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Law No. 373-II On investments.

Pays/Territoire
Kazakhstan
Type du document
Législation
Date
2003 (2014)
Source
FAO, FAOLEX
Sujet
Terre et sols, Général
Mot clé
Loi-cadre Concession Terres publiques Commerce/industrie/sociétés Crédit Subvention/incitation Contrat/accord Relations internationales/coopération Expropriation Responsabilité/indemnisation Protection de l’environnement
Aire géographique
Mer d’Aral, Asie, Mer Caspienne, Asie Centrale, CEI (Communauté des États indépendants), Europe et Asie Centrale, Nations en développement sans littoral, Asie du Nord
Entry into force notes
This Law enters into force on the date of its official publication.
Résumé

This Law regulates the relations connected with investments in the Republic of Kazakhstan, and defines the legal and economic framework for investment incentives, guarantees the protection of the rights of investors, who are investing in the Republic of Kazakhstan, define measures of state support of investment, arbitration of disputes involving investors. Investments shall be intended all kinds of property (except goods intended for the personal consumption) including articles of the finance leasing after date of the lease agreement conclusion as well as the rights for them invested into the authorized capital of legal person or increase in fixed assets applied for business activity, and also the fixed assets produced and obtained by concessionaire (assignee) within the frameworks of franchising agreement. Investment contract shall be intended the contract for implementation of the investment project providing implementation of investments and providing investment preferences. Investor shall be intended natural or legal person investing in the Republic of Kazakhstan. This Act does not regulate relations connected with: (a) implementation of investment from the state budget; and (b) investment in non-profit organizations, including educational, charitable, scientific or religious purposes. Investors have the right to invest in any facilities and types of entrepreneurial activity, except in cases stipulated by legislative acts of the Republic of Kazakhstan. The rights and obligations of investors in respect of facilities and types of entrepreneurial activity in which the investment is established in this Law, other legislative acts of the Republic of Kazakhstan and the relevant treaties. Forcible seizure of property of the investor (nationalization, requisition) for public use is permitted in exceptional cases stipulated by legislative acts of the Republic of Kazakhstan. With the nationalization of the Republic of Kazakhstan to the investor shall be compensated in full the damages caused to him as a result of legislative acts of the Republic of Kazakhstan on the nationalization. The purpose of state support for investment are creating a favorable investment climate for economic development and stimulate investment in new, expanding and updating existing plants with modern technologies, training of Kazakhstani personnel, as well as environmental protection. The following types of investment preferences are provided for investment project (including priority investment project): (a) exemption from customs duties; and (b) state in-kind grants. The following types of investment preferences (hereinafter - investment preferences for priority investment project) are provided for priority investment project): (a) tax preferences; and (b) investment subsidy. Subsoil management shall not be subject to inclusion in the list of priority investment projects. With purposes of the government interests protection the information on the investment contract termination is addressed to: (a) the bodies of state revenues and, if necessary, to other government bodies for taking the appropriate actions; and (b) investment contracts according to which the state natural grant was submitted, to the bodies of state revenues, authorized bodies on management of the state property and (or) land resources, and also local executive bodies.

Texte intégral
Anglais
Site web
investmentpolicy.unctad.org