On Ratification of the Partnership Framework Agreement (amendments and additions to the Partnership Framework Agreement between the Government of the Republic of Kazakhstan and the Asian Development Bank on Strengthening Cooperation for Economic Diversification, Sustainable Development and Inclusive Growth of the Republic of Kazakhstan dated May 4, 2014)
The Law of the Republic of Kazakhstan dated May 14, 2020 No. 328-VI SAM.
PRESS RELEASE
To ratify the Partnership Framework Agreement (amendments and additions to the Partnership Framework Agreement between the Government of the Republic of Kazakhstan and the Asian Development Bank on Strengthening Cooperation for Economic Diversification, Sustainable Development and Inclusive Growth of the Republic of Kazakhstan dated May 4, 2014), signed in Nur-Sultan on August 27, 2019.
President of the Republic of Kazakhstan
K. TOKAEV
Unofficial translation
Partnership Framework Agreement (amendments and additions to the Partnership Framework Agreement between the Government of the Republic of Kazakhstan and the Asian Development Bank on Strengthening Cooperation for Economic Diversification, Sustainable Development and Inclusive Growth of the Republic of Kazakhstan, dated May 4, 2014)
(Entered into force on June 30, 2020, Bulletin of International Treaties of the Republic of Kazakhstan 2020, No. 4, art. 18)
This Partnership Framework Agreement (RSP) was signed on August 27, 2019 between the Government of the Republic of Kazakhstan (the Government) and the Asian Development Bank (ADB) (collectively referred to as the "Parties") as amendments and additions to the Partnership Framework Agreement between the Government of the Republic of Kazakhstan and the Asian Development Bank to enhance Cooperation for Economic diversification, Sustainable Development and Inclusive Growth of the Republic of Kazakhstan, dated May 4, 2014 (RSP 2014).
While:
(A) The ADB is an international financial institution established and operating in accordance with the Agreement Establishing the Asian Development Bank (the "ADB Charter") to promote socio-economic development in the Asia-Pacific region. As a member of the ADB since 1994, the Republic of Kazakhstan (Kazakhstan) has agreed to comply with the provisions of the ADB Charter.
(B) On May 4, 2014, the Government and ADB signed the 2014 CPR. Since then, the Government has been implementing the national strategic development plan for Kazakhstan, including state programs for the development of infrastructure and agriculture, and others. In July 2018, ADB adopted a new corporate "2030 Strategy", which sets out a broad vision and strategic response to the changing needs of its member countries and emphasizes the importance of contributing to the implementation of its member countries' development priorities.
(C) ADB's operations are aimed at assisting the Government in achieving the UN Sustainable Development Goals adopted by Kazakhstan in 2015, and leveraging ADB's expertise in infrastructure and other thematic areas.
(D) On the 25th anniversary of Kazakhstan's accession to the ADB, the Parties intend to further strengthen, deepen and expand their cooperation.
At the same time, the Parties agreed to make amendments and additions to the 2014 RSP as follows:
1. Goals and directions of cooperation
1.1. This RSP is intended to assist in the implementation of ADB operations outlined in the Country Partnership Strategies (MTSP) and Annual Country Operational Business Plans (SOB), jointly developed and agreed upon by the Government and ADB.
1.2. ADB's main focus is on improving Kazakhstan's macroeconomic stability; modernizing infrastructure and utilities; promoting agricultural sector development; improving access to finance for small and medium-sized businesses (SMEs); and increasing investments in infrastructure and social sectors such as health and education, including through public-private partnerships (PPP). The main factors contributing to the implementation of the MTSP are governance and institutional reforms, private sector development, regional cooperation and integration, climate change mitigation and adaptation, environmental sustainability, gender equality and knowledge work. Through these activities, ADB will contribute to Kazakhstan's economy by creating jobs, stimulating innovation, building capacity, providing a wide range of knowledge-based support, and implementing international best practices.
2. Implementation mechanisms
2.1. The Government will implement investment projects with the assistance of the ADB within the framework of the envisaged development programs, if the assistance of the ADB is necessary and approved in accordance with the established procedure.
2.2. The ADB, within the framework and using the tools of the MTSP, may provide: • Grant-based advisory and technical assistance (TA) in support of government programs; • lending and other financial support; • training programs, capacity development and knowledge sharing; • support for PPPs; • financial resources to attract private sector investment; and • support for monitoring and evaluating government development programs.
2.3. The Parties recognize that all projects financed and/or|administered by ADB, regardless of the source of financing, under the Government Loans and Government-Guaranteed Loans Program in Kazakhstan should be developed and implemented in accordance with the terms and conditions of the ADB's legal agreements and the relevant loan and grant rules, which should include the most The latest versions of ADB's applicable policies and requirements, including on anti-corruption, basic labor standards, payments, disclosure, gender development, and procurement of goods, works and consulting and non-consulting services, environmental and social protection measures, as well as such other policies and requirements as may be adopted from time to time by ADB in accordance with the ADB Charter.
2.4. ADB will consider the possibility of assistance for the creation of special purpose funds to address issues related to infrastructure needs, venture capital, clean and efficient energy, SME development, digital technologies and regional development, and others.
3. Institutional arrangements
3.1. The Government, through the Coordinating Council headed by the Prime Minister of the Republic of Kazakhstan and consisting of representatives of the Government, ADB and other international financial institutions, but not limited to them, or other relevant mechanisms, implements this RSP.
3.2. The Government and ADB will continue to work together to evaluate projects and programs under this CPR and resolve implementation issues in a timely manner to ensure that Kazakhstan's development goals are achieved.
3.3. The Government and ADB will continue to closely coordinate work on the development of the MTSP, as well as the selection, preparation and implementation of programs and projects through the preparation of annual SOAPS.
3.4. To ensure proper implementation of this RSP, the Government and ADB will continue to work within the framework of a joint working group to improve the efficiency, effectiveness and timeliness of relevant project planning and implementation procedures.
4. Final Provisions, entry into force, termination and dispute resolution
4.1. This RSP shall enter into force on the date on which ADB receives, through diplomatic channels, a written notification from the Government on the completion of the ratification procedure necessary for the entry into force of this RSP.
4.2. This RSP may be further amended by mutual agreement of the Parties in writing. Such amendments shall enter into force in the same way as provided for in paragraph 4.1.
4.3. This agreement may be terminated by agreement of the parties or by sending either party a written notification through diplomatic channels. Such termination shall take effect on 30 (thirty) days after the date of receipt of this notification.
4.4. Nothing in this RSP presupposes or will be interpreted as a waiver by ADB of its privileges, exclusions and immunities, but on the contrary, it is hereby specifically emphasized that the privileges, exclusions and immunities of ADB are reserved.
4.5. Any dispute between the Parties regarding the interpretation or application of this RSP, which is not settled through negotiations, is referred for final decision to a tribunal of three arbitrators: one will be appointed by the Government, one will be appointed by ADB, and the third, who will be the chairman of the tribunal, will be chosen by the first two arbitrators. If the first two arbitrators have not agreed on a third, the Government and ADB should ask the President of the International Court of Justice to select a third arbitrator. The majority of the arbitrators' votes should be sufficient to make a decision that will be final and binding. The third arbitrator should be authorized to resolve all issues of the procedure in any case, if there is disagreement on this issue.
4.6. When carrying out activities in the sectors mentioned in paragraph 1.2, using the tools listed in paragraph 2.2 of this RSP, the Parties will develop broad cooperation with other development partners and local stakeholders.
4.7. This RSP may be disclosed to third parties in accordance with the ADB's information access policy and implementation mechanisms, as well as the current legislation of Kazakhstan.
4.8. Any notification or request in accordance with this DSP must be made in writing and is considered duly transmitted or made when it is delivered manually or by mail, fax or e-mail to the party and the address indicated below.
For the Government of the Republic of Kazakhstan: Ruslan Dalenov Minister of National Economy of the Republic of Kazakhstan Kazakhstan, Nur-Sultan, Mangilik El Avenue, 8 Fax number: +7 (7172) 74-38-24 mail: r.dalenov@economy.gov .kz
For the Asian Development Bank: Werner E. Lipach, Director General of the Central and West Asia Department of the Asian Development Bank Philippines, 1550 Metro Manila, Mandaluyong City, 6 ADB Avenue Fax number: (+632) 8636-2444 Mail: wliepach@adb.org
4.9. This Agreement was made in the city of Nur-Sultan in English on the date indicated above, in two original copies.
Behind Government of the Republic of Kazakhstan _______________ Ruslan Dalenov Minister of National Economy
For the Asian Development Bank _____________ Werner E. Lipakh, General Director
I hereby certify that this translation corresponds to the text of the Partnership Framework Agreement (amendments and additions to the Partnership Framework Agreement between the Government of the Republic of Kazakhstan and the Asian Development Bank on Strengthening Cooperation for Economic Diversification, Sustainable Development and Inclusive Growth of the Republic of Kazakhstan dated May 4, 2014) in English, signed on August 27, 2019 in the city of Nur Sultan.
Head of the Foreign Aid Coordination Department of the Investment Policy Department of the Ministry of National Economy of the Republic of Kazakhstan
B. Maserbayeva
Note from <url>! The following is the text of the Framework Agreement in English.
President
Republic of Kazakhstan
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