On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the World Organization for Animal Health on the establishment of a Sub-regional Coordination Office of the World Organization for Animal Health on Foot-and-mouth Disease in Astana

The Law of the Republic of Kazakhstan dated January 30, 2015 No. 284-V SAM

     To ratify Agreement between the Government of the Republic of Kazakhstan and the World Organization for Animal Health on the establishment of a Sub-regional Coordination Office of the World Organization for Animal Health on Foot-and-mouth Disease in Astana, signed in Astana on October 16, 2013.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  Agreement between the Government of the Republic of Kazakhstan and the World Organization for Animal Health on the establishment of a Sub-regional Coordination Office of the World Organization for Animal Health on Foot-and-mouth Disease in Astana

     The Government of the Republic of Kazakhstan and the World Organization for Animal Health (hereinafter - OIE), hereinafter collectively referred to as the Parties, taking into account International Agreement on the Establishment of the International Epizootic Bureau in Paris, dated January 25, 1924, ratified By the Law of the Republic of Kazakhstan dated December 24, 2008 "On ratification of the International Agreement on the Establishment of the International Epizootic Bureau in Paris";       Having regard to the Agreement between the Government of the French Republic and the International Epizootic Bureau concerning the headquarters of the International Epizootic Bureau and its Privileges and Inviolability on French Territory, concluded on February 21, 1977 in Paris; having regard to the status of the Republic of Kazakhstan as an OIE member since April 19, 1993; having regard to Resolution No. XVI of May 23, 2003 regarding the use of a common name for the International Epizootic Bureau;       Considering that the development of animal products depends on improving animal health through the prevention and control of animal diseases, especially cross-border diseases such as foot-and-mouth disease; desiring to resolve the issues of this Agreement related to the establishment of the OIE Sub-Regional Coordination Office for Foot-and-Mouth Disease in Astana (hereinafter referred to as the OIE Office for Foot-and-Mouth Disease), and the definition of obligations, privileges and immunities of the OIE FMD Office in the Republic of Kazakhstan; agreed on the following:

  Article 1

     The terms used in this Agreement mean the following:       "OIE FMD Office" is the Sub-regional Coordinating Office of the World Organization for Animal Health on FMD in Astana, endowed with the rights of a legal entity; "staff" - employees of the OIE FMD office who are appointed or seconded by the Director General of the OIE, with the exception of persons who provide administrative and technical support for the activities of the OIE FMD office;       "family members" - spouse, minor children and persons who are dependent on an employee of the OIE FMD office and permanently reside with him; "archive" - reports and correspondence, documents, manuscripts, computer data, photographs, films, sound recordings and other materials belonging to the OIE office for FMD FMD or in its possession; "property" - property, including funds or other assets owned by the OIE FMD office, or in its possession or management in the performance of its functions.

  Article 2

     The scope of the OIE office's activities includes:       1) monitoring of the epizootic situation in the sub-region (countries designated by the OIE); 2) exchange of operational information and modern technologies for foot-and-mouth disease control; 3) collection, analysis and dissemination of scientific information on foot-and-mouth disease; 4) assistance in improving the legislative framework for the implementation of the Progressive Foot-and-Mouth Disease Control Program at the national level within the framework of sub-region; 5) establishment and management of a sub-regional FMD vaccine bank;       6) other activities related to the OIE mandate assigned to the OIE office by the Director General of the OIE, in coordination with the authorized bodies of the Republic of Kazakhstan.

  Article 3

     On the territory of the Republic of Kazakhstan, the OIE FMD office is endowed with the rights of a legal entity, including the right to conclude contracts, acquire and dispose of movable and immovable property necessary for its activities, as well as to be a plaintiff and defendant in court.

  Article 4

     The OIE FMD office consists of a building or part of a building that it occupies or may occupy in the future to carry out its activities, including the land plot serving this building or part of the building. The OIE FMD office does not include buildings or parts of the building used for its staff.

  Article 5

     1. The OIE FMD Office is inviolable, except in cases stipulated by the legislation of the Republic of Kazakhstan. Officials may not enter the premises of the OIE office to perform their official duties except with the consent of the OIE Director General or a local representative delegated by the OIE Director General. Such consent is not required in the event of a fire or other emergency situations requiring urgent protective measures.       2. The premises of the OIE FMD office are not allowed to be used as a shelter for persons who are wanted in connection with the commission of a crime or violation of the legislation of the Republic of Kazakhstan or in respect of whom judicial and procedural actions are being carried out by the competent authorities of the Republic of Kazakhstan.       3. The archives of the OIE FMD office and all scientific documents belonging to it are inviolable at any time and regardless of their location, except in cases provided for by the legislation of the Republic of Kazakhstan.

  Article 6

     The property of the OIE FMD office is not subject to seizure, confiscation, requisition and expropriation, or administrative or other legal interference in any other form, except in cases provided for by the legislation of the Republic of Kazakhstan.

  Article 7

     1. Regardless of financial control measures, regulations, or moratoriums of any kind that may be in place or are being introduced at one time or another, the OIE FMD Office has the right:       1) have and use funds and currencies in any form and hold accounts in any currency and in any countries in accordance with the current legislation of the Republic of Kazakhstan;       2) freely transfer their funds and currency on the territory of the Republic of Kazakhstan or from the Republic of Kazakhstan to other countries, and vice versa, enjoy a regime no less favorable than that provided to foreign diplomatic missions in the Republic of Kazakhstan.       2. When exercising the rights granted in accordance with paragraph 1 of this Article, the OIE FMD office shall consider any representations from the Government of the Republic of Kazakhstan.

  Article 8

     The OIE FMD Office, its property, and income received from activities specified in Article 2 of this Agreement are exempt from all taxes in the territory of the Republic of Kazakhstan, with the exception of indirect taxes.

  Article 9

     The OIE FMD Office pays excise taxes and taxes included in the price of goods. Nevertheless, when the OIE FMD office makes purchases of goods subject to taxation or other charges, the amount of value-added tax paid is reimbursed in accordance with the national legislation of the Republic of Kazakhstan.

  Article 10

     1. Furniture, office equipment and publications directly related to its activities imported or exported by the OIE FMD office are exempt from customs duties.       2. Items included in the category of goods specified in paragraph 1 of this Article are exempt from any ban or restriction on their import and export, except when this is contrary to the national security of the Republic of Kazakhstan.        3. Goods purchased or imported, in accordance with the conditions provided for in this article, must not be involved in any legal transactions on the territory of the Republic of Kazakhstan, with or without payment, except for those permitted by the legislation of the Republic of Kazakhstan.  

  Article 11

     The head and staff of the OIE FMD office are appointed or seconded by the Director General of the OIE in coordination with the Government of the Republic of Kazakhstan. The Government of the Republic of Kazakhstan will allow, without charging for visas and without delay, entry and stay in the Republic of Kazakhstan during their appointment or mission at the OIE FMD office: 1) OIE delegates, experts and observers at conferences held by the OIE; 2) members of the OIE Head Office, regional and subregional offices of the OIE;       3) the staff of the OIE FMD office and their family members living with them.

  Article 12

     Taking into account the special nature of the objectives of the OIE FMD office in relation to animal disease control, the Government of the Republic of Kazakhstan provides the OIE FMD office with means of communication such as mail, telephone, telegraph, radiotelephone and radiotelegraph on the same terms as those provided to foreign diplomatic missions in the Republic of Kazakhstan.

  Article 13

     The head and staff of the OIE FMD office are exempt from all taxes on wages and remuneration received when paying for their work in the OIE FMD office.

  Article 14

1. The staff of the OIE FMD office is exempt from duties on the temporary importation of their personal vehicles.       2. The staff of the OIE FMD office has the right to:       1) immunity in respect of any legal actions related to official activities; 2) importation, tax-free, of furniture and personal belongings that are also used during their stay in the Republic of Kazakhstan, if they previously had them while living abroad.;        3) to alienate movable property during international crises on the same terms as members of the diplomatic staff of representative offices of foreign States of a similar rank.  

  Article 15

     The privileges and immunities provided for under this Agreement are granted to their recipients in the interests of the proper functioning of the OIE FMD office, and not for the personal benefit of individuals.       The World Assembly of OIE Delegates or the Director General of the OIE shall agree on the lifting of the immunity granted to any such recipient, if such immunity may interfere with the administration of justice in the Republic of Kazakhstan and if it can be lifted without prejudice to the interests of the OIE.       The OIE and the OIE FMD Office are constantly cooperating with the Government of the Republic of Kazakhstan in order to facilitate the proper administration of justice and ensure compliance with law enforcement regulations and to prevent any misuse of the immunities and benefits provided for in Articles 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this Agreement.

  Article 16

     The privileges and immunities specified in Articles 13 and 14 of this Agreement are not granted to citizens of the Republic of Kazakhstan and foreign citizens permanently residing in the territory of the Republic of Kazakhstan.

  Article 17

     1. The Republic of Kazakhstan transfers an annual voluntary contribution in the amount of 250,000 (two hundred and fifty thousand) US dollars for the proper functioning of the OIE FMD office in Astana. This contribution and the budget of the OIE FMD office are managed by the OIE Head Office (Paris, France).        2. The Government of the Republic of Kazakhstan provides a room that will have a separate entrance and at least three workrooms for the OIE FMD office and a conference room for about 15 (fifteen) people, as well as the necessary office furniture and equipment for its proper functioning.  

  Article 18

     Any disputes between the Government of the Republic of Kazakhstan and the OIE concerning the interpretation or application of this Agreement, if they cannot be resolved through negotiations, shall be referred for final decision without appeal to a Committee consisting of: 1) an arbitrator appointed by the Government of the Republic of Kazakhstan and an arbitrator appointed by the OIE; 2) arbitrators appointed by the two parties. or, in case of refusal of such an agreement, by the Secretary-General of the United Nations.

  Article 19

     This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification by the Republic of Kazakhstan of the completion of the internal procedures necessary for its entry into force.       This Agreement shall terminate upon the expiration of 12 (twelve) months from the date of receipt by one of the Parties through diplomatic channels of a written notification from the other Party on the termination of this Agreement.       Done in Astana on October 16, 2013, in two copies, each in Kazakh, English and Russian languages. In case of disagreement in the 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 World Organization for Animal Health

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

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  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases