On the Ratification of the Loan Agreement (Routine Operations) (CAREC Transport Corridor 1 [Zhambyl Region Sites] [Western Europe-Western China International Transit Corridor] Investment Program - Project 3) between the Republic of Kazakhstan and the Asian Development Bank

The Law of the Republic of Kazakhstan dated May 17, 2011 No. 435-IV

     To ratify the Loan Agreement (Normal Operations) (CAREC Transport Corridor 1 [Zhambyl Region Sites] [Western Europe-Western China International Transit Corridor] Investment Program - Project 3) between the Republic of Kazakhstan and the Asian Development Bank, signed in Astana on December 15, 2010.

     The President of the Republic       Kazakhstan N. Nazarbayev

LOAN NUMBER 2697-KAZ

LOAN AGREEMENT (Normal operations)

(CAREC Transport Corridor 1 [Zhambyl Region Sites] [Western Europe–Western China International Transit Corridor] Investment Program - Project 3)

between

BY THE REPUBLIC OF KAZAKHSTAN

and

BY THE ASIAN DEVELOPMENT BANK

DATE DECEMBER 15, 2010

LAL:KAZ 41121

  LOAN AGREEMENT (Normal operations)

     LOAN AGREEMENT dated December 15, 2010 between the REPUBLIC OF KAZAKHSTAN (hereinafter referred to as the Borrower) and the ASIAN DEVELOPMENT BANK (hereinafter referred to as the ADB).

     TAKING INTO ACCOUNT THE FOLLOWING

     (A) according to the financing framework agreement dated January 13, 2009, "KAZ Multi-tranche Financing Mechanism: The CAREC Transport Corridor 1 Investment Program (Sections in Zhambyl Region) [International Transit Corridor Western Europe – Western China]", concluded between the Republic of Kazakhstan and ADB (hereinafter referred to as the RSF), in order to provide assistance to the Borrower to finance projects under the Borrower's Investment Program for sites in the Zhambyl region of the CAREC 1 Transport Corridor (hereinafter referred to as the Investment Program) by providing ADB with multi-tranche financing;       (B) by submitting a periodic financing request by the Borrower dated March 18, 2010, the Borrower requested a loan from ADB in accordance with the RSF for the purpose of financing the project described in Appendix 1 of this loan agreement (hereinafter referred to as the "Project"); and (C) The Borrower has applied to the Government of Japan for a loan equivalent to sixty-eight million dollars provided through the Japan International Cooperation Agency for Project Purposes (the "JICA loan"), and the Government of Japan has agreed to provide this amount and that this amount will be administered by ADB; (D) ADB has agreed to provide the Borrower with a loan from ADB's regular capital resources on the terms and conditions set forth below.       TAKING INTO ACCOUNT THE ABOVE, the parties to this agreement have agreed on the following:

  ARTICLE I Loan rules; Definitions

     Section 1.01. All loan provisions for ordinary operations applicable to loans at the London Interbank Rate allocated from ADB's Ordinary Capital Resources dated July 1, 2001 (hereinafter referred to as the Loan Rules) are hereby deemed to apply to this loan agreement with the same force and effect as if they were set forth in the text of this agreement. however, subject to the following changes: (a) Section 3.03 has been deleted and replaced by the following:

       Section 3.03 Reservation fee; Credit.       (a) The Borrower undertakes to pay a reservation fee for the unclaimed loan amount at the rate and conditions stipulated in this loan agreement. (b) ADB undertakes to provide the Borrower with a loan at the rate stipulated in this loan agreement, and such loan will remain fixed until the end of the loan term. ADB undertakes to apply the loan amount to the interest payable by the Borrower."       (b) Section 3.06 has been deleted and replaced by the following:

     "Section 3.06 Refund. (a) Upon each notification to ADB that the fixed spread applicable to new loans will be reduced, ADB undertakes to provide refunds to each Borrower with an unclaimed loan to which a higher fixed spread applies. The amount of the refund will be determined by multiplying (i) the difference between the fixed spread applicable to the unclaimed loan and the fixed spread applicable to new loans (expressed as an annual percentage value) by (ii) the principal amount of the unclaimed loan, on which the Borrower undertakes to pay interest for all interest periods starting from and after the effective date of the reduced fixed spread applicable to new loans.       (b) Upon each notification from ADB that its calculations of the financing margin in respect of any loan currency (or approved currency) in any half-year have resulted in savings for ADB, ADB undertakes to reimburse the Borrower. The amount of the refund will be determined by multiplying (i) the margin of the cost of financing (expressed as an annual percentage) by (ii) the principal amount of the loan, for which the Borrower undertakes to pay interest during the interest period beginning immediately after the half-year for which the margin of the cost of financing was calculated, ADB undertakes to apply the amount of the refund to interest, payable by the Borrower during the interest period beginning immediately after the half-year for which the financing margin was calculated."       (c) Section 3.07 has been deleted and replaced by the following:

     "Section 3.07 Additional amount. (a) After each notification to ADB that the fixed spread applicable to new loans will be increased, each Borrower with an unclaimed loan to which a lower fixed spread applies undertakes to pay an additional amount to ADB. The amount of this additional amount will be determined by multiplying (i) the difference between the fixed spread applicable to new loans and the fixed spread applicable to unclaimed loans (expressed as an annual percentage value) by (ii) the principal amount of the unclaimed loan, on which the Borrower undertakes to pay interest for all interest periods starting from from and after the effective date of the increased fixed spread applicable to new loans.       (b) Upon each notification to ADB that its calculations of the financing margin in respect of any loan currency (or approved currency) in any half-year resulted in additional costs incurred by ADB, the Borrower undertakes to pay the additional amount to ADB. The amount of this additional amount will be determined by multiplying (i) the financing cost margin (expressed as an annual percentage) by (ii) the principal amount of the loan, for which the Borrower undertakes to pay interest during the interest period beginning immediately after the half-year for which the financing cost margin was calculated. ADB undertakes to add the amount of the additional payment to the interest payable by the Borrower during the interest period beginning immediately after the half-year for which the financing margin was calculated.

ARTICLE IV Special conditions

     Section 4.01. (a) The Borrower undertakes to ensure that the Project is executed with due responsibility and efficiency and in accordance with sound engineering, financial, economic and social practice requirements.       (b) During the implementation of the Project and the operation of the Project Facilities, the Borrower undertakes to fulfill or ensure the fulfillment of all obligations set out in Appendix 5 of this loan agreement.

     Section 4.02. The Borrower undertakes to immediately, as necessary, provide, in addition to the loan funds, funds, facilities, services, land and other resources necessary for the execution of the Project and for the operation and maintenance of the Project Facilities.

     Section 4.03. (a) During the implementation of the Project, the Borrower undertakes to ensure the hiring of competent and qualified consultants and contractors acceptable to ADB, to the extent and for the duration and on terms that meet the requirements of the Borrower and ADB. (b) The Borrower undertakes to ensure that the Project is implemented in accordance with plans, design standards, specifications, work schedules and construction methods acceptable to the ADB. The Borrower undertakes to provide or ensure the provision to ADB, immediately after their preparation, of these plans, design standards, specifications and work schedules, as well as any significant changes to these documents made subsequently with the degree of detail that ADB reasonably requires.

     Section 4.04. The Borrower undertakes to ensure that all actions of its departments and organizations in relation to Project execution and operation of Project Facilities are carried out and coordinated in accordance with sound administrative policies and procedures.

     Section 4.05. (a) The Borrower undertakes (i) to maintain or ensure that separate records are maintained for the Project; (ii) to conduct an annual audit of these accounts and related financial statements with strict application of relevant auditing standards, by independent auditors whose qualifications, work experience and area of competence meet the requirements of ADB; (iii) provide ADB, upon receipt, but strictly no later than six (6) months after the end of each relevant fiscal year, certified copies of these audited accounts and financial statements and the relevant auditors' report (including the auditors' opinion on the use of the loan funds and compliance with the financial terms of this Agreement on loan), in English; and (iv) provide ADB with other information relevant to these accounts and financial statements and the audit, upon ADB's periodic reasonable request.       (b) The Borrower undertakes to grant ADB the right, at the request of ADB, to periodically discuss the Borrower's financial statements for the project and its financial affairs related to the Project with auditors hired by the Borrower in accordance with the above Section 4.05(a) and undertakes to authorize and require any representative of the auditors to participate in this discussion., at the request of ADB, provided that any such discussion will be conducted only in the presence of an authorized representative of the Borrower, unless the Borrower has agreed otherwise.

     Section 4.06. The Borrower undertakes to provide an opportunity for ADB representatives to inspect the Project and Project Facilities, as well as any relevant records and documents.

     Section 4.07. The Borrower undertakes to ensure that all Project Facilities are operated, maintained and repaired in accordance with sound engineering, financial, economic and social safety measures, as well as in accordance with procedures for the operation and maintenance of roads.

  ARTICLE V Suspension of the right, early maturity

     Section 5.01. Further, additional events of temporary suspension of the Borrower's right to withdraw funds from the loan account are provided for the purposes of Section 9.01(I) of the Loan Rules: the JICA loan is subject to suspension.

     Section 5.02. Further, additional early repayment events are provided for the purposes of Section 9.07(I) of the Loan Rules: the event specified in Section 5.01 must take place.

  ARTICLE VI Entry into force

     Section 6.01. The date sixty (60) days after the date of signing this Loan Agreement is considered to be the effective date of the Loan Agreement for the purposes set out in Section 10.04 of the Loan Terms.

  ARTICLE VII Other provisions

     Section 7.01. The Borrower's Minister of Finance acts as the Borrower's representative for the purposes set out in Section 12.02. of the Loan Rules.

     Section 7.02. The following details are provided for the purposes set out in Section 12.01. Loan Terms:

     For the Borrower

           Ministry of Finance             11 Pobedy Avenue             Astana, 010000 Republic of Kazakhstan

           Fax number:

                   +7 (7172) 71 77 85

     For the ADB

           Asian Development Bank             P.O. Box 789             0980 Manila, Philippines

           Fax number:

                   (632) 636-2444                     (632) 636-2428.

     IN SUPPORT OF THE ABOVE, the parties to this Agreement, represented by their authorized representatives, have ensured that this Loan Agreement is signed and delivered to ADB headquarters on the date and year indicated above.

                                           REPUBLIC OF KAZAKHSTAN

                                        __________________________                                         Authorized representative

                                          ASIAN DEVELOPMENT BANK

                                        __________________________

  APPENDIX 1 Project Description

     1. The purpose of the Investment Program is to promote the sustainable economic development of the Borrower by developing an efficient transport system in the Zhambyl region.       2. As part of the Investment Program, the Project will consist of the following Parts:

     Part 1: Work on Loan-funded road sections; (a) Construction of a new 80-kilometer (approximate length) 2-lane road located between km 162 and km 260 in Zhambyl region; and (b) Reconstruction of a 13-kilometer (approximate length) access road to the border with The Kyrgyz Republic, as well as the construction of a 5-kilometer (approximate length) road with a Category II asphalt surface, determined by the relevant state standards of the Borrower.

     Part 2: Work on road sections funded under the JICA Loan (a) Improvement of the existing 5.2-kilometer (approximate length) Kulan bypass road, located between 383 km and 404 km in Zhambyl region, to a 4-lane Category I concrete paved road, in accordance with state standards The borrower; and (b) The construction of a new 14.8-kilometer (approximate length) 4-lane bypass road to connect to the above-mentioned section of the Kulan bypass with a standard Category I concrete surface, in accordance with the Borrower's state standards.

     Part 3: Construction supervision consulting services       Providing construction supervision for roads under construction, improved or restored in accordance with Parts 1 and 2.

     3. The project is expected to be completed by July 1, 2013.

  APPENDIX 2 Loan Repayment Schedule (CAREC Transport Corridor 1 [Zhambyl Region Sites] [Western Europe–Western International Transit Corridor China] Investment Program – Project 3)

     1. The following table shows the Repayment Dates of the loan principal and the percentage of the total loan principal payable on each Repayment Date of the loan principal (Regular Installment). If the loan funds have been fully withdrawn at the time of the first repayment date for the repayment of the principal amount of the loan, the principal amount of the loan to be repaid by the Borrower on each payment date of the principal amount of the loan will be determined by ADB by multiplying: (a) the total principal amount of the loan claimed and unclaimed at the time of the first repayment date for the repayment of the principal amount loans; (b) The next installment for each payment date for repayment of the principal loan, such repayment amount will be modified as necessary to deduct any amounts described in paragraph 4 of this Annex to which Currency Conversion applies.

Payment date

The next installment (expressed in %)

15 Sep 2014

3,333333

15 Mar 2015

3,333333

15 September 2015

3,333333

15 Mar 2016

3,333333

15 September 2016

3,333333

15 Mar 2017

3,333333

15 September 2017

3,333333

15 Mar 2018

3,333333

15 September 2018

3,333333

15 Mar 2019

3,333333

September 15, 2019

3,333333

15 Mar 2020

3,333333

September 15, 2020

3,333333

15 Mar 2021

3,333333

September 15, 2021

3,333333

15 Mar 2022

3,333333

September 15, 2022

3,333333

15 Mar 2023

3,333333

September 15, 2023

3,333333

15 Mar 2024

3,333333

September 15, 2024

3,333333

15 Mar 2025

3,333333

September 15, 2025

3,333333

15 Mar 2026

3,333333

September 15, 2026

3,333333

15 Mar 2027

3,333333

September 15, 2027

3,333333

15 Mar 2028

3,333333

September 15, 2028

3,333333

15 Mar 2029

3,333343

Total

100

2. If the loan funds were not fully claimed at the time of the first payment date for repayment of the main loan, the principal amount of the loan payable by the Borrower on each payment date for repayment of the main loan will be determined as follows:       (a) To the extent that any loan funds that should have been claimed at the time of the first payment date for repayment of the main loan, the Borrower undertakes to pay the amount in demand and not in demand at the time of that date in accordance with paragraph 1 of this Annex.       (b) Any withdrawal made after the first repayment date of the principal loan is due to be repaid on each repayment date of the principal loan falling after the date of the withdrawal in amounts determined by ADB by multiplying the amount of each withdrawal by a fraction, the numerator of which is the initial Installment indicated in the table in paragraph 1. This Application is for the above-mentioned payment date for repayment of the main loan (Initial Regular Installment), and the denominator of which is the sum of all remaining Initial Regular Contributions for the repayment dates of the main loan due on or after this date, these payment amounts will be modified, if necessary, to deduct the amounts specified in paragraph 4 of this Annex, to which Currency Conversion applies.       3. Withdrawals made within two calendar months prior to any of the repayment dates of the main loan, solely for the purpose of calculating the principal amounts payable on any day of the main repayment, should be considered claimed and unclaimed at the time of the second repayment date of the main loan after the withdrawal date, and this amount is payable on each date. repayment of the principal loan, starting from the second date of repayment of the principal debt after the date of withdrawal of funds. 4. Regardless of the provisions of paragraphs 1 and 2 of this Annex, when Converting currencies in full or in part of the required funds of the loan principal amount into an approved currency, the amount of funds converted into the aforementioned approved currency, which is due to be repaid on any of the repayment dates of the principal amount during the conversion period, will be determined by ADB by multiplying this amount by the currency of the denomination immediately prior to the aforementioned Conversion to either: (i) a currency exchange rate reflecting the principal amounts in the specified approved currency, payable to ADB as part of a double currency conversion related to the aforementioned Conversion; or (ii) as decided by ADB in accordance with the Conversion Guidelines, to a component of the exchange rate of the established rate. 5. If the principal amount of a loan, claimed and unclaimed, is periodically denominated in more than one loan currency, the provisions of this Annex should be applied separately to the amounts denominated in each loan currency in order to develop a separate repayment schedule for each of these amounts.

  APPENDIX 3 Allocation and withdrawal of loan funds

General provisions

     1. The table in this Annex (as shown in the Appendix to this Annex) sets out the Categories of expenditure items financed from the loan, as well as the distribution of loan amounts for each such Category (hereinafter referred to as the Table). (References to the concepts of "Category" or "Categories" in this Appendix refer to the Category or Categories of the Table).

Percentage values of ADB financing

     2. Unless otherwise agreed by ADB, each of the cost items will be financed from the loan funds based on the percentage values shown in the Table.

Redistribution

     3. Regardless of the allocation of the loan funds and withdrawal percentages shown in the Table, (a) if the loan amount allocated to any category is insufficient to finance all agreed expenses of that Category, ADB may, by notifying the Borrower, (i) reallocate funds for that Category to the extent necessary to fill the shortfall for the account of funds allocated for another category, but in the opinion of the ADB, not needed to finance other expenses, and (ii) if this reallocation cannot fully cover the calculated shortfall, reduce the percentage of withdrawals for these expenses so that further withdrawals for this Category are made until all expenses have been covered; and (b) if the loan amount allocated to any Category, If the amount exceeds all agreed expenses in this Category, ADB has the right, by notifying the Borrower, to redistribute such excess amount in favor of another Category.

Loan repayment procedure

     4. Unless otherwise agreed by the ADB, the loan funds are payable in accordance with the ADB Loan Disbursement Handbook.

Conditions for withdrawal of funds

     5. The JICA Loan Agreement must be duly signed and delivered on behalf of the Borrower, must be legally binding on the Borrower, and all the prerequisites for its entry into force must be fulfilled.

                       table

LOAN ALLOCATION AND WITHDRAWAL (CAREC Transport Corridor 1 [Zhambyl Region Sites] [Western Europe–Western China International Transit Corridor] Investment Program - Project 3)

category

THE BASIS OF ADB FINANCING

Number

Name

Total amount allocated for ADB financing $ Category

The percentage and the basis for withdrawing the loan from the account

1

Works for Part 1

149,810,00

85 percent of the total requested cost

2

Consulting services (for Part 1 and Part 2)

6,870,000

100 percent of the total requested cost amount*

3

Unallocated funds

16,320,000

Total

173,000,000

*Not including taxes and duties levied on the territory of the Borrower

  APPENDIX 4 Procurement of works and consulting services

General provisions

     1. All work and consulting services are subject to execution and control in accordance with the Procurement Guidelines and Guidelines for Consulting Services, respectively.       2. All terms used and not otherwise defined in this Loan Agreement have the meanings set forth in the Procurement Manual and/or the Advisory Services Engagement Manual, as appropriate.

Purchase of works

     3. Unless otherwise agreed by ADB, the works will have to be purchased based on the procurement procedures set out below.:

(a)

International competitive bidding

(in)

National competitive bidding

     4. Procurement procedures, among other conditions, are subject to execution in accordance with detailed agreements and thresholds specified in the Procurement Plan. The borrower has the right to modify the procurement procedure or threshold costs only subject to prior agreement with ADB, and all changes should be reflected in the additions to the Procurement Plan.

National competitive bidding

     5. The Borrower and ADB will ensure that the Borrower's government competitive bidding procedures are consistent with the Procurement Guidelines prior to any procurement activities based on the national competitive bidding procedure. Any changes or clarifications to such procedures agreed between the Borrower and ADB will be indicated in the Procurement Plan. Any subsequent modification of the agreed amendments or clarifications will take effect only after approval of such modification by the Borrower and ADB.

Selection of consulting services

     6. Unless otherwise specified by ADB, the Borrower has the right to apply the selection method of consultants or their scope of services, taking into account the quality and price parameters of the selection.

Industrial and intellectual property rights

     7. (a) The Borrower undertakes to ensure that the purchased works (including, but not limited to, all computer hardware and software, computer systems purchased either separately or as part of other goods and services) do not infringe or infringe on any third-party industrial or intellectual property right or claim.       (b) The borrower undertakes to ensure that all contracts for the procurement of works contain appropriate representations, guarantees and, if necessary, guarantees of damages from the contractor or supplier in respect of the cases specified in subparagraph (a) of this paragraph.       8. The Borrower undertakes to ensure that all contracts with consultants funded by ADB contain appropriate representations, guarantees and, if necessary, guarantees of compensation from consultants, in order to ensure that the consulting services provided do not infringe or infringe on any third-party right to industrial or intellectual property or claim.

ADB Approval of Procurement decisions

     9. All contracts acquired in accordance with international competitive procedures and contracts for Consulting services are subject to prior review by ADB, unless otherwise agreed between the Borrower and ADB and specified in the Procurement Plan.

  APPENDIX 5 Project execution and operation of project facilities; financial issues

Implementation procedure

     1. As an Executive Agency, the ITC is fully responsible for the implementation of the project. The ITC and the Committee of Highways of the ITC, as the organization responsible for the implementation of the project, should receive assistance from (a) CBM-ADB and (b) construction supervision consultants involved in this project.       2. The borrower will ensure that (a) the ITC has mobilized consultants responsible for overseeing the construction before any work begins; (b) competent personnel from the ITC and the Roads Committee have been appointed to provide support throughout the project period.; and (c) MTK executes the project in accordance with and using the implementation schedule in agreement with ADB.

Monitoring, Review and Evaluation of the Project

3. The borrower is obliged to ensure that the MTC monitors and evaluates the implementation of this project through a system for monitoring the effectiveness of the project. The key indicators and expected results, presented as the expected results and impacts of the project in the monitoring and design framework, will serve as the primary data needed for analysis.       4. A joint interim review of the project will be conducted within 1 year after the Effective Date of the loan. This joint interim review will focus on the engineering, environmental and social safety measures of the project, compliance with the loan terms and obligations set out in the RSF. The review will allow for all necessary interim changes to ensure the successful implementation and achievement of the objectives of the project and the Investment Program.

Financial management system, audit and reporting

     5. The borrower must ensure that (a) a financial management system will be established in accordance with ADB requirements; (b) an audit of project performance will be conducted on an annual basis in accordance with the terms of reference developed by ADB. 6. Without prejudice to the provisions of (a) Section 4.05 of this Loan Agreement and (b) Article VII of the Loan Rules, the Borrower undertakes to ensure that all project participants maintain separate records and accounts for the use of the relevant Loan funds; The loan of the JICA, as well as the Borrower's funds serving the same purpose. In addition to the requirements specified in Section 7.04 of the Loan Rules, the Borrower will instruct the ITC to submit to ADB: (a) monthly reports within 10 calendar days after the end of each month from the effective date of the loan to update information on the status of relevant project implementation activities and related issues; (b) quarterly performance reports, within 2 weeks of the end of each quarter from the effective date of the loan, and (c) other semi-annual progress and monitoring reports.

Co-financing

     7. Without limiting the general meaning of Section 4.02 of this Loan Agreement, the Borrower undertakes to ensure the availability of all co-financing funds necessary for the timely and effective execution of the project in the form of annually allocated budgetary funds for the ITC and undertakes to ensure that the necessary resources are provided in a timely manner. The borrower undertakes to ensure that the MTK includes all modified financing needs for the project in its annual development programs.

Construction quality

     8. The borrower will instruct the ITC to ensure that the project is executed in accordance with applicable technical specifications and plans, and that construction supervision, quality control and project management are carried out in accordance with applicable standards and international best practices.

Work contracts

     9. Without prejudice to the provisions of paragraphs 11, 12 and 13 of Annex 5 of this Loan Agreement, the Borrower will instruct the ITC to ensure that, after awarding the contracts for the work, none of the notices of commencement of work are issued to the relevant contractors until all applicable provisions of the GDPR have been complied with (including, in particular, the provisions on timely compensation to the affected people) related to the relevant sections of the road under the project, the EIA and the updated EMP. The borrower should also instruct the ITC to (a) ensure that all construction contracts include a commitment by the contractor to implement road safety measures; and (b) monitor the accident rate and traffic intensity during the operation of the project road.

Preventing illegal trade

     10. The borrower will ensure that reliable and rigorous measures are implemented on the project road to detect and prevent illegal trafficking in humans, wild animals, rare animal species, and controlled substances.

Environment

     11. The Borrower will instruct the ITC to ensure that (a) design decisions, construction and operation and maintenance of Project Facilities are carried out in accordance with the ADB's Safety Policy (2009), environmental legislation and regulatory requirements of the Borrower, the EPR, the overall environmental impact assessment prepared for the Investment Program and agreed with the ADB, and the EIA; and (b) the potential harmful environmental impact of the project has been reduced by taking all minimization and monitoring measures as specified in the EMP.        12. The borrower will instruct the ITC to additionally ensure that (a) the EMP is updated prior to issuing any notice of commencement of work; (b) sufficient resources are provided to implement, monitor, and report on the EMP; (c) Semi-annual environmental reports are prepared and submitted to ADB within three (3) months after each reporting period.; (d) The reports include, but are not limited to, an overview of achievements in the implementation of the EPA, issues and measures to address these issues; (e) the detailed engineering plan and construction contracts for the project include the applied environmental measures outlined in the EIA and EPA; and (f) contractors are monitored to ensure compliance with the requirements of the EIA and EPA.

Land purchase and resettlement

       13. The Borrower will instruct the ITC to ensure that the Project is being implemented in accordance with the Borrower's applicable laws and regulations, the ADB Safety Policy (2009), and the GDPR and GDPR, including, but not limited to, the following provisions: (a) The GDPR must be communicated to affected residents in accordance with the provisions of the GDPR; (b) The PRSP must be submitted for review and approval by the ADB before any construction contracts are awarded.; (c) all land and right-of-way required for the project must be purchased and provided in a timely manner; (d) no physical or economic relocation should take place and no instructions to contractors to begin work until: (i) The PRSP is finalized, which includes a plan that creates the conditions for restoration income and standard of living for the purpose of providing assistance to displaced persons; (ii) full replacement costs will not be reimbursed to each displaced person for the relevant project components or sites ready for construction; (iii) other types of assistance specified in the relevant resettlement plan are provided to displaced persons; (e) effective complaint mechanisms should be established to assist those affected by the project to resolve issues and complaints in a timely manner, if they arise; (f) the necessary staff and resources to monitor and monitor implementation PVZP; (g) an independent monitoring organization acceptable to ADB will conduct external monitoring and evaluation of the PRA, and report the results to ADB at the beginning and at the end of the PRA implementation process; and (h) if any terrain changes, road closures, or additional environmental impacts are identified during the PRA implementation period; and/or relocation, it is necessary to make additions to the PRA and obtain prior approval from ADB and relevant government agencies before further implementation of the PRA. 14. The Borrower undertakes to analyze and search for equivalent land plots for the provision of land to tenants affected by the project, or to provide other types of support to such tenants in accordance with the applicable law and legislation of the Borrower, the ADB Policy on Security Measures (2009), the GDPR and the GDPR to assist in restoring their standard of living. The results of the above will be attached to the final version of the PRSP. If it is revealed that there are no state reserve land plots available, the Borrower will take measures to provide tenants affected by the project (farmers who have a lease agreement for at least 5 years – tenants affected by the project) with sufficient financial or technical assistance to increase or expand production on their remaining land(ah) lands. Information related to the above, including the list of tenants affected by the project, costs, schedules and measures taken for such compensation, will be set out in the final version of the PRSP.

Labor protection

     15. The borrower will instruct the ITC to ensure that: (a) provisions are included in the work contracts to ensure that construction contractors comply with (i) applicable basic labor standards, labor laws, and the application of appropriate workplace safety standards; (ii) equal pay for men and women for equal work; (iii) non-use of child labor during construction and road maintenance activities; (iv) maximize the employment of the local poor and disadvantaged population for the construction purposes of the project, provided that work and efficiency requirements are adequately met, and (v) promote the employment of experienced and inexperienced working women, and (b) disseminate information on the risks of sexually transmitted diseases, including HIV/AIDS, among employees of contractors involved in the project and among local residents living in close proximity to the project road.

Fight against corruption

16. The Borrower undertakes to follow the ADB's Anti-Corruption Policy (dated 1998, as amended). The Borrower, in accordance with its commitment to good governance, accountability, and transparency, agrees that ADB has the right to investigate, directly or through its agents, all alleged cases of corruption, fraud, collusion, or coercion related to the project, and that the Borrower will cooperate fully and facilitate any such investigation to the extent necessary. to provide support, including providing access to relevant reports and records, as necessary, for the satisfactory completion of any such investigation. In addition, the Borrower will instruct the ITC to (a) conduct periodic reviews of contractors' actions related to loan withdrawals and disbursements; (b) ensure that all contracts financed by ADB under the project include provisions establishing ADB's right to audit and verify the records and accounts of all contractors, suppliers, and suppliers., consultants, as well as service providers related to the project; (c) ensure that the construction supervision consultant verifies contractors' payment certificates in accordance with the working drawings and specifications of the contract; and (d) ensure that the anti-corruption plan developed for the Investment Program and agreed with ADB is implemented.

     I hereby certify that this translation corresponds to the text of the Loan Agreement (Normal Operations) (CAREC Transport Corridor 1 [Zhambyl Region Sites] [Western Europe-Western China International Transit Corridor] Investment Program - Project 3) between the Republic of Kazakhstan and the Asian Development Bank in English, signed in Astana on December 15, 2010.

     Head of the Department of Personnel Coordination and Control of the Ministry of Finance of the Republic of Kazakhstan B. Akhmetzhanova

     The RCPI's note. The following is the text of the Agreement in English.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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