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In keeping with GRATA’s practice of informing clients of important legal developments that might influence their business, we would like to draw your attention to some important upcoming legislative developments regarding the foreign exchange regulation and foreign exchange control.
Samat Daumov, Managing Partner, GRATA International, shares the firm’s experience in building a regional network of a consulting firm or the largest network of lawyers and litigation attorneys in Kazakhstan.
On 29 November 2017 the deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan approved in the first reading draft law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Regarding Regulation of Land Relations" (hereinafter referred to as the "Draft Law"), developed following the work of the Commission on Land Reform.
It has shown a particular interest in the Law of 28 December 2017 No. 128-VI on Introducing Amendments and Additions to some Legislative Acts of the Republic of Kazakhstan on Information and Communication ('the Law'), which, among other amendments, requires website operators to collect identification data of website users who post comments on such websites.
GRATA International commented on the following questions:
1- What is the background to the Law, and the Kazakh government's reason for introducing it?
2- Which types of companies will be affected by the provisions with regard to i) identifying website users ii) retaining user data? How is this likely to affect the operation of websites, and their users?
On 29 December 2017 the Republic of Kazakhstan has ratified the Convention on avoidance of double taxation with Ireland and the Protocol thereto (hereinafter – the ‘Convention’).
GRATA International contributed to LexisNexis Mergers & Acquisitions Law Guide 2018. Special Focus - One Belt One Road China Investment.
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. As a result, nearly every piece of public infrastructure (e.g., roads, hospitals, power plants, kindergartens, sewerages) in Kazakhstan requires a different degree of upgrading or expansion. It is expected that proper PPPs and project finance deals will finally take off in Kazakhstan in the near future, firstly because proper legislation on PPPs has been put in place in 2015 and, secondly, after decades of neglect, the government of Kazakhstan has finally not only declared, but seems to confirm its readiness to improve the investment climate and to attract private investments through PPPs (including into the housing and utilities sector) and decided to invest at least part of the wealth from commodity exports in long-postponed infrastructure projects.
Over the past 25 years Kazakhstan has developed its own financial sector, which is considered to be the most advanced in Central Asia. With the evolution of financial sector and the complexities of key players involved, the need for regulation of dealing with data arose.
GRATA International is launching a new practice in Russia - White-Collar Crime. In keeping with GRATA International's practice of informing about important legal developments that might affect their business, we highlight the impact of criminal law on business in Russian Federation.
GRATA International Kazakhstan contributed to the International Comparative Legal Guide series - Mining Law 2018 with the chapter on Kazakhstan.
Uzbek government intensifies restructuring of the state apparatus by adding modern-thinking specialists to the management, alongside with radical improvements in legislation, directed to full-scale liberalisation, increasing trade turnover and development of local industry, attracting foreign investors, full transfer to market economy and overcoming such obstacles as corruption, restrictions for payment on current international transactions, tariff and non-tariff barriers.
GRATA International Kazakhstan contributed to the International Comparative Legal Guide series - Franchise 2018 with the chapter on Kazakhstan.
GRATA International Moscow office contributed to the International Comparative Legal Guide series - Franchise 2018 with the chapter on Russia.
GRATA International Kazakhstan office experts became the contributors of the 2017 edition of The Law Reviews Guide to The Intellectual Property and Antitrust Review 2017 Kazakhstan
On July 30, 2017 the amendments to the Federal Laws "On Foreign Investments in the Russian Federation" and "On the Procedure for Making Foreign Investments in Companies of Strategic Importance for National Defense and State Security" came into force, in particular, clarifying the notion of a foreign investor and supplementing the list of activities of strategic importance for the national defense and state security, as well as establishing new consequences of non-compliance by foreign investors of the obligation to submit information to the competent authority on the acquisition of 5 percent and more of the shares (stakes) of the strategic company.
Kazakhstan's accession to the World Trade Organisation, membership in the Eurasian Economic Union requires the improvement of national legislation in the area of intellectual property, elimination of contradictions and gaps, both within the provisions of national legislation and between national law and provisions of international agreements, to which Kazakhstan is a party.
The Federal Law No. 242-FZ dated 29 July 2017 amended certain legislative acts of the Russian Federation on the use of information technologies in the area of health care providing, in particular, for features of medial aid using telehealthcare technologies, e-document flow in the medial aid provision and the establishment of the Unified State Information System in the healthcare sector.
Kazakhstan's 2020 Strategic Development Plan states that the use of renewable resources and energy sources is an effective method to diversity the country's economy. Kazakhstan is therefore creating incentives to develop wind power, solar and geothermal energy, and to introduce new technologies that will effectively use the country's water resources to provide the population with drinking water.
Please be advised that on 27 June 2017 the regulation on the Appeal commission of the Ministry of finance of the Republic of Kazakhstan, which will be operating from 1 July 2017, was officially published.
Register of entrepreneurs (hereinafter – the ‘Register’) is a main electronic data source on all types of entrepreneurs. The procedures of maintenance and use of the Register are regulated by the respective rules.The Register is formed by the Ministry of national economy of the Republic of Kazakhstan.
In 2015, a new pricing mechanism for construction projects was approved in the Republic of Kazakhstan.
Keeping GRATA’s practice of informing clients on important legal developments that might influence their business, we would like to draw your attention to some important legal changes regarding implementation of construction projects.
The Agreement on benefits and exemptions for official participants connected with performance of the International specialized exhibition EXPO-2017 in Astana, the Rules on performance of tax obligations by persons entitled to benefits and exemptions in accordance with the Agreement, effective 17 June 2017, as well as the Rules on application of special customs procedure provide for separate tax and customs regimes for EXPO-2017 participants.
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.
Please be informed that the State revenue committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the ‘Committee’) provided a clarification in its Letter
on refund procedure of excess value added tax (hereinafter – ‘VAT’) within the framework of risk management system (hereinafter – ‘RMS’).
The Decision No. 46 dated 11 May 2017 of the College of the Eurasian economic union introduced changes to the ‘Procedure of introduction of amendments and (or) additions to the declaration on goods’.
GRATA International Kazakhstan office experts became the contributors of the 2017 edition of The International Comparative Legal Guide to: Data Protection published by Global Legal Group Ltd, London
Shaimerden Chikanayev, Partner of GRATA International with a review of Kazakhstan prospects within China's "One Belt - One Road" initiative
Shaimerden Chikanayev, a Partner at GRATA International Law Firm, took part in the meeting workshop titled 'Implementation of PPP projects in Almaty'. The workshop was also attended by Akim of Almaty city, deputies of Akim of Almaty city, officers and heads of Akimat departments, NC SEC 'Almaty' JSC, Almaty City Development Centre JSC, and Kazakhstan PPP Centre JSC.
Kazakhstan has high ambitions in OBOR as it is geographically an ideal junction between China and the West and its interest in OBOR is indisputable – with Kazakh government already being involved in Nurly Zhol (Path of Light), a $9 billion domestic economic stimulus plan to develop and modernize roads, railways, etc.
Please be informed that the State revenue committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the ‘Committee’) provided a clarification in its letter dated 29 March 2017 No. КГД-08-2-17021-КГД-7951 regarding issue of electronic invoices prior to enactment of the respective law (hereinafter – the ‘Law’).
Shaimerden Chikanayev, Partner of GRATA International law firm made comments to the national newspaper "Kazpravda" on the development of the PPP projects market in Kazakhstan.
The Republic of Kazakhstan (“RoK”) wishes to change its subsoil use legislation and replace the current Law on Subsoil and Subsoil Use dated 24 June 2010 (the “Law”) by a new Code on Subsoil and Subsoil Use (the “Code”).
GRATA International contributed to the Law Business Research Guide series - Franchise 2017 with the chapter on Kazakhstan.
Please be informed that the State revenue committee of the Ministry of Finance of the Republic of Kazakhstan (hereinafter – the ‘SRC’) clarified in its letter dated 13 March 2017 No. КГД-08-3-13036-КГД-6468 that the Kazakh exporter is obliged to provide the tax authorities with an application on import of goods and payment of indirect taxes submitted along with VAT declaration and received from the importer in case of export of goods to the member-states of the Eurasian economic union (the EAEU).
The question whether or not Islamic finance will have a future in Kazakhstan is not an easy one to answer. There is definitely strong support from the government of Kazakhstan for Islamic finance as an alternative source of funding for infrastructure, SMEs and such. Nevertheless, so far the pace of expansion of Islamic finance in Kazakhstan does not meet the high expectations of its promoters. In this article, SHAIMERDEN CHIKANAYEV tries to give an overview of the current legislative and regulatory framework for Islamic finance in Kazakhstan.
As of today, the Treaty on the Customs Code of the Eurasian Economic Union (hereinafter – the ‘EAEU Customs Code’) is in process of signing. It is expected that the document will come into force not earlier than 29 December 2017.
GRATA International Kazakhstan contributed to the The Law Review series - The Technology, Media & Telecommunications Review 2017 with the chapter on Kazakhstan.
Publications 1 - 37 of 237
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