According to the Law of the Republic of Kazakhstan “On the Permits and Notifications” No. 202-V dated 16 May 2014 (the “Law”)the following shall be subject to licensing in the area of nuclear energy:

  • works related to life cycle stages of nuclear facilities;
  • radioactive waste management;
  • special training for staff who responsible for ensuring nuclear and radiation safety;
  • activities on the territories of former nuclear test sites and other areas contaminated as a result of nuclear explosions;
  • provision of services in the area of nuclear energy;
  • handling of devices and installations generating ionising radiation;
  • handling of radioactive substances, devices and installations that contain radioactive substances;
  • transportation of nuclear materials (including transit), radioactive substances, radioisotope sources of ionising radiation, radioactive waste within the territory of the Republic of Kazakhstan;
  • physical protection of nuclear facilities and nuclear materials;
  • handling of nuclear materials.

Under Article 36 of the Law, licensing in in the area of nuclear energy shall be performed with respect to the types of devices, installations, materials, substances and wastes defined in the Law of the Republic of Kazakhstan “On the Use of Nuclear Energy”. The annexe to the license as conditions for issuing a license indicates the type of devices, installations, materials, substances and wastes with which the licensee conducts work.

In addition, the Law (Annex No.1) amended the list of types and sub-types subjected to licensing in the area of nuclear energy. In this regard, according to Article 52 of the law licenses issued before the law will go into force shall be re-issued within six months after the date of entry into legal force of the Law to the licenses with duration’s limit under Annex No.1 of the Law.

Thus, starting from 20 November 2014,  the companies that have licenses in the Area of Nuclear Energy, shall re-issue such licenses before 20 May 2015.

Our company is engaged in registration/renewal of licenses in the area of nuclear energy usage, which are valid throughout the territory of Kazakhstan. We will be glad to assist you in obtaining a license, re-registration thereof, submitting reports and performing other respective duties.

  • advising a Kazakhstani company on obligatory licensing of carriage of dangerous goods;

  • advising on licenses, approvals and permits of state authorities required for subsoil use operations;

  • assistance in filing a formal request to the Committee of State Energy Supervision of the Ministry of Oil and Gas of the Republic of Kazakhstan regarding licensing of company’s activities ;

  • advising foreign companies on licensing of activities in the area of nuclear energy that include construction of nuclear facilities, an entire complex, individual buildings, units, systems, structures, support facilities and equipments;

  • advising foreign companies on licensing of activities in the area of nuclear energy that include special training for staff that relate to the usage of nuclear energy;

  • advising a foreign uranium company on licensing of activities in the area of transportation, import and sale of uranium.

Additionally:

  • assistance to a large international law firm in preparation of the structure of the law on the regulatory approval system;

  • advising the world's leading IT company on marking of computer equipment;

  • advising foreign companies on the registration of medical equipment in Kazakhstan;

  • drafting legal opinion for a foreign trade company on import of the company’s products to Kazakhstan, as well as the procedures and conditions for certification;

  • advising foreign companies on selection of persons entitled to receive permits to engage foreign labour;

  • advising a Kazakhstani company on licensing of wholesale and retail sale of alcoholic beverages;

  • legal support of a loan agreement between a Kazakhstani company and a large Chinese bank in terms of all permits required by the legislation of Kazakhstan for construction of a gas pipeline;

  • advising oil companies on obtaining a license for activities associated with precursors;

  • review of existing licenses, approvals and permits from public authorities in the area of communications, precursors, safety, sanitary and epidemiological welfare of the population in order to identify the missing permits and assess the relevant risks. 

Our lawyers have experience in providing consulting services related to the issue, execution and termination of licenses and other permits issued by public authorities.

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22.10.2018

Trademark protection in Mongolia

The exclusive rights of the trademark holder will be granted or entitled when the trademark is officially registered with the General authority of Intellectual property and trademark certificate is issued. 

18.10.2018

Agricultural business in Kazakhstan and opportunities for Islamic finance

Agriculture is one of the most attractive sectors of Kazakhstan’s economy. Kazakhstan has approximately 24 million hectares of arable land and 188 million hectares of pasture.

15.10.2018

Gulnur Nurkeyeva attended Investment and Financing Innovation Law & Commerce Forum

On 11-14 October 2018 Elite Global Legal Alliance (EGLA) held its Fourteenth General Meeting & Investment and Financing Innovation Law & Commerce Forum.

02.10.2018

Yerbolat Yerkebulanov gave a presentation to Malaysian suppliers of goods and services to O&G subsoil users

On 28 September 2018 An Export Acceleration Mission for Oil, Gas and Energy in Almaty, Kazakhstan was held.

 

Ibragim Kouky, the Senior Associate at Contract and Real Estate Department participated in the joint FIDIC/ICC Conference

Ibragim Kouky, the Senior Associate at Contract and Real Estate Department participated in the joint FIDIC/ICC Conference (International Federation of Consulting Engineers and International Chamber of Commerce).

 

24.09.2018

Introduction of 2nd 2017 Edition of FIDIC Forms of Contracts

In 2017 the International Federation of Consulting Engineers has introduced major amendments to FIDIC 1999 Yellow, Red and Silver Books which have been in use in the construction industry for almost twenty years.

21.09.2018

Bakhyt Tukulov gave a presentation about Dispute Resolution at the AIFC

On 20 September 2018, CCI France-Kazakhstan (CCIFK) held a monthly meeting.

20.09.2018

Ministry of Finances of the Republic of Belarus Specified Dates of Completing Business Operations

Amendments concern business operations relating to performance of works, rendering services and lease relations.

While rendering services, which results the customer can use during the term of the agreement, the date of completing this business operation shall be:

  • last calendar day of each month of provision of services and the last day of provision of services – if the term of the agreement exceeds one month;

  • last calendar day of the month, when provision of services is started, and (or) the day of completing of provision of services – if the term of the agreement does not exceed one month.

20.09.2018

Law of the Republic of Kazakhstan On Concessions (unofficial English translation)

This Law determines legal conditions of concession, types of state support of concessionaire and regulates social relations arising during conclusion, execution and termination of concession agreements.

20.09.2018

Law of the Republic of Kazakhstan On Public-Private Partnership (unofficial English translation)

This Law determines legal conditions of public-private partnership, ways of its implementation, and regulates social relations arising during preparation and implementation of public-private partnership projects, execution, performance and termination of public-private partnership agreements.

18.09.2018

Gulnur Nurkeyeva took part at the 10th China Overseas Investment Fair (COIFAIR)

With the approval of the National Development and Reform Commission (NDRC) of the People’s Republic of China, the 10th China Overseas Investment Fair (COIFAIR) was held at the China National Convention Center, PRC on 15-16 September 2018.

14.09.2018

Gulnur Nurkeyeva delivered a speech at Duane Morris & Selvam Ambassador Series

On 12 September 2018 Duane Morris & Selvam law venture held Ambassador Series dedicated to Kazakhstan event in Singapore.

13.09.2018

#NEARFOOTBALL or What a Sports Lawyer Should Know

As football developes and becomes more popular in Kazakhstan, the legal relationships and arrangements of the parties involved increasingly require compliance with legal formalities. A professional club, sportsman, coach and federations are guided by regulations approved by the international sports organisations and/or concluded contracts.

13.09.2018

Kazakh privatisation: a fresh start

Although the Kazakhstan securities market is the most developed in Central Asia, its development has been slow compared to the country’s banking sector.

10.09.2018

Shaimerden Chikanayev was among the panellist at the IBA ECA Forum 2018

On 5-7 September 2018, a IBA Europe-Caucasus-Asia Forum 2018 was held in Almaty.

10.09.2018

How to incorporate a company or representative office in Mongolia?

Despite the fact that Mongolian legislation provides for a wide range of legal forms of commercial entities (limited liability company or LLC, joint-stock company or JSC and joint venture), in practice, private businessmen and foreign investors mostly prefer LLC or JSC. Representative office of foreign legal entities is also common

05.09.2018

Land Law of the Republic of Belarus

Land relations can be a crucial issue for foreign investors considering whether or not to start a business in a particular country. Let us provide you with a summary of land legislation of Belarus and the opportunities it offers for business.

12.09.2018

Dmitry Samigullin spoke on Business setup in Russia in Zurich

Dmitry Samigullin spoke on Business setup in Russia in Zurich.

04.09.2018

Administration of Almaty has officially announced public tender for participation in Almaty Light Rail Transport (LRT) Project

On 29 August 2018, the Administration of Almaty (Almaty Mayor’s Office) has officially announced the public tender for participation in PPP project for development of design specification, construction, commissioning, financing, operation and technical maintenance of Almaty Light-Rail Transportation System (the “Project”).

27.08.2018

Major Kazakhstan Legislation Changes for 2017

The Law on Amendments Intended to Improve Business Conditions[1] (the “Business Improvement Law”) came into effect on 12 March 2017, except certain provisions.

The purpose of the Business Improvement Law is to further improve the investment climate in line with the general policy of the country to support local entrepreneurs and foreign investors.


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Leila Makhmetova

Counsel, Director of Environmental Law Department

Almaty

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