Monthly Legal Alert: April-May 2026
SIGNUM regularly provides Legislative/Regulatory Alerts to keep Clients informed about important laws and regulatory changes in the Republic of Kazakhstan (“RK”). This Alert includes recent developments introduced in April 2026 related to:
1. Registration of legal entities;
2. Alatau SEZ;
3. Agreement on Strategic Partnership and Cooperation between the Republic of Kazakhstan and the United Kingdom of Great Britain and Northern Ireland;
4. Admission of EAEU Member States' Brokers and Dealers to Participate in Exchange Trading;
5. Foreign Exchange Operations;
6. Auctions for Solid Minerals Exploration;
7. Labor Quotas;
8. Digital Assets;
9. Supervisory measures applicable to operators of digital asset platforms;
10. Gas supply and the consumption of commercial gas;
11. The ratification of the Agreement on the Promotion and Reciprocal Protection of Investments between Kazakhstan and China;
12. The prevention of market manipulation in the digital financial assets market;
13. VAT exemption for the sale of motor vehicles and agricultural machinery;
14. The operation of the Unified Accounting System in the gambling sector;
15. The digitalisation of the apostille issuance procedure;
16. Dispute resolution and litigation;
17. Corporate investigations;
18. Double taxation avoidance agreement with Oman;
19. The EAEU unified transit system;
20. Disclosure of tax information to external government audit agencies;
21. Government geological surveys of subsoil resources for groundwater;
22. Operation of wells and monitoring of hydrocarbon field development.
Amendments to the legislation in the field of registration of legal entities1
Starting from 1st April 2026, in cases stipulated by the internal control rules of the registering body, the state registration of legal entities classified as commercial organizations, as well as the record registration of their branches and representative offices, shall be carried out with the personal presence of the founder in cases stipulated by the internal control rules of the registering body. There is no exhaustive list in the public domain; however, the rules are developed strictly on the basis of the public requirements of the Financial Monitoring Agency and anti-money laundering legislation, and must include:
1. Doubts regarding the authenticity of identity;
2. The founder is associated with high-risk jurisdictions;
3. The founder is a public official;
4. Partial match with sanctions lists.
The notification regarding the necessity of the founder's personal presence is sent to the service recipient's personal account on the "e-gov" web portal.
When submitting an electronic application for the state registration of a legal entity that is a subject of private entrepreneurship, the location of the legal entity, branch (representative office) specified in the application is confirmed by the consent of the owner(s) of the real estate.
The verification of the authenticity of the legal entity's registered address is carried out automatically through the integration of information systems.
During the verification, the presence of the address in the "Address Register" information system and the category of the object, specified according to the Rules for addressing real estate objects on the territory of the Republic of Kazakhstan, are determined.
Furthermore, for subjects of small entrepreneurship, an application-based procedure for the state registration of legal entities is introduced instead of a notification-based one. Also, changes and additions to the registration data of a legal entity, branch (representative office) are made upon changing contact information (telephone, email address). These changes are entered automatically on the basis of an electronic notification.
2. Alatau SEZ2
The Government adopted a resolution dated 21 April 2026, on the creation of the special economic zone "Industrial Trade and Logistics Complex 'Alatau'" (SEZ). The SEZ is located on the territory of the Korday district of the Zhambyl region within the boundaries according to the appendix to this Regulation. The territory of the SEZ is 165 hectares and is an integral part of the territory of the Republic of Kazakhstan.
The SEZ is created for the purposes of:
Accelerated development of modern high-performance and competitive production facilities, attracting investments, introducing new technologies into the regional economy sectors, as well as increasing employment.
Developing manufacturing industry sectors, including the production of chemical, petrochemical, metallurgical, non-metallic mineral products, metalworking products, rubber and plastic products, as well as other products with high added value.
Developing the agro-industrial complex, including deep processing of agricultural products, food processing, storage, packaging, and logistics of agricultural cargo.
Forming modern trade, logistics, and distribution centers, including warehousing, customs, transport, and multimodal logistics, storage and consolidation of goods, as well as the development of cross-border trade.
Developing mechanical engineering, including the production of equipment, components, units, and assemblies, as well as the localization of industrial assembly productions.
Developing the electrical engineering and electronics industry sectors, including the production of electrical equipment, electronic components, devices, automation systems, and digital solutions.
Forming an industrial, trade, and service infrastructure that ensures the sustainable functioning of the SEZ and the implementation of investment projects.
A special legal regime is established on the territory of the SEZ.
3. Agreement on Strategic Partnership and Cooperation between the Republic of Kazakhstan and the United Kingdom of Great Britain and Northern Ireland3
At a plenary session on 16 April 2026, the deputies of the Senate of the Parliament of the Republic of Kazakhstan ratified the Agreement on Strategic Partnership and Cooperation between the Republic of Kazakhstan and the United Kingdom of Great Britain and Northern Ireland. The law enshrines the basic principles of political, economic, legal, humanitarian, and environmental interaction, bringing Kazakh-British cooperation to a qualitatively new level. Economically, the law opens up new opportunities for attracting investments, developing trade, as well as implementing joint projects in sectors prioritized for Kazakhstan – energy and renewable energy sources, mining, high technologies and digitalization, financial services, agriculture, and sustainable water management.
4. Agreement on Admission of EAEU Member States' Brokers and Dealers to Participate in Exchange Trading4
The President signed a decree "On signing the Agreement on the admission of brokers and dealers of one Eurasian Economic Union member state to participate in organized trading on the exchanges (trade organizers) of other member states". The Agreement provides for granting admission to brokers and dealers of one member state to participate in organized trading in securities or derivative financial instruments (concluding contracts that are derivative financial instruments) held by an exchange (trade organizer) of another member state.
The license (permit) is issued in accordance with the requirements of the legislation of the member state on whose territory the broker or dealer is registered. Upon admission to participate in the organized trading of the exchange (trade organizer), brokers and dealers are granted the opportunity to:
Submit bids and conclude transactions in organized trading (subject to meeting the requirements of the exchange (trade organizer)).
Become clearing participants using the services of a clearing organization registered on the territory of the member state where the exchange (trade organizer) is registered (subject to meeting the requirements of such an organization).
Obtain technical access to organized trading and clearing (subject to meeting the requirements of the person providing such technical access).
Open relevant accounts in the depositories (central depositories) of member states (subject to meeting the requirements of the depository (central depository)).
5. Foreign Exchange Operations5
By the resolution of the Board of the National Bank dated 31 March 2026, amendments were made to certain resolutions on issues of currency regulation and currency control. Main changes:
Enhanced foreign exchange control: Banks and licensed professional market participants act as foreign exchange control agents and are required to:
(i) verify clients' supporting documents;
(ii) monitor suspicious transactions; and
(iii) report foreign exchange violations to the National Bank of the Republic of Kazakhstan.
A threshold amount of USD 50,000 (or its equivalent) has been established for the purchase of non-cash foreign currency with national currency on the domestic foreign exchange market of the Republic of Kazakhstan. Once this threshold is reached, the purchaser must comply with the requirements for substantiating the purpose of the foreign currency purchase and using the purchased foreign currency in accordance with the declared purpose.
A foreign exchange contract registration number (UIN) is mandatory for certain transactions. In the absence of such registration number, payments may be delayed or returned. If the information provided is inaccurate or incomplete, the servicing bank may request additional supporting documentation.
Businesses are required to substantiate the purpose of purchasing foreign currency.
Enhanced monitoring applies to transactions posing a risk of capital flight. The updated list of transactions regarded as suspicious includes:
(i) cross-border transfers exceeding USD 50,000;
(ii) loans granted to non-residents that are not repaid to Kazakhstan;
(iii) transactions lacking an apparent economic rationale (e.g., interest-free loans);
(iv) long-term export/import contracts with a term exceeding 720 days
Such transactions require the client's consent to the disclosure of information to the competent regulatory authorities and are subject to enhanced scrutiny by the servicing bank.
Relief measures are retained for individuals: transfers up to USD 10,000 are possible without opening an account.
6. Auctions for Solid Minerals Exploration6
Rules for holding an auction for the exploration of solid minerals on a newly available block has been approves. The auction announcement appears within 10 working days after the end of the deadline for considering applications for the block. The auction itself is held within 15 working days from the same date.
Bidding Mechanics
Time: Tuesday – Friday, from 10:00 to 17:00 (Astana). The auction must begin no later than 15:00.
Starting price: Equals 100 MCI.
Auction step: Differentiated (the higher the price, the smaller the step percentage — from 25% to 5%).
10-minute rule: If no one outbids the offer within 10 minutes, the last person to confirm the price wins.
Single participant: The auction is considered valid even if only one participant has confirmed the starting price.
Determination of the Winner and Payment
Winner: The one who offered the maximum signature bonus. They receive the priority right to obtain a license.
Payment deadline: The signature bonus must be paid within 20 working days after signing the protocol.
Important condition: The license will be issued only after payment of the bonus and the provision of security for the liquidation of the consequences of exploration.
7. Labor Quotas7
The establishment of quotas for attracting foreign workforce to carry out labor activities in the territory of the Republic of Kazakhstan for 2026 has been amended. Thus, new quotas have been established for attracting foreign workforce to carry out labor activities in the territory of the Republic of Kazakhstan for 2026, as a percentage of the labor force size:
For permits issued by the local executive body to the employer, at a rate of 0.3% (previously 0.25%).
For attracting labor immigrants at a rate of 2.85% (previously 2.9%).
The order enters into force on 10 May 2026.
8. Digital Assets8
National Bank approved the Rules for the issuance, placement, circulation, and redemption of digital financial assets. The rules determine the procedure and conditions for the issuance of digital financial assets whose underlying asset is money (stablecoins), their placement, circulation, and redemption, the requirements for stablecoin issuers and the decision to issue stablecoins, requirements for stablecoin investors, the procedure and conditions for recognizing persons as qualified investors for the purpose of executing transactions with digital financial assets, and the list of digital financial assets permitted for purchase exclusively using the funds of qualified investors.
Who can issue stablecoins (Issuers)
Form of ownership: Only JSC or LLP.
Capital: Minimum 200,000,000 tenge of equity capital.
Peg type: Only to a single currency (e.g., only to the tenge or only to the dollar). Multicurrency baskets are prohibited.
Publicity: The issuer must publish a White Paper at least 10 days before registering the issuance.
Reserves and Collateral (Most Important)
100% provisioning: Stablecoins can only be issued (minted) after real money in an equivalent volume is deposited into a bank account.
Storage: The money must be held in custodian banks (licensed for storage).
Reserve investing: The issuer can use up to 50% of the reserve money to buy government bonds of the Republic of Kazakhstan or other countries with a high rating, or keep them on deposits.
The remaining 50% must be in "live" cash.
Rules for Investors (Individuals):
Testing: To buy stablecoins, an individual must pass a test (minimum 10 questions). It is necessary to score at least 80% correct answers.
Retake: If the test is failed, the next attempt is only after 30 days.
Test topics: Experience working with crypto, understanding the risks of losing wallet access, and the absence of state guarantees.
Limitations of "Qualified Investors" Some assets are forbidden to be purchased by ordinary people. Only professionals (qualified investors) can buy:
Stablecoins from banks with a low credit rating (below "B").
Assets with a short lifespan (less than 30 days).
Assets of companies that do not disclose financial reporting.
Issuance Procedure
1. Making a decision and publishing the White Paper.
2. Replenishment of a special account with money (100% coverage).
3. Verification by the platform operator of the availability of funds.
4. Registration of the issuance and assignment of a unique number.
5. Crediting of digital assets.
9. Rules on the Application of Limited Supervisory Measures to Digital Asset Platform Operators Approved9
On 1 May 2026, Resolution No. 49 of the Board of the National Bank of the Republic of Kazakhstan dated 29 April 2026 entered into force, approving the Rules on the Application of Limited Supervisory Measures to Operators of Digital Financial Asset Platforms and Digital Asset Trading Platforms.
The Rules establish the framework under which the National Bank may apply limited supervisory measures to digital asset platform operators in accordance with the Law of the Republic of Kazakhstan On Digital Assets.
When deciding whether to impose supervisory measures, the National Bank will consider a number of factors, including the operator's risk profile, the nature, frequency and duration of violations, their impact on clients and counterparties, the effectiveness of corrective actions taken, any previously imposed supervisory measures, and the adequacy of the operator's risk management and internal control systems.
For supervisory purposes, the National Bank may use regulatory reports, inspection findings, information on the issuance and circulation of digital assets, complaints from individuals and legal entities, information received from government authorities, and data on the operator's risk management and internal control systems.
The Rules provide for three types of limited supervisory measures: (i) a mandatory written order, (ii) a written warning, and (iii) a written agreement between the National Bank and the market participant.
The National Bank will also maintain a register of imposed supervisory measures and publish information on its official website, including details of the relevant market participant and the type of measure imposed. The application of one supervisory measure does not prevent the National Bank from imposing additional measures where appropriate.
The Rules also set out the procedure for implementing supervisory measures. They establish deadlines for notifying the National Bank once violations have been remedied, require the submission of a corrective action plan following a written order, provide for interim progress reports where implementation takes longer, and allow compliance deadlines to be extended where objectively justified.
In addition, written agreements between the National Bank and market participants may include mandatory corrective actions, implementation deadlines, and applicable restrictions.
The Rules are intended to establish a consistent supervisory framework for Kazakhstan's digital asset market, improve the transparency of digital asset platform operators, and strengthen risk management across the sector.
10. Amendments to Legislation on Gas Supply and Commercial Gas Consumption10
In May 2026, Kazakhstan adopted the Law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Gas Supply and the Electric Power Industry," introducing comprehensive changes to the regulation of gas supply and commercial gas consumption.
One of the key amendments introduces a mechanism for the gratuitous transfer of facilities forming part of the unified commercial gas supply system, constructed using budget funds, from local executive authorities to the national gas operator or to gas transmission and gas distribution companies in which the national operator holds a controlling interest. This measure is intended to centralize the management of gas infrastructure and improve its operational efficiency.
The Law also strengthens the regulation of commercial gas consumption by introducing a mechanism for applying surcharge coefficients to retail gas prices where approved consumption limits are exceeded. At the same time, the authorized state body has been empowered to approve the rules governing the calculation of such prices.
In addition, the powers of the authorized body have been expanded. It will now prepare forecast balances for commercial and liquefied petroleum gas, approve rules for connecting gas supply facilities to distribution systems, and regulate their operation.
The Law also clarifies a number of legal definitions relating to compressed natural gas filling stations, industrial consumers, and municipal utility gas consumers, while introducing additional requirements for the use of commercial gas and the accounting of gas consumption.
Most of the Law's provisions will enter into force 10 calendar days after its first official publication. However, certain provisions concerning the application of surcharge coefficients to retail commercial gas prices will become effective on 1 October 2027.
11. Kazakhstan Ratifies Investment Protection Agreement with China11
On 19 May 2026, Kazakhstan adopted Law No. 293-VIII, ratifying the Agreement (“Agreement”) between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Promotion and Mutual Protection of Investments, signed in Astana on 16 June 2025.
The Agreement is intended to promote a transparent and predictable investment environment while strengthening economic cooperation between Kazakhstan and China. It guarantees reciprocal investment protection, national treatment, most-favoured-nation treatment, fair and equitable treatment, protection against unlawful expropriation with compensation, and the free transfer of investment-related funds.
The Agreement also establishes a comprehensive framework for the resolution of investment disputes between investors and the host state, allowing disputes to be submitted to international arbitration, including the International Centre for Settlement of Investment Disputes (ICSID) and arbitration conducted under the UNCITRAL Arbitration Rules.
At the same time, the Agreement excludes its application to government subsidies, most taxation matters, and public procurement. It also expressly preserves the right of each contracting party to adopt measures necessary to protect public interests, national security, the environment, public health, and financial stability.
Despite its ratification, the Agreement has not yet entered into force. Pursuant to Article 39, it will become effective 30 days after the receipt, through diplomatic channels, of the final written notification confirming that both Kazakhstan and China have completed their respective domestic procedures. Upon its entry into force, it will replace the bilateral investment protection Agreement that has been in effect between the two countries since 1992.
12. Kazakhstan Introduces New Regulatory Criteria for Market Manipulation in the Digital Assets Sector12
On 1 May 2026, the Rules and Criteria for Recognising Conduct in the Digital Financial Assets Market as Market Manipulation (“Rules”), approved by Resolution No. 88 of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market, dated 28 April 2026, entered into force.
The Rules establish a unified framework for identifying and assessing conduct aimed at artificially influencing the price, demand, supply, or trading volume of digital financial assets. Market manipulation is defined as conduct that creates a false or misleading impression regarding the liquidity of a digital financial asset or artificially affects its price contrary to genuine market supply and demand.
The Rules specify a range of activities that may constitute market manipulation, including fictitious transactions, matched orders, large-scale placement and subsequent cancellation of orders (spoofing), dissemination of false or misleading information, and the use by platform operators of confidential client order information for their own benefit.
The Rules also establish the criteria for assessing suspicious trading activity, procedures for market monitoring, circumstances that do not constitute market manipulation, and the obligations of digital financial asset platform operators and trading platform operators to detect suspicious conduct and report it to the competent authority.
The final determination as to whether particular conduct constitutes market manipulation is made by the Agency for Regulation and Development of the Financial Market based on the opinion of its expert committee.
13. New VAT Exemption Categories and Updated Register of Authorized Representatives13
On 24 April 2026, the Minister of Industry and Construction of the Republic of Kazakhstan adopted Order No. 204, introducing amendments to Order No. 390 dated 25 September 2025, which approves the list of authorized representatives eligible to apply the value-added tax (VAT) exemption when selling motor vehicles and/or agricultural machinery purchased directly from their manufacturers. The Order entered into force on 24 April 2026, with certain provisions taking retroactive effect from 1 January 2026.
The Order approves a revised list of authorized representatives entitled to benefit from the VAT exemption. The register has been updated to reflect changes in the composition of organizations meeting the statutory eligibility requirements.
Under Kazakhstan's tax legislation, the VAT exemption applies only to organizations included in the approved register that sell motor vehicles and/or agricultural machinery acquired directly from manufacturers. Inclusion in the register remains a mandatory condition for applying this tax benefit.
14. Kazakhstan Updates the Rules Governing the Unified Accounting System for the Gambling Industry14
Amendments to the Rules governing the Unified Accounting System (UAS) for bookmakers and totalizators were approved by Order No. 72 of the Minister of Tourism and Sports dated 24 April 2026. The amendments will enter into force ten calendar days after their first official publication.
The changes are intended to align the regulatory framework with Kazakhstan's new Digital Code and further enhance the operation of the Unified Accounting System, including participant identification procedures, personal data processing, integration with government information systems, and system functionality.
Among the key amendments are updated legal definitions reflecting the new digital infrastructure, including the introduction of the concepts of the State Personal Data Access Control Service and the Identification Data Exchange Centre (IDEC).
The amendments significantly strengthen participant identification requirements. The UAS operator, or an engaged payment organization, must conduct remote identity verification using information obtained through the IDEC. Participants must also undergo mandatory checks during registration and before placing bets. These checks cover age, self-exclusion, inclusion in the Unified Register of Debtors, and sanctions lists. Individuals failing these checks will be prohibited from making payments or receiving winnings.
The revised Rules also clarify the integration requirements for bookmakers and totalizators. Operators must conclude agreements with the UAS operator, connect their hardware and software systems within 15 working days, complete integration testing, and ensure uninterrupted automated transmission of information. Additional requirements have been introduced regarding business continuity, backup procedures, and data retention for at least five years.
The amendments further strengthen personal data protection requirements. The UAS operator must process, store, and transfer personal data in compliance with personal data protection legislation, tax legislation, and information security requirements. Personal data must be deleted after the statutory retention period following the termination of the business relationship.
The Rules also reaffirm the operator's obligation to transmit information to government authorities, including the tax authorities and the financial intelligence authority, and to monitor internet resources offering gambling services without a valid licence. Websites identified as illegal online casinos, bookmakers, or totalizators must be reported to the competent mass media authority for access restriction within Kazakhstan.
Certain amendments relating to the use of new government digital services and information systems are transitional in nature. Until 12 July 2026, several provisions will continue to apply in an interim version, after which the updated Rules will become fully effective.
15. Kazakhstan Updates the Unified Rules on Apostille Certification15
Kazakhstan has adopted amendments to the Unified Rules on Apostille Certification, which will enter into force on 12 July 2026. The amendments were approved by a joint order of the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of Finance, the Judicial Administration, the Ministry of Culture and Information, the Prosecutor General's Office, the Ministry of Education, the Ministry of Science and Higher Education, and the Ministry of Defence.
The amendments are aimed at further digitalising the apostille process for official documents. The revised Rules introduce new legal concepts, including the E-Apostille digital system, the digital archive, and the digital register of apostilled documents, while also updating the definitions of electronic documents and electronic digital signatures to reflect current legislation.
One of the principal innovations is the formal introduction of electronic apostilles. Electronic apostilles will now be issued as PDF documents containing the apostille certificate together with an electronic or scanned copy of the official document. The documents must be digitally signed by the authorised official using an electronic digital signature (EDS). The result of the public service will be generated through the E-Apostille system and delivered to the applicant's personal account on the e-Government portal via the Digital Government Gateway.
The amendments also establish a centralized digital register that will maintain records and archive all apostilles issued in both paper and electronic formats.
Most of the amendments will take effect on 12 July 2026. However, one provision concerning the procedure for providing apostille-related public services has already been effective since 13 March 2026.
16. Dispute resolution and litigation16
Parts two and three of Article 455 of the Civil Procedure Code of the Republic of Kazakhstan have been declared unconstitutional to the extent that they did not provide for the possibility of reviewing a judicial decision that has entered into legal force on the basis of another judicial decision that has entered into legal force, which establishes circumstances that refute the factual grounds of the previously rendered decision.
Pending the adoption of amendments to the Civil Procedure Code of the Republic of Kazakhstan, the Constitution of the Republic of Kazakhstan and the first part of Article 455 of the Civil Procedure Code of the Republic of Kazakhstan shall apply: a review is permitted if there are material legal facts that became known after the decision took legal effect.
Conditions for applying the new ground for review:
1. a subsequent judicial act (a criminal conviction or an administrative court decision) establishes circumstances that refute the factual basis of a previously rendered civil decision;
2. such circumstances are material to the proper resolution of the case;
3. these circumstances could not have been known to the court when the earlier decision was rendered.
For businesses, this means the introduction of a practical tool for reviewing lost disputes: if, after a civil decision has been rendered, circumstances are established in a criminal or administrative case that refute its factual basis, a party has the right to initiate a review.
The government has been instructed to introduce a bill to amend the Civil Procedure Code of the Republic of Kazakhstan accordingly within six months.
17. Corporate Investigations17
A binding interpretation has been issued regarding the provision mandating the termination of an employment contract with an employee of a quasi-public sector entity for committing a corruption offense.
Previously, the provision applied to all employees of quasi-state-owned companies without exception. The Constitutional Court ruled that applying the provision to employees whose duties are not related to the exercise of state authority is disproportionate and unconstitutional.
Mandatory termination of an employment contract for a corruption offense is permitted exclusively with respect to the following categories of employees:
1. persons performing managerial functions in state organizations or entities of the quasi-public sector;
2. persons authorized to make decisions regarding the organization and conduct of procurement, or those responsible for the selection and implementation of projects financed from the state budget or the National Fund, holding a position no lower than that of the head of an independent structural unit;
3. employees of the National Bank of the Republic of Kazakhstan and its agencies, as well as the authorized body for the regulation and supervision of the financial market and financial institutions;
4. employees of the State Corporation “Government for Citizens” who directly provide public services or have access to citizens’ personal data;
5. other individuals explicitly classified as persons authorized to perform public functions, in accordance with the anti-corruption legislation of the Republic of Kazakhstan.
The rule on mandatory dismissal no longer applies to rank-and-file employees in blue-collar and administrative positions whose job duties are not related to management, decision-making, or the exercise of public authority.
For companies in the quasi-public sector, this means that the functional status of a specific position must be analyzed when making personnel decisions regarding employees convicted of corruption. The dismissal of an employee who does not fall under this interpretation may be deemed unlawful by a court.
The government has been instructed to introduce a corresponding bill within one year.
18. Double taxation avoidance agreement with Oman18
The Law of the Republic of Kazakhstan ratified the Agreement between the Government of the Republic of Kazakhstan and the Government of the Sultanate of Oman for the Avoidance of Double Taxation and the Prevention of Tax Evasion with Respect to Taxes on Income and Capital, signed in Astana on May 29, 2025.
The agreement covers corporate income tax, personal income tax, and property tax on the part of Kazakhstan, as well as income tax on the part of Oman.
Key provisions:
1. Dividends, interest, royalties, and fees for technical, managerial, and consulting services are subject to withholding tax at a rate not exceeding 10%;
2. Full exemption from withholding tax is provided for dividends and interest paid to government entities. On the Kazakhstani side, these include: the Government of the Republic of Kazakhstan, the National Bank, Samruk-Kazyna, Baiterek, the Development Bank of Kazakhstan, Kazyna Capital Management, the National Investment Corporation of the National Bank, and the Unified Pension Fund;
3. Income from business activities is taxed only in the country where the company is resident; another country has the right to tax such income only if the company has a permanent establishment on its territory. The threshold for construction projects and services is more than six months within any twelve-month period;
4. Income from the sale of shares in a company, more than 50% of whose value is directly or indirectly derived from real estate in one of the countries, may be subject to tax in the country where such real estate is located—this is important to consider when structuring M&A transactions;
5. Income earned by an employee on a business trip is not subject to tax in the country of employment provided that all three of the following conditions are met: the stay does not exceed 183 days in any twelve-month period, the employer is not a resident of the country of employment, and the expenses are not borne by the employer’s permanent establishment there;Pensions are taxable only in the recipient’s country of residence.
The agreement contains an anti-abuse clause: tax benefits are not granted if obtaining such a benefit was one of the main purposes of the transaction or arrangement.
The Agreement enters into force on the date of receipt of the last written notification of the completion of domestic procedures by both States. It applies to withholding taxes as of January 1 of the year following the year of entry into force; to other taxes, as of the tax periods of the same year.
19. The EAEU unified transit system19
The EAEU Unified Customs Transit System. Law of the Republic of Kazakhstan No. 303-VIII of June 10, 2026, ratified the Agreement on the Unified Customs Transit System of the Eurasian Economic Union and a Third Party (Third Parties), signed in St. Petersburg on December 26, 2024.
The Agreement establishes the legal framework for the unification of customs transit between EAEU member states and acceding third countries. The system is based on four elements:
1. a single electronic transit declaration instead of a separate set of documents at each border;
2. a single guarantee for the payment of customs duties and taxes, valid along the entire route of the goods;
3. tracking seals—electronic devices for monitoring the location and integrity of the cargo throughout its entire route without opening the shipment at each customs post;
4. mutual recognition by the customs authorities of the participating states of the decisions and results of inspections conducted by the other party.
The specific terms for applying the system with each third country are determined by separate international treaties between the EAEU and such countries. The Agreement enters into force upon receipt by the depositary (EEC) of the final notification that all EAEU member states have completed their domestic procedures.
20. Disclosure of tax information to external government audit agencies20
In June 2026, the Rules on Cooperation Between State Revenue Authorities and External State Audit and Financial Control Authorities Regarding the Disclosure of Information Constituting Tax Secrets Without the Taxpayer’s Written Consent entered into force.
State revenue authorities are now required to disclose tax secrets and confidential customs information to external state audit authorities (the Supreme Audit Chamber) upon their request—without obtaining permission from the taxpayer. Previously, such disclosure required the written consent of the person being audited.
State revenue authorities are required to transfer the information within 10 business days of receiving the request.
Methods of transmission:
on paper;
on electronic media;
via the Unified Transport Medium of Government Agencies, provided there is digital interoperability between the systems of the State Revenue Committee and the Supreme Audit Office.
The list of information to be provided includes:
taxpayers’ personal accounts and related data;
tax forms and related data;
results of tax audits;
information from the state taxpayer database;
data on offsets and refunds of taxes, late payment penalties, and fines;
information on methods of ensuring compliance with tax obligations;
information on enforcement measures for tax arrears;
data on appeals against the results of tax audits;
information from authorized agencies regarding taxpayers and taxable entities;
information on the write-off of taxes and penalties;
analytical reports based on tax returns;
information from electronic invoices, including the supplier’s and recipient’s details, and data on goods, works, and services.
The information received may not be disclosed by officials of external audit agencies either during the performance of their duties or after their term of office has ended. External audit agencies are required to approve a list of officials who have access to the information provided.
21. Government geological surveys of subsoil resources for groundwater21
In June 2026, the Rules for Organizing and Conducting State Geological Surveys of Subsurface Resources for Groundwater came into effect.
State geological surveys of subsoil resources for groundwater are conducted to update geological information on subsoil resources, create geological maps, and identify prospective mineral resources. Funding is provided from the republican budget and other sources not prohibited by public procurement legislation.
Planning is carried out by the authorized body for subsoil exploration, taking into account the level of hydrogeological knowledge of the territory and socio-economic development priorities. A site-specific plan is developed, allocating funds by type of work within the framework of short-term, medium-term, and long-term planning. The national operator in the field of geology organizes and carries out the work based on the approved work plan.
The work is carried out in stages and includes:
the preparatory stage;
the field stage;
the office stage;
the preparation of a report on the results of geological exploration work.
The final report is submitted to the national geological fund and the geological funds with jurisdiction over the relevant territory. The report is made publicly available on the Unified Subsurface Use Portal within two months of the date the certificate of completion is signed.
22. Operation of wells and monitoring of hydrocarbon field development22
In June 2026, amendments to the Uniform Rules on the Rational and Comprehensive Use of Subsurface Resources took effect.
Definitions have been introduced and clarified for temporary well operation, conservative operating mode, complex projects, hydrocarbon deposits and fields, trial production, well testing, and methods for increasing oil recovery. The rules apply exclusively to the exploration and development of hydrocarbon deposits; they do not apply to other types of mineral resources.
Technical criteria for a conservative operating regime during the temporary operation of exploration and appraisal wells. Numerical parameters for permissible operation during the exploration phase have been established.
For oil reservoirs:
Temporary production is permitted only by the open-hole method;
Temporary production is not permitted for fields with a gas cap;
Bottom-hole pressure must not be less than 0.85 times the formation pressure;
The gas factor must not exceed the gas content by more than 10%;
For simple projects, a reduction in formation pressure is permitted annually by up to 5%, for a total of up to 30% of the initial pressure, but not below saturation pressure;
For complex projects—annually by up to 3%, for a total of up to 50%;
Water cut—up to 70%; If these limits are exceeded, temporary operation is prohibited.
For gas and gas condensate reservoirs:
bottom-hole pressure—not less than 0.95 times the reservoir pressure;
reduction in reservoir pressure—up to 2% annually, up to a total of 30% of the initial pressure, but not lower than the condensation onset pressure;
water cut—up to 25%; if exceeded, temporary production is prohibited.
A new Appendix 3 to the Rules has been approved, establishing the minimum frequency of a comprehensive set of studies for oil and gas-oil fields. The studies are categorized into four development stages based on the recovery rate of recoverable reserves:
commissioning stage—up to 15% recovery;
production stabilization stage—15 to 40%;
natural decline stage—40 to 65%;
late (final) stage—over 65% recovery.
This phased approach applies both to the field as a whole and to individual development units—formations, reservoirs, and production facilities.
A classification of enhanced oil recovery methods has been introduced, distinguishing between conventional (primary and secondary) and specialized (tertiary) methods. A procedure has been established for calculating the volumes of hydrocarbons produced using special methods: the volume is defined as the difference between the actual production level and the projected baseline level without the use of such methods, calculated using analytical or numerical methods (geological-hydrodynamic model).
- Order of the Acting Minister of Justice of the Republic of Kazakhstan dated 21 November 2025, No. 687 “On Amendments to the Order of the Acting Minister of Justice of the Republic of Kazakhstan dated 29 May, 2020, No. 66 ‘On Approval of the Rules for the provision of public services in the sphere of state registration of legal entities and registration of branches and representative offices’.
- Resolution of the Government of the Republic of Kazakhstan dated 21 April 2026, No. 301 “On the Establishment of the Special Economic Zone ‘Alatau Industrial and Trade-Logistics Complex’”
- Law of the Republic of Kazakhstan No. 287-VIII ZRK dated 8 May 2026 on the Ratification of the Agreement on Strategic Partnership and Cooperation between the Republic of Kazakhstan and the United Kingdom of Great Britain and Northern Ireland
- Decree of the President of the Republic of Kazakhstan dated 31 March 2026, No. 1219 “On Signing the Agreement on the Admission of Brokers and Dealers of One Member State of the Eurasian Economic Union to Participate in Organized Trading of Exchanges (Trading Organizers) of Other Member States.”
- Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 31 March 2026, No. 29 “On Amendments to Certain Resolutions of the Board of the National Bank of the Republic of Kazakhstan on Issues of Currency Regulation and Currency Control.” Registered with the Ministry of Justice of the Republic of Kazakhstan on 3 April 2026, No. 38317.
- Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated 14 April 2026, No. 170 “On Approval of the Rules for Conducting an Auction for Mineral Exploration on a Newly Free Block.”
- Order of the Acting Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan from 19 September 2024 № 566/HҚ “On Amendments and Additions to the Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan from 12 June 2023 № 179/HҚ ”On Approval of the Rules of implementation by the owner and (or) operator, as well as a third party measures to protect personal data. Entered into force on 8 January 2025.
- Resolution of the Board of the National Bank of the Republic of Kazakhstan dated 10 April 2026, No. 39 “On Approval of the Rules for the Issuance, Placement, Circulation (Trading), and Redemption of Digital Financial Assets.”
- Resolution No. 49 of the Board of the National Bank of the Republic of Kazakhstan dated 29 April 2026, "On Approval of the Rules for the Application of Limited Supervisory Measures to Operators of Digital Financial Asset Platforms and Digital Asset Trading Platforms." Effective date: 1 May 2026.
- Law of the Republic of Kazakhstan No. 322-VIII dated 24 June 2026, "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Gas Supply and the Electric Power Industry." Not yet in force. Effective date: 1 October 2027.
- Law of the Republic of Kazakhstan No. 293-VIII dated 19 May 2026, "On the Ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Promotion and Reciprocal Protection of Investments."
- Resolution No. 88 of the Board of the Agency of the Republic of Kazakhstan for Regulation and Development of the Financial Market dated 28 April 2026, "On Approval of the Rules and Conditions for Recognizing Conduct in the Digital Financial Assets Market as Market Manipulation." Effective date: 1 May 2026
- Order No. 204 of the Minister of Industry and Construction of the Republic of Kazakhstan dated 24 April 2026, "On Amendments to Order No. 390 dated 25 September 2025." Effective date: 24 April 2026
- Order No. 72 of the Minister of Tourism and Sports of the Republic of Kazakhstan dated 24 April 2026, "On Amendments to the Rules Governing the Operation of the Unified Accounting System and the Transfer of Information Contained Therein." Effective date: 17 May 2026.
- Joint Order No. 289 of the Minister of Justice of the Republic of Kazakhstan dated 27 March 2026, Order No. 283 of the Minister of Internal Affairs dated 17 April 2026, and the corresponding orders of the other competent state authorities, "On Amendments to the Unified Rules for Issuing Apostilles." Effective date: 12 July 2026.
- Normative Ruling No. 88-NP of the Constitutional Court of the Republic of Kazakhstan, dated June 12, 2026
- Normative Ruling No. 84-NP of the Constitutional Court of the Republic of Kazakhstan, dated June 9, 2026
- Agreement between the Government of the Republic of Kazakhstan and the Government of the Sultanate of Oman for the Avoidance of Double Taxation and the Prevention of Tax Evasion with Respect to Taxes on Income and Capital, and the Protocol dated May 29, 2025
- Agreement on a Unified Customs Transit System of the Eurasian Economic Union and a Third Party (Third Parties) dated December 26, 2024
- Joint Regulatory Resolution No. 4-НҚ of the Supreme Audit Chamber of the Republic of Kazakhstan dated May 14, 2026, and Order No. 308 of the Minister of Finance of the Republic of Kazakhstan dated May 15, 2026 On the Approval of the Rules for Interaction Between State Revenue Authorities and External State Audit and Financial Control Authorities Regarding the Disclosure of Information on Taxpayers (Tax Agents) Constituting Tax Secrets Without Obtaining Written Consent from the Taxpayer (Tax Agent), and Confidential Information
- Joint Order of the Minister of Industry and Construction of the Republic of Kazakhstan No. 249 dated May 20, 2026, and the Minister of Water Resources and Irrigation of the Republic of Kazakhstan No. 156- НҚ dated May 20, 2026 On the Approval of the Rules for Organizing and Conducting State Geological Surveys of Subsurface Resources for Groundwater
- Order of the Minister of Energy of the Republic of Kazakhstan No. 157-НҚ dated April 16, 2026 On Amending and Supplementing Order of the Minister of Energy of the Republic of Kazakhstan No. 239 dated June 15, 2018, “On the Approval of Uniform Rules for the Rational and Comprehensive Use of Subsurface Resources”
