On the ratification of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Russian Federation and the Government of Turkmenistan on cooperation in the Construction of the Caspian Gas Pipeline
The Law of the Republic of Kazakhstan dated May 14, 2009 No. 160-IV
To ratify the Agreement between the Government of the Republic of Kazakhstan, the Government of the Russian Federation and the Government of Turkmenistan on cooperation in the Construction of the Caspian Gas Pipeline, signed in Moscow on December 20, 2007.
President of the Republic of Kazakhstan
AGREEMENT between the Government of the Republic of Kazakhstan and the Government of Agreement between the Government of the Russian Federation and the Government of Turkmenistan on cooperation in the construction of the Caspian gas pipeline
(Bulletin of International Treaties of the Republic of Kazakhstan, 2009, No. 5, Article 28) (Entered into force on June 17, 2009)
The Government of the Republic of Kazakhstan, the Government of the Russian Federation and the Government of Turkmenistan, hereinafter referred to as the Parties, guided by the Joint Declaration of the President of the Republic of Kazakhstan, the President of the Russian Federation and the President of Turkmenistan on the Construction of the Caspian Gas Pipeline dated May 12, 2007, guided by Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the gas industry dated November 28, 2001 and the Agreement between the Russian Federation and Turkmenistan on cooperation in the gas industry dated April 10, 2003, in order to develop long-term cooperation in the transportation of Turkmen and Kazakh natural gas based on the integration of the gas industries of the Parties, given that the Parties have sufficient financial capabilities and natural gas resources necessary to achieve the objectives of this Agreement, agreed on as follows:
Article 1
The Parties are ensuring the implementation of the Caspian Gas Pipeline Construction Project from the Belek compressor station (Turkmenistan) to the Alexandrov Guy gas measuring station (Russia) (hereinafter referred to as the Caspian Gas Pipeline), taking into account the reconstruction of the existing Okarem-Beineu and Central Asia -Center gas pipelines for the transportation of Turkmen and Kazakh natural gas through the territories of the Republic of Kazakhstan., the Russian Federation and Turkmenistan (hereinafter referred to as the Project).
Article 2
The Project is being implemented by the following organizations: from the Kazakh Side - National Company KazMunayGas Joint Stock Company; from the Russian Side - Gazprom Open Joint Stock Company; from the Turkmen Side - Turkmengaz State Concern, hereinafter referred to as authorized organizations. In the event of a replacement of authorized organizations providing for the transfer of all rights and obligations under the Project, the Parties shall immediately notify each other through diplomatic channels.
Article 3
The Parties assume that the authorized organizations have agreed and are implementing the Project, which includes, inter alia: carrying out an instrumental survey of the technical condition of the facilities of the existing gas transportation system in the territories of the states of the Parties; preparation of a program for synchronizing the implementation of the Project with the phased development of deposits in order to ensure the transportation of guaranteed volumes of natural gas within the framework of the Project; joint preparation of a synthesis feasibility report based on feasibility studies of individual parts of the Project implemented in the territories of the States of the Parties; determination of the composition and procedure for the transfer of initial data and individual results of work on feasibility studies. The Parties may consider the possibility of increasing the capacity of the Caspian gas pipeline beyond the volumes specified in Article 5 of this Agreement, taking into account the development of the raw material base in the territories of the States of the Parties.
Article 4
The Parties ensure the start of practical implementation of the Project from the second half of 2008 on the basis of approved feasibility studies and an agreement (agreements) on the basic principles of joint Project implementation. The implementation of the Project on the territory of each of the States of the Parties is provided and carried out by the authorized organization of the relevant Party independently, except in cases when one of the Parties decides otherwise on the territory of its state. Prior to the start of the Project, authorized organizations conclude an appropriate agreement(s) on the basic principles of joint Project implementation, which, among other things, includes provisions on: design, reconstruction, construction and operation of Project facilities as a single infrastructure facility; tariff and pricing; regulation of commercial relations between authorized organizations during the period of validity of this Agreement, including the provision of mutual guarantees based on commercial agreements (contracts) for a period of at least 15 years for the purchase and transportation of natural gas, providing for obligations on purchase and sale volumes, as well as on gas transportation; financing of the Project; transportation of natural gas on mutually beneficial conditions for facilities created within the framework of the Project; confidentiality.
Article 5
In order to implement the Project, each of the Parties confirms its previous commitments and assumes the following obligations: Kazakh Side: guarantees transportation of Turkmen gas in the amount of up to 10 billion cubic meters annually through the territory of the Republic of Kazakhstan in transit mode through its gas transportation system; and through its authorized organization: ensures an increase in the productivity of the existing gas transportation system on the territory of its state and the creation of new capacities for transporting Turkmen and Kazakh gas in a total volume of up to 20 billion cubic meters annually to the border of the Republic of Kazakhstan with the Russian Federation (through the Alexandrov Guy gas measuring station); ensures delivery to the border of the Republic of Kazakhstan with the Russian Federation By the Russian Federation (Alexandrov Guy gas measuring station) and the sale of up to 10 billion cubic meters annually. meters of gas of Kazakhstani origin from an authorized organization of the Russian Side at a fair market price. The Russian Side: in accordance with the Agreement between the Russian Federation and Turkmenistan on Cooperation in the gas industry dated April 10, 2003, guarantees the purchase, transportation and payment of Turkmen gas in the amount of up to 10 billion cubic meters annually on the border of Turkmenistan with the Republic of Kazakhstan (Karabogaz gas measuring station on the territory of Turkmenistan) how to fulfill part of the obligations under the said Agreement dated April 10, 2003 and through its authorized organization: ensures the purchase of Turkmen and Kazakh gas at the border of the supplier country at a fair market price agreed upon by authorized organizations in a total volume of up to 20 billion cubic meters annually; ensures the organization of transportation of purchased Turkmen and Kazakh gas through the territory of the Republic of Kazakhstan and payment for this transportation in accordance with the agreements concluded with the authorized organization of Kazakhstan The parties by agreements (contracts); It provides an increase in the productivity of the gas transportation system, including the creation of new capacities on the territory of its state, for receiving Turkmen and Kazakh gas in the amount of up to 20 billion cubic meters annually on the border of the Republic of Kazakhstan with the Russian Federation (through the Alexandrov Guy gas measuring station) and subsequent transportation. Turkmenistan: in accordance with the Agreement between the Russian Federation and Turkmenistan on Cooperation in the gas industry dated April 10, 2003. guarantees the supply of Turkmen gas to the Russian Federation on the border of Turkmenistan with the Republic of Kazakhstan in the amount of up to 10 billion cubic meters annually as part of the obligations under the Agreement dated April 10, 2003; and through its authorized organization ensures the productivity of the existing or creation of a new gas transmission system on the territory of its state to the gas measuring station "Karabogaz" up to 10 billion cubic meters. cubic meters per year.
Article 6
The Parties shall provide support to authorized organizations and contractors involved in the Project and create favorable conditions for them in accordance with the laws of the States of the Parties.
Article 7
Taxation of the activities of authorized organizations and contractors participating in the Project under this Agreement is carried out in accordance with the legislation of the state of each of the Parties in whose territory the relevant sections of the Caspian gas pipeline are located. In cases where changes are made to the legislation of the state of any Party in whose territory the relevant sections of the Caspian gas pipeline are located, leading to a deterioration in the taxation conditions of authorized organizations and contractors participating in the Project under this Agreement, taxation of authorized organizations and contractors participating in the Project for the period of participation in reconstruction, construction and operation until the payback period of the Project is reached, It will be carried out in accordance with the legislation of the State of this Party in force on the date of signing this Agreement. For the purposes of this Agreement, a deterioration in tax conditions is understood to mean the introduction (establishment) of new taxes, fees, duties and (or) other similar payments, an increase in tax rates, fees, duties and (or) other similar payments. The provisions of this article apply exclusively to taxation of activities related to the reconstruction, construction and operation of the Caspian gas pipeline.
Article 8
The following competent authorities coordinate control over the implementation of this Agreement: from the Kazakh Side - the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan; from the Russian Side - the Ministry of Industry and Energy of the Russian Federation; from the Turkmen Side - the State Agency for the Management and Use of Hydrocarbon Resources under the President of Turkmenistan. In case of replacement of the competent authority, each Party shall immediately notify the other Parties through diplomatic channels.
Article 9
The Parties, including through competent authorities, in accordance with the legislation of their States, ensure the timely exchange of information, including regulatory legal acts related to activities carried out in the framework of the implementation of this Agreement. Each of the Parties, in accordance with the legislation of its State, provides the other Parties with the information at its disposal on all issues related to the implementation of this Agreement.
Article 10
In the event of circumstances that create obstacles to the fulfillment by one of the Parties of its obligations or disagreements under this Agreement, the competent authorities of the Parties shall hold appropriate consultations in order to make mutually acceptable decisions to overcome the circumstances or disagreements that have arisen and ensure the implementation of this Agreement. Disagreements between the Parties in the interpretation and (or) application of the provisions of this Agreement, which cannot be resolved through consultations between the competent authorities, are resolved through negotiations between the Parties with the preparation of appropriate protocols.
Article 11
The provisions of this Agreement do not affect the rights and obligations of the Parties under other international treaties not mentioned in this Agreement to which they are parties. The Parties are not responsible for the obligations of authorized organizations arising from their participation in the Project and assumed by them in accordance with the agreements specified in Article 4 of this Agreement. The Parties shall take measures aimed at ensuring that authorized organizations properly fulfill their obligations under the construction and operation of Project facilities.
Article 12
By agreement of the Parties, this Agreement may be amended and/or supplemented, formalized in separate protocols.
Article 13
This Agreement is valid until December 31, 2028. At the end of this period, it will be automatically extended for each subsequent year, unless either Party notifies the other Parties in writing at least six months before the expiration of the next period of validity of the Agreement of its intention to terminate it. Termination of this Agreement will not affect the fulfillment of obligations stipulated by the agreements (contracts) concluded under this Agreement during its validity period.
Article 14
This Agreement shall enter into force on the date of receipt by the Parties of the last written notification through diplomatic channels on the completion by each of the Parties of the internal procedures necessary for its entry into force. This Agreement is temporarily applied from the date of its signing in accordance with the laws of the States of the Parties.
Done in Moscow on December 20, 2007, in three copies, each in the Kazakh, Russian and Turkmen languages, all texts having the same legal force. In case of disagreement in the interpretation of the provisions of this Agreement, the text in Russian will be used.
For the Government For the Government For the Government of the Republic of Kazakhstan of the Russian Federation of Turkmenistan
The RCPI's note. The text of the Agreement in the Turkmen language is attached.
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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