On the ratification of the Agreement between the Republic of Kazakhstan and the United States of America on placing Persons at the Disposal of the International Criminal Court

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Law of the Republic of Kazakhstan dated October 4, 2004 No. 598

To ratify the Agreement between the Republic of Kazakhstan and the United States of America on Placing Persons at the Disposal of the International Criminal Court, signed in New York on September 22, 2003.

President of the Republic of Kazakhstan

Agreement between the Republic of Kazakhstan and the United States of America on placing individuals at the Disposal of the International Criminal Court

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on 07.10.2004)

The Republic of Kazakhstan and the United States of America, hereinafter referred to as the "Parties", Affirming the importance of bringing to justice those who commit genocide, crimes against humanity and war crimes, Whereas the United States of America has expressed its intention to investigate and criminalize, where appropriate, acts subject to the jurisdiction of the International Criminal Court allegedly committed by its officials, employees, military personnel or other citizens; Have agreed on the following:

1. For the purposes of this Agreement, the definition of a "person" of either Party means all citizens and current or former military personnel of that Party.

2. Persons of one Party located in the territory of the other Party may not, without the written consent of the first Party, be: (a) placed at the disposal or transferred in any way to the International Criminal Court for any purpose, or (b) placed at the disposal or transferred in any way to any other organization or third country, or expelled to any third country, with for the purpose of making available or transferring to the International Criminal Court.

3. When the Republic of Kazakhstan issues, places at the disposal or otherwise transfers a person of the United States of America to any third country, the Republic of Kazakhstan will not consent to place at the disposal or transfer of this person to the International Criminal Court by a third country without the written consent of the United States of America.

4. When the United States of America extradites, places at the disposal or otherwise transfers a person of the Republic of Kazakhstan to any third country, the United States of America will not consent to place at the disposal or transfer of this person to the International Criminal Court by a third country without the written consent of the Republic of Kazakhstan.

5. Amendments and additions may be made to this Agreement by mutual written consent of the Parties.

6. Any disputes and disagreements in the application or interpretation of the provisions of this Agreement are resolved through consultations between the Parties, and in their settlement the Parties do not refer to any third Party or the International Court of Justice.

7. This Agreement shall enter into force upon the exchange of written notifications on the completion by the Parties of the internal procedures necessary for its entry into force.

8. This Agreement may be terminated by either Party by sending a corresponding written notification. In this case, this Agreement shall terminate one year after the date of such written notification. The provisions of this Agreement shall continue to apply to any act that occurred or any suggestion made prior to the actual date of termination.

9. Done in New York City on September 22, 2003, in two originals, each in English and Russian, both texts being equally authentic. A text in Kazakh will be prepared, which will be recognized as equally valid, which will be confirmed through the exchange of diplomatic notes confirming its compliance with the English text.

For the Republic For the United States Kazakhstan America

I hereby certify the accuracy of this copy of the original Agreement between the Republic of Kazakhstan and the United States of America on Placing Persons at the Disposal of the International Criminal Court, concluded in New York City on September 22, 2003.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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