On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the World Health Organization on the organization of the seventy-third session of the European Regional Committee of the World Health Organization in Astana (Republic of Kazakhstan)

The Law of the Republic of Kazakhstan dated November 10, 2023 No. 39-VIII SAM

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the World Health Organization on the organization of the seventy-third session of the Regional Committee for Europe of the World Health Organization in Astana (Republic of Kazakhstan), done in Geneva on May 23, 2023.

     President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Government of the Republic of Kazakhstan and the World Health Organization on the organization of the seventy-third session of the European Regional Committee of the World Health Organization in Astana (Republic of Kazakhstan)  

      The Government of the Republic of Kazakhstan (hereinafter referred to as the Kazakh side)  

      and  

     The World Health Organization (hereinafter referred to as the Organization)

     Intending to take advantage of the invitation of the Kazakh side, in accordance with the resolution adopted by the Regional Committee for Europe at its seventy-second session, to hold the seventy-third session of the Organization's Regional Committee for Europe in Astana (Republic of Kazakhstan) from October 24 to 26, 2023 (hereinafter referred to as the session);

      Intending to hold in this context a special event dedicated to the fifth anniversary of the Astana Declaration on Primary Health Care (hereinafter referred to as PHC) and the forty-fifth anniversary of the Alma Ata Declaration on PHC (hereinafter referred to as the special event); and  

     Intending to conclude an agreement to determine the logistical resources, services and legal status provided to the Organization in connection with the seventy-third session of the Regional Committee for Europe (hereinafter referred to as the Agreement),

      WE HAVE CONCLUDED THIS AGREEMENT:  

Article 1. Obligations of the Kazakh side and the Organization

     1. The Organization is responsible for the organization, conduct and administration of the session, including all aspects related to its content.

     2. The Kazakh side provides local logistical resources and assumes the costs directly related to the holding of the session in Astana, with the exception of those costs that the Organization would normally have paid if the session had been held at the Organization's Regional Office for Europe in Copenhagen (Denmark), as indicated in the following articles and the annex, which It is an integral part of this Agreement.

Article 2. Material and technical resources, services, premises and equipment

     1. Throughout the session, the Kazakh side provides the Organization with the necessary personnel, meeting rooms, office space, inventory, furniture, equipment, materials and facilities required by the Organization and listed in the annex to this Agreement free of charge.

     The session should be considered to include accompanying plenary and parallel sessions, which will be held during the time period during which facilities will be provided (including side events, meetings of the Standing Committee of the Regional Committee for Europe, briefings with and between member States of the region, press conferences in accordance with the annex to this Agreement).

     2. The Kazakh side also provides, free of charge, properly equipped offices for those officials of the Organization whose presence in Astana, both before and after the opening of the session, is necessary for the Organization to ensure the effective conduct of the session.

     3. The Kazakh side shall take measures to hold a welcome reception on behalf of the Minister of Health, performances by artists or the organization of a cultural program at the opening ceremony of the session and official events outside the framework of the main work program of the Regional Committee for Europe.

     4. The Kazakh side shall provide the information necessary to compile a memo for participants as early as possible before the session and no later than the end of June 2023.

Article 3. Accommodation

     1. The Kazakh side shall take the necessary measures to book hotel rooms for the participants in accordance with paragraph 1 of Article 9 of this Agreement.

     2. The organization informs the Kazakh side in advance about the requirements regarding hotel rooms. The deadline for the confirmation of the reservation by the participants will be agreed between the Organization and the Kazakh side.

Article 4. Travel and transportation

     1. The Kazakh side shall take the necessary measures to facilitate the entry into and exit from Kazakhstan of all participants in accordance with paragraph 1 of Article 9 of this Agreement, including the organization of a special counter for meeting participants at Astana International Airport, the organization of their delivery to and from hotels after the end of the session.

     2. The Kazakh side, in consultation with the Organization, provides special protocols for the arrival and departure of the Director General, the Regional Director of the Organization's European Regional Office (hereinafter referred to as the Regional Director of the Organization) and any other high-level officials participating in the session.

     3. The Kazakh side provides the Organization with vehicles free of charge for local transportation of equipment, materials and documents necessary for the session, provides official vehicles with drivers for elected officials of the Regional Committee, the Director General and the Regional Director of the Organization, and is also responsible for all costs associated with such transport, as well as for its timely refueling., maintenance and insurance.

     4. The Kazakh side also provides the Organization free of charge with special transport running between the official venue of the session and the hotels where representatives, deputy representatives, advisers of the Member States in the region and staff of the Organization's Secretariat will stay. The timetable for the vehicles allocated for this purpose will be determined in consultation with the Organization.

Article 5. Communication

     The Kazakh side takes measures to provide all the equipment necessary for the functioning of telephone communication, Internet connection and WiFi, which are required for the effective conduct of the session, pays the cost of official telephone conversations and other types of communication of the Organization's employees, including messages sent to it related to the session and containing materials intended for publication or broadcast.

Article 6. Legal status

     For the purposes of this Agreement, the Kazakh side, to the extent that it is no longer bound by the relevant obligations, applies the provisions of the Convention on the Privileges and Immunities of Specialized Agencies, approved by the General Assembly of the United Nations on November 21, 1947 and adopted by the first World Health Assembly on July 17, 1948 (hereinafter referred to as the Convention), and annex VII of the Convention, as well as the provisions set forth in the following articles of this Agreement.

Article 7. Inviolability and protection of premises placed at the disposal of the Organization  

     1. The premises made available to the Organization in connection with the session, throughout the period when they are used by the Organization, are considered as the premises of the Organization and therefore enjoy the privileges of inviolability referred to in section 5 of Article III of the Convention.

     2. The premises of the Organization are transferred under the control and responsibility of the Organization, which has the exclusive right to allow or prohibit entry to these premises to any person and may also take measures to remove any person from them.

     3. The Kazakh side shall take appropriate measures to ensure that work in the premises of the Organization is not hindered by the entry of persons or groups of persons who do not have permission to do so, riots or any excessive noise in the immediate vicinity. For this purpose, the Kazakh side places, if necessary, law enforcement officers outside the premises of the Organization and takes any other measures that are necessary at its discretion in accordance with the applicable legislation of the host country.

     4. At the request of the regional Director of the Organization, the Kazakh side provides the necessary number of law enforcement officers so that they can assist in maintaining order in the Organization's premises, if necessary, as well as remove any person who may interfere with the Organization and ensure general security in these premises in accordance with the applicable legislation of the host country.

Article 8. Archives of the Organization

     In accordance with section 6 of article III of the Convention, the archives of the Organization and, in general, all documents belonging to or stored by the Organization are inviolable.

Article 9. The right to enter and stay in the Republic of Kazakhstan of the session participants and their legal status

     1. The Kazakh side issues timely and, when required, visas allowing entry, stay and exit from the Republic of Kazakhstan of the following persons invited by the Organization to the session:

     (a) Representatives, alternate representatives and advisers of Member States in the region, as well as observers of other Member States of the Organization, who during the session will enjoy the privileges and immunities provided for in article V of the Convention.;

     (b) Officials of the Organization who, during the performance of their official duties related to the session, will enjoy the privileges and immunities provided for in article VI of the Convention.;

(c) Experts (who are not officials) carrying out assignments for the Organization, who, during the performance of their official duties in connection with the session, will enjoy the privileges and immunities provided for in paragraph 2 of Annex VII of the Convention.;

     (d) Representatives of the United Nations, specialized agencies and international governmental and non-governmental organizations with whom, in accordance with Articles 69-71 of the Charter of the Organization, the Organization maintains official relations, who participate in the session and who are not subject to prosecution for what they have said or written and for all actions committed by them as officials. This provision does not limit the privileges and immunities that, according to relevant international agreements, the Republic of Kazakhstan must grant to representatives of the United Nations, specialized agencies and international governmental organizations mentioned above.;

     (e) any other persons invited by the Organization to attend the session in an official capacity who are not subject to prosecution for what they have said or written and for all actions they have committed as officials.;

     (I) persons accompanying the persons referred to in subparagraphs (a) to (e) of this article.

     2. An exhaustive list of the names of the persons specified in paragraph 1 of this article, as well as the names of the States and organizations they represent, shall be sent by the Organization to the Kazakh side prior to the beginning of the session.

     3. Without prejudice to the special immunities they may also enjoy, the persons referred to in articles V and VI of the Convention and paragraph 2 of annex VII of the Convention, subparagraphs (d) to (e) of paragraph 1 of this article, during the performance of their functions or mission, including the time required to travel through the territory of the Republic of Kazakhstan, They are not subject to arrest or expulsion from the country for actions and behavior related to the performance of these functions or missions.

Article 10. Medical aid points

     1. The Kazakh side provides medical care facilities and services sufficient to provide emergency first aid at the venue of the session.

     2. In case of serious emergencies, the Kazakh side ensures the immediate transportation and hospitalization of participants to the hospital.

     3. Neither the Kazakh side nor the Organization incurs the costs associated with any hospital treatment.

Article 11. Transactions with foreign currency

     Without prejudice to the provisions of section 7 of Article III of the Convention, the Organization may, through a bank account in the name of the Organization, transfer funds to the Republic of Kazakhstan for the purposes of the session in the amount necessary to cover the expenses of the Organization in the Republic of Kazakhstan, and at the end of the session, transfer back from such bank account or accounts opened in Kazakhstan any balance of the Organization's funds not used during the session.

Article 12. Responsibility

     The Kazakh side does not hold the Organization and its officials accountable, and it takes appropriate measures to resolve issues related to any actions, lawsuits or other claims against the Organization and its officials related to activities covered by this Agreement, except in cases where such actions, lawsuits or claims are caused by extreme negligence or intentionally improper behavior of the Organization's officials.

Article 13. Protection of intellectual property and data rights

     1. Any materials prepared for the purposes of the session, such as notes, minutes, reports and documents, are the legal property of the Organization. The Kazakh side transfers to the Organization all copyrights to any materials created by it for the purposes of the session, including photographs, audio and video recordings, and documents, and ensures that copyrights are transferred to it by any third parties hired by it in order to fulfill its obligations under this provision by including the relevant provision in the contracts concluded.

     2. The Kazakh side ensures the protection of the participants' personal data in accordance with paragraph 1 of Article 9 of this Agreement, provided and received in connection with the session, ensures that access to this data is provided exclusively to authorized persons and solely for the purposes of organizing the session, ensures that any third party hired by it will comply with these guarantees and restrictions.

Article 14. Dispute resolution

     All disputes regarding the interpretation or application of this Agreement are amicably settled through negotiations between the Kazakh side and the Organization.

Article 15. Circumstances of force majeure

     1. In the event of any significant adverse changes in the situation in the host country that could jeopardize the safety, proper conduct of the session or the safety of any persons, including employees of the Organization participating in the session, the Regional Director of the Organization will, to the extent possible, consult with the Kazakh side and officials of the Regional Committee on possible steps.. After such consultation, the Regional Director of the Organization decides whether to suspend, postpone, change the already agreed venue or cancel the session, and as soon as possible informs the Kazakh side, as well as other Member States of the region, of his decision.

     2. The events referred to in paragraph 1 of this article include, but are not limited to, natural disasters and emergencies occurring in the host country or outside the host country if they negatively affect or are likely to negatively affect security in the host country. This provision applies regardless of any changes in the security status of the host country, as assessed by the United Nations Department of Safety and Security (hereinafter referred to as the DOB) or the Organization's security services at the time of determining the location and/or time of the session. At the same time, a decrease in the security rating of the host country according to the assessment of the UN Office or the Organization's security services should be taken into account by the Organization when making a decision in accordance with the previous paragraph.

     3. If the Regional Director exercises the right provided for in paragraph 1 of this article, the Organization is released from any and all obligations arising from this Agreement, and the Kazakh side and the Organization will immediately consult with a view to limiting and equalizing the reasonable costs associated with such a decision. In the event that the Regional Director does not decide whether to suspend, postpone, change the already agreed venue or cancel the session, any additional costs incurred by the Organization in connection with measures that are necessary and reasonable at the discretion of the Kazakh side and the Organization will be covered by the Kazakh side.

Article 16. Authorized bodies

      The authorized bodies from the Kazakh side for the purposes of implementing this Agreement are: the Ministry of Health of the Republic of Kazakhstan, the Ministry of Culture and Sports of the Republic of Kazakhstan, the Ministry of Internal Affairs of the Republic of Kazakhstan, the Ministry of Information and Public Development of the Republic of Kazakhstan, the Ministry of Finance of the Republic of Kazakhstan, the Ministry of Foreign Affairs of the Republic of Kazakhstan, the Ministry of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan, Akimat of Astana city.  

Article 17. Final provisions

     1. This Agreement, including its annex, shall enter into force from the date on which the Organization receives, through diplomatic channels, a written notification from the Kazakh side on the completion of the necessary domestic procedures for its entry into force. The Agreement expires 90 days after the end of the session, except in the event of a dispute or disputes during this period, in which case this Agreement will be valid for the purposes and throughout the resolution of the dispute or disputes.

     2. From the date of its signing and until its entry into force, this Agreement is applied on a temporary basis to the extent that it does not contradict the legislation of the Republic of Kazakhstan.

     3. By written consent of the Parties, this Agreement, including its annex, may be amended and supplemented at any time, formalized in separate protocols, which are an integral part of this Agreement and enter into force in accordance with paragraph 1 of this article.

     This Agreement should apply to the special event accordingly.

      Done in Geneva on May 23, 2023, in two original copies in English.  

For the Government

Republic of Kazakhstan

For the World Health Organization

Application Requirements of the World Health Organization for holding a session of the Regional Committee for Europe of the World Health Organization outside Copenhagen  

Review

      The amount payable by the Government of the Republic of Kazakhstan to the Organization for expenses that are not normally covered by the Bureau when the Regional Committee is held in Copenhagen:

Name

The amount

Travel expenses of the Secretariat staff, including interpreters, temporary consultants and other expenses (average round-trip airfare, daily subsistence allowance and unforeseen expenses)

$385,000

Preparatory visits by the Organization's staff

30,000 US dollars

Transportation and insurance expenses: documentation, equipment, stationery, etc.

15,000 US dollars

Total amount payable to the Organization by the Government of Kazakhstan 

430,000 US dollars

     Referring to the Agreement between the Republic of Kazakhstan and the Organization, the Government of the Republic of Kazakhstan is invited to deposit an amount of USD 430,000 to the Organization's account.:

     Account name: World Health Organization Geneva

     Bank name and address: UBS AG, 1211 Geneva 2, Switzerland

     SWIFT / BIC code: UBSWCHZH80A

     USD IBAN No: CH3100240240C01699203

     This amount will be transferred in two tranches: 50% (US$215,000) after the signing of the Agreement by the Minister of Health on behalf of the Government of the Republic of Kazakhstan, and the remaining amount before the start of the 73rd session of the Regional Committee for Europe (October 24-26, 2023).

     This amount represents the estimated average cost of travel and daily expenses of the Organization's Secretariat (calculated by taking the corresponding daily allowance for each capital of the European region and the cost of air tickets between Copenhagen and each capital), as well as other expenses related to the holding of the regional committee outside Copenhagen.

     If, in November 2023, the recalculation of daily subsistence allowance and air fares shows an amount above or below 430,000 US dollars, the Government of the Republic of Kazakhstan will pay additional expenses or the Organization will reimburse any surplus to the Government of the Republic of Kazakhstan or dispose of it on the instructions of the Government of the Republic of Kazakhstan.

     The contribution is used exclusively for the purposes specified in Annex 1 to this Agreement and is carried out in accordance with the financial regulations and financial rules, as well as the financial and administrative rules and practices of the Organization.

      Brief description of the session premises, equipment and services to be provided by the Republic of Kazakhstan

     • Conference hall with 350-450 seats.

     • 2 additional conference rooms for parallel sessions with a capacity of up to 100 participants.

     • Additional space for the exhibition area.

     • Small halls for bilateral meetings between delegations (including EU coordination).

     • The offices of the Secretariat must be accessible at least two days before the start of the meetings.

     • Audiovisual equipment and facilities for virtual session broadcasting, including Internet, WiFi.

     • Necessary equipment for translation into 2-5 languages, including microphones, headphones, and a sound technician.

     • Recording equipment for multilingual recording sessions.

     • Copiers (reinforced and standard), personal computers, laptops, laser printers, multimedia equipment, furniture and office equipment for all offices and meeting rooms.

     • Six official vehicles with drivers for use by the President, the Executive President, the Deputy Executive President of the session, the Director General, the Regional Director and the Secretariat of the Organization.

     • Transportation for equipment, materials, and documents needed in connection with the session.

     • Transportation for participants from/to the airport, from/to the session venue and from/to receptions and other similar places.

     • Organization of the opening ceremony and reception on behalf of the Minister of Health.

      • A place for the reception of the Regional Director (the cost of meals is covered by the Regional Office).

     • Services of a conference organizer or partner for organizing local events, including hotel reservations, etc.

     • Security services and staff at the session venue.

     • Local temporary staff and maintenance staff.

     • Communication expenses (for example, telephone, Internet, Wi-Fi).

     • Daily coffee breaks (one in the morning, one in the afternoon) and bottled water in the conference room.

     • Breakfast options for early morning meetings.

     • Dinners.

     • Backgrounds, banners and signs with the logo of the Regional Committee.

      • Equipment (booths, screens, poster panels) for organizing the exhibition space at the conference venue.  

     Detailed clarifications and details to the names from the above list will be agreed between the Regional Office for Europe of the World Health Organization and the Ministry of Health of the Republic of Kazakhstan in accordance with the draft program of the session by decision of the Standing Committee of the European Regional Committee of the thirtieth convocation.

List of local staff provided by the Republic of Kazakhstan

Protocol Officer

Coordinate with the Organization the preparations for the opening, inauguration and closing ceremonies, speeches, receptions and various official visits as needed.

Session Administrator

In agreement with the Organization, monitor the physical environment of the conference and the appropriate service during the session.

Public Relations/Press Service Staff

An official from the Republic of Kazakhstan who has the appropriate qualifications to act as a partner of the Organization and ensure wide media coverage.

Transport Officer and assistants

In agreement with the Organization, monitor all transport activities and drivers of official vehicles.

Technical support

• Two IT specialists who will help with all aspects of setup (including computers, networks, printers, Internet, lighting, audio/video, etc.) during conference hours, preferably with experience in networking and desktop management.

• One IT specialist to help with all aspects of the setup (as mentioned above), available by call for 30 minutes, 24 hours a day.

• Three technicians to help with multimedia equipment, document playback, etc.

• Conference event lighting specialists as needed.

• Conference documents are reproduced on an ongoing basis throughout the week.  

Translation Technicians

Audio and interpretation technicians, as needed, to operate the equipment in coordination with the Organization's technical specialist.

Information Desk

Staff to ensure proper support for delegate requests, such as transportation.

Accompanying persons

As required for the check-in desk of the Regional Committee at Astana International Airport, as well as excursions and cultural programs that may be part of the program.

Photographers and videographers

A team of professional photographers and videographers available during the session, photo and video requirements must be agreed with the Regional Office. (Note: There were 4 photographers present at ERK72, which is necessary for simultaneous coverage of various parallel sessions.)

Security Officer

An official partner for security measures and oversight in accordance with the security guidelines applicable to United Nations conferences, in coordination with the Organization.

Medical staff

Medical personnel to provide first aid in case of emergencies on the territory of the European Regional Committee.  

      Items that are usually provided by the Government of the host country, but which are not mandatory  

     • A sports event for the participants of "Walk the Talk".

     • A day trip that will be offered the day after the session closes.

     • Cultural program for accompanying persons.

     A day trip and a cultural program for accompanying persons should be organized in consultation with the Organization that approves any events before they are finalized.

     The Russian text of the Agreement between the Government of the Republic of Kazakhstan and the World Health Organization on the organization of the seventy-third session of the WHO Regional Committee for Europe in Astana (Kazakhstan) corresponds to English.

     Director of the Department  

International cooperation and integration  

Ministries of Health  

Republic of Kazakhstan ____________________  

President    

Republic of Kazakhstan     

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