On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Eurasian Development Bank on the conditions of stay of the Eurasian Development Bank in the territory of the Republic of Kazakhstan

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Eurasian Development Bank on the conditions of stay of the Eurasian Development Bank in the territory of the Republic of Kazakhstan

Law of the Republic of Kazakhstan dated January 11, 2007 No. 216

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Eurasian Development Bank on the terms of stay of the Eurasian Development Bank in the territory of the Republic of Kazakhstan, signed in Almaty on June 17, 2006.

President of the Republic of Kazakhstan

 Agreement <*> between the Government of the Republic of Kazakhstan and the Eurasian Development Bank on the conditions of stay of the Eurasian Development Bank in the territory of the Republic of Kazakhstan (Entered into force on January 25, 2007 - Bulletin of International Treaties of the Republic of Kazakhstan, 2007, No. 2, art. 15)

The Government of the Republic of Kazakhstan and the Eurasian Development Bank, guided by By the Agreement on the Establishment of the Eurasian Development Bank dated January 12, 2006 (hereinafter referred to as the Agreement) and the Charter of the Eurasian Development Bank (hereinafter referred to as the Charter), in order to create favorable conditions for the activities of the Eurasian Development Bank in the territory of the Republic of Kazakhstan, as well as to determine its status, immunities, privileges and benefits, agreed as follows

 Article 1. Terms used

This Agreement uses the concepts mentioned in the Charter, as well as the following:

a) "Government" means the Government of the Republic of Kazakhstan;

b) "Bank" means the Eurasian Development Bank, its headquarters in Almaty, branches and representative offices that may be opened by the Eurasian Development Bank in the territory of the Republic of Kazakhstan in accordance with the Charter;

c) "Articles of Agreement" means articles of Agreement on the establishment of the Bank;

d) "Board of the Bank" means the supreme governing body of the Bank, which carries out the general management of the Bank's activities on the basis of the Charter and this Agreement;

e) "Premises of the Bank" means buildings and parts of buildings used for official purposes of the Bank, together with the land plot adjacent to this building or part of the building, owned by the Bank by right of ownership, property lease or gratuitous use;

f) "Motor transport of the Bank" means a unit of rolling stock of the Bank's motor transport, including buses, minibuses, cars and trucks, car trailers, semi-trailers for tractor units, as well as specialized vehicles (designed to transport certain types of goods) and special vehicles (designed to perform various, mainly non-transport, work); owned by the Bank by right of ownership, property lease or gratuitous use;

g) "Authorized representatives and their deputies" means representatives of a Bank participant on the Bank's Board in accordance with paragraph 2 of Article 13 of the Charter.;

h) "Bank Officials" means the Chairman of the Management Board of the Bank, Deputy Chairmen of the Management Board of the Bank, members of the Management Board of the Bank;

i) "Bank Employees" means all personnel employed by the Bank for work related to the Bank's activities in accordance with the Articles of Association;

k) "Family members" means family members of Bank officials and employees and includes their spouses, children, parents, as well as other family members living with them, whose well-being significantly depends on financial support from these officials and employees;

k) "Private domestic worker" means a person who performs the duties of a domestic worker for officials and employees of the Bank and is not an employee of the Bank;

m) "Payment for specific types of services" means other mandatory payments to the budget (fees, fees and state duty) established by the tax legislation of the Republic of Kazakhstan, an exhaustive list of which is attached as an annex to this Agreement.;

h) "Archives of the Bank" means all records, correspondence, documents and other materials, including manuscripts, photographs and films, sound recordings, computer programs and written materials, videotapes and discs, as well as discs or films containing data owned by the Bank or owned by the Bank or someone on its behalf;

(o) "Meetings of the Bank" means meetings of the Bank, including any international conferences or meetings convened by the Bank, and any commission, committee or subgroup of any such meeting;

p) "Property and assets of the Bank" means all property and assets owned by the Bank by right of ownership, lease or gratuitous use.

 Article 2. Legal status and legal capacity of the Bank

The Bank is an international organization subject to international law, has international legal standing and has the right, in particular, to conclude international agreements within its competence, in accordance with the Bank's Charter. The Bank enjoys the rights of a legal entity in the territory of the Republic of Kazakhstan and, in particular, is authorized: to make any transactions within the limits of its competence established by the Bank's Charter; to lease, acquire and alienate movable and immovable property, as well as to dispose of the specified property in any other way; to act in judicial and arbitration bodies. The Bank has the same procedural rights to protect its interests that are reserved by the legislation of the Republic of Kazakhstan for legal entities; perform other actions aimed at fulfilling the tasks assigned to the Bank in accordance with the Charter. The Bank's activities in the territory of the Republic of Kazakhstan are determined by applicable international treaties, the Agreement, the Charter and this Agreement, and, in their absence or in part not regulated by these documents, the legislation of the Republic of Kazakhstan. The Bank's activities related to the implementation of its statutory functions are not subject to licensing, regulation and control by the authorized bodies of the Republic of Kazakhstan. In the event that, in accordance with the legislation of the Republic of Kazakhstan, the types of activities or operations and transactions carried out require the status of a Bank, the Bank in relation to such types of activities or operations and transactions will be considered to have the status of a Bank. The Bank may, in agreement with the Government, open branches and/or representative offices, as well as establish subsidiary banks and organizations in the territory of the Republic of Kazakhstan.

 Article 3. Immunities and privileges of the Bank

The property and assets of the Bank located in the territory of the Republic of Kazakhstan are immune from search, requisition, seizure, confiscation, expropriation or any other form of seizure or alienation until a final court decision is rendered against the Bank. To the extent necessary to achieve the objectives and perform the functions of the Bank, and subject to the provisions of the Charter, all property and assets of the Bank are free from any restrictions, regulations and moratoriums. The Bank is immune from any prosecution, except in cases that are not a consequence of the exercise of its powers or are not related to the exercise of these powers. Lawsuits against the Bank may be initiated only in the competent courts in the territory of the State in which the Bank is located, or has a branch, subsidiary bank, subsidiary organization or representative office, or has appointed an agent to accept a subpoena or notice of the process, or has issued securities or guaranteed them. The Bank's archives, property, as well as any information belonging to it or owned by it, are inviolable on the territory of the Republic of Kazakhstan.

 Article 4. Inviolability of the Bank's premises

The premises and vehicles of the Bank in the territory of the Republic of Kazakhstan are inviolable. Representatives of state bodies of the Republic of Kazakhstan have the right to enter the premises of the Bank only with the permission of the Chairman of the Management Board of the Bank or a person authorized to act on his behalf. Such a permit may not be required in the event of a fire or similar emergency circumstances requiring immediate action to eliminate them. Any person who enters the premises, based on the intended permission, immediately leaves these premises at the request of the Chairman of the Management Board of the Bank or a person authorized to act on his behalf. The Bank may establish internal rules for the performance of its tasks in accordance with the Articles of Association. The inviolability of the Bank's premises and vehicles does not give the right to use them for purposes incompatible with the tasks and functions of the Bank or detrimental to the security of the Republic of Kazakhstan, the interests of its citizens and legal entities. The premises and vehicles of the Bank cannot serve as a refuge for fugitives from justice who are prosecuted under the laws of the Republic of Kazakhstan or are subject to extradition to another state.

 Article 5. Protection of Bank premises

The Government takes all necessary measures to protect the premises and vehicles of the Bank from intrusion or damage and to prevent disruption of order in the Bank. The Bank is provided with the same protection that is provided to international organizations or diplomatic missions in the Republic of Kazakhstan. At the request of the Bank, the relevant authorized bodies of Kazakhstan provide the necessary number of law enforcement officers to restore order in the Bank and to remove offenders.

 Article 6. Ensuring the Bank's activities

The Government provides assistance to the Bank in selecting the premises and equipment necessary for its operations, as well as, at the request of the Bank, in selecting suitable housing for Bank officials and employees. The Bank pays for the use of premises and equipment at the rates established in the territory of the Republic of Kazakhstan for international organizations or diplomatic missions. The Government helps the Bank in obtaining the services necessary for the maintenance of the premises. The Government guarantees that the Bank will receive the same services and on the same terms as those established for international organizations or diplomatic missions. In cases where the services provided for in this article are provided by the Government or authorized bodies of the Republic of Kazakhstan, such services are paid by the Bank at the rates established in the territory of the Republic of Kazakhstan for international organizations or diplomatic missions. The Government provides assistance to the Bank in providing logistical resources and creating the necessary conditions for the operation of the Bank's vehicles.

 Article 7. Means of communication

The Government guarantees the Bank no less favorable conditions for its official communications than those provided to any other international organization or diplomatic mission in terms of priority, tariffs and rates for mail, cables, telegrams, radiograms, telephone, Internet and other means of communication, as well as reduced rates for information transmitted print and radio. All expenses for the payment of these services are made at the expense of the Bank. All official communications entering and exiting the Bank, regardless of the method and form of their transmission, are not subject to censorship or any other form of control, interception or interference. Officials can use the codes and receive documents and correspondence by courier or diplomatic mail. The installation and use of a wireless transmitter by the Bank may be carried out only with the consent of the Government. The Bank may, with the consent of the Government, establish and use long-distance communication facilities between two points and other means of receiving and transmitting messages that may be necessary to facilitate the provision of communications to the Bank, both within and outside the Republic of Kazakhstan.

 Article 8. Tax benefits

The Bank, its income, property and other assets, as well as its operations and transactions carried out in accordance with the Charter, are exempt in the Republic of Kazakhstan from any taxes, fees, duties and other payments, with the exception of those that represent fees for specific types of services. The Bank is also exempt from any obligations to pay, withhold or collect any taxes and social security and pension payments. From the date of obtaining the status of a representative office equivalent to a diplomatic one and accredited in the Republic of Kazakhstan for goods (works, services) purchased in the territory of the Republic of Kazakhstan for the purpose of carrying out activities in accordance with its Charter, the Bank has the right to refund value-added tax issued by suppliers of goods (works, services) in accordance with the procedure established by the Legislation of the Republic of Kazakhstan. tax legislation of the Republic of Kazakhstan. Goods purchased by the Bank in the territory of the Republic of Kazakhstan or imported by the Bank into the territory of the Republic of Kazakhstan using tax benefits are not subject to sale, donation, or lease in the territory of the Republic of Kazakhstan without prior payment by the Bank of the relevant taxes, fees, duties, and other payments from which it was previously exempt. No liabilities or securities issued by the Bank, as well as dividends or interest on them, regardless of who holds them, are subject to any taxes in the Republic of Kazakhstan.: a) which discriminate against such obligations or securities solely because they are issued by a Bank, or b) if the only legal basis for such taxation is: the place of issue of said obligations or securities; the currency in which they are issued, payable or payable; the location of any institution or place of business owned by the Bank.

 Article 9. Financial procedures

To the extent necessary to achieve the objectives and perform the functions of the Bank, and subject to the provisions of the Charter, all property and assets of the Bank are free from any restrictions, regulations and moratoriums. In accordance with the Agreement and the Charter, the Bank in the territory of the Republic of Kazakhstan may freely acquire any property (except for property withdrawn from circulation in accordance with the legislation of the Republic of Kazakhstan), currency, securities and other financial instruments, as well as dispose of them, have accounts in any currency, conclude financial transactions and contracts, transfer (transfer) the currency, securities and other financial instruments belonging to him to and from the Republic of Kazakhstan and convert the currency belonging to him into any other currency. The National Bank of the Republic of Kazakhstan sells the national currency of the Republic of Kazakhstan to the Bank in such amount as may be required from time to time by the Bank to cover the Bank's expenses in the Republic of Kazakhstan at an agreed exchange rate, in accordance with the procedure established by a separate agreement with the National Bank of the Republic of Kazakhstan.

 Article 10. Flag and emblem

The Bank has the right to use its flag and emblem on the Bank's premises, on the Bank's premises, on the Bank's vehicles, at the Bank's meeting venues if they are held outside the Bank's premises, during events if the Bank is a participant in the events, as well as in other cases.

 Article 11. Meetings of the Bank

The Bank has the right to convene meetings at the Bank's premises, as well as within the territory of the Republic of Kazakhstan. The Government guarantees that there will be no obstacles to full freedom of discussion and decision-making at meetings convened by the Bank.

 Article 12. The Bank's status as an international organization, prohibition of political activity

The Bank, officials and employees of the Bank in their decisions are guided solely by the interests of the Bank related to the objectives of the Bank, its functions and operations defined in the Charter. Officials and employees of the Bank, in the performance of their duties, serve only the Bank and no one else. Each member of the Bank respects its status as an international organization and refrains from any attempts to influence any of these persons in the performance of their duties. The Bank, officials and employees of the Bank should not interfere in the political events of any of its members. Decisions of the Bank's bodies should not be made under the political influence of its participants. When making decisions, the Bank's bodies should be guided solely by considerations aimed at achieving the objectives of the Charter.

 Article 13. Privileges, privileges and immunities of officials and employees of the Bank

The privileges, privileges and immunities provided for by the Charter and this Agreement are granted to authorized representatives of the Bank and their deputies, officials and employees of the Bank for the effective and independent performance of their official duties, in accordance with the activities of the Bank provided for by its Charter. Officials and employees of the Bank: a) have immunity from judicial and administrative prosecution in respect of actions committed by them in the performance of their official duties. This immunity does not apply to civil liability in cases of road accidents; b) enjoy, together with family members, the same repatriation benefits as employees of diplomatic missions of foreign states accredited in the Republic of Kazakhstan; c) are exempt, together with family members, from immigration restrictions, registration procedures for foreigners and registration fees during the period of stay in the territory of the Republic of Kazakhstan; d) have the right to import furniture, household items and other personal property, including cars intended for personal use only without paying customs duties, taxes and fees; e) are exempt from paying taxes on wages or other remuneration received from the Bank. The provisions of paragraphs "b)", "c)" and "d)" of this Article do not apply to officials and employees of the Bank who are citizens of the Republic of Kazakhstan and persons permanently residing in the territory of the Republic of Kazakhstan. From the date of accreditation in the Republic of Kazakhstan, Bank officials, Bank employees, and their family members are entitled to a refund of value-added tax paid to suppliers for goods (works, services) intended for personal use in accordance with the procedure established by the tax legislation of the Republic of Kazakhstan. The Bank shall inform the Government of the names of officials and employees of the Bank, as well as the names of other persons to whom the provisions of this Article apply, in order to grant the Government immunities, privileges and benefits in accordance with this Agreement. The Bank informs the Ministry of Foreign Affairs of the Republic of Kazakhstan of the names and official details of the Bank's officials and employees, as well as the dates of their arrival and final departure or termination of their activities at the Bank. In accordance with the practice existing in the Republic of Kazakhstan, the Ministry of Foreign Affairs of the Republic of Kazakhstan issues an accreditation certificate and accreditation cards to the Bank and persons enjoying the immunities, privileges and benefits provided for in this Agreement, which confirm that the bearer enjoys the immunities, privileges and benefits provided for in this Agreement. Without prejudice to their privileges and immunities, all persons enjoying such privileges and immunities are required to respect the legislation of the Republic of Kazakhstan. They are also obliged not to interfere in the internal affairs of the Republic of Kazakhstan. The Republic of Kazakhstan may at any time, without being obliged to justify its decision, notify the Bank that an official or employee of the Bank is persona non grata or that any other employee of the Bank is unacceptable.

 Article 14. Waiver of immunities, privileges and benefits

The Board of the Bank may waive any immunity, privilege or benefit specified in the Articles of Association and this Agreement to the extent and on such terms as, in its opinion, may be in the interests of the Bank. The Chairman of the Management Board of the Bank is obliged to waive any immunity, privilege or benefits in respect of any employee of the Bank, with the exception of the Chairman of the Management Board of the Bank, Deputy Chairmen of the Management Board of the Bank and members of the Management Board of the Bank, when, in his opinion, such immunity, privilege or withdrawal complicates the administration of justice and when waiving them does not prejudice the interests of the Bank. In similar circumstances and under the same conditions, the Board of the Bank is obliged to waive any immunity, privilege or exemption in respect of the Chairman of the Board of the Bank, Deputy Chairmen of the Board of the Bank and members of the Board of the Bank.

 Article 15. Entry and residence

The Government shall take all necessary measures to facilitate the entry, residence and exit from the Republic of Kazakhstan and freedom of movement in the Republic of Kazakhstan of the following persons entering the Republic of Kazakhstan on official business: authorized representatives and their deputies, officials and employees of the Bank, their family members and private domestic workers; other persons officially invited by the Bank in connection with the Bank's operations and official activities in the Republic of Kazakhstan. The Bank informs the Government of the names of such persons. The above-mentioned persons, with the exception of private domestic workers and persons officially invited by the Bank in connection with the Bank's operations and official activities in the Republic of Kazakhstan, enjoy the same freedom of movement on the territory of the Republic of Kazakhstan, subject to its laws and regulations concerning facilities and other places that require special permission to visit, and the same regime in regarding the means of transportation provided to officials of comparable rank of diplomatic missions.

 Article 16. Dispute settlement

Any dispute between the Government and the Bank regarding the interpretation or application of this Agreement is resolved through consultations. If such disputes and disagreements have not been resolved through negotiations and consultations, either party may refer the dispute to an arbitration court consisting of three arbitrators, one of whom is appointed by the Government, the other by the Bank, and the third by agreement of the appointed arbitrators, or if the parties do not reach a single agreement, President of the International Court of Justice of the United Nations. The arbitration procedure shall be established by the arbitrators and the parties shall bear the costs of the arbitration, the amount of which shall be determined by the arbitrators. The arbitrators make a decision by a majority vote, and their decision is final and binding on the parties to the dispute.

 Article 17. Final provisions, entry into force and termination of the Agreement

This Agreement shall enter into force upon receipt by the Bank of a notification on the conduct by the Republic of Kazakhstan of the internal procedures necessary for its entry into force. This Agreement may be amended and supplemented, which are formalized by separate protocols, the procedure for entry into force of which is regulated by these protocols. The Government and the Bank may enter into the necessary additional agreements to comply with the Articles of Association and this Agreement. This Agreement may be terminated at the request of the Government or the Bank in accordance with the procedure agreed upon between the Government and the Bank. In the event of such termination, this Agreement shall expire upon the expiration of a period of time reasonably required for the settlement of the Bank's affairs and the sale of its assets in the Republic of Kazakhstan.

Done in Almaty on June 17, 2006, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

For the Government of the Eurasian Republic of Kazakhstan Development Bank

Appendix to the Agreement between By the Government of the Republic of Kazakhstan and the Eurasian Economic Union by the Development Bank on the conditions of stay of the Eurasian Bank development on the territory Republic of Kazakhstan

 List of other mandatory payments to the budget to be paid by the Bank (fees for specific types of services)

1. The fee for the state registration of rights to immovable property and transactions with it. 2. The fee for the state registration of the pledge of movable property. 3. Collection for the state registration of radio electronic devices and high-frequency devices. 4. The fee for the state registration of motor vehicles and trailers. 5. The fee for state registration of marine, river and small vessels. 6. The fee for the state registration of civil aircraft. 7. Collection for the passage of motor vehicles on the territory of the Republic of Kazakhstan. 8. Collection from auctions. 9. Payment for the use of land plots. 10. Payment for environmental pollution. 11. Payment for the use of the radio frequency spectrum. 12. Payment for the placement of outdoor (visual) advertising. 13. State duty. 14. Customs duty for the storage of goods in customs warehouses and temporary storage warehouses owned by the customs authorities. 15. Customs fee for customs escort of goods. 16. Payment for a preliminary decision of the customs authority regarding the classification, methodology for determining the country of origin and the customs value of the goods.

President

Republic of Kazakhstan

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