On approval of the Rules and deadlines for establishing counter-obligations of the investor for other types of activities not regulated by the Law of the Republic of Kazakhstan “On Industrial Policy”

Order of the Acting Minister of National Economy of the Republic of Kazakhstan dated 15 October 2025 No. 107, registered with the Ministry of Justice of the Republic of Kazakhstan on 16 October 2025 No. 37147.

      Unofficial translation
      Note from the ILLI!
      Enters into force on 01.01.2026

      In accordance with paragraph 3 of Article 281 of the Entrepreneurial Code of the Republic of Kazakhstan, I HEREBY ORDER:

      1.To approve the attached Rules and deadlines for establishing counter-obligations of the investor for other types of activities not regulated by the Law of the Republic of Kazakhstan “On Industrial Policy.”

      2. The Department of Investment Policy and Development of the Financial Sector of the Ministry of National Economy of the Republic of Kazakhstan shall, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, ensure state registration of this order with the Ministry of Justice of the Republic of Kazakhstan and its publication on the Internet resource of the Ministry of National Economy of the Republic of Kazakhstan after the day of its first official publication.

      3. Control over the execution of this order shall be assigned to the supervising Vice Minister of National Economy of the Republic of Kazakhstan.

      4. This order shall enter into force on 1 January 2026 and shall be subject to official publication.

      Acting Minister of National Economy
of the Republic of Kazakhstan       А. Amrin

  Approved
by the order of the acting
Minister of National Economy
of the Republic of Kazakhstan
dated October 15, 2025 № 107

Rules and deadlines for establishing counter-obligations of the investor for other types of activities not regulated by the Law of the Republic of Kazakhstan "On Industrial Policy" Chapter 1. General provisions

      1.These Rules and deadlines for establishing counter-obligations of the investor for other types of activities not regulated by the Law of the Republic of Kazakhstan "On Industrial Policy" (hereinafter referred to as the "Rules") have been developed in accordance with paragraph 3 of Article 281 of the Entrepreneurial Code of the Republic of Kazakhstan and define the procedure and deadlines for establishing counter-obligations of the investor for other types of activities not regulated by the Law of the Republic of Kazakhstan "On Industrial Policy."

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

      1) investor’s counter-obligations – obligations of an investor engaged in other types of activities not regulated by the Law of the Republic of Kazakhstan "On Industrial Policy," assumed upon the provision of state support measures;

      2) other types of activities – types of activities not regulated by the Law of the Republic of Kazakhstan "On Industrial Policy";

      3) investor in other types of activities – a legal entity registered in accordance with the legislation of the Republic of Kazakhstan, implementing an investment project and engaged in other types of activities;

      4) authorized body – a central state body exercising management in the relevant sphere and/or industry.

Chapter 2. Procedure and deadlines for establishing counter-obligations of the investor for other types of activities not regulated by the Law of the Republic of Kazakhstan "On Industrial Policy"

      3. When providing state support measures for other types of activities, the parties shall provide for obligations of the state to grant state support measures, and for the investor - to fulfill counter-obligations.

      4. The investor’s counter-obligations shall be established for the following other types of activities provided for by the investment project:

      1) agriculture, forestry, and fishing;

      2) construction;

      3) wholesale and retail trade;

      4) repair of motor vehicles and motorcycles;

      5) transportation and storage;

      6) provision of accommodation and food services;

      7) information and communication;

      8) financial and insurance activities;

      9) real estate activities;

      10) professional, scientific, and technical activities;

      11) administrative and support service activities;

      12) education;

      13) human health and social work activities;

      14) arts, entertainment, and recreation.

      5. The investor’s counter-obligations shall be established by the authorized body, upon approval by the Negotiation Commission (hereinafter – the Commission).

      6. The procedure for the Commission’s activities is defined in accordance with the Rules for Concluding, Amending, and Terminating Investment Agreements, approved by the Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated March 17, 2023, No. 11-1-4/113 (registered in the Register of State Registration of Regulatory Legal Acts under No. 32095) (hereinafter – the Rules for Concluding, Amending, and Terminating Investment Agreements).

      7. The deadline for the fulfillment of the investor’s counter-obligations shall be determined by the authorized body no later than 5 (five) working days from the date of submission of the complete package of documents stipulated by paragraph 6 of the Rules for Concluding, Amending, and Terminating Investment Agreements (hereinafter – the package of documents).

      8. The Commission shall review and approve the investor’s counter-obligations within 10 (ten) working days from the date of receipt of the package of documents from the authorized body.

      9. The terms of the investor’s counter-obligations shall be determined depending on the nature and duration of the investment project.

      10. The total term for the fulfillment of the investor’s counter-obligations shall not exceed 25 (twenty-five) years.

      11. Allowable terms for the investor’s counter-obligations for other types of activities:

      1) agriculture, forestry, and fishing – up to 10 (ten) years;

      2) construction – up to 10 (ten) years;

      3) wholesale and retail trade – up to 7 (seven) years;

      4) repair of motor vehicles and motorcycles – up to 7 (seven) years;

      5) transportation and storage – up to 15 (fifteen) years;

      6) provision of accommodation and food services – up to 10 (ten) years;

      7) information and communication – up to 25 (twenty-five) years;

      8) financial and insurance activities – up to 7 (seven) years;

      9) real estate activities – up to 7 (seven) years;

      10) professional, scientific, and technical activities – up to 10 (ten) years;

      11) administrative and support service activities – up to 7 (seven) years;

      12) education – up to 25 (twenty-five) years;

      13) human health and social work activities – up to 25 (twenty-five) years;

      14) arts, entertainment, and recreation – up to 7 (seven) years.

      12. The decision of the Commission shall be formalized by a protocol and shall serve as the basis for the determination of the investor’s counter-obligations by the authorized body.

      13. In cases where the terms of the investment project implementation are changed, the deadlines shall be subject to revision by the Commission.

      14. Control over the fulfillment of counter-obligations by the investor shall be carried out in accordance with paragraph 25 of the Rules for Concluding, Amending, and Terminating Investment Agreements.