On the formation of the Council of Foreign Investors under the President of the Republic of Kazakhstan

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Decree of the President of the Republic of Kazakhstan dated June 30, 1998 No. 3985.

In accordance with subparagraph 20) of Article 44 of the Constitution of the Republic of Kazakhstan, I HEREBY DECREE:

1. To establish the Council of Foreign Investors under the President of the Republic of Kazakhstan.

2. To approve the Regulations on the Council of Foreign Investors under the President of the Republic of Kazakhstan (attached).

3. The First Deputy Prime Minister of the Republic of Kazakhstan - Chairman of the State Committee of the Republic of Kazakhstan for Investments, within one month, submit proposals on the staff of the Council for consideration by the Head of State.

4. This Decree comes into force from the date of signing.

the president

REPUBLIC OF KAZAKHSTAN

Approved by Decree of the President of the Republic of Kazakhstan on June 30, 1998 No. 3985

Regulations on the Council of Foreign Investors under the President of the Republic of Kazakhstan

The footnote. Regulation as amended by Decree of the President of the Republic of Kazakhstan dated 07/24/2013 No. 603.

1. General provisions

1. The Council of Foreign Investors (hereinafter referred to as the Council) is an advisory body under the President of the Republic of Kazakhstan.

2. The legal basis of the Council's activities is the Constitution and laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, as well as this Regulation.

3. The activities of the Council are provided by the Administration of the President of the Republic of Kazakhstan and the working body of the Council.

4. The working body of the Council is the Investment Committee of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter referred to as the working body of the Council).

The footnote. Paragraph 4 as amended by Decree of the President of the Republic of Kazakhstan dated 26.02.2019 No. 862.

2. The main tasks of the Council

5. The main task of the Council is to develop recommendations and proposals on the following issues::

defining the main directions of the investment policy of the Republic of Kazakhstan;

improving the investment climate in the Republic of Kazakhstan;

improving the regulatory framework of the Republic of Kazakhstan on investments;

assistance to foreign companies in economic diversification, industrialization of the industrial sector, and development of small and medium-sized businesses in the Republic of Kazakhstan;

integration of the economy of the Republic of Kazakhstan into global economic processes;

strategies for attracting foreign investments into the economy of the Republic of Kazakhstan;

implementation of major investment programs and projects of the Republic of Kazakhstan of international importance.

3. Composition of the Council

6. The Chairman of the Council is the President of the Republic of Kazakhstan.

7. Permanent members of the Council are ex officio: Prime Minister of the Republic of Kazakhstan, Chairman of the National Bank of the Republic of Kazakhstan, Deputy Prime Ministers of the Republic of Kazakhstan, Deputy Head of the Presidential Administration of the Republic of Kazakhstan, Minister of Foreign Affairs of the Republic of Kazakhstan, Minister of Transport of the Republic of Kazakhstan, Minister of Finance of the Republic of Kazakhstan, Minister of Industry and Construction of the Republic of Kazakhstan, Minister of National Economy of the Republic of Kazakhstan and the first head of the Council's working body.

The footnote. Paragraph 7 is amended by Decree of the President of the Republic of Kazakhstan dated 08.01.2026 No. 1152 (effective after the date of its first official publication).

8. The Council may include other officials of the Republic of Kazakhstan, as determined by the President of the Republic of Kazakhstan.

9. The composition of the Council from the foreign side is formed from among representatives of international economic and financial organizations (hereinafter referred to as international organizations), top managers of foreign companies or their deputies (hereinafter referred to as foreign members of the Council) in accordance with the procedure established by these Regulations.

10. In order to facilitate the effective performance of the tasks assigned to it by the Council, a Commission on the Operational Activities of the Council (hereinafter referred to as the Commission) is being established.

11. The personal composition of the Council is approved by the President of the Republic of Kazakhstan.

4. Procedure for submitting and reviewing applications for membership in the Council

12. For admission to the Council, representatives of international organizations and foreign companies (hereinafter referred to as applicants) submit an application to the working body in the form set out in the annex to these Regulations.

13. The main criterion for admission to membership of the Council is the investment in the economy of the Republic of Kazakhstan by international organizations and foreign companies represented by their applicants of direct investments in the amount equivalent to at least 500 million US dollars, for investors working in the field of subsoil use, and at least 125 million US dollars, for investors in other sectors of the economy.

The members of the Council may also be representatives of international and other organizations, banks, actively involved in the creation of a favorable investment climate and activation of investment processes in the economy of the Republic of Kazakhstan.

However, initially, applicants are granted the observer status of the Council by the decision of the Commission.

The footnote. Paragraph 13 is amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598. 14. Excluded by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

15. Applications are considered by the working body of the Council in the order of their receipt and, if they meet the criteria set out in paragraph 13 of these Regulations, are submitted for consideration by the Commission.

The footnote. Paragraph 15 is amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

16. If, in accordance with the recommendation of the Council's working body, the applicant does not meet the criteria set out in paragraph 13 of these Regulations, but carries out activities in the priority sector of the economy, the applicant's application may be submitted to the Commission for inclusion in the Council's observers if at least 6 of the following conditions are met::

1) carrying out investment activities in the Republic of Kazakhstan for a period of at least 3 years;

2) creation of new jobs, seventy percent of which should be occupied by Kazakhstani employees;

3) contribution to socio-economic development (training of Kazakhstani specialists, creation of equal working conditions, participation in the implementation of socially significant projects in the Republic of Kazakhstan, implementation of "environmentally friendly projects" in the Republic of Kazakhstan, participation in work to improve the investment image of the Republic of Kazakhstan);

4) production of export-oriented products in the territory of the Republic of Kazakhstan;

5) import of technologies to the Republic of Kazakhstan;

6) compliance with the priorities of economic development of the Republic of Kazakhstan;

7) Market and industry leadership, high ratings from international rating agencies;

8) availability of recommendations from Kazakhstani and foreign industrial and business associations, diplomatic missions accredited in the Republic of Kazakhstan;

9) experience and business reputation of an international organization or a foreign company.

The footnote. Paragraph 16 is amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

17. If the Commission makes a positive decision, the applicant is included in the Board of observers with the possibility of reviewing the company's status after two years and including him in the Board from a foreign side in case of a positive decision of the Commission.

The footnote. Paragraph 17 is amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

17-1. By the decision of the Chairman of the Council, an applicant may be included in the Council without granting observer status.

The footnote. Chapter 4 was supplemented by paragraph 17-1 in accordance with the Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

5. The Board's Operational Activities Commission

18. The main task of the Commission is to facilitate the effective performance of the tasks assigned to it by the Council. The composition of the Commission is approved by the decision of the Chairman of the Commission on the recommendation of the working body of the Council and in consultation with all applicants for inclusion in the Commission.

19. The Commission consists of six representatives from the Kazakh side and six representatives from the foreign side.

The members of the Commission from the Kazakh side are ex officio: Deputy Head of the Presidential Administration of the Republic of Kazakhstan (Chairman of the Commission), Deputy first heads of the Ministries of Foreign Affairs, Justice, National Economy, Industry and Construction, Transport of the Republic of Kazakhstan, first head of the working body of the Council (Secretary of the Commission).

The footnote. Paragraph 19 is amended by Decree of the President of the Republic of Kazakhstan dated 04/09/2025 No. 837; as amended by Decree of the President of the Republic of Kazakhstan dated 01/08/2026 No. 1152 (effective after the date of its first official publication).

20. Meetings of the Commission are held as necessary, but at least once a year. The Commission's decisions are made by a majority vote. In case of an equal distribution of votes, the vote of the Chairman of the Commission is decisive.

The footnote. Paragraph 20 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

21. The Commission develops recommendations to the President of the Republic of Kazakhstan on the composition of the Council from a foreign side, improving the effectiveness of the Council's activities, approves the composition of the Council's observers in accordance with Chapter 6 of these Regulations, evaluates the activities of the Council members and their respective companies for the purposes of the Council.

The footnote. Paragraph 21 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

6. Observers

22. Observers are not members of the Council.

23. The composition of observers is approved by the decision of the Commission.

24. Observers may participate in the plenary and interim meetings, thematic meetings, working groups and additional meetings of the Chairman of the Council, as well as make a report in agreement with the working body.

The footnote. Paragraph 24 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

25. Observers should actively participate in the work of at least one working group of the Council, contribute to the formation of a positive investment climate and improve the reputation of the Republic of Kazakhstan.

7. The procedure for the exclusion or replacement of foreign Council members and the grounds for the withdrawal of a foreign member from the Council

26. When considering the issue of expelling or replacing foreign members of the Council, consideration is given to:

1) personal participation of foreign Council members in the plenary meetings of the Council;

2) personal and active participation of permanent representatives of foreign members of the Council in the activities of the Council's joint working groups;

3) compliance by foreign members of the Council with the legislation of the Republic of Kazakhstan;

4) participation of foreign members of the Council in the development of the economy of the Republic of Kazakhstan, primarily in the implementation of measures to diversify the economy of the Republic of Kazakhstan.

27. The grounds for the withdrawal of a foreign member from the Council are:

1) a written request from a foreign member of the Council to terminate his/her activities in the Council;

2) termination of investment activities in the Republic of Kazakhstan by an international organization or a foreign company, whose representative is a foreign member of the Council.

28. The recommendations of the Commission may also serve as a basis for the withdrawal of a foreign member from the Council.

8. Joint working groups of the Council

29. In order to develop recommendations and proposals to the Council on the implementation of protocol instructions from the plenary sessions of the Council, improving investment policy, improving the investment climate of the Republic of Kazakhstan, assisting foreign investors in the development of local content, industrial and innovative development of Kazakhstan and the operational activities of companies investing in Kazakhstan, and the development of the digital economy of the Republic of Kazakhstan, joint commissions may be established permanent working groups of the Council.

The footnote. Paragraph 29 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

30. In total, no more than five joint permanent working groups of the Council can be created.

The footnote. Paragraph 30 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

31. The regulations on joint permanent working groups, the composition of the Kazakh and foreign sides, annual work plans and reports are approved by the co-chairs of the joint permanent working groups of the Council.

The footnote. Paragraph 31 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

31-1. In order to work out recommendations and promptly resolve issues of foreign investors in a particular area of the economy, joint temporary working groups of the Council may be established based on the results of the plenary and interim meetings of the Council, as well as thematic and additional meetings of the Chairman of the Council.

Joint temporary working groups of the Council are established by order of the Prime Minister of the Republic of Kazakhstan or by decision of the head of the Ministry in charge of issues related to the activities of this working group.

The footnote. Chapter 8 was supplemented by paragraph 31-1 in accordance with the Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

32. The general management of the activities of the Council's joint permanent working groups is carried out by the co-chairs from the Kazakh and foreign sides.

The co-chairman of the joint permanent working group from the Kazakh side may be an official at the level of the first head of the ministry in charge of issues related to the activities of this working group.

The head of the Kazakhstan representative office of an international organization or a foreign company, one of the heads who is a member of the Council, may be the co-chairman of the joint permanent working group from a foreign side.

The footnote. Paragraph 32 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

33. The Council's joint working groups may include representatives of government agencies of the Republic of Kazakhstan, international organizations, joint ventures, Kazakhstani and foreign companies.

34. The working groups develop recommendations to the Council, which are discussed in advance at the interim meetings of the Council, reviewed and approved by the minutes of the plenary meetings of the Council.

The footnote. Paragraph 34 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

35. Participation in the work of the Council's joint working groups is carried out without the right of substitution.

9. The Council's working procedure

36. The plenary meetings of the Council are held once a year, every second Thursday in June. At the same time, the Chairman of the Council may determine a different date for their holding.

If necessary, the Chairman of the Council holds additional working meetings, including via videoconference, with the heads of international organizations and foreign companies that are members of the Council.

The footnote. Paragraph 36 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

37. The main topic and venue of the plenary session are determined by the Chairman of the Council.

The footnote. Paragraph 37 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

38. The plenary session of the Council consists of two sessions:

1) an open session is held with the participation of representatives of the mass media, during which the report on the execution of the protocol instructions of the previous plenary meeting of the Council, the main topic of the meeting are discussed, speeches by the relevant minister and several members of the Council are heard, as well as the final report on the recommendations of the Council's working groups developed during the year;

2) the discussion session is held without the participation of representatives of the media and involves free discussion of various issues, including the exchange of views and comments of Council members.

The footnote. Paragraph 38 is amended by Decree of the President of the Republic of Kazakhstan dated 04/09/2025 No. 837.

39. The plenary meetings of the Council are valid if at least two thirds of the total number of Council members are present.

40. In the period between the plenary meetings of the Council, an interim meeting is held under the chairmanship of the Prime Minister of the Republic of Kazakhstan.

If necessary, the Prime Minister of the Republic of Kazakhstan holds additional thematic meetings with the heads of local member companies of the Council.

The footnote. Paragraph 40 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

41. The interim meeting, thematic meetings and additional meetings of the Chairman of the Council may be attended by members and observers of the Council, heads of government agencies of the Republic of Kazakhstan, co-chairs of joint permanent working groups of the Council, as well as permanent representatives of foreign members of the Council in the Republic of Kazakhstan.

The footnote. Paragraph 41 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

42. At the interim meetings of the Council, the preliminary results of the implementation of the protocol decisions of the last plenary meeting of the Council, the preparations for the plenary meetings of the Council, and the recommendations developed by the Council's working groups are discussed.

At the Council's thematic meetings, current problems of foreign investors are discussed, as well as recommendations on the topics of the meeting developed by the Council's working groups.

The footnote. Paragraph 42 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

43. These recommendations are announced by the co-chairs of the Council's joint working groups and, following the discussion, are taken into account when preparing the minutes of the interim meeting and the Council's thematic meeting.

The footnote. Paragraph 43 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

44. If necessary, representatives of interested government agencies of the Republic of Kazakhstan, as well as international organizations and foreign companies that are not members of the Council may be invited to the plenary and interim meetings of the Council, thematic meetings and additional meetings of the Chairman of the Council.

The footnote. Paragraph 44 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

45. Decisions taken following the results of the plenary and interim meetings, thematic meetings and additional meetings of the Chairman of the Council are formalized by the minutes.

The footnote. Paragraph 45 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

46. The working body of the Council submits, agreed with the Prime Minister of the Republic of Kazakhstan and interested state bodies, a draft protocol of the plenary meeting of the Council and additional meetings of the Chairman of the Council, with the attachment of securing control over the execution of instructions within one month from the date of the plenary meeting or additional meeting of the Chairman of the Council.

The footnote. Paragraph 46 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

47. The working body of the Council ensures that the minutes of the plenary and interim meetings, thematic meetings, as well as additional meetings of the Chairman of the Council and their appendices are sent to the participants of the meetings within one month from the date of its signing.

The footnote. Paragraph 47 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

10. The working body of the Council

48. The working body of the Council performs the functions of:

1) preparation and submission to the Commission of recommendations on the composition of the Council, joint working groups of the Council and the Commission;

2) organization and holding of plenary meetings and interim meetings, thematic meetings and additional meetings of the Chairman of the Council;

3) coordination of the activities of joint working groups;

4) monitoring the implementation of the protocol decisions of the Council, its joint working groups and the Commission.

The footnote. Paragraph 48 as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

Appendix to the Regulation on the Council of Foreign Investors under the President of the Republic of Kazakhstan, approved by Decree of the President of the Republic of Kazakhstan on June 30, 1998 No. 3985

Application for admission to the Board of Directors

The footnote. Appendix as amended by Decree of the President of the Republic of Kazakhstan dated 06/09/2021 No. 598.

1. Name of the international organization/foreign company: __________________________________________________.

2. Mailing address: ___________________________________

____________________________________________________________.

3. Country of origin: _____________________________.

4. General characteristics of the activities of an international organization/foreign company (field of activity, business reputation).

5. Information on the participation of an international organization/foreign company in the implementation of investment projects in Kazakhstan, indicating the duration of investment activity in the territory of the Republic of Kazakhstan.

6. The volume of direct investments invested in the economy of the Republic of Kazakhstan.

7. Total turnover, volume of production in Kazakhstan.

8. Revenues to the state budget of the Republic of Kazakhstan from the activities of an international organization/foreign company.

9. Participation in the activities of the Council's joint working groups.

10. Participation of an international organization/foreign company in solving social and environmental problems of the Republic of Kazakhstan, sponsorship and charitable activities in the territory of the Republic of Kazakhstan.

11. The number of Kazakhstani employees, indicating the percentage of their number to the total number of employees of the company and measures to improve their skills.

12. Information about participation in awareness-raising activities

the investment image of the Republic of Kazakhstan abroad.

13. Applicant's full name: ___________________________.

14. Position: ____________________________________.

15. Professional activity: ________________

_________________________________________________________.

16. Working time in an international organization/foreign company: ________________________________________________.

17. Attached documents (letters of recommendation from government authorities of the Republic of Kazakhstan, industrial and business associations, embassies of states accredited in the Republic of Kazakhstan): ____________________________________.

President

Republic of Kazakhstan

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