On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the conditions of stay of the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan

Decree of the President of the Republic of Kazakhstan dated July 18, 1995 N 2363

 In accordance with Article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I hereby decree:      

1. To ratify the Agreement between the Government of the Republic of Kazakhstan and the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the conditions of stay of the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan, signed in Almaty on June 1, 1995. 2. This Decree comes into force from the date of publication. President of the Republic of Kazakhstan Agreement between the Government of the Republic of Kazakhstan and the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the conditions of stay of the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan <*> (informal text)      

The Government of the Republic of Kazakhstan (hereinafter referred to as the Government) on the one hand and the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan (hereinafter referred to as the Executive Committee) on the other, hereinafter referred to as the Parties, based on the Decision of the Heads of State of the Republic of Kazakhstan, the Kyrgyz Republic, and the Republic of Uzbekistan dated July 8, 1994, noting that the seat of the Executive Committee - The city of Almaty was determined based on the fact that the Executive Committee should be provided with the opportunities necessary to perform the tasks assigned to it, and its immunities, benefits and privileges were provided, agreed as follows:                              

Article 1 For the purposes of this Agreement, the following terms have the following meaning: "Executive Committee" - the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan.      "Chairman of the Executive Committee" is a person who heads the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan, appointed by the Council of Prime Ministers of the Participating States, approved by the Interstate Council with the rank of Minister.;      "Deputy Chairmen of the Executive Committee" - persons who are Deputy Chairmen of the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan, appointed by the Council of Prime Ministers of the Participating States with the rank of First Deputy Minister; "Executive Committee staff" - persons working in the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan, including on a quota basis, with the exception of technical and maintenance personnel.                              

Article 2 The Parties proceed from the fact that the Executive Committee is a permanent executive body of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic, and the Republic of Uzbekistan and carries out its activities in accordance with the decisions of the Interstate Council and the Council of Prime Ministers of the Participating States, the Treaty on the Single Economic Space, interstate and intergovernmental Agreements, and the Regulations on the Executive Committee of the Participating States.participants.      The Government recognizes that the Executive Committee is a legal entity in the territory of the Republic of Kazakhstan and therefore has the right to: - possess separate property; - acquire property, personal non-property rights and obligations on its behalf; - be a plaintiff and defendant in court instances.                              

Article 3 The Government, on the terms accepted in international practice, provides the Executive Committee with the necessary premises, organizational, logistical, financial and economic conditions for holding meetings of the Interstate Council, the Council of Prime Ministers, the Council of Foreign Ministers, and expert groups. The Government assumes that the Executive Committee takes measures for proper maintenance, operation and He will not use the premises provided to him and will not take measures or commit actions capable of damaging them and leading to a deterioration of his condition.      The procedure and conditions for the ownership, use and disposal of Executive Committee premises or part of them are determined by separate agreements.      The Government agrees that the purchase of housing for the needs of the Executive Committee will be carried out in accordance with the established procedure through purchase or construction on a shared basis at the expense of the Executive Committee.      The Government recognizes that the property of the Executive Committee in the form of buildings, structures, equipment, and other movable and immovable property listed on the balance sheet is its property and in the event of a change in the location of the Executive Committee or termination of its activities in the territory of the Republic of Kazakhstan, as well as in other necessary cases, the Executive Committee has the right to alienate the above.      The property assigned to the Executive Committee on the basis of lease, on the right of operational management or otherwise, is not subject to seizure by the host country for the entire period of its activity on its territory.      The property of the Executive Committee located on the territory of the Republic of Kazakhstan enjoys immunity from search, requisition, expropriation, confiscation or any other form of interference.                              

Article 4 The Government grants the Executive Committee the right to use ciphers, courier and other special types of communication that ensure the confidentiality of information transmission in accordance with the procedure and under the conditions established for state authorities and management of the Republic of Kazakhstan.      The relevant services of the Republic of Kazakhstan, within the limits of their powers, provide the Executive Committee with the necessary services in accordance with the established procedure at prices and tariffs approved for public sector organizations.                              

Article 5 The Government recognizes that the Chairman of the Executive Committee has the same privileges, privileges, and immunities as the head of a diplomatic mission accredited in the Republic of Kazakhstan.      The Vice-Chairmen and the staff of the Executive Committee enjoy privileges, privileges and immunities in the territory of the Republic of Kazakhstan, as well as diplomatic agents, in accordance with the Vienna Convention on Diplomatic Relations of 1961.      They have the right to import duty-free furniture, household items and other property forming part of their personal baggage upon assuming office, as well as the right to export duty-free in case of termination of service in the Executive Committee.      Employees of the Executive Committee who have the citizenship of the Republic of Kazakhstan enjoy immunity from jurisdiction and inviolability with respect only to official actions performed by them in the performance of their official duties.      Family members living together with the persons specified in part I and II of this article enjoy the same privileges, facilities and immunities if they are not citizens of the Republic of Kazakhstan.                              

Article 6 The Government of the Republic of Kazakhstan assumes that persons enjoying immunities and privileges under this Agreement respect the sovereignty and legislation of the Republic of Kazakhstan and will not take actions detrimental to the interests and rights of the Republic of Kazakhstan.                              

Article 7 The Executive Committee for activities carried out within its competence is exempt from: - customs duties and charges on the import and export of property, items for official use, as well as its own publications; - payment of state duties; - income from statutory activities, except for income from entrepreneurial activities, is exempt from taxation.                              

Article 8 The Executive Committee has the right to: open and maintain accounts in any currency and transfer any currency available in its accounts to any other; transfer its funds or currency within the Republic of Kazakhstan or from the Republic of Kazakhstan to another country and vice versa; has the right to prompt and duty-free issuance of visas or permits where necessary.                              

Article 9 The Executive Committee may display and install the flags of the participating States, as well as the flag and emblem of the Executive Committee on its buildings and official vehicles.                              

Article 10 In case of disputes concerning the interpretation or application of the provisions of this Agreement, the parties will resolve them through negotiations, taking into account the practice of international law.      Amendments or additions may be made to this Agreement by mutual agreement of the parties.                              

Article 11 In case of termination of the activities of the Executive Committee in the territory of the Republic of Kazakhstan, this Agreement becomes invalid after the settlement of all property and non-property legal relations in the host country.                              

Article 12 This Agreement shall enter into force from the date on which the Republic of Kazakhstan completes its internal procedures.

Done in Almaty on June 1, 1995, in two original copies in the Russian and Kazakh languages, both texts having the same legal force. One copy is kept in the archives of the Government of the Republic of Kazakhstan, and the other in the Executive Committee.  

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