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

The Law of the Republic of Kazakhstan dated December 15, 2010 No. 362-IV

     To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the mutual provision of land for the construction of buildings of diplomatic missions of the Republic of Kazakhstan in the Republic of Uzbekistan and the Republic of Uzbekistan in the Republic of Kazakhstan, signed in Tashkent on March 17, 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 Uzbekistan on the mutual provision of land for the construction of buildings of diplomatic missions of the Republic of Kazakhstan in the Republic of Uzbekistan and the Republic of Uzbekistan in the Republic of Kazakhstan

(Bulletin of International Treaties of the Republic of Kazakhstan, 2011, No. 1, Article 8) (Entered into force on December 28, 2010)

     The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the "Parties", in order to ensure appropriate conditions for the stay and work of the diplomatic missions of the Republic of Kazakhstan in the Republic of Uzbekistan and the Republic of Uzbekistan 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 Republic of Uzbekistan with a land plot free of buildings and transit communications, located in Astana, with a total area of 2.6 hectares, for use for a period of forty-nine (49) years for the construction of buildings and structures of the Embassy of the Republic of Uzbekistan at the expense of the Uzbek Side.       The amount of rent for a land plot is one US dollar per year.       The exact location of the land plot and its boundaries are indicated in the plan (Appendix No. 1), which is an integral part of this Agreement.

  Article 2

     The Uzbek Side provides the Republic of Kazakhstan with a land plot free of buildings and transit communications, located in the city of Tashkent, with a total area of 2.0 hectares, for use for a period of forty-nine (49) years for the construction of buildings and structures of the Embassy of the Republic of Kazakhstan at the expense of the Kazakh Side.       The amount of rent for a land plot is one US dollar per year.       The exact location of the land plot and its boundaries are indicated in the plan (Appendix No. 2), which is an integral part of this Agreement.

  Article 3

     The Parties guarantee that the land plots specified in Articles 1 and 2 of this Agreement are provided free from debts, rights of third parties, being not mortgaged or otherwise encumbered, which would prevent their use for the purposes of this Agreement.

  Article 4

     The land plots specified in Articles 1 and 2 of this Agreement are used by the Parties only for the purposes provided for in this Agreement.

  Article 5

     The Party whose State receives the land plot has no right to expand, sell, encumber, transfer ownership, lease or sublet the land plot provided in accordance with this Agreement to a third party without the express written consent of the host State Party.       In the event of the sale or transfer of buildings and structures built on the land plots specified in Articles 1 and 2 of this Agreement, the host State shall have the pre-emptive right to acquire them.       The validity of this Agreement in respect of the real estate sold or transferred is automatically terminated.

  Article 6

     The Parties, on the basis of reciprocity, in accordance with the laws of their States, shall ensure the legal registration of ownership of buildings, structures and use of land plots specified in Articles 1 and 2 of this Agreement as soon as possible after the entry into force of this Agreement. The parties will simultaneously exchange relevant documents within a mutually agreed time frame.

  Article 7

     The lease of land plots by the Parties for the purpose of ensuring the activities of diplomatic missions of their states, except those specified in Articles 1 and 2 of this Agreement, is carried out on the terms of separate international treaties.

  Article 8

     Each Party, at the expense of its own budgetary funds, carries out the laying of roads, utilities (electric and telephone lines, water supply, sewerage and gas pipeline) to the borders of the land provided to the other Party, and also connects these communications to urban networks.

  Article 9

     The construction of buildings and structures on the land plots specified in Articles 1 and 2 of this Agreement may be carried out only after obtaining a construction or reconstruction permit in accordance with the requirements of the legislation of the receiving State.       In the event of a construction work stoppage due to the fault of the Party that provided the land, it will compensate the building Party for losses incurred in connection with the stoppage or termination of construction.

  Article 10

     The Parties have the right to import construction materials and equipment for the construction of buildings and structures on the provided land. The Party that provided the land plot shall exempt the other Party from paying all types of customs duties and taxes for materials and equipment imported exclusively for the construction, equipping and equipping of buildings and structures of diplomatic missions.

  Article 11

     The Parties have the right to send to the host State the personnel required for the preparation and implementation of the construction and reconstruction of their facilities, consisting of builders, technical supervision specialists and technical staff.

  Article 12

     The land plots specified in articles 1 and 2 of this Agreement are exempt from all types of taxes and fees imposed by the host State, with the exception of rent for the use of the land plot.       The party using the land plot carries out the operation and all types of repairs of buildings and structures, engineering communications, and maintenance of land plots at its own expense.       Payment for the use of public utilities (gas supply, electricity, water supply, sewerage, cleaning of the territory and other similar types of services), all types of communication services, as well as for the repair and maintenance of immovable property specified in Articles 1 and 2 of this Agreement, is made according to the standards and tariffs in force in the host state for diplomatic missions and their employees, in the currency of the host State.

  Article 13

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

  Article 14

     In case of disputes between the Parties in connection with the interpretation or application of this Agreement, the Parties resolve them through consultations and negotiations.

  Article 15

     This Agreement shall enter into force on 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 and shall be concluded for a period of forty-nine (49) years. Its validity will be automatically extended for the next forty-nine years, until one of the Parties notifies the other Party through diplomatic channels of its intention not to extend this Agreement no later than one year before the expiration of the current period.

     Done in Tashkent on March 17, 2010, in two originals, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic. For the purposes of interpreting the provisions of this Agreement, the text in Russian is used as the basis.

     For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

Appendix No. 1

to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the mutual provision of land for the construction of buildings of diplomatic missions of the Republic of Kazakhstan in the Republic of Uzbekistan and the Republic of Uzbekistan in the Republic of Kazakhstan

Site address: intersection of Karasaz and Talgar streets

Appendix No. 2

to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on the mutual provision of land for the construction of buildings of diplomatic missions of the Republic of Kazakhstan in the Republic of Uzbekistan and the Republic of Uzbekistan in the Republic of Kazakhstan

Site address: the area of the intersection of Zulfiyahonim and Abaya streets

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

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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