"THE KAZAKHSTAN CONTENTS" IN SYSTEM
INDUSTRIAL AND INNOVATIVE MODERNIZATION
AND STRENGTHENING OF THE ECONOMIC SOVEREIGNTY
3.1 "The Kazakhstan contents" in joint business and the economic sovereignty of the republic
The defining tendency of globalization during a post-crisis time still consists in imposing to the world of ideology of preservation of a priority of the advanced countries in access to more and more limited natural resources of developing and underdeveloped countries. And it, despite of that lives only 1/5 part of the population of the whole world in the countries of G-7. In the Declaration following the results of the summit of the Big twenty (G-20) in Canada (June, 2010) is proclaimed a course on every possible stimulation of export and trade services. It is claimed that "… until the end of 2013 there will be no new barriers on a way of investments, trade and services – from introduction of new export restrictions or from realization contradicting rules of the World Trade Organization of measures for export stimulation". Besides, the countries of the Big twenty undertook to minimize any negative impact on trade and the investments resulting realization of national policy, including fiscal, and actions on support of financial sector. It is necessary to recognize, it is a way of inertial preservation of former pro-imperial positions of mother countries and at the same time providing qualitatively new stage of requirements of industrial and innovative development of world economy. The course on maintenance by the countries of G-7 and G-20 of a traditional world financial order, its mechanisms, preservation of the WTO, the regional unions is maintained.
In this regard there is an objective need considerably to reconstruct activities of the state structures for the organization and regulation of the economic relations with large economic structures and foreign firms which can significantly define economic safety of the country, especially regarding regulation of a stream of investments into key branches of the being formed sovereign states. Modern world crisis on complexity, destructive, system character is essentially excellent from usual periodical flowing (3-5 years), medium-term (8-12 years) crises and are closed on a resultant trend with long-term kondratyevsky cycles. The world economy to be on the eve of formation and transition to the new production base, qualitatively new productive forces. This process is equally characteristic in the range from the developing countries developed to a wide range. Industrialism and post-industrialism era, in other words, an industrial stage of world productive forces comes to the end and made transition completely in the fifth technological way – information technologies and economy of knowledge. In the West and in Russia this stage call neoindustrialism. But rather certain understanding of the concept "neoindustrialism" doesn't exist yet. In the substantial plan it most likely conveys meaning of coming to the end industrial type of world productive forces. Thus it must be kept in mind unevenness of economic development of the front lines developing and underdeveloped countries when the whole groups of the countries, in particular the post-socialism states, are still compelled to solve problems of actually industrial growth. Nevertheless the present crisis which has accepted a financial cover, acts as the most powerful signal of moral obsolescence of a so-called economic mainstream of the XIX-XX centuries (industrial revolution, mechanical production). Its potential was already completely settled. The theoretical and practical mechanism of managing, we want that or not, is obliged to change.
In conditions when the issue of change of economic basis, a material basis of world economy fight of developing countries for rationalization of a stream of foreign investments, repartition of assets process objective, natural is resolved. It in interests of change of the relations of property in large objects on the basis of national natural resources, and a reshaping of assets and investments into technological productions on the basis of change of structure of key branches. Here the metamorphosis, and significant when the part of functions on realization of economic interests of subjects of managing passes to the political level peculiar to national farms is shown. Besides, process of state regulation of the relations of property by means of redistribution of assets in favor of the state actually means regulation and realization of national economic interests at the level of the large joint ventures (JV) within multinational corporation branches. Multinational corporation branches in Kazakhstan, owning a controlling stake, undoubtedly, are focused to develop fields as soon as possible. The time log of contracts is calculated on geological terms of exhaustion of fields (35-49 years). Maximizing profit at modern level of technological production dictates to the foreign companies extremely to reduce time of operation of fields and to derive possible benefits from a resource.
In working conditions with foreign investors there is no question of expediency of preservation of resources for future generations or before creation of more effective technologies of production. So only those countries which nedrovy resources are at the state disposal can raise a question. De facto fields of especially valuable, protected state rare-earth, uranium, oil and other strategic types of raw materials carried to this category can appear a priori nationalized. They can be reserved for full and large-scale use during a time of the sixth technological way or new discoveries and development. So the USA with a number of key fields, including and oil arrive.
Speeding up of production of hydrocarbons in Kazakhstan on "Strategy-20" is it is unlikely justified. It is a way of extensive development when the real technological effect is realized practically outside the republic in other developed countries – our trade partners, recipients of raw materials. Therefore policy of increase in a share of Kazakhstan in assets of the large companies developing our resources are an important aspect of increase in the Kazakhstan contents directly at a source of development of especially large-scale deposits representing real, constitutionally consolidated object of state ownership, erected in a rank of national object of the order. Objects of property of the public order appear initially basic, forming exactly constitutionally a certain Kazakhstan maintenance of public property. RK put forward Presidents the concept of "the Kazakhstan contents" ontologically initial contents undoubtedly has object the right of the order property nedrovy resources which managements at this stage of economic safety have crucial importance. Therefore institutional and legal strengthening of this basic property, standards of measures of its protection and realization of this right at the state level have solving, defining value.
The concept of "the Kazakhstan contents" it is connected first of all with economic safety and it is aimed at ensuring steady functioning of national economy in a mode of expanded reproduction at the maximum safety from external factors. The basis of economic safety as national priority - the diversified, hi-tech production, which production satisfies needs of leaders of branches of economy for qualitative raw materials and the equipment, the population – in consumer goods and services, and the export sphere – in goods and services, competitive in a foreign market. There are threshold values of economic safety, i.e. the limit sizes which non-compliance interferes with normal development of economy and are led to destructive tendencies in economic and social situation of the country and to increase of internal and external threats. It is especially dangerous during the periods of crises and cyclic fluctuations of outputs and the consumption, bringing to instability of economy, investments, employment, and also the income and population consumption. In the modern world ensuring economic safety belongs to the most important functions of the state. At separate stages of development of the country its role can significantly increase and even to become priority. It is especially important at an exit stage from a world economic crisis and transition to streamlining and management of prolonged reforming of economy, especially in the field of the relations of property, business regulation when time of reorientation of subjects of property for development of the real economy, processing production, increase in production and productions with a value added as conditions of strengthening of economic stability urgently came.
Parameters of economic safety are formed (depending on specific conditions and features of each country) on the basis of indicators of resource, investment, power, ecological, infrastructure security of economy. All these components, indicators of economic safety of Kazakhstan for the present in the production plan, at a decision stage. With its actively mastered natural resources and broad participation of foreign investors in their development the Law on economic safety, as important guarantor of the sovereignty of Kazakhstan is insistently necessary to the republic. At the solution of important questions with foreign subjects of a position of the republic it is enough unsteady because in the contractual relations the legal priority of national economic interests isn't reached. Economic safety of the country at macrolevel in world practice is ensured first of all by state regulation. It is a question first of all of preservation of economic equality at adoption of important administrative decisions with foreign partners. Under our conditions are branches of leading multinational corporations and the groups of the comprador bourgeoisie lobbying them interests. The factors influencing ability of economic safety to overcome external and internal threats are divided by the Russian experts into three groups:
- not giving in to change in result of administrative activity (the size of an economic subsystem (the country, the region), a geographical position, existence of mineral raw material resources, climatic conditions and so forth;
- giving in to change by purposeful administrative actions in the long-term period (introduction of advanced technologies of production, attraction of foreign investments into national economy and the region;
- giving in to change with use of measures of economic policy in shorter terms (replacement of trade partners, a target change of course of national currency), use of instruments of currency and customs regulation and so forth.
So-called specific threats are actual for the developing states, especially at a stage of the transformational changes connected with repartition of property, fight for control over assets. It is characteristic for the Post-Soviet states, including and Kazakhstan where level of safety of the companies, priorities of branches of multinational corporation defines, finally, and safety of the country. At this conjuncture foreign investors are very sensitive to safety of the business and threat of repartition of property, assets as the most significant for their business.
At a stage of recovery from the crisis and need of strengthening of the sovereignty and economic safety objectively into the forefront the question of the property right and individual share under the Agreement on the section of production (Production Sharing Agreement) at the level of the large enterprises - multinational corporation branches in Kazakhstan moves forward. It is a question of infringement (violation) of constitutional laws of the republic on the property right to nedrovy riches which are violated at a transfer stage the rights to operation of nedrovy resources to the foreign companies. In the Russian Federation it is developed and approved as the Decree of the President of the Russian Federation "Strategy of national security" of the Russian Federation till 2020 (12.05.09, No. 537) where to risks and threats of national security in the economic sphere in long-term prospect along with remaining export and raw model of development of national economy and high dependence of the country on the external economic environment are referred: control loss over a national resource, deterioration of a condition of a source of raw materials of the industry and power; unevenness of development of regions, etc. Risks and threats of national security, characteristic for Russia, in the main manifestations can be carried and to Kazakhstan. The relations connected with ensuring economic safety, have to become real object of public administration. The system of economic safety as object of management turns on the following blocks: concept of national security; national interests of the country in the economy sphere; threats in the economy sphere; safety indicators in the economy sphere; their threshold values; organization of economic safety. Problem of public administration in the sphere of economic safety in this regard it is possible to reduce: to timely identification and prevention both external, and internal dangers and threats which can destroy economic system of the country.
Regulation of branch structure of investments according to projects of foreign investors official statistics of CIS countries, equally and Kazakhstan, isn't carried out. Across the Russian Federation there are only administratively closed niches for receipt of the foreign capital in the national economy, connected with interests of national security. So, the known circle of strategically important fields and the enterprises of defensive value, and in the financial sphere – a ban on opening of branches of foreign banks is limited. The Russian strategic enterprises are forbidden to sell (now them remains about 200) at the foreign exchanges more than 25% of the actions and if they extract minerals, foreign investors can't get more than 5% of their actions. On transactions with more considerable equity stake in the strategic enterprises permission of the government of Russia is required. As a whole, in modern market economy of possibility of the state directly to regulate branch structure of foreign investments are limited. Here measures of indirect regulation, and not only at nation-wide level, but also at the level of the regions, separate large objects are necessary. It is important especially in the conditions of Kazakhstan when the declaration on "openness of economy" is understood almost absolutely and measures of economic safety are brought to please gross finding of foreign investments. Their advancing growth within the CIS is exposed as certain "brand". Directly possibly to regulate branch structure of investments when they are carried out at the expense of the budget or on the basis of the mixed financing (for example, with use of means special (investment or innovative) funds). To projects of foreign investors such mechanism is almost inapplicable. In this regard a complex challenge in the conditions of the countries with attractive resources is ensuring balance between volumes of attracted investments and need of their orientation in mainly high-tech industries of economy. It is thus especially important to support innovative sector of national economy foreign investments promoted production of a demanded national innovative product, instead of increased syryevidny character of national economy.
Therefore at a recovery from the crisis stage to the forefront there are the factors of investment safety providing preconditions of radical modernization of national economy. At the 22nd plenary session of Council of foreign investors (4.12.09) President N.A.Nazarbayev confirmed that Kazakhstan intends to toughen the legislation for subsoil users and invited them actively to participate in diversification of the Kazakhstan economy. The head of state declared also that Kazakhstan will work only with those who will offer implementation of the specific projects directed on profound processing of raw materials and transition to production of more advanced processing. As Kazakhstan – the state making oil, gas, ferrous and non-ferrous metals, the first diversification has to occur at the expense of deepening of processing of production. By the preliminary estimate, the first industrial five-years period in Kazakhstan (2010-2014) will demand about 10 trillion tenges (or about 67 bln. dollars) investments. At the expense of the budget, National fund and the credits of China and Russia the monetary pool about 3,6 trillion tenges gathers. Two more thirds of the demanded sum for development of the heavy industry of the country and its infrastructure, agrarian sector will be found with attraction of the foreign capital. In solutions XII of plenary session of Council of foreign investors it is offered "… to make active policy of attraction of direct foreign investments, to create conditions for reinvestment in economy of the profit got by foreign investors".
In Council of foreign investors the raw companies are presented first of all. Among them such brands of world oil sector (branches are more right than them), as "Chevron", "Total", "Lukoil", "Ekson Mobil", "ENI", "Konoko-Filips". Further there are international mining companies: "Arselor Mittal", "The Euroasian company of natural resources" (ENRC), "Eksess", "Russian aluminum". And, at last, large international banks: Deutsche Bank, RBC, Jay Pi Morgan, Kredi Suiss. And that is especially important – many of above-mentioned companies are included not only into the Kazakhstan Council of foreign investors, but also are presented in similar structures of other states. Their web entangled the whole world. Income of some multinational corporations several times exceeds the annual budget of Kazakhstan. Statistically, from 100 greatest economy in the world 52 – the multinational companies, the others – the states. And as a whole, multinational corporations provide about 50% of world industrial production.
In the conditions of active penetration into economy of Kazakhstan of branches of multinational corporation, especially in oil and gas and mining and metallurgical branches, basic in national economy, naturally there is a problem of economic safety and at the same time use of potentials of foreign investors in realization of fatal tasks of the forced industrial and innovative Program of the republic for 2010-2014 and Strategy-20. Thus with special relevance the problem of scientific statement of increase of the Kazakhstan contents as in the leading branches of economy defining specialization of the republic in the international division of labor, and in aspect of formation of processing productions with a high value added moves forward. Speech has to go about consecutive reorientation of the relations of property in leading branches and spheres in aspect of strengthening of the economic sovereignty and self-sufficiency of the republic balanced and technologically competitive economy. The strategic problem of increase of the Kazakhstan contents in primary branches and economy spheres initially goes back to the basic relations of the order nedrovy riches and consecutive innovative transformation of all economic system. From these positions "the problem of the Kazakhstan contents", in our opinion, has to be treated from triune positions:
- consecutive return of a constitutional law of property of the republic to nedrovy resources which were seriously restrained, so and broken in years of imprisonment of Agreements on the section of production (Production Sharing Agreement) with foreign investors – multinational corporation branches in the 90th years;
- reorientation of activity of large foreign investors to profound technological processing of initial raw materials and diversification of production and mobilization of internal reserves, especially national bourgeoisie, on strengthening of real economy, as bases of effective complete system of reproduction in the republic;
- consecutive increase of the Kazakhstan contents in its functional aspect as politicians of import substitution of needs of foreign investors in materials and services at the expense of domestic producers.
At such approach and interpretation the problem of the Kazakhstan contents finds the theoretical importance and the wide practical appendix in industrial and innovative formation of the country. The problem of increase of the Kazakhstan content, reorientation of investment interest to non-oil sector and achievement of balance of interests of domestic and foreign investors moves forward as the highest priority and is estimated as one of important levers of post-crisis industrial and innovative policy. The subject of the Kazakhstan contents infringes on radical interests of all states which own natural resources in macro-level statement. Anyway the state is interested also this its absolute right favourably to use presence of the investor at subsurface use for the organization of in the long term technologically interconnected complex of branches and productions. And it is quite natural that the problem of the Kazakhstan contents in the property relations on nedrovy resources at a stage of post-crisis revival and the forthcoming updating of production in the republic becomes a priority, is more structured and in detail at legislative level. The condition of the relations of property and the actual, real right of the order nedrovy resources in the republic is evident from distribution of assets in one of leading structure-forming branches of economy of the republic.
Data on large-scale oil fields of Kazakhstan (in billion/barrel)
Basin of the Caspian Sea
TengizShevroil (TSHO): Shevron (USA) 50%; EkssonMobil (USA) 25%; KazMunayGaz 20%; Luk Arko (Russia) 5%
Karachaganak Intetreited Organisation (KIO): Adjip (Италия) 32,5%%; British TES (Great Britain) 32,5%; Shevron (USA) 20%; Lukoil (Russia) 15%
Adjip Kazakhstan North Kaspian Operating Company: Any, Total, Eksson Mobil, Shell и KazMunaiGaz (16,5%), Koneco Philips (9,26%), Inpeks (8,33%)
KazMunaiGaz (50%); RosNeft, Zarubezhneft (50%). Total enters as the shareholder into a share of KazMunaiGaz
KazMunaiGaz, other possible owners – the Chinese consortium, including SPRS and Rekson
SPRS - Aktobemunaygaz (88%) with other investors – IG International and Vert
possible owners – Konoko Philips, a Shell and KazMunaiGas
At the anniversary X international summit on oil and gas (Paris) according to the report of KAZEPERGY association it became clear that the total volume of investment into oil and gas branch of the republic for years of independence made more than 87 billion dollars from which 80% are the share of the foreign companies and joint ventures. Stocks of oil of Kazakhstan make today 3,2% from universal, and the country is in ten the largest owners this type of hydrocarbons. Expected stocks of gas reach 8 trillion cubic meter. The next ten years even more will increase business appeal of Kazakhstan. On the one hand, at this time at us development of the Kashagansky field with predicted production in 2020 about 60 million tons of oil a year will start developing. Other projects on Kaspiysk a shelf will enter into an active phase. The Tengizsky project will provide production more than 30 million tons of oil a year. On other huge field – Karachaganak – production will increase in one and a half time as a result of the third stage of development. At the expense of these projects the government plans by 2020 more than to double oil production, having brought it to level more than 160 million tons. And as a result Kazakhstan will be included into the first five of global manufacturers of oil. By 2030 in Kazakhstan it will be got as 100 billion cubic meter of gas a year, and after this date, possibly more. The state owns only 18% of the extracted hydrocarbons, all the rest – in property of the multinational companies and investors. It is remarkable, from the total amount of 80 million t of extracted oil for 2010 only 12% are subjected to processing for needs of internal consumption in the republic. In a word, the course on extensive development of nedrovy resources remains while defining. Oligarchical interests of foreign investors and imperative need of expansion of technological, processing productions in economy are solved as difficult inconsistent process. The Kazakhstan contents pursuing national economic interests, is initiated at the state level. The condition of real sector, and further implementation of plans will depend on efficiency of carried-out work on development of the Kazakhstan contents on diversification and economy industrialization also.
Important manifestation of the Kazakhstan contents consists in consecutive and legally reasonable claims of the republic on increase in the share in assets of the large oil and gas companies – multinational corporation branches. The western mass media ("LeMonde", Reuters agency) recognize reasonable claims of Kazakhstan about allocation of a fair share in Karachaganaka, the largest gazokondeksatny project, conducted BG and ENI. "Reuters" (India) refers to confirmation "old conclusions in the West concerning that the developing countries exporting energy carriers, start achieving sooner or later bigger control over the oil and gas fields. This law comes true everywhere: from Kazakhstan to Venezuela, from Algeria to Russia". Besides, to revision of contracts the western scientists unilaterally connect aspiration of developing countries with increase of the world prices for energy carriers and aspiration of the young states to get more powerful profit. Similar conclusions – in line with neoliberal concepts and an economic determinism. Aspiration of transit economy to the economic sovereignty and safety, the independent solution of social problems and ensuring wellbeing of the people remains out of attention. And, at last, it isn't taken into account that contracts on subsurface use by young sovereigns initially consisted during obviously adverse periods for them when there was no corresponding experience of communication with multinational corporation and acute financial shortage often compelled to go on obviously unprofitable concessions.
When speech comes about the property right to nedrovy resources, first of all such largest objects, as Tengizshevroil, Karachaganak and Kashagan which are property not only oil industry, but also all national economy advance to the forefront. Republic positions in these structures largest on all Euroasian space, are as follows: 20% of assets in JV Tengizshevroil (taken stocks of 9 billion/barrel) and 16,5% in Kashagan's consortium (taken stocks of 13 billion/barrel gas condensate). And, at last, in the share capital of consortium "Karachaganak Integreyding Organayzeyshn" (KIO) of a share of Kazakhstan isn't present at all. Kazakhstan participates in JV Tengizshevroil and consortium "Kashagan" at the level of the minority shareholder, no more than that, and has even no blocking minority ownership as the constitutional owner of a subsoil, without speaking about a null position of the republic in consortium KIO. As for intentions of Kazakhstan for increase in the share in assets of leading consortia is, "as claim even in the West, it will quite be coordinated with global trends", fight of developing countries for the economic sovereignty. According to data of the International agency on power, the national companies of the countries-proizvoditelnits hold in the order 37% of the world proved reserves of energy resources, and by 2030. the share of such countries has to increase to 75%. Real position of Kazakhstan in system of the relations of property, especially in the order sphere nedrovy resources, puts forward difficult questions for the decision.
Consecutive restoration of positions of the republic on hand is connected by nedrovy resources first of all with gradual refusal of the principle of inviolability of the preferential taxation of foreign investors contracts with which were signed on the basis of Agreements on the section of production (Production Sharing Agreement) in the 90th years of the last century. This important initiative about revision of a Production Sharing Agreement and rigid restriction of profitability of foreign subsoil users was put forward by the President of the Republic of Kazakhstan at meeting in the government on January 22, 2010. In the first years of independence Kazakhstan, having proclaimed the principle of an invariance of provisions of the contracts signed on preferential, obviously unequal conditions with investors, I managed to attract billion dollars to the republic. In present conditions, restoring the principles of equal cooperation, fairly puts forward the provision on application of identical tax modes for all subsoil users. As a result of liberalization of foreign economic relations tax loading in RK one of the lowest in the world. If to compare to Great Britain, there tax loading on the average makes 38-40%, at us, according to the RK Tax committee, - on the average 10-15%. In many countries of the world hydrocarbons are extracted on the basis of a Production Sharing Agreement, but even in such countries as Nigeria, the main shareholder is the state. We everything assigned in due time to foreign investors, and up to 2001 the tax relations within a Production Sharing Agreement weren't regulated by the Kazakhstan legislation and were established individually. Further the floating scales attached to profitability were entered, in parallel for new Production Sharing Agreements the tax for use of minerals (royalty) is cancelled. As a result the subsoil user has an opportunity to reduce rates of taxes through management of expenses and other factors influencing floating scales. It is clear that investors widely used such freedom. And without that working in supercomfortable conditions on contracts of the 1990th without export duties, using VAT return for exporters and besides having very high shares in production section on Production Sharing Agreement conditions. But many companies and to these weren't satisfied. They could reduce, for example, a royalty at the expense of transportation costs twice and even moreover.
As for the largest project – the Kashagansky field, the beginning of industrial production was planned the contractor in 2004-2005. This date was repeatedly postponed. According to the statement of the management of NCOC (NorthCaspianOperatingB.V. ) the operator of the project, the first phase of trial development is postponed to the end of 2013, as about the most probable scenario, i.e. for 8-9 years later initially approved schedule. Terms of realization of development of the second phase of the Kashagansky field are outlined for 2018-2019 with what the government of the republic is discordant, including such project "as inefficient from the economic point of view". The North Caspian project is realized in a framework from announcement about production section, concluded on November 18, 1997, and includes Kashagan, Kayran, Atata, Kalamas's fields. Kashagan's field one of the most large-scale deposits in the world, opened for the last 30 years with technological stocks of oil of 4,8 billion tons. Shareholders of NCOC are Agip Caspian Sea B.V. (16,81%), KMY Kashagan B.V. (8,4%), Exxon Mobil Kazakhstan Inc (16,8%), Ynpex North Caspian Sea (7,56%), Shell Kazakhstan Development B.V. (16,8%) and Yotal EcP Kazakhstan (16,8%). At coordination of terms of transfer коммерческорй production Kazakhstan increased the share in the project with 8 to 16,8%.
Developers explain transfer terms with big expenses and difficulties of implementation of the project. Really the beginning of commercial operation of Kashagan will be possible is removed for 2018-2019. Excessive costs of the second phase of the industrial development, offered by consortium of his developers don't arrange the government.
According to KMG, in the Kashagansky project only on the first phase of trial development till 2014 it is invested by 8 billion dollars. By situation Production Sharing Agreement the republic assumes this cost that can nullify a Production Sharing Agreement, finally. By this type of the contract Kazakhstan compensates production costs of development of fields and only after it will receive the share of profit. As a payment production got consortium serves. After compensation of expenses the ratio on a Production Sharing Agreement changes in favor of Kazakhstan. At such system the subsoil user is interested in overestimate of expenses, and the customer, in the person of the state, in their reduction. Practice showed an inefficiency of such model of the contract because of what the state refused it, having kept thus stability of conditions for the Production Sharing Agreements concluded till January 1, 2009. Efficiency of the North Caspian project ("Kashagan") against his considerable rise in price and a tightening of commercial operation remains undecided.
New amendments in the Law "About a Subsoil and Subsurface Use" (2010) allow the government to terminate unilaterally contracts on subsurface use in case of threat of national security. Let's remind that the amendments adopted at the end of 2004 in the legislation on subsurface use gave to the state a priority on repayment of being released shares in petroprojects and allowed "KazMunaiGas" operating on behalf of the government, to redeem a share in the North Caspian project. And in 2005 new legislative amendments allocated the government with the right to primary repayment in "the secondary market" actions and assets of the companies extracting in the country oil.
In a problem of "the Kazakhstan contents" an objective priority the question of the Kazakhstan individual share in large projects moves forward. Actually from three "contracts of an eyelid", signed in heavy for the country the 90th years, Kazakhstan has in them no at least blocking package. Not to mention the supervising. Field Tengiz in Atyrausky area opened in 1979, and its stocks of oil are included into number of the world's largest. Now a field – in hands of the Tengizshevroil company (TShO) where the controlling stake belongs to the American firms. Kazakhstan owns in Tengiz only 20% of actions which grant the right to dividends, but don't allow to make the decision. Production volume for the last 15 years from three million tons increased to 23 million. More in the country no other company in the foreseeable future, obviously, will get. And 2010 of TShO increased oil production to 25,9 million tons at the general production about the country 80 million tons. According to the project of future expansion oil production on Tengiz will increase to 36 million tons. TShO – in general the company closed from society. Here the international initiative of transparency of the extracting organizations (ITEO) recognized by world leading consortia of the extracting countries, practically doesn't work. The company at low level of tax loading (10-15%), at all doesn't pay to the VAT and doesn't recognize entered recently export customs duty on oil. Actually, the Tengizshevroil company, owing to the prisoner 17 years ago the contract, was founded in 1993. Participants are: Shevron (50%, ExxonMobilKazakhstanVenturesInc (25%), JSC NOC KazMunaiGas (20%), and also Russian-American JV LucArco (5%).
From three "contracts of an eyelid" Kazakhstan, without having in one of them at least blocking package, to the Kashagansky project could return only in recent years, having bought the first share in the period of the Russian oil quotations in 2005, and then having increased a package to 16,8% in 2008. Now the structure of participants of NorthCaspianOperating (NCOC) looks so: Shell, "KazMunaiGas", Eni, ExxonMobil, Total-at individual share everyone on 16,8%, ConocoPhilips– of 8,4% and Inpex– of 7,56%. The consortium NCOC while continues prospecting and a mountain preparatory work to start industrial oil production in 2013. Having kept 20% of individual share in the Tengizsky project and having come back in North Caspian, to Kazakhstan time came to pay a close attention to Karachaganaksky consortium in which asset the republic has also no percent. The operator of development of the Karachaganaksky oil and gas KarachaganacPetroleumOperatingBV (KRO) complex carries out the activity according to the agreement on the section of production (Production Sharing Agreement), signed by partners in the international consortium with the government of Kazakhstan in November, 1997. On conditions of the agreement of KRO has to control the Karachaganaksky project during the period till 2038. The British BG and the Italian Eni are operators of the project, the share of each of which makes 32,5%%. Another 20% belong to the American Shevron, 15% - to the Russian Lukoil.
Here about 49% of all gas and 18% of all oil on the republic are extracted. This project already paid back expenses of participants of consortium and came to a profitability stage. Kazakhstan, having agreed to provide to the project existing on a land the Production Sharing Agreement status with all due privileges and preferences, for today, without having a share in assets, it is deprived of opportunity actively to participate in the income from production approximately in 8,5 bln. dollars only for 2009. The lion's share of profit on development of our subsoil under the agreement, the prisoner is 13 years ago between the government of Kazakhstan and KRO, flows away in foreign banks into foreign accounts. Taking into account rather high self-sufficiency of economy and intentions to realize the leadership of Kazakhstan reasonably there are significantly more than projects in non-oil sectors and infrastructure asks the price of a share to 10% in Karachaganaksky consortium. However this question is considered and is wider, as a position of the state which has got stronger financially and ready to redeem shares in large raw projects. Intention of the government to get a share in one of the largest operating petrocondensate fields in the world at the end of 2009 was declared also by the prime minister of Kazakhstan.
The Kazakhstan contents at the level of need of the companies for cars and the equipment, metals, mineral products and textiles both other materials and services for contracts as the segment wasn't considered earlier. This actual social manifestation of a problem defined all importance of placement of orders of the companies and state agencies in a prime order at the domestic enterprises, and in case of large purchases of the import equipment to achieve localization in Kazakhstan their assembly, repair and service. It is a key question of support and stimulation of domestic producers which is solved at the level of the major state task. In the conditions of crisis many subsoil users refused large projects, plans on modernization and processing, optimizing expenses and being at a stagnation stage. However still for creation of infrastructure of an extracting complex very large sums are spent. And in this situation objectively the requirement about satisfaction of these requirements at the expense of production of the domestic enterprises on the basis of the tender. Unfortunately, goods and services of many of them not конкурентны and the most part of investments works not for economy of Kazakhstan, and for foreign interests, continuing to develop a high-tech industrial complex of the foreign industry. The domestic production continues to lose and without that the weak positions, especially it concerned oil mechanical engineering, metals, the equipment, mineral products and textiles. The distortion in large contracts with violation of national economic interests and threat of economic safety is accompanied by serious infringement of the Kazakhstan contents in especially practical functional aspect. It is a question of purchases of goods and services of domestic producers for needs of the companies, payment of fair taxes by the last, other payments. So, at the consortium income Karachaganak for 2009. in 8,5 bln. dollars the Kazakhstan contents on purchase of materials, goods and services for internal needs of consortium made about 7% of total amount of contract contracts, the main part of requirements is bought abroad and by that at the expense of the currency got from our resources successful functioning of foreign enterprises technologically interconnected with consortium and the companies is provided. In fact, the balance of interests is broken, the republic doesn't receive that profitability from projects which it expected. Certainly, the question of active counter import substitution as on capital expenditure, and compliance of our offers on quality, the range, competitiveness to foreign goods and services demands serious statement and the decision at the level of the resident companies and coordinating bodies, the departments of the republic invested appropriate with authority.
The ministry of the industry and new technologies of Kazakhstan as the main authorized body, obliges all subsoil users to publish annual plans and reports on purchases of goods, works and services. At the same time the Ministry of oil and gas carries on negotiations with the oil companies for increase in the Kazakhstan contents in purchases. According to National agency on development of the local content providing filling "The register of goods, works and the services used in operations on subsurface use" on the middle of 2010 in system 240 subsoil users from 403 working in the republic are registered. In 2009 subsoil users of Kazakhstan spent about 17 bln. dollars for acquisition of goods, works and services. Thus 52% of this volume fall to lot of the North Caspian NCOC, KarachaganacPetroleum and "Tengizshevroil" project, these 3 largest fields on the former Soviet Union.
Dynamics of the Kazakhstan contents in purchases of subsoil users in 2007, 2008 and 9 months 2009.
According to dynamics of purchases of subsoil users for 2007 and 2008 indicators of the Kazakhstan purchases were at the level of 13,6% and 9,3% respectively. After introduction of new system of measurement of purchases of subsoil users the indicator across Kazakhstan in the first half of the year 2009 sharply decreased to a mark of 7%. In directive materials on a five-years period the task to reach the Kazakhstan contents in goods to 50%, in works, services – to 90% is set. It is the optimistic scenario on condition of forward development of quality production and the normalized system of preferential financing. Full development of the Kazakhstan contents at a formation stage. It first of all restrains insufficient filling of the service market by qualitative Kazakhstan goods and services, lack of system measures, programs in support of the Kazakhstan contents. While the Kazakhstan producers, with rare exception, don't maintain the competition to the foreign. It is necessary to lift those branches which practically don't work today, for example, oil mechanical engineering. If in Kazakhstan there was the production, the republic could participate in development of fields already the technical solutions.
Today the mining and metallurgical complex (MMC) makes about a quarter of an industrial output of the country, metals and products from them in a total amount of export occupy more than 14% in structure of export of RK of 2010. More than 80% of production of metallurgy are exported abroad: a little more than 20% are the share of the CIS countries, about 10%-0 to China, the lion's share – of other countries of the world, in main European (Italy, France, the Netherlands, Germany, etc.) The market of consumers of production in Kazakhstan is rather narrow. In mining and metallurgical complex of Kazakhstan in the current five-years period 16 bln. dollars will be invested, and 85% from them will make private investments. Important problem of increase of the Kazakhstan contents in production of branch is stimulation of the organization of production of basic metals in the territory of the republic (aluminum, zinc, copper, gold, steel, ferroalloys) at a simultaneous destimulirovaniye of export of raw materials (ores, concentrates). It becomes within fight against tolling – leaving practice from taxes by means of raw materials processing outside the country.
It is interested and purposefully it was necessary to carry out import substitution in the light and food industry. It in the presence of favorable initial raw opportunities, internal investments and a direct stream of profit for accumulation and replenishment of the budget of the republic.
As the essential organizational negative constraining development of the Kazakhstan contents with participation of the foreign companies it is necessary to mark out lack of the adjusted interaction of subsoil users with government bodies on providing information on demanded goods and services. So, from 399 companies subsoil users in the third quarter 2009 more than a half wasn't provided by reports on the purchases in authorized body. Respectively, the domestic producer has no real picture of needs of subsoil users in works and services and isn't able to plan the activity for the long-term period. Therefore consumption of import goods by the foreign companies by 13,5 times exceeded consumption of identical internal production. Besides it becomes clear that a number of the companies unfairly fulfill obligations under the Kazakhstan contents, often give out unreliable information, considerably overestimating it. The bill on a subsoil and the subsurface use, accepted by republic Parliament, obliges subsoil users to hold tenders for purchase of goods and services only in the territory of our country, increases legal responsibility for legislation observance according to the Kazakhstan contents. The question of recognition and implementation of the international requirements ITEB (Initiative of Transparency of Extracting Branches) in Kazakhstan remains still open. More it concerns the mining enterprises because 40% of the income of this branch remain not accountable, not transparent.
Metallurgy of Kazakhstan is characterized by existence of the rich mineral resources having considerable potential not only within the country, but also on a global scale. On a stock of many metal ores (chrome, manganese, copper, zinc, iron ore, ferroalloys, silicon, alumina, aluminum and other non-ferrous metals) the country is included into ten the leading countries. Processing metallurgy is presented by the enterprises of a full and incomplete cycle which make cast iron, steel, ferroalloys, hire products. They are traditionally placed by the principle of inclination to fuel or raw materials sources: ENRCи plants "Kazakhmys", "Arselor Mittal" - Karmet, "Kaztsink", UKTMK. As a whole it is the companies of the international level registered in Great Britain, Luxembourg, South America, China and other countries with the enterprises branched out worldwide for processing and realization, with multi-billion turns.
The metallurgical branch of Kazakhstan on indicators of activity and strategic plans, on release of many types of production is among world leaders. The branch companies managed to take flagman positions first of all on favorable combination of circumstances. They became owners of already being available metallurgical complexes in the country with the richest metallurgical and power, a source of raw materials. It allowed to do without serious investments into production assets, and also to win on prime cost at the expense of low transportation costs from an ore source a production and power security dale, without speaking about other component of prime cost – low compensation of employees of plants and mines. In branch productions of low repartition, production with advanced processing and as result, a high value added are absent prevail. These subsectors and spheres knowledge-intensive and capital-intensive, as a rule, take place at sources of consumption of finished goods. At a practical full exportooriyentirovannost of metallurgy such situation, according to experts, leads to short-reception by the budget of the country of means, a commodity and trade imbalance, a part-time employment and, as a result, narrowness of professional growth of shots in more knowledge-intensive branches.
The Kazakhstan enterprises of MMC are for today in the private sector. On property structure the most part of the companies of branch are in a legislative field of the country registration and a foreign stock market that means not only the absolute right of assignment of profit, but also absence of the long-term plans connected with Kazakhstan, and careful attitude to its labor, natural and other resources, complexity of development and reproduction of a source of raw materials.
Need of state regulation of metallurgy, as key branch of specialization of Kazakhstan and direct participation of the state in programs of development of leading enterprises objective need. It follows from aspiration of the state to supervise key industries of economy and strategic projects. The republic government definitely heads for increase in a share in strategic projects in different branches of economy. FNB "Samruk-Kazyna" increased the equity stake in "Kazakhmys" from 11% to 26%. There are intentions to increase a share of the state in the Euroasian company (ENRC)/AMT (ArselorMittalTemirtay), in zinc-lead assets of Kazzink and UKGMK. In total paredpriyatiya of MMC юблагополучны left crisis and against a rise in prices for their production in the world market develop the productions.
The question of openness of the private companies of strategic branches in Kazakhstan, openness of subsurface use in MMC sector, remains while rather closed. Work of the private companies of strategic branches in Kazakhstan owing to the absolute right of the state to nedrovy resources, certainly, is subject to monitoring. It is a question of drawn riches from a subsoil being property of the state. Not to mention importance of reliable information on economic problems, violations of excavations and safety measures on production. Leaders of branch quite often lobby the favorable innovative programs focused on "basic" metals. Such consumer relation leads to that dredging of only rich layers of ores is made that is fraught with fast exhaustion of stocks and low complexity of extraction of minerals.Dynamics of production of MMC in RK during independence
Ores iron agglomerated and not agglomerated, one thousand tons
Pellets iron ore, one thousand tons
Ores copper, one thousand tons
Ores chromic, one thousand tons
Cast iron reefficient, foundry or mirror in chushka, pigs or in the form of forms primary other, tons
Ferroalloys, one thousand tons
Flat-rolled products, one thousand tons
Hire zinced, one thousand tons
Aluminum raw: alumina, one thousand tons
Lead raw, tons
Zinc raw, tons
Copper refined raw, not alloyed, tons
Owners of MMC, exporting metal concentrates and metals to Western Europe, China is received by the profits by production coproduction with a high value added when exporting to the world markets. During crisis instead of production diversification on the main objects the new extracting enterprises and their assets worldwide, for example in North Africa were feverishly got. By data Statagenstva of RK, on a share of Kazakhstan from products of combines of MMC, as well as in the 90th years, in the republic remains 3-5%, at the best 10% of made metals. Local consumers should be content with import of metallurgical production and even non-ferrous scrap to organize output of advanced processing. With a growth of outputs of metals from domestic raw materials, creation of advanced processing and output of mechanical engineering remains a bottleneck of domestic economy. Obvious communication with the FIIR governmental programs in the MMC companies while isn't present. In Russia, according to Reutersв information 2011 prepare for introduction of export duties on steel hire and 30% – on iron ore, or the floating tariff attached to the world prices. The Ministry of Economic Development of the Russian Federation suggests as to lift NDPI (a tax on mining) to 8,8% in comparison with flowing of 4,8% as an alternative measure. In Kazakhstan transparency in the most important sector of economy – subsurface use is insufficient. There are no programs coordinated with the state on economy diversification, ecology improvement, employment, training. All this is given to the discretion of foreign shareholders.
Within increase of level of the domestic contents in mining branches value of increase in the Kazakhstan personnel component isn't less important. At the request of the President of RK since July 1, 2011 the ratio of the Kazakhstan specialists and foreign has to be up to standard 70 to 30, and at the level of linear experts – 90 on 10. The problem of staffing of the enterprises still systemically wasn't solved with foreign investments. Since 2011 the question is raised with orientation to preparation of skilled workers from local resources and professional development from ordinary technical experts to top managers. In our opinion, for the solution of a question in the locations of the large extracting and processing enterprises mining and other spheres technical schools with training term till one year, colleges and special training centers of ITR have to be created permanently, in particular at technical faculties of local universities. The solution of a question has favorable initial conditions – high general education level of local population, as a rule with an average general education. At the same time there is a problem of improvement of structure of the Program of a development of education of RK with increase of a share of the students studying technical science and technologies which share while makes only 18%. Considerable specific weight is the share of social sciences and business (25,4%) and pedagogical specialties (20,4%). Now each company resolves this issue in own way: category of "blue" and "white" collars deliver from outside, and to local population leave unskilled occupations, besides with considerable discrimination in compensation.
Questions of the Kazakhstan contents and economic interests of the republic and foreign investors are equally mentioned in accepted by Parliament of the republic of the new Law on a subsoil and subsurface use (November, 2010). The essential changes connected with a question of tax stability, the international commercial arbitration are made to the legislation. The issue is resolved – whether there will be a tax mode stable concerning agreements in force on the section of production (Production Sharing Agreement), whether they will be renewed or terminated as investors to maintain requirements for the Kazakhstan contents if according to tender documentation foreign suppliers often offer more favorable conditions as far as the investment climate in Kazakhstan with adoption of the new Law on a subsoil will change. In January (2010) The message to the people of Kazakhstan the President of RK N.A.Nazarbayev, having nominated the well-known theses about need of transfer of all subsoil users to the taxation under the existing Tax code (on January 1, 2009) I pursued first of all national economic interests – increase of the macro-level Kazakhstan contents in gross domestic product, a net production of society at the expense of collection of fair investment incomes and a part of profit of the companies subsoil users through taxes on mining (NDPI), a value added tax (VAT), the corporate income tax (CIT), the export customs duty (ECD), etc. On conditions of agreements on production section in Kazakhstan 16 companies subsoil users, all of them peculiar "sacred cows" businesses of the 90th work. As the legislation of the republic of a retroactive effect has no, requirements of the new law a priori will extend only on again signed contracts. On reorientation of the received means to high-quality development of economy, the innovative industry it is possible to judge ponderability of efforts of the state on a positive effect of a new rate of the export customs duty (ECD), this rent tax ($40 for ton of exported crude oil) when the duty sum for all planned 2010 oil export of 73,5 million tons will make $1,470 billion. This sum will be even more impressive at coverage by duty of production of mining and metallurgical branch. With introduction of the new Tax code (since January 1, 2009) stability fiscal a contract mode on subsurface use is cancelled. Now all subsoil users, except earlier concluded Production Sharing Agreements, fulfill tax obligations by the current legislation that simplifies tax administration of activity of the companies and does transparent process of payment of taxes by subsoil users. It allows the state to receive adequate receipts from extracting sector of economy.
3.2 Institutional mechanisms of transformation of the relations of property and problem of modernization of subjects of "the Kazakhstan contents"
As for sources of economic growth, in all years of sovereign development of economy of the republic external resources and receipts absolutely dominated. As the president of RK N.A.Nazarbayev notes, the total amount of external investments in the republic for these years exceeded 130 billion dollars that provided an absolute superiority on shower attraction and total amount among CIS countries, and not just across Central Asia. At the same time the country constantly had deficiency of internal sources of economic growth. At the same time rather high price level on energy carriers and metals stabilized payment demand, as a rule, at positive level, provided positive management of an exchange rate (at considerable devaluation in the late nineties and at the beginning of 2009). Progressively the oil and gas income of the budget, gold and foreign exchange reserves and National fund of the republic increased.
Certainly, domination of branches of the foreign FPG providing the positions at the expense of raw material resources of the republic and appropriating prevailing part of the natural rent at rather low level of the taxation, pumping out of currency resources and capital export out of borders of the country almost on the legal beginnings caused at the same time. There is a problem of the main economic relation – the relation of property and demand of increase in the Kazakhstan contents fairly made in the last period in assets of the joint ventures (JV) with the foreign companies. In this undertaking of the government of the republic there are no beginnings of voluntarism and violation of international law. It is a question of consecutive restoration of a constitutional law of the republic on nedrovy resources and achievement of the real economic sovereignty of the country. Besides the trend of "economic nationalism" and aspiration to ensuring economic safety is characteristic for the majority of developing countries on all continents of a planet.
In developed and developing countries there are restrictions on the property right on the enterprises of strategic branches from foreign investors and extent of their influence and competence. It belongs first of all to mining, agrarian sector, a services sector (transport, communications, finance and insurance). The production sector doesn't contain such ban. The enterprises transferred under management, in concession, leasing have the mixed form of ownership. These enterprises function with the participation of the state. In the USA 42 kinds of activity which are considered as the strategic are. The security council can veto any transaction in which will see threat of safety and to national interests of the country. In the People's Republic of China the mode of differentiation of attracted foreign investments by criteria also works: encouraged, limited and forbidden. So, foreign investments in real estate sector are limited, including. in construction and operation of 5-star hotels, hotels, office buildings. In financial sector participation only in the form of joint ventures is allowed, besides the Chinese companies have to have a controlling stake, including in insurance, banks, the finance and leasing companies, in management of funds (it isn't higher than 49%). The joint venture is allowed in agrarian sector, the food industry, mining, in oil refinery construction. If before the People's Republic of China attracted foreign investments at any cost, now – it is selective, the special attention to quality of investments and the importance of branches and spheres from a position of ensuring competitiveness and экономической1 safety is paid. In Russia now 42 kinds of activity in 11 directions are carried to strategic. The list of branches with 16 increased to 42, the list of strategic branches of the USA is taken for a basis. Russia limits access of the foreign companies to production of arms, nuclear materials, building of nuclear objects, development of strategic fields. As television and broadcasting channels are preserved against foreign participation.
For management and control of investments into strategic sectors of economy in foreign countries there are special government bodies: in the USA – Committee on foreign investments, in Germany – special body on control of foreign investments. China created special body on control of foreign investments where would be observed compliance to interests of national security and to the antitrust law. The Committee on control of foreign investments in Russia is created and the Law "About a Procedure of Foreign Investments into the Managing Societies Having Strategic Value for Ensuring Defense of the Country and Safety of the State" is adopted. Access of the foreign companies to the Russian subsoil on acquisition of actions is allowed within 5-10%, in non-oil strategic branches for the foreign investors affiliated with the state, most resolved share of actions is equal 25% and 50% for the private companies respectively. In 2003 in China the Commission on supervision and management of the state assets where the major strategic enterprises with transfer of function of the owner in relation to the major 196 enterprises on the basis of which 30-50 global companies of the future of China have to be formed entered was created.
The strategic directions of preservation of state ownership in the People's Republic of China
Fields of activity Reference points of actions as owner
The defensive industry, electrogeneration and distributive networks, the oil and petrochemical industry, telecommunications, the coal industry, civil aircraft industry, shipbuilding Preservation of complete state control and building of the state assets in the relevant branches
Thus, the main restrictions in acquisition of actions by foreign investors in the countries with the developed economy in so-called "strategic branches" extend on exploitation of natural resources, the defensive industry, transport and infrastructure, power, telecommunications, finance and mass media. The main criterion of the transaction – observance of national interests of the country. Is standard to consider that otherwise the state loses economic independence and loses effective economic policy.
Real fight in developing countries for the national contents in strategic branches began in the 60-70th years of last century when the Arab countries nationalized oil industry under the slogan "justice". It is necessary to recognize that Arabs began real "justice", economic independence of the countries. When the Arab countries raised the share in oil projects on their own fields, objectively it conducted and to increase of their role and in world politics. The countries with rich raw material resources, including Russia, Kazakhstan, especially Kazakhstan, making the "justice" demand, strive for the fair section of the income from own natural riches. Thus criteria question: how many, what company earns on production of natural raw materials and the signed contracts, what social obligations of the companies which have to be carried out qualitatively are how favorable to the country owner of resources. In Saudi Arabia oil production and processing is actually nationalized, in Norway – the public sector of oil production remains. Respectively the profit is got entirely not by private owners – investors, and fairly share with the state. As shows experiment where very high profitability, more effectively to have the state monopoly. At the IV Astana forum (May, 2011) special session discussed a question: "Multinational corporation and their branches the benefit or the evil for developing countries? " Multinational corporations have many production divisions in many countries, and sometimes these companies (divisions) so large that their budgets exceed treasury of some states recipients. Undoubtedly, at a stage of a transition period presence at economy of Kazakhstan of branches of multinational corporation was objective need because development of such large projects as "Karachaganak", "Kashagan", "TShO", "Karmetkombinat", "Kaztsink", "Kazchrome", etc. couldn't be realized without participation of the largest companies of the world. In process of strengthening of production and financial capacity of the country there was a problem of "fair" distribution of a share of property and profit in strategic objects from the point of view of national economic interests. If to speak about initial investments in backbone spheres, over the last ten years their volume only in oil and gas sector made about 107 billion dollars from which 60% fall to the share of projects with participation of multinational corporations.
As for transparency of data on results of managing, it is difficult to receive real information on the income in oil and mining sector. Even on the international Initiative of transparency of extracting branches which Kazakhstan joined, incomplete information (The initiative of transparency was supported only by 95% of the oil-extracting companies and about 65% mining) is submitted. Contracts for development of fields were concluded in the nineties when Kazakhstan couldn't extract itself oil – there were no corresponding accumulation, technologies, managers, technical specialists. One more of the reasons of serious concessions from Kazakhstan to the foreign oil-extracting and mining companies – absence of knowledge and practice under such contracts and agreements. Now the situation changed. Not taking away to itself the same large-scale deposits and them to develop speech. Speech about revision of size of interest of the Kazakhstan party, since. all extracting companies taking into account real transactional expenses, the offshore mechanism of realization and the concrete prices of the world market of hydrocarbons and metals paid back for today the expenses and have excess profit. Key role in oil branch play 7 companies extracting nearly 80% for the Kazakhstan oil. The leader is JV TShO ("Tengizshevroil") from shares of Kazakhstan of 20%. Three companies where the share of the republic is considerable – "Uzenmunaygaz" (100%), "Mangystaumunaygaz" (50%), "Embamunaygaz" (100%) in aggregate get less than ½ that gets "TShO". According to KISR (Kazakhstan Institute of Strategic Researches) in aggregate the share of Kazakhstan in oil and gas sector of the country makes about 20-25% from the general production.
Whether the contracts signed still are fair? Certainly, no, but they compelled. Kazakhstan, except a number of objective circumstances of the period of the 90th years, doesn't possess still technology of oil production on such difficult objects as Kashagan, Tengiz, Karachaganak, and is content with that distribution of a share of possession of a Production Sharing Agreement to them (Agreements on production distribution) which nowadays defines the property relations (distributions and assignments) which regulate the end results. In practice Kazakhstan, without insisting on revision of contracts, redeems shares in some agreements. So, KazMunaiGas (KMG) redeemed 16,6% of a share in Kashagan for more than 2 billion dollars. Whereas in the 90th years the state sold this share only for 600 million dollars American Filips Petroleum and Japanese Impeks. Sale was based on urgency of cash for social needs. Here in general there is a problem of an outbid, a repriobreteniye of part of assets of the companies operating national property of the republic where the constitutional law of property on nedrovy resources which have to accumulate in absolute and differential rents is ignored and belong to the final owner – the state. Formally the property right to nedrovy resources is substituted for the right to costs for production. It is the developed international practice of operation of natural resources of the underdeveloped colonial countries which in plain terms, at full ignoring of national interests of the last, was fixed in international legal practice. In our opinion, at acquisition of a share of assets in favor of Kazakhstan in the leading raw companies it is strategically necessary to be guided on 50+1 actions, guaranteeing economic independence. Certainly, achievement of this purpose has to be solved consistently, besides additional purchase of actions is practically made at the developed market prices of the transaction moment. At additional acquisition of assets by the final owner subject of the main legal relationship, in our opinion, it were necessary to consider for what price in due time these enterprises (fields) and what their possible market cost for today as there is a lot of are privatized and unfairly the republic as a result of these "transactions" was the loser. It is necessary as to consider how many the investor I got profits for this period and as it exceeded the average level of branch profitability in world practice. It is necessary for the account as far as "profit" and an including natural rent was "earned" even taking into account the brought investments on creation and enterprise re-equipment. And during open negotiations taking into account these initial and total factors it is necessary to determine the cost of acquired assets by the country owner of taken resources and to come to the general denominator, who to whom how many has to and what has to be the real market cost of assets of the company alienated in favor of the country recipient. Statement and the solution of these important tasks having strategic value for the republic, has to be result of teoretiko-methodological and methodical recommendations of the special creative collective working in the sphere of ensuring economic safety and the national sovereignty.
The large enterprises of fuel and energy, metallurgical complexes give for today bulk of receipts in the budget. The question of nationalization of these objects and transfer to state property doesn't cost them and can't be put so, their repayment at market cost is unreal because "TShO" assessment, "Karachaganaka PlS" or "Kashagana" are incommensurable even to gross domestic product or the republic budget. And in case of repayment management of these objects as the most difficult task. And repayment together with investments into their revival and functioning are excessive for the state, especially real expenses of subjects of property aren't transparent. Taking into account all these circumstances speech can go in a maximum – consistently evolutionary increase in a share of assets of the state in these companies and transition from minority shareholders to majority owners. Participation of foreign investors at least at the level of 49-50% in assets is an indispensable condition of functioning of any company because it is the guaranteed technologies and inflow of necessary investments. In this regard the repayment way at the market cost of part of a share at the companies is it is unlikely justified and right, remaining for an indefinite term as minority shareholders. Radical approach to Production Sharing Agreement revision (Agreements on production section) taking into account a real assessment of expenses of the companies and those excess profits which they receive for the last 15-20 years is necessary. The real assessment of excess profits and an utayka from the country recipient of excess profits is necessary from multinational corporation branches.
Market repayment scanty a share on 10-15% not a solution, and extension of injurious development of our natural resources and the obrecheny republics for a role of the eternal minority shareholder for the sake of the insignificant income without the right of achievement of the real right of the manager owner of natural riches. It in line with established practices of relationship of the developed and raw suburbs of world economy. For the state as owner of a subsoil it is expedient to reach as soon as possible payback of costs for development and by that to receive a big share of shared profit. Participants or operators the more "wind" expenses, the more long they can "not share results" with the state recipient. So the companies operators on TShO, Kashagan, Karachaganaka arrive. We mean the British BJ, the Italian Eni, the American Chevron and other companies. At the end of 2008 "KazMunaiGas" considerably increased the share in the Kashagansky project, having turned from minority AgipKCO into the equal partner. But even in this case it must be kept in mind that situation of "the equal shareholder" on a share in company assets at the actual presence of 3-4-5 foreign shareholders can be nullified because on "fundamental questions" the foreign companies show "solidarity" and unite and the role of Kazakhstan from "equal" is reduced to the minority shareholder. From here and the strategic objective - to achieve a share 50+1 actions. In this provision of a question of unskilled management from Kazakhstan can't arise as our pseudo-liberals about an inefficiency of public administration in the conditions of the market because management, technological equipment will be defined by the general level, model of foreign management of identical multinational corporations like to expose it. The problem of increase of a role and share of Kazakhstan in the main relation of production – the property relations on taken nedrovy resources both theoretically and on the practical level form the main contents "in substantsionalny" aspect which determines hierarchy of the economic relations between the state and the resident companies by a share in assets of the companies shared and appropriated to profit. And strategically the problem of increase of the Kazakhstan contents in a decisive measure consists in consecutive increase of a share of Kazakhstan in actions of branches of multinational corporation in Kazakhstan.
The concept "Kazakhstan contents" in "The law on a subsoil and subsurface use" (on November 3, 2010, Kazinform. Astana) is treated utilitarianly, in applied aspect, without mentioning the property relation on nedrovy resources. In the Law having direct action, "the Kazakhstan contents" reveals first of all in aspect of increase in delivery of goods and services by domestic producers for needs of the companies oil and gas and mining branches. According to PSA LLP (ProductSharingAgreement) in one of the largest projects "Tengizshevroil" for 2010 the Kazakhstan contents in goods made 2,5% and 75,3% in works and services, in North Kaspiysk the project respectively - 1,9%, in works and services – 14,2%. All this work which is very difficult about compliance to requirements of the international standards, it is necessary to put on level of innovative modernization of the enterprises suppliers of the corresponding goods and services. It is a question of production of the equipment, components and services which need to be organized in Kazakhstan and to develop offers on their production, including on the basis of joint ventures.
The large foreign companies working in Kazakhstan, have own systems of a prequalification assessment for suppliers of goods and services with the databank, methodology, selection criteria. Besides corporate systems there are national and international systems of preliminary selection of suppliers. Therefore the problem of increase of the Kazakhstan contents in deliveries of goods also demands creation of the enterprises suppliers from Kazakhstan at the level of the international standards, orientation to release of the innovative and modernization production maintaining high standards of a prequalification assessment of the companies, national and international system of preliminary selection of suppliers. It is a question of formation of the high-competitive productions specialized on goods and services, answering to the international standards. Otherwise, branches of multinational corporation and other foreign investors without effort will orient on the domestic suppliers with the established relations that is favorable as well to foreign suppliers. And our companies suppliers will be naturally pushed aside on release and deliveries of elementary simplified production and rendering the elementary services which, finally and will form 1-3% from the total amount of deliveries and services. In this regard modernization of production of the Kazakhstan enterprises suppliers of goods and the services oriented on release of competitive production, is obviously important aspect of the forced industrialization and innovative development of the industry of Kazakhstan. As a result, all this will assist increase of the Kazakhstan contents in high-quality expression.
What it is necessary to make to change a situation in favor of the Kazakhstan companies in aspect of increase in deliveries of goods and services by domestic producers for needs of the foreign companies investors? Problem that foreign investments coming to the country, in principle, accustom the same foreign companies contractors whereas the Kazakhstan companies remain without contracts or to it перепадают subcontracts for the small sums. By the standard rule the Kazakhstan companies have to be general contractors, and foreign have to be attracted as subcontractors. In this direction there is, for example, Norway. It in 25-30 years of development of the fields in the North Sea could be beaten out in leaders on offshore drilling, construction of drilling platforms, in engineering and in many other questions. Kazakhstan in twenty years significantly didn't promote in increase in the Kazakhstan contents. According to foreign customers, at our companies quality of works doesn't conform to the international standards. When mastered Karachaganak, the prime contract of the general contract gave to the foreign company. On Tengiz there were two generations: on the first generation gave to the Turkish company "Enka", and the second already did by means of the Kazakhstan general contractors: all contracts were executed in time. The third field – Kashagan – too gave to the foreign companies. As a result the Kazakhstan budget receives less the solid additional income. Especially according to the agreement on the section of production (Production Sharing Agreement) all expenses which now investors do, in the future will become covered at the expense of oil, so-called "kostoil". And only the rest which will exceed it, will get as "profitoil" to distribution between the budget and foreigners. Such situation is characteristic for the above-noted leading oil and gas companies of the republic by which the stable tax mode for the entire period of action of contracts is provided. But these taxes the lowest. At "Chevron", for example, coefficient of tax loading about 8-9%, across Karmetkombinat – 2,4%. our businessmen pay 40-50%. Thus 84% arrived at the expense of oil and metal are taken out out of borders of the country whereas the scheme is absolutely opaque, at what price oil and gas is taken out and on sale. The foreign companies first of all are interested in today to make as much as possible expenses in order that in the future to receive more oil for a covering of the expenses and to save investments. Such maneuver is characteristic according to North Caspian project where commercial production on the pool is postponed for the fourth time, this time for 2014, and expenses and investments disproportionately grow. Today speak already about 136 billion dollars of investments. In reality out of these 136 billion dollars about 130 billion dollars through foreign investors will be brought: be it a way of realization of oil to repayment of expenses or direct export of profit of consortium. The mechanism of the agreement on the section of production is inefficient therefore, in principle, the state tries to leave, deliver from it a barrier to artificial overestimate of budgets by foreign investors to the detriment of interests of the republic. Meanwhile at the majority of oil-producing countries of the world the share received by them from the income, connected with oil production, is very high. For example, in Indonesia this indicator makes 88%, in Malaysia – 83%, in Nigeria – 86%, in Angola – 85%, in Norway – 83% and in China – 60%. Actually the agreement on the section of production (Production Sharing Agreement) doesn't consider interests of Kazakhstan. So, on a current Production Sharing Agreement to 80% of extracted oil goes on a compensation for expenses on its production and only 20% are made by profit which divide among themselves the investor and the state.
Due to the end of negotiations on the entry of Kazakhstan into the WTO (September, 2011) a question of implementation of the Program on development of the Kazakhstan contents (October, 2010) undoubtedly, it will be considerably complicated. In new terms of delivery of services for the companies working in the sphere of production of oil and gas, telecommunication, strategic, cross-border and financial services will decide according to new international standards of the WTO in aspect of openness and availability of goods and services of the relevant foreign companies showing a particular interest to branches and spheres of economy of Kazakhstan. According to the governmental program on development of the Kazakhstan contents for 2011 for oil and gas and mining branches indicators of 8% on goods and 81,1% on works and services of a domestic origin are put. For the companies subsoil users taking into account specifics of needs of the country to the program termination in 2014 it is necessary to reach a level in 16% on goods and 85% on works and services. Developers of the program with optimism estimate its realization as count on a transition period which will provide to Kazakhstan till 2020 in case of accession to WTO. As for the Customs union and the Common economic space, the legislation of RK will be finally optimized by 2017.
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