Yelge Qaitaru Foundation: Open Letter to President Tokayev

President of the Republic of Kazakhstan

Tokaev K‑Zh.K.

Nur-Sultan

Mangilik El, 6

Government House

Dear Kassym-Jomart Kemelevich!

A pub­lic foun­da­tion “Elge Kaitaru” (here­inafter referred to as the Foundation) express­es its respect to you.

Our Fund was cre­at­ed by car­ing cit­i­zens of the coun­try to facil­i­tate the return of ille­gal­ly with­drawn assets as well as ille­gal­ly pri­va­tized large pre­vi­ous­ly state-owned enter­pris­es to the prop­er­ty of the Republic of Kazakhstan. The Fund sees the com­plete dis­man­tling of the cor­rup­tion sys­tem in the econ­o­my, the restora­tion of law and jus­tice, and the pro­vi­sion of equal oppor­tu­ni­ties for all cit­i­zens of the coun­try as its major goals.

As the first steps in its activ­i­ties, the Foundation sent appeals to the first heads of the coun­try’s law enforce­ment agen­cies — mem­bers of the Interdepartmental Commission on Combating the Illegal Concentration of Economic Resources on the fol­low­ing issues:

- check­ing the pres­ence of assets worth about $8 bil­lion dol­lars in the Nazarbayev Fund, check­ing the sources of for­ma­tion of this Fund for cor­rup­tion. It is puz­zling that the Foundation, offi­cial­ly engaged in edu­ca­tion­al activ­i­ties, turned out to be the own­er of banks, hotels, telecom­mu­ni­ca­tion com­pa­nies, golf cours­es and aircraft;

- ver­i­fi­ca­tion of the cir­cum­stances of the trans­ac­tion for the sale in 2003 of the state block­ing stake (25.12%) of JSC CNPC-Aktobemunaigaz through trad­ing on the Kazakhstan Stock Exchange. The cir­cum­stances of the trans­ac­tion allow us to believe that the price of the shares being sold was sharply under­es­ti­mat­ed, and the theft amount­ed to sev­er­al hun­dred mil­lion dol­lars. In addi­tion, as a result of this trans­ac­tion, Arvind Tiku, a trustee of Timur Kulibayev, unlaw­ful­ly mis­ap­pro­pri­at­ed $165.9 mil­lion dollars;

- ver­i­fi­ca­tion of the fact of the acqui­si­tion in November 2009 by the state oil com­pa­ny Kazmunaigaz of 100% of the shares of JSC Mangistaumunaygaz, accord­ing to which the bud­get of Kazakhstan did not receive respec­tive tax­es in the amount of $1.8 bil­lion unpaid by Central Asia Petroleum Ltd., among the own­ers of which were Timur Kulibaev and Lakshmi Mittal;

- ver­i­fi­ca­tion of the cir­cum­stances of the acqui­si­tion in 2011 by KazMunayGaz of a 100% stake in the autho­rized cap­i­tal of Aktaunefteservis LLP, the ulti­mate ben­e­fi­cia­ry of which at that time was the Chairman of the Board of the National Wealth Fund Samruk-Kazyna Timur Kulibayev, and the facts of the sale to a group of per­sons lead­ed by Timur Kulibaev, in 2004–2007 as non-core assets of all ser­vice enter­pris­es owned by the nation­al com­pa­ny KazMunayGaz for nothing;

- ver­i­fi­ca­tion of the activ­i­ties of all for­eign sub­sidiaries of KazMunayGaz (in par­tic­u­lar, KazMunayGaz AG (Lugano, Switzerland), from whose accounts expen­sive pri­vate events were paid for with state money;

- ver­i­fi­ca­tion of the facts of the takeover by the off­shore com­pa­ny Harad Operation UK Limited (the ulti­mate ben­e­fi­cia­ry Timur Kulibayev) of 50% of the shares of a sub­sidiary of JSC KazakhstanTemirZholy — Kamkor Management, as well as the cir­cum­stances of the sale in 2015 of the remain­ing 50% of state-owned “Kamkor Management” for a ridicu­lous amount.

In con­nec­tion with the fore­go­ing, we ask you to instruct the mem­bers of the Commission to care­ful­ly and com­pre­hen­sive­ly study these facts and take the course of the ver­i­fi­ca­tion under spe­cial control.

Best regards,

Bulat Abilov

Urazaly Yerzhanov