On 24 June 2010, a new Law on Subsoil and Subsoil Use (the “Subsoil Law”) was adopted in Kazakhstan. According to the Subsoil Law, transfer of a subsoil use right (or a part thereof) or related objects into pledge shall be performed upon approval of the competent authority. Moreover, the Subsoil Law establishes regulations in the area of pledge of subsoil use rights. For instance, borrowed funds obtained against the pledge of subsoil use rights shall only be used for the purpose of subsoil use within the respective subsoil use contract.
Obtaining a permit to transfer subsoil use rights into pledge is a long-term process that includes collection of information and documents. According to the current subsoil use legislation, the period for consideration of the application is seventy business days. However, according to our practice, this process can take up to six months.
- 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.
|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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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
In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business
Law of the Republic of Kazakhstan 'On Subsoil and Subsoil Use': a head for the processing of associated and natural gas
We would like to draw your attention to prospective changes in Kazakh legislation Relating to Environmental Issues.
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.
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.
This information was prepared as a general guidance only, and should not be used as a specialized legal conclusion.
Kazakhstan ranks second only to Russia among the countries of the CIS in its quantity of mineral production.
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".
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
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
A brief outline of Kazakhstan’s natural gas sector.
There are also numerous Decrees of the RoK Government which regulate specific issues in subsoil use.
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”).
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
GRATA Law Firm was represented at the event by Luisa Dyussengaliyeva - Senior Lawyer (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.
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.
On 6-7 November 2014 the IX Kazakh Forum of Corporate Lawyers was held in Almaty.
The President of the Republic of Kazakhstan, Nursultan Nazarbayev, has ordered to cancel the current moratorium on new tenders for granting subsoil use right.
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