International cooperation opens up new opportunities for business, but at the same time carries additional legal risks. Agreements with foreign partners require special attention to detail: from currency control to the choice of jurisdiction.
When entering into an agreement with a non-resident, companies in Kazakhstan face a number of nuances. One of the key issues is currency regulation. All settlements with foreign partners must be carried out in strict accordance with the Law of the Republic of Kazakhstan “On Currency Regulation and Currency Control.” Violations here lead to fines and administrative liability, so it is worth checking the terms of payment and the procedure for repatriating funds at the negotiation stage.
Taxation is no less important a factor. Income of non-residents sourced from Kazakhstan is taxed at the source of payment. In this case, it is the Kazakhstani side that bears the obligations of a tax agent. Incorrect qualification of a contract or untimely withholding of taxes often leads to additional charges, so it is important to engage specialists who can competently assess the tax implications of a transaction.
The force majeure clause requires special attention. International practice shows that different countries interpret force majeure circumstances differently. To avoid ambiguities, the contract should specify in detail which situations are recognized as force majeure, the notification procedure, and the consequences for the parties. This allows the company to protect its interests in unforeseen situations.
The choice of applicable law and jurisdiction should not be overlooked. If the contract does not contain clear terms on where and how disputes will be resolved, the company risks finding itself in a vulnerable position. By providing in advance for a mechanism for resolving disputes, whether through a state court, international arbitration, or mediation, legal and financial risks can be significantly reduced.
Finally, an important point is export control and permits. If the subject of the contract is the supply of goods or technology, it is necessary to ensure that all products comply with legal requirements and that the transactions are not subject to sanctions.
How FChain Can Help
At FChain, we understand the complexity of cross-border transactions and the challenges companies face when dealing with non-resident partners. Our team of experienced lawyers and tax specialists offers:
- Comprehensive contract review and drafting – ensuring compliance with Kazakhstani legislation and international standards.
- Currency regulation support – guidance on lawful settlements, repatriation of funds, and proper structuring of financial terms.
- Tax consulting and optimization – correct assessment of tax obligations and reduction of risks related to withholding taxes and double taxation.
- Dispute resolution strategy – helping you choose the most advantageous jurisdiction, arbitration rules, or mediation mechanisms in advance.
- Export control and compliance assistance – verifying goods and technologies for legal restrictions and ensuring smooth transactions.
The conclusion is simple: contracts with non-residents require a comprehensive approach. Companies that carefully draft contract terms and engage lawyers to review them minimize risks and ensure the reliability of international partnerships. FChain lawyers are a reliable partner for business in this regard. Our team will help you competently draft and review contracts with non-residents, take into account all legal nuances, and protect your interests at the international level.
Prepared by:
Sergey Gaidarov and Dinara Kalizharova
Legal Department of FChain Kazakhstan
September 19, 2025