Products

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:

• 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.

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).

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. 

Certification

Certification of a products, services and other goods is a procedure of acknowledgment , independently of the manufacturer and consumer and in written form on the part of the executor, that the production of a range of goods and services conforms to state requirements. In Kazakhstan the production must be either obligatorily or voluntarily certified to conform with the state requirements. The products subject to obligatory certification are defined in accordance with governmental decrees. 

Permits

The Republic of Kazakhstan's entry into the global communications network has led to an increase in the stream of foreign citizens into the country, and also to their participation in the national labour market. Kazakhstan's legislation contains a number of requirements for foreign citizens who wish to live and work in Kazakhstan, including a permit to engage foreign labour — the so-called «work permit» that must be obtained by an employer (the person or legal entity for whom the foreign citizen will work) from the appropriate authority.

Furthermore, foreign citizens staying in Kazakhstan must meet a number of requirements, depending on the purpose of their presence in the country: obtaining the appropriate type of visa; registering in the Republic of Kazakhstan; or obtaining a tax-payer registration number (TRN). If a foreigner wishes to carry out an entrepreneurial activity, they must be registered as an individual entrepreneur. Documentation of foreign countries must be legalised or apostillised, in accordance with international and Kazakhstan's laws.

Due Diligence

The legislation of the Republic of Kazakhstan provides for an extensive list of activities that are subjects for obligatory licensing. The procedure for obtaining of licenses is quite complicated and consists of several obligatory stages, which are connected with applying to different state authorities. 

In order to obtain a license, an applying company has to meet the qualification requirements of a particular type of activities, which is confirmed by opinions of state authorities or by an independent expert appraisal.

Our qualified lawyers are pleased to advise you on the issues of licensing by providing Due Diligence, which means the comprehensive analysis of the company’s business in terms of its conformity to the qualification requirements imposed thereto  by state authorities in order to decide on issuing of licenses.

Due Diligence may be also required to check for the availability of necessary licenses and permits and observance of licensing legislation by the company in the course of doing own business.

Due Diligence may be performed at the different stages, mainly at the beginning of process on license obtaining as well as at further stages, including the stages of submitting reports and renewal of licenses, etc.  

Due Diligence allows a company to evaluate its qualification characteristics, minimise risks, recover gaps or/and complete necessary processes.

After examination and analysis of all information, interviewing, the Due Diligence Report is prepared. The report is made in written form.

If you decide to make use of our services, we will provide you with the detailed due diligence information on and with responses to all of your questions. 

Legal Opinion (Memorandum)

The legislation of the Republic of Kazakhstan provides for an extensive list of activities that are subjects for obligatory licensing. The procedure for obtaining of licenses is quite complicated and consists of several obligatory stages, which are connected with applying to different state authorities. 

Our qualified lawyers are pleased to provide you with an advice on licensing issues in the form of legal opinion (or memorandum).

We advise you to get the proper legal opinion before applying for the obligatory state license in order to have a step-by-step concept of license obtaining.

In the legal opinion we also will provide the information relating to necessity of the following:

1.      Technical documentation;

2.      Production facilities (buildings, equipment, plant, workshop, repair shops, mechanisms, tools, instruments and metres) under the right of ownership (with the list of the required title documents that confirm the right of ownership or lease) (trust management of other forms of agreements);

3.      Services ensuring:

• operation and maintenance of equipment;
• internal production quality control;
• labour safety control;
• metrological control.

4.      Qualification structure of technical managers and specialists, who met proper educational level and have work experience in a particular area (summary table, including full name, specialty, position, work experience in this area);

5.    Inspection acts, opinions of state authorities and other organisations on the presence and conformity of production, technical capabilities of an application to do  the licensed business; 

6.    The procedure for issuing licenses and schedule to licenses (a list of required documents, consideration period, license fees, etc.);

7.    Other.

If you decide to make use of our services, we will provide you with the detailed information on legal opinion and with responses to all of your questions.

GRATA would consult you on all issues in relation to permits.