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KMG EP on decision of the Supreme Court

28th Jun 2011 08:00

RNS Number : 2365J
JSC KazMunaiGas Exploration Prod
28 June 2011
 



 

 

 

 

 

PRESS - RELEASE

 

JSC KazMunaiGas Exploration Productionannounces unfavourable decision of the Supreme Court

 

 

Astana, 28 June 2011. JSC KazMunaiGas Exploration Production ("KMG EP" or "the Company") announces the Supreme Court decision with respect to its claim that export customs duty should not be levied on oil exports in 2009 on which rent tax had already been paid. This claim refers to crude oil exports in Q1 2009, which were cleared for customs purposes at the end of 2008, and were subject to rent tax that KMG EP has paid in full.

 

In January 2009 the Customs authorities sent a notice to the company demanding the principal of 15.2bn Tenge and the late payment interest of 260 million Tenge in underpaid export customs duties. The Company was successful in its appeal against this decision with the Ministry of Finance, and had it revoked.

 

However, on August 18, 2009 the Customs committee of the Republic of Kazakhstan presented a claim to the Company of 17.5bn Tenge (US$119m) for underpaid export customs duty. On September 23, 2009 the Company filed the appeal with the Court of First instance on the grounds that the export shipments of crude oil, on which rent tax was fully paid per the regulations of the Republic of Kazakhstan, declared for customs clearance in December 2008. On December 1, 2009 the court of first instance ruled in favour of the Company.

 

However, on January 20, 2010 the appeal filed by the customs committee was upheld by the court of second instance. On February 8, 2010 the Company filed the further appeal with the third instance court. On March 9, 2010 the third instance court also ruled in favor of the customs authorities.

 

In March 2011 the Company appealed this matter to the Supreme Court of Kazakhstan. On June 23, 2011 the Supreme Court rejected the Company's request to review its claim. Therefore it has been confirmed that KMG EP should pay the underpaid export customs duty including the principal of KZT 15 billion, 260 million and the late payment interest of KZT 2.3 billion into the budget. These amounts had already been paid after the judgment of the third instance court but they were not charged to the profit and loss account as the Company expected a favourable judgment.

 

The Company is surprised at the Supreme Court's judgment as it had expected that the payment of export customs duty for the same volume of shipped oil for which the rent tax has already been paid would be deemed to be double taxation which is contradictory to legislation and fiscal policy principles declared in Kazakhstan. KMG EP is now considering whether there are further avenues which might provide protection of its rights and interests according to the law.

 

 

 

NOTES TO EDITORS

 

KMG EP is among the top three Kazakh oil and gas producers. The overall production in 2010 was 13.3mt (an average of 270kbopd) of crude oil, including the Company's share in Kazgermunai, CCEL, PKI and NBK. The total volume of proved and probable reserves, as at the end of 2010 was 232mt (1.7bn bbl), including shares in the associates - about 2.2 bn barrels. The Company's shares are listed on the Kazakhstan Stock Exchange and the GDRs are listed on The London Stock Exchange. The Company raised over US$2bn in its IPO in September 2006. The International rating agency Standard & Poor's (S&P) confirmed KMG EP's "BB+" corporate credit rating in July 2010 and "GAMMA-6" rating in November 2010.

 

 

For further details please contact us at:

 

KMG EP, Public Relations (+7 7172 97 7600)

Daulet Zhumadil

E-mail: [email protected]

 

KMG EP, Investor Relations (+7 7172 97 5433)

Asel Kaliyeva

E-mail: [email protected]

 

Pelham Bell Pottinger (+44 207 861 3147)

Elena Dobson

E-mail: [email protected]

 

 

Forward-looking statements

 

This document includes statements that are, or may be deemed to be, ''forward-looking statements''. These forward-looking statements can be identified by the use of forward-looking terminology including, but not limited to, the terms ''believes'', ''estimates'', ''anticipates'', ''expects'', ''intends'', ''may'', ''target'', ''will'', or ''should'' or, in each case, their negative or other variations or comparable terminology, or by discussions of strategy, plans, objectives, goals, future events or intentions. These forward-looking statements include all matters that are not historical facts. They include, but are not limited to, statements regarding the Company's intentions, beliefs and statements of current expectations concerning, amongst other things, the Company's results of operations, financial condition, liquidity, prospects, growth, potential acquisitions, strategies and as to the industries in which the Company operates. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances that may or may not occur. Forward-looking statements are not guarantees of future performance and the actual results of the Company's operations, financial condition and liquidity and the development of the country and the industries in which the Company operates may differ materially from those described in, or suggested by, the forward-looking statements contained in this document. The Company does not intend, and does not assume any obligation, to update or revise any forward-looking statements or industry information set out in this document, whether as a result of new information, future events or otherwise. The Company does not make any representation, warranty or prediction that the results anticipated by such forward-looking statements will be achieved.

 

This information is provided by RNS
The company news service from the London Stock Exchange
 
END
 
 
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