Issuance of a permit for the transfer of the right to use the subsurface (share in the right to use the subsurface) arising under a contract for the use of the subsurface, an exploration license or a license for the extraction of solid minerals, as well as the transfer of objects related to the right to use the subsurface

Documents required for submission to service provider:

An application for a permit should contain the following:

1. Information about a person (organization) who intends to acquire the right to use the subsurface (a share in the right to use the subsurface) and (or) objects related to the right to use the subsurface:

• for individuals – surname, name and patronymic (if any) of the acquirer, place of residence, citizenship, information about identity documents);
• for legal entities – the name of the acquirer, its location, an indication of its nationality, information about state registration as a legal entity, information about managers and their powers, information about individuals, organizations and states that have the ability to directly or indirectly determine the decisions taken by an applicant.

2. An indication of the right of subsurface use that has been acquired (a share in the right of subsurface use) and (or) the objects associated with the right of subsurface use;
3. The basis for the transfer of the right to use the subsurface (shares in the right to use the subsurface) and/or objects related to the right to use the subsurface;
4. Information on the financial and technical capabilities of a person who intends to acquire the right to use the subsurface (a share in the right to use the subsurface) for operations on exploration and (or) production of hydrocarbons, uranium extraction, confirming its compliance with the requirements of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", required when granting the right to use the subsurface (not required when transferring objects related to the right to use the subsurface);
5. Confirmation by the applicant that all the information about him/her given in the application and in the documents attached to it is reliable;
6. Surname, name and patronymic (if any) of a person who has signed an application on behalf of the applicant, details of an identity document.

Documents required for submission to service provider:

An application for a permit should contain the following:

1. Information about a person (organization) who intends to acquire the right to use the subsurface (a share in the right to use the subsurface) and (or) objects related to the right to use the subsurface:

• for individuals – surname, name and patronymic (if any) of the acquirer, place of residence, citizenship, information about identity documents);
• for legal entities – the name of the acquirer, its location, an indication of its nationality, information about state registration as a legal entity, information about managers and their powers, information about individuals, organizations and states that have the ability to directly or indirectly determine the decisions taken by an applicant.

2. An indication of the right of subsurface use that has been acquired (a share in the right of subsurface use) and (or) the objects associated with the right of subsurface use;
3. The basis for the transfer of the right to use the subsurface (shares in the right to use the subsurface) and/or objects related to the right to use the subsurface;
4. Information on the financial and technical capabilities of a person who intends to acquire the right to use the subsurface (a share in the right to use the subsurface) for operations on exploration and (or) production of hydrocarbons, uranium extraction, confirming its compliance with the requirements of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", required when granting the right to use the subsurface (not required when transferring objects related to the right to use the subsurface);
5. Confirmation by the applicant that all the information about him/her given in the application and in the documents attached to it is reliable;
6. Surname, name and patronymic (if any) of a person who has signed an application on behalf of the applicant, details of an identity document.

The service provider rejects to issue a license if one of the following grounds exists:
1) the service recipient has not authorized his consent provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On Personal Data and Their Protection", to access sensitive personal data required to provide the public service.
2) if the transfer of the subsoil use right (share in the subsoil use right) and (or) objects related to the subsoil use right will imply the non-compliance with the requirements for ensuring the national security of the country, including the concentration of subsoil use rights;
3) if the transfer of the subsoil use right (share in the subsoil use right) and (or) objects related to the subsoil use right will imply the concentration of rights under the subsoil use contract;
4) if an application for a permit does not meet the requirements of the Code;
5) if the transfer of the subsoil use right (share in the subsoil use right) and (or) objects related to the subsoil use right is prohibited by the Code;
6) if the transfer of the subsoil use right (share in the subsoil use right) is carried out on a subsoil plot on which the subsoil user is prohibited from carrying out subsoil use operations or certain work types in accordance with the imposed administrative penalty;
7) the exercise by the state of the priority right;
8) if the transfer of the subsoil use right (share in the subsoil use right) and (or) objects related to the subsoil use right does not comply with the provisions of international agreements concluded by the Republic of Kazakhstan;
9) the set of the unreliability of the documents submitted by the service recipient to receive the public service, and (or) data (information) contained therein;
10) the non-compliance of the service recipient and (or) submitted materials, objects, data and information necessary for the public service provision with the requirements established by the regulatory legal acts of the Republic of Kazakhstan in the field of subsoil use;
11) a negative response from the authority to the enquiry for “no objection” required to provide the public service, as well as a negative conclusion from an expert examination, study or inspection;
12) with respect to the service recipient, there is a court decision (sentence) that has entered into legal force prohibiting the activity or individual types of activity that require receiving a certain public service;
13) with respect to the service recipient, there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right associated with receiving the public service.

• appeal;
• initiative of an administrative body or official.

 General requirements for the appeal

The appeal submitted in hard copy or electronic form shall indicate:

• Full name, IIN, postal address of a natural person, BIN of a legal entity;
• name of administrative body, official to whom the appeal is submitted;
• the essence of an appeal;
• date of filing an appeal;
• signature of the applicant or his representative;
• other information provided for by legislation of the Republic of Kazakhstan.

If the administrative procedure is on a paid basis, the applicant must submit a document confirming the payment.

Source: Administrative Procedural Code of Republic of Kazakhstan,
The Law of the RK "On Public services"