On the ratification of the Agreement between the Government of the RK and the United Nations on the Technical Cooperation Trust Fund

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The Law of the Republic of Kazakhstan dated October 15, 2014 No. 242-V SAM

To ratify the Agreement between the Government of the Republic of Kazakhstan and the United Nations on the Technical cooperation Trust Fund, signed in New York on August 4, 2014.

President of the Republic of Kazakhstan N.Nazarbayev

Agreement between the Government of the Republic of Kazakhstan and The United Nations technical Cooperation trust fund

WHEREAS the Government of the Republic of Kazakhstan (hereinafter referred to as the "Government") and the United Nations, represented by the Department of Economic and Social Affairs of the United Nations (hereinafter referred to as "DESA"), hereinafter collectively referred to as the "Parties" and separately as the "Party", have agreed to cooperate in Implementation of the project entitled the United Nations Global E-Government Forum 2014 (hereinafter referred to as the "Project"), which is described in Annex B to this Agreement. WHEREAS the Government has informed the United Nations of its desire to provide the favorable conditions and financing necessary for the implementation of the Project; WHEREAS it has been agreed between the Government and the United Nations that DESA is responsible for managing the funds provided by the Government to the United Nations to cover the costs of The project; IN VIEW OF THE ABOVE, the Government and the United Nations have agreed on the following:

Article 1

1. The Government will make available to DESA an amount equal to 500,000 (five hundred thousand) US dollars to cover the costs to be incurred by DESA on the Project described in Annex B to this Agreement. 2. The Government will deposit these funds in a convertible currency of unlimited use at Morgan Chase Bank, International Banking Institutions, 277 Park Avenue, 23rd Floor, New York, NY 10172-0003, USA, indicating that this deposit is intended for lending to the activities of the United Nations, Account number 485-000-865, ABA code: 021-000-021; SWIFT code: BSUS33. The Government will contribute the above amount after the mutual signing of this Agreement. 3. DESA will open a trust fund account in the United Nations accounting system (hereinafter referred to as the "trust fund") in accordance with the Rules of the United Nations to receive and manage these funds. 4. The Trust Fund and the activities financed from it should be managed by DESA in accordance with the United Nations rules, regulations and directives applicable to DESA. Accordingly, staff will be hired to manage, equipment, materials and services will be procured, and contracts will be concluded in accordance with the provisions of these rules, regulations and directives. Upon completion of the project, the equipment, materials and property financed from this trust fund will be transferred to the Government, unless otherwise agreed between the Parties. 5. All financial accounts and statements must be denominated in US dollars.

Article 2

1. An amount is charged from the trust fund for expenses incurred by DESA in connection with the implementation of activities under this Agreement. 2. The trust fund will also be charged thirteen percent of all trust fund expenses, which will be paid for administrative, financial and legal Project support services provided by DESA during the implementation of the project funded from this trust fund. 3. The trust fund will also be charged an amount equal to one (1) percent of the remuneration or salary without allowances of employees engaged by DESA, and whose participation is funded from the trust fund, to provide a reserve to cover any claim in the event of death, injury or illness during the performance of work, in accordance with applicable rules and regulations. or United Nations treaties, the reserve of which cannot be reimbursed to the Government.

Article 3

1. DESA must begin and continue to carry out work under this Agreement upon receipt of contributions in accordance with this Agreement. 2. DESA should not assume obligations for the amounts indicated for expenses in the Annex B to this Agreement.

Article 4

The assessment of activities funded from the trust fund, including a joint assessment by the Government and DESA, should be carried out in accordance with the provisions specified in Annex B. This trust fund is subject exclusively to internal and external audit procedures, as specified in the financial regulations, rules and directives of the United Nations.

Article 5

By June 30 of each year, the Government must receive the following annual balance sheets and reports prepared in accordance with the accounting and reporting of the United Nations: (a) The Annual progress Report; (b) The Annual Financial Report, which summarizes the balance of funds as of January 1, additional contributions received, total expenditures, program support, and the balance of funds as of December 31 of each year.; (c) An analysis of the annual mandatory budget, which reflects the actual expenditures as of December 31 for current and past accounting periods and future budget requirements for subsequent years, in the format specified in Annex B to this Agreement. (d) The final report and analysis of the final budget, in the format reflected in Annex B to this Agreement, until June 30 of the year following the date of expiration or termination of this Agreement. All reports will be provided to DESA, with the exception of subparagraph (b) of this article, the Annual Financial Report, which will be prepared by the United Nations Accounting Division.

Article 6

DESA must notify the Government through diplomatic channels when, by mutual agreement of the Parties, the objectives for which the trust fund was established will be realized. The date of this notification will be considered the expiration date of this Agreement, subject to the continuation of Article 10 for the purposes specified in this document.

Article 7

1. In order to implement this Agreement, the provisions of the United Nations Convention on the Privileges and Immunities of the United Nations, approved by the General Assembly on February 13, 1946, to which the Republic of Kazakhstan is a party, should apply to DESA, its officials and experts on mission, as well as property and assets, wherever and by whom they are located. 2. The Government is responsible for reviewing any claims that may be brought by third parties against DESA, its property and personnel, or other persons performing services on behalf of DESA, and must ensure that there is no damage to DESA, its property, personnel and others in the event of any claims or debt obligations arising from work performed in within the framework of this Agreement, except in cases where the Government and DESA recognize, that such claims or debt obligations are the result of negligence or deliberate actions by staff or others. 3. In relation to any seminar, symposium, practical seminar, conference or other scientific and training event organized within the framework of the Project, the Government should apply the provisions set out in Appendix A.

Article 8

1. Any dispute between the Government and the United Nations concerning the interpretation and application of this Agreement, which cannot be settled through negotiation or other methods, must be submitted to the arbitral tribunal at the request of any Party to this Agreement. Each Party must appoint one arbitrator, so the two appointed arbitrators must appoint a third, who will be the chairman. If, within 30 (thirty) days of the request for arbitration, one of the Parties has not appointed an arbitrator, or if, within 15 (fifteen) days of the appointment of two arbitrators, a third arbitrator has not been appointed, either Party to this Agreement may request the President of the International Court of Justice of the United Nations to appoint an arbitrator. The procedure of the arbitration court will be established by the arbitrators, and the costs of arbitration will be borne by the Parties according to the assessment of the arbitrators. The award must state the reasons on which it is based and must be accepted by the Parties as the final solution to the dispute. 2. Nothing in any provision or in relation to any article or this Agreement should be considered as a waiver of the privileges and immunities of the United Nations.

Article 9

1. This Agreement may be terminated by either Party by sending through diplomatic channels to the other Party a written notification of its intention to terminate this Agreement, and it must be terminated upon the expiration of 60 (sixty) days from the date of receipt of such notification. The obligations assumed by the parties under this Agreement remain in force after the termination of the Agreement to the extent necessary to ensure the orderly completion of activities, the withdrawal of personnel, funds and property, to settle accounts between the parties and to settle contractual obligations that are necessary with respect to any subcontractors, consultants or suppliers.

Article 10

Any funds that are not used before the completion of the project should be kept in the DESA account referred to in paragraph 2 of Article 1 of this Agreement, pending a meeting with the Government.

Article 11

1. Any action required or authorized under this Agreement must be performed on behalf of the Government by the Chairman of the Agency of the Republic of Kazakhstan for Communications and Information and on behalf of DESA by the Deputy Secretary General of the Department of Economic and Social Affairs or his authorized representative. 2. Any notifications or requests provided for in the provisions of this Agreement shall be sent by the Parties to each other in writing. This notification or request will be considered to be properly drafted when it is delivered in person, by mail, telegram, or telex to the other Party for whom it is required, to the address of the Party indicated below, or to another address specified in writing when providing the notification or request. DESV: Mr. Wu Hongbo Under-Secretary-General for Economic and Social Affairs United Nations S-2922 United Nations, New York, NY 10017 Government: Mr. Askar Zhumagaliev Chairman Agencies of the Republic of Kazakhstan for Communications and Information 010000, Astana city, ul. Orynbor 8, Ministry House, entrance 14 tel: +7 (7172) 74-10-12, fax: +7(7172) 74-03-64

Article 12

1. This Agreement may be amended by written agreement between duly authorized Representatives of the Parties, each of whom must provide full and supportive consideration of the proposal to amend the Agreement. 2. This Agreement is signed by both Parties. It is temporarily applied from the date of signing until the completion of the official requirements necessary for its entry into force in accordance with paragraph 3 of Article 12 of this Agreement. 3. This Agreement shall enter into force on the date of receipt by DESA of a written notification from the Government on the completion of the internal procedures necessary for its entry into force. IN CONFIRMATION OF THE ABOVE, the undersigned representatives of the Parties, having the appropriate authority, have signed this Agreement. Done in two original copies, in English.

__________________________ ________________________ First Name: First Name:

For the Government For the Organization of the United Nations of the Republic of Kazakhstan

Department of Economic and Social Affairs The United Nations

Appendix A

Arrangements regarding privileges and immunities and other specific issues regarding United Nations meetings held in the Republic of Kazakhstan in relation to the Agreement on the Technical Cooperation Trust Fund called the United Nations Global E-Government Forum 2014

The United Nations and the Government of the Republic of Kazakhstan hereby agree that the following provisions shall apply to any seminars, symposiums, scientific conferences and other research and training activities within the framework of the project described in Annex A to the Agreement on the Technical Cooperation Trust Fund:

Article 1 Definitions

(a) The "Parties" are the Government of the Republic of Kazakhstan and the United Nations; (b) "Meeting" or "Meetings" means any seminars, symposiums, courses, workshops or other types of small-scale meetings held in Kazakhstan with the assistance of the United Nations; (c) The "Venue" should include all facilities, including conference rooms for informal meetings, offices, workplaces and others. the premises provided within the framework of the Project by the Republic of Kazakhstan in relation to each individual meeting, respectively.

Article 2 Privileges and immunities

1. The Convention on the Privileges and Immunities of the United Nations, approved by the General Assembly on February 13, 1946, should apply to meetings held in Kazakhstan. In particular: (a) Representatives of States should have the privileges and immunities provided for in article IV of the Convention; (b) Participants invited to a meeting by the United Nations should be granted privileges and immunities as experts on mission for the United Nations in accordance with articles VI and VII of the Convention.; (c) United Nations officials participating in the performance of functions in connection with the meeting should be accorded privileges and immunities in accordance with articles V and VII of the Convention. 2. Representatives of the specialized agencies of the United Nations should, accordingly, be accorded privileges and immunities in accordance with the Convention on Privileges and Immunities, approved by the General Assembly on November 21, 1947, and in accordance with Agreement on the Privileges and Immunities of the International Atomic Energy Agency of July 1, 1959. 3. Without prejudice to all the preceding paragraphs, all participants and persons performing certain functions in connection with the meeting should be accorded such privileges, immunities and conditions as are necessary for the independent performance of their functions in relation to the meeting. 4. The staff represented at the meeting by the Government of the Republic of Kazakhstan in accordance with this Agreement shall be granted immunity from legal proceedings in respect of spoken words or written documents and any other actions performed by them in an official manner in connection with the meeting.

Article 3 Right of entry and exit

1. All participants and persons performing functions in connection with the meeting held in the Republic of Kazakhstan must be given the right to freely enter and leave the Republic of Kazakhstan. Visas and entry permits, if necessary, must be provided free of charge and as soon as possible. If applications are submitted four weeks before the opening of the meeting, visas must be provided no later than two weeks before the opening day of the meeting. If the application is submitted less than four weeks before the opening, the visas must be provided as soon as possible and no later than three days before the opening of the meeting. If the visas are not received by the meeting participants on time, they must receive them upon arrival at the airport. 2. Permission to leave, if necessary, is provided free of charge, and as soon as possible, and in any case no later than three days before the closing of the meeting.

Article 4 Protection by police forces

1. The Government of the Republic of Kazakhstan should provide police protection, which is necessary for the effective functioning of the meeting and to ensure a safe and calm atmosphere free from any kind of outside interference. Such police protection services should be supervised by a high-ranking official from the Government of the Republic of Kazakhstan, and this person should work in close cooperation with a high-ranking official appointed by the United Nations.

Article 5 Responsibilities

1. The Government of the Republic of Kazakhstan is responsible for the settlement of any lawsuits, claims and other claims against the United Nations and its representatives arising as a result of: a) damage caused to people, or damage or loss of property in the premises where the meeting is held, provided or controlled by the Government; b) damage caused to people, or damage or loss of property when using transport services within the framework of the meeting, provided by the Government of the Republic of Kazakhstan or controlled by it; (c) Recruitment of staff for the meeting provided or hired by the Republic of Kazakhstan. 2. The Government of the Republic of Kazakhstan provides protection against damage and losses, and the security of the United Nations and its officials in respect of any such claims, claims and other claims.

Article 6 Final provisions

If necessary, the Parties may conclude special agreements on organizational and financial issues for each meeting held in the Republic of Kazakhstan. Appendix B

Department of Economic and Social Affairs The United Nations

Project name: United Nations Global E-Government Forum 2014 Project Number: INT/14/X46/A Implementing organization: Department of Economic and Social Affairs (DESA) Start date: August 2014 Duration: 4 months Project amount: 500,000 USD Signature Date Name/Position

For the Government, Mr. Askar Zhumagaliyev of the Republic of Kazakhstan, Chairman of the Agency of the Republic of Kazakhstan for Communications and Information

___________________ ____________

For DESA, Mr. Wu Hongbo Deputy General Director Secretary of State for Economic and Social Affairs __________________ ____________ The United Nations

1. The premise

A project between the Department of Economic and Social Affairs (DESA) The United Nations and the Government of the Republic of Kazakhstan aim to promote the strengthening of e-government strategies, principles and actions of Member States through the exchange of experiences and best practices during the United Nations Global E-Government Forum 2014. The international forum will be organized by DESA in partnership with the Agency of the Republic of Kazakhstan for Communications and Information. This is the third forum organized by DESA. The other two were held in Seoul, Republic of Korea in October 2012 and October 2013. The two previous forums allowed participating States to share relevant achievements of e-government and raise awareness of new e-government trends. During the 2013 forum, the Government of the Republic of Kazakhstan proposed to host the United Nations Global E-Government Forum 2014. The 2014 Forum aims to continue the process of helping Member States to develop the "Smart Society". The United Nations (UN) has supported participating States in developing national policies and practices aimed at achieving the Millennium Development Goals. As a precursor to this, the United Nations stands for promoting the exchange of experience, knowledge and expertise on innovation in public administration, contributing to socio-economic development. The General Assembly highlighted the importance of knowledge-sharing actions in resolution 57/277, noting that special attention should be paid to sharing experiences on the role of public administration in achieving internationally agreed goals, including those contained in the Millennium Declaration. Resolution 50/225 also emphasized that international cooperation should be strengthened in the field of public administration, including Southern and Interregional cooperation. According to these guidelines, DESA, through the Division of Public Administration and Development Management (OGSD), actively assisted participating States in enhancing their capacities in public administration through capacity-building seminars, expert group meetings, publications and online information repositories of the United Nations Public Administration Network (UNSG). Since 2003, the OSUUR has acquired, disseminated and exchanged innovative public administration practices through the United Nations Public Service Awards (UNGS) 1 and through the forum. Moreover, with the advent of e-government as a powerful tool for strengthening good governance, the USAID has published a UN Study on e-Government since 2003, showing trends in e-government and the development of e-government-ready countries around the world. Since the first edition, the study has become a useful reference for guiding actions for the development of "e-government" at the international, regional and local levels. 1. About e-Government and the public sector in Kazakhstan In recent years, the Republic of Kazakhstan has made great efforts to modernize the public sector, including information and communication technologies (ICT), which have transformed the administrative management system. According to the results of the 2012 UN E-Government Survey, the Republic of Kazakhstan is the leading country among the countries of the Central Asian region. The Republic of Kazakhstan has significantly improved over the past few years regarding the provision of online services that allow citizens to access public services in a comprehensive manner. One of the interesting aspects of Kazakhstan's online services is the Government blog. Citizens can contact the heads of government agencies through comments and questions that promote transparency in public administration and improve interaction between citizens and government officials. The site also contains statistical information on the questions and comments received by the executors of the institutions, as well as the number of responses to them to ensure proper monitoring. According to the 2012 UN E-Government Study, the Republic of Kazakhstan has characteristics of all four stages of e-government development: emergence, expansion, transaction, and communication. It was also recognized by the international community as evidence of the continuous improvement of the Republic of Kazakhstan in international and regional rankings such as the World Summit on the Information Society (WSIS). ______________________________ _1 UNU is the most prestigious international recognition of the quality of public service, which has been celebrated since 2003 in accordance with General Assembly resolution 57/277, which designated June 23 as United Nations Civil Service Day. The main goal was to celebrate and reward the best civil service employees around the world with prizes awarded to them for their high level of service to citizens. 2 The role of DESV The UN study on e-government allowed DESA to gain in-depth knowledge about e-government trends, strategies, policies, content development, tools for social interaction and citizen engagement, and transfer this knowledge to developed countries, countries with economies in transition, and developing countries. DESA has extensive experience in supporting efforts to develop the capacity of countries to initiate or improve their e-government strategies, policies, and plans. Through the forum, DESA provides an opportunity for countries to discuss their individual challenges and successes in the field of e-government policy and demonstrate those working methods that are particularly effective. This forum falls under the action of the OSUUR to strengthen various capacities of governance, public administration and institutions, as defined in resolutions and decisions adopted by the General Assembly and the Economic and Social Council (ESS), as well as in recommendations from world conferences. Supporting countries in their e-government policies is a top priority of the OSUUR Capacity Development program, as defined in the OSUUR Capacity Development Strategy. DESA's ICT development work, including e-government, generally seeks to strengthen governance and public administration capacities in developing countries to achieve national development goals and internationally agreed development goals. It draws guidance from intergovernmental agreements, in particular the UN Convention against Corruption. DESA's research and analytical work, which is supported by the Committee of Experts on Public Administration, allows the Department to timely generate relevant knowledge about trends, issues, innovations and best practices in the field of governance and public sector institutions on an international scale, and link them with intergovernmental policy development. The Global E-Government Forum 2014 will present awards for public services in e-government. The award is given to those countries that demonstrate leadership in the field of e-government and will provide participants with a first-hand overview of the e-government awards. The Forum will officially present the 2014 e-government study on the region.

2. Problem analysis

The current forms of government face more complex challenges than in the past. Citizens' demands for forms of government within the State have become so diverse that the traditional role of forms of government as a service provider alone has faced significant barriers to meeting the various needs of citizens. They are now asking their government to (a) provide services that are centrally directed to citizens, precisely tailored to meet their expectations; (b) show a greater degree of transparency and accountability across a range of government actions.; and (c) to allow more citizens to participate in the government decision-making process. On the part of the Government, phenomena such as the global economic recession and global warming have become more sensitive to the international crisis. No matter how successfully the Government manages local issues, it is more likely to be endangered by unexpected external factors. The global financial crisis in 2008, which began in the United States, clearly showed how a vulnerable domestic government can respond to external situations. The United Nations Global E-Government Forum 2014 is taking place at a time when government forms are required to be more responsive, transparent and responsible for the rational resolution of all these tasks. Therefore, the theme of this year's forum "Smart Governance for Sustainable Development: New opportunities for partnership in a networked society" is quite timely. The Forum will discuss how enhanced ICT capabilities can transform traditional forms of government and society into smart ones that can respond to complex needs and challenges ahead of time. Smart Government and Smart Society are highly developed governments and societies in which government services are provided by overlapping departments and ministries through integrated applications (i.e., a universal portal), so that citizens can take advantage of the services they can receive in simplified and integrated forms. Smart Government also provides specially carefully designed centralized services for citizens, which ultimately help society become more convenient and efficient. Experience and research show that this type of government and society greatly improves the quality of public service by encouraging citizens to interact more actively in government decision-making. To achieve the concept of "Smart Government", participating States should be aware of the needs of citizens and ensure that top-down and bottom-up approaches are taken into account when developing and implementing an e-government strategy.

3. Project strategy:

1. Project objectives and activities Built on the previous two forums in Seoul, the Astana Forum will bring together leading experts to create smart forms of government and a "Smart Society" to share relevant knowledge and increase the potential for participation in public administration. Objective: To support developing countries in evaluating integrated ICT solutions for the provision of public services. Expected achievements: OD 1. Increase senior management's knowledge of e-government policies, trends, solutions, and best practices; OD 2. Update senior management's commitments to adapt their acquired knowledge and experience to develop innovative e-government development strategies suitable for their country. Achievement indicator: (ID 1) Recommendations and proposals included in the outcome of the forum as a guide for Member States to refer to in implementing smart Forms of government and Smart Society (ID 2) The number of national initiatives towards integrated e-government services announced at the forum. Actions: The following types of actions will contribute to achieving implementation on both counts. 1) Action 1 - Identify/hire a Project coordinator who will act as the liaison between the UN DESA and the Government of Kazakhstan on all issues related to the organization and implementation of the forum; 2) Action 2 - Identify consultants/experts in the field of "e-government" with a specific focus on "Smart Government"; 3) Action 3 - Start and complete all essential introductory resources for the forum; 4) Action 4 - To carry out a preparatory mission of DESA in the Republic of Kazakhstan to finalize decisions regarding the essential and organizational requirements for the forum; 5) Action 5 - DESA sends invitations for the forum; 6) Action 6 - Holding the forum; 7) Action 7 - To begin and complete publication on the forum; 8) Action 8 - Printout publications on the forum.

4. Project management and implementation mechanism

The UN E-Government Forum 2014 will be organized by DESA in cooperation with the Government of the Republic of Kazakhstan. 1.1 DESA The Department of Economic and Social Affairs of the United Nations, as the implementing organization, will have overall responsibility for managing the project implementation process and ensure that the expected accomplishments described in the project documentation are met. The actions listed above should include DESA technical advisory services and full-fledged project management, which include Project implementation management and a report. DESA will appoint a Project Coordinator (KP) who will be responsible for coordinating and monitoring the implementation of the project in the country under the supervision of the Head of the e-Government Department of the Department of Public Administration and Development of DESA. In detail, the KP must: 1) define and draft a competence limit (PC) for hiring consultants; 2) plan and coordinate the DESA advisory mission to support content development; 3) coordinate with the Government of the Republic of Kazakhstan options for all significant logistical measures for the forum; 4) prepare a draft of the final publication of the forum. 1.2 The Government of the Republic of Kazakhstan The Government of the Republic of Kazakhstan will provide all local input factors, and will be responsible for organizational matters, including logistics and office equipment for DESA staff and the project coordinator, if necessary. The Government of the Republic of Kazakhstan will appoint its own Project Coordinator (KP), who will work closely with the coordinator of the DESA Project on all issues related to the organization of the forum. 2 Monitoring, evaluation and report DESA and the Government of the Republic of Kazakhstan, through two KP's, will be responsible for monitoring the preparatory process leading to the successful holding of the forum. The DESA Project Coordinator initiates the final publication of the forum, and a progress report on the project will be provided by DESA to the Government of the Republic of Kazakhstan. 3 Changes Changes to the project documentation can be agreed upon between the Parties through an exchange of letters.

5. Project activities and budget

Budget line

Activity

Continuity

Description

Year 1 ($)

Purpose: to approve the structural elements and foundations for the "Smart Government"

1101

Project Coordinator

10 weeks

Salary and related payments due for the interim Project coordinator appointed in the Republic of Kazakhstan.

55,000

1150

Consultants/Experts

8 weeks

Payment/travel for experts/representatives

50,000

1601

Relocation of DESA personnel

1 week

Travel expenses for the preparatory meeting (1 employee) and 3 employees for the maintenance of the forum

40,000

The result of the sublevel for personnel costs

145,000

3201

UN International Forum 2014

1 week

Travel expenses for international participants from developing Member States

273,000

Sublevel summary for forum expenses

418,000

5201

Reports

Prepare and publish a report

18,000

5301

Various

6,478

The result of the sublevel for different

24,478

Total

442,478

5601

Program support costs (13%)

57,522

Total (USD) ($)

500,000

To achieve the Project's goal, funds can be redistributed among budget items.

6. Logical structure

Goal

Assistance to developing countries in evaluating integrated ICT solutions for the provision of public services

Expected accomplishment 1

Achievement Index

Verification method

Assumptions and risks

Increased knowledge of top management about e-government policies, trends, solutions, and best practices

Recommendations and suggestions included in the outcome of the forum as a guide for Member States to refer to in the implementation of "Smart Government" and "Smart Society"

Forum report, final document

Expected accomplishment 2

Achievement Index

Verification method

Assumptions and risks

Renewed commitment from senior management to adapt their acquired knowledge and experience to develop innovative e-government development strategies in their countries

The number of national initiatives towards integrated e-government services announced at the forum

Forum report, final document

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

President

Republic of Kazakhstan

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