Legislative News

This CLIENT UPDATE includes amendments to the legislation of the Republic of Kazakhstan in August 2011.

Most of these regulatory legal acts concern a public sector, but among them there are some which may attract your attention and effect 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 No.478-IV dated 22 July 2011«On introduction of amendments to certain legislative acts of the Republic of Kazakhstan on migration population”

The Law toughened administrative punishment for staying in the territory of the Republic of Kazakhstan by foreign individual or stateless person with violation of rules of stay and introduced administrative punishment for repeated violation of rules of stay.

Also, the Law toughened administrative punishment for violation of rules of stay of foreign individuals in the Republic of Kazakhstan by employees and as well as for conducting labor activities by foreign individual and stateless person. The Law amends other regulatory legal acts in order to bring them into conformity with the Law “On Migration”.

The Law came into force on 17 August 2011, except certain provisions provided by the Law.

Law of the Republic of Kazakhstan No. 477-IVdated22 July 2011 “On Migration of population”

The purpose of the Law is further improvement the processes of migration, assistance to internal migrants, as well as oralmans. The Law establishes the following types of migration:

1) return to historic motherland;

2) family reunification;

3) obtaining education;

4) employment;

5) for humanitarian and political reasons.

The Law also establishes categories the following types of migrants for employment purposes:

1) Foreign employees – immigrants, who arrived or attracted by employer for conducting of labor activities in the territory of the Republic of Kazakhstan;

2) Business immigrants – immigrants, who arrived with purpose of conducting entrepreneurship activities in accordance with legislation of the Republic of Kazakhstan;

3) Seasonal foreign employees – immigrants, attracted by employer for conducting seasonal work, which due to climatic or other environmental conditions are conducted within the specified period (season), but not more than one year.

The Law establishes the following two types of permits for work in the territory of the Republic of Kazakhstan:

1) work permit for employers to attract foreign labor force;

2) work permit for foreign employees to conduct labor activities.

The law came into force on17August, 2011, except certain provisions provided by the Law.

Law of the Republic of Kazakhstan no.475-IV dated 22 July 2011 “On introduction of amendments to some legislative acts of the Republic of Kazakhstan on organization of Islamic Finance”

The Law introduced certain amendments to some regulatory legal acts in order to develop legislation in the field of Islamic finance.

The law came into force on 6 August 2011, except certain provisions provided by the Law.

Law of the Republic of Kazakhstan NO.469-IV dated21July 2011 “On Special Economic zones in the Republic of Kazakhstan”

Law of the Republic of Kazakhstan no.470-IV dated21 July 2011 “On amendmentsto certain legislative acts of the Republic of Kazakhstan on special economiczones”

These Laws were adopted for development of regulation of creation, functioning and abolition of Special Economic Zones (hereinafter the “SEZ”) in the territory of the Republic of Kazakhstan.

In accordance with the Laws, the legal entities and individual entrepreneurs can conduct priority activities and supplementary activities in the territory of the SEZ. The Law “On Special Economic Zones in the Republic of Kazakhstan” provides special tax and customs privileges for those, who carry out priority activities. Also it provides a simplified procedure for attraction of foreign employees into the territory of SEZ.

The Law came into force on 17 August2011, except certain provisions provided by the Law.

Resolution of the Government of the Republic of Kazakhstan no.924 dated16 August 2011“On approval of Regulation of import into the territory of the Republic of Kazakhstan from the countries non-members of the Customs Union and export from the Republic of Kazakhstan into these countries of precious metals and raw goods, containing precious metals and on amendments to the decree of Government of the Republic of Kazakhstan No 1237 dated26 November 2004 “certainissuesof the Ministry ofIndustry and new technologiesofthe Republic ofKazakhstan”.

Regulations of imports into the territory of Republic of Kazakhstan from the countries non-members of the Customs Union and export from Republic of Kazakhstan into these countries of precious metals and raw goods, containing precious metals (hereinafter – Regulations) are adopted in accordance with Regulation of import on the customs territory of the Customs Union within EurAsEC and export of precious metals, and raw goods, containing precious metals from the customs territory of the Customs Union within EurAsEC (hereinafter-Provisions), approved by the Interstate Council of EurAsEC(the supreme authority of the Customs Union) No. 19 dated27 November 2009 “On unified non-tariff regulation of Customs Union of the Republic of Belarus, Kazakhstan and Russian Federation”

Resolution came into force on 16 August 2011

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.