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 the Mutual Establishment of Cultural Centers

Home / RLA / 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 the Mutual Establishment of Cultural Centers

The Law of the Republic of Kazakhstan dated June 27, 2024 No. 98-VIII SAM

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the mutual Establishment of Cultural Centers, signed in Astana on November 27, 2023.

President of the Republic of Kazakhstan

K. TOKAEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the mutual establishment of cultural centers

The Government of the Republic of Kazakhstan and the Government of the People's Republic of China, hereinafter referred to as the Parties,

Guided by the universally recognized principles and norms of international law enshrined in the Charter of the United Nations;

Taking into account the Agreement on Good-Neighborliness, Friendship and Cooperation between the Republic of Kazakhstan and the People's Republic of China dated December 23, 2002, which laid the legal foundations for mutually beneficial cooperation between the States of the Parties;

Agreeing to further develop bilateral cooperation based on the principles of mutual respect and trust;

Desiring to strengthen and expand friendly relations between the States of the Parties in the cultural and humanitarian sphere;

Considering the importance of deepening cultural interaction within the framework of the "One Belt, One Road" initiative; agreed on the following:

Article 1

On the basis of reciprocity, the Government of the Republic of Kazakhstan establishes the Cultural Center of Kazakhstan in Beijing, and the Government of the People's Republic of China establishes the Cultural Center of China in Astana, hereinafter referred to as "cultural centers".

Based on the principles of equality and reciprocity, the Parties create favorable conditions for the establishment and functioning of their cultural centers.

If an official request is received, the Parties will exchange information on the activities and functioning of cultural centers.

The competent authorities for the implementation of this Agreement are:

from the Kazakh Side - the Ministry of Culture and Information of the Republic of Kazakhstan;

On the Chinese Side is the Ministry of Culture and Tourism of the People's Republic of China.

In the event of a change in the official name and functions of the above-mentioned competent authorities, the Parties shall immediately inform each other about this through diplomatic channels.

Article 2

The objectives of the creation of cultural centers are to comprehensively strengthen mutual understanding between the two peoples and promote the development of friendly relations, exchange and cooperation between the States of the Parties in the cultural and humanitarian field.

Article 3

The cultural centers of the two states have the status of a legal entity, are non-profit organizations accredited by the sending Party, and also operate in accordance with the legislation of the receiving State.

When organizing events provided for in Article 5 of this Agreement, cultural centers may establish direct contacts and conclude civil law contracts with government agencies, State-owned enterprises, legal entities and individuals of the host State.

Article 4

Cultural centers, for the purpose of organizing and holding events referred to in Article 5 of this Agreement, independently or jointly with other organizations outside their office premises, in accordance with the legislation of the receiving State, notify the relevant competent authorities of the receiving State in advance.

In carrying out its activities, as well as taking into account compliance with the legislation of the host State, one of the Parties ensures free access to cultural centers and participation in events held inside and outside the premises of cultural centers.

Cultural centers should not pursue goals or carry out any activities that are prohibited by the legislation of the States of the Parties.

It is prohibited for cultural centers to carry out religious, missionary or other activities contrary to the laws of the receiving State, as well as assistance in carrying out such activities by individuals or legal entities of the sending State on the territory of the receiving State.

Article 5

Cultural centers carry out the following types of activities subject to compliance with the legislation of the host State:

1) organization of various cultural events in accordance with the main objectives, such as familiarization with historical and cultural heritage, music, theater and cinema, book and thematic exhibitions, performances, seminars, lectures, screening of films and other audiovisual products, presentation of tourist potential. All types of printed materials used at events must be publications published in the territory of the receiving State or imported into its territory on legal grounds, the display of audiovisual materials must comply with the legislation of the receiving State in the field of distribution of audiovisual products of the receiving State.;

2) organization of educational events in the premises of cultural centers to promote the language and culture of the sending State;

3) creation of libraries, reading rooms, cinema halls, viewing rooms, multimedia space in the premises of cultural centers to familiarize citizens with the history and modern development, as well as cultural, artistic, educational, scientific and social life, books, periodicals, other publications and audiovisual materials of the sending state;

4) posting information about the activities of cultural centers;

5) carrying out other types of activities that do not contradict the objectives of this Agreement.

Article 6

In accordance with the legislation of the States of the Parties, the activities of cultural centers cannot be carried out for the purpose of making a profit.

At the same time, cultural centers on a non-commercial basis may charge a certain fee in the following cases:

1) for visits organized by cultural centers

artistic performances, exhibitions and other cultural events. Exhibition events must be conducted in accordance with the legislation of the host State regarding the import of printed products and the demonstration of imported printed products at exhibitions.;

2) for participation in language and cultural studies courses organized by cultural centers;

3) in connection with the distribution of periodicals, catalogs, posters, programs and audiovisual materials that are not prohibited by the legislation of the host State and are directly related to events organized by cultural centers, provided that these items will not be distributed through the trading platforms of the host state and this will not harm the rules of trading activities, as well as not it will violate the rights of intellectual property owners in the host State.

Article 7

The Parties determine the location of cultural centers in accordance with the legislation of the host State.

In the case of rental or purchase of real estate for the purpose of hosting cultural centers by the sending Party, the receiving State must provide the sending Party with the maximum possible conditions and assistance, subject to compliance with its legislation.

After obtaining permission for the design, construction, reconstruction and decoration of cultural center buildings, the sending Party must carry out the design, construction, reconstruction and decoration in accordance with the norms of urban planning of the host State. The construction contractor is selected and appointed by the directing Party.

Article 8

On the basis of compliance with the customs legislation of the receiving State and based on the fact that they are not intended for sale or commercial activity in the receiving State, as well as on the basis of the principles of reciprocity, cultural centers of the two Parties enjoy exemption from customs duties and taxes on the import of the following items:

1) equipment, furniture and stationery necessary for the daily administrative work of cultural centers, with the exception of motor vehicles;

2) photo albums, posters, program lists, books, CDs, records, educational equipment and audiovisual materials on various media in reasonable quantities necessary for the cultural center to carry out its activities;

3) films to be shown in the premises of the cultural center.

The above items may not be transferred for permanent or temporary use, leased, mortgaged, transferred for other purposes or otherwise disposed of without the permission of the relevant authorized bodies of Kazakhstan and the customs authority of China.

Article 9

The head of the cultural center or a person acting in his place has the right to sign legal documents necessary for carrying out activities in the territory of the host State.

The Cultural Center has the right to open bank accounts in accordance with the legislation of the host State.

Article 10

Taxes on income and property levied on cultural centers and employees of the cultural center are levied in accordance with the laws of the host State and the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China for the Avoidance of Double Taxation and the Prevention of Tax Evasion in Respect of Taxes on Income dated September 12, 2001.

Article 11

The head of the cultural center is appointed by the sending Party.

The head of the cultural center, as well as his staff accredited by the sending Party, have the citizenship of the sending State, official passports and do not enjoy diplomatic privileges and immunities in the host State. Other employees employed by the cultural center may be citizens of the sending or receiving State.

The Parties shall inform each other about the appointment and dismissal of employees of their cultural centers and promptly carry out the relevant formalities in accordance with the legislation of the host State.

Article 12

The legislation in the field of labor and social security of the sending Party applies to the head and employees of the cultural center appointed by the sending Party and holding an official passport, unless otherwise agreed by the Parties. Other employees employed by the cultural center are subject to the legislation in the field of labor and social security of the host State.

Article 13

The Parties shall provide favorable conditions and assistance in entry/exit and stay procedures to employees of cultural centers appointed by the sending Party and holding official passports, as well as their spouses and children under the age of 18.

Article 14

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties.

Article 15

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, are formalized in separate protocols and enter into force in accordance with the procedure provided for in Article 16 of this Agreement.

All disputes arising during the interpretation and implementation of this Agreement are resolved through negotiations and consultations.

Article 16

This Agreement shall be concluded for a period of five years 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.

This Agreement is automatically extended for subsequent five-year periods, unless either Party notifies the other Party in writing through diplomatic channels of its intention to terminate it at least 6 months before the expiration of its initial or any subsequent five-year period.

Done in Astana on November 27, 2023, in two copies in the Kazakh, Chinese and Russian languages, all texts being equally authentic. In case of discrepancies between the texts of this Agreement, the text in Russian shall prevail.

For the Government

Republic of Kazakhstan

For the Government

People's Republic of China

President

Republic of Kazakhstan

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