The 8Th NATIONAL REPORT on Implementation of the Extractive
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The 8th NATIONAL REPORT On Implementation of the Extractive Industries Transparency Initiative in the Republic of Kazakhstan for 2012 The work was performed by UHY SAPA Consulting LLP in accordance with Contract No. 45 dated March 31, 2014 entered into with KazGeoInform Republican Centre of Geological Information Government Institution of the Committee of Geology and Subsoil Use of the Republic of Kazakhstan. 1 TABLE OF CONTENT List of Definitions and Abbreviations 5 Report on the Results of Implementation of the Agreed Procedures 7 I. General Information 10 1.1. Extractive Industries Transparency Initiative 10 1.2. EITI in the Republic of Kazakhstan 10 1.3. Data on Participation of the Companies 11 1.4. Reporting Status on EITI 11 II. APPROACH TO DATA RECONCILIATION 12 2.1 Purpose 12 2.2. Scope of Work 12 2.3. Approach to Data Reconciliation 12 III. EXTRACTIVE INDUSTRIES REVIEW: CONTEXTUAL 16 INFORMATION 3.1. Legal Platform for the Extractive Industries Activity 16 3.2. Fiscal Mode being effective in the Extractive Industries 20 3.3. Review of the Extractive Industries in the Republic of Kazakhstan 24 3.3.1. Oil and Gas Sector 24 3.3.2. Mining Sector 27 3.4. Contribution of the Extractive Industries to the Economy 32 3.5. Information of the State Participation in the Extractive Industries 33 3.6. Governmental Incomes forming by the Extractive Industries 40 3.7. Distribution of Incomes from the Extractive Industries 42 3.8. Volumes of Extraction and Key Areas where Production is concentrated 42 3.9. Export of Products of the Extractive Industries 45 3.10. Oil Transportation 44 3.11. Gas Transportation 48 3.12. Transportation of Products of the Mining Sector 51 3.13. Information on the Process and Register of Licensing and Submission of 52 Licenses 3.14. Information on Beneficial Right 52 3.15. General Information on the Contracts 53 3.16. Information on Production Sharing Agreements 53 3.17. Information on Local Content 54 IV RECONCILIATION OF REPORTING PAYMENTS 58 4.1. Consolidated Report on Essential Tax and Non-Tax Payments/Receipts 58 4.1.1. I. Taxes 60 4.1.2. Special Payments for Subsoil Use 66 4.1.3. Other Mandatory Payments 68 4.1.4. Customs Payments 72 4.2. Payments in Foreign Currency (US Dollars) 75 4.3. Total Taxes and Other Mandatory Payments to the Budget 77 4.3.1. Tax Payments to the Budget from Payers of Oil and Gas Sector 77 2 4.3.2. Tax Payments to the Budget from Payers of Mining Sector 77 4.4. Distribution of Taxes and Other Mandatory Payments to the Budgets 77 4.5. Level and Percent of Unidentified Discrepancies 78 4.6. Consolidated Reports on Payments directed to Development of the Social 79 Sphere and Local Infrastructure 4.7. Consolidated Report on Payments/Receipts in the State Shares in Payers' 80 Ownership for 2012 paid/received in 2013 and Results of their Reconciliation V RECOMMENDATIONS 81 5.1. Recommendations how to improve the form of 'Report on Taxes and 81 Other Mandatory Payments to the Budget" in USSMS IIS 5.2. Unresolved Problems for Effective Implementation of the Initiative and 82 Possible Corrective Measures for Consideration by the NCPC LIST OF TABLES Table 1 List of Payments and Receipts to be reconciled 13 Table 2 Rates of Taxes applicable to Subsoil Users 21 Table 3 Membership of Tengizchevroil LLP 25 Table 4 Membership of NCOC 26 Table 5 Membership of the Kazakh Branch of Karachaganak Petroleum 26 Operating Table 6 Share of the Mining Industry within the Industry Structure of 32 Kazakhstan Table 7 Share of Employees engaged in the Mining Industry 32 Table 8 Number of Employees of the Mining Industry 33 Table 9 Dividends received by the State 35 Table 10 Dividends received by KMG NC JSC 37 Table 11 Dividends received by Kazatomprom NAC JSC 39 Table 12 Receipts to the National Fund of the Republic of Kazakhstan in 41 2012, their Share in the Revenues of the State Budget Table 13 Companies providing with the Main Volume of Oil and Gas 42 Condensate Production Table 14 Production and Use of Gas 43 Table 15 The Main Directions of the Products Export 46 LIST OF FIGURES Figure 1 The Main Fields of Hydrocarbon Resources 24 Figure 2 Ore Mining Map 27 Figure 3 Geological Prospecting and Exploration of KMGEP JSC 31 Figure 4 10 Subsidiaries of Samruk-Kazyna JSC 33 Figure 5 Scheme of the State Participation in the Extractive Industries 34 Figure 6 The Ownership Structure of KMG NC JSC's Subsidiaries 36 Figure 7 The Ownership Structure of Kazatomprom NAC JSC's 38 Subsidiaries Figure 8 Oil and Gas Condensate Production Performance 43 Figure 9 Trunk Pipelines Layout 46 3 Figure 10 CPC Route 47 Figure 11 Gas Transmission Industry Control Scheme 48 Figure 12 Gas Pipeline Layout 51 ATTACHMENTS Attachment 1-5 Consolidated Report on Substantial Tax and Non-Tax 84 Payments/Receipts of Payers of the Oil&Gas and Mining Sectors of the Republic of Kazakhstan for 2012 Attachment 1-6 Consolidated Form of the Report on Substantial Tax and 88 Raw Non-Tax Payments/Receipts in Cash for each Payer of the Hydrocarbons Oil&Gas Sector for 2012 Attachment 1-6 Consolidated Form of the Report on Tax and Non-Tax 93 Solid Minerals Payments/Receipts in Cash for each Payer of the Mining Sector for 2012 Attachment 2-3 Consolidated Report on the Payments/Receipts in the State 97 Shares in Payers' Ownership for 2012 paid/received in 2013 Attachment 3-1 Consolidated Report on the Expenses for Social 99 Development of the Regions and Local Infrastructure for Payers for 2012 Attachment 3-3 Funds allocated to develop the Social Sphere 105 Attachment 3-4 Consolidated Reports on Payments allocated to develop the 110 Social Sphere and Local Infrastructure for 2012 Attachment 4 Funds allocated to train the Specialists 117 Attachment 5 Volume of Production and Export by Types of the Minerals 122 of Oil&Gas and Mining Sector Attachment 6 Data on Transportation 124 Attachment 7 Data on the GDP Shares from the Extractive Industries 132 Attachment 8 Information on the Local Content, Procurement of the 134 Goods, Works and Services in 2012, Subsoil Users of Oil&Gas and Mining Sectors Attachment 9 List of Subsoil Users of Solid Minerals with the Significance 139 Threshold of more than 15 mln. tenge Attachment 10 List of Subsoil Users of Raw Hydrocarbons with the 142 Significance Threshold of more than 30 mln. tenge 4 List of Definitions and Abbreviations EITI Extractive Industries Transparency Initiative BP British Petroleum JSC Joint Stock company KASE Kazakh Stock Exchange LSE London Stock Exchange NCOC North Caspian Operating Company International Consortium LTD Limited Liability Partnership SWOP Operations on Exchange of Assets AGMP Association of Mining and Metallurgical Enterprises JSC Joint Stock Company KMG NC JSC KazMunaiGas National Company JSC KMGEP JSC KazMunaiGas Exploration Production JSC Samruk-Kazyna JSC Samruk-Kazyna National Welfare Fund JSC SSGPO JSC Sokolovsko-Sarbaiskoye Mining and Processing Production Association JSC CNPC-AktobeMunaiGas China National Petroleum Corporation - JSC AktobeMunaiGas JSC APP Aktau Plastics Plant BIN Business Identification Number GDP Gross Domestic Product MPP Mining and Processing Plant MC Mining Company GPE Geological Prospecting and Exploration SI State Institution Fuel and Lubricants Fuel and Lubricants EE Extractive Enterprise USSMS Unified State Subsoil Use Management System USSUMS RoK IIS "The Unified State Subsoil Use Management System of the Republic of Kazakhstan" Integrated Information System EITI Extractive Industries Transparency Initiative Kazatomprom NAC National Atomic Company Kazatomprom JSC BCC Budgetary Classification Code. KIOG Kazakh Institute of Oil & Gas KPO Karachaganak Petroleum Operating B.V. Kazakh Branch CIT Corporate Income Tax CPC Caspian Pipeline Consortium LCC License and Contract Conditions LB Local Budget MINT Ministry of Industry and New Technologies of the Republic of Kazakhstan OTP Oil Trunk Pipeline MEMR Ministry of Energy and Mineral Resources MOG Ministry of Oil and Gas IIC Inter-Institutional Commission MoU Memorandum of Understanding 5 MCI Monthly Calculation Index ISA International Standards on Auditing IFRS International Financial Reporting Standards MPT Mineral Production Tax VAT Value Added Tax R&D Research and Development Aktobe SEC NC Aktobe Social-Entrepreneurship Corporation National Company BOS Bulk-Oil Station Oil Refinery Oil Refinery OPS Oil Pumping Station EPT Excess Profits Tax NCPC National Council of Parties Concerned NF National Fund of the Republic of Kazakhstan PCP Petroleum Chemical Plant NHC National Holding Company FPSA Final Production Sharing Agreement PC Production Company PKOP PetroKazakhstan Oil Products LLP EnergoUgol PD of CD EnergoUgol Production Division of Coal Department of of «ArcelorMittal ArcelorMittal Temirtau Joint Stock Company» Temirtau» JSC RB Republican Budget RoK Republic of Kazakhstan CEC Social-Entrepreneurship Corporation PSA Production Sharing Agreement TAI Total Annual Income USSR Union Of Soviet Socialist Republics USA United States of America TOR Terms of Reference KazKhrom TNC KazKhrom Transnational Company JSC LLP Limited Liability Partnership FS Feasibility Study TCO Tengizchevroil LLP GWS Register of GWS (Goods, Works and Services) UMP Ulba Metallurgical Plant Weighted average exchange rate of tenge in 2012 amounted to 149.1 Tenge per 1 US Dollar www.nationalbank.kz 6 Report on the Results of Implementation of the Agreed Procedures To the EITI Secretariat and members of the National Council of Parties Concerned on implementation of the EITI in the Republic of Kazakhstan: We have reconciled the "Report on Essential Tax and Non-Tax Payments/Receipts" and "Report on Payments/Receipts on Social Significant Goals for Subsoil Users" (whose tax payments are recognized by NCPC as significant) submitted by the Paying Companies of oil and gas and mining sectors according to the requirements of the Terms of Reference (TOR) to prepare the national report on implementation of the Extractive Industries Transparency Initiative (EITI) for 2012 and data of Recipients.