Article 1. Scope of application of this Law of the Law On Procurement of Certain Entities of the Quasi-Public Sector

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1. This Law regulates relations related to the acquisition of goods, works, and services necessary to ensure the functioning and performance of the statutory activities of national management holdings, national holdings, national companies and organizations, fifty percent or more of the voting shares (stakes in the authorized capital) of which are directly or indirectly owned by national management holdings, national holdings, national companies, as well as socio-entrepreneurial corporations, with the exception of legal entities, fifty or more percent of the voting shares (stakes in the authorized capital) of which are directly or indirectly owned by a national management holding company, a national holding company, or national companies transferred to trust management by individuals or non-governmental legal entities with the right to subsequent redemption (hereinafter referred to as individual quasi–public sector entities).

2. This Law does not apply to the following cases::

1) purchase of services from individuals under employment contracts or from individuals who are not business entities under contracts for the provision of paid services, including the services of private notaries, lawyers and bailiffs;

2) making membership fees (contributions), including to the authorized capital of legal entities;

3) acquisition of blocks of shares, participation shares in the authorized capital (hereinafter referred to as participation shares) of legal entities;

4) payment of remuneration to members of the governing body and the supervisory board, compensation or payment of expenses (for travel and accommodation, per diem) related to the performance of duties by members of the governing body and the supervisory board;

5) purchase of goods, works, and services carried out in accordance with international treaties of the Republic of Kazakhstan, as well as in the framework of investment projects financed by international organizations of which the Republic of Kazakhstan is a member;

6) acquisition of financial services related to banking operations carried out by the National Bank of the Republic of Kazakhstan, banks and organizations engaged in certain types of banking operations on the basis of licenses obtained in accordance with the legislation of the Republic of Kazakhstan, and services of other participants in the securities market, brokerage and (or) dealer services, custodial services, acquisition of services for connection, maintenance and use of the financial automated information transportation system, services of the international interbank information transmission and payment system, including those related to obtaining bank statements and information services provided by the stock exchange operating in the territory of the Republic of Kazakhstan, services of second-tier banks of the Republic of Kazakhstan and (or) international (foreign) banks, legal consultants, financial consultants, external audit and (or) evaluation organizations for the issuance of comfort letters, the investor's trustee, payment transfer agents, registrars, procedural, arbitration and other services required for the organization of borrowing by the customer, including the issuance of securities and their repurchase, debt management and investment (treasury) portfolio, services provided by information and analytical systems of leading international financial information providers, as well as the acquisition of the above services during securitization transactions as an originator and (or) creditor according to the Law of the Republic of Kazakhstan "On Project Financing and Securitization";

7) payment of fees and charges collected at the seaport;

8) payment of representation expenses, travel expenses and purchase of services related to travel expenses;

9) acquisition by the national management holding of the services of an international insurance company specializing in export credit insurance;

10) acquisition of the services of the unified securities registrar and services related to securities transactions;

11) acquisition of financial instruments, including securities, during treasury operations related to the placement of temporarily available money;

12) acquisition of the services of an attorney (agent) within the framework of legal relations for the provision of a state guarantee, the return of funds from the republican budget diverted in case of fulfillment of obligations under the state guarantee, in accordance with the budget legislation of the Republic of Kazakhstan;

13) acquisition by a national company in the field of the agro-industrial complex of agricultural products and their processed products, as well as services for their storage, processing, transportation, carried out in accordance with the legislation of the Republic of Kazakhstan;

14) purchase of socially significant food products in the regional stabilization funds of food products, carried out in accordance with the legislation of the Republic of Kazakhstan.

15) purchase of financial leasing services and (or) purchase of goods for their subsequent leasing in the course of leasing activities, as well as goods, works and services directly related to the acquisition, supply and bringing of the leased item into working condition;

16) procurement within the framework of contracts aimed at the development of industry, concluded in accordance with the Law of the Republic of Kazakhstan "On Industrial Policy".

17) purchase of goods, works, and services as part of the implementation of Islamic finance transactions, including with organizations registered in foreign countries.

The Law of the Republic of Kazakhstan dated June 8, 2021 No. 47-VII SAM.

President

Republic of Kazakhstan

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