On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on the mutual provision of land for the placement of diplomatic missions

Law of the Republic of Kazakhstan dated June 21, 2013 No. 108-V

     To ratify The agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on the mutual provision of land for the placement of diplomatic missions, signed in Minsk on May 14, 2012.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on the mutual provision of land plots for the placement of diplomatic missions

(Entered into force on May 14, 2013 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 4, art. 41)

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

  Article 1

     The Kazakh Side leases to the Belarusian Side a land plot with an area of 0.86 hectares in Astana along R. Koshkarbayev Avenue (No. 12) to accommodate the Embassy of the Republic of Belarus in the Republic of Kazakhstan, with a rental fee of 1 (one) US dollar per year for the use of the specified plot.       The Belarusian Side is leasing to the Kazakh Side a land plot with an area of 0.86 hectares in Minsk in the area of Pobediteley Avenue – Orlovskaya Street to accommodate the Embassy of the Republic of Kazakhstan in the Republic of Belarus, with a rental fee of 1 (one) US dollar per year for the use of the specified plot.       The Parties undertake to pay the rent in a lump sum for the entire lease period of the land plots specified in this article, no later than 90 (ninety) days from the date of entry into force of this Agreement.

  Article 2

     The terms of use of the land plots specified in Article 1 of this Agreement are determined by lease agreements for land plots, which will be concluded in accordance with the established procedure in accordance with the legislation of the State on whose territory the land plot is located.       Lease agreements for land plots specified in Article 1 of this Agreement are concluded for a period of 49 (forty-nine) years and are extended by concluding additional agreements for subsequent 49-year periods. The extension of the lease agreements for land plots specified in Article 1 of this Agreement is possible provided that this Agreement has not been terminated.

  Article 3

     The Parties may not transfer the land plots specified in Article 1 of this Agreement to third States, legal entities and individuals for a fee or free of charge without obtaining the written permission of the Party in whose territory the land plot is located.

  Article 4  

     Buildings and structures built on the land plots specified in Article 1 of this Agreement are the property of the State that built them and may be sold taking into account the preferential right of the State in whose territory the land plot is located to acquire them.       The validity of this Agreement in respect of the sold property, as well as the land plots on which it is located, is automatically terminated from the moment of transfer of ownership.  

  Article 5  

     When using the land plots specified in Article 1 of this Agreement, as well as carrying out work on the design, construction and operation of buildings and structures on these land plots, each Party shall comply with the requirements established by the legislation of the State on whose territory the land plot is located.

  Article 6  

     The Parties guarantee that the land plots specified in Article 1 of this Agreement are not burdened with any debts or other restrictions, as well as any claims and the right of restitution have not been imposed on them. In the event of any claims arising from the date of entry into force of this Agreement, the Party in whose territory the land plot is located will settle such claims at its own expense.  

  Article 7

     The land plots specified in Article 1 of this Agreement and the buildings and structures built on them are exempt from all taxes, fees and other mandatory payments levied on the territory of the State where the land plot is located, with the exception of the rent established in Article 1 of this Agreement.  

  Article 8

     All expenses for specific types of services, such as land management and topographic and geodetic works, project expertise for the construction and construction of buildings and structures, as well as the costs of their operation and maintenance, including costs related to the repair of electricity, gas, water and heat supply, communication services and other types of services The Parties shall pay for the land plots specified in Article 1 of this Agreement independently in accordance with the regulations and tariffs in force in the State on whose territory the land plot is located.  

  Article 9  

     The Party providing the land plot to the other Party in accordance with this Agreement, at its own expense, ensures the supply of engineering networks and communications (water, heat, sewerage, electricity, communications, and others) to the boundaries of the land plot, and within the boundaries of the land plot at the expense of the state of the Party receiving the land plot.  

  Article 10  

     The Parties shall assist each other in coordinating and approving project documentation, organizing the issuance of permits for the construction of buildings and 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 laws of the States of the Parties.  

  Article 11

    The Parties, on a mutual 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 12  

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols.

  Article 13

     All disputes that may arise during the interpretation and implementation of this Agreement shall be resolved by the Parties through mutual consultations and negotiations.

  Article 14  

     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 concluded for a period of 49 years with automatic renewal for subsequent 49-year periods, unless either Party notifies the other Party in writing no later than one year before the expiration of the current period of its intention to terminate this Agreement.

     Done in Minsk, on May 14, 2012, in two copies, each in the Kazakh and Russian languages, all texts being equally authentic.       In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian.

     For the Government For the Government of the Republic of Kazakhstan of the Republic of Belarus

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  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases