On amendments and additions to the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" on improving subsoil use in the field of hydrocarbons and uranium

Home / Changes / On amendments and additions to the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" on improving subsoil use in the field of hydrocarbons and uranium

The Law of the Republic of Kazakhstan dated December 26, 2025 No. 243-VIII SAM

IZPI's note!

For the procedure for the enactment of this Law, see art. 2.

Article 1. To make the following amendments and additions to the Code of the Republic of Kazakhstan dated December 27, 2017 "On Subsoil and Subsoil Use":

1) in article 36:

Paragraph 1-1 should be supplemented with subparagraph 3-1) as follows:

"3-1) a standard contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories;";

The sixth paragraph of subparagraph 2) of paragraph 1-2 should be deleted;

Add the words "with the exception of subsurface areas located within poorly explored territories" to the first part of paragraph 1-3 after the words "to a complex project".;

add paragraphs 1-5 and 2-2 as follows:

"1-5. Poorly studied territories are those territories within which no or limited regional geological studies have been conducted, the results of which have not revealed promising sedimentary basins.

The procedure for classifying territories as poorly studied territories for the purposes of exploration and production of hydrocarbons is determined by the authorized body for the study of subsurface resources in coordination with the competent authority.";

"2-2. A subsurface use contract for a subsurface area, which was previously decided to be transferred to the trust management of a national company in the field of hydrocarbons in connection with the termination of the right of subsurface use, in addition to the conditions provided for in paragraphs 2 and 2-1 of this article, must include the following conditions for compensation:

1) to the trustee of expenses incurred in accordance with the trust management agreement, as well as for the payment of remuneration to him, except for the cases provided for by this Code;

2) to the former subsurface user, the cost of equipment and other property transferred in accordance with subparagraph 1) of paragraph 8 of Article 107 of this Code;

3) the state of the value of the transferred property acquired and (or) received by the trustee in the process of trust management.";

In paragraph 5, the words "exploration and production, a production contract, a contract for the exploration and production of hydrocarbons for a complex project or a contract for the production of hydrocarbons for a complex project" should be replaced by the word "subsurface use";

2) in article 40:

Add subparagraph 4) to paragraph 2 as follows:

"4) under a contract for the exploration and production of hydrocarbons in the first three years of the contract, with the exception of the cases provided for in paragraph 8 of Article 103 and paragraph 3 of Article 160 of this Code.";

Add the following second sentence to the second part of paragraph 3:

"In case of transfer of the right of subsurface use (share in the right of subsurface use) provided for in subparagraph 10) of paragraph 2 of Article 44 of this Code, the specified application is submitted by the acquirer of the right of subsurface use (share in the right of subsurface use).";

3) add paragraph 2-1 to article 42 as follows:

"2-1. It is prohibited to transfer objects related to the right of subsurface use under a contract for the exploration and production of hydrocarbons during the first three years from the date of its conclusion, if such a contract is the only one in connection with which the object is recognized as an object related to the right of subsurface use, in the absence of another (other) exploration and production contract(s) or production of hydrocarbons.";

4) paragraph 2 of article 43 should be worded as follows:

"2. A subsurface area is strategic:

1) containing geological reserves of more than fifty million tons of oil or more than fifteen billion cubic meters of natural gas.

The content of geological reserves of oil or natural gas is confirmed by a report on the calculation of geological reserves of hydrocarbons approved by the subsurface user and received a positive conclusion from the state expertise of the subsurface.;

2) located in the Kazakh sector of the Caspian Sea.

A subsurface area is recognized as located in the Kazakh sector of the Caspian Sea if all geographical coordinates of the territory of such a subsurface area are located within the area of the seabed and subsurface, the spatial boundaries of which with the areas of neighboring countries are established by international treaties ratified by the Republic of Kazakhstan, and the spatial boundary with the land runs along the line formed as a result of the maximum surge of water in the Caspian Sea;

3) containing a uranium deposit.

The content of the uranium deposit is confirmed by the report on the calculation of geological reserves of uranium approved by the subsoil user and received a positive conclusion from the state examination of the subsoil. If a subsurface area contains a rare-earth uranium deposit, then for the purposes of this subparagraph, such a subsurface area is recognized as a subsurface area containing a uranium deposit.

The list of strategic subsurface areas and the procedure for its management are approved by the competent authority in coordination with the authorized body for the study of subsurface.";

5) paragraph 2 of Article 44 should be supplemented with subparagraph 15) as follows:

"15) compulsory reorganization of a legal entity by a court decision that has entered into force, as well as in cases provided for by the laws of the Republic of Kazakhstan.";

6) delete subparagraph 3) of Article 59;

7) in article 64:

Subparagraph 16-1) should be worded as follows:

"16-1) development and approval of instructions on the classification of reserves of deposits and forecast mineral resources, including those related to unconventional hydrocarbons;";

add subparagraph 16-2) to read as follows:

"16-2) development and approval of a methodology for calculating mineral reserves, including those related to unconventional hydrocarbons;";

8) in article 70:

in paragraph 3:

In Part two, replace the words "for the exploration or extraction of uranium at a uranium or rare-earth-uranium deposit" with the words "a national uranium company for the exploration or extraction of uranium at a uranium deposit";

add parts three and four of the following content:

"The indication in the management program of the state subsoil fund of the territory, within which the right of subsurface use is subject only to national companies in the field of hydrocarbons or uranium, is limited to the following:

1) for the conclusion of a contract for exploration and production or production of hydrocarbons on the basis of direct negotiations – three consecutive years from the date of inclusion of the relevant territory in the management program of the state subsoil fund;

2) for issuing a license for exploration of solid minerals – a territory with uranium mining and (or) uranium deposits;

3) for the conclusion of a contract for the extraction of uranium – the presence of a uranium deposit.

The territories specified in subitems 1), 2) and 3) of part three of this paragraph are subject to transfer by the competent authority to the category of territories designated for granting the right of subsurface use to third parties on the basis of an auction, by making amendments and additions to the management program of the state subsoil fund within six months after:

1) expiration of three consecutive years for the conclusion of a contract for exploration and production or production of hydrocarbons based on direct negotiations with a national company in the field of hydrocarbons;

2) termination of the right of subsurface use granted to national companies in the field of hydrocarbons or uranium as a result of their abandonment of a subsurface area (part of a site), revocation of a license or termination of a subsurface use contract.";

Paragraph 5 should be worded as follows:

"5. The competent authority may not otherwise provide subsurface plots for use for conducting subsurface use operations in the territories designated for these purposes in the state subsurface fund management program in accordance with paragraph 3 of this article.";

9) add subparagraph 7) to the second part of paragraph 3 of Article 77 as follows:

"7) based on the results of the work program for the first three years of the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories.";

10) in article 94:

in paragraph 1:

Subparagraph 3) of the first part should be worded as follows:

"3) the name and geographical coordinates of the requested territory of a subsurface area or a subsurface area located within poorly explored territories specified in the state subsurface fund management program as provided on the basis of an auction for exploration and production or production of hydrocarbons.";

add the following part of the second part:

"For the purposes of this paragraph, the territory of a subsurface area must be completely located within the territory specified in paragraph 1-5 of Article 36 or subparagraph 2) of the first part of paragraph 3 of Article 70 of this Code.";

in paragraph 2:

add the words ", and the application for an auction for a subsurface area located within poorly explored territories – within ten working days from the date of its receipt by the competent authority".;

in part two:

subparagraph 1) should be supplemented with the words ", with the exception of subsurface areas located within poorly explored territories";

Subparagraph 2) should be worded as follows:

"2) refuses to consider an application for an auction in cases where:

During the three years prior to submitting the application, the applicant submitted another application for the auction, but did not register as an auction participant.;

the declared plot does not comply with the requirements of the second part of paragraph 1 of this Article;";

add subparagraph 3) as follows:

"3) publishes a notice of an auction in accordance with Article 95 of this Code for a subsurface area located within poorly explored territories for the purposes of exploration and production of hydrocarbons within five working days from the expiration date of the application review period established by part one of this paragraph, unless the applicant has been denied consideration of the application in accordance with subparagraph 2) of the present part.";

11) in article 95:

add the words ", as well as in the cases provided for by the second part of paragraph 3 of Article 103 of this Code" to the first part of paragraph 1.;

in paragraph 2:

in part one:

Subparagraph 2) should be worded as follows:

"2) the deadline for submitting applications for participation.

For a subsurface area located within poorly explored territories, the deadline for submitting applications is set at ten working days from the date of publication of the notice;";

subparagraph 6) after the words "during the exploration period", add the words "subject to the requirements of paragraph 3-1 of this article";

subparagraph 14) should be supplemented with the following sentence:

"For a subsurface area located within poorly explored territories, the initial exploration period is set at three years.";

add the words ", with the exception of an auction for a subsurface area located within poorly explored territories" to Part two;

add the following part of the third:

"An auction for a subsurface area located within poorly explored territories is held within ten working days after the deadline for consideration of applications for participation in the auction.";

add paragraph 3-1 as follows:

"3-1. In the case of an auction for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, the work program should include:

1) the minimum amount of geological survey and (or) geophysical work in the initial exploration period, including two-dimensional seismic work on an area covering at least thirty percent of the subsurface area;

2) the minimum amount of exploration work in the exploration period immediately following the initial exploration period, including drilling of at least one exploration well.

A person who, as of the date of the auction, is a party to a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, or is a person controlling a subsurface user under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, is not allowed to participate in an auction for a subsurface area located within poorly explored territories. within poorly explored territories.";

12) in article 97:

in the second part of paragraph 2, replace the words "and 9)" with the words ", 9) and 10)";

in the second and third parts of paragraph 2-1, the words "but not later than fifteen working days before the auction date" should be deleted;

Paragraph 3 should be supplemented with subparagraph 10) as follows:

"10) the applicant does not meet the requirements of the second part of paragraph 3-1 of Article 95 of this Code.";

13) delete article 98;

14) in article 100:

Paragraph 1 should be supplemented with the second part as follows:

"If only one participant was allowed to hold an auction for a subsurface area located within poorly explored territories, then such participant is recognized as the winner of the auction, provided that such person pays the initial amount of the subscription bonus.";

in paragraph 2:

in part one:

replace the word "formalized" with the word "summed up";

the words "protocol signed by the competent authority and the winner of the auction" should be deleted;

In part two, replace the words "three working days" with the words "one working day";

Paragraph 3 should be supplemented with the following third part:

"When granting the right of subsurface use to a subsurface area located within poorly explored territories, the work program is developed taking into account the requirements of the first part of paragraph 3-1 of Article 95 of this Code.";

15) in article 101:

Paragraph 1 should be supplemented with the second part as follows:

"This clause does not apply to auctions conducted on a subsurface area located within poorly explored territories.";

in paragraph 2:

the words "Recognition of the auction as invalid is formalized by a protocol signed by all present members of the commission.";

replace the words "three working days from the date of registration of the protocol" with the words "one working day from the date of completion of the auction";

16) in article 103:

Paragraph 3 should be supplemented with the second part as follows:

"An application for obtaining the right to subsurface use through direct negotiations must be submitted by a national company in the field of hydrocarbons no later than three years from the date of inclusion of the relevant territory in the state subsoil fund management program. If the application for direct negotiations has not been submitted within the specified period, the territory for which the right of subsurface use has not been granted through direct negotiations is subject to auction in accordance with paragraph 1 of this chapter.";

in the first part of paragraph 6, the words "and agreed with the competent authority" should be deleted;

17) paragraph 1-1 of Article 106 should be supplemented with subparagraph 5) as follows:

"5) failure to comply with the work program provided for the initial exploration period under the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories.";

18) in article 107:

Subparagraph 2) of paragraph 6 should be worded as follows:

"2) is obliged to begin work on eliminating the consequences of subsurface use or conservation of a subsurface area in accordance with the liquidation or conservation project within the time limits provided for in subparagraph 1-1) of paragraph 3 of Article 126 and subparagraph 1-1) of paragraph 3 of Article 127 of this Code;";

in paragraph 8:

Subparagraph 1) should be worded as follows:

"1) is obliged, within one month from the date of receipt of the notification, to draw up and approve in the competent authority a list of equipment and other property ensuring the continuity of the technological process and industrial safety in the subsurface area, which are subject to transfer to the trust management of the national company in the field of hydrocarbons for a period until the transfer of property to a new subsurface user.

In the absence of the former subsurface user or his evasion from drawing up and (or) approving a list of equipment and other property ensuring the continuity of the technological process and industrial safety in the subsurface area, such a list is formed by the national company in the field of hydrocarbons independently;";

add subparagraph 1-1) as follows:

"1-1) is obliged, within fifteen calendar days from the date of approval by the competent authority of the list of equipment and other property ensuring the continuity of the technological process and industrial safety in the subsurface area, to conclude a trust management agreement with a national company in the field of hydrocarbons in accordance with paragraph 2 of Article 108 of this Code.

In the absence of the former subsurface user or his evasion from transferring equipment and other property to the national company in the field of hydrocarbons that ensure the continuity of the technological process and industrial safety in the subsurface area, the competent authority acts as his attorney in respect of such equipment and other property and transfers them to the national company in the field of hydrocarbons according to an act providing for an indication of the condition of transferred equipment and other property, ensuring the continuity of the technological process and industrial safety in the subsurface area, in accordance with the list specified in the second part of subparagraph 1) of this paragraph;";

in subparagraph 2):

The words "equipment and other" should be deleted;

replace the word "facilities" with the words "equipment and other property";

in paragraph 9:

In subparagraph 1), replace the words "assessment of the property specified" with the words "checking the condition and availability of equipment and other property specified";

add subparagraph 1-1) as follows:

"1-1) The trustee shall arrange for the assessment of the equipment and other property specified in subparagraph 1) of paragraph 8 of this article according to the methodology agreed upon between the trustee and the person who received the notification from the competent authority.

If the trustee and the person who received the notification from the competent authority cannot come to an agreement on the methodology for evaluating equipment and other property within one month from the date of conclusion of the trust management agreement for equipment and other property, or the former subsurface user is absent, or he evades the conclusion of the trust management agreement, the competent authority has the right to determine the methodology for evaluating the equipment. and other property based on tax accounting data, based on the value of fixed assets as of the end of the tax period preceding the tax period in which the transfer of equipment and other property takes place;";

in subparagraph 2):

replace the words "property specified" with the words "equipment and other property specified";

replace the words "such property within the time limits specified in the notice of the auction" with the words "such equipment and property ensuring the continuity of the technological process and industrial safety in the subsurface area, in accordance with the procedure and terms specified in the subsurface use contract";

add paragraph 9-1 as follows:

"9-1. For the purposes of Section VII of this Code, equipment and other property ensuring the continuity of the technological process and industrial safety in a subsurface area is understood to mean a set of interrelated things, property rights and intangible assets forming a property complex used for conducting operations for the extraction of hydrocarbons, the absence or loss of which leads to a halt or decrease in the level of production achieved before termination of the right of subsurface use, taking into account the indicators of project documents, and (or) creates or may create a threat to the industrial safety of subsurface use operations. Such equipment and property includes wells, technological installations, pipelines, facilities for storing and cleaning raw materials, buildings and structures located on the subsoil and land plots provided for conducting operations on subsurface use, as well as infrastructure facilities, inventory, raw materials, software, technical and other documentation, intangible assets. assets and other elements of the property complex that directly ensure the technological process and industrial safety of subsurface use operations.";

in paragraph 10:

subparagraph 1) should be supplemented with the words "or grants the right to subsurface use through direct negotiations to a national company in the field of hydrocarbons";

add subparagraph 1-1) as follows:

"1-1) the competent authority for strategic subsurface areas grants the right of subsurface use to a national company in the field of hydrocarbons through direct negotiations;";

add paragraph 11 as follows:

"11. The provisions of this article do not apply to cases of termination of the right of subsurface use in a subsurface area that includes part of a discovered deposit or deposit of hydrocarbons, followed by the inclusion of such a subsurface area in another contract for exploration and production or production of hydrocarbons in accordance with paragraphs 4, 5 and 6 of Article 151 of this Code.";

19) paragraph 7 of Article 110 should be supplemented with the words ", and under the standard contract for the exploration and production of hydrocarbons provided for in subparagraph 3-1) of paragraph 1-1 of Article 36 of this Code, may not exceed five hundred blocks";

20) paragraph 2 of Article 111 should be supplemented with the second part as follows:

"From the date of termination of the subsurface use contract, a temporary paid land use (lease) agreement concluded with a subsurface user on the basis of such a contract is subject to termination in accordance with the land legislation of the Republic of Kazakhstan within the boundaries of the subsurface area fixed in the terminated subsurface use contract.";

21) in article 113:

add paragraph 1-1 as follows:

"1-1. An increase in the subsurface area by deepening the lower spatial boundary of the subsurface area to five thousand meters without changing the closed contours (boundaries) on the earth's surface (on the territory of the subsurface area) under a contract for exploration and production or production of hydrocarbons for the purposes of additional exploration of the lower horizons is carried out at the request of the subsurface user, subject to the following conditions::

1) the subsurface area for which an increase in the lower spatial boundary of the subsurface area is requested belongs to the mining area and does not belong to large deposits;

2) the lower spatial boundaries of the expandable part of the subsurface area are free from subsurface use for hydrocarbons and there is no ban on conducting subsurface use operations.;

3) there are no violations of obligations under the subsoil use contract that have not been eliminated by the subsurface user, as indicated in the notification of the competent authority;

4) the obligations specified in paragraph 1 of Article 129 of this Code are assumed under subsurface use contracts concluded before the entry into force of this Code and which have not transferred to the terms of a standard contract for exploration and production or production of hydrocarbons approved by the competent authority.

The terms of the obligations assumed cannot be less beneficial for the Republic of Kazakhstan than the terms under which the right of subsurface use was granted.;

5) an obligation is assumed to carry out additional exploration of the lower horizons in the expandable part of the subsurface area for a period of up to three years on the basis of the field development project (amendments and additions to it).

The discovery of a deposit (aggregate of deposits) of hydrocarbons based on the results of additional exploration of the lower horizons in the expandable part of the subsurface area is confirmed by the authorized body for the study of subsurface in accordance with the procedure provided for in Article 123 of this Code, before the expiration of the period specified in subparagraph 5) of the first part of this paragraph.";

The first paragraph of the first part of paragraph 3 should be worded as follows:

"3. The following documents shall be additionally attached to the application submitted in accordance with paragraph 1 of this article:";

add paragraph 3-1 as follows:

"3-1. The application submitted in accordance with paragraph 1-1 of this Article shall additionally be accompanied by:

1) the field development project (amendments and additions to it), which has received a positive conclusion from the state expert examination of the basic design documents and provides for additional exploration of the lower horizons in the expandable part of the subsurface area;

2) an addendum to the contract signed by the subsurface user, which provides:

deepening of the lower spatial boundary of the subsurface area (as an appendix to the contract);

obligations of the subsurface user to carry out additional exploration of the lower horizons in the expandable part of the subsurface area within a period of no more than three years from the date of conclusion of the addendum to the contract providing for deepening of the lower spatial boundary of the subsurface area;

the obligations of the subsurface user to return the expandable part of the subsurface area after the expiration of the period specified in subparagraph 5) of paragraph 1-1 of this article, in the absence of a discovered deposit (aggregate of deposits) of hydrocarbons in such a site based on the results of additional exploration of the lower horizons, confirmed by the authorized body for the study of the subsurface.";

22) in article 114:

Subparagraph 1) of paragraph 1 shall be worded as follows:

"1) completion of work on the elimination of the consequences of subsurface use in the returned subsurface area, as well as work on the conservation of the subsurface area, provided that the conservation is carried out by a national company in the field of hydrocarbons or a legal entity, fifty or more percent of the voting shares (participation interests) in which are directly or indirectly owned by a national company in the field of hydrocarbons, before the date of return in accordance with the procedure established by this Code;";

Subparagraph 1) of paragraph 3 should be worded as follows:

"1) a copy of the act of liquidation of the consequences of subsurface use or the act of conservation, if conservation was carried out on the returned subsoil plot(s) by a subsurface user who is a national company in the field of hydrocarbons or a legal entity, fifty or more percent of the voting shares (participation interests) in which are directly or indirectly owned by a national company in the field of hydrocarbons;";

23) paragraph 2 of Article 115 should be supplemented with the following third part:

"The requirements of subitems 1) of parts one and two of this paragraph do not apply to the allocation of a subsurface area(s) within a deposit(s) classified as depleted in accordance with Article 153-1 of this Code.";

24) in article 116:

in paragraph 1:

After the words "to complex projects", add the words ", as well as a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories" to the first part;

add the following part of the third:

"Under the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, the initial exploration period is set for a period of three years.";

in paragraph 5:

Add the words "under a contract for the exploration and production of hydrocarbons for a complex project" to the first part after the words "Statement on the transition to the evaluation stage or the trial operation stage";

after the words "to the assessment stage or the trial operation stage", add the words "under the contract for the exploration and production of hydrocarbons for a complex project" to the second part;

After the words "not related to complex projects", add the words ", as well as under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories" to the first part of paragraph 7.;

25) in article 117:

add the words ", as well as under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories" to the title;

Paragraph 1 should be supplemented with parts three and four as follows:

"The initial exploration period under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories may be extended within the period provided for in part one of paragraph 1 of Article 116 of this Code, at the request of the subsurface user, provided that the work program of the initial exploration period is fully completed.

The exploration period under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories may be extended beyond the period provided for in paragraph 1 of Article 116 of this Code, subject to possible extension in the manner and on the terms provided for in paragraph 3-2 of this Article.";

Add the words ", as well as under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories" to the first part of paragraph 2.;

paragraph 2-1 after the words "for complex projects" should be supplemented with the words ", as well as under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories";

Add the words ", as well as under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories" to the first part of paragraph 3.;

in the first paragraph of the first part of paragraph 3-2:

after the words "for complex projects," add the words ", as well as under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories.";

Replace the words "paragraph 1" with the words "part one of paragraph 1";

the first paragraph of the first part of paragraph 6 after the words "for complex projects" should be supplemented with the words ", as well as under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories";

add paragraph 6-1 as follows:

"6-1. The application for the extension of the initial exploration period under the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories is accompanied by:

1) a program of additional work approved by the subsurface user and containing the volume, description and timing of additional work that the subsurface user undertakes to perform in the relevant subsurface area in the event of an extension of the exploration period, taking into account the requirements of subparagraph 2) of the first part of paragraph 3-1 of Article 95 of this Code;

2) an addendum to the contract signed by the subsurface user, which provides:

extension of the exploration period in accordance with the third part of paragraph 1 of this article;

the obligation of the subsurface user to implement the program of additional work specified in subparagraph 1) of this paragraph and attached to the contract as an integral part thereof;

3) a report on the results of geological exploration work, agreed upon by the authorized body for the study of subsurface resources in accordance with paragraph 16 of Article 123 of this Code, in the event of an extension of the initial exploration period.";

in the first part of paragraph 9:

in subparagraph 2), replace the numbers "1-3" with the words "1, 2, 2-1, 3 and 3-2";

add subparagraph 4) as follows:

"4) failure to fully implement the program of work for the initial exploration period under the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories.";

Paragraph 11 after the words "to complex projects" should be supplemented with the words ", as well as the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories";

26) add the words "as well as under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories" to the first part of paragraph 1 of Article 118 after the words "for complex projects".;

27) in article 119:

Paragraph 7 should be supplemented with the following third part:

"Under the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, in addition to accepting the obligations provided for in part one of this paragraph, the condition for securing the production period is the participation of the national company in the field of hydrocarbons in the subsoil use contract in the amount of fifty percent or more. At the same time, the national company in the field of hydrocarbons is obliged to reimburse the subsurface user for the share of exploration costs incurred according to the data of the tax accounting of the subsurface user on the date of filing the application for transition to the production period, in proportion to the share transferred in favor of the national company in the field of hydrocarbons. The procedure and terms of cost recovery are determined by agreement of the parties. In case of failure to reach such an agreement, these costs are reimbursed within six months from the date of transfer of the share in the subsoil use contract in favor of the national company in the field of hydrocarbons. The costs incurred after the production period is fixed are distributed in proportion to the shares of the subsurface users in the subsurface use contract.";

Paragraph 15 should be supplemented with the second part as follows:

"In the case provided for in part three of paragraph 7 of this article, the subsurface user and the national company in the field of hydrocarbons must, before the expiration of the period provided for in part one of this paragraph, agree on the terms for the transfer of a share in a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, or a contract for the production of hydrocarbons.";

Paragraph 17 should be supplemented with the second part as follows:

"In the case provided for in the third part of paragraph 7 of this article, an addendum to the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, or a contract for the production of hydrocarbons must also be signed by a national company in the field of hydrocarbons.";

28) in article 123:

Item 2:

add the words ", except for the case provided for in part two of this paragraph";

add the following part of the second part:

"Under the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, a subsurface user is prohibited from drilling wells until the work program provided for the first three years of the exploration period is fully completed. Such a prohibition shall not apply in case of early completion of the work program provided for the first three years of the exploration period and approval of the report on the results of exploration work in accordance with paragraph 16 of this article with the authorized body for the study of the subsoil.";

add paragraphs 16 and 17 as follows:

"16. Upon completion of the initial exploration period under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, the subsurface user is required to submit to the authorized body for the study of subsurface a report on the results of exploration in accordance with Article 132 of this Code. The authorized body for the study of subsurface resources reviews the report within one month for the completion of the work provided for in the program of the initial exploration period in full.

Based on the results of the review of the report, the authorized body for the study of subsurface resources approves the report or refuses approval if the work has not been completed in full.

In case of refusal to approve the report, it should indicate the grounds for such refusal, measures and deadlines for their elimination.

If, during the review of the report or the elimination of the reasons for the refusal to approve the report, the initial exploration period under the contract has expired, the contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories continues to apply to such a subsurface area (it is considered conditionally extended) for the period of review of the report or elimination of the comments identified in the report. At the same time, the term of such an extension may not exceed three months.

17. If, after the conclusion of a contract for the exploration and production of hydrocarbons, the territory of the subsurface area within which it is located has been recognized as not belonging to poorly explored territories in accordance with paragraph 1-5 of Article 36 of this Code, the exploration conditions under such a contract, including obligations under the work program of the contract, remain during the exploration period.";

29) paragraph 3 of Article 126 should be supplemented with subparagraph 1-1) as follows:

"1-1) not later than six months from the date of termination of the right of subsurface use, to begin work on the elimination of the consequences of subsurface use. The specified period may be extended by the competent authority at the request of the person whose right of subsurface use has been terminated, if work on the elimination of the consequences of subsurface use cannot be started due to circumstances beyond the control of the will of the subsurface user;";

30) paragraph 3 of Article 127 should be supplemented with subparagraph 1-1) as follows:

"1-1) not later than six months from the date of termination of the right of subsurface use, to begin work on the conservation of the subsurface area. The specified period may be extended by the competent authority at the request of the person whose right of subsurface use has been terminated, if work on the conservation of the subsurface area cannot be started due to circumstances beyond the control of the will of the subsurface user;";

31) the third part of paragraph 1 of Article 130 should be worded as follows:

"The requirements of this paragraph do not apply during the production period under contracts for exploration and production or production of hydrocarbons:

1) for complex projects specified in subitems 1) and 3) of paragraph 1-2 of Article 36 of this Code;

2) with respect to the volumes of hydrocarbons produced using special methods to increase oil recovery in accordance with Article 148-1 of this Code.";

32) in article 132:

Add subparagraph 1-1) to the first part as follows:

"1-1) a report on the results of geological exploration in a subsurface area located within poorly explored territories;";

The second part should be worded as follows:

"The reports provided for in subparagraphs 1) and 1-1) of this article shall be submitted to the authorized body for the study of subsurface resources in accordance with the procedure approved by it.";

33) add article 148-1 as follows:

"Article 148-1. Production of hydrocarbons using methods to increase oil recovery

In order to increase oil recovery in hydrocarbon deposits, subsurface users can use methods to increase oil recovery, which, depending on the complexity, are divided into traditional and special.

The classification of methods for increasing oil recovery, and the procedure for calculating the volumes of hydrocarbons produced using special methods for increasing oil recovery are determined by uniform rules for the rational and integrated use of subsurface resources.

The types and conditions for the application of appropriate methods to increase oil recovery are established by the field development project.

In order to encourage the use of special methods to increase oil recovery, the following support measures are envisaged:

exemption of volumes of hydrocarbons extracted using special methods of increasing oil recovery from the obligations stipulated in the first part of paragraph 1 of Article 130 of this Code;

other measures provided for by the legislation of the Republic of Kazakhstan.";

34) add paragraphs 4, 5 and 6 to Article 151 as follows:

"4. In the event of termination of the right of subsurface use in a subsurface area that includes part of a discovered deposit or deposit, a subsurface user engaged in exploration and production or production of hydrocarbons in another subsurface area that includes another part of the discovered deposit or deposit has the right to apply to the competent authority with an application for an increase in the subsurface area in order to include the corresponding part of the deposit or deposit.

In this case, the increase in the subsurface area is carried out in accordance with Article 113 of this Code, taking into account the specifics provided for in this Article.

5. If a decision is made to enlarge a subsurface area in accordance with paragraph 4 of this Article, the provisions of paragraph 4 of Article 107 of this Code shall not apply to the subsurface use contract under which the subsurface use right is terminated.

In this case, the former subsurface user is obliged to transfer equipment and other property ensuring the continuity of the technological process and industrial safety in the subsurface area, the composition of which is determined by paragraph 9-1 of Article 107 of this Code, to the subsurface user who submitted an application for an increase in the subsurface area. The transferred equipment and property are assessed according to tax accounting data based on the value of fixed assets as of the end of the tax period preceding the tax period in which the transfer of such equipment and property takes place.

After the transfer of a subsurface area to another subsurface user, the former subsurface user is obliged to transfer to him the rights under the bank deposit agreement, which is the subject of a pledge ensuring the elimination of the consequences of subsurface use.

6. The provisions of paragraphs 4 and 5 of this Article do not apply to strategic subsurface areas.";

35) in paragraph 3 of Article 153-1, the words "723 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code)" should be replaced by the words "757 of the Tax Code of the Republic of Kazakhstan";

36) in paragraph 3 of article 160, replace the word "fifty" with the words "seventy-five";

37) paragraph 3 of Article 163 should be supplemented with sub-paragraphs 2-1) and 2-2) as follows:

"2-1) the full development by the subsurface user of the recoverable uranium reserves provided for as of January 1, 2024 by the work program of the subsurface use contract or the project document, except for the cases provided for in paragraph 9 of Article 176 of this Code;

2-2) non-fulfillment or late fulfillment of obligations specified in subitems 1) and 2) of the first part of paragraph 5-1 of Article 173 of this Code;";

38) in article 164:

Paragraph 8 should be worded as follows:

"8. In the case provided for in subparagraph 3) paragraph 3 of this Article, the equipment and other property specified in subparagraph 1) of paragraph 7 of this article, from the date of conclusion of the uranium mining contract, shall become the property of a new subsurface user, who shall pay to the former subsurface user the cost of such equipment and property in the amount determined on the basis of the value of transferred fixed assets according to tax accounting data, in the following order:

The value of the transferred fixed assets is determined in the amount of the value reflected in the tax accounting at the end of the tax period preceding the tax period in which the transfer of the property of the subsurface user takes place, reduced by the amount of calculated depreciation charges for the tax period preceding the tax period in which such transfer takes place. The specified value of transferred fixed assets is also reduced by the amount of retired fixed assets in the tax period in which such transfer of equipment and other property of the subsurface user takes place.

In case of absence of the value of the transferred fixed assets or non-fulfillment of the obligations specified in subparagraph 2) of the first part of paragraph 5-1 of Article 173 of this Code, the transfer of equipment and other property is carried out free of charge.";

add paragraph 8-1 as follows:

"8-1. For the purposes of this article, equipment and other property ensuring the continuity of the technological process and industrial safety in a subsurface area is understood to mean a set of interrelated things, property rights and intangible assets forming a property complex used for uranium mining and processing operations, the absence or loss of which leads to a halt or decrease in the level of production achieved before termination of the right of subsurface use, taking into account the indicators of project documents, and (or) creates or may create a threat to the industrial safety of subsurface use operations. Such equipment and property includes wells, pipelines, technological distribution units for productive and leaching solutions, technological acidification units, sand settling tanks, buildings and structures located on the subsurface and land plots provided for subsurface use operations, as well as infrastructure facilities, inventory, raw materials, software, technical and other documentation, intangible assets and other elements of the property complex, directly ensuring the technological process and industrial safety of subsurface use operations.";

The first paragraph of paragraph 9 should be worded as follows:

"9. In the case provided for in paragraph 8 of this article:";

39) in article 173:

Delete paragraph 4-1;

Paragraph 5-1 should be worded as follows:

"5-1. Based on the results of consideration of the application, the competent authority decides within five working days to extend the production period, provided that one of the following obligations is fixed in the provisions of the uranium mining contract:

1) a subsurface user is a national company in the field of uranium or a legal entity in which at least ninety percent of the voting shares (shares in the authorized capital) are owned directly or indirectly by such a national company.;

2) transfer by a foreign participant (shareholder) of a uranium mining joint venture to a national uranium company or jointly established legal entity of the technology of conversion and enrichment of uranium to the form of uranium hexafluoride enriched to five percent, on the following conditions:

implementation and localization of the technology of conversion and enrichment of uranium to the form of uranium hexafluoride, enriched to five percent, in the territory of the Republic of Kazakhstan jointly with the national uranium company through the construction of a plant without restrictions on the market for the products of such a plant;

provision by a foreign participant (shareholder) of a joint venture for uranium mining of a guaranteed market for the products of a plant for the conversion and enrichment of uranium to the form of uranium hexafluoride enriched to five percent, in the amount of at least fifty percent of the annual capacity of the plant by concluding a long-term contract for the guaranteed purchase of products for the entire period of extension of uranium mining.

The obligations listed in subparagraph 2) of part one of this paragraph should be fixed in agreements on the introduction and localization of technology for the conversion and enrichment of uranium to the form of uranium hexafluoride enriched to five percent in the territory of the Republic of Kazakhstan.

In cases of non-fulfillment or late fulfillment of the obligations specified in subparagraph 2) of part one of this paragraph, a foreign participant (shareholder) of a joint venture for the extraction of uranium is obliged to pay a penalty in accordance with the terms of the agreement on the introduction and localization of technology for the conversion and enrichment of uranium to the form of uranium hexafluoride enriched to five percent in the territory of the Republic of Kazakhstan.";

Paragraphs 5-2 and 5-3 should be deleted;

40) in article 176:

Paragraph 7 should be worded as follows:

"7. During the period of uranium mining, it is allowed to carry out additional exploration of the mining site in order to clarify the geological structure and reserves of the uranium deposit only by a national company in the field of uranium and (or) a legal entity in which at least ninety percent of the voting shares (shares in the authorized capital) are owned directly or indirectly by the national company in the field of uranium.

In the event that a subsurface user who is not a legal entity holds at least ninety percent of the voting shares (shares in the authorized capital) in which the national uranium company directly or indirectly owns, starting from January 1, 2024, an additional exploration of the mining site was carried out in order to clarify the geological structure and reserves. a uranium deposit, based on the results of which an increase in reserves has been confirmed by the authorized body for the study of subsurface resources, the national uranium company reimburses such a subsurface user for the costs., incurred for further study (exploration).

At the same time, the costs incurred for additional research (additional exploration) must be confirmed by a person who is an auditor in accordance with the Law of the Republic of Kazakhstan "On Auditing".";

add paragraph 9 as follows:

"9. An increase in production volumes and (or) reserves stipulated in a uranium mining contract or a deposit development project is allowed if one of the obligations stipulated in subparagraphs 1) and 2) of the first paragraph 5-1 of Article 173 of this Code is fixed in the uranium mining contract.";

41) in article 186:

subparagraph 7) of paragraph 2, after the word "in full", add the words "or in part";

in subitems 1) and 2) of the first part of paragraph 3, the words ", 6) and 7)" should be replaced by the words "and 6)";

42) in paragraph 1 of article 187:

replace the words "Person interested" with the words "A person and (or) a national company in the field of uranium interested";

replace the word "serves" with the word "serve";

add the following part of the second part:

"For territories with uranium deposits and (or) uranium deposits in the subsurface, as defined in the program for managing the state subsurface fund for the purpose of conducting uranium exploration operations, only a national company in the field of uranium can be an applicant.";

43) paragraph 3 of Article 193 should be supplemented with the second part as follows:

"If the exploration site contains uranium mineralization and (or) uranium deposits, the license period may be extended provided that the subsurface user renounces a part of the exploration site for the corresponding blocks containing uranium mineralization and (or) uranium deposits, except in cases of complex mineralization of ores of other solid minerals and uranium as an associated useful component, and (or) conducting exploration operations by a national company in the field of uranium.";

44) paragraph 1 of Article 201 should be supplemented with the second part as follows:

"In case of discovery of a uranium deposit, the holder of a license for exploration of solid minerals does not have the exclusive right to provide a mining site on the basis of paragraph 3 of Article 70 and paragraph 2 of Article 160 of this Code.";

45) in article 277:

in paragraph 3:

Add the words "and uranium" to the ninth paragraph after the word "hydrocarbons";

The thirty-sixth paragraph should be worded as follows:

"Articles 173 and 174, paragraphs 1, 7, 8 and 9 of Article 176, articles 177, 178, 179, 180, 181 and 184;";

Paragraph 5-1 should be deleted;

in the first paragraph of paragraph 6, replace the digits "2026" with the digits "2030";

in the first paragraph of paragraph 12, replace the digits "2026" with the digits "2030";

in subparagraph 1) of paragraph 14, replace the digits "2026" with the digits "2030";

46) in article 278:

Paragraphs 14-1 and 22-1 should be deleted;

Paragraph 26 after the word "subsurface use" should be supplemented with the words "for solid minerals";

Add the words ", except for the allocation of the subsurface area(s) related to the depleted field(s)," to the eleventh part of paragraph 35.;

in paragraph 40:

add the following part of the second part:

"The requirements of the fourth paragraph of the first part of this paragraph do not apply to deposits that meet the criteria specified in subparagraph 3) of paragraph 1-2 of Article 36 of this Code, provided that obligations for the unfulfilled amount of physical work at the date of filing the application will be provided for in the obligations of subsequent periods.";

In the third paragraph of the tenth part, replace the word "seventh" with the word "tenth".;

add paragraphs 41 and 42 as follows:

"41. A subsurface user performing subsurface use operations for hydrocarbons at a production site has the right, during the preparatory period, to switch to the terms of a standard contract for the production of hydrocarbons for a complex project, while complying with the following requirements:

1) the application for the transition to the terms of a standard contract for the production of hydrocarbons for a complex project was submitted before March 1, 2026;

2) at the time of filing the application, the subsurface user has no outstanding violations of obligations under the original contract, as indicated in the notification of the competent authority.;

3) the production site (deposit) meets one of the following conditions:

refers to onshore projects with at least one of the parameters specified in subparagraph 2) of paragraph 1-2 of Article 36 of this Code;

It contains reserves of a hydrocarbon deposit in combination with the following indicators:

The density of oil is at least 880 kg/m3 in reservoir conditions.;

The upper boundary (roof) of the oil deposit is located at a depth of more than one thousand meters.

An application for the transition to the terms of a standard contract for the production of hydrocarbons for a complex project in accordance with this paragraph is considered in accordance with parts six to twelve of paragraph 40 of this article.

In addition to the documents specified in part five of paragraph 40 of this article, the application shall be accompanied by a report on the calculation of geological reserves approved by the subsurface user and received a positive conclusion from the state examination of the subsurface, confirming the compliance of the mining site (field) with the requirements of subparagraph 3) of part one of this paragraph.

When switching to the terms of a standard contract for the production of hydrocarbons for a complex project in accordance with this paragraph, the contract sets the duration of the production period provided for in paragraph 1-1 of Article 119 of this Code, minus the actual production period under such a contract.

42. Holders of the right of subsurface use under licenses for the geological exploration of subsurface in force as of the date of filing the application specified in this paragraph, issued before January 1, 2025, the boundaries of the subsurface areas of which are completely located on the territory of subsurface areas located within poorly explored territories according to the management program of the state subsurface fund, are entitled to conclude a standard contract for the exploration and production of hydrocarbons provided for in subparagraph 3-1) of paragraph 1-1 of Article 36 of this Code, by submitting an application to the competent authority before the expiration of the license for the geological exploration of the subsurface in the relevant subsurface area.

In the event of the conclusion of a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, in accordance with this paragraph, the previously issued license for the geological exploration of the subsurface shall expire from the date of conclusion of the contract.

For the purposes of this paragraph, the exploration period is fixed for a period of six years, reduced by the actual term of the valid license for geological exploration of the subsurface as of the date of filing an application for transition to a contractual subsurface use regime for subsurface areas located within poorly explored territories.

The subsequent extension of the exploration period under a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories is permitted in accordance with the procedure and on the terms provided for in Article 117 of this Code, with the exception of the provisions of part three of paragraph 1 of Article 117 of this Code.

The work program for the exploration period must include the minimum requirements for the types and scope of work specified in subitems 1) and 2) of paragraph 3-1 of Article 95 of this Code. When concluding a subsurface use contract, the competent authority has the right to set higher minimum requirements for the scope and types of work.

The actual work performed on a subsurface area located within poorly explored territories under a valid license for the geological study of subsurface, on the basis of which the subsurface user switches to a contractual subsurface use regime in accordance with this paragraph, may be accounted for by performing the appropriate types of work on this subsurface area provided for by the program of work for the exploration period under the subsurface use contract.

When concluding a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, the exploration area is determined in accordance with the requirements of Article 110 of this Code.

If the person specified in part one of this paragraph has two or more licenses for the geological exploration of subsurface, the boundaries of which are completely located within the boundaries of subsurface areas located in poorly explored territories, such person has the right to conclude one or more separate standard contracts for the exploration and production of hydrocarbons in the subsurface area located within poorly explored territories, on the basis of an appropriate license for the geological exploration of the subsurface in accordance with the requirements of Article 110 of this Code.

Under subsurface use contracts concluded in accordance with this paragraph, it is prohibited to transfer the right of subsurface use and (or) objects related to the right of subsurface use during the exploration period determined in accordance with part three of this paragraph.

When concluding a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, the subsurface user pays a subscription bonus in an amount equal to the initial amount of the subscription bonus, determined in accordance with the tax legislation of the Republic of Kazakhstan.

A subsurface area located within poorly explored territories should be free from subsurface use of hydrocarbons.

An application for the conclusion of a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories must contain:

1) information about the holder of a license for the geological exploration of subsurface in accordance with subitems 1), 2) and 2-1) of paragraph 2 of Article 96 of this Code;

2) the number and date of issue of the license for the geological exploration of the subsurface, the coordinates of the boundaries of the subsurface area under the license for the geological exploration of the subsurface;

3) coordinates of the boundaries of the subsurface area requested for the conclusion of a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories.

The application must additionally be accompanied by:

1) confirmation of payment of the subscription bonus and a contract signed by the applicant for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, corresponding to the terms of a standard contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories;

2) the original or a notarized copy of the license for the geological exploration of the subsoil;

3) the documents provided for in subparagraph 4-1) of paragraph 3 of Article 96 of this Code;

4) the work program of the exploration period;

5) information about the seismic surveys carried out by the applicant on the subsurface area under the relevant license for the geological study of subsurface.

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 consideration of the application, the competent authority decides to conclude a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, or refuses to conclude a contract.

The competent authority refuses to conclude a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories if the application does not comply with the requirements set out in this paragraph, or if the requested subsurface area is in use under a subsurface use contract for hydrocarbons from another person.

The refusal of the competent authority does not deprive the subsurface user of the right to file a second application after the elimination of the violations indicated in the refusal of the competent authority.

If a decision is made to conclude a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories, the competent authority shall conclude such a contract within twenty working days and send a signed copy to the applicant.

Applications for the conclusion of a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories submitted by different holders of a license for the geological study of subsurface in subsurface areas whose boundaries partially or completely coincide are considered in the order of their receipt.

If two or more applications for the conclusion of a contract for the exploration and production of hydrocarbons in a subsurface area located within poorly explored territories are submitted by different holders of a license for the geological study of subsurface in subsurface areas whose boundaries partially or completely coincide on the same day, the order (priority) of consideration of applications is determined by the previously issued license. for the geological study of the subsurface.".

Article 2. This Law shall enter into force sixty calendar days after the date of its first official publication, with the exception of:

1) subparagraph 21) of Article 1, which will enter into force on June 3, 2025;

2) subitems 35), paragraphs one, three to ten of subitems 39), paragraphs one, six and seven of subitems 40), paragraphs one, two, four to nine of subitems 45) and paragraphs one, five to twenty of subitems 46) of Article 1, which enter into force on January 1, 2026.

President

Republic of Kazakhstan

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