Legislative News

This CLIENT UPDATE includes amendments to the legislation of the RK and key appointments in December 2009.

The following 712 legislative acts were adopted in November 2009:

• Laws – 29

• Decrees of the President of the Republic of Kazakhstan – 8;

• Resolutions of the Government of the Republic of Kazakhstan – 327 (73 of which have not been enacted);

• Other regulatory legal acts.

Most of these regulatory legal acts are concerning public sector, but among them there are some which may attract your attention and affect your business in Kazakhstan in a certain way.

We would like to draw your attention to the following regulatory legal acts:

Law of the Republic of Kazakhstan dated 9/11/2009 № 197-IV «On Amendments to Some Legislative Acts of the Republic of Kazakhstan on Issues of Valuation Activity» (effective from 12/4/2009)

The Law is intended for gradual transition from state control of property valuation to self-regulation of the given kind of activity. In this connection basics of valuation activity by means of consolidation of appraisers in chambers which will carry out the organization of valuation activity have been established on the legislative level. The Law also introduces the institution of examination of applicant to carry out valuation activity with the aim to check out the level of his knowledge.

Law of the Republic of Kazakhstan dated 8 December 2009 № 225-IV «On Amendments to Some Legislative Acts of the Republic of Kazakhstan on Issues of Pseudo-Entrepreneurship Prevention» (effective from 25.12.2009)

The Law introduces amendments to the Civil Code of the Republic of Kazakhstan (General Part), Criminal Code of the Republic of Kazakhstan, Code of Criminal Procedures of the Republic of Kazakhstan, Code of the Republic of Kazakhstan on Administrative Violations, Laws of the Republic of Kazakhstan «On State Registration of Legal Entities and Record Registration of Branch Offices and Representatives Offices», «On Private Entrepreneurship». Main goal of the law is strengthening of tax administration, upgrading of pseudo-entrepreneurship facts prevention methods in connection with evident growth dynamics of offences and crimes during last years. The Law stipulates liability for pseudo-entrepreneurship not only for commercial organization, but also for individual entrepreneurs. Amendments to the Criminal Code of the Republic of Kazakhstan will allow conscientious contractors of taxpayer making pseudo-deal to avoid groundless claims from fiscal bodies as it is practiced at present.

Law of the Republic of Kazakhstan dated 8 December 2009 № 224-IV «On Amendments to the Customs Code of the Republic of Kazakhstan» (effective from 25.12.2009)

The Law is aimed at introduction of international standards to the activity of customs bodies, harmonization of the customs legislation of the Republic of Kazakhstan with legislation of member-states of World Trade Organization. The Law changes customs legislation of the Republic of Kazakhstan in order to bring it in compliance with requirements of the member-states of World Trade Organization with regard to practice of determination of customs cost, enlargement of set of people acting as customs applicants for movement of goods and transport means through the customs boarder of the Republic of Kazakhstan as well as introduction of operating principle «ex officio» for customs administration.

Order of the Minister of Public Health of the Republic of Kazakhstan dated 14 October 2009 № 526 «On Approval of List of Diseases, Treatment of Which is prohibited in the Private Public Health Sector»

Such diseases as human flue (caused by new subtype), infection by human immunodeficiency virus, acquired immunodeficiency syndrome, tuberculosis, mental diseases, venereal diseases (syphilis, gonorrhea), etc. are included into the list.

Order of the Minister of Agriculture of the Republic of Kazakhstan dated 16 October 2009 № 594 «On Approval of Rules of Issue of Permits for Export, Import and Transit of Moved (Transported) Objects with Consideration of Epidemiological Situation in the Corresponding Territory »

Rules is applied to legal entities and physical persons carrying out export, import and transit of moved (transported) objects to (from, through) the Republic of Kazakhstan. Permit for export, import, transit of moved (transported) objects is issued by Chief State Veterinary and Sanitary Inspector of the Republic of Kazakhstan or its Deputy with consideration of epidemiological situation in the corresponding territory and is the basis for issue of veterinary certificate for moved (transported) objects.

Resolution of the Government of the Republic of Kazakhstan dated 26 November 2009 № 1942 «On Approval of Rules for Licensing of the Activities in the Sphere of Commodity Exchanges and Qualification Requirements to Activity of Commodity Exchanges, Exchange Brokers and Exchange Dealers » (not effective)

Rules establish procedure of licensing of the activity of commodity exchanges, exchange brokers and exchange dealers. Licensing of the activity of commodity exchanges, brokers and dealers is carried out by authorized body in the sphere of regulation of trade activity. License for the right to carry out the activity of commodity exchanges, brokers and dealers is general, unalienable and can not be transferred to any other physical person or legal entity by licensee.

Order of the Minister of Public Health of the Republic of Kazakhstan dated 2 November 2009 № 634 «On Approval of Marking Rules for Medicines, Medical Products and Medical Equipment »

In accordance with Rules marking of packing should be the same for each series of medicines and should be in state and Russian languages. Authenticity of texts in state and Russian languages, regulatory compliance of medicine and compliance with instruction on medical use shall be confirmed by state registration of medicine. It is allowed to use stickers in case of import of limited number of expensive, rarely used orphan drugs. Application of stickers to the consumer package shall be made in accordance with the procedure established by authorized body. .

INTERNATIONAL LAW

Law of the Republic of Kazakhstan dated 30 November 2009 № 208-IV «On Ratification of Convention between the Republic of Kazakhstan and Japan on Avoidance of Double Taxation and Prevention of Avoidance from Taxation in respect of Income Taxes and Related Protocol»

Convention is applied to the following taxes:

a) in the Republic of Kazakhstan: corporate income tax; personal income tax;

b) in Japan: income tax; corporate tax; local taxes from population.

Provisions of Convention shall not be applied to the resident of the state, with which international agreement is concluded, if this resident uses provisions of such international agreement to the benefit of another person that is not resident of the state, with which international agreement is concluded.

DRAFT REGULATORY LEGAL ACTS

Brief on the Draft Law of the Republic of Kazakhstan «On Ratification of Agreement on Procedure of Control over Correctness of Determination of Customs Cost of Goods Moved across Customs Boarder of the Customs Union»(8 December 2009)

Agreement specifies main provisions of control of correctness of determination of customs cost of goods that are moved through customs boarder of the Customs Union in the framework of Eurasian Economic Community.

Control over customs cost of goods shall be made by customs body of the state of each Party during customs clearance of goods as well as after release of goods in accordance with provisions of international agreements of member-states of Customs Union regulating issues of customs clearance and customs control of goods moved through customs border of the Customs Union.

Brief on the Draft Law of the Republic of Kazakhstan «On Migration of Population » (30 December 2009)

Draft Law regulates public relations in the sphere of population migration, specifies legal, economic and social basics of migration processes.

There are following main types of migration subject to purpose of entry, exit or stay to (from) the territory of the Republic of Kazakhstan:

1) for the purpose of getting education;

2) for the purpose of engaging in labor activity;

3) for the purpose of family reunification;

4) for the purpose of return to historical homeland;

5) for the purpose of acquisition of citizenship or nationality;

6) by humanitarian or political motivation;

7) for the purpose of tourism.

KEY APPOINTMENTS

The following appointment were made in December 2009:

• Adil Shayakhmetovich Shayakhmetov was appointed to the position of the Chairman of the National Security of the Republic of Kazakhstan;

• Zhaser Azimkhanovich Dzharkinbayevich was appointed to the position of Deputy Chairman of the Statistical Agency of the Republic of Kazakhstan;

• Nurbolat Sergaliyevich Aidapkelov was appointed to the position of Deputy Chairman of the Statistical Agency of the Republic of Kazakhstan;

• Aida Dadenovna Kurmangaliyeva was appointed to the position of Vice-Minister of Public Health.

Information contained in this Client Update is of general nature and cannot be used as legal advice or recommendation. Please seek for a specific advice in relation to any questions. Please note that Kazakhstan and Turkmenistan are emerging economies and their legislation and legal systems are in constant development. Should you have any questions or would like to discuss subjects addressed in this Client Update please contact us.