On the ratification of the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on Mutual Legal Assistance in Civil Matters

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The Law of the Republic of Kazakhstan dated June 30, 2020 No. 353-VI SAM.

To ratify the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on Mutual Legal Assistance in Civil Matters, signed in Nur-Sultan on July 12, 2019.

President Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Republic of Kazakhstan and the Islamic Republic of Iran on Mutual Legal Assistance in Civil Matters

The Republic of Kazakhstan and the Islamic Republic of Iran (hereinafter referred to separately as the "Party" or collectively as the "Parties"),

GUIDED BY the common desire to strengthen mutual legal assistance in civil matters between the Parties;

BASED ON mutual respect for sovereignty and non-interference in each other's internal affairs, as well as equality and mutual benefit;

have agreed on the following:

Article 1 Scope of mutual legal assistance

1. In accordance with the provisions of this Agreement, the Parties shall provide each other with the following mutual legal assistance in civil matters:

a) delivery of documents;

(b) Collection and transmission of evidence;

(d) Recognition and enforcement of legal acts and arbitral awards;

(e) Exchange of legal information and materials;

(f) Any other forms of legal assistance provided for by the national legislation of the Requested Party.

2. Unless otherwise provided, the term "civil matters" in this Agreement includes civil, marital and family, business, commercial and labor matters.

Article 2 Central authorities and communication channels

1. Within the framework of this Agreement, the following central authorities of the Parties shall cooperate, including in sending and executing requests for legal assistance through diplomatic channels:

for the Republic of Kazakhstan - in terms of requests coming from courts, as well as petitions for recognition and enforcement of judicial acts - the Supreme Court of the Republic of Kazakhstan; in terms of other petitions coming from other institutions, as well as notaries and lawyers - the Ministry of Justice of the Republic of Kazakhstan,

for the Islamic Republic of Iran - the Ministry of Justice of the Islamic Republic of Iran.

2. The Parties shall immediately inform each other through diplomatic channels about changes in their central bodies.

3. In emergency situations, a copy of the request may be sent directly to the central authorities of the Parties through appropriate communication channels, and the original request must be sent through diplomatic channels.

4. The term "competent authorities" in this Agreement means the court and other authorities competent to consider civil cases in accordance with their national legislation.

Article 3 Language

1. The language of interaction between the central authorities of the Parties is English.

2. The request for mutual legal assistance and any document attached to it in accordance with this Agreement shall be sent in the language of the requesting Party and accompanied by a duly certified translation into the official language of the requested Party or in English.

Article 4 Legal protection

1. Citizens of one Party shall enjoy in the territory of the other Party the right to the same legal protection of personal and property rights as citizens of the other Party. They have the right to appeal to the court and other competent authorities of the other Party having jurisdiction in civil matters, on the same terms as their citizens.

2. Neither Side allows, without valid reasons, any delay in a trial involving citizens of the other Side.

3. The provisions of paragraphs 1 and 2 of this Article shall also apply to legal entities and other organizations established in the territory of any Party in accordance with its national legislation.

Article 5 Request for mutual legal assistance

1. A request for mutual legal assistance shall be made in writing, signed in two (2) copies, certified by the competent authority of the requesting Party and contain the following information:

a) the date and number of the request;

b) the name, address and other contact information of the requesting Party, including the telephone and fax numbers, as well as the e-mail address (if available);

c) name, address and other contact information of the requested Party (if available);

d) the full name, patronymic, gender, nationality, occupation, place of birth and address of the relevant persons or the full name and address of their representatives (if any); the name and address of the institution or organization relevant to the request or the plaintiff, by the accused convicted;

(e) The subject of the request, a description of the case, and other information related to the request for mutual legal assistance;

f) the time frame within which the request is expected to be completed;

(g) The obligation to pay the expenses provided for in article 10 of this Agreement;

h) any other information necessary to provide assistance.

2. The requested Party may request additional clarifications if the information provided in the request for mutual legal assistance is insufficient for its execution.

Article 6 Execution of a request for mutual legal assistance

1. The requested Party shall execute a request for mutual legal assistance in accordance with its national legislation.

2. The requested Party shall execute a request for mutual legal assistance in a special manner requested by the requesting Party, if such execution complies with the national legislation of the requested Party.

3. A request for mutual legal assistance is executed promptly in accordance with the national legislation of the requested Party and in a manner determined by the requesting Party. The requested Party shall immediately inform the requesting Party of the date and place of execution of the request for mutual legal assistance.

Article 7 Refusal or postponement of a request for mutual legal assistance

1. If the requested Party considers that the execution of a request for mutual legal assistance may prejudice its sovereignty, security, public order or the basic principles of national legislation, or the requested assistance does not fall within the competence of its competent authorities, it may refuse to provide mutual legal assistance. The requested Party shall notify the requesting Party of the reasons for the refusal within thirty (30) days from the date of receipt of the request.

2. The execution of a request for mutual legal assistance may be delayed if the requested Party considers that the immediate execution of the request may complicate the ongoing investigation or criminal prosecution in the territory of the requested Party. The requested Party shall notify the requesting Party of the reasons for the postponement within thirty (30) days from the date of receipt of the request.

Article 8 Summoning a witness and an expert

1. Through the communication channels provided for in Article 2 of this Agreement, the competent authorities of either Party may request the other Party to summon a witness and expert who are their nationals, if her/his presence is necessary.

2. The summons shall be sent to the requested Party no later than ninety (90) days prior to the date on which the person being called must appear at the competent authority of the requesting Party.

3. The summons specifies the conditions for the witness or expert's appearance, including obligations to protect the life and health of the witness and expert, to reimburse travel, food, accommodation and other expenses, and the terms and time of her/his payment.

4. The requested Party shall deliver the summons to the relevant person and notify the requesting Party of her/his consent or refusal.

Article 9 Protection of witnesses and experts

1. A witness or expert called in accordance with this Agreement shall not be subject to criminal prosecution, investigation, punishment, detention or other restrictions on personal freedom in the territory of the requesting Party for criminal acts or beliefs or for truthful testimony as an expert or witness prior to his departure from the territory of the requesting Party.

2. The protection referred to in paragraph 1 of this Article shall be terminated upon the expiration of fifteen (15) days from the date of the official notification to the competent authority of the requesting Party, the witness and (or) the expert that their presence is no longer required. This period does not include the time during which the witness or expert could not leave the territory of the requesting Party due to circumstances beyond his control.

Article 10 Costs of mutual legal assistance

1. The Parties shall provide each other with mutual legal assistance free of charge, with the exception of the costs of a witness or expert located in the territory of the other Party in accordance with Article 8 of this Agreement, including travel, food, accommodation and work as an expert, as well as wages for the period of his/her absence from work and advance payments.

2. The costs associated with requests for recognition and enforcement of legal acts and arbitral awards must correspond to the costs provided for by the national legislation of the requested Party for their citizens.

3. If the fulfillment of a request for mutual legal assistance requires unforeseen expenses, the Parties shall consult with each other in order to determine the conditions for the fulfillment of this request.

Article 11 Exemption from payment or reduction of legal costs and free legal assistance

1. Citizens of one Party are exempt from paying or have the right to a reduction in court costs and enjoy free legal aid in the territory of the other Party on the terms applied by the other Party to its citizens.

2. Exemption from payment or reduction of legal costs and free legal assistance are provided taking into account the financial situation of the applicant on the basis of her/his income statement issued by the relevant authority of the Party in whose territory the applicant has permanent or temporary residence.

3. Citizens of one Party may apply to the relevant authority of the Party in whose territory they have permanent or temporary residence in order to be exempt from paying or reducing court costs and to receive free legal aid provided for in paragraph 2 of this Article.

4. The relevant authority responsible for making a decision on exemption from payment or reduction of court costs and provision of free legal aid may request additional information from the applicant or the relevant authorities that issued the certificate, if necessary.

5. The term "court costs" in this Agreement includes any court and other government payments in accordance with the national legislation of the Party at the location of the court.

Article 12 Transfer of documents, objects, property and income

In order to implement this Agreement, the transfer of documents, items, property and income from/to the territory/territory of either Party is carried out in accordance with the national legislation of the transferring Party.

Article 13 Exchange of legal information and materials

1. Upon request, the Parties shall exchange legal information and materials related to the enforcement and judicial procedures for the implementation of this Agreement.

2. The request for legal information and materials contains the name and title of the competent requesting authority and the purpose of using this information and materials.

Article 14 Transfer of civil status documents

1. Upon request, the Parties shall transmit to each other copies of legal acts or extracts from them and other necessary documents relating to the civil status of a citizen of the requesting Party for use only for the purposes specified in the request.

2. The documents referred to in paragraph 1 of this article shall be transmitted through the communication channels provided for in Article 2 of this Agreement.

Article 15 Exemption from legalization

In order to implement this Agreement, documents that are produced or certified by courts or other competent authorities and transmitted through the communication channels provided for in Article 2 of this Agreement are exempt from the requirements for legalization.

Article 16 Execution of several requests for mutual legal assistance

1. If the requested Party receives more than one request for mutual legal assistance on the same subject, the requested Party independently decides which request to comply with first.

2. When deciding on the priority of a request, the requested Party shall take into account all relevant circumstances for execution, in particular:

(a) The date of receipt of the request;

(b) The nature of the requested request;

3. The requested Party shall inform the requesting Party of the decision taken.

Article 17 Request for delivery of documents

1. In accordance with this Agreement, the competent authorities of one Party request from the competent authorities of the other Party mutual legal assistance in the service of documents.

2. The requested Party shall execute a request for mutual legal assistance in the service of documents in accordance with its national legislation.

3. The requested Party shall send to the requesting Party a receipt or an extract/certificate confirming the delivery of the documents, or a description of the reasons preventing the full or partial execution of the request for mutual legal assistance. A copy of the receipt or extract/certificate may, if necessary, be sent by fax, e-mail or other means of communication before the original is sent by mail through the communication channels provided for in Article 2 of this Agreement.

4. The receipt or extract/certificate confirming the delivery of the documents must contain the name of the person who received the documents, the date, place and method of delivery, the signature and seal of the competent authority.

Article 18 Requests for the collection and transfer of evidence

Requests for the collection and transfer of evidence, in addition to the provisions of Article 5 of this Agreement, may include the following information:

1. Description of the requested evidence, such as:

a) statements by the Parties to the case and witness statements containing material and documentary evidence, expert examination or judicial decisions concerning the receipt of evidence;

b) questions to be answered by the interrogated person and a description of the civil case in which he/she is involved;

2. Special measures to be applied or special procedures to be followed when collecting evidence.

Article 19 Execution of a request for the collection and transfer of evidence

1. The requested Party shall comply with the request for the collection and transfer of evidence in a manner prescribed by the requesting Party that does not contradict its legislation.

2. The requested Party, through the communication channels provided for in Article 2 of this Agreement, shall notify the requesting Party in writing of the results of the execution of the request for the collection and transfer of evidence, or notify of the reasons preventing the full or partial execution of the request.

Article 20 Recognition and execution of legal acts

1. The Parties shall mutually recognize court decisions that have entered into legal force in civil, marital and family cases concerning civil status, inheritance and property cases in criminal or administrative cases that have been rendered by the competent authorities of the Parties, with the exception of the following cases:

(a) The competent authorities of the requested Party have already taken a decision on the same subject, which has entered into force.;

(b) The competent authorities of the requested Party have exclusive jurisdiction over the same subject in accordance with national legislation and the provisions of this Agreement.

2. This Agreement does not prevent the recognition and execution of legal acts in circumstances permitted by the national legislation of the requested Party.

Article 21 Conditions for the recognition and execution of legal acts

The judgments provided for in article 20 of this Agreement shall be recognized and enforced subject to the following conditions:

1. The case shall apply accordingly to the jurisdiction of the courts of either Party.;

2. In each case, the Parties to the dispute or their legal representatives are duly summoned or declared absent in accordance with the national legislation of the requesting Party.;

3. Judicial decisions have entered into force in accordance with the national legislation of the requesting Party.;

4. At the time of filing the application for recognition and enforcement:

(a) There were no judicial decisions that entered into force on the same subject in the requested Party, or

b) there were no judicial decisions of a third State recognized by the court of the requested Party, or

c) the court of the requested Party has not registered or scheduled a hearing in the same case;

5. The recognition and execution of legal acts and the consequences of the recognition and execution of such legal acts do not contradict the basic principles of national legislation, sovereignty, public order or other essential interests of the requested Party.

Article 22 Application for recognition and enforcement of legal acts

1. An application for recognition and enforcement of legal acts shall be sent through the central authorities or directly to the competent authority of the requested Party.

2. In addition to article 5 of this Agreement, the application for recognition and enforcement of legal acts contains the following documents:

a) a notarized or duly certified copy of a court decision that has entered into legal force;

b) confirmation of the enforcement of judicial acts and information on their entry into force;

c) documents confirming that the defendant was summoned to court; and if it is unclear from the legal acts themselves that she/he was officially summoned, documents confirming that the decision rendered by the court in the absence was accepted by the defendant;

(d) Other documents required by the national legislation of the requested Party.

Article 23 Procedures for the recognition and execution of legal acts

1. Procedures for the recognition and execution of legal acts shall be carried out in accordance with the national legislation of the requested Party.

2. The competent authorities of the requested Party shall not review the substance and content of the legal acts adopted for execution.

3. The competent authority of the requested Party shall postpone or terminate the recognition and enforcement of legal acts in respect of a subsequent request by the competent authority of the requesting Party.

Article 24 Consequences of recognition and execution of legal acts

Judicial decisions of one Party recognized for execution by the court of the other Party have the same legal force as judicial decisions of the other Party.

Article 25 Recognition and enforcement of arbitral awards

Each Party recognizes and enforces an arbitral award made in the territory of the other Party in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York on June 10, 1958, or in accordance with the national legislation of the requested Party, when the Convention is inapplicable.

Article 26 Compatibility with other international treaties

This Agreement, which does not affect the rights and obligations of the Parties arising from other international treaties to which the Party is a party, and does not prevent other forms of cooperation.

Article 27 Settlement of disputes

Any differences arising or related to the interpretation or application of this Agreement shall be resolved through friendly consultations between the central authorities of the Parties.

Article 28 Amendments

This Agreement may be amended at any time in the form of a written protocol between the Parties, enter into force and terminate in accordance with Article 30 of this Agreement.

Article 29 Consultations

The Parties may exchange views on the implementation of this Agreement in order to find applicable mechanisms through mutual cooperation.

Article 30 Entry into force and termination

1. This Agreement is subject to ratification in accordance with the national legislation of the Parties, is concluded for an indefinite period and enters into force on the thirtieth (30) day after the date of the exchange of instruments of ratification between the Parties through diplomatic channels.

2. This Agreement shall be terminated by either Party by sending a written notification of its intention to terminate it to the other Party through diplomatic channels. Such termination shall take effect six (6) months after the date of receipt of the notification.

3. Requests for mutual legal assistance received prior to the receipt of the notification shall be executed in accordance with this Agreement.

In witness whereof, the undersigned, duly authorized, have signed this Agreement, consisting of a preamble and 30 articles in two (2) copies in Kazakh, Persian and English in the city of ___________ _________, all texts are equal to authentic. In cases of dispute or disagreement in interpretation, the English text prevails.

Behind The Republic of Kazakhstan

Behind The Islamic Republic of Iran

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Islamic Republic of Iran on Mutual Legal Assistance in Civil Matters, signed in Nur Sultan on July 12, 2019, in Kazakh, Persian and English with the text in Russian.

Director of the Department of International Law and Cooperation of the Ministry of Justice of the Republic of Kazakhstan

M. Bereketov

President

Republic of Kazakhstan

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