On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the International Bureau of Exhibitions on benefits and preferences for official participants related to the holding of the International Specialized Exhibition EXPO-2017 in Astana

The Law of the Republic of Kazakhstan dated March 1, 2016 No. 467-V SAM

     To ratify Agreement between the Government of the Republic of Kazakhstan and the International Bureau of Exhibitions on benefits and preferences for official participants related to the holding of the International Specialized Exhibition EXPO-2017 in Astana, signed in Paris on November 5, 2015.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  AGREEMENT between the Government of the Republic of Kazakhstan and the International Bureau of Exhibitions on benefits and preferences for official participants related to the holding of the International Specialized Exhibition EXPO-2017 in Astana

Entered into force on March 2, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 5, art. 77

     The Government of the Republic of Kazakhstan and the International Bureau of Exhibitions (hereinafter referred to as the "BIE"), hereinafter referred to as the "Parties", taking into account that the Republic of Kazakhstan is a member of the BIE and a participant The Convention on International Exhibitions, concluded in Paris on November 22, 1928, as amended (hereinafter referred to as the "Convention"), which grants the BIE the right to conclude agreements with States regarding benefits and preferences; since the Republic of Kazakhstan will be holding from June 10 to September 10, 2017. The International Specialized Exhibition EXPO-2017 in Astana on the theme "Future Energy" (hereinafter referred to as the "exhibition"), recognized by the BIE at the 155th session of the General Assembly on June 11, 2014, and is responsible for the success and prestige of the exhibition; whereas, according to The Republic of Kazakhstan shall take all necessary measures to facilitate the participation of official participants and enable them to carry out their tasks within the framework of the exhibition; have agreed as follows:

  Chapter 1. General provisions

  Article 1. Definitions

     The terms used in this Agreement have the following meanings:       "Inviting Government" is the Government of the Republic of Kazakhstan, which guarantees compliance with the provisions of the Convention and the rules established for the organization and holding of the exhibition; "exhibition" is the International Specialized Exhibition EXPO-2017, which will be held in Astana from June 10 to September 10, 2017; "Exhibition Commissioner" is a person authorized by Decree of the President of the Republic Kazakhstan to represent the Government of the Republic of Kazakhstan on the organization and holding of the exhibition;       "Section Commissioner" - a representative appointed by the Government of an official participant or an international organization participating in the exhibition as an official participant, signing a participation agreement with the organizer and Commissioner of the exhibition and equated in the status of residence in the territory of the Republic of Kazakhstan to the heads of diplomatic missions; "Organizer" - Joint Stock Company "National Company "Astana EXPO-2017", established in accordance with Resolution No. 11 of the Government of the Republic of Kazakhstan dated January 15, 2013;       "Official Participant" - a state or an international organization that has received and accepted an official invitation from the Republic of Kazakhstan to participate in the exhibition; "Office of the Commissioner of the Section" - a legal entity of the official participant that, in accordance with the legislation of the Republic of Kazakhstan, has opened a permanent establishment in the Republic of Kazakhstan for the entire period of preparation, operation and disposal of its pavilion or stand in in accordance with this Agreement;       "Staff members" are employees of the Section Commissioner's Office of each official participant: the Section Commissioner, the Deputy Section Commissioner, the pavilion directors and other officials of the official participants who are directly responsible for the administrative, operational and organizational part of the activities of the official participant, the Section Commissioner's Office, maintenance staff and booth attendants/pavilion guides who are not residents of the Republic of Kazakhstan.;       "Family member" - spouse and/or children (under the age of 21) of the Section Commissioner, Deputy Section Commissioner, pavilion directors; "Media representatives" - persons engaged in coverage of exhibition events accredited by the organizer; "Participation Agreement" - an agreement between the Section Commissioner and the organizer with the affixing signature of the Commissioner of the exhibition, providing for the conditions of participation in the exhibition; "Basic Regulations" - the regulations of the exhibition, which is part of the registration dossier;       The "Registration dossier" is a document concerning the organization and holding of the exhibition, which was submitted to the BIE and approved during the 155th session of the BIE General Assembly on June 11, 2014.

  Article 2. Subject of the Agreement

     The subject of this Agreement is the definition and establishment of benefits and preferences that the inviting Government grants to full-time employees and other persons provided for in this Agreement, and in accordance with the Convention must be legally recognized and approved prior to their application.

  Article 3. Duties of the BIE, the Exhibition Commissioner and the organizer

     In accordance with paragraph 1 of Article 25 of the Convention, the BIE is responsible for implementing the provisions of the Convention in relation to the exhibition.       In accordance with paragraph 2 of article 10 of the Convention, the inviting Government guarantees the fulfillment of the obligations of the organizer.       In accordance with article 12 of the Convention, the Commissioner of the Exhibition represents the Republic of Kazakhstan in all matters related to the exhibition.       The organizer is responsible for the organization and holding of the exhibition.

  Article 4. Beneficiaries (recipients) of benefits and preferences

     The benefits and preferences provided for in this Agreement are provided to facilitate the performance of their functions to the persons specified in Articles 11, 12, 13, 16 of this Agreement, as well as to representatives of the BIE.

  Article 5. Official information required for the organizer

     1. The official participant undertakes to send to the organizer for approval a list of its full-time employees, as well as, where applicable, a list of persons specified in Article 4 of this Agreement. At the same time, the list of media representatives is subject to prior agreement with the Section Commissioner before it is sent to the organizer.         2. In addition to the above list, the official participant undertakes to send the organizer information indicating the personal data, responsibilities and occupation and family relations of the persons listed in the list.         3. If necessary, the official participant undertakes to provide information about goods, activities or works, or any other information required by the authorized bodies of the Republic of Kazakhstan in order to provide benefits and preferences.  

  Article 6. Confirmation of information

     The official information sent by the official participant in accordance with Article 5 of this Agreement must be confirmed by the organizer that the persons, goods, activities or anything else are directly and officially related to the exhibition. If necessary, this information must also be confirmed by the Exhibition Commissioner.

  Article 7. Protection of personal data

     The exchange of personal data of persons subject to the provisions of this Agreement between the organizer, the Commissioner of the exhibition or any other authorized body of the Republic of Kazakhstan is carried out taking into account the legislation of the Republic of Kazakhstan on personal data protection.

  Article 8. Terms of application of benefits and preferences

     The benefits and preferences provided in accordance with this Agreement are valid from March 1, 2016 to December 31, 2017, with the exception of the customs benefits and preferences specified in Article 12 of this Agreement, which are valid from March 1, 2016 to March 9, 2018. This article shall apply without prejudice to paragraph 1 of Article 21 of this Agreement.

  Article 9. Administrative cooperation

     The state bodies of the Republic of Kazakhstan authorized to make decisions on the issues mentioned in this Agreement, including state bodies in the field of visa support, internal affairs, social security and taxes, provide the Office of the Exhibition Commissioner, the organizer and the Unified Service Center with detailed information necessary to fulfill their duties in connection with the provision of benefits and preferences. provided for by this Agreement. In addition, the rules and regulations resulting from this agreement should be developed by the responsible government authorities in order to resolve any issues that may be necessary for the proper application of the benefits and preferences provided for in this Agreement.       In particular, with regard to visa applications, the authorized body should pay special attention to the needs of official participants and, to this end, it provides, in an appropriate manner and at an appropriate time, all the material and human resources necessary to ensure compliance with the established procedure and prompt issuance of visas.

  Article 10. The purpose of benefits, preferences and cooperation with government agencies of the Republic of Kazakhstan

1. The benefits and preferences provided for in this Agreement are provided solely for the purpose of the successful holding of the exhibition, and not for the personal benefit of individuals.        2. Without prejudice to the benefits and preferences provided in accordance with this Agreement, all persons enjoying such benefits and preferences must refrain from any abuse in connection with the facilities mentioned in this Agreement, and must comply with the laws and regulations in force in the territory of the Republic of Kazakhstan. Such persons are also required to refrain from interfering in the internal affairs of the Republic of Kazakhstan.         3. The Republic of Kazakhstan is not responsible for the actions or omissions of persons associated with official participants who are entitled to benefits and preferences.         4. The provisions of this Agreement do not in any way restrict the right of the inviting Government to take measures necessary to ensure national security.        5. Issues not regulated by this Agreement, the Convention, the participation agreement, the basic regulations, as established in the registration dossier, are regulated in accordance with the legislation of the Republic of Kazakhstan.

  Chapter 2. Industry regulations

  Article 11. Entry and stay

       1. The inviting Government shall take all necessary measures to facilitate the entry, exit and stay in the territory of the Republic of Kazakhstan of staff members, family members, as well as representatives of the media.        2. The inviting Government issues a free, multiple-entry visa of the Republic of Kazakhstan to the persons specified in paragraph 1 of this Article for a period of up to 12 months, which may be extended by the competent authorities of the Republic of Kazakhstan until December 31, 2017.         3. The inviting Government shall take all necessary measures to facilitate the entry, exit and stay in the Republic of Kazakhstan of the following persons: 1) personnel of suppliers of goods, works and services for official participants necessary for the design, construction and/or operation of the pavilion of the official participant; 2) persons participating in artistic and cultural events organized on the territory exhibitions by official participants or the organizer;         3) persons involved in commercial activities within the framework of the exhibition in accordance with the basic regulations, with the permission of the organizer; 4) personnel necessary, where applicable, to care for family members.        4. The visas required for the persons referred to in paragraph 3 of this article shall be issued in an expedited manner.       5. In order to facilitate the entry, exit and stay of the persons referred to in paragraphs 1 and 3 of this Article, in accordance with this Agreement, the necessary provisions should be introduced for the procedure for obtaining work visas, as well as registration procedures by the competent authorities.         6. The Organizer shall immediately send to the official participants the relevant information related to the entry, exit and stay procedures.        7. In order to ensure the proper functioning of the visa issuance procedures, official participants must immediately provide the organizer with personal data relating to the persons referred to in paragraphs 1 and 3 of this article, indicating the expected duration and purpose of their stay in the Republic of Kazakhstan.  

  Article 12. Tax and customs benefits for Section Commissioner's offices

       1. The value added tax on goods, works, and services purchased by the Office of the Commissioner of the Section in the territory of the Republic of Kazakhstan for the construction, installation, exhibition, operation, and dismantling of its pavilions for the exhibition is subject to refund in accordance with the procedure established by the legislation of the Republic of Kazakhstan for diplomatic missions of foreign states. In the event that the value added tax is replaced by a sales tax or other indirect taxes, the provisions apply to such replacement taxes.        In the event of changes in the legislation of the Republic of Kazakhstan in the field of taxation, the Office of the Commissioner of the Section will be subject to the value-added tax measures established by the legislation of the Republic of Kazakhstan for diplomatic missions of foreign states.        2. The income of the Office of the Commissioner of the Section received from sources in the Republic of Kazakhstan during the exhibition period and directly related to their participation in it, including (but not limited to) income from catering activities on the territory of the exhibition and the sale of souvenirs, is exempt from corporate income tax.        3. The customs declaration of foreign goods intended for the organization and holding of the exhibition, imported by the Office of the Commissioner of the Section for official use, is carried out without payment of customs duties and taxes, as well as the application of non-tariff and technical regulation measures in accordance with the decision of the Commission of the Customs Union of the Eurasian Economic Community dated May 20, 2010 No. 329.4. Foreign goods imported for personal use by the Section Commissioner and staff members with diplomatic status are exempt from customs duties and taxes, as well as non-tariff and technical regulation measures in accordance with Chapter 52 of the Code of the Republic of Kazakhstan "On Customs in the Republic of Kazakhstan".        Foreign goods imported for personal use by full-time employees who do not have diplomatic status are exempt from customs duties and taxes, as well as non-tariff and technical regulation measures in accordance with the Agreement on the Procedure for Individuals to Move Goods for Personal Use across the Customs Border of the Customs Union and perform Customs Operations related to their Release dated June 18. in 2010.       The above-mentioned benefits for the payment of customs duties and taxes do not apply to full-time employees who are residents of the Republic of Kazakhstan.        5. Imported goods are subject to sanitary, veterinary and phytosanitary checks, as well as other related measures in accordance with the law of the Eurasian Economic Union. Authorized state bodies of the Republic of Kazakhstan carry out such inspections in accordance with the established legislation.         6. Goods that are exempt from customs duties and taxes upon import and imported without the application of non-tariff and technical regulation measures cannot be used for commercial activities, sold or alienated. In cases where such goods are used for commercial activities, sale or alienation, the measures provided for by the law of the Eurasian Economic Union are applied to them.        7. The list of goods prohibited and (or) restricted for import into the customs territory of the Eurasian Economic Union is contained in the Unified List of Goods to which prohibitions or restrictions on import or export by the member States of the Eurasian Economic Union in Trade with third countries are applied, and is regulated:       By the decision of the Board of the Eurasian Economic Commission dated August 16, 2012 No. 134 "On regulatory legal acts in the field of non-tariff regulation";        By the decision of the Board of the Eurasian Economic Commission dated April 21, 2015 No. 30 "On non-tariff regulation measures"; by the Law of the Republic of Kazakhstan "On Export Control".        8. The Office of the Commissioner of the Section has the right to open accounts in any bank of the Republic of Kazakhstan, in any currency for the amounts necessary to fulfill its organizational tasks.  

  Article 13. Tax benefits for the Section Commissioner and staff members

The Section Commissioner and staff members who are not citizens of the Republic of Kazakhstan and do not have a residence permit in the Republic of Kazakhstan, as well as family members who are not citizens of the Republic of Kazakhstan and do not have a residence permit in the Republic of Kazakhstan, enjoy the following benefits during their stay in the Republic of Kazakhstan:          1. The Section Commissioner, staff members, and family members, with the exception of persons who are citizens of the Republic of Kazakhstan or have a residence permit in the Republic of Kazakhstan, are not recognized as residents of the Republic of Kazakhstan for tax purposes.        2. The income of the persons referred to in paragraph 1 of this Article, with the exception of persons who are citizens of the Republic of Kazakhstan, received in the form of payments under an agreement with the Office of the Commissioner of the Section, as well as payment of expenses for accommodation, medical insurance, medical care, meals, travel from their place of residence outside the Republic of Kazakhstan to the venue of the exhibition and back, Those produced as part of assistance to developing countries are exempt from individual income tax. The expenses of the Section Commissioner's Office for the payment of such income are not subject to social tax.        3. The value added tax on goods, works, and services purchased by the persons specified in paragraph 1 of this Article on the territory of the Republic of Kazakhstan for the purpose of building, installing, exhibiting, operating, and dismantling their pavilions for the Exhibition is subject to refund in accordance with the procedure established by the legislation of the Republic of Kazakhstan for diplomatic missions of foreign states.        In the event that the value added tax is replaced by sales tax or other indirect taxes, the provisions established by this paragraph shall apply to these taxes.       In the event of changes in the legislation of the Republic of Kazakhstan in the field of taxation, the persons referred to in paragraph 1 of this Article will be subject to value-added tax measures established by the legislation of the Republic of Kazakhstan for diplomatic missions of foreign states.        4. The income of the Commissioner of the Section received from sources in the Republic of Kazakhstan during the exhibition period and directly related to participation in the exhibition is exempt from individual income tax.  

  Article 14. Recognition of driver's licenses

     1. Driver's licenses issued in the participating countries The United Nations Convention on Road Traffic of November 8, 1968 (hereinafter referred to as the Convention on Road Traffic) is recognized and valid on the territory of the Republic of Kazakhstan.        2. The Commissioner of the Section, staff members, as well as the persons specified in Article 4 of this Agreement may use a valid national driving license in accordance with the Convention on Road Traffic or an international driving license when driving vehicles.         3. The organizer, if necessary, assists the official participants in preparing a notarized translation of the driver's license into Kazakh or Russian.  

  Article 15. Insurance

     1. The Commissioner of the section, the staff of each official participant, as well as the persons referred to in Article 4 of this Agreement, must conclude insurance contracts, including medical insurance, on the terms stipulated in the participation contracts.         2. The official participant and/or the Commissioner's Office shall provide the organizer with confirmation that the required insurance contracts have been concluded.        3. The official participants, the Office of the Commissioner of the Section, as well as the persons referred to in Article 4 of this Agreement, in case of damage, are not entitled to compensation for claims that may arise as a result of damage, unless such an incident is related to the intentional act or gross negligence of the organizer, or his staff, or other participants or his staff.         4. In case of damage, the organizer is not entitled to compensation for claims that may arise as a result of damage, unless such an incident is related to intentional action or gross negligence of the official participants of the exhibition and its staff in relation to the staff or other participants.  

  Article 16. Participation in the national education system and university courses

       1. If necessary, educational organizations of Astana city of any kind or level, including educational organizations located in Astana, excluding educational institutions of special state bodies and educational organizations, law enforcement agencies, accept family Members during the school year and provide education in the state and Russian languages.         2. During school visits, students will be asked to provide evidence of an insurance policy to cover medical expenses, as well as a policy covering accidents, third-party liability insurance for damages and related legal fees.         3. At the end of the stay, the educational organization to which the student has been assigned issues a report card or a certificate indicating the time of study and study of general subjects.  

  Article 17. Information coverage

       1. Official participants and visitors of the exhibition receive information about the exhibition through the following channels: 1) the special bulletin of EXPO-2017, issued on a regular basis; 2) the official website of the Organizer (www.expo2017astana.com ).        2. The right to use the organizer's trademark (logo) must be granted to official participants based on a decision of the organizer's executive body.         3. The right to use the organizer's trademark (logo) is granted to official participants in accordance with the organizer's decision.  

  Article 18. Unified Service Center

     To serve the official participants, the Offices of the Section Commissioners and their staff, the organizer will create a single service center operating on a one-stop-shop basis around the clock, which will house representatives of government agencies and other organizations (including the internal affairs agency, customs authority and tax authority), who will provide timely and effective appropriate services. types of government and other services.

  Article 19. Rights of Official participants

       1. The inviting Government grants the Offices of the Section Commissioners the following powers within the framework of their main activities: 1) to sign contracts; 2) to acquire and sell movable property; 3) to appear in court; 4) to represent the interests of official participants in government agencies and other organizations of the Republic of Kazakhstan.        2. For the purposes of paragraph 1 of this article, the official participants are represented by the Commissioner of the section, or, in his/her absence, the Deputy Commissioner of the section, as specified in the Convention.  

  Chapter 3. Final provisions

  Article 20. Dispute resolution

     Any dispute between the Parties concerning the interpretation or application of this Agreement shall be settled in accordance with the provisions of article 34 of the Convention.       Any disputes between the Official Participants or the official participant and the organizer are resolved in accordance with the Convention, the participation agreement and the basic rules.

  Article 21. Entry into force and changes

       1. This Agreement shall enter into force on the date of confirmation of receipt of the second of the two notifications through diplomatic channels by the International Bureau of Exhibitions and the Kazakh side, informing about the completion of the relevant domestic procedures necessary for its entry into force.         2. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are integral parts of this Agreement and are formalized in separate protocols, which enter into force in accordance with the procedure provided for this Agreement.  

     Done in Paris, November 5, 2015, in two originals, each in Kazakh, Russian, French and English, all texts being authentic. In case of discrepancies, the English text will prevail.

         For the Government For the International Bureau of Exhibitions of the Republic of Kazakhstan

     RCPI's note!       The text of the Agreement in French and English is attached.

President    

Republic of Kazakhstan     

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