Kazakhstan Country Report BTI 2016
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Hong Kong's Role in China's Financial Reform
The LEXIS PRACTICE ADVISOR Journal TM WINTER 2015 / 2016 www.lexispracticeadvisor.com Start your free trial today 300+ 11 900+ LEXISNEXIS.COM/FINISH-BIG OR CALL 800.628.3612 ATTORNEY PRACTICE SEARCHABLE AUTHORS AREAS DEAL POINTS Contents WINTER 2015 / 2016 PRACTICE NEWS PRACTICE PROJECTIONS 4 A BRIEFING ON EMERGING ISSUES 35 DUE DILIGENCE IN LIFE SCIENCES IMPACTING TRANSACTIONAL PRACTICE MERGERS & ACQUISITIONS Business & Commercial, Banking & Finance, Labor & Mergers & Acquisitions Employment, Securities & Capital Markets, Real Estate 46 “REGULATION A-PLUS” LIMITED PUBLIC PRACTICE NOTES OFFERINGS UNDER SECURITIES ACT 10 UNDERSTANDING THE NLRB’S SECTION 3(B)(2) POSITIONS ON REGULATING Securities & Capital Markets EMPLOYEES’ SOCIAL MEDIA USAGE Labor & Employment 52 FDA RELEASES FIRST TWO RULES UNDER THE FOOD SAFETY MODERNIZATION ACT 18 CONFIDENTIALITY, NONDISCLOSURE Business & Commercial & SECRECY AGREEMENTS IP & Technology PRACTICE POINTERS 56 DRAFTING AND NEGOTIATING EFFECTIVE PRACTICE TRENDS CLOUD COMPUTING AGREEMENTS 24 CHALLENGES OF TAXING IP & Technology THE SHARING ECONOMY Tax 66 DRAFTING ADVICE: DEVELOPING SOCIAL MEDIA POLICIES 28 CARSHARING GETS EASY Labor & Employment REGULATORY RIDE Business & Commercial JURISDICTIONAL PRACTICE 69 MANAGERS, AGENTS & ATTORNEYS PRACTICE PROFILE California Business & Commercial 31 A VIEW OF ASSET-BASED LENDING GLOBAL PRACTICE WITH DAVID W. MORSE, BANKING & FINANCE CHAIR, OTTERBOURG PC 75 HONG KONG’S ROLE IN CHINA’S FINANCIAL Banking & Finance REFORM - THE ERA OF THE “NEW NORMAL” Banking & Finance -
Kazakhstan: the Art of Balance Between China and Society
Kazakhstan: The Art of Balance between China and Society The trial over the rights activist of ethnic Kazakhs in China has shown that the authorities of Kazakhstan have to swim between Beijing and public opinion for the second time last year. Follow us on LinkedIn On the night of August 16, the trial over Serikzhan Bilash, a head of Atazhurt Yeriktileri (Volunteers of Motherland), was completed in Almaty regarding his assistance to returnees and ethnic Kazakhs in China. For Kazakhstan, this trial based on political charges was held in record time – without even starting. The verdict was also a surprise – penalty less than 300 dollars. The trial over Serikzhan Bilash was an indicator for Akorda of its dependence on the society, just like the trial over a refugee from China – ethnic Kazakh Sairagul Sauytbai. Born in Xingjian-Uighur Autonomous Region (XUAR), ethnic Kazakh Serikzhan Bilash received citizenship of Kazakhstan. When ethnic minorities were persecuted in western China, Bilash and his fellow thinkers created a group, Atazhurt Yeriktileri, to provide assistance to returnees. However, amid increasing pressure on Muslims in China, Bilash increasingly criticised Beijing and, in fact, organised a campaign against the oppression of ethnic Kazakhs in XUAR. The same group did not let the extradition of refugee Sairagul Sauytbai to China and could draw the attention of world media to this situation. On the one hand, the authorities of Kazakhstan finally opened their eyes to what was happening with its powerful neighbour, after which negotiations began to ease the situation of the Kazakh ethnic group in XUAR. On the other hand, it is obvious that Bilash has become too uncomfortable in the relationship between Nur-Sultan and Beijing. -
Foreign Minister Idrissov
Time to ban nuclear weapons testing forever BY ERLAN IDRISSOV, MINISTER FOR FOREIGN AFFAIRS OF KAZAKHSTAN The story of Kazakhstan's independence is intricately linked to the banning of nuclear testing and the renunciation of nuclear weapons. On 29 August 1991, Kazakhstan became the first country in the world to close a nuclear test site on its territory. The decision by President Nursultan Nazarbayev to close the Semipalatinsk nuclear test site where the Soviet Union carried out more than 450 nuclear weapon tests was welcomed by the people of Kazakhstan, and helped lead to the country's declaration of independence on 16 December 1991. OUR CLEAR CHOICE would damage, rather than bring, security It is no surprise that the Kazakh When the Soviet Union collapsed in and prestige. people were so strongly supportive of 1991, Kazakhstan inherited the fourth- the decision to shut the Semipalatinsk largest nuclear arsenal in the world: Since its independence, Kazakhstan site. The tests, which took place between more than 100 ballistic missiles and has been vigorously promoting 1949 and 1989, had the combined more than 1,000 nuclear warheads, the principles and ideals of nuclear explosive power of 2,500 atomic bombs capable of reaching any point on Earth. disarmament and working tirelessly to rid dropped on Hiroshima. The fall-out from What is less well known is that we also the world of the nuclear threat. We are a these tests – of which over 100 were found ourselves, if it had been our wish, founding member of the 2009 Nuclear- above ground – affected 1.5 million with the infrastructure and expertise to Weapon-Free Zone in Central Asia, which people and led to radioactive pollution maintain and deploy this arsenal. -
Earning Astana Yellow Jerseys in a Corporate Governance Race: Engaging External Partners in Communications in Kazakhstan
Earning Astana yellow Jerseys in a Corporate Governance Race: Engaging External Partners in Communications in Kazakhstan What do corporate governance and bicycle racing have in common? Frankly, not much. But the IFC Central Asia Corporate Governance Project team felt like cycling champions after our success in raising awareness about corporate governance in Kazakhstan. The corporate governance “race” in Kazakhstan started in 2006 in Almaty when a team of 11 people got together to launch the project. Just as the Astana cycling team retains its first place in the world ranking, subsequently reinforced by the victory of Alberto Contador in the Tour de France, our project team came out winners in helping corporate governance become an important topic in Kazakhstan. In this SmartLesson we would like to share how the project partnered with international coaches, local experts, and government bodies to promote corporate governance through publications, annual conferences, and seminars for mass media representatives in Kazakhstan. Background competitiveness and sustainability of the national Kazakhstan is located in the heart of the Eurasian economy, relying on corporate governance principles. continent at the crossroads of East and West. Prime Minister Karim Massimov also participated When the project started operations, not many of in a corporate governance awareness conference in the region’s businesspeople knew what corporate February 2007 in the Kazakhstani capital, Astana, governance was. IFC’s communications objective thereby greatly raising the profile of the topic through was to widely spread the word about corporate the accompanying press coverage. In spring 2007, governance, convince policymakers to create a full Senate hearings on the competitiveness of the favorable legislative framework, and—the most economy included invited experts on corporate important task—inspire joint-stock companies and governance. -
The 2Nd Kazakhstan-US Convention
WORKING TOGETHER FOR A SECURE FUTURE The 2nd Ka zakhstan- US Co nven tion 10 December 2 014 l Washington DC e t a t S f o t n e m t r a p e D S U : o t o h P H.E. Erlan Idrissov, Foreign Minister, meets with Hon. John Kerry, Secretary of State, in New York, September 2014 PRODUCED AND SPONSORED BY WORKING TOGETHER FOR A SECURE FUTURE The 2nd Ka zakhstan- US Co nven tion 10 December 2 014 l Washington DC Organized by the Embassy of the Republic of Kazakhstan in the United States with the support of the Council of Turkic American Associations Foreword A STRONG AND RELIABLE PARTNERSHIP His Excellency Erlan Idrissov Minister of Foreign Affairs Republic of Kazakhstan ’m very pleased that the Embassy of situated close to the epicenter of geopolitical Kazakhstan is hosting, to coincide with the tensions, is affected by these forces.” I celebrations of our country’s Independence To make the nation’s economy more Day, the second Kazakhstan-US Convention sustainable and diversified, he appealed on the theme of “Working Together for a to the people of Kazakhstan to “work hard Secure Future.” and unite our efforts on the way to a better This is a particularly good moment future” just as he outlined a major package to discuss the importance of the strategic of infrastructure investment over the next partnership between Kazakhstan and the four years, which, to some extent, can be United States. It is a partnership based compared with Roosevelt’s New Deal in on the regular political dialogue between scope and significance for our economy. -
1St Caspian Ports and Shipping 2019
Follow us on: Caspian Riviera Grand Palace Hotel, Aktau, Kazakhstan Monday 13 to Wednesday 15 May 2019 Hosted By Official Strategic Partner Associate Member Sponsored By • Technical Site Visit • Networking Welcome Reception • International Exhibition • International Conference • 300 Conference Delegates • Networking Welcome Dinner • • Special Offer: Conference Delegate Registration for Shipping Lines; Port Authorities And Terminal Operating Companies Save €500! • • Local Delegates at KZT262,800 • FREE Conference Delegate Registration for Shippers/Beneficial Cargo Owners • KEY SPEAKERS.... PLUS MANY MORE! HIGHLIGHTED TOPICS 1. Abay Turikpenbaev • Observing economic opportunities in transportation and logistics trade. What can be offered Director General, Port of Aktau, Republic of Kazakhstan to attract global investors? 2. Dr. Stephan Dohm Head of Strategic Projects, HHLA International GmbH, Germany • Positioning Constanta as the maritime gateway between the Europe, Asia and beyond 3. Alkan Alicik Managing Director, MSC Georgia LLC, Georgia • One Belt – One Road. Redefining port operations in improving regional trade 4. Joerg Bollensdorf • Encouraging investments and improving collaborations for efficacious infrastructure development projects Sales Manager, Liebherr-MCCtec Rostock GmbH, Germany • Improving regional trade and linking the Black Sea, Caspian Sea, Europe and Central Asia countries 5. Darius Macijauskas PhD, Sales Manager, ArcelorMittal, Luxembourg • Developments in supply chain transportation through rail, sea and road. New approaches in 6. Shyngys Tuleushin strengthening cargo transportation Director General, Khorgos Gateway, Republic of Kazakhstan 7. Manfred Seitz • Shaping Next-Gen Ports in creating business competitiveness, expanding trade, managing risks General Manager, Pro Danube Management GmbH, Austria and improving existing economic footprint 8. Oguz Tumis Port Director, Samsunport, Turkey • The pivotal role of the Black Sea in transforming its supply chain to improve regional economy For more Information or to Register Tel. -
The Meeting of the National Dialogue on Water Policy Working Group in the Republic of Kazakhstan AGENDA
The meeting of the National Dialogue on Water Policy Working Group in the Republic of Kazakhstan 14 June 2019, «Park Inn» hotel, Nur-Sultan AGENDA 8:45 – 09:30 Welcoming coffee 09:00 – 09:30 Registration Opening 09:30 – 09:45 Welcome speeches: • Yerlan Nyssanbayev, Vice-Minister of Agriculture of the Republic of Kazakhstan • Johannes Stenbaek Madsen, Head of Cooperation EU Delegation to Kazakhstan • Talaibek Makeev, Economic Affairs Officer, Environment Division, UNECE Session 1. Development of cooperation of Kazakhstan with neighboring states on transboundary waters Moderator: Nurlan Atshabarov, President of Association of Water Enterprises and Organizations of Kazakhstan 09:45 – 11:00 Experience of joint transboundary groundwater management, Representative of UNESCO About the cooperation of Kazakhstan and Uzbekistan in the deVelopment of a model for joint management of transboundary groundwater reserVoirs, Aitmurat Issayev, Head of Department of Hydrogeology and Engineering Geology, Committee of Geology and Subsoil Use, Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan About the actiVities of the International Water Assessment Centre on the issues of the Dam Safety in Central Asia, Serik Akhmetov Director of IWAC About ensuring the safety of hydraulic structures of Kazakhstan, Marat Imanaliev, Head of Department of State Control in the Use and Protection of Water Fund, CWR Ministry of Agriculture of the Republic of Kazakhstan Questions and answers, discussion of issues of cooperation of Kazakhstan with -
Kazakhstan by Russia in the 18Th and 19Th Centuries
July 8, 2015 Kazakhstan by Russia in the 18th and 19th centuries. Throughout the 20th century, it was a major source of agricultural and energy commodities for the Soviet Union. In contrast to other countries’ post-Soviet periods, Kazakhstan’s transition was entirely peaceful. The country’s leadership received praise at the time, including from the United States, for renouncing nuclear weapons and permitting the removal of Kazakhstan’s large former Soviet nuclear stockpile. The contemporary period has seen some market reforms, development of the energy sector, and diversification of the economy as a whole. However, democratic reforms have not generally been implemented, despite years of promises by political leaders. Corruption continues to be a chronic problem throughout government and the private sector. Notes: Graphic created by CRS. Map boundaries and information Political Freedom: The Organization for Security and generated by Hannah Fischer using Department of State Boundaries Cooperation in Europe (OSCE) stated that in the April 2015 (2011); Esri (2014); DeLorme (2014). presidential elections, in which president Nazarbayev won Political Background 97.7% of the vote, voters “were not offered a genuine choice between political alternatives.” The OSCE added that “serious procedural deficiencies and irregularities were Government: Kazakhstan has a hybrid presidential- observed throughout the voting, counting and tabulation parliamentary system, with a two chamber legislature, the processes, including indications of ballot box stuffing.... Mazhilis. The first (and so far only) president, Nursultan Nazarbayev, was the Communist Party leader of Kazakh Transparency of the process was limited.” The president’s party, Nur Otan (“Light of the Fatherland”) won 81% of the SSR, the region that became Kazakhstan after the Soviet 2012 parliamentary vote, with two smaller parties gaining a collapse. -
Geopolitical Rivalry, Terrorism Among Threats Facing Eurasia, Nazarbayev
-2° / -3°C WEDNESDAY, NOVEMBER 21, 2018 No 22 (160) www.astanatimes.com Geopolitical rivalry, terrorism President opens AIX’s among threats facing Eurasia, first trading session Nazarbayev tells Astana Club See story on Page A4. GDP grows 4.1 percent not witnessed such a confrontation Economic contradictions, in Nazarbayev said some parts of By Assel Satubaldina in 10 months of 2018 for quite a long time. The so-called what is known as trade wars, are the Greater Eurasia may turn into post-bipolar world order becomes on the rise with an increasing the scene of large-scale military solid growth with an eight-month ASTANA – Astana Club, a a thing of the past. We witness the threat posed to global economies. confrontation and the Middle East, By Zhanna Shayakhmetova increase of 21.6 percent. Exports platform to debate public issues formation of Greater Eurasia,” “One of such wars is unfolding where instability is caused by the increased by 28.2 percent due to based on Chatham House rules, said Nazarbayev. between the U.S. and China, to- Syrian crisis, political tensions in ASTANA – Kazakhstan’s gross the increased supply of oil and kicked off its fourth annual meet- Escalating the geopolitical ri- gether accounting for the third of Iraq, civil war in Libya and inter- domestic product (GDP) grew 4.1 natural gas, agricultural products, ing Nov. 12. The meeting focused valry between China, Russia and the world’s economy, 20 percent nal challenges, is among such re- percent in a ten-month period, re- aluminium and copper ores. -
Erlan Idrissov, Chairman of the Kazakhstan
+21°C / +9°C WEDNESDAY, JULY 16, 2014 No 13 (56) www.astanatimes.com National museum of Kazakhstan opens With Government presidential Speech, international Visitors Approves General Gasification Scheme By Kulpash Konyrova duced gas – 25 billion cubic me- tres – will be used for re-injection ASTANA – “The Kazakh govern- to maintain the necessary pressure ment has approved a general scheme to extract oil from oil reservoirs, for the gasification of the country. the minister said, which is why pro- This policy document defines eco- duction volumes of usable gas will nomically sound strategic directions reach 21 billion cubic metres per to ensure reliable gas supply to con- year by 2030. sumers,” Minister of Oil and Gas “According to the forecast, in Uzakbai Karabalin said on June 24. 2030, the largest consumers of com- The new plan is intended to in- mercial gas will be industrial en- The National Museum of Kazakhstan crease gas production, consump- terprises and enterprises in the fuel Temporary exhibits of archival pho- tion and transportation, including and energy complex, [at] 31 and 40 tos and felt clothing were also among through building new pipelines, percent, respectively. Many of these the exhibitions on opening day. over the next 15 years. companies are included in the State As for the museum itself, Simp- Over the past 20 years, oil produc- Programme of Accelerated Indus- son said, “It’s very dramatic. It’s tion in Kazakhstan has more than tri- trial and Innovative Development monumental. It’s right in the mid- pled and gas production has grown (SPAIID),” said Karabalin. -
Thesis Approval Form Nazarbayev University School of Sciences and Humanities
THESIS APPROVAL FORM NAZARBAYEV UNIVERSITY SCHOOL OF SCIENCES AND HUMANITIES NATION BRANDING: AN INSTRUMENT OF SOFT POWER OR NATION-BUILDING? THE CASE OF KAZAKHSTAN ҰЛТТЫҚ БРЕНДИНГ: ЖҰМСАҚ ҚУАТ НЕ ҰЛТ-ҚҰРЫЛЫС ҚҰРЫЛҒЫСЫ? ҚАЗАҚСТАН ҮЛГІСІ НАЦИОНАЛЬНЫЙ БРЕНДИНГ: ИНСТРУМЕНТ МЯГКОЙ СИЛЫ ИЛИ НАЦИОНАЛЬНОЕ СТРОИТЕЛЬСТВО? ПРИМЕР КАЗАХСТАНА BY Leila Ramankulova APPROVED BY DR. Neil Collins ON 3rd May of 2020 _________________________________________ Signature of Principal Thesis Adviser In Agreement with Thesis Advisory Committee Second Reader: Dr. Spencer L Willardson External Reviewer: Dr. Phil Harris NATION BRANDING: AN INSTRUMENT OF SOFT POWER OR NATION-BUILDING? THE CASE OF KAZAKHSTAN ҰЛТТЫҚ БРЕНДИНГ: ЖҰМСАҚ ҚУАТ НЕ ҰЛТ-ҚҰРЫЛЫС ҚҰРЫЛҒЫСЫ? ҚАЗАҚСТАН ҮЛГІСІ НАЦИОНАЛЬНЫЙ БРЕНДИНГ: ИНСТРУМЕНТ МЯГКОЙ СИЛЫ ИЛИ НАЦИОНАЛЬНОЕ СТРОИТЕЛЬСТВО? ПРИМЕР КАЗАХСТАНА by Leila Ramankulova A thesis submitted in partial fulfilment of the requirements for the degree of Master of Arts in Political Science and International Relations at NAZARBAYEV UNIVERSITY - SCHOOL OF HUMANITIES AND SOCIAL SCIENCE 2020 © 2020 LEILA RAMANKULOVA All Rights Reserved NATION BRANDING: AN INSTRUMENT OF SOFT POWER OR NATION-BUILDING? THE CASE OF KAZAKHSTAN ҰЛТТЫҚ БРЕНДИНГ: ЖҰМСАҚ ҚУАТ НЕ ҰЛТ-ҚҰРЫЛЫС ҚҰРЫЛҒЫСЫ? ҚАЗАҚСТАН ҮЛГІСІ НАЦИОНАЛЬНЫЙ БРЕНДИНГ: ИНСТРУМЕНТ МЯГКОЙ СИЛЫ ИЛИ НАЦИОНАЛЬНОЕ СТРОИТЕЛЬСТВО? ПРИМЕР КАЗАХСТАНА by Leila Ramankulova Principal Adviser: Dr. Neil Collins Second Reader: Dr. Spencer L Willardson External Reviewer: Dr. Phil Harris Electronic Version Approved: Dr. Caress Schenk Director of the MA Program in Political Science and International Relations School of Humanities and Social Sciences Nazarbayev University May 2020 v Abstract Nation branding is a process by which countries seek to create an attractive image and manipulate its external perception. The process of branding a nation involves a broad array of activities from an advertisement on TV and journals to much more extensive public diplomacy initiatives. -
Kazakh, Kyrgyz Presidents Discuss Bilateral Relations
+10°C / +5°C WEDNESDAY, APRIL 9, 2014 No 7 (50) www.astanatimes.com Kazakh, Kyrgyz Presidents In Astana, Top U.S. Discuss Bilateral Relations Diplomat Reaffirms Importance of Strategic Partnership By Arsen Kulmanbetov oil and gas. More than 300 joint ventures in key economic sec- ASTANA – A top U.S. diplomat tors work in Kazakhstan. In 2013, began her three day tour of Ka- trade between Kazakhstan and the zakhstan and Kyrgyzstan on April United States totaled $2.75 billion, 1 with top-level meetings in the 9 percent more than in 2012. Kazakh capital and a lecture at a Biswal and Idrissov also ex- university bringing the overriding changed views on international message of a far away nation being and regional security, affairs in- committed to further strengthen- cluding the situation in and around ing bilateral ties and promoting re- Afghanistan and Ukraine. gional cooperation in Central Asia. While in Astana, Biswal also met Soon after her arrival in Astana, Prosecutor General Askhat Daul- Nisha Biswal, U.S. Assistant Sec- bayev to discuss cooperation in the retary of State for South and Cen- legal sphere. She also met other tral Asian Affairs, met with For- senior officials in the presidential office and in the government. eign Minister Erlan Idrissov and In her lecture to students of the discussed implementing the results Lev Gumilyov Eurasian National of talks between U.S. President University, the U.S. diplomat fo- Barack Obama and President Nur- cused on promoting security, pros- sultan Nazarbayev that took place perity and connectivity in the Cen- in The Hague on March 25.