Environmental requirements are imposed by Kazakhstani legislation not only on business activities in general but also on specific raw materials, products, and equipment. It should be noted that these requirements are imposed generally to suppliers or contractors who manufacture or sell certain products, raw materials, or equipment. However, violation of certain requirements may obstruct the use of such goods by entities that purchase them.

For instance, the import and export of ozone-destroying substances and products that contain such substances; performing work activities using ozone-destroying substances; and the repair, assemblage, and maintenance of equipment containing such substances are allowed only under a special permit from environmental authorities. For unimpeded use, it is necessary to demand a certificate of conformity issued by an accredited authority in the Republic of Kazakhstan or a foreign company from the seller in advance. The certificate should be recognised in the Republic of Kazakhstan in the manner prescribed by law. The lack of such a certificate may result in a ban on import by a buyer of the purchased equipment to the Republic of Kazakhstan.

Sometimes non-compliance of materials or equipment with environmental requirements can result not only in the impossibility of use but also in holding a buyer legally liable for the simple storage of such substances. For example, sometimes it is discovered that construction materials don’t comply with radiation safety standards after they’ve been purchased. The storage of unused materials means there is a risk that their owner can be held responsible for any environmental damage. For this reason, companies may need the following legal services when signing and executing agreements::

  • development of a complete list of environmental requirements of Kazakhstani legislation, which are imposed on import, export from the Republic of Kazakhstan, storage, operation or disposal of certain kind of products, materials or equipment;
  • analysis of agreements and assessment of legal consequences of their implementation, which may arise from environmental requirements of Kazakhstani legislation to products, materials, and equipment;
  • development of a complete list of permits required for import, export from the Republic of Kazakhstan, storage, operation or disposal of certain kind of products, materials or equipment.

GRATA International has considerable experience in rendering such services, and will be happy to provide assistance for your business.

  • analysis of provisions of the EPC Contract for compliance with requirements of environmental legislation of the Republic of Kazakhstan.

Name Position Contacts
Bakhodir Jabborov Managing Partner Inquire
Nurbol Kissembayev Partner, Branch Director Inquire
Leila Makhmetova Counsel, Director of Environmental Law Department Inquire
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01.06.2017

Legislation of the Republic of Kazakhstan on Support for Use of Renewable Energy Sources

In Strategic Development Plan of the Republic of Kazakhstan until 2020, it is noted that one of the directions for successful diversification of the economy is the introduction of modern technologies based on renewable resources and energy sources.

26.10.2015

GRATA International Training Centre Held Training Seminars

On 15 and 16 October 2015, the Training Centre of GRATA International organised training seminars

17.04.2015

GRATA Representatives Gave a Report at OILTECH Atyrau 2015

On 14-15 April, in Atyrau there was the 9th Atyrau Regional Oil Technological Conference - OILTECH Atyrau 2015.

17.09.2010

Review of Judicial Practice on Environmental Disputes Involving Subsoil Users

In Kazakhstani practice, environmental disputes arise quite often and their number is steadily increasing.

17.09.2010

Environmental Inspections: Practical Recommendations for Subsoil Users on Supporting and Appealing Environmental Inspections

Every subsoil use company is subject to regular environmental inspections, in the course of which the state inspectors often breach the letter of the law on their implementation.

17.09.2010

Environmental Due Diligence as an Instrument Minimising the Risks Imposed by Environmental Inspections

Today it is very hard to imagine the acquisition of a participatory interest in a subsoil use company without carrying out a due diligence, which includes an environmental due diligence.

29.09.2010

Issues on the unilateral termination of subsoil use contracts

Disputes in relation to the unilateral termination of subsoil use contracts (the ‘Contract’) form a substantial part of the litigated cases on the rights stipulated by the legislation on subsoil.

29.09.2010

Issues concerning the acquisition of a right to land plots required for subsoil use operations

There is no way to conduct an exploration and/or production of minerals without using the land located above the contracted territory.

25.05.2011

Environmental inspections: practical recommendations for subsoil users on supporting and appealing environmental inspections (as amended by the Law of the RoK ‘On state control and supervision in the Republic of Kazakhstan’ dated 06 January 2011)

Every subsoil use company is subject to regular environmental inspections, in the course of which the state inspectors often breach the letter of the law on their implementation.

08.10.2013

On Both Sides of the Caspian Sea', a comparative analysis of the investment law in Kazakhstan and Azerbaijan exclusively for PETROLEUM Analytical journal

The experts of GRATA Law Firm exclusively for PETROLEUM conducted a comparative analysis of the investment law in Kazakhstan and Azerbaijan.

24.04.2014

Preparing a package of documents for participation in trading quotas for greenhouse gas emissions

According to the National Quota Allocation Plan for Greenhouse Gas Emissions for 2013, a number of large companies are included in the list of operators, which obtained a quota for greenhouse gas emissions for 2013.

26.02.2014

Risks in Trading Quotas for the Emission of Greenhouse Gases

On March 26, 2009 the Republic of Kazakhstan ratified the Kyoto Protocol of the United Nations Framework Convention on Climate Change (“Protocol")

31.01.2014

GRATA's Environmental Law Department has won the court proceedings for the benefit of a subsoil user

In January 2014, the Environmental Law Department has won the court proceedings for the benefit of a subsoil user. The first-instance court has denied the environmental authority to recover environmental damages caused by dust emissions.

17.07.2014

On 27 June 2014, the AmCham Economic Policy Forum was held in the Radisson Astana Hotel

The Forum featured speeches by the Minister for Environment and Water Resources of Kazakhstan, Mr Kapparov and the US Ambassador in Kazakhstan - Mr Ordway.


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Key contacts

Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

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