LEGAL OVERVIEW OF INDUSTRY LICENCES AND PERMITS IN KAZAKHSTAN.

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Presentation transcript:

LEGAL OVERVIEW OF INDUSTRY LICENCES AND PERMITS IN KAZAKHSTAN

Law of the Republic of Kazakhstan On Licensing, dated 11 Jan2007; Environmental Code of the Republic of Kazakhstan, dated 9 Jan 2007; Water Code of the Republic of Kazakhstan, dated 9 Jul 2003; Code of the Republic of Kazakhstan on Administrative Offences, dated 30 Jan 2001; Criminal Code of the Republic of Kazakhstan, dated 16 Jul, 2007; Regulation of the Government of Republic of Kazakhstan on Qualification Requirements for the Licensed Activity (depending on type of licensed activity) LEGAL ACTS

LICENSING SPHERES Industry Use of Atomic Power Transport Protection of the Environment Architecture, Town Building and Construction LICENSES

Planning and carrying out mining, petrochemical, chemical, petroleum and gas processing production, operating items for storage of gas, petroleum products, main gas pipelines, petroleum pipelines, petroleum products pipelines; Purchase of electric power for the purposes of re-selling; Handling nuclear materials, ionising radiates sources and radioactive materials; Project survey activities; LICENSED ACTIVITIES

LICENSES Project activities, which include: –Urban planning –Architectural planning for buildings and facilities Construction design –Technological planning of buildings and facilities of dwelling-civil destination; –Technological planning of items of transport and communications; –Technological planning of technological part of transport construction projects Constructing-assemblage operations: –Special work in soil; –Building of bearing and filling structures of building and facilities; –Operations for building roads and railways, including repair and reconstruction; –Construction of engineering networks and systems; –Special constructing and assemblage operations on stripline structures LICENSED ACTIVITIES

QUALIFICATION REQUIREMENTS Technological schedule Production facility in ownership or a lease Special equipment and/or system (software) Qualified staff and special services Laboratory Internal programs, instructions on safety and/or protection of environment Experience and/or reference from Clients Approvals and/or permits LICENSES

PERMITS/APPROVALS FOR: Emission into the environment (4 categories) and report on execution of conditions; Connection to the electrical grid of electrical installations with an installed capacity of over 100 kW; Special water use; Surface water use discharge of treated industrial and municipal waste, drainage and other waste water into surface water; Subsurface groundwater for drinking and industrial and technical applications with limits withdrawals from fifty to two thousand cubic meters per day

MAIN REQUIREMENTS the State Environmental Expertise to the Project Emission Standards; Action Plan for the Protection of the Environment; Program of Ecological Control; Documentation of Waste, including Passport for Hazardous Waste; Declarations on Fees for Emissions into the Environment; Reports on State Audits, Protocols on Administrative Violations and Resolutions on Administrative Cases; Declarations on Safety of Industrial Facilities PERMITS/APPROVALS

LIABILITY Activities carried out without a license, if such license is required under the laws of the Republic of Kazakhstan, in addition to the fine ( MCI), leads to forfeiture of income (dividends), money, securities received as a result of unlicensed activity. (Article of the Code of Administrative Offences); Activities carried out without registration or without a special permit (license) in cases where such permission (license) is required, or in violation of the license conditions, leads to a punishment by a fine of 500 to 1000 MCI, or community service for a period of 180 hrs to 240 hrs, or by imprisonment for up to 2 years with a fine of up to 50 MCI or without. (Article 190 of the Criminal Code).

OBSTACLES Branches or representative offices of foreign companies are not defined as legal entity, which is entitled to obtain a license (case by case); Internal reorganization of Ministries which issue such licenses leads to a time gap; Qualification requirements may differ from time to time

THANK YOU FOR YOUR ATTENTION!

GRATA OFFICES Almaty: Tel.: +7 (727) Fax: +7 (727) Baku: Tel.: +994 (12) ; +994 (50) Fax: +994 (12) Astana: Tel.: +7 (7172) ; +7 (7172) Fax: +7 (7172) Bishkek: Tel.: ; Fax: Aktobe: Tel.: Fax: +7 (727) Dushanbe: Tel.: +7 (727) Fax: +7 (727) Atyrau: Tel.: +7 (7122) Fax: +7 (7122) London: Tel.: +44 (0) ; +44 (0) ; +44 (0) Fax: +7 (727) Aktau: Tel.: +7 (7292) ; +7 (7292) Fax: +7 (7292) Moscow: Tel.: +7 (727) Fax: +7 (727) Kostanay: Tel.: ; Fax: +7 (727) New York: Tel.: +1 (646) ; (347) ; +7 (701) Fax: +7 (727) Karaganda: Tel.: Fax: +7 (727) Tashkent: Tel.: +998 (71) Fax: +998 (71) Kyzylorda: Tel.: Fax: +7 (727) Ulaanbaatar: Tel.: Fax: +7 (727)