ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of April 12, 2024 No. 158

About introduction of amendments to the order of the Minister of Energy of the Republic of Kazakhstan of May 18, 2018 No. 196 "About approval of Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on investigation or hydrocarbon production and production of uranium"

I ORDER:

1. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of May 18, 2018 No. 196 "About approval of Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out transactions on investigation or hydrocarbon production and production of uranium" (it is registered in the Register of state registration of regulatory legal acts for No. 17122) the following changes:

in Rules of acquisition by subsoil users and their contractors of the goods, works and services used when carrying out the transactions on investigation or hydrocarbon production and production of uranium approved by the specified order:

be reworded as follows item 4:

"4. In these rules the following concepts are used:

1) the potential supplier - the physical person performing business activity, the legal entity, the temporary consolidation legal entities (consortium) applying for the conclusion of the agreement on acquisition I RUB;

2) the affiliate of the potential supplier - any physical person or legal entity which has the right to determine decisions and (or) to exert impact on the decisions made by this potential supplier, including owing to the transaction made in writing, and also any physical person or legal entity concerning which this potential supplier has such right;

3) homogeneous I RUB - I RUB which, without being identical, have similar characteristics and consist of similar components that allows them to perform the same functions and to be interchangeable;

4) the act of failure of the equipment - the document signed by the first head of the customer, and also the deputy first head responsible for safety and production, confirmatory failure of the equipment, mechanisms, aggregates, consumable materials which failure will lead to stop of production cycle;

5) the register of the goods, works and services used when carrying out transactions on subsurface use and their producers (further - the register) - the state information system intended for control and monitoring of purchase of the goods, works and services used when carrying out transactions on subsurface use and their producers, and also carrying out electronic procurement and forming of the inventory, the works and services used when carrying out transactions on subsurface use;

6) the authorized person of the subsoil user (contractor) - the physical person or legal entity authorized by the subsoil user (contractor) to perform acquisition on behalf of the subsoil user (contractor) I RUB, the transactions used when carrying out on investigation or hydrocarbon production and production of uranium according to these rules;

7) the supplier - the physical person performing business activity, the legal entity, temporary consolidation legal entities (consortium) acting as the customer's partner in the agreement on acquisition signed with it I RUB;

8) works - activities, having material result, and also other activities referred to works according to the laws of the Republic of Kazakhstan;

9) the administrator of system - the owner or the owner of system;

10) the program of localization of import goods - the program describing detailed steps, methods and terms on localization of the goods which are earlier not made in the territory of the Republic of Kazakhstan, being integral part of the agreement on purchase of goods;

11) tender committee - the collegiate organ created by the customer for accomplishment of the procedure of carrying out acquisition I RUB according to the procedure and the methods established by subitems 1), 3) of Item 6 and Item 7 of these rules;

12) the tender documentation - documentation approved by the customer which contains conditions of holding open tender and open tender on lowering (the electronic biddings), represented to the potential supplier for preparation of the bid;

13) services - the activities directed to requirements satisfaction of the customer, which do not have material result;

14) the industry agreement in oil and gas, oil processing and petrochemical industries of the Republic of Kazakhstan (further - the industry agreement) - the legal act in the form of the written agreement signed between the parties of social partnership determining content and obligations of the parties by establishment of working conditions, employment and social guarantees for workers at the republican, industry and regional levels according to Article 152 of the Labor Code of the Republic of Kazakhstan;

15) National certification center of the Republic of Kazakhstan - the certification center representing means of the digital signature and registration certificates to physical persons or legal entities for forming of electronic documents in the state and non-state information systems;

16) goods of the Kazakhstan origin - goods on which the certificate of origin is issued for the internal address and (or) the industrial certificate confirming its origin in the territory of the Republic of Kazakhstan;

17) the Kazakhstan producer of goods - the citizens of the Republic of Kazakhstan and (or) legal entities of the Republic of Kazakhstan making goods of the Kazakhstan origin;

18) financial year - the period of time determined according to the budget legislation of the Republic of Kazakhstan;

19) subcontractor - the physical person or legal entity performing part of works on the contract with the contractor (customer);

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