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Investments state support measures in the Republic of Kazakhstan
Under the legislative act “On Investments” of January 8, 2003 (hereinafter – Law) the contracts with the authorized agency (Investments Committee under the Ministry of Industry and Trade) will grant the investors the following preferences:
1) customs duties exemption;
2) Government in-kind grants.
Customs exemption – for equipment and accessory components imported for the implementation of the contract, but no more than 5 years after the contract registration.
Government in-kind grants are provided in a manner prescribed by the Law by the authorized agency, as agreed upon with the corresponding Government agencies for government property and land resources management, as well as local executive bodies for temporary uncompensated use or by the right of temporary uncompensated use with subsequent gratuitous transfer or land-use transfer in case of fulfillment of obligations under the contract.
Government in-kind grants include: land lots, buildings, installations, machinery and equipment, computer facilities, measuring equipment, controllers, transport facilities (except for passenger cars), industrial and economic inventory. The main granting of investment preferences is effected on the basis of the priority activities list. This list on the level of activity subcategories classifier eligible for investment preferences is approved by the Kazakhstan Government regulation No436 of May 8, 2003. It includes 245 activity categories, including agriculture, processing industry (food processing, textile industry, paper-pulp industry, chemical industry, plastic and rubber articles production, non-metallic mineral commodities production, finished metal products production, machinery, equipment, and electrical equipment production), transport, tourism, and rental.
Taking this into account, the enterprises implementing investment projects may be granted investment preferences under the legislation of the Republic of Kazakhstan.
To conclude a Contract the Investor is to produce to the authorized agency an application for investment preferences granting and the documents required by the Article 19 of the Law confirming Investor’s financial, technical and organizational capacity for the investment project implementation, namely:
1) a notarized copy of the certificate of legal body state registration;
2) a notarized copy of the legal body statistical map;
3) a notarized copy of the memorandum of association;
4) a business plan of the investment project compiled in accordance with the requirements of the authorized agency;
5) notarized copies of the documents containing the estimated cost of construction and assembling operations and expenditures for the fixed assets procurement utilized for investment projects implementation;
6) notarized copies of the documents indicating the financing sources and guarantees for the investment projects. In case of equity financing written confirmation of availability is to be attached;
7) balance sheet as of the first of the quarter the application was filed;
8) statement of zero indebtedness under taxes payable, compulsory pension contributions and social deductions from the tax authority situated in the place of registration.
9) an investment project operating program, with calculations done in the national currency.
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