of April 26, 2018 No. 142
About approval of Rules of control of observance of conditions of contracts for subsurface use, including production sharing agreements
According to Item 1 of article 66 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" I ORDER:
1. Approve the enclosed Rules of control of observance of conditions of contracts for subsurface use, including production sharing agreements.
2. To provide to department of the state inspection in oil and gas complex of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;
4) placement of this order on Internet resource of the Department of Energy of the Republic of Kazakhstan after its official publication;
5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2), 3) and 4) of this Item.
3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.
4. This order becomes effective since June 29, 2018 and is subject to official publication.
Minister of Energy of the Republic of Kazakhstan
K. Bozumbayev
|
It is approved Minister of national economy of the Republic of Kazakhstan April 26, 2018 |
T. Suleymenov |
Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of April 26, 2018 No. 142
1. These rules of control of observance of conditions of contracts for subsurface use, including production sharing agreements (further - Rules) are developed according to Item 1 of article 66 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code) and determine procedure of control of observance of conditions of contracts for exploration and production or hydrocarbon production, and also uranium production, including production sharing agreements (further - contracts).
In case of availability in the production sharing agreements approved by the Government of the Republic of Kazakhstan or in the contract for subsurface use approved by the President of the Republic of Kazakhstan, other procedure of control of observance of conditions of contracts, control of observance of conditions of contracts is exercised according to conditions of such agreements or the contract for subsurface use.
These rules are also applied to the relations on the permissions, licenses and contracts for subsurface use issued and signed before enforcement of the Code according to Item 3 of article 277 of the Code.
2. Control of observance by subsoil users (operators under the contract for subsurface use, trustees) (further - the subsoil user) conditions of contracts is not the state control of observance of requirements of the legislation of the Republic of Kazakhstan on subsoil and subsurface use in the field of carrying out transactions on subsurface use on the hydrocarbons and production of uranium performed according to the Entrepreneurial code of the Republic of Kazakhstan.
3. Control of observance by subsoil users of conditions of contracts is exercised by competent authority (the state body which is the contract party).
4. Control of observance by subsoil users of conditions of contracts is exercised by means of monitoring of accomplishment by subsoil users of contract obligations and visit of the subsoil user, and also objects on which are conducted operations on subsurface use in accordance with the terms of contracts (were performed).
5. The concepts and determinations used in these rules are applied according to the legislation of the Republic of Kazakhstan.
6. Monitoring of accomplishment by subsoil users of contract obligations (further - monitoring) is performed by competent authority by means of the analysis of the reports submitted by subsoil users according to the Code (further - reports), and the data received from other sources according to the legislation of the Republic of Kazakhstan.
Monitoring is performed according to the procedure, determined by competent authority according to Item 2 of article 66 of the Code.
7. No. 182 is excluded according to the Order of the Minister of Energy of the Republic of Kazakhstan of 22.05.2023
8. No. 182 is excluded according to the Order of the Minister of Energy of the Republic of Kazakhstan of 22.05.2023
9. Control of observance of conditions of contracts by means of visit of the subsoil user, and also objects on which are conducted operations on subsurface use (were performed) (further - visit) is subdivided on planned and unplanned.
10. Planned visit is performed based on the competent authority of the annual list of visit approved by the head which is placed on Internet resource of competent authority no later than fifteen calendar days prior to implementation of the first planned visit.
11. The annual list of visit (with indication of the bases of inclusion of subsoil users in this list and the visited period) is created for the accounting period from December of the current year to December of the next year.
12. The basis for inclusion in the annual list of visit is non-presentation of reports and (or) submission of doubtful reports and lack of possibility of confirmation of the fact of failure to carry out of contractual terms by results of monitoring.
The analyzed period is the period no more than two years preceding the current year.
13. Concerning each subsoil user planned visit, according to the annual list of visit, is carried out not more often than once a year.
The beginning of the period of planned visit concerning each subsoil user is established according to the beginning of the analyzed period when carrying out the analysis by results of which this subject is included in the annual list of visit.
The end of the period of planned visit covers the term of carrying out planned visit. At the same time, only materials (information) on accomplishment of measurable conditions of contracts of the analyzed period are subject to studying.
14. The territorial subdivision of competent authority (further - territorial subdivision) at least in ten working days prior to implementation of planned visit notifies the subsoil user in writing on planned visit with indication of data on person to which it is addressed of information on the sender, its signature, the term and subject.
In the notification the visit subject, term of carrying out visit and the visited period, and also structure of the commission on visit are specified.
The notification goes by mail and with use of the means of communication providing fixation of the notification.
15. In case of receipt of information on failure to carry out of conditions of contracts from physical and (or) legal entities, state bodies and (or) other persons, and in case of lack of opportunity to confirm the fact of failure to carry out of conditions of contracts by results of monitoring, the competent authority sends such information to territorial subdivision for purpose of unplanned visit.
Unplanned visits are not carried out in cases of anonymous addresses.
16. The territorial subdivision at least one day before the beginning of implementation of unplanned visit notifies the subsoil user in writing on unplanned visit with indication of data on person to which it is addressed of information on the sender, its signature, the term and subject.
In the notification the visit subject, term of carrying out visit and the visited period, and also structure of the commission on visit are specified.
The notification goes by mail and with use of the means of communication providing fixation of the notification.
16-1. The beginning of the period of unplanned visit concerning each subsoil user is established according to the period of time specified in information on failure to carry out of conditions of contracts.
The end of the period of unplanned visit covers the term of carrying out unplanned visit. At the same time, only materials (information) on accomplishment of conditions of contracts for the period, specified in such information are subject to studying.
17. The visit subject, terms and the periods of visit, and also structure of the commission on visit are specified in the order on purpose of visit which affirms the head of territorial subdivision of competent authority, separately on each visit.
18. The term of visit does not exceed thirty calendar days.
In case of considerable amount of works the term of visit is prolonged once by the head of territorial subdivision for term of thirty calendar days.
19. Starting date of visit is date of acquaintance of the head or authorized person of the subsoil user with the order on purpose of visit under list or in a different way, confirming receipt of the copy of the order on purpose of visit.
20. The officials of competent authority who arrived for visit show official IDs and the order on purpose of visit.
21. Within visit measurable conditions of contracts are studied.
22. During visit the subsoil user, according to the written request of the head and (or) members of the commission, provides required materials (information) for studying relating to visit subject.
23. By results of visit the certificate of results of visit in the Kazakh and Russian languages in duplicate which is signed by the head and members of the commission is constituted.
24. The certificate of results of visit is constituted according to structure of the contract and has references to its Items.
25. After the end of visit the certificate of results of visit with copies of appendices, except for copies of the documents which are available for the subsoil user is in duplicate handed on acquaintance to the head or the authorized person of the subsoil user.
26. The head or the authorized person of the subsoil user signs the certificate of results of visit in duplicate within three working days from the moment of their obtaining.
27. In case of signing of the certificate of results of visit by the authorized person of the subsoil user, the original or the verified copy of the power of attorney from the subsoil user's head is attached to the reference.
28. The head or the authorized person of the subsoil user the first copy of the signed certificate of results of visit returns the commissions on visit.
29. The head or the authorized person of the subsoil user signs the certificate of results of visit with objections, in case of disagreement with results of visit or its part.
30. In case of refusal the head or the authorized person of the subsoil user from signing, the certificate of results of visit is introduced in office of the subsoil user or goes by mail.
31. In case of disagreement with results of visit the subsoil user appeals them in higher state body or in court according to the procedure, established by the legislation of the Republic of Kazakhstan.
32. If by results of visit there will be established fact of non-compliance with terms of the contract by the subsoil user, the competent authority takes concerning such subsoil user measures according to the Code and provisions of the contract.
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