On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Regional AIDS Project Management Group in Central Asia on the conditions of stay of the Regional AIDS Project Management Group in Central Asia in the Republic of Kazakhstan
Law of the Republic of Kazakhstan dated December 8, 2006 No. 196
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Regional AIDS Project Management Group in Central Asia on the conditions of stay of the Regional AIDS Project Management Group in Central Asia in the Republic of Kazakhstan, signed in Astana on September 5, 2006.
President of the Republic of Kazakhstan
Agreement <*> between the Government of the Republic of Kazakhstan and the Regional AIDS Control Project Group in Central Asia on the conditions of stay of the Regional AIDS Control Project Group in Central Asia in the Republic of Kazakhstan (Entered into force on January 31, 2007 - Bulletin of International Treaties of the Republic of Kazakhstan, 2007, No. 2, art. 17)
The Government of the Republic of Kazakhstan (the Host Country) and the Regional AIDS Project Management Group in Central Asia (RGUP), hereinafter referred to as the Parties, guided by the Development Grant Agreement (IDA GRANT NUMBER H 149 7C) between the Central Asian Cooperation Organization and the International Development Association dated May 12, 2005 (The Grant Agreement), defining the strategy, tactics and procedures for effective cooperation and interaction between the Host Party and the RSE in the framework of the implementation of the AIDS control project in Central Asia, Desiring to provide the necessary conditions for the implementation of the State Unitary Enterprise in the territory of the Republic of Kazakhstan of its goals and objectives, guided by generally recognized principles and norms of international law, agreed on the following:
Article 1
For the purposes of this Agreement, the following definitions mean:
1) "administrative and technical staff" - persons who provide administrative and technical services for the activities of the State Unitary Enterprise;
2) the "host State" is the Republic of Kazakhstan;
3) "Member State" means the member States of the OCAC;
4) "Executive Director" - the executive Director of the State Unitary Enterprise;
5) MAP - International Development Association;
6) OCAC is the Central Asian Cooperation Organization established by the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan dated February 28, 2002;
7) "The Project" is a grant-funded project to combat AIDS in Central Asia;
8) RGUP, the Regional Project Management Group for Combating AIDS in Central Asia, is the executive body for the implementation of the Grant Agreement, established by the decision of the OCAC Council of Heads of State on October 6, 2005;
9) "employees" - persons working as specialists in the State Unitary Enterprise on the basis of employment contracts or contracts concluded with them (except for administrative and technical personnel);
10) "family members" - spouse, minor children and persons who are dependent on the staff of the State Unitary Enterprise and permanently residing with them.
Article 2
1. The receiving Party recognizes the status of the RGUP as an international organization in the territory of the receiving State, facilitates the implementation of accreditation procedures, and grants privileges and immunities provided for in accordance with the provisions of this Agreement.
2. The State Unitary Enterprise enjoys in the territory of the receiving State the legal capacity necessary for the realization of its goals and objectives.
3. The State Unitary Enterprise enjoys the rights of a legal entity and carries out its activities in accordance with this Agreement.
4. The rights provided for in this article are exercised on behalf of the State Unitary Enterprise by the Executive Director.
Article 3
1. The location of the RGUP is the city of Almaty.
2. The receiving Party provides assistance to the RGUP in obtaining premises intended for the placement of the RGUP.
3. The receiving Party guarantees the State Unitary Enterprise the provision of necessary utilities on similar terms provided to other international organizations.
Article 4
The RGUP, its assets, income, goods intended for official use of the RGUP and funds intended for the implementation of the project grant are exempt: 1) from all taxes and fees on income and property, including vehicles, in the territory of the receiving State; 2) from value-added tax, including in the form of a tax refund, if such exemption or refund is provided for by the legislation of the receiving State. In this case, such exemption or refund is carried out in accordance with the procedure established by the legislation of the receiving state; 3) from customs duties, duties and taxes, from the application of non-tariff regulatory measures, with the exception of requirements for the safety of goods during import and export and items for official use in accordance with the legislation of the receiving state. Items imported as an exception to the general rules, exempt from customs duties, duties and taxes, will not be sold in the receiving state except on terms agreed with the Receiving Party; 4) from customs duties, duties and taxes, from the application of non-tariff regulatory measures when importing and exporting their own publications in accordance with the legislation of the state stay.
Article 5
For official means of communication, the State Unitary Enterprise enjoys no less favorable conditions on the territory of the host State than those provided by the host State to any other international organization or diplomatic mission.
Article 6
The RGUP places the emblem and other symbols of the project on the building of the RGUP and on the vehicle of the executive director.
Article 7
In accordance with its goals and objectives, the State Unitary Enterprise publishes and distributes printed materials in accordance with the legislation of the host State.
Article 8
In order to ensure the proper administration of justice and compliance with the instructions of law enforcement agencies, as well as to prevent any abuses in connection with the agreements provided for in this Agreement, the State Unitary Enterprise cooperates with the relevant state authorities of the Host State.
Article 9
1. The receiving Party shall facilitate and provide support to the project in accordance with the arrangements under this Agreement.
2. The host Party informs the RGUP about the planned activities and needs for the prevention of AIDS in the host State and provides support to the project.
3. The host Country provides advice to the Russian State Unitary Enterprise on the provision of methodological support in the process of developing cooperation programs to combat AIDS.
Article 10
1. The staff of the State Unitary Enterprise are equated to international employees.
2. In the performance of their official duties, the Executive Director and the staff of the Russian State Unitary Enterprise may not seek or receive instructions from any Member State and/or Government, organization or private individual.
3. The receiving Party undertakes to strictly respect the international character of the functions of the staff of the State Unitary Enterprise and not to influence them in the performance of their official duties.
Article 11
1. Employees of the State Unitary Enterprise in the territory of the host State: 1) are exempt from taxes on wages and other remuneration paid within the framework of the project, if such exemption is provided for by agreements between the host State and the Member States for the avoidance of double taxation, as well as in other cases provided for by the tax legislation of the host State; 2) are exempt from state duties; 3) are exempt, together with their family members, from immigration restrictions and from registration as foreigners; 4) in the field of foreign exchange transactions, they use the same rules that are provided to diplomatic agents in the territories of the member States; 5) upon initial employment and departure from the host state in connection with the termination of the contract, they have the right without payment customs duties, taxes and fees to import/export property, including a motor vehicle intended for their personal use, in accordance with the legislation of the host State.
2. The provisions of this Article do not apply to citizens of the Republic of Kazakhstan.
Article 12
1. For employees of the State Unitary Enterprise, visas are issued on an expedited basis and free of charge if they have an invitation letter to take up the position of the State Unitary Enterprise or a business trip order.
2. In the case when it is necessary for carrying out Project activities, the staff of the State Unitary Enterprise, if it complies with the provisions of the legislation of the host state, can freely move around its territory.
3. The privileges and immunities enjoyed by the staff of the RGUP are granted to them not for personal gain, but for the effective, independent performance of their official functions in the interests of the project.
Article 13
The State Unitary Enterprise regularly informs the Receiving Party of the names and categories of its employees and of any change in their status.
Article 14
1. At the request of the Executive Director, the receiving Party issues an appropriate certificate/accreditation card to each employee of the State Unitary Enterprise.
2. At the request of an authorized official of the Receiving Party, an employee of the State Unitary Enterprise must present his/her certificate/accreditation card.
3. Upon the expiration of the term of service of the RGUP employee or upon his transfer, the RGUP ensures the timely return to the Receiving Party of his certificate/accreditation card.
Article 15
1. Labor relations between the State Unitary Enterprise and employees, administrative and technical personnel are regulated by the legislation of the host state.
2. Pension and social security of the staff of the State Unitary Enterprise is carried out in accordance with the legislation of the State of which they are citizens.
3. The costs of paying pensions and social benefits to the employees of the State Unitary Enterprise are borne by the State of which they are citizens.
4. Employees of the State Unitary Enterprise, as well as their family members in the territory of the receiving State, enjoy the appropriate rights of citizens of the receiving State in matters of payment for public utilities, medical, hotel, transport and other types of services in accordance with the legislation of the receiving state.
Article 16
1. All persons enjoying privileges and immunities in accordance with the provisions of this Agreement are required to respect the laws of the receiving State and not interfere in the internal affairs of that State.
2. Citizens of the Republic of Kazakhstan who are employees of the State Unitary Enterprise are not exempt from the obligation to comply with the legislation of the Republic of Kazakhstan.
Article 17
Disputes related to the application or interpretation of this Agreement are resolved through consultations and negotiations.
Article 18
1. This Agreement shall enter into force from the date of receipt by the State Unitary Enterprise of a written notification from the Kazakh side on the completion of the internal procedures necessary for its entry into force.
2. This Agreement may be amended and supplemented, which are formalized by separate protocols, which are integral parts of this Agreement, and enter into force in accordance with paragraph 1 of this article.
3. This Agreement is valid for the duration of the Grant Agreement and terminates in the event of a change in the location of the RGUP. In this case, only those provisions of the Agreement remain in force that relate to the termination of the activities of the State Unitary Enterprise at its place of residence and the settlement of related financial and property issues.
Done in Astana on September 05, 2006, in two original copies, each in the Kazakh and Russian languages, all texts having the same legal force. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian. A copy of this Agreement is kept in the State Unitary Enterprise, which will send a certified copy to the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan.
For the Government For the Regional Group of the Republic of Kazakhstan for the Management of the AIDS Control Project in Central Asia
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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