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

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

The Law of the Republic of Kazakhstan dated May 4, 2018 No. 153-VI SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the mutual provision of land for the construction of buildings of diplomatic missions, signed in Astana on August 24, 2010.

President of the Republic of Kazakhstan

N. NAZARBAYEV

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

The Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan, hereinafter referred to as the Parties,

in order to strengthen friendly relations between the two States,

ensuring appropriate conditions for the stay and work of the diplomatic missions of the Republic of Kazakhstan in the Republic of Tajikistan and the Republic of Tajikistan in the Republic of Kazakhstan,

Having regard to the Vienna Convention on Diplomatic Relations of April 18, 1961,

have agreed on the following:

Article 1

The Kazakh Side provides the Tajik Side with a paid land use (lease) land plot in Astana south of Sh Street. Kaldayakova with a total area of 1 hectare, for the construction of buildings of the Embassy of the Republic of Tajikistan in the Republic of Kazakhstan for a period of forty-nine (49) years for a rent of 1 tenge per year.

The Tajik Side provides the Kazakh Side with a paid land use (lease) land plot in the first diplomatic town of Dushanbe on I. Somoni Avenue with a total area of 1 hectare for the construction of buildings of the Embassy of the Republic of Kazakhstan in the Republic of Tajikistan for a period of forty-nine (49) years for a rent of 1 somoni 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 30 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 not interfere with 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 with respect to the sold real estate 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 they pay independently according to 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, shall ensure the legal registration of ownership of buildings and structures and the right to lease land plots specified in Article 1 of this Agreement, and shall simultaneously exchange relevant title documents.

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 Astana on August 24, 2010, in two copies, each in the Kazakh, Tajik 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 of the Republic of Kazakhstan

For the Government of the Republic of Tajikistan

President

Republic of Kazakhstan

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