On the ratification of the Agreement on the Establishment of the Institute of Central Asian Regional Economic Cooperation

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The Law of the Republic of Kazakhstan dated June 5, 2023 No. 6-VIII SAM.

To ratify the Agreement on the Establishment of the Institute of Central Asian Regional Economic Cooperation, signed in Islamabad on October 26, 2016 with the following reservation to paragraph (c) of article 21:

"Members of the CI staff are exempt from taxation of their salaries and remuneration paid to them by the CI, with the exception of citizens of the Republic of Kazakhstan.".

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

Agreement on the Establishment of the Institute of Central Asian Regional Economic Cooperation

The Contracting Parties,

Taking into account the need to establish a center for scientific research and capacity building in order to improve the quality and effectiveness of the Central Asian Regional Economic Cooperation Program (hereinafter referred to as "TSAREC"), as well as the agreement on the establishment of a physical base for the Institute of Central Asian Regional Economic Cooperation in the region, which was reached at the 11th Ministerial Conference The Central Asian Regional Economic Cooperation Program, held in Wuhan (People's Republic of China) on October 30, 2012;

Desiring to establish the Institute of Central Asian Regional Economic Cooperation as an intergovernmental organization under the auspices of the Ministerial Conference of the Central Asian Regional Economic Cooperation Program, which can carry out its functions as an organization with full legal personality;

Recognizing that the Central Asian Regional Economic Cooperation Institute has been identified as one of the operational priorities of CAREC in order to provide services to its members, and in this regard should adhere to the principles of equality, equity and balance reflected in the Ministerial Statement on the Establishment of the Physical Base of the Central Asian Regional Economic Cooperation Institute, which was approved on 13-6th Ministerial Conference of the Central Asian Regional Economic Cooperation in Bishkek, Kyrgyz Republic, November 6, 2014;

Convinced that the establishment of the Institute of Central Asian Regional Economic Cooperation will serve as an important step towards regional economic cooperation and progress;

We have agreed on the following.

Chapter 1 Institution, purpose and functions

Article 1. Establishment

By this Agreement, the Contracting Parties establish the Institute of Central Asian Regional Economic Cooperation (hereinafter referred to as the "CI") as an intergovernmental organization with full legal personality, which will be endowed with the privileges and benefits necessary to carry out its prescribed functions in accordance with this Agreement.

Article 2. Purpose, relationship with CAREC

The purpose of establishing CI is to enhance the quality of CAREC by creating knowledge and developing the capacity for effective regional cooperation in order to achieve the goal of accelerating economic growth in the CAREC region.

Article 3. Membership

(1).

(a) The definition of "CI Member Country" used in this Agreement means a signatory that has submitted an instrument of ratification, acceptance or approval to the depositary for safekeeping.

(b) The Signatory Party will be endowed with all the rights of a CI Member Country in accordance with this Agreement, despite the fact that it has not submitted the instrument of ratification to the depositary for storage, acceptance or approval until two years have passed since the entry into force of this Agreement, or until two years have passed. from the moment she became a signatory, depending on which of these two events comes later.

(c) A signatory that has not submitted an instrument of ratification to the depositary for storage, acceptance or approval by the date two years after the entry into force of this Agreement or by the date two years after it becomes a signatory, whichever is the case. It will come later, - may, nevertheless, participate in the affairs and programs of the CI and attend meetings of the Governing Council as a participant without the right to make decisions, but until it becomes a Member Country of the CI: (i) its consent to the decisions of the Governing Council will not be required, (ii) its representative will not will be able to serve as Chairman of the Governing Council, and (iii) she will not have the right to appoint or nominate anyone for any position in the leadership (matters specified in sub-paragraphs (i), (ii) and (iii) of this paragraph (1) (c) of Article 3, hereinafter referred to as "Management Rights").

(2). The Governing Council may grant observer status to non-CAREC member countries and organizations that may assist the CI in achieving its objectives, with such appointments, rights, responsibilities, and privileges as may be determined by the Governing Council, but without governing rights.

(3).

(a) A CI member country that is withdrawing from CAREC must notify the depositary of its withdrawal from the CI and may inform the CI of its desire to continue participating in the CI as an observer. Such notification will constitute the notice of withdrawal provided for in subparagraph (b) of paragraph (3) of this article 3, and any request for continued participation as an observer will be forwarded to the Governing Council for consideration.

(b) Any CI Member Country may withdraw from the CI at any time by giving a written notification to the depositary. The withdrawal of an IC Member Country from the IC shall take effect and its membership shall terminate on the date indicated in its notification, but in any case not earlier than six (6) months after the date of receipt of the notification by the depositary.

(c) A Member country withdrawing from the CI continues to be responsible for all its duties and obligations to the CI, of which it was a subject on the date of termination of its membership.

Article 4. Functions

To achieve your goal, IT:

(1). Reports to CAREC on its past and proposed programs at each annual meeting of the CAREC Ministerial Conference;

(2). aligns its programs with the strategic objectives of CAREC;

(3). offers innovative solutions based on the exchange of best practices to enable CI member countries to respond to regional challenges and implement cooperation processes;

(4). Empowers government officials of CI member countries to participate in regional cooperation processes, enhance their capacity to plan and implement regional cooperation projects, and enhance their skills for informed policy analysis;

(5). Conducts strategic research by mobilizing world-class intellectual resources to enhance the potential for regional cooperation and accelerated economic growth in the CAREC region;

(6). ensures the effectiveness of scientific research in CAREC and between CI member countries through joint or collective projects and wide dissemination of scientific research data and results; and

(7). Develops a network of research institutions in the CAREC region as a resource base for strategic research and knowledge sharing, consisting of, among others, universities, research centers, and development institutes.

Article 5. Principles of operations

(1). CI operations will have to follow principles consistent with public international law and good governance standards, and will have to apply the best practices of international organizations that may be necessary to achieve the purpose and perform the functions of CI.

(2). The nature of CI as a regional economic cooperation entity supporting CAREC should be reflected in all aspects of its activities, including decision-making, staffing, access to training, and the right to access information.

(3). CI operations should be balanced and fair, taking into account, when planning or carrying out their work, the totality of the needs of CI member countries, without giving undue advantage to any one country.

(4). CI's capacity development services will be evenly distributed among CI member countries based on their needs in building their capacity to further strengthen regional cooperation.

(5). The CI program will reflect the strategic objectives of CAREC, as appropriate, as established by the Ministerial Conference of the Central Asian Regional Economic Cooperation Program (hereinafter referred to as the "CAREC Ministerial Conference").

Chapter 2 Management Article 6. Structure

The CI's management structure consists of a Governing Council, an Advisory Board, management, and staff.

Article 7. Governing Council: composition

As used under this Agreement, the term "Governing Council" means a body comprising one representative from each CI Member Country, selected by the Government of each CI Member Country, as communicated through the ministers who represent these countries at the CAREC Ministerial Conference, and acting in accordance with the terms of this Agreement and such procedures which they, if necessary, establish among themselves on the basis of consensus. The Asian Development Bank is invited to participate in the meetings of the Governing Council as a member without decision-making rights.

Article 8. Governing Council: powers

(1). All powers of the CI are assigned to the Governing Council.

(2). The Governing Council may instruct the CI to establish such subsidiary bodies of the CI as may be necessary or appropriate to achieve the objectives of the CI.

Article 9. Governing Council: structure

(1). The position of Chairman of the Governing Council alternates annually among all CI member countries in alphabetical order, starting with the country that serves as Chairman of CAREC during the year in which this Agreement enters into force, provided that the Chairman cannot be a citizen of the same country as the Director. Unless another mechanism is determined by the Governing Council, the term of office of each chairman lasts from the end of one annual meeting of the CAREC Ministerial Conference to the end of the next annual meeting of the CAREC Ministerial Conference. The Chairman convenes meetings of the Governing Council and has such other powers and duties as are set out in the rules of procedure of the Governing Council.

(2). Each member of the Governing Council appoints a substitute person who, in the absence of a member, will have the full right to act as his or her representative on the Governing Council.

(3). The members of the Governing Council are such without receiving remuneration from the CI.

Article 10. Governing Council: responsibilities

The Governing Council is responsible for defining and ensuring the strategic management of CI operations in accordance with the objectives, functions and principles set out in Articles 2, 4 and 5 of this Agreement, and in particular:

(1). exercises strategic control, determines the policy directions of the CI and provides overall management of the CI's activities;

(2). approves the organizational structure and staffing table, as well as any changes in the organizational structure and staffing table;

(3). supervises the process of appointment, temporary suspension or dismissal from office of the Director and Deputy directors;

(4). appoints, suspends or dismisses members of the Advisory Council from their official duties.;

(5). examines such reports prepared by the Director and staff, and such recommendations and other data provided by the Advisory Board, which, as necessary, will determine

The Governing Council;

(6). Approves rules, procedures and regulations;

(7). Approves the annual and medium-term work program;

(8). approves the policy of external relations of the CI;

(9). monitors the activities of the CI and monitors its results;

(10). examines and approves its annual report, which defines the performance indicators of the functions and responsibilities of the CI and contains a report on the financial accounts and staffing levels of the CI, reviewed by the auditor;

(11). Approves observer status in accordance with paragraph (2) of Article 3 of this Agreement for non-CAREC member countries and organizations;

(12). approves agreements with the host country;

(13). establishes such committees as are necessary and appropriate to facilitate the implementation of the general activities of the CI;

(14). annually reviews the financial situation of the CI and approves the annual budget of the CI;

(15). performs other functions specified in this Agreement for its performance, and other such functions as are necessary to achieve the objectives, roles and objectives of the CI in accordance with the objectives, functions and principles set out in Articles 2, 4 and 5 of this Agreement.

Article 11. Governing Council: procedures

(1). The Governing Council meets at least once a year, and as often and in such a place as, in its opinion, is necessary for its activities.

(2). The quorum for any meeting of the Governing Council shall be a simple majority of the representatives of the member countries of the CI on the Governing Council or their surrogates.

Article 12. Decision-making

Decisions of the Governing Council are made based on the consensus of all members of the Governing Council who have management rights.

Article 13. Advisory Board

(1). The Governing Council appoints at least three members of the Advisory Board, selected from among renowned thinkers, academics, or public figures who are outstanding experts in relevant fields or disciplines related to the priorities of CAREC.

(2). The Advisory Board will act as a platform for discussing opinions and a source of new ideas for CI, offering ideas and approaches for expanding CI strategies and operations.

(3). Members of the Advisory Board may receive compensation in accordance with the standards determined by the Governing Board.

(4). The Director or his/her representative will act as the Secretary of the Advisory Board.

Article 14. Management and staff

(1). The organizational structure, management and personnel of the CI will be guided by the following objectives:

(a) Respect for the principles of equal ownership, regionality, equity and balance;

(b) improving the efficiency and effectiveness of CI operations;

(d) Balanced representation of countries.

(2).

(a) The recruitment and selection of candidates for senior and staff positions follows sound international practices that are transparent and fair, based on merit, and without discrimination based on gender, race, or religious beliefs.

(b) When appointing international staff, the Director, taking into account the paramount importance of ensuring the highest standards of efficiency and technical competence, pays due attention to the selection of professional staff generally from CI member countries.

(3). The Governing Council appoints a Director and two Deputy Directors, who will act as the management of the CI ("Management") and perform their duties under conditions determined by the Governing Council.

(4). Unless otherwise directed by the Governing Council, Management participates in meetings of the Governing Council without the right to make decisions.

(5). Director:

(a) is accountable to and under the general direction of the Governing Council;

(b) is the head of the CI and, unless otherwise decided by the Governing Council, is responsible for the organization of the staff and the effectiveness of the CI as a whole.;

(d) submits an annual report to the Governing Council;

(e) acts as the Secretary of the Governing Council; and

(f) Submit the staffing plan, annual budget, annual and medium-term work programmes to the Governing Council for consideration and approval.

(6). In carrying out their functions, Management and staff are responsible for fulfilling their duties exclusively to the CI and to no one else. CI member countries respect the international nature of these responsibilities and refrain from any attempt to influence any of the Management or staff in the performance of their functions.

Article 15. Financial management

(1). The CI should be provided with the necessary financial and other resources for the effective performance of its functions through voluntary contributions from the CI member countries and other funds, subject to approval by the Governing Council.

(2). The CI establishes financial rules and procedures in accordance with international standards. The CI must maintain reasonable and sound financial management policies and practices and maintain budgetary discipline.

(3). The CI will not borrow funds.

(4). The IC's fiscal year begins on January 1 and ends on December 31 of each year.

Article 16. Communications

(1). Each Member Country of the CI may designate an official body with which the CI may contact on any issues arising under this Agreement. The CI should direct all such communications to this designated official body.

(2). The official language of the CI is English, while other languages may, if necessary, be used as working languages with the necessary financial support.

Article 17. Location

(1). The head office of the CI will be located in the People's Republic of China.

(2). The CI may establish branches in any CI member countries approved by the Governing Council.

(3). The CI signs a host country agreement with each country in whose territory the CI office is physically located.

Chapter 3 Status, privileged position and benefits Article 18. Purpose of granting status, privileged position and benefits

CI, members of the Governing Council and their surrogates, members of the Advisory Council, staff and consultants of CI or experts carrying out missions for CI (hereinafter referred to as "CI Personnel") are entitled to the privileges and benefits set out in this Agreement on the territory of all CI member countries to ensure the CI's ability to function in as an intergovernmental organization to develop regional economic cooperation.

Article 19. Legal status of CI

The CI is a full-fledged legal entity and, in particular, has full legal capacity in order to:

(1) conclude contracts;

(2) to acquire and alienate immovable and movable property;

(3) initiate legal proceedings and act as a defendant in court; and

(4) to take such other actions as may be necessary or useful for his task and activity.

Article 20. Privileged position and benefits for CI

(1). The CI shall enjoy the privileged position and benefits provided for in this Agreement, except in cases where it expressly waives its privileged position and benefits.

(2). All CI member countries shall ensure the safety of CI's property, assets, archives and documents in accordance with their legislation, to the same extent that they ensure the safety of the property, assets, archives and documents of any similar intergovernmental organization, subject to any specific agreement between CI and such Member Country. ITS.

(3). Each CI Member Country grants privileges and benefits to the official communications of the CI to the same extent as it grants privileges and benefits to the official communications of any similar intergovernmental organization, depending on any specific agreement between the CI and such CI Member Country.

(4). The CI and its assets, property, income, operations and transactions are exempt from taxation, provided, however, that the CI does not require exemption from excise taxes and taxes included in utility tariffs, unless otherwise specified in a separate agreement between the CI and the Member Country.

Article 21. Privileged position and benefits for CI Staff

(1). Members of the CI Staff:

(a) if they are not local residents or citizens of the relevant CI Member Country, they should be given the same preferential treatment regarding immigration restrictions, as well as the same obligations to provide national services and currency exchange restrictions that are provided by each CI Member Country to representatives and employees of a comparable rank of a similar intergovernmental organization;

(b) have the same status with respect to movements that is granted by the CI Member Country to representatives and staff of comparable rank of any similar intergovernmental organization; and

(c) are exempt from taxation of their salaries and emoluments paid to them by the CI, except in cases where the CI Member Country, together with its instrument of ratification, acceptance or approval, submits a declaration stating that such member reserves for itself and its political subdivisions the right to tax salaries and emoluments, depending on circumstances paid by the CI to citizens or subjects of such a CI Member Country.

(2). The CI and the Staff of the CI must comply with the laws of the countries in which they operate on behalf of the CI, and must not interfere in the political affairs of such countries.

Article 22. Implementation

Each CI Member Country must take the necessary measures to bring into force in its own territory the legal status, privileged position, benefits and mechanisms provided to CI and CI staff, which are set out in this Chapter 3, as well as inform CI of the measures taken in this regard.

Chapter 4 Final provisions Article 23. Amendments and additions

(1). Amendments and additions may be made to this Agreement based on the consensus of all CI member countries, and such amendments and additions must be formalized in the form of a separate protocol, which is an integral part of this Agreement.

(2). Any proposal by a CI Member Country regarding amendments and additions to this Agreement shall be brought to the attention of the Chairman of the Governing Council as soon as possible, who shall submit such a proposal for consideration by the Governing Council. After the change has been accepted, the CI certifies this fact with an official message addressed to all CI member countries. Amendments and additions will enter into force for all CI member countries three months after the date of the official notification, unless the Governing Council determines other dates.

Article 24. Interpretation and settlement of disputes

(1). CI member countries should seek to resolve disputes regarding the interpretation or application of this Agreement through negotiations within six (6) months of the occurrence of such disputes.

(2). Any dispute that cannot be resolved in accordance with the preceding paragraph (1) shall be referred to the Governing Council, which will seek to resolve such dispute by consensus of all members of the Governing Council who do not represent the parties to the dispute.

(3). No Signatory Party or CI Member Country may take any legal action against CI.

Article 25. Signing and depositing

The depositary of this Agreement is the IC (hereinafter referred to as the "depositary"). The Depositary shall transmit certified copies of the signed Agreement to all signatories.

Article 26. Ratification, acceptance, approval or accession

(1). This Agreement is subject to ratification, acceptance or approval by all CI member countries (hereinafter referred to as the "Signatories"), whose duly authorized representatives sign this Agreement. Instruments of ratification, acceptance or approval shall be deposited with the depositary, who shall notify the other signatories of the fact and date of such transfer.

(2). Any country that becomes a member of CAREC may become a signatory to this Agreement.

Article 27. Entry into force

This Agreement shall enter into force on the day following the transfer of instruments of ratification, acceptance or approval to the depositary by at least three CAREC member countries, including the host country of the CI head office.

In witness whereof, we, the undersigned, duly authorized by our respective Governments, have signed this Agreement.

Done at Islamabad, Pakistan, this twenty-sixth day of October, two thousand and sixteen, in a single original copy in the English language, which will be deposited with the depositary.

For the Government of the Islamic Republic of Pakistan For the Government of the People's Republic of China For the Government of the Kyrgyz Republic For the Government of the Republic of Uzbekistan For the Government of the Islamic Republic of Afghanistan For the Government of the Republic of Azerbaijan For the Government of the Republic of Kazakhstan For the Government of Mongolia For the Government of the Republic of Tajikistan For the Government of Turkmenistan

Reservation of the Republic of Azerbaijan to the Agreement on the Establishment of the Institute of Central Asian Regional Economic Cooperation

In accordance with subparagraph (c) of paragraph 1 of article 21 of the Agreement on the Establishment of the Institute of Central Asian Regional Economic Cooperation, the Republic of Azerbaijan declares that it reserves the right to tax salaries and remuneration paid by the Institute of Central Asian Regional Economic Cooperation to Azerbaijani citizens.

Reservation of the Republic of Kazakhstan to the Agreement on the Establishment of the Institute of Central Asian Regional Economic Cooperation

"Members of the CI staff are exempt from taxation of their salaries and remuneration paid to them by the CI, with the exception of citizens of the Republic of Kazakhstan.".

I hereby certify that this translation corresponds to the text of the Agreement on the Establishment of the Institute of Central Asian Regional Economic Cooperation in English, signed on October 26, 2016 in Islamabad.

Vice Minister

national economy

Republic of Kazakhstan

A. Abdikarimov

President

Republic of Kazakhstan

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