Licenses and Permits

In any country, certain activities can only be performed under a permit (a license) or upon sending a notification on commencement of certain type activities to a competent state authority.

Legislation often provides for the most stringent requirements and liability for enterprises, which activities pose the most significant risks to the rights and legitimate interests of other parties. In Kazakhstan, for instance, activities associated with a high level of danger require a license that is considered as the first category permit. The absence of a license entails the most stringent penalties, including fines and confiscation of proceeds received during the absence of the license, as well as objects and(or) instruments of wrongdoing (i.e. machinery and equipment). Activities associated with an average level of danger require the second category permit. A notification procedure applies to activities or operations associated with a low danger level. Operating without the said permit or notification may also entail quite serious implications (penalties).

Therefore, before starting a business make sure you are aware of what permits and notifications are required to carry out the planned activities.

The legislation on permits and notifications can apply in many other cases such as reorganisation of legal entities engaged in activities that require permits (notifications), or disposal by a legal entity of its property used for activities that require permits (notifications). In such cases, a rational action plan based on a thorough analysis of the legislation and the company case is required.

GRATA International offers the following services:

• Supporting the procedure for obtaining permits/sending notifications to state authorities;
• Advising on issues related to obtaining permits and sending notifications to state authorities;
• Drafting contracts for activities that require permit/notification to state authority;
• Due diligence of companies for the compliance of activities with the legislation on permits and notifications;
• Advising on issues related to prohibitions and restrictions under the legislation of the Eurasian Economic Union (EAEU);
• Assessing the chances for settlement of disputes with state authorities on permits/notifications related issues;
• Representing companies in the course of settlement of disputes with state authorities on permits/notifications related issues.

References

• China Machinery Engineering Corporation
• Maersk Sealand & August
• Lufthansa
• KEC
• Oilfield Production Consultants (OPC)
• KBR
• Imtech
• China State Construction Engineering
• ENFI (China ENFI Engineering corporation)
• CMEC