Kazakhstan: Legislative News. February 2017

This Client Update covers the key amendments to the laws of the Republic of Kazakhstan ("RK") and various legal developments introduced in February 2017.


The laws covered by the present Client Update are related to both public and private sectors. Some of them may be of interest to you as they may affect your business in Kazakhstan.

We would like to draw your attention to the following legal acts.


On Forensic Expert Activities

On 10 February 2017, the President of the RK signed the Law No.44-VI "On Forensic Expert Activities".

The Law introduces the following key amendments:

  • Forensic Experts Chamber of the RK – a non-commercial professional self-financing organization protecting rights and legal interests, coordination of Chamber members' activities and law compliance.
  • Validation of forensic methods. The Law requires that unique, newly developed or modified methods such as comparison with results received by other methods, inter-laboratory professional testing and systematic evaluation of result affecting factors be validated.

The Law came into force on 25 February 2017.


Customs Duty Rates

On 13 February 2017, the Prime-Minister of the RK signed the Decree No. 56 concerning customs duty rates.

According to the Decree customs duty rates were changed from foreign currency (EUR) to tenge.

The Decree came into force on 1 March 2017.

Concession Contracts Advisory Support

On 2 February 2017, the Prime-Minister of the RK signed the Decree No. 33 concerning designation of the legal entity for providing advisory support to concession projects.

According to the Decree, Kazakhstan Project Preparation Fund Limited Liability Partnership is a legal entity providing advisory support for republican and local concession projects, unless otherwise specified in the decision of a local executive body, and also republican projects of public private partnership.

The Decree will come into force on the first day of its official publishment. As of this Client Update, there was no official publication.

Second-Tier Banks Conservation

On 26 December 2016, the Chairman of the National Bank of the RK signed the Decree of the Management Board of the National Bank of the RK No. 311 concerning approval of the Rules for application (establishment) of conservation regime in relation to second-tier banks.

Banks conservation is a compulsory implementation of administrative, legal, financial, organizational and technical and other activities and procedures aimed at financial rehabilitation and quality improvement of a bank by the decision of the National Bank of the RK.

The Decree sets forth the following provisions:

  • The only contracts that can be terminated if necessary are those concluded by bank and providing for bank investment or unilaterally introducing amendments and additions thereto, including changes in rates, tariffs and contract period;
  • Conservation may invisage transfer of bank's assets and obligations to other banks partially or entirely;
  • Interim heads of banks are prohibited from concluding options with investors on purchase of bank's shares and bonds convertible to bank's shares;
  • During the conservation an interim head reports to the National Bank of the RK on each action within 3 working days upon completion of each action and files a final report within 5 working days upon completion of the last action.

The Decree came into force on 27 February 2017.


Export and Import Licensing

On 13 October 2016, the Minister of Investments and Development of the RK signed the Order No. 719 "On Approval of Export and Import Licensing Rules".

The Rules define the procedure for issuing export and import license.

To obtain export and import license an applicant must file the following documents:

  • an application;
  • a certificate of state registration (re-registration) of a legal entity;
  • a license fee payment receipt;
  • qualification requirements compliance documents.

License is issued within 30 working days for duration up to 1 year.

The Order came into force on 22 February 2017.

Special Investment Contract

On 8 February 2017, the Minister of Investments and Development of the RK signed the Order No. 85 "On Approval of the Rules and Conditions for Execution and Termination of a Special Investment Contract".

The main distinction of a special investment contract is that it exempts a legal entity of the RK from tax duties when importing technological equipment, its component and spare parts, raw materials and/or materials and also raw materials and/or materials as part of finished products produced in a Free Economic Zone or a vacant warehouse.

To conclude a special investment contract an applicant must file an application along with required documents.

The Order came into force on 23 February 2017.

Contracts for International Sale of Goods

In February 2017, a dossier for the Draft Law of the RK "On Ratification of the United Nations Convention on Contracts for the International Sale of Goods" was submitted to the Parliament of the RK ("the Draft Law").

The Draft Law proposes ratification of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on 11 April 1980 ("the Vienna Convention"). The Vienna Convention provides a modern uniform and fair regime of concluding contracts for the international sale of goods and contributes to a great extent to creating certainty of trade exchange and to reducing transaction costs.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions