On the draft Decree of the President of the Republic of Kazakhstan "On approval of the Rules for the examination of projects of the participants of the innovation cluster "Park of Innovative Technologies" and amendments and additions to the Decree of the President of the Republic of Kazakhstan dated August 18, 2003 No. 1166 "On the creation of a special economic zone "Park of Innovative Technologies"

Resolution of the Government of the Republic of Kazakhstan dated November 19, 2014 No. 1208

THE Government of the Republic of Kazakhstan DECIDES:      

to submit for consideration by the President of the Republic of Kazakhstan a draft Decree of the President of the Republic of Kazakhstan "On approval of the Rules for the examination of projects of participants in the innovation cluster "Park of Innovative Technologies" and amendments and additions to Decree of the President of the Republic of Kazakhstan dated August 18, 2003 No. 1166 "On the creation of a special economic zone "Park of Innovative Technologies".

     Prime Minister of the Republic of Kazakhstan K. Massimov

On approval of the Rules for the examination of projects of the participants of the innovation cluster "Park of Innovative Technologies" and amendments and additions to the Decree of the President of the Republic of Kazakhstan dated August 18, 2003 No. 1166 "On the creation of a special economic zone "Park of Innovative Technologies"

     In accordance with paragraph 3 of Article 8 of the Law of the Republic of Kazakhstan dated June 10, 2014 "On the innovative cluster "Park of Innovative Technologies", I HEREBY DECREE:      

1. To approve the attached Rules for the examination of projects of the participants of the innovation cluster "Park of Innovative Technologies".      

2. To amend the Decree of the President of the Republic of Kazakhstan dated August 18, 2003 No. 1166 "On the establishment of the special economic zone "Park of Innovative Technologies" (SAPP of the Republic of Kazakhstan, 2003, No. 33, art. 322; 2005, No. 30, art. 383; 2008, No. 38, art. 404; 2003, No. 40, Article 388; 2012, No. 6, Article 114) the following amendments and additions:      

in the Regulations on the special economic zone "Park of Innovative Technologies", approved by the above-mentioned Decree:      

The first paragraph of paragraph 5 should be worded as follows:      

"5. For FEZ participants in the field of information and innovative technologies, the requirement to carry out activities on the territory of the FEZ will not be a prerequisite until January 1, 2018 for the following types of activities:";      

Paragraphs 6, 7, and 8 should be worded as follows:      

"6. The activities of the FEZ are regulated by the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan dated July 21, 2011 "On Special Economic zones in the Republic of Kazakhstan", dated June 10, 2014 "On the innovative cluster "Park of Innovative Technologies" and other regulatory legal acts of the Republic of Kazakhstan.      

7. The management of the FEZ is carried out in accordance with the laws of the Republic of Kazakhstan dated July 21, 2011 "On Special economic zones in the Republic of Kazakhstan" and June 10, 2014 "On the innovation cluster "Park of Innovative Technologies".      

8. The FEZ management body is an autonomous cluster fund, a legal entity established in accordance with the Law of the Republic of Kazakhstan "On the Innovative Cluster Park of Innovative Technologies" in the organizational and legal form of a non-profit organization to ensure the functioning of a special economic zone.";      

Paragraph 9 should be supplemented with sub-paragraphs 11) and 12) as follows:      

"11) financing of projects of participants determined by the Board of Trustees of the innovation cluster;      

12) submission to the Board of Trustees of the innovation cluster for inclusion in the list of participants in the innovation cluster of legal entities with the status of scientific organizations, joint-stock investment funds for risky investments, educational organizations, technology parks, industrial design bureaus, technology commercialization centers, national development institutes, national management holdings, national holdings, national companies.".      

3. This Decree shall enter into force upon the expiration of ten calendar days after the date of its first official publication, with the exception of paragraphs 3 and 4 of paragraph 2, which shall enter into force on January 1, 2015.

President of the Republic of Kazakhstan N.Nazarbayev

APPROVED    

By decree of the President of the Republic of Kazakhstanot

" " 2014 year No .

Rules for the examination of projects of the participants of the innovation cluster "Park of Innovative Technologies"

1. General provisions

1. These Rules for the examination of projects of participants of the innovation cluster "Park of Innovative Technologies" (hereinafter referred to as the Rules) have been developed in accordance with paragraph 3 of Article 8 of the Law of the Republic of Kazakhstan dated June 10, 2014 "On the innovation cluster "Park of Innovative Technologies" and determine the procedure for the examination of projects of participants of the innovation cluster "Park of Innovative Technologies".      

2. The following definitions are used in these Rules:      

1) the autonomous cluster fund (hereinafter referred to as the Fund) is a non–profit organization that is the governing body of the special economic zone "Park of Innovative Technologies", as well as performing other functions provided for by the legislation of the Republic of Kazakhstan.;      

2) the innovation cluster "Park of Innovative Technologies" (hereinafter referred to as the innovation cluster) is an association of participants in an innovation cluster designed to stimulate industrial and innovative activities through interaction and sharing existing opportunities, sharing knowledge and experience, conducting research, effective technology transfer, establishing sustainable partnerships and disseminating information;      

3) the innovative cluster participant's project "Park of Innovative Technologies" (hereinafter referred to as the participant's project) is a set of measures aimed at creating new or improved industries, technologies, goods, works and services implemented over a certain period of time;      

4) expert examination of participants' projects - an expert examination conducted for the purpose of an objective and comprehensive assessment of participants' projects for the possibility of its implementation, making recommendations on the expediency and amount of its financing;      

5) application - an application in the form approved by the authorized body, with the necessary documents attached in accordance with the requirements of these Rules.;      

6) the applicant is a member of the innovation cluster who submitted an application for an expert examination of the project for consideration by the Fund.      

3. The expertise of the participants' projects is based on the principles:      

1) the priority of financing projects of participants aimed at increasing the competitiveness of the national economy;      

2) the objectivity and independence of the expert examination of the projects of the participants;      

3) stimulating the commercialization of technologies in priority sectors of the economy;      

4) development of priority areas of fundamental and applied research.

2. The procedure for the examination of participants' projects

     4. The examination of the participants' projects is carried out in three stages:      

1) acceptance by the Fund of the documents provided by the applicants, initial data, calculations, justifications;      

2) conducting an expert examination of the participants' projects at a meeting of the expert commission;      

3) drawing up an expert opinion on the expediency or inexpediency of financing the projects of the participants.      

5. In order to carry out the examination of projects, the applicant must provide the Fund with the following documents::      

1) an application for an expert examination of the projects of the participants, the financing of which is carried out at the expense of the Fund's property, in a form approved by the authorized body;    

2) an explanatory note that will contain the following information:      

completion of theoretical research, readiness of the project to move to the development stage, including the creation of industrial designs for certification and demonstration to customers;      

the degree of novelty of the technology and compliance with the best existing global analogues in terms of qualitative and quantitative indicators;      

scientific risks - associated with the scientific development of technology, including the negative result of the theoretical justification of technology, the inability to protect intellectual property, unauthorized use of technology;      

technical risks - associated with the development of a technical / technological solution, including the impossibility of technical implementation, lack of the necessary technological, raw material base, identification of environmental problems;      

3) project passport in the form approved by the authorized body;      

4) draft cost estimates in the form approved by the authorized body;      

5) draft financing schedule in the form approved by the authorized body;      

6) copies of documents confirming the applicant's qualifications for scientific and technical work (if any).      

6. Applicants provide the necessary documents on both paper and electronic media.      

7. The applicant ensures the completeness of the submitted documents, initial data, calculations, justifications. The information provided by the applicant must indicate the sources of the data used in the calculations and the date of the calculation.      

8. The Fund ensures that information about the application is not disclosed to third parties who are not involved in the application review process. Any transfer of information about the application to third parties is carried out only with the written consent of the applicant.      

9. The Fund registers the application in the register of applications on the day of receipt of the application with the assignment of the registration number and date.      

10. The Fund, within 10 (ten) business days from the date of registration of the application, verifies the completeness of the documents provided by the applicants.      

11. The Fund verifies the validity of the claimed costs for the applicant's project.      

Cost reasonableness verification is carried out on the basis of the cost estimates provided and consists in analyzing the need to purchase materials and components, carry out work or purchase services, their nomenclatures and prices, the need to involve employees of various categories to participate in the project, the amount of funds requested for payment of wages with accruals, the cost of work of co-executors, including an approximate indication of the purchased their equipment and materials, as well as the number of personnel involved, and any other costs stated in the cost estimates.      

12. In case of compliance of accepted applications with the requirements of these Rules, within 15 (fifteen) working days from the date of registration of the application, the Fund sends the materials of project applications for examination to the members of the expert commission.      

13. The expert examination of the participants' projects is carried out at a meeting of the expert commission by reviewing and discussing the participants' projects by the members of the expert commission.      

14. At the suggestion of a member of the expert commission, the applicant is invited to a meeting of the expert commission to present his project.      

15. Based on the results of the meeting of the expert commission, an expert opinion is drawn up on:      

1) the expediency of financing the project;      

2) the inexpediency of financing the project.      

16. The expert opinion includes an assessment based on the following criteria:      

1) relevance: the degree of the project's focus on the creation of new or improved industries, technologies, goods, works and services implemented over a certain period of time, supported by sound quantitative data on the technical and economic characteristics of products;      

the degree of novelty of productions, technologies, goods, works and services and compliance with the best existing world analogues in terms of qualitative and quantitative indicators;      

2) sales market: availability of promising sales markets;    

competitiveness of the product/process in the market;      

3) financial, economic and commercial potential:    

the realism and validity of the presented financial and economic indicators, which allow making a conclusion about the profitability of the project; determining and justifying the implementation period and payback period of the project.

3. Procedure for the meeting of the Expert Commission

     17. The expert examination of the participants' projects is conducted at a meeting of the expert commission established at the Foundation.      

18. The working body of the expert commission is the Foundation.      

The working body provides organizational and technical support for the work of the expert commission.      

19. The Expert Commission is headed by the Chairman, who is elected by its members at the meeting by open voting. The chairman of the expert commission is considered elected if more than 50% of the members present at the meeting voted for him. During the absence of the Chairman, his functions are performed by a deputy.    

20. The composition of the expert commission is formed from representatives of the public, accredited associations, subsurface users, government agencies, organizations and is approved by the decision of the Foundation.      

21. The secretary of the expert commission organizes the preparation of meetings of the expert commission, notifies the members of the expert commission of the time and place of meetings, keeps minutes of meetings of the expert commission, ensures the safety of the minutes, invites applicants to a meeting of the expert commission at the suggestion of a member of the expert commission to present and discuss the projects of the participants.      The Secretary is not a member of the expert commission.      

22. Meetings of the Commission are held as necessary and are considered competent if they are attended by at least two thirds of the total number of members of the expert commission.      

23. Decisions of the expert commission are adopted by open voting and are considered adopted if they are supported by a majority of votes from the total number of members of the expert commission. Voting is conducted by filling out a voting sheet at a meeting of the expert commission. If the number of votes is equal, the vote of the chairman of the expert commission is decisive.      

24. In case of disagreement with the adopted decision, the members of the expert commission express their dissenting opinion in writing, which is attached to the minutes of the expert commission.      

25. The expert opinions shall be drawn up within three working days by protocols based on the voting sheets and signed by the chairman and the secretary.      

26. If a decision is made on the inexpediency of financing the project, the Fund sends the applicant a reasoned written notification with an extract from the protocol attached.      

27. Within 10 (ten) business days from the date of receipt of the expert opinion on the feasibility of financing projects, the Fund sends the list of projects to the Board of Trustees of the innovation cluster.

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