On approval of the consular agreement between the Republic of Kazakhstan and Turkmenistan

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Law of the Republic of Kazakhstan dated February 16, 1999 No. 345-I

Almaty to approve the consular agreement between the Republic of Kazakhstan and Turkmenistan, concluded on February 27, 1997.

The Republic Of Kazakhstan

President

Between the Republic of Kazakhstan and Turkmenistan

Consular agreement

(Bulletin of international treaties of the Republic of Kazakhstan, 2001, No. 3, Article 22) (entered into force on April 10, 2000 - "Bulletin of diplomacy", Special Issue No. 2, September 2000, page 95)

The Republic of Kazakhstan and Turkmenistan, hereinafter referred to as the "Contracting Parties", guided by the desire to promote the development of their consular relations to protect the rights and interests of the two states, as well as their citizens, to strengthen friendship and cooperation between the contracting parties, decided to conclude this Treaty on the basis of the provisions of the Vienna Convention on Consular Relations of April 24, 1963, and agreed on:

PART I

Definitions

Article 1

The terms set out below in this Agreement mean: 1) "consular office" means any Consulate General, Consulate, viceconsular or consular agency; 2) "consular district" means an area allocated to the Consular Office for the performance of consular functions; 3) " head of the consular office "means a person assigned to perform consular functions of this quality; 4)" Person of consular service " means any person assigned to perform consular functions of this quality, including the head of the consular office; 5)" consular officer " - means any person performing administrative and technical duties in a consular institution; 6)" service personnel officer "- means any person performing service duties in a consular Institution; 7) "service personnel of a consular institution" - means persons of the consular service, consular personnel and service personnel; 8)" family member " - means the wife (husband), children of employees of the Consular Office, parents, as well as other persons living with them and their dependents; 9)" private housekeeper "-means only a person who is in the private home service of an employee of the Consular Office; 10) "citizen" - means any person corresponding to the state to which the representative office is sent or to the state where the consulate is located in accordance with the laws of these states; 11)" consular premises "-means a house or part of the house used only for the purposes of the consular institution and a land plot that serves this house or part of the house, whoever owns the ownership of them; 12)" consular archives " - means registers of the consular institution, when all papers, documents, correspondence, books, films, technical means of supplementing and using information, ciphers and codes, card files and any of the equipment; 13)" ship " - means any civil vessel that has the right to raise the flag of the state that sent the representative office; 14)" aircraft " - means any civil aircraft that has signs of recognition of the state that sent the representative office.

PART II GENERAL PROVISIONS ON CONSULAR RELATIONS

Article 2 opening of a consular institution 1. A Consular institution may be opened on the territory of the state in which it is located only with the consent of this state. 2.the location of the Consular institution, its rank and consular district, as well as any changes in this regard, are determined only by agreements between the state sending the representative office and the state in which the consulate is located.

Article 3

Appointment and admission of heads of consular institutions 1. In order to appoint the head of a consular institution, the sending State must obtain the prior consent of the receiving State. If the state in which the consulate is located does not agree to this, then it is not obliged to inform the reasons for its decision. 2. The sending State shall submit to the Ministry of Foreign Affairs of the receiving State a consular patent or an application for the appointment of the head of the consular institution. 3. After the consular patent is presented, the state in which the consulate is located issues an exequature to the head of the consular institution as soon as possible. 4.the head of the Consular institution may begin to perform his / her duties after the state in which the consulate is located has issued him / her an exequature. 5.the state in which the consulate is located may temporarily allow the head of the consular institution to perform his / her duties before issuing an exequatur. 6. After granting the head of the consular institution an exequature or permission to temporarily perform his / her duties, the state in which the consulate is located promptly notifies the authorities of the consular district and takes all necessary measures to provide the head of the consular institution with the opportunity to perform his / her duties and use them with all the rights, benefits, privileges and immunities provided for in this Agreement.

Article 4 temporary performance of the functions of the head of the consular institution 1. if the head of the consular institution is unable to perform his functions or if the position of the head of the consular institution is temporarily vacant, the functions of the head of the consular institution may be temporarily performed by the executor of the duties of the head of the consular institution. 2. The full name and surname of the executor of the duties of the head of the Consular Office shall be notified to the Ministry of foreign affairs of the state in which the consulate is located by the head of the consular office or any competent authority of the state that sent the representative office, if he does not have the conditions to do so. As a general principle, this notification is made in advance. 3.the competent authorities of the state in which the consulate is located provide assistance and protection to the executor of the duties of the head of the consular institution. When he performs the functions of the head of the consular institution, the provisions of this Agreement apply to him to the same extent as to the head of the consular institution.

Article 5 the state that has sent the mission to declare the appointment, arrival and departure to the state in which the consulate is located, through its competent authorities, declares in writing to the Ministry of Foreign Affairs of the state in which the consulate is located: 1) surname, first name, nationality, rank, position of the employees of the consular office, the date of their arrival and final departure, or the termination of their functions, 2) surname, first name, citizenship, date of arrival, date of final departure of family members of each employee of the consular institution, as well as whether one or another person is a family member or not. The competent authorities of the state in which the consulate is located issue a free certificate to employees of the consular institution and their family members, with the exception of those who are citizens of the state in which the consulate is located or permanently residing in it, in accordance with the procedure established in this state.

Article 6 citizenship of persons of the consular service persons must be citizens of the state to which the representative office was sent.

Article 7

Honorary consular service persons each of the Contracting Parties is free to decide on the appointment or reception of honorary consular service persons. The appointment of a person of honorary consular service issues of determining his status and functional duties are resolved by the contracting parties through diplomatic channels.

Article 8

Persons deemed" PERSONA NON GRATA "or unacceptable May, at any time by the state in which the consulate is located, declare to the state to which the representative is sent, that one or another person of the consular service is" persona non grata", or that any consular officer, service personnel officer is deemed unacceptable, without obligation to prove its decision. In this case, the state that sent the representative office must recall the corresponding person from the consular office. If the state sending the representative office does not fulfill its obligations within a reasonable period, then the state in which the consulate is located may refuse to recognize such a person as an employee of the consular office or cancel the exequature of this person.

SECTION III

CONSULAR FUNCTIONS

Article 9

GENERAL PROVISIONS

Rights of a person of the Consular Service: 1. protection of the rights and interests of the state, its citizens, as well as legal entities, providing them with assistance and assistance. 2.assistance in the development of trade, economic, legal, tourist, environmental, scientific, technical, information, cultural and humanitarian relations between the state sending the representative office and the state in which the consulate is located, as well as in other ways assistance in the development of friendly relations between them. 3. To determine by all legal means the conditions and events of the trade, economic, cultural, scientific life of the state in which the consulate is located, to inform the government of the state that sent the representative office about them. 4.performance of other functions assigned to the Consular Office of the state to which the representative office is located, not prohibited by the laws and regulations of the state in which the consulate is located.

Article 10 functions on civil and civil status 1. a person of the consular service must: 1.1. keep records of citizens of the state to which the representative office was sent; 1.2. accept any applications on Civil Affairs; 1.3. receive messages from the competent authorities of the state where the consulate is located about the birth and death of citizens of the state to which the representative office was sent, register the birth and death of such citizens and draw up relevant acts; 1.4. 1.5.the right to register the dissolution of marriages between citizens of the state that sent the representative office in accordance with the laws of the state that sent the representative office. 2.the provisions of Paragraph 1 of this article do not exempt interested persons from the obligation to comply with the laws and regulations of the state in which the consulate is located.

Article 11 functions on issues of passports and visas a person of the Consular Service shall: 1. issue, restore, invalidate passports to citizens of the state to whom he / she has sent a representative office, extend their validity period, make the necessary marks on them, as well as issue other documents that give citizens the right to cross the border; 2. the state that sent the representative office has the right to issue, renew, cancel entry visas, as well as issue visas for transit through its territory.

Article 12 formalization and certification 1.a person of the Consular Service has the right to carry out the following actions: 1.1. drawing up acts and documents for use in the state of sending the representative office and abroad at the request of any citizen; 1.2. translating official acts and documents into the language of the state of sending the representative office or the state in which the consulate is located and certifying that these translations correspond to the original; 1.3. registration of official documents, copies and extracts, as well as translations of these documents; 1.4. certification of signatures and seals on documents issued by the competent authorities of the state that sent the representative office, and signatures and seals of the Ministry of foreign affairs of the state where the consulate is located; 1.5 performance of any other notarial functions assigned by the state that sent the representative office. 2. Documents drawn up, formalized or certified by a person of the Consular Service have the same legal force as documents drawn up or certified by the competent authorities of that state, if they do not contradict the laws and norms of the state in which the consulate is located.

Article 13 statement of detention, arrest, arrest and stay 1. the person of the relevant consular service shall be notified by the competent authorities of the state in which the consulate is located, without delay, but no later than three days, of the detention or arrest or restriction of liberty of a citizen of the state to which the representative is sent. At the same time, the competent authorities of the state in which the consulate is located immediately submit any message sent by this person to the consular institution. 2.the competent authorities of the state in which the consulate is located shall ensure the rights of a person of the consular service to communicate, visit or contact with such a citizen, including providing him with the necessary legal assistance, within four days from the moment of notification of the detention, arrest or restriction of liberty of a citizen of the 3. The competent authorities of the state in which the consulate is located declare to the relevant citizen of the state to whom the representative office is sent, his rights in accordance with paragraphs 1 and 2 of this article. 4.the rights specified in Paragraphs 1 and 2 of this article shall be exercised in accordance with the laws and regulations of the state in which the consulate is located, but these laws and regulations shall assist in the full realization of the purposes for which the rights provided for in this article are intended.

Article 14 providing assistance to citizens of the state that sent the representative office 1.a person of the consular service shall: 1.1. communicate and visit any citizen of the state that sent the representative office who is in the territory of the consular district, and the state where the consulate is located shall not interfere with relations between the citizens of the state that sent the representative office and the consular office and shall not limit their freedom of entry into the consular office; 1.2. accept property, money, valuables and documents of any person of the state that sent the consulate for temporary storage, if this does not contradict the laws and regulations of the state in which the consulate is located; 1.3. make a request to the competent authorities of the state where the consulate is located for the immediate transfer of information related to any incident, seizure of cars and accidents involving citizens of the state that sent the consulate; 1.4. in the search for missing citizens of the state that sent the representative office, the competent authorities of the state where the consulate is located have the right to request assistance. 2. If a citizen of the state to which the representative is sent cannot protect his rights and interests in due time, then the person of the consular service, in accordance with the laws and regulations of the state in which the consulate is located, represents on behalf of this citizen in the courts and other competent bodies of the state in which the consulate is located, or

Article 15 guardianship and intercession 1. the competent authorities of the state in which the consulate is located shall immediately notify the Consular Office of the need to appoint guardianship or intercession to a disabled or disabled citizen of the state who has sent a representative office to the consular office. 2. A person of the consular service has the right, in accordance with the laws and regulations of the state in which the consulate is located, to represent or appoint a guardian or intercessor to such a person and to monitor the rights and interests of an incapacitated citizen of the state to whom the representative is sent, or with limited ability to act on his own behalf, if necessary, and to monitor actions related to guardianship and intercession.

Article 16 death notice in the event of the death of a citizen of the state that sent the representative office in the state where the consulate is located, the competent authorities of the state where the consulate is located immediately notify the Consular Office of this and, at its request, issue him a death certificate or other documents related to the death.

Article 17

Functions related to inheritance 1. If a citizen of the sending State has died in the receiving State, his inheritance remains in that State and there are no heirs in that State, the competent authorities of the receiving State shall immediately notify the consular institution of this. 2.a person of the Consular Service has the right to participate in the compilation and transfer of a list of property by the competent authorities of the state in which the consulate is located, if there is an inheritance specified in paragraph I of this article. 3. If the inheritance of a deceased citizen is opened on the territory of the state in which the consulate is located, regardless of his citizenship, the competent authorities of the state in which the consulate is located shall notify the consular office without delay. 4. A person of the consular service may represent this citizen in the courts or other competent bodies of the state in which the consulate is located, if a citizen of the state sending a representative has the right to receive an inheritance in the state in which the consulate is located, or disputes the right to receive it, but he or his representative cannot participate in the consideration of the inheritance case. 5. A person of the consular service has the right to receive from the state where the consular service is located any type of inheritance belonging to it for transfer to this citizen on behalf of a citizen of the state to which the representative office is sent, who does not permanently reside in the state where the consulate is located. 6. In case of death in this state of a citizen of the state sending the representative office who does not permanently reside in the state where the consulate is located, and there are no relatives or his representative in the state where the consulate is located, the consular service person has the right to immediately take the documents, funds and personal property of the deceased person for temporary storage for transfer to heirs, regulators or other authorized persons. 7.when performing the functions specified in paragraphs 4, 5, 6 of this article, a person of the consular service is obliged to follow the laws and regulations of the state in which the consulate is located.

Article 18 assistance to ships of the state that sent the representative office 1. a person of the Consular Service has the right to provide assistance to the ships of the state that sent the representative office, the captain and the crew members of these vessels, who are in the internal waters or territorial waters of the state in which the consulate is located, within its consular district, as well as to: 1.1. investigate any accident that occurred while sailing, without prejudice to the rights of the state in which the consulate is located; 1.3 resolve disputes between the captain and crew members, including disputes regarding wages and obligations stipulated by the lease agreement, as well as take safety measures on board the ship; 1.4. take measures to provide medical care or repatriate the captain of the ship and any 1.6. has the right to accept, review, draw up, sign or certify documents related to the ship; to resolve other problems related to the ship on behalf of the state sending the representative office. 2.The captain and crew members have the right to contact the person of the consular service directly in compliance with the laws and regulations of the state in which the consulate is located.

Article 19 protection against coercion measures against the ship of the state sending the representative office 1. if the courts and other competent authorities of the state in which the consulate is located have intended to carry out coercion measures against the ship of the state sending the representative office or conduct any investigation on board it, they shall declare this to the consular office earlier in the day so that a person of the consular service or his representative may participate in the implementation of such measures. If, due to the urgency of the issue, it is not possible to report the date to the consular office before, then the consular office must be immediately informed about the activities carried out by the competent authorities of the state in which the consulate is located, and the results of the actions taken at the request of the person of the consular service. 2.the provisions of Paragraph 1 of this article also correspond to the actions taken by the competent authorities of the state in which the consulate is located in relation to the captain or one of the crew members of the vessel on the dry. 3. The provisions of Paragraphs I and 2 of this article do not apply to routine inspections carried out by Customs Services, Port administrations, quarantine, border control system, as well as in the course of taking measures aimed at ensuring the safety of navigation at sea or preventing water pollution. 4. The competent authorities of the state in which the consulate is located may not interfere in the internal affairs of the ship of the state in which the consulate is located, unless they have not violated the peace, security and Public Order of the state in which the consulate is located, except in cases where the consular service is carried out by mutual agreement or by agreement of the person of the consular service of the state in which the consulate is located. 5.this article does not affect the rights and obligations of the contracting parties arising from multilateral treaties to which they are participants.

Article 20 assistance to ships that have crashed in inland waters and territorial waters 1. if the ship of the state sending the representative is in an accident, remains on the shelf or for any reason cannot continue to sail on its own, the competent authorities of the state in which the consulate is located shall inform the consular office without delay about the measures taken to rescue persons, cargo or other property on board the ship. 2. The competent authorities of the state in which the consulate is located provide the necessary assistance to a person of the consular service when taking measures related to the rescue of a ship that has crashed, is on the shelf, or for some reason cannot continue to sail on its own. 3. If the ship of the state sending the representative office is in an accident, is on the shelf, or for some reason cannot continue to sail independently, or if some item belonging to the ship, as well as the cargo, is found on the coast of the state where the consulate is located, or is delivered to the port of that state, and neither the captain or owner of the ship, 4. No customs taxes shall be levied on cargo or on the property of the vessel, except in cases of their sale or use in the state where the consulate is located, on a ship that has crashed, is on the shelf or cannot continue to sail independently for any reason by the state of the sending of the representative office. 5.a person of the Consular Service has the right to be present in the event of a shipwreck, landing on the shelf or inability to continue its independent navigation, when the reasons are established by the competent authorities of the state in which the consulate is located.

Article 21 the aircraft of the state sending the representative shall also apply to the aircraft of the state sending the representative, provided that the provisions of this Agreement do not contradict the provisions of other bilateral agreements between the state sending the representative and the state in which the consulate is located, or multilateral agreements in which both states are parties.

Article 22

Transfer of documents of Rights a person of Consular Service has the right to transfer documents that are not related to the court or the court, if this is allowed by the laws and regulations of the state in which the consulate is located. If other conditions apply between the state that sent the representative office and the state where the consulate is located, the same rules must apply.

Article 23 territory allocated for the performance of consular duties a person of the Consular Service may perform consular duties within the consular district. In agreement with the host State, he may perform his duties outside the consular district.

Article 24

Relations with the authorities of the state in which the consulate is located a person of the consular service may apply to the local authorities of the consular district, and where there is no diplomatic representation-to the central competent authorities of the state in which the consulate is located, within the limits permitted by the laws, rules and customs of the state in which the consulate is located.

Article 25 declaration of changes in the laws of the state in which the consulate is located the state in which the consulate is located declares changes in its laws that may relate to the rights and interests of citizens of the state who have sent a representative to the consular office.

PART IV BENEFITS, PRIVILEGES AND IMMUNITIES

Article 26 benefits for employees of a consular institution and a consular institution 1. the state in which the consulate is located creates all opportunities for that consular institution to perform the duties assigned to it. 2.the state in which the consulate is located shall pay due attention to the employees of the consular institution and shall take the necessary measures to ensure their performance of their duties in accordance with this Agreement. 3. The state in which the consulate is located will take all appropriate measures to prevent any encroachment on the identity, freedom or honor of the person of the consular service and other employees of the consular office, as well as their family members who are citizens of the state to which they are allowed to reside on a legal basis.

Article 27 consular and residential premises 1. the state sending the representative office may purchase or lease a land plot, premises or part of the premises for use as consular premises and as the residence of the head of the consular office in accordance with the requirements of the laws of the state in which the consulate is located, the premises may 2. The state in which the consulate is located also, if necessary, helps the consular office to obtain residential premises for its employees. 3.the provisions of Paragraph 1 of this article should not be interpreted as exempting the state that sent the representative office from responsibility for compliance with the laws and regulations of the state in which the consulate is located, regulating the right to land relations, the location and structure of premises, as well as urban planning and division into districts.

Article 28 use of the state flag and coat of arms 1. the Consular institution has the right to install a consular shield in the premises of the consular institution, in the residence of the head of the consular institution, with the image of the coat of arms of the state to which the representative office was sent and the name of the consular 2.the Consular institution has the right to hoist the state flag of the state to which it has sent its representation in the premises of the consular institution and in the residence of the head of the consular institution. The head of the Consular Office has the right to hoist the flag of the state to which the representative is sent on vehicles when using them for service purposes.

Article 29 inviolability of consular premises and residential premises of employees of consular offices 1. the premises of consular offices and residential premises of employees of consular offices may not be touched. The authorities of the state in which the consulate is located may not enter the consular office and the housing of employees of the consular office without the permission of the head of the consular office or the head of the diplomatic mission of the state to which the consulate is located, or without the consent of the person appointed by one of them. However, the consent of the head of the consular office can be issued in case of fire or other natural disasters that require urgent insurance measures. At this time, the principles of inviolability of the consular archive are strictly observed. 2. The state in which the consulate is located will take all necessary measures to protect the consular premises and housing of employees of the consular office from any intrusion or damage and to prevent any violation of the peace of the consular office or insult to its properties.

Article 30 immunity against requisition of consular premises consular premises, all property of the consular institution, as well as its vehicles, shall be used for the purposes of State defense or public demand with immunity against any types of requisition. For the above purposes, all measures are taken to eliminate obstacles to the performance of consular duties in case of the need to dispose of the premises.

Article 31 inviolability of consular archives consular archives may not be touched at any time and regardless of their location.

Article 32

FREEDOM OF MOVEMENT

The state in which the consulate is located must ensure the freedom of movement and travel of all employees of the consular office on its territory, so that this does not contradict the laws and regulations on areas where entry is prohibited or entry procedures are regulated due to state security. However, in any case, the state in which the consulate is located allows the person of the consular service to perform his official duties.

Article 33 freedom of communication 1. the state in which the consulate is located must allow and protect the freedom of relations of the consular institution for all official purposes. When communicating with the government, diplomatic missions, as well as other consular offices of the state that sent the representative office, the consular office may use all available means of communication, including coded and encrypted messages, diplomatic or consular couriers, diplomatic or consular valises. However, the consular office may install and use the radio transmitter only with the consent of the state in which the consulate is located. 2.do not touch the official correspondence of the Consular Office. Official correspondence is understood as all correspondence related to the consular office and its activities. The consular valise must not be opened or detained. The consular valise must be sealed and have visible, external features that express its character ,and only official correspondence, documents and items intended for official use only by the consular office can be placed in it. If the competent authorities of the state in which the consulate is located find a reliable reason to believe that there are foreign objects in the valise, in addition to correspondence, documents or objects, they may require the disclosure of the valise in their presence by a representative of the state who sent the representative office. If the authorities of the state that sent the representative office refuse to comply with this requirement, the valiza is returned to its place of departure. 3.a consular courier may be only a citizen of the state sending the representative office who does not permanently reside in the state in which the consulate is located. He enjoys the same rights, privileges and immunities as a diplomatic courier during his stay in the territory of the state where the consulate is located. The consular Courier is provided with an official document indicating its status and the number of places that make up the consular valise, except in cases where consent is given by the state in which the consulate is located. 4.consular couriers may be appointed by ad hos by the state, its diplomatic missions and consular institutions that have sent the representative office. In such cases, the provisions of Paragraph 3 of this article shall apply, except that the immunities referred to in it are terminated at the moment of delivery by such courier to the appropriate place of the consular valise entrusted to him. 5.consular valiza may be handed over to the captain of the state ship or the commander of the aircraft, who sent the representative office. This latter is provided by an official document indicating the number of places that make up the consular valise, although it is not considered a consular Courier. In agreement with the relevant authorities of the state in which the consulate is located, a person of the consular service can directly and freely transfer the consular valise to the captain of the ship or to a civilian aircraft and receive it from them.

ARTICLE 34 CONSULAR FEES AND

Duties 1.A Consular institution may collect fees and duties stipulated by the laws and regulations of the state to which it sends its representative for conducting consular activities in the territory of the state in which the consulate is located. 2.the fees and duties provided for in Paragraph 1 of this article shall be exempt from all taxes and fees in the state where the consulate is located. 3.the state in which the consulate is located shall allow the consular office to deposit fees and duties collected in this way into its official bank account.

Article 35 inviolability of the identity of a person of the consular service consular service persons and their family members are used by the consular service persons with inviolability of their identity and may not be detained or arrested. The state in which the consulate is located is obliged to take all necessary measures to prevent encroachment on their freedom and honor.

Article 36 immunity against jurisdiction 1. persons of Consular Service enjoy full diplomatic privileges and immunities, as diplomatic agents, in accordance with the provisions of the Vienna Convention on Diplomatic Relations of April 16, 1961. 2.in respect of actions committed by consular personnel and employees of the service personnel of the consular institution in connection with the performance of their official duties, the consulate is not subject to the jurisdiction of the state in which the consulate is located. 3. The provisions of Paragraph 2 of this article do not apply to the following civil claims: (a) arising from a contract concluded by a consular officer or an employee of the service personnel of a consular Institution who has not directly or indirectly committed himself as an agent of the state to which he / she sent his / her representation; (B) claims arising from losses caused by road vehicles, ships or aircraft in the state where the consulate is located, for which compensation is required by a third person.

Article 37 Obligation to provide a WITNESS response 1. Consular officials are not required to provide a witness response. 2. Consular officers and service personnel may be called for questioning as witnesses in judicial or administrative proceedings in the receiving State. They may not refuse to respond, except in the cases referred to in paragraph 3 of this article. 3. Consular staff and service personnel are not obliged to answer on issues related to the performance of their duties or to submit official correspondence or documents related to their duties. If this is agreed by the head of the consular office, they can give a witness answer as experts in relation to the laws of the state to which they sent their representation. However, they, as experts, have the right to refuse to testify. 4. The competent authorities of the state in which the consulate is located should not prevent this person from performing their duties, for which a consular employee or an employee of service personnel should be responsible. If this is possible, these authorities may listen to this person's response in their home or in the House of the consular office, or receive a written response from him.

Article 38 exemption from duties employees of the Consular Office are exempt from all personal, public work duties and military service duties in the state where the consulate is located, as well as from fulfilling any requirements stipulated by the laws and regulations of the state where the consulate is located, related to the registration of foreign citizens and obtaining address permits.

Article 39 exemption of Consular and residential buildings, movable property and vehicles from taxes and fees 1. the state in which the consulate is located exempts from taxes and fees: 1.1. the state to which the representative office is sent, or its representative, from consular houses and housing of employees of the Consular Office, which is the owner or tenant, as well as related contracts and acts; 1.2. movable property and vehicles legally acquired by the Consular Office for official purposes, as well as their acquisition, possession or maintenance. 2. the provisions of Paragraph 1 of this article shall not apply to: 2.1. taxes and fees levied as payment for special services; 2.2.taxes and fees levied in accordance with the laws and regulations of the state in which the consulate is located from a person who has concluded an agreement with the state or its representative that has sent the representative office.

Article 40 exemption of employees of the consular office from paying taxes 1. employees of the Consular Office, as well as members of the family living with them, are exempt from all types of personal and property, state, district and municipal taxes and duties, which do not include: 1.1. indirect taxes, which are usually included in the cost of goods and services; 1.2. Taxes and duties on immovable private property in the territory of the state in which the consulate is located, not counting those provided for in Article 39; 1.3. taxes and duties on inheritance, not including those provided for in the provisions of Paragraph 2 of Article 44, and taxes on the transfer of ownership of inherited property; 1.4. taxes and duties on personal income, including income from capital, the source of which is in the state where the consulate is located, as well as taxes on capital funds spent on commercial and financial enterprises in the state where the consulate is located; 1.5. taxes and duties levied for specific types of services, as well as registration, service and registry duties, mortgage and coat of arms fees, excluding those provided for in the provisions of Article 39. 2. Employees of the Consular Office are exempt from taxes, duties and fees on labor wages, which they receive in the Consular Office for their work. 3.employees of the consular office who have rented persons whose wages are not exempt from income tax in the state where the consulate is located shall fulfill the obligations imposed on tenants by the laws and regulations of this state in connection with the receipt of income tax.

Article 41 exemption from customs control and duties 1. the state in which the consulate is located permits import and export in accordance with the laws and regulations adopted in it, and also exempts from all the following customs duties, except for fees for storage, transportation and such types of activities: 1.1. items intended for official use by the consular office; 1.2. items intended for personal use by a person of the consular service; 1.3. items imported in connection with the first arrival of consular personnel and service personnel of the consular institution, including household items. 2.the items specified in subitems 1.2 and 1.3 of Item 1 of this article may not exceed the number required for personal use by the relevant persons. 3.personal cargo of a person of the Consular Service, as well as members of his family, is exempt from customs inspection. Items may be checked only if the competent authorities of the state in which the consulate is located reasonably estimate the presence in the cargo of items other than those specified in subitem 1.2 of Paragraph 1 of this article, or in cases where the import and export of items is prohibited by the laws and regulations of the state in which the consulate is located, or subject to quarantine rules. In this case, the inspection must be carried out in the presence of the person of the relevant consular service or his representative.

Article 42 privileges and immunities of family muses 1. family members of employees of the Consular Office shall enjoy their privileges and immunities, respectively, on the basis of Article 36 of this Agreement. 2. The provisions of paragraph 1 of this article shall not apply to family members who are nationals of the State of consular residence or permanently reside in that State, or who engage in professional or commercial activities for the purpose of making a profit to the State of consular residence.

Article 43 persons who do not enjoy privileges and immunities 1. consular employees and employees of the service personnel of the consular Institution who are citizens of the state in which the consulate is located or permanently residing in this state do not enjoy the privileges and immunities provided for in this agreement, with the exception of those specified in paragraph 3 of Article 37. 2. Family members of persons specified in Paragraph 1 of this article shall not enjoy the privileges and immunities provided for in this Agreement. 3.the state in which the consulate is located shall exercise jurisdiction over the persons specified in Paragraphs 1 and 2 of this article in such a way that the activities of the consular institution are not obstructed.

Article 44 property inherited by an employee of a consular institution and a member of his family in the event of the death of an employee of a consular institution or a member of his family, the state in which the consulate is located: 1. allow the withdrawal of the movable property of the deceased, with the exception of property acquired by the specified person in the state where the consulate is located before his death and prohibited for export; 2. the movable property of the deceased must be exempt from all inheritance taxes or inheritance duties.

Article 45 beginning and end of Consular Privileges and immunities 1. each employee of the Consular institution shall enjoy the privileges and immunities provided for in this agreement from the moment of his entry into the territory of the state in which the consular office is located at the destination or from the moment of his entry into the territory of the 2. Family members of an employee of a consular institution living with him shall enjoy the privileges and immunities provided for in this agreement from the moment of their entry into the territory of the state in which the consulate is located, or from the moment they become members of his family. 3.upon termination of the duties of an employee of a consular institution, his / her privileges and immunities, as well as the privileges and immunities of family members living with him / her, shall be terminated after the person leaves the state where the consulate is located or after the expiration of a reasonable period for doing so. The privileges and immunities of family members of an employee of a consular institution are terminated in the absence of their family members. However, if these people intend to leave the host State within a reasonable period of time, their privileges and immunities remain in place until their departure. 4. In the event of the death of an employee of a consular office, family members living with him / her will continue to use the privileges and immunities granted to them until the moment of their departure from the state where the consulate is located, or until the reasonable period has elapsed for departure from the state where the consulate is located.

Article 46 waiver of privileges and immunities 1. the state sending the representation may waive the privileges and immunities enjoyed by the relevant persons in accordance with Articles 36 and 37 of this treaty. The refusal must be clearly expressed in all cases and notified in writing to the state where the consulate is located. 2. In accordance with Article 36 of this Agreement, a person of the consular service or a consular officer shall be deprived of the right to refer to immunity in respect of any counterclaim directly related to the main claim when a lawsuit is filed against him, provided that he can use jurisdictional immunity. 3.waiver of jurisdictional immunity in civil or administrative cases does not imply waiver of immunity in connection with the execution of a court decision concerning the need for a personal waiver in writing for this purpose.

Article 47 performance of consular duties by diplomatic missions 1. the provisions of this Agreement, as well as in cases of performance of consular duties by diplomatic missions, shall apply to the extent arising from the context. 2.the names of employees of a diplomatic mission assigned to perform consular activities shall be notified to the Ministry of foreign affairs of the state in which the consulate is located, or to the body specified by this ministry. 3.diplomatic representation in the performance of consular functions: 3.1. 3.2.it may apply to the central authorities of the state in which the consulate is located, if it does not contradict the laws, rules and traditions of the state in which the consulate is located, or relevant international agreements. 4.the privileges and immunities of employees of diplomatic missions referred to in paragraph 3 of this article shall be regulated by the norms of international law relating to diplomatic relations.

PART V RESPECT THE LAWS AND REGULATIONS OF THE STATE IN WHICH THE CONSULATE IS LOCATED

Article 48 1. persons who enjoy these privileges and immunities without prejudice to the privileges and immunities provided for in this Agreement are obliged to respect the laws and regulations of the state in which the consulate is located, including the laws and regulations governing traffic. 2.consular premises shall not be used for purposes incompatible with the performance of consular duties. 3. Employees of the consular office, consular office and their family members are obliged to comply with the laws and regulations of the state in which the consulate is located on vehicle insurance. 4.employees of the Consular Office of the state to which the representative office is sent may not provide professional or commercial services in the state where the consulate is located, except in cases related to the performance of official duties. SECTION VI. FINAL PROVISIONS

Article 49 ratification, entry into force, cancellation 1. this Agreement shall enter into force on the 30th (thirtieth) day after the date of its ratification and exchange of certificates of ratification. 2. this agreement is concluded for an indefinite period and is concluded by the Contracting Party

Effective until the expiration of 6 (six) months from the date of notification in writing by one of the parties to the other Contracting Party of its desire to terminate this Agreement.

In Almaty, on February 27, 1997, two copies were made, each in Kazakh, Turkmen and Russian, and the entire text is equally powerful. In case of differences of opinion in the interpretation of the provisions of this Agreement, the Contracting Parties will be guided by the text in Russian.

For the Republic of Kazakhstan for Turkmenistan

Specialists:

Kobdalieva N. M.

Orynbekova D. K.

President

Republic of Kazakhstan

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