On the ratification of the Framework Agreement on Technical Assistance between the Government of the Republic of Kazakhstan and the Asian Development Bank

Home / RLA / On the ratification of the Framework Agreement on Technical Assistance between the Government of the Republic of Kazakhstan and the Asian Development Bank

Law of the Republic of Kazakhstan dated January 11, 2008 No. 17-IV

To ratify the Framework Agreement on Technical Assistance between the Government of the Republic of Kazakhstan and the Asian Development Bank, signed on October 5, 1995.

President of the Republic of Kazakhstan

Framework Agreement on Technical Assistance between the Government of the Republic of Kazakhstan and the Asian Development Bank dated October 5, 1995

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on January 11, 2008)

FRAMEWORK AGREEMENT ON TECHNICAL ASSISTANCE

Agreement dated October 5, 1995 between the GOVERNMENT of the REPUBLIC of KAZAKHSTAN (hereinafter referred to as the Government) AND THE ASIAN DEVELOPMENT BANK (hereinafter referred to as the Bank). Whereas (A) the Government applies to the Bank from time to time for technical assistance (hereinafter referred to as Technical Assistance); and (B) the Bank and the Government wish to approve a set of general terms and conditions under which the Bank will provide all such Technical Assistance; HERE, THEREFORE, the parties hereby agree about the following:

ARTICLE I

Application of this Agreement

Paragraph 1.01. The Bank provides, in accordance with Paragraph 1.02 of this Agreement, Technical Assistance to the Government under the terms of this Agreement and its own terms of implementation of this Technical Assistance. Each Technical Assistance provided under this Agreement must also comply with the terms of the letter sent between the Bank and the Government, including the relevant annexes (hereinafter referred to as the TP Letter), through which the Bank and the Government determine the specifics of this Technical Assistance and the appropriate allocation of responsibilities of the Government and the Bank in relation to this Technical Assistance. Paragraph 1.02. Technical assistance is provided by the Bank under this Agreement only upon request submitted by the Government and approved by the Bank. Such Technical Assistance is provided directly to the Government, or to a party designated by the Government.

ARTICLE II

Technical assistance, consultants

Paragraph 2.01. (a) The content of each Technical Assistance provided by the Bank is set out in the corresponding TP Letter. (b) The provision of Technical Assistance is carried out in accordance with the general conditions set out in this Agreement and the Annex to this Agreement, and the special conditions of the relevant TA Letter. (c) For the purposes of this Agreement, "Enforcement Agency" means the organization, if any, identified as such in the TA Letter. Paragraph 2.02. (a) Technical assistance is provided by consultants who, as much as possible, include experts in the fields indicated in the relevant TA Letter. (b) The term "Consultants" used in this Agreement refers to international and local consultants, as well as individual consultants and consulting companies that provide the experts specified in the relevant TA Letter. Paragraph 2.03. Consultants are guided by the terms of reference set out in the annex to the relevant TP Letter. Such terms of reference may be amended through a written agreement between the Government and the Bank, or between the Government, the Executive Agency and the Bank, as appropriate. Paragraph 2.04. The Bank may provide Technical Assistance under this Agreement in any of the following forms, each of which is carried out, provided or procured using methods satisfactory to the Bank: (a) expert services specified in Paragraph 2.02 of this Agreement; (b) equipment and materials purchased in accordance with requirements satisfactory to the Bank; (c) training, seminars, classes or conferences, and similar events; (d) co-financing of such Technical Assistance provided from any other external source; and (e) any other form of technical assistance that may be approved by the Government and the Bank for inclusion in the framework of such technical assistance.

ARTICLE III

Attracting and financing consultants

Paragraph 3.01. Unless the Bank agrees otherwise, the Bank engages the services of Consultants. Paragraph 3.02. (a) The Bank shall finance such expenses in foreign currency and local currency, as indicated in the relevant TA Letter, in accordance with Paragraph 4.03 of this Agreement regarding Technical Assistance for the preparation of the Project. (b) The payment of local taxes and fees as part of any Technical Assistance is not funded.

ARTICLE IV

Government obligations

Paragraph 4.01. The Government, or an Executive Agency, or both, provides appropriate local staff on a full-time basis to work with and assist Consultants in providing Technical Assistance. Paragraph 4.02. The Government or the Executive Agency finances those parts of such Technical Assistance, and implements or leads to the implementation of those additional obligations, each of which is later defined in the corresponding TA Letter. Paragraph 4.03. If the Bank defines any Technical Assistance as Technical Assistance for the Preparation of the project, and if such Technical Assistance implies further financing of the development project from an external source, the amount of the Bank's financing of such Technical Assistance, if such Technical Assistance is not provided in full in the form of a grant, shall be reimbursed to the Bank as follows: (i) if such financing is fully or partially provided by the Bank, the Bank has the right to include in it and receive from it, as soon as the financing agreement enters into force, this part of the financing of such Technical Assistance provided in this way by the Bank, which exceeds the equivalent of the amount indicated in the relevant TA Letter of such Technical Assistance.; or (ii) if such financing is provided in whole or in part by another external source, The Government will do everything possible to reimburse the Bank, as soon as the financing agreement enters into force, for the full cost of such Technical Assistance provided by the Bank. In the event that such financing is thus provided by an external source, which was identified in the TP Letter, the Government shall ensure that the Bank reimburses the full cost of such Technical Assistance provided by the Bank, plus a service fee of ten percent (10%) of this amount from the said external source directly or through the Government, as soon as The financing agreement will enter into force.

ARTICLE V

Other conditions

Paragraph 5.01. This Agreement comes into force at the time of its conclusion by the parties. IN WITNESS WHEREOF, the parties have hereby brought this Agreement to be signed by their respective names and submitted to the Bank's headquarters on the date and year indicated above.

Government of the Republic of Kazakhstan ___________________________ A.S. Pavlov

Asian Development Bank ___________________________ E. Watanabe

application

General terms and conditions for providing technical assistance

A. Cooperation

1. The Government cooperates with the Bank and Consultants to ensure the timely and effective implementation of each Technical Assistance and, for this, conducts appropriate training of its employees, proxies and representatives.

B. Exchange of views; reports

2. The Government and the Bank, from time to time, at the request of one of the parties, exchange views on any Technical Assistance and discuss any reports prepared by Consultants and the implementation of any recommendations made in these reports. 3. The Bank may use any reports prepared by Consultants for any purposes that the Bank may consider acceptable, and these reports may be published, unless otherwise agreed between the Government and the Bank.

B. Further assistance provided by the Bank

4. The provision of any Technical Assistance does not oblige the Bank to provide financial or additional technical assistance to the Government regarding the implementation of the Consultants' recommendations.

D. Suspension; termination

5. (a) The Government may at any time request the Bank in writing to terminate any Technical Assistance. (b) The Bank may at any time suspend or, after agreement with the Government, terminate any Technical Assistance if any circumstances arise that, in the Bank's opinion, hinder or threaten to hinder the successful implementation of such Technical Assistance, the achievement of its objectives, or the implementation of such Technical Assistance in accordance with the terms of this Agreement or the relevant Letter. SO on. 6. If any Technical Assistance is suspended or terminated, the Government and the Bank shall coordinate among themselves all subsequent actions that may be necessary or desirable in relation to such Technical Assistance.

D. Benefits and privileges of Consultants

7. Consultants have the status of experts working for the Bank and are entitled to the benefits and privileges granted to such experts under the terms of the Agreement of the establishment of the Asian Development Bank. Without limiting the applicability of these terms,

(i) Consultants are not subject to prosecution in respect of all actions performed by them as Consultants within the framework of the Technical Assistance for which they were engaged, unless the Bank agrees otherwise; (ii) Consultants and their families (if they are not citizens of the Republic of Kazakhstan) immigration restrictions, registration requirements for foreign citizens and civil duties of the Republic are not applied. Kazakhstan; and (iii) Consultants may import into the Republic Kazakhstan has sufficient amounts of money in foreign currency for the purpose of providing Technical Assistance or for personal use, and may export from the Republic of Kazakhstan similar amounts of money in foreign currency, as well as other amounts of money received there by Consultants and related to the implementation of Technical Assistance.

8. The Government must timely:

(i) provide Consultants and their families with entry and exit visas, residence and foreign currency exchange permits, and travel documents necessary for their stay in the Republic of Kazakhstan; (ii) provide Consultants with work permits and any other documents necessary to authorize them to carry out their work within the framework of Technical Assistance, for which they were attracted to; and (iii) to carry out customs clearance of any equipment and materials necessary for such Technical Assistance and other personal property (including, if necessary, vehicles) and household goods of Consultants and their families.

9. (a) The Government exempts Consultants from, or bears the cost of, paying for;- all taxes, fees and other payments levied in accordance with the current legislation in the territory of the Republic of Kazakhstan in respect of:

(i) any payments made to Consultants related to the implementation of any Technical Assistance; (ii) any equipment, vehicles and materials imported into the territory of the Republic Kazakhstan for the purposes of implementing such Technical Assistance, which will be used there or subsequently exported from there, or which will become the property of the Government; and (iii) any personal property (including, if necessary, vehicles) of Consultants and their families imported into the territory of the Republic of Kazakhstan, which will be used there or subsequently exported from there.

(b) If any of the property referred to in sub-paragraphs (ii) and (iii) above is not exported from the Republic of Kazakhstan after completion of any Technical Assistance and does not become the property of the Government, the Government shall allow the transfer of such property within the country in accordance with the relevant Government regulations or in accordance with the conditions agreed between the Government and Consultants. If the acquisition of such property is financed by the Bank as part of Technical Assistance, it can be transferred by the Bank to the Government on terms satisfactory to the Government and the Bank.

E. Guarantee of Government responsibility

10. The Government is responsible for handling any claims related to, or caused by, any Technical Assistance that may be brought by a third party against the Bank or the Consultants. The Government shall release the Bank and the Consultants from paying the costs, claims, damages or liability related to or caused by actions or omissions in relation to any Technical Assistance, except in cases where the Government and the Bank recognize that such actions and omissions are caused by gross negligence or deliberate violations on the part of the Consultants.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases