On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the United Nations on Administrative and Financial Procedures for the Sub-Regional Office for North and Central Asia

The Law of the Republic of Kazakhstan dated February 27, 2018 No. 140-VI SAM.

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the United Nations on Administrative and Financial Procedures for the Sub-Regional Office for North and Central Asia, signed in Bangkok on July 11, 2016.

     President of the Republic of Kazakhstan

N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and the United Nations on administrative and financial procedures for the Sub-Regional Office for North and Central Asia

     The Government of the Republic of Kazakhstan and the United Nations, hereinafter referred to as the Parties,

     Proceeding from the fact that, pursuant to General Assembly resolution 63/260 of 24 December 2008, the Subregional Office for North and Central Asia (hereinafter referred to as the "office") was established The United Nations Economic and Social Commission for Asia and the Pacific (hereinafter referred to as "ESCAP"),

     Based on the fact that the Government of the Republic of Kazakhstan (hereinafter referred to as the "Government") has offered to host the office and provide office space for the office (hereinafter referred to as the "premises"), as well as make a voluntary monetary contribution, which ESCAP will use to cover the costs of operation, maintenance and maintenance of the premises, and program activities of the department (hereinafter referred to as the "contribution"),

      Proceeding from the fact that the Government and the United Nations have concluded an Agreement between the Government of the Republic of Kazakhstan and the United Nations regarding the establishment of a Subregional Office for North and Central Asia of the United Nations Economic and Social Commission for Asia and the Pacific dated May 4, 2011 (hereinafter referred to as the "Headquarters Agreement"), and

      Proceeding from the fact that, in accordance with article IV of the Headquarters Agreement, the Government and the United Nations (hereinafter referred to as the "Parties") intend to conclude an Agreement setting out the terms of occupation and use of the premises, distribution and use of the contribution,

     have agreed on the following:

Article 1

      The Government provides for occupation and use of premises with an area of at least two hundred and seventy square meters, located in a place agreed upon jointly by the Parties in Almaty, together with a parking lot for use by the branch without rent, taxes and other charges, except for utility costs, for the entire period of the branch's stay in the Republic of Kazakhstan, or until the termination of The operation of the Headquarters Agreement in accordance with paragraph 3 of article IX.

Article 2

     1. The monetary contribution provided by the Government will be used by ESCAP for the reconstruction, repair and preparation of the premises prior to its occupation and use by the office. The Government will make efforts to facilitate the renovation work required by ESCAP in order to renovate and prepare the premises for occupation and use.

     2. Before the office occupies and uses the premises, representatives of the Government and ESCAP inspect the premises and sign an acceptance certificate describing the condition of the premises.

Article 3

     The Government notifies the department in writing 1 (one) month in advance if it becomes necessary for the inspection, repair, maintenance and reconstruction of the premises by authorized representatives of the Government. The United Nations provides access to the building of the aforementioned authorized representatives of the Government.

Article 4

     The Government is making every effort to ensure that activities in the vicinity of the premises do not adversely affect the use of the premises by the United Nations.

Article 5

      The United Nations is responsible for the regular maintenance and maintenance of the premises in accordance with the annex (which is an integral part of this Agreement), the cost of which must be covered by the contribution referred to in article 10 of this Agreement. The Government is responsible and must cover all costs and expenses, any other repairs and alterations to the premises, with the exception of those explicitly mentioned in the previous sentence, including repairs and replacements of the building's supporting structures, internal engineering networks, structural changes and repairs that will be acceptable to both Parties.

Article 6

     1. Upon written notification to the Government and subject to its consent, the United Nations may make changes, add mounting devices and erect extensions, structures and structures inside and outside the premises, and may also erect flagpoles, branch signs and distinctive signs around the building and on the premises itself. At the same time, mounting devices, extensions or structures located inside, outside or adjacent to the building, and premises that are not part of immovable property, must be considered and constitute the property of the United Nations. If no objection is received within 30 (thirty) business days from the date of transmission of the said notification to the Government, this is considered to be the consent of the Government.

     2. The United Nations has the right of ownership and ownership of any installations, outbuildings, furniture, equipment and mounting devices that the United Nations installs from time to time at its own expense. At the same time, the United Nations has the right, at its discretion, to disassemble and move all or part of these facilities during the period of the Agreement. In this case, the United Nations must repair the damage to the premises resulting from such movements.

Article 7

     1. Under no circumstances shall the United Nations be liable for any loss or damage to the premises, except in cases of gross negligence on the part of the United Nations or its staff, namely, failure to comply with fire safety regulations, damage to the environment, or violations in the operation of technical equipment. The United Nations is not responsible for any loss or damage to the premises as a result of civil unrest, riots, vandalism, military operations, floods, earthquakes or other force majeure circumstances.

     2. The United Nations may insure against loss or damage to mounting devices, inventory and equipment owned by the United Nations or its staff at its own expense.

     3. The Government may insure against losses or damage caused to the premises at its discretion and at its own expense.

Article 8

      1. If a room is damaged as a result of a fire or any other cause, the Government will repair such damage in case of partial damage to the room. If the premises are completely destroyed or otherwise unsuitable for further occupancy or use as a result of fire or any other cause, the Government shall, without undue delay, provide the United Nations with other suitable and similar premises acceptable to the United Nations, in accordance with conditions similar to those under which the premises are provided in accordance with this Agreement., and covers all expenses directly and indirectly related to moving to this new premises. In the absence of restored or other suitable and similar premises acceptable to the United Nations, or in the event that, in the opinion of the United Nations, the premises become unsuitable for further residence and use, either Party, after consultation with the other Party, may terminate the Headquarters Agreement in accordance with its article IX.

     2. With the exception of the cases provided for in paragraph 1 of this article, if the premises become inaccessible, or if they are seized, declared unusable or otherwise lawfully confiscated, or if the Government offers new premises, the Government shall without undue delay provide the United Nations with other suitable and similar premises acceptable to the United Nations. United Nations, on terms similar to those under which the premises are provided in accordance with this Agreement, and covers all costs, directly and indirectly related to the relocation of the department to this new premises. The department occupies the room until the new room is suitable for the stay.

Article 9

      If the office vacates the premises, the United Nations will transfer the premises to the Government in the same proper condition as it was received, with the exception of normal wear and tear, damage caused by natural factors and phenomena, or force majeure, and the United Nations will not be required to restore the premises to their original shape and condition. taking into account the reconstructions and alterations carried out by the United Nations or the Government in accordance with this Agreement, except in the following cases:, provided for in Article 6 of this Agreement.

Article 10

     1. In accordance with the procedure set out in paragraph 2 of this article, the Government shall make available to ESCAP an annual contribution of 100,000 (one hundred thousand) US dollars no later than April 20 of each year, starting in 2016. The contribution is used to cover the costs of program activities, as well as the institutional and operational costs of the department.

2. The Government shall deposit the funds provided for in this article in the ESCAP bank account in accordance with the following details:

Account name:

UN ESCAP Technical Cooperation Trust Fund

Name of the bank:

JP Morgan Chase Bank

Account number:

485-002051

Bank address:

International Agencies Banking Group 1166 Avenue of the Americas, 20th Floor New York, NY 10036-2708 USA

The bank's ABA code:

021000021

The bank's SWIFT code:

CHASUS33

      3. Any interest accumulated on Government contributions, in accordance with paragraph 1 of Article 10 of this Agreement, shall be credited to the contribution and used in accordance with this Agreement.

      4. If, upon the expiration of this Agreement or its termination in accordance with Article IX of the Headquarters Agreement and after the fulfillment of the stipulated obligations, a portion of the contribution and/or interest accrued on the contribution remains, in this case the Parties agree that any such unspent balance will be used to cover the institutional and operational costs of the office in subsequent years, if applicable.

Article 11

     The United Nations shall establish a trust fund in accordance with its financial rules and regulations to receive and administer the above-mentioned funds. The Trust Fund and the activities financed from it are administered by the United Nations in accordance with applicable rules, regulations and measures.

Article 12

     All financial accounts and reports related to the trust fund are maintained and compiled in US dollars.

Article 13

     In accordance with applicable United Nations rules and regulations, the trust fund covers all institutional and operational costs of the office and other costs that must be agreed in writing by the Parties.

Article 14

     1. Ownership of the equipment, supplies and other assets financed from this trust fund shall remain with the United Nations.

     2. The premises or any other facilities provided by the Government solely for the purpose of their use by the branch remain the property of the Government.

Article 15

     1. The Trust Fund is subject exclusively to the internal and external audit procedures set out in the financial rules and regulations of the United Nations, as well as applicable measures.

     2. The United Nations submits to the Government an annual report on the use of the contribution, prepared in accordance with the accounting and reporting procedures of the United Nations for the period as of December 31, no later than March 15 of the following year.

Article 16

     This Agreement may be amended by mutual written agreement at any time at the request of either Party. Any such amendments shall be drawn up in writing, signed by both Parties and shall form integral parts of this Agreement.

Article 17

     Disputes and disagreements that may arise in connection with the interpretation or application of the provisions of this Agreement shall be resolved between the Parties through negotiations and consultations.

Article 18

     1. This Agreement shall enter into force on the date on which the United Nations receives, through diplomatic channels, written notification from the Government that the internal procedures necessary for the entry into force of this Agreement have been completed, or on the date on which the Headquarters Agreement enters into force, whichever is later.

      2. This Agreement shall terminate simultaneously with the termination of the Headquarters Agreement in accordance with paragraph 3 of Article IX.

     Done in Bangkok on July 11, 2016, in two copies, each in the Kazakh, Russian and English languages, all texts being equally authentic. In case of disagreement in the application and interpretation of the provisions of this Agreement, the Parties shall refer to the English text.

For the Government of the Republic of Kazakhstan

For the Organization The United Nations

Annex to the Agreement

      Regular maintenance includes maintenance of internal engineering networks within the boundaries of the land plot and the building located at 68a Amangeldy St., Almaty, including heating, hot and cold water supply, sewerage and electricity supply systems, prompt elimination of minor malfunctions in heating, hot and cold water supply and sewerage systems in the premises.

      Regular maintenance includes indoor repairs, namely the replacement of contact terminals, individual control units and fixtures, individual contact connections in boxes and drawers, distribution power and lighting panels, defective wiring sections, faulty switches and sockets, burnt-out fuses, the cost of which must be covered by the contribution referred to in Article 10 of this Code. Agreements.

      RCPI's note!

      The text of the Agreement in English is attached below.

President    

Republic of Kazakhstan     

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