Unofficial translation

      Under sub-paragraph 41) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan “On State Regulation of Agricultural Complex and Rural Areas Development”, sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services” and sub-paragraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan “On State Statistics” I HEREBY ORDER:

      1. To approve the attached Rules for subsidizing remuneration rates for lending to agricultural entities, as well as leasing for the purchase of farm animals, machinery and technological equipment.

      2. To deem as no longer in force:

      1) Order no.50 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated February 1, 2017 "On approval of the Rules for subsidization of the interest rates on loans and leasing of technological equipment, for purchase of livestock animals, as well as on leasing of agricultural machinery" (registered in the Register of the State Registration of Regulatory Legal Acts no.14815, published on March 2, 2017 in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan);

      2) Order no. 233 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated June 1, 2018 "On amendments to the Order no.50 of the Deputy Prime Minister of the Republic of Kazakhstan – Minister of Agriculture of the Republic of Kazakhstan dated February 1, 2017 "On approval of the Rules for subsidization of the interest rates on loans and leasing of technological equipment, for purchase of livestock animals, as well as on leasing of agricultural machinery" (registered in the Register of the State Registration of Regulatory Legal Acts no.17205, published on August 1, 2018 in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan).

      3. The Department of Investment Policy of the Ministry of Agriculture of the Republic of Kazakhstan in accordance with the procedure, established by the legislation, shall ensure:

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

      2) within ten calendar days from the date of state registration of this order with the Ministry of Justice of the Republic of Kazakhstan the direction hereof to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan" for official publication and placement in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan;

      3) within ten working days after the state registration of this order, direction of a copy hereof for official publication to periodical printed media;

      4) placing this order on the Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan;

      5) within ten working days after the state registration of this order, reporting to the Department of Legal Services of the Ministry of Agriculture of the Republic of Kazakhstan on performance of activities, stipulated by sub-items 2) 3)and 4) of this item.

      4. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Agriculture of the Republic of Kazakhstan.

      5. This order shall be put into effect from January 1, 2019.

      "AGREED"

      Ministry of Information and

      Communications of the

      Republic of Kazakhstan

      "AGREED"

      Ministry of Finance of the

      Republic of Kazakhstan

      "AGREED"

      Ministry of National Economy

      of the Republic of Kazakhstan

Rules for subsidizing interest rates when lending to subjects of the agro-industrial complex,
as well as leasing for the purchase of farm animals, machinery and technological equipment

      Footnote. The rules are in the wording of the order of the Minister of Agriculture of the Republic of Kazakhstan dated June 22, 2020 No. 205 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 1. General Provisions

      1. These Rules for the Subsidizing of Interest Rates at Crediting of Agricultural Entities, as well as Leasing for Purchase of Agricultural Animals, Machinery and Technological Equipment (hereinafter referred to as Rules) have been drawn up as per subparagraph 41) paragraph 1 Article 6 of the Republic of Kazakhstan Law "On State Regulation of Development of Agricultural Complex and Rural Areas", subparagraph 1) Article 10 of the Republic of Kazakhstan Law "On Public Services" (hereinafter referred to as Public Services Law) and subparagraph 1) Article 10 of the Republic of Kazakhstan Law "On Public Services" ( hereinafter referred to as Public Services Law).

      Unliquidated obligations from the previous year shall be paid out of the current year's funds, subject to the availability of funds in the budget for unliquidated obligations.

      2. The main purpose of subsidizing interest rates in lending to the agro-industrial complex, as well as leasing for the purchase of farm animals, machinery and technological equipment is to increase the availability of financial services for the agro-industrial complex.

      3. The following basic concepts are used herein:

      1) an agreement for subsidising interest rates on loans to agribusinesses and leasing for the purchase of farm animals, machinery and technological equipment (hereinafter the subsidy agreement) is a written agreement entered into in paper or electronic form between the borrower, the working body (service provider) for the distribution of subsidies and the financial institution, stipulating the procedure and conditions for transferring subsidies and the liability of the parties;

      2) The Government for Citizens State Corporation (hereinafter, the State Corporation) is a legal entity established by the Decision of the Government of the Republic of Kazakhstan to provide public services, services on issuing technical conditions for connection to the grids of natural monopoly entities and services of quasi-public sector entities under the legislation of the Republic of Kazakhstan, organisation of work on accepting applications for public services, services on issuing technical conditions for connection to the grids of EU subjects;

      3) farm animals (hereinafter referred to as animals) - all kinds of animals, birds, fish and bees directly related to agricultural production, cultivated by humans;

      4) personal profile - personal web page of the user (borrower (service recipient), financial institution, working body (service provider) for the distribution of subsidy funds) in the electronic register of applications for subsidies;

      5) personal account - a set of records kept in the electronic register of applications for subsidies, enabling the identification of the registered person for the purpose of registering applications for subsidies and recording transactions thereon;

      6) service provider is a person who ensures access to the subsidy information system and its maintenance as the owner, determined by the working authority (service provider) for the distribution of subsidy funds under the legislation of the Republic of Kazakhstan on public procurement;

      7) financial institutions - the Development Bank of Kazakhstan, second-tier banks, foreign and international financial institutions, including those performing banking operations via Kazakh financial institutions, credit institutions licensed to conduct banking operations, as well as leasing companies and credit partnerships in the agricultural sector;

      8) borrower (service recipient) - a natural or legal person or individual entrepreneur (including a peasant (farm) enterprise) engaged in agricultural activities and who has entered into a loan agreement with a financial institution;

      9) loan agreement - an agreement concluded between a financial institution and a borrower (service recipient), whereby the financial institution provides a loan/leasing agreement, as well as a financing agreement based on Islamic principles;

      10) a working authority for distributing subsidy funds (hereinafter referred to as a working authority (service provider)) - a structural subdivision of local executive bodies of regions, cities of republican significance and the capital, implementing functions in the field of agriculture;

      11) application for a subsidy - a paper or electronic application by a financial institution for payment of the subsidised part of the interest rate under the borrower's (service recipient's) loan agreement);

      12) electronic register of subsidy applications, i.e. aggregate data on subsidy applications and borrowers (service beneficiaries), financial institutions, and other data reflected in the subsidy information system;

      13) subsidy information system - an organisationally structured combination of information and communication technology, support personnel and technical documentation designed to provide services for the performance of subsidy processes, enabling interaction with the e-government web portal, registration of the application for subsidies, and processing of the application via automatic verification of compliance with the terms and conditions of the subsidy;

      14) web portal of the subsidy information system (hereinafter referred to as web portal) - an Internet resource on the Internet providing access to the subsidy information system;

      15) interest rate - a fee payable to a financial institution for the use of a loan in percentage terms, including the rate of return payable by the borrower (service recipient) under a loan agreement concluded on the principles of Islamic finance;

      16) technological equipment - equipment for the production and processing of agricultural products, consisting of direct purpose equipment and auxiliary equipment, without the use thereof a complete technological cycle cannot be ensured;

      17) offer - a joint offer by the borrower and the financial institution to conclude a subsidy contract, signed on paper or electronically with an electronic digital signature, in the form as per Annex 1 hereto;

      18) e-government web portal - an information system providing a single window of access to all consolidated government data, including the regulatory framework, and to public services and other services provided in electronic form;

      19) electronic digital signature (hereinafter referred to as EDS) - a complex of electronic digital characters created by means of electronic digital signature and confirming the authenticity of an electronic document, its ownership and invariability of its content.

      4. Subsidizing is carried out under loan agreements:

      1) for the purchase of agricultural machinery, including attachments and trailed equipment, as well as for the purchase of farm animals, for the purchase of fixed assets, construction (except for loans for the purchase of fixed assets for the production of flour, mineral waters and soft drinks) according to the following standards, providing for a reduction in remuneration rates:

      by 10 (ten) percent (hereinafter -%) per annum in tenge;

      by 8 (eight)% per annum in Russian rubles;

      by 2 (two)% per annum in another currency;

      2) to replenish the working capital required for the technological cycle of the production process is carried out according to the following standards, providing for a reduction in remuneration rates:

      by 7 (seven)% per annum in tenge;

      by 4 (four)% per annum in Russian rubles;

      by 1 (one)% per annum in another currency;

      3) for loans issued for carrying out spring field and harvesting works, a reduction in remuneration rates is provided:

      by 9 (nine)% per annum in tenge;

      by 7 (eight)% per annum in Russian rubles;

      by 2 (two)% per annum in another currency.

      At the same time, under the loan agreements provided for in subparagraph 1), it is not allowed to reduce the interest rate below 4 (four)% per annum in tenge, below 3 (three)% per annum in Russian rubles, below 2 (two)% per annum in another currency.

      Under the loan agreements provided for in subparagraphs 2), 3), it is not allowed to reduce the interest rate below 5 (five)% per annum in tenge, below 4 (four)% per annum in Russian rubles, below 3 (three)% per annum in another currency.

      5. The interest rate on loan agreements issued by financial institutions under the mechanism of lending and financial leasing of priority projects, approved by Decree No. 820 of the Government of the Republic of Kazakhstan dated December 11, 2018 “On Certain Issues of Long-Term Tenge Liquidity to Address Affordable Lending” (hereinafter, the “Priority Project Lending and Financial Leasing Mechanism”) shall be subsidised:

      1) for investment purposes with an interest rate reduction of ten (10) % per annum in tenge, with a term of subsidy of maximum ten (10) years without right of prolongation;

      2) for replenishment of working capital with a reduced interest rate of 9 (nine) % per annum in tenge, with a subsidy period of up to 3 (three) years without the right to prolongation;

      3) for spring field and/or harvesting works with an interest rate reduction of 9 (nine) % per annum in tenge, with a subsidy period of maximum 1 (one) year without the right to prolongation.

      Sub-paragraph 2) of this paragraph shall apply to relations arising from January 1, 2019.

      Under this paragraph, existing loan agreements issued by financial institutions as per the list of goods for lending and financial leasing for priority projects specified under food products in the annex to the Lending and Financial Leasing Mechanism for Priority Projects shall be eligible for subsidies.

      This paragraph shall also allow for the subsidisation of interest rates on syndicated loans from second-tier banks and the Development Bank of Kazakhstan.

      5-1. The interest rates on loan agreements issued by financial institutions as part of the Employment Roadmap 2020-2021 shall be subsidised:

      1) on loans issued by the Development Bank of Kazakhstan:

      for investment purposes with an interest rate reduction of 5 (five) % per annum in tenge, with a subsidy period of maximum 10 (ten) years without the right to prolongation;

      for replenishment of working capital with an interest rate reduction of 5 (five) % per annum in tenge, with a subsidy period of up to 3 (three) years without the right to prolongation;

      2) on loans issued by the Agrarian Credit Corporation Joint Stock Company:

      for investment purposes with an interest rate reduction of 5.5 (five point five percent) per annum in tenge, with a subsidy period of no longer than ten (10) years without the right to prolongation;

      for replenishment of working capital with an interest rate reduction of 5.5 (five point five-tenths) % per annum in tenge, with a subsidy period of no longer than 3 (three) years without the right to prolong.

      6. Subsidizing is carried out under a loan agreement that meets the requirements for a loan agreement in accordance with Appendix 2 to these Rules.

      7. A subsidy agreement concluded prior to the entry into force hereof shall continue to be subsidised under the conditions specified in the subsidy agreement, except for the cases stipulated in the second part of paragraph 5, the fourth part of paragraph 9 and the third part of paragraph 12 hereof.

      The paper subsidy contracts shall be converted into electronic format and registered in the subsidy information system by the financing institution.

      8. Loan agreements valid on the date of the offer and entered into not earlier than four 4) years prior to the offer shall be eligible for subsidies.

      A loan agreement that has been decided to terminate the subsidy shall be eligible for re-participation in the programme for a maximum of one (1) time.

      Under loan agreements that are repeatedly participating in the programme, the subsidy shall be reinstated under the previous conditions specified in the previously cancelled subsidy agreement in terms of the standards, terms of subsidy, without increasing the previously approved subsidy amount for the period from the date the working party (service provider) decides to approve the proposal, unless specified in the second part of paragraph 5, fourth part of paragraph 9 and third part of paragraph 12 hereof.

      9. The subsidy under a loan agreement shall be for the duration of the agreement.

      Under loan agreements in force at the date of the offer and concluded not earlier than 4) four years prior to the offer, the subsidy shall accrue as from January 1 of the year when the offer is submitted.

      Under loan agreements entered into in the year of the subsidy offer, the subsidy shall be accrued from the moment the loan is granted or the leased asset is transferred.

      Under loan agreements approved by the working authority (service provider) in 2019, as well as under loan agreements entered into in 2019 and approved by the working authority (service provider) in 2020, the financial institutions and the working authority (service provider) shall recalculate the subsidy amounts with regard to the subsidy accrual from January 1, 2019.

      Obligations resulting from the recalculation of subsidy amounts in respect of the accrual of the subsidy as from January 1, 2019, in the year concerned shall be effected by concluding a supplementary agreement to the subsidy agreement, and shall relate to the obligations of the year concerned.

      Under loan agreements approved by the working authority (service provider) in 2021, the financial institutions and the working authority (service provider) shall recalculate the subsidy amounts for the accrual of the subsidy from January 1, 2021, or when the loan is issued or the leased asset is transferred.

      Obligations resulting from the recalculation of subsidy amounts with respect to the accrual of the subsidy from January 1, 2021 in the year concerned shall be performed by concluding a supplementary agreement to the subsidy contract, and shall relate to the obligations of the year concerned.

      A notification of recalculation of the amount of subsidy in respect of the accrual of the subsidy in the form set out in Annex 2-1 hereto, accompanied by a copy of the loan agreement with repayment schedule, shall be submitted by the financial institution.

      The working authority (service provider) shall take a decision on recalculating the subsidy amount with regard to the accrual of the subsidy within three 3) working days after receiving the notification on recalculating the subsidy amount with regard to the accrual of the subsidy from the financing institution.

      10. Under loan agreements issued by a financial institution in foreign currency, subsidizing is carried out in tenge at the rate established by the National Bank of the Republic of Kazakhstan on the date of payment by the borrower (service recipient) of the interest rate.

      11. In the event of a positive exchange rate difference, it is counted towards future subsidies, and in the case of a negative exchange rate difference, it is paid by the borrower (service recipient).

      12. Should the terms and conditions of the loan agreement change (except for the cases stipulated in paragraph 5, part two, paragraph 9 and paragraph 12, part three hereof), the previously approved and accrued subsidy amount shall not be increased and the subsidy period shall not be prolonged.

      This restriction shall not apply to loan agreements, in case financial institutions provide a grace period on payment of interest rate and (or) repayment of principal debt for a period not exceeding 10 (ten) months in connection with the occurrence of deteriorating circumstances for the borrower (service recipient), including as a result of the state of emergency, as per decisions of the President of the Republic of Kazakhstan and (or) the Government of the Republic of Kazakhstan and (or) documents of competent authorities.

      However, should the amount of the subsidy increase due to a grace period of not longer than ten (10) months, the amount of the subsidy shall be recalculated upwards and the existing subsidy agreement may also be renewed.

      13. In the event of a decrease in the amount of remuneration, the amount of subsidies is recalculated downward, separately for each year.

      14. The responsible executor of the working body (service provider) within 3 (three) working days after the approval of the individual monthly financing plan for subsidizing interest rates (hereinafter - the Financing Plan) places it on the web portal.

Chapter 2. Conditions for obtaining subsidies

      15. Subsidies are paid subject to the following conditions:

      1) submission by a financial institution of an application for subsidies in the form in accordance with Appendix 3 to these Rules.

      If the subsidy agreement is concluded in electronic form, the subsidy application is submitted by a financial institution in electronic form.

      If the subsidy agreement is concluded in paper form and is not translated into electronic format, the subsidy application is submitted by the financial institution in paper form;

      2) the existence of a valid (not terminated and not terminated) contract for subsidizing interest rates for this application, concluded in the form in accordance with Appendix 4 to these Rules (at the time of filing an application for payment);

      3) the borrower (service recipient) has no overdue obligations for the principal debt and (or) remuneration under the subsidized loan agreement (at the time of filing an application for payment).

      The list of basic requirements for obtaining subsidies, including the characteristics of the process, the form, content and result of the provision of subsidies, as well as other information, taking into account the specifics of the provision of subsidies, are set out in the standard of the state service "Subsidizing interest rates when lending to entities of the agro-industrial complex, as well as leasing for the purchase of farm animals. , machinery and technological equipment "in accordance with Appendix 5 to these Rules.

      The result of the provision of a public service is a notification of the transfer of a subsidy in the form in accordance with Appendix 6 to these Rules, or a notification of refusal to provide a public service in the form in accordance with Appendix 7 to these Rules.

      The result of the provision of public services is sent to the e-mail address specified by the borrower (service recipient) during registration in the information system of subsidies, as well as to the "personal account" in the information system of subsidies.

      In the case of a paper form of rendering public services, the result is issued through the State Corporation.

Chapter 3. Procedure for payment of subsidies

      16. Subsidization includes the following processes:

      1) acceptance of the proposal;

      2) conclusion of a subsidy agreement;

      3) filing an application for subsidies;

      4) payment of subsidies;

      5) amendment of the subsidy agreement;

      6) termination of the subsidy agreement.

      17. Offers shall be accepted at the location (legal address) of the borrower (service recipient) from 10 January of the year concerned via the e-government web portal in electronic form or via the State Corporation in paper form.

      The working authority (service provider) shall examine the offers in the order of priority based on the date and time of receipt of the offer.

      18. Sixty (60) % of the budget earmarked for new applications shall be used to subsidise loan agreements for the purchase of agricultural machinery, including attachments and trailed equipment, as well as for the purchase of farm animals, until July 1 of the year concerned.

      Should the said limit not be utilised on July 1 of the year concerned, the offers shall be accepted without the application of the said limit.

      19. The proposal is submitted by the borrower (service recipient) with a copy of the loan agreement with the repayment schedule and is confirmed by the financial institution that financed it.

      20. The working authority's (service provider's) decision on the offer shall include:

      1) the name and location of the financial institution;

      2) the name and location (legal address) of the borrower (beneficiary) on the offer for which the decision to enter into/refuse to enter into a subsidy agreement has been taken and, in case of refusal, a list of the reasons for such refusal;

      3) the amount of the loan/lease;

      4) duration of each loan agreement;

      5) term of subsidisation;

      6) subsidy rate;

      7) total amount of subsidies under the loan agreement (broken down by year).

      20-1. Offers that have been approved by the working authority (service provider) shall be placed in a reserve (waiting list).

      Within one 1 (one) working day after a positive decision on a paper proposal, the working authority (service provider) shall enter the data from the offer with a copy of the loan agreement and the repayment schedule attached into the information system for inclusion in the reserve (waiting list).

      Offers shall be included in the reserve (waiting list) by the working authority ( service provider) in line with the date and time of receipt of the offer. Information on the inclusion of the offer in the reserve (waiting list) shall be recorded in the subsidy information system.

      Under offers received in the reserve (waiting list), subsidy payments shall be made on a priority basis as per the date and time of receipt of the offer in the reserve (waiting list) when additional budgetary funds have been made available in the current financial year. If there are no additional budgetary funds available in the current financial year, subsidy payments shall be made in the following financial year based on the offers received in the reserve (waiting list).

      The notification of the inclusion of the offer in the reserve (waiting list) in the form required by Annex 7-1 hereto shall be sent by the working authority (service provider) to the financial institution and the borrower (service recipient) within 1 (one) working day after the positive decision on the offer).

      21. If budget funds are available, the working authority (service provider) shall send the borrower (service recipient) and the financing institution a notification of the conclusion of the subsidy agreement, observing the order of priority of the offers received in the reserve (waiting list).

      22. The subsidy agreement provides for the possibility of the working body (service provider) to unilaterally terminate it in the following cases:

      1) the presence in the contract of unfulfilled obligations by the borrower (service recipient) to repay the principal debt and (or) remuneration for more than 90 (ninety) calendar days;

      2) misuse of funds under a loan agreement;

      3) seizure of the accounts of the borrower (service recipient) by a court decision that has entered into legal force;

      4) a written application in any form of the borrower (service recipient) to refuse to receive subsidies;

      5) full repayment by the borrower (service recipient) of obligations to the financial institution under the loan agreement;

      6) termination or termination of the loan agreement.

      23. Within 3 (three) working days of the signing of the subsidy agreement and/or thereafter one month prior to the due date of payment, the Financial Institution shall submit to the Working Authority (service provider) an application for subsidy as per Annex 3 hereto to fulfil the requirements laid down in Paragraph 30 hereof.

      24. For applications for subsidies in which the amount of subsidies exceeds the amount of budgetary funds provided for in the Funding Plan for the corresponding month, the payment of subsidies is carried out in the next month in the order of priority from the date of application.

      At the same time, the term for the provision of public services in the current month is suspended and resumed from the first working day of the next month.

      25. If, before the formation of an invoice for payment of a subsidy by the working body (service provider), the existence of a discrepancy in the data in the registered application is revealed, the financial institution withdraws the application, indicating the reason for the withdrawal.

      26. The financial institution opens a special bank account for the transfer of subsidies by the working body (service provider) under the concluded subsidy agreements, and in the absence of such an opportunity, opens a special account in the servicing bank.

      27. A financial institution uses funds in a special bank account only to pay the subsidized part of the interest rate to the borrower (service recipient) under the loan agreement.

      28. When a financial institution receives a non-subsidized part of the interest rate from the borrower (service recipient), it writes off the subsidized part of the interest rate from the special account in accordance with the repayment schedule to the loan agreement.

      29. In the event of the due date of payment under the loan agreement and there is no funds in the special bank account of the financial institution to pay the subsidized part of the interest rate, the borrower (service recipient) pays the full interest rate at its own expense. The financial institution notifies the borrower (service recipient) at least 5 (five) business days before the due date of the need to pay the full rate of interest at its own expense. The working body (service provider) compensates the subsidized part of the remuneration rate by crediting funds to a special bank account of a financial institution. In this case, the financial institution, within 10 (ten) business days from the date of receipt of funds to the special bank account of the financial institution from the working body (service provider), reimburses the borrower (service recipient) of the previously paid, subsidized part of the interest rate by transferring the subsidized interest rate to the current account borrower (service recipient).

      30. The working body (service provider), according to the application for subsidies, monthly transfers in advance to a special bank account of the financial institution the subsidized part of the remuneration rate, per month, in the previous month, in which the next payment of subsidies is made.

      31. In the event of the formation of the balance of unused funds on a special account, their return is provided:

      1) if the borrower (service recipient) is excluded from the program by a financial institution within 1 (one) month after the decision is made by the working body (service provider);

      2) when the terms of the current loan agreement are changed, as well as early repayment of the principal debt by the financial institution within 1 (one) month after the submission of quarterly reports;

      3) if the borrower (service recipient) fails to fulfill its obligations to repay the planned payment of the principal debt and (or) remuneration for a period of more than 90 (ninety) calendar days in a row within 1 (one) month from the date of receipt of information from the working body (service provider) on the termination of subsidizing the borrower (service recipient).

      At the same time, the return of payments made in the current financial year is carried out by restoring the cash expenses of the working body (service provider) by increasing the amount of unfulfilled obligations and reducing cash expenses according to the corresponding codes of the budget classification of expenses in accordance with the order of the Minister of Finance of the Republic of Kazakhstan dated September 18, 2014 No. 403 “On some issues of the Unified Budget Classification of the Republic of Kazakhstan” (registered in the Register of State Registration of Regulatory Legal Acts No. 9756).

      In case of return of payments of previous years, the amount of the return is credited to the income of the corresponding budget from which the payments were made.

      32. In case of changes in the conditions of the existing loan agreement (interest rate, interest payment terms, granting a deferral of the repayment of principal and/or interest), the financing institution shall, within ten (10) working days, notify the working authority (servicer) thereof, attaching a copy of the decision taken to change the financing conditions, an updated repayment schedule of principal, interest and amount of subsidies.

      Should the subsidy agreement be in paper form and not converted into electronic format, the relevant notification shall be submitted by the financial institution in paper form.

      33. The working body (service provider), within 3 (three) working days from the date of receipt of a notification from a financial institution on changing the terms of the current loan agreement:

      1) checks the compliance of the amended terms of the loan agreement with the conditions of subsidies established by these Rules;

      2) in case of compliance of the proposed changes with the requirements of these Rules, makes and draws up a decision on amending the subsidy agreement and notifies the financial institution about it.

      34. An additional agreement to the subsidy agreement with an updated subsidy schedule for the borrower (service recipient) is concluded on the basis of the decision of the working body (service provider) between the borrower (service recipient), the financial institution and the working body (service provider), within 5 (five) business days from the date of receipt the financial institution notifies the working body (service provider) of a positive decision to amend the subsidy agreement.

      In this case, a change in the subsidy agreement is allowed provided that the change in the corresponding loan agreement was made by a financial institution by agreement with the borrower (service recipient) (not unilaterally).

      35. The financial institution, from the day when it became aware of the occurrence of an event that is the basis for unilateral termination of the subsidy agreement by the working body (service provider), notifies the working body (service provider) of such an event within 5 (five) business days.

      In the event of an event that is the basis for unilateral termination by the working body (service provider) of the subsidy agreement, concluded in paper form and not translated into electronic format, the corresponding notification is submitted by the financial institution in paper form.

      The working body (service provider) within 5 (five) working days from the date of receipt of the notification from the financial institution makes and draws up a decision to terminate the subsidy agreement and notifies the financial institution about it.

      The working body (service provider), within 5 (five) working days from the day when it became aware of the occurrence of an event that is the basis for unilateral termination, makes and draws up a decision to terminate the subsidy agreement and notifies the financial institution about it.

      The subsidy agreement is considered terminated from the date of receipt by the borrower (service recipient), the financial institution of a notification of the corresponding decision of the working body (service provider).

      36. Refusal to provide subsidies to the borrower (service recipient) is carried out on the grounds provided for in paragraph 2 of Article 19-1 of the Law on Public Services.

      37. The Service Provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services in the manner prescribed by the authorized body in the field of informatization, in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law on Public Services.

      38. The provisions of this chapter, as well as chapters 1 and 2, apply to the relations provided for by chapters 4 and 5 of these Rules.

Chapter 4. Procedure for consideration of proposals in electronic form

      39. The working body (service provider) from the date of receipt of the proposal within 3 (three) working days:

      1) registration of the proposal in the subsidy information system;

      2) checking the compliance of the proposal with the subsidy conditions established by these Rules, including checking the compliance of the loan agreement with the requirements for the loan agreement in accordance with Appendix 2 to these Rules;

      3) adoption and execution of a decision on the proposal, and notification of this to the borrower (service recipient) and the financial institution.

      40. The decision of the working body (service provider) is signed by the electronic signature of the first head of the working body (service provider) or a person replacing him.

      41. An application for a subsidy by a financial institution shall be submitted via the e-government web portal.

      The information interaction between the e-government web portal and the subsidy information system shall be performed as per Article 43 of the Law of the Republic of Kazakhstan “On Informatisation”.

      The presence of personal accounts of the borrower (service recipient) and the financing institution in the subsidy information system shall be confirmed via the information exchange between the subsidy information system and the state databases “Legal Entities” or “Natural Persons”. An account in the subsidy information system shall enable the borrower (service recipient) and the financial institution to register the application in the subsidy information system on their own, whereby no application is required and the application shall be considered submitted as soon as it is registered.

      42. To open a personal account in the subsidy information system:

      1) the borrower (service recipient) and the financial institution shall have an EDS;

      2) the working authority (service provider) shall annually send to the service provider updated lists of employees with EDS.

      Access to the subsidy information system shall be made available to the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the Ministry) permanently online at no charge.

      The Ministry shall annually send to the service provider having access to the subsidy information system a list of responsible persons as per the requirements of the Law of the Republic of Kazakhstan “On Personal Data and Protection thereof”.

      43. The borrower (beneficiary) and the financial institution shall enter the following information for registration when opening personal accounts:

      1) for natural persons: IIN, surname, first name and patronymic (if any);

      2) for legal entities: BIN, full name; surname, first name and patronymic (if any) and IIN of the first manager;

      3) for self-employed persons, including those in the form of a joint venture: IIN or BIN, surname, first name and patronymic (if any);

      4) contact details (postal address, telephone number, e-mail address);

      5) second-tier bank current account details.

      If the aforementioned data changes, the borrower (service recipient) and the financial institution shall amend the personal account data entered in the Personal Account within 3 (three) working days.

      44. Responsible performer of the working body (service provider) within 2 (two) working days from the date of receipt of the application for subsidies:

      1) confirms the acceptance of the application for subsidies by signing with the use of an EDS;

      2) based on the results of registration of the application for subsidies, forms in the information system of subsidies accounts payable for the payment of subsidies, which are loaded into the information system "Treasury-Client" for transferring subsidies to a special bank account of a financial institution.

      45. The use of the subsidizing information system is allowed subject to certification and positive test results of such a system for compliance with information security requirements and ensuring it:

      1) information interaction with the state databases "Legal entities", "Individuals", "Real estate register" and the web portal of "electronic government";

      2) online availability of information on the status of limits on the amount of subsidies;

      3) posting in the information system an announcement on the suspension of receiving applications for subsidies;

      4) submission through the web portal of proposals, applications for subsidies and notifications signed by an EDS;

      5) formation of decisions of the working body (service provider) in electronic form and their signing with an EDS;

      6) the conclusion in the information system of a subsidy agreement or an additional agreement to the subsidy agreement in electronic form and their signing with an EDS;

      7) the formation of an invoice for payment for the payment of a subsidy to the Treasury authorities for transferring the subsidy to the bank account of the borrower (service recipient).

      46. In the event of a failure of the information system containing the necessary information for granting a subsidy, the working body (service provider) immediately notifies the service provider providing access to the information system of subsidizing about the situation and proceeds to eliminate it.

      In this case, after carrying out work to eliminate the failure that has occurred, the service provider, within 1 (one) working day, draws up a protocol on the technical problem and signs it with the working body (service provider).

      47. When considering an application in electronic form, the activities provided for in paragraphs 16, 19, 21, 23, 25, 29 - 35 of these Rules are carried out in the information system of subsidies.

Chapter 5. Procedure for consideration of proposals in paper form

      48. To carry out subsidies in paper form, a financial institution or a borrower (service recipient) submits the following documents to the State Corporation for transfer to the working body (service provider):

      1) proposals with a copy of the loan agreement with a repayment schedule in the form in accordance with Appendix 1 to these Rules;

      2) the draft of the updated repayment schedule with calculations of the subsidized or non-subsidized parts of the remuneration rate (with the calculations of the subsidized or non-subsidized parts of the rate is sent to the working body (service provider));

      3) an extract from the loan account of the borrower (service recipient) on obtaining a loan (for second-tier banks) or a document confirming the transfer of the loan / transfer of the leased asset.

      49. The working body (service provider) from the date of receipt of the proposal within 3 (three) working days:

      1) verification of the compliance of the proposal with the conditions of subsidies established by these Rules, including verification of the compliance of the loan agreement with the requirements for the loan agreement in accordance with Appendix 2 to these Rules;

      2) execution of a decision on compliance or non-compliance with the terms of these Rules and notification of this to the borrower (service recipient) and the financial institution.

      52. The responsible executor of the working body (service provider) within 2 (two) working days from the date of the decision on the refusal to approve the proposal through the State Corporation notifies the financial institution or the borrower (service recipient) in writing.

      53. The responsible executor of the working body (service provider), after receiving an application for subsidizing a financial institution, within 3 (three) working days, verifies the compliance of the amount of the application for transferring the borrower's subsidy schedule.

      54. The responsible executor of the working body (service provider), within 1 (one) business day after checking the application for subsidies, sends the corresponding invoices for payment to the Treasury authorities.

      55. The responsible executor of the working body (service provider), within 15 (fifteen) working days from the date of making a decision on the application or changing the terms of the current loan agreement (interest rate, terms of payment of remuneration, granting a deferral for the payment of the principal debt and (or) remuneration) makes to the subsidizing information system, data on the application indicating the name of the borrower, the number and date of the loan agreement, the loan amount, the term of the loan agreement, the subsidy period, the purpose of the loan, the percentage of the subsidized interest rate, the total amount of subsidies, the amount of interest for the entire term of the loan agreement (general, subsidized, paid by the borrower), dynamics of changes in the principal debt, with attachment in PDF (Portable Document Format) of scanned copies of your decision, the signed subsidy agreement and subsidy schedules, certified by the seal of the working body (service provider).

      To implement the provisions of this clause, the service provider shall ensure the development and operation of the necessary resources in the subsidy information system.

      56. When considering an application through the State Corporation, the measures provided for in paragraphs 16, 19, 21, 23, 25, 29 - 35 of these Rules are carried out in paper form.

Chapter 6. Final Provisions

      57. The Financial Institution shall monthly, by the 20th day of the month following the reporting month, submit to the Damu Entrepreneurship Development Fund Joint Stock Company (hereinafter: Damu EDF JSC) a report on the utilisation of the funds granted under the Lending and Financial Leasing Mechanism for Priority Projects in the form according to Annex 8 hereto.

      Footnote. Paragraph 57 – as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).

      58. Damu EDF JSC quarterly, not later than the 20th day of the second month following the reporting month, shall submit to the Ministry of National Economy of the Republic of Kazakhstan (hereinafter - MNE RK) a report on utilisation of funds issued under the Priority Projects Lending and Finance Leasing Mechanism in the form as per Annex 8 hereto.

      Footnote. Paragraph 58 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication).

      59. The Ministry shall, quarterly, by the 20th day of the month following the reporting month, submit to the MNE RK a report on the actual use of subsidies under loan agreements issued under the Loan and Financial Leasing Mechanism for priority projects in the form according to Annex 9 hereto.

      Footnote. Paragraph 59 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall come into force ten calendar days after the date of its first official publication).

      60. The financial institution quarterly, by the 20th day of the month following the reporting period, based on the results of the year (information as of January 1 of the next year), by the 25th day of the month following the reporting period, provides the working body (service provider) with a report on the actual use of subsidies for form in accordance with Appendix 10 to these Rules.

      61. The working body (service provider) quarterly by the 30th day of the month following the reporting period, based on the results of the year (information as of January 1 of the next year), by the 30th day of the month following the reporting period, submits to the Ministry a report on the actual use of subsidies in the form according to Appendix 10 to these Rules.

      62. For the subjects of the agro-industrial complex participating in the program, the reciprocal obligation will be the provision of statistical reporting on investments in fixed assets in agriculture and food production.

Chapter 7. The procedure for appealing decisions, actions (inaction)
of the service provider and (or) his officials on the provision of public services

      63. A complaint against a decision, action (inaction) of a working authority (service provider) concerning the provision of public services shall be filed to the head of the local executive body of the region, city of republican significance, capital (hereinafter referred to as local executive body), to the competent authority for evaluation and quality control of public services.

      Should a complaint be received as per paragraph 4 of Article 91 of the Administrative Procedure Code of the Republic of Kazakhstan (hereinafter - APC RK), the service provider shall forward it to the body considering the complaint within 3 (three) working days from the date of receipt. The working authority (service provider) shall not forward a complaint to the body examining the complaint if a favourable act or administrative action has been taken that fully satisfies the requirements set out in the complaint.

      64. A complaint by a borrower (service recipient) under Paragraph 2 of Article 25 of the Law on Public Services shall be considered:

      by the local executive body within 5 (five) working days of its registration;

      by the authority responsible for assessing and monitoring the quality of public services - within 15 (fifteen) working days of its registration.

      In accordance with paragraph 4 of Article 25 of the Law on Public Services, the term of consideration of a complaint by the local executive body, the competent authority for evaluation and quality control of public services shall be extended for up to 10 (ten) working days in cases where it is necessary:

      1) to undertake a further investigation or review of the complaint or an on-the-spot check;

      2) to get more information.

      Should the deadline for consideration of a complaint be extended, an official responsible for handling complaints shall, within 3 (three) working days of the extension, notify the borrower (service recipient) who has filed the complaint in writing (if filing a paper complaint) or electronically (if filing an electronic complaint) of the extension, indicating the reason for the extension.

      65. A complaint about the action (inaction) of employees of the State Corporation when providing services through the State Corporation is submitted to the head of the State Corporation, or to an authorized body in the field of informatization.

      66. Unless otherwise provided by law, appeal to a court may be made after a pre-trial appeal under paragraph 5 of Article 91 of the APC of the RK.

      Document form

Offer

      Footnote. Annex 1 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication).

      Financial Institution: ______________________________________________________

      (name of financial institution)

      Borrower: _________________________________________________________________

      __________________________________________________________________________

      (surname, first name, patronymic (if any) of an individual or full name of the legal entity)

      To: ____________________________________________________________________

      (Local executive body of the region, city of republican significance, capital)

      1. Information on the participant

      2. Information on loan agreements to be subsidised (hereinafter referred to as “LA”)

      Note:

      * working capital/acquisition of fixed assets/construction/leasing of farm animals/ machinery and equipment/ spring field and harvesting/investment purposes (insert as appropriate).

      ** shall be specified in case of submission of a loan issued by financial institutions under the Priority Projects Lending and Financial Leasing Mechanism approved by Decree of the Government of the Republic of Kazakhstan No. 820 dated December 11, 2018 “On Certain Issues of Long-Term Tenge Liquidity to Address Affordable Lending” (hereinafter - the Priority Projects Lending and Financial Leasing Mechanism).

      This is to certify that:

      1) the loan agreement complies with the requirements for loan agreements established in line with the Rules for Subsidising Interest Rates for Lending to Agricultural Entities and Leasing for the Purchase of Farm Animals, Machinery and Technological Equipment, approved by Order No. 436 of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of October 26, 2018 (recorded in the Register of State Registration of Regulatory Legal Acts under No. 17741);

      2) the intended purpose is to acquire agricultural machinery, including mounted and trailed equipment, as well as the purchase of farm animals, the purchase of fixed assets, construction (excluding loans for the purchase of fixed assets for the production of flour, mineral water and soft drinks), the replenishment of working capital required for the technological cycle of the production process, spring field work and harvesting.

      Under the Priority Project Loan and Finance Leasing Facility, where the intended purpose is for investment purposes, working capital replenishment and spring field and/or harvesting operations;

      3) the borrower is not undergoing a change of legal form, liquidation or bankruptcy and the activity has not been suspended under the Law of the Republic of Kazakhstan “On Rehabilitation and Bankruptcy”, with the exception of cases of financial debt restructuring and accelerated rehabilitation procedures;

      4) the loan agreement is not financed from the national budget and/or the National Fund of the Republic of Kazakhstan;

      5) the borrower has no evidence of misuse of funds under the loan agreement;

      6) the borrower has no overdue obligations to repay the principal and/or interest under the loan agreement;

      7) the interest rate on the loan agreement specified in the application for subsidy is not subsidised under other state and/or budget programmes.

      Annex: a copy of the loan agreement with a repayment schedule.

      When submitting a paper offer:

      Borrower's surname, first name, patronymic (if any) and signature

      ______________________________________________________________________

      Surname, first name, patronymic (if any) and signature of the head of the financial institution or authorised person

      ______________________________________________________________________

      Date of signature of the offer by the borrower "___"_______20___.

      Date of signature of the offer by the financial institution "___"_______20___.

      When submitting an offer electronically:

      Signed and sent by the applicant at __ o'clock "____" __________ 20__:

      Data from the electronic digital signature (EDS)

      Signed and sent by the Financial Institution at ____ o'clock "__" __________ 20__:

      Data from the EDS

      Notification of acceptance of the offer:

      Accepted by the Working Authority y at __ o'clock "__" ______ 20__:

      Data from the EDS

Requirements for the loan agreement

      Footnote. Annex 2 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall take effect ten calendar days after the date of its first official publication).

      The loan agreement shall comply with the following requirements:

      1) the loan/leasing received is used in the agricultural sector;

      2) concluded with fixed nominal interest rate not exceeding 17 (seventeen) percent (hereinafter referred to as %) per annum in KZT, not exceeding 14 (fourteen) percent per annum in Russian rubles and not exceeding 7 (seven) percent per annum in foreign currency;

      3) the intended purpose is to acquire agricultural machinery, including mounted and trailed equipment, as well as the purchase of farm animals, the purchase of fixed assets, construction (excluding loans for the purchase of fixed assets for the production of flour, mineral water and soft drinks), the replenishment of working capital required for the technological cycle of the production process, spring field work and harvesting.

      Under the Priority Projects Lending and Finance Leasing Mechanism, approved by Decree No. 820 of December 11, 2018 of the Government of the Republic of Kazakhstan “On Certain Issues of Long-Term Tenge Liquidity to Address Affordable Lending”, the intended purpose shall be for investment purposes, working capital replenishment and spring field and/or harvesting operations;

      4) the source of funding of the loan is not the state budget or the National Fund of the Republic of Kazakhstan;

      5) is valid at the time of application (not terminated or expired));

      6) the remuneration rate is not subsidised by other state and/or budgetary programmes of the Republic of Kazakhstan;

      7) the purchase of shares, shares in organisations, and enterprises as property complexes is prohibited.

      New, previously unused agricultural machinery and equipment and those registered in the Agricultural Machinery Registration Information System shall be subsidised.

      Document form

Notification of recalculation of subsidy amounts with regard to accrual of subsidy

      Footnote. The Rules as supplemented by Annex 2-1 by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).

      Hereby, _______________________________________________________________,

      (name of financial institution)

      under paragraph 9 of the Rules for Subsidising Interest Rates on Lending to Agricultural Entities and Leasing for the Purchase of Farm Animals, Machinery and Technological Equipment, approved by Order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan, No. 436 of October 26, 2018 (recorded in the Registry of State Registration of Regulatory Acts under No. 17741), requests that subsidies be accrued as from 1 January 20___/

      __________________________________________________________________________

      to (date of loan disbursement)

      the date of the subsidy agreement dated "___" _________ 20__ for the borrower ______________________________________________________________.

      (surname, first name, patronymic (if any) of an individual or full name of a legal entity)

      The notification is forwarded for consideration for a decision.

      I hereby confirm the accuracy of the provided information, I am aware of the responsibility for the submission of false information in accordance with the legislation of the Republic of Kazakhstan and I give my consent to the use of information that constitutes a legally protected secret, as well as to the collection of processing of personal data.

      Repayment schedule

      Currency: ________

      When submitting a notification of recalculation of subsidy amounts in respect of the accrual of the subsidy in paper form:

      Head of a financial institution (representative by proxy) or authorised person

      ___________________________________________________________________

      ___________________________________________________________________

      (Signature, first name, surname and patronymic (if any))

      Date of notification sent by the financial institution "___"_________ 20___.

      When submitting a notification of recalculation of subsidy amounts in terms of accrual of the subsidy electronically:

      Signed and sent by the Financial Institution at ______ o'clock "__" ______ 20___:

      Data from the electronic digital signature (EDS)

      Notification of acceptance of notice:

      Accepted by the working authority at __ o'clock "__" __________ 20__:

      Data from the EDS

      Document form

      _______________________________________________________________________________

      (local executive body of the region, city of republican significance, the capital)

Application for subsidies

      Footnote. Annex 3 - as worded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall go into effect ten calendar days after the date of its first official publication).

      Hereby, the financial institution __________________________________________

      under the interest rate subsidy agreements for lending to agribusinesses and leasing for the purchase of farm animals, machinery and technological equipment listed in the table below, confirms that the borrower had no overdue obligations in the previous month, including payment of interest rates under the loan agreements by the borrowers, and requests that subsidies for the borrowers listed below be paid in the following amounts: KZT _______________ , for the period from "__" ______ 20__ to "__"________20__.

      Head of a financial institution (representative by proxy)

      __________________________________________________________________

      (signature, first name, surname and patronymic (if any))

      When submitting a paper application for a subsidy:

      Head of a financial institution (representative by proxy) or authorised person

      __________________________________________________________________

      __________________________________________________________________

      (signature, first name, surname and patronymic (if any))

      Date of signature of application by the financial institution "___"________ 20___.

      When applying for a subsidy electronically:

      Signed and sent by the financial institution at ____ o'clock "__" _____ 20__:

      Data from an electronic digital signature (hereinafter EDS)

      Notification of acceptance of application:

      Adopted by the working authority at __ o'clock "__" __________ 20__:

      Data from the EDS

Contract for subsidizing interest rates

      city ___________ "___" __________ 20__

      Department of Agriculture __________________ of the region (city), hereinafter referred to as "Working body", represented by ______________ ____________________, acting on the basis of power of attorney No. _______ dated _________________ 20__, on the one hand, _______________, hereinafter referred to as the "Borrower", represented by ____________________, acting on on the basis of ___________________________ on the other hand, and ____________, hereinafter referred to as the "Financial Institution", represented by ____________________, acting on the basis of ______________________, on the third party, hereinafter collectively referred to as the "Parties", and separately the "Party", have entered into this agreement for subsidizing interest rates (hereinafter referred to as the subsidy agreement) as follows.

Chapter 1. Terms and definitions

      1. This subsidy agreement uses the concepts specified in the Rules for Subsidizing Interest Rates for Lending to Agroindustrial Complex Entities, as well as leasing for the purchase of farm animals, machinery and technological equipment, approved by order of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan dated 26 October 2018 No. 436 (registered in the Register of State Registration of Normative Legal Acts No. 17741) (hereinafter - Subsidization Rules).

Chapter 2. Subject of the contract

      2. Under this subsidy agreement, the Working Body undertakes, on the terms determined by the agreement, to subsidize the Borrower's costs of paying the interest rate under a certain loan agreement, with the support of the Financial Institute, within the amount of money allocated under the relevant budget program, in accordance with the Borrower's subsidy schedule (in accordance with the decision of the Working Body) (hereinafter - the subsidy schedule) in the form in accordance with the appendix to this agreement.

Chapter 3. Rights and obligations of the parties

      3. The working body undertakes:

      1) consider within 2 (two) working days from the date of receipt of an application for subsidies from the Financial Institute;

      2) check its compliance with the conditions for obtaining subsidies provided for by the Subsidy Rules and check the amount of the subsidy application to the subsidy schedules of the Borrowers in accordance with the subsidy agreement;

      3) according to the application for subsidies, monthly transfers by advance payment to a special bank account of the Financial Institute the subsidized part of the interest rate, in the month, the previous month in which the next payment of subsidies is made;

      4) if the application for subsidizing meets the requirements of the Subsidy Rules, form and send invoices for payment to the Treasury authorities for transferring subsidies to the bank account of the Financial Institute;

      5) in case of non-compliance of the application for subsidies, inform the Financial Institution about the refusal to issue subsidies.

      4. The financial institution undertakes:

      1) monthly form and send to the Working body an application for subsidies;

      2) in case of delay by the Borrower of obligations to repay the principal debt and remuneration and for other events specified in the Subsidy Rules, within 5 (five) business days from the date of detection of events, inform the Working Body about this;

      3) in the event of a change in the terms of the current loan agreement (interest rate, timing of remuneration payment, provision of a deferral for the payment of the principal debt and (or) remuneration), send a notification to the Working Body with a copy of the decision made to change the financing conditions, an updated schedule of repayment of the principal debt, remuneration and amount of subsidies.

      5. The borrower undertakes:

      1) comply with the conditions of subsidizing established by the Rules for subsidizing;

      2) not to allow subsidizing the interest rate under the loan agreement under other state and budget programs.

Chapter 4. Liability of the parties

      6. The parties to this agreement are responsible for non-performance and (or) improper performance of obligations arising from this subsidy agreement, in accordance with this subsidy agreement and the laws of the Republic of Kazakhstan.

Chapter 5. Force majeure circumstances

      7. The parties are exempt from liability for non-performance or improper performance of their obligations under this subsidy agreement, if the impossibility of performance was the result of force majeure circumstances.

      8. In the event of force majeure circumstances, the Party, for which it became impossible to fulfill its obligations under this subsidy agreement, must promptly notify the other Party of such circumstances within 10 (ten) business days from the moment of their occurrence. In this case, the nature, period of validity, the fact of the occurrence of force majeure circumstances must be confirmed by the relevant documents of the authorized state bodies.

      9. In the absence of timely notification, the Party is obliged to compensate the other Party for the damage caused by failure to notify or untimely notification.

      10. The onset of force majeure circumstances entails an increase in the term of performance of this agreement for the period of their validity.

      11. If such circumstances continue for more than 3 (three) months in a row, then either Party has the right to refuse further fulfillment of obligations under this subsidy agreement.

Chapter 6. Final Provisions

      12. Correspondence is considered to be duly submitted or directed when it is properly executed (correspondence is considered to be duly completed when it is presented on a letterhead or sealed (if any), signed by the manager and has a registration number, date), delivered personally, delivered by mail (registered mail with notification) or courier service to the address of the participating Party.

      13. This agreement provides for the possibility of a working body to unilaterally terminate it in the following cases:

      1) the presence in the agreement of unfulfilled obligations by the borrower to repay the principal debt and (or) remuneration for more than 90 (ninety) calendar days;

      2) misuse of funds under a loan agreement;

      3) seizure of the borrower's accounts by a court decision that has entered into legal force;

      4) a written application in any form of the borrower to refuse to receive subsidies;

      5) full repayment by the borrower of obligations to the financial institution under the loan agreement;

      6) termination or termination of the loan agreement.

      14. The parties must make every effort to resolve in the process of direct negotiations all differences or disputes arising between them under the contract or in connection with it. If, after such negotiations, the Parties are unable to resolve the dispute under the subsidy agreement, either Party may demand that this issue be resolved in a judicial proceeding established by the civil procedural legislation of the Republic of Kazakhstan.

      15. This subsidy agreement comes into force from the date of signing by the authorized representatives of all Parties and is valid until the end of the loan agreement in accordance with the subsidy schedule.

      16. In the part not settled by the agreement, the Parties shall resolve disputes in court.

      17. This agreement is drawn up in 6 (six) copies in the state and Russian languages, having the same legal force, 2 (two) copies, one in the state and Russian languages for each of the Parties.

      18. Appendix to this agreement of subsidies are its integral part.

      19. Addresses, bank details, signatures of the Parties:

Borrower's Subsidy Schedule

      (according to the decision of the Working Body) No. ___ dated "___" ___________ 20 ___

      Borrower name: ____________________________

      Number, date of conclusion: _____________________________________________

      Purpose of the loan / leasing: ___________________________________

      Loan agreement amount, tenge: ______________________________________

      Loan agreement amount: currency: tenge,

      KZT________________________________________________________________

      The term for repayment of the principal debt under the loan agreement: ___________________

      Remuneration rate,% General:

      ____________________________________________________________

      Subsidized: ______________________________________________________

      Paid by the borrower: __________________________

      Amount of remuneration for the entire term of the loan agreement, tenge Total:

      ____________________________________________________________

      Subsidized: ______________________________________________________

      Paid by the borrower:

      Working body __________ ______________________________________

      signature (surname, name, patronymic (if any)

      Borrower ___________ ______________________________________________

      signature surname, name, patronymic (if any)

      Financial institution __________ __________________________________________

      signature (surname, name, patronymic (if any)

Standard of the public service “Subsidising interest rates for loans to agribusinesses, as well as leasing for the purchase of farm animals, machinery and technological equipment”

      Footnote. Annex 5 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication).

Notification of subsidy transfer

      Footnote. Annex 6 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enacted ten calendar days after the date of its first official publication).

      Dear __________________________________________________________

      (Name of the legal person or surname, first name, patronymic (if any) individual)

      We hereby notify you of the provision of a public service under the subsidy agreement Interest rates No. ______ dated "___" _______ 20__ as part of the application

      No.______ of "___" ___________ 20___, submitted by

      _________________________________________________________________________.

      (name of financial institution)

      Subsidy amount of _________ transferred to the account of the financial institution.

Notification of refusal to provide public services

      Dear ________________________________________________

      (name of the borrower)

      According to your application No. __________ dated "__" _________ 20___ in the provision of

      public service was denied due to:

      ____________________________________________________________________.

      Document form

Notification of inclusion of the offer in the reserve (waiting list)

      Footnote. The Rules as supplemented by Annex 7-1 by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be enforced ten calendar days after the date of its first official publication).

      Hereby, __________________________________________________________

      notifies (the local executive body of the region, city of republican significance city, the capital)

      ______________________________________________________________________

      (the name of the borrowing legal entity or the surname, first name and patronymic

      (if any) of the borrowing individual)

      and ____________________________________________________________________

      for inclusion of your offer to ("name of financial institution") reserve (waiting list)

      as per queue No. _________ dated "____" 20____.

      When submitting a paper proposal:

      Document originator__________________________________________________________

      (surname, first name and patronymic (if any), telephone number)

      __________________ (signature)

      The head or person acting in his/her official capacity

      __________________________________________________________________

      (surname, first name and patronymic (if any) __________________ (signature)

      Date of sending the notice "___"_______20___.

      When submitting an offer electronically:

      Data from the electronic digital signature (EDS)

      Signed and sent at ____ o'clock "__" __________ 20__:

      Data from the EDS

      Document form

Form designed to collect administrative data

      Submitted to: Damu Entrepreneurship Development Fund Joint Stock Company and the Ministry of National Economy of the Republic of Kazakhstan

      The administrative data form is available on the website: www.gov.kz

Report on disbursement of funds under the Priority Project Loan and Finance Leasing Mechanism

      Footnote. Annex 8 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall come into effect ten calendar days after the date of its first official publication).

      Administrative data form index: Form No. 1-OS

      Frequency: monthly, quarterly

      Reporting period: __________(month/quarter) 20___

      Range of persons submitting information: financial institutions, Damu Entrepreneurship Development Fund Joint Stock Company

      Deadline for submission of the administrative data form:

      to Damu Entrepreneurship Development Fund Joint Stock Company on a monthly basis, not later than the twentieth of the month following the reporting month, during the term of the Priority Projects Lending and Financial Leasing Mechanism approved by Decree No. 820 of the Government of Kazakhstan dated December 11, 2018 “On Certain Issues of Long Term Tenge Liquidity to Address Affordable Lending” (hereinafter referred to as the Priority Project Loan and Finance Leasing Mechanism);

      to the Ministry of National Economy of the Republic of Kazakhstan on a quarterly basis, not later than the twentieth day of the second month following the reporting quarter, during the term of the Priority Project Loan and Finance Leasing Mechanism.

      continuation of the table

      continuation of the table

      continuation of the table

      Name ________________________________________________________

      Address _______________________________________________________________

      Contact details _____________________________________________________________

      E-mail address ______________________________________________

      Document originator _________________________________________________________

      (surname, first name and patronymic (if any), signature)

      The head or person acting in his/her official capacity

      _____________________________________________________________________

      (surname, first name and patronymic (if any), signature)

      Stamp here (except for persons who are self-employed)

      Date of report "___" __________ 20 ___

Clarification for completing the Form designed to collect administrative data
“Report on Disbursement of Funds Issued under the Priority Projects Loan and Finance Leasing Mechanism” Chapter 1: General provisions

      1. This explanation specifies uniform requirements for completing the form designed to collect administrative data “Report on Disbursement of Funds Issued under the Priority Projects Loan and Finance Leasing Mechanism” (hereinafter referred to as the Form).

      2. The form shall be filled in by the financial institutions, Damu Entrepreneurship Development Fund Joint Stock Company.

      3. The form shall be signed by the document originator and the head or person acting in his/her official capacity.

      4. The form shall be provided by:

      by financial institutions to the Damu Entrepreneurship Development Fund Joint Stock Company on a monthly basis, by the twentieth of the month following the reporting month, for the duration of the Priority Projects Loan and Finance Leasing Mechanism;

      Damu Entrepreneurship Development Fund Joint Stock Company to the Ministry of National Economy of the Republic of Kazakhstan on a quarterly basis, not later than the twentieth of the second month following the reporting quarter, during the term of the Priority Project Loan and Finance Leasing Mechanism.

      5. Form shall be completed in Kazakh or Russian.

Chapter 2. Clarification for completing the Form

      6. Column 1 shall indicate the sequential number.

      7. The name of the financial institution shall be indicated in column 2.

      8. Column 3 shall specify the region.

      9. Column 4 shall show the name of the borrower broken down by region of the Republic of Kazakhstan.

      10. Column 5 shall indicate the legal form of the legal entity being an entrepreneur, and for natural persons being an entrepreneur - individual entrepreneur/ peasant (farming) enterprise.

      11. Column 6 shall include the date of issue of the loan/financial lease.

      12. Column 7 shall contain the term of the loan/financial lease.

      13. Column 8 shall show the amount of the loan/financial lease.

      14. Columns 9 and 10 shall indicate the amount of the loan/financial lease approved with funds from the Priority Project Loan and Finance Leasing Facility, Financial Institution.

      15. Column 11 shall contain the amount of the actual disbursement.

      16. Columns 12 and 13 shall specify the amount actually disbursed from the Priority Project Loan and Finance Leasing Facility, Financial Institution.

      17. Columns 14 and 15 shall provide the grace period for repayment of principal and remuneration.

      18. Columns 16 and 17 shall specify the loan/finance lease interest rate and the effective loan/finance lease rate.

      19. Column 18 shall include the object of the loan/financial lease.

      20. The intended use of the borrowed funds (indicating the name and amount of each borrowing destination) shall be stated in column 19).

      21. Column 20 shall indicate the place of disbursement (district, town or city).

      22. Column 21 shall include the section on the general classifier of economic activities.

      23. Column 22 shall indicate the four-digit class according to the common classifier of economic activities.

      24. Column 23 shall show the number of new jobs created as a result of the project.

      25. Columns 24 and 25 shall specify the number and date of the decision of the competent authority of the financial institution.

      26. Column 26 shall indicate the planned amount of tax payments per year (when reaching the maximum design capacity), million tenge (based on the business plan).

      27. Column 27 shall contain the planned amount of revenue per year (when reaching maximum design capacity), million tenge (based on the business plan).

      28. Columns 28 and 29 shall provide the number and date of the loan/credit line agreement.

      29. Column 30 shall include the borrower's individual identification number/business identification number.

      30. Column 31 shall include information on participation in the Business Road Map-2025 State Business Support and Development Programme approved by Decree No. 968 of the Government of the Republic of Kazakhstan dated December 24, 2019 (hereinafter, the State Business Road Map-2025 Programme).

      31. Column 32 shall indicate the direction under the Priority Project Loan and Finance Leasing Mechanism.

      32. Column 33 shall specify the category of the business entity (small/medium-sized business entity/large business entity).

      33. Column 34 shall show compliance/non-compliance of the agribusiness entity with the conditions of the Business Roadmap 2025 State Business Support and Development Programme / Priority Projects Lending and Finance Leasing Mechanism.

      34. Column 35 shall specify the compliance/non-compliance of the agribusiness entity's project with the conditions of the Business Roadmap 2025 State Business Support and Development Programme / Priority Project Lending and Finance Leasing Mechanism.

      Document form

Form designed to collect administrative data

      Submitted to: the Ministry of National Economy of the Republic of Kazakhstan.

      The administrative data form is available on the website: www.gov.kz

Report on the actual use of subsidies under loan agreements issued under the Priority Project Loan and Finance Leasing Mechanism

      Footnote. Annex 9 - as reworded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be put into effect ten calendar days after the date of its first official publication).

      Administrative data form index: Form No. 2-FIS

      Frequency: quarterly

      Reporting period: ___ quarter of 20___

      Range of persons submitting information: Ministry of Agriculture of the Republic of Kazakhstan

      Administrative data form submission deadline: quarterly, no later than the 20th of the month following the reporting quarter.

      continuation of the table

      Name _________________________________________________________

      Address ________________________________________________________________

      Contact details ______________________________________________________________

      E-mail address _______________________________________________

      Document originator __________________________________________________________

      surname, first name and patronymic (if any), signature)

      The head or person acting in his/her official capacity

      ______________________________________________________________________

      (surname, first name and patronymic (if any), signature)

      Stamp here

      ___________________________

      Date of report "___" __________ 20 ___

Clarification for completing the form designed to collect administrative data
“Report on the Actual Use of Subsidies under Loan Agreements Issued under the Priority Project Loan and Finance Leasing Mechanism” Chapter 1: General provisions

      1. This clarification specifies uniform requirements for completing the form designed to collect administrative data “Report on the Actual Use of Subsidies under Loan Agreements Granted under the Priority Projects Lending and Finance Leasing Mechanism” (hereinafter Form).

      2. The Form shall be completed by the Ministry of Agriculture of the Republic of Kazakhstan.

      3. The Form shall be signed by the executing officer and the head or person acting as head.

      4. The Form shall be provided by: the Ministry of Agriculture of the Republic of Kazakhstan to the Ministry of National Economy of the Republic of Kazakhstan.

      5. The Form shall be completed in Kazakh or Russian.

Chapter 2. Clarification for completing the Form

      6. Column 1 shall indicate the sequential number.

      7. Column 2 shall include the name of the borrower.

      8. Column 3 shall contain the individual identification number or the business identification number of the borrower.

      9. Column 4 shall show the number and date of the loan agreement.

      10. Column 5 shall specify the amount of the loan agreement.

      11. Column 6 shall state the total amount of subsidies for the duration of the loan agreement.

      12. Columns 7 and 8 shall reflect the amounts of grants paid by the working authority to the financial institution for the whole period, including for the reporting period.

      13. Columns 9 and 10 shall indicate the amounts of subsidies transferred by the financial institution to the borrower for the entire period, including for the reporting period.

      14. Columns 11 and 12 shall specify deviations (overpayments, deficiencies) for the entire period, including for the reporting period.

      15. Column 13 shall include the amount of unused subsidies returned to the working authority (fact).

      16. Column 14 shall show the subsidy balance in the special account of the financial institution.

      17. Column 15 shall contain the four-digit class according to the common classifier of economic activities.

      Document form

Form designed to collect administrative data

      To be submitted: to the structural subdivision of the local executive body of the region, city of republican significance and the capital that implements the functions in the field of agriculture, and to the Ministry of Agriculture of the Republic of Kazakhstan

      The administrative data form is available on the website: www.gov.kz

Report on the actual use of subsidies

      Footnote. Annex 10 - as worded by Order No. 336 of the Minister of Agriculture of the Republic of Kazakhstan dated 19.11.2021 (shall be in force ten calendar days after the date of its first official publication).

      Administrative data form index: Form No. 3-FIS

      Frequency: quarterly, annually

      Reporting period: ___ quarter of 20___, 20___

      Range of persons submitting information: financial institutions, structural subdivision of the local executive body of the region, city of republican significance and the capital exercising functions in the field of agriculture

      Deadline for submission of the administrative data form:

      to the structural subdivision of the local executive body of the region, city of republican significance and the capital, implementing the functions in the area of agriculture, quarterly, by the twentieth of the month following the reporting quarter, and annually, by the twenty-fifth of January of the calendar year;

      to the Ministry of Agriculture of the Republic of Kazakhstan quarterly, by the thirtieth of the month following the reporting quarter, and annually, by the thirtieth of January of the calendar year.

      Name _________________________________________________________

      Address ________________________________________________________________

      Contact details ______________________________________________________________

      E-mail address _______________________________________________

      Document originator __________________________________________________________

      surname, first name and patronymic (if any), signature)

      The head or person acting in his/her official capacity

      ______________________________________________________________________

      (surname, first name and patronymic (if any), signature)

      Stamp here (excluding persons who are private entrepreneurs)

      ___________________________

      Date of report "___" __________ 20 ___

Clarification for completing the form designed to collect administrative data “Report on the Actual Use of Subsidies” Chapter 1: General provisions

      1. This clarification specifies the uniform requirements for completing the form designed to collect administrative data “Report on the Actual Use of Subsidies” (hereinafter Form).

      2. The Form shall be filled in by the financial institutions, structural subdivision of the local executive body of the region, city of republican significance and the capital exercising functions in the field of agriculture.

      3. The Form shall be signed by the executor and the head or person acting in his/her official capacity.

      4. The Form shall be provided:

      by financial institutions to the structural subdivision of the local executive body of the region, city of republican significance and the capital exercising functions in the field of agriculture (hereinafter the working authority) on a quarterly basis, by the twentieth of the month following the reporting quarter and annually, by the twenty-fifth of January of the calendar year;

      by the working authority to the Ministry of Agriculture of the Republic of Kazakhstan on a quarterly basis, by the thirtieth of the month following the reporting quarter, and annually by the thirtieth of January of the calendar year.

      5. The Form shall be completed in Kazakh or Russian.

Chapter 2. Clarification for completing the Form

      6. Column 1 shall contain the sequence number.

      7. Column 2 shall include the name of the borrower.

      8. Column 3 shall indicate the borrower's individual identification number/business identification number.

      9. Column 4 shall show the number and date of the loan agreement.

      10. Column 5 shall specify the amount of the loan agreement.

      11. Column 6 shall state the amount of subsidies for the entire term of the loan agreement.

      12. Columns 7 and 8 shall reflect the amounts of grants paid by the working authority to the financial institution for the whole period, including for the reporting period.

      13. Columns 9 and 10 shall indicate the amounts of subsidies transferred by the financial institution to the borrower for the entire period, including for the reporting period.

      14. Columns 11 and 12 shall include deviations (overpayments, shortfalls) for the whole period, including for the reporting period.

      15. Column 13 shall specify the amount of unused subsidies refunded to the working authority (actual).

      16. Column 14 shall show the subsidy balance in the special account of the financial institution.