On some issues of Kazakhstani content in the procurement of goods, works and services purchased by organizations and government agencies
Decree of the President of the Republic of Kazakhstan dated January 27, 2009 No. 733.
To be published
in the Collection of Acts of the President and
Government of the Republic of Kazakhstan
In accordance with subparagraph 3) of Article 44 of the Constitution of the Republic of Kazakhstan, in order to increase the share of Kazakhstani content in the procurement of goods, works and services by organizations and government agencies, as well as streamline the activities of government agencies in this area, I DECREE :
1. Endow:
1) The Ministry of Industry and Trade of the Republic of Kazakhstan with the functions of:
development of measures and implementation of state policy to increase the share of Kazakhstani content in the procurement of goods, works and services by organizations and government agencies (hereinafter referred to as Kazakh content) carried out on the territory of the Republic of Kazakhstan;
coordination and methodological support of the activities of government agencies on issues of Kazakhstani content;
to provide a set and analysis of general information on the Kazakh content, provided on a regular basis by the Ministries of Finance, Energy and Mineral Resources of the Republic of Kazakhstan on the basis of jointly approved forms;
monitoring of Kazakhstan's content in the procurement of goods, works and services of organizations according to the list approved by the Government of the Republic of Kazakhstan, as well as analysis of information provided by relevant organizations on purchases of goods, works and services conducted, ongoing and planned for the next year;
control and monitoring of the Kazakhstani content in the procurement of the national management holding, national holdings, national companies, their subsidiaries and affiliated companies, and other legal entities with state participation, and taking measures in case of violations;
methodological guidance of the activities of local executive bodies of regions (cities of republican significance, the capital) on the formation of a list of goods, works and services produced in the territory of the region (cities of republican significance, the capital), and their manufacturers;
approval of forms for organizations to provide information on Kazakhstani content in the procurement of goods, works and services;
to form and maintain a register of goods, works and services produced by Kazakhstani manufacturers, as well as to develop and approve criteria for their assessment for inclusion in this register;
methodological guidance and control over the implementation of the offset policy;
2) Ministry of Energy and Mineral Resources of the Republic
Kazakhstan has functions for collecting and analyzing information about the,
produced and planned for the year following the reporting period
procurement of goods, works and services provided by subsurface users and (or) persons authorized by subsurface users to purchase goods, works and services for conducting subsurface use operations;
3) local executive bodies of regions (cities of republican significance, the capital) have the functions of collecting, analyzing and submitting information on Kazakhstani content from organizations to the Ministry of Industry and Trade of the Republic of Kazakhstan on the basis of forms approved by this Ministry.
2. To the Government of the Republic of Kazakhstan:
1) provide for the competence of:
The Ministry of Finance of the Republic of Kazakhstan has the function and authority to monitor compliance with the legislation on Kazakh content in public procurement;
The Ministry of Energy and Mineral Resources of the Republic of Kazakhstan has the functions and powers to monitor and control the contractual obligations of subsurface users for Kazakhstani content in the procurement of subsurface users and (or) persons authorized by subsurface users to purchase goods, works and services, including taking measures in case of violations.;
2) ensure the transfer to the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan of the functions of the Ministry of Industry and Trade of the Republic of Kazakhstan on:
to form and maintain a register of goods, works and services used in conducting subsurface use operations, as well as to develop and approve criteria for their assessment for inclusion in this register;
approval of the report form for subsurface users on purchased goods, works and services and the annual program for the purchase of goods, works and services for the coming year;
requesting information from subsurface users and (or) persons authorized by subsurface users to purchase goods, works and services for conducting subsurface use operations on purchases of goods, works and services made and completed;
3) within two months, develop and submit for consideration by the Mazhilis of the Parliament of the Republic of Kazakhstan a draft law arising from this Decree, including providing for administrative liability for violation of the requirements of the laws of the Republic of Kazakhstan in terms of Kazakh content;
4) ensure the functioning of appropriate electronic information resources providing information on products of Kazakhstani origin and purchases of goods, works and services made, produced and planned by organizations for the year following the reporting period;
5) to approve a unified methodology for calculating Kazakhstani content by organizations when purchasing goods, works and services;
6) take other necessary measures to implement this Decree.
3. Control over the implementation of this Decree is entrusted to the Administration of the President of the Republic of Kazakhstan.
4. This Decree shall enter into force from the date of signing.
President
Republic of Kazakhstan
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