I.O'S ORDER. MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of February 28, 2023 No. 77

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:

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

in Item 3:

subitems 7) to state 8) and 9) in the following edition:

"7) financial institutions – the Development bank of Kazakhstan, banks of the second level, foreign and international financial institutions performing banking activities through the Kazakhstan financial institutions, credit institutions having licenses for the right of banking operations, and also leasing companies and credit partnerships in the field of agro-industrial complex;

8) the borrower (uslugopoluchatel) – physical person or legal entity, the individual entrepreneur (including peasant farm) who signed the loan agreement with financial institution and performing activities according to the inventory for crediting and financial leasing on priority projects in the field of production and (or) conversion of agricultural products according to appendix 1 to these rules;

9) the loan agreement – the agreement signed between financial institution and the borrower (uslugopoluchatel) under the terms of which the financial institution provides credit/leasing, and also the agreement signed on the principles of Islamic financing;";

15) to state the subitem in the following edition:

"15) remuneration rate – the payment which is due to financial institution for use of loan in percentage expression including the return rate paid by the borrower (uslugopoluchatel) for the loan agreement, the Islamic financing concluded on the principles;";

17) to state the subitem in the following edition:

"17) the offer – common offering of the borrower and financial institution on the conclusion of the agreement of subsidizing signed on paper, or in electronic form with the digital signature in form according to appendix 1-1 to these rules;";

4, 5 and 5-1 to state Items in the following edition:

"4. Subsidizing is performed according to loan agreements:

1) on acquisition of agricultural machinery, including the hinged and trailing equipment, and also on acquisition of farm animals, on the investment purposes (except for automobile road transport and passenger transport), construction (except for loans on acquisition of fixed assets on production of flour, mineral waters and soft drinks);

2) on replenishment of the current assets necessary for production cycle of production process;

3) on the loans issued on carrying out spring and field and harvest works.

According to the loan agreements specified in subitems 1), 2) and 3) to part one of this Item, subsidizing is performed no more nominal rate of remuneration calculated as total expression of base rate of National Bank of the Republic of Kazakhstan plus 7,5 (seven whole five tenth) percent (further – %) annual in tenge.

By consideration of the offer the base rate of National Bank of the Republic of Kazakhstan operating at the time of the conclusion of the loan agreement is applied.

According to the loan agreements specified in subitems 1), 2) and 3) to part one of this Item, and concluded since January 25, 2022 by the borrower 6 (six) % of nominal rate of remuneration are paid, from the government budget the rest of nominal rate of remuneration received as a result of difference between the amount of base rate of National Bank of the Republic of Kazakhstan plus 7,5 (seven whole five tenth) % per annum and 6 (six) % paid by the borrower in tenge is subsidized.

According to the loan agreements specified in subitems 1), 2) and 3) of this Item, and concluded till January 25, 2022 with nominal rate of remuneration no more than 17 (seventeen) % per annum in tenge decrease in rates of remuneration is provided:

1) on acquisition of agricultural machinery, including the hinged and trailing equipment, and also on acquisition of farm animals, on the investment purposes (except for automobile road transport and passenger transport), construction (except for loans on acquisition of fixed assets on production of flour, mineral waters and soft drinks) according to the following standard rates, the remunerations providing decrease in rates:

for 10 (ten) percent (further – %) annual in tenge;

2) on replenishment of the current assets necessary for production cycle of production process decrease in rates of remuneration is provided:

on 7 (seven) % per annum in tenge;

3) on the loans issued on carrying out spring and field and harvest works decrease in rates of remuneration is provided:

on 9 (nine) % per annum in tenge.

According to the current agreements of subsidizing signed till December 4, 2021 within the loan agreements issued in Russian rubles and other currency decrease in rate of remuneration lower than 4 (four) % per annum in Russian rubles is not allowed, it is lower than 3 (three) % per annum in other currency.

5. Subsidizing of rate of remuneration according to the loan agreements signed till July 26, 2022 and 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;

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