On the ratification of the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan on the provision by the Government of Japan of a grant to the Government of the Republic of Kazakhstan for the implementation of the project "Improving medical care in the Semipalatinsk region"
Law of the Republic of Kazakhstan dated July 11, 2001 N 236-II
To ratify the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan on the provision by the Government of Japan of a grant to the Government of the Republic of Kazakhstan for the implementation of the project "Improving medical care in the Semipalatinsk region", made in Astana on January 26, 2001.
President of the Republic of Kazakhstan
Unofficial translation
January 26, 2001
Your Excellency,
I have the honor, taking into account the recent negotiations between representatives of the Government of Japan and the Government of the Republic of Kazakhstan on the expansion of Japanese economic cooperation in order to strengthen friendship and cooperation between the two countries, to propose on behalf of the Government of Japan the following:
1. In order to contribute to the implementation of the project to Improve medical care in the Semipalatinsk region (hereinafter referred to as the "Project") by the Government of the Republic of Kazakhstan, the Government of Japan will provide to the Government of the Republic of Kazakhstan, in accordance with Japanese law, a grant (hereinafter referred to as the "Grant") totaling six hundred forty-eight million Japanese yen (Y 648.000.000).
2. The grant will be available for use during the period from the date of entry into force of these agreements until March 31, 2001, unless the specified period is extended by an agreement between the authorized bodies of the two Governments.
3. (1) The grant will be used by the Government of the Republic of Kazakhstan exclusively for the purchase of products manufactured in Japan or the Republic of Kazakhstan, and to pay for the services of Japanese or Kazakh citizens mentioned below: (the term "citizens", wherever it occurs in the text of these agreements, means Japanese individuals or Japanese legal entities controlled by Japanese individuals, for Japanese citizens, and Kazakhstani individuals and legal entities for Kazakhstani citizens) (a) the equipment and installation services necessary for the execution of the Project; (b) vehicles and services for its purchase necessary for the implementation of the Project; and
To His Excellency Mr. Yerlan Idrisov, Minister of Foreign Affairs of the Republic of Kazakhstan
(c) the services necessary for the transportation of the products referred to in paragraphs (a) and (b) above to the Republic of Kazakhstan, as well as services for its transportation within the country; (2) Notwithstanding the above condition of subparagraph (1), the products and services referred to above in subparagraphs (1a), (1b) and (1a), (1b), (1b), respectively, produced and provided by citizens of third countries other than Japan or the Republic of Kazakhstan, may be purchased with Grant funds, if the Governments of the two countries mutually agree that this is necessary.
4. The Government of the Republic of Kazakhstan or its authorized body will conclude contracts in Japanese yen with Japanese citizens for the purchase of products and payment for services specified in clause 3. The Government of Japan will certify the contracts for compliance with the terms of the Grant.
5. (1) The Government of Japan will provide a Grant by making payments in Japanese yen to cover the obligations of the Government of the Republic of Kazakhstan or its authorized body under contracts certified in accordance with clause 4 (hereinafter referred to as "Certified Contracts") to an account opened on behalf of the Government of the Republic of Kazakhstan in any Japanese bank (here and hereinafter referred to as the "Bank"), authorized by the Government of the Republic of Kazakhstan or its authorized body. (2) Payments conforming to subparagraph (1) will be made subject to the Bank's requirements submitted to the Government of Japan, notifying the Government of the Republic of Kazakhstan or its authorized body to pay them. (3) The sole purpose of a bank account conforming to subparagraph (1) is to receive payments from the Government of Japan in Japanese yen and to make settlements with Japanese citizens participating in Certified Contracts. The procedural details of the receipt/expense on the account will be agreed upon through consultations between the Bank and the Government of the Republic of Kazakhstan or its authorized body.
6. (1) The Government of the Republic of Kazakhstan will take the following necessary measures: (a) to ensure timely passage of customs procedures and internal transportation of products purchased in accordance with the Grant in Kazakhstan; (b) to exempt Japanese citizens from customs duties, internal taxes and other fiscal payments that may be imposed in the Republic of Kazakhstan, in relation to the supply of products and services in accordance with the Grant; (c) to provide Japanese citizens, whose services may be required in connection with the supply of products and payment for Services under Certified Contracts, with the facilities necessary for their entry and stay related to the performance of work in the Republic of Kazakhstan; (d) to ensure the proper and effective maintenance and use of products purchased under the Grant for the implementation of the Project; and (e) to pay for all expenses not included in the list covered by the Grant, necessary for its implementation. (2) With regard to maritime transportation and marine insurance of products purchased under a Grant, the Government of the Republic of Kazakhstan will refrain from any restrictions that may hinder fair and free competition among maritime transport and insurance companies. (3) Products purchased under the Grant will not be re-exported from the Republic of Kazakhstan.
7. The two Governments will consult each other on any issues that may arise from or be related to these agreements.
I also have the honor to suggest that this Note and the reply Note from Your Excellency on behalf of the Government of the Republic of Kazakhstan confirming the above-mentioned agreements will be considered equivalent to the signing of an Agreement between the two Governments, which will enter into force upon Your Excellency's reply. I take this opportunity to renew to Your Excellency the assurances of my high esteem.
Unofficial translation
January 26, 2001, Astana
Your Excellency,
I have the honor to confirm receipt of your note N_, from ___, on the issue of expanding Japanese economic cooperation in order to strengthen friendship and cooperation relations and propose the following:
1. In order to contribute to the implementation of the project to Improve medical care in the Semipalatinsk region (hereinafter referred to as the "Project") by the Government of the Republic of Kazakhstan, the Government of Japan will provide to the Government of the Republic of Kazakhstan, in accordance with Japanese law, a grant (hereinafter referred to as the "Grant") totaling six hundred forty-eight million Japanese yen (Y 648.000.000).
2. The grant will be available for use during the period from the date of entry into force of these agreements until March 31, 2001, unless the specified period is extended by an agreement between the authorized bodies of the two Governments.
3. (1) The grant will be used by the Government of the Republic of Kazakhstan exclusively for the purchase of products manufactured in Japan or the Republic of Kazakhstan, and to pay for the services of Japanese or Kazakh citizens mentioned below: (the term "citizens", wherever it occurs in the text of these agreements, means Japanese individuals or Japanese legal entities controlled by Japanese individuals, for Japanese citizens, and Kazakhstani individuals and legal entities for Kazakhstani citizens) (a) the equipment and installation services necessary for the execution of the Project; (b) vehicles and services for its purchase necessary for the implementation of the Project; and
To His Excellency Mr. Kenji Tanaka, Extraordinary and Plenipotentiary To the Ambassador of Japan in the Republic of Kazakhstan Almaty
(c) the services necessary for the transportation of the products referred to in paragraphs (a) and (b) above to the Republic of Kazakhstan, as well as services for its transportation within the country; (2) Notwithstanding the above condition of subparagraph (1), the products and services referred to above in subparagraphs (1a), (1b) and (1a), (1b), (1b), respectively, produced and provided by citizens of third countries other than Japan or the Republic of Kazakhstan, may be purchased with Grant funds, if the Governments of the two countries mutually agree that this is necessary.
4. The Government of the Republic of Kazakhstan or its authorized body will conclude contracts in Japanese yen with Japanese citizens for the purchase of products and payment for services specified in clause 3. The Government of Japan will certify the contracts for compliance with the terms of the Grant.
5. (1) The Government of Japan will provide a Grant by making payments in Japanese yen to cover the obligations of the Government of the Republic of Kazakhstan or its authorized body under contracts certified in accordance with clause 4 (hereinafter referred to as "Certified Contracts") to an account opened on behalf of the Government of the Republic of Kazakhstan in any Japanese bank (here and hereinafter referred to as the "Bank"), authorized by the Government of the Republic of Kazakhstan or its authorized body. (2) Payments conforming to subparagraph (1) will be made subject to the Bank's requirements submitted to the Government of Japan, notifying the Government of the Republic of Kazakhstan or its authorized body to pay them. (3) The sole purpose of a bank account conforming to subparagraph (1) is to receive payments from the Government of Japan in Japanese yen and to make settlements with Japanese citizens participating in Certified Contracts. The procedural details of the receipt/expense on the account will be agreed upon through consultations between the Bank and the Government of the Republic of Kazakhstan or its authorized body.
6. (1) The Government of the Republic of Kazakhstan will take the following necessary measures: (a) to ensure timely passage of customs procedures and internal transportation of products purchased in accordance with the Grant in Kazakhstan; (b) to exempt Japanese citizens from customs duties, internal taxes and other fiscal payments that may be imposed in the Republic of Kazakhstan, in relation to the supply of products and services in accordance with the Grant; (c) to provide Japanese citizens, whose services may be required in connection with the supply of products and payment for Services under Certified Contracts, with the facilities necessary for their entry and stay related to the performance of work in the Republic of Kazakhstan; (d) to ensure the proper and effective maintenance and use of products purchased under the Grant for the implementation of the Project; and (e) to pay for all expenses not included in the list covered by the Grant, necessary for its implementation. (2) With regard to maritime transportation and marine insurance of products purchased under a Grant, the Government of the Republic of Kazakhstan will refrain from any restrictions that may hinder fair and free competition among maritime transport and insurance companies. (3) Products purchased under the Grant will not be re-exported from the Republic of Kazakhstan.
7. The two Governments will consult each other on any issues that may arise from or be related to these agreements.
I also have the honor to suggest that this Note and the reply Note from Your Excellency on behalf of the Government of the Republic of Kazakhstan confirming the above-mentioned agreements will be considered equivalent to the signing of an Agreement between the two Governments, which will enter into force upon Your Excellency's reply. I take this opportunity to renew to Your Excellency the assurances of my high esteem.
Unofficial translation
January 26, 2001, Astana
Your Excellency,
I have the honor to confirm receipt of your note N_, from ___, on the issue of expanding Japanese economic cooperation in order to strengthen friendship and cooperation relations and propose the following:
1. In order to contribute to the implementation of the project to Improve medical care in the Semipalatinsk region (hereinafter referred to as the "Project") by the Government of the Republic of Kazakhstan, the Government of Japan will provide to the Government of the Republic of Kazakhstan, in accordance with Japanese law, a grant (hereinafter referred to as the "Grant") totaling six hundred forty-eight million Japanese yen (Y 648.000.000).
2. The grant will be available for use during the period from the date of entry into force of these agreements until March 31, 2001, unless the specified period is extended by an agreement between the authorized bodies of the two Governments.
3. (1) The grant will be used by the Government of the Republic of Kazakhstan exclusively for the purchase of products manufactured in Japan or the Republic of Kazakhstan, and to pay for the services of Japanese or Kazakh citizens mentioned below: (the term "citizens", wherever it occurs in the text of these agreements, means Japanese individuals or Japanese legal entities controlled by Japanese individuals, for Japanese citizens, and Kazakhstani individuals and legal entities for Kazakhstani citizens) (a) the equipment and installation services necessary for the execution of the Project; (b) vehicles and services for its purchase necessary for the implementation of the Project; and
To His Excellency Mr. Kenji Tanaka, Extraordinary and Plenipotentiary To the Ambassador of Japan in the Republic of Kazakhstan Almaty
(c) the services necessary for the transportation of the products referred to in paragraphs (a) and (b) above to the Republic of Kazakhstan, as well as services for its transportation within the country; (2) Notwithstanding the above condition of subparagraph (1), the products and services referred to above in subparagraphs (1a), (1b) and (1a), (1b), (1b), respectively, produced and provided by citizens of third countries other than Japan or the Republic of Kazakhstan, may be purchased with Grant funds, if the Governments of the two countries mutually agree that this is necessary.
4. The Government of the Republic of Kazakhstan or its authorized body will conclude contracts in Japanese yen with Japanese citizens for the purchase of products and payment for services specified in clause 3. The Government of Japan will certify the contracts for compliance with the terms of the Grant.
5. (1) The Government of Japan will provide a Grant by making payments in Japanese yen to cover the obligations of the Government of the Republic of Kazakhstan or its authorized body under contracts certified in accordance with clause 4 (hereinafter referred to as "Certified Contracts") to an account opened on behalf of the Government of the Republic of Kazakhstan in any Japanese bank (here and hereinafter referred to as the "Bank"), authorized by the Government of the Republic of Kazakhstan or its authorized body. (2) Payments conforming to subparagraph (1) will be made subject to the Bank's requirements submitted to the Government of Japan, notifying the Government of the Republic of Kazakhstan or its authorized body to pay them. (3) The sole purpose of a bank account conforming to subparagraph (1) is to receive payments from the Government of Japan in Japanese yen and to make settlements with Japanese citizens participating in Certified Contracts. The procedural details of the receipt/expense on the account will be agreed upon through consultations between the Bank and the Government of the Republic of Kazakhstan or its authorized body.
6. (1) The Government of the Republic of Kazakhstan will take the following necessary measures: (a) to ensure timely passage of customs procedures and internal transportation of products purchased in accordance with the Grant in Kazakhstan; (b) to exempt Japanese citizens from customs duties, internal taxes and other fiscal payments that may be imposed in the Republic of Kazakhstan, in relation to the supply of products and services in accordance with the Grant; (c) to provide Japanese citizens, whose services may be required in connection with the supply of products and payment for Services under Certified Contracts, with the facilities necessary for their entry and stay related to the performance of work in the Republic of Kazakhstan; (d) to ensure the proper and effective maintenance and use of products purchased under the Grant for the implementation of the Project; and (e) to pay for all expenses not included in the list covered by the Grant, necessary for its implementation. (2) With regard to maritime transportation and marine insurance of products purchased under a Grant, the Government of the Republic of Kazakhstan will refrain from any restrictions that may hinder fair and free competition among maritime transport and insurance companies. (3) Products purchased under the Grant will not be re-exported from the Republic of Kazakhstan.
7. The two Governments will consult each other on any issues that may arise from or be related to these agreements.
I also have the honor to confirm the above-mentioned agreements on behalf of the Government of the Republic of Kazakhstan and to express my agreement to consider Your Excellency's Note and this Note as equivalent to the signing of an Agreement between the two Governments, which will enter into force from the moment of this response.
I take this opportunity to renew to Your Excellency the assurances of my high esteem.
Yerlan Idrissov Minister of Foreign Affairs of the Republic of Kazakhstan
President
Republic of Kazakhstan
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