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Kazakhstan's Law No. 215-VIII ZRK amends the Entrepreneurial Code (Кодекс Республики Казахстан "Предпринимательский кодекс") and the new Tax Code (enacted simultaneously as Law 214-VIII ZRK) to replace three legacy mechanisms — "priority investment projects" (приоритетные инвестиционные проекты), "special investment projects" (специальные инвестиционные проекты), and "investment-priority project agreements" (соглашения по инвестиционным приоритетным проектам) previously administered by KAZNEX INVEST / Kazakh Invest under Articles 282-289 of the prior Code — with a unified three-tier contractual architecture:
1. Investment Agreement (Инвестиционное соглашение) Full-form contract between the authorized investment body (Kazakh Invest) and a Kazakhstani legal entity implementing an investment project in a priority economic sector. Provides a bespoke package of tax incentives (capped at 10 years), state in-kind grants (land, infrastructure), and the right to employ foreign labor under negotiated terms. Minimum investment thresholds apply per sector; terms are negotiated case-by-case rather than applied from a fixed-rate schedule, resolving the legacy opacity criticism from international investors.
2. Investment Obligations Agreement (Соглашение об инвестиционных обязательствах) Direct contract with the Government of Kazakhstan targeting large and medium-sized producers. Requires capital expenditure of at least 75,000,000 MRP (Minimum Reference Points — approximately USD 200M+ at 2025 rates) over an eight-year period, with 50% committed within the first four years. In exchange, investors receive a 10-year guarantee of tax-legislation stability. Compliance is monitored via annual reporting. Sector counter-undertakings in 14 sectors (agriculture, construction, transportation, healthcare, and others) are defined by Minister of National Economy Order No. 107 of 15 October 2025, with compliance timelines ranging from 7 to 25 years.
3. Simplified Investment Contract (Упрощенный инвестиционный контракт) Streamlined-entry instrument providing non-tax incentives only: state property grants (capped at 30% of total investment amount) and customs duty exemptions. Designed for smaller-scale eligible projects and tourism infrastructure in priority territories. Does not require the sector-commitment and capex-threshold profile of the first two instruments.
Effectiveness-evaluation clause (effective 1 July 2026) Introduces a statutory obligation on the authorized body to analyze the socio-economic impact of granted investment preferences — a first-of-kind clause in Central Asian investment-incentive statutes. Rules governing evaluation methodology are set by Minister of National Economy Order No. 106 of 15 October 2025.
This law closes a persistent criticism of Kazakhstan's investment-incentive architecture: the prior "priority investment project" and "special investment contract" regimes offered limited contractual certainty, opaque preference-allocation criteria, and unclear termination provisions, deterring Western FDI in the critical-minerals and manufacturing sectors that Kazakhstan's post-2024 diversification strategy depends on.
The three-instrument architecture directly operationalises:
only, non-binding — this law is the binding statutory counterpart)
Agreement provides the domestic contractual vehicle for US-aligned critical-minerals JVs)
Investment Agreement structure is the mechanism through which EU OEMs seeking KZ EV-battery and green-hydrogen partnerships obtain contractual stability)
The 75,000,000 MRP Investment Obligations Agreement threshold and 10-year tax-stability guarantee are calibrated for large-scale projects at the scale of Continental AG's auto-components plants, Draexlmaier/Coficab cable-harness facilities, and LEAR Corporation seating-system expansions already active in the Almaty and Shymkent SEZs.
uranium (world's largest producer, ~43% global output), and REE-to-rare-metals portfolio become accessible under a framework with contractual stability comparable to EU-standard investment-protection agreements.
in the region creates a policy precedent that OECD Going-Digital Toolkit and EU State Aid evaluation standards are beginning to penetrate Central Asian regulatory architecture.
Investment Agreement-backed contractual stability for Kazakhstani-side equity contributions, reducing the previously high perceived counterparty risk.
certain Western-investor-accessible frameworks directly reduces China's historical advantage in KZ resource-offtake negotiations (where Chinese SOEs tolerated opaque terms that Western majors rejected).
annually to MRP inflation (MRP adjustments are enacted in the annual budget law).
formally enumerated — the law delegates this to a Government Resolution.
will be formally incorporated into the authorized investment-sector priority list.
mining projects may be eligible for Investment Agreement frameworks alongside the existing subsoil-use license structure.