On the ratification of the Protocol between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the procedure for providing assistance and monitoring its use

Home / RLA / On the ratification of the Protocol between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the procedure for providing assistance and monitoring its use

The Law of the Republic of Kazakhstan dated July 12, 2017 No. 96-VI.

To ratify the Protocol between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the procedure for providing assistance and monitoring its use, signed in St. Petersburg on December 26, 2016.

President

Republic of Kazakhstan

N. NAZARBAYEV

Protocol between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the procedure for providing assistance and monitoring its use

(Entered into force on August 14, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 5, art. 67

The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties,

Recognizing the importance of implementing the decisions of the Supreme Eurasian Economic Council at the level of Heads of State No. 74 dated May 29, 2014 on the Action Plan (Roadmap) on the accession of the Kyrgyz Republic to the Customs Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation" and dated October 10, 2014 No. 75 "On the action Plan ("roadmap") on the accession of the Kyrgyz Republic to the common economic space of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, taking into account the formation of the Eurasian Economic Union",

in order to implement the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the Development of economic Cooperation in the Context of the Eurasian Economic Integration (hereinafter referred to as the Agreement),

have agreed on the following:

Article 1

By this Protocol, the Parties, in accordance with Article 3 of the Agreement, determine the procedure for providing assistance to the Kyrgyz side, as well as control over its use.

Article 2

1. The implementation of this Protocol is entrusted to the authorized bodies of the Parties.

The authorized body responsible for the technical assistance event is a government agency or organization authorized by the Parties to coordinate technical assistance activities.

Authorized body in accordance with the protocol on technical assistance is a government body or organization authorized by the Parties in accordance with the protocol on technical assistance to transfer, receive and use the assistance transferred and (or) provided in the course of cooperation between the Parties.

2. The exchange of information between the Parties on the control process and the results of the obligations fulfilled under the Agreement and its Protocols is entrusted to:

from the Kazakh side - the Ministry of Foreign Affairs of the Republic of Kazakhstan;

from the Kyrgyz side - the authorized body responsible for coordinating the activities of state bodies within the framework of Eurasian integration.

Article 3

Assistance is provided in accordance with the provisions of the Agreement and is provided in stages on the basis of protocols on technical assistance from the date of entry into force of the Agreement, this Protocol and the relevant protocol on technical assistance.

If necessary, the authorized body of the Republic of Kazakhstan for budget execution determines the procedure for financing the activities provided for in Article 4 of this Protocol and the interaction of authorized bodies of the Republic of Kazakhstan.

Article 4

In accordance with article 2 of the Agreement, assistance may be provided to the Kyrgyz side by:

1) transfers of funds for the purchase of equipment, goods and services, construction;

2) transfer of new goods and/or equipment;

3) providing training services.

Article 5

Assistance for the purchase of goods, equipment, services and construction, in accordance with the annexes to the protocols on technical assistance, specified in subparagraph 1) of Article 4 of this Protocol, is provided to the Kyrgyz Side in cash.

Article 6

1. This assistance is provided in the following order:

1) in order to conclude protocols on technical assistance, the authorized body of the Kyrgyz Republic, which coordinates the activities of state bodies within the framework of the Eurasian integration, provides for the purchased goods, equipment, services and construction: a list of technical assistance activities and a conclusion on the availability of technical specifications, price proposals, technical specifications, and feasibility studies, conclusions of the state expertise on design and estimate documentation in accordance with the legislation of the Kyrgyz Republic to the authorized body of the Republic of Kazakhstan for budget execution;

2) the authorized body of the Kazakh side responsible for technical assistance measures, after receiving the list of technical assistance measures and the necessary conclusion specified in subparagraph 1) of paragraph 1 of this Article, if agreed, notifies the Kyrgyz side of the readiness to allocate funds.;

3) based on the established list of technical assistance measures, the Parties shall develop and sign a protocol on technical assistance.;

4) The Kyrgyz side, represented by the authorized body specified in paragraph 2 of Article 2 of this Protocol, shall, no later than 10 working days from the date of entry into force of the protocol on technical assistance, provide bank details for the transfer of funds to the authorized body of the Kazakh side specified in paragraph 2 of Article 2 of this Protocol.;

5) funds are transferred in US dollars to the account of the Kyrgyz side in accordance with the provided bank details in the amount of 100 (one hundred) percent of the amount of funds provided for by the relevant protocol on technical assistance;

6) upon receipt of funds to the account of the Kyrgyz party, the authorized body of the Kyrgyz Party responsible for the event in accordance with the protocols on technical assistance shall purchase goods, equipment and services in accordance with the legislation of the Kyrgyz Republic. The authorized body of the Kyrgyz side responsible for the event in accordance with the protocol on technical assistance shall notify the authorized body of the Kazakh side responsible for the event in accordance with the protocol on technical assistance of the conclusion of the relevant contract, accompanied by a copy thereof.

The saved funds based on the results of purchases are accumulated on the corresponding settlement account of the Central Treasury of the Ministry of Finance of the Kyrgyz Republic, further disposal of which is carried out by agreement of the Parties.

2. The Kyrgyz side is responsible for the completeness and reliability of the submitted documentation provided for in this article.

3. The Kyrgyz side selects the general contractor for the construction of facilities, which, in turn, carries out construction in accordance with the legislation of the Kyrgyz Republic.

4. The Kazakh side is not responsible for the obligations of the Kyrgyz side, the general contractor and subcontractors.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 12.07.2017 No. 94-VI.

Article 7

1. Assistance in the form of transfer of new goods and/or equipment, in accordance with the annexes to the protocols on technical assistance specified in subparagraph 2) of Article 4 of this Protocol, shall be provided within 30 days from the date of entry into force of the Agreement, this Protocol and the relevant protocol on technical assistance.

2. All expenses related to the delivery of goods and/or equipment to the territory of the Kyrgyz Republic (expenses for preparation, storage, loading, transportation and other unforeseen expenses along the way) are borne by the Kazakh side in accordance with the legislation of the Republic of Kazakhstan.

3. The goods and/or equipment specified in subparagraph 2) of Article 4 of this Protocol must be registered by the Kyrgyz Party in accordance with the legislation of the Kyrgyz Republic in order to authorize appropriate use on the territory of the Kyrgyz Republic.

4. By mutual agreement of the authorized bodies of the Parties responsible for the event in accordance with the protocols on technical assistance, these goods and/or equipment may also be exported by the Kyrgyz side from the territory of the Republic of Kazakhstan independently.

5. The transferred goods and/or equipment, the quality and safety of which must be confirmed by certificates of conformity in accordance with the requirements of the Eurasian Economic Union, must be suitable for use and use by the time of transfer.

6. The receipt of goods and/or equipment, as well as their suitability for execution and use, are confirmed by the Parties by signing the acceptance certificate.

7. From the moment of transfer of goods and/or equipment, and the signing by the Parties of the relevant acceptance and transfer act, the risk of accidental complete failure or damage passes to the Kyrgyz side simultaneously with the emergence of ownership rights.

8. After the transfer of goods and/or equipment by the Kazakh side to the Kyrgyz side, the Kyrgyz Side is responsible for damage caused as a result of their transportation, storage or use.

9. The Kyrgyz side undertakes not to transfer the received goods and/or equipment for use by a third party without the prior written consent of the Kazakh side.

10. The authorized body of the Kazakh side, specified in the annexes to the protocols on technical assistance, is responsible for the implementation of this Protocol regarding the transfer of certain goods and/or equipment to the Kyrgyz side.

The authorized body of the Kazakh side responsible for the event in accordance with the protocols on technical assistance, which transfers goods and/ or equipment, in accordance with the annexes to the protocols on technical assistance, carries out the transfer, transportation, delivery, installation, commissioning and other measures necessary for the transfer to the Kyrgyz side.

Article 8

Goods and/or equipment imported and exported to/from the territory of the Republic of Kazakhstan within the framework of the implementation of this Protocol are placed under customs procedures as a matter of priority without payment of customs duties, duties and taxes according to the lists of measures in accordance with the protocols on technical assistance.

Goods and/or equipment imported and exported to/from the territory of the Kyrgyz Republic within the framework of the implementation of this Protocol are placed under customs procedures as a matter of priority without payment of customs duties, duties and taxes according to the lists of measures in accordance with the protocols on technical assistance.

The supply of goods, works and services to the territory of the Kyrgyz Republic within the framework of this Protocol is exempt from payment of value added tax and sales tax.

Article 9

The provision of assistance in the form of training services for Kyrgyz specialists specified in subparagraph 3) of Article 4 of this Protocol, in accordance with the annexes to the protocols on technical assistance, will be carried out on the basis of training centers of the Republic of Kazakhstan or in the Kyrgyz Republic.

The training program will be developed by agreement of the Parties.

The form of completion is the corresponding certificate of study.

Article 10

The Kyrgyz side undertakes to carry out the targeted use of the assistance provided.

Article 11

1. In order to monitor the targeted and effective use of the assistance provided, a joint bilateral audit commission will be established within the framework of the Kazakh-Kyrgyz Intergovernmental Council.

2. The composition of the Audit Commission and the procedure for conducting the audit are approved by the decision of the Intergovernmental Council with the establishment of the term and period of control.

3. The powers of the Audit Commission include:

1) conducting an inspection for compliance with the requirements of the legislation of the Kyrgyz Republic when purchasing and using purchased equipment, goods, works and services;

2) checking the availability and safety of goods and equipment, their intended use in compliance with the principle of efficiency;

3) the correctness of accounting transactions, the reasonableness of the transfer of allocated funds, payment of travel and household expenses, as well as other issues arising during the audit by agreement of the Parties.

4. The results of the audit are drawn up in the form of an opinion (act) and submitted to the Kazakh-Kyrgyz Intergovernmental Council, which, based on the results of its consideration, decides on further financing under this Protocol.

5. The audit is conducted at least once a year until the final fulfillment by the Parties of the terms of the Agreement.

6. The Audit Commission shall terminate its activities by decision of the Kazakh-Kyrgyz Intergovernmental Council on the fulfillment by the Parties of all obligations arising from the Agreement and this Protocol.

Article 12

Disagreements and disputes related to the application or interpretation of the provisions of this Protocol shall be settled by the Parties through consultations and negotiations.

Article 13

By mutual agreement of the Parties, amendments and additions may be made to this Protocol, which are formalized in separate protocols and are integral parts of this Protocol.

Article 14

This Protocol shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for the entry into force of this Protocol and the Agreement.

This Protocol shall terminate upon the fulfillment of all obligations of the Parties provided for in this Protocol.

Done in St. Petersburg on December 26, 2016, in two original copies, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic.

In case of disagreement in the interpretation of this Protocol, the Parties will refer to the text in Russian.

For the Government of the Republic of Kazakhstan

For the Government Of the Kyrgyz Republic

RCPI's note! The text of the Agreement in Kyrgyz is attached.

President

Republic of Kazakhstan

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