On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the International Committee of the Red Cross on the Status, Privileges and Immunities of the Representative Office of the International Committee of the Red Cross in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated November 21, 2018 No. 194-VI SAM.

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the International Committee of the Red Cross on the Status, Privileges and Immunities of the Representative Office of the International Committee of the Red Cross in the Republic of Kazakhstan, signed in Astana on February 25, 2011.  

     President   Republic of Kazakhstan

N. NAZARBAYEV  

Agreement   Agreement between the Government of the Republic of Kazakhstan and the International Committee of the Red Cross on the status, privileges and immunities of the Representative Office of the International Committee of the Red Cross in the Republic of Kazakhstan  

      The Government of the Republic of Kazakhstan and the International Committee of the Red Cross (hereinafter referred to as the ICRC), collectively referred to as the Parties,  

     Considering the ICRC's work in providing protection and assistance, without discrimination, in order to alleviate human suffering,

      Taking into account the interests of the Republic of Kazakhstan and the expressed desire of the ICRC to carry out the humanitarian tasks assigned to it in accordance with the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977, to which the Republic of Kazakhstan is a party, the Charter of the International Red Cross and Red Crescent Movement and Resolutions of International Conferences of the Red Cross and Red Crescent,  

      have agreed on the following:  

Article 1. Status of the ICRC  

      The ICRC representative office in the territory of the host State has no less favorable legal status than international organizations. The ICRC representative office in the territory of the receiving State enjoys such legal capacity as is necessary for the implementation of its goals and objectives.  

Article 2. Legal personality  

      The Government of the Republic of Kazakhstan recognizes the legal personality of the ICRC Representative Office, which includes, but is not limited to, the ability to assume contractual obligations, participate in court proceedings and acquire rights, as well as acquire and dispose of movable and immovable property.  

Article 3. Immunity of the ICRC, its property and assets  

     1. The ICRC Mission, its property, funds and assets, wherever located and by whomsoever held, enjoy immunity from any form of judicial and administrative proceedings, except in certain cases where the ICRC Mission specifically waives its immunity.

     2. The premises of the ICRC Representative Office are inviolable. The property and assets of the ICRC Mission, wherever located and by whomsoever held, enjoy immunity from search, requisition, confiscation, expropriation and any other form of interference through executive, judicial, administrative or legislative action.

Article 4. Inviolability of the ICRC archives  

     The archives of the ICRC Mission, as well as all documents belonging to it or stored by it, are inviolable wherever they are located.

Article 5. Means of communication  

     1. The ICRC mission is free to use, for official purposes and without any interference, telecommunications facilities that it deems most suitable for contacts, in particular with the ICRC Headquarters in Geneva, with other relevant international institutions and organizations, government structures, as well as with legal entities or individuals.

     2.The ICRC representative office has the right to install radio-electronic devices in its premises and use mobile equipment within the territory of the host State. The ICRC Representative Office is exempt from licensing fees and all other relevant taxes and fees. The ICRC Representative office uses the frequencies assigned to it for this purpose by the competent State authorities of the Republic of Kazakhstan in accordance with Resolution No. 10 (REV.WRC-2000) of the International Telecommunications Union.

     3. In all matters related to official relations, the ICRC Mission enjoys a regime no less favorable than that provided to international organizations with regard to priorities, tariffs and taxes.

     4. The ICRC Mission has the right to send and receive its correspondence by couriers or sealed bags, which enjoy the same privileges and immunities as diplomatic couriers and bags, provided that these bags have visible external signs indicating their nature and contain only documents or items intended for official use by the ICRC Mission.

Article 6. Confidentiality of reports, correspondence and other means of communication of the ICRC and its representative office  

      The Government of the Republic of Kazakhstan undertakes to respect the confidentiality of reports, correspondence and other communications of the ICRC Representative Office. This includes not disclosing their contents to persons and/or organizations other than the intended recipients, and not using them during legal proceedings without the prior written permission of the ICRC Representative Office.  

Article 7. Financial resources of the ICRC Representative Office  

     1. The ICRC representative office has the right to hold national or foreign currency or other financial assets, as well as to hold accounts in any currency, without being limited by the legislation of the Republic of Kazakhstan regulating currency exchange and other related issues.

     2. The ICRC and its Representative Office have the right to freely transfer funds in national or foreign currency to/from and within the host State, as well as to freely convert such assets into another currency.

Article 8. Exemption from taxes  

     1. The ICRC and its Representative Office, its assets, income and property are exempt from all taxes levied in the territory of the receiving State, with the exception of those that are payments for utilities.

     2. The ICRC and its Representative Office are exempt from all taxes levied on the territory of the receiving State for the purchase of goods and services intended for official use and the implementation of ICRC humanitarian assistance programs in the Republic of Kazakhstan.

Article 9. Exemption from customs duties  

     1. The ICRC and its Representative Office in the territory of the Republic of Kazakhstan are exempt from customs duties, taxes and fees in respect of items and materials (including publications and audio and video materials) intended for official use and/or for ICRC assistance programs in the Republic of Kazakhstan or abroad.

     2. The ICRC representative office has the right to organize air transportation and is exempt from flight and landing fees for its flights carrying humanitarian supplies for the Republic of Kazakhstan or flying over its territory.

Article 10. Status of members of the representative office  

     1. Members of the international staff of ICRC missions, their spouses and their dependent family members are granted the same status as members of diplomatic missions of foreign States accredited in the Republic of Kazakhstan.

     2. They enjoy immunity from any form of judicial or administrative process, including personal arrest or detention, seizure of personal baggage, and from the need to act as witnesses or testify against acts and/or omissions related to the performance of their duties.

     3. Their private residences, vehicles, documents, manuscripts, and all other personal property are inviolable.

     4. They are not subject to any payments or immigration restrictions, as well as obligations related to registration of foreigners and universal military service.

     5. They have the right to import their personal property duty-free, including vehicles. They enjoy similar privileges when leaving the country.

     6. They have the right to sell their personal property in the Republic of Kazakhstan on the same terms as those provided to members of diplomatic missions of foreign states accredited in the Republic of Kazakhstan.

     7. In the event of unrest or armed conflict, the necessary conditions are created for them to leave the territory of the receiving State, if they wish to do so, in the manner they deem safest and fastest.

     8. They enjoy the same benefits with respect to the currency regime as are provided to members of diplomatic missions of foreign States accredited in the Republic of Kazakhstan.

     9. Members of the international staff of the ICRC Representative Office are exempt from all taxes on salaries and other types of remuneration paid by the ICRC or, in general, received by them from outside the Republic of Kazakhstan.

      10. In addition to the above-mentioned privileges and immunities, the Head of the ICRC Mission, his/her Deputy, his/her spouses and other relatives and family members dependent on them, enjoy the same status granted to diplomatic agents under the Vienna Convention on Diplomatic Relations of April 18, 1961.  

     11. Members of the ICRC Representative Office who are citizens of the Republic of Kazakhstan or permanently residing in the Republic of Kazakhstan shall not enjoy the immunities, privileges and facilities specified in paragraphs 1-10 of this article, with the exception of immunity from legal proceedings in respect of acts committed by them in the performance of their duties.

     12. The ICRC notifies the relevant State authorities of the names, positions and responsibilities of the ICRC Representative Office staff working in the Republic of Kazakhstan.

13. From the moment of arrival in the territory of the Republic of Kazakhstan, members of the ICRC Representative Office are obliged to respect the legislation of the Republic of Kazakhstan and enjoy the protection provided to them.

Article 11. ICRC representatives arriving on a temporary mission  

      ICRC representatives arriving on a temporary mission to the Republic of Kazakhstan enjoy the immunities and privileges set out in paragraphs 2, 3, 4, 5, 7 and 8 of article 10.

Article 12. Documents of the ICRC members  

     1. Members of the international staff of the ICRC Mission and representatives of the ICRC arriving with a temporary mission have a passport with a valid visa and a document called an "Identity Card and travel certificate", which certifies the identity of the holder and his/her status as an employee of the ICRC.

      2. To cross the State border of the Republic of Kazakhstan and move within its territory, members of the international staff of the ICRC Representative Office use a passport with a valid visa.  

      The State authorities of the Republic of Kazakhstan accept this document as a valid travel document. Upon presentation of the document by the owner, they assist him in crossing the State border of the Republic of Kazakhstan and in moving within the state.  

Article 13. Cooperation with the host State  

      1. The ICRC and its Representative Office shall cooperate with public authorities in order to prevent any form of abuse of the privileges, immunities and facilities provided for in this Agreement.  

      2. The ICRC mission may waive any immunity in cases where, solely in its opinion, this immunity impedes the administration of justice and can be waived without prejudice to the interests of the ICRC.  

Article 14. Interpretation  

      This Agreement is interpreted in the light of its main objectives, which are to enable the ICRC Mission to fully and effectively carry out its duties and functions and carry out its programmes.  

Article 15. Settlement of disputes through negotiations  

     All disputes and disagreements between the Parties regarding the interpretation and application of the provisions of this Agreement will be resolved through mutual consultations and negotiations.

Article 16. Arbitration  

      If the above-mentioned negotiations are unsuccessful, the disagreement will be referred for final settlement to an arbitration body composed of three arbitrators, one of whom will be appointed by the Government of the Republic of Kazakhstan, the second by the President of the ICRC, and the third by both parties or, if an agreement between them is not possible, by the President of the International Court of Justice. The decision of the body formed in this way is final and cannot be appealed.  

Article 17. Making changes  

      By agreement of the Parties, this Agreement may be amended and supplemented at any time, which are its integral parts, formalized by separate protocols, which enter into force in accordance with the procedure provided for in Article 19 of this Agreement.  

Article 18. Additional agreements  

      The Government of the Republic of Kazakhstan and the ICRC may agree to conclude additional Agreements.  

Article 19. Entry into force  

      This Agreement shall enter into force from the date of receipt by the ICRC Mission through diplomatic channels of a written notification from the Government of the Republic of Kazakhstan on the implementation of the internal procedures necessary for the entry into force of this Agreement.  

Article 20. Termination of the Agreement  

     The Parties may terminate this Agreement by sending through diplomatic channels by one Party a written notification to the other Party of its intention, while this Agreement shall terminate upon the expiration of 6 months from the date of receipt of such notification.

Article 21. Original texts and deposit  

     This Agreement is drawn up in two original copies, each in Kazakh, English and Russian, with one copy deposited with the Government of the Republic of Kazakhstan, the other with the ICRC. All texts have the same validity.

      Done in Astana on February 25, 2011.  

For the Government    Republic of Kazakhstan  

For the International Committee   The Red Cross  

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

President    

Republic of Kazakhstan     

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