Licensing

Licensing

Kazakhstan's laws have established a long list of activities subject to mandatory licensing. The procedure for obtaining a licence is complicated and consists of several obligatory stages, involving applications to various state authorities.

In order to obtain a licence, an applicant must meet the qualification requirements for a given activity, in line with the demands of the state authorities or an independent expertise. Certain types of licence require the post-licensing submission of reports and compliance with state control requirements. Performing activities subject to licensing without a licence can entail either administrative or criminal liability, together with the seizure of profits by the State. Therefore, compliance with the provisions of the licensing legislation is vital and requires a professional approach.

GRATA lawyers advice on all legal issues in the field of licensing. Among the various kinds of licences, many clients show particular interest in those with relevance and importance to certain branches of the economy.

Licensing of Industrial Activity

At present, the national economy is largely made up of elements of the industrial sector - oil and gas, chemical industry, mining, power and metallurgy. Certain kinds of activity in the industrial sector are subject to obligatory licensing. In particular, we have wide-ranging experience in obtaining the following licences:

• obtained a licence on behalf of a contracting company based in Kazakhstan for the design of mining, petrochemical, oil and gas industries enabling such company to further its activity in the fields of engineering, procurement and construction within the Caspian region;
• obtained a license on behalf of a contracting company based in Kazakhstan which deals in the field of and implements comprehensive engineering, procurement and construction matters within the Caspian Region. The activity of this license covered matters involving the exploration of oil and gas, that is, design, manufacture, installation, mining, metallurgical, power equipment, flame proof electrical equipment, lifting equipment, as well as boilers with working pressures above 0.7kg/cm2 and the temperature of the coolant above 115оС, and vessels and pipelines operating at pressures above 0.7kg/cm2;
• designing and operating power plants, electric networks and substations and hydraulic engineering facilities;
• designing and operating industrial manufacturing plants at risk of explosion and fire;
• designing and operating mining plants and drilling works for oil and gas;
• designing and operating main oil and gas product-pipelines;
• designing and operating boilers, vessels and pipelines working under pressure;
• designing and operating subsurface facilities;
• reissuance of state license on repair of mine equipment with reference to change of legal address and production base of major Finnish company;
• drafting the legal opinion regarding an obtaining of state license on designing of mining practice, and also submission requires in the Ministry of Industry and New Technologies of the Republic of Kazakhstan;
• a submission of annual report in the Committee of Industry in the Ministry of  Industry and New Technologies of the Republic of Kazakhstan for leading and the oldest design institute which are operating in the field of complex design of mining enterprises using on-shore and off-shore mining methods; 
• a submission of 2010 annual report in the Committee of Atomic Energy for subsidiary company of major Tunisian company;
• a submission of annual report in the Committee of State Investigation in Oil and Gas Complex in the Ministry of Oil and Gas of the Republic of Kazakhstan, and also drafting of an application regarding a renewal of addendum to license with reference to change of legal address for branch office of marine drilling contractor which are specialized in the sphere of rendering services on construction of different well sites in Caspian sea.

Licensing of Atomic Energy Usage

The use of atomic energy as a highly-efficient energy source is one of today's issues of interest. However, it is also highly-dangerous. For this reason, licences are issued for each of the following activities:

• storing, designing, constructing, commissioning, operating, deactivating and disposing of equipment for atomic energy usage;
• import and export of goods and services for atomic energy usage, including the transfer, sale or purchase for commercial purposes and the transfer of goods and services of a non-commercial nature;
• providing services and carrying out works for atomic energy usage;
• interaction with nuclear materials, sources of ionising radiation and radioactive substances, safely conducting the exploration and extraction of minerals containing these substances, and also the manufacture, use, processing, transportation and storage of nuclear materials, radioactive substances and radioactive waste products;
• scientific research for the use of nuclear installations, sources of ionising radiation, nuclear materials and radioactive substances;
• management of atomic energy usage;
• all kinds of activity in places of the lead nuclear explosions;
• physical protection of nuclear installations and nuclear materials;
• account and control of nuclear materials, sources of ionising radiation, radioactive substances and radioactive waste products;
• control of radioactive conditions in the Republic of Kazakhstan;
• transit of nuclear materials and radioactive substances through the Republic of Kazakhstan;
• training and certification of experts and staff.

Licensing of Architecture and Construction

With such high rate of construction across Kazakhstan, this type of licensing is one of the most needed. The list of services subject to licensing in the architecture and construction sector includes:

• surveying for construction;
• designing for construction;
• construction;
• manufacture of building materials, products and designs;
• skilled labour.

Licensing of Telecommunications

The telecommunications sector, including information technology, comprises numerous means of transferring information. Not only is the sector an independent branch of the economy, but also a powerful driving force for developing business in general. In the telecommunications sector, the following activities are subject to licensing:

• providing local telecommunication services;
• providing intercity telecommunication services;
• providing international telecommunication services;
• providing IP-telephony (internet-protocol telephony) services;
• providing data transmission services (including internet and cable communication services);
• providing telecommunications services on a dedicated communication network;
• providing satellite mobile communication services;
• providing cellular communication services (according to the relevant standard, e.g. GSM);
• providing mobile telecommunication communication services (including mobile radio, radio telephone, trunking and paging services);
• providing services on the organisation of individual networks (paying the lease for channels in a network infrastructure);
• providing postal services;
• providing services for the technical operation of networks and communication lines (including telecommunication equipment and elements of an infrastructure of a network);
• an obtaining of license on connection for Kazakh Oil Company.

Licensing of Sale of Exporting Grain

Dynamic development of grain market in Kazakhstan and shortage of grain in the world resulted in high demand for Kazakhstani grain. In such circumstances, the security of food in the country has gained importance, thus export of grain is an activity subject to mandatory licensing.  As GRATA possesses unique and long standing experience of successful relationships with authorized state bodies on obtaining various types of licence, our lawyers may provide with qualified legal assistance of licensing process and execution of requirements of state control and represent clients’ interests during state inspections. 

Recent Experience:

• assistance to a major international law firm in preparation of the structure of law on permitting system

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