On Ratification of the Protocol between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea on Amendments to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea in the field of development, Financing, Design, Construction, Operation and Maintenance of the Balkhash Thermal Power Plant dated August 25, 2011

The Law of the Republic of Kazakhstan dated November 11, 2013 No. 137-V SAM

     To ratify Protocol between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea on amendments to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea in the field of development, financing, Design, Construction, Operation and Maintenance of the Balkhash Thermal Power Plant dated August 25, 2011, signed in Astana on December 4, 2012.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  PROTOCOL between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea on amendments to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea in the field of development, financing, design, Construction, operation and maintenance of the Balkhash Thermal Power Plant dated August 25, 2011

(Entered into force on April 9, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 3, Article 23)

     The Government of the Republic of Kazakhstan and the Government of the Republic of Korea (hereinafter referred to as the Parties), guided by Article 10 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Korea in the field of development, Financing, Design, Construction, Operation and Maintenance of the Balkhash Thermal Power Plant dated August 25, 2011 (hereinafter referred to as the Agreement), have agreed as follows:

  Article 1

     Make the following changes to the Agreement:       1. The preamble of the Agreement should be worded as follows:       "The Government of the Republic of Kazakhstan and the Government of the Republic of Korea (hereinafter referred to as the Parties), expressing interest in the implementation of the Balkhash Thermal Power Plant project (hereinafter referred to as the Project) based on the principles of equality and mutual benefit, taking into account the contracts to be concluded in connection with the implementation of the Project - an agreement for the design, purchase and construction of an electric power plant, an agreement for the operation and maintenance of an electric power plant, a fuel supply agreement, and a long-term service agreement for maintaining the availability of electric capacity of generating units being put into operation (hereinafter referred to as - Project Agreements), emphasizing that this Agreement will facilitate the development of cooperation between the Parties for the successful implementation of the Project and is necessary for the implementation, financing, design, construction, operation and maintenance of the Project, recognizing that the Project will be designed, built, implemented and financed to ensure reliable electricity supply, as well as considering the need to create an enabling environment conditions for investments in the Republic of Kazakhstan, have agreed on the following:".       2. Article 2 of the Agreement should be worded as follows:                              "Article 2       In order to implement the Project, the Government of the Republic of Kazakhstan will determine an organization that will purchase from the Project Company a service to maintain the availability of electric capacity of generating units being put into operation in accordance with a long-term contract that meets the conditions of project financing with limited recourse, at a price, in the amount and terms determined by the Government of the Republic of Kazakhstan.".       3. The third part of Article 8 of the Agreement shall be worded as follows:       "The provisions of this article apply exclusively to income and operations for the implementation of works (services) within the framework of the Project carried out by the Project Company and the contractor participating in the Project, and are valid from the date of signing the loan agreement until the final date specified in the long-term contract for the provision of services to maintain the availability of electric power generating plants, newly commissioned.".

  Article 2

     1. This Protocol is an integral part of the Agreement and shall enter into force on the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.       2. This Protocol is valid until the termination of the Agreement.       Done in Astana on December 4, 2012, in two originals, each in the Kazakh, Korean, English and Russian languages, all texts being equally authentic.       In case of disagreement in the interpretation of the provisions of this Protocol, the Parties shall refer to the English text.

     For the Government For the Government of the Republic of Kazakhstan of the Republic of Korea

     RCPI's note!       The following is the text of the Protocol in English and Korean.

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  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases