On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Kuwait Fund for Arab Economic Development on the use of a grant for the construction of a new government building

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Kuwait Fund for Arab Economic Development on the use of a grant for the construction of a new government building

Law of the Republic of Kazakhstan dated February 22, 2000 No. 37-II

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Kuwait Fund for Arab Economic Development on the use of a grant for the construction of a new government building, signed in Kuwait City on November 30, 1999.

President of the Republic of Kazakhstan

Agreement on the use of a grant for the construction of a new government building between The Government of the Republic of Kazakhstan and the Kuwait Fund Arab Economic Development Agreement on the use of the grant

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on March 13, 2000)

Agreement dated 10/30/1999 between the Government of the Republic of Kazakhstan (hereinafter referred to as the "Government") on the one hand, and the Kuwait Fund for Arab Economic Development (hereinafter referred to as the "Fund") on the other hand; Whereas, the State of Kuwait has agreed to provide a grant to the Government in the amount of ten million (10,000,000.00) United States dollars for use in financing the Construction of a New Government Building (hereinafter referred to as the "Project") described in Schedule 1 of this Agreement; Whereas the State of Kuwait and the Government have agreed to assign the Fund responsibilities for managing the Project Grant; Due to the fact that the Government wishes to provide in the future such amounts as may be necessary to complete the financing of the Project cost in accordance with the financing plan; Thus, the Parties agreed on the following:

 Article I Grant 1.01. The Government hereby agrees that the amount of ten million (10,000,000.00) United States dollars representing the Grant will be used to finance the Project in accordance with the terms set out in this Agreement. 1.02. The withdrawal of the Grant amounts will be carried out by the Fund in accordance with the terms of this Agreement and the contracts that will need to be financed from the Grant amount.  

Article II 2.01. The Government will promptly provide all other financial resources that will be needed in addition to the Grant for the implementation of the Project. 2.02. The Government will assign the design and supervision of the project to the Design Consultant and the execution of the Project to the Construction Contractor; such Consultant and Contractor, as well as the terms of their appointment, must be agreed upon between the Parties. 2.03. The Government will take all necessary measures to accelerate the implementation of the Project, including, but not limited to, the import of equipment and devices. 2.04. The Government undertakes to provide the Contractor with the land required for the construction of a new government building in a timely manner. 2.05. The Government and the Foundation will work closely together to ensure that the objectives of the Grant are achieved. To this end, the Government and the Foundation will exchange views from time to time through their representatives on issues related to the objectives of the Project. The Government will promptly inform the Fund of any conditions that hinder or may hinder the achievement of the Grant's objectives. 2.06. The Government will provide acceptable conditions to authorized representatives of the Foundation for their visits for purposes related to the Grant and to inspect the Project, materials and any other records and documents related to it. 2.07. The Government shall exempt Contractors and Consultants involved in the implementation of the Project, as well as their personnel consisting of persons who are not citizens of the Republic of Kazakhstan, from any taxes established by the legislation of the Republic of Kazakhstan regarding income received in connection with the performance of their services for the implementation of the Project, and from payment of any tariffs, fees, customs duties, import taxes and other similar charges and charges imposed on personal or household property, imported into or exported from the Republic of Kazakhstan for the personal use of these personnel or their family members. Goods, supplies or other property imported for the purpose of the Project will be exempt from all taxes and customs duties established by the legislation of the Republic of Kazakhstan. 2.08. Goods financed from the Grant amount must be insured by responsible insurers. Such insurance will cover such maritime, transit and other risks inherent in the purchase and import of goods into the territory of the Government and further delivery to the Project site, and will be carried out for an amount commensurate with normal commercial practice. Such insurance is payable in the currency in which the value of the insured goods is denominated, or in a freely convertible currency. All risks related to the implementation of the Project will be insured by responsible insurers for an amount commensurate with normal commercial practice. 2.09. All documentation, records, correspondence and similar materials of the Foundation should be treated as confidential by the Government. The Government grants the Foundation complete immunity in relation to censorship and control of publications. 2.10. The funds and income of the Fund may not be subject to nationalization, confiscation and appropriation.

 Article III Other Conditions 3.01. Any statement or request required or authorized under this Agreement must be made in writing. Such an application or request is considered to have been made or submitted in a timely manner if it is delivered in person or by mail, telex, telegram, fax or cable to the party authorized to receive it, to the address specified in this Agreement, or to another address notified by that party to the other party making such an application or submitting such an application. a request. 3.02. Any actions that need to be taken and any documents that are required or permitted under this Agreement may be taken or executed on behalf of the Government by the First Vice Minister of Foreign Affairs or another person authorized by him in writing. Any changes or additions to the provisions of the Agreement may be agreed upon on behalf of the Government by its aforementioned representative or another person authorized by him in writing.

 Article IV Entry into Force 4.01. This Agreement will not enter into force until satisfactory evidence is provided to the Fund that the Government has duly authorized and ratified this Agreement with all required actions.

 Article V Definition 5.01. Except where the context may require otherwise, the following terms have the following meanings, wherever they are used in this Agreement and the List: (1) The term "Project" means a project for which a Grant has been allocated, as described in Schedule 1 of this Agreement, and also if The description will be amended from time to time with the consent of the Foundation and the Government. (2) The term "materials" means the equipment, supplies and services required by the Project. Wherever reference is made to the cost of materials, this cost should include the cost of importing these materials into Government territory.

The following addresses are defined for paragraph 1 of Article 3:

For the Government:

Ministry of Foreign Affairs of the Republic of Kazakhstan

Beibitshilik St., 10. Astana, Republic of Kazakhstan

Alternative addresses for telegraphic and telex messages:

Telegraph Telex Fax number

(7-3172) 327567

For the foundation:

Kuwait Fund for Arab Economic Development

Mailbox 2921, Safat

Kuwait - 13030

Alternative addresses for telegraphic and telex messages:

Telegraph Telex Fax number

ALSUNDUK 22025 ALSUNDUK (965) 2419091

KUWAIT 22613 KFAED KT (965) 2436289

In confirmation of the above, the parties, acting through their authorized representatives, have entered into this Agreement in order to sign on behalf of their respected Government in three copies, all of which are considered to be the original and are equally valid.

 List 1 Project Description The project is the construction of a multifunctional government administrative building located in Astana at the intersection of im. Kenesary and Auyezova St. The building should cover an area of approximately 10,000 sq.m. and have an approximate area of 12,500 sq.m. The project consists of the following parts: 1. Consulting services for the purpose of revision and modification of the existing plan, verification of compliance of the existing construction with the plan, preparation of a detailed design plan and tender documents, verification that the Project cost will not exceed a certain budget, and construction supervision; 2. Civil engineering works for the construction of the Building, including procurement, construction and testing of all supporting structures;

3. Electromechanical work for the building, including the supply, procurement and testing of all installed equipment, including central heating.

The project is expected to be completed by the end of 2001.

Attached letter No. 1

Republic of Kazakhstan

Date: 10/30/1999

Kuwait Fund for Arab Economic Development

Mailbox 2921, Safat

Kuwait, 13030

Dear sir,

Subject: List of materials to be funded from the Grant -

 Delivery Procedure

We refer to the "Agreement signed by us between the Government of the Republic of Kazakhstan and the Kuwait Fund for Arab Economic Development on the use of a grant for the construction of a new government building" and attach a "List of materials" showing the items to be funded from the Grant amount; the amounts allocated to each item and the percentage of funded expenses for each item. We confirm that the Grant funds will not be used in any way to pay fees and taxes levied in accordance with the legislation of the Republic of Kazakhstan or applicable in its territory. We also confirm, unless otherwise agreed between us, that the procurement of all goods subject to financing from the Grant amount will be carried out on a competitive basis. With reference to paragraph 1 of Article 2 of the Grant Agreement, we note that when considering the provision of consulting services for a construction project, they should include the preparation of preliminary and final projects that may be acceptable to the Government and the Foundation, the preparation of construction tender documents, tender procedures for selecting a construction contractor with the consent of the Foundation, and supervision of construction. The selection of a consultant providing such services will be made by the Fund on a competitive basis from a short list of Kuwaiti consultants who will submit their proposals in the form of joint ventures with consultants from Kazakhstan. A short list of Kazakhstani consultants should be prepared by the Government and sent to the Fund. As for the construction of the facility, it will be carried out by a contractor who will be selected by a consultant with the approval of the Foundation on a competitive basis. Applications will be accepted only from joint ventures consisting of Kuwaiti construction contractors of the first category and contractors from Kazakhstan. To this end, the Government should provide a list of Kazakhstani contractors with an indication of their skill level. When signing any contract to be funded from the Grant, its corresponding copies must be sent to us for control and accounting documentation.

We ask you to express your agreement with the above-mentioned and the attached "List of goods and Services" by signing the confirmation form on the attached copy with the letter and returning them to us.

 List of goods and services

N Points Percentage Distribution Grant funds in The ratio of Total in US dollars Item Cost

1 Consulting 1,000,000 100 services 2 Construction 8,000,000 100 work and procurement

3 Unallocated 1,000,000 expenses

Total 10,000,000

The translation of the Agreement in Russian is authentic to the text of the Agreement in English.

Head of the Economic Projects and Investments Department of the International Economic Cooperation Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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