On the ratification of the Agreement in the form of an exchange of notes between the Republic of Kazakhstan, the Commission of the European Communities, the United Nations Development Programme on Amendments to the Agreement on the Working Conditions of the Regional Environmental Center for Central Asia
Law of the Republic of Kazakhstan dated January 9, 2004 No. 519
To ratify the Agreement in the form of an exchange of notes between the Republic of Kazakhstan, the Commission of the European Communities, and the United Nations Development Program on amendments to the Agreement on the Working Conditions of the Regional Environmental Center for Central Asia dated May 12, 2000, signed on June 1, 2001 in Astana, July 24 and 31, 2001 in Almaty.
President of the Republic of Kazakhstan
Agreement on the working conditions of the Regional Environmental Center of Central Asia
This Agreement is concluded between the Republic of Kazakhstan, the Commission of the European Communities, the United Nations Development Programme (UNDP), hereinafter referred to as the Parties. Considering that: Solving environmental problems will require joint efforts by Governments, local authorities, non-governmental organizations (associations) and citizens of Central Asian countries (hereinafter - CAR).; The Declaration of the 4th Pan-European Conference of Ministers of Environmental Protection in Aarhus (Denmark, June 1998) welcomed the establishment of a Regional Environmental Center in Central Asia (hereinafter referred to as the Center); the Central Asian States (the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan) decided that such a Center would be established in Almaty, Republic of Kazakhstan; The Charter of the Center, signed on July 20, 1999, together with this Agreement, will form the legal basis for the establishment and operation of the Center.; The Parties have agreed on the following:
Article 1
1. This Agreement between the Republic of Kazakhstan, the Commission of the European Communities, and the UNDP establishes the obligations of the Parties to support the activities of this Center in order to achieve its goals. 2. The Center's activities will be conducted in accordance with the Charter of the Center, this Agreement and the legislation of the Republic of Kazakhstan. 3. The Center is established as an independent, non-profit, non-political organization of an international character (organizational and legal form - institution). 4. The Center is created for an unlimited period of time. 5. The center is located in Almaty, Kazakhstan.
Article 2
1. The Center is considered to be established as a legal entity from the moment of its state registration in accordance with the legislation of the Republic of Kazakhstan and: - will have its own separate assets; - will be responsible for its obligations to expand such assets; - may conclude contracts and agreements on its behalf; - may acquire and exercise property and non-property rights; - may have obligations and appear before the court as a plaintiff or defendant.
Article 3
The Center opens branches in Central Asia and may establish branches in accordance with the Charter of the Center and the legislation of the Central Asian States.
Article 4
1. The Parties are not liable for the obligations of the Center, and the Center is not liable for the obligations of the Parties. 2. Commission of the European Communities, UNDP: - Provide support to the Center, depending on the availability of appropriate funds; - Assist in the establishment of the Center in accordance with the goals set out in the Charter; - Assist the Center's activities with consultations, information and recommendations. 3. Republic of Kazakhstan: - Ensures registration of the Center as an independent, non-profit, non-political organization of an international nature with the status of a legal entity in accordance with the legislation of the Republic of Kazakhstan within 6 months after signing this Agreement; - Creates appropriate organizational conditions for the effective functioning of the Center, provides communication channels, and transfers buildings and structures (premises) to the ownership of the Center free of charge for the REC office in Almaty.
Article 5
1. In accordance with the Charter, the Center promotes cooperation at the local, regional and international levels between non-governmental organizations (associations), governments, business circles and other interested organizations to promote the free exchange of information; it offers direct assistance to any organization or person involved in environmental protection, in accordance with the charter objectives. 2. The Center promotes public participation in the decision-making process of the society (societies) related to the environment and sustainable development. 3. The Center's activities are carried out in accordance with the Charter and the Work Program, which will be developed by the Center and approved by its founders.
Article 6
1. The Center cooperates with Regional Environmental Centers in other countries. 2. The Parties should encourage and assist the Center in cooperation and participation in international coordinating committees and organizations that have been established in connection with the activities of Regional Environmental Centers. 3. The working languages of the Center are Russian and English. The Center, if necessary, can use the official languages of the CAR countries.
Article 7
1. Being not limited by financial controls, regulations or moratoriums of any kind, the Center in accordance with the legislation of the Republic of Kazakhstan: - can own, use and dispose of structures, buildings, equipment, tools owned by the Center; - can own any funds and assets or currency of any kind and have accounts in any currency owned by the Center; - is free to transfer its funds and assets or currency from one country to another and convert convert the currency belonging to him into any other currency. 2. The Center's assets consist of regular and lump-sum deposits, buildings (premises) that are not subject to alienation, goods such as motor vehicles, office equipment, office furniture, special laboratory equipment (for examining environmental problems) and accessories for them and intended only for transfer and use by the Center and its national branches free of charge by the Parties, as well as voluntary contributions and donations that do not contradict the legislation of the Republic of Kazakhstan, including technical assistance. 3. The assets of the Center will be used exclusively to solve the environmental problems of the CAR. 4. The Center for activities carried out under this Agreement and the Charter is subject to exemption from: - all taxes, fees and other mandatory payments to the budget established by the legislation of the Republic of Kazakhstan; - customs duties and import and export restrictions on items imported or exported by the Center for official use and in relation to its publications.
Article 8
1. The Center, as stipulated by the Charter, will include a Board of Governors, an Executive Director, an Advisory Board, other officials, as well as administrative and technical staff to perform duties that will be necessary for the Center's activities. 2. The representative of the Center is the Executive Director, who directs the work of the Center. The Executive Director is appointed in accordance with the Articles of Association.
Article 9
All disputes and disagreements between the Parties regarding the interpretation and application of the provisions of this Agreement will be resolved through mutual consultations and negotiations.
Article 10
Amendments to this Agreement may be agreed upon by the Parties through an exchange of letters. Such letters are an integral part of this Agreement.
Article 11
This Agreement will be approved by the Parties in accordance with their own procedures. This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that these procedures have been completed. This Agreement is open to the participation of other interested organizations.
Article 12
The Parties may renounce the status of a Party by sending a written notification of their intention to withdraw from the Agreement to the Chairman of the Council 6 months in advance before renouncing the status of a Party to the Agreement. The reorganization or liquidation of the Center is carried out in accordance with the Charter of the Center and in accordance with the legislation of the Republic of Kazakhstan.
Done in Almaty on May 12, 2000, in three originals, each in the Kazakh, English and Russian languages, all texts being equally authentic.
For the Republic of Kazakhstan
For the Commission of the European Community
For the Development Program The United Nations
N 12-03/264
The Ministry of Foreign Affairs of the Republic of Kazakhstan presents its compliments to the United Nations Development Program and has the honor to initiate amendments to the Agreement on the Working Conditions of the Regional Environmental Center for Central Asia, signed in Almaty on May 12, 2000. Paragraph 4 of article 7 should be worded as follows: "4. The Center for activities carried out under this Agreement and the Charter is subject to exemption from: - all taxes, fees and other mandatory payments to the budget established by the legislation of the Republic of Kazakhstan; - customs duties and import and export restrictions on items imported or exported by the Center for official use and in relation to its publications.". If the United Nations Development Program agrees with the proposed text, the Ministry would consider it possible to consider this note and the response note of the United Nations Development Program to be an integral part of the Agreement on the Working Conditions of the Regional Environmental Center for Central Asia, signed in Almaty on May 12, 2000. The Ministry takes this opportunity to renew the United Nations Development Program with assurances of its very high esteem.
Astana, June 01, 2001
Development program United Nations Organization, New York
N 12-03/267
The Ministry of Foreign Affairs of the Republic of Kazakhstan presents its compliments to the Commission of the European Communities and has the honor to initiate amendments to the Agreement on the Working Conditions of the Regional Environmental Center for Central Asia, signed in Almaty on May 12, 2000. Paragraph 4 of article 7 should be worded as follows: "4. The Center for activities carried out under this Agreement and the Charter is subject to exemption from: - all taxes, fees and other mandatory payments to the budget established by the legislation of the Republic of Kazakhstan; - customs duties and import and export restrictions on items imported or exported by the Center for official use and in relation to its publications.". If the Commission of the European Communities agrees with the proposed text, the Ministry would consider it possible to consider this note and the response note of the Commission of the European Communities to be an integral part of the Agreement on the Working Conditions of the Regional Environmental Center for Central Asia, signed in Almaty on May 12, 2000. The Ministry takes this opportunity to renew to the Commission of the European Community the assurances of its very high esteem.
Astana, June 01, 2001
Commission of the European Communities, Brussels
NOTE VERBALE
The Representative Office of the European Commission in the Republic of Kazakhstan presents its compliments to the Ministry of Foreign Affairs of the Republic of Kazakhstan and, in response to the Ministry's note No. 12-03/267 dated June 4, 2001, has the honor to confirm the agreement of the European Commission with the amendments proposed with respect to Paragraph 4 of Article 7 of the Agreement on the Working Conditions of the Regional Environmental Center for Central Asia. The Representative Office of the European Commission in the Republic of Kazakhstan takes this opportunity to renew its assurances of high respect to the Ministry of Foreign Affairs of the Republic of Kazakhstan.
Ministry of Foreign Affairs of the Republic of Kazakhstan
Astana city
United Nations Development Program Permanent Representative office in the Republic of Kazakhstan
SENT on September 14, 2001
The United Nations Development Program Office in Almaty expresses its good wishes to the Ministry of Foreign Affairs of the Republic of Kazakhstan and, in response to the Ministry's notification No. 12-03/264 dated June 1, 2001, has the honor to confirm the agreement of the UNDP office in Almaty with the proposal for amendments concerning paragraph 4 of Article 7 of the Agreement "on the Working Conditions of the Regional Environmental Center of Central Asia Asia". The United Nations Development Programme Office in Almaty takes this opportunity to renew its assurances of high respect to the Ministry of Foreign Affairs of the Republic of Kazakhstan.
Almaty, July 31, 2001
Ministry of Foreign Affairs of the Republic of Kazakhstan
President
Republic of Kazakhstan
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