Our firm retains the leading position in the area of subsoil use. Our highly qualified team of lawyers is able to demonstrate that they can handle the technical and legal complexity of subsoil use contracts, production sharing agreements, joint exploration contracts, concessions, and more.
Oil and Gas
- advise on obtaining a permit of competent authority and waiver of pre-emption rights to transfer subsoil use rights and its related objects;
- advise on issues of geological and mining allotments, including how to obtain them;
- advise on issues of prolongation of terms of exploration, production, as well as terms necessary for estimation of commercial discovery;
- advise on issues of local content, including whilst procurement of goods, works and services;
- advise on issues of amendment of working programme and other conditions of subsoil use contract;
- advise on issues of termination of subsoil use contract.
- Contract for Drilling Works and Other Services Agreements
- Exploration and Production of Minerals in the Republic of Kazakhstan
- Kazakhstani Content Requirements Related to Purchasing Goods, Works and Services
- Personal Taxation
- Pledge of a Subsoil Use Right
- State Pre-Emptive Right on Acquisition of a Subsoil Use Right
- Termination of Subsoil Use Contract
- Transactions with Strategic Objects
- Transfer of Subsoil Use Right and Related Objects
- advising on the issues of applying the procedure for purchasing goods, works and services by subsoil users;
- advising on the issues of methods of local content calculation in course of purchasing goods, works and services;
- advising on different mechanisms for structuring of personnel policy of subsoil users (retaining foreign employees in case of increasing the local content percentage);
- drafting additional agreements to the subsoil use contracts in connection with the changes in the percentage of local content.
- advising various international and Kazakh companies in connection with drafting subsoil use contracts (exploration, production, combined exploration and production), analysis of provisions of model contracts; advising international company in connection with extension of validity term of the contract for exploration/production;
- advising international oil company in connection with proposed purchase of the large oil deposit in Kazakhstan;
- advising a large foreign subsoil user concerning introduction of amendments to the work program; advising a large uranium company in connection with subsoil use issues relating to transition from exploration to production stage.
- advising Kazakhstani and international clients in connection with the drafting of various types of complex commercial agreements, including a bare boat charter agreement and drilling agreements for exploration wells;
- advising a large Kazakhstani subsoil user in connection with commercial risks under the contract for drilling exploration wells;
- advising a large foreign subsoil user in connection with conclusion of contracts for drilling works and services agreements for other works performed when drilling exploration wells.
- advising a large Russian company on the acquisition of large coal assets and subsoil use right in Kazakhstan (conducting a complex legal analysis (due diligence), transaction structuring, drafting sale-and-purchase agreement, obtaining permit from the competent authority and the state waiver of its pre-emptive right);
- advising a large international company on the proposed acquisition of an oil company owning assets in Kazakhstan, including due diligence;
- advising a large Korean mining company on the proposed acquisition of several Kazakhstani mining companies, including legal audit, development of agreements, drafting memorandums and official legal opinions;
- advising a top-tier Kazakhstani holding on development of subsoil use contracts regarding coal deposits, approval of the contract with state working groups, registration, completion and approval of amendments to the subsoil use contract;
- advising one of the foreign participants in the Production Sharing Agreement on changes in work program and procedure of procurement of goods, works and services under the subsoil use contract;
- advising a large group of Russian companies in connection with obtaining approvals under Kazakhstani subsoil legislation within the frameworks of selling a Kazakhstani gold-mining company;
- advising a Russian law firm on the necessity to obtain the consent of the competent authority and the state waiver of its pre-emptive right in connection with the issue of Eurobonds by the parent company owning oil assets in Kazakhstan.
- advising on transfer of subsoil use right or/and related objects (interests, block of shares in legal entity holding the subsoil use right) into pledge;
- advising in connection with drafting application for obtaining permit to transfer subsoil use right or/and related objects into pledge (surcharge) and representation of interests of a client at the stage of consideration of the application by the competent authority;
- advising in connection with drafting pledge agreement for subsoil use right and related objects;
- registration of pledge agreement with the competent authority;
- advising on levying of execution on the pledged subsoil use right and related objects including procedure for pledge selling.
- advising a subsoil user in connection with transfer of the subsoil use right and related objects into the charter capital of a legal entity;
- advising a Kazakhstani subsoil user in connection with drafting agreement of sale and purchase of participatory interest;
- advising a Kazakhstani subsoil user in connection with sale of participatory interest, including procedure for obtaining the state waiver of its pre-emptive right and approval of the competent authority to transfer the subsoil use right;
- advising a subsoil user in connection with preparation and support of the application for obtaining the state waiver of its pre-right emptive and approval to transfer the subsoil use right and related objects;
- advising a subsoil user in connection with amending the subsoil use contract in connection with transfer of the subsoil use right.
- advising a foreign consortium having a subsoil use right in Kazakhstan, in connection with the sale of participatory interest in a company;
- advising a Kazakhstani subsoil user in connection with sale of its subsidiary;
- advising in connection with transfer of participatory interests of a foreign company indirectly holding the subsoil use right in Kazakhstan;
- advising a national company on the acquisition of the subsoil use right;
- advising a Kazakhstani subsoil user in connection with negotiations related to transfer of a subsoil use right with state authorities of the Republic of Kazakhstan.
- advising on the issues of encumbering strategic objects;
- drafting an application for obtaining permit for encumbrance of strategic object and representation of interests of a client at the stage of consideration of the application by the competent authority;
- drafting a pledge agreement for a strategic object;
- drafting a lease agreement for a strategic object and registration thereof with the competent authority;
- advising on the issues of the placement of shares in the organised securities market by the owner of a strategic object;
- registration of the pledge agreement for a strategic object with the competent authority.
- providing blue chip Russian company with consultations concerning acquisition of large coal assets and the subsoil use right in the Republic of Kazakhstan (conducting of a complex legal due diligence), consultation regarding transaction structure, drafting of the sale and purchase contract, obtainment of the permission from the competent body and waiver of state’s pre-emption right);
- providing the international oil company with consultations concerning prospective acquisition of the largest Kazakhstani oil field, preparation of memorandums;
- providing a big international company with consultations concerning possible acquisition of the oil company having assets in Kazakhstan, including conduction of a complex legal due diligence;
- providing a big Korean mining company with consultations concerning possible acquisition of the several Kazakhstani mining companies, including conduction of a legal audit, drafting of contracts, preparation of memorandums and legal opinion;
- participation in negotiations with JSC EP "KazMunaiGaz" concerning transfer of marginal oil fields;
- drafting of subsoil use contracts concerning coal deposits for the large Kazakhstani holding, adjustment with working groups, registration, preparation and the adjustment of amendments and additions to the subsoil use contract;
- providing one of the foreign participants in the production sharing agreement with consultations concerning amendment of the work programme and procedure of procurement of goods, works and services under the subsoil use contract;
- legal assistance in signing of the subsoil use contracts by the group of Kazakhstani iron ore companies;
- providing blue chip group of the Russian companies with consultations in carrying out a transaction on sale of Kazakhstani gold ore companies concerning obtainments of the consents established by the Kazakhstani subsoil use legislation;
- providing Russian law firm with consultations concerning requirements on obtainment of the competent body’s consent and state’s pre-emption right waiver for Eurobonds issuing by the parent company possessing an oil asset in the Republic of Kazakhstan;
- providing big Chinese oil company with consultations regarding acquisition of the Kazakhstani subsoil user concerning requirements of the subsoil use legislation of the Republic of Kazakhstan;
- providing the biggest uranium company with consultations regarding subsoil use issues in passing from exploration stage to production;
- preparation of the legal opinions concerning a transfer of shares in a subsoil user (a uranium company) and issues regarding status of the shares in such company as strategic objects in accordance with the legislation of the Republic of Kazakhstan;
- providing one of the largest Kazakhstani uranium company with consultations on subsoil use issues and costs reimbursement;
- providing international law firms with consultations concerning the issues on obtainment of the state’s pre-emption right waiver for purchasing of subsoil use right and/or participation shares in the legal entity as well as obtainment of permission on transfer of subsoil use right from the Ministry of Energy and Mineral Resources, Ministry of Oil and Gas or Ministry of Industry and New Technologies;
- preparation of legal opinion for the Kazakhstani oil company concerning operation of abandoned oil wells;
- providing the international bank with consultations concerning re-pledge of subsoil use right within the framework of refinancing of the Kazakhstani oil company;
- providing a Kazakhstani service company with consultations concerning pledge of the drilling equipment;
- preparation of memorandums and legal opinions for the international law firms and large Kazakhstani subsoil users and their shareholders concerning transfer of subsoil use right and/or shares (participation interest) in legal entities possessing subsoil use rights;
- providing Kazakhstani subsoil users and large foreign suppliers with consultations concerning local content matters in subsoil use area.
|Tlek Baigabulov||Senior Partner, Advocate||Almaty||Inquire|
|Yerzhan Yessimkhanov||Partner, Head of Telecommunication & Transport, Construction & Infrastructure Department||Almaty||Inquire|
|Yerbolat Yerkebulanov||Partner, Head of Subsoil Use Department (Almaty)||Almaty||Inquire|
|Maksim Burak||Partner, Head of Subsoil Use Department (Astana)||Astana||Inquire|
|Bakhodir Jabborov||Managing Partner||Tashkent||Inquire|
|Akhmetzhan Abdullayev||Senior Partner, Advocate||Almaty||Inquire|
|Assel Ilyasova||Partner, Head of Tax Law Department||Almaty||Inquire|
|Samat Daumov||Managing Partner, Branch Director||Ust-Kamenogorsk, Kyzylorda, Shymkent, Taraz, Kostanay, Astana, Kokshetau, Petropavlovsk, Pavlodar, Karaganda, Uralsk, Taldykorgan||Inquire|
|Nurbol Kissembayev||Partner, Branch Director||Aktau||Inquire|
|Kanat Seidaliev||Partner, Office Director||Bishkek, Dushanbe||Inquire|
|Almat Daumоv||Partner, Head of Natural Resources Department, Representative GRATA International (Moscow)||Moscow, Almaty||Inquire|
|Aidar Sarymsakov||Senior Partner, Advocate||Almaty||Inquire|
|Elvira Maratova||Counsel, GRATA Kyrgyzstan||Bishkek, Dushanbe||Inquire|
|Paweł Martynek||Partner, Head of Subsoil Use||Warsaw||Inquire|
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As it is known, Kazakhstan adopted a new Code on Subsoil and Subsoil Use dated 27 December 2017 (“Code"), which comes into force on 30 June 2018.
On 19 April 2018, Yerbolat Yerkebulanov, partner of GRATA International (Subsoil Use Dept.) spoke on “Novelties in the Subsoil Code for Petroleum Subsoil Users”.”
Yerbolat Yerkebulanov translated the New Code on Subsoil and Subsoil Use for mining companies into English..
On 27 December 2017, Kazakhstan adopted a new Code on Subsoil and Subsoil Use for mining companies (the “Code”) to come into force six months after its official publication. The Code will replace the current Law on Subsoil and Subsoil Use dated 24 June 2010 save for a limited number of provisions applicable to those subsoil users that will keep their subsoil use contracts without transitioning to relevant subsoil use licences.
The International Comparative legal guide to: Oil&Gas, Kazakhstan Chapter 2014
Interview of Yerbolat Yerkebulanov in the newspaper “Drilling Solutions” No. 3 (October 2015)
As many other countries the Republic of Kazakhstan takes relevant measures to protect interests of national suppliers of goods, works and services
On 14-15 April, in Atyrau there was the 9th Atyrau Regional Oil Technological Conference - OILTECH Atyrau 2015.
The 6th “MINEX Central Asia 2015” Mining and Exploration Forum was held in Astana (Republic of Kazakhstan) from 17 to 19 March 2015.
The Law of the Republic of Kazakhstan No. 271-V 'On the Introduction of Amendments to Some Legislative Acts of the Republic of Kazakhstan on Subsoil Use Issues' was signed on 29 December 2014
China-Russia Oil & Gas Forum gathered to discuss implementation of infrastructure projects and investment opportunities in the area of production and transportation of oil and gas in Russia, China and Central Asia.
In the beginning of 2012, the Subsoil Law (the "Law") was amended with the provisions of subsoil users’ obligation to finance annually scientific research, scientific technical and development works (“NIOKR”).
On 6-7 November 2014 the IX Kazakh Forum of Corporate Lawyers was held in Almaty.
On 15h October 2014, there was a research and practical conference devoted to the development of the Code of the Republic of Kazakhstan 'On Subsoil and Subsoil Use' (Key Issues and Principal Innovations) held in Astana.
The MINEX Forum is one of the largest, most informative and representative industry events in Russia, covering topical issues of exploration, mining and processing of solid minerals in Russia.
There are also numerous Decrees of the RoK Government which regulate specific issues in subsoil use.
A brief outline of Kazakhstan’s natural gas sector.
GRATA Law Firm was represented at the event by Luisa Dyussengaliyeva - Senior Lawyer (Astana).
The Forum brought together more than 500 leaders and experts from Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, Russia, Mongolia, Georgia, Armenia, Canada, Australia, the U.S., Switzerland, Finland, the UK, China and UAE.
Zhanara Iskhakova , partner at GRATA Law Firm, made a presentation at a Round Table on Sustainable Development, organized by the Canada Eurasia Russia Business Association "CERBA", within the GLOBE Business Summit 2014
In May 2013, two Decrees of the Government of the Republic of Kazakhstan – Nos. 133 and 134 (the “RoK GD”) dated 14 February 2013 were published in official national newspapers
As is known, contracts for subsoil use have a special status.This is because they concern the natural resources of the Republic of Kazakhstan and thus the country's vital interests
The President of the Republic of Kazakhstan, Nursultan Nazarbayev, has ordered to cancel the current moratorium on new tenders for granting subsoil use right.
In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business
We would like to draw your attention to recent changes in Kazakh legislation in connection with the adoption of the new draft law entitled "On the Main Pipeline".
Kazakhstan ranks second only to Russia among the countries of the CIS in its quantity of mineral production.
This information was prepared as a general guidance only, and should not be used as a specialized legal conclusion.
During the recent one and a half year we could view a sharp increase in the interest of subsoil users and their contractors to the issues of Kazakhstani content in the procurement of goods, works and services.
In practice, though rather seldom, there are such cases when due to certain reasons a contractor (subsoil user) decides to terminate the subsoil use contract.
We would like to draw your attention to prospective changes in Kazakh legislation Relating to Environmental Issues.
Law of the Republic of Kazakhstan 'On Subsoil and Subsoil Use': a head for the processing of associated and natural gas
A practical cross-border insight into mining law
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