According to the Civil Code of the Republic of Kazakhstan, a person is released from liability if the violation of obligations occurred due to the occurrence of force majeure circumstances (force majeure).
It is necessary to prove that the proper execution of the contract was impossible due to force majeure. The occurrence of force majeure circumstances may be proved by written and other evidence.
The evidence can be the certificate of the Foreign Trade Chamber of Kazakhstan (MIC) on the occurrence of force majeure.
In this connection, obtaining a certificate for Kazakhstani entrepreneurs who are unable to fulfill contractual obligations in connection with the pandemic may be useful.
In this article we will tell you what is necessary to obtain a certificate.
To obtain a certificate, you must submit:
If an enterprise fails to fulfill its obligations due to foreign economic transactions, it is necessary to provide the military-industrial complex with an official document (certificates, letters, notifications, orders, prescriptions, etc.) issued by the Chamber of Commerce and Industry or another authorized organization of the counterparty country (for example: in China - China Council for The Promotion of International Trade).
If necessary, additional documents may be requested by the Foreign Trade Chamber of Kazakhstan to issue an opinion on force majeure (force majeure).
Upon confirmation of the occurrence of force majeure (force majeure) or "Hardship" circumstances, applicants are issued an official conclusion of the Military-industrial complex, issued in the form of a certificate.
The term of consideration and issuance of the certificate by the Military-industrial complex may not exceed 15 (fifteen) working days from the date of submission by the applicant of the full package of documents.
According to the written application of interested persons, the military-industrial complex can, on a paid basis, bear witness to the circumstances of force majeure (force majeure) and the circumstances of "Hardship" that occurred on the territory of other states.
If force majeure occurred outside the Republic of Kazakhstan, it is additionally necessary to submit an official document (certificates, letters, notices, orders, prescriptions, etc.) issued by the relevant authority (organization) of a foreign state in whose territory force majeure circumstances occurred, with the exception of well-known circumstances.
The certificate of the occurrence of force majeure is not an unconditional confirmation of the occurrence of force majeure.
The certificate is issued for each contract (contract, agreement) separately.
The MIC may be provided to the applicant with a duplicate of a previously issued certificate, if there is a written request (application).
The certificate issued is not a legal act granting the right or exempting from liability.
If the counterparty does not agree with the issued certificate, the final decision is made by the court.
The certificate of the occurrence of force majeure is issued to the applicant in sealed form on the official letterhead of the military-industrial complex.
The certificate indicates: the name of the parties to the contract (contract, agreement), its number and date of conclusion, place, time, period during which extraordinary and unavoidable circumstances took place under these conditions, a reference to the original documents issued by the competent authorities fixing and confirming the fact of force majeure circumstances, official correspondence between the parties (if any), etc.
The evidence of the occurrence of force majeure (force majeure) and the circumstances of "Hardship" is carried out by the Military-industrial Complex on a paid basis, on the basis of an agreement concluded with the applicant.
Since October 30, 2020, by order of the Chairman of the Board of the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken", the procedure for witnessing force majeure circumstances for entrepreneurs fulfilling obligations in the field of public procurement, procurement of the quasi-public sector, as well as subsurface use, is carried out on a reimbursable basis.
The cost of services for witnessing force majeure circumstances is:
- legal analysis of documents — 15 MCI;
- witnessing the circumstances of force majeure (force majeure) and the circumstances of "Hardship":
1) if the amount of the overdue obligation is up to 100 000 tenge inclusive - the cost of certification is included in the cost of legal analysis;
2) if the amount of the overdue obligation exceeds 100,000 tenge - 1% of the amount of the overdue (unfulfilled) obligation under the contract (contract), but not more than 850 MCI.
The cost of services is indicated without VAT.
Force majeure circumstances can be divided into force majeure circumstances and "Hardship" circumstances:
1) force majeure includes - extraordinary and unavoidable circumstances that prevent or make it practically impossible to properly fulfill obligations for the occurrence of which the obligated party is not responsible, and the occurrence of which it could not foresee and/or prevent, including, but not limited to:
2) the circumstances of "Hardship" include situations when a significant change in circumstances independent of the will of the parties makes the performance of the contract (contract, agreement) unnecessarily burdensome.
They do not relate to force majeure and the circumstances of "Hardship", the absence of goods, works or services necessary for execution on the market.
The Foreign Trade Chamber of Kazakhstan (a subsidiary of the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken") provides evidence of force majeure circumstances in accordance with the terms of foreign trade transactions and international agreements of the Republic of Kazakhstan (according to the decision of the Board of the National Chamber of Entrepreneurs of the Republic of Kazakhstan "Atameken" dated August 12, 2014 No. 42).
The list of necessary documents for obtaining a force majeure certificate can be obtained by sending an application to one of the following e-mail addresses:
Military industrial complex address: Astana, 010000, Yesil district, Kabanbai Batyr Ave., 19, block C.
Tel.: + 7 7172 27 90 54; 27 90 55; 27 90 56; 27 96.