of November 29, 2023 No. 410
About introduction of amendments to 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:
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:
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 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 and also according to Items 1, 3 and 4 (code of the general qualifier of types of economic activity 1107) the list of industries of economy on conversion and production in agro-industrial complex and processing industry according to appendix 2 to the Mechanism of crediting and financial leasing of priority projects, to No. 820 approved by the order of the Government of the Republic of Kazakhstan of December 11, 2018 "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), and Items 1, 2, 3, 4, 5, the 6 and 7 list of key (priority) sectors of economy according to appendix 4 to the Mechanism of crediting and financial leasing of priority projects;";
state Item 5 in the following edition:
"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 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 Items 1, 3 and 4 are subject to subsidizing (code of the general qualifier of types of economic activity 1107) the list of industries of economy on conversion and production in agro-industrial complex and processing industry according to appendix 2 to the Mechanism of crediting and financial leasing of priority projects and Items 1, 2, 3, 4, 5, the 6 and 7 list of key (priority) sectors of economy according to appendix 4 to the Mechanism of crediting and financial leasing of priority projects.
Within this Item syndicated loans of banks of the second level and (or) Development bank of Kazakhstan are subject to subsidizing of rates of remuneration.";
state Items 5-2 and 5-3 in the following edition:
"5-2. Subsidizing of rate of remuneration according to the loan agreements signed after July 26, 2022 and issued by financial institutions within the Mechanism of crediting and financial leasing of priority projects is performed:
1) on the investment purposes with subsidizing term no more than 5 (five) years without the prolongation right;
2) on replenishment of current assets with subsidizing term no more than 3 (three) years without the prolongation right.
At the same time, according to the loan agreements specified in subitems 1) and 2) to part one of this Item, subsidizing of rate of remuneration is performed no more nominal rate of remuneration calculated as total expression of base rate of National Bank of the Republic of Kazakhstan plus 4,5 (four whole five tenth) % per annum in tenges from which 13,25 (thirteen whole twenty five 100-th) the % is paid with the state and difference is paid by the borrower (uslugopoluchatel) (the projects approved before approval of the above-stated rate of remuneration act on earlier approved conditions of working body (service provider) before complete execution by the borrower (uslugopoluchatel) of the obligations on them).
Within this Item the current agreements of loan issued by financial institutions according to Items 1, 3 and 4 are subject to subsidizing (code of the general qualifier of types of economic activity 1107) the list of industries of economy on conversion and production in agro-industrial complex and processing industry according to appendix 2 to the Mechanism of crediting and financial leasing of priority projects and Items 1, 2, 3, 4, 5, the 6 and 7 list of key (priority) sectors of economy according to appendix 4 to the Mechanism of crediting and financial leasing of priority projects.
The term of subsidizing of projects on Items 1, of 2, of 3, of 4, of 5, of the 6 and 7 list of the key (priority) sectors of economy directed to investments according to appendix 4 to the Mechanism of crediting and financial leasing of priority projects, constitutes no more than 7 (seven) years, except for the projects provided by subitems 1) and 2) of part one of this Item.
Subsidizing of projects on Items 1, of 2, of 3, of 4, of 5, of the 6 and 7 list of key (priority) sectors of economy according to appendix 4 to the Mechanism of crediting and financial leasing of priority projects is performed according to loan agreements with the nominal rate of remuneration which is not exceeding the base rate established by National Bank of the Republic of Kazakhstan and increased by 4,5 (four whole five tenth) % per annum in tenges from which 13,25 (thirteen whole twenty five 100-th) the % is subsidized with the state, and the difference is paid by the borrower (uslugopoluchatel) (the projects approved before approval of the above-stated rate of remuneration act on earlier approved conditions of working body (service provider) before complete execution by the borrower (uslugopoluchatel) of the obligations on them).
Within this Item in case of reduction of the base rate established by National Bank of the Republic of Kazakhstan for December 6, 2022, the part of rate of remuneration subsidized by the state decreases on equivalent change, to the reduced value of base rate of National Bank of the Republic of Kazakhstan.
Within this Item syndicated loans of banks of the second level and (or) Development bank of Kazakhstan are subject to subsidizing of rates of remuneration.
Within this Item earlier pro-subsidized loan agreements directed to refinancing of credits/agreements of financial leasing earlier approved/issued by financial institutions which are under sanctions and corresponding to the conditions specified in the Mechanism of crediting and financial leasing of priority projects are also subject to subsidizing.
At the same time, refinancing is performed only at the expense of own means of financial institutions.
5-3. Earlier pro-subsidized loan agreements directed to credit/leasing refinancing earlier issued by financial institutions on the purposes provided by part one of item 4 of these rules without restriction of term of date of the conclusion of the loan agreement before submission of the offer on subsidizing are subject to subsidizing.
The loan agreements which got approval of working body (service provider) can be refinanced at other financial institutions on earlier approved subsidizing conditions without prolongation of term of subsidizing and without increase in earlier approved amount of the subsidies specified in the agreement of subsidizing signed with financial institution from which refinancing was performed.";
state Item 8 in the following edition:
"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 from the date of submission of the offer by the borrower on repeated participation on the former conditions specified in earlier cancelled agreement of subsidizing, regarding standard rates, subsidizing terms, without increase in earlier approved amount of subsidies, excepting the requirement for term in 4 (four) years, from date of submission of the offer by the borrower, except as specified, provided by Item part two 5, part four of Item 9 and part three of Item 12 of these rules.";
state Item 20-1 in the following edition:
"20-1. The offers approved by working body (service provider) arrive in reserve (waiting list).
The working body (service provider) within 1 (one) working day after adoption of the positive decision according to the offer in paper form enters data from the offer with application of a copy of the loan agreement with the repayment schedule in GISS for inclusion in reserve (waiting list).
Offers join in reserve (waiting list) working body (service provider) for priority according to date and time of receipt of the offer. Information on inclusion of the offer in reserve (waiting list) is reflected in GISS.
According to the offers which arrived in reserve (waiting list), payment of subsidies is performed on priority according to date and time of receipt of the offer in reserve (waiting list) in case of allocation of additional budgetary funds in the current financial year. In case of lack of additional budgetary funds in the current financial year, according to the offers which arrived in reserve (waiting list), payment of subsidies is performed in the following financial year.
According to the offers which arrived in reserve (waiting list) according to which at the time of the conclusion of the agreement of subsidizing the duration of the agreement of loan is complete agreements of subsidizing are signed and subsidies are paid according to requirements of these rules and funding plans of working body (service provider).
The notification on inclusion of the offer in reserve (waiting list) in form according to appendix 7-1 to these rules within 1 (one) working day after adoption of the positive decision according to the offer goes working body (service provider) to financial institution and the borrower (uslugopoluchatel).";
state Item 22 in the following edition:
"22. The working body (service provider) performs unilateral agreement cancelation of subsidizing in the following cases:
1) availability in the agreement unexecuted the borrower (uslugopoluchatel) of obligations on repayment of principal debt and (or) remuneration more than 90 (ninety) calendar days;
2) inappropriate use of means according to the loan agreement;
3) arrest of accounts of the borrower (uslugopoluchatel) by a court decision, taken legal effect;
4) the written application in any form of the borrower (uslugopoluchatel) of refusal in receipt of subsidies;
5) complete repayment by the borrower (uslugopoluchatel) of obligations to financial institution according to the loan agreement;
6) termination or termination of the contract of loan, except for the case specified in part five of Item 20-1 of these rules.";
be reworded as follows appendix 1 according to appendix 1 to this order;
be reworded as follows appendix 4 according to appendix 2 to this order;
be reworded as follows appendix 10 according to appendix 3 to this order.
2. To provide to department of financial instruments and microcredit of the Ministry of Agriculture 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 Agriculture of the Republic of Kazakhstan after its official publication.
3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Minister of Agriculture of the Republic of Kazakhstan
A. Saparov
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It is approved Agency on protection and development of the competition of the Republic of Kazakhstan |
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It is approved Ministry of Finance of the Republic of Kazakhstan |
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It is approved Industry ministry and constructions of the Republic of Kazakhstan |
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It is approved Bureau of national statistics of the Agency on strategic planning and reforms of the Republic of Kazakhstan
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It is approved Ministry of national economy of the Republic of Kazakhstan
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It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan |
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to the Order of the Minister of Agriculture of the Republic of Kazakhstan of November 29, 2023 No. 410
Appendix 1
to 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
The inventory for crediting and financial leasing on priority projects in the field of production and (or) conversion of agricultural products
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№ |
Name of group of goods |
Name of the general qualifier of types of economic activity |
General qualifier of types of economic activity |
The list of products and goods at the exit |
|
1 |
2 |
3 |
4 |
5 |
|
1 |
Agricultural industry |
Cultivation grain (except rice), bean and oil-bearing crops |
01:11 |
Cultivation in the open ground grain (except rice), bean and oil-bearing crops. Cultivation of grain and leguminous crops, including seed farming: cultivation of grain crops, such, as: wheat, corn, ambercane, barley, rye, oats, millet, other grain crops, including for forming of seed fund; cultivation of leguminous cultures, such, as: haricot, beans, chick-pea (the Turkish peas), lentil, lupine, peas, siliculose peas, other leguminous cultures, including for forming of seed fund. Cultivation of oil-bearing crops and their seeds: cultivation of oil-bearing crops, such, as: soybeans, peanuts (peanut), seeds of cotton, castor-bean tree, flax, mustard, colza, safflower, sesame, sunflower, other oil-bearing crops, including production of seeds. |
|
2 |
Rice cultivation |
01:12 |
Rice cultivation. | |
|
3 |
Cultivation of vegetables, melon, root crops and tuber crops |
01:13 |
Cultivation of potatoes and landing material. Cultivation of vegetables, their seeds and seedling: cultivation of sheet and knee vegetables, such, as: artichokes, asparagus, cabbage, cauliflower and broccoli, lettuce and salad grade chicory, spinach, other sheet and knee vegetables; cultivation of fruit and vegetable cultures, such, as: cucumbers and gherkins, eggplants, tomatoes, water-melons, melons, including muscat melons, other types of melon and fruit and vegetable cultures; cultivation of root crops, tuber crops and bulbous vegetables, such, as: carrots, turnip, sweet corn, garlic, onions (including shallot), leek and other bulbous vegetables, other root crops and tuber crops; cultivation of mushrooms and truffles; cultivation of other types of vegetables; cultivation of seeds of vegetables; Cultivation of sugar beet and its seeds. | |
|
4 |
Cultivation of spinning cultures |
01:16 |
Cultivation of cotton raw, flax and other spinning cultures. | |
|
5 |
Cultivation other one - or two-year cultures |
01:19 |
Cultivation of forage crops and their seeds: cultivation of swede, fodder beet, fodder root crops, clover, lucerne, sainfoin, fodder corn and other herbs, fodder cabbage and similar forage crops; cultivation of buckwheat; cultivation of seeds of beet (except sugar) and fodder plants. | |
|
6 |
Cultivation of grapes |
01:21 |
Cultivation of grapes. | |
|
7 |
Cultivation of seeded and stone fruits |
01:24 |
Cultivation of seeded and stone fruits. | |
|
8 |
Cultivation of other fruits, berries and nuts |
01:25 |
Cultivation of berries and nuts. | |
|
9 |
Cultivation of other cattle and buffalo s |
01:42 |
Cultivation of cattle and buffalo s for receipt of meat | |
|
10 |
Cultivation of cattle of the milk direction |
01:41 |
Cultivation and cultivation of cattle of the milk direction. Production of raw cow's milk and raw milk of other cattle. | |
|
11 |
Cultivation of horses and other animals of family of horse |
01:43 |
Cultivation and cultivation of horses | |
|
12 |
Cultivation of camels and other animals of family of camel |
01:44 |
Cultivation and cultivation of camels | |
|
13 |
Cultivation of sheep and goats |
01:45 |
Cultivation of sheep and goats: cultivation and cultivation of sheep and goats; production of raw sheep and goat milk; production of crude (dirty) wool. | |
|
14 |
Cultivation of pigs |
01:46 |
Cultivation of pigs | |
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15 |
Cultivation of agricultural bird |
01:47 |
Cultivation and cultivation of agricultural bird. Production of eggs of agricultural bird. The mixed myasoyaichny production. Activities of inkubatorno-poultry-farming stations. | |
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16 |
Cultivation of other animal species |
01:49 |
Cultivation of bees, production of honey and beeswax. | |
|
17 |
The mixed agricultural industry |
01:50 |
Production of both crop production products, and livestock production products: cultivation of crops in combination with livestock production. | |
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18 |
Conversion and conservation of meat and production of meat products |
Conversion and conservation of meat |
10:11 |
Production of the fresh, cooled or refrigerated meat in hulks / in junctures, or divided into parts. Food offal |
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19 |
Conversion and conservation of meat of agricultural bird |
10:12 |
Slaughter, razdelyvaniye of carcasses and packing of meat of agricultural bird on dressing plants. Production of the fresh, cooled or refrigerated meat of agricultural bird divided into parts. | |
|
20 |
Production of products from meat and meat of agricultural bird |
10:13 |
Production of the dried, salted or smoked meat. Production of meat products: sausages, salami, sausages, sausages, cervelat, Bologna smoked sausage, pastes, rolls, boiled ham, canned and myasosoderzhashchy (meat and cereal) meat Production of meat and myasosoderzhashchy semifinished products. | |
|
21 |
Conversion and conservation of fish, Crustacea and mollusks |
Conversion and conservation of fish, Crustacea and mollusks |
10:20 |
Conversion and conservation of fish, Crustacea and mollusks. Production of products from fish, Crustacea and mollusks. Production of fish products for consumption by people or for feeding of animals. Production of flour, powder and granules from fish and other water activities of the animals unsuitable for consumption by people. Conversion of seaweed. |
|
22 |
Conversion and conservation of fruit and vegetables |
Conversion and conservation of potatoes |
10:31 |
Conversion and conservation of potatoes: production of the refrigerated made potatoes, dry mashed potatoes, snack from potatoes, potato chips, potato flour of high and rough milling. |
|
23 |
Production of fruit and vegetable juice |
10:32 |
Production of fruit and vegetable juice. Production of concentrates and nectars from fresh fruit and vegetables. | |
|
24 |
Other types of conversion and conservation of fruit and vegetables |
10:39 |
Production of the food consisting generally of fruit or vegetables, except for ready dishes in the refrigerated or tinned type. Conservation of fruit, nuts or vegetables: freezing, drying, treatment in oil or vinegar, conservation in hermetically sealed container. Production of food from fruit or vegetables. Production of jams, fruit jelly and food jellies. Frying of nuts. Production of paste and other food from nuts. | |
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25 |
Production of vegetable and animal oils and fats |
Production of oils and fats |
10:41 |
Production of the crude vegetable oils: soy, sunflower, cotton, rape, mustard, linen, safflower, olive. Production of the purified (refined) vegetable oils: soy, sunflower, cotton, rape, mustard, linen, safflower, olive. Conversion of vegetable oil: distillation, boiling, dehydration, hydrogenation. |
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26 |
Production of margarine and similar food fats |
10:42 |
Production of margarine. Production of fatty mixes and spreads. Production of the combined fats for cooking. | |
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27 |
Dairy and cheese products |
Conversion of milk and production of cheese |
10:51 |
Production of the watery milk pasteurized, sterilized, homogenized, and also subjected to other high-temperature processing. Production of soft drinks on milk basis. Production of the cream which is skimmed off from raw watery milk pasteurized, sterilized and homogenized. Production of powdered milk. Production of milk or cream in firm form. Production of butter. Yogurt production. Production of cheese and cottage cheese. Serum production. Production of casein or lactose Production of milk canned food. |
|
28 |
Production of ice cream |
10:52 |
Production of ice cream. | |
|
29 |
Production of flour-grinding and groat products |
Flour production |
10.61.1 * |
Production of flour of high and rough milling from wheat, rye, oats, corn or other grain. Production of rice flour. Production of flour of high and rough milling from dried bean, root crops or tuber crops or edible nuts. Production of ready flour mixes and the test for baking of bread, cakes, cakes, biscuits or pancakes. |
|
30 |
Production of grain |
10.61.2 |
Production of grain from wheat, rye, oats, corn or other grain. Production of the brought-down, ground, polished, polished, glazed, steamed rice. | |
|
31 |
Production of food concentrates |
10.61.3 |
Production of products for breakfast from grain crops, such as dry breakfasts. Production of wheaten, rye, oat, corn or other grain flakes. | |
|
32 |
Production of starch and products from starch |
10.62 |
Production of starches from rice, potatoes, corn and so on. Crushing of crude corn. Production of glucose and (or) glucosic and fructose syrup, sugar syrup, maltose, inulin and so on. Production of gluten. Production of corn oil. | |
|
33 |
Production of bakery, macaroni and flour confectionery |
Production of bakery and flour confectionery of incontinuous storage |
10.71 |
Production of bakery products: bread, bakeries of products, pancakes, flour confectionery (cakes, cakes, pies, biscuits.) |
|
34 |
Production of crackers and cookies, flour confectionery of long-term storage |
10.72 |
Production of crackers, cookies and other dry bakery products. Production of the flour confectionery, cakes, cakes, pies and biscuits intended for long-term storage. Production of such products as cookies, crackers, pretzels, salty and sweet. | |
|
35 |
Production of pasta |
10.73 |
Production of macaroni and noodles boiled and not boiled, with stuffing and without stuffing. Production of couscous. Production of the pasta preserved or refrigerated. | |
|
36 |
Production of other food |
Sugar production |
10.81 |
Production of sugar from sugar beet and sugar cane. |
|
37 |
Production of cocoa, chocolate and sugary confectionery |
10.82 |
Production of cocoa powder, cocoa butter. Production of chocolate and chocolates. Production of sugary confectionery: caramel, nougat, fondant, white chocolate. Production of the candied fruit, nuts, candied fruits from fruits. Production of lollipops, dragee and pastils. | |
|
38 |
Production of spices and seasonings |
10.84 |
Production of spices, sauces and seasonings: mayonnaise, mustard flour and powder, prepared mustard. Vinegar production. Production of the salt suitable for acceptance in food, for example, iodized salt. | |
|
39 |
Production of other food |
10.89 |
Production of soups and broths. Production of egg products, egg white. Production of yeast. | |
|
40 |
Ready foodstuff (commercially) |
Production of ready foodstuff |
10.85 |
Production of meat dishes or dishes from poultry. Production of fish dishes, including fish forcemeat. Production of dishes from vegetables. Production of the refrigerated pizza or the pizza prepared for storage by different ways. |
|
41 |
Baby food |
Production of baby food and dietary foodstuff |
10.86 |
Production of the food used for specialized food: children's milk mixes; nutritious dairy and other products for babies; baby food; the low-calorie products and products with the lowered caloric content intended for control of weight; food with the lowered sodium content, including low-sodium and beznatriyevy dietary salts; products without gluten content; food for persons performing hard physical work, especially for athletes; food for the people having metabolic disorder (diabetes) |
|
42 |
Production of forages for animals |
Production of ready-made feeds for farm animals |
10.91 |
Production of forages for cattle, small cattle, horses, poultry and pigs. |
|
43 |
Production of soft drinks, mineral waters and other waters in bottles |
Production of soft drinks, mineral waters and other waters in bottles |
11.07.0 * |
Production of natural mineral water and other waters in bottles. Production of the soft drinks flavored and (or) sweetened: lemonade, orangeade, Coca, fruit drinks, tonics and so on. |
|
44 |
Wool conversion |
Preparation of woolen fiber |
13.10.3 |
Wool (sheep) washed fat-free or carbonized, not subjected kardo-and to combing. Wool and hair of animals thin or rough, kardo-or grebnechesany |
|
45 |
Spinning of woolen fiber |
13.10.4 |
Production of yarn from wool for weaver's and clothing industry | |
|
46 |
Production of woolen fabrics |
13.20.2 |
Fabrics from wool kardochesany or grebnechesany or from hair of animals rough or horsehair | |
|
47 |
Production of felting and felt products |
13.99.2 |
Production of felt and felt | |
|
48 |
Production of leather products |
Tanning and dressing |
15.11.1 |
Tanned and dressed leather; manufactured and painted furs Skins are fur, tanned or dressed. Suede (including suede composition); skin varnish and varnish laminated; the skin metallized. Skin varnish and varnish laminated; the skin metallized. |
|
49 |
Manufacture and dyeing of fur |
15.11.3 |
Skin from skins of horned cattle or skins of animals of family horse without indumentum. Skin from skins whole horned cattle without indumentum. Skin from skins of animals of family horse without indumentum. Skin from skins sheep, goat or pork without indumentum. Skin from skins sheep without indumentum. Skin from skins goat without indumentum. Pigskin without indumentum | |
|
50 |
Storage of agricultural products |
Warehousing and storage of loads |
52.10 |
Vegetable storehouses, fruktokhranilishcha. |
* subsidizing of rate of remuneration according to loan agreements on replenishment of the current assets necessary for production cycle of production process.
to the Order of the Minister of Agriculture of the Republic of Kazakhstan of November 29, 2023 No. 410
Appendix 4
to 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
Form
Agreement of subsidizing of rates of remuneration
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city ___________ |
"___" __________ 20 __ years |
Deraptment of Agriculture __________________ areas (city), hereinafter referred to as "Working body", on behalf of ______________ ____________________ which is acting on the basis of the power of attorney No. _______ from _________________ 20 __ years, on the one hand, _______________, hereinafter referred to as "Borrower", on behalf of ____________________, acting on the basis of the ___________________________ on the other hand, and ____________, hereinafter referred to as "Financial institution", on behalf of ____________________, acting on the basis of the ______________________, from the third party, further jointly referred to as "Parties", and separately "Party", signed this agreement of subsidizing of rates of remuneration (further - the agreement of subsidizing) as follows.
Chapter 1. Terms and determinations
1. In this agreement of subsidizing the concepts specified 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 order of the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of October 26, 2018 are used No. 436 (it is registered in the Register of state registration of regulatory legal acts No. 17741) (further - Rules of subsidizing).
Chapter 2. Subject of the agreement
2. Under this agreement subsidizings the Working body shall on the conditions defined by the agreement perform with assistance of Financial institution subsidizing of costs of the Borrower on payment of rate of remuneration according to certain loan agreement within the amounts of money allocated according to the appropriate budget program according to the schedule of subsidizing of the Borrower (according to the decision of Working body) (further - the schedule of subsidizing) on form according to appendix to this Agreement.
Chapter 3. Rights and obligations of the Parties
3. The working body shall:
To consider 1) within 2 (two) working days from the date of receipt from Financial institution of the request for subsidizing;
2) to perform check of its compliance to conditions of receipt of the subsidies provided by Rules of subsidizing and check of the amount of the request for subsidizing to schedules of subsidizing of Borrowers according to the agreement of subsidizing;
3) according to the request for subsidizing monthly transfers advance payment into the special bank account to Financial institution subsidized part of rate of remuneration, in month, previous to month in which the next payment of subsidies is made;
4) in case of compliance of the request for subsidizing to requirements of Rules of subsidizing to create and send accounts for payment to bodies of treasury for transfer of subsidies for the bank account of Financial institution;
5) in case of discrepancy of the request for subsidizing to inform Financial institution on refusal in issue of subsidies.
4. The financial institution shall:
1) monthly to create and send the request for subsidizing to Working body;
2) in case of delay by the Borrower of obligations on repayment of principal debt and remuneration and on other events specified in Rules of subsidizing within 5 (five) working days from the moment of detection of events to inform on it Working body;
3) in case of change of conditions of the current agreement of loan (remuneration rate, including change of rate in case of substitution of own or raised funds for budgetary funds according to the main conditions of provision of budget credit to Agrarian Credit Corporation joint-stock company, the established decision of the central authorized body on budget implementation according to Item 2 of Article 180 of the Budget code of the Republic of Kazakhstan, remuneration payment due dates, provision of delay on payment of principal debt and (or) remuneration) to send to Working body the notification with application of a copy of the made decision on change of financing terms, the updated repayment schedule of principal debt, remuneration and amount of subsidies;
4) to perform target use (including, regarding completeness of use) the loan obtained at financial institution;
5) to perform observance by the borrower of terms of the contract of loan, including on complete development and target use of borrowing facilities according to the loan agreement;
6) to notify working body (service provider) on cases of non-compliance with loan by the borrower of terms of the contract.
5. The borrower shall:
1) to comply with the subsidizing conditions established by Rules of subsidizing;
2) not to allow subsidizing of rate of remuneration according to the loan agreement according to other state and budget programs;
3) completely to use the received borrowing facilities according to the loan agreement in accordance with the terms of the loan agreement;
4) in case of incomplete or inappropriate use of borrowing facilities according to the loan agreement to return the paid subsidies it is pro rata to the amount of incomplete or inappropriate use of borrowing facilities according to the loan agreement.
Chapter 4. Responsibility of the parties
6. The parties under this agreement bear responsibility for non-execution and (or) improper execution of the obligations following from this agreement of subsidizing according to this agreement of subsidizing and the laws of the Republic of Kazakhstan.
Chapter 5. Force majeure circumstances
7. The parties are exempted from liability for non-execution, or improper execution of the obligations under this agreement of subsidizing if the impossibility of performance was consequence of force majeure circumstances.
8. In case of approach of force majeure circumstances, the Party for which the impossibility of performance of its obligations under this agreement of subsidizing was created shall timely within 10 (ten) working days from the moment of their approach inform other Party on such circumstances. At the same time nature, the action period, the fact of approach of force majeure of circumstances shall be confirmed by the relevant documents of authorized state bodies.
9. In the absence of the timely notice the Party shall compensate to other Party the harm done by not notice or the untimely notice.
10. Approach of force majeure circumstances attracts increase in completion date of this agreement for their action.
11. If such circumstances proceed more than 3 (three) months in a row, then the either party has the right to refuse further obligation fulfillment under this agreement of subsidizing.
Chapter 6. Final provisions
12. Correspondence is considered properly provided or directed when it is drawn up properly (correspondence is considered properly drawn up when it is provided on the form or is under seal (in the presence), signed the head and has registration number, date), is handed personally, delivered by mail (the registered mail with the notification) or express communication to the address of party concerned.
13. The worker the body performs unilateral agreement cancelation of subsidizing in the following cases:
1) availability in the agreement unexecuted the borrower of obligations on repayment of principal debt and (or) remuneration more than 90 (ninety) calendar days;
2) inappropriate use of means according to the loan agreement;
3) arrest of accounts of the borrower by a court decision, taken legal effect;
4) the written application in any form of the borrower of refusal in receipt of subsidies;
5) complete repayment by the borrower of obligations to financial institution according to the loan agreement;
6) termination or termination of the contract of loan, except for the case specified in part five of Item 20-1 of Rules of subsidizing.
14. The parties shall use reasonable efforts to resolve in the course of direct negotiations all disagreements or disputes arising between them under the agreement or in connection with it. If after such negotiations of the Party cannot resolve subsidizing contractual dispute, the either party can demand the solution of this question judicially, the established civil procedural legislation of the Republic of Kazakhstan.
15. This agreement of subsidizing becomes effective from signature date authorized representatives of all Parties and is effective until the end of the term of loan agreements according to the schedule of subsidizing.
16. In the part which is not settled by the agreement, the Parties solve disputes judicially.
17. This agreement is constituted in 6 (six) copies in the state and Russian languages having identical legal force on 2 (two) copies on one in the state and Russian languages for each of the Parties.
18. Appendix to this Agreement of subsidizing are its integral part.
19. Addresses, bank details, signatures of the Parties:
|
Working body: |
Borrower: |
Financial institution: |
Appendix
to the Agreement of subsidizing of rates of remuneration
Form
The schedule of subsidizing of the Borrower (according to the decision of Working body)
No. ___ from "___" ___________ 20 ___ years
Name заемщика:_______________________________________
Number, date of the conclusion: _______________________________________
Purpose of credit/leasing: ____________________________
Amount of the credit agreement, tenge: ______________________________
Amount of the credit agreement: currency: tenge,
KZT_________________________________________________________
The term of return of principal debt according to the credit agreement: ____________
Rate of remuneration, % General: _______________________________
Subsidized: _______________________________________________
Paid by the borrower: ______________________________________
The amount of remuneration for all term of the credit agreement, tenge
Общая:_______________________________________________________
Subsidized: _______________________________________________
Paid by the borrower: ______________________________________
|
Year |
Month |
Remuneration rate repayment period according to the schedule of the credit agreement |
Total amount of remuneration, tenge |
The amount of part of rate of remuneration paid by the state (subsidized) tenge |
The amount of part of rate of remuneration paid by the borrower, tenge |
|
Total |
Working body of __________ _________________________________________
the signature (surname, name, middle name (in case of its availability))
Borrower of ___________ ______________________________________________
the signature (surname, name, middle name (in case of its availability))
Financial institution of __________ ____________________________________
the signature (surname, name, middle name (in case of its availability))
to the Order of the Minister of Agriculture of the Republic of Kazakhstan of November 29, 2023 No. 410
Appendix 10
to 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
Form
The form intended for collection of administrative data
It is represented: in the structural division of local executive body of area, city of republican value and the capital realizing functions in the field of agricultural industry and in the Ministry of Agriculture of the Republic of Kazakhstan
The form of administrative data is placed on Internet resource: www.gov.kz
Report on the actual use of subsidies
Index of form of administrative data: form No. 3-FIS
Frequency: quarterly, annually
Accounting period: ___ quarter 20 ___ years, 20 ___ year
The group of people, providing information: financial institutions, the structural division of local executive body of area, city of republican value and the capital realizing functions in the field of agricultural industry
Term of representation of form of administrative data:
in the structural division of local executive body of area, city of republican value and the capital realizing functions in the field of agricultural industry, quarterly to the twentieth following reporting quarter, and annually till January twenty fifth of calendar year;
in the Ministry of Agriculture of the Republic of Kazakhstan quarterly, to the thirtieth following reporting quarter, and annually till January thirtieth of calendar year.
|
Name of the borrower |
Individual identification number / business - identification number |
Name of financial institution |
Purpose of the loan agreement * |
Direction (Economy of simple things, Road map of employment, Agro-industrial complex) |
Code on the general qualifier of types of economic activity (OKED) |
Number and date of the loan agreement |
Amount of the loan agreement, tenge |
General rate of remuneration, % |
Subsidized rate of remuneration, % |
The amount of subsidies for all duration of the agreement of loan, one thousand tenges | |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
|
Total: |
continuation of the table:
|
In total it is listed subsidies, tenge |
Variation (+,-) (+) overpayment, (-) shortcoming, tenge |
Return of unused subsidies, tenge |
The balance of subsidies which is on the special account of financial institution, tenge | |||||
|
working body to financial institution |
financial institution to the borrower | |||||||
|
In total |
including, for the accounting period |
In total |
including, for the accounting period |
Total (column 13 - the column 15) |
including, for the accounting period (column 14 - the column 16) |
In total |
including, for the accounting period |
In total (column 17 - the column 19), |
|
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
* The purpose of the loan agreement is specified according to item 4 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", approved by 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 to No. 436 (it is registered in the Register of state registration of regulatory legal acts No. 17741).
Наименование____________________________________________________
Address __________________________________________________________
________________________________________________________ phone
E-mail address _________________________________________
Contractor ____________________________________________________
(surname, name and middle name (in case of its availability), the signature)
The head or person fulfilling its duties
_____________________________________________________________________
(surname, name and middle name (in case of its availability), the signature)
The locus sigilli (except for persons which are subjects of private entrepreneurship)
Date of delivery of the report "___" __________ 20 ___ years
The explanation on filling of the form intended for collection of the administrative data "Report on the Actual Use of Subsidies"
Chapter 1. General provisions
1. This explanation determines single requirements for filling of the form intended for collection of the administrative data "Report on the Actual Use of Subsidies" (further - the Form).
2. The form is filled with financial institutions, the structural division of local executive body of area, city of republican value and the capital realizing functions in the field of agricultural industry.
3. The form is signed by the contractor and the head, or person fulfilling its duties.
4. The form is provided:
financial institutions in the structural division of local executive body of area, city of republican value and the capital realizing functions in the field of agricultural industry (further - working body), quarterly, to the twentieth following reporting quarter, and annually till January twenty fifth of the calendar year following after accounting year;
working body in the Ministry of Agriculture of the Republic of Kazakhstan quarterly, to the thirtieth following reporting quarter, and annually till January thirtieth of the calendar year following after accounting year.
5. The form is filled in the Kazakh or Russian languages.
Chapter 2. The explanation on filling of the Form
6. In column 1 the sequence number is specified.
7. In column 2 the name of the borrower is specified.
8. In column 3 individual identification number / бизнес-идентификационный number of the borrower is specified.
9. In column 4 the name of financial institution is specified.
10. In column 5 the purpose of the loan agreement is specified.
11. In column 6 the direction (Economy of simple things, the Road map of employment, Agro-industrial complex) is specified.
12. In column 7 the code on the general qualifier of types of economic activity (OKED) is specified.
13. In column 8 number and date of the loan agreement is specified.
14. In column 9 the loan agreement amount is specified.
15. In column 10 the general rate of remuneration is specified.
16. In column 11 the subsidized rate of remuneration is specified.
17. In column 12 the amount of subsidies for all duration of the agreement of loan is specified.
18. In columns 13 and 14 the amounts of subsidies transferred for the entire period by working body to financial institution including for the accounting period are specified.
19. In columns 15 and 16 the amounts of subsidies transferred for the entire period by financial institution to the borrower including for the accounting period are specified.
20. In columns 17 and 18 variations (overpayment, shortcoming) for the entire period, including for the accounting period are specified.
21. In columns 19 and 20 the amount of return of unused subsidies is specified to working body, including for the accounting period.
22. In column 21 the balance of subsidies which is on the special account of financial institution is specified.
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