Annex A. Kazakhstan’s exceptions to national treatment in the meaning of the OECD Declaration on International Investment and Multinational Enterprises

A. Exceptions at national level

I. Investment by established foreign-controlled enterprises

Agricultural land and forests

Foreign natural and legal persons and foreign-established enterprises where the share of foreign equity participation is more than 50% cannot own agricultural land plots. They are entitled to lease agricultural land plots for up to 10 years, while Kazakh legal entities and citizens can lease agricultural land for up to 49 years. Foreign natural and legal persons cannot own forests.

Authority: Land Code of Kazakhstan of 20 June 2003 (Articles 23, 24 and 37).

Telecommunications services

In order to directly or indirectly own, use, dispose of or manage an aggregate of more than 49% of the voting shares in a legal entity supplying long-distance and international telecommunications services and owning terrestrial communications lines (cable, including optical fibre and radio relay), foreign investors must obtain a special approval from the Government. This approval is based on recommendations from the Ministry of Information and Communication and the National Security Committee.

Authority: Law on National Security No. 527-IV of 6 January 2012, as amended (Article 23).

Mass media

Direct or indirect foreign ownership (ownership by a foreigner or a foreign legal entity) in the media sector is limited to 20% of the share capital.

Authority: Law on National Security No. 527-IV of 6 January 2012, as amended (Article 23).

Security services

Foreigners, foreign legal entities and established foreign-controlled enterprises shall not provide security services or manage companies providing security services.

Authority: Law No. 85 “On Security Services’’ dated 19 October 2000 (Article 5).

II. Official aids and subsidies


III. Tax obligations


IV. Government purchasing


V. Access to local finance


B. Exceptions at the level of territorial subdivisions