On the ratification of the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on the Legal Status of Officials and Employees of the Executive Committee of the Interstate Council of the States Parties to the Treaty on the Creation of a Single Economic Space
The Law of the Republic of Kazakhstan dated July 13, 1999 No. 418-1.
To ratify the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on the legal Status of officials and Employees of the Executive Committee of the Interstate Council of the States Parties to the Treaty on the Establishment of the Single Economic Space, signed in Cholpon Ata on July 17, 1998.
President
Republic of Kazakhstan
Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on the legal status of officials and employees of the Executive Committee The Interstate Council of the States Parties to the Treaty on the Creation of a Single Economic Space
The States parties to the Agreement on the Establishment of a Single Economic Space between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan dated April 30, 1994,
in order to create international legal guarantees for the unhindered and independent exercise of official activities by officials and employees of the Executive Committee;
guided by generally accepted principles and norms of international law;
have agreed on the following:
Article 1
For the purposes of this Agreement, the following terms have the following meaning::
"participating States" - the States parties to the Agreement on the Creation of a Single Economic Space between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan;
The Executive Committee is a permanent working body of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan, which is an international organization.;
"Chairman of the Executive Committee" - the person who heads the Executive Committee;
"Executive Committee officials" - Chairman of the Executive Committee, Authorized Representatives of the Participating States to the Executive Committee, Permanent Representative of the Council of Ministers of Defense and the Council of Ministers of Foreign Affairs of the Participating States to the Executive Committee, Official representatives of the Executive Committee in the participating States and other countries, as well as persons sent by the participating States on a quota basis;
"Executive Committee staff" - persons contracted to work for the Executive Committee, with the exception of technical and maintenance personnel;
"Family members" - spouse and minor children and dependents of Executive Committee officials in the Executive Committee's host State;
"Host State" means the State in whose territory the seat of the Executive Committee and its representative office is determined.
Article 2
Officials and employees of the Executive Committee enjoying privileges and immunities in accordance with this Agreement shall respect the sovereignty and legislation of the host State and other participating States, and undertake not to commit acts detrimental to their legitimate interests.
Article 3
The privileges and immunities provided for in this Agreement are granted to Executive Committee officials and employees not for personal gain, but for the effective and independent performance of their official functions.
The Chairman of the Executive Committee not only has the right, but is also obliged to waive the immunity granted to officials and employees of the Executive Committee (with the exception of Authorized Representatives) in cases where immunity impedes the administration of justice and, in his opinion, immunity can be waived without prejudice to the interests of the Executive Committee.
Article 4
Officials and employees of the Executive Committee have the status of international civil servants and, in the performance of their official duties, are independent of the bodies and officials of the participating States.
Officials and employees of the Executive Committee may not combine their work in the Executive Committee with other permanent paid work or engage in activities incompatible with the performance of their official duties, with the exception of creative and scientific-pedagogical activities.
Officials and employees of the Executive Committee may not engage in political activities. They cannot use their official position in the interests of political parties and public associations.
Article 5
1. Officials of the Executive Committee in the territory of the receiving State or in the performance of their official duties while staying in other Participating States shall enjoy the following privileges and immunities:
a) inviolability of the person and their living quarters, protection from inspection, search and arrest;
(b) Immunity from the criminal, civil and administrative jurisdiction of the participating States in respect of all acts committed by them in the performance of their official duties;
c) inviolability of correspondence and documents;
d) the right of free movement on the territory of the participating States, subject to the rules on closed zones established in those States;
e) ciphers, courier and other special types of communication that ensure the confidentiality of information transmission;
(e) Repatriation benefits during international crises;
They are also released:
g) restrictions on entry into the receiving State, registration as foreigners and obtaining a residence permit;
h) from customs duties, taxes and charges on furniture, household items and other personal property upon initial occupation of a position in the Executive Committee, as well as upon export of said property from the host state after termination of service in the Executive Committee;
i) from taxation of wages and any other remuneration paid by the Executive Committee;
j) from state official duties.
2. The officials of the Executive Committee (with the exception of the Chairman, who are citizens of the host country) are subject only to the privileges and immunities specified in paragraphs "b", "c", "d" and "e" of paragraph 1 of this article.
3. The staff of the Executive Committee shall enjoy only immunity from jurisdiction and inviolability in respect of official acts performed by them in the performance of their official functions.
4. The privileges referred to in paragraphs "e", "g", "h" and "k" of paragraph 1 of this article are enjoyed by family members of officials and employees of the Executive Committee living with them, if they are not citizens of the receiving State or do not permanently reside there.
Article 6
In the territory of the host State and in the performance of official duties while staying in the territory of other participating States, officials and employees of the Executive Committee shall use the Executive Committee's official identification cards.
The certificates specified in the first part of this article shall be recognized by the authorities of the Participating States as documents certifying the status of these persons, as well as confirming the rights of these persons to the privileges and immunities established by this Agreement.
At the same time, these documents serve as the basis for admission to the buildings of state bodies, institutions, and enterprises of the participating States, taking into account the access rules in force in them.
Article 7
Officials and employees of the Executive Committee, as well as members of their families, who are entitled to privileges and immunities under this Agreement, shall enjoy them from the moment they cross the customs border of the receiving State or, if they are already in that State, from the moment they are given official powers.
When traveling through the territory of a State Party, regardless of whether the above-mentioned persons and their family members are traveling to their destination or returning to their State, that State Party shall grant them the privileges and immunities provided for in this Agreement.
Article 8
In the event of termination of the activities of officials and employees of the Executive Committee who are not citizens of the receiving State, the privileges and immunities granted to them cease to apply from the moment they leave the territory of the receiving State, and for citizens of the receiving State - from the moment of their dismissal.
Immunity in respect of actions committed by officials and employees of the Executive Committee in the performance of their official duties remains valid even after their termination of service in the Executive Committee.
Article 9
Executive Committee officials assigned to the Executive Committee, as well as their family members, continue to be among the staff of the State services of the sending State, while maintaining the benefits provided to them at their former place of service. Upon completion of their work in the Executive Committee, they are placed at the disposal of the relevant government agencies of the sending States, with the right to occupy the previous or equivalent position.
In the event of the abolition, reorganization, or change of location of the Executive Committee, the dismissed officials and employees are paid severance pay in accordance with the legislation of the host State.
Article 10
The time spent working in the Executive Committee is counted by officials and employees of the Executive Committee in the length of service as civil servants of the State of which they are citizens.
Labor disputes that arose prior to the entry into force of this Agreement with respect to officials and employees of the Executive Committee may be regulated by this Agreement.
The time of permanent residence in the territory of the State of residence of the spouses (who are not citizens of this State) of the Executive Committee officials is counted in their total work experience.
Article 11
Officials and employees of the Executive Committee who are not citizens of the host State, while staying on its territory, enjoy the corresponding rights of citizens of the host State to pay for utilities and household services, hotel and transport services.
Article 12
Contributions for compulsory social and medical insurance for officials and employees of the Executive Committee (except for contributions to pension funds and employment funds for officials and employees of the Executive Committee who are not citizens of the host State) are paid by the Executive Committee to the funds of the host State in accordance with its legislation.
Payments from these funds to the above-mentioned persons during their work in the Executive Committee are made by the Executive Committee in accordance with the procedure and under the conditions established by law for civil servants of the host State.
Article 13
For officials and employees of the Executive Committee who are not citizens of the host State, the Executive Committee makes mandatory contributions to pension funds and employment funds of the States of which they are citizens. In this regard, the participating States conclude appropriate interagency agreements defining the mechanism for the allocation and use of these funds.
Old-age, disability, and survivor's pensions are awarded and paid to officials and employees of the Executive Committee (or their family members) by the participating States of which they are citizens, in accordance with the procedure and on the terms determined by the current legislation for civil servants of these States.
The salaries received by Executive Committee officials and employees during their work in the Executive Committee are taken into account when determining the amount of the pension in accordance with the laws of the States of which they are citizens.
Article 14
Officials and employees of the Executive Committee who are not citizens of the host State retain the right to receive medical care in the medical institutions to which they were assigned before taking up positions on the Executive Committee, both during their work and after retirement.
Officials and employees of the Executive Committee who are citizens of the host State retain the right to medical care in the medical institutions to which they were assigned during their work on the Executive Committee and after their retirement.
Article 15
This Agreement shall enter into force from the date of its signature, and for the participating States, whose legislation requires the implementation of internal procedures necessary for its entry into force, from the date of delivery of the relevant documents to the depositary.
Article 16
This Agreement is concluded for the duration of the Agreement on the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan and its Institutions, adopted in Almaty on February 10, 1995.
Article 17
Amendments and additions may be made to this Agreement by mutual agreement.
Amendments and additions are formalized by protocols, which are an integral part of this Agreement.
Article 18
Disputes related to the application or interpretation of this Agreement are resolved through consultations and negotiations.
Done in Cholpon-Ata on July 17, 1998, in one original copy in the Russian language.
The original copy is in the Executive Committee of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan, which sends a certified copy to each participating State.
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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