THE ORDER OF THE DEPUTY PRIME MINISTER - THE MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of December 8, 2022 No. 470-HK

About modification and amendments in the order of the acting minister of trade and integration of the Republic of Kazakhstan of August 1, 2022 No. 314-HK "About approval of Rules of compensation of part of costs of subjects of industrial and innovative activities for promotion of domestic goods and services of processing industry, and also information and communication services on the foreign markets within the assumed international obligations, the list of domestic goods and services of processing industry, and also information and communication services on which costs on their promotion for the foreign markets are partially compensated"

I ORDER:

1. Bring in the order of the acting minister of trade and integration of the Republic of Kazakhstan of August 1, 2022 No. 314-HK "About approval of Rules of compensation of part of costs of subjects of industrial and innovative activities for promotion of domestic goods and services of processing industry, and also information and communication services on the foreign markets within the assumed international obligations, the list of domestic goods and services of processing industry, and also information and communication services on which costs on their promotion for the foreign markets are partially compensated" (it is registered in the Register of state registration of regulatory legal acts at No. 28994) the following changes and amendments:

in Rules of compensation of part of costs of subjects of industrial and innovative activities for promotion of domestic goods and services of processing industry, and also information and communication services on the foreign markets within the assumed international obligations approved by the specified order:

2, of 3, 4 and 5 to state Items in the following edition:

"2. The basic concepts used in these rules:

1) measures of the state stimulation of the industry – the stimulation measures applied by the state for the purpose of development of processing industry and industrial and innovative activities, performed according to the Law;

2) non-oil export – commodity export of processing industry and services;

3) processing industry – set of industries which are connected with processing of raw materials, materials, substances, components for new product (goods, including food products);

Limiting 4) the amount of compensation of part of costs – compensation amount of part of costs for one applicant which is calculated in accordance with the terms of these rules;

5) industrial output – the goods made as a result of implementation of activities in the field of the industry;

6) the cumulative amount of compensation of part of costs – the maximum permissible amount of compensation of part of costs for one applicant on all to the submitted applications for receipt of compensation of part of costs of subjects of industrial and innovative activities for form according to appendix to these rules in the current financial year;

7) subjects of industrial and innovative activities – physical and (or) legal entities, the particular partnerships realizing the industrial and innovative projects or performing activities for promotion of domestic goods, works and services of processing industry on internal and (or) the foreign markets;

8) 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 within stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of regulation of foreign trade activity.

3. Compensation of part of costs is provided to the subject of industrial and innovative activities performing activities for promotion of domestic goods and services of processing industry on the foreign markets within the assumed international obligations (or to its subsidiary company, the official representative (distributor/trader) selling the made products) or rendering information and communication services (further – the applicant) within the means provided on these purposes by the republican budget for the current financial year.

If the compensation amount of part of costs of subjects of industrial and innovative activities in the current financial year exceeds the means provided on these purposes by the republican budget for the current financial year, these requests are considered according to the procedure of registration priority on the åxport.gov.kz web portal (further – the web portal) and within the means provided on these purposes by the republican budget for the following financial year.

4. Applicants do not use measures of the state stimulation of the industry, fifty and more percent of shares (share in the authorized capital) which directly or indirectly belong to the state, national managing holding, national holding, the national company (except for social business corporation, producers of goods (products) of military and space purpose of the Kazakhstan origin, goods (products) of dual purpose (application) of the Kazakhstan origin, producers of the medicine QazVac, entrepreneurs founded within the agreement on public-private partnership), and also applicants concerning whom the judgments about recognition by their bankrupts, liquidations with initiation of bankruptcy proceedings and application of the rehabilitation procedure took legal effect.

5. Authorized body based on the tripartite and/or quadrilateral agreement signed between authorized body, the Operator on promotion of non-oil export and/or legal entities, fifty and more percent of voting shares (shares in the authorized capital) which directly or indirectly belong to the state, authorized on implementation of measures of the state stimulation of the industry (further – the Operator) and the applicant performs money transfer into accounts of the applicant.";

state Items 7 and 8 in the following edition:

"7. Operator:

1) on annual basis or at the request of authorized body is provided to it by the report on target use of allocated funds;

2) signs the agreement (tripartite and quadrilateral), and also provides return of the money issued to the applicant within compensation of part of costs on promotion of domestic goods and services of processing industry, and also information and communication services for the foreign markets within the assumed international obligations in case of violation of the prisoner's conditions by it with agreement parties;

3) is performed by provision of measures of the state stimulation of the industry within these rules, within the means provided by the republican budget.

8. The applicant submits the application for receipt of compensation of part of costs of subjects of industrial and innovative activities for form according to appendix to these rules (further – the request), and attaches to it documents, information, basic data, calculations, reasons. The request is submitted to the Operator in electronic form through the web portal, makes sure the digital signature of the first head of the applicant or authorized person (in the presence of the supporting document on signing of the request).

The applicant provides the request and documents attached to it in the electronic format "PDF (PortableDocumentFormat)" PDF (Porteybl Document Format).";

state Items 11 and 12 in the following edition:

"11. To the applicant based on the decision of the Operator, documentary confirmed costs specified in subitems 1), 2), 3), 4), 5), Item 6),7) 9, and also in Item 10 of these rules in the following procedure are compensated:

1) to subjects of big business in the amount of 30% of the amount shown to compensation;

2) to subjects of medium business in the amount of 50% of the amount shown to compensation;

3) to small business entities in the amount of 60% of the amount shown to compensation.

Documentary confirmed applicant's costs specified in subitems 8) and 9) of Item 9 of these rules are compensated based on the decision of the Operator, in the following procedure:

1) goods of the upper repartition in the amount of 80% of the amount shown to compensation;

2) goods of average repartition in the amount of 50% of the amount shown to compensation;

3) goods of the lower repartition in the amount of 30% of the amount shown to compensation.

The cost amount compensated to the applicant increases by 5% of the amount of documentary confirmed costs specified in the subitem 9) of Item 9 of these rules in case of involvement of domestic cargo carriers.

The cost amount compensated to the applicant increases by 5% of the amount of documentary confirmed costs specified in the subitem 9) of Item 9 of these rules when transporting goods through seaports of the Republic of Kazakhstan.

12. Compensation of part of costs, by the types specified in Items 9 and 10 of these rules is performed without indirect taxes (the value added tax and excises) of the Republic of Kazakhstan.

The cumulative amount of compensation of part of costs by the types specified in subitems 1), 2), 3), 4), 5), 6), 7) 8) Item 9 and Item 10 of these rules constitutes 13 000 (thirteen thousand) monthly settlement indicators (further – MRP) on one applicant in the current financial year.

The extreme amount of compensation of part of costs by the form, specified in subitems 8), 9) Item 9 of these rules, except for requests in which applicant is the legal entity realizing the investment project (the investment priority project and (or) the special investment project) constitutes:

1) goods of the upper repartition in the amount of 80% of the amount of the paid taxes without indirect taxes (the value added tax and excises) in year, prior year of application;

2) goods of average repartition in the amount of 50% of the amount of the paid taxes without indirect taxes (the value added tax and excises) in year, prior year of application;

3) goods of the lower repartition in the amount of 30% of the amount of the paid taxes without indirect taxes (the value added tax and excises) in year, prior year of application.

The extreme amount of compensation of part of costs by the form, specified in the subitem 9) of Item 9 of these rules according to requests in which applicant is the official representative (distributor)/trader / subsidiary company, constitutes:

1) goods of the upper repartition in the amount of 80% of the amount of the paid taxes without indirect taxes (the value added tax and excises) jointly the applicant and the producer in year, prior year of application;

2) goods of average repartition in the amount of 50% of the amount of the paid taxes without indirect taxes (the value added tax and excises) jointly the applicant and the producer in year, prior year of application;

3) goods of the lower repartition in the amount of 30% of the amount of the paid taxes without indirect taxes (the value added tax and excises) jointly the applicant and the producer in year, prior year of application.

At the same time applications are submitted only by one applicant (one/one subsidiary company, the official representative (distributor/trader) the current financial year.

The cumulative size of part of costs by the form, specified in the subitem 9) of Item 9 of these rules, constitutes 75 000 (seventy five thousand) MRP on one domestic manufacturer (regardless of the number of the submitted applications subsidiary companies and official representations (distributors) of the applicant selling the made products) in the current financial year, except for the applicants who signed the Agreement on industrial assembly of vehicles with legal entities of the Republic of Kazakhstan approved by the order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of May 30, 2022 No. 303 (it is registered in the Register of state registration of regulatory legal acts at No. 28283) (further - the Agreement on industrial assembly of vehicles), the Agreement on industrial assembly of agricultural machinery with legal entities of the Republic of Kazakhstan, approved by the order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of May 27, 2022 No. 293 (it is registered in the Register of state registration of regulatory legal acts at No. 28261) (further - the Agreement on industrial assembly of agricultural machinery), the Agreement on industrial assembly of components to vehicles and (or) agricultural machinery with legal entities of the Republic of Kazakhstan approved by the order of the acting minister of power industry of the Republic of Kazakhstan of May 30, 2022 No. 304 (it is registered in the Register of state registration of regulatory legal acts at No. 28282) (further - the Agreement on industrial assembly of components to vehicles and (or) agricultural machinery).

Compensation of part of costs, on delivery goods is made by own motor transport from calculation of 0,04 MRP on 1 (one) kilometer of run. Calculation of distance is estimated from open sources, the Internet of the resources from the unloading point of load and the shipping place of load specified in the international commodity-transport delivery note.

If the applicant incurred costs on transportation during which several modes of transport were used, then part of costs on each mode of transport will be compensated in accordance with the terms of this Item.";

state Item 15 in the following edition:

"15. Requirements to applicants, the commitment form and the list of the documents and materials attached to it are placed on Internet resource of the Operator and/or the web portal.

In case of the technical defects on the web portal excluding possibility of submission of requests, the Operator prolongs order taking for the period of elimination of technical defects and reports to applicants about need to repeatedly submit applications.";

1) of Item 17 to state the subitem in the following edition:

"1) the copy of the certificate of origin in the form of CT-KZ, either the declaration of conformity, or the industrial certificate existing for the compensated period or the certificate of origin (in the form of CT-1, CT-2, of CT-3, of EAV, And, the Original, the certificate of origin of batch production) under the delivery agreement and the conclusions of the authorized person about registration or about refusal in execution of the appropriate certificate about goods origin exported from the Republic of Kazakhstan;";

state Items 21 and 22 in the following edition:

"21. The operator within 15 (fifteen) working days after acceptance and registration of requests considers them on completeness and compliance to requirements of these rules and prepares the summary of the request. The summary of the request for receipt of compensation of part affirms the order of the first head of the Operator.

The Operator receives data on state registration, re-registration of the legal entity, category of the subject of entrepreneurship, on lack (availability) of debt of the applicant from the corresponding state information systems at stage of consideration of the request for compliance to requirements of these rules.

In case of absence in the state information systems of necessary data, and also for confirmation of the incured costs, the Operator requests, supporting documents from the applicant and the relevant state bodies.

In case of the direction the period of consideration of the request is prolonged by the Operator of request in the relevant state bodies until receipt of the reply of the relevant state body (with the written notice of the applicant), no more than for 30 (thirty) calendar days.

22. In case of incompleteness and discrepancy of the request and the submitted documents to requirements of these rules, and also violations by the applicant of obligations on the prisoner to agreements/agreements, the Operator within 15 (fifteen) working days directs the corresponding notes to the applicant by means of the web portal, and also to e-mail of the applicant.

In case of incompleteness and discrepancy of again submitted documents to requirements of these rules, the Operator within 30 (thirty) working days directs by means of the web portal, and also to e-mail of the applicant the renewed notification.";

state Item 25 in the following edition:

"25. The operator within 7 (seven) working days from the date of decision making about possibility of compensation of part of costs, concludes with the applicant (producer) and authorized body the tripartite agreement.

The operator within 7 (seven) working days from the date of decision making about possibility of compensation of part of costs, concludes with the applicant (the official representative (distributor)/trader / subsidiary company), producer and authorized body the quadrilateral agreement.

In case of refusal of signature or not agreement signatures (bilateral or tripartite) the applicant (producer) and (or) the applicant (the official representative (distributor)/trader / subsidiary company) during the specified term, the Operator compensation of part of costs to the applicant is not made.";

state Items 27 and 28 in the following edition:

"27. For determination of efficiency of the measures of the state stimulation of the industry provided by these rules, the Operator within 3 (three) years from the date of agreement signature carries out monitoring of their realization based on the data obtained from the state information systems, and/or information provided by the applicant who includes:

1) preparation of the research opinion on identification of problems in implementation of measures of the state stimulation of the industry;

2) the code of information on achievement of indicators of the counter obligations of the applicant which got the state support within these rules.

28. In case of compensation of part of costs of subjects of industrial and innovative activities for promotion of domestic goods and services of processing industry, and also information and communication services on the foreign markets within the assumed international obligations applicants, within the prisoner agreement parties, assume counter obligations, the stipulated in Article 27 Laws.

In case of failure to carry out of counter obligations by applicants the money received by them within compensation of part of costs of subjects of industrial and innovative activities for promotion of domestic goods and services of processing industry, and also information and communication services on the foreign markets within the assumed international obligations is subject to return taking into account the reached level of execution of counter obligations and base rate of National Bank of the Republic of Kazakhstan according to the procedure, the provided Rules by determination and application of counter obligations when rendering measures of the state stimulation of the industry approved by the order of the acting minister of the industry and infrastructure development of the Republic of Kazakhstan of May 27, 2022 No. 298 (it is registered in the Register of state registration of regulatory legal acts at No. 28281).";

the list of domestic goods and services of processing industry according to which costs on their promotion for the foreign markets are partially compensated, approved by the specified order:

add in the lines, sequence numbers 3809-4949, of the following content:

"

3809	020110	KRS meat, is fresher or cooled: stew half carcasses	lower
3810	020120	Other juncture of KRS not rolled, fresh or cooled	lower
3811	020130	KRS meat is fresher or cooled, rolled	lower
3812	020210	Hulks and KRS half carcasses, frozen	lower
3813	020220	Other juncture of KRS not rolled, frozen	lower
3814	020230	Other juncture of KRS, rolled, frozen	lower
3815	020311	Hulks and half carcasses of pigs fresh or cooled	lower
3816	020312	Pork gammons, shovels and juncture from them not rolled, fresh or cooled	lower
3817	020319	Pork other fresh or cooled	lower
3818	020321	Pork hulks and half carcasses frozen	lower
3819	020322	The pork gammons, shovels and juncture from them which are not rolled, frozen	lower
3820	020329	Pork frozen other	lower
3821	020410	Hulks and half carcasses of eanlings fresh or cooled	lower
3822	020421	Hulks and half carcasses of mutton fresh or cooled	lower
3823	020422	Other juncture mutton cooled or fresh, not rolled	lower
3824	020423	The other mutton rolled, fresh or cooled	lower
3825	020430	Hulks and half carcasses of eanlings, frozen	lower
3826	020441	Hulks and half carcasses of mutton, frozen	lower
3827	020442	Other juncture mutton not rolled, frozen	lower
3828	020443	Other juncture mutton frozen, rolled	lower

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