On Ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the Terms of Operation of the Khoja Ahmed Yasawi International Kazakh-Turkish University and the Protocol on Amendments to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the Terms of Operation of the Khoja Ahmed Yasawi International Kazakh-Turkish University dated October 22, 2009

The Law of the Republic of Kazakhstan dated January 9, 2012 No. 531

     To ratify The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the Terms of Operation of the International Kazakh-Turkish University named after Khoja Ahmed Yasawi, signed in Ankara on October 22, 2009, and the Protocol on Amendments to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the Terms of Operation of the International Kazakh-Turkish University named after Khoja Ahmed Yasawi dated October 22 2009, committed in Istanbul on December 23, 2010.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  Agreement* between the Government of the Republic of Kazakhstan and By the Government of the Republic of Turkey on the terms of operation of the International Kazakh-Turkish University named after Hodge Ahmed Yasawi

(Entered into force on April 11, 2012 - Bulletin of International Treaties 2012, No. 4, art. 55)

     The Government of the Republic of Kazakhstan and the Government of the Republic of Turkey, hereinafter referred to as the Parties, in accordance with the Joint Communique signed by the President of the Republic of Kazakhstan N.A. Nazarbayev and the Prime Minister of the Republic of Turkey S. Demirel on May 1, 1992 in Alma Ata, and acting within the framework of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the establishment of the International Kazakh-Turkish University of Khoja Ahmed Yasawi in Turkestan on October 31, 1992, confirming satisfaction with the activities of the International Kazakh-Turkish University named after Khoja Ahmed Yasawi (hereinafter - University) in the development of friendship and cooperation between the Parties, with the aim of further expanding cooperation in the field of education and science, specifying the rights and obligations of the Parties regarding the University, agreed as follows:

  Article 1

     The University's activities are carried out within the framework of this Agreement, in accordance with the University's Charter (hereinafter referred to as the Charter), decisions adopted by the Intergovernmental Plenipotentiary Council, as well as the national legislations of the States of the Parties.

  Article 2

     The University is an international educational organization of the States of the Parties with the status of an independent legal entity determined in accordance with the national legislation of the host State and this Agreement.

  Article 3

     1. The University has the right to develop educational programs and teach students, undergraduates and doctoral students according to standards and programs that meet international requirements and national laws of the States of the Parties.       2. The University has the right to attract administrative and technical staff (no more than 15 people), scientists and professors from other countries to work at the University without permission to attract foreign labor.       3. Citizens of the Republic of Turkey who are employees of educational organizations and other public organizations and institutions of the Republic of Turkey, sent with the consent of the administration of these organizations and institutions to work for a certain period of time at the Khoja Ahmed Yasawi International Kazakh-Turkish University, are considered to be on paid leave in the Republic of Turkey, receive monthly payments, compensation and payments, and also enjoy all financial and social benefits of organizations and institutions of the Republic of Turkey.        4. The University may have a branch in the city of Shymkent (Republic of Kazakhstan) with clinical bases (clinics), which are entitled to carry out educational activities within the framework of licenses issued to the University. The activities of clinical bases are subject to licensing and accreditation in accordance with the procedure established by the legislation of the Republic of Kazakhstan.         5. The University has the right to establish educational and clinical bases (clinics) and other auxiliary departments of the University in accordance with the procedure established by the national legislation of the States of the Parties.         6. The University has the right to establish branches outside the Republic of Kazakhstan providing full-time and part-time education, distance technology and departments for the coordination of academic, administrative and financial activities of these branches.        The activities of these branches are subject to licensing and accreditation in accordance with the procedure and conditions established by the national legislation of the relevant State.

  Article 4

       1. The Parties shall allow foreign employees to enter and leave their territory and, upon request of the University, issue appropriate exit, transit and entry visas and residence permits in accordance with the national legislation of the host State.         2. Foreign employees have the right to import personal items and household items into the States of the Parties.  

  Article 5

      The assets on the balance sheet and acquired by the University are the property of the Parties with a share definition: 50% of the Republic of Kazakhstan and 50% of the Republic of Turkey.

Article 6

     Financial and logistical support for the University's activities is provided by the States of the Parties, as well as from other sources not prohibited by the national laws of the States of the Parties.

  Article 7

     Goods, with the exception of excisable goods, imported for charitable purposes through States, governments of States, international organizations, including the provision of technical assistance, as well as goods imported at the expense of grants provided by States, governments of States, international organizations purchased by the University for scientific and educational activities, are exempt from customs duties and value added tax in accordance with the procedure established by the national legislations of the States of the Parties.

  Article 8

     The provision of medical care to foreign staff and students of the University is carried out at the expense of the University's own funds received from the provision of paid services, as well as at the expense of funds allocated to the University by the Government of the Republic of Turkey.       The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 09.01.2012 No. 531.

  Article 9

     Diplomas issued by the University are mutually recognized by the Parties and are equivalent in the territories of the States of the Parties.

  Article 10

       1. The highest decision-making body for the management of the University is the Intergovernmental Plenipotentiary Council, established by the Parties (hereinafter referred to as the Plenipotentiary Council).        2. The composition of the Plenipotentiary Council is formed on a parity basis and consists of ten members whose term of office is five years. Five members are appointed by the Government of the Republic of Turkey, including the Chairman of the Plenipotentiary Council, appointed by the President of the Republic of Turkey. The other five members, including the Deputy Chairman of the Plenipotentiary Council, are appointed by the Government of the Republic of Kazakhstan.       3. The main functions of the Plenipotentiary Council are:        a) development and approval of the charter governing the structure, management and educational activities of the University, as well as amendments and additions, if necessary; b) consideration and approval of the University's budget and development strategy; c) decision-making on construction, acquisition and disposal of property, including registration and de-registration of University real estate on the territory of the States of the Parties, as well as financial and legal issues.  

  Article 11

     A comprehensive audit, including academic, as well as monitoring of the University's activities is carried out no more than once a year by a commission appointed by the Plenipotentiary Council and consisting of an equal number of members from both Sides.       The state bodies of the Republic of Kazakhstan and the Republic of Turkey have the right, within their competence, to carry out scheduled inspections of the University no more than once a year, and unscheduled inspections in accordance with the procedure established by the national legislation of the States of the Parties.

  Article 12

     The Parties, in accordance with the purpose of establishing the University, recognize equality in management and responsibility for the University's activities. Rector (President) The University is appointed by the Republic of Kazakhstan, and its Deputy (I Vice-President) is appointed by the Department of Higher Education of the Republic of Turkey. The right to sign financial documents is assigned jointly to the Rector (President) and the First Vice-President. The right to provide signatures for financial documents of University departments located outside Kazakhstan is decided by the Plenipotentiary Council.       The order and conditions of University management are determined by the Charter approved by the Authorized Council. The Charter is mandatory from the moment of its state registration in the host state of the University.

  Article 13

     In case of any disagreement in the application or interpretation of the provisions of this Agreement, the Parties will resolve them through negotiations.

  Article 14

     This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification from the Parties confirming the completion of the internal procedures necessary for its entry into force.       The Agreement is concluded for an indefinite period and amendments and additions may be made to it, which carry out the same internal procedures as under this Agreement and which are an integral part of it.

  Article 15

Done in Ankara on October 22, 2009, in two copies, each in the Kazakh, Turkish and Russian languages, all texts being equally authentic.

     For the Government For the Government of the Republic of Kazakhstan of the Republic of Turkey

(Signatures)

  PROTOCOL* on amendments to the Agreement between By the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the terms of operation of the Khoja Ahmed Yasawi International Kazakh-Turkish University dated October 22, 2009

(Entered into force on April 11, 2012 - Bulletin of International Treaties 2012, No. 4, Article 56)

     The Government of the Republic of Kazakhstan and the Government of the Republic of Turkey, hereinafter referred to as the Parties, guided by Article 14 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the Terms of Operation of the International Kazakh-Turkish University named after Khoja Yasawi dated October 22, 2009 (hereinafter referred to as - Agreement), in order to further expand cooperation in the field of education and science, to specify the rights and obligations of the Parties regarding the International Kazakh-Turkish University named after Khoja Ahmed Yasawi, agreed as follows:

  Article 1

     Article 8 of the Agreement should be worded as follows:                              "Article 8       The provision of medical care to foreign staff and students of the University is carried out at the expense of the University's own funds received from the provision of paid services, as well as at the expense of funds allocated to the University by the Government of the Republic of Turkey."

  Article 2

     In case of disputes in the interpretation or application of the provisions of this Protocol, the Parties will resolve them through consultations and negotiations.

  Article 3

     This Protocol shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

     Done in Istanbul on December 23, 2010, in two copies, each in the Kazakh, Turkish and Russian languages, all texts being equally authentic.

     For the Government For the Government of the Republic of Kazakhstan of the Republic of Turkey

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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