ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of November 3, 2016 No. 467

About introduction of amendments to the order of the Minister of national economy of the Republic of Kazakhstan of December 22, 2014 No. 157 "About some questions of planning and implementation of concessionary projects"

According to subitems 7) and 7-5) articles 9 of the Law of the Republic of Kazakhstan of July 7, 2006 "About concessions" ORDER:

1. Bring in the order of the Minister of national economy of the Republic of Kazakhstan of December 22, 2014 No. 157 "About some questions of planning and implementation of concessionary projects" (registered in the Register of state registration of regulatory legal acts for No. 10122, published on February 20, 2015 in information system of law of Ad_let) the following changes:

The rules of carrying out tender at the choice of the concessionary approved by the specified order to state in edition according to appendix to this order;

in Requirements to examination of concessionary offers, the tender documentation, including in case of introduction in it of changes and amendments, the concessionary requests submitted by participants of tender when carrying out tender at the choice of the concessionary and draft agreements of concession, including when entering into agreements of concession of the changes and amendments approved by the specified order:

28, of 29, 30 and 31 to state Items in the following edition:

"28. The purpose of conducting examination of draft agreements of concession, including in case of introduction of changes in them and amendments, the analysis of draft agreements of concession is, including in case of introduction of changes in them both amendments and development of recommendations for the Commission and other interested persons on ensuring efficiency of implementation of the concessionary project and risk management, and risks assessment of the parties with development of recommendations for agreement parties.

29. Experimental testimony of draft agreements of concession contains:

1) project analysis of the agreement in accordance with the terms of tender, initial parameters of the concessionary request of the potential concessionary, taking into account provisions of the protocol on determination of the best concessionary request and protocol on refining of the concessionary project and terms of the contract of concession;

2) analysis of compliance of the draft agreement of concession to the basic principles of public-private partnership and concession;

3) risk analysis of the concedent and concessionary, including impact assessment of changes of external conditions on implementation of the concessionary project;

The analysis died 4), amounts and conditions of provision of the state support of activities of the concessionary, and also cost recovery and receipt of the income of the concessionary;

5) the analysis of responsibility of the parties, conditions of consideration of disputes, possible to origin within implementation of the concessionary project;

6) conclusions and recommendations.

30. Experimental testimony of draft agreements of concession on entering into agreements of concession of changes and amendments contains:

1) the analysis of the made changes and additions in the draft agreement of concession in accordance with the terms of tender, initial parameters of the concessionary request of the potential concessionary, taking into account provisions of the protocol on determination of the best concessionary request and protocol on refining of the concessionary project and terms of the contract of concession.

Under the agreements of concession signed till 2008 carrying out the analysis of compliance of the made changes and additions in the agreement of concession to the conditions determined in the tender documentation and concessionary application is not required;

2) financial analysis of the concessionary following the results of the previous financial year;

3) the analysis of compliance of the made changes and additions in the agreement of concession to the basic principles of public-private partnership and concession;

4) risk analysis of the concedent and concessionary when entering into agreements of concession of changes and amendments, including influence of changes of external conditions on implementation of the concessionary project;

5) the analysis of compliance of the made changes and additions on measures, amounts and conditions of provision of the state support of activities of the concessionary, and also cost recovery and receipt of the income of the concessionary specified in agreements of concession;

6) the analysis of influence of the made changes and additions in agreements of concession on the course of implementation of the concessionary project;

7) the analysis of responsibility of the parties, conditions of consideration of disputes, possible to origin within implementation of the concessionary project;

8) conclusions and recommendations.

31. Result of examination of draft agreements of concession, including in case of introduction of changes in them and amendments, the positive conclusion or the conclusion on completion conforming to the requirements provided by Items 28, of 29 and 30 these rules is.".

2. To department of budget investments and development

public-private partnership of the Ministry of national economy of the Republic of Kazakhstan to provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in printing and electronic type on official publication in periodic printing editions and information system of law of Ad_let within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan, and also in the Republican center of legal information for inclusion in reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the first vice-minister of national economy of the Republic of Kazakhstan.

4. This order becomes effective from the date of its first official publication.

Appendix

to the Order of the Minister of national economy of the Republic of Kazakhstan of November 3, 2016 No. 467

Appendix 2

to the Order of the Minister of national economy of the Republic of Kazakhstan of December 22, 2014 No. 157

Rules of carrying out tender at the choice of the concessionary

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