THE ORDER OF THE FIRST DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2019 No. 674

About approval of Rules of provision of the state guarantee of the Republic of Kazakhstan on export support

According to Item 3 of Article 225-1 of the Budget code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Rules of provision of the state guarantee of the Republic of Kazakhstan on export support.

2. To provide to department of the state borrowing of the Ministry of Finance of the Republic of Kazakhstan in the procedure established by the legislation:

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 in the Ministry of Justice of the Republic of Kazakhstan the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" the Ministries 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) placement of this order on Internet resource of the Ministry of Finance 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 Department of legal service of the Ministry of Finance of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of the industry and infrastructure development of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

Approved by the Order of the First deputy Premier-Ministra of the Republic of Kazakhstan - the Minister of Finance of the Republic of Kazakhstan on July 2, 2019 No. 674

Rules of provision of the state guarantee of the Republic of Kazakhstan on export support

Chapter 1. General provisions

1. These rules of provision of the state guarantee of the Republic of Kazakhstan on export support (further - Rules) are developed according to Item 3 of Article 225-1 of the Budget code of the Republic of Kazakhstan (further - the Budget code) and determine procedure and conditions of provision of the state guarantee of the Republic of Kazakhstan on export support.

2. The state guarantee of the Republic of Kazakhstan on support of export is provided to Export credit agency of Kazakhstan (further - the Agency) for ensuring repayment of its debt to the Kazakhstan and foreign insurers and beneficiaries on implementation of insurance and warranty payments in case of approach of insured and warranty events according to insurance contracts and guarantee according to which the Agency acts as the insurer.

3. In these rules the following basic concepts and terms are used:

1) the Agency - the legal entity determined by the decision of the Government of the Republic of Kazakhstan which has the status of national institute of development in the field of development and promotion of non-oil export also performs activities according to the Law of the Republic of Kazakhstan "On regulation of trading activity" and the legislation of the Republic of Kazakhstan;

2) the special loan account - the account opened by the Agency in bank of the second level or the organization performing separate types of banking activities, authorized on servicing of the obligations guaranteed by the state on support of export and intended for money transfer of the republican budget for the purpose of execution of the obligations guaranteed by the state for export support, and also return to the republican budget of the funds allocated for obligation fulfillment on the state guarantee on export support;

3) bank - the legal entity, being the commercial organization which according to the Law of the Republic of Kazakhstan "About banks and banking activity in the Republic of Kazakhstan" is competent to perform banking activity;

4) the central authorized body on budget implementation (further - authorized body on budget implementation) - the central executive body performing management and cross-industry coordination in the field of budget implementation, conducting financial accounting, budget accounting and budget reports on execution of the republican budget and, within the competence, local budgets, Fund of compensation by the victim, National fund of the Republic of Kazakhstan based on the report of National Bank of the Republic of Kazakhstan;

5) the central authorized body on budgetary planning (further - authorized body on budgetary planning) - the central executive body performing management and cross-industry coordination in the field of budgetary planning;

6) the state guarantee of the Republic of Kazakhstan on export support (further - the State guarantee) - the obligation of the Government of the Republic of Kazakhstan to the Agency in accordance with the terms of the agreement of guarantee on export support, fully or partially to repay its debt on insurance and warranty payments;

7) limit of provision of the State guarantee - the fixed amount approved by the law on the republican budget for the corresponding financial year within which the State guarantees can be issued;

8) adjustment of the conclusion - change of the set conclusion parameters, the attracting amendment and (or) change of its content, the conclusions provided for provision of the State guarantee;

9) the central authorized body on state planning (further - authorized body on state planning) - the central executive body performing management and cross-industry coordination in the field of strategic and economic planning, development and forming of budget policy and also on forming and realization of state policy in the field of regional development;

10) the conclusion of the central authorized body on state planning for provision State guarantees (further - the Conclusion) - the conclusion of the central authorized body on state planning regarding feasibility of provision of the State guarantee (its influence on national economy and the compliance to strategic and (or) program documents prepared based on the positive industry conclusion of authorized body) to the Agency;

11) the request - the appeal of the Agency to authorized body about provision of the industry conclusion;

12) authorized body in the field of regulation of foreign trade activity (further - authorized body) - the central executive body performing management in the field of development and promotion of export of non-oil goods and services and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of regulation of foreign trade activity;

13) the industry conclusion of authorized body (further - the industry conclusion) - the conclusion of authorized body in the field of regulation of foreign trade activity regarding compliance to priorities of development of industry by means of provision of the State guarantee to the relevant Agency;

14) the agreement of guarantee on export support - the written agreement between authorized body on budget implementation and the Agency establishing legal relationship, obligations and responsibility of the parties by provision of the State guarantee;

15) the obligation guaranteed by the state on export support - the amount for certain date of outstanding agreement obligations of insurance and guarantee, provided with the State guarantee on which the Agency, does not perform insurance and warranty payments;

16) the agreement on provision of the state guarantee on export support - the agreement between the central authorized body on budget implementation confided (agent) and the Agency establishing legal relationship of the parties on provision of the State guarantee, return of the means of the republican budget distracted in case of obligation fulfillment on the State guarantee.

Other concepts used in these rules are applied in that value in what they are used in the corresponding industries of the legislation of the Republic of Kazakhstan if other is not provided by the budget legislation of the Republic of Kazakhstan and these rules.

Chapter 2. Procedure for provision of the state guarantee of the Republic of Kazakhstan on export support

4. Provision of the State guarantee is performed based on the order of the Government of the Republic of Kazakhstan and in case of observance by the Agency of requirements and conditions of the Budget code and these rules.

5. For receipt of the industry conclusion the Agency sends the request to authorized body with appendix:

information on the State guarantee which contains the amount of the State guarantee, the term of its action, the institutional scheme of use of the State guarantee (information on all participants of process, their interaction);

information on the Agency which contains copies of constituent documents, and also documents confirming the status of the Agency, the development plan for the Agency, the rating report.

In case of failure to provide by the Agency the specified documents by authorized body within 5 (five) working days the request of the Agency is rejected without consideration.

6. The authorized body issues within 15 (fifteen) working days the industry conclusion from the date of submission of the request by the Agency.

In case of issue of the negative industry conclusion by authorized body, the request of the Agency is rejected with indication of return reasons for its further completion according to the Rules of determination of the amount of limit of provision of the state guarantee of export support approved by the order of the Minister of national economy of the Republic of Kazakhstan of May 16, 2023 No. 69 (it is registered in the Register of state registration of regulatory legal acts at No. 32553).

7. For receipt of the Conclusion the Agency directs documents according to the Requirements to development or adjustment of the conclusion of the central authorized body on state planning for provision of the state guarantees on export support approved by the order of the Minister of national economy of the Republic of Kazakhstan of July 2, 2019 No. 60 (it is registered in the Register of state registration of regulatory legal acts at No. 18957) (further - Requirements).

8. The authorized body on state planning submits the Conclusion within terms, according to Requirements.

9. The agency submits to authorized body on budget implementation documents, according to the list of the documents provided by the Agency for receipt of the state guarantee of the Republic of Kazakhstan on export support, according to appendix to these rules.

In case of provision of incomplete document package by the Agency, the authorized body on budget implementation within 5 (five) working days returns documents without consideration.

In case of receipt of complete document package, the authorized body on budget implementation signs with the Agency and the confided (agent) the agreement on provision of the State guarantee.

10. Conditions, terms, rates of remuneration and procedure for return of the means distracted from the republican budget on execution of the State guarantee are determined in the agreement on provision of the State guarantee according to Item 5 of Article 225-6 of the Budget code.

11. The authorized body on budget implementation within 10 (ten) working days after agreement signature about provision of the State guarantee provides adoption by the Government of the Republic of Kazakhstan of the resolution on provision of the State guarantee according to Item 1 of Article 225-2 of the Budget code.

In case of adoption by the Government of the Republic of Kazakhstan of the resolution on provision of the State guarantee, the authorized body on budget implementation within 20 (twenty) working days signs with the Agency the agreement of guarantee on support of export according to Article 225-4 of the Budget code.

12. The state guarantee in the form of the agreement of guarantee on support of export is constituted in 2 (two) copies in one copy for each of the parties in the state and Russian languages having identical legal force.

13. The authorized body on budget implementation performs execution of the State guarantee, in case of exceeding of one-time realization of insured and warranty events which will exceed equity of the Agency in the presence of the conclusions of the confided (agent), the Agencies, statements from its accounts issued by banks of the second level, and also the audited financial reporting for the financial year preceding the request for execution of the State guarantee, and the financial reporting at the time of the request for execution of the State guarantee.

14. Planning of amounts of the forthcoming repayment of the obligations guaranteed by the state is made by authorized body on budget implementation annually within project development of the republican budget for the next financial year or when refining the republican budget on the basis of forecast calculations of the forthcoming amounts of repayment of the obligations guaranteed by the state.

15. Amount of repayment of the obligations guaranteed by the state in the planned year the Agencies are determined based on the conclusions of the confided (agent), and is reflected in the republican budget for the next financial year in national currency and according to the separate budget program.

16. For planning of expenses of the republican budget administrators of budget programs represent to the central authorized body on budgetary planning the budget request according to the Rules of creation and submission of the budget request approved by the order of the Minister of Finance of the Republic of Kazakhstan of November 24, 2014 No. 511 (it is registered in the Register of state registration of regulatory legal acts of December 25, 2014 at No. 10007).

17. In case of non-execution of obligations by the Agency on debt repayment on earlier distracted means from the republican budget within the operating State guarantee provision on it the subsequent amounts from the republican budget are not allowed.

18. Execution of the State guarantee is performed only on part of the uncovered amount of insurance and warranty payments less equity of the Agency and after acceptance of all reasonable measures of the requirement of compensation of insurance and warranty payment by the Agency to persons responsible for losses and (or) recognitions of such persons by bankrupts or their liquidation.

19. The funds allocated for obligation fulfillment on the State guarantee are subject to return by the Agency to the republican budget at the expense of means of compensation of insurance and warranty payments.

Appendix

to Rules of provision of the state guarantee of the Republic of Kazakhstan on export support

The list of the documents provided by the Agency for receipt of the state guarantee of the Republic of Kazakhstan on export support

1. Positive industry conclusion of authorized body.

2. The positive conclusion of the central authorized body on state planning.

3. Protocols of the Republican budget commission (in the presence).

4. The statement about payment of one-time payment (collection) in the amount of 0,2 of % of the amount of the state guarantee on export support.

5. Notarized copies of constituent documents.

6. Data on lack of tax debt and overdue debt according to the credit report provided according to the legislation of the Republic of Kazakhstan on credit bureaus and forming of credit stories.

7. The statement from the Shareholder register of the Agency.

8. The copy of the document confirming the status of the Agency.

9. Information on insurance and warranty payments within the assumed insurance and warranty obligations.

 

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