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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16.08.2018

Renewable energy projects – next destination for investments in Kazakhstan

Renewable energy development has recently become hot topic in Kazakhstan that is actively being discussed among market existing and potential participants, relevant state bodies including the Ministry of Energy of the Republic of Kazakhstan (the “MoE”), international development institutions and other stakeholders.

 

15.08.2018

On the Court and Arbitration at the Astana International Financial Center: A Practical Perspective on What They Can Offer to Kazakhstani businesses

In early July this year we witnessed the opening of the Astana International Financial Center (AIFC). We have seen a large number of reports in the media on the Court and Arbitration at the AIFC, but little has been said specifically on what exactly they can offer to Kazakhstani businesses.

 

15.08.2018

China’s Belt and Road initiative in Kazakhstan and opportunities for Islamic finance

Kazakhstan has high ambitions in China’s Belt and Road initiative (BRI) as it is geographically an ideal junction between China and the west.

15.08.2018

GRATA International - leading author of Mondaq of Russian Federation in July

During the Month of July 2018 GRATA International (Russian Federation) generated the most usage from Mondaq users for the  category of commercial law.

15.08.2018

GRATA International - ведущий автор Mondaq Российской Федерации в июле

В июле 2018 года наибольшее количество обращений пользователей Mondaq по вопросам коммерческого права получила GRATA International (Россия).

03.08.2018

Что изменилось для застройщиков с 1 июля 2018 года (РФ)

С 01 июля 2018 г. вступили в силу изменения в 214-ФЗ (Федеральный закон «Об участии в долевом строительстве многоквартирных домов и иных объектов недвижимости» от 30 декабря 2004 года), которые значительно усилили требования к Застройщикам.

02.08.2018

Competition Regulation in Mongolia

The competition law regulates matters related to the creation of conditions for fair competition in the market for business entities, identification and implementation of legal and organisational grounds for prohibition, restriction and prevention of any activities impeding competition.

31.07.2018

Common market of medicines in the Eurasian Economic Union: clinical trials

On 17 July 2018, the Board of the Eurasian Economic Commission (EEС) adopted the following acts aimed at regulation of the general market of medicines in the Eurasian Economic Union (EAEU):

31.07.2018

Cancellation of duties for state registration of legal entities and individual entrepreneurs

Federal Law No. 234-FZ of July 29, 2013 amended the Tax Code of the Russian Federation providing for the cancellation of the state duties for state registration of:

27.07.2018

Statute of Limitation under Kazakh law: A Practitioner’s Perspective

Rules relating to statute of limitation contained in the Civil Code of the Republic of Kazakhstan (the “Civil Code”) may seem relatively straightforward. However, in our practice we frequently encounter situations where rules relating to the calculation of the statute of limitation are erroneously applied or where their applications to relevant facts create disputes. In this article, the author has attempted to provide a practical perspective on some of the most frequently encountered questions relating to the statute of limitation under Kazakh law and express views on the interpretation of certain rules.

27.07.2018

GRATA International held a Business Breakfast with Members of the CCI France- Kazakhstan

Yesterday, 26 July 2018, GRATA International and the CCIFK held a breakfast meeting with the Chamber members.

23.07.2018

Shaimerden Chikanayev was a speaker at the International PPP Finance Summit in London

On 3-4 July 2018, an International PPP Finance Summit 2018 took place in London, UK.

20.07.2018

Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting

By the end of June of this year Kazakhstan signed the Multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting (MLI).

20.07.2018

Astana International Financial Centre's Law - what is it about?

Modeled on the Dubai International Financial Centre, the Astana International Financial Centre (AIFC) was officially launched on the 5th July this year, established with the aim of bridging the gap between the world’s major fi nancial centers and a regional gateway for capital and investments.

11.07.2018

GRATA International and IQanat Education Fund

On June 20, 2018, GRATA International Law Firm signed a memorandum on cooperation in the area of education with IQanat Public Education Fund.

04.07.2018

GRATA International приняла участие в Kazakhstan Global Investment Roundtable 2018

3 июля 2018 года, в отеле Ritz Carlton Astana под председательством Премьер-министра Республики Казахстан Бакытжана Сагинтаева прошел круглый стол по глобальным инвестициям.

04.07.2018

Yerbolat Yerkebulanov was a speaker at the Astana Legal Forum

On 29 June 2018 Yerbolat Yerkebulanov, Partner of GRATA International (subsoil use practice (Almaty)) was a speaker at the Astana Legal Forum 2018. 

21.06.2018

Yerbolat Yerkebulanov gave a speech at the 25th World Mining Congress

Yerbolat Yerkebulanov, Partner, Head of Subsoil Use department (Almaty) of GRATA International was a speaker at the 25th World Mining Congress (WMC).

20.06.2018

Shaimerden Chikanayev will speak at the PPP seminar

On 19-20 July 2018 a seminar on "Practical aspects of the application of public-private partnership mechanisms for infrastructure development" will be held in Astana.

Why Islamic finance fits well in Kazakhstan’s PPP projects

Since 1991, Kazakhstan, Central Asia’s largest economy and oil producer, has had to rely on the deteriorating infrastructure it inherited from the Soviet Union.

07.06.2018

Yerbolat Yerkebulanov will speak at the 25th World Mining Congress

On 19-22 June 2018 the 25th World Mining Congress (WMC) will be held in Astana.

14.06.2018

Compensation is not limited with the damage amount, according to the Turkish competition rules

In Civil Law and Common Law System, the fundamental of the compensation are separated from each other. In Civil Law System, the punishment of person or persons who cause harm and the prevention of similar behaviour are the adopted remark in determining the compensation of competition law. Meanwhile in Common Law, the logic of compensation for damage, adopted comment in the determination of compensation. 

29.03.2018

Yerbolat Yerkebulanov translated Subsoil Code 2018 into English

Yerbolat Yerkebulanov translated the New Code on Subsoil and Subsoil Use for mining companies into English..


12.06.2018

Shaimerden Chikanayev gave a speech at the Renewable Energy Summit

On 8 June 2018 a Renewable Energy Summit was held in Astana.

11.06.2018

Shaimerden Chikanayev will speak at the International PPP Finance Summit in London

On 3-4 July 2018 an International PPP Summit 2018 will take place in London, UK.

08.06.2018

Gulnur Nurkeyeva took part at the 5th meeting of the Kazakhstan-China Business Council

On 8 June 2018, Gulnur Nurkeyeva, Head of GRATA International's China Desk, took part at the 5th meeting of the Kazakhstan China Business Council in Beijing.

06.06.2018

Implementation of Foreign Court Decisions In Turkey

Recognition and enforcement, which is one of the legal terms, is regulated in International Private and Civil Procedure Law. The point of this regulation is how the decision given by the Foreign Court will be valid in the Turkish Courts.

06.06.2018

Ancillary restraints in the mergers and acquisitions within the scope of Turkish law

Ancillary restraint is frequently one of competition restricting agreements in case of accepted as illegal it can damage market. Because mergers and acquisitions sometimes lose its importance without ancillary restraints.

30.05.2018

Gulnur Nurkeyeva took part at the 100th Anniversary of Azerbaijan's Republic Day

The event was held by the Embassy of Azerbaijan to China to mark the National Independence Day.
The event brought together Azerbaijanis living in China, representatives of various state organisations and companies from Azerbaijan and foreign states.


30.05.2018

Mining Law: 2018 Kazakhstan

The well-known and free-accessed ICLG (International Comparative Legal Guide) series provides current and practical comparative legal information on a range of practice areas, including Mining Law.

The Mining Law 2018 – Kazakhstan with 43 specific issues addressed by GRATA International in view of the then-acting subsoil use legislation was initially published on September 2017.

As the mining legal environment will substantially change after the new Code on Subsoil and Subsoil Use dated 27 December 2017 comes into force on 29 June 2018, GRATA has updated the Kazakhstan chapter accordingly.


29.05.2018

GRATA International on the 5th Caspian Energy Forum in Tbilisi

The 5th Caspian Energy Forum Tbilisi-2018 (www.caspianenergyforum.com) has been held on May 8th, 2018.

24.05.2018

New stage of cooperation between business circles of Uzbekistan and Germany: the proposal to create a German industrial zone in Tashkent

During an IV meeting of the German-Uzbek Business Council which was held in Tashkent, Prime Minister of Uzbekistan Abdulla Aripov invited the largest German companies to open their business in the Republic of Uzbekistan.

24.05.2018

In Uzbekistan small tourist zones will be created

The authorities of Uzbekistan are planning to create three small tourist zones in the Surkhandarya region. Relying to the Resolution of the Cabinet of Ministers, the Basnoi, Sariasiy and Sherabad zones will be established for the development of tourism in the region.

24.05.2018

Incentives for leather and footwear industry in Uzbekistan

In Uzbekistan, it was adopted Presidential Decree, "On measures to further stimulate the development and growth of export potential of leather and footwear and fur industries”.

24.05.2018

SkyPower Global invests US$1.3 billion in solar energy in Uzbekistan

SkyPower Global (Cayman Islands) will invest US$1.3 billion in a project to build photovoltaic solar energy facilities.

24.05.2018

The procedure and rules for the operation of non-governmental non-profit organisations will be significantly simplified

On May 4, 2018, it was signed the Presidential Decree, "On measures to radically increase the role of civil society institutions in the process of democratic renewal of the country", which will amend current regulating system of NGOs, specifically:

 

24.05.2018

World Bank Group President pledges $940 million financing for Uzbekistan’s reforms

World Bank Group President Jim Yong Kim met with Uzbek President Shavkat Mirziyoyev to discuss Uzbekistan’s social and economic transformation and to reaffirm the World Bank Group’s support for reforms to accelerate economic growth and boost shared prosperity, the World Bank reported.

24.05.2018

The companies of Uzbekistan and the US signed a number of agreements in the oil and gas sector and energy

The companies of Uzbekistan and the US signed a number of agreements in the oil and gas sector and energy within the framework of the visit of the President of Uzbekistan Shavkat Mirziyoyev to Washington.
Uzbekistan and leading US companies signed agreements worth about US$5 billion.


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Samat Daumov

Managing Partner, Branch Director

Ust-Kamenogorsk, Kyzylorda, Shymkent, Taraz, Kostanay, Astana, Kokshetau, Petropavlovsk, Pavlodar, Karaganda, Uralsk, Taldykorgan

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