On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Eurasian Economic Community on the conditions of stay of the Integration Committee of the Eurasian Economic Community in the territory of the Republic of Kazakhstan

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Eurasian Economic Community on the conditions of stay of the Integration Committee of the Eurasian Economic Community in the territory of the Republic of Kazakhstan

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Eurasian Economic Community on the conditions of stay of the Integration Committee of the Eurasian Economic Community in the territory of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated November 27, 2007 No. 3-IV.

RCPI's note! The Agreement was terminated by the Law of the Republic of Kazakhstan dated December 24, 2014 No. 266-V.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Eurasian Economic Community on the conditions of stay of the Integration Committee of the Eurasian Economic Community in the territory of the Republic of Kazakhstan, signed in Almaty on January 25, 2002.

President

Republic of Kazakhstan

AGREEMENT between the Government of the Republic of Kazakhstan and the Eurasian Economic Community on the conditions of stay of the Integration Committee of the Eurasian Economic Community in the territory of the Republic of Kazakhstan

The Republic of Kazakhstan and the Eurasian Economic Community, hereinafter referred to as the Parties,

guided by generally recognized principles and norms of international law,

Based on the Treaty Establishing the Eurasian Economic Community of October 10, 2000 and the Convention on Privileges and Immunities of the Eurasian Economic Community of May 31, 2001,

in order to create appropriate conditions for the activities of the Integration Committee of the Eurasian Economic Community in the territory of the Republic of Kazakhstan,

Taking into account that the location of the Integration Committee of the Eurasian Economic Community is Almaty,

have agreed on the following:

Article 1

For the purposes of this Agreement:

"EurAsEC" or "Community" - the Eurasian Economic Community;

Integration Committee - The Integration Committee of the Eurasian Economic Community;

"Secretary General" is the highest administrative official of the Community appointed by the Interstate Council (Interstate Council) of the EurAsEC;

"Deputy Secretary General" is an official who is approved by the Integration Committee for the position of Deputy Secretary General on the proposal of the relevant EurAsEC member State on the basis of the quota assigned to that state.;

"officials" - persons approved by the Integration Committee on the recommendation of the EurAsEC member States in accordance with the quotas assigned to each member state for positions, the list of which is determined by the Interstate Council.;

"employees" - persons working as specialists on the basis of employment contracts (contracts) concluded with them, with the exception of persons related to technical and maintenance personnel.;

"competent authorities" - government agencies of the Republic of Kazakhstan;

"premises of the Integration Committee" - buildings or parts of buildings (whoever owns ownership of them) used for official purposes of the EurAsEC, residence of the Secretary General and officials of the Community, as well as land plots on which these buildings or parts of buildings are located;

"property of the Integration Committee" means all property, including funds and other assets, owned or managed by the Integration Committee in the performance of its official functions.;

"archives of the Integration Committee" - documents, correspondence and other materials belonging to the Integration Committee or in its possession.

Article 2

The Integration Committee is a legal entity without the right to carry out commercial activities in the territory of the Republic of Kazakhstan and, in particular, is authorized:

conclude contracts;

to acquire and dispose of movable and immovable property;

open and maintain bank accounts in any currency;

transfer your funds within the Republic of Kazakhstan or from the Republic of Kazakhstan to a foreign country and vice versa;

initiate proceedings in court and participate in court proceedings.

The rights provided for in this article shall be exercised on behalf of the Integration Committee by the Secretary-General or, during his absence, by the Deputy Secretary-General with such right.

Article 3

The Republic of Kazakhstan provides the Integration Committee with the premises necessary for the performance of its functions.

The order and conditions of ownership and use of the premises provided to the Integration Committee are determined by separate agreements between the relevant authorities and the Integration Committee.

The Government of the Republic of Kazakhstan allocates to the Integration Committee the necessary number of office apartments for officials (quota workers) of the Secretariat of the Integration Committee who are not citizens of the Republic of Kazakhstan.

Article 4

The premises of the Integration Committee and its property are inviolable.

Representatives of the competent authorities may not enter the premises of the Integration Committee except with the consent of the Secretary General or, in his absence, his Deputy and under conditions approved by them.

Execution of any actions by decision of the competent authorities may take place in the premises of the Integration Committee only with the consent of the Secretary General or his Deputy.

The premises of the Integration Committee cannot serve as a refuge for persons who are being prosecuted under the laws of the Republic of Kazakhstan or are subject to extradition to a foreign State.

The inviolability of the premises of the Integration Committee does not give the right to use them for purposes incompatible with the functions or tasks of the EurAsEC or detrimental to the security of the Republic of Kazakhstan, the interests of its citizens and legal entities.

Article 5

The Republic of Kazakhstan takes appropriate measures to protect the premises of the Integration Committee from any intrusion or damage. Expenses for the protection of the premises of the Integration Committee are made at the expense of the funds of the Integration Committee.

Article 6

The Integration Committee has the right to establish internal regulations within its premises in order to create the conditions necessary for the performance of its functions.

Article 7

In carrying out its activities, the Integration Committee has the right to hold meetings and other events at its location without prior approval from the competent state authorities of the Republic of Kazakhstan.

Article 8

The property of the Integration Committee located on the territory of the Republic of Kazakhstan enjoys immunity from search, requisition, expropriation, confiscation or other forms of judicial interference, except in cases where:

a) a civil claim has been filed against the Integration Committee, its official or employee for damages in connection with an accident caused by a vehicle owned by the Integration Committee, its official or employee, or operated on behalf of the Integration Committee, if this damage is not compensated by insurance payments;

b) a civil claim has been filed against the Integration Committee, its official or employee for compensation for damage caused to the life and health of a citizen caused by an act or omission on the part of the Integration Committee, its official or employee.

Article 9

The Integration Committee is exempt from direct taxes and fees, duties and other payments levied on the territory of the Republic of Kazakhstan, with the exception of those that are fees for specific types of services.

Items and other property intended for official use by the Integration Committee are exempt in the Republic of Kazakhstan from customs duties, taxes and related charges, with the exception of charges for storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority and similar services in the manner prescribed for international organizations.

Article 10

The archives of the Integration Committee are inviolable. The messages and correspondence of the Integration Committee are not subject to censorship. This immunity applies to printed, photographic, audiovisual and other forms of information received or sent by the Integration Committee and its officials, regardless of the method of its transmission.

Article 11

The Integration Committee may place the flag, emblem or other symbols of the EurAsEC on its buildings, as well as display the flags of the member States of the Community.

Article 12

By agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols that are an integral part of this Agreement.

In case of disputes arising in the interpretation or application of the provisions of this Agreement, the Parties will resolve them through consultations and negotiations.

Article 13

In case of termination of the activities of the Integration Committee in the territory of the Republic of Kazakhstan, this Agreement becomes invalid after the settlement of all property and non-property relations to which the Integration Committee is a party in the Republic of Kazakhstan.

Article 14

This Agreement shall apply from the date of its signing and shall enter into force from the date of delivery to the depositary, which is the Integration Committee, of a notification on the implementation by the Republic of Kazakhstan of the internal procedures necessary for its entry into force.

Done in Almaty on January 25, 2002, in two original copies in Kazakh and Russian, both texts being equally authentic.

Secretary General of the Republic of Kazakhstan of the Eurasian Economic Community for the Government

I hereby certify that this text is a certified copy of the certified copy of the Agreement between the Government of the Republic of Kazakhstan and the Eurasian Economic Community on the conditions of stay of the Integration Committee of the Eurasian Economic Community in the territory of the Republic of Kazakhstan, signed on January 25, 2002 in Almaty.

Head of the Department

International Law Department

Ministry of Foreign Affairs

Republic of Kazakhstan

President

Republic of Kazakhstan

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