On the ratification of the Loan Agreement between the Republic of Kazakhstan and the Islamic Development Bank for participation in financing the Scientific Center of Surgery named after Syzganov and the Children's Rehabilitation Center
Law of the Republic of Kazakhstan dated June 29, 1998 No. 251
To ratify the Loan Agreement between the Republic of Kazakhstan and the Islamic Development Bank for participation in financing the Scientific Center of Surgery named after Syzganov and the Children's Rehabilitation Center, signed on February 15, 1998.
President of the Republic of Kazakhstan
Loan agreement between the Republic of Kazakhstan and the Islamic Development Bank for participation in financing the Scientific Center of Surgery
named after Syzganov and the Children's Rehabilitation Center
This Agreement was concluded on February 15, 1998, between The Government of the Republic of Kazakhstan (hereinafter referred to as the "Borrower") and the Islamic Development Bank (hereinafter referred to as the "Bank").
In view of the fact that (A) The Borrower applied to the Bank with a request to finance part of the cost of (1) the Scientific Surgery Center named after Syzganov and (2) the Children's Rehabilitation Center (hereinafter referred to as the "Project"), specified in Annex II of this Agreement, through the provision of a loan, as provided below; (C) One of the objectives of the Bank is to assist member countries through the provision of loans to finance effective projects and programs; (C) The Project is considered technically researched and justified in economic and financial aspects; (D) The Bank agrees, on the basis of the above, to provide a loan to the Borrower on the terms and conditions set forth below; Consequently, the parties agreed on the following:
Article I
General Terms and Conditions, Definitions Section 1.01. General Terms and Conditions: The Parties to this Agreement accept all provisions of the General Terms and Conditions applicable to the Bank's Loan and Guarantee Agreements dated 11/8/1976 (hereinafter referred to as the "General Terms and Conditions") with the same force and effect as if they were further fully set forth in this The agreement. Section 1.02. Definitions: As used in this Agreement, until the content requires otherwise, some terms defined in the General Terms and Conditions have their respective meanings in this Agreement, and some additional terms have the following meanings: (a) "Effective Date" means the date on which the Agreement is declared effective by the Bank in accordance with with an agreement between the Bank and the Borrower. (b) "Executive Agency" means the Ministry of Health, with the assistance of the Scientific Surgery Center. Syzganov and the Children's Rehabilitation Center. (c) "Project" and references to its "parts" mean the project and its parts described in Annex II of this Agreement.
Article II Loan
Section 2.01. Amount: The Bank agrees to provide the Borrower with an amount from its usual resources not exceeding the equivalent of five million one hundred thousand Islamic dinars (ID.5,100,000). The Islamic dinar, as defined in Article 4 (1) (a) of the Agreement established by the Bank, is equivalent to one special drawing right in the International Monetary Fund. Section 2.02. Except in cases when the Bank enters into contracts for goods and services financed from Loan funds, the goods and services must be purchased in accordance with the procedures established by the Bank. In this case, the Borrower must adhere to the Provisions of the Organization of the Islamic Conference regarding the boycott of Israel.
Article III Depreciation, fees for services and places of payment Section 3.01. Depreciation: The borrower must pay the principal amount of the loan after twenty-five years (25), including a grace period of seven years (7), commencing from the date of this Agreement in thirty-six (36), equal and consecutive semi-annual installments, in accordance with Annex 1-(A) this Agreement. Section 3.02. Service fee (a) The Borrower must pay the service fee to the Bank in the initial amount of two hundred and fifty-four thousand five hundred and ninety-two Islamic dinars (ID.254,592) in accordance with the procedure set out in Appendix 1-(C) of this Agreement. (b) It has been agreed between the parties to the Agreement that the initial amount of the service fee related to subsection 3.02(a) does not exceed the estimate determined in accordance with the implementation period and the repayment period of the entire loan amount, as provided herein. It was further agreed that the actual amount of the service fee should be calculated after the completion of the project, provided that the actual amount calculated in this way should not exceed 2.5% (two and a half percent) per annum of the loan amount. (c) The service fee will increase from the date of this Agreement.
Section 3.03. Places of payments: All payments, including the refund of the principal amount, must be considered to have been properly made after the funds making up such payments have been transferred to an account designated by the Bank for this purpose. Section 3.04. Without prejudice to the generality of Section 3.03., all payments must be deemed to have been properly made.: (a) If such payment is made in US dollars, each of the following banks confirms to the Bank the receipt of such payment to the IDB account: (i) Account no. 001591.11 International Bank of Saudi Arabia 99, Vishors Gate, London EU 2M ZTV Telex: 8812261, 8812262 (ii) Account no. B10507 Arab Banking Corporation R.O.Voh: 5698, Mapama, Bahrain Telex: 9385, 9431/2/3, 9442 ABCBAH BN (b) If such payment is made in French francs, the following bank confirms to the Bank the receipt of such payment to the IDB account: Account No. 96965.9.001.00 Union De Banques Arabes Et Francaises (U.V.A.F.) 190 Avenue Charles De Gaulle 92523 Neuilly CE, France Telex: 610334 UBAFRA (c) If such payment is made in pounds sterling, the following bank confirms to the Bank the receipt of such payment to the account in the IDB: Account No. 708372 Gulf International Bank 2-6 Canon Street London EC 4Ministry 6XP Telex: 8813326, 8812889
Article IV Withdrawal of funds and use of loan funds Section 4.01. Withdrawal of funds: the loan amount may be withdrawn from the Borrower's account in accordance with Annex III and other terms of this Agreement, the Bank's General Terms and Payment Procedures, in order to cover the costs of purchasing goods and services necessary and subject to financing under this Agreement. Section 4.02. Date of the request for the first payment: If within 180 days from the effective date of the Agreement or such later date as will be agreed between the Borrower and the Bank, the Borrower's request for the first payment is not submitted to the Bank for consideration, the Bank may terminate this Agreement by duly notifying the Borrower. Section 4.03. The final date of December 31, 2000, or such later date as will be agreed between the Borrower and the Bank, is the final date of withdrawal of the loan funds for the purposes of Section-6.OZ.(c) General Terms and Conditions. Section 4.04. Use of loan funds: All amounts withdrawn by the Borrower from the loan account must be used exclusively for the purposes of the Bank-funded project.
Article V Project execution Section 5.01. The borrower guarantees the following: a) To execute the project, carry out operations on it and act through An Executive Agency, with due diligence and efficiency, and in accordance with current administrative, financial, engineering and economic practices, under the supervision of qualified and experienced managers and staff, and in accordance with the investment schedule, budgets, plans and specifications regarding the project submitted to the Bank for consideration and approved by it; b) Submit to the Bank for approval, in as much detail as is acceptable to the Bank, any envisaged important changes to the budgets, plans and specifications of the project, along with significant changes to any contract for the purchase of goods or services related to the execution of the project. Section 5.02. Without any restrictions on any of its other obligations under this Agreement, the Borrower must allow the Bank, within a reasonable period of time, to comment on any significant changes or any extension of any contract for the purchase of goods or services related to the execution of the project.
Article VI Additional Preliminary requests before payment by the Bank Section 6.01. The Borrower must, prior to submitting the first withdrawal request, determine the competitive bidding procedure that he proposes to comply with or will make every effort to comply with, in accordance with Section 2.02 of this Agreement, and obtain the Bank's approval. Article VII Special Conditions Section 7.01. The borrower must immediately provide, upon request, all amounts, including the cost in local currency and overruns, that are necessary to complete the project, under conditions that satisfy the Bank. Section 7.02. Unless otherwise agreed between the Bank and the Borrower, the Borrower must award all engineering and construction contracts financed from the loan for the project through internal competitive bidding, and award all contracts for the purchase of equipment through international competitive bidding, and must seek approval from the Bank to award any a contract worth more than one hundred and fifty thousand Islamic dinars (150,000). Section 7.03. Upon approval, the Borrower must immediately provide the Bank with justifications, plans and specifications for the project, a timetable for its implementation and any changes subsequently made to the materials, as detailed as the Bank will request from time to time. Section 7.04. The borrower should organize and keep records on the identification of the goods financed by the loan in order to determine their use in the project, should record the results achieved on the project and reflect, in accordance with well-established accounting practices, transactions and financial position. The Executive Agency. Section 7.05. The Borrower must provide any acceptable opportunity for accredited representatives of the Bank to visit for purposes related to the loan, as well as to verify the completion of the project, goods and any relevant records and documents; at the same time, the Borrower must provide the Bank with all necessary information requested by the Bank regarding the costs of the loan, project, goods, operations and financial situation of the Executive Agency. Section 7.06. In order to complete and manage the project, the Borrower enters into agreements with the Executive Agency, according to which the Executive The Agency will operate throughout its term in accordance with the rules and regulations, in a form and content that satisfies the Bank, and will have such powers, system, and management bodies as are required for the proper and effective implementation of the project. Section 7.07. The borrower must insure or make every effort to ensure that a reliable insurer insures all goods financed from the loan funds. Such insurance should cover maritime, transit and other risks that arise accidentally during the sale and import of goods into the Borrower's territory and their delivery to the project site, as well as such amounts that are consistent with established commercial practice. Such insurance will be carried out in accordance with the laws of the Borrower on the condition that the goods will be reinsured by a company that will make insurance payments in foreign currency. Section 7.08. The Borrower must act in such a way as to provide, in such a form and when necessary, the land and all rights to it, if necessary for the implementation of the project, and must provide the Bank, upon request, with a certificate certifying the Bank that such land and rights to it are suitable for the purposes of the project. Section 7.09. The Borrower must take the necessary actions to grant the Executive Agency the right to execute the project, and must not perform or allow anyone to perform actions that would interfere with the execution or operation of the project, or the fulfillment of any terms of this Agreement. Section 7.10. All bank documents, records, correspondence and other materials must be considered confidential by the Bank and the Borrower.
Article VIII Reporting Section 8.01. a) The Borrower and the Bank must cooperate fully with each other in order to achieve the objectives of the loan. To do this, the Borrower and the Bank must provide each other with all necessary information regarding the overall condition of the loan. The borrower, for its part, will provide information regarding the financial and economic conditions in its territory, as well as the state of its balance of payments. b) The Borrower and the Bank should from time to time, at the request of the other party, exchange views through their representatives on the purpose of the loan, the use of services and the fulfillment by the Borrower of its obligations under this Agreement. The agreement. Section 8.02. The Borrower will ensure that the following reports are submitted or will make every effort to submit to the Bank in a form acceptable to the Bank and within the time limits set for each: i) Within thirty (30) days after the end of each quarter of the calendar year or during such other period as may be agreed between the parties, project performance reports in a form determined from time to time by the Bank; ii) Such other reports as the Bank may request regarding loan amortization and project performance; (iii) Immediately after the completion of the project, but in any case no later than six months after the completion date of the project or such later date as may be determined between the Borrower and the Bank, the Borrower must prepare and submit to the Bank a final report on the execution and commencement of the project, in such volume and in such detail as The Bank will request it. (b) The documents specified in this section must be certified at the Bank's choice, in accordance with the Bank's requirements.
Article IX Date of entry into force of the Agreement and its validity Section 9.01. Entry into force: This Agreement may not enter into force until: (A) (1) A certificate acceptable to the Bank has been provided and confirms that the execution and official presentation of this Agreement Agreements on behalf of the Borrower are duly authorized or ratified by all necessary government actions; (2) The Borrower fails to submit a legal opinion acceptable to the Bank, originating from a Government Legal Agency that declares that the Loan Agreement is authorized and duly signed on behalf of the Borrower. The declaration must indicate that the Agreement is a legitimate obligation of the Borrower, in accordance with its terms. (C) The Certificate of Authority will not be issued by the Ministry of Finance or any other duly authorized governmental body to the National Bank or the institution performing the functions of the National Bank, which contains instructions for the specified Bank that Government payments under this Loan Agreement, as well as fees for services paid in installments, must be made by the National Bank or the institution performing the functions of the National Bank on the payment dates. A copy of this Certificate of Authority, together with a confirmation from the National Bank or the institution performing the functions of the National Bank, stating that it has received the specified Certificate of Authority and is following its instructions, must be sent by the Government to the Bank.
Article X Termination of the contract if the contract has not entered into force If the Agreement has not entered into force before June 30, 1998, then the Agreement and all obligations of the parties under it must terminate until the Bank, after considering all the reasons for the delay, sets a later date for the purpose of this article. The Bank must immediately notify the Borrower of such a later date.
Article XI
Other Terms and Conditions Section 11.01. Authorized Representatives: The Borrower's Minister of Health and such person or persons designated in writing as authorized representatives of the Borrower for the purposes of Section 10.03 of the General Terms and Conditions. Section 11.02. Date of the Agreement. The date of this Agreement is indicated in the preamble to it. Section 11.03. Address. The following addresses are provided for the purposes of Section 10.01 of the General Terms and Conditions. For the Government of the Republic of Kazakhstan: Ministry of Health For the Islamic Development Bank: R.O.Vokh 5925 Jeddah 21432 Kingdom of Saudi Arabia Telex: 601137 ISDB SJ Telegram: PAKISTAN JED Fax: 6366871 JED I certify that the Bank and the Borrower, acting through their authorized representatives, have signed a Loan Agreement in English on the date indicated above.
Appendix I-(A)
Principal payments
Country: Republic of Kazakhstan Project: Scientific Center of Surgery named after Syzganova and Children's Rehabilitation Center Loan amount: 5,100,000 Islamic dinars Loan term: 25 years Grace period: 7 years Service fees: 254,592 Islamic dinars ___________________________________________________ № Date Principal amount (ID) ___________________________________________________ 1 141,667 2 141,667 3 141,667 4 141,667 5 141,667 6 141,667 7 141,667 8 141,667 9 141,667 10 141,667 11 141,667 12 141,667 13 141,667 14 141,667 15 141,667 16 141,667 17 141,667 18 141,667 19 141,667 20 141,667 21 141,667 22 141,667 23 141,667 24 141,667 25 141,667 26 141,667 27 141,667 28 141,667 29 141,667 30 141,667 31 141,667 32 141,667 33 141,667 34 141,667 35 141,667 36 141,667 _______________________________________________ Total: 5,100,000 Appendix I-(B) Service fee Country: Republic of Kazakhstan Project: Scientific Center of Surgery named after Syzganova and Children's Rehabilitation Center Loan amount: 5,100,000 Islamic dinars Loan term: 25 years Grace period: 7 years Service fees: 254,592 Islamic dinars ___________________________________________________ № Date Service fee amount (ID) ___________________________________________________ 1 5,092.00 2 5,092.00 3 25,459.00 4 25,459.00 5 25,459.00 6 14,257.00 7 14,257.00 8 14,257.00 9 14,257.00 10 14,257.00 11 14,257.00 12 14,257.00 13 14,257.00 14 14,257.00 15 14,257.00 16 14,257.00 _______________________________________________ Total: 254,592.00 Annex-II Project Description The project consists of the following two sub-projects: 1.- Scientific Center of Surgery named after Syzganova
The purpose of this project is restoration and equipment Scientific Center of Surgery named after Syzganova, Almaty, Kazakhstan. The center is designed to provide all services for the treatment of patients suffering from heart, kidney, liver and lung diseases, in accordance with international standards, without the need for patients to be treated abroad. Better equipment should attract potential patients from neighboring countries. In addition, the completion of the project will contribute to the achievement of the following objectives: (1) To be a Center in the country providing conditions for the treatment of cardiovascular diseases, kidney, liver diseases, etc. (2) To provide training on heart, kidney and liver diseases to students of medical institutions and doctors working in the health sector, as well as other medical professionals. (3) Provide postgraduate medical education, training and research in the field of heart, kidney and liver diseases. 2.- Children's Rehabilitation Center The aim of the project is to create a two hundred local Children's Rehabilitation Center in Almaty, Kazakhstan. This Center should contribute to improving the health status of orphans and other children in unfavorable conditions for development, who were exposed to radiation or came from areas of environmental disaster in Kazakhstan. It is planned that the Center will provide 40 additional places for parents accompanying children undergoing treatment or children aged 3-7 years. The area of the Center is estimated to be 20 hectares, the total size of the premises is 25,357 square meters, and 3,800 children are expected to be treated per year with an 18-day recovery cycle for one child.
Annex-III
Scientific Center of Surgery named after Syzganova and
and the Children's Rehabilitation Center Loan withdrawal The IDB loan in the amount of 5,100,000 Islamic dinars (approximately equal to 7,000,000 US dollars) should be used for the following purposes: A - for the Scientific Center of Surgery named after Syzganova USD United States 1 - Engineering and technical work 3,900,000 2 - Monitoring/Monitoring 100,000 3 - Rescue equipment 2,000,000 Total: 6,000,000 B - for a Children's Rehabilitation Center Medical equipment 1,000,000 Total:__________________ 7,000,000 Note: The amounts set above are calculated approximately. The exact amounts to be allocated for each item will be determined at the end of the Contractor's work. * * *
This Law establishes the rules for registering the pledge of movable property in order to realize and protect the rights of individuals and legal entities who have legitimate rights to this property.
The Law of the Republic of Kazakhstan dated June 30, 1998 No. 254.
President
Republic of Kazakhstan
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