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The Criminal Code sets out punishments for violations of copyright, rights for inventions, useful models, industrial patterns, select inventions, and integrated circuits topographies. Despite these efforts, U. The law set up a more convenient, one-tier system of IPR registration and provided rights holders the opportunity for pre-trial dispute settlement through the Appeals Council at the Ministry of Justice.
In addition, the law included IPR protection as one of the government procurement principles that should be strictly followed by government organizations. The Ministry of Justice and law enforcement agencies regularly report the results of their inspections. In , they conducted inspections and initiated cases on violations of trade mark use, resulting in USD 32, in penalties.
In addition, authorities reportedly seized over 44, units of counterfeit goods worth around USD 52, Customs officials seized counterfeited goods at border crossing worth around USD IPR violations are prosecuted regularly. The Ministry of Internal Affairs reported 31 criminal copyright violations in Of these 31 cases, three cases were closed, five were resolved by the conciliation of parties, and the rest remain in litigation.
Capital markets remain underdeveloped and illiquid, with small equity and debt markets dominated by state-owned companies and lacking in retail investors. Most domestic borrowers obtain credit from Kazakhstani banks, although foreign investors often find margins and collateral requirements onerous, and it is usually cheaper and easier for foreign investors to use retained earnings or borrow from their home country.
The government actively seeks to attract foreign direct investment, including portfolio investment. KASE, in operation since , trades a variety of instruments, including equities and funds, corporate bonds, sovereign debt, foreign currencies, repurchase agreements REPO and derivatives, with listed companies in total.
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As of March 31, , stock market capitalization was USD AIX currently has 53 listings, including 24 traded on its platform. Money transfers over USD 50, require the servicing bank to notify the transaction to the authorities, so the transferring bank may require the transferring parties, whether resident or non-resident, to provide information for that notification.
Kazakhstan has 27 commercial banks. Over the past several years the government has undertaken a number of measures to strengthen the sector, including capital injections, enhanced oversight, and expanded regulatory authorities. In , the NBK initiated an asset quality review AQR of 14 major banks jointly holding 87 percent of banking assets as of April 1, According to NBK officials, the AQR showed sufficient capitalization on average across the 14 banks and set out individual corrective measure plans for each of the banks to improve risk management.
As of March , the ratio of non-performing loans to banking assets was 8. As of May , Basel III methodology applies to capital and liquidity calculation with required regulatory ratios gradually changing to match the standard. Currently foreign banks are allowed to operate in the country only through their local subsidiaries.
There are no restrictions or limitations placed on foreign investors in converting, transferring, or repatriating funds associated with an investment e. Funds associated with any form of investment may be freely converted into any world currency, though local markets may be limited to major world currencies.
As of July , foreign company branches are treated as residents, except for branches of foreign banks and insurance companies or non-financial organizations treated as non-residents based on previously made special agreements with Kazakhstan.
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With some exceptions, foreign currency transactions between residents are forbidden. There are no restrictions on foreign currency operations between residents and non-residents, unless specified otherwise by local foreign currency legislation. Companies registered with AIFC are not subject to currency and settlement restrictions. Kazakhstan abandoned its currency peg in favor of a free-floating exchange rate and inflation-targeting monetary regime in August , although the National Bank admits to intervening in foreign exchange markets to combat excess volatility.
Kazakhstan maintains sufficient international reserves according to the IMF. The U. Mission in Kazakhstan is not aware of any concerns about remittance policies or the availability of foreign exchange conversion for the remittance of profits.
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Local currency legislation permits non-residents to freely receive and transfer dividends, interest and other income on deposits, securities, loans, and other currency transactions with residents. There are no time limitations on remittances; and timelines to remit investment returns depend on internal procedures of the servicing bank. Residents seeking to transfer property or money to a non-resident in excess of USD , are required to register the contract with the NBK. Information about external asset managers and assets they manage is confidential.
The government receives regular transfers from the National Fund for general state budget support, as well as special purpose transfers ordered by the President.
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In , President Tokayev introduced a moratorium on establishing new parastatal companies that will be effective until the end of Despite these positive developments, the share of SOEs in the economy is still large. The preferential status of parastatal companies remains unchanged; parastatals enjoy greater access to subsidies and government support. At the end of , SK had subsidiaries and employed around , people. To follow this new strategy, early in , SK removed the Prime Minister from the Board and elected four independent directors, one of which became the Chairman of the Board. SK Portfolio companies are required to have corporate governance standards and independent boards.
January 31, Astana time. On this occasion, we would like to praise journalists for their important work, and for their commitment and bravery each day to inform their fellow citizens. Through our continuing Strategic The parliamentary decision took only three months and the process of debating the bill was disturbingly non-transparent. In the early years of independence, a progressive sense of politics in Kazakhstan was shared by pro-democracy activists and the ex-communist elite that effectively retained power, as well as by the population in general. The Central Reference Laboratory and the Scientific and Practical Center for Sanitary and Epidemiological Expertise and Monitoring will use the received items to obtain high quality samples and increase
Despite these moves, the government maintains significant influence in SK. SK has special rights not afforded to other companies, such as the ability to conclude large transactions among members of its holding companies without public notification. SK has the pre-emptive right to buy strategic facilities and bankrupt assets, and is exempt from government procurement procedures. Critically, the government can transfer state-owned property to SK, easing the transfer of state property to private owners.
In addition to SK, the government created the national managing holding company Baiterek in to provide financial and investment support to non-extractive industries, drive economic diversification, and improve corporate governance in government subsidiaries.
Unlike SK, the Prime Minister remains the Chairman of the Board, assisted by several cabinet ministers and independent directors. In , Baiterek had USD Officially, private enterprises compete with public enterprises under the same terms and conditions. In some cases, SOEs enjoy better access to natural resources, credit, and licenses than private entities. In its Investment Review, the OECD recommended Kazakhstani authorities identify new ways to ensure that all corporate governance standards applicable to private companies apply to SOEs.
Samruk-Kazyna adopted a new Corporate Governance Code in The Code, which applies to all SK subsidiaries, specified the role of the government as ultimate shareholder, underlined the role of the Board of directors and risk management, and called for transparency and accountability. By law and in practice, foreign investors may participate in privatization projects. The public bidding process is established in law. As of April , out of organizations planned for privatization have been sold for The government sells small, state-owned and municipal enterprises through electronic auctions.
Entrepreneurs, the government, and non-governmental organizations are aware of the expectations of responsible business conduct RBC. A legal framework for RBC was introduced in The Entrepreneurial Code has a special section on social responsibility, which is defined as a voluntary contribution for the development of social, environmental, and other spheres.
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The Code says that the state creates conditions for RBC but specifies that it cannot force entrepreneurs to perform socially responsible actions. The Code considers donations to charity one of the key forms of social responsibility and envisions a tax deduction for charitable giving, though no such rule exists.
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The non-binding document covers human rights, environmental protection, consumer interests, RBC, corporate governance, and community development. First President Nazarbayev has repeatedly asked foreign investors and local businesses to implement corporate social responsibility CSR projects, to provide occupational safety, pay salaries on time, and invest in human capital. The president presents annual awards for achievements in CSR. Foreign investors report that local government officials regularly pressure them to provide social investments to achieve local political objectives.
Local officials attempt to exert as much control as possible over the selection and allocation of funding for such projects. Kazakhstan produces EITI reports disclosing revenues from the extraction of its natural resources. Companies disclose what they pay in taxes and other payments, and the government discloses revenue received; these two sets of figures are then compared and reconciled. Starting in , members of EITI, including Kazakhstan, are required to disclose subsoil use contracts, signed after January 1, In June , the Ministry of Industry and Infrastructure Development disclosed for the first time beneficial ownership data on its website.
The data include names of beneficial owners and their level of ownership under new licenses only. According to the report, corruption remains a serious challenge for Kazakhstan, amplified by the instability of the economy. In its March report on the fourth round of monitoring under the Istanbul Action Plan, OECD stated a lack of progress on 9 of 29 recommendations, including: implementation of a holistic anti-corruption policy in the private sector, ensuring independence of the anti-corruption agency, detailed integrity rules for political officials, independence of the judiciary and judges, mandatory anti-corruption screening of all draft laws, bringing the Law on Access to Information in line with international standards, effective and dissuasive liability of legal entities for corruption crimes; and ensuring the effectiveness of investigative and prosecutorial practices to combat corruption crimes.
The Anti-Corruption Strategy focuses on measures to prevent the conditions that foster corruption, rather than fighting the consequences of corruption. The Criminal Code imposes tough criminal liability and punishment for corruption, eliminates suspension of sentences for corruption-related crimes, and introduces a lifetime ban on employment in the civil service with mandatory forfeiture of title, rank, grade and state awards. The Law on Countering Corruption introduces broader definitions of corruption and risks, anticorruption monitoring and analysis, and stronger financial accountability measures.
The Law on Government Procurement prohibits companies, the managers of which are directly related to decision makers of contracting government agencies, from participation in tenders. The Law on Countering Corruption states that private companies should undertake measures to prevent corruption, while business associations can develop codes of conduct for specific industries.
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The Agency for Countering Corruption presents its report on countering corruption annually. Kazakhstan ratified the UN Convention against Corruption in The government and local business entities are aware of the legal restrictions placed on business abroad, such as the Foreign Corrupt Practices Act and the UK Bribery Act. Despite provisions in laws, however, corruption allegations are noted in nearly all sectors, including extractive industries, infrastructure projects, state procurements, and the banking sector. Transparency International Kazakhstan conducted a survey in to assess the corruption perception of 1, representatives of small businesses and individual entrepreneurs.
A total of The legal framework controlling corruption has been eased and loopholes exist. The largest loophole surrounds the first president and his family. The Law on the First President of the Republic of Kazakhstan—Leader of the Nation establishes blanket immunity for First President Nazarbayev and members of his family from arrest, detention, search or interrogation. Journalists and advocates for fiscal transparency are reported to have faced frequent harassment, administrative pressure, and there are reports of disappearances and unaccounted deaths.