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On approval of the Rules for the sale of Saiga derivatives

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

On approval of the Rules for the sale of Saiga derivatives

Order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan dated July 22, 2026 No. 140. Registered with the Ministry of Justice of the Republic of Kazakhstan on July 22, 2026 No. 39374

  In accordance with subparagraph 3) Paragraph 1 of Article 9 of the Law of the Republic of Kazakhstan "On the protection, reproduction and use of wildlife" I ORDER:

     1. To approve the attached Rules for the sale of saiga derivatives.

     2. The Committee of Forestry and Wildlife of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan, in accordance with the procedure established by law, shall ensure:

     1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

     2) posting of this order on the Internet resource of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan after its official publication;

     3) within three working days after the fulfillment of subitems 1) and 2) of this paragraph, provide the Department of Legal Service of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan with information on their implementation.

     3. Control over the execution of this order is entrusted to the supervising Vice Minister of Ecology and Natural Resources of the Republic of Kazakhstan.

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

 

Minister of Ecology and Natural Resources of the Republic of Kazakhstan

E. Nysanbayev

 

     APPROVED BY the Ministry of Trade and Integration of the Republic of Kazakhstan

     APPROVED BY the Ministry of National Economy of the Republic of Kazakhstan

     APPROVED BY the Ministry of Finance of the Republic of Kazakhstan

     APPROVED BY the Ministry of Artificial Intelligence and Digital Development of the Republic of Kazakhstan

 

 

Approved by the Order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan on July 22, 2026 No. 140

 

Rules for the implementation of saiga derivatives

     1. These Rules for the Sale of saiga Derivatives (hereinafter referred to as the Rules) regulate the procedure for the sale of saiga derivatives. The sale of saiga derivatives is carried out in the form of an electronic competition

Chapter 1. General provisions

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

     1) price – the price per kilogram of saiga derivatives, from which bidding begins in the form of an electronic tender, determined in accordance with the Methodology for Determining the Price of saiga derivatives, approved by Order No. 124 of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan dated June 26, 2026 (registered in the Register of State Registration of Regulatory Legal Acts under No. 39128) (next is the Methodology);

     2) sale price – the final selling price of saiga derivatives, determined by the results of an electronic tender;

     3) an electronic tender (hereinafter referred to as a tender) is a form of bidding in which participants who comply with the terms of the tender are given the opportunity to raise their price offers at an auction to increase the price;

     4) tender application – a proposal submitted by a participant as part of an application for participation in a tender, drawn up in accordance with the tender announcement and other documents of the seller, containing a comprehensive description of the conditions for the acquisition of saiga derivatives or the selection of a participant for the commission to decide on the admission of participants in the tender;

     5) the organizer is the joint–stock company "Information and Accounting Center", responsible for the technical condition and functioning of the registry web portal, and providing access to it for electronic contests.;

     6) subordinate organization is the republican state-owned enterprise Okhotzooprom Production Association, which is under the jurisdiction of the authorized body responsible for labeling and storing saiga derivatives (balance holder);

     7) saiga derivatives – saiga antlers and products made from them and (or) their derivatives;

     8) authorized body - a state body in the field of protection, reproduction and use of wildlife and in other regulated areas in accordance with the legislation of the Republic of Kazakhstan;

     9) the commission for the sale of saiga derivatives (hereinafter referred to as the commission) is a collegial body established by the authorized body to prepare and conduct a tender for the sale of saiga derivatives;

     10) the seller is Zhasyl Damu Joint Stock Company, one hundred percent of whose shares belong to the state, which carries out activities on the sale of saiga derivatives by decision of the Government of the Republic of Kazakhstan.;

     11) participant – a legal entity established and registered in accordance with the legislation of the Republic of Kazakhstan or a foreign state, or a consortium (temporary association of legal entities) established on the basis of a joint business agreement and registered on the web portal of the register of state property for participation in the competition;

     12) the winner is the bidder who offered the highest price for saiga derivatives and signed the protocol on the results of the bidding.;

     13) the buyer is the winner of the competition, who has signed a purchase and sale agreement for the purchase of saiga derivatives;

     14) guarantee fee – a sum of money transferred by the participant to the organizer to ensure the fulfillment of the obligation to conclude a contract during bidding or the fulfillment of another obligation;

     15) the web portal of the Register of State Property (hereinafter referred to as the registry web portal) is an online resource that provides a single access point to an electronic database of sellers and their objects of state ownership, quasi-public sector and non–governmental property;

     16) electronic document – a digital record, the confirmation of authenticity, ownership and immutability of which is provided by means of an electronic digital signature;

     17) electronic digital signature (hereinafter referred to as EDS) is a digital record (set of digital data) created using the private key of an electronic digital signature and electronic digital signature tools, confirming the authenticity of an electronic document, its affiliation and the immutability of the content;

     18) the participant's cash balance (hereinafter referred to as the electronic wallet) is the personal account of a potential participant on the registry's web portal used by the organizer to account for funds deposited by the potential participant to the organizer's current account with a second-tier bank related to accepting guarantee contributions for bidding and refunding guarantee contributions.

     3. The decision on the sale of saiga derivatives, providing for the price, volume of sales and the composition of the commission, is made by the authorized body in the form of an order. The seller ensures that the information is entered into the web portal of the registry within ten calendar days from the date of receipt of the decision of the authorized body.

     4. The sale of saiga derivatives is carried out on the basis of a decision of the authorized body, adopted in the form of an order, by selling them at a tender held at least once a quarter.

     The announcement of a tender for the sale of saiga derivatives is posted on the registry's web portal, the official Internet resources of the authorized body and the seller.

     5. The sale of saiga derivatives is carried out in compliance with the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ratified by the Law of the Republic of Kazakhstan "On the Accession of the Republic of Kazakhstan to the Convention on International Trade in Endangered Species of Wild Fauna and Flora".

Chapter 2. The procedure for the sale of saiga derivatives

Paragraph 1. Preparation for the competition

     6. A commission consisting of five people is created to organize and conduct the competition. The commission consists of two representatives of the authorized body, one representative of the Public Council of the authorized body, one representative of the subordinate organization of the authorized body and one representative of the seller. The chairman of the commission is a representative of the authorized body. An employee of the seller who is not a member of the commission is appointed secretary of the commission.

     The commission's decisions are made by a majority vote of the total number of commission members present. If the votes are equal, the Chairman's vote is decisive.

     The Commission reviews the documents of the bidders for availability and compliance with paragraph 14 of these Rules, decides on their admission to participate in the competition, and also decides on the further submission of saiga derivatives to the competition.

     7. The preparation for the competition is carried out by the seller in the following order:

     1) materials are collected on the realized derivatives of saiga provided by the Methodology;

     2) the terms of the competition are set;

     3) the announcement of the contest is published;

     4) Guarantee fees are accepted;

     5) registration of participants is underway;

     6) a draft purchase and sale agreement is being prepared.

     8. Prior to the publication of the announcement of the tender, the seller ensures that the following information is entered into the database on the registry's web portal for each lot:

     1) information on the realizable derivatives of saiga;

     2) location of saiga derivatives;

     3) information about the balance holder of saiga derivatives (postal address, phone, e-mail);

     In addition to the entered information, the seller ensures that photographs of saiga derivatives in the amount of at least 5 (five) pieces are included in the database.

     9. To publish the announcement of the competition on the registry's web portal, the seller enters the following information in Kazakh, Russian and English:

     1) date and time of the contest;

     2) the name of the competition;

     3) the price of saiga derivatives from which the competition begins;

     4) the amount of the guarantee fee;

     5) the bank details of the organizer for the transfer of the guarantee fee;

6) the terms of the competition, as well as the requirements for the participants of the competition;

     7) deadlines for accepting applications;

     8) phone number and address of the organizer;

     9) the seller's phone number and address.

     10. The announcement of the competition is posted on the registry's web portal at least fifteen calendar days before the date of the competition. If changes are made to the announcement of the competition, it is subject to re-posting, and the date of the competition is postponed in compliance with the deadline provided for in part one of this paragraph.

     11. The registration of the contest participants is carried out on the registry's web portal from the date of publication of the announcement on the registry's web portal and ends five minutes before the start of bidding.

     12. To participate in the competition, you must first register on the registry's web portal with the following information:

     1) business identification number (hereinafter - BIN), full name, surname, first name and patronymic (if any) of the first head;

     2) bank account details in the second-tier bank of the Republic of Kazakhstan for the refund of the guarantee fee;

     3) contact information (postal address, phone, e-mail).

     If the above data is changed, the participant changes the data entered into the registry web portal within one business day.

     13. The participant registers and signs the application for participation in the competition on the web portal of the registry.

     The application for participation in the competition contains the participant's consent to the terms of the competition and the participant's price offer, uploaded to an electronic envelope on a specially designated database web page, accompanied by electronic scanned copies of the following documents:

     1) the competitive application;

     2) documents confirming compliance with the requirements for participants and written acceptance of obligations specified in paragraph 14 of these Rules.

     Foreign legal entities shall submit notarized copies of the constituent documents with notarized translation into Kazakh and/or Russian.

     14. The contest participants provide:

     a certificate of state registration (re-registration) of a legal entity issued in accordance with the legislation of the Republic of Kazakhstan or another document issued by a foreign state confirming registration as a legal entity;

     one of the following documents: a registration certificate for a medicinal product, a certificate of state registration of products, a license or permit issued to the participant of the competition by the authorized body of the country of which he is a resident, confirming the right to manufacture (manufacture) medicines or pharmaceutical products using saiga derivatives;

     a valid GMP (Good Manufacturing Practice) certificate issued by the authorized body of the country where the participant is a resident;

     a valid GDPR (Good Distribution Practice) certificate issued by the authorized body of the country where the participant is a resident;

     a document confirming registration as a person engaged in foreign economic activity, or the availability of permits, registrations, and other legal grounds for the import, customs clearance, storage, processing, and use of saiga derivatives issued in accordance with the laws of the country in which the participant is a resident;

     a written confirmation from the bidder to the seller that if the bidder is determined to be the winner of the competition and the purchase and sale agreement is signed, the bidder assumes obligations to:

     1) preventing the sale of saiga antlers in the territory of the Republic of Kazakhstan;

     2) obtaining the necessary documents and paying expenses related to the export of derivatives outside the Republic of Kazakhstan;

     3) providing information to the authorized body on the further sale of saiga derivatives to third parties on the volume of sales and the name of the final buyers;

     4) entering information on the movement of saiga derivatives and products made from them: from the acceptance and storage of raw materials, the production process, storage and transportation to the sale to the end user in the digital traceability system of the country where the bidder is a resident.

     Foreign legal entities shall submit electronically scanned notarized copies of the constituent documents, as well as the documents specified in this paragraph of the Rules with a notarized translation into Kazakh and/or Russian.

     15. Prior to submitting an application for participation in the competition, the participant pays a guarantee fee in the amount of fifteen percent of the value of saiga derivatives indicated in the competition to the organizer's settlement account indicated in the announcement of the competition.

     16. The participant may withdraw his application for participation in the competition using the web portal of the registry at any time before the deadline for submitting applications for participation in the competition with a refund of the guarantee fee paid by him.

     17. Applications and attached electronic (scanned) copies of the documents of the participants of the competition are stored in the database and are not available for download and viewing until the time and date specified in the announcement of the competition.

     18. After registration of the application for participation in the competition, the web portal of the registry automatically checks for the availability of funds in the electronic wallet for the amount of the guarantee fee for the competition for which the application has been submitted.

     19. If there is a guarantee fee for the competition for which the application has been submitted, the web portal of the registry accepts the application for participation in the competition, as well as admits the participant to the competition.

     20. Based on the results of the automatic verification, the registry web portal sends an electronic notification of acceptance of the application or the reasons for refusal to accept the application to the participant's email address indicated on the registry web portal.

     21. The guarantee fee of the participant recognized as the winner of the competition, unblocked in the electronic wallet, is credited to the account of the payments due under the purchase agreement and transferred by the organizer to the seller's account within three working days from the date of signing by the seller on the web portal of the registry of the application for the transfer of the guarantee fee using EDS.

     The guarantee fee of a contestant who is not recognized as the winner of the contest is unblocked in the electronic wallet of the contestant on the day of the contest.

     22. Funds from the electronic wallet are returned by the organizer within three working days from the date of signing by this person using an EDS application for a refund.

Paragraph 2. Conducting the competition

     23. Applications for participation in the competition are reviewed by the members of the commission on the web portal of the registry in order to determine the participants allowed to participate in the competition.

     24. The Commission reviews applications (except for the tender application and the price offer) and documents submitted by the participant in accordance with paragraph 14 of these Rules.

     If there are identified inconsistencies in the application, the absence or inconsistency of the documents specified in paragraph 14 of these Rules, the participant is notified by e-mail.

     25. The notification is formed on the basis of the protocol of opening applications generated on the web portal of the registry by the secretary of the commission.

     The protocol of opening applications is signed by the members of the commission using EDS.

     26. The application opening protocol defines:

     1) the date and time of the re-opening of the applications of the participants of the competition;

     2) the list of participants who meet the conditions of the competition;

     3) a list of participants who do not meet the conditions of the competition, indicating the reasons that, before the date of reopening the applications, eliminate the identified inconsistencies by creating an additional application on the web portal (except for the tender application and price offer) signed by the participant's EDS.

     27. The Commission reviews applications for participation in the competition, including the competitive application, and signs the protocol of admission to the competition, formed by the secretary of the commission on the registry's web portal.

     28. The commission's decision on the admission of participants to the competition is automatically published on the registry's web portal from the time all members of the commission sign the protocol on admission to the competition using EDS, with automatic notification by e-mail of all participants who have submitted applications for participation in the competition.

     29. The protocol of admission to the competition contains the following information:

     1) a list of participants who were not allowed to participate in the competition, indicating the reason;

     2) the list of participants allowed to participate in the competition, indicating the date and time of the competition.

     The date and time of the competition is automatically set by the registry's web portal on the first business day from the date of publication on the registry's web portal of the commission's decision on the admission of at least two contestants.

     30. If the web portal of the registry accepts less than two applications for participation in the competition or the commission admits less than two participants to participate in the competition, the competition is declared invalid.

     When the tender is declared invalid, applications for participation in this tender are not opened, and the seller signs an act on the failed tender, generated by the registry web portal, within 24 hours after the time and date of the tender indicated in the tender announcement.

     31. Applications for participation in the competition are opened automatically through the web portal of the registry upon the date and time of the competition indicated in the announcement of the competition.

     32. The participants admitted to the competition, no later than one hour before the start of the competition, receive access to the auction hall on the registry's web portal using the EDS and the auction number assigned by the registry's web portal.

     33. The contest starts at the time set by the registry's web portal.

34. The winner of the competition is the participant who offered the highest price for saiga derivatives.

     If there is no increase in the current price within twenty minutes from the start of the competition, the winner is the participant who offered the maximum current price, and if there are two or more identical highest price offers, the participant whose application was accepted earlier than other applications from participants who offered the same price.

     In the absence of a definite winner at the end of the competition, the winner is the participant who was the last to confirm his intention to purchase saiga derivatives.

     In the cases specified in this paragraph, the competition is recognized as valid.

     35. If a technical malfunction occurs during the competition that prevents participation in the competition, the participant, by telephone or e-mail, informs the organizer about this through the contact details.

     The organizer records the fact of a technical failure and, if there is a technical failure on the side of the registry web portal, notifies all bidders by posting information on the registry web portal.

     If there is a technical malfunction of the participant's computer and/or telecommunication equipment, the competition continues.

     36. If there is a technical malfunction of the registry's web portal that prevents the competition from taking place, the organizer notifies the seller about it and organizes the continuation of the competition within three working days from the date of correction by the organizer of the technical malfunction, with prior notification to the participants participating in the competition of the date and time of the continuation of this competition by posting information on the registry's web portal and sending an e-mail message to the participant's e-mail address indicated on the registry's web portal.

Paragraph 3. The results of the competition

     37. The results of the tender for each lot sold are formalized by a protocol on the results of the tender, which is signed on the web portal of the registry by the seller and the winner using EDS on the day of the tender.

     38. The protocol on the results of the tender is a document recording the results of the tender and the obligations of the winner and the seller to sign a contract for the purchase and sale of saiga derivatives at the sale price.

     39. When signing the contract of sale, the winner of the competition submits to the seller copies of the following documents, with the presentation for verification of the originals of the documents submitted earlier in accordance with paragraph 14 of these Rules.

     certificates of state registration (re-registration) of a legal entity;

     agreement on joint activities (consortium agreement), in case of participation in the competition of a temporary association of legal entities (consortium);

     a document certifying the authority of a representative of a legal entity or a temporary association of legal entities (consortium), as well as a passport or identity document of a representative of a legal entity or a temporary association of legal entities (consortium);

     originals or notarized copies of the documents attached to the tender application.

     Foreign legal entities shall submit notarized copies of the constituent documents, with notarized translation into Kazakh and/or Russian.

     40. The person who won the auction, if he does not sign the protocol on the results of the auction or the contract of sale, loses the guarantee fee paid by him and reimburses the seller for documented losses incurred as a result of such non-signing, in the part not covered by the guarantee fee.

     41. The purchase and sale agreement is concluded in electronic format on the registry's web portal or in writing, which is signed by the seller, buyer and subordinate organization within ten calendar days from the date of summing up the auction results on the registry's web portal.

 

 

 

 

 

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