According to the Law of the Republic of Kazakhstan on Subsoil and Subsoil use dated 24 June 2010 (hereinafter – the “Subsoil Law”), to perform subsoil use operations, a subsoil use contract is required (for exploration, production, combined exploration, and production). The draft subsoil use contract shall be developed by the winner of a tender and shall be agreed upon by the competent authority. In connection with this, when supporting projects on acquiring a subsoil use right and conclusion of contracts, our lawyers pay special attention to the terms and conditions of the concluded contract.
Because of the fact that conditions specified in the tender bid for granting of subsoil use rights is to be included in the contract will affect which participant will be considered the winner , legal assistance may often be required even at the stage of preparation and submission of the tender bid.
Since the draft subsoil use contract shall be subject to the obligatory state examination (legal, economic, environmental), the development of the conditions of the draft subsoil use contract should engage not only those lawyers who specialize in mining but also those who practice in the areas of taxation, environment, etc. Our lawyers have extensive experience in drafting subsoil use contracts, and the availability of the branch of our firm in Astana allows us to be regularly informed on the status of subsoil use contracts submitted to the competent authority. Moreover, it allows us to be aware of the contract status at the stage of examination by other state authorities and therefore provide a flexible response in case of the need to complete the draft contract in order to address comments of the respective state authorities.
Changes in the legislation, extension of the contract term, and re-registration of a geological allotment are, as a rule, the grounds for modification of the contract. Amendments to the contract are acceptable upon agreement of the parties. Since an amendment to the contract is an integral part thereof and contains provisions replacing or supplementing any of its terms and conditions, drafting an amendment should be as thorough as drafting of the contract. Our team will assist you in amending the contract and in the settlement of all legal disagreements.
Within support of conclusion of the subsoil use contract, as well as within the procedure for contract modification, our experts offer:
- preparation of the tender bid;
- representation of the Client’s interests when submitting and registering the tender bid, in course of negotiations with the state authorities that are a part of the working group on consideration of the draft contract, in course of approval and examination of the draft contract, as well as when signing and registering the contract;
- drafting the contract and amending final version thereof if required;
- drafting additional agreements to the contract;
- negotiating with the working group and state authorities in course of obtaining necessary approvals and expert evaluations;
- development of final version of the draft additional agreement to the contract, signing and registration thereof.
- 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.
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С 10 по 16 ноября 2017 года Каспийский Университет принял юристов GRATA International в качестве лекторов по актуальным темам.
We are proud announce that GRATA International has been ranked as an Outstanding Law Firm by Asia Law Profiles 2018
On 13 November 2017, in celebration of 20 years of GRATA International in Atyrau, we organised a Doing business in Kazakhstan via a Joint Venture and Consortium seminar.
As a further step in GRATA International’s strategy designed to provide a comprehensive coverage in the Eurasian region, we are pleased to announce the expansion of our Mongolian desk into a significant presence in Ulaanbaatar. Absolute Advocates, a full-service law firm, has started operating as an associate firm of GRATA International with effect from November 10, 2017.
On 7 November 2017, a round table ‘Strategy 2025’ was held in Almaty.
On 2-3 November 2017, the XII Forum of Corporate Lawyers was held in Almaty. GRATA International took part in the Forum as speakers.
On 13 November 2017, in celebration of 20 years of GRATA International in Atyrau we are organising a DOING BUSINESS IN KAZAKHSTAN VIA JOINT VENTURE AND CONSORTIUM seminar.
And again October, and again the time of the rating IFLR1000.
In the company section of IFLR 1000 Financial & Corporate we have gone up and take a worthy place in Tier 2! Similarly, we are located in the section Project Development, which replaced Energy & Infrastructure.
Associate office of GRATA International in Samara RBL law office became a partner of the large industrial park of the Samara region
On 10 November, Bakhyt Tukulov, Partner, Director of the Litigation Practice, will speak at the Caspian University.
Preparations are being made in Belarus for the introduction of a new institute in the consulting sphere - tax advising. Edict of the President adopted on September 19 serves this purpose by approving the Regulation on the activities of tax advisers in Belarus.
On 13 October 2017, in Atyrau, at the Renaissance Hotel, GRATA International hosted a Termination of employment agreement seminar devoted to labour law regulation of the Republic of Kazakhstan.
Статья управляющего партнера Ассоциированного офиса GRATA International в Новосибирске (Россия) USCONSALT Евгении Бондаренко о проверке российского контрагента перед сделкой.
Статья управляющего партнера Ассоциированного офиса GRATA International в Новосибирске (Россия) USCONSALT Евгении Бондаренко о соблюдении ряда обязательных требований при принятии процессуального обращения арбитражным судом Российской Федерации.
GRATA International is delighted to confirm that Shaimerden Chikanayev has been endorsed as a Highly regarded lawyer for Financial & Corporate law following client and peer recommendations during IFLR1000's research process.
On 6 October 2017, the Union of German Economy in the Republic of Kazakhstan and Representative Office of the German Economy in Central Asia held the 19th Day of German Economy in Kazakhstan.
On 5 October 2017, the International Investment Forum - "Almaty Invest" - was held. The Forum platform annually incorporate about 500 high-ranking participants.
11-12 октября 2017 года, ассоциированный офис GRATA International в Новосибирске ЮСКОНСАЛТ совместно с Правительством Новосибирской области и Ассоциации Юристов России организовали межрегиональную практическую конференцию для бизнеса «Государственно-частное партнерство. Просто о сложном».
For Uzbekistan 2017 was marked by numerous changes in the life of the country. The changes accelerated the development of business environment in the country, in particular in Tashkent city.
Одобрена концепция международного Делового Центра Ташкент Сити, который будет размещен на площади 80 Га в центре города Ташкент между проспектом А.Навои, ул. Олмазор, ул. Фурката и проспектом И.Каримова.
Over the past 25 years Kazakhstan has developed its own financial sector, which is considered to be the most advanced in Central Asia. With the evolution of financial sector and the complexities of key players involved, the need for regulation of dealing with data arose.
On 13 October 2017, GRATA International in Atyrau hosts a Termination of employment agreement seminar
GRATA International is launching a new practice in Russia - White-Collar Crime. In keeping with GRATA International's practice of informing about important legal developments that might affect their business, we highlight the impact of criminal law on business in Russian Federation.
On 28 September 2017, the Kazakhstan Legal Forum 2017 will be held in Almaty at the Inter Continental Hotel.
GRATA International Kazakhstan contributed to the International Comparative Legal Guide series - Mining Law 2018 with the chapter on Kazakhstan.
Uzbek government intensifies restructuring of the state apparatus by adding modern-thinking specialists to the management, alongside with radical improvements in legislation, directed to full-scale liberalisation, increasing trade turnover and development of local industry, attracting foreign investors, full transfer to market economy and overcoming such obstacles as corruption, restrictions for payment on current international transactions, tariff and non-tariff barriers.
6-8 September 2017 Europe-Caucasus-Asia Forum was held (former CIS Local Counsel).
On 13-15 September 2017, “2017 Skolkovo Patent School” was held by the Skolkovo Innovation Center in Moscow.
On 19 September 2017 Mining and Metals Working Group Meeting was held in Almaty, Kazakhstan.
On 21-22 September 2017, an International Practical Conference was held at the Caspian University in Almaty.
GRATA International Kazakhstan contributed to the International Comparative Legal Guide series - Franchise 2018 with the chapter on Kazakhstan.
"Current problems of international financial and tax law" international scientific conference will be held on September 21-22 in Caspian University, Almaty.
GRATA International Moscow office contributed to the International Comparative Legal Guide series - Franchise 2018 with the chapter on Russia.
On 15 September 2017, the workshop on ‘Practical Aspects of PPP Projects’ was held in The Ritz Carlton Hotel, Almaty.
GRATA is pleased to announce that Corporate Partner Bolat Miyatov is again a part of our team.
GRATA International Kazakhstan office experts became the contributors of the 2017 edition of The Law Reviews Guide to The Intellectual Property and Antitrust Review 2017 Kazakhstan
On 15 August, Astana hosted the Finnish Energy Forum organised by Business Oulu, Planora, the Finnish Power Club, the Association of Finnish Energy Companies, and Astana Expo-2017
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