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JPMorgan - KASE

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‰ preparing and implementing new projects connected with petroleum operations; and<br />

‰ monitoring and controlling the observance of subsoil use contracts jointly with the<br />

relevant competent Government bodies.<br />

Subsoil Use<br />

The Law on Subsoil Use provides that mineral rights in Kazakhstan are owned by the Republic.<br />

The right to explore and produce minerals is granted by the Republic pursuant to a contract with<br />

the relevant investor selected as a result of open or closed tender. A contract may be an<br />

exploration contract or a combined contract for exploration and production. Other forms of<br />

contract may also be permitted depending upon specific operational conditions. Contracts must<br />

include royalty and/or bonus terms, which are negotiated on a project-by-project basis based<br />

upon the particular economic characteristics of the project. A contract is entered into between<br />

the MEMR and the relevant investor and is effective from the time of its registration.<br />

National Fund<br />

Since Kazakhstan’s economy is so dependent on oil revenues, in August 2000, President<br />

Nazarbayev issued Decree No. 402 establishing the National Fund to make the Republic less<br />

vulnerable to changing prices for energy and commodities exports. The National Fund<br />

accumulates State revenues earned from income tax of oil and other producing companies, value<br />

added tax from the sale of Kazakhstan’s hydrocarbons and mineral resources, signing bonuses<br />

and royalties paid by foreign partners in joint ventures.<br />

C-4

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