ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of November 19, 2021 No. 336

About modification and amendments in the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of October 26, 2018 No. 436 "About approval of Rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment"

I ORDER:

1. Bring in the order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of October 26, 2018 No. 436 "About approval of Rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment" (it is registered in the Register of state registration of regulatory legal acts No. 17741) the following changes and amendments:

state preamble in the following edition:

"According to the subitem 41) of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About state regulation of development of agro-industrial complex and the rural territories", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" I ORDER:";

in Rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of the farm animals, the equipment and processing equipment approved by the specified order:

state Item 1 in the following edition:

"1. These rules of subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment (further - Rules) are developed according to the subitem 41) of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About state regulation of development of agro-industrial complex and the rural territories", the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law on the state services) and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and determine procedure for subsidizing of rates of remuneration when crediting subjects of agro-industrial complex, and also leasing for acquisition of farm animals, the equipment and processing equipment for the account and within the means provided in the budget for the corresponding financial year.

Unpaid obligations of previous year are paid for the account of means of the current year, on condition of availability in the budget of means, free from obligations.";

8) of Item 3 to state the subitem in the following edition:

"8) the borrower (uslugopoluchatel) - physical person or legal entity, the individual entrepreneur (including peasant farm) who is performing activities in agro-industrial complex and signed the loan agreement with financial institution;";

state Item 5 in the following edition:

"5. Subsidizing of rate of remuneration according to the loan agreements issued by financial institutions within the mechanism of the crediting and financial leasing of priority projects approved by 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" (further - the Mechanism of crediting and financial leasing of priority projects) is performed:

1) on the investment purposes with decrease in rates of reward by 10 (ten) % per annum of tenge, at the same time the term of subsidizing constitutes no more than 10 (ten) years without the prolongation right;

2) on replenishment of current assets with decrease in rates of reward by 9 (nine) % per annum of tenge, at the same time the term of subsidizing constitutes no more than 3 (three) years without the prolongation right;

3) on carrying out spring and field and (or) harvest works with decrease in rates of reward by 9 (nine) % per annum of tenge, at the same time term of subsidizing is constituted by no more than 1 (one) year without the prolongation right.

Action of the subitem 2) of this Item extends to the relations which arose since January 1, 2019.

Within this Item the current agreements of loan issued by financial institutions according to the inventory for crediting and financial leasing on the priority projects specified in the Section food products according to appendix to the Mechanism of crediting and financial leasing of priority projects are subject to subsidizing.

Within this Item subsidizing of rates of remuneration of syndicated loans of banks of the second level and Development bank of Kazakhstan is also allowed.";

add with Item 5-1 of the following content:

"5-1. Subsidizing of rates of remuneration according to the loan agreements issued by financial institutions within the Road map of employment for 2020 - 2021 is performed:

1) on the loans issued by Development bank of Kazakhstan:

on the investment purposes with decrease in rates of reward by 5 (five) % per annum of tenge, at the same time the term of subsidizing constitutes no more than 10 (ten) years without the prolongation right;

on replenishment of current assets with decrease in rates of reward by 5 (five) % per annum of tenge, at the same time the term of subsidizing constitutes no more than 3 (three) years without the prolongation right;

2) on the loans issued by Agrarian Credit Corporation joint-stock company:

on the investment purposes with decrease in rates of remuneration on 5,5 (five whole five tenth) the % per annum in tenge, at the same time term of subsidizing makes no more than 10 (ten) years without the prolongation right;

on replenishment of current assets with decrease in rates of remuneration on 5, ((five whole five tenth) the % per annum in tenge, at the same time term of subsidizing makes no more than 3 (three) years without the prolongation right.";

7, 8 and 9 to state Items in the following edition:

"7. The agreement of subsidizing signed to the introduction of these rules in force continues to be subsidized on the conditions specified in the agreement of subsidizing, except as specified, provided by Item part two 5, part four of Item 9 and part three of Item 12 of these rules.

Transfer of paper agreements of subsidizing in electronic format and their registration in information system of subsidizing is performed by financial institution.

8. The loan agreements existing for date of submission of the offer and concluded not earlier than 4 (four) years before submission of the offer are subject to subsidizing.

The loan agreement according to which the decision on the subsidizing termination was made is allowed to repeated participation in the program no more than 1 (one) time.

According to the loan agreements which are repeatedly participating in the program, subsidizing is recovered on the former conditions specified in earlier cancelled agreement of subsidizing, regarding standard rates, subsidizing terms, without increase in earlier approved amount of subsidies from decision date by working body (service provider) about approval of the offer, except as specified, provided by Item part two 5, part four of Item 9 and part three of Item 12 of these rules.

9. Subsidizing according to the loan agreement is performed for all term of its action.

According to the loan agreements existing for date of submission of the offer and the prisoner not earlier than 4 (four) years before submission of the offer, charge of subsidy is performed since January 1 year in which the offer was provided.

According to the loan agreements signed in year of submission of the offer on subsidizing, charge of subsidy is performed from the moment of issuance of credit or transfer of subject of leasing.

According to the loan agreements approved by working body (service provider) in 2019 and also according to the loan agreements signed in 2019 and approved by working body (service provider) in 2020, financial institutions and working body (service provider) perform recalculation of amounts of subsidies regarding charge of subsidy since January 1, 2019.

The obligations which resulted from implementation of recalculation of amounts of subsidies regarding charge of subsidy since January 1, 2019 in the corresponding year are performed by the conclusion of the supplementary agreement to the agreement of subsidizing, and treats obligations of the corresponding year.

According to the loan agreements approved by working body (service provider) in 2021, financial institutions and working body (service provider) perform recalculation of amounts of subsidies regarding charge of subsidy since January 1, 2021 or from the moment of issuance of credit or transfer of subject of leasing.

The obligations which resulted from implementation of recalculation of amounts of subsidies regarding charge of subsidy since January 1, 2021 in the corresponding year are performed by the conclusion of the supplementary agreement to the agreement of subsidizing, and treats obligations of the corresponding year.

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