On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the implementation of projects in the field of renewable energy sources
The Law of the Republic of Kazakhstan dated March 16, 2026 No. 269-VIII SAM
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the implementation of projects in the field of renewable energy sources, signed in Baku on November 12
President of the Republic of Kazakhstan
K. TOKAEV
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON THE IMPLEMENTATION OF PROJECTS IN THE FIELD OF RENEWABLE ENERGY SOURCES
The Government of the Republic of Kazakhstan and the Government of the People's Republic of China (PRC) (hereinafter separately referred to as the Kazakh side and the Chinese side, collectively referred to as the Parties),
considering:
- the desire of the Parties to strengthen and deepen their relations in the energy sector, diversify their energy sources, as well as promote and develop renewable energy sources, innovative green technologies and their efficient use,
- close cooperation between Kazakhstani and Chinese companies in various fields, including the electric power industry, as well as existing partnerships and projects implemented in the field of renewable energy sources thanks to the support and assistance of the Parties,
- The policy of the Republic of Kazakhstan to combat global warming, including achieving carbon neutrality by 2060, including through projects and technology transfer in the field of renewable energy sources;
have agreed on the following:
Article 1
Goal
The purpose of this Agreement (hereinafter referred to as the "Agreement") is to implement cooperation between the Parties in the fight against global warming through the promotion, development and implementation of projects in the field of renewable energy sources, sustainable development in the territory of the Republic of Kazakhstan, contributing to the achievement of goals, priorities and obligations of the Parties in the field of energy security, transition to environmentally friendly technologies and reduction of emissions.
Article 2
Subject
1. This Agreement applies to projects in the field of renewable energy sources and green technologies and innovations aimed at the production and storage of electric energy.
2. The Parties apply this Agreement to major projects (hereinafter referred to as Major Projects, see the Annex to this Agreement) implemented in the territory of the Republic of Kazakhstan to contribute to the effective and significant achievement of the goals specified in Article 1 of this Agreement. Based on this, Large projects should collectively meet the following conditions::
- Annual reduction of carbon dioxide (CO2) emissions;
- production of electricity from renewable energy sources using energy storage systems;
- strategies aimed at striving for carbon neutrality on both Sides;
- contributing to the energy security and independence of the Republic of Kazakhstan, where Major Projects are being implemented, as well as contributing to the stability and reliability of its national electric grid;
- large projects are being developed by entities (hereinafter referred to as Developers) that have:
- financial and technical capabilities for the implementation of Major projects;
- Proven experience in the development, investment, financing and operation of renewable energy project(s) in Central Asia.
Article 3
Implementation of the Agreement
1. The Parties shall promote the development, creation, implementation and operation in the territory of the Republic of Kazakhstan of Major projects in the field of renewable energy sources and green technologies and innovations, by:
- Cooperation between the Ministry of Energy of the Republic of Kazakhstan and the State Energy Administration of the People's Republic of China;
- Cooperation between their respective business entities;
- support the transfer of technologies necessary in the field of renewable energy sources and their storage to enterprises in their countries in accordance with commercial and market principles;
- exchange of know-how and technologies in the field of renewable energy sources, energy production and storage.
2. The Parties agree that they will conduct regular consultations and coordination to ensure the implementation of this Agreement. To do this, the Parties instruct the State Energy Administration of the People's Republic of China and the Ministry of Energy of the Republic of Kazakhstan to lead the updating of the list of Major Projects in accordance with the principle of consensus. When choosing Large Projects, it is necessary to combine the project financing situation, the progress of project implementation and other factors to ensure the degree of maturity of the projects.
Article 4
Legal framework for Large-scale projects
1. The Parties ensure transparency of the legal and legislative framework within which Major Projects will be implemented.
2. The Kazakh side conducts negotiations on investment-related issues and concludes relevant documentation with the Developer and, depending on the situation, with other participants in Large Projects (hereinafter referred to as Documentation on Large Projects), according to which the terms of such Large Projects will be determined and implemented.
3. The Buyer (that is, the Settlement and Financial Center for the Support of Renewable Energy Sources of the Republic of Kazakhstan) and the Developer, prior to the entry into force of this Agreement, agree on the key contents of the Contract for the Purchase of Electric Energy (hereinafter referred to as the DPE), the text and terms, the electricity tariff, as well as the names of a specific Developer and joint Developers of Large Projects.
Article 5
Key conditions for the implementation of Major projects
1. Taking into account the technical features of Large-scale Projects, in accordance with the Law of the Republic of Kazakhstan dated July 4, 2009 No. 165-IV "On Support for the use of renewable energy sources", the Buyer purchases electricity produced by Large-scale Projects for the period specified in the Annex to this Agreement. DPE for the implementation of Large projects is concluded without holding an auction for renewable energy sources or any other bidding procedure. When concluding a DPE, the Buyer does not apply the procedures provided for by the legislation of the Republic of Kazakhstan for the approval and approval of the DPE.
2. Taking into account technical, economic and financial factors, Large projects are considering the possibility of participating in the balancing electricity market in real time in accordance with the legislation of the Republic of Kazakhstan applicable to renewable energy facilities, but they should be exempt from evaluation.
3. The tariff approved for Major Projects must be denominated in a foreign currency. All payments for Documentation on Major Projects are made in tenge at the exchange rate on the day of payment.
4. Developers comply with all the requirements of the legislation of the Republic of Kazakhstan and enjoy the following rights:
- have an unlimited right to exchange currency;
- has the right, without restrictions, to fulfill foreign exchange obligations arising from Documentation on Major Projects, as well as to receive dividends in foreign currency and income from the implementation of Major Projects.
5. The Kazakh side provides assistance to the Developer when submitting applications to the relevant authorities of the Republic of Kazakhstan for obtaining all necessary permits and approvals for the implementation of Major Projects.
6. Developers will receive land use rights to land plots necessary for Large-scale projects and acceptable to Developers directly from the relevant government agencies without holding a tender (auction), with the exception of agricultural land, as well as land located in the border zone of the State Border of the Republic of Kazakhstan.
7. In order to support the production and use of renewable energy in the grid in order to effectively reduce dependence on non-renewable energy sources, the Kazakh side will take the necessary measures to reduce the impact on Major Projects during the elimination of accidents in the unified electric power system of the Republic of Kazakhstan, leading to the disconnection of Major Projects from the grid.
8. The Parties recognize the immunity, privileges and (or) exceptions granted in accordance with international agreements, conventions and (or) any applicable law to the central banks of the Parties and (or) any property owned by these central banks by right of ownership and (or) otherwise, including being held in trust, and nothing in this Agreement should be interpreted as a waiver, derogation or other modification of such immunities, privileges, exclusions.
9. The developers will make every reasonable commercial effort to use the works and services of Kazakhstani suppliers of works and services, as well as goods of local origin, as far as possible and available in the Republic of Kazakhstan, and to explore the issue of localization, taking into account the qualitative, technical and other requirements of Large Projects, including those imposed by financial institutions.
Article 6
Dispute resolution
Disputes arising in connection with the interpretation and/or application of the provisions of this Agreement are resolved through bilateral consultations or negotiations between the Parties.
Article 7
Scope and validity of the Agreement
This Agreement is designed to support Major Renewable Energy Projects. This Agreement is not intended to regulate all aspects of cooperation between the Parties in the field of energy and/or sustainable development, and the Parties reserve the right to conclude any other cooperation agreement.
The provisions of this Agreement may not be interpreted as affecting the obligations of the Parties arising from other international treaties to which they and their States are parties.
Article 8
Entry into force, amendments and additions, validity period
1. This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.
2. This Agreement shall be concluded for an indefinite period and shall terminate upon the expiration of 30 (thirty) days from the date of receipt by one of the Parties through diplomatic channels of a written notification by the other Party of its intention to terminate it. Termination of this Agreement does not affect the validity of the Documentation on Major Projects that have been signed and entered into force.
3. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are its integral parts, including other Major Projects that are added as annexes. These amendments and additions shall be formalized in separate protocols and shall enter into force in accordance with the procedure provided for in paragraph 1 of this article.
Done in Baku on 11/12/2024 in two original copies, each in the Kazakh, Chinese and Russian languages, all texts are equally authentic.
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For the Government of the Republic of Kazakhstan
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For the Government of the People's Republic of China
Annex to the agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the implementation of projects in the field of renewable energy sources
This Annex has been prepared in accordance with the provisions of Article 2 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Implementation of Projects in the Field of Renewable Energy Sources concerning Major Projects and their Developers.
The validity period of the DPE for Large projects is 25 years. The developer is determined by the Parties to the Agreement according to the list of Major Projects listed in the table below.:
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List of Major projects
No. p / p
Project name
Developer
Indicative price
SNAP
1
500 MW Wind Farm Project
China Power InternationalHolding Limited (holds a controlling stake) and Samruk-Energo Joint Stock Company
4.25 US cents/kWh
150mW/300mwh
2
500MW Wind farm project in Pavlodar region of the Republic of Kazakhstan
China Power InternationalHolding Limited (owns a controlling stake) and Samruk-Energo Joint Stock Company
4.25 cents/kWh
150mW/300mwh
3
300 MW SES project in Sauransky district of Turkestan region of the Republic of Kazakhstan
China Energy Overseas Investment Co.. Ltd. (holds a controlling stake) and Samruk-Energo Joint Stock Company
5.63 cents/kWh
180mW/360mwh(90MW/360mwh)
4
500 MW wind farm project in Karaganda region of the Republic of Kazakhstan
China Energy Overseas Investment Co., Ltd. (holds a controlling stake) and Samruk-Energo Joint Stock Company
4.25 US cents/kWh
150 MW/300 MWh
Note: explanation of abbreviations:
SNE-electric energy storage system;
WPP - wind power plant;
SES is a solar power plant.
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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