ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 4, 2012 No. 228

About approval of the Regulations on procedure for licensing and regulation of subsurface use

For the purpose of enhancement of system of regulation of subsurface use, ensuring the maximum openness and transparency of the procedure of licensing of subsurface use, according to the Law of the Kyrgyz Republic "About subsoil" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for licensing and regulation of subsurface use.

2. Recognize to invalid:

- the order of the Government of the Kyrgyz Republic "About procedure for licensing of subsurface use" of August 15, 2007 No. 336;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic of August 15, 2007 No. 336 "About procedure for licensing of subsurface use" of October 9, 2009 No. 629.

3. This resolution becomes effective in 15 days from the date of official publication.

Appendix

Approved by the order of the Government Ryrgyzskoy of the Republic of April 4, 2012 No. 228

Regulations on procedure for licensing and regulation of subsurface use

Chapter 1. General provisions

1. The regulations on procedure for licensing and regulation of subsurface use (further - the Provision) determine procedure for licensing of subsurface use and govern the relations arising when using natural resources.

2. The concepts used in this Provision:

auction - method of provision of the right of temporary use by subsoil in case of which this right passes to the person who offered during trading and paid the highest price for the object of subsoil exposed at auction;

the paragraph third Item 2 ceased to be valid according to the Order of the Government KR of 18.06.2012 No. 425;

the guarantee fee - the cash amount ten times exceeding the starting price of object of auction, but no more than hundred thousand US dollars and at least one thousand US dollars in national currency of the Kyrgyz Republic at the rate of National Bank of the Kyrgyz Republic brought by the applicant into the special account of the organizer of auction for the details specified in the announcement of auction;

the applicant - for the purposes of Chapter 3 this provision is understood as the subject of business activity, the person interested to participate in auction and submitted for this purpose the application. For the purposes of Chapter 4 it is understood as the subject of business activity who submitted the application for provision of mineral right by direct negotiations;

tender - method of provision of the right of temporary use by subsoil to foreign and domestic investors in case of which they assume the certain obligations established by the tender conditions approved by the Government of the Kyrgyz Republic;

the licensor - the authorized state body granting licenses for mineral right;

the licensee - the owner of the license for geological studying of subsoil, development of mineral deposits and on other types of use of natural resources;

objects of subsoil - the mineral deposits or licensed areas intended for development and/or geological studying of subsoil in the territory of the Kyrgyz Republic;

final price of object of auction - the highest price of object of subsoil offered by the winner of auction which consists of the amount of the bonus (tax on mineral right) established by the legislation and the amount of unplanned receipts;

collection for participation in auction - the cash amount in the amount of one percent from the starting price of object of auction, but at least hundred settlement indicators brought by the applicant into the special account of the organizer of auction for the details specified in the announcement of auction. Collection for participation in auction, irrespective of its results, does not return and remains at the disposal of the organizer of auction;

the starting price of object of auction - starting price with which the biddings at auction, equal to the bonus size (tax for use of natural resources) paid in case of receipt of the license for right to use by certain object of subsoil begin. If on one object of subsoil will two and more types of minerals on which separate rates of bonuses are established are declared, the starting price will be equal to the amount of bonuses;

the participant of auction - the applicant allowed to participation in auction.

3. Organizational support of the state system of provision of mineral rights performs the State Agency for Geology and Mineral Resources under the Government of the Kyrgyz Republic (further - authorized state body).

4. The mineral right arises based on the license. Use of natural resources without license is forbidden, except as specified, provided by the laws of the Kyrgyz Republic.

5. If other is not stipulated by the legislation the Kyrgyz Republic and this Provision, foreign legal entities and physical persons obtain the license on the same conditions and in the same procedure as legal entities and physical persons of the Kyrgyz Republic.

6. The authorized state body performs subsurface use licensing administration, acting as the licensor.

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