Kazakhstan issues Coronavirus-related force majeure certificates to businesses free of charge
In the period of the state of emergency, the International Chamber of Commerce of Kazakhstan issues certificates of force majeure free of charge.
Kazakhstani entrepreneurs who are unable to fulfill their contractual obligations in connection with the coronavirus pandemic may apply to the International Chamber of Commerce of Kazakhstan, a subsidiary of the Atameken NCE RK, to certify force majeure clause. In this situation, it is decided to support entrepreneurs and issue certificates free of charge.
The International Chamber of Commerce of Kazakhstan has been working in a reinforced 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 staff has joined in advising entrepreneurs on the issue of force majeure. You may contact the Call Center 1432.
The Atameken experts prepared a certificate explaining what situation is force majeure.
- If the entrepreneur can prove that he has taken all the necessary measures to properly fulfill his obligations.
- If the entrepreneur can prove that the fulfillment of the agreements has become impossible due to force majeure. This category includes natural phenomena, military operations, etc. Such circumstances do not include the absence of goods, works or services on the market necessary for the performance of the agreement, whether the party could have overcome the obstacle and to the extent possible.
Who testifies the force majeure condition to issue the certificate?
The International Chamber of Commerce of Kazakhstan testifies the force majeure circumstances under the terms of foreign trade transactions and international treaties of the Republic of Kazakhstan (according to the decision of the Board of the Atameken NCE RK dated on August 12, 2014, № 42).
Compensation for damages:
According to paragraph 1 of Article 375 of the Civil Code of the Republic of Kazakhstan, the parties who incurred losses have the right to claim their compensation within the framework of civil legal relations between the parties or in court.
Where will you get the Certificate of force majeure?
Phone + 7 7172 27 90 54; 27 90 55; 27 90 56; 27 96 , e-mail: info.icc.kz@gmail.com.
Documents that are necessary to obtain a certificate of force majeure:
- 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.
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.
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