On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on the mutual provision of land for the construction of buildings of diplomatic missions

Law of the Republic of Kazakhstan dated January 8, 2013 No. 62-V

     To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on the mutual provision of land for the construction of buildings of diplomatic missions, signed in Almaty on October 20, 2011.

     President of the Republic of Kazakhstan N. NAZARBAYEV  

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on the mutual provision of land for the construction of buildings of diplomatic missions

(Entered into force on February 6, 2013 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 2, art. 22)

     The Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan, hereinafter referred to as the Parties, in order to strengthen friendly relations between the two States, ensure appropriate conditions for the stay and work of the diplomatic missions of the Republic of Kazakhstan in the Republic of Azerbaijan and the Republic of Azerbaijan in the Republic of Kazakhstan, taking into account The Vienna Convention on Diplomatic Relations of April 18, 1961, have agreed as follows:

  Article 1

     The Kazakh Side provides the Azerbaijani Side with a paid land use (lease) land plot in Astana south of Sh Street.Kaldayakova in the Presidential Park area with a total area of 0.5 hectares for the construction of buildings of the Embassy of the Republic of Azerbaijan in the Republic of Kazakhstan for a period of forty-nine (49) years for a rent of 1 tenge per year.       The Azerbaijani Side provides the Kazakh Side with a paid land use (lease) of a land plot in the city of Baku in the Khatai district along N. Street. Rafieva in block 1210 with a total area of 0.5 hectares, for the construction of buildings of the Embassy of the Republic of Kazakhstan in the Republic of Azerbaijan for a period of forty-nine (49) years for a rent of 1 manat per year.       The Parties undertake to make a one-time payment for the lease of the land plots specified in this article no later than 180 days from the date of entry into force of this Agreement.

  Article 2

     The Parties have no right to expand, sell, encumber or sublet the land plots specified in Article 1 of this Agreement to third parties.

  Article 3

     The land plots specified in Article 1 of this Agreement shall be transferred free from debts, encumbrances and rights of third parties, which would prevent their use for the purposes of this Agreement.

  Article 4

     The Parties undertake to comply with the national legislation of the host State in the field of urban planning and architecture when designing and constructing facilities of diplomatic missions.

  Article 5

     The construction of buildings of diplomatic missions on the land plots specified in Article 1 of this Agreement on a parity basis is exempt from all taxes, fees, and duties levied in accordance with the national legislation of the receiving State, with the exception of fees for the use of land plots.

  Article 6

     Buildings and structures built on the land plots specified in article 1 of this Agreement may be sold, subject to the preferential right of the host State to acquire them.       The validity of this Agreement in respect of the real estate sold is automatically terminated.

  Article 7

     All expenses for specific types of work, such as land management and topographic and geodetic, project expertise and construction of a building, as well as expenses for its maintenance and repair, electricity, gas, water and heat supply, communication services and other specific types of services on land plots specified in Article 1 of this Agreement, The parties pay independently in accordance with the regulations and tariffs in force in the host country.

  Article 8

     The Parties shall assist each other in coordinating and approving project documentation, organizing the issuance of permits for the construction of buildings and auxiliary structures on land plots specified in Article 1 of this Agreement, subject to mandatory compliance by the Parties with all applicable procedures provided for by the national legislation of the host State.

  Article 9

     The Parties, on a reciprocal basis, in accordance with the national laws of their States, ensure the legal registration of ownership of buildings and structures and the right to lease land plots specified in Article 1 of this Agreement.

  Article 10

     The lease of land plots by the Parties, except those specified in Article 1 of this Agreement, for the purpose of ensuring the activities of diplomatic missions of their States is carried out on the basis of separate international treaties.

  Article 11

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, formalized by separate protocols, which are its integral parts and enter into force in accordance with the procedure provided for in Article 13 of this Agreement.

  Article 12

     All disputes that may arise in the interpretation or application of the provisions of this Agreement shall be resolved by the Parties through mutual consultations and negotiations.

  Article 13

     This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.       This Agreement is valid for forty-nine (49) years, after which it is automatically extended for a further forty-nine years, unless either Party notifies the other Party in writing through diplomatic channels of its intention not to extend its validity at least 1 year before the expiration of the current forty-nine-year period.

     Done in Almaty on October 20, 2011, in two copies, each in the Kazakh, Azerbaijani and Russian languages, all texts being equally authentic.       In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the text in Russian.

       For the Government For the Government of the Republic of Kazakhstan           The Republic of Azerbaijan

     RCPI's note!        The following is the text of the Agreement in Azerbaijani.

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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