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LAW No. 463-IV OF 20th JULY 2011 OF THE REPUBLIC OF KAZAKHSTAN CONCERNING THE STATE REGULATION OF PRODUCTION AND TURNOVER OF CERTAIN KINDS OF PETROLEUM PRODUCTS
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LAW No. 463-IV OF 20th JULY 2011 OF THE REPUBLIC OF KAZAKHSTAN

CONCERNING THE STATE REGULATION OF PRODUCTION AND TURNOVER OF CERTAIN KINDS OF PETROLEUM PRODUCTS
AMENDMENTS AND ADDITIONS INTRODUCED BY:
1)  Law No. 538-IV of 12th January 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Stock Market Development in the Republic of Kazakhstan. (Article: 16, 26). Effective January 1, 2012; 
2)  Law No. 21 of 22nd June 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Main Pipelines and Taxation. (Articles: 1, 7 and 18). Effective date n/a; 
3)  Law No. 36 of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Reduction of Permissive Documents and Optimisation of Controlling and Supervisory Functions of the State Bodies. (Articles: 1, 4, 6, 7, 8, 17 replaced and 21). Effective date n/a; 
4)  Law No. 60 of 24th December 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Registration of Legal Entities and Accounting Registration of Affiliates and Representations. (Article 17). Effective date n/a; 
5)  Law No. 81 of 6th March 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Competition. (Article: 23). Effective date n/a; 
6)  Law No. 152 of 5th December 2013 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation. (Article 18). Effective August 10, 2011; 
7)  Law No. 159 of 13th January  2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Assignment of Competences of  State Bodies at Legislative and (or) Sub legislative Levels. (Articles: 7 and 9). Effective date n/a;  
8) Law No. 189 of 11th April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Civil Protection. (Articles: 1, 3, 6, 7, 9, 13, 18). Effective date n/a; 
9) Law No. 203 of 16th May 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Permissive System. (Articles: 17, 21). Effective date n/a; 
10)  Law No. 233 of 4th July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative acts of the Republic of Kazakhstan on Issues of the Improvement of Criminal Procedural Legislation. (Articles: 1, 6, 7, 18). Effective date n/a; 
11) Law No. 239 of 29th September 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Delimitation of Powers Among the State Administration Levels. (Articles: 1, 6, 7, 8, 9, 12, 14, 18, 19, 21). Effective date n/a; 
12) Law No. 248 of 7th November 2014 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Further Improvement of the State Government System. (Article 16). Effective date n/a; 
13) Law No. 257 of 28th November 2014 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation. (Articles: 1, 6, 8, 12, 19, 26). Effective January 1, 2015, except for amendments to: subparagraph 6 and subparagraph 7 of paragraph 3 of Article 12, which are effective January 1, 2016;
14) Law No. 269 of 29th December 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Cardinal Improvement of Conditions for Business Activity in the Republic of Kazakhstan. (Articles:  7, 8, 19). Effective January 1, 2015, except for amendments to: the first part of paragraph 4 of Article 19, which are effective January 2, 2015; 
15) Law No. 312 of 5th May 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Natural Monopolies and Regulated Markets. (Article 9). Effective date n/a; 
16) Law No. 376 of 29th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship. (Articles: 1, 2, 11, 22, 25 replaced). Effective January 1, 2016; 
17) Law No. 432 of 3rd December 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation and Customs Administration. (Articles:  1, 6, 8, 19, 20, 21). Effective date n/a, except for amendments to: Article 1, subparagraph 12-4) of Article 6, Articles 8 and  21 which are effective January 1, 2016;  Articles 19 and 20 which are effective July 1, 2016;
18) Law No. 500 of 9th April 2016 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Regulation of Production and Turnover of Certain Kinds of Petroleum Products. (Articles:  1, 4, 6, 7, 8, 10, 11-1 introduced, 12, 14, 15, 16, 17, 18, 19, 20, 21 replaced, 22, 23, 24, 26). Effective date n/a, except for amendments to: subparagraphs 2) and 3) of paragraph 1 of Article 26 which are effective January 1, 2016; 
 19) Law No. 26 of 30th November 2016 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation and Customs Administration. (Articles:  1, 21, 22). Effective January 1, 2017; 
20) Law No. 34 of 28th December 2016 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Competition and State Support to Housing Construction. (Articles:  9, 14). Effective January 1, 2017;
21) Law No. 122 of 25th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation. (Articles:  8, 12, 22). Effective January 1, 2018; 
22) Law No. 126 of 27th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Subsurface Use. (Articles:  1, 8, 17, 19, 26). Effective January 1, 2018;
23) Law No. 156 of 24th May 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Business Regulation Improvement. (Articles: 9, 11 replaced). Effective date n/a; 
24) Law No. 184 of 5th October 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Ensuring the Unity of Measures and Standardization. (Articles: 1, 4, 7, 13). Effective upon the expiration of six months after the day of its first official publication; 
25) Law No. 241 of 2nd April 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Development of the Business Environment and Regulation of Trade Activity. (Articles: 8, 18, 21). Effective date n/a; and
26) Law No. 243 of 3rd April 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Special Economic and Industrial Zones, Attraction of Investments, Development and Promotion of Export, and Also Social Support. (Articles: 1, 6, 7, 10, 15, 18, 19, 23).  Effective date n/a.
This Law shall regulate social relations arising in the course of production and turnover of certain kinds of petroleum products: petrol, aviation and diesel fuel, and mazut. 

Article 1.  Basic Concepts Used in this Law
Amended by: 2)  Law No. 21 of 22nd June 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Main Pipelines and Taxation;
3)  Law No. 36 of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Reduction of Permissive Documents and Optimisation of Controlling and Supervisory Functions of the State Bodies;
8) Law No. 189 of 11th April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Civil Protection; 
10)  Law No. 233 of 4th July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative acts of the Republic of Kazakhstan on Issues of the Improvement of Criminal Procedural Legislation; 
11) Law No. 239 of 29th September 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Delimitation of Powers Among the State Administration Levels; 
13) Law No. 257 of 28th November 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation; 
16) Law No. 376 of 29th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship; 
17) Law No. 432 of 3rd December 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation and Customs Administration; 
18) Law No. 500 of 9th April 2016 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Regulation of Production and Turnover of Certain Kinds of Petroleum Products;
19) Law No. 26 of 30th November 2016 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Taxation and Customs Administration; 
22) Law No. 126 of 27th December 2017 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Subsurface Use; 
24) Law No. 184 of 5th October 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Ensuring the Unity of Measures and Standardization; and
26) Law No. 243 of 3rd April 2019 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Special Economic and Industrial Zones, Attraction of Investments, Development and Promotion of Export, and Also Social Support.
The following basic concepts shall be used in this Law: 

1) car-fuelling station – a technological complex and equipment ensuring storage and retail sale of petroleum products, provided with controlling recording devices. 
	Car-fuelling stations shall be divided in the following types: 
	stationary ones – with the underground or surface location of reservoirs, which is designated to fill transport vehicles with petroleum products via fuel-filling columns; 
 	container ones – with the surface location of reservoirs for storage of petroleum products, whose technological system is characterized by the location of fuel-filling columns in a container for storage of petroleum products that is designed as a single factory-made product; 
	mobile ones – with the location of a reservoir and a fuel-filling column on a truck chassis, trailer, semi-trailer designed as a single factory-made product;
2) repealed by 3;
3)  personal identification code number means a permanent identification number, which is assigned to producers of petroleum products, wholesale suppliers of petroleum products which import petroleum products, and to each name of petroleum product, produced in the Republic of Kazakhstan or imported to the territory of the Republic of Kazakhstan, and required for the indication of a kind, grade of petroleum products in an accompanying note and declaration for petroleum products turnover; 

4) control recording devices – technical devices that determine quantitative and qualitative characteristics of petroleum products, that are designated to keep records for purposes of subsequent transfer in the real-time mode via the operator of data of control recording devices in the sphere of manufacture and turnover of petroleum products to the authorized body in the sphere of turnover of petroleum products by means of an automated system of information about volumes of production and (or) turnover of petroleum products, which devices are installed at industrial facilities of manufacturers of petroleum products and at car-fuelling stations (except for car-fuelling stations of mobile type), that are allowed to be used in accordance with the legislation of the Republic of Kazakhstan in the sphere of ensuring of the uniformity of measurements;
5)  investment program means a program for investing and repayment of funds, aimed at the creation, modernization and reconstruction of the existing production capacities of petroleum products producers for a certain period for the purpose of obtaining a planned technical-and-economic effect, which includes in itself the economic indicators, including investment components which affect the petroleum products price;

6)  compounding means mixing of two or several components, including insertion of additives, dopants for the purpose of producing of petroleum products of program quality; 
6-1) products of processing – products of processing of crude petroleum and gas liquids which are suitable for subsequent processing by a producer of petroleum products (accept for a small-scale producer of petroleum products);
7)  nonmerchantable petroleum product means a petroleum product which does not meet the requirements of technical documents and documents for standardization;
	8)  producer of petroleum products of small capacity means a producer of petroleum products which produces petroleum products on technological installations, which design capacity contemplates the volume of processing of crude oil and/or gas condensate less than eight hundred thousand tones per year;  

9) petroleum supplier * a natural person or legal entity which supplies to a manufacturer of petroleum products, and also to petroleum processing factories situated beyond the boundaries of the Republic of Kazakhstan, crude petroleum and (or) natural gas liquids independently produced, received by the Republic of Kazakhstan as taxes payable in kind in accordance with the tax legislation of the Republic of Kazakhstan, imported or purchased directly from a subsurface user, on conditions established by this Law; 

10)  petroleum products mean certain kinds of petroleum products: petrol, aviation and diesel fuel, mazut;

11)  plan of supplies of petroleum products means a volume of monthly demands of oblasts, cities of Republic’s significance and capital city in petroleum products, produced in the Republic of Kazakhstan;
11-1) single operator for supply of petroleum products – a legal entity determined by the Government of the Republic of Kazakhstan whose principal scope of activity is supplies of petroleum products to the Armed Forces of the Republic of Kazakhstan, Frontier Service of the National Security Committee of the Republic of Kazakhstan, National Guards of the Republic of Kazakhstan, authorized body in the sphere of civil protection, authorized body in the sphere of state material reserves, and also rendering to them services associated with storage and delivery of petroleum products;

12)  retail realization of petroleum products means an entrepreneurial activity on the sale of petroleum products by a physical person or legal entity for own needs with no intent of further realization;

13) retail seller of petroleum products – an individual entrepreneur or legal entity carrying out purchases of petroleum products for purposes of subsequent retail selling;
14) wholesale supplier of petroleum products – an individual entrepreneur or legal entity carrying out purchases of petroleum products from producers of petroleum products, petroleum suppliers  and (or) importers for purposes of subsequent selling; 
14-1) importer – an individual entrepreneur or legal entity carrying out the brining (in particular importation) of own petroleum products in the territory of the Republic of Kazakhstan for purposes of subsequent selling;
15) wholesale of petroleum products – business activity for selling petroleum products by producers of petroleum products, petroleum suppliers, wholesale suppliers of petroleum products, importers for purposes of subsequent selling;
16)  production of petroleum products means a range of works on processing crude oil and/or gas condensate, and/or products of their processing, and also on compounding, which provides for manufacturing of petroleum products;
17)  minimum volume of petroleum products production means an amount of petroleum products not less of which a producer of petroleum products must produce monthly during a calendar year; 

18)  monitoring of production and realization of petroleum products means an analysis of demands, processes of production, realization, transportation, as well as a dynamics of wholesale and retail prices on petroleum products; 

19)  authorized body in the area of petroleum products production means a central executive body which performs management in the area of state regulation of petroleum products production;

20) producer of petroleum products – a legal entity that holds in accordance with ownership rights and (or) other legal grounds a petroleum processing factory and performs production of petroleum products in accordance with the production passport, and also sells own manufactured petroleum products and (or) transfers petroleum products that are products of processing of client’s raw materials;
21)  turnover of petroleum products means acquisition, storage, wholesale and retail realization, shipment, transportation, export and import of petroleum products; 

22)  authorized body in the area of petroleum products turnover means a central executive body which performs management in the area of state regulation of petroleum products turnover;

23)  base of petroleum products means a complex of buildings and installations, which include technological equipment, tank farm, technical facilities and communications designed for reception, storage, shipment and realization of petroleum products;
24)  common database on production and turnover of petroleum products means an electronic database on production and turnover of petroleum products, formed on the basis of administrative data of state bodies which conduct, within their competence, state regulation of production and turnover of petroleum products; 

24-1) data of control metering devices in the sphere of production and turnover of petroleum products means data on volumes of production and turnover of petroleum products; 
24-2) operator of data of control metering devices in the sphere of production and turnover of petroleum products means a legal entity defined by the Government of the Republic of Kazakhstan that ensures automated online transfer of data from control metering devices to the authorised body and its territorial units;
24-3) industrial facilities of the producer of petroleum products – a complex of buildings and structures, which includes technological equipment, reservoir park, gallery to load petroleum products, technical devices and communications, which is designated to receive crude petroleum and (or) gas liquids, manufacture, store, unload, load, transfer, transport, ship and sell petroleum products, which is consistent with requirements of the legislation of the Republic of Kazakhstan in the sphere of technical regulation;
25)  production passport means a document of the established form, which reflects the indicators of production capacities of a producer of petroleum products, its basic characteristics, which regulate the use of the available equipment for the observance of technological process of production; 

Prior to 1 January 2015, in subparagraph 26 the words «control measurement devices» shall be considered to be «means of measurement which provide for petroleum products recording»
26) reservoir – a container for storage at a petroleum product storage depot or at an industrial facility of the producer of petroleum products;
27) notice of the authorized body in the sphere of turnover of petroleum products – a written message sent on paper or in the electronic format by the authorized body in the sphere of turnover of petroleum products and (or) its territorial units to a producer of petroleum products, petroleum supplier, importer, wholesale supplier of petroleum products or retail seller of petroleum products concerning removal of violations identified upon results of in-house supervision in the sphere of state regulation of production and turnover of petroleum products;
28) final consumer – natural persons and legal entities purchasing petroleum products without purposes of subsequent selling.
Article 2.  Legislation of the Republic of Kazakhstan on State Regulation of Production and Turnover of Certain Types of Petroleum Products
Amended by 16) Law No. 376 of 29th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship.
1.  Legislation of the Republic of Kazakhstan on state regulation of production and turnover of certain types of petroleum products shall be based on the Constitution of the Republic of Kazakhstan and shall consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2.  If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided for in this Law, the rules of the international treaty shall apply.

Article 3.  The Sphere of Application of this Law

Amended by 8) Law No. 189 of 11th April 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Civil Protection
1.  This Law shall be effective in the territory of the Republic of Kazakhstan and apply to the relations in the area of production and turnover of petroleum products. 

2.  The effect of this Law shall not apply to the relations:

1)  arising in the realization of petroleum products by physical persons and/or legal entities not for the purposes of entrepreneurial activity;

2) with regard to production of oil products, arising within the frameworks of mobilisation training, mobilisation. 

Article 4.  State Regulation of Production and Turnover of Petroleum Products
Amended by: 3)  Law No. 36 of 10th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Reduction of Permissive Documents and Optimisation of Controlling and Supervisory Functions of the State Bodies; 
18) Law No. 500 of 9th April 2016 of the Republic of Kazakhstan  Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of State Regulation of Production and Turnover of Certain Kinds of Petroleum Products; and
24) Law No. 184 of 5th October 2018 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Ensuring the Unity of Measures and Standardization.
State regulation of production and turnover of petroleum products shall be carried out by way of:

1)  approval for subsoil users the schedules of delivery of crude oil and/or gas condensate to producers of petroleum products for providing for the demands of domestic market of the Republic of Kazakhstan;

2) approval of plans of processing of petroleum and products of processing and supplies of petroleum products;
4)  establishment of the terms and restrictions in the performance of wholesale and retail realization of petroleum products; 

5)  technical regulation and standardization in the area of production and turnover of petroleum products;