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LETTER OF THE INTERREGIONAL TAX COMMITTEE AND TAX COMMITTEE OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF KAZAKHSTAN

of December 15, 2005 No. No. 1, 7-2-19/2095

The interregional Tax Committee No. 1 of the Tax Committee of the Ministry of Finance of the Republic of Kazakhstan, having considered the letter, reports the following.

1. On application of VAT rate

The limited liability partnership performs activities based on the Contract for investigation of hydrocarbonic raw material, according to the License, between investments Agency of the Republic of Kazakhstan and limited liability partnership (further - the Contract).

According to Item 16.1. The contract of limited liability partnership shall pay Taxes and payments according to the Tax legislation of the Republic, and also Contract provisions.

Based on Item 16.9. The contract any taxes and payments specified in the contract are paid at the rates, according to the procedure and to terms, stipulated by the legislation and the Contract.

According to Item 16.2.2. The limited liability partnership pays the value added tax according to the Section III of the Tax legislation.

According to Item 1.19. The contract the Tax legislation - the Presidential decree of the Republic of Kazakhstan, the valid law, "About taxes and other obligatory payments in the budget" of April 24, 1995 No. 2235 with changes and amendments to it (further - the Law on taxes), others legislative and the regulations regulating tax payment and payments.

At the same time according to Item 16.11 of the Contract the tax regime set by the Contract is effective steadily before the termination of the duration of the contract, except as specified, provided in this Item.

Any changes in the Tax legislation of the Republic made after contract signature shall not exert impacts on the tax liabilities of limited liability partnership, except for those situations when such change is, in fact, change of the tax established in the Contract and does not cause change of level of the taxation in comparison with signature date of the Contract.

For the purposes of this Item change of the legislation is understood as establishment of the new conditions and rules different from the conditions and rules stated in the Contract, and made by one or several of the following methods:

(a) adoption of the new acts which are valid the Law

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