On the ratification of the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan on the intention of the Japanese Bank for International Cooperation to provide a loan to the Government of the Republic of Kazakhstan for the reconstruction of the road network of Western Kazakhstan

Home / International аgreements / On the ratification of the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan on the intention of the Japanese Bank for International Cooperation to provide a loan to the Government of the Republic of Kazakhstan for the reconstruction of the road network of Western Kazakhstan

On the ratification of the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan on the intention of the Japanese Bank for International Cooperation to provide a loan to the Government of the Republic of Kazakhstan for the reconstruction of the road network of Western Kazakhstan

Law of the Republic of Kazakhstan dated March 30, 2001 No. 168

To ratify the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan on the intention to provide The Japan Bank for International Cooperation issued a loan to the Government of the Republic of Kazakhstan for the reconstruction of the road network of Western Kazakhstan, completed in Almaty on April 1, 2000. President of the Republic of Kazakhstan

April 1, 2000 Almaty Protocol of discussions

In connection with the Exchange of Notes dated April 1, 2000 on the issue of granting a loan to Japan in order to support the economic stabilization and development process of the Republic of Kazakhstan (hereinafter referred to as the "Exchange of Notes") Representatives of the Japanese and Kazakh delegations wish to mention the following:

1. Regarding subparagraph (3) of paragraph 3 of the Exchange of Notes concerning the financing of agreed claims in the national currency of the Republic In connection with the implementation of the Western Kazakhstan road network reconstruction project mentioned in paragraph 1 of the Exchange of Notes (hereinafter referred to as the "Project"), the representative of the Japanese delegation stated that: (1) such claims in the national currency of the Republic of Kazakhstan as general administrative expenses, interest during construction, taxes and payments, office maintenance costs, payment of employees of executive agencies and housing provision, not directly related to the execution However, the Project, as well as the acquisition of land, compensation, etc., should not be considered eligible for the loan referred to in paragraph 1 of the Exchange of Notes (hereinafter referred to as the "Loan"); and (2) the purchase of products and/or services will be conducted in accordance with competitive bidding procedures, with the exception of cases where such procedures are inapplicable or inappropriate.

2. Regarding the Loan, the representative of the Japanese Delegation stated that any financial requirements for the Project exceeding the Loan amount provided under the loan agreement referred to in subparagraph (1) of paragraph 2 of the Exchange of Notes would be duly satisfied by the Government of the Republic of Kazakhstan to ensure the successful implementation of the Project.

3. Regarding subparagraph (1) of paragraph 3 of the Exchange of Notes, the two Delegations shared the view that the consultants from the designated countries were nationals of the designated countries of the party or legal entities controlled by nationals of the designated countries.

4. Regarding paragraph 8 of the Exchange of Notes, the representative of the Japanese delegation stated that the necessary measures would be taken to prevent the fact of any offer, gift or payment, consideration or benefit. These actions of an incentive or bonus nature in relation to the concluded contracts referred to in paragraph 3 of the Exchange of Notes may result from corruption in the Republic of Kazakhstan.

5. The representative of the Kazakh delegation stated that his Delegation had no objections to the statement of the Japanese Delegation mentioned above in paragraphs 1, 2 and 4.

Minister of Foreign Affairs, Ambassador Extraordinary and Plenipotentiary of the Republic of Kazakhstan Japan in the Republic of Kazakhstan Unofficial translation Note from Japan on April 1, 2000, Almaty Your Excellency,

I have the honor to confirm the following agreement recently reached between representatives of the Government of Japan and the Government of the Republic of Kazakhstan on the issue of granting a loan to Japan in order to support the economic stabilization and development process of the Republic of Kazakhstan:

1. Loan in the total amount of sixteen billion five hundred and thirty-nine million Japanese yen (Y16 539 000 000) (hereinafter referred to as the "Loan") It will be provided to the Government of the Republic of Kazakhstan by the Japan Bank for International Cooperation (hereinafter referred to as the "Bank") in accordance with Japanese law to carry out the reconstruction project of the road network of Western Kazakhstan" (hereinafter referred to as the "Project").

2. (1) The Loan will be available for use in accordance with the loan agreement concluded between the Government of the Republic of Kazakhstan and the Bank. The Loan period and terms, as well as procedures for its use, will be determined in accordance with the aforementioned loan agreement, which will contain the following principles:

(a) (i) the repayment period will be twenty (20) years after the end of the grace period of ten (10) years; (ii) the interest rate will be two point two per annum (2.2%); (b) notwithstanding the above condition of subparagraph (a), in the event that A portion of the Loan will be available to cover the consultants' expenses.: (i) the payment period for the said portion will be thirty (30) years after the end of the grace period of ten (10) years; His Excellency the Minister of Foreign Affairs of the Republic of Kazakhstan (ii) the interest rate on the said portion will be zero point seventy-five hundredths per annum (0.75%); and (c) the Loan will be granted for seven (7) years from the date of entry into force of the said loan agreement.

(2) The loan Agreement referred to in subparagraph (1) of this paragraph will be concluded after a positive review by the Bank of the feasibility study of the Project, including environmental issues. (3) The Loan Period referred to in subparagraph (1) of this paragraph (c) may be extended by agreement of the authorized authorities of the two Governments.

3. (1) The loan funds will be available to cover payments by the Kazakh executive agency to suppliers, contracting organizations and/or consultants representing an agreed list of countries under contracts that may arise between them for the purchase of products and/or services necessary for the implementation of the Project, provided that such products are manufactured and/oror the services are provided in/from these countries specified in the list. (2) The list of countries mentioned in subparagraph (1) will be agreed upon between the authorized authorities of the two Governments. (3) Part of the Loan may be used to cover the requirements in the national currency of the Republic of Kazakhstan related to the implementation of the Project.

4. The Government of the Republic of Kazakhstan will ensure that the products and/or services referred to in subparagraph (1) of paragraph (3) will be purchased in accordance with the Bank's procurement rules and the subsequent international tender procedure, except in cases where such a procedure is not applicable or inappropriate.

5. With regard to maritime transportation and marine insurance of products purchased under a Loan, the Government of the Republic of Kazakhstan will refrain from any restrictions that may hinder fair and free competition among maritime transport and insurance companies.

6. Japanese nationals whose services may be required in the Republic Kazakhstan in connection with the supply of products and/or services referred to in subparagraph (1) of paragraph (3), the conditions necessary for entry and residence in the Republic of Kazakhstan will be provided in order to perform their work.

7. The Government of the Republic of Kazakhstan will release: (a) The Bank from all fiscal payments and taxes in the Republic of Kazakhstan imposed on it and/or in connection with the Loan, as well as on interest on it; (b) Japanese companies acting as suppliers, contracting organizations and/or consultants from all fiscal payments and taxes in the Republic of Kazakhstan imposed on them in respect of income from the supply of products and/or the provision of Loan services; (c) Japanese companies acting as contracting organizations and/or consultants from all payments and tax duties in the Republic of Kazakhstan in relation to the import and re-export of their own materials and equipment required for the implementation of the Project; and (d) Japanese employees involved in the implementation of the Project from all fiscal payments and taxes in the Republic of Kazakhstan imposed on They relate to personal income received from payments from Japanese companies acting as suppliers, contract organizations and/or consultants.

8. The Government of the Republic of Kazakhstan will take the following necessary measures: (a) The Loan will be used appropriately and exclusively for the execution of the Project; and (b) facilities built with the Loan funds will be used and maintained efficiently and appropriately for the purposes described in this agreement.

9. The Government of the Republic of Kazakhstan will, upon request, provide the Government of Japan and the Bank with information and data on the progress of the Project. 10. The two Governments will consult each other on any issues that may arise from or be related to the aforementioned agreement. I also have the honor to propose that the present note and Your Excellency's reply, confirming the above in relation to The Government of the Republic of Kazakhstan was considered to have concluded an agreement between the two Governments, which will enter into force upon receipt Written notification by the Government of Japan to the Government of the Republic of Kazakhstan on the implementation of the necessary domestic procedures for the entry into force of such an agreement. I take this opportunity to renew to Your Excellency the assurances of my high esteem.

Ambassador Extraordinary and Plenipotentiary of Japan to the Republic of Kazakhstan

Note of the Republic of Kazakhstan

April 1, 2000 Almaty

Your Excellency,

I have the honor to confirm receipt of your note on this date on the following issue: "I have the honor to confirm the following agreement recently reached between representatives of the Government of Japan and the Government of the Republic of Kazakhstan on the issue of granting a loan to Japan in order to support the economic stabilization and development process of the Republic of Kazakhstan:

1. A loan in the total amount of sixteen billion five hundred and thirty-nine million Japanese yen (Y16 539 000 000) (hereinafter referred to as the "Loan") will be provided to the Government of the Republic of Kazakhstan by the Japan Bank for International Cooperation (hereinafter referred to as the "Bank") in accordance with the laws of Japan for the implementation of the reconstruction project of the Western railway network Kazakhstan" (hereinafter referred to as the "Project").

(a) (i) the repayment period will be twenty (20) years after the end of the grace period of ten (10) years; (ii) the interest rate will be two point two per annum (2.2%); (b) Notwithstanding the above condition of subparagraph (a), in the event that A portion of the Loan will be available to cover the consultants' expenses.: (i) the payment period for the said portion will be thirty (30) years after the end of the grace period of ten (10) years; Ambassador Extraordinary and Plenipotentiary Japan in the Republic of Kazakhstan

(ii) the interest rate on the said portion will be zero point seventy-five hundredths per annum (0.75%); and (c) the Loan will be granted for seven (7) years from the date of entry into force of the said loan agreement. (2) The Loan Agreement referred to in subparagraph (1) of this paragraph, will be concluded after a positive review by the Bank of the feasibility study of the Project, including environmental protection issues; (3) The Loan Period referred to in subparagraph (1) of this paragraph (c) may be extended by agreement of the authorized authorities of the two Governments.

3. (1) The Loan funds will be available to cover payments by the Kazakh executive agency to suppliers, contracting organizations and/or consultants representing an agreed list of countries under contracts that may arise between them for the purchase of products and/or services necessary for the implementation of the Project, provided that such products are manufactured and/oror the services are provided in/from these countries specified in the list. (2) The list of countries mentioned in subparagraph (1) above will be agreed upon between the authorized authorities of the two Governments. (3) Part of the Loan may be used to cover the requirements in the national currency of the Republic of Kazakhstan related to the implementation of the Project.

4. The Government of the Republic of Kazakhstan will ensure that the products and/or services referred to in subparagraph (i) of paragraph (3) will be purchased in accordance with the Bank's procurement rules and the subsequent international tender procedure, except in cases where such a procedure is not applicable or inappropriate.

6. Japanese nationals whose services may be required in the Republic Kazakhstan in connection with the supply of the products and/or services referred to in subparagraph (1) of paragraph (3), the conditions necessary for entry and residence in the Republic of Kazakhstan for the performance of their work will be provided.

7. The Government of the Republic of Kazakhstan will release: (a) The Bank from all fiscal payments and taxes in the Republic of Kazakhstan imposed on it and/or in connection with the Loan, as well as on interest on it; (b) Japanese companies acting as suppliers, contracting organizations and/or consultants from all fiscal payments and taxes in the Republic of Kazakhstan imposed on them with respect to income from the supply of products and/or the provision of Loan services; (c) Japanese companies acting as contracting organizations and/or consultants from all payments and tax duties in the Republic of Kazakhstan in relation to the import and re-export of their own materials and equipment required for the implementation of the Project; and (d) Japanese employees involved in the implementation of the Project from all fiscal payments and taxes in the Republic of Kazakhstan imposed on They relate to personal income received from payments from Japanese companies acting as suppliers, contract organizations and/or consultants.

8. The Government of the Republic of Kazakhstan will take the following necessary measures: (a) The Loan will be used appropriately and exclusively for the execution of the Project; and (b) the facilities built with the Loan funds will be used and maintained efficiently and appropriately for the purposes described in this agreement.

9. The Government of the Republic of Kazakhstan will, upon request, provide the Government of Japan and the Bank with information and data on the progress of the Project.

10. The two Governments will consult each other on any issues that may arise from or be related to the said agreement.

I also have the honor to propose that the present note and Your Excellency's reply, confirming the above in relation to The Government of the Republic of Kazakhstan was considered to have concluded an agreement between the two Governments, which will enter into force upon receipt By the Government of Japan, written notification to the Government of the Republic of Kazakhstan on the implementation of the necessary domestic procedures for the entry into force of such an agreement. I take this opportunity to renew to Your Excellency the assurances of my high esteem.

I also have the honor to confirm on behalf of the Government of the Republic Kazakhstan, that the Government of the Republic of Kazakhstan agrees with the above, and to agree that Your Excellency's note and this reply note should be considered as concluding an agreement between the two Which will enter into force upon receipt by the Government of Japan of a written notification from the Government of the Republic of Kazakhstan on the completion of the necessary domestic procedures for the entry into force of such an agreement.

I take this opportunity to renew to Your Excellency the assurances of my high esteem.

His Excellency

Minister of Foreign Affairs of the Republic of Kazakhstan

(Experts: Sklyarova I.V., Abramova T.M.)

President

Republic of Kazakhstan

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