On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors on the conditions of his stay in Almaty
The Law of the Republic of Kazakhstan dated November 25, 2011 No. 498-IV.
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors on the conditions of his stay in Almaty, signed in Astana on September 16, 2009.
President
Republic of Kazakhstan
N. NAZARBAYEV
Agreement between the Government of the Republic of Kazakhstan and the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors on the conditions of his stay in Almaty (Entered into force on December 29, 2011 - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 2, art. 21)
The Government of the Republic of Kazakhstan and the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors, hereinafter referred to as the Parties,
Guided by the Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the Establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors dated July 24, 2006,
Agreeing that the location of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors is the city of Almaty, Republic of Kazakhstan,
Desiring to provide the necessary conditions in the territory of the Republic of Kazakhstan for the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors to fulfill its goals and objectives,
guided by generally recognized principles and norms of international law,
have agreed on the following:
Article 1
For the purposes of this Agreement, the following terms mean:
CARICC or the Center is the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic drugs, Psychotropic substances and their precursors;
Agreement on the Establishment of CARICC is an agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors dated July 24, 2006;
A Participating State is a State that is a Party to the Agreement on the Establishment of the CARICC;
Sending State - a Participating State that sends its representative to work at the Center;
The host country is the Republic of Kazakhstan;
Government - The Government of the Republic of Kazakhstan;
official - a representative of the competent authority sent by the State Party to work at the Center and appointed to an appropriate staff position.;
Employee is a full-time employee of the Center who provides administrative and technical support for the Center's activities.;
Center staff - officials and employees of the Center;
authorized representative (liaison officer) - a representative of the competent authority of the participating State, who is part of the staff of this competent authority and is sent to the Center to carry out communication between the competent authorities of the State and the Center.;
observer is a State, a competent international organization that is not a Party to the Agreement on the Establishment of the CARICC, which has been granted observer status at the Center.;
Center premises - buildings or parts of buildings used for the purposes of the Center, regardless of the form and ownership of them, including the land plot serving these buildings or parts of buildings;
family members - spouse, minor children, and dependents of officials, authorized representatives (liaison officers), and representatives of observers and permanently residing with them.
Article 2
This Agreement regulates issues related to the Center's stay in Almaty.
Article 3
The Center has the status of a legal entity and as such enjoys the rights and responsibilities in accordance with the Agreement on the Establishment of CARICC, this Agreement, and the legislation of the host State, without prejudice to the privileges and immunities of the Center.
The rights provided for in this article are exercised on behalf of the Center by its Director.
I. Privileges and immunities of the Center
Article 4
The property and assets of the Center enjoy immunity from any form of administrative or judicial interference.
The premises and vehicles of the Center, as well as its archives and documents, including official correspondence, regardless of their location, are not subject to search, requisition, confiscation or any other form of interference that impedes the Center's activities.
Representatives of the authorities and administration of the host State may not enter the premises of the Center except with the consent of the Director and on conditions approved by him.
Execution of any actions by decision of the authorities and administration of the host State may take place in the premises of the Center only with the consent of the Director.
The receiving State shall take appropriate measures to protect and protect the premises of the Center from any intrusion or damage.
The premises and vehicles of the Center cannot serve as a refuge for persons who are being prosecuted in accordance with international law or who are subject to extradition to either of the Parties to the Agreement on the Establishment of the CARICC or to a third State.
The inviolability of the premises and vehicles of the Center does not give the right to use them for purposes incompatible with the tasks and functions of the Center or detrimental to the safety of the Parties to the Agreement on the Establishment of the CARICC, the interests of their individuals and legal entities.
Article 5
The Center, its assets and other property are exempt from all taxes and fees levied on the territory of the Republic of Kazakhstan in accordance with the legislation of the host State.
Property and items intended for official use by the Center are exempt from customs duties, taxes and related charges, import and export restrictions and prohibitions, with the exception of fees for storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority, in accordance with the legislation of the host State.
The use for other purposes, including the sale and transfer of the right of use, of property and items imported as an exception to the general rules entails the payment of customs duties and other legal consequences in accordance with the legislation of the receiving State.
Article 6
For its official means of communication, the Center enjoys no less favorable conditions than those provided by the host State to diplomatic missions of foreign States.
The Center has the right to use ciphers, courier and other types of communication that ensure the protection of information transmission. The Center has the right to receive and send correspondence by couriers or bags, who enjoy the same immunities and privileges as diplomatic couriers and bags.
The courier must be provided with an official document indicating his status and the number of items that make up official correspondence.
All places that make up official correspondence must have visible external signs indicating their nature, and may contain only official documents and items intended for official use of the Center.
Article 7
The Center has a flag, an emblem and other symbols and may place them on the premises and vehicles of the Center occupied by it, used for official purposes.
Article 8
The Center may, in accordance with its goals and objectives, publish and distribute printed materials.
Article 9
The Government transfers the premises (building) to the Center for free use for the entire period of the Center's operation.
The transfer of premises (buildings) is carried out on the basis of a separate agreement concluded in accordance with the procedure established by the legislation of the host State.
Article 10
The organizations of the State of residence, on the basis of a contract, provide the Center with utilities and communication services, paid for by the Center.
In cases where utilities and communication services are provided by organizations of the host State, or when prices for them are controlled by them, tariffs for such services should not exceed the tariffs applicable to diplomatic missions.
In the event of force majeure leading to complete or partial interruptions in the provision of utilities and communications services, the Center, in the interests of fulfilling its functions, enjoys the priority given to diplomatic missions of foreign States.
The Center takes appropriate measures to ensure that authorized representatives of public utilities are able to carry out the necessary work in the premises of the Center.
II. Privileges and immunities of officials of the Center, authorized representatives (liaison officers) and representatives of observers
Article 11
The officials of the Center are international employees.
The receiving State undertakes to respect the international character of the functions of the officials of the Center and not to influence them in the performance of their official duties.
Article 12
Officials, authorized representatives (liaison officers) and representatives of observers in the territory of the receiving State:
1) are not subject to criminal, civil and administrative liability for what they have said or written and for all official actions committed by them, with the exception of:
claims for damages in connection with a traffic accident caused by a vehicle belonging to the Center, an official, an authorized representative (liaison officer) or a representative of observers, or driven by them;
claims for damages in connection with death or bodily injury caused by an action on the part of an official, authorized representative (liaison officer) or representative of observers;
2) are exempt from taxes on wages and other remuneration paid by the Center;
3) are exempt from state duties;
4) are exempt, together with their family members, from immigration restrictions and from registration as foreigners;
5) in the field of foreign exchange transactions, they enjoy the same privileges that are granted to diplomatic agents.;
6) enjoy, together with their family members, the same repatriation benefits enjoyed by diplomatic agents during international crises;
7) upon initial occupation of a position and departure from the receiving state in connection with the termination of the contract, they have the right to import/export property, including a motor vehicle intended for their personal use, in accordance with the legislation of the receiving state, with the exception of those that are payment for specific types of services, without payment of customs duties, taxes and fees (services).
The provisions of the sub-paragraphs 1), 2), 3), 5), 6) and 7) of this article do not apply to the staff of the Center, authorized representatives (liaison officers) and their family members who are citizens of the receiving State or have a residence permit in the receiving State. These persons are subject to payroll taxes in accordance with the laws of the host State.
Article 13
In addition to the privileges and immunities provided for in article 12 of this Agreement, officials of the Center, authorized representatives (liaison officers) and representatives of observers, as well as members of their families living with them, enjoy other privileges and immunities that are granted to diplomatic agents and their family members in accordance with international law.
In this case, if the persons referred to in this article are citizens of the receiving State or have a residence permit in the receiving State, they shall enjoy the privileges and immunities specified in this article in the territory of the receiving States only in the performance of their official duties.
Articles 14
Officials of the Center, authorized representatives (liaison officers) and representatives of observers in the host State are not allowed to engage in commercial or other activities for personal gain or the benefit of others (except for scientific, creative and teaching).
Persons enjoying privileges and exempt from taxation in the receiving State in accordance with article 12 of this Agreement, if they receive income from scientific, creative and teaching activities, declare the total income received from such activities and pay taxes on it in accordance with the legislation of the receiving State.
Article 15
Officials of the Center, authorized representatives (liaison officers), representatives of observers, as well as their family members, carry out civil liability insurance in connection with the use of motor vehicles, in accordance with the legislation of the host State.
Article 16
Officials of the Center, authorized representatives (liaison officers), representatives of observers and members of their families shall enjoy the privileges and immunities provided for in this Agreement from the moment they enter the territory of the receiving State on their way to their destination or, if they are already in that territory, from the moment when officials, authorized representatives (liaison officers), representatives of the observers began to perform their duties.
Upon termination of the functions of an official of the Center, an authorized representative (liaison officer), or an observer's representative, their privileges and immunities, as well as the privileges and immunities of their family members who are not citizens of the host State, terminate at the time these persons leave the host State or after 30 days. The privileges and immunities of family members expire when they cease to be such, however, with the caveat that if such persons intend to leave the receiving State within 30 days, their privileges and immunities remain until the moment of their departure.
In the event of the death of an official of the Center, an authorized representative (liaison officer), or a representative of an observer, their family members continue to enjoy the privileges and immunities granted to them until they leave the host State, but not for more than 30 days.
Article 17
Officials of the Center and representatives of observers have the right to apply for visas on an expedited basis and free of charge if they have an invitation letter to take up a position or a business trip order.;
Officials of the Center, authorized representatives (liaison officers) and representatives of observers may, when necessary for the activities of the Center, and if this is in accordance with the legislation of the host State, freely move around its territory.
Article 18
The Center informs the Government, represented by the Ministry of Foreign Affairs of the host State, of the names and categories of officials of the Center, authorized representatives (liaison officers) and representatives of observers, as well as of any change in their status.
The Ministry of Foreign Affairs of the receiving State, on behalf of its Government, upon an official request from the Center, issues accreditation cards confirming their rights to privileges and immunities established by this Agreement to officials of the Center and authorized representatives (liaison officers) who are not citizens of the receiving State, as well as to their family members.
Articles 19
Officials of the Center, authorized representatives (liaison officers), representatives of observers, as well as members of their families living with them in the territory of the receiving State, enjoy the appropriate rights of citizens of the receiving State in matters of payment for public utilities, medical, sanatorium, hotel, transport and other types of services.
Article 20
All persons enjoying privileges and immunities under this Agreement are obligated, without prejudice to their privileges and immunities, to respect the laws of the receiving State and not to interfere in the internal affairs of the receiving State.
III. Final provisions
Article 21
Disputes and disagreements related to the application or interpretation of this Agreement are resolved through consultations and negotiations between the Parties.
Article 22
The depositary of this Agreement is the receiving State.
The Depositary will send each State Party a certified copy of this Agreement.
Article 23
This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized in separate protocols and are integral parts of this Agreement and enter into force in accordance with the procedure provided for in Article 24 of this Agreement.
Article 24
This Agreement is temporarily applied from the date of its signing to the extent that it does not contradict the current legislation of the Republic of Kazakhstan, and enters into force from the date on which the Center receives a written notification through diplomatic channels that the Government has completed the internal procedures necessary for its entry into force, and automatically terminates from the date of termination of the Agreement on the Establishment of CARICC.
Done in Astana on September 16, 2009, in two original copies, in the Kazakh and Russian languages, both texts being equally authentic.
For the Government
For TSARICTS
Republic of Kazakhstan
I hereby certify that this text is a copy of the originals of the note of the Ministry of Foreign Affairs of the Republic of Kazakhstan No. 10-2/4665 dated November 18, 2010 and the note of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors No. 3/1925 dated December 9, 2010, which are an integral part of the Agreement between the Government of the Republic of Kazakhstan and the Central Asian Regional Information Coordination Center for Combating Illicit Drug Trafficking, psychotropic substances and their precursors on the conditions of his stay in Almaty, signed on September 16, 2009 in Astana.
Head of the Department
Department of International Law
Ministry of Foreign Affairs
Republic of Kazakhstan
N. Sakenov
I hereby certify that this text is a copy of the originals of the note of the Ministry of Foreign Affairs of the Republic of Kazakhstan No. 10-2/1068 dated March 16, 2011 and the note of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors No. 3/861 dated April 15, 2011, which are an integral part of the Agreement between the Government of the Republic of Kazakhstan and the Central Asian Regional Information Coordination Center for Combating Illicit Drug Trafficking, psychotropic substances and their precursors on the conditions of his stay in Almaty, signed on September 16, 2009 in Astana.
Head of the Department
Department of International Law
Ministry of Foreign Affairs
Republic of Kazakhstan
N. Sakenov
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
