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Home / Government Decrees / On the approval of the Rules for the implementation of strategic digital mining

On the approval of the Rules for the implementation of strategic digital mining

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the approval of the Rules for the implementation of strategic digital mining 

Resolution of the Government of the Republic of Kazakhstan dated July 18, 2026 No. 638

 

 In accordance with subparagraph 1) Paragraph 4 of the Resolution of the Government of the Republic of Kazakhstan dated May 28, 2026 No. 439 DSP "On certain issues of the digital Asset industry" The Government of the Republic of Kazakhstan DECIDES:

     1. Approve the attached Rules for the implementation of strategic digital mining.

     2. This resolution shall enter into force upon the expiration of ten calendar days after the date of its first official publication.

 

     The Prime Minister of the Republic of Kazakhstan

O. Bektenov

 

 

 

Approved by Resolution No. 638 of the Government of the Republic of Kazakhstan on July 18, 2026

 

Rules for the implementation of strategic digital mining

Chapter 1. General provisions

     1. These Rules for the Implementation of Strategic digital Mining (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) paragraph 4 of the Resolution of the Government of the Republic of Kazakhstan dated May 28, 2026 No. 439 DSP "On certain issues of the digital asset industry" defines the procedure for the implementation of strategic digital mining.

     2. The following concepts are used in these Rules:

     1) the autonomous cluster fund "Astana Hub" is a non–profit organization established by the Government of the Republic of Kazakhstan and performing functions stipulated by the legislation of the Republic of Kazakhstan;

     2) national strategic crypto reserve – a fund created to make investments in digital assets, derivative financial instruments, the underlying asset of which are digital assets, as well as shares and shares of companies developing and (or) investing in digital assets;

     3) strategic digital mining – digital mining activities carried out under the conditions of providing quotas for electric energy at the marginal tariffs of energy-producing organizations in exchange for the mandatory transfer of part of the extracted digital assets to the autonomous cluster fund "Astana Hub", for their subsequent transfer to the trust management of the joint-stock company "National Investment Corporation of the National Bank of Kazakhstan" in to invest in the national strategic crypto reserve;

     4) the quota of electric energy for strategic digital mining (hereinafter referred to as the quota) is the hourly amount of electric energy for sale (sale) by energy-producing organizations to digital miners engaged in strategic digital mining;

     5) the Commission for the implementation of strategic digital mining (hereinafter referred to as the commission) is a collegial body formed by the authorized body in the field of digital mining in order to coordinate issues related to the implementation of strategic digital mining;

     6) a digital asset wallet is a software or hardware tool that is used to store or manage cryptographic keys, providing access to digital assets and conducting transactions with them.;

     7) digital miner – an individual entrepreneur or a legal entity of the Republic of Kazakhstan engaged in digital mining activities;

     8) digital mining is the process of performing computing operations using computer power according to specified encryption algorithms, ensuring confirmation of the integrity of data blocks through the blockchain;

     9) digital mining data processing center – an object of digital infrastructure consisting of a hardware and software complex for digital mining, ensuring the functioning of computing power, located outside the residential area, using electric energy in accordance with the Law of the Republic of Kazakhstan "On Electric Power Industry";

     10) the authorized body in the field of digital mining (hereinafter referred to as the authorized body) is the central executive body responsible for the management and intersectoral coordination in the field of digital mining;

     11) digital mining pool is a legal entity accredited in accordance with the legislation of the Republic of Kazakhstan on digital assets, providing a service for combining the capacities of a hardware and software complex for digital mining of digital miners, distributing digital assets between digital miners that have arisen (created) as a result of their joint activities;

     12) the authorized body in the field of electric power industry – the state body carrying out management in the field of electric power industry;

     13) the marginal tariff for electric energy (hereinafter referred to as the marginal tariff) is a monetary expression of the cost of generated electric energy by an energy–producing organization included in a group of energy–producing organizations that sell electric energy, approved by the authorized body in the field of electric power industry every seven years, consisting of the cost of producing electric energy and the rate of profit determined according to the methodology established by the authorized body in the field of electric power industry.

Chapter 2. Procedure for reviewing applications for strategic digital mining

     3. A digital miner planning to carry out strategic digital mining sends through the office of the authorized body or through the digital object "State Database "E-licensing" www.elicense .kz application for strategic digital mining in accordance with Appendix 1 to these Rules (hereinafter referred to as the application).

     4. Documents confirming the compliance of the digital miner with the following requirements are attached to the application.:

     1) the availability of a digital mining data processing center with a capacity of at least 150 (one hundred fifty) MW;

     2) availability of technical specifications for connection to electrical networks exclusively from transformer substations with a voltage of 35 kilovolts and higher with an authorized capacity of at least one megawatt;

     3) the availability of a hardware and software complex for digital mining with a computing power (hashrate) of each unit of at least 150 TH/s;

     4) the absence of arrears on mandatory payments to the budget, including taxes, fees, mandatory pension contributions and social contributions;

     5) the absence of encumbrances on the property owned by the participant (digital miner) in the form of collateral, arrest, prohibition of alienation and other restrictions on disposal rights;

     6) availability of at least two contracts with telecom operators for the provision of data transmission services (Internet access);

     7) the presence of a service center for the repair of a hardware and software complex for digital mining on the territory of the digital mining data processing center, as well as the staff of documents confirming the qualifications of employees responsible for the operation of equipment (diplomas, certificates of qualification, certificates of training of equipment manufacturers or other documents on education and professional training provided by by the legislation of the Republic of Kazakhstan).

     5. The authorized body shall, within three (3) business days from the date of receipt of the application and the documents attached thereto, verify the completeness of the submitted application and documents, as well as the accuracy of the information contained therein.

     If the application and the attached documents meet the established requirements, the authorized body sends them to the commission for consideration.

     The composition and position of the commission are approved by the authorized body.

     6. The Commission, within five (5) business days from the date of receipt of the application and documents, reviews them for:

     1) the compliance of the digital miner with the requirements set out in paragraph 4 of these Rules;

     2) availability of a free volume of electric energy in the amount of the quota approved in accordance with Appendix 2 to these Rules.

     7. Based on the results of the review, the commission decides on the compliance or non-compliance of the digital miner with the established requirements or the absence of a free amount of electric energy within the approved quota and sends the conclusion to the authorized body.

     8. The authorized body shall send a letter to the digital miner within two (2) business days from the date of receipt of the commission's conclusion.

     9. If the commission decides that the digital miner does not comply with the requirements set out in paragraph 4 of these Rules, the authorized body sends a letter to the digital miner indicating the identified inconsistencies.

     After the identified discrepancies are eliminated, the digital miner can reapply, except in cases where there is no free amount of electric energy for the requested quota.

     10. If a positive letter is received from the authorized body, the digital miner will receive it within 5 (five) business days.:

     1) concludes an agreement with the autonomous cluster fund "Astana Hub" in accordance with Annex 3 to these Rules.;

     2) concludes an agreement for the purchase and sale of electric energy with an energy-producing organization from the list and in accordance with Annex 4 to these Rules.

     11. The digital miner opens a separate digital asset wallet for the distribution of the extracted digital assets by the digital mining pool as part of the implementation of strategic digital mining.

     12. A digital miner can carry out digital mining activities along with strategic digital mining.

Chapter 3. Procedure for determining the volume of digital assets to be transferred to the National Strategic Crypto Reserve

13. Digital miners, on the basis of an agreement with the Astana Hub Autonomous Cluster Fund, transfer digital assets to the Astana Hub autonomous cluster fund for their subsequent transfer to the trust management of the National Investment Corporation of the National Bank of Kazakhstan for the purpose of investing in the national strategic crypto reserve in the amount determined by the following formula:

     TSANSK = (Scamining – EETSA – ROCA) × 10%, where

     CANSK – the number of digital assets subject to alienation (gratuitous transfer) to the autonomous cluster fund "Astana Hub" during the billing period;

     Scamining is the total number of digital assets distributed by a digital mining pool to a digital miner during the billing period in accordance with information on the income of digital miners engaged in strategic digital mining;

     EECA is the cost of consumed electric energy, including value–added tax, converted into the equivalent of digital assets.;

     ROC – expenses for the supply of electric energy, including value-added tax, including services for using the national electric grid, ensuring that electric capacity is ready to carry the load, and balancing production and consumption of electric energy, converted into the equivalent of digital assets.

     For the purposes of this paragraph, the billing period is a calendar month.

     14. For the purposes of calculating the number of digital assets subject to alienation (gratuitous transfer) to the Astana Hub Autonomous cluster fund, the value of digital assets is determined in accordance with the Rules for Determining and Publishing the Value of Digital Assets, approved by Order No. 531 of the Minister of Finance of the Republic of Kazakhstan dated September 25, 2025 (registered in the Register of State Registration of Regulatory Legal Acts under No. 36938).

Chapter 4. Formation and change of quota

     15. When carrying out strategic digital mining, energy-producing organizations included in the list in accordance with Appendix 2 to these Rules carry out the sale (sale) of electric energy within the quota to digital miners engaged in strategic digital mining, under direct contracts for the purchase and sale of electric energy at a price not exceeding its marginal tariff, for a period of 10 (ten) years. years old.

     16. The quota for a digital miner engaged in strategic digital mining is determined by the decision of the commission when considering the application of a digital miner in accordance with Chapter 2 of these Rules.

     17. To increase the allocated quota, the digital miner sends an application to the authorized body with the following documents attached:

     1) a document confirming that the digital miner has an automated system for commercial metering of electric energy, special load disconnection automation, and a telecommunications system that ensures their unification with the systems installed by the system operator and the energy transmission organization when connected to their networks in accordance with paragraph 2 of Article 9-4 of the Law on Electric Power Industry;

     2) technical specifications for connection to electrical networks or documents confirming an increase in the permitted capacity;

     3) a document confirming the increase in the number of hardware and software complexes for digital mining.

     The authorized body shall send the documents to the commission for consideration within three (3) business days from the date of receipt.

     The Commission, within five (5) business days from the date of receipt of the application and documents, reviews them for the validity of the quota increase.

     Based on the results of the review, the commission decides to approve or refuse to approve an increase in the quota in cases of submission of an incomplete package of documents, unreliability of the information provided, or lack of free volume of electric energy within the approved quota and sends the conclusion to the authorized body.

     The authorized body shall send a letter to the digital miner within three (3) business days from the date of receipt of the commission's conclusion.

     18. The quota allocated to a digital miner is not subject to unilateral change, except as provided for in these Rules, as well as voluntary reduction of the allocated quota based on a written application from the digital miner.

     19. If the amount of electric energy consumed by a digital miner deviates from the amount of electric energy approved in the letter of the positive decision of the commission by 5 (five) percent or more based on the results of the billing period for reasons depending on the digital miner, the commission decides to reduce the amount of electric energy provided to the digital miner within the allocated quota. The reduction in the amount of electric energy is applied until the digital miner eliminates the reasons that led to the specified deviation and submits a new application for an increase in the quota in accordance with the established procedure.

     The commission's right to reduce the amount of electric energy provided to a digital miner within the quota does not apply to cases where a deviation in the amount of electric energy consumption occurred for reasons beyond the control of the digital miner, including accidents, repairs, equipment shutdowns, restrictions by energy-producing and (or) energy transmission organizations, as well as other documented circumstances beyond the reasonable control of the digital miner.

Chapter 5. Accounting procedure for transferred digital assets

     20. A digital miner engaged in strategic digital mining annually, no later than April 1 of the year following the reporting year, submits to the authorized body a report on the results of an independent audit of financial statements of activities related to strategic digital mining.

     21. In case of discrepancies according to the results of an independent audit between the volume of digital assets to be transferred in accordance with these Rules and the actual transferred volume, the digital miner transfers the missing volume of digital assets to the Astana Hub autonomous cluster fund within 30 (thirty) calendar days from the date of such discrepancies.

     22. If a digital miner transfers digital assets to the Astana Hub autonomous cluster fund in excess of the amount provided for in these Rules, the excessively transferred amount of digital assets is subject to offset when determining the amount of digital assets to be transferred in the next billing period.

Chapter 6. Grounds for termination of strategic digital mining

     23. The participation of digital miners in strategic digital mining is terminated in the following cases:

     1) the digital miner's own initiative based on a written statement;

     2) the digital miner's refusal to conclude the contracts specified in paragraph 10 of these Rules;

     3) failure to comply with the essential terms of the contracts specified in paragraph 10 of these Rules.

     24. A digital miner engaged in strategic digital mining shall, 10 (ten) business days prior to the decision to withdraw from participation in accordance with subparagraph 1) of paragraph 23 of these Rules, submit to the authorized body an application for termination of participation in strategic digital mining.

     25. The authorized body makes a decision within 5 (five) business days to terminate the participation of a digital miner in strategic digital mining.

     From the moment the administrative act is adopted by the authorized body, the obligations of the digital miner in strategic digital mining are terminated, and in terms of settlements with the Astana Hub cluster fund, they are fully fulfilled.

     26. The authorized body informs the authorized body in the field of electric power industry about the termination of strategic digital mining by a digital miner.

     27. In the cases provided for in paragraphs 2) and 3) of paragraph 23 of these Rules, the authorized body submits to the commission for consideration the issue of early termination of the digital miner's participation in strategic digital mining.

     28. The Commission, if there are grounds provided for in paragraphs 2) and 3) of paragraph 23 of these Rules, decides on the early termination of the digital miner's participation in strategic digital mining.

     29. Decisions, actions (inaction) The commission and the authorized body may be appealed in accordance with the procedure established by the Administrative Procedural Code of the Republic of Kazakhstan.

     ____________________________

 

 

Appendix 1 to the Rules for the Implementation of Strategic Digital Mining

 

Form

 

     Application for Strategic Digital Mining

1. __________________________________________________________________ (name of the legal entity (individual entrepreneur)2. __________________________________________________________________ (business identification number/individual identification number)3. __________________________________________________________________ (legal address of the legal entity/individual entrepreneur)4. __________________________________________________________________ (contact information (phone numbers, email address)5. __________________________________________________________________ (location of the digital mining data center)6. __________________________________________________________________ (data on the hardware and software complex for digital mining (quantity, model(s), hashrate)7. __________________________________________________________________ (the wallet address of the digital asset for strategic digital mining)8. __________________________________________________________________ (name of the energy producing organization(s) from the list in accordance with Appendix 2 to these Rules)9. __________________________________________________________________ (required amount of electric energy for strategic digital mining (within the capacity specified in the technical specifications for connection to electric networks)

     Applicant's signature______________________________________________________________ (last name, first name, patronymic (if any)Date of filling in: "__" ______ 20 ___ year

     ____________________________

 

 

Appendix 2 to the Rules for the Implementation of Strategic Digital Mining

 

The list of energy-producing organizations that sell electric energy for strategic digital mining

 

Download

No. p / p

Name

Quota of electric energy, MW

1

Limited Liability Partnership Ekibastuzskaya GRES-1 named after Bulat Nurzhanov

300 MW

 

     ____________________________

 

 

Appendix 3 to the Rules for the Implementation of Strategic Digital Mining

 

A standard agreement on the alienation (gratuitous transfer) of digital assets in order to replenish the national strategic crypto reserve

 

 

City ____________

 

"_" ____________ 20__ year

 

     The Autonomous Cluster Fund "Astana Hub", hereinafter referred to as the "fund", represented by _________________, acting on the basis of _____________, on the one hand, and _________________, hereinafter referred to as the "digital miner", represented by _________________, acting on the basis of _____________, On the other hand, collectively referred to as the "Parties", have concluded this agreement on the following.

     1. Subject of the agreement

     1.1. Under this agreement, the digital miner carries out the alienation (gratuitous transfer) of part of the digital assets extracted as a result of strategic digital mining to the fund, and the fund undertakes to accept such digital assets in accordance with the procedure and conditions provided for in this agreement and the Rules for Strategic digital Mining.

     1.2. The transfer of digital assets is carried out in order to replenish the national strategic crypto reserve.

     1.3. This agreement is concluded in accordance with the Rules for the implementation of strategic digital mining and is a prerequisite for the participation of a digital miner in strategic digital mining.

     1.4. Digital assets are transferred by a digital miner free of charge, without the digital miner having the right to demand a counter-provision from the fund or the national strategic crypto reserve.

     1.5. The issues of the subsequent transfer of digital assets from the fund to the trust management of the National Investment Corporation of the National Bank of Kazakhstan Joint Stock Company for the purpose of investing in the national strategic crypto reserve are regulated by a separate trust management agreement concluded between the fund and the specified organization.

     2. Conditions for the beginning of the contract execution

     2.1. This agreement comes into force from the date of its signing by the Parties.

     2.2. The obligation of the digital miner to transfer digital assets to the fund arises from the date of the start of strategic digital mining and the supply of electric energy under the contract of purchase and sale of electric energy.

     2.3. As part of the implementation of strategic digital mining, a digital miner ensures the availability of a separate digital asset wallet used exclusively for operations related to strategic digital mining.

     2.4. The Fund provides the digital miner with the details of the wallet of the digital asset intended for receiving digital assets.

     2.5. The transfer of digital assets is carried out exclusively to the wallet of the digital asset, the details of which are provided by the fund in accordance with this agreement.

     2.6. In case of a change in the details of the digital asset wallet, the fund sends the digital miner information about the change in the details of the digital asset wallet no later than 3 business days before the start date of using the new wallet, unless another deadline is set by the Parties.

     3. The procedure for determining the volume of digital assets

     3.1. The number of digital assets subject to alienation (gratuitous transfer) to the fund is determined in accordance with the Rules for the Implementation of strategic digital mining.

     3.2. The calculation of the volume of digital assets is carried out for each billing period based on:

     1) information about the income of digital miners engaged in strategic digital mining provided by the digital mining pool;

     2) information about the number of digital assets distributed by the digital mining pool to the digital miner during the billing period;

     3) information about the cost of the consumed electric energy;

     4) information about the costs of electric energy supply;

     5) other documents and information provided for by the Rules for the Implementation of Strategic digital mining and this agreement.

     3.3. For the purposes of this agreement, the billing period is a calendar month.

     3.4. The cost of consumed electric energy and the cost of supplying electric energy, including value-added tax, are converted into the equivalent of digital assets in accordance with the procedure established by the Rules for the Implementation of Strategic digital Mining.

     3.5. Expenses for the supply of electric energy include expenses, including value-added tax, provided for by the Rules for the Implementation of strategic digital mining, including services for using the national electric grid, ensuring the readiness of electric power to carry the load, and services for balancing production and consumption of electric energy.

     3.6. After fulfilling the obligations under this agreement, the remaining part of the digital assets remains in the ownership of the digital miner.

     4. The procedure and timing of the transfer of digital assets

     4.1. The digital miner transfers digital assets to the fund on a monthly basis, no later than the 25th of the month following the reporting month.

     4.2. The transfer of digital assets is carried out by transferring digital assets from a separate wallet of the digital asset of the digital miner to the wallet of the digital asset of the fund, the details of which are provided by the fund.

     4.3. The transfer of digital assets is considered executed from the moment the corresponding transaction is confirmed on the blockchain network.

     4.4. The digital miner is responsible for the correctness of specifying the details of the wallet of the digital asset, the blockchain network, the transfer amount and other data necessary for the transaction.

     4.5. The costs associated with the transaction, including network fees, are paid by the digital miner, unless otherwise provided by this agreement or the Rules for the Implementation of strategic digital mining.

     4.6. Digital assets transferred to the fund in excess of the amount stipulated by the Rules for the Implementation of Strategic digital mining are subject to offset when determining the amount of digital assets to be transferred to the fund in the next billing period.

     4.7. In the event of a technical failure that prevents the transfer of digital assets within the prescribed period, the digital miner immediately informs the fund and the authorized body with the attachment of supporting materials.

     5. Reporting

     5.1. The digital miner submits a report on digital assets transferred to the fund to the authorized body on a monthly basis, no later than 5 business days after the transfer of digital assets to the fund.

     5.2. The report specified in clause 5.1 of this agreement is also sent to the Fund for accounting and comparison of information on received digital assets.

     5.3. The report should contain:

     1) the name of the digital miner;

     2) business identification number or individual identification number of the digital miner;

     3) the reporting period;

     4) information about the digital mining pool;

     5) the number of digital assets distributed to the digital miner by the digital mining pool during the reporting period;

     6) the cost of the consumed electric energy for the reporting period;

     7) the amount of expenses for the supply of electric energy for the reporting period;

     8) calculation of the number of digital assets to be transferred to the fund;

     9) the amount of digital assets actually transferred;

     10) date and time of the transaction;

     11) the wallet address of the digital asset from which the transfer was made;

     12) the wallet address of the digital asset to which the transfer was made;

     13) information about network commissions;

     14) other information provided by the Rules for the implementation of strategic digital mining.

5.4. At the request of the fund or the authorized body in the field of digital mining, the digital miner submits additional documents and information necessary to confirm the correctness of the calculation and the fact of the transfer of digital assets.

     5.5. The Digital miner ensures the accuracy, completeness and timeliness of the submitted reports, documents and information.

     6. Accounting and comparison of information about transferred digital assets

     6.1. The Fund records the digital assets actually received and compares the information with the reports of the digital miner and the data contained in the corresponding blockchain network.

     6.2. As part of the accounting and comparison of information, the fund has the right to use information provided by a digital miner, information from a digital mining pool, data from blockchain networks, specialized analytical tools, as well as other legitimate sources of information.

     6.3. The Fund has the right to contact the digital miner for additional documents and information necessary to confirm the correctness of the calculation of the volume of digital assets to be transferred to the fund, as well as the fact of their transfer.

     6.4. The Digital Miner provides the requested documents and information within the time period specified in the fund's request.

     6.5. Failure to provide documents and information necessary to confirm the correctness of the calculation and the transfer of digital assets is the basis for the fund to send information to the authorized body.

     6.6. In case of discrepancies, the fund informs the digital miner and the authorized body for consideration in accordance with the procedure provided for in the Rules for the Implementation of Strategic digital Mining.

     7. Accounting for transferred digital assets

     7.1. In case of discrepancies between the volume of digital assets to be transferred in accordance with the Rules of Strategic Digital Mining and this agreement and the volume of digital assets actually transferred, the miner transfers the missing volume of digital assets to the fund within 30 (thirty) calendar days from the date of such discrepancies.

     7.2. In the case of the transfer of digital assets by a digital miner in excess of the amount stipulated by the Rules for the Implementation of Strategic digital Mining and this agreement, the excessively transferred amount of digital assets is subject to offset when determining the amount of digital assets to be transferred in the next billing period.

     7.3. The Fund keeps records of received digital assets and, if discrepancies are detected, informs the digital miner to resolve them.

     8. Rights and obligations of a digital miner

     8.1. The digital miner is obliged to:

     1) to carry out strategic digital mining in accordance with the Rules for the implementation of strategic digital mining;

     2) ensure separate accounting of digital assets resulting from strategic digital mining;

     3) use a separate digital asset wallet exclusively for operations related to strategic digital mining;

     4) transfer digital assets to the fund in a timely and complete manner;

     5) submit reports in accordance with the procedure and deadlines stipulated by this agreement and the Rules for the Implementation of Strategic digital Mining;

     6) ensure the reliability of submitted documents, reports and information;

     7) provide the fund with the documents and information necessary to confirm the correctness of the calculation of the volume of digital assets to be transferred and the fact of their transfer;

     8) ensure transparency of accounting for digital assets extracted as a result of strategic digital mining, and prevent their concealment;

     9) inform the fund and the authorized body about the occurrence of circumstances preventing the fulfillment of obligations under this agreement.

     8.2. The digital miner has the right to:

     1) receive from the fund the details of the digital asset wallet for the transfer of digital assets;

     2) receive confirmation from the fund that digital assets have been received by the fund;

     3) apply to the fund for clarifications on the implementation of this agreement;

     4) carry out digital mining activities along with strategic digital mining, provided that digital assets and electric energy are separately accounted for.

     9. Rights and obligations of the Foundation

     9.1. The Fund is obliged to:

     1) provide the digital miner with the details of his wallet for the transfer of digital assets;

     2) accept digital assets transferred by a digital miner in accordance with this agreement;

     3) to keep records of the received digital assets in accordance with the procedure provided for in this agreement;

     4) inform the digital miner and the authorized body about the identified discrepancies.

     9.2. The Fund has the right to:

     1) request from the digital miner the documents and information necessary to confirm the correctness of the calculation of the volume of digital assets to be transferred and the fact of their transfer;

     2) to compare information about the received digital assets with the reports of the digital miner;

     3) send information about the identified discrepancies to the authorized body.

     10. Responsibility of the Parties

     10.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this agreement in accordance with the legislation of the Republic of Kazakhstan, the Rules for the Implementation of Strategic digital Mining and this agreement.

     10.2. Non-transfer or incomplete transfer of digital assets to the fund, with the exception of the case provided for in clause 4.6 of this agreement, is a significant violation of the terms of this agreement.

     10.3. Failure to submit reports, submission of false reports, violation of the deadlines for the transfer of digital assets, as well as violation of the procedure for separate accounting of digital assets are grounds for the fund to send information to the authorized body.

     10.4. A significant violation of this agreement may be the basis for the early termination of the digital miner's participation in strategic digital mining in accordance with the procedure provided for in the Rules for the Implementation of Strategic digital Mining.

     10.5. Compensation for losses in case of non-fulfillment of the obligation to transfer digital assets does not release the digital miner from fulfilling the obligation in kind, unless otherwise provided by this agreement.

     11. Confidentiality

     11.1. The Parties undertake not to disclose to third parties the information obtained during the execution of this agreement, except in cases stipulated by the legislation of the Republic of Kazakhstan, the Rules for the Implementation of strategic digital mining or this agreement.

     11.2. The transfer of information to the authorized body in the field of digital mining, government agencies and other persons in cases provided for by the legislation of the Republic of Kazakhstan is not a violation of the confidentiality conditions.

     12. Force majeure circumstances

     12.1. The Parties are released from liability for full or partial non-fulfillment of obligations under this agreement, if such non-fulfillment was the result of force majeure circumstances that the Parties could not have foreseen or prevented by reasonable measures.

     12.2. The Party for which it is impossible to fulfill its obligations is obliged to inform the other Party of the occurrence of force majeure circumstances within 3 working days from the date of their occurrence.

     12.3. The occurrence of force majeure circumstances does not release the digital miner from the obligation to transfer the digital assets to be transferred to the fund after the termination of such circumstances.

     13. Term of the agreement

     13.1. This agreement comes into force from the date of its signing by the Parties.

     13.2. This agreement is valid for the duration of the digital miner's participation in strategic digital mining.

     13.3. Termination of the digital miner's participation in strategic digital mining does not release him from fulfilling obligations that arose prior to the date of termination of such participation.

     14. Modification and termination of the agreement

     14.1. Modification and termination of this agreement are allowed by agreement of the Parties, unless otherwise provided by the legislation of the Republic of Kazakhstan, the Rules for the implementation of strategic digital mining or this agreement.

     14.2. This agreement is subject to termination in case of termination of the digital miner's participation in strategic digital mining.

     14.3. Termination of this agreement does not release the Parties from liability for violations committed during its validity period.

     15. Dispute resolution

     15.1. Disputes and disagreements arising during the performance of this agreement shall be resolved through negotiations.

     15.2. In case of failure to reach an agreement, the dispute is subject to resolution in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     16. Final provisions

     16.1. In everything that is not regulated by this agreement, the Parties are guided by the legislation of the Republic of Kazakhstan and the Rules for the implementation of strategic digital mining.

     16.2. This agreement is drawn up in two copies having the same legal force, one copy for each of the Parties.

     16.3. Appendices and additional agreements to this agreement are its integral parts, provided they are signed by the Parties.

     16.4. All letters, requests and other correspondence under this agreement are sent to the addresses and contact details specified in Section 17 of this agreement, or in any other way agreed by the Parties.

     17. Details and signatures of the Parties

     Fund:

     Autonomous Cluster Fund "Astana Hub"

     BIN: __________________________

     Address: __________________________

     Bank requisites: __________________________

     The wallet address of the digital asset: __________________________

     Position, Full name.: __________________________

Address: __________________________

     Bank requisites: __________________________

     The wallet address of the digital asset: __________________________

     Position, Full name.: __________________________

     Signature: __________________________

     Digital Miner:

     Name: __________________________

     BIN/IIN: __________________________

     Address: __________________________

     Bank requisites: __________________________

     The address of a separate digital asset wallet: __________________________

     Position, Full name.: __________________________

     Signature: __________________________

     ____________________________

 

 

Appendix 4 to the Rules for the Implementation of Strategic Digital Mining

 

A standard contract for the purchase and sale of electric energy for the implementation of strategic digital mining

     City ____________

     "_" ____________ 20__ year

     __________________________, hereinafter referred to as the "energy producing organization", represented by __________________________, acting on the basis of __________________________, on the one hand, and __________________________, hereinafter referred to as the "digital miner", represented by __________________________, acting on the basis of __________________________, on the other hand, collectively referred to as the "Parties", have concluded this an agreement on the following.

     1. Subject of the agreement

     1.1. Under this agreement, the energy producing organization undertakes to sell electric energy to the digital miner within the quota of electric energy for strategic digital mining, and the digital miner undertakes to accept and pay for electric energy in accordance with the procedure and conditions provided for in this agreement and the Rules for Strategic digital Mining.

     1.2. The electric energy purchased under this agreement is used by the digital miner exclusively for the implementation of strategic digital mining.

     1.3. This agreement is concluded with an energy-producing organization included in the list of energy-producing organizations authorized to sell electric energy to digital miners engaged in strategic digital mining.

     1.4. This agreement is concluded in compliance with the Rules for the implementation of strategic digital mining and is a prerequisite for the participation of a digital miner in strategic digital mining.

     2. Conditions for the start of electric energy supply

     2.1. This agreement comes into force from the date of its signing by the Parties.

     2.2. The obligations of the energy producing organization to sell electric energy to the digital miner and the obligations of the digital miner to purchase it arise after signing this agreement.

     2.3. The supply of electric energy under this agreement is carried out after:

     1) the digital miner receives a letter from the authorized body about the positive decision of the commission;

     2) conclusion of this agreement;

     3) the conclusion by the digital miner of an agreement on the alienation (gratuitous transfer) of digital assets with the autonomous cluster fund "Astana Hub";

     4) confirmation of the technical readiness of the connection points and commercial metering of electric energy by a digital miner.

     2.4. Until the conditions stipulated in clause 2.3 of this agreement are fulfilled, the energy producing organization is not obligated to sell electric energy to the digital miner.

     3. The amount of electrical energy

     3.1. The amount of electric energy sold to the digital miner under this agreement is determined within the limits of the amount of electric energy allocated to the digital miner by the commission's decision within the quota in accordance with the submitted application.

     3.2. The amount of electric energy is indicated in the annex to this agreement, broken down by billing periods and, if necessary, by consumption hours for each accounting point separately.

     3.3. A digital miner does not have the right to demand the supply of electric energy in excess of the amount allocated to him within the quota.

     3.4. A change in the amount of electric energy is allowed only on the basis of a decision of the commission in accordance with the procedure established by the Rules for the Implementation of strategic digital mining.

     3.5. The amount of electric energy allocated to the digital miner within the quota is not subject to unilateral change, except in cases of voluntary reduction of the amount of electric energy upon written application of the digital miner.

     4. The price of electric energy and the calculation procedure

     4.1. The price of electric energy sold under this agreement is set at an amount not exceeding the maximum tariff of the energy producing organization.

     4.2. The specific price of electric energy is determined by the Parties in the annex to this agreement.

     4.3. Payment for electric energy is carried out by a digital miner on a monthly basis based on the actual amount of electric energy consumed according to commercial accounting data.

     4.4. The billing period under this agreement is a calendar month.

     4.5. The energy producing organization, no later than the 10th day of the month following the settlement, sends the digital miner an invoice for payment and an act of acceptance and transfer of electric energy.

     4.6. The digital miner pays for electric energy no later than 10 banking days from the date of receipt of the invoice for payment, unless another deadline is set by the Parties.

     4.7. Expenses for services related to the use of the national electric grid, ensuring the readiness of electric power to carry the load, and balancing the production and consumption of electric energy are paid by the digital miner in accordance with the procedure established by the legislation of the Republic of Kazakhstan and concluded contracts.

     4.8. Taxes and other mandatory payments related to the performance of this agreement are paid by the Parties in accordance with the legislation of the Republic of Kazakhstan.

     5. Electric energy accounting

     5.1. The accounting of electric energy sold under this agreement is carried out using commercial electric energy metering devices.

     5.2. The digital miner is obliged to ensure separate accounting of the electric energy consumed within the framework of strategic digital mining at each separate accounting point.

     5.3. Commercial accounting data is the basis for determining the actual amount of electrical energy consumed by a digital miner during the billing period.

     5.4. In case of detection of a malfunction of metering devices, the Parties shall take measures to restore metering in accordance with the procedure established by the legislation of the Republic of Kazakhstan on the electric power industry and the terms of this agreement.

     5.5. The digital miner is obliged to provide authorized representatives of the energy producing organization, energy transmission organization and other authorized persons with access to metering devices in cases and in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.

     6. Rights and obligations of an energy producing organization

     6.1. The energy producing organization is obliged to:

     1) to sell electric energy to a digital miner within the volume allocated to him within the quota;

     2) comply with the terms of this agreement and the Rules for the implementation of strategic digital mining;

     3) provide the digital miner with the documents necessary for making payments for electric energy;

     4) inform the digital miner about the planned restrictions or termination of the supply of electric energy, if such information is provided for by the legislation of the Republic of Kazakhstan or this agreement.

     6.2. The energy producing organization has the right:

     1) require timely and full payment of electric energy;

     2) receive from the digital miner the information necessary for the execution of this agreement;

     3) suspend the sale of electric energy in cases stipulated by the legislation of the Republic of Kazakhstan, this agreement and the Rules for the Implementation of strategic digital mining;

     4) apply to the authorized body and the commission in case of detection of violations by the digital miner of the terms of this agreement.

     7. Rights and obligations of a digital miner

     7.1. The digital miner is obliged to:

     1) use the electric energy purchased under this agreement exclusively for the implementation of strategic digital mining;

     2) to pay for electric energy on time and in full (is an essential condition of this agreement);

     3) ensure separate accounting of electric energy consumed within the framework of strategic digital mining (is an essential condition of this agreement);

     4) not to exceed the amount of electric energy allocated to him within the quota;

     5) comply with the requirements of the Rules for the implementation of strategic digital mining;

     6) inform the energy producing organization and the authorized body about the termination of participation in strategic digital mining;

     7) to prevent the transfer of electric energy acquired under this agreement to third parties, unless otherwise provided by the legislation of the Republic of Kazakhstan;

     8) to ensure the technical serviceability of the equipment necessary for receiving and metering electric energy.

     7.2. The digital miner has the right:

     1) receive uninterrupted electrical energy within the volume allocated to it within the quota;

     2) to receive from the energy producing organization the documents necessary for carrying out calculations;

     3) apply to the commission with an application for an increase or decrease in the allocated amount of electric energy within the quota;

     4) refuse to participate in strategic digital mining in accordance with the procedure established by the Rules for the Implementation of strategic digital mining.

8. Limitation and suspension of electric power supply

     8.1. The supply of electric energy to a digital miner may be limited or suspended in cases stipulated by the legislation of the Republic of Kazakhstan, this agreement and the Rules for the Implementation of strategic digital mining.

     8.2. The energy producing organization suspends the supply of electric energy to the digital miner based on the commission's request for a temporary suspension of the supply of electric energy to the digital miner who violated the requirements of the Rules for the implementation of strategic digital mining.

     8.3. The suspension of the supply of electric energy does not release the digital miner from fulfilling obligations that arose prior to the date of such suspension.

     8.4. The resumption of electric power supply is carried out after the elimination of the circumstances that served as the basis for suspension, unless otherwise provided by the decision of the commission, the legislation of the Republic of Kazakhstan or this agreement.

     8.5. The energy producing organization is not responsible for the suspension of the supply of electric energy carried out on the basis of the request of the commission or in cases provided for by the legislation of the Republic of Kazakhstan.

     9. Responsibility of the Parties

     9.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this agreement in accordance with the legislation of the Republic of Kazakhstan, the Rules for the Implementation of Strategic digital Mining and this agreement.

     9.2. Violation of the terms of payment for electric energy by a digital miner is a significant violation and is the basis for the application of liability measures provided for in this agreement and the legislation of the Republic of Kazakhstan.

     9.3. The use of electric energy not for the purposes of strategic digital mining is a violation of the terms of this agreement.

     9.4. Exceeding the allocated amount of electric energy by a digital miner within the quota is a significant violation of the terms of this agreement and may be the basis for the energy producing organization to apply to the authorized body or commission. At the same time, it is allowed to deviate the actual volume of electric energy consumption from the allocated volume within ± 5%, which is not considered a violation of the terms of this agreement and does not entail the application of liability measures provided for in this agreement.

     9.5. A material violation of this agreement may be the basis for early termination of the digital miner's participation in strategic digital mining in accordance with the procedure provided for in the Rules for Strategic digital Mining.

     10. Term of the agreement

     10.1. This agreement is concluded for a period of 10 (ten) years.

     10.2. The term of this agreement is calculated from the date of its signing by the Parties, while the actual sale of electric energy is carried out after the fulfillment of the conditions provided for in Chapter 2 of this agreement.

     10.3. Termination of the digital miner's participation in strategic digital mining is the basis for termination of this agreement.

     10.4. Termination of this agreement does not release the Parties from fulfilling the obligations that arose before the date of its termination.

     11. Modification and termination of the contract

     11.1. Modification of this agreement is allowed by agreement of the Parties, unless otherwise provided by the legislation of the Republic of Kazakhstan or the Rules for the implementation of strategic digital mining.

     11.2. The amount of electric energy is changed only on the basis of a decision of the commission.

     11.3. This agreement is subject to termination in the event of termination of the digital miner's participation in strategic digital mining.

     11.4. This agreement may be terminated by agreement of the Parties, a court decision or other grounds provided for by the legislation of the Republic of Kazakhstan, the Rules for the Implementation of Strategic digital Mining and this agreement.

     12. Force majeure circumstances

     12.1. The Parties are released from liability for full or partial non-fulfillment of obligations under this agreement, if such non-fulfillment was the result of force majeure circumstances.

     12.2. The Party for whom it is impossible to fulfill its obligations is obliged to inform the other Party of the occurrence of force majeure circumstances within 3 (three) business days from the date of their occurrence.

     12.3. The occurrence of force majeure circumstances does not release the digital miner from the obligation to pay for the actual consumed electrical energy.

     13. Confidentiality

     13.1. The Parties undertake not to disclose to third parties the information obtained during the execution of this agreement, except in cases stipulated by the legislation of the Republic of Kazakhstan, the Rules for the Implementation of strategic digital mining or this agreement.

     13.2. The transfer of information to the authorized body, the state body responsible for the management of the electric power industry, the commission, the system operator and other persons in cases provided for by the legislation of the Republic of Kazakhstan is not a violation of the confidentiality conditions.

     14. Dispute resolution

     14.1. Disputes and disagreements arising during the performance of this agreement shall be resolved through negotiations.

     14.2. In case of failure to reach an agreement, the dispute is subject to resolution in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     15. Final provisions

     15.1. In everything that is not regulated by this agreement, the Parties are guided by the legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on the electric power industry and the Rules for the implementation of strategic digital mining.

     15.2. This agreement is drawn up in two copies having the same legal force, one copy for each of the Parties.

     15.3. Annexes and additional agreements to this agreement are its integral parts, provided they are signed by the Parties.

     15.4. All letters, inquiries and other correspondence within the framework of this agreement are sent to the addresses and contact details specified in Section 16 of this agreement, or in any other way agreed by the Parties.

     16. Details and signatures of the Parties

     Energy producing organization:

     Name: __________________________

     BIN: __________________________

     Address: __________________________

     Bank requisites: __________________________

     Position, Full name.: __________________________

     Signature: __________________________

     Digital Miner:

     Name: __________________________

     BIN/IIN: __________________________

     Address: __________________________

     Bank requisites: __________________________

     Location of the digital mining data center: __________________________

     Position, Full name.: __________________________

     Signature: __________________________

     ____________________________

 

 

Appendix to the Standard Contract for the Purchase and Sale of Electric Energy for the implementation of strategic digital Mining

 

     1. The amount of electric energy within the quota: __________________________ kWh / MW.

     2. Delivery period: __________________________.

     3. The price of electric energy: __________________________ tenge for 1 kWh without VAT / including VAT.

     4. The point of supply of electric energy: __________________________.

     5. Points of commercial accounting of electric energy: __________________________.

     6. Details of commercial accounting devices: __________________________.

     7. Procedure for the exchange of commercial accounting data: __________________________.

     ____________________________

 

 

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