On the ratification of the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the North Atlantic Treaty Organization on the conditions of stay and activities of a NATO liaison Officer in the Republic of Kazakhstan

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On the ratification of the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the North Atlantic Treaty Organization on the conditions of stay and activities of a NATO liaison Officer in the Republic of Kazakhstan

Law of the Republic of Kazakhstan dated October 20, 2008 No. 71-IV

To ratify the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the North Atlantic Treaty Organization on the conditions of stay and activities of a NATO liaison officer in the Republic of Kazakhstan, signed in Brussels on September 7 and Astana on November 1, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

SG(2007)0626 September 7, 2007

Your Excellency,

1. I have the honor to refer to the desire to improve cooperation measures between the Government of the Republic of Kazakhstan and the North Atlantic Treaty Organization (NATO). Considering that improving cooperation measures with the Government of the Republic of Kazakhstan will play a significant role in building relations within the framework of the Euro-Atlantic Partnership Council (EAPC) and the Partnership for Peace program, contribute to a better understanding of NATO's decision to focus special attention on the Central Asia and Caucasus region, as well as in response to the proposal Kazakhstan will also expand cooperation with NATO in accordance with the decision taken by NATO at the Istanbul Summit in 2004., I have the honor to propose the appointment of a NATO/PIM Liaison Officer by the North Atlantic Treaty Organization.

2. The NATO/PIM Liaison Officer must interact with the relevant structures of the Republic of Kazakhstan responsible for cooperation within the framework of the Partnership for Peace (PIM) program, with their staff; promote practical cooperation between the Republic of Kazakhstan and NATO; Provide assistance and advice on the implementation of cooperation programs and activities within the framework of the Planning and Analysis Process (PARP) program, the Individual Partnership Action Plan (IPAP), the Defense Construction Partnership Action Plan (RAP-OS) and the Partnership Action Plan on Combating Terrorism (RAP-T).

2.1 A NATO/PIM Liaison Officer may also carry out similar activities with another State(s) in the region.

2.2 The NATO/PIM Liaison Officer will inform the Ministry of Defense of the Republic of Kazakhstan about the period of his absence in the Republic of Kazakhstan.

3. The Government of the Republic of Kazakhstan and NATO agree that the activities of a NATO/PIM officer will include, in particular:

(a) providing advice and assistance to the authorities of the Republic of Kazakhstan in the implementation of the IPDP, RAP-OS, PARP, RAP-T;

(b) providing advice and assistance to the Government of the Republic of Kazakhstan in its activities under the PIM and, in particular, under the IPAP and the Individual Partnership Program (IPP), where appropriate;

(c) providing advice and assistance in organizing visits by NATO representatives related to the implementation of the IPAP and IPP, where appropriate, as well as the PARP, RAP-OS, RAP-T;

(d) interaction with the contact embassy of a NATO member State (and embassies of EAPC member States, where appropriate) in the Republic of Kazakhstan and regular provision of up-to-date information to them.

4. NATO will inform the Ministry of Foreign Affairs of the Republic of Kazakhstan about the appointment, arrival and departure of a NATO/PIM liaison Officer.

4.1. In order to ensure security, the NATO Liaison Officer will inform the Ministry of Defense about his/her movement on the territory of the Republic of Kazakhstan.

5. Central and local authorities will facilitate the activities of the NATO/PIM Liaison Officer, including organizing contacts of the NATO/PIM Liaison Officer with representatives of departments and senior government officials.  

5.2 The NATO/PIM Liaison Officer will provide the Government of the Republic of Kazakhstan with the necessary information that will contribute to strengthening relations and practical cooperation.

5.3 The NATO/PIM Liaison Officer will hold regular meetings with the departments and structures of the Republic of Kazakhstan regarding the implementation of the IPDP. 6. If necessary, representatives of other structures of the Government of the Republic of Kazakhstan and non-governmental organizations may be invited to meetings between the NATO/PIM Liaison Officer and the authorities of the Republic of Kazakhstan with the consent of the relevant authorities of both sides.

7. The Government of the Republic of Kazakhstan will grant the NATO/PIM Liaison Officer and his/her family privileges, immunities and facilities equivalent to those normally granted to the diplomatic staff of diplomatic missions accredited in the Republic of Kazakhstan, in accordance with the Vienna Convention on Diplomatic Relations of April 18, 1961.

8. Without encroaching on his/her privileges and immunities applicable under other relevant international treaties, compliance with the laws and regulations of the Republic of Kazakhstan will be the responsibility of a NATO/PIM Liaison Officer. A NATO/PIM Liaison Officer must not engage in any other professional or commercial activity in the Republic of Kazakhstan for the purpose of personal enrichment; he/she must also refrain from any other actions incompatible with the nature of his/her official duties, as defined in this note.  

9. The Government of the Republic of Kazakhstan will provide the NATO/PIM Liaison Officer with the necessary office space in the premises of the relevant structure responsible for cooperation within the framework of the PIM, equipment and administrative support. The office space is provided to the NATO/PIM liaison Officer on a temporary basis, without charging rent. The operating costs are borne by NATO.  

9.1 The office space used by the NATO/PIM Liaison Officer must not be used in any way incompatible with his/her functions, as defined by this note or other agreements in force between the Government of the Republic of Kazakhstan and NATO.  

10. The Government of the Republic of Kazakhstan will provide the NATO/PIM liaison officer with a car, driver, and translator for temporary use, if necessary, to perform his official duties.

11. The Government of the Republic of Kazakhstan and NATO will agree on the conditions for ensuring the security of the office area before the NATO/PIM Liaison Officer assumes his official duties.

11.1 The Government of the Republic of Kazakhstan will take all necessary measures to ensure the appropriate security of the NATO/PIM Liaison Officer.

12. Any disagreement between the Government of the Republic of Kazakhstan and NATO regarding the activities of the NATO/PIM Liaison Officer will be resolved diplomatically.

13. By mutual agreement of the Parties, amendments and additions may be made to the Agreement, which are formalized in separate protocols that are integral parts of the Agreement. These protocols shall enter into force on the date of receipt by NATO of a written notification from the Government of the Republic of Kazakhstan on their ratification.

14. The Agreement is concluded for an indefinite period and remains in force until the expiration of three months from the date of receipt by one of the Parties of the relevant written notification by the other party of its intention to terminate it, with the exception of resolving claims that arose before the date on which the termination takes effect.  

15. If the above is acceptable to the Government of the Republic of Kazakhstan, this letter and your reply will constitute an Agreement between the Government of the Republic of Kazakhstan and NATO, which will enter into force on the date of receipt by NATO of the written notification of the Government of the Republic of Kazakhstan on the ratification of the Agreement.

Jaap de Hoop Scheffer

His Excellency Mr. Marat Tazhin, Minister of Foreign Affairs of the Republic of Kazakhstan

Astana, November 1, 2007

Your Excellency,

I have the honor to inform you that your Note was received today, November 1, 2007, stating the following:

"1. I have the honor to refer to the desire to improve cooperation measures between the Government of the Republic of Kazakhstan and the North Atlantic Treaty Organization (NATO). Considering that improving cooperation measures with the Government of the Republic of Kazakhstan will play a significant role in building relations within the framework of the Euro-Atlantic Partnership Council (EAPC) and the Partnership for Peace program, contribute to a better understanding of NATO's decision to focus special attention on the Central Asia and Caucasus region, as well as in response to the proposal Kazakhstan will also expand cooperation with NATO in accordance with the decision taken by NATO at the Istanbul Summit in 2004., I have the honor to propose the appointment of a NATO/PIM Liaison Officer by the North Atlantic Treaty Organization.

To His Excellency Mr. Jaap de Hoop Scheffer, Secretary General North Atlantic Treaty Organization (NATO) Brussels

2.1 A NATO/PIM Liaison Officer may also carry out similar activities with another State(s) in the region.

2.2 The NATO/PIM Liaison Officer will inform the Ministry of Defense of the Republic of Kazakhstan about the period of his absence in the Republic of Kazakhstan.

3. The Government of the Republic of Kazakhstan and NATO agree that the activities of a NATO/PIM officer will include, in particular:

(a) providing advice and assistance to the authorities of the Republic of Kazakhstan in the implementation of the IPDP, RAP-OS, PARP, RAP-T;

(b) providing advice and assistance to the Government of the Republic of Kazakhstan in its activities under the IPP and, in particular, under the IPP and the Individual Partnership Program (IPP), where appropriate; (c) providing advice and assistance in organizing visits by NATO representatives related to the implementation of the IPP and IPP, where appropriate, and PARP, PDP-OS, PDP-T;

4. NATO will inform the Ministry of Foreign Affairs of the Republic of Kazakhstan about the appointment, arrival and departure of a NATO/PIM liaison Officer.

4.1 In order to ensure security, the NATO Liaison Officer will inform the Ministry of Defense about his/her movement on the territory of the Republic of Kazakhstan.

5.1 The NATO/PIM Liaison Officer may establish contacts with the media within the scope of his/her authority and use the assistance of the press service of the Ministry of Defense of the Republic of Kazakhstan. 5.2. The NATO/PIM Liaison Officer will provide the Government of the Republic of Kazakhstan with the necessary information that will contribute to strengthening relations and practical cooperation.

5.3. The NATO/PIM Liaison Officer will hold regular meetings with the departments and structures of the Republic of Kazakhstan regarding the implementation of the IPDP. 6. If necessary, representatives of other structures of the Government of the Republic of Kazakhstan and non-governmental organizations may be invited to meetings between the NATO/PIM Liaison Officer and the authorities of the Republic of Kazakhstan with the consent of the relevant authorities of both sides. 7. The Government of the Republic of Kazakhstan will grant the NATO/PIM Liaison Officer and his/her family privileges, immunities and facilities equivalent to those normally granted to diplomatic personnel of diplomatic missions accredited in the Republic of Kazakhstan, in accordance with the Vienna Convention on Diplomatic Relations of April 18, 1961.

10. The Government of the Republic of Kazakhstan will provide the NATO/PIM liaison officer with a car, driver, and translator for temporary use, if necessary, to perform his official duties.  

11. The Government of the Republic of Kazakhstan and NATO will agree on the conditions for ensuring the security of the office area before the NATO/PIM Liaison Officer assumes his official duties.

11.1 The Government of the Republic of Kazakhstan will take all necessary measures to ensure the appropriate security of the NATO/PIM Liaison Officer.  

12. Any disagreement between the Government of the Republic of Kazakhstan and NATO regarding the activities of the NATO/PIM Liaison Officer will be resolved diplomatically.

On behalf of the Government of the Republic of Kazakhstan, I have the honor to confirm the previous agreements, as well as that Your Excellency's note and this note form an Agreement between the Government of the Republic of Kazakhstan and the North Atlantic Treaty Organization (NATO), which will enter into force on the date of receipt by NATO of a written notification on the implementation by the Government of the Republic of Kazakhstan of the internal procedures necessary for the entry into force of this Agreement. Agreements.

I take this opportunity to renew the assurances of my high esteem.

Marat Tazhin

President

Republic of Kazakhstan

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