1. Introduction

 In May 2013, two Decrees of the Government of the Republic of Kazakhstan – Nos. 133 and 134 (the "RoK GD") dated 14 February 2013 were published in official national newspapers:

  1. Rules for Procurement of Goods, Works and Services in Subsoil Use Operations (the "Rules 134"); 
  2. Rules for Procurement of Goods, Works and Services in Subsoil Use Operations Through the State Information System "Register of Goods, Works and Services Used in Subsoil Use Operations and their Suppliers" (the "Rules 133" or the "New Rules").

Rules 134 superseded the formerly valid similarly-named rules approved by the RoK GD No. 1139 dd.

27 November 2007, in the version dated 1 April 2010 (the "Rules 1139" or the "Old Rules").

According to the Rules 134, a subsoil user (we note that though all the above mentioned procurement rules also apply to subsoil users' contractors procuring goods, works and services ("GWS") from subcontractors, for the sake of convenience we shall refer to all these using the term "Subsoil- User(s)") must procure GWS via a system synchronized with the Register of Goods, Works and Services Used in Subsoil Use Operations and their Suppliers (new.reestr.nadloc.kz) (the "Register"). The Rules 134 also envisage the use of the Rules 133 by Subsoil Users.

However, given that currently there are no systems synchronized with the Register in Kazakhstan, yet Subsoil Users are still obliged to use the Register, the Rules 133 must be applied.

This article briefly discusses the basic differences between Rules 133 (the New Rules) and Rules 1139 (the Old Rules).

To read more please click on the link below:
Article on New Procurement Rules_Eng

Originally published 27 August 2013

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.