On approval of the Rules for Recognizing the Production activity (Technological process) of subjects of industrial and innovative activity as a production activity (technological process) related to subsurface use

Resolution of the Government of the Republic of Kazakhstan dated June 17, 2026 No. 511

 In accordance with paragraph 7-2 of Article 278 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", the Government of the Republic of Kazakhstan DECIDES:

     1. To approve the attached Rules for recognizing the production activity (technological process) of subjects of industrial and innovative activity as a production activity (technological process) related to subsurface use.

     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. 511 of the Government of the Republic of Kazakhstan dated June 17, 2026

Rules of recognition of production activity (technological process) of subjects of industrial and innovative activity as production activity (technological process) related (related) to subsurface use

Chapter 1. General provisions

     1. These Rules for recognizing the production activity (Technological process) of subjects of industrial and innovative activity as a production activity (technological process) related to subsurface use (hereinafter referred to as the Rules) have been developed in accordance with paragraph 7-2 of Article 278 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use" (hereinafter referred to as the Rules). – The Code) and determine the procedure for recognizing the production activity (technological process) of subjects of industrial and innovative activity as a production activity (technological process) related to subsurface use.

     2. The following basic concepts are used in these Rules:

     1) a working body is an authorized body in the field of state stimulation of industry;

     2) subjects of industrial and innovative activity - individuals and (or) legal entities, simple partnerships that implement industrial and innovative projects or carry out activities to promote goods, works and services of Kazakhstani origin in the manufacturing industry to domestic and (or) foreign markets;

     3) the authorized body in the field of state stimulation of industry (hereinafter referred to as the authorized body) is the central executive body responsible for industrial management, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination and participation in the implementation of state stimulation of industry.;

     4) the applicant is a subject of industrial and innovative activity interested in recognizing its production activity (technological process) related to subsurface use in order to obtain a license for exploration or extraction of solid minerals.;

     5) National center – the republican state enterprise on the right of economic management "National center for complex processing of mineral raw materials of the Republic of Kazakhstan".

Chapter 2. Procedure for recognizing the production activity (technological process) of subjects of industrial and innovative activity as a production activity (technological process) related to subsurface use

     3. The production activity (technological process) of subjects of industrial and innovative activity is recognized as related to subsurface use if the following requirements are met:

     1) solid minerals, with the exception of uranium or coal, obtained as a result of operations for the extraction of solid minerals, are used exclusively as raw materials within the framework of the implementation of industrial and innovative projects included in the unified industrialization map approved by Order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated September 26, 2022 No. 534 "On Approval the unified map of industrialization";

     2) types of production activities (technological processes) correspond to the types of activities (technological processes) for the recognition of production activities related to (related to) subsurface use defined in Appendix 1 to these Rules;

     3) the cost of an industrial and innovative project is over 14500,000 times the monthly calculation index established by the law on the republican budget and effective on January 1 of the corresponding fiscal year.

     4. The applicant applies to the authorized body with an application for recognition of his production activity (technological process) as a production activity (technological process) related to subsurface use (hereinafter referred to as the application) in any form with the attachment of the following documents:

     1) a passport of an industrial and innovative project in accordance with Annex 2 to these Rules.;

     2) a timetable for the implementation of the project in accordance with the form provided for by the Rules for the Inclusion of Industrial and Innovative Projects in the unified industrialization map, approved by Order No. 592 of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated August 22, 2023 (registered in the Register of State Registration of Regulatory Legal Acts No. 33321);

     3) copies of documents confirming the financial security of the project in the amount of at least 50 (fifty) percent of the project cost.

     Documents confirming the financial security of the project are provided:

     the guarantee of a foreign bank, a second-tier bank of the Republic of Kazakhstan, the National Development Institute of the Republic of Kazakhstan and (or) an organization with an annually confirmed minimum long-term credit rating in foreign currency not lower than "BB-" on the Standard and Poor's scale or a similar level on the scales of rating agencies Moody's, FitchRatings;

     a loan agreement with any organizations defined in the second paragraph of this part, with the targeted use of the loan for the implementation of the proposed industrial and innovative project;

     statement of the balance and movement of money in a bank account with a second-tier bank of the Republic of Kazakhstan or with a National Postal Operator.

     In the case of the applicant's request for recognition of his production activity (technological process) for exploration operations, production activities (technological process) related to subsurface use, documents are provided to confirm financial security in the amount of at least 50 (fifty) percent of the cost of geological exploration work on the project.

     The applicant chooses any of the financial security methods, including by combining several methods;

     4) the conclusion of the authorized body for the study of subsurface resources on the absence of restrictions on conducting subsurface use operations in the requested subsurface area from subsurface use as of the date of issue of such conclusion, and in case of obtaining a license for the extraction of solid minerals, an additional conclusion of the authorized body for the study of subsurface resources on the availability of reserves and (or) resources of solid minerals included in the state accounting of minerals;

     5) slide presentation on one page containing the following information: name and purpose of the project, place and period of its implementation, total cost of the project, expected results;

     6) a written justification for the need to obtain a license (licenses) for subsurface use to ensure production activities (technological process) raw materials in volumes sufficient and justified to obtain a license for exploration or extraction of solid minerals, with the exception of uranium or coal;

     7) information on the manufacturability and innovativeness of an industrial innovation project with a detailed description of the focus of the industrial innovation project (technology transfer, creation of new (improvement of existing) production facilities and (or) implementation of innovative activities).

     5. The authorized body, within 5 (five) business days from the date of receipt of the application and its appendices, verifies them for completeness and compliance with the requirements established by paragraph 3 of these Rules.

     If an incomplete package of documents is provided or the applicant does not comply with the requirements set out in paragraph 3 of these Rules, the authorized body, within the period specified in part one of this paragraph, returns the application indicating the missing documents and (or) the requirements that the applicant does not meet.

     Upon submission of the full package of documents and the applicant's compliance with the requirements set out in paragraph 3 of these Rules, the authorized body, within the period specified in part one of this paragraph, sends the full package of documents to the National Center for giving an opinion on the manufacturability and innovativeness of an industrial innovation project (technology transfer, creation of new (improvement of existing) production facilities and (or) the implementation of innovative activities).

     6. The National Center, within 15 (fifteen) working days from the date of receipt of the full package of documents from the authorized body, draws up an opinion on the manufacturability and innovativeness of an industrial and innovative project (technology transfer, creation of new (improvement of existing) production facilities and (or) implementation of innovative activities) and sends it to the authorized body.

     In case of a negative conclusion of the National Center, the authorized body, within three (3) working days from the date of receipt of such conclusion, refuses the applicant further consideration of his application.

In case of a positive conclusion from the National Center, the authorized body forms a draft conclusion on the recognition of the production activity (technological process) within 3 (three) working days from the date of its receipt. the applicant is engaged in an activity (technological process) related to subsurface use, and sends it to the working body for consideration by the Interdepartmental Commission on Industrial Policy (hereinafter referred to as – Commission), operating in accordance with its Regulations, approved by the Order of the Prime Minister of the Republic of Kazakhstan dated April 28, 2022 No. 89-R.

     When the authorized body submits for consideration by the Commission the issue of recognition of its production activity (technological process) The conclusion of the National Center is not required for conducting exploration operations, production activities (technological process) related to subsurface use.

     7. The relevant minutes shall be sent to the authorized body within 10 (ten) business days from the date of the Commission meeting.

     8. In case of a positive decision of the Commission on the recognition of the production activity (technological process) the applicant's production activity (technological process) related to subsurface use, the relevant protocol, together with information about the project, including information about the applicant, is submitted to the President of the Republic of Kazakhstan for approval.

     9. Upon approval by the President of the Republic of Kazakhstan of the minutes of the Commission meeting, the relevant minutes shall be sent to the authorized body within 10 (ten) business days from the date of receipt of the approval by the President of the Republic of Kazakhstan.

     10. In case of a negative decision of the Commission on the recognition of the production activity (technological process) The authorized body, within 3 (three) working days from the date of receipt of the protocol of the Commission or refusal of approval by the President of the Republic of Kazakhstan, shall send to the applicant a reasoned refusal to recognize his production activity (technological process) as activity (technological process) within 3 (three) working days from the date of receipt of the protocol of the Commission or refusal of approval by the President of the Republic of Kazakhstan. by process), related to subsurface use.

     11. Refusal to recognize the production activity (technological process) the applicant's activities (technological process) related to subsurface use may be appealed by the applicant in accordance with the legislation of the Republic of Kazakhstan no later than ten working days from the date of receipt of the notification of refusal to recognize the production activity (technological process). the applicant's activity (technological process) related to subsurface use.

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Перечень видов деятельности (технологического процесса) для признания производственной деятельности, связанной (связанным) с недропользованием

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