ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 1, 2020 No. 628

About modification and amendments in the Orders of the Government of the Republic of Kazakhstan of December 11, 2018 No. 820 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting" and of December 31, 2019 No. 1060 "About some measures of the state support of private entrepreneurship"

The government of the Republic of Kazakhstan DECIDES:

1. Make changes and additions to the following decisions of the Government of the Republic of Kazakhstan:

1) in the order of the Government of the Republic of Kazakhstan of December 11, 2018 No. 820 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting":

in the mechanism of crediting of priority projects approved by the specified resolution:

state Item 1 in the following edition:

"1. And JSC Agrarian Credit Corporation (further - AKK) in 2018 - 2021 for support of the subjects of private entrepreneurship (further - SChP) performing activities in processing industry and agro-industrial complex will constitute the total amount of financing by National Bank of the Republic of Kazakhstan of banks of the second level (further - BVU) to 1 trillion tenge.

Projects of Development Bank of Kazakhstan joint-stock company (further - BRK) will be financed only at the expense of own means (market funding) of BRK.";

add with Items 1-1. and 1-2. following content:

"1-1. Strategic tasks

Strategic tasks:

1) expansion of production in processing industry and the AIC;

2) saturation of the domestic market by goods and services of domestic manufacturers.

1-2. Target indicators

Target indicators:

1) decrease in share of import on goods of economy of simple things for 20% by 2022 of the level of 2018;

2) growth of production of economy of simple things by 20% by 2022 by 2022 from the level of 2018.";

state Item 2 in the following edition:

"2. Conditions of provision of means of BVU and AKK:

The National Bank of the Republic of Kazakhstan at the expense of own means and means which are in its management will perform acquisition of bonds of BVU and AKK on the amount to 1 trillion tenge from repayment period to 10 years on final return rate to 11% per annum.

BVU and AKK has the right to extinguish ahead of schedule the bonds issued by it on the conditions determined by the prospectus of release (bond issue condition) and approved with National Bank of the Republic of Kazakhstan.

The maximum limit of bonds acquisition on each BVU shall not exceed 104 billion tenges, the limit of bonds acquisition on AKK shall not exceed 170 billion tenges. In case of non-use of limit partially or completely BVU, unused limit can be redistributed among the interested BVU.

The maximum limit of acquisition of bonds of AKK shall not exceed 170 billion tenges from which no more than 140 billion tenges can be directed to production and conversion in agro-industrial complex. At the same time, acquisition of bonds of AKK on the amount of 70 billion tenges directed to production and conversion in agro-industrial complex requires availability of the state guarantee.

The raised and own funds of BVU and AKK shall be directed to financing of priority projects in the following directions:

1) conversion in agro-industrial complex to 300 billion tenges;

2) production in agro-industrial complex to 300 billion tenges;

3) processing industry and services to 400 billion tenges.

Operator on financing of priority projects on production and conversion in agro-industrial complex along with BVU is AKK. Along with direct lending of AKK has the right to accumulate credit partnerships for the subsequent crediting of agricultural producers.

No more than 30 billion tenges will be directed to crediting of the projects directed to carrying out spring and field and/or harvest works on production in agro-industrial complex.

At the same time, on crediting of the projects realized by subjects of small and medium business (further - MSB), will direct at least 200 billion tenges. For this purpose each BVU and AKK will provide financing of the MSB projects in the amount of at least 20% of total amount of the issued credits on the conditions established by this mechanism of crediting of priority projects (further - the mechanism).

BVU and AKK can grant loans under the SChP projects at the expense of own means, and also issue bonds for providing or recovery of funding for SChP loans.

Loans are granted JSC Development Bank of Kazakhstan (further - BRK) only at the expense of own means (market funding).

The limit of financing of projects for BRK will constitute no more than 200 billion tenges.

BRK is performed crediting of the significant projects directed to decrease in importozavisimost and infrastructure development.

At the same time, crediting of the BRK projects is performed according to the recommendation of State commission concerning upgrade of economy.

In case of receipt of advance funding, the period of application of funds, the bonds received from placement, shall not exceed 12 months from the date of their revenues to the account of BVU and AKK.

Purpose of the provided means - crediting of SChP performing activities in processing industry and agro-industrial complex for the purposes of investment and replenishment of current assets. Replenishment of current assets on renewable basis is allowed.

At the same time, has the right to direct no more than 50% of the issued borrowing facilities within one project of the borrower to the purposes of replenishment of current assets of BVU and AKK. This restriction does not extend to financing of projects on production and conversion in agro-industrial complex which is performed at the expense of own means of BVU and AKK, and also projects directed to carrying out spring and field and/or harvest works on production in agro-industrial complex regardless of credit financing source. At the same time, the projects directed to carrying out spring and field and/or harvest works on production in agro-industrial complex are financed for the term of no more than 1 year.";

4) of Item 6 to state the subitem in the following edition:

"4) on carrying out spring and field and/or harvest works: preserving/increase in workplaces and preserving level of index of physical amount.";

state Item 8 in the following edition:

"8. Conditions of guaranteeing SChP projects:

The credits with the nominal rate of remuneration which is not exceeding 15% per annum are subject to guaranteeing. The guarantee size within one project of the borrower cannot exceed:

50% of credit amount to 3 billion tenges inclusive;

30% on the credits over 3 billion tenges to 5 billion tenges inclusive.

Guarantee period no more loan term.

Conditions, procedure and the mechanism of guaranteeing, and also monitoring of implementable projects within this Mechanism are regulated by the Rules of guaranteeing on the credits within the State program of support and business development "The road map of business-2025" approved by the order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060.

Conditions, procedure and the mechanism of guaranteeing, and also monitoring of implementable projects on production and conversion in agro-industrial complex are regulated by the order of authorized state body in the field of development of agro-industrial complex.";

to be reworded as follows appendix to the mechanism of crediting of priority projects according to appendix 1 to this resolution;

2) in the order of the Government of the Republic of Kazakhstan of December 31, 2019 No. 1060 "About some measures of the state support of private entrepreneurship":

in Rules of subsidizing of part of rate of remuneration within the State program of support and business development "The road map of business-2025" approved by the specified resolution:

add with Item 6-1 of the following content:

"6-1. The projects approved till August 26, 2020 within earlier approved State program of "DKB-2020" and the approved State program of "DKB-2025" act on earlier approved conditions before complete execution by entrepreneurs of the obligations on them.";

add Item 36 with part three of the following content:

"On means of the Program of preferential crediting of subjects of small and medium entrepreneurship approved by the resolution of Board of National Bank of the Republic of Kazakhstan of March 19, 2020 No. 39, subsidizing it is performed on the credits directed to 100% of replenishment of current assets with nominal rate of remuneration of 8% per annum from which 6% are paid by the entrepreneur, and the difference is subsidized with the state. At the same time, credit amount no more than 500 million tenges, and in the field of trading activity no more than 100 million tenges. The term of subsidizing constitutes no more loan term.";

state Item 49 in the following edition:

"49. Subsidizing of rate of remuneration on the credits of development bank is performed with nominal rate of remuneration no more than 15% from which 6% are paid with subject of private entrepreneurship, and the difference is subsidized with the state.

Subsidizing of rate of remuneration under agreements of financial leasing of development bank is performed with nominal rate of remuneration no more than 15% from which 5% are compensated by the state, and the difference is paid by the entrepreneur.

Subsidizing of rate of remuneration on the credits of development bank is performed without restrictions of term of subsidizing, at the same time projects of development bank with subsidizing term are allowed more than 5 years to subsidizing according to the recommendation of State commission concerning upgrade of economy.";

state Item 74 in the following edition:

"74. The new and operating credits issued (issued) by banks on investment and replenishment of current assets (including on renewable basis) according to inventories for subsidizing on the credits within projects are subject to subsidizing:

on conversion in agro-industrial complex according to appendix 1 to these rules of subsidizing;

on production in agro-industrial complex according to appendix 2 to these rules of subsidizing;

on processing industry and services according to appendix 3 to these rules of subsidizing.

The operating credits are understood as the credits issued by banks after entry into force of the order of the Government of the Republic of Kazakhstan of December 11, 2018 to No. 820 "About some questions of ensuring long-term tengovy liquidity for the solution of task of available crediting".

Subsidizing of the credit for replenishment of current assets on which the size of current assets does not exceed 50% of credit amount within one project of the borrower is allowed.

This restriction does not extend to financing of projects on production and conversion in agro-industrial complex which is performed at the expense of own means of BVU and AKK, and also projects directed to carrying out spring and field works regardless of credit financing source. At the same time, the projects directed to carrying out spring and field works are financed for the term of no more than 1 year.

In case of 100% financing on the purpose of replenishment of current assets on projects of conversion and production in agro-industrial complex at the expense of own means of banks within the mechanism the following selection criteria are established:

lack of overdue tax debt at the time of application;

financing on the purpose of carrying out calculations for tax and other obligatory payments, payment of the current payments on servicing of the credits, loans and agreements of leasing is not allowed.

Refinancing from other bank, and also on purchase of shares is not allowed.

At the same time, subsidizing of syndicated loans of BVU with BRK is allowed.";

state Item 90 in the following edition:

"90. The entrepreneur with the positive decision of bank/bank of development / leasing company addresses to the financial agency with the statement questionnaire in form according to appendix 5 to these rules of subsidizing to which are applied:

1) the document on state registration (re-registration) of the legal entity (the copy certified by the signature of the entrepreneur and seal (in the presence), the notice of registration of the individual entrepreneur;

2) the business plan of the project of the entrepreneur containing:

terms of ensuring participation in project implementation of own means (money, personal/real estate) and/or property of the third parties under credits/agreements of financial leasing over 180 (hundred eighty) million tenges within the first and second directions of the Program (at the same time such participation of property is provided at the level of not lower than 10% of total cost of project implementation);

stages on preserving/increase in annual average number of workplaces on the basis of data of the tax declaration, including data on compulsory pension contributions and (or) social assignments or growth in volumes of the salary fund or on reaching growth of the income (the income from realization: the cost of the realized goods, works, services from the main activities) or on growth of amount of payable taxes (corporate income tax / the individual income tax) for 10% after 2 (two) financial years from the date of adoption by the financial agency of the decision on subsidizing (the requirement of this paragraph extends to cases of filing of application on participation within the first and second directions of the Program);

on the mechanism:

condition of preserving/increase in annual average number of workplaces on the basis of data of the tax declaration, including data on compulsory pension contributions and (or) social assignments or achievement of growth of the income (the income from realization: the cost of the realized goods, works, services from the main activities) for 10% after 3 (three) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued 100% for the investment purposes;

condition of preserving/increase in annual average number of workplaces on the basis of data of the tax declaration, including data on compulsory pension contributions and (or) social assignments or tax payments or production volume (in terms of money) or achievements of growth of the income (the income from realization: the cost of the realized goods, works, services from the main activities) for 10% after 2 (two) financial years from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the investment purposes and replenishment of current assets in the amount of no more than 50% within one project of the borrower (the companies, not tax-exempt, provide increase in tax payments according to requirements of the mechanism);

condition of preserving/increase in annual average number of workplaces on the basis of data of the tax declaration, including data on compulsory pension contributions and (or) social assignments or tax payments or increase in production volume (in terms of money) or achievements of growth of the income (the income from realization: the cost of the realized goods, works, services from the main activities) for 10% following the results of 1 (one) from the date of the decision of working body / the financial agency about subsidizing on the borrowing facilities issued on the purpose of 100% of replenishment of current assets (the companies, not tax-exempt, provide increase in tax payments according to requirements of the mechanism);

3) copies of the shipping documents confirming movement of goods from the territory of one state member of the Eurasian Economic Union on the territory of other state member of the Eurasian Economic Union (in case of availability);

4) the documents confirming availability of appropriate level of currency earnings for the last accounting period (in case of filing of application on participation within the third direction of the Program).

The entrepreneur can address the regional/local coordinator of the Program for receipt of consulting support concerning preparation of the request and collection of documents for participation in the Program.

At the time of application by the entrepreneur availability of the certificate of lack of tax debt for the required period is required.";

appendix 3 to the specified Rules to be reworded as follows according to appendix 2 to this resolution;

in Rules of guaranteeing on the credits within the State program of support and business development "The road map of business-2025" approved by the specified resolution:

state item 4 in the following edition:

"4. The means provided for guaranteeing are listed on:

To the program - the akim of area (the capital, the cities of republican value) to the financial agent on the basis of the agreement on subsidizing and guaranteeing within the Program signed between them at the expense of means of republican and local budgets. The standard form of the agreement on subsidizing and guaranteeing within the Program affirms authorized body on entrepreneurship.

The funds from the republican budget allocated on the basis of the contract for money transfer for subsidizing of rate of remuneration on the credits of the subjects of private entrepreneurship performing activities for conversion and production in agro-industrial complex, processing industry and to provision of services within the Mechanism of crediting of priority projects (further - the agreement), can be directed to the instrument of guaranteeing within the Program/mechanism. Distribution of the received means by the financial agency is performed independently, proceeding from need of regions. The funds allocated for guaranteeing within the Program/mechanism and not used by regional coordinators of the Program / the financial agency in the current financial year can be used in the next financial year on guaranteeing the projects including approved in the next financial year.

When guaranteeing priority projects within the Mechanism the funds allocated for subsidizing of priority projects within the contract for money transfer for subsidizing of rate of remuneration on the credits of the subjects of private entrepreneurship performing activities for conversion and production in agro-industrial complex, processing industry and to provision of services within the Mechanism of crediting of priority projects are subject to transfer to the current account of the financial agency in the amount of 20% of the amount of guarantees and are payment for the issued guarantees. Further review and financing of the project are performed according to the procedure provided in the Program.

At the same time, provision of guarantees for BRK on BVU credits on market conditions is allowed.";

add with Item 4-1 of the following content:

"4-1. The projects approved by authorized body of the financial agency till August 26, 2020 within earlier approved State program of "DKB-2020" and the State program of "DKB-2025" act on earlier approved conditions before complete execution by entrepreneurs of the obligations on them.";

state Item 33 in the following edition:

"33. Guaranteeing can be performed only on the credits of bank with the nominal rate of remuneration which is not exceeding the base rate of remuneration of National Bank of the Republic of Kazakhstan increased by 5 (five) percent points for decision date by bank on the project of the entrepreneur and development bank with remuneration rate no more than 15% per annum.";

add Item 34 with the subitem 3) of the following content:

"3) the credit within the project in the amount of 100% is directed to replenishment of current assets according to the Program of preferential crediting of subjects of small and medium entrepreneurship for rate no more than 8% per annum. At the same time the term of the provided guarantee - no more loan term.";

state Items 44 and 45 in the following edition:

"44. The credits issued by banks (except for development bank) on investments and replenishment of current assets (including on renewable basis), according to inventories for guaranteeing on the credits within projects are subject to guaranteeing:

on conversion in agro-industrial complex according to appendix 1 to these rules of guaranteeing;

on processing industry and services according to appendix 2 to these rules of guaranteeing;

on production in agro-industrial complex according to appendix 5 to these rules of guaranteeing.

45. Within processing industry guaranteeing the credit directed to replenishment of current assets on which the size of current assets shall not exceed 50% of the project amount is allowed. Guaranteeing the credit which 100% are directed to replenishment of current assets is allowed if the size of this credit does not exceed 50% of the total credited project amount.

Within financing of projects on conversion and production in agro-industrial complex which is performed at the expense of own means of banks guaranteeing can be performed on the credit directed to replenishment of current assets (except for carrying out calculations for payment of the current payments on servicing of the credits or agreements of leasing) in the amount of 100% inclusive.

In case of 100% financing on the purpose of replenishment of current assets on projects of conversion and production in agro-industrial complex at the expense of own means of banks within the Mechanism the following selection criteria are established:

lack of overdue tax debt at the time of application;

financing on the purpose of carrying out calculations for tax and other obligatory payments, payment of the current payments on servicing of the credits, loans and agreements of leasing is not allowed.

Refinancing from other bank, and also on purchase of shares is not allowed.";

5) of Item 50 to state the subitem in the following edition:

"5) the bank independently according to the procedure established by internal documents of bank, in time no more than 20 working days considers the application of the entrepreneur and makes the decision on possibility of loan granting;";

state Item 52 in the following edition:

"52. The entrepreneur files in bank petition on receipt of the credit.

The bank independently according to the procedure established by internal documents of bank, in time no more than 20 working days considers the application of the entrepreneur, carries out complex project appraisal, analyzes the documents submitted by the entrepreneur, financial condition of the entrepreneur, on the basis of the conclusion about assessment of mortgage property provided by the entrepreneur carries out assessment of mortgage cost of providing the entrepreneur and, in case of insufficiency of providing, submits the project for consideration of the authorized body realizing domestic credit policy of bank for decision making about possibility of loan granting under guarantee of the financial agency.";

in Chapter 7. Item 66 to state procedure for provision of guarantees within the mechanism in the following edition:

"66. The entrepreneur files in bank petition on receipt of the credit within the Mechanism.

The bank independently according to the procedure established by internal documents of bank, in time no more than 20 working days considers the application of the entrepreneur and, in case of insufficiency of providing, submits the project for consideration of authorized body of bank for decision making about possibility of loan granting under partial guarantee of the financial agency.

The bank within 2 (two) working days from the date of decision making of bank by authorized body submits to the financial agency documents, according to appendix 4 to these rules of guaranteeing, for consideration of question of provision of a guarantee.

At the time of application by the entrepreneur availability of the certificate of lack of tax debt for the required period is required.";

state Item 68 in the following edition:

"68. After consideration of documents within 5 (five) working days the financial agency makes the decision on guaranteeing.

In cases of availability of notes to the submitted documents and/or need of submission of additional documents, the financial agency sends to bank the revealed note/request for additional documents for elimination and (or) submission of information within 3 (three) working days. At the same time, the term of consideration of documents stated above for the financial agency is resumed.";

appendix 2 to the specified Rules to be reworded as follows according to appendix 3 to this resolution;

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