ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 7, 2012 No. 588

About approval of Rules of development, approval and approval of investing programs, and also submission of the reporting on their realization

According to the subitem 3) of article 6 of the Law of the Republic of Kazakhstan of July 20, 2011 "About state regulation of production and turnover of separate types of oil products" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of development, approval and approval of investing programs, and also submission of the reporting on their realization.

2. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of May 7, 2012 No. 588

Rules of development, approval and approval of investing programs, and also submission of the reporting on their realization

1. General provisions

1. These rules of development, approval and approval of investing programs, and also submission of the reporting on their realization (further - Rules) are developed according to the Law of the Republic of Kazakhstan of July 20, 2011 "About state regulation of production and turnover of separate types of oil products" and determine procedure for development, approval, approval of investing programs, and also submission of the reporting on their realization.

2. In these rules the following concepts are applied:

investing program - the program of investment and return of the funds allocated for creation, upgrade and reconstruction of the existing production capacities of producers of oil products, for certain period for the purpose of receipt of the planned technical and economic effect, including economic indicators, including the investment components influencing the price of oil products;

producer of oil products - the physical person or legal entity which is performing production of oil products and having the passport of production;

authorized body in the field of production of oil products - the central executive body performing management in the field of state regulation of production of oil products (further - authorized body).

2. Procedure for development of investing programs

3. Before development of investing program the producer of oil products develops the concept.

4. The concept of investing program shall contain the following Sections:

the description of investing program, including its technical part;

the formulation realization of investing program is more whole;

determination of the preliminary schedule of realization of investing program;

predesign of cost and assessment of financial and economic results of investing program;

provisional estimate of risks of investing program;

calculation of cost of development of the feasibility statement, necessary consulting services (if necessary).

5. The concept of investing program is considered by authorized body within twenty calendar days.

6. The authorized body considers the concept of investing program and in the presence of notes to content returns the concept of investing program on completion with indication of the reasonable notes to Sections requiring completion.

7. In case of lack of notes to contents of the provided concept, the authorized body approves the concept of investing program.

8. The approved concept of investing program goes to producer of oil products for development on its basis of investing program.

9. Investing programs shall answer the following criteria:

1) minimum financial and economic risks;

2) low normative and/or above-standard losses;

3) positive values of the main financial and economic indicators proyektavnutrenny profit margin (profitability);

4) the minimum terms of compensation of investments which shall be provided with optimization of the scheme of borrowing and compensation of loan resources, decrease in production costs, diversification of production for the purpose of its maximum use according to market situation and availability of solvent demand;

5) increase in amount and quality of the made oil products.

10. Content of investing program shall answer the following structure:

1) short characteristic of the producer of oil products:

name of the legal entity;

form of business, date of state registration (re-registration) of the legal entity;

head of the legal entity;

address of the legal entity, phone, fax, e-mail;

short description of the main activities of the legal entity, main production indicators. The short-form report on financial and economic activities of the producer of oil products for the last accounting period;

2) short characteristic of investing program: name of the project;

main objectives of the project;

direct project participants;

place of project implementation (area, area);

summary: products assumed to release, the short description of goods or services with indication of possible range of modifications, appointments and scopes; nature of the expected project: creation new, reconstruction or expansion of operating plant; availability of technical documentation on the project (the feasibility statement, the design estimates, copies of agreements and contracts for installation and construction works and supply of equipment; copies of the documents confirming the rights to the parcel of land; copies of contracts for lease of buildings, constructions and other documents); special sales terms and restrictions on the project: availability of licenses (if the type of activity belongs to licensed), patents, permissions, availability of export and import quotas, restrictions and recommendations about the markets and raw materials, water - to power supply, transport, communication, possibility of waste recycling, the need for foreign labor power, requirements to ecological purity of engineering procedures;

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