Article 37. Amendments and additions to the subsoil use contract Code on Subsoil and Subsoil Use Republic of Kazakhstan

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1. Amendments and additions to the subsurface use contract are made by the parties concluding an addendum to the contract.

2. An addendum to the contract is concluded in the following cases::

1) changes in information about the subsurface user:

for individuals – last name, first name, patronymic (if it is indicated in the identity document), citizenship;

for legal entities – names and locations;

2) changes in information about the competent authority;

3) transfer of the right of subsurface use and (or) a share in the right of subsurface use;

4) securing the mining site(s) and the preparatory period(s);

5) securing the site(s) and the period(s) of extraction or the period(s) of extraction;

6) prolongation of the exploration or production period(s);

7) increasing or decreasing the subsurface area(s);

8) allocation of a subsurface area(s);

8-1) the emergence of investment obligations for depleted deposits in accordance with Article 153-1 of this Code;

9) in relation to strategic subsurface areas, changes in the economic interests of the Republic of Kazakhstan that pose a threat to national security.

10) changes in the terms of the contract in connection with its assignment to a contract for exploration and production or production of hydrocarbons for a complex project;

11) changes in the terms of the contract due to the non-confirmation of the status of a complex project based on the results of exploration;

12) provided for by paragraph 5 of Article 36 of this Code.

3. Conclusion of an addendum to the contract in the case provided for in subparagraph 1) paragraph 2 of this article, is made at the request of the subsurface user, which must contain:

1) last name, first name, patronymic (if it is indicated in the identity document), the name of the subsurface user;

2) the number and date of registration of the subsoil use contract;

3) an indication of the information about the subsurface user that is being changed.

4. The application must additionally be accompanied by:

1) documents confirming the need to make changes to the information about the subsurface user;

2) an addendum to the contract signed by the subsurface user, providing for changes to the information about the subsurface user.

5. The application is subject to consideration within twenty working days from the date of its receipt by the competent authority. Based on the results of the examination of the application, the competent authority concludes an addendum to the contract with the applicant and sends the applicant a signed copy of it or refuses to conclude an addendum.

6. The competent authority refuses to conclude an addendum if the application does not comply with the requirements established by this Code.

The refusal of the competent authority to conclude an addendum does not deprive the subsurface user of the right to submit a second application.

7. Conclusion of an addendum to the contract in the case provided for in subparagraph 2) paragraph 2 of this article, is carried out on the initiative of the competent authority.

8. The conclusion of an addendum to the contract in the cases provided for in subparagraphs 3) -12) of paragraph 2 of this Article shall be carried out in accordance with this Code.

President

Republic of Kazakhstan

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