Mining of minerals in Kazakhstan
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The preparation of getting a mining permit in Kazakhstan is entirely controlled by the state at all stages : from recording an application to compliance with natural commitments and possession structure. Botches at any organization lead to the cancellation of the allow without remuneration for the investment.

The fabric gives a point by point investigation of the full cycle of working with a permit: choosing a location, filling out an application, passing reviews, marking a permit assention, reestablishing a permit, observing the fulfillment of commitments, and charge burden.

Legal regulation of mineral extraction in Kazakhstan

Mining in Kazakhstan is controlled by the government, and proprietorship of the subsoil is vested in the state. A speculator does not purchase a plot of arrive, but the right to utilize the land beneath a permit to carry out clearly characterized work:

  • Geological exploration.
  • Mining.
  • Processing of crude materials.

The permit limits the action inside the endorsed program. The assent of state bodies is required to alter the zone of the location, the sort of work or the terms. Until the minute of exchange for commercial utilize, the extricated assets are beneath the control of the state. Disappointment to comply with the volumes, terms or natural necessities may lead to the cancellation of the warrant without stipend for the speculations made.

To procure a permit for mining in Kazakhstan, it is essential to affirm conformance with the fundamental requirements:

  • Disclose the proprietorship structure, showing all extreme recipients (particularly outside ones).
  • Confirm the accessibility of budgetary assets adequate to carry out at least investigation or generation programs.
  • Provide narrative proof of effective execution of comparative ventures or give contracts with qualified contractors.

Obtaining a permit for the extraction of minerals in the Republic of Kazakhstan is fundamental for the improvement of three categories of resources:

  • Solid minerals: metals (gold, copper, uranium) and non-metallic materials (sand, clay, limestone, granite).
  • Hydrocarbons: oil, common gas, gas condensate, bitumen, as well as shale oil and gas, coalbed methane and normal bitumen.
  • Man-made arrangements: squander from the mining, handling and vitality businesses. Counting squander shake dumps, improvement slime, metallurgical slag and fiery debris squander from warm control plants.

The complexity of getting a subsoil utilize permit in Kazakhstan specifically depends on the sort of asset. It is least demanding to get consent for investigation and generation of common minerals. Work with sand, rock or clay is affirmed through nearby specialists; a sell off and encounter in comparable work are not required.

Exploration and generation of mineral metals in Kazakhstan (gold, copper or uranium) is carried out through a sell off. To get a permit, it is essential to affirm involvement in executing comparable ventures and the accessibility of money related assets to execute the work program.

The most complex necessities are set for hydrocarbons - oil, common gas and shale assets. In expansion to budgetary soundness and encounter in creating oil and gas areas, the financial specialist must affirm compliance with natural benchmarks at all stages of development.

Admission of outside speculators and restrictions

Foreign companies get licenses for subsoil utilization in Kazakhstan on a common premise. Confinements apply as it were to the improvement of destinations classified as strategic:

  • Uranium deposits.
  • Large oil and gas deposits.
  • Other objects of national security significance.

In vital regions, the government may deny a permit, require a national administrator to be included in the venture, or build up obligatory state cooperation in the capital. The choice is made without uncovering the reasons and is not subject to request. Indeed the accessibility of all standard reports does not ensure the right to create stores in Kazakhstan.

Even after getting a permit, the state holds control over the extent. Offering a share, pulling in an outside financial specialist, or exchanging rights to a location is as it were conceivable with the assent of authorized bodies. Any changes without endorsement lead to the cancellation of the permit without remuneration for costs.

Before getting a subsoil permit in Kazakhstan, a speculator ought to check whether the location falls beneath vital control. In this case, it will be essential to create a structure for participation with national companies and give for state cooperation in venture administration. Without these conditions, improvement may be blocked as of now at the application audit organization.

Who can mine minerals in Kazakhstan

As it were, legitimate substances enrolled in Kazakhstan have the right to get a permit. The taking after trade alternatives are allowed:

  • Limited Liability Partnership (LLP) is the primary frame for ventures in the field of subsoil utilization. The least authorized capital is not built up, which streamlines the beginning. The altar of members is settled by an inside choice without obligatory state enlistment, if the venture does not influence key objects. LLP is reasonable for the improvement of stores in Kazakhstan without open capital raising and permits for a fast alter in the proprietorship structure.
  • Joint-Stock Company (JSC) — utilized for expansive ventures requiring to get to the capital advertise. The least authorized capital is 5 million tenge (around 11,000 US dollars). The exchange of offers requires compliance with corporate control methods and divulgence of data in the shareholder register. JSC is utilized when arranging to issue offers or bonds to back generation and development projects.

Foreign companies cannot act specifically on sale of an outside legitimate substance or agent office; a nearby company is required to take part. It is moreover disallowed to request for mining operations in the commonwealth whereas in the handle of enrolling a company.

The venture constitution must assign the privilege to conduct investigation, extraction or handling of minerals. The sort of movement is shown in agreement with OKED in terms of subsoil use.

When applying for a permit, it is required to give full data approximately the extreme recipients of the lawful substance. The divulgence standard includes:

  • Information on all people owning more than 10% of the shares.
  • Notarized extricates from the registers of shareholders and participants.
  • Corporate possession plans showing offers and move structures.

Concealment or fragmented revelation of data is qualified as an infringement of the method. With such an approach, it is outlandish to get a permit for the extraction of minerals in Kazakhstan.

How much does it cost to obtain a mining license in Kazakhstan : authorized capital and mandatory payments

To develop common minerals (sand, clay, gravel), a starting reserve of 1.2 million tenge (approximately 2,750 US dollars) is required. This amount covers the registration of a legal entity, payment of a signature bonus for an exploration license (100 MCI, equivalent to 393,200 tenge), preparation of basic documentation and organization of accounting. When working with such resources, complex geological or environmental studies are not required at the stage of obtaining a license.

To extract solid minerals in Kazakhstan (gold, copper), a reserve of 5.5 million tenge (about 12,500 US dollars) is required. The funds are needed to pay a signature bonus for a mining license (300 MCI - 1,179,600 tenge), prepare a mining plan, a resource assessment report and primary environmental documentation. These requirements are provided for by the regulations for filing applications for sites with solid minerals and reflect the actual costs of the basic examination of the project.

For hydrocarbon development projects (oil, natural gas, gas condensate), the minimum capital increases to 15–20 million tenge (approximately US$34,500–46,000). In addition to the signature bonus, you will have to cover the costs of an environmental impact assessment (EIA), a comprehensive geological survey, and additional approvals. Environmental support for oil and gas projects in Kazakhstan is mandatory already at the application stage, which significantly increases start-up costs.

The financial reserve plays a key role in obtaining a license for the extraction of Kazakhstani minerals. The capital must cover:

  • Registration fees and license payment.
  • Preparation of design and geological exploration documentation.
  • Mandatory environmental procedures (if necessary).
  • Organization of internal management and accounting.

Lack of sufficient funding is one of the main reasons for refusal to issue a license for mining in Kazakhstan.

Documents for obtaining a license for subsoil use in Kazakhstan

Uniform basic requirements for the extraction of minerals in Kazakhstan include:

  • An application of the established form containing information about the applicant, the type of minerals, the intended purpose of the site and the planned types of work.
  • Copies of the constituent documents of the legal entity: charter, certificate of state registration (or extract from the register).
  • A document confirming the authority of the manager (appointment decision or power of attorney).

To obtain a subsoil use license in Kazakhstan, you will need a work program indicating the types and volumes of proposed operations, deadlines, a financing plan, and subsoil protection measures. Documents are provided in two copies: in Kazakh or Russian, with notarized translations (if the originals are in a foreign language).

For projects related to exploration or production of oil, gas, uranium or solid minerals in strategically important areas, more stringent rules apply. To obtain a license for the subsoil of Kazakhstan, you will need:

  • Proof of the applicant's professional experience in similar projects over the past three years.
  • Detailed feasibility study of the work program with calculations of expected productivity.
  • Information on the environmental safety of planned operations.

In addition to the basic set of documents, all applicants provide a receipt for payment of the state fee for consideration of the application. The authorized body accepts only the original or an electronic copy with an enhanced qualified signature.

If the subsoil plot has a registered land user or is assigned to a specific territory, confirmation of the right to use this object will be required. For example: a lease agreement, an act on the right of temporary use or the consent of the land owner. Before obtaining a subsoil license in Kazakhstan, it is necessary to carefully check the availability of all title documents for the land.

Selection of a subsoil site and preparation of an application for the extraction of minerals in Kazakhstan

To search for objects, the Register of subsoil plots available for licensing is used. The platform is located on the websites of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan (MIID RK) and the subsoil use operator NADLoC, and can be used through the Unified Portal of State Services. All available locations are listed there with a full description:

  • Identification information: name of the site, cadastral number or internal code in the subsoil use system.
  • Plot coordinates: geographic coordinates or cadastral description of the plot boundaries.
  • Type of mineral resources: what specific resources are available at this site - solid minerals, hydrocarbons, groundwater, etc.
  • Property Status: Whether the property is available for exploration, production or combined operations.
  • Land area: in square kilometers or hectares.

The information about each plot indicates its current status: whether it is free for licensing or transferred for geological exploration. The register also contains basic information about encumbrances: the presence of environmental, sanitary or other protected zones is noted, if such restrictions are officially recorded.

Additionally, the date of inclusion of the site in the list of sites available for licensing is given, which allows assessing the relevance of the information. The conditions of use are specified: the site may be put up for auction or available for direct registration of a license. In some cases, the register publishes mandatory minimum requirements for the work program that must be met when registering a license.

After selecting a site, it is necessary to check its actual status. The subsoil use register reflects only the basic data and does not always show all the restrictions. The following is checked separately:

  • The presence of restrictions of an environmental, defense or other nature.
  • Lack of current exploration licenses (they may give priority rights to extraction).

Before obtaining a subsoil license in Kazakhstan, you should send an official request through the subsoil user's electronic account. This will help avoid many problems and empty expenses.

If the selected site is occupied or not put up for licensing, alternative mechanisms are provided. An entrepreneur can initiate an auction by submitting an application to the Ministry of Industry and Infrastructure Development with an attached geological justification of the site's prospects.

Another option is to participate in specialized tenders for exploration within the framework of state strategic programs. In any case, it is necessary to take into account in advance: the work program and expected obligations must comply with the established requirements for the selected territory. This is a mandatory condition for the subsequent registration of a subsoil use license in Kazakhstan.

Submitting an application for mining in Kazakhstan

An application for mineral extraction in Kazakhstan is submitted via the electronic portal of state services or in person at the office of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan. The method of registration depends on the status of the site: direct licensing or participation in an auction is possible.

If the site is available for licensing without holding an auction, the entrepreneur submits an application in the established form directly, with the following documents:

  • A work program indicating the stages and timeframes for site development.
  • Company charter, certificate of state registration (extract from the register), information about the head of the legal entity.
  • Data on ultimate beneficiaries.

Within ten working days of submitting an application for mineral extraction in Kazakhstan, the collection of documents is formally checked. The accuracy of the information, the completeness of the package, and the selection of the subsurface use type are evaluated. The application is forwarded for a substantive check if no comments are received. Experts from the Republic of Kazakhstan's Ministry of Industry and Infrastructure Development examine the work program to ensure that it complies with site characteristics, that the planned operations are valid, and that the development technologies are proper. Furthermore, the following is verified:

  • Applicant's professional experience in similar projects.
  • Availability of financial resources for the implementation of the work program.
  • No debt to the budget.
  • The presence of possible violations of previously issued permits for subsoil use.

The regulator may request additional documents. The total period for substantive consideration of the application is up to 20 working days.

If the land plot is put up for auction, the entrepreneur first submits an application to participate in the auction. He confirms registration in Kazakhstan and provides a minimum set of documents. After the auction, the winner is required to additionally submit:

  • Work program.
  • Information about professional experience.
  • Proof of financial solvency.

The procedure for checking the program and qualification requirements is similar to the direct submission procedure. If the materials do not comply, the authorized body may refuse to conclude a license agreement regardless of the results of the bidding.

Obtaining a license for mining in Kazakhstan

After conducting a formal and substantive check, the application is submitted for consideration to the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan. The application is examined by a specially created commission consisting of authorized representatives of the department.

The auditors do not re-examine the work program or documents. Their task is to check that all stages of obtaining a license for the extraction of minerals in Kazakhstan have been properly completed. The commission analyzes:

  • Completion of all mandatory stages of application review: submission, formal and substantive checks, elimination of possible comments.
  • Compliance of the application content with the requirements of the legislation on subsoil use and the licensing conditions of the selected site.
  • Absence of procedural violations: missed filing deadlines, incomplete set of required documents, failure to comply with requirements for disclosure of information about the applicant.
  • Compliance with regulatory requirements during the auction procedure (if the site is provided through bidding).

Based on the results of the inspection, the commission makes a decision on issuing a license for the extraction of minerals in Kazakhstan. The decision is formalized by an internal act of the authorized body within 20 working days from the date of transfer of the materials.

The results of the application review are published via the electronic portal of public services and the official channels of the authorized body. The entrepreneur receives notification of the decision made:

  • If approved, the conditions for issuing a license and the established obligations for developing the site will be attached.
  • In case of refusal - with an indication of specific reasons and an explanation of the procedure for further actions.

In case of refusal, corrected documents can be submitted without going through a new auction procedure, provided that the established deadlines are met. It will also be necessary to confirm payment of the state fee, if this is provided for by the current rules.

After the application for mineral extraction in Kazakhstan is approved, the entrepreneur is required to sign a license agreement with the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan. The agreement sets out the terms of the site development, obligations for the development of subsoil resources, and the deadlines for completing the work program. The task must be completed within 30 working days from the date of notification of a positive decision. Failure to meet the deadline without good reason will result in the automatic cancellation of the decision to issue a license.

After signing the license agreement, the regulator enters information about the mineral extraction license into the state register of subsoil use. From this moment, the license acquires legal force, and the entrepreneur receives official confirmation in paper or electronic form. The right to begin development of the site arises after the license is fully completed. Information about the license becomes available to third parties through the public channels of the authorized body.

Extension of the license for mining in Kazakhstan

To renew a license for mining in Kazakhstan, it is necessary to confirm:

  • The start of actual production or the implementation of geological exploration work provided for in the program.
  • Development of the established area of the site.
  • Compliance with planned deadlines for the commencement of activities.
  • Lack of orders regarding violations from authorized bodies.

Failure to meet the approved work program, violation of development deadlines, or failure to meet environmental obligations are considered extremely serious violations. They exclude the extension of a license for the extraction of minerals in Kazakhstan, and also complicate the receipt of permits for other objects.

If the right to extension is lost, the site is returned to the state fund without priority, and to restore rights, it will be necessary to re- obtain a license for the extraction of minerals in Kazakhstan through participation in a general auction.

An application for renewal must be submitted no later than six months before the expiration of the license. The following must be provided along with the application:

  • Report on the actual implementation of the site development program with confirmation of production volumes and geological exploration.
  • Plan for further work with a schedule.
  • Documents on the fulfillment of environmental protection obligations.
  • Up-to-date information on the ultimate beneficiaries of a legal entity.

Before obtaining a subsoil license in Kazakhstan again, the subsoil user is obliged to ensure that all submitted data fully corresponds to the actual state of the project.

When considering an application, reports on actual work, an act of reconciliation of environmental measures and data on the current corporate structure are taken into account. If discrepancies are found, the license extension is rejected.

To continue working with uranium deposits and large oil and gas fields, additional approval from government agencies is required.

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Restrictions and controls under a valid license

After obtaining a license for subsoil development in Kazakhstan, each stage of activity must comply with the terms of the license and the approved work program. Even minor deviations (changes in drilling depth, processing of associated components, adjustment of the site development schedule) require separate approval by the authorized body.

Carrying out new operations without making changes to the project is interpreted as a material violation. During the inspection, not only the facts of production are recorded, but also compliance with all design parameters:

  • Types of work.
  • Technologies used.
  • Planned deadlines and volumes.

An uncoordinated deviation is considered as grounds for cancellation of the license without the right to compensation of investments. Obtaining a license for the extraction of minerals in Kazakhstan is only the first step. To maintain rights, the project must be managed within the strict boundaries of the approved obligations.

The license sets fixed deadlines for the launch of the project. Extraction of solid minerals must begin no later than three years from the date of registration of rights. Shorter periods are often set for oil and gas fields, which is reflected in the conditions of the competition or license. The fact of the launch is confirmed by the implementation of real events:

  • Drilling of production wells.
  • Geological exploration operations.
  • Construction of the necessary infrastructure.

Simple activity without achieving the established indicators (for example, test drilling without moving to development) does not exempt from liability. During inspections, the compliance of the work with the design documentation and the established stages of development is taken into account.

If the time frame is violated, the entrepreneur is sent an order with a minimum period to eliminate the problems. If inaction is recorded again, the permit for mineral extraction in Kazakhstan is cancelled administratively without compensation for the invested funds. The seized site is returned to the state fund and put up for a new auction without giving priority to the previous owner.

Before obtaining a subsoil license in Kazakhstan, it is necessary to ensure the technical readiness of the project in advance:

  • Design documentation.
  • Contracts with contractors.
  • Confirmed funding for initial stages.

This approach minimizes the risk of losing development rights during checks to ensure that the start date for activities is met.

Reporting and monitoring after registration of a mining license in Kazakhstan

The subsoil user is obliged to submit annual reports to the Ministry of Industry and Infrastructure Development of Kazakhstan on compliance with the terms of the license. It is necessary to prepare:

  • Report on the implementation of the work program: drilling volumes, developed horizons, achieved production indicators.
  • Report on compliance with technological requirements: exploration and production methods approved when obtaining a license for the extraction of minerals in Kazakhstan.
  • Environmental report on compliance with environmental protection standards.
  • Confirmation of compliance with the start and completion dates of the project stages in accordance with the licensing program.

It is necessary to document the achievement of target indicators: production volumes, deadlines for completing stages, use of licensed technologies. Reports must exclude discrepancies between the declared data and the actual results of site development.

The inspection is carried out by comparing the reported data with the actual state of the site. Inspectors check the volumes of work, dates of implementation of stages, production technologies and compliance with environmental obligations. Deviation of any parameter from the approved program or project without approval is qualified as a violation of the license conditions. Critical errors are:

  • Overestimation or underestimation of production volumes.
  • Violation of program implementation deadlines.
  • Use of unapproved technologies.

Such incidents are recorded by an inspection report. If the violation is not corrected within the specified time, the permit is revoked. The funds for registration of a mining license in Kazakhstan are not returned.

To avoid problems, it is necessary to implement a system of internal control over the operational data of the project. Updating the reporting and constant reconciliation of actual indicators with the approved program minimize the risk of losing the license during an audit.

Control over changes in the ownership structure after registration of a license for the subsoil of Kazakhstan

Changing the ownership structure of a subsoil user requires mandatory approval from the Ministry of Industry and Infrastructure Development of Kazakhstan. The following transactions are subject to approval:

  • Sale of shares or stocks.
  • Redistribution of participation among shareholders.
  • Change of ultimate beneficial owner through the chain of ownership.

Regardless of the form of the transaction, approval is required if the person who has the ability to make decisions on the management of the site changes.

The formal basis for mandatory approval is the achievement or loss of the right to control more than 2.5 % of the share or votes. For transactions below this threshold, it is sufficient to send a notification (but only if such changes are expressly provided for in the license conditions).

The recording of an uncoordinated change of control occurs through monitoring corporate changes and comparing the data of the state register with the actual project management structures. If the fact of violation is established, the license is cancelled administratively without compensation for investments.

Before registering a license for the extraction of minerals in Kazakhstan, it is necessary to establish a transparent corporate ownership scheme in advance, record internal procedures for mandatory notification of any changes in the composition of participants, and provide for a condition in the sale and purchase agreements for shares on obtaining a preliminary permit. This approach minimizes the risk of losing the license during business reorganization.

Environmental requirements and obligations when obtaining a license for the extraction of minerals in Kazakhstan

The subsoil user is obliged to develop and approve design documentation, including:

  • Environmental Impact Assessment (EIA).
  • Waste management plan.
  • Land reclamation plan.

Documents must be agreed upon before work begins. At the site development stage, the implementation of all declared activities is monitored. State authorities check the presence of an environmental monitoring system, the actual reclamation of disturbed areas, and compliance with mining waste management standards. Non-compliance of reporting data with design requirements or refusal to fulfill environmental obligations is classified as a material violation of license conditions.

The rules for registering a license for mineral extraction in Kazakhstan directly prohibit:

  • Commencement of works without an approved EIA.
  • Zero or insufficient reclamation of the site after completion of the extraction stages.
  • Improper waste management poses a risk of water pollution.

Such violations are recorded in an inspection report and entail administrative revocation of the license without a refund of the invested funds.

Before obtaining a subsoil license in Kazakhstan, it is necessary to ensure the readiness of all environmental documents, provide for funding for environmental protection measures and organize a system of internal control over the fulfillment of environmental obligations at all stages of the project. This allows minimizing the risk of losing the license due to violations of environmental requirements.

Tax liabilities after obtaining a license for the extraction of minerals in Kazakhstan

Once licensed to extract minerals in Kazakhstan, companies are required to pay corporate tax: 20% of taxable profits earned from operations in the country. Tax incentives may apply for companies operating in special economic zones (SEZ), including a full exemption from CIT, subject to certain conditions.

VAT is 12% when selling extracted minerals on the domestic market of Kazakhstan; a 0% rate applies when exporting.

The withholding tax (WHT) rate on dividends is 10% subject to the following conditions:

  • The recipient of the dividends is not registered in a jurisdiction included in the " blacklist".
  • The period of ownership of shares or participation interests exceeds three years, including the period of ownership by the previous owner in the event of a reorganization.
  • The company paying dividends is not a subsoil user and 50% or more of its value is not associated with the property of a subsoil user.

If a subsoil user company carries out subsequent processing of extracted resources, it can apply a rate of 10% subject to the above conditions. If at least one of the conditions is not met, the standard WHT rate on dividends is applied - 15%.

The rate on interest and royalties is 10%. The application of reduced WHT rates is possible subject to the existence of valid double taxation agreements and relevant documentation.

Responsibility for Violation of Mineral Extraction Rules in Kazakhstan

Obtaining a mining license in Kazakhstan creates the risk of direct criminal liability for violating established requirements. Penalties include large fines, license revocation without the right to compensation for investments, and possible imprisonment.

Violation of the rules for the protection and use of subsoil is punishable under Article 333 of the Criminal Code of the Republic of Kazakhstan. The maximum fine is 3,000 MCI (approximately 23,100,000 tenge or about 51,000 US dollars). In the case of serious consequences, restriction or imprisonment for up to 3 years is possible. Violations include:

  • Carrying out work outside the approved area.
  • Exceeding established production volumes.
  • Start of development of the site without approved environmental documents.

Unauthorized use of subsoil is classified under Article 334 of the Criminal Code of the Republic of Kazakhstan. The maximum fine is 2,000 MCI (approximately 15,400,000 tenge or about 34,000 US dollars) or restriction of freedom for up to 2 years. Violations include:

  • Extraction of resources without a valid license.
  • Development of the site before signing the license agreement and entering data into the subsoil use register.

Failure to prevent environmental damage is punishable under Article 343 of the Criminal Code of the Republic of Kazakhstan with a maximum fine of up to 10,000 MCI (approximately 77,000,000 tenge or about 171,000 US dollars) or imprisonment for up to 5 years.

Pollution of water and the atmosphere during extraction is classified under Articles 328–329 of the Criminal Code of the Republic of Kazakhstan and entails a fine of 500 to 5,000 MCI (from 3,850,000 tenge to 38,500,000 tenge, or from 8,500 to 85,000 US dollars) or imprisonment for up to 5 years in the event of serious consequences.

Conclusion

A license for the extraction of minerals in Kazakhstan does not so much establish the rights as the obligations of the entrepreneur:

  • Compliance with the site development program.
  • Compliance with environmental requirements.
  • Maintaining a transparent ownership structure.
  • Timely start of development.

Any deviation from the approved conditions (from an uncoordinated change in the work program to a violation of production deadlines) becomes grounds for cancellation without a refund of the invested investments. We recommend that you take a responsible approach to obtaining a license for the extraction of minerals in Kazakhstan and involve competent lawyers in the matter.

Tags: Kazakhstan
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