On the ratification of the Agreement between the Republic of Kazakhstan and the European Bank for Reconstruction and Development on Cooperation and Activities of the European Bank for Reconstruction and Development in the Republic of Kazakhstan
The Law of the Republic of Kazakhstan dated February 11, 2014 No. 172-V SAM
To ratify the Agreement between the Republic of Kazakhstan and the European Bank for Reconstruction and Development on Cooperation and Activities of the European Bank for Reconstruction and Development in the Republic of Kazakhstan, signed in Istanbul on May 11, 2013.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT ON COOPERATION AND ACTIVITIES OF THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT IN THE REPUBLIC OF KAZAKHSTAN
This Agreement (the "Agreement") is concluded between the Republic of Kazakhstan and the European Bank for Reconstruction and Development (the "Bank" or the "EBRD"), hereinafter collectively referred to as the "Parties" and individually as the "Party": since the Bank is an international financial institution established and operating under the Agreement Establishing the European Bank for Reconstruction and Development dated May 29, 1990 ("Agreement on the Establishment of the Bank"); since the Republic of Kazakhstan is a member of the Bank by virtue of the fact that it joined the Agreement on the Establishment of the Bank in 1992 and thereby agreed to be bound by its provisions; Whereas on December 6, 2001, the Republic of Kazakhstan adopted the Law on the Membership of the Republic of Kazakhstan in the International Monetary Fund, the International Bank for Reconstruction and Development, the International Finance Corporation, the International Development Association, the Multilateral Investment Guarantee Agency, the International Center for Settlement of Investment Disputes, the European Bank for Reconstruction and Development, the Asian Development Bank, the Islamic Development Bank, and July 9, 2004 - The Law of the Republic of Kazakhstan on ratification of the statutory documents of some international organizations; Since on December 10, 2004, the Parties concluded The Framework Agreement between the Government of the Republic of Kazakhstan and the European Bank for Reconstruction and Development on Technical Assistance and Cooperation (the "Framework Agreement on Technical Assistance and Cooperation"), which was ratified by the Republic of Kazakhstan on October 22, 2005; since the purpose of this Agreement is to confirm and clarify the status, immunities, privileges and exemptions granted by To the Bank of the Republic of Kazakhstan; The Parties have agreed on the following:
Article 1. Use of terms
In addition to other terms and expressions defined in this Agreement, for the purposes of this Agreement, unless otherwise indicated in the context, the following terms and expressions have the following meanings.: (a) "dependents" means a spouse, children under the age of 18 who are not married, or under the age of 21 in the case of full-time education, who are dependent on an employee of the Bank, and parents whose well-being depends primarily on financial support from an employee of the Bank; (b) "Deputy Head of the Representative Office" means an employee appointed by the Bank as Deputy Director or Deputy Head of the Representative Office upon notification of the Republic of Kazakhstan; (c) "Head of the Representative Office" means the chief official of the Permanent Mission of the Bank appointed by the Bank as Director or Head of the Representative Office upon notification of the Republic of Kazakhstan.; (d) "members of the domestic service staff" means persons who are not citizens of the Republic of Kazakhstan who are employed as domestic workers of the Bank's employees; (e) "employees" means all officials and employees of the Bank, including members of the Bank's Board of Directors, their deputies, and experts who carry out the Bank's orders; (f) "premises of a Permanent Representative Office of the Bank" means the building(s) and/or parts of buildings (including equipment, furniture, appliances, utility rooms, parking, warehouses, basements and/or other premises located in or adjacent to the building(s), and land plots on which which building(s) are located and to which it belongs, used for official purposes of the Permanent Representative Office of the Bank, as well as the residence of the Head of the Representative Office of the Bank (including equipment, furniture, appliances, utility rooms, parking, warehouses, basements and/or other premises located in or adjacent to the residence), as well as land plots on which the residence is located and to which the residence belongs; (g) "property and assets of the Bank" means all property and assets of the Bank, including vehicles of the Bank and the Head of the Representative Office, and (h) "Permanent representative office of the Bank" means all, without exception, Permanent Representative Offices of the Bank established at one time or another in the territory of the Republic of Kazakhstan, or, depending on the context, one such representative office. "Permanent Representative offices of the Bank" means all such permanent representative offices collectively.
Article 2. Legal personality
Section 2.01 The Bank has full legal personality and, in particular, full legal capacity: (a) To conclude contracts; (b) to acquire and dispose of immovable and movable property; and (c) to initiate legal proceedings. Section 2.02 implies that a Permanent Establishment does not have a legal personality separate from the Bank.
Article 3. Privileges and immunities of the Bank
The Bank enjoys in the territory of the Republic of Kazakhstan the status, immunities, privileges and exemptions provided for in the Agreement on the Establishment of the Bank and set out below.
Article 4. Inviolability of archives
The archives of the Bank and all documents belonging to it, or documents of which it is the holder, regardless of their location or form, are inviolable. The Bank's archives mean, among other things, all archival materials, documents, correspondence, records, books, films, images, photographs, sound recordings, files, discs, magazines and/or other materials, as well as ciphers and/or codes, and media containing or storing data and/or information that belongs to The bank or is stored by it.
Article 5. Immunity of the Bank from judicial proceedings
Within the limits of its official activities, the Bank is immune from any form of judicial proceedings in the territory of the Republic of Kazakhstan, except in cases where this immunity does not apply.: a) when the Bank has expressly waived such immunity in writing in respect of each specific case; b) in respect of a civil claim arising in connection with the exercise of its powers relating to borrowing money, guaranteeing obligations and the purchase or sale or guaranteeing the placement of certain of its securities; (c) In respect of a third party's civil claim for damages from a traffic accident caused by an employee of the Bank who was performing his official duties; (d) in respect of the enforcement of an arbitration award made against the Bank as a result of the direct referral of the dispute to the arbitral tribunal by the Bank itself or on its behalf; (e) in respect of any counterclaim directly related to a legal proceeding initiated by the Bank; or f) in relation to a civil claim concerning death or personal injury as a result of the Bank's actions or omissions in the Republic of Kazakhstan, with the exception of any claim brought by or through an employee of the Bank as a result of or in connection with his employment relationship with the Bank.
Article 6. Immunity of the Bank's property and assets
The property and assets of the Bank, wherever located and whoever holds them, shall be immune from search, requisition, confiscation, expropriation or any other form of seizure or alienation by executive or legislative action, except for the final judicial decision against the Bank by a competent court in respect of the cases listed in paragraphs (a) - f) Article 5 of this Agreement. For the avoidance of doubt, the actions of the executive branch include any actions of an administrative, military, and/or police authority.
Article 7. Representation of the Bank
Section 7.01 In addition to the Bank's Permanent Representative Offices in Astana and Almaty, the Bank may establish additional branches in other regions of the Republic of Kazakhstan. The Republic of Kazakhstan, upon request, provides assistance to the Bank in obtaining suitable premises, as well as engineering communications and equipment necessary for the activities of the Bank's Permanent Representative Offices. Section 7.02 Each Permanent Representative Office of the Bank is headed by the Head of the Representative Office and the Deputy Head of the Representative Office and staffed by the Bank's employees. Section 7.03 Each Permanent Representative Office of the Bank has the right to display the Bank's flag and emblem on the territory of the Permanent Representative Office of the Bank and the vehicles of the Head of the Representative Office.
Article 8. Inviolability of premises Permanent Representative Office of the Bank
Section 8.01 Premises of the Permanent Representative Office of the Bank and any vehicles owned by the Bank and / or the Head of the Representative Office or used by them, wherever they are located in the territory of the Republic of Kazakhstan, are inviolable and are, respectively, under the control and at the disposal of the Bank and / or the Head of the Representative Office. Section 8.02 No official of the Republic of Kazakhstan or a person endowed with any form of government authority - administrative, judicial, military or law enforcement - may enter the premises of the Bank's Permanent Representative Offices except with the consent of the President of the Bank and on conditions approved by him. Such consent may be required in the event of a fire or other emergency situations requiring urgent protective measures. Section 8.03 Without prejudice to the terms of this Agreement, the Bank shall take reasonable measures to ensure that the premises of the Bank's Permanent Representative Office do not serve as a refuge for fugitives from justice, subject to extradition or deportation, or trying to avoid arrest or judicial proceedings in accordance with the legislation of the Republic of Kazakhstan.
Article 9. Protection of the Bank's Permanent Representative Office
The Republic of Kazakhstan will take all necessary measures, where necessary, to ensure the safety and protection of the premises of the Bank's Permanent Representative Office and its employees from harm, loss, intrusion or damage and to prevent any violation of law and order within the Bank's Permanent Representative Office or encumbrance of the Bank's reputation. In all circumstances, the Permanent Mission of the Bank is provided with the same protection and security that are provided to diplomatic missions in the Republic of Kazakhstan. At the request of the Head of the Representative Office, the Republic of Kazakhstan will provide a sufficient number of law enforcement officers to restore law and order in the Permanent Representative Office of the Bank or in the adjacent territories.
Article 10. Services
Section 10.01 The Republic of Kazakhstan guarantees that the Permanent Representative Office of the Bank will be provided with the necessary public facilities and services, including, but not limited to, electricity and communications, water supply and sanitation (sewerage), gas supply, household waste disposal and fire safety system, while the quality of such public facilities and services should not be lower than the quality of services provided any other international organization or diplomatic mission, and they should be provided on acceptable terms. In the event of any termination or threat of termination of the provision of certain communal amenities and services, the Republic of Kazakhstan will consider the needs of the Bank's Permanent Representative Office as no less important than the needs of those international organizations or diplomatic missions operating in the territory of the Republic of Kazakhstan, and will take all necessary measures to ensure that the activities and operations of the Bank are not damage has been caused. Section 10.02 In cases where electricity, gas, water and communications services; and other public facilities and/or government services are provided by the Republic of Kazakhstan or bodies controlled by the Republic of Kazakhstan, payment for such public facilities and/or government services is charged to the Bank at rates that are no less favorable than the rates applied to other international organizations or diplomatic missions in the Republic of Kazakhstan. Section 10.03 The Republic of Kazakhstan or the relevant authorized body shall assist the Permanent Mission of the Bank in purchasing gasoline or other fuels and oils for motor vehicles and other means of transport required by the Bank for official use (including for use by Bank employees), in those volumes and at those prices that generally apply to other international organizations. organizations or diplomatic missions in the Republic of Kazakhstan. Section 10.04 The Republic of Kazakhstan shall assist the Bank in obtaining the services necessary to maintain the premises of the Bank's Permanent Representative Office in a condition suitable for the effective performance of the functions of the Bank's Permanent Representative Office. The Bank pays all expenses related to such services.
Article 11. Exemption from taxation
Section 11.01 The Bank, its assets and property, income, transactions, transactions and profits are exempt from direct taxation (including, but not limited to, income tax, income tax/corporation tax, capital gains tax and/or income tax in the form of interest or dividends) and/or any other fees and deductions. Section 11.02 In case of purchase of goods and/or services or their use by the Bank for carrying out or in the course of carrying out its official activities, the Bank is exempt from paying taxes and duties. If the cost of such purchases and/or services includes taxes and/or duties, where they can be allocated, the Republic of Kazakhstan will take appropriate measures to provide an exemption from such taxes and/or duties or ensure their immediate refund. Section 11.03 Goods imported by the Bank into the Republic of Kazakhstan and necessary for carrying out its official activities are imported on behalf of the Bank and are exempt from all import duties, taxes and fees, as well as from all import prohibitions and restrictions. Goods exported by the Bank from the Republic of Kazakhstan and necessary for carrying out its official activities are exempt from all export duties, taxes and fees, as well as from all export prohibitions and restrictions. Section 11.04 Goods and services provided by the Bank in the Republic of Kazakhstan in carrying out official activities are not subject to any type of taxes (including tax value added tax), duties and/or fees. Section 11.05 For the avoidance of doubt, exemption from taxes, duties and/or fees, in accordance with the provisions of Article 11 of this Agreement and Article 53 of the Agreement on the Establishment of the Bank, applies to all official activities of the Bank, including all transactions carried out by the Bank in the territory of the Republic of Kazakhstan, starting from July 15, 1992.
Article 12. Financial activities
Regardless of financial control measures, regulations or moratoriums of any kind that may take place or are being introduced at any time, the Bank, in accordance with the provisions of the Agreement Establishing the Bank in the Republic of Kazakhstan, has the right freely to: (a) buy, own and dispose of any funds, currency, financial instruments and securities, maintain accounts in any currency, participate in financial transactions and conclude financial agreements; (b) transfer its funds, currency, financial instruments, and securities to or from the Republic of Kazakhstan, from any other country, or to any other country, or within the Republic of Kazakhstan, and convert any currency it holds into any other currency; and/or (c) borrow and lend money in the national currency of the Republic of Kazakhstan and issue bonds and other securities denominated in the national currency of the Republic of Kazakhstan.
Article 13. Freedom of meetings and discussions
Section 13.01 The Bank has the right to convene meetings (including any international conferences or other meetings organized and/or convened by the Bank) and meetings of any commission, committee or subgroup within the framework of any such meeting at the premises of the Bank's Permanent Representative Office and other places in the territory of the Republic of Kazakhstan. Section 13.02 The Republic of Kazakhstan or the relevant authorized body guarantees that there will be no obstacles to full freedom of discussion and decision-making during meetings convened by the Bank.
Article 14. Transport and communications
Section 14.01 All incoming and outgoing official communications of the Bank's Permanent Representative Office, in whatever way and in whatever form they are transmitted, are immune from censorship and any other forms of interception or interference. Section 14.02 The Bank has the right to use codes in the Republic of Kazakhstan, send and receive correspondence and other messages either by courier or in sealed bags, which are subject to the same privileges, exclusions and immunities that are granted to diplomatic couriers and diplomatic mail. Section 14.03 The Bank and its employees receive access to the relevant communication networks and equipment of the Republic of Kazakhstan, as well as the right to use their own communication equipment, including satellite, mobile and/or other communications equipment in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of communications. Section 14.04 The Bank may, in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of communications, establish and use in the Republic of Kazakhstan means of directional communication and other means of receiving and transmitting messages that may be required to ensure communication with the Permanent Representative Office of the Bank both within and outside the Republic of Kazakhstan. Section 14.05 The use of radio communications facilities may be carried out in accordance with the legislation of the Republic of Kazakhstan and the provisions of the International Telecommunication Union to the extent that they do not contradict or infringe on the provisions of this Agreement. At the request of the Bank, the competent authorities of the Republic of Kazakhstan provide frequencies in accordance with the legislation of the Republic of Kazakhstan, on which the radio transmitters of the Bank's Permanent Representative Office will operate. Section 14.06 Regarding official means of communication (including, but not limited to, postal correspondence, e-mail and electronic correspondence, telegrams, telexes, radiograms, telefax, telephone, press releases, Internet resources and other means of communication) Through the use of any funds under the control of the Republic of Kazakhstan, the Republic of Kazakhstan ensures that the Bank is subject to the same rates as any other international organizations or diplomatic missions in the Republic of Kazakhstan. Section 14.07 The Republic of Kazakhstan will ensure that the Bank and/or its employees are provided with the same rates and treatment that can be provided to any other international organizations or diplomatic missions in the Republic of Kazakhstan in relation to the use of vehicles.
Article 15. Travel and accommodation
The Republic of Kazakhstan or the relevant authorized body shall take all necessary measures to ensure the unhindered entry, residence and exit from the Republic of Kazakhstan of the following categories of persons entering the Republic of Kazakhstan on official business: (a) members of the Board of Governors of the Bank, their deputies, advisers and other members of their official delegations, as well as their spouses; (b) Bank employees and their dependents. The procedure for entry, exit, residence, movement, transit, extension or reduction of the period of stay in the territory of the Republic of Kazakhstan of persons specified in subparagraphs (a) and (b) of this Article, as well as the issuance of visas to such persons is regulated by the legislation of the Republic of Kazakhstan, unless otherwise provided by the Agreement on the Establishment of the Bank.
Article 16. Freedom of the Bank's operations from restrictions
Section 16.01 Subject to the provisions of the Agreement on the Establishment of the Bank, the Bank may freely carry out all types of activities within the territory of the Republic of Kazakhstan. Section 16.02 Purchases under any contracts for the supply of goods, performance of works and /or provision of services for organizations of the public, including regional and/or urban, and/or private sectors, which are fully or partially financed by the Bank, must be carried out strictly in accordance with the principles and rules of procurement of goods and services of the Bank, taking into account periodically the changes being made to them. Section 16.03 The Bank does not use competitive procedures to select public (including regional and/or urban) and/or private sector organizations that are able to receive services and/or financing from the EBRD.
Article 17. Privileges and immunities related to the Bank's employees, dependents and members of their household staff
Section 17.01 In addition to the immunities, privileges and exemptions granted to the Bank's employees in accordance with Chapter VIII of the Agreement on the Establishment of the Bank, the Bank's employees enjoy the following immunities, privileges and exemptions in the Republic of Kazakhstan: (a) considering that the Bank has its own pension plans and health insurance systems for its employees in accordance with the principles and standards approved by its Board of Directors, The Bank's employees are exempt from participating in any social security systems and/or state pension funds operating or being introduced at one time or another in the Republic of Kazakhstan. At the same time, the Bank's employees may decide to participate in the social security and/or state insurance systems of the Republic of Kazakhstan on the terms permitted by the national legislation of the Republic of Kazakhstan, on a voluntary basis and at their own expense. In any case, the Bank is not responsible for the payment or collection of any social security contributions in the Republic of Kazakhstan with respect to any of the Bank's employees; (b) the Bank's employees are exempt from currency restrictions in a manner and part no less favorable than that provided to officials of diplomatic missions of comparable rank, with the exception of those employees of the Bank who are citizens of the Republic of Kazakhstan; (c) Bank employees are provided with the same repatriation opportunities, together with their dependents and members of the household staff, during international crises that are provided to diplomatic representatives. The provisions of this paragraph do not apply to persons, employees of the Bank, who are citizens of the Republic of Kazakhstan.; (d) employees of the Bank who are seconded to the Permanent Mission of the Bank are granted the right to import without payment of customs duties, taxes and fees, as well as prohibition and restrictions on the import of their furniture, appliances, personal belongings, including things necessary for housing, and vehicles, with the exception of items prohibited for import and/or export by the current legislation of the Republic of Kazakhstan. The provisions of this section do not apply to citizens of the Republic of Kazakhstan. Section 17.02 Dependents of the Bank's employees seconded to the Bank's Permanent Representative Office are given the opportunity to work in the Republic of Kazakhstan, while the Republic of Kazakhstan or the relevant authorized body will provide all necessary permits and documents required for this purpose in accordance with the legislation of the Republic of Kazakhstan. Section 17.03 The Head of the Mission, the Deputy Head of the Mission and their dependents in the territory of the Republic of Kazakhstan are granted the status, rights, immunities, privileges and benefits equivalent to those granted to diplomatic missions and diplomatic agents of comparable rank accredited in the Republic of Kazakhstan, as well as their dependents, in accordance with the Vienna Convention on Diplomatic Relations 1961 provided that these status, rights, immunities, privileges and benefits do not detract from or invalidate the status, rights, immunities, privileges and benefits granted to them under the Agreement on the Establishment of the Bank. The provisions of this section do not apply to citizens of the Republic of Kazakhstan. Section 17.04 The Republic of Kazakhstan issues relevant registration cards to the Head of the Representative Office and the Deputy Head of the Representative Office and their spouses, as well as to all employees of the Bank assigned to the Permanent Representative Offices of the Bank who are not citizens of the Republic of Kazakhstan and/or persons permanently residing in the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan. Such registration cards confirm and certify the immunities, privileges and benefits granted to the Bank's employees in accordance with the terms of the Agreement on the Establishment of the Bank, this Agreement and other current or future agreement between the Parties, any international convention and the national legislative act of the Republic of Kazakhstan. In any case, the Republic of Kazakhstan will not apply any conditions to the Head of the Mission and the Deputy Head of the Mission that are less favorable than those provided to diplomatic representatives of comparable rank in accordance with the Vienna Convention on Diplomatic Relations of 1961. Section 17.05 The privileges, immunities, exemptions and benefits provided for in this Agreement are provided for the benefit of the Bank and not for the personal benefit of individuals. The Bank has the right and is obliged to revoke the immunity granted to any employee of the Bank if, in the opinion of the Bank, such immunity would impede the course of justice and the waiver of immunity would not prejudice the purposes for which these immunities were granted.
Article 18. Addresses
For the purposes of correspondence related to this Agreement, the following addresses and contact phone numbers are used, unless the relevant Party specifies otherwise in writing: Ministry of Finance of the Republic of Kazakhstan 010000, Astana, Pobedy Avenue, 11 Telephones: +7 (7172) 71 77 64, 71 77 65 Fax: +7(7172)71 77 85
European Bank for Reconstruction and Development One Exchange Square EC2A 2JN London United Kingdom - United Kingdom Addressee: General Secretariat
Phone: +44(0)207 338 6000 Fax: +44(0)207 338 6488 Addressee: Legal Department Phone: +44(0)207 338 6000 Fax:+44(0)207 338 6150
Article 19. Final provisions, entry into force and termination of the Agreement
Section 19.01 This Agreement shall enter into force from the date of receipt by the Bank through diplomatic channels of a written notification from the Republic of Kazakhstan on the completion of internal procedures necessary for its entry into force. Section 19.02 The Republic of Kazakhstan or the relevant authorized body shall take all necessary measures to facilitate the implementation of the provisions of this Agreement and issue all certificates that may be necessary to confirm the status, immunities, privileges and exclusions of the Bank and its employees in the Republic of Kazakhstan. Section 19.03 By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in the form of separate protocols, and enter into force in accordance with the procedure provided for in Section 19.01. Section 19.04 The Republic of Kazakhstan and the Bank instruct, respectively, the appropriate Ministry and the Permanent Mission of the Bank to coordinate activities for the selection, preparation and implementation of programs and projects A bank in the public sector. Section 19.05 This Agreement may be terminated: (i) if the Republic of Kazakhstan is no longer a member State of the Bank; (ii) by mutual agreement of the Parties; or (iii) by sending a written notification through diplomatic channels to either Party to the other Party. This Agreement shall terminate six (6) months after receipt of such notification. Section 19.06 Termination of this Agreement does not affect the progress of the Parties in implementing those projects and programs of the Bank in the Republic of Kazakhstan that were not completed at the time of termination of the Agreement, unless the Parties have agreed otherwise in writing. In addition, the termination of this Agreement does not affect the status, rights, immunities, privileges and exemptions granted to the Bank and/or its employees under the Agreement on the Establishment of the Bank. Section 19.07 The obligations assumed by the Republic of Kazakhstan remain in force after the termination of this Agreement to the extent necessary for the organized departure of the Bank's employees, the removal of property and assets of the Bank and its employees from the territory of the Republic of Kazakhstan by virtue of this Agreement.
Article 20. Dispute settlement
Section 20.1 The Parties shall endeavour to resolve any disputes or disagreements between them arising out of or in connection with this Agreement by entering into a settlement agreement. To this end, at the initiative of either Party, the other Party shall immediately meet with the initiating Party to discuss disputes and disagreements and, if requested by the initiating Party in writing, shall respond in writing to any written statement made by the initiating party regarding any such disputes and disagreements. Section 20.2 If any disputes, disagreements or related claims cannot be resolved amicably, as provided for in Section 20.1, within one hundred and twenty (120) days from the date of the request for a meeting, as specified in Section 20.1, or for a longer period as agreed by the Parties, Such disputes shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in force as of the date of this Agreement, subject to the following: (a) three (3) arbitrators shall be appointed; (b) for the purposes of the UNCITRAL Arbitration Rules, the appointing authority is the Secretary General of the Permanent Court of Arbitration; (c) if an arbitrator is appointed by the Secretary General of the Permanent Court of Arbitration, the Secretary General may select any person he deems appropriate to perform these functions, in accordance with articles 7.2 and/or 7.3 of the UNCITRAL Arbitration Rules; (d) The place of arbitration is The Hague; (e) the arbitration proceedings are conducted in English; (f) the law applied by the arbitral tribunal is public international law, the sources of which for this purpose include: (A) the Agreement establishing the Bank and any relevant contractual obligations binding on the Parties, (B) the provisions of international conventions and treaties (whether or not directly binding on the parties), generally recognized as codified binding norms of customary law, applicable, depending on the circumstances, to States and international financial institutions, or established as such norms, (C) other forms of international custom, including the practice of States and international financial institutions, that have the universality, consistency and duration necessary to create legal obligations, and (D) applicable general principles of law; (g) regardless of the provisions of the UNCITRAL Arbitration Rules, the arbitral tribunal is not authorized to take any interim measures of protection or enforcement measures against the Bank pending the issuance of an arbitration ruling against the Parties, and neither Party has the right to apply to any judicial authority to take any action against the Bank. interim measures of protection or measures to secure a claim pending the issuance of an arbitration ruling; (H) The arbitral tribunal is authorized to consider and include in any proceeding, ruling or award any disputes or disagreements duly submitted to it by the Bank or the Republic of Kazakhstan, to the extent that such disputes or disagreements arise under this Agreement, however, no other parties or disputes are included in the arbitration proceedings. and it does not unite with any other parties or disputes.
Article 21. Interpretation
Section 21.01 of this Agreement is interpreted in the light of the main objective - to enable the Bank to fully and effectively perform its duties in the Republic of Kazakhstan and perform its tasks and functions. Section 21.02 This Agreement confirms and supplements certain provisions of the Agreement on the Establishment of the Bank and the Framework Agreement on Technical Assistance and Cooperation and cannot be considered as a waiver, renunciation, modification or partial cancellation of the provisions of the Agreement on the Establishment of the Bank, in particular Chapter VIII of this Agreement and/or the Framework Agreement on Technical Assistance and Cooperation.
Done in Istanbul on May 11, 2013, in two (2) copies, each in Kazakh, English and Russian, one copy for each of the Parties. In case of discrepancies between the texts in these three languages, the English text shall prevail.
For the Republic of Kazakhstan For the European Bank for Reconstruction and Development
RCPI's note! The following is the text of the Agreement in English.
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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