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Draft amendments to procurement rules for petroleum companies
The Procurement Rules play an important role in the day-to-day activities of the petroleum companies operating in Kazakhstan, considering that requests to clarify procurement issues constitute 55% of all requests for clarification of subsoil use issues sent to the Minister of Energy’s blog in 2019. This article reviews how the Procurement Rules are applied and the proposed amendments that will change or facilitate the procurement process.
New subsoil investor opportunities through auctions
If an investor wants to engage in oil and gas exploration or production in Kazakhstan, the first step is to obtain a subsoil use right (SUR) through a contract (SUC). An investor may obtain a SUR either directly (acquiring it from a current subsoil user or from the state) or indirectly (by buying shares in a subsoil user or its direct or indirect parent company (“objects linked to SUR” - Objects). Another option is to work in cooperation with a national company that has the right to obtain a SUR from the state through direct negotiations. Otherwise the SUR can be obtained from the state only at auction (Auction). The last option is to obtain a SUR or Objects through a public sale by a pledgeholder or bankruptcy manager during an enforcement process.
New opportunities for investors: obtaining subsoil use right for hydrocarbons through auction
If an investor wishes to commence oil and gas activity (exploration/production) in the Republic of Kazakhstan (“RoK”), it shall obtain a relevant subsoil use right (“SUR”), which is formalized by execution of a relevant subsoil use contract (“SUC”).