ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 23, 2016 No. 370

About some questions of implementation of the Single program of support and business development "The road map of business of 2020"

According to Item 2 of article 94 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 and the order of the Government of the Republic of Kazakhstan of March 31, 2015 No. 168 "About approval of the Single program of support and business development "The road map of business of 2020" DECIDES: the Government of the Republic of Kazakhstan

1. Approve the enclosed changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan (further - changes and amendments).

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of June 23, 2016 No. 370

Changes and additions which are made to some decisions of the Government of the Republic of Kazakhstan

1. In the order of the Government of the Republic of Kazakhstan of March 31, 2015 No. 168 "About approval of the Single program of support and business development "The road map of business of 2020", modification of the order of the Government of the Republic of Kazakhstan of June 10, 2010 No. 556 "About some measures for program implementation "The road map of business of 2020" and recognition voided some decisions of the Government of the Republic of Kazakhstan" (SAPP of the Republic of Kazakhstan, 2015, Art. No. 16-17, 91):

in the Single program of the support and business development "The road map of business of 2020" approved by the specified resolution:

in the Section 2 "Introduction":

in the subsection "Main Terms and Determinations":

add with subitem 4-1) of the following content:

"4-1) public-private partnership - the form of cooperation between the state partner and the private partner corresponding to the signs determined in the Law of the Republic of Kazakhstan of October 31, 2015 "About public-private partnership;";

in the Section 4 "Purpose, Target Indicators, Tasks, Indicators of Results of Program Implementation":

in the subsection 4.3 "Tasks":

in Item 3:

in the table 4 "Target Indicators on Growth in Volumes of the Made Products of Processing Industry":

add in the line, sequence number 4, of the following content:

  "

4

The number of projects on which long-term lease financing is provided (is completely financed)

3

-

-

-

-

3

                                                          ";

in the table 9 "Target Indicators on Increase in Competence of Entrepreneurs":

4, to state line, sequence number in the following edition:

"

4

The number of subjects of entrepreneurship by which costs in case of increase in competence of the company are compensated

12

13

10

10

10

55

                                                            ";

in the table 10 "Target Indicators on Performance Improvement of Entrepreneurs":

2, 3 and 4, to state lines, sequence numbers in the following edition:

"

2	The number of subjects of entrepreneurship by which the costs incurred in case of development and/or examination of comprehensive plan of the industrial and innovative project are compensated	5	3	3	3	3	17
3	The number of subjects of entrepreneurship by which the costs incurred in case of enhancement of engineering procedures are compensated	8	9	10	10	10	47
4	The number of subjects of entrepreneurship by which the costs incurred by entrepreneurs in case of increase in efficiency of production organization are compensated	1	4	3	3	3	14

                                                              ";    

in the Section 5 "Main Directions of the Program":

add the subsection "Subsidizing of Part of Rate of Remuneration under Credits/agreements of Financial Leasing of Banks/bank of Development / Leasing Companies" with Item 6-1 of the following content:

"6-1. Subsidizing of part of rate of remuneration under credits/agreements of financial leasing of banks/bank of development / leasing companies is also performed under the credits/agreements of financial leasing issued for projects implementation within the agreement on public-private partnership without industry restrictions on condition of further operation of such project by the entrepreneur.";

add the subsection "Partial Guaranteeing on the Credits of Banks/development Bank" with Item 22-2 of the following content:

"22-2. The guarantee is provided also on the new credits issued for projects implementation within the agreement on public-private partnership without industry restrictions on condition of further operation of such project by the entrepreneur.";

state Items 51 and 52 in the following edition:

"51. Credit resources are provided to the microfinancial organizations on the terms of urgency, recoverability, the paid nature, target use and security, or without providing for financially steady microfinancial organizations.

52. Provision of the microcredits is performed as follows:

1) the small business entity addresses in UOM and (or) the microfinancial organizations for receipt of consultations for microcredit within the Program;

2) the small business entity develops the business plan of the project and addresses with the request for receipt of the microcredit in UOM, the microfinancial organization which acquired the right to microcredit of participants of the Program (since January 1, 2016 order taking will be performed by the microfinancial organization which acquired the right to microcredit of participants of the Program);

3) UOM, the microfinancial organization carry out project evaluation, draw the conclusion and make the decision on opportunity (or impossibility) microcredit (since January 1, 2016 project evaluation, issue of the conclusion and decision making on opportunity (or impossibility) microcredit will be performed by the microfinancial organization);

4) the microfinancial organization monthly till the 30th following reporting provides information in UOM on the issued microcredits within the Program.

Issue of the microcredits of UOM to small business entities, except as specified, reflected in Rules of microcredit of small business entities within the Single program of support and business development "The road map of business of 2020" approved by the order of the Government of the Republic of Kazakhstan of July 31, 2015 No. 599 "About measures for implementation of the Single program of support and business development "The road map of business of 2020" is not allowed.";

in the subsection "Subsidizing of Part of Rate of Remuneration on the Microcredits of the Private Microfinancial Organizations":

state heading in the following edition:

"Subsidizing of part of rate of remuneration on the microcredits of the microfinancial organizations";

state Items 55 and 56 in the following edition:

"55. On the microcredits of the microfinancial organizations the microcredits received by small business entities from non-budgetary sources from the microfinancial organizations are subject to subsidizing of part of rate of remuneration.

56. Subsidizing of rate of remuneration is performed by the financial agency on the new microcredits issued on projects implementation of small business entities in rural settlements, the small cities and monotowns without industry restrictions and without place of registration of the entrepreneur.";

exclude Item 58;

state Item 59 in the following edition:

"59. The microcredits issued on replenishment of current assets are also subject to subsidizing.";

state Item 62 in the following edition:

"62. Subsidizing is performed only on the microcredits with nominal rate of remuneration no more than 20% from which 10% are subsidized with the state, and the difference is paid by small business entity. At the same time on the microcredits of small business entities received on participation in exhibitions, symposiums, displays, tenders for the purpose of preparation for participation in the International specialized exhibition "EXPO-2017", the amount of subsidizing constitutes 14%.";

state Items 65 and 66 in the following edition:

"65. Financing of subsidizing of part of rate of remuneration on the microcredits of the microfinancial organizations is performed from the republican budget by transfer by authorized body to the financial agency of all amount of the funds allocated for subsidizing in the corresponding financial year.

66. The financial agency informs the microfinancial organizations for subsidizing of the microcredits within the Program.";

68, of 69, of 70, of 72, of 73, 74 and 75 to exclude Items;

state Item 76 in the following edition:

"76. The procedure for subsidizing of part of rate of remuneration on the microcredits of the microfinancial organizations within the first direction of the Program is regulated by the Rules of subsidizing of rate of remuneration on the microcredits of the microfinancial organizations approved by the order of the Government of the Republic of Kazakhstan.";

state Items 78 and 79 in the following edition:

"78. Partial guaranteeing for the microfinancial organizations is provided by the financial agency.

79. Financing of guaranteeing the credits of the microfinancial organizations before banks is performed from the republican budget by signing of the relevant contract between authorized body and the financial agency.";

82, of 83, of 84, of 85, of 86, of 87, of 88, 89 and 90 to state Items in the following edition:

"82. The financial agency cancels guarantee in case of identification of the facts of inappropriate use of the credit, violations of conditions of the Program, non-execution of the conditions established by the decision of the financial agency on provision of a guarantee.

83. The microfinancial organization for receipt of partial guaranteeing files in bank petition on receipt of secured loan of the financial agency.

84. The bank independently according to the procedure established by internal documents carries out assessment of activities of the microfinancial organization and on the basis of the provided information and the conclusion about assessment of mortgage property carries out assessment of mortgage cost of providing then makes the decision on financing or refusal in financing of the microfinancial organization under guarantee of the financial agency. In case of adoption of the positive decision on financing of the microfinancial organization, the bank within 5 (five) working days sends to the financial agency necessary documents for decision making on provision of a guarantee.

85. The financial agency within 10 working days considers the documents submitted by bank and makes the decision on provision or failure to provide partial guaranteeing. In case of adoption of the positive decision on provision of partial guaranteeing, the financial agency sends to bank the letter with the positive decision on possibility of guaranteeing.

86. After receipt of the letter on the positive decision of the financial agency the bank provides to the microfinancial organization the corresponding letter on conditions of the concluded credit with indication of calculation of the necessary amount of guarantee.

87. After the conclusion of the corresponding credit agreement between bank and the microfinancial organization the bank, the financial agency and the microfinancial organization sign the agreement of guarantee on microcredit.

88. For the purpose of payment for the issued guarantees the authorized body at the beginning of the next year transfers to the financial agency 50% of the amount of the target transfers allocated on guaranteeing the credits of the microfinancial organizations.

89. Other part of target transfers is listed to the financial agency after complete development of the first half of the funds transferred to the financial agency at the beginning of year in process of the conclusion of agreements of guarantee.

90. The financial agency accepts documents on projects only within the budgetary funds allocated for payment under the signed agreements of guarantee for the corresponding financial year. In this case development of budgetary funds is the fact of the conclusion of the agreement of guarantee.";

exclude Item 91;

state Item 93 in the following edition:

"93. The second direction of the Program provides rendering financial support to entrepreneurs of the following measures:

1) subsidizing of rate of remuneration under credits/agreements of financial leasing of banks/bank of development / leasing companies;

2) partial guaranteeing on the credits of banks/development bank;

3) development of production (industrial) infrastructure;

4) creation of industrial zones;

5) long-term lease financing.";

add with Item 95-1 of the following content:

"95-1. Subsidizing of part of rate of remuneration under credits/agreements of financial leasing of banks/bank of development / leasing companies is also performed under the credits/agreements of financial leasing issued for projects implementation within the agreement on public-private partnership on condition of compliance of such projects to the priority sectors of economy specified in appendix 1 to the Program, or the priority industries of processing industry determined by GPIIR specified in appendix 2 to the Program, and also further operation of such project by the entrepreneur.";

in the subsection "Partial Guaranteeing on the Credits of Banks/development Bank":

add with Item 117-2 of the following content:

"117-2. The guarantee is provided also on the new credits issued for projects implementation within the agreement on public-private partnership on condition of compliance of such projects to the priority sectors of economy specified in appendix 1 to the Program, or the priority industries of processing industry determined by GPIIR specified in appendix 2 to the Program, and also further operation of such project by the entrepreneur.";

after Item 163 to add with subsection of the following content:

"Long-term lease financing

163-1. Long-term lease financing is provided to JSC BRK-Leasing - the affiliated organization JSC Development Bank of Kazakhstan to the entrepreneurs implementing and (or) planning to realize investment projects in priority sectors of economy, according to appendix 1 to Rules of provision of the state support to subjects of the industrial and innovative activities directed to performance improvement of work and development of territorial clusters (further - Rules of provision of the state support to subjects of industrial and innovative activities), the approved order of the Minister of investments and development of the Republic of Kazakhstan of December 9, 2015 No. 1194, registered in the Register of state registration of regulatory legal acts No. 12640.

163-2. The entrepreneur shall provide participation with money in project implementation in the amount of at least 15% of total cost of objects of leasing when using long-term lease financing.

163-3. The cost of subject of leasing shall be at least 150 million tenges (for the companies of light industry at least 75 million tenges).

163-4. Long-term lease financing is provided for up to 10 years. The remuneration rate under the agreement of financial leasing for the applicant shall constitute 5%, at the same time the ratio of budget credit and other means of funding of JSC BRK-Leasing shall constitute 80/20. For the purpose of increase in amount of provision of long-term lease financing reuse of money at the expense of the extinguished leasing payments on the conditions determined by this Program is allowed. These conditions extend also to the agreements signed in 2011-2012 within the Performance of 2020 Program approved by the order of the Government of the Republic of Kazakhstan of March 11, 2011 No. 254 "About approval of the Performance of 2020 Program.

163-5. For receipt of long-term lease financing the entrepreneur gives the following document package to JSC BRK-Leasing:

1) the request signed by the first head, the chief accountant (in the presence) and certified by seal;

2) the passport of the project reflecting data on the applicant's compliance to requirements of the Program. The form of the passport of the project is approved by Rules of provision of the state support to subjects of industrial and innovative activities;

3) the business plan, the feasibility study for the project, the comprehensive plan developed according to technique of the development of comprehensive plan of the industrial and innovative project approved by authorized body in the field of the state support of industrial and innovative activities;

4) the questionnaire signed by the first head and certified by seal;

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