Legislative News

This CLIENT UPDATE includes amendments and additions to the legislation of the Republic of Kazakhstan (“RK”) from 15 June through 15 July 2014.

The legislation outlined in this Client Update concerns both public and private sectors. Some of them may be of interest to you as it may affect your business in Kazakhstan in certain way.

This month we would like to draw your attention to the following legal acts:

VISA-FREE REGIME

1) On 11 June 2014, the Government of RK adopted the Resolution “On changes and amendments into Resolution of the Government of RK No. 148 dated 21 January 2012

“On Approval of the Rules for entry to and stay in RK by immigrants, and of the Rules for migration control and register of foreigners and stateless persons, illegally crossing the border of RK”.

The Resolution approved the list of countries whose citizens can enter and depart from RK without visa as from 15 July 2014 to 15 July 2015 if the duration of their stay in RK does not exceed 15 calendar days from the moment of crossing the border of RK.

The following countries are included in the list:

• The United States of America;

• The United Kingdom of Great Britain and Northern Ireland;

• The Federal Republic of Germany;

• The French Republic;

• The Republic of Italy;

• Malaysia;

• The Kingdom of the Netherlands;

• The United Arab Emirates;

• The Republic of Korea;

• Japan.

The Resolution came into force on 11 June 2014.

SUBSOIL MAP OF KAZAKHSTAN

1) On 2 July 2014, the Committee for Geology and Subsoil Use of the Ministry of Industry and New Technologies of RK (“the Geology Committee”) has published an electronic map of licenses for filing applications on availability of free contract area.

The electronic map of the contract areas with mining deposits allows subsoil users to easily find information on various contact areas and sort these data by certain criteria (by type of minerals, by owner, by duration of contracts and, etc.).

One of the most important options of the map is that it allows submitting independently applications on availability of free contract areas. Potential subsoil users can draw lines of future contract areas on the electronic map, and then file an application. This is an initial step in the process of obtaining subsoil use right. An interested person then sends the list of coordinates to the Geology Committee, which in its turn must respond within a month.

LIST OF SUBSOIL USE BLOCKS TO BE TENDERED IN 2014 CHANGED

1) On 30 June 2014, the Government of RK adopted the Resolution “On changes and amendments into Resolution of the Government of RK No. 1416 dated 28 December 2013 “On Approval of the list of subsoil use blocks, except for subsoil use blocks with widespread minerals, subject to tender”.

Pursuant to the Resolution 9 new subsoil use blocks have been added to the list of subsoil use blocks subject to tender. Out of them, 5 subsoil use blocks are at the production stage and 4 blocks are at the exploration stage.

The Resolution comes into force on 22 July 2014.

EXPEDITED REGISTRATION OF MEDICAL EQUIPMENT

1) On 11 April 2014, the Minister of Health of RK adopted the Order No. 187 “On changes into the Order of the Minister of Health of RK No. 735 dated 18 November 2009 “On Approval of Rules for the state registration, re-registration and changes of the registration file of medicine, medical products and medical equipment”.

Pursuant to the Order potential suppliers of the medical equipment may enjoy expedited registration of medical equipment if certified by international foreign notifying (expert) bodies which have entered into an agreement with the health care authorized body.

The statutory timeline for registration of the medical equipment is reduced from 120 calendar days to 5 working days.

As of this Client Update the Order has not been published. The Order comes into force after 10 calendar days following the day of its first official publication.

Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please seek a lawyer for a specific advice. Please note that Kazakhstan is an emerging economy and its legislation and legal system are in constant development. Should you have any questions or would like to discuss matters addressed in this Client Update, please contact us.