On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated July 4, 2018 No. 175-VI SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan, signed in Astana on May 23, 2015.

President of the Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) ON THE ESTABLISHMENT OF THE FAO LIAISON AND PARTNERSHIP OFFICE IN THE REPUBLIC OF KAZAKHSTAN

Expressing its desire to conclude an Agreement pursuant to the decisions adopted by the Council of the Food and Agriculture Organization of the United Nations (hereinafter - FAO) at its one hundred and forty-fourth session, for:

i. Establishment of the FAO Liaison and Partnership Office;

ii. provision of technical assistance services to the Republic of Kazakhstan (hereinafter referred to as the Country);

iii. and the development of the Kazakhstan-FAO Partnership Program,

The Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations, hereinafter collectively referred to as the “Parties", have agreed on the following:

Article 1 Definitions

For the purposes of this Agreement, the following definitions apply:

i. "Bureau": FAO Liaison and Partnership Office;

ii. "Director-General": the Director-General of FAO and, in his/her absence, the Deputy Director-General or any official designated by him/her in his/her place;

iii. "FAO officials": all FAO staff, regardless of nationality, appointed by or on behalf of the Director-General, with the exception of technical staff employed locally and paid on an hourly basis;

iv. "Property": means all property, including cash, income, and other assets owned or managed by FAO for the purpose of fulfilling its statutory functions;

v. "Government": The Government of the Republic of Kazakhstan;

vi. "Seconded specialists": persons other than FAO officials who perform tasks for the benefit of FAO;

vii. "Bureau Chief": The Head of the FAO Liaison and Partnership Office and, in his/her absence, his/her authorized Deputy;

viii. "Country": The Republic of Kazakhstan;

ix. FAO: Food and Agriculture Organization of the United Nations.

Article 2 General provisions

1. The Parties agreed to establish the FAO Liaison and Partnership Office in the Republic of Kazakhstan.

2. Detailed arrangements regarding, among other things, financing and provision of premises for the Bureau will be set out in this Agreement.

3. The Parties agreed to cooperate within the framework of the Kazakhstan-FAO Partnership Program in accordance with Annex II, which is an integral part of this Agreement.

Article 3 Activities of the Bureau

1. The FAO's mandate includes improving the quality of nutrition and the standard of living of the population, improving the efficiency of production and distribution of all food and agricultural products, improving the living conditions of rural populations and thus contributing to the expansion of the global economy and ensuring freedom from hunger for humanity.

2. The functions of the Bureau may include the following:

i. Coordinating with the Government the Country's participation in FAO's activities and programmes at the national, regional and international levels;

ii. Enhancing opportunities for cooperation between the Country and FAO through the provision of resources related to food security and poverty eradication, as well as through enhanced relationships with international development and cooperation organizations;

iii. Promote partnerships with the private sector, academic institutions, civil society organizations and non-governmental organizations to facilitate exchanges on issues related to food security management, technology transfer, training and research, as well as to improve access to scientific and technical information in the fields of agriculture, forestry and fisheries;

iv. promotion of cooperation and partnerships with international organizations located in the Country;

v. Implementation of other coordinated activities to support global food security and the development of agriculture, forestry and fisheries.

Article 4 Presence of FAO in the host country

1. FAO appoints the internationally recruited Head of the Country Office and assigns to his office such staff as may be required to assist him in the performance of his functions.

2. Prior to the appointment of the Head of the Country Office, FAO shall provide his name and provide a short curriculum vitae and other relevant necessary information for the approval of the Government. FAO also provides timely information to the Government regarding family members who will be living with the Head of the Bureau at the duty station.

3. FAO provides the Government with relevant information on all foreign staff whom it proposes to employ in the Bureau. The Bureau has such other staff as FAO deems necessary for its normal functioning. If necessary, FAO informs the Government of the names of staff and family members of staff, official assignment and information about the change in the status of such persons.

4. The Government makes available to FAO free of charge, and FAO occupies, from the moment of entry into force and for the duration of this Agreement, premises and uses equipment, office furniture and other facilities suitable for the work of the Bureau, in accordance with Annex I, which is an integral part of this Agreement.

5. The Government shall facilitate the delivery of goods and any items imported by FAO to ensure the proper implementation of this Agreement.

6. The Head of the Bureau, who is also the FAO representative in the Country, is responsible for all aspects of FAO's activities in the Country, within the authority delegated to him/her by the Director General of FAO, and provides liaison with other FAO offices, including Headquarters, the FAO Regional Office for Europe and the Subregional Office for Central Asia.

7. For the effective performance of his/her functions, the Head of the Bureau has direct access, in accordance with procedures established by the Government, to all relevant levels of policy development and planning in the Government, directly or indirectly related to the sectors of agriculture, fisheries and forestry, as well as other sectors of the country's economy related to these areas.

8. Under this Agreement, the Government and FAO may agree to establish and maintain branches in other areas/regions of the host country to support programmes in those areas/regions.

Article 5 Legal status

1. Without being limited by financial controls, regulations, or moratoriums of any kind, FAO has the right to:

i. have and use cash, gold and accounts in any currency and exchange any currency at its disposal for any other currency;

ii. transfer your funds, gold or currency from one country to another or within the Republic of Kazakhstan.

2. FAO, its assets, income and other assets:

i. enjoy immunity from any form of judicial interference, except in specific cases of a specific waiver of immunity by FAO. At the same time, it is understood that the waiver of immunity does not apply to any judicial and executive measures.;

ii. They are exempt from all direct taxes. However, it is understood that FAO will not require exemption from such taxes, which in reality are nothing more than utility bills.

3. In the territory of the Republic of Kazakhstan, FAO has the legal capacity necessary to achieve its purpose and perform its functions.

4. The Government recognizes the legal personality of FAO and, through the Bureau, its legal capacity to enter into contractual relationships, open bank accounts, acquire and dispose of movable and immovable property, and initiate and participate in legal proceedings.

5. The premises of the Bureau and the residence of the Head of the Bureau are inviolable. The property, assets, accounts and archives of FAO, wherever located and by whomsoever held, enjoy immunity from search, requisition, confiscation, expropriation, seizure and any other form of interference in the framework of executive, administrative, judicial or legislative actions.

6. The Government and other authorized bodies shall take all necessary measures to ensure the safety and security of the Bureau, its employees and seconded specialists, as well as to ensure the safety and tranquility of the Bureau from causing concern caused by unauthorized entry of persons or groups of persons from outside or as a result of riots in its immediate vicinity.

7. The Government recognizes the right of FAO to convene meetings in the Country. During the meetings held by FAO, the Government takes all appropriate measures to prevent any actions that impede the absolutely free conduct of discussions and decision-making.

8. Without prejudice to the provisions of this Agreement, FAO will prevent the use of the Bureau's premises to provide asylum from justice to persons who have been convicted of criminal offences or are being prosecuted, or for whom an arrest warrant or extradition, expulsion or deportation order has been issued by the competent authorities.

9. FAO is exempt from customs duties, as well as from non-tariff regulation and prohibitions and restrictions on the import and export from/to the territory of the Republic of Kazakhstan of items for official use, including publications, paintings, films, video and sound recordings, regardless of format, electronic or otherwise. However, it is assumed that the list of items will be submitted to the competent Customs authorities no later than 30 days before import/export. Items imported with such exceptions are not subject to sale in the Country, except under conditions agreed with the Government.

10. While FAO, as a general rule, does not require exemption from excise taxes, fees and taxes on the purchase of movable or immovable property included in the price to be paid, nevertheless, in the case of the Bureau's purchase of property of significant value for official use, for which such fees and taxes have been applied or are applicable, the Government, in accordance with to the extent possible, takes appropriate administrative measures to exempt or refund the amount of tax or fee in accordance with the national legislation of the Republic of Kazakhstan.

11. With respect to all FAO activities carried out in accordance with this Agreement for the benefit of the Country, the Government assumes responsibility for resolving third-party claims against FAO, its officials and other persons performing work and services for FAO, and will ensure that they are not held accountable or denied claims against them in relation to activities in in accordance with this Agreement. The above provision does not apply if the Parties agree that the claim or liability is the result of extreme negligence or malicious actions of the above-mentioned persons.

Article 6 Means of communication

1. For official relations, the Bureau enjoys in the Republic of Kazakhstan no less favorable treatment than that provided by the Government to any other Government, including the diplomatic mission of the latter, in the matter of priorities, utility and state taxes applied to communications.

2. Official correspondence and other official communications from FAO are not subject to perlustration.

3. FAO has the right to use ciphers and to send and receive correspondence by courier or in a sealed bag, with immunities and privileges comparable to diplomatic couriers and bags.

4. Nothing in this article shall be interpreted as prohibiting the adoption of appropriate safety measures to be determined by agreement between the Government and FAO.

Article 7 Officials

1. FAO officials, in accordance with the provisions of the Convention on the Privileges and Immunities of the United Nations, shall enjoy the following privileges and immunities:

(I) Immunity from judicial responsibility for what they have said or written and for all acts committed by them as officials. Such immunity will remain with them after completing their assignment at FAO.;

(ii) Exemption from taxation in any form of salaries and emoluments paid by FAO or the United Nations;

(iii) Exemption from State official duties.

2. In addition to the above privileges and immunities, FAO officials employed internationally enjoy privileges and immunities in accordance with Article VI of the Convention on the Privileges and Immunities of Specialized Agencies.

3. The Government will ensure, if necessary, that Bureau officials receive visas as soon as possible, as appropriate. This provision applies to documents facilitating the entry of seconded specialists into the Country.

4. FAO officials enjoy the currency exchange privileges granted to officials of comparable rank serving in diplomatic missions.

5. In addition to the privileges and immunities listed in paragraphs 1 and 2 of this article, the Head of the Bureau enjoys, in respect of his/her spouse and dependent relatives, the privileges and immunities, exemptions and facilities normally granted to diplomatic representatives of comparable rank. For this purpose, the Ministry of Foreign Affairs of the Country includes the Head of the Bureau in the list of diplomatic representatives accredited in the Country.

6. The privileges and immunities provided for in this Agreement are provided for the sole purpose of better fulfilling the purposes and objectives of FAO. FAO has the right and the obligation to waive the immunity of any official if, in its opinion, such immunity would impede the course of justice and could be waived without prejudice to the interests of FAO.

7. FAO cooperates on an ongoing basis with the competent authorities of the Country to promote the proper administration of justice, ensure the enforcement of regulations on the protection of public order and prevent the abuse of privileges, exemptions, immunities and benefits provided by this Agreement.

Article 8 Seconded specialists

1. Seconded specialists are granted the following privileges and immunities:

(i) Immunity from personal detention or seizure of personal baggage;

(ii) Immunity from judicial responsibility for what they have said or written and for all acts committed by them in the performance of their official duties;

(iii) Exemption from currency restrictions or restrictions on currency exchange, as well as on personal baggage, comparable to that granted to officials of foreign Governments who have arrived on a business trip;

(iv) The inviolability of any personal or official documents;

(v) The use of ciphers in correspondence with FAO and the receipt of documents and correspondence by courier or in a sealed bag.

2. Seconded experts who are citizens of the Republic of Kazakhstan shall enjoy only the immunities specified in subparagraphs ii), iv) and v) of paragraph 1 of this article.

3. Privileges and immunities are granted to seconded professionals for the sole purpose of more effectively fulfilling FAO's goals and objectives, rather than for personal gain. FAO has the right and the obligation to waive the immunity of any seconded specialist if, in its opinion, such immunity would interfere with the administration of justice and could be waived without prejudice to the interests of FAO.

Article 9 Abuse of privileges

If the Government considers that there has been an abuse of the privilege or immunity granted by this Agreement, consultations should be held between the Government and FAO in order to establish the fact of such abuse and, if confirmed, to prevent its recurrence in the future. In the event that such consultations fail to achieve a satisfactory outcome for the Government and for FAO, the issue of whether there has been an abuse of privilege or immunity will be referred to the International Court of Justice in accordance with article 13 of this Agreement. If the International Court of Justice finds that abuse has taken place, the Government will have the right, after notifying the FAO and the Bureau, to terminate the privilege or immunity that has been abused.

Article 10 A pass

1. The Government and other competent authorities of the Country recognize and accept United Nations passes issued to FAO officials as valid travel documents.

2. Visa requests from holders of United Nations passes are processed as soon as possible if there is evidence that these persons are on a business trip through FAO.

Article 11 The right to benefits

The competent authorities shall grant work permits to the spouses of FAO officials appointed to work in Offices located in the Country, in accordance with the national legislation of the Country.

Article 12 Settlement of disputes

All disputes concerning the interpretation or application of this Agreement are referred to the International Court of Justice, except for the agreement of the Parties to resolve the dispute in another way. In the absence of an agreement, the Parties shall seek an advisory opinion on any legal issue related to the dispute, in accordance with Article 96 of the UN Charter and Article 65 of the Statute of the International Court of Justice. The conclusion of the International Court of Justice is recognized by the Parties as decisive.

Article 13 Final provisions

1. This Agreement shall enter into force upon receipt of the last mutual written notification of the Parties on the completion of the necessary internal procedures and shall apply temporarily from the date of signature to the extent that it does not contradict the applicable law of the Country.

2. This Agreement is concluded for a period of 10 years and is automatically extended for similar periods in the absence of denunciation, as provided below. However, the Agreement may be denounced by either Party at any time, and the denunciation takes effect 9 months after written notification by one of the Parties to the other of its intention to terminate the Agreement.

3. In the event of termination of the Agreement in accordance with this Article, the obligations assumed by the Parties shall remain in force to the extent necessary for the orderly termination of activities, termination of activities or withdrawal of personnel, return of unused funds and property, completion of settlements and completion of necessary contractual obligations with respect to personnel, subcontractors, consultants and suppliers.

4. The Agreement may be amended by mutual written consent of the Parties. The amendments are an integral part of this Agreement and are formalized as a Protocol and enter into force in accordance with the procedure specified in paragraph 1 of this Article.

In confirmation of this, the undersigned, officially appointed representatives of the Parties, have signed this Agreement in two copies, each in Kazakh, English and Russian. In case of conflicting interpretation of the provisions of this Agreement, the Parties shall refer to the English text.

For the Government of the Republic of Kazakhstan

For the Food and Agriculture Organization of the United Nations

Asylzhan Mamytbekov, Minister of Agriculture of the Republic of Kazakhstan

Jose Graziano da Silva Director-General of FAO

Signature:................................

Signature:………………………………

Date:.....................................

Date:..........................................

Annex I to the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the Establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan

CONTRIBUTION OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN TO THE BUREAU OF PARTNERSHIP AND COMMUNICATION

Bureau

Office space and related office equipment

1. The Office premises will be provided free of charge by the Government of the Republic of Kazakhstan.

2. To ensure the smooth functioning of the Bureau, the Government undertakes obligations:

2.1. Provide the Bureau with the exclusive use of a properly furnished room adapted to the needs of an office with 20 employees. This facility, upgraded and, if necessary, equipped, through direct supplies or purchases carried out by FAO and paid for by financial resources allocated by the Government, in accordance with the FAO specification, should include:

A. The room:

i. Office space for Bureau staff, including office space for temporary staff and consultants (minimum 10 rooms);

ii. Library and documentation center room;

iii. secure room for IT server and network equipment;

iv. meeting room for about 20 participants;

v. storage room;

vi. garage for 3 cars;

vii. Parking spaces for 20 cars.

V. Equipment and furniture:

i. Office furniture (desks, chairs, cabinets, shelving) for a minimum of 20 employees and for a meeting room, library and cafeteria, according to specifications provided by FAO;

ii. Direct telephone lines (approximately 10-15 main lines), a separate PBX (switchboard), fax equipment, in accordance with the specification provided by FAO;

iii. network and individual office technological equipment, including up to 15 personal computers with monitors and 3 laptop computers with standard FAO software and antivirus software, 5 network printers, video conferencing equipment, 1 projector, switches for a local computer network, access protection system and emergency switch for a wide area network (WAN), wireless access points for wireless access technology coverage areas, 1 server with an appropriate backup device, and 2 Internet connections, in accordance with the specification provided by FAO; due to the advantages of centralized procurement, the above office equipment can be provided by FAO, with financial resources provided by the Government;

iv. 1 High-performance photocopying machine, according to the specification provided by the FAO;

v. 1 motor vehicle;

vi. Air conditioning and heating, according to the specification provided by FAO;

vii. The Government also undertakes to carry out repairs, if necessary, by mutual agreement of the parties.

The agreed premises will be made available to FAO no later than 3 months after the entry into force of this Agreement.

2.2 Ensure security and, in this regard, take all necessary measures to ensure that the Office fully complies with the United Nations Minimum Operational Security Standards (MOS), which are brought to the attention of the Government whenever the Office is transformed.

Annual operating expenses

3. To ensure the smooth functioning of the Bureau,

The Government agrees to provide unilaterally a one-year monetary contribution of USD 300,000 or the equivalent in national currency, calculated at the current United Nations exchange rate, to cover the costs of office supplies and supplies, general operating expenses (communications, water, electricity) and provisions for depreciation and replacement of office equipment and vehicles for a five-year period. This contribution will be reviewed periodically, by mutual agreement, to reflect changes in the cost of living.

Staff

4. The Government will provide the following personnel or the necessary financial resources for their payment to the Bureau, and will undertake to pay all salaries, social, medical and other expenses:

I. 1 employee-programmer/assistant;

ii. 1 Administrative employee/assistant;

iii. 1 Information Resource Management Officer/Assistant;

iv. 1 Secretary;

V. 1 receptionist/telephone operator;

vi. 2 drivers (1 for a vehicle provided by FAO to the Head of the Bureau, and 1 for a vehicle provided by the Government to the Bureau).

5. FAO will provide the Government with a job description for the above positions. On this basis, the Government will propose three candidates, one of whom will be selected by FAO, provided that he/she meets the basic qualification requirements as assessed by FAO. With regard to the Secretaries, FAO will arrange for the necessary testing.

6. In order to strengthen the capacity of the technical staff of the relevant institutions in the Country, FAO is ready to accept from the Government as many national junior technical staff as possible in order to work as a team, in close consultation with each international FAO expert. The Government will also undertake to pay all salaries, social, medical and other related expenses.

7. National personnel provided by the Government in accordance with paragraph 4 of this Annex shall remain inviolable in respect of what they have said or written, as well as in respect of personal documents, while performing their functional duties under this Agreement. Such inviolability remains with the staff during their work as assigned to the FAO.

8. National staff employed by the Government in accordance with paragraph 4 of this Annex and provided by FAO for temporary use shall not be exempt from taxes on a portion of the salary paid by the Government.

Annex II to the Agreement between By the Government of the Republic Kazakhstan and the Food and Agricultural Organization The United Nations (FAO) on the establishment in the Republic of Kazakhstan FAO Liaison and Partnership Office

KAZAKHSTAN-FAO PARTNERSHIP PROGRAM

Guided by the Country's Constitution and the FAO Charter and the shared commitment of both sides to achieve the Millennium Development Goals (MDGs 1, 7 and 8), in particular the goals of "halving poverty and hunger by 2015", "ensuring sustainable environmental development" and "building a global partnership for development";

Bearing in mind the mandate on food security, agriculture, fisheries and forestry of FAO, including, inter alia, the provision of technical assistance in the field of sustainable development and livelihoods in accordance with the requirements of Member Countries, and the development of an appropriate regulatory framework in the field of food security, agriculture, fisheries and forestry, and responsible natural resource management;

Considering the desire expressed by the Government to provide financial contributions for the implementation of projects in the Country and in selected countries, and following the constitutionally prescribed procedures on both sides; and

Based on the above, the Government and FAO, on the basis of their respective Constitutions and Statutes, have confirmed their intention to cooperate as partners in order to support food security, nutrition, agriculture and rural development, using their potential to the best of their ability for the benefit of the Country and other countries that are also members of FAO.

Section 1. Definitions

i. "FCPP" means the Kazakhstan-FAO Partnership Program;

ii. "FAO-SEC" means the FAO Sub-Regional Office for Central Asia of the Food and Agriculture Organization of the United Nations;

iii. "Ministry of Agriculture" means the Ministry of Agriculture of the Republic of Kazakhstan;

iv. "Government agency" means any institution authorized by the Ministry of Agriculture of the Republic of Kazakhstan, including scientific research institutes;

v. "Money Transfer Agreement" means a specific agreement concluded between the Ministry of Agriculture of the Republic of Kazakhstan (or a government agency) and FAO in accordance with paragraph 4 of Section 3 in the form of Appendix 1 to this Annex;

vi. "Project Agreement" means a specific agreement concluded between the Ministry of Agriculture of the Republic of Kazakhstan (or a government agency) and FAO in accordance with Section 7 (Commitment and Consent) and in the form of Appendix 2 to this Appendix;

vii. "Steering Committee" means the decision-making body established in accordance with this Annex, which provides policy guidance and general direction to the CCF and for the approval of projects;

viii. "APO" means an Associate Professional Officer;

ix. "USD" (US dollars) means the currency of the United States of America;

x. "PPP" means a Government Cooperation Program;

xi. "CCF" means a Unilateral Trust Fund;

xii. "PRP" means the Program Management Unit; and

xiii. "SSC" stands for the South-South Cooperation Program.

Section 2. Goals and methods

1. The Kazakhstan-FAO Partnership Program (hereinafter referred to as the FCPP) is aimed at strengthening cooperation and joint actions between the Ministry of Agriculture and FAO towards achieving the Millennium Development Goals in the Country and in other countries to enhance the impact and effectiveness of their assistance.

2. The CCF will be implemented in two ways: (i) political dialogue and (ii) operational activities. Political dialogue will form the basis of partnership. It will contribute to improving coherence between relevant actions in terms of policy approaches in common priority areas. Based on the political dialogue and in accordance with the respective comparative advantages, operational cooperation will develop in areas of common interest. Funding for such cooperation will be provided in the context of this Annex.

3. As partners, the Ministry of Agriculture and the FAO will inform each other about their respective policies and programmes in the field of food security, nutrition, agriculture and rural development.

Section 3. Scope and nature of cooperation

1. The following priority technical areas were identified by the Country Framework (PSA) signed on November 21, 2014. Relevant projects/programmes will be formulated for implementation by FAO in the Country, as the initial phase of the CCPR. All projects and programmes will include a capacity building component.:

i. food safety and production of environmentally friendly food products;

ii. veterinary and animal husbandry, pasture management and phytosanitary;

iii. sustainable management of natural resources (management of water, land and forest resources);

iv. fishing and aquaculture;

v. information technology for agricultural statistics and related data collection and analysis.

2. The geographical and main scope of the FCPP may be expanded by mutual agreement of the Ministry of Agriculture and FAO.

3. The Country's financing proposals for projects implemented in other countries (PPP) will be approved by the Steering Committee referred to in section 5 below.

4. An agreement on the transfer of funds for the implementation of projects and programs related to the priority technical areas identified in paragraph 1 of this section will be concluded in accordance with this Annex.:

i. directly between FAO and the Ministry of Agriculture; or

ii. directly between FAO and government agencies as defined in section 1 of this Annex.

5. The Parties agreed that, under all circumstances, the minimum annual funding will be USD 2,000,000 (two million US dollars), which will be transferred to the FAO account at the beginning of each year. The Government will allocate this amount from the funds available in the budget of the Ministry of Agriculture, research organizations and/or other institutions of the Ministry of Agriculture. The first money transfer agreement will be signed between one of the agencies of the Ministry of Agriculture and the FAO within three months after the signing of the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan (hereinafter referred to as the Agreement). Subsequent money transfer agreements will be signed on an annual basis until March 31 of each year. The money transfer agreement must comply with the standard form provided in appendix 1.

6. The Bureau in the Country is responsible for the overall coordination of the CCF.

7. The CCF may also assist young professionals from the Country in benefiting from the APO (Associate Professional Officers) program FAO by providing funding to a selected number of young national professionals annually.

Section 4. Services

1. Requests for services must be submitted by the Government through the Country Office in accordance with the form and procedures established by FAO for such requests. FAO will provide technical assistance in the area of its mandate and comparative advantage, in accordance with priorities established in accordance with the Country Framework (PSA) or other related planning frameworks. The Government will provide FAO with all necessary funds, and specific and related technical information, for the preparation of the application.

2. In carrying out their official duties, FAO staff and seconded specialists work closely with the Government and with persons or bodies appointed by the Government. They must meet the requirements set by the Government, according to the nature of their job responsibilities and the services provided, in accordance with a mutual agreement between FAO and the Government.

3. The recipients of research fellowships are selected by FAO, or another agency designated by FAO for this purpose, in cooperation with the Government, based on agreed criteria. Such research fellowships will be regulated in accordance with the policy of awarding research fellowships and FAO practice.

4. Technical and other equipment, materials and commodity valuables and other property funded or provided by FAO belong to FAO until ownership of them is transferred in accordance with the terms and conditions agreed between the Government and FAO, and subject to applicable donor requirements to the Government or other institution designated by it.

5. The Government will make every effort to make the most effective use of the services provided by FAO, and uses these services for their intended purposes.

6. If services for the project are received from other sources, the Ministry of Agriculture and FAO consult to effectively coordinate and use the services received.

7. The Government will allow FAO to post appropriate designations on each project site identifying it as an FAO-supported project and mentioning the Donor(s) in due course.

Section 5. The Steering Committee

1. A Joint Steering Committee will be established to guide policy and overall orientation for the CCF, ensuring that supported initiatives are focused on contributing to household food security, improving rural livelihoods and reducing poverty, and in line with the goals of the World Summit on Food Security, the Millennium Development Goals (MDGs) and strategic the goals and objectives of FAO. It will also be:

i. Review and approve the project proposals that FAO will prepare in the form of a project concept note, including the project budget. The budget will be allocated according to the standard components and sub-components specified by FAO in the full project document.;

ii. Evaluate the annual implementation and results of programs/projects supported by the CCF implemented in the Country;

iii. To help identify and promote possible collaboration (including co-financing) between national institutions that are members of the Steering Committee, other donors, and International Financial Institutions (IFIs) at the country and sub-regional levels, while contributing to a common thematic and programmatic approach.;

iv. Review and approve the annual financial report and the condensed annual summary report on the implementation of the CCPR, as well as other monitoring and/or evaluation reports.

2. The Joint Steering Committee will be co-chaired by a Government Representative and the Head of the Country Office. Its members will be appointed by the Government and the Bureau in the Country. Representatives of the relevant government agency or other relevant public and private organizations, including regional and international bodies and IFIs, may be invited to the Steering Committee meetings to participate in the discussions.

3. To facilitate the regular exchange of information, the Ministry of Agriculture and FAO hold a Steering Committee meeting at least once a year. In addition, the Ministry of Agriculture and FAO hold regular joint consultations and exchange of views on all issues arising from this Annex.

Section 6. Project approval and transfer of funds

1. Financial resources for projects provided by government agencies, as provided for in Section 3, are deposited in the following FAO account::

Account Name: FAO Trust Fund (USD)

The name of the bank is 452 Fifth Ave.

New York, NY, USA, 10018Swift/BIC: MRMDUS33

ABA/Bank Code: 021001088

Account number 000156426

Purpose of payment GINC/KAZ/xxx/KAZ)

2. The relevant government agency will send an extract from the bank payment order corresponding to each payment made to the head of the Project Accounting Group of the FAO Finance Department.

3. FAO conducts payments from individual project accounts in accordance with FAO rules and regulations.

Section 7. Commitment and consent

1. The formulation, implementation and monitoring of projects and programmes in accordance with this Annex are carried out by FAO and government agencies under the coordination and responsibility of the Ministry of Agriculture.

2. Individual projects under the FCPP will be governed by the provisions of this Annex. Each individual project contains a page covering the Project Agreement. This Project Agreement sets out the terms of financing and contains a time schedule, including the start and end dates for planning Government involvement and the maximum Government contribution to the project. Such a Project Agreement is sent to the Ministry of Agriculture or to an interested government agency, which, if accepted, will send a signed copy to FAO, which will be an agreement on a specific project. The Model Project Agreement is attached to this Annex as Annex 2. Upon acceptance by the Ministry of Agriculture or the government agency concerned of the Project Agreement, in accordance with this section, FAO signs an implementation agreement with the receiving Governments prior to the start of the project.

3. The financial obligations of the Government are expressed in US dollars.

4. If the Government's commitment proves insufficient to achieve the project objectives, the Ministry of Agriculture and FAO will consult in accordance with paragraph 1 of section 5 of this Annex.

Section 8. Program Management Unit and Project Implementation

1. The Head of the Bureau acts as the FAO Coordinator for the CCPR and is responsible for liaison with the Country on all aspects of the CCPR, political, technical, financial and administrative matters not specifically identified in individual projects. Depending on the size of the CCF, she/he may be assisted by a Program Management Unit made up of international and national staff recruited to perform the following functions together with the relevant headquarters, regional and sub-regional Bureaus: program management, operational and financial matters, monitoring and evaluation, procurement and support service. The structure, responsibilities and tasks of the Program Management Unit (PPMU), as well as related financing, will be specified in a separate project document of the OCF.

2. The Ministry of Agriculture will appoint a high-ranking official as a contact person for the CCF in order to stimulate the Country's participation in the implementation, coordination and follow-up of project activities and establish common standards and methods of implementation.

3. FAO will make every possible effort to ensure the timely provision and full implementation of the project or activity. The funds for the formulation of the project documentation will be available through the FCPP. FAO shall exercise the same care in carrying out its official duties in accordance with this Annex and with each Project Agreement as it does in regulating and managing its own affairs.

4. To the extent that activities in accordance with this Annex are carried out on the territory of the Country, the following will apply:

i. In all matters related to the implementation of this Annex, the Country shall apply the provisions of the Agreement to FAO, its property, funds, assets, officials and any person designated by FAO to carry out work in accordance with this Annex.;

ii. The Government assumes responsibility for reviewing and resolving third-party claims against FAO, its officials, and other persons performing work and services for FAO that are not subject to guarantees provided by FAO, its officials, or other persons performing official duties for it, except in cases where, by agreement between Such claims and liability are the result of the extreme negligence or malicious actions of such personnel or persons.

5. To the extent that the activities are carried out in a Country, FAO may delegate and/or delegate its responsibility in whole or in any part of the project, based on mutual agreement with the Government, and in accordance with FAO rules and practices and the conditions laid down in the approved project document.

6. FAO, in accordance with the associated project document, procures goods, works, and/or consulting services based on and in accordance with FAO's internal procurement procedures, as reflected in FAO's rules and administrative procedures. All materials, equipment and logistical resources will be used exclusively for the implementation of the projects concerned, and their acquisition, use and disposal will be carried out in accordance with the Rules and Regulations of the FAO. Ownership of the equipment, logistical facilities and other property funded by the contribution is assigned to FAO. All goods and equipment purchased with Government contributions will be provided to the FAO project partner or for development cooperation at the end of the projects, unless the Ministry of Agriculture and FAO decide otherwise.

7. Experts will be hired by FAO in accordance with the terms and conditions applicable to FAO staff. In all respects, they qualify as full-time staff of FAO and are directly responsible to FAO for the performance of their official duties. Scientific Staff and Associate Professional Officers (APOS) are appointed in accordance with the rules and regulations of the FAO.

8. When identifying specialists for projects funded by the CCF, candidates submitted by the Government are taken into account, provided that the candidates' qualifications and experience match the appointment.

9. If the FAO warns in advance about the postponement of the actual execution date by two or more months in accordance with the signed Project Agreement, the FAO notifies the Ministry of Agriculture in writing and submits an adjusted schedule.

10. If project implementation is confirmed in this way, FAO submits a revised budget for ongoing projects to inform the Ministry of Agriculture of any changes in implementation. In this case, the following applies:

i. If the revision requires additional funds and/or an extension of the project's validity period, or any other modification to the Project Agreement, it will be submitted to the Ministry of Agriculture or an interested government agency for approval. Approval of such a revision is formalized by an addendum to the Project Agreement.;

ii. If the revision suggests a phased change in activities without reallocating funds between the project's budget lines, FAO will send it only for information and registration. Such a change does not require an addendum to the Project Agreement.;

iii. If the revision suggests a phased change in activities with a reallocation of funds in excess of 20% between the budget lines of the project, FAO will send it for approval. In the absence of other information for FAO from the Ministry of Agriculture or an interested government agency, no later than three weeks after receiving the revised budget from FAO, the proposed changes may be considered approved. Such a change does not require an addendum to the Project Agreement; and

iv. If the revision involves a change in the work plan, changes in total inputs and/or outputs, but without changing the overall objectives or overall budget of the project, FAO will submit it to the Ministry of Agriculture or an interested government agency for approval. In the absence of other information for FAO from the Ministry of Agriculture or an interested government agency, no later than three weeks after receiving the revised budget from FAO, the proposed changes may be considered approved. Such a change does not require an addendum to the Project Agreement.

Section 9. Project information

1. At the request of FAO, the Government shall provide relevant specific technical reports, cartograms, financial statements, accounting documents, extracts and other information related to any FAO project, its implementation or the possibility of its further implementation, as well as the validity of the project, or information on the Government's fulfillment of obligations assumed in accordance with this Annex or a project document.

2. FAO undertakes to keep the Government informed of the progress of activities in accordance with this Annex. Each Party has the right to monitor the progress of FAO project activities at any time.

3. Upon completion of the FAO project, the Government will make available to FAO, upon request, information on the benefits derived from activities to promote the achievement of the project's objective, including necessary or relevant information regarding its evaluation or evaluation of FAO services, and consult with FAO and authorize it to monitor for this purpose.

4. Information related to any investment-oriented project may be disclosed by FAO to any potential investors after consultation with and approval by the Government.

5. Patent rights, copyrights, and other intellectual property rights for any products and works arising from FAO services in the Country in accordance with this Annex will be jointly assigned to FAO and the Government. Such jointly assigned rights may be freely disposed of by each party, without the need for the approval of the other.

Section 10. Government participation and contribution to the implementation of projects

1. In fulfillment of the Government's obligation to participate and cooperate in the implementation of projects implemented by FAO in accordance with this Annex, it will make the following material contributions in the amount detailed in the related project documents:

i. Professional and other services of a local counter-partner, including national counter-partners of current specialists;

ii. Land, buildings, and educational and other logistical facilities available in the Country; and

iii. Equipment, materials, and logistical facilities available or manufactured in the Country.

2. The Government may also require FAO to make purchases by agreement within the limits of contributions, and it will pay or arrange for the payment of the required amounts to FAO in the amounts specified in the project budget. The above amounts will be deposited into an account designated for this purpose by the Director-General and will be managed in accordance with the financial instructions applied by FAO.

3. In all cases where the provision of equipment is part of FAO's services provided to the Government, the latter pays for the costs associated with customs clearance and release of such equipment, its transportation from the checkpoint across the state border to the project site, along with associated movement and storage, and related costs, its insurance after delivery to the site. project implementation, installation and maintenance.

4. The cost of items that make up the Government's contribution to the project and any amounts paid by the Government pursuant to this Section, as detailed in the project budget, shall be considered an estimate based on the full information available during the preparation of such project budgets. Such amounts are subject to adjustment as necessary to reflect the actual value of any item purchased subsequently.

Section 11. Enabling environment for FAO assistance

The Government will take all necessary measures to exempt FAO, its staff and specialists from regulations or other legal norms that may interfere with the implementation of activities in accordance with this Annex, and provide them with such other favorable conditions as may be necessary for the rapid and effective implementation of FAO services. In particular, it will provide them with the following rights and favorable conditions:

i. Immediate admission of specialists;

ii. Immediate free issuance of necessary visas and permits;

iii. Access to the workplace and all necessary rights of way;

iv. Free movement within the country, or entry into or exit from the country, to the extent necessary for the proper provision of FAO services;

v. The most favorable official currency exchange rate;

vii. Any permits for the import of equipment, materials, and logistical assets, and for their subsequent export; and

vii. The customs clearance of the items referred to in subparagraph vi. above will be carried out as soon as possible.

Section 12. Suspension or termination of services

1. FAO, by written notification to the Government, may suspend services for any project if, in the opinion of FAO, any circumstance arises that impedes or threatens to hinder the successful completion of the project or the achievement of its objectives. FAO may, in the same or in a subsequent written notification, specify the conditions under which it is willing to resume project services.

2. If the situation referred to in the above paragraph continues to remain unchanged for thirty days after notification of it and notification by FAO to the Government of the termination of services, in this case, at any subsequent time during the continuation of this situation, FAO may, by written notification to the Government, terminate the maintenance of the project.

3. The provisions of this section do not limit any other rights or remedies that FAO may have in these circumstances, whether in accordance with general principles of law or otherwise.

Section 13. Money management

1. Within the framework of this Annex, FAO, after consultation with the Ministry of Agriculture, implements technical assistance and/or emergency relief projects, and manages funds provided by the Ministry of Agriculture or government agencies for this purpose in accordance with the FAO Financial Rules and other applicable rules, regulations, procedures and practices that comply with professionally recognized accounting rules and practices.. Contributions will be used exclusively to support projects that are the subject of the Project Agreement, as specified in Section 7. All financial statements and documentation are expressed in US dollars.

2. All financial obligations and expenses incurred by FAO in relation to activities funded in accordance with this Annex are expressed in United States dollars at the United Nations rate of exchange applicable on the date of the financial transaction.

3. In accordance with the FAO financial regulations, all direct costs incurred by FAO under the Project Agreement, including technical and advisory support services, are covered from the project budget. FAO is not obligated to start operations or continue providing services until the relevant payments have been received by FAO, nor is it obligated to assume any obligations in excess of the funds transferred to the above account.

4. The project budgets also include contributions for financial reimbursement to FAO of indirect administrative and operational costs (project maintenance costs) incurred in connection with the implementation of the project in accordance with the FAO project cost support policy, both approved and adjusted from time to time by the FAO governing bodies.

5. Unplanned expenses can be included in the budget in the amount of no more than 5% of the total project expenses.

6. FAO establishes a separate trust fund account for each project to account for related costs. The target account number included in the project designation is indicated on each individual Project Agreement. Each account of the trust fund accounts separately for all financial transactions of the project to which it relates. FAO transfers annually sufficient financial resources from the GINC/KAZ/xxx/KAZ trust fund account specified in section 6, paragraph 1, of this Annex to cover

expenses incurred within the framework of individual projects.

7. All accrued interest on deposited funds is calculated in accordance with the rules and regulations of the FAO, and credited to the account specified in paragraph 1 of section 6 of this Annex. The balance of any specific contribution remaining unspent after fulfilling all obligations and financial responsibilities is also credited to this account.

8. The balance of the GINC/KAZ/xxxx/KAZ account may be used for the formulation, evaluation, other purposes of developing cooperation or any other activity agreed between the Ministry of Agriculture and FAO, or, if the Ministry of Agriculture or an interested government agency so requires, returned to the source.

9. The total amount of cash transferred by the Ministry of Agriculture or an interested government agency to FAO for projects in accordance with this Annex may be used to cover, if necessary, expenses on an ongoing basis in an amount not exceeding the approved budget for each individual project.

Section 14. Progress and reporting

1. FAO will inform the Ministry of Agriculture of the progress of work on each project/activity in accordance with this Annex by providing summaries of oversight, progress and completion reports.

2. Reporting is conducted in accordance with FAO rules and practices. For each project in accordance with this Annex, FAO provides the Ministry of Agriculture, unless otherwise agreed.:

- semi-annual report -a description of the progress of work, indicating the results achieved of projects and programs implemented with each government agency subordinate to the Ministry of Agriculture, and including proposals for budget revision (if necessary), and covering the period from September to February, with provision by April 30; semi-annual report-a description of the progress of work for the period from March to August, including proposals for budget revision (if necessary), with submission by October 30.

- a semi-annual financial statement from the account, including:

i. Approved budget for the main budget lines in accordance with the FAO chart of accounts;

ii. Expenses incurred under the main budget line, including major deviations;

iii. funds transferred by the Ministry of Agriculture or government agencies; and

iv. funds needed for the upcoming period.

- The final project completion report, containing a comprehensive overview of the full implementation of the project, provided within four months of its completion.

- The final financial report on the completed project is provided within eighteen months after its completion.

3. Regarding country-specific projects, FAO will provide copies of the above-mentioned reports directly to the Ministry of Agriculture.

4. Every six months, FAO will provide the Steering Committee and the Ministry of Agriculture with a summary progress report and a financial report on the GINC account. The Ministry of Agriculture and the FAO can submit specific proposals for the use of accumulated funds in the account, and the FAO can only use these funds effectively after the approval of the Ministry of Agriculture of such a proposal. The use of these funds may be reviewed at the annual meeting of the Steering Committee, as set out in section 5 of this Annex.

5. FAO submits to the Ministry of Agriculture or the government agency concerned a report on the expenditure of funds managed by FAO on behalf of the Ministry of Agriculture or the Government agency concerned, in US dollars.

Section 15. Evaluation

1. The regulation on the independent assessment will be drawn up in accordance with the decisions taken at the 132nd session of the FAO Council.

2. Representatives of the Ministry of Agriculture will have the opportunity to participate, as necessary, in the review, monitoring and evaluation of completed tasks related to the project in accordance with this Annex. FAO notifies the Ministry of Agriculture of any assessment during and after the project and invites the Ministry of Agriculture to participate.

Section 16. Accounting statements and audit control

1. FAO confirms that the financial transactions related to this Annex will be:

i. conducted in strict accordance with the applicable financial regulations, rules and directives of the FAO;

ii. be verified using internal control procedures based on the applicable financial regulations, rules and directives applied by FAO; and

iii. be subject exclusively to internal and external audit control procedures.

2. FAO will make available to the Ministry of Agriculture a Biannual financial report and audited financial statements in the form in which they were submitted to the Conference for consideration and adoption.

Section 17. Popularization

The Ministry of Agriculture and FAO recognize the importance of popularizing this work and decide to identify the Ministry of Agriculture and, if necessary, the relevant government agency as the source of funding for each project implemented under the FCPP. In addition to the FAO logo, the identifier, accompanied by the MOA logo and, if necessary, the logo of the relevant government agency, will be included in the project's information materials, such as letterheads, training materials or banners.

Section 18. Final provisions

Applicable law

1. The CCPR and any other document or agreement related to it are governed by the general principles of legislation, without regard to any particular national legal system.

Termination of the CCPP

2. Termination of the Agreement will not affect the validity and duration of the Project Agreement and/or programs implemented in accordance with this Annex until their completion. The obligations assumed by the Ministry of Agriculture and FAO in accordance with this Annex remain in force after the termination of the Agreement to the extent necessary for the orderly completion of activities, the withdrawal of personnel, funds and property, the completion of settlements between the Ministry of Agriculture and FAO and the completion of necessary contractual obligations with respect to personnel, subcontractors, consultants and suppliers..

Changing the terms and conditions of the project

3. The Ministry of Agriculture and FAO shall immediately notify each other of any significant changes to the terms and conditions of projects implemented in accordance with this Annex. Such a change requires the written mutual consent of the Ministry of Agriculture and the FAO, in accordance with their respective rules and regulations. Such amendments shall enter into force one month after notification.

Annex 1 to Annex II of the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the Establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan

MONEY TRANSFER AGREEMENT

IN VIEW OF the FACT THAT the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan was concluded [...];

DUE TO the FACT THAT the provisions of the above Agreement are applicable to this Money Transfer Agreement;

DUE TO THE FACT THAT [the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the "Ministry of Agriculture") or an interested government agency] has decided to allocate funds in the amount of ..........USD as a contribution to the Kazakhstan-FAO Partnership Program;

IN VIEW OF the FACT THAT FAO is ready to accept the above-mentioned financial support on the terms established by the above-mentioned Agreement;

In this regard, [the Ministry of Agriculture or the government agency concerned] and FAO have agreed on the following:

1. Financial support will be provided for the period from [......] to [......].

2. After signing this Money Transfer Agreement, [the Ministry of Agriculture or the interested government agency] places the amount in the account provided for in Annex II to the above Agreement, with reference to GINC/KAZ/xxx/KAZ, established by FAO for receiving contributions from the Government of the Republic of Kazakhstan.

3. The FAO will allocate the funds received for specific projects after the FAO and the Ministry of Agriculture [or an interested government agency of the Republic of Kazakhstan] sign the project document.

Based on the above, [the Ministry of Agriculture or the government agency concerned] and FAO have signed this Money Transfer Agreement in two copies each in English and Russian.

For [The Ministry of Agriculture of the Republic of Kazakhstan or an interested government agency of the Republic of Kazakhstan ] ____________________________________ Place and date

For the Food and Agriculture Organization of the United Nations ____________________________________ Place and date

Annex 2 to Annex II Agreements between the Government of the Republic of Kazakhstan and Food and Agriculture Organization of the United Nations (FAO) about the establishment in the Republic of Kazakhstan FAO Liaison and Partnership Office

PROJECT AGREEMENT

DUE TO the FACT THAT the Agreement between the Government of the Republic of Kazakhstan and the Food and Agriculture Organization of the United Nations (FAO) on the establishment of the FAO Liaison and Partnership Office in the Republic of Kazakhstan (hereinafter referred to as the Agreement) has been concluded [.........];

DUE TO the FACT THAT the provisions of the above Agreement are applicable to this Project Agreement;

DUE TO THE FACT THAT [the Ministry of Agriculture of the Republic of Kazakhstan (hereinafter referred to as the "Ministry of Agriculture") or an interested government agency] has decided to support the FAO project “ [........]” in the total maximum volume [USD........];

IN VIEW OF the FACT that FAO is ready to accept the above-mentioned financial support on the terms established by the above-mentioned Agreement;

In this regard, [the Ministry of Agriculture or the government agency concerned] and FAO have agreed on the following:

1. FAO will allocate the necessary funds from the general account to the project trust fund account.

2. Financial support will be provided for a period starting from [..........] before [.........].

3. FAO is responsible for the provision of services as specified in the project documentation in the annex to this Project Agreement.

4. The above-mentioned project is carried out in accordance with the Agreement and the provisions provided for in this Project Agreement.,

Based on the above, [the Ministry of Agriculture or the government agency concerned] and FAO have signed this Project Agreement in two copies each in English and Russian.

[For the Ministry of Agriculture of the Republic of Kazakhstan or an interested government agency of the Republic of Kazakhstan ] _______________________________ Place and date

For the Food and Agriculture Organization of the United Nations _______________________________ Place and date

RCPI's note! The text of the Agreement in English is attached below.

President

Republic of Kazakhstan

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