On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Trade and Economic Cooperation in the field of oil and petroleum products supplies to the Republic of Kazakhstan

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Trade and Economic Cooperation in the field of oil and petroleum products supplies to the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated April 3, 2013 No. 85-V.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Trade and economic cooperation in the field of oil and petroleum Products supplies to the Republic of Kazakhstan, signed in Moscow on December 9, 2010.

President

Republic of Kazakhstan

N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and By the Government of the Russian Federation on trade and economic cooperation in the field of oil and petroleum products supplies to the Republic of Kazakhstan (Entered into force on May 23, 2013 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 4, Article 38)

The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties,

based on the Agreement on the Customs Union and the Single Economic Space of February 26, 1999, the Agreement on the Establishment of the Eurasian Economic Community of October 10, 2000, the Agreement on the Organization, Management, Functioning and Development of common Markets for Oil and Petroleum Products of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of December 9, 2010,

in order to regulate trade and economic cooperation in the field of oil and petroleum products supplies to the Republic of Kazakhstan,

have agreed on the following:

Article 1

This Agreement defines the terms of trade and economic cooperation between the Republic of Kazakhstan and the Russian Federation in the field of oil and petroleum products supplies.

Cooperation between the Republic of Kazakhstan and the Russian Federation in the field of oil and petroleum products supplies is based on the protection of mutual interests and should not prejudice the interests of each of the States of the Parties.

Article 2

The Parties shall appoint competent authorities to implement this Agreement.:

from the Kazakh Side - the Ministry of Energy of the Republic of Kazakhstan;

On the Russian Side is the Ministry of Energy of the Russian Federation.

In the event of a change in the competent authorities, the Parties shall immediately notify each other through diplomatic channels.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 03/01/2019 No. 228-VI.

Article 3

The Parties to the mutual trade in oil and petroleum products do not apply export customs duties (other duties, taxes and charges having equivalent effect).

Oil and petroleum products classified in group 27 of the unified commodity nomenclature of foreign economic activity of the Eurasian Economic Union exported from the Russian Federation to the Republic of Kazakhstan (with the exception of the specified goods exported as supplies), for accounting purposes, are subject to customs declaration in the Russian Federation, as if they were exported outside the customs territory of the Eurasian Economic Union, without the application of temporary periodic customs declaration established by the legislation of the Russian Federation, with the exception of the export of oil and petroleum products by pipeline in 2022-2024.

The footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 30.06.2014 No. 215-V; dated 12/19/2023 No. 48-VIII.

Article 4

The competent authorities of the Parties annually compile a balance of production (production), consumption, supply, import and export of oil and petroleum products in the territories of the States of the Parties, including the volume of oil supplies from the Republic of Kazakhstan and from the Russian Federation to the Republic of Belarus, as well as the volume of mutual supplies of oil and petroleum products between the states of the Parties (hereinafter referred to as the indicative balance).

Article 5

Starting from January 1, 2014, the Parties will create conditions for mutual oil supplies between the economic entities of the States of the Parties in an equivalent volume, which are carried out on the basis of agreements (contracts) on oil supplies between the economic entities of the States of the Parties.

The volumes, directions, and other conditions of oil supplies between the Republic of Kazakhstan and the Russian Federation are annually formed and approved by the competent authorities of the Parties by the protocol to this Agreement and reflected in indicative balance sheets.

Article 6

The Parties shall create conditions for the supply of petroleum products to the Republic of Kazakhstan according to the nomenclature agreed upon by the competent authorities of the Parties to meet the domestic needs of the Republic of Kazakhstan in accordance with the approved indicative balances of petroleum products in the territories of the States of the Parties.

The Kazakh Side carries out a counter-supply of oil to the Russian Federation for the petroleum products imported into the Republic of Kazakhstan from January 1, 2012 to December 31, 2013 inclusive.

The procedure for the counter-supply of oil to the Russian Federation for petroleum products imported into the Republic of Kazakhstan from January 1, 2012 to December 31, 2013 inclusive is established by the methodology for the counter-supply of oil to the Russian Federation for petroleum products imported from the Russian Federation to the Republic of Kazakhstan in accordance with Annex 1 to this Agreement.

There is no counter-delivery of oil to the Russian Federation for petroleum products delivered to the Republic of Kazakhstan starting from January 1, 2014.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 04/03/2013 No. 86-V; as amended by the Law of the Republic of Kazakhstan dated 30.06.2014 No. 215-V.

Article 61

1. In order to ensure environmental protection, as well as national security, fulfillment of international obligations and protection of the domestic market of the States of the Parties, the competent authorities of the Parties, in accordance with the legislation of the States of the Parties, determine the list of petroleum products prohibited or restricted for export from the Russian Federation to the Republic of Kazakhstan, the list of petroleum products prohibited or restricted for export from the Republic of Kazakhstan outside the customs territory of the Republic of Kazakhstan. territories of the Eurasian Economic Union, by concluding a protocol between them, which is not subject to ratification for the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan.

These lists are approved by the competent authorities of the Parties before drawing up the indicative balance provided for in Article 4 of this Agreement. The competent authorities of the Parties may, if necessary, amend them in writing.

Until December 31, 2014, the Kazakh Side ensures that the rates of export customs duties on petroleum products prohibited for export from the territory of the Republic of Kazakhstan outside the customs territory of the Eurasian Economic Union are not lower than the rates of export customs duties established in the Russian Federation for these petroleum products.

2. The prohibitions or restrictions specified in paragraph 1 of this Article shall be applied without prejudice to the provisions of subparagraph "d" of paragraph 8.2 of Article 8 of the Lease Agreement for the Baikonur Complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation dated December 10, 1994.

3. The ban on the export of petroleum products from the Republic of Kazakhstan outside the customs territory of the Eurasian Economic Union does not apply to petroleum products exported as humanitarian aid in accordance with the legislation of the Republic of Kazakhstan, as well as to petroleum products exported from the Republic of Kazakhstan for the purpose of laboratory research and testing.

The competent authority of the Kazakh Side informs the competent authority of the Russian Side about the volume and time of export of petroleum products for these purposes outside the customs territory of the Eurasian Economic Union, indicating the nomenclature upon delivery.

4. The lists specified in paragraph 1 of this Article are coordinated by the competent authority of the Kazakh Side with the authorized body in the field of regulation of foreign trade activities of the Republic of Kazakhstan.

5. The lists specified in paragraph 1 of this Article are coordinated by the competent authority of the Russian Side with the relevant authorities of the Russian Federation.

The footnote. The Agreement is supplemented by Article 61 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2014 No. 215-V; as amended by the Law of the Republic of Kazakhstan dated 01.03.2019 No. 228-VI.

Article 7

Disputes related to the application or interpretation of the provisions of this Agreement are resolved through consultations and negotiations between the Parties, and in case of failure to reach an agreement, they are referred to the Court of the Eurasian Economic Community.

The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 04/03/2013 No. 86-V.

Article 8

This Agreement shall enter into force upon receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

This Agreement is valid until January 1, 2019, at the end of this period, it is automatically extended for 5 years, unless either Party notifies the other Party in writing at least 6 months before the expiration of the original term of this Agreement of its intention to terminate it.

The footnote. Article 8 as amended by the Laws of the Republic of Kazakhstan dated 30.06.2014 No. 215-V; dated 17.03.2015 No. 294-V; dated 01.03.2019 No. 228-VI.

Done in Moscow on December 9, 2010, in two original copies, each in the Kazakh and Russian languages, both texts being equally authentic.

For the Government

Republic of Kazakhstan

Of the Russian Federation

APPENDIX 1 to the Agreement between By the Government of the Republic of Kazakhstan and By the Government of the Russian Federation on trade and economic cooperation in the field of oil and petroleum products supplies to the Republic of Kazakhstan dated December 9, 2010.

THE METHODOLOGY of the counter-supply of oil to the Russian Federation for petroleum products imported from the Russian Federation to the Republic of Kazakhstan

The footnote. The Agreement is supplemented by an annex in accordance with the Law of the Republic of Kazakhstan dated 04/03/2013 No. 86-V; as amended by the Law of the Republic of Kazakhstan dated 06/30/2014 No. 215-V.

1. This methodology has been developed in accordance with Article 6 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Trade and Economic Cooperation in the supply of oil and Petroleum Products to the Republic of Kazakhstan dated December 9, 2010 and defines the mechanism for compensating losses of the federal budget of the Russian Federation in respect of petroleum products exported from the Russian Federation to the Republic of Kazakhstan.

2. For the purposes of this methodology, the following basic terms are used:

"commodity" means petroleum products subject to export customs duties when exported from the Russian Federation outside the Customs Union, which are included in the annual indicative balances of petroleum products and upon export from the Russian Federation to the Republic of Kazakhstan, an obligation arises to compensate for losses of the federal budget of the Russian Federation in kind due to the counter supply of oil from the Republic of Kazakhstan to The Russian Federation;

"volume of counter oil supply" - the volume of oil supply from the Republic of Kazakhstan to the Russian Federation, calculated in accordance with the provisions of this Methodology for goods shipped from the Russian Federation to the Republic of Kazakhstan during the reporting quarter.

3. Compensation for losses of the federal budget of the Russian Federation in respect of goods exported from the Russian Federation to the Republic of Kazakhstan, starting from January 1, 2012, is carried out through the counter supply of oil from the Republic of Kazakhstan to the Russian Federation.

The amount of losses of the federal budget of the Russian Federation in respect of goods exported from the Russian Federation to the Republic of Kazakhstan for the reporting period is calculated based on the rates of export customs duties in force in the Russian Federation on the date of registration by the customs authority of the Russian Federation of the customs declaration for exported goods.

The competent authority of the Russian Side shall inform the competent authority of the Kazakh Side of the decision to establish and (or) change the rates of export customs duties on goods and the dates of its entry into force no later than 10 days from the date of its adoption.

If in the Russian Federation the rates of export customs duties on goods are set in US dollars, then the calculation of export customs duties for calculating the amount of losses to the federal budget of the Russian Federation is carried out in US dollars in accordance with the procedure established by the Customs Code of the Customs Union.

4. Quarterly, no later than the 25th of the month following the reporting quarter, the Ministry of Economic Development and Trade of the Republic of Kazakhstan, the Ministry of Oil and Gas of the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan, the Agency of the Republic of Kazakhstan for Statistics and the National Company Kazakhstan Temir Zholy Joint Stock Company - On the Kazakh Side, the Ministry of Energy of the Russian Federation, the Federal Customs Service, the Ministry of Finance of the Russian Federation, Open Joint Stock Company Russian Railways and Open Joint Stock Company Joint Stock Company for Oil Transportation Transneft, on the Russian Side, are verifying information on the volumes of goods exported from the Russian Federation to the Republic of Kazakhstan, and on Based on these data, the amount of losses of the federal budget of the Russian Federation is calculated.

According to the results of the reconciliation, the Ministry of Economic Development and Trade of the Republic of Kazakhstan, the Ministry of Oil and Gas of the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan, the Agency of the Republic of Kazakhstan for Statistics and the National Company Kazakhstan Temir Zholy Joint Stock Company - On the Kazakh Side, and the Ministry of Energy of the Russian Federation, the Federal Customs Service, the Ministry of Finance of the Russian Federation, Open Joint Stock Company "Russian Railways" and Open Joint Stock Company "Joint Stock Company for Oil Transportation "Transneft" - on the Russian Side, sign an interim reconciliation report in any form in 2 copies, used for preliminary calculations of the volume of the counter oil supplies.

The final calculations of the volume of oil supplies and the amount of losses to the federal budget of the Russian Federation in each quarter are based on the final reconciliation report for the reporting year, which contains information on the volume of goods exported from the Russian Federation to the Republic of Kazakhstan.

The final reconciliation report for the reporting year is signed by the Ministry of Economic Development and Trade of the Republic of Kazakhstan, the Ministry of Oil and Gas of the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan, the Agency of the Republic of Kazakhstan for Statistics and the National Company Kazakhstan Temir Zholy Joint Stock Company - from the Kazakh Side and the Ministry of Energy of the Russian Federation, the Federal Customs Service, the Ministry of Finance of the Russian Federation, Open Joint Stock Company "Russian Railways", Open Joint Stock Company "Joint Stock Company for Oil Transportation "Transneft" - from the Russian Side and - until March 1 of the year following the reporting year, in 2 copies in any form.

If any of the listed organizations refuses to sign the final reconciliation report, the Parties take all possible measures to resolve the situation and reach an agreement out of court.

Based on the data of the signed interim and (or) final reconciliation reports, the volume of counter oil supply is calculated using the following formula:

Estimated Estimated Estimated

amount amount amount

export export export

customs customs customs

duties duties duties

Russian Russian Russian

Federation of the Federation of the Federation

on goods on goods on goods

in the first in the second in the third

month month month

reporting reporting reporting

quarters quarters quarters

(dollars (dollars (dollars

USA) USA) USA)

Volume

the counter = ---------- + ----------- + ------------

Delivery rate rate rate

oil (tons)* export export export

customs customs customs

duties duties duties

Russian Russian Russian

Federation of the Federation Federations

for oil for oil for oil

Raw, raw, raw,

current current current

in the first in the second in the third

month month month

reporting reporting reporting

quarters quarters quarters

(dollars (dollars (dollars

US per ton) US per ton) US per ton)

* The volume of the counter-supply of oil can be specified based on the final reconciliation report.

5. Based on the calculation of the volume of counter-supply of oil from the Republic of Kazakhstan, conducted according to this methodology, the competent authorities of the Parties bring information on the volume of counter-supply of oil in the current quarter to the attention of the operator company from the Kazakh Side (KazMunayGas Joint Stock Company - refining and marketing or another organization designated by the Kazakh Side) and Russian organizations supplying oil from the Russian Federation to the Republic of Kazakhstan, on the distribution of this volume of counter-oil supplies among Russian organizations supplying oil from the Russian Federation to the Republic of Kazakhstan in the reporting quarter, which, within 10 days after the provision of this information, conclude contracts for the supply of oil from the Republic of Kazakhstan to the Russian Federation in an appropriate volume.

The distribution of the volume of oil supplies between Russian organizations that supplied oil from the Russian Federation to the Republic of Kazakhstan in the reporting quarter is carried out by the Ministry of Energy of the Russian Federation in proportion to the supplied volumes of oil from the Russian Federation to the Republic of Kazakhstan in the reporting quarter.

In the quarter following the current one, Russian organizations that have concluded the above-mentioned oil supply contracts are provided with access to oil transportation services via main pipelines for the specified amount of oil, in excess of the oil transportation volumes specified in the schedule for oil transportation via main pipelines outside the territory of the Russian Federation, approved quarterly by the Ministry of Energy of the Russian Federation. subject to the requirements of the legislation of the Russian Federation in the field of natural monopolies, in the appropriate volume.

Other essential terms of the agreements are determined by the economic entities of the States of the Parties during bilateral negotiations.

6. The Ministry of Oil and Gas of the Republic of Kazakhstan annually approves the list of subsurface users supplying oil to the operating company from the Kazakh Side.

7. Quarterly, within 5 working days from the date of determining the volume of oil to be counter-supplied, the Ministry of Oil and Gas of the Republic of Kazakhstan approves the volume for each subsurface user to be supplied to the operating company from the Kazakh Side within the framework of this methodology.

8. When there is a counter supply of oil:

The operator company and subsurface users from the Kazakh Side do not pay rent tax on exports from the approved volume of oil supplied in accordance with this methodology.;

Subsurface users of the Republic of Kazakhstan pay the mineral extraction tax on oil using a reduction coefficient of 0.5, as in the case of the sale and (or) transfer of crude oil to the domestic market of the Republic of Kazakhstan for the volume of oil sold in accordance with this methodology.;

The price of goods and oil transferred in accordance with this methodology is not subject to regulation by the legislation of the Republic of Kazakhstan on transfer pricing.

These conditions apply to counter oil supplies by the operator company and (or) subsurface users from the Kazakh Side until the obligations of these organizations for counter oil supplies are fully fulfilled.

9. The Kazakh Side has the right to refuse to supply goods in excess of the volumes approved by the indicative balance of petroleum products, notifying the Russian Side of this decision.

The delivery of goods under the Agreement and this methodology is carried out by rail.

The supply of goods is controlled and monitored by the Ministry of Oil and Gas of the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan, the Agency of the Republic of Kazakhstan for Statistics and the National Company Kazakhstan Temir Zholy Joint Stock Company on the basis of schedules for the supply of goods approved by the Ministry of Oil and Gas of the Republic of Kazakhstan and agreed with the Ministry of Transport and Communications of the Republic of Kazakhstan. based on the annual indicative balance of petroleum products.

The Railway Administration of the Republic of Kazakhstan, represented by the joint-stock company "National Company "Kazakhstan Temir Zholy", on behalf of the relevant government authorities of the Republic of Kazakhstan, has the right to impose restrictions on the volume of supplies of goods at the destination stations of the Republic of Kazakhstan.

APPENDIX 2 to the Agreement between By the Government of the Republic of Kazakhstan and By the Government of the Russian Federation on trade and economic cooperation in the field of oil and petroleum products supplies to the Republic of Kazakhstan dated December 9, 2010.

LIST of petroleum products prohibited for export from Of the Russian Federation to the Republic of Kazakhstan

The footnote. The Agreement is supplemented by Appendix 2 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2014 No. 215-V; excluded by the Law of the Republic of Kazakhstan dated 01.03.2019 No. 228-VI.

APPENDIX 3 to the Agreement between The Government of the Republic of Kazakhstan and the Government of the Russian Federation on trade and economic cooperation in the field of oil and petroleum products supplies to the Republic of Kazakhstan dated December 9, 2010.

THE LIST of petroleum products prohibited for export from the Republic of Kazakhstan outside the customs territory of the Customs Union

The footnote. The Agreement is supplemented by Appendix 3 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2014 No. 215-V; excluded by the Law of the Republic of Kazakhstan dated 01.03.2019 No. 228-VI.

President

Republic of Kazakhstan

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