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 joint integrated hydroelectric complex Dostyk on the Khorgos River
The Law of the Republic of Kazakhstan dated April 21, 2014 No. 196-V SAM
To ratify 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 a joint integrated hydroelectric complex Dostyk on the Khorgos River, signed in Karaganda on November 13, 2010.
President of the 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 joint integrated hydroelectric complex Dostyk on the Khorgos River
(Entered into force on May 26, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 4, art. 35)
The Government of the Republic of Kazakhstan and the Government of the People's Republic of China, hereinafter collectively referred to as the "Parties", guided by By the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on cooperation in the field of use and protection of Transboundary rivers dated September 12, 2001, agreed as follows:
Article 1
1. The Parties are jointly constructing the joint Dostyk hydroelectric complex (hereinafter referred to as the joint hydroelectric complex) on the Khorgos River, at a distance of 24.5 km from the Khorgos border checkpoint, 4.3 km below the Khorgos hydroelectric station. 2. The junction line of the joint hydroelectric complex is a line running along its axis. 3. A joint hydroelectric power plant is the common property of the States of the Parties owning equal shares. 4. The issues of management and operation of the joint hydroelectric complex are regulated by a separate international agreement concluded between the Parties.
Article 2
1. The joint waterworks construction project includes the construction of: 1) regulated inlet and outlet channels; 2) dams with discharge and flushing openings; 3) curved channels with inlet and outlet locks; 4) main channel head locks; 5) control room with automation, electrical equipment and monitoring devices; 6) access road to a 200-meter-long joint hydroelectric complex on the territory of each state from the Sides. 2. Each Party carries out the construction of service facilities (an administrative building on the territory of the state of each of the Parties with electricity supply and communications) that are not part of the joint hydroelectric complex independently.
Article 3
Financing of the construction of a joint hydroelectric complex is carried out jointly by the Parties, at 50% of the total cost of the joint hydroelectric complex.
Article 4
During the construction of a joint hydroelectric power plant, the Parties shall be guided by the following principles: 1) the construction of a joint hydroelectric power plant should not change the position of the riverbed and the passage of the state border line, cause destruction of the banks and adversely affect the environment of the States of the Parties; 2) the construction of a joint hydroelectric complex is carried out in strict accordance with the laws of the States of the Parties, design estimates and other documentation approved by the authorized bodies of the Parties, and international and national safety standards for the construction and operation of similar facilities.
Article 5
1. In order to coordinate the construction of a joint hydroelectric complex, a Kazakh-Chinese Construction Committee (hereinafter referred to as the Committee) is being established. 2. The Committee consists of a Kazakh and a Chinese part, each of which includes representatives of authorized bodies and interested state bodies, as well as organizations from each of the Parties. 3. Each Party shall appoint a chairman and a vice-Chairman 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 6
1. The authorized bodies for the implementation of this Agreement are: from the Kazakh Side - the Committee on Water Resources of the Ministry of Agriculture of the Republic of Kazakhstan; from the Chinese Side - the Xinjiang Industrial and Construction Building. 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.
Articles 7
1. In order to effectively build a joint waterworks: 1) the preparation of working drawings and the construction of a joint hydraulic unit are carried out by an engineering design organization and a construction organization jointly determined by the Parties; 2) authorized bodies of the Parties conclude a joint civil contract on construction with a construction organization. 2. Permits and/or licenses for the construction of a joint hydroelectric complex, required in accordance with the laws of the States of the Parties, must also be attached to the working drawings.
Article 8
Acceptance of construction works is carried out in stages by the authorized body of each of the Parties on the territory of its state in coordination with the Committee in accordance with the legislation of its state and according to the schedule jointly approved by the authorized bodies of the Parties.
Article 9
1. The border authorities of the States of the Parties shall ensure the crossing of the state border by working personnel in the area of the construction of a joint hydroelectric complex, the transportation of equipment, raw materials and materials necessary for the construction of a joint hydroelectric complex in a simplified manner and monitor compliance with the state border regime. 2. The land plots allocated by the States of the Parties for the construction of a joint hydroelectric complex are used exclusively for the construction of a joint hydroelectric complex in accordance with the design and estimate documentation approved by the Parties.
Articles 10
All disagreements arising between the Parties in the interpretation and application of the provisions of this Agreement shall be resolved through consultations.
Article 11
This Agreement may be amended or supplemented 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 joint hydroelectric complex. 2. This Agreement shall be temporarily applied 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 Karaganda on November 13, 2010, in two copies, each in the Kazakh, Chinese and Russian languages, all texts being equally authentic.
For the Government For the Government of the Republic of Kazakhstan of the People's Republic of China
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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