On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on cooperation in the construction of the Chukurbulak (Almaly) joint drainage dam on the Khorgos River
The Law of the Republic of Kazakhstan dated June 29, 2018 No. 164-VI SAM.
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on cooperation in the construction of the Chukurbulak (Almaly) joint drainage dam on the Khorgos River, signed in Astana on June 8, 2017.
President Republic of Kazakhstan
N. NAZARBAYEV
Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on cooperation in the construction of the Chukurbulak (Almaly) joint drainage dam on the Khorgos River
(Entered into force on November 22, 2018, Bulletin of International Treaties of the Republic of Kazakhstan 2019, No. 2, Article 16 )
The Government of the Republic of Kazakhstan and the Government of the People's Republic of China, hereinafter referred to as the Parties,
in order to further develop and strengthen friendly and good-neighborly relations between the States,
Based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on Cooperation in the Use and Protection of Transboundary Rivers dated September 12, 2001,
Considering the long-term friendly cooperation of the Parties in the field of transboundary rivers,
Recognizing the social and economic value of the construction of the Chukurbulak (Almaly) joint drainage dam (hereinafter referred to as the drainage dam) on the Khorgos River,
Attaching great importance to the construction of a drainage dam for the safety of life and property of the peoples of the two countries of the lower Khorgos River basin,
have agreed on the following:
Article 1
1. The Parties shall jointly construct a drainage dam. The drainage dam is located 5 km upstream from the Kazakh-Chinese joint integrated hydroelectric complex Dostyk on the Khorgos River.
2. The axis of the drainage dam: on the Kazakh side it is fixed by reference points: No. 5 (X=123489.237; Y=48851.682; Z=1376.641) and No. 6 (X=123477.531; Y=48831.922; Z=1392.781), on the Chinese side it is fixed by reference points: Z01 (X=123785.972; Y=49352.569; Z=1351.2) and Z02 (X=123684.034; Y=49180.498; Z=1301.83).
3. The longitudinal axis of the central reinforced concrete part of the drainage dam is the junction line of the joint dam.
4. The drainage dam is the common property of the States of the Parties owning equal shares.
5. Issues of management and operation of a drainage dam are regulated by a separate international agreement concluded between the Parties.
Article 2
1. The project for the joint construction of a drainage dam includes the construction of:
1) the central reinforced concrete part of the dam (including the necessary metal structures);
2) the earthen part of the dam;
3) Dam control and measuring system;
4) temporary lintel and drainage channel for the passage of water during the construction period;
5) coastal protection structures (dams) below the dam, 200 meters on each side.
2. Each Party shall carry out the construction of service facilities (administrative buildings on the territory of the state of each of the Parties, electricity supply and communications) that are not part of the drainage dam independently.
Article 3
Financing of the construction of the drainage dam is carried out jointly by the Parties, at 50% of the total cost of the drainage dam.
Article 4
During the construction of the drainage dam, the Parties are guided by the following principles:
1) the construction of a drainage dam must not change the position of the riverbed and the passage of the state border line, cause destruction of the banks and adversely affect the state of the environment of the States of the Parties;
2) the construction of a drainage dam is carried out in strict accordance with the national legislation and technical standards of the States of the Parties, design and estimate documentation approved by the competent authorities of the Parties.
Article 5
1. The authorized bodies for the implementation of this Agreement are:
from the Kazakh Side - the Committee on Emergency Situations of the Ministry of Internal Affairs of the Republic of Kazakhstan;
From the Chinese Side, the Xinjiang Industrial and Construction Corps of the People's Republic of China.
2. In the event of a change in the name or functions of the authorized body, each Party shall immediately notify the other Party through diplomatic channels.
Article 6
1. In order to coordinate the work on the construction of a drainage dam, the Kazakh-Chinese Committee for the construction of a joint drainage dam (hereinafter referred to as the Committee) is being established.
2. The Committee consists of Kazakh and Chinese parts, each of which includes representatives of authorized bodies and interested state bodies, as well as organizations of States from each of the Parties.
3. Each Party shall appoint the Chairman and Vice-Chairmen of its part of the Committee.
4. The Committee's regulations are approved by the Chairmen of both parts of the Committee.
5. The Committee's tasks include coordinating engineering and construction work on the territory of the State of each of the Parties and resolving organizational and other construction-related issues that require joint resolution by the Parties.
6. The Committee shall hold its meetings alternately in the territory of the State of each of the Parties. Extraordinary meetings of the Committee may be held on the initiative of any Party.
Article 7
1. In order to effectively build a drainage dam:
1) the preparation of working drawings and the construction of a drainage dam are carried out by design and construction organizations jointly determined by the Parties.;
2) the authorized bodies of the Parties conclude joint civil law contracts on construction and design with construction and design organizations.
2. In accordance with the national laws of the States of the Parties, design and construction organizations must have appropriate qualifications and/or licenses.
Article 8
Acceptance of the construction of a drainage dam is carried out in accordance with the national legislation and technical standards of the States of the Parties, as well as the project documentation approved by the competent authorities. The procedure for interim and final acceptance is determined by the Committee.
Article 9
1. The competent authorities of the States of the Parties in the designated area for the construction of a drainage dam shall provide favorable conditions for the simplified crossing of the State Border by personnel, vehicles, equipment, raw materials and materials necessary for construction, as well as monitor production activities and adjacent areas in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Kazakh mode- the Chinese State Border dated December 20, 2006 and other bilateral international treaties, as well as the national legislation of the State of each of the Parties.
In this article, the competent authorities defined by the national legislations of the States of the Parties are the bodies whose competence includes resolving issues in accordance with this Agreement.
2. The land plots allocated by the States of the Parties for the construction of a drainage dam are used exclusively for construction purposes, in accordance with the design documentation approved by the Parties, as well as for measures to ensure the regime of the State Border.
Article 10
All disagreements regarding the interpretation and/or application of the provisions of this Agreement are resolved through negotiations and consultations.
Article 11
Amendments and additions may be made to this Agreement by mutual agreement of the Parties, which are its integral parts and are formalized in separate protocols.
Article 12
1. This Agreement is concluded for the period of construction of the drainage dam.
2. This Agreement shall be temporarily applied from the date of its signing to the extent that it does not contradict the laws of the States of the Parties, and shall enter into force from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.
Done in Astana on June 8, 2017, in two copies, each in the Kazakh, Chinese and Russian languages, all texts being equally authentic.
For the Government of the Republic of Kazakhstan
For the Government People's Republic of China
RCPI's note! The text of the Agreement in Chinese is attached below.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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