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Strategic Digital Mining Requirements from August 2026 - FCHAIN
Strategic Digital Mining Requirements from August 2026
From 1 August 2026, the Rules for Strategic Digital Mining have been in effect in Kazakhstan, approved by Resolution No. 638 of the Government of the Republic of Kazakhstan dated 18 July 2026. The document establishes the procedure for digital miners to participate in strategic digital mining, including requirements for applicants, the list of supporting documents, the procedure for their review, and specific obligations of participants. The new rules are relevant to companies planning to engage in strategic digital mining in Kazakhstan. To participate, companies must meet established requirements relating to infrastructure, computing capacity, connection to power grids, financial obligations, property, data transmission channels, and equipment maintenance.
Digital Mining Concept
Under the Rules, digital mining is the process of performing computational operations using computing power in accordance with specified encryption algorithms. This process ensures verification of the integrity of data blocks through blockchain technology. The Rules also define a digital mining data centre as a digital infrastructure facility comprising hardware and software for digital mining and supporting the operation of computing capacity. Such a facility must be located outside a residential area and use electricity in accordance with the legislation of the Republic of Kazakhstan on the electric power industry. A digital mining pool is defined as a legal entity accredited in accordance with Kazakhstan’s legislation on digital assets. It provides services for pooling the computing capacity of digital miners’ hardware and software and distributes among digital miners the digital assets generated as a result of their joint activities.
Application Procedure
A digital miner planning to engage in strategic digital mining must submit the relevant application to the authorised body. The application may be submitted through the office of the authorised body or via the State Database “E-Licensing” digital platform at eLicense.kz. The application form is established by the Rules. The application must be accompanied by documents confirming that the digital miner meets the established requirements.
Requirements for the Data Centre
One of the key requirements is that the digital miner must own a digital mining data centre with a capacity of at least 150 MW. In addition, technical specifications must be in place for connection to power grids exclusively from transformer substations with a voltage of 35 kV or higher and an authorised capacity of at least 1 MW. The Rules therefore establish specific requirements for the digital infrastructure facility and its power supply, which the digital miner must confirm when submitting the application.
Equipment Requirements
Separate requirements apply to digital mining equipment. The applicant must have digital mining hardware and software, with each unit providing computing capacity — a hash rate — of at least 150 TH/s. Compliance with this requirement must also be confirmed by the documents submitted with the application.
No Outstanding Obligations to the State Budget
To engage in strategic digital mining, the applicant must have no outstanding mandatory payments to the state budget. The Rules specifically require the absence of outstanding liabilities, including taxes, fees, mandatory pension contributions, and social contributions. Therefore, when preparing an application, a company must consider not only technical and infrastructure requirements but also the status of its obligations to the state budget.
Requirements for the Digital Miner’s Property
The Rules establish a separate requirement concerning property owned by the participant — the digital miner. Such property must be free from encumbrances in the form of pledges, seizures, restrictions on disposal, and other limitations on the right to dispose of the property. Compliance with this condition is among the requirements that must be supported by documents when applying to engage in strategic digital mining.
Internet Connectivity
Another mandatory requirement is the existence of at least two agreements with telecommunications operators for the provision of data transmission services and Internet access. The digital miner must provide documentary evidence of the relevant contractual relationships with telecommunications operators. A service centre for the repair of digital mining hardware and software must also be located within the digital mining data centre. In addition, personnel responsible for operating the equipment must have documents confirming their relevant qualifications. Under the Rules, such documents may include diplomas, qualification certificates, training certificates issued by equipment manufacturers, or other documents confirming education and professional training as provided for by the legislation of the Republic of Kazakhstan. The requirements therefore apply not only to infrastructure and equipment but also to the organisation of technical maintenance and the qualifications of personnel.
Review of the Application and Documents
After receiving the application and supporting documents, the authorised body reviews them. The review period is three business days from the date the documents are received. During this period, the authorised body verifies the completeness of the submitted application and supporting documents, as well as the accuracy of the information contained in them. For this reason, the completeness of the documentation package and the accuracy of the information provided are particularly important when preparing an application.
Annual Independent Audit
Digital miners engaged in strategic digital mining are subject to a separate obligation to provide the results of an independent audit. Each year, no later than 1 April of the year following the reporting year, a digital miner must submit to the authorised body a report on the results of an independent audit of the financial statements relating to strategic digital mining activities. The requirements of the Rules therefore apply not only at the stage of obtaining the right to conduct the relevant activities but also to the subsequent fulfilment of established obligations.
When Participation in Strategic Digital Mining Is Terminated
The Rules establish several grounds for terminating a digital miner’s participation in strategic digital mining.
Participation is terminated:
- at the digital miner’s own initiative on the basis of a written application;
- if the digital miner refuses to enter into the agreements specified in Clause 10 of the Rules;
- if the material terms of the agreements specified in Clause 10 of the Rules are not fulfilled.
Companies engaged in strategic digital mining should take these grounds into account not only when commencing their activities but also when fulfilling the relevant contractual obligations.
Key Considerations for Digital Miners
The Rules for Strategic Digital Mining establish a comprehensive set of requirements for companies planning to operate in this area. These requirements cover ownership of a digital mining data centre, its capacity and connection to power grids, equipment specifications, the absence of outstanding liabilities and property encumbrances, agreements with telecommunications operators, the availability of a service centre, and qualified personnel. Once operations have commenced, digital miners remain subject to ongoing obligations, including the annual submission of a report on the results of an independent audit of the financial statements relating to strategic digital mining activities. Companies should therefore assess their compliance with the established conditions in advance and ensure that the necessary processes are properly documented.
Professional Services by FChain
Strategic digital mining activities involve compliance with established requirements, preparation of documentation, contractual relationships, and management of legal aspects of business operations. FChain provides the following services in the relevant areas:
- Legal Support for Business — legal advice on Kazakhstan’s legislation and legal support on matters arising in the course of the company’s business activities.
- Legal Audit — a comprehensive review of the legal aspects of the company’s operations, documents, and contractual relationships to identify potential legal risks.
- Contract Drafting — preparation, drafting, and legal support of contractual documentation required for the company’s operations.
- Company Registration — support throughout the process of establishing and registering a legal entity in Kazakhstan, including the preparation of the necessary corporate documents.
Comprehensive legal support enables businesses to organise contractual and corporate processes systematically and to address the requirements applicable to their activities in a timely manner.
Key Changes to the Labour Code of Kazakhstan in August 2026
Prepared by: Anel Kosmaganbetova
Assistant to the Director
FChain Kazakhstan
📩almaty@f-chain.com
WhatsApp: +7 771 214 1820
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