On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on Consular Privileges and Immunities

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The Law of the Republic of Kazakhstan dated April 18, 2020 No. 320-VI SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on Consular Privileges and Immunities, signed in Nur-Sultan on May 3, 2019.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on Consular Privileges and Immunities

The Government of the Republic of Kazakhstan and the Government of the United States of America (hereinafter referred to separately as the "Party" and collectively as the "Parties"):

Recognizing the importance of the work carried out by consular officials and consular employees;

Convinced that increased protection for members of the consular staff and their family members will further strengthen friendly relations between the Republic of Kazakhstan and the United States of America;

Intending to strengthen the protection enjoyed by consular institutions, consular officials, consular employees and their family members;

Emphasizing that such privileges and immunities are not granted to individuals, but to ensure the effective exercise of functions by consular institutions on behalf of their States,

have agreed on the following:

Article 1 Definitions

For the purposes of this Agreement, the terms used therein have the following meanings::

The definitions given in article 1 of the Vienna Convention on Diplomatic Relations and in article 1 of the Vienna Convention on Consular Relations apply to this Agreement.

"Family member" means a family member of a consular official or consular employee who is an integral part of the family, who has been brought to the attention of the receiving State in accordance with established practice in the receiving State.

Article 2 Privileges and immunities of consular officials

Each Party grants consular officials of the other Party privileges and immunities equivalent to those granted to diplomatic agents under the Vienna Convention on Diplomatic Relations.

Article 3 Privileges and immunities of consular officers

Each Party shall grant the consular officers of the other Party privileges and immunities equivalent to those granted to members of the administrative and technical staff in accordance with the Vienna Convention on Diplomatic Relations.

Article 4 Privileges and immunities for family members of consular officials

Each Party shall grant privileges and immunities to members of the family of a consular official of the other Party equivalent to those granted to family members of a diplomatic agent who is an integral part of his or her family, in accordance with the Vienna Convention on Diplomatic Relations.

Article 5 Privileges and immunities for family members of consular employees

Each Party shall grant the family members of the consular officer of the other Party privileges and immunities equivalent to those granted to family members of administrative and technical personnel who are part of his or her family, in accordance with the Vienna Convention on Diplomatic Relations.

Article 6 Consular post and real estate

The premises and property of consular offices, including vehicles, enjoy the same protection as diplomatic missions in accordance with article 22 of the Vienna Convention on Diplomatic Relations.

Article 7 Scope of application

The protection provided for in this Agreement does not apply to persons who are nationals of the receiving State or permanently residing in the receiving State.

Article 8 Refusal

Any immunity or inviolability granted under this Agreement may be waived by the sending State. Any refusal must always be explicit.

Article 9 of the Visa

When applying for and issuing visas to the diplomatic and consular staff of the other Party, each Party undertakes not to discriminate on the basis of religious beliefs or ethnicity.

Article 10 Interaction with the Vienna Convention on Consular Relations

In accordance with article 73 of the Vienna Convention on Consular Relations, this Agreement supplements and strengthens the provisions of the said Convention. The provisions of this Agreement and any previously entered into force Agreements are applied consistently. In case of a discrepancy, the position that is most favorable for the sending State is applied.

Nothing in this Agreement shall affect the rights or obligations of any of the Parties under any other international treaty to which their States are parties.

Article 11 Amendments and additions

Amendments and additions to this Agreement may be made at any time by mutual agreement of the Parties.

Article 12 Entry into force and termination

This Agreement shall enter into force on the date of receipt by the Government of the United States of America of a written notification through diplomatic channels that the Government of the Republic of Kazakhstan has completed the internal procedures necessary for the entry into force of this Agreement.

This Agreement is concluded for an indefinite period. Each of the Parties may terminate this Agreement at any time by sending a written notification through diplomatic channels to the other Party. This Agreement shall terminate upon the expiration of twelve months from the date of receipt of such notification.

Done in the city of Nur-Sultan on May 3, 2019, in two copies, in the Kazakh and English languages, both texts being equally authentic.

For the Government of the Republic of Kazakhstan

For the Government The United States of America

Unofficial translation Agreements between the Government of the Republic of Kazakhstan and By the Government of the United States The Agreement on Consular Privileges and Immunities in Russian corresponds to the languages of its conclusion.

Director of the American Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Sugurbaev B.B.____________

Note from <url>! The text of the Agreement in English is attached below.

President

Republic of Kazakhstan

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