I.O'S ORDER. MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of May 25, 2023 No. 186-HK

About introduction of amendments to the order of the Deputy prime minister – the Minister of Trade and integration of the Republic of Kazakhstan of September 30, 2022 No. 389-HK "About approval of Rules of subsidizing of rate of remuneration on the issued credits and the made leasing transactions banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export, taking into account the assumed international obligations, the list of domestic high-technology goods and services of processing industry for the purposes of subsidizing of rate of remuneration on the issued credits and the made leasing transactions by banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export"

I ORDER:

1. Bring in the order of the Deputy prime minister – the Minister of Trade and integration of the Republic of Kazakhstan of September 30, 2022 No. 389-HK "About approval of Rules of subsidizing of rate of remuneration on the issued credits and the made leasing transactions by banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export, taking into account the assumed international obligations, the list of domestic high-technology goods and services of processing industry for the purposes of subsidizing of rate of remuneration on the issued credits and the made leasing transactions by banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export" (it is registered in the Register of state registration of regulatory legal acts at No. 29930) the following changes:

Rules of subsidizing of rate of remuneration on the issued credits and the made leasing transactions by banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export taking into account the assumed international obligations, approved by the specified order to be reworded as follows according to appendix 1 to this order;

to be reworded as follows the list of domestic high-technology goods and services of processing industry for the purposes of subsidizing of rate of remuneration on the issued credits and the made leasing transactions banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export approved by the specified order according to appendix 2 to this order.

2. To provide to department of promotion of export of the Ministry of Trade and integration 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) placement of this order on Internet resource of the Ministry of Trade and integration of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.

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

It is approved Agency on protection and development of the competition of the Republic of Kazakhstan

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

It is approved Ministry of Finance of the Republic of Kazakhstan

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

 

Appendix 1

to the Order of the deputy. The Minister of Trade and integration of the Republic of Kazakhstan of May 25, 2023 No. 186-HK

Appendix 1

to the Order of the Deputy prime minister – the Minister of Trade and integration of the Republic of Kazakhstan of September 30, 2022 No. 389-HK

Rules of subsidizing of rate of remuneration on the issued credits and the made leasing transactions banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export, taking into account the assumed international obligations

Chapter 1. General provisions

1. These rules of subsidizing of rate of remuneration on the issued credits and the made leasing transactions by banks of the second level, Development bank of Kazakhstan, by other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export taking into account the assumed international obligations (further – Rules) are developed according to the subitem 6) of article 10 of the Law of the Republic of Kazakhstan "About industrial policy" (further – the Law) and determine procedure for subsidizing of rate of remuneration by the issued credits and the made leasing transactions by banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry which are subject to insurance from the single operator on promotion of non-oil export, taking into account the assumed international obligations.

2. In these rules the following determinations and concepts are used:

1) bank - the payment agent - the authorized bank of leasing company performing function on account management of leasing company intended for transfer and write-off of subsidies;

2) the creditor – the bank of the second level of the Republic of Kazakhstan or Development bank of Kazakhstan granting loan within implementation of these rules;

3) the credit agreement – the bilateral written agreement signed between the creditor and the borrower under the terms of whom the loan for acquisition of high-technology goods and services of processing industry, including in the SWIFT message format is granted;

4) the borrower – the foreign legal entity (including foreign bank / foreign leasing company) who received financing for acquisition of high-technology goods and services of processing industry within implementation of these rules;

5) the agreement of financial leasing – the bilateral written agreement signed between leasing company and the leasing recipient under the terms of whom the leasing company provides to the leasing recipient leasing subject;

6) the leasing recipient – the foreign legal entity receiving leasing within implementation of these rules;

7) leasing company – the legal entity, the resident of the Republic of Kazakhstan providing leasing within implementation of these rules;

8) the applicant – the foreign legal entity (including foreign bank / foreign leasing company) who addressed for receipt of the credit / financial leasing for acquisition of high-technology goods and services of processing industry;

9) the insurance contract – the bilateral written agreement signed between the creditor / leasing company and the single operator on promotion of non-oil export about voluntary insurance of loan / financial leasing (insurer) for acquisition of high-technology goods and services of processing industry;

10) the insurer - the single operator on promotion of non-oil export performing activities within implementation of these rules;

11) the agreement of subsidizing – the quadrilateral written agreement signed between the financial agent, the creditor / leasing company, the borrower/leasing recipient and the exporter under the terms of which the financial agent partially subsidizes remuneration rate on the credit/leasing of the borrower/leasing recipient issued by the creditor / leasing company in the form approved by authorized body of the financial agent in coordination with authorized body in the field of regulation of foreign trade activity;

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) foreign bank / foreign leasing company – the financial nonresident organization of the Republic of Kazakhstan, the credit agreement / agreement of financial leasing concluding with the creditor / leasing company for the subsequent financing of the borrower for acquisition of high-technology goods and services of processing industry;

14) the exporter – the legal person / the individual entrepreneur of the Republic of Kazakhstan which signed the export contract of goods and (or) services or their exporting foreign legal entity;

15) the export contract – the bilateral written agreement signed between the exporter and the foreign buyer, directed to commodity export and (or) services;

16) CIRR (Commercial Interest Reference Rate) (Komershl интерест референс рэйт) (further – CIRR) – the minimum level of the interest rates applied within official financial supports of export loans by foreign currencies of the main countries of Organization for Economic Cooperation and Development, which information source Internet resource of Organization for Economic Cooperation and Development;

17) MM Index (Money Market Index) (Manya Market the Index) (further - MM Index) - the indicator of the money market which represents the value of interest rates (profitability), weighted average through amount of transactions, on transactions of currency swap of USD/KZT and to transactions of automatic repo with securities which source of information is the Internet resource of the Kazakhstan stock exchange of KASE;

18) RUONIA (Ruble Over Night Index Average) (Ruble overnight index аверейдж) (further – RUONIA) – the indicator representing weighted average interest rate on which credit institutions from the RUONIA list make among themselves transactions of unsecured rouble crediting on conditions overnight which source of information is the Internet resource of the Central Bank of the Russian Federation;

19) SWIFT message (Swift the message) - the international interbank system of information transfer and making payments.

3. Subsidizing of rate of remuneration on the issued credits and the made leasing transactions by banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export taking into account the assumed international obligations (further – subsidizing) is performed within realization of the tasks determined in the Concept of development of processing industry of the Republic of Kazakhstan for 2023-2029 approved by the order of the Government of the Republic of Kazakhstan of December 20, 2018 No. 846, and also in the National project "The Sustained Economic Growth Directed to Growth in Prosperity of Kazakhstan Citizens" approved by the order of the Government of the Republic of Kazakhstan of October 12, 2021 No. 730.

Chapter 2. Procedure for subsidizing of rate of remuneration on the issued credits and the made leasing transactions banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export, taking into account the assumed international obligations

4. Subsidizing is performed for benefit of creditors / the leasing companies performing financing of foreign buyers of domestic high-technology goods and services of processing industry, included in the list of domestic high-technology goods and services of processing industry for the purposes of subsidizing of rate of remuneration on the issued credits and the made leasing transactions by banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export according to appendix 2 to this order.

5. The maximum term of subsidizing constitutes no more than the term of the credit / the leasing transaction, but no more than 15 (fifteen) years.

6. Subsidizing is performed by the financial agent determined by the Government of the Republic of Kazakhstan according to Item 2 of article 38 of the Law (further – the financial agent), for all term of the credit / the leasing transaction in national currency.

7. Subsidizing is performed on the credits / to leasing transactions with the nominal rate of remuneration which is not exceeding:

1) 300 (three hundred) % of value of indicative commercial interest rate (CIRR) of the corresponding currency and term – on the credits / to leasing transactions in dollars of the United States of America (further – the USA) or euro;

2) 150 (hundred fifty) % of the RUONIA level for 6 (six) months – on the credits / to leasing transactions in Russian rubles;

3) 150 (hundred fifty) % of the MM Index level – on the credits / to leasing transactions in tenge.

In case of remuneration limiting calculation of rate, CIRR/RUONIA rate for 6 (six) months / MM Index operating at the time of the decision of the creditor / leasing company on the credit / to the leasing transaction is considered.

8. The size of subsidy depends on financing currency, at the same time is established as difference between nominal rate of remuneration of the creditor / leasing company and:

1) CIRR for signature date of the agreement of the subsidizing constituted according to the Civil code of the Republic of Kazakhstan if the credit / the leasing transaction are nominated in US dollars or euro;

2) half of key interest rate of the Central Bank of the Russian Federation for signature date of the agreement of subsidizing if the credit / the leasing transaction are nominated in Russian rubles;

3) half of base rate of National Bank of the Republic of Kazakhstan for signature date of the agreement of subsidizing if the credit / the leasing transaction are nominated in tenge.

9. Part of the rate of remuneration which is not subject to subsidizing is paid by the borrower/leasing recipient.

10. During the calculating of remuneration for the credit / to the leasing transaction the accrual bases of percent from among days in year/month applied by the creditor / leasing company during the calculating of the amount of remuneration for the provided credit / to the leasing transaction are used.

11. Subsidizing stops after fixed term in the agreement of subsidizing or in the cases provided in Item 35 of these rules.

12. By provision by the creditor / leasing company of delay and increase in term of the credit / the leasing transaction on the granted delay to the borrower/leasing recipient on payment of rate of remuneration under the credit agreement / agreement of financial leasing, the term of subsidizing is prolonged with the consent of the financial agent for the term of the granted delay, but no more than the term specified in Item 5 of these rules.

13. The creditor / the leasing company and the insurer carry out assessment of solvency of the borrower/leasing recipient.

14. In case of adoption of the positive decision on provision of the credit / financial leasing the creditor / the leasing company within 3 (three) working days from decision date sends to the financial agent the petition for provision of subsidy signed by the digital signature of the authorized person of the creditor / leasing company on electronic document management system according to article 10 of the Law of the Republic of Kazakhstan "About the electronic document and the digital signature" (further - electronic document management system) with appendix of the electronic (scanned) copies of the following documents:

1) the statement questionnaire on receipt of subsidy in form according to appendix to these rules;

2) the statement on voluntary insurance of loan / financial leasing;

3) the questionnaire of the borrower/leasing recipient in the creditor's form / leasing company;

4) letters of the creditor / leasing company about provision of financing with indication of data on the borrower/leasing recipient and the letter of the insurer on possibility of the conclusion of the insurance contract. At the same time, the decision of authorized body of the insurer is issued on establishment of general limit on the borrower/leasing recipient within whom insurance protection will be provided;

5) the export contract and documents of the exporter confirming the status and activities/field of activity of the subject of the private entrepreneurship occupied in processing industry (the certificate of state registration (re-registration) of the legal entity);

6) the decision of the creditor / leasing company about provision of the credit / financial leasing;

7) the copy of the credit agreement / agreement of financial leasing (in the presence) between the creditor / leasing company and the borrower/leasing recipient;

8) the consent of the borrower/leasing recipient on:

provision by the financial agent to the interested third parties of information and the documents received within the agreement of subsidizing, including bank and trade secret without prior written consents of the borrower/leasing recipient;

publication by the financial agent in mass media of the name of the borrower, the name of the region in which the project, names and project descriptions of the borrower, and also industry is implemented;

9) the consent of the exporter on:

provision by the financial agent to the interested third parties of information and the documents received within the agreement of subsidizing, including bank and trade secret without prior written consents of the exporter;

publication by the financial agent in mass media of the name of the exporter, the name of the region in which the project, names and project descriptions of the exporter, and also industry is implemented;

10) the document certifying that the borrower is legal entity by the legislation of foreign state, with notarially attested transfer into the Kazakh and Russian languages.

15. In the cases of representation of incomplete document package or documents which are not corresponding to the established forms, the financial agent within 1 (one) working day returns to the creditor / leasing company the submitted documents with indication of specific shortcomings according to the submitted documents for completion. At the same time, aggregate term of consideration of the application stops and renews from the date of receipt of complete document package.

16. In case of adoption of the positive decision by authorized body of the creditor / leasing company about provision of the credit / financial leasing, and also the positive decision by authorized body of the insurer on provision of insurance on this credit / to financial leasing, the financial agent within 5 (five) working days from the date of receipt of the statement with the enclosed documents specified in Item 14 of these rules considers and makes the decision.

17. The financial agent within 1 (one) working day from decision date sends to the creditor / leasing company the written notice of the made decision, consent or refusal in subsidizing provision (with the simultaneous direction of the electronic copy of this e-mail notification).

18. The decision of the financial agent following the results of consideration of the petition of the creditor / leasing company about provision of subsidizing is drawn up by the protocol with effective period of 6 (six) months from decision date in which the term of provision of subsidizing and transaction currency are specified.

19. After receipt of the positive decision of the financial agent, the creditor / the leasing company signs the credit agreement / agreement of financial leasing with the borrower/leasing recipient.

20. The creditor / leasing company after the conclusion of the credit agreement / agreement of financial leasing within 5 (five) working days creates the agreement of subsidizing and sends to the financial agent with appendix of the electronic copy of the signed credit agreement / agreement of financial leasing / authenticated SWIFT message with the payment schedule electronically on electronic document management system.

If the creditor / leasing company out of time creates the agreement of subsidizing in the terms established by this Item the creditor / leasing company notify the financial agent by the official letter with explanation of the reasons of delay.

21. The financial agent considers the agreement of subsidizing within 3 (three) working days from the moment of its obtaining from the creditor / leasing company.

If conditions of the credit agreement / agreement of financial leasing and/or the agreement of subsidizing do not correspond to the made decision of authorized body of the financial agent, conditions of these rules, the financial agent does not sign the agreement of subsidizing. At the same time the financial agent within 1 (one) working day notifies on it the creditor / leasing company, the borrower/leasing recipient and the exporter. In case of elimination by the creditor / leasing company of notes, the financial agent signs the agreement of subsidizing.

In case of the creditor's disagreement / leasing company with notes of the financial agent, the financial agent submits the matter for consideration of authorized body of the financial agent for acceptance of the final decision.

22. The agreement of subsidizing becomes effective from the date of signing by his borrower / leasing recipient, creditor / leasing company, the exporter and the financial agent. At the same time the beginning of term of subsidizing is established in the agreement of subsidizing no more than in 30 (thirty) calendar days prior to day of agreement signature of subsidizing, but not earlier than day of decision making of the financial agent.

23. The means intended for subsidizing are listed for the account of means of the republican budget by authorized body to the financial agent into the account of the financial agent opened in territorial subdivision of treasury on the basis of the contract for money transfer signed between them. At the same time the first payment is listed to the financial agent in the amount of 50 (fifty) % of the amount of the means provided in the corresponding financial year.

The subsequent payments are made in compliance by requests of the financial agent according to requirement on undertaken obligations for the current financial year.

24. The creditor opens for the financial agent accounts in national and foreign currency for transfer of the amounts of subsidies under the signed agreements of subsidizing.

The leasing companies which do not have the right of opening and maintaining business bank accounts in coordination with the financial agent determine bank - the payment agent in whom the leasing company will open the account for transfer of subsidies.

25. After agreement signature of subsidizing with the creditor / leasing company the financial agent transfers subsidies in tenge into the account in national currency for the financial year corresponding according to the schedule of subsidizing using the means received by the financial agent from authorized body according to Item 23 of these rules.

For the purpose of prevention of the risks connected with exchange rate fluctuations in the market, the financial agent makes converting of the amount within the schedule of the agreement of subsidizing for financial year in foreign currency of the credit / the leasing transaction on the currency exchange rate established by the corresponding creditor / банком-платежным the agent on the date of carrying out converting. Means in foreign currency are subject to transfer into the currency account of the financial agent.

In case of positive exchange difference, the financial agent performs return of these amounts of subsidies for the account opened in territorial subdivision of treasury, and in case of negative exchange difference – compensation is assigned to the borrower/leasing recipient.

26. Subsidies are paid in the presence of means from authorized body. In case of lack of means from the budget for subsidizing from authorized body, the agreement of subsidizing is not signed. The authorized body of the financial agent considers projects only in case of availability of budgetary funds for subsidizing in the corresponding financial year.

27. After money transfer the financial agent notifies the creditor / leasing company with provision of the copy of the document on money transfer.

In the notification the name of the creditor/, the region, the name of the borrower/leasing recipient, the amount of subsidies and the period for which payment is performed are specified to leasing company.

28. Money transfer, provided for subsidizing, in case of approach of one or several cases of deterioration in financial condition of the creditor / банка-платежного the agent:

1) in case of lowering of the credit rating is lower than the level "B" on scale of the international rating agencies Standard and Poors (The standard энд of Purs) or scores of similar level assigned to one of the following rating agencies: Moody "s Investors Service (Moudis Investors Service), Fitch (Fitch);

2) in case of decrease in value of coefficient of K4 is lower than the 0,4 level;

3) in case of violation of prudential standard rates within 2 (two) consecutive months,

it is performed by the financial agent based on the notification of the creditor / leasing company about the fact of carrying out complete payment by the borrower/leasing recipient on credit/leasing (principal debt, the subsidized and not subsidized parts of remuneration) or the payments covering the forthcoming obligations of the borrower/leasing recipient by subsidized part of remuneration for the short-term period proceeding from schedules of subsidizing.

The leasing company notifies the financial agent on deterioration in financial condition of bank - the payment agent within 10 (ten) working days from the date of emergence of one or several of the above-stated cases.

In case of correction at the creditor / банка-платежного the agent of the indicators stated above transfer by the financial agent of the means provided for subsidizing is performed according to Item 25 of these rules.

29. Upon carrying out the next payment by the borrower/leasing recipient of complete payment on the credit / to the leasing transaction (principal debt and not subsidized part of rate of remuneration) the creditor / leasing company according to the schedule of the agreement of subsidizing perform write-off of money from the corresponding account of the financial agent on account of repayment of subsidized part of rate of remuneration on the credit / to the leasing transaction.

30. The funds allocated for subsidizing within these rules and not used by the financial agent in the current financial year are subject to use in the following financial year on the purpose of subsidizing of the following financial year.

31. The creditor / leasing company in case of the conclusion of the supplementary agreement to the credit contract / agreement of financial leasing with the borrower within 5 (five) working days from the date of its conclusion sends to the financial agent and the insurer its electronic copy.

32. Change of conditions of the credit agreement / agreement of financial leasing, regarding rate of remuneration, provision to the borrower / leasing recipient of delay on payment of the payments, transfer of debt and conditions connected with subsidizing conditions is performed by the creditor / leasing company in case of the consent of the financial agent and insurer, except as specified early repayment.

33. In case of carrying out by the creditor / leasing company of restructuring or change of the main financing terms, including according to the debt repayment schedule of the borrower on the credits / to leasing transactions, in the presence of the positive decision of the financial agent, subsidizing continues after signing of the supplementary agreement to the agreement of subsidizing. At the same time the term of subsidizing is prolonged in case of increase in term of financing, but no more than the term specified in Item 5 of these rules.

34. The change of conditions on the credit / to the leasing transaction which is not connected with the amount of the lamenting remuneration under the credit agreement / agreement of leasing and/or subsidizing conditions are performed by the creditor / leasing company independently on condition of the subsequent notification of the financial agent and the insurer no later than 10 (ten) working days from the date of the conclusion of the supplementary agreement to the credit agreement / agreement of financial leasing in time.

35. The bases for the termination of subsidizing of rate of remuneration are:

1) complete repayment by the borrower/leasing recipient of debt on the credit agreement / agreement of financial leasing. At the same time, date of the termination of subsidizing of rate of remuneration repayment date of debt is recognized;

2) the decision of the financial agent on the termination of subsidizing of rate of remuneration of the borrower/leasing recipient on condition of violation of the conditions specified in the agreement of subsidizing;

3) agreement cancelation of subsidizing at the initiative of the creditor / leasing company;

4) inappropriate use of the credits / leasing transactions (lack of the fact of payment and delivery of goods/receipt of service);

5) non-execution by the borrower within 3 (three) months in a row of obligations on payment of payments to the creditor according to the schedule of the agreement of subsidizing, except as specified, arisen during action of extraordinary provision / situation;

6) non-execution by the leasing recipient 2 (two) and more time in a row of obligations on introduction of leasing payments to leasing company, according to the schedule of the agreement of subsidizing, except as specified, arisen during action of extraordinary provision / situation;

7) discrepancy of the project and/or borrower/leasing recipient to conditions of these rules;

8) arrest of money on accounts of the Borrower (except for seizures of money on accounts as measures for providing the claim, on condition of sufficiency of the money on the account in full providing claims) and/or suspensions of account account transactions of the Borrower.

36. The financial agent within 5 (five) working days makes the positive decision on renewal of subsidizing on condition of elimination by the borrower/leasing recipient of the reasons which were the basis for suspension of subsidizing before consideration of the financial agent by authorized body.

The financial agent within 1 (one) working day from the date of the decision of authorized body of the financial agent draws up and sends to the creditor / leasing company the corresponding letter notification minutes abstract. In case of decision making about renewal of subsidizing of the borrower/leasing recipient the financial agent makes payment of the subsidies which are not paid with it for the period suspensions in case of suspension of subsidizing for the reasons specified in subitems 5) or 6) of Item 35 of these rules in case of subsidizing renewal the financial agent makes payment of the subsidies which are subject for payment from the date of exit of the borrower/leasing recipient to delay.

Payments of subsidies stop, and the agreement of subsidizing is recognized terminated in cases:

1) complete repayment of the credit / financial leasing by the borrower under the credit agreement / agreement of financial leasing before the creditor / leasing company (date of the termination of subsidizing date of complete repayment by the borrower/leasing recipient of the credit / financial leasing to the creditor / leasing company will be considered);

2) decision makings of the financial agent by authorized body about the subsidizing termination;

3) agreement cancelation of subsidizing at the initiative of the borrower.

37. The decision on the termination of subsidizing is made by the financial agent based on petitions (notifications) of the creditor / leasing company, and also by results of the monitoring which is carried out by the financial agent.

The financial agent within 20 (twenty) working days after establishment of the facts specified in Item 35 of these rules makes the decision on termination/provision of delay on the termination or subsidizing renewal.

At the same time in the decision of authorized body of the financial agent the basis about subsidizing termination/renewal is specified.

The termination or renewal of subsidizing are performed from the date of suspension of subsidizing by the financial agent, at the same time in case of inappropriate use of the credit / the leasing transaction subsidizing stops in proportion to the amount of inappropriate use of credit means / leasing transactions. On the credit rest / the leasing transaction confirming target use and in case of return by the borrower of the amount of the paid subsidies pro rata to the amount of inappropriate use, subsidizing continues according to the payment schedule. In case of identification of complete inappropriate use of the credit / the leasing transaction subsidizing stops from start date of term of subsidizing.

The financial agent within 5 (five) working days makes the positive decision on renewal of subsidizing on condition of elimination by the borrower of the reasons which were the basis for suspension of subsidizing before consideration of the financial agent by authorized body.

The financial agent within 1 (one) working day from the date of the decision of authorized body of the financial agent draws up and sends the corresponding letter notification minutes abstract to the creditor / leasing company.

38. The creditor / leasing company notifies by the letter of the financial agent within 2 (two) working days in cases:

1) non-executions by the borrower of obligations to the creditor on debt repayment within 3 (three) consecutive months according to the schedule of the credit agreement;

2) non-executions by the leasing recipient of obligations to the leasing company / creditor on introduction of 2 (two) and more consecutive payments according to the schedule of the agreement of financial leasing;

3) arrest of money on accounts of the Borrower.

39. In case of loss occurrence in view of non-execution by the borrower/leasing recipient of obligations on introduction of payments under the credit agreement / agreement of financial leasing, the relations on implementation of insurance payment are governed by the insurance contract.

40. The financial agent performs monitoring of compliance of the credits / leasing transactions to conditions of subsidizing of rate of remuneration, target use of borrowing facilities and keeps regular account on the received and paid subsidies.

For implementation of functions of monitoring the financial agent requests from the creditor / leasing company (if necessary from the insurer) necessary documents and information relating to monitoring subject in accordance with the terms of the agreement of subsidizing: information from the exporter on export revenue, payment of the fiscal duties, quantity of workplaces, amount of the issued goods and services on annual basis, or this information is requested by the financial agent through body of state revenues.

The procedure and terms of carrying out monitoring are performed according to internal regulating documents of the financial agent.

41. The financial agent sends to authorized body the following information:

1) quarterly to 25 (twenty fifth) following the accounting period, summary information on application of funds of subsidies;

2) monthly to 25 (twenty fifth) following month under report, the report on undertaken obligations and forecast balance for subsidizing;

3) information on borrowers/leasing recipients by the countries of their origin.

42. Services of the financial agent in subsidizing are paid at the expense of the means provided by the republican budget for the current financial year.

Payment of the commission to the financial agent for rendering services is performed based on the prisoner according to the Civil code of the Republic of Kazakhstan between authorized body and the financial agent the service provision agreement.

Appendix

to Rules of subsidizing of rate of remuneration on the issued credits and the made leasing transactions banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export, taking into account the assumed international obligations

Form

To whom ______________________

From whom ____________________

The statement questionnaire on receipt of subsidy

I ask you to initiate consideration by the financial agent of question of subsidizing of rate of remuneration on the credit / to the made leasing transaction by bank of the second level / Development bank of Kazakhstan / other legal entity performing leasing activities, to the foreign buyer of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export, taking into account the assumed international obligations according to the following information:

1. Information on the borrower/leasing recipient:

Name of the foreign buyer, its post and bank details
Registration certificate of the legal entity
Legal address
Actual address
Surname, name, middle name (in case of its availability) the first head
Short description of goods/service
Place of realization of goods/service (country, settlement)
Industry (according to the General qualifier of types of economic activity)
Number and date of the credit agreement / agreement of financial leasing
Credit amount / leasing transaction
Credit term / leasing transaction
Purpose of the credit Name of the domestic exporter, its post and bank details

2. Guarantee and consent

The applicant guarantees to the financial agent the following:

1) all data, information and documents transferred or provided to the financial agent are reliable and completely are true for stated below date, in case of change of the specified data shall notify the financial agent without delay;

2) to provide and open at the request of the financial agent information and documents containing bank and trade secret for the purpose of consideration of this statement.

3. The applicant is warned about responsibility for submission of false, incomplete and (or) false information, the stipulated by the legislation Republic of Kazakhstan.

4. The applicant agrees present that the financial agent:

1) the Joint-stock company "National managing holding "Bayterek" provides the information specified in this statement, information and the provided documents in authorized body on regulation of foreign trade activity;

2) uses information on the foreign buyer and the exporter received from bank / leasing company when holding advertizing campaign, in case of placement of information on the official site of the financial agent.

5. All data containing in this statement, and also all documents requested by the financial agent are provided only for subsidizing of rate of remuneration on the credit / to the leasing transaction.

6. The applicant confirms that he is acquainted and agrees with procedure for consideration of question of subsidizing.

7. Appendices.

_________________________________________________________
            (surname, name, middle name (in case of its availability) the applicant)

_____________________________________________
              (signature, date)

 

 Appendix 2

to the Order of the deputy. The Minister of Trade and integration of the Republic of Kazakhstan of May 25, 2023 No. 186-HK

 Appendix 2

to the Order of the Deputy prime minister – the Minister of Trade and integration of the Republic of Kazakhstan of September 30, 2022 No. 389-HK

The list of domestic high-technology goods and services of processing industry for the purposes of subsidizing of rate of remuneration on the issued credits and the made leasing transactions banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export

See the List of domestic high-technology goods and services of processing industry for the purposes of subsidizing of rate of remuneration on the issued credits and the made leasing transactions banks of the second level, Development bank of Kazakhstan, other legal entities performing leasing activities, to foreign buyers of domestic high-technology goods and services of processing industry who are subject to insurance from the single operator on promotion of non-oil export (0.48Mb In original language)

 

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