On the ratification of the Agreement on Technical Cooperation between the Government of the Republic of Kazakhstan and the Government of Japan

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Law of the Republic of Kazakhstan dated June 20, 2005 No. 61

To ratify the Agreement on Technical Cooperation between the Government of the Republic of Kazakhstan and the Government of Japan, signed in Astana on August 27, 2004. President of the Republic of Kazakhstan

AGREEMENT ON TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF JAPAN

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on July 6, 2005)

The Government of the Republic of Kazakhstan and the Government of Japan, desiring to strengthen further the friendly relations existing between the two countries through the development of technical cooperation, and taking into account the mutual benefits gained from promoting the economic and social development of their countries, have agreed as follows:

ARTICLE I

Both Governments will strive to develop technical cooperation between the two countries.

ARTICLE II

Separate agreements defining special technical cooperation programs implemented under this Agreement must be agreed upon between the competent authorities of the two Governments. The competent authority of the Government of the Republic of Kazakhstan is the Ministry of Economy and Budget Planning of the Republic of Kazakhstan, and the competent authority of the Government of Japan is the Ministry of Foreign Affairs of Japan.

Both Governments will notify each other through diplomatic channels of changes regarding their respective competent authorities.

ARTICLE III

The following forms of technical cooperation will be implemented by the Japan International Cooperation Agency (JICA) at its own expense in accordance with the laws and regulations in force in Japan, as well as the agreements referred to in Article II:

(a) Provision of technical training to citizens of Kazakhstan;

(b) sending experts (hereinafter referred to as Experts) to the Republic of Kazakhstan;

(c) Sending Japanese volunteers with a wide range of technical skills and sufficient experience (hereinafter referred to as Senior Volunteers) to the Republic of Kazakhstan;

(d) sending Japanese missions (hereinafter referred to as Missions) to the Republic of Kazakhstan to carry out research on projects of economic and social development of the Republic of Kazakhstan;

(e) provision of equipment, machinery and materials to the Government of the Republic of Kazakhstan;

(f) providing the Government of the Republic of Kazakhstan with other forms of technical cooperation, which will be decided upon by mutual agreement between the two Governments.

ARTICLE IV

The Government of the Republic of Kazakhstan guarantees that the skills and knowledge acquired by citizens of Kazakhstan, as well as equipment, equipment and materials supplied as a result of Japanese technical cooperation, set out in article III, contribute to Japanese technical cooperation, set out in Article III, contribute to the economic and social development of the Republic of Kazakhstan, and are not used for military purposes..

ARTICLE V

In the case when JICA sends Experts, Senior Volunteers and Missions, the Government of the Republic of Kazakhstan:

1. (1) (a) Exempt Experts, Senior Volunteers, and Mission members from taxes, including income taxes and tax charges, imposed in connection with salaries or daily allowances that will be transferred to them from abroad;

(b) exempt Experts, Senior Volunteers, members of Missions and their families from consular fees, taxes, customs duties, customs duties and charges, tax charges and the application of non-tariff measures, including the obligation to acquire an import license and a certificate for risk insurance for foreign exchange expenses, with respect to import:

(i) baggage;

(ii) personal items, household items and consumer goods; and

(iii) vehicles necessary for the performance of duties by Experts and Senior Volunteers seconded to the Republic of Kazakhstan;

(c) exempt Experts and Senior Volunteers who do not import any vehicles necessary for the performance of their duties to the Republic of Kazakhstan from taxes, with the exception of value-added tax, and tax charges in respect of on-site purchase of one vehicle per Expert and Senior Volunteer;

(d) Exempt Experts, Senior Volunteers and their families from vehicle registration fees referred to in sub-paragraphs (1) (b) (iii) and (1) (c) of this paragraph.

(2) will take all necessary measures to ensure that the organization that accepts Experts, Senior Volunteers and the Mission fulfills its responsibilities for:

(a) provide, at its own expense, a suitable office and other facilities, including telephone and fax services, necessary for the performance of duties by Experts, Senior Volunteers and Missions, as well as bear the costs of their operation and technical support;

(b) to provide, at their own expense, local staff, including appropriate interpreters, if necessary, as well as Kazakhstani partners, Experts, Senior Volunteers and Missions necessary for their duties;

(c) incurring the costs of Experts and Senior Volunteers, when the financial resources of the host organizations allow for:

(i) daily transportation to and from the workplace;

(ii) their official trips in the Republic of Kazakhstan;

(iii) their official correspondence;

(d) Ensuring the best possible conditions for the purchase of appropriate housing for Experts, Senior Volunteers and their families;

(e) Ensuring the best possible conditions for Experts, Senior Volunteers, Mission Members and their families to receive medical care and services.

(3) (a) allow Experts, Senior Volunteers, Mission members and their families to enter, leave and stay in the Republic of Kazakhstan for the duration of their business trip, offer them the best conditions for completing the registration procedure for foreign nationals and exempt them from the fees incurred in doing so;

(b) provide Experts, Senior Volunteers, and Mission members with documents confirming their status to ensure cooperation with all government organizations necessary to carry out their duties.;

(c) provide the Experts, Senior Volunteers and their families with the necessary assistance in obtaining a driver's license; and

(d) carry out other measures necessary for the performance of duties by Experts, Senior Volunteers and Missions, providing that the competent authorities of the two Governments should agree on such other measures if those measures require additional budgetary allocations.

2. The vehicles referred to in paragraph 1 of this Article will become objects of payment of taxes, customs duties, customs duties and fees if they are subsequently sold or transferred in the Republic of Kazakhstan to persons or organizations that do not have the rights to exemption from such taxes, customs duties, customs duties and fees or other similar privileges.

3. The Government of the Republic of Kazakhstan will grant Experts, Senior Volunteers and Mission members and their families such privileges, exemptions and benefits that are no less than those granted to experts, senior volunteers and mission members and their families of any other third country or any international organization carrying out a similar mission in the Republic of Kazakhstan, except those who are members of a diplomatic mission.

ARTICLE VI

The Government of the Republic of Kazakhstan will take on claims, with the exception of criminal ones, if they arise against Experts, Senior Volunteers and members of Missions that arose as a result of or in the process or otherwise related to the performance of their duties, except in cases where both Governments agree that such a claim arose as a result of gross neglect or deliberate violations by Experts, Senior Volunteers, or Mission members.

ARTICLE VII

1. (1) If JICA provides the Government of the Republic of Kazakhstan with equipment, machinery and materials, the Government of the Republic of Kazakhstan will exempt this equipment, machinery and materials from consular fees, taxes, customs duties, customs duties and charges, tax charges and the application of non-tariff measures, including the obligation to acquire an import license and a certificate for insurance of risks for foreign exchange expenses, with the exception of safety requirements, in relation to the import of these goods. The equipment, machinery and materials mentioned above will become the property of the Government of the Republic of Kazakhstan upon delivery to the port or place of transfer to the competent authorities of the Government of the Republic of Kazakhstan.

(2) If JICA provides the Government of the Republic of Kazakhstan with equipment, machinery and materials, the Government of the Republic of Kazakhstan will exempt this equipment, machinery and materials from taxes, including value added tax, and tax charges in respect of local purchases.

(3) The equipment, machinery and materials referred to in sub-paragraphs (1) and (2) of this paragraph will be used for the purposes specified in the agreements referred to in article II of this agreement, unless otherwise agreed between the competent authorities of the two Governments.

(4) The costs of transportation through the territory of the Republic of Kazakhstan of the equipment, machinery and materials referred to in sub-paragraphs (1) and (2) of this paragraph, and the costs of their replacement, maintenance and repair will be borne by the Government of the Republic of Kazakhstan.

2. (1) The equipment, equipment and materials prepared by JICA, necessary for the performance of duties by Experts, Senior Volunteers and Mission members, will remain the property of JICA, unless otherwise agreed between the competent authorities of the two Governments.

(2) The Government of the Republic of Kazakhstan will exempt Experts, Senior Volunteers and members of Missions from consular fees, taxes, customs duties, customs duties and fees, tax charges and the application of non-tariff measures, including the obligation to purchase an import license and a certificate for risk insurance for foreign exchange expenses, with the exception of security requirements, in with respect to the importation of the equipment, machinery and materials referred to in subparagraph (1) of this paragraph.

(3) The Government of the Republic of Kazakhstan will exempt Experts, Senior Volunteers and members of Missions from taxes, with the exception of value added tax, and tax charges in respect of on-site purchases of equipment, machinery and materials referred to in subparagraph (1) of this paragraph.

ARTICLE VIII

The Government of the Republic of Kazakhstan should maintain close contact with Experts, Senior Volunteers and Mission members through the organizations designated by it.

ARTICLE IX

1. The Government of the Republic of Kazakhstan will allow JICA to open and maintain a foreign office of JICA in the Republic of Kazakhstan (hereinafter referred to as the Office) and will receive a permanent representative and his/her staff, who will be seconded from Japan (hereinafter referred to as the Representative, Staff), who will perform the duties assigned to them by JICA regarding technical cooperation programs under this Agreement in the Republic of Kazakhstan.

2. Government of the Republic of Kazakhstan:

(1) (a) exempt the Representative, Staff, and their families from taxes, including income taxes and tax charges, imposed on or in connection with wages or per diem that will be transferred to them from abroad;

(b) exempt the Representative, Staff and their families from consular fees, taxes, customs duties, customs duties and charges, tax charges and the application of non-tariff measures, including the obligation to purchase an import license and a certificate for risk insurance for foreign exchange costs in respect of importation:

(i) baggage;

(ii) personal items, household items and consumer goods;

(iii) vehicles necessary for the performance of duties by the Representative and Staff sent to the Republic of Kazakhstan;

(c) exempt the Representative and Staff who do not import any vehicles necessary for the performance of their duties to the Republic of Kazakhstan from taxes, with the exception of value-added tax, and tax charges in respect of on-site purchase of one vehicle per Representative and per Staff member;

(d) exempt the Representative, Staff, and their families from vehicle registration fees referred to in sub-paragraphs (1) (b) (iii) and (1) (c) of this paragraph;

(e) allow the Representative, Staff and their families to enter, leave and stay in the Republic of Kazakhstan for the period of their business trip, offer them the best conditions for completing the registration procedure for foreign nationals and exempt them from consular fees;

(f) provide the Representative and Staff with documents confirming their status;

(g) provide the Representative, the Staff and their families with the necessary assistance in obtaining a driver's license;

(h) carry out other measures necessary for the performance of duties by the Representative and the Staff, providing that the competent authorities of the two Governments should agree on such other measures if those measures require additional budgetary allocations.

(2) (a) exempt the Office from consular fees, taxes, customs duties, customs duties and charges, tax charges and the application of non-tariff measures, including the obligation to purchase an import license and a certificate for risk insurance for foreign exchange expenses, with the exception of safety requirements for the import of equipment, machinery, cars and materials needed for Office activities;

(b) exempt the Office from taxes, with the exception of value added tax, and tax charges in respect of on-site purchases of equipment, machinery, vehicles, and materials necessary for the Office's operations;

(c) exempt the Office from taxes, including income taxes and tax charges, imposed on or in connection with office expenses that will be transferred to it from abroad.

3. The vehicles referred to in paragraph 2 of this article will become objects of payment of taxes, customs duties, customs duties and fees if they are subsequently sold or transferred in the Republic of Kazakhstan to persons or organizations that do not have the rights to exemption from such taxes, customs duties, customs duties and fees or other similar privileges.

4. The Government of the Republic of Kazakhstan will grant such privileges, exemptions and benefits to the Representative, Staff and their families, as well as to the Office, which are no less than those granted to the representatives, staff and their families, as well as to the offices of any other third country or any international organization carrying out a similar mission in the Republic of Kazakhstan, except those who are members of a diplomatic mission.

ARTICLE X

The Government of the Republic of Kazakhstan will take the necessary measures to ensure the safety of Experts, Senior Volunteers, Mission members, Representatives, Staff and their families residing in the Republic of Kazakhstan.

ARTICLE XI

1. The Government of the Republic of Kazakhstan and the Government of Japan will consult with each other on issues that may arise in relation to this Agreement.

2. This Agreement may be amended in writing by mutual agreement of the two Governments.

ARTICLE XII

1. The provisions of this Agreement will also apply, after the entry into force of this Agreement, to individual technical cooperation programs that were initiated before the entry into force of this Agreement, and to Experts, Senior Volunteers, Mission Members, Representatives, Staff and their families residing in the Republic of Kazakhstan, as well as to equipment, equipment and materials related to the above programs.

2. The termination of this Agreement will not affect individual technical cooperation programs that will be in progress prior to the completion date of the above programs, unless otherwise agreed by mutual agreement between the two Governments, as well as the privileges, exemptions and benefits granted to Experts, Senior Volunteers, Mission Members, Representative, Staff and their families staying in the Republic of Kazakhstan to fulfill their responsibilities in connection with the above-mentioned programs.

ARTICLE XIII

1. This Agreement shall enter into force on the date of receipt by the Government of Japan of a written notification from the Government of the Republic of Kazakhstan on the completion of the necessary state procedures for the entry into force of this Agreement.

2. This Agreement will be valid for one year and will be automatically renewed each year for one year, until the Government notifies the other Government in writing, at least six months before the termination date, of its intention to terminate the Agreement.

In witness whereof, the undersigned, being fully authorized to do so, have signed this Agreement.

Done in Astana on August 27, 2004, in two copies in English.

For the Government For the Government of the Republic of Kazakhstan Japan

I hereby assure you that this translation of the text of the Agreement on Technical Cooperation between the Government of the Republic of Kazakhstan and the Government of Japan, signed in Astana on August 27, 2004, is accurate.

Vice Minister of Economy and Budget Planning of the Republic of Kazakhstan

President

Republic of Kazakhstan

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