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#BusinessAmidStateOfEmergency

Dear entrepreneurs,

Our task in the State of Emergency regime is to consolidate initiatives and proposals that will address the issues of business survival.

We provide answers to frequently asked questions of entrepreneurs.

The relevance of answers to questions may change due to changes in the situation.

We are in daily contact with government agencies, working groups that initiate appropriate regulations containing measures to support business in the coronavirus crisis.

If you have any questions, complaints about business protection, please write WhatsApp +7 778 870 1432 (messages only) or contact Atameken’s Call Center 1432.

In the event of a worsening situation during Quarantine measures against the spread of novel coronavirus, the bank provides Individual Entrepreneurs, SMEs:

- Cancellation of penalties and late payment interest caused to borrowers as a result of restrictions in case of emergency.

- Individual consideration of the possibility of granting a grace period of up to 90 days and to revise the debt repayment schedule.

The border with Russia is closed, they are engaged in cargo transportation. What documents are required to confirm that the State of Emergency has been declared?        

Leave your contact details, please. At the moment, Atameken lawyers are working in resolving the issues of cargoes that have risen at the border with Russia. Contact Atameken’s Call Center 1432, or write a message to WhatsApp +7 778 870 1432 (messages only); (Actual as of 17.03)

 

In connection with the State of Emergency regime, a transport company asks for information, whether the transport from Russia be allowed to cross the border?      

Leave your contact details, please. At the moment Atameken lawyers are working on resolving the issues of cargoes that have risen at the border with Russia. Contact Atameken’s Call Center 1432, or write a message to WhatsApp +7 778 870 1432 (messages only); (Actual as of 17.03)

 

What to do if the paid and ordered goods of Kazakh entrepreneurs are still stuck in Russia and Belarus?    

Please leave your contact details. At the moment the Atameken lawyers are working on in resolving the issues of cargoes that have stuck at the border with Russia. Contact Atameken’s Call Center 1432, or write a message to WhatsApp +7 778 870 1432 (messages only); (Actual as of 17.03)

 

Is it possible to open the border for cargo transportation, to support all commodity manufacturers (financially, do not close the border, provide with low interest loans for a long time)?       

State bodies are proposing:

1) to exempt certain categories of taxpayers (IE and legal entities) from property tax;

2) to exempt from land tax on agricultural land of agricultural producers;

3) Exemption of IEs from Individual income taxes applying the general regime;

4) Exemption of taxpayers from VAT on imports of cattle and pedigree clumps;

5) Transfer of tax reporting period from the Q2 to the Q3 of 2020;

6) for certain categories of taxpayers suspension of accrual of penalties for unfulfilled tax liabilities until August 15, 2020;

7) Atameken is considering additional proposals on tax breaks for business.

Banks will individually consider the possibility of granting a grace period for up to 90 days and review the schedule of debt repayment for individual entrepreneurs and small and medium businesses, whose financial condition has deteriorated due to the introduction of restrictions related to the State of Emergency in Kazakhstan. The banks will consider the borrowers' online appeals directed to the resource or channel indicated by the banks (e-mail, online system "bank-client", internet resource of the bank). Information on the dedicated channel for each bank will be posted on its Internet resource. During the application review process, the bank will request the necessary supporting documents and will inform the borrower about the results of the review. Please contact your credit manager to discuss and arrange a delay (Actual as of 18.03).

Did the Akims of all districts, and regions issue an order to monitor the prices of food and medicine, namely the order on prohibiting the increase of prices?         

"Yes, there was such an order. According to akorda.kz, President of Kazakhstan Kassym-Jomart Tokayev signed a decree "On further measures to stabilise the economy". In accordance with the decree, the government of Kazakhstan received the right: 1) to establish maximum tariffs and prices for food and other goods necessary for uninterrupted life support of the population and the economy of Kazakhstan; 2) to determine the procedure for import and export of goods necessary for uninterrupted life support of the population and the economy of Kazakhstan".

Is it possible to operate a beauty salon as usual if there is no help with renting?   

The State of Emergency regime assumes a ban on the operation of objects with mass crowds of people. The local authorities should issue a special order by type of activity. It is known that there were no orders for small beauty salons. But it is better to be in touch, because there may be changes in the orders. The priority of the State of Emergency regime is to prevent the spread of coronavirus. In cities, closed for quarantine, the orders are exceptional and mandatory. (Actual as of 17.03)

 

Can bars, clubs, restaurants work due to the State of Emergency? Should the number of people be limited?     

The number of people in one place is limited to up to 50 people.  The local authority should issue a special order for different types of business. But it is better to be in touch, because with a change of position, there may be changes in the orders. The priority of the State of Emergency regime is to prevent the spread of coronavirus. In cities, closed for quarantine, the orders are exceptional and mandatory. (Actual as of 17.03)

 

Are there any restrictions on the number of people in canteens, beauty salons, computer clubs?

There is a limit of up to 50 people available. The local authority should issue a special order for different types of business. But it is better to be in touch, because with a change of position, there may be changes in the orders. The priority of the State of Emergency regime is to prevent the spread of coronavirus. In cities, closed for quarantine, the orders are exceptional and mandatory. (Actual as of 17.03)

 

What action should be taken if an inspector comes in and notifies the closure of the organization without having any supporting documentation and orders?    

Leave your contact details and describe your situation.  Contact the Atameken’ Call Center 1432, or write a message to WhatsApp +7 778 870 1432 ( messages only); 

President Kassym Jomart Tokaev noted in his speech, even the State of Emergency regime is declared, the Government will increase financing of SMEs under the Economy of Simple Things programme? 

"Yes, according to the program, the Economy of Simple Things is changing: expanding the list of goods under the Economy of Simple Things; increasing funding by KZT 85 billion; removal of industry restrictions in the Business Roadmap-2025. For more details, please, contact experts. If you are an active entrepreneur, use the services of Atameken - get advice, leave an application on the website Atameken service.

 

 Is it true that the Government will allocate at least KZT 300 billion to support domestic entrepreneurs and create new jobs?  

Yes, that's true. KZT 300 billion will be allocated for the implementation of the Roadmap for Employment, which provides for the repair of infrastructure, social facilities and roads of local importance with the involvement of Kazakh citizens in this work. For more details, please visit the government’s website.

When can the introduction of a state of emergency be considered a force majeure (a force majeure circumstance) for business?

According to Article 359 of the Civil Code of the RK (Civil Code of the Republic of Kazakhstan), a person who failed to perform or improperly performed an obligation in the course of business activities shall bear property responsibility if he or she fails to prove that proper performance was impossible due to force majeure, i.e. extraordinary and unavoidable circumstances (natural phenomena, military operations, etc.). Such circumstances do not include, in particular, the absence on the market of goods, works or services required for performance.

It is also important that the debtor is found not guilty if he proves that he has taken all measures in his power to properly perform the obligation.

Emergency means that it is impossible for the person who has breached the obligation to foresee the occurrence of such circumstances; while unavoidability means that the circumstances and their consequences cannot be excluded, prevented, avoided or overcome. It follows that a circumstance that has become extraordinary and unavoidable for one person is not necessarily for another.

However, the following factors are fundamental to the establishment and determination of force majeure:

1. The presence of a breach of obligation at the time of the appeal, i.e. the breach must take place as a fact.  A certificate cannot be issued when the obligation has not yet been formally breached or is only foreseen. In the latter case, entrepreneurs are recommended to notify their counterparties of the alleged or probable breach (disruption of delivery, completion of work or provision of services);

2. The presence of a direct causal link between a person's failure to perform (breach) an obligation and the circumstances to which the person refers.

Read more: How to get a force majeure certificate free of charge

Documents required to obtain a Force Majeure Certificate:

Written application with a detailed description of the situation (contract details, its conditions or obligations, which entail sanctions, circumstances and consequences that cause violation). 

Attach the following documents to the application:

- a written statement with the appendix

    for legal entities it is a certificate of registration/registration;

    for individual entrepreneurs - a certificate of registration as an individual entrepreneur;

- scan of the contract, specifications, annexes, additional agreements to the contract;

- scan of documents issued by competent authorities on the territory of the Republic of Kazakhstan and confirming impossibility to fulfill contractual obligations (acts of state authorities, including local representative and executive authorities (public act) except for well-known circumstances.

Additional documents and information may be requested on a routine basis.

In case of force majeure occurred outside the Republic of Kazakhstan, it is additionally necessary:

- an official document (certificates, letters, notices, orders, instructions, etc.) issued by the relevant body (organization) of the state in whose territory force majeure (force majeure) or "Hardship" circumstances occurred, except for the well-known circumstances.

Read more: How to get a force majeure certificate free of charge

Where can we obtain the relevant certificate (certificate of recognition of force majeure):

You can get Force Majeure Certificate in the Chamber of International Commerce of Kazakhstan.

Phone  + 7 7172 27 90 54; 27 90 55; 27 90 56; 27 96;

During the State of Emergency, the Chamber of International Commerce of Kazakhstan issues certificates of force majeure free of charge.

The Chamber of International Commerce of Kazakhstan is working in an accelerated regime - the number of specialists has been increased to reduce the time of certificate issuance from 15 to 5 working days with a package of necessary documents.

The rest of the Chamber's employees have joined in advising entrepreneurs on the execution of force majeure. You can contact Atameken’s Call Center 1432 from 9:00 to 22:00.

 

You can write a message to WhatsApp of the employees of the Chamber of International Commerce of Kazakhstan, which is working in an accelerated regime to provide advice to all entrepreneurs.

Please write and call during working hours - from 9.00 to 20.00.

8-707-490-32-29; 8-747-793-32-53; 8-776-993-95-82; 8-700-299-29-42;

8-778-185-24-64; 8-707-705-82-02; 8-701-733-89-24; 8-747-470-49-25;

8-776-425-23-63; 8-775-530-16-94; 8-777-499-49-92; 8-776-637-68-67;

8-778-867-32-69; 8-707-909-01-52; 8-705-852-25-05; 8-776-021-08-04;

8-777-325-77-17; 8-778-563-83-95; 8-708-682-72-45; 8-778-758-07-91;

Email: info.icc.kz@gmail.com.

Read more: How to get a force majeure certificate free of charge

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