On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on the provision to the Government of the United States of America of a land plot for the construction of premises of the Consular Office of the United States of America in Almaty

The Law of the Republic of Kazakhstan dated May 19, 2025 No. 190-VIII SAM

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on the provision to the Government of the United States of America of a land plot for the construction of premises of the Consular office of the United States of America in Almaty, made in New York on September 27, 2024.

     President

Republic of Kazakhstan

K. TOKAEV

Unofficial translation

Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on the provision to the Government of the United States of America of a land plot for the construction of premises of the consular institution of the United States of America in the city of Almaty

     The Government of the Republic of Kazakhstan (hereinafter referred to as the Government of the Republic of Kazakhstan) and the Government of the United States of America (hereinafter referred to as the U.S. Government), hereinafter referred to individually as the Party and collectively as the Parties, have entered into this Agreement (hereinafter referred to as the Agreement) on the terms set out below.

Article 1

     1.1 The Government of the Republic of Kazakhstan leases to the U.S. Government a land plot of 70,593 square meters located between the following streets: Zhamakayev St., al-Farabi Ave., Seifullin Ave., Aldara Kose St., (hereinafter referred to as the land plot) for a period of 49 years from the date of conclusion of the lease agreement for the construction and operation of the premises of the consular institution United States of America in Almaty (hereinafter referred to as the Consulate building).

     1.2 The exact location of the land plot and its boundaries are indicated on the map provided in the annex to this Agreement.

     1.3 Unless otherwise agreed by the Parties, after the expiration of each initial 49-year period provided for in paragraph 1.1 and each subsequent lease period, the lease period is automatically extended for a further 49-year period.

     1.4 The amount of rent for the land plot for the initial 49-year lease term and for all subsequent 49-year extension periods (without limitation of the total duration) is USD 253,016 and will be paid in a single payment within 30 (thirty) calendar days from the date of entry into force of this Agreement in accordance with Article 13 of this Agreement.. The rent is paid to a bank account, which the Ministry of Foreign Affairs of the Republic of Kazakhstan will inform the U.S. Government about.

Article 2

     The land plot transferred by the Government of the Republic of Kazakhstan to the Government of the United States should not be the subject of debt, encumbrances, rights of third parties, and any buildings, auxiliary property or transit communications should not be located on it.

Article 3

     The U.S. Government is exempt from paying any taxes and other payments in respect of the land and the consulate building, except for the rent provided for in this Agreement.

Article 4

     4.1 The Government of the Republic of Kazakhstan must ensure that the rights of the U.S. Government to lease the land and the U.S. Government's ownership of the consular premises are legally formalized as soon as possible after the effective date of this Agreement (and with respect to the consular premises after construction is completed).

     4.2 In addition to paragraph 4.1, within 30 days of the entry into force of this Agreement, the Akimat of Almaty and the U.S. Government must sign a lease agreement governed by the laws of the Republic of Kazakhstan (the "Land Lease Agreement"). The Akimat of Almaty city must ensure registration of the land lease agreement, as required by the legislation of the Republic of Kazakhstan, within 10 days from the date of signing the land lease agreement. For the avoidance of doubt, the U.S. Government obtains the right to use the land from the effective date of this Agreement, and not from the date of registration of the lease agreement for the land.

     4.3 In case of any discrepancies between the Land Lease Agreement and this Agreement, this Agreement shall prevail.

     4.4 The Government of the Republic of Kazakhstan recognizes and confirms that after the entry into force of this Agreement, the land plot and all buildings on it are considered inviolable territory, and without the direct waiver by the US Government of the right to claim inviolability, representatives from the Republic of Kazakhstan are not allowed to enter such territory.

Article 5

     The U.S. government will have the right to build structures on the land that will be used as a consulate building, and its ownership of such structures will not be under any encumbrance, the consulate building can be used for official, residential, warehouse and other auxiliary purposes aimed at fulfilling consular functions.

Article 6

     The U.S. Government undertakes to independently pay all expenses incurred by it in connection with the construction of the consulate building, as well as expenses incurred by it in connection with the maintenance and repair of the consulate building, with payment for communication services, electricity, gas, water, heat, and other utilities in accordance with applicable regulations and tariffs in force in the Republic Kazakhstan.

Article 7

     The Government of the Republic of Kazakhstan ensures timely access by the U.S. Government to all utility grid connections (including electricity, communications, gas, sewerage, water supply, and drainage systems) at the boundaries of the land (after receiving technical specifications from the U.S. Government regarding such connections), as well as the proper nature and continuity of such connections.

Article 8

     The Government of the Republic of Kazakhstan will take all actions reasonably requested by the U.S. Government to grant the latter the full right of long-term land use in respect of the land and other lease rights in respect of the land, as well as the rights to build, own and operate the consulate building.; In addition, the Government of the Republic of Kazakhstan will provide assistance in all requests from the U.S. Government in connection with the above, including assistance in obtaining building permits, installing chamfered curbs, connecting to public utilities, as well as in obtaining all other permits, approvals and consents from government agencies, registration and filing documents.

Article 9

     The following provisions apply to the construction of the Consulate building:

     i A contractor from the USA will act as the general contractor;

     ii for the construction, furnishing and furnishing of the consulate building, the general contractor and the U.S. Government may involve subcontractors and labor from the United States, as well as use materials, supplies and goods produced in the United States;

     iii Materials, supplies, and goods imported by the U.S. Government for furnishing and furnishing the consulate building will be exempt from customs duties, import taxes, and permit requirements.;

     What? U.S. citizens who are employees of the U.S. Government (or its contractors or subcontractors) and who are engaged in the planning, design and construction of the consulate building will be exempt from all obligations to obtain work permits and pay individual income taxes provided for by the legislation of the Republic of Kazakhstan.;

     ? U.S. citizens who are employees of the U.S. Government (or its contractors or subcontractors) and are involved in the planning, design and construction of the consulate building are required to obtain work visas for a period of 3 years with the possibility of extending visas until the completion of the consulate building.;

     ?i the activities of non-Kazakhstani contractors or subcontractors of the U.S. Government (or the personnel of such contractors or subcontractors) will not be considered as creating a permanent establishment for such contractors or subcontractors for tax purposes and will not result in the application of withholding taxes in the Republic of Kazakhstan;

     ?ii The U.S. government will be able to use projects and plans prepared by U.S. firms that meet U.S. standards.;

     ?iii in addition to restrictions on the height of structures, no urban planning or other restrictions on the technical characteristics of structures contained in the Resolution of the Akimat of Almaty dated December 29, 2023 No. 4/722 "On Approval of the urban planning project for the implementation of the Master Plan of Almaty" (hereinafter referred to as the resolution of the Akimat) and all similar regulatory acts of state bodies are subject to application.;

     The ixth part of the consulate building with an area of no more than 1.5% of the total land area may exceed the height limits set by the resolution of the Akimat, all similar regulations of government agencies, and may reach up to 22 meters.;

     The rules, regulations and standards applicable to the construction of the consulate building will be international building codes and regulations;

     xi When applying for permits, approvals, and consents in connection with the construction or use of the consulate building, the U.S. Government is not required to provide information, designs, plans, or other information that it considers confidential.

Article 10

     10.1 The area between the land plot and al-Farabi Avenue, with an area of approximately 4,689 sq. m., designated on the attached plan as an "Indentation Zone", will be used only as a park or for similar purposes to the park. In cooperation with the Government of the Republic of Kazakhstan and the Akimat of Almaty, the U.S. Government will be responsible for the design, landscaping and landscaping of the indentation area. Projects for the development and improvement of the indentation zone should not contradict the security requirements of the US Government. In cooperation with the Government of the Republic of Kazakhstan and the Akimat of Almaty, the US Government will have the right to use part of the exclusion zone for the placement of art installations, statues, monuments and other similar purposes of consular activities, as well as to assign a name to the exclusion zone reflecting the relationship between the Parties, their common ideals and goals, or another appropriate name.

     10.2 No restrictions will be applied to the construction of a security perimeter wall (in accordance with US standards) around the land and structures on it.

     10.3 Currently, there are no plans to change the purpose of the road to the west of the land plot in order to use it for two-way traffic.

     10.4 The U.S. Government will have the right of way with respect to roads adjacent to the land.

Article 11

     11.1 All disputes and disagreements arising in connection with the interpretation or application of the terms set forth in this Agreement shall be resolved through consultations and negotiations.

      11.2 None of the provisions of this Agreement shall be interpreted as a waiver of any privileges or rights to immunity that a Party may have by virtue of international law or applicable international treaties, including the Vienna Convention on Diplomatic Relations of April 18, 1961 and the Vienna Convention on Consular Relations of April 24, 1963. of the year.

Article 12

     Amendments and additions may be made to this Agreement only by mutual agreement of the Parties and are formalized in separate protocols, which are an integral part of this Agreement.

Article 13

     This Agreement shall enter into force on the date of receipt through diplomatic channels of the last written notification confirming the completion by the Parties of the internal procedures necessary for its entry into force.

     Committed in the city ___________ "____" ______________ 2024 in two copies, in Kazakh and English. In the event of a discrepancy between the texts of the Agreement, the English text of the Agreement shall prevail.

FOR THE GOVERNMENT

REPUBLIC OF KAZAKHSTAN

FOR THE GOVERNMENT

THE UNITED STATES OF AMERICA

Annex to the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on the provision of a land plot to the Government of the United States of America for the construction of premises of the United States of America's Consulate in Almaty

Location of the land plot

I hereby confirm that the above translation into Russian of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on the lease of land to the Government of the United States of America for the Construction of premises of the United States Consular Office in Almaty, signed in New York on September 27, 2024, corresponds to the original text of the Agreement in English.

     Acting Director

Minister of Foreign Affairs

Republic of Kazakhstan

A. Rakhmetullin

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