On the ratification of the Treaty on the Establishment of the Anti-Crisis Fund of the Eurasian Economic Community
Law of the Republic of Kazakhstan dated December 28, 2009 No. 231-IV
To ratify the Treaty on the Establishment of the Anti-Crisis Fund of the Eurasian Economic Community, signed in Moscow on June 9, 2009.
President of the Republic of Kazakhstan N. Nazarbayev
AGREEMENT on the Establishment of the Eurasian Fund for Stabilization and Development
In the name and in the text of the Agreement on the Anti-Crisis Fund of the Eurasian Economic Community, the words "Anti-Crisis Fund of the Eurasian Economic Community" have been replaced by the words "Eurasian Fund for Stabilization and Development" in the appropriate case in accordance with the Law of the Republic of Kazakhstan dated 02/25/2016 No. 462-V.
The Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan and the Republic of Armenia (hereinafter referred to as the founding States), guided by the decision of the Interstate Council of the Eurasian Economic Community (at the level of heads of State) No. 415 dated February 4, 2009, agreed as follows:
Article 1
The founding States are establishing the Eurasian Fund for Stabilization and Development (hereinafter referred to as the Fund) in order to overcome the negative effects of the global financial and economic crisis on national economies, ensure their economic and financial stability, and promote further integration of the economies of the Fund's member States. The procedure for the formation, placement and provision of the Fund's funds, the management of the Fund's funds, withdrawal from the Fund's membership and termination of the Fund's operations, as well as the status of the Fund are determined by The Regulations on the Fund, which are an annex to this Agreement.
Article 2
The Fund's funds are used for: - providing sovereign loans to the Fund's member States in order to overcome the negative consequences of the global financial and economic crisis; - providing stabilization loans to the Fund's low-income member States; - financing interstate investment projects; - providing grants to the Fund's low-income member States to finance government programs in social sectors. The Fund's funds are provided on a fee-based, urgent and refundable basis, with the exception of grants from a share of the Fund's net profit to finance government programs in social sectors. To the extent necessary to achieve the objectives of establishing the Fund, and subject to the provisions of this Agreement and the Regulations on the Fund, the Fund's funds are free from any restrictions, regulations and moratoriums. The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 02/25/2016 No. 462-V.
Article 3
The amount of initial contributions of the founding States to the Fund is: the Republic of Belarus - the equivalent of 10 million dollars.The United States, the Republic of Kazakhstan - the equivalent of 1 billion dollars.USA, The Kyrgyz Republic - the equivalent of 1 million dollars.USA, The Russian Federation - the equivalent of 7.5 billion dollars.The United States, the Republic of Tajikistan - the equivalent of 1 million dollars.The United States, the Republic of Armenia - the equivalent of 1 million US dollars. Initial contributions to the Fund shall be paid by the founding States within 6 (six) months from the date of entry into force of this Treaty and the Agreement on the Management of the Fund's Funds referred to in Article 4 of this Treaty in the following manner: - 10% (ten percent) of the above amount shall be paid by each of the founding States in US dollars and/or euros in accordance with the procedure defined by the Regulations on the Fund.; - the remaining 90% (ninety percent) is paid by each of the founding States through the issuance of a simple, non-revolving and interest-free promissory note, the repayment of which is carried out in accordance with the procedure defined by the Regulations on the Fund.
Article 4
The Fund's funds are managed by the Fund's Board, whose members are the Finance Ministers of the Fund's member States and representatives of international organizations participating in the Fund, together with the Fund's funds manager in accordance with the procedure provided for Regulations on the Fund. The functions of the Fund's funds manager are assigned to the Eurasian Development Bank (hereinafter referred to as the Bank) on the basis of Agreements on the management of the Fund's funds concluded between the founding States and the Bank. The replacement of the Fund's funds manager may be carried out by the Fund's participants on the basis of a proposal from the Fund's Board.
Article 5
After its entry into force, this Treaty is open for accession by other States and international organizations. This Treaty shall enter into force for the States and international organizations acceding to it from the date of receipt by the Depositary, which is The Ministry of Foreign Affairs of the Russian Federation, the document of accession to this Treaty. The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 02/25/2016 No. 462-V.
Article 6
Amendments to this Agreement are made by mutual agreement of the founding States and the Fund's participants and are formalized in separate protocols, which enter into force on the date of receipt by the Depositary of the last written notification to the Fund's participants on the implementation of internal procedures necessary for their entry into force. Protocols on amendments after their entry into force are an integral part of this Agreement. The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 02/25/2016 No. 462-V.
Article 7
Reservations to this Agreement are not allowed. Disputes concerning the application and interpretation of this Agreement arising between the founding States and/or participants of the Fund and/or former participants of the Fund shall be settled in accordance with the procedure provided for in the Regulations on the Fund.
Article 8
This Agreement shall enter into force on the date of receipt by the Depositary of the last written notification from the founding States on the completion of the internal procedures necessary for its entry into force, and shall remain in force until the termination of the Fund's operations is fully completed in accordance with the procedure provided for Regulations on the Fund. Any participant of the Fund has the right to withdraw from this Agreement, provided that it withdraws from the membership of the Fund in accordance with the procedure provided for by Regulations on the Fund. Upon completion of the withdrawal procedure for such a Fund participant, his participation in this Agreement is terminated automatically.
Done on June 9, 2009 in Moscow in one original copy in Russian. The original copy of this Agreement is kept by the Depositary, who will send its certified copies to the founding States.
For the Republic For the Republic For the Kyrgyz Republic The Republic of Kazakhstan
For the Russian For the Republic For the Republic The Federation Tadjikistan Armenia
Annex to the Establishment Agreement Eurasian Fund for Stabilization and Development dated June 9, 2009
REGULATIONS on the Eurasian Fund for Stabilization and Development
In the name and in the text The Provisions on the Anti-Crisis Fund of the Eurasian Economic Community have replaced the words "Anti-Crisis Fund of the Eurasian Economic Community" with the words "Eurasian Fund for Stabilization and Development" in the appropriate case in accordance with the Law of the Republic of Kazakhstan dated 02/25/2016 No. 462-V.
This Regulation is an integral part of the Agreement on the Establishment of the Eurasian Fund for Stabilization and Development, signed on June 9, 2009 (hereinafter referred to as the Agreement on the Establishment of the Fund).
Section I Foundation
Article 1 Status of the Foundation
1. The Fund is a tool for attracting, accumulating and using financial resources for the purposes established by the Legislation of the Russian Federation. The Agreement on the Foundation's establishment. The Foundation is not a legal entity or an organization. The provisions of the national legislations of the Fund's member States, which establish the procedure for the establishment, licensing, regulation and termination of organizations, do not apply to activities carried out within the framework of the Fund. 2. The Fund's funds belong to the Fund's participants. The Fund's participants bear the risk of losses related to activities carried out at the expense of the Fund's funds within the limits of the Participant's share in the Fund's funds. 3. The share of a Fund participant in the Fund's funds is subject to payment to such participant only in cases of his withdrawal from the Fund's membership or termination of the Fund's operations in accordance with the procedure established by these Regulations. The share of a Fund participant in the Fund's funds is determined in accordance with the procedure established by the Fund's Council in accordance with Articles 20 and 22 of these Regulations. 4. At the expense of the Fund's funds, it is not allowed to fulfill the obligations of the Fund's participants that are not related to the Fund's operations. The Fund's funds may not be forcibly withdrawn at the request of third parties to fulfill the obligations of the Fund's participants that are not related to the Fund's operations. 5. The Fund's participants are responsible for the obligations they have assumed within the framework of the Fund's operations, within the limits of their share in the Fund's funds.
Article 2 Foundation documents
The activities carried out within the framework of the Foundation are regulated by the following documents (hereinafter referred to as the Foundation Documents): - applicable international treaties; - The Agreement on the Establishment of the Fund and these Regulations; - The Agreement on the Management of the Fund's funds concluded between the founding States and the Fund's Funds Manager; - decisions of the Fund's Council; - internal documents and decisions of the Fund's Funds Manager, the application of which is provided for by these Regulations, the Agreement on the Management of the Fund's Funds or the decision of the Fund's Council.
Article 3 The founding States of the Fund and the participants of the Fund
1. The founding States of the Fund are the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan and the Republic of Armenia in accordance with the Agreement on the Establishment of the Fund. 2. The founding States of the Fund become its participants after fulfilling their obligations to make an initial contribution, including the payment of funds and the issuance of promissory notes. 3. Any interested State or international organization that shares the goals of the Fund may also become a participant in the Fund. Such a State or international organization becomes a participant in the Fund on the basis of a decision of the Fund's Council after joining the Agreement on the Establishment of the Fund and the Agreement on the Management of the Fund's Funds referred to in Articles 2 and 18 of these Regulations, and fulfilling obligations to pay a contribution to the Fund, including the payment of a monetary contribution and, if provided, the issuance of promissory notes in accordance with in accordance with Article 7 of these Regulations. Joining the Agreement on the Establishment of the Fund and the Agreement on the Management of the Fund's Funds means the consent of the new Fund participant to apply all existing Fund Documents to any resources contributed by such participant to the Fund.
Article 4 Commencement of operations of the Fund
1. The start date of the Fund's operations is the date of the first meeting of the Fund's Board. 2. The use of the Fund's funds can be carried out only after the following three conditions are met: a) The Agreement on the Establishment of the Fund and the Agreement on the Management of the Fund's Funds have entered into force; b) at least 3 (three) founding States of the Fund have become participants in the Fund, as provided for in paragraph 2 of Article 3 of these Regulations.; c) the total amount of funds contributed to the Fund amounted to at least half of the total amount of funds to be contributed to the Fund by the founding States of the Fund in the form of initial contributions in accordance with the Agreement on the Establishment of the Fund.
Article 5 The language of the Foundation
The working and official language of the Foundation is Russian.
Section II Formation and use of the Fund's Funds
Article 6 Funds of the Fund
The funds of the Fund are: a) contributions to the Fund; b) proceeds from the placement (investment) of temporarily unused funds of the Fund; c) proceeds from the provision of funds of the Fund on a refundable basis; d) donations to the Fund; e) other income to the Fund.
Article 7 Contributions to the Fund
1. The initial contributions of the founding States of the Fund are paid in accordance with the procedure provided for by The Agreement on the establishment of the Fund, subject to paragraphs 4-6 of this Article of the Regulation. 2. Contributions of new members of the Fund shall be paid in the amount and in the manner determined by the Board of the Fund, in compliance with the procedures provided for in paragraph 3 of Article 3 of these Regulations. The decision of the Fund's Board shall specify the amount of the contribution in the equivalent of US dollars, the procedure for payment of the contribution, the schedule of payment of the contribution, the currency in which the contribution will be paid, as well as, if necessary, other conditions for making the contribution. The minimum initial contribution to the Fund, unless this amount is changed by the Fund's Board, is 1,000,000 (one million) US dollars, of which at least 100,000 (one hundred thousand) US dollars are contributed to the Fund in cash. 3. Any Fund participant has the right at any time to submit a proposal to the Fund's Board on increase the amount of your contribution to the Fund. Such an increase, after its approval by the Board of the Fund, is made by transferring funds to the Fund in the amount and in the manner approved by the Board of the Fund. All applicable Documents of the Fund apply to such additional contributions. 4. Contributions to the Fund are paid in cash and in simple, non-revolving and interest-free promissory notes, redeemable at face value on demand. Such requirements are made by the Fund's Funds Manager as required by the decision of the Fund's Board. 5. Each contribution to the Fund is denominated in US dollars and paid in US dollars and/or euros at the exchange rate determined in accordance with the Fund's Funds Management Agreement. 6. The initial contributions of the founding States of the Fund listed in paragraph 1 of Article 3 of these Regulations shall be paid to the Fund by crediting them by the founding States of the Fund to accounts opened by them in their central (national) banks. 7. Contributions to the Fund cannot be linked to any direction of their use, the recipient of the Fund's funds, or the Fund's project, unless otherwise decided by the Fund's Board.
Article 8 Proceeds from the use of the Fund's funds
Proceeds from the use of the Fund's funds, including proceeds from the placement (investment) and provision of the Fund's funds, shall be attributed to the Fund's funds and shall not be paid to the Fund's participants, except in the cases specified in paragraph 3 of Article 1 of these Regulations.
Article 9 Donations to the Foundation
1. By decision of the Board of the Foundation, monetary funds in freely convertible currency (donations) from any interested state, international or other organization are accepted to the Foundation on a gratuitous and irrevocable basis for their use for the purposes of activities carried out within the framework of the Foundation. 2. Making a donation to the Fund means that the donor agrees to use these funds in accordance with the Foundation's Documents. 3. The Donator does not become a member of the Foundation and does not participate in the management of the Foundation's funds. At the request of the donor, copies of the annual reports on the Foundation's activities are sent to him. 4. The funds contributed to the Fund as donations and the income received from the placement (investment) and provision of these funds are not taken into account when determining the share of a Fund participant who announced his withdrawal from the Fund before the termination of the Fund's operations.
Article 10 Provision of the Fund's funds
1. Financing from the Fund's funds is provided in accordance with the directions specified in article 2 of the Agreement on the Establishment of the Fund. 2. Financing from the Fund's funds is carried out in accordance with the objectives set out in article 1 of the Agreement on the Establishment of the Fund in the territories of the Fund's member States. 3. The provision of financing from the Fund's funds is carried out by decision of the Board of the Fund. The decision of the Fund's Council shall specify the recipient of funds, the amount to be provided, the purpose of the provision, the procedure and conditions for the provision and refund of funds by the recipient, the currency of the provision and refund of funds, and other conditions for the provision of funds that the Fund's Council considers essential. 4. The Fund's funds are provided in US dollars and/or euros. 5. The Fund's funds are provided on the basis of agreements that are concluded by the Fund's Funds Manager with the recipient of the Fund's funds in accordance with the decision of the Fund's Council (hereinafter referred to as the Fund's Funds Allocation Agreements). The agreements on the provision of the Fund's funds, among other things, provide for: a) the recipient's obligation to take measures to prevent and prevent illegal actions related to the use of the Fund's funds, in accordance with international law and the recipient's national legislation. Violation of this requirement or the identification of cases of such illegal actions may be the basis for the adoption by the Board of the Fund of a decision on termination of financing, termination of the Agreement on the provision of funds to the Fund, filing a claim for early repayment of funds related to these cases.; b) provisions on the protection of recipients of the Fund's funds by national legislation so that there are no obstacles to the Fund's operations, payments under Agreements on the provision of Funds from the Fund and the satisfaction of other legal requirements arising from Agreements on the Provision of Funds from the Fund; c) the recipient's obligation to purchase goods, works and services from the funds of the Fund when financing interstate investment projects The Fund in accordance with the procedures, the application of which is provided for Agreement on the management of the Fund's funds. 6. The decisions of the Fund's Board on the provision of funds to the Fund are coordinated with bilateral financial assistance programs implemented outside the framework of the Fund by Fund participants among themselves and with the participation of international financial organizations. 7. Projects financed from the Fund's funds are carried out with the consent of the State party to the Fund, in whose territory it is planned to implement the project financed from the Fund's funds. Such consent is considered granted in the event of a positive vote by the representative of such a State on the Board of the Fund on the approval of the relevant operation. 8. The Fund's funds may be provided jointly with funds provided by States, international financial institutions and other interested organizations. 9. The Fund's funds cannot serve as collateral for the fulfillment of the obligations of the Fund's participants, the obligations of the Fund's Funds Manager and any other obligations.
Article 11 Placement (investment) of temporarily unused Fund funds
1. The Fund's funds, which are not required to be used in the near future for the purpose of providing financing in accordance with Article 10 of these Regulations, may be invested and/or placed in deposits. 2. Such investment and/or placement in deposits is carried out in accordance with the decisions of the Fund's Board referred to in paragraph 2 (m) of Article 13 of these Regulations.
Section III Fund management
Article 12 General principles of Fund management
1. The Fund's participants manage the Fund's funds through the Fund's Board. The Fund's funds are managed by the Fund's Board in conjunction with the Fund's funds manager. 2. The Board of the Fund does not authorize the attraction of contributions to the Fund, as well as the receipt of any other assistance or assistance that may in any way prejudice its goals and objectives, limit them, lead to deviation from them or otherwise change them. 3. When making decisions, the Board of the Foundation is guided solely by the objectives of the activities carried out within the framework of the Foundation.
Article 13 Foundation Council
1. The Fund's Board represents the interests of the Fund's participants in all matters of attraction, placement (investment) and use of the Fund's funds and any other issues related to the Fund. 2. The Board of the Foundation: a) authorizes the admission of new participants to the Fund; b) authorizes the making of additional contributions and donations to the Fund; c) approves the terms and procedure for making contributions by new participants, additional contributions and donations to the Fund; d) oversees the making of contributions to the Fund, the presentation of promissory notes for repayment and the making of payments on them; e) approves the list of banks for opening Fund Accounts; f) approves programs of activities financed from the Fund's funds and annual reports on their implementation; g) decides on the provision of funds from the Fund with approval of the basic conditions for the provision of financing; h) annually approves the estimate of administrative expenses of the Fund's Funds Manager for the management of the Fund's funds and reports i) supervises the activities of the Fund's Funds Manager for the administrative management and disposal of the Fund's funds; (k) Oversees the activities of the Fund's Funds Manager in providing the Fund's funds and placing (investing) temporarily unused funds of the Fund; (l) reviews the Fund's Funds Manager's reports on the effectiveness of operations financed from the Fund's funds; (m) reviews and accepts: - the procedure for providing stabilization loans and sovereign loans from the Fund; - the procedure for providing funds from the Fund to finance interstate investment projects; - the procedure for placing (investing) temporarily unused funds of the Fund (Investment Declaration); - the procedure for providing grants from the Fund to finance government programs in social sectors; h) decides on the suspension and termination of financing carried out on the basis of Agreements on the provision of funds of the Fund, in accordance with the terms of such agreements; o) reviews and approves annual reports on the activities of the Fund's Fund Manager for the administrative management and management of the Fund's funds, audit reports and other reports on activities within the Fund; p) determines the Fund participant's share of the Fund's funds in order to return it in the event of a participant's withdrawal from the Fund; p) decides on suspension and initiation termination of the Fund's operations, including determining the terms and conditions for the distribution of the Fund's funds among the Fund's participants in order to return them after the termination of its operations; (c) Determines the procedures for terminating the operations of the Fund; (t) resolves the disputes referred to in paragraph 1 of article 23 of this Regulation; (y) submits proposals to the founding States and participants of the Fund on amendments to the Agreement on the Establishment of the Fund, this Regulation and the Agreement on the Management of the Fund's Funds; (f) submits proposals to the participants of the Fund on the replacement of the Funds Manager x) resolves any other issues related to the management of the Fund's funds. The footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 02/25/2016 No. 462-V.
Article 14 Rules of Procedure of the Foundation Council
1. Each participant of the Fund has the right to be represented in the Board of the Fund and to participate in its meetings. The Board of the Foundation includes one authorized representative from each participant of the Foundation. 2. The Minister of Finance of such a State Party shall be the authorized representative of a State party to the Fund in the Board of the Fund. The international organizations participating in the Foundation send their authorized representatives to participate in the meetings of the Foundation. 3. One person has the right to simultaneously represent several Fund participants in the Board of the Fund, if such participants have given their consent to this and notified the Board of the Fund and the Fund's Funds Manager in advance. 4. Each representative of a Fund participant on the Board of the Fund is given the number of votes in proportion to the amount of his monetary contribution to the Fund. Unpaid bills of exchange are not taken into account when determining the contribution amount for calculating the number of votes of a Fund participant on the Fund's Board. One vote for the purposes of voting in the Board of the Fund is equivalent to every 100,000 (one hundred thousand) US dollars paid to the Fund in the form of a monetary contribution. All decisions of the Foundation's Board are made by a simple majority of the votes cast. 5. The Fund's Board meetings may be attended by representatives of the Fund's Fund Manager, as well as experts accompanying representatives of the Fund's participants to the Fund's Board. 6. At the invitation of the Chairman of the Board of the Fund, representatives of States, international and other organizations, including those not participating in the Fund, are present as observers at meetings of the Board of the Fund when considering specific items on the agenda. 7. Representatives of the Fund's participants on the Fund's Board and their experts do not receive any remuneration from the Fund's funds for performing their duties on the Fund's Board. The Fund's participants themselves pay the costs associated with the participation of their representatives in meetings of the Fund's Board. 8. The Foundation's Board meets as needed, but at least twice a year. 9. Extraordinary meetings of the Fund's Council are convened by the Chairman of the Fund's Council by decision of the Fund's Council, on the own initiative of the Chairman of the Fund's Council, as well as at the request of the Fund's Fund Manager or Fund participant(s), who, as of the date of such request, accounts for at least one third of the total amount of all contributions to the Fund, as determined in in accordance with paragraph 4 of this Article of the Regulation. 10. A meeting of the Fund's Board is valid if it is attended by representatives of the Fund's participants who hold at least 90% (ninety percent) of the total amount of all contributions to the Fund, determined in accordance with paragraph 4 of this Article of the Regulations. Any meeting of the Fund's Board at which there is no quorum may be postponed for a maximum period of two (2) days by a decision of the majority of representatives of the Fund's participants present at the meeting. No notification of such a postponed meeting will be sent. 11. The Board of the Foundation may declare a temporary break in the meeting and resume its work after the break. 12. The place and dates of meetings of the Board of the Fund are determined by the Board of the Fund or, in the case of extraordinary meetings or in the absence of a corresponding decision of the Board of the Fund, by the Chairman of the Board of the Fund. 13. Representatives of the Fund's participants in the Fund's Board must be notified of the date, time, venue and agenda of each meeting of the Fund's Board. Such notifications shall be sent by the Chairman of the Board of the Fund or, on his behalf, by the secretariat of the Board of the Fund no later than 45 (forty-five) days before the date of the beginning of any ordinary meeting and 30 (thirty) days before the date of the beginning of an extraordinary meeting, unless the Board of the Fund decides otherwise. In case of emergency, such notifications may be sent 10 (ten) days before the start date of the meeting. 14. After notification of the agenda of any meeting of the Fund's Board is sent, additional issues may be included in it at the request of any Fund participant or Fund Fund Manager. Such requests for additional issues to be included in the agenda must be sent to the Chairman of the Board of the Fund with notification to the secretariat of the Board of the Fund no later than 15 (fifteen) days before the start date of the relevant meeting, unless a later date is agreed with the Chairman of the Board of the Fund. 15. During its meeting, the Board of the Foundation may change, add or exclude items from the agenda. 16. The Board of the Fund may, by decision of the Chairman of the Board of the Fund, based on the request of any representative of the Fund participant on the Board of the Fund or the Fund's Funds Manager, vote by means of a written absentee poll of representatives of the Fund participants on the Board of the Fund (absentee voting). Such decisions are formalized by the minutes of the absentee voting of the Fund's Council, which is sent to the representatives of the Fund's participants in the Fund's Council. Absentee voting is conducted in exceptional cases when a decision on a specific issue cannot be postponed until the next regular meeting of the Fund's Board and cannot serve as a basis for convening an extraordinary meeting of the Fund's Board. In this case, a proposal concerning this issue is sent to each representative of the Fund participant on the Board of the Fund, with a request to vote on this proposal. Responses to such a request for a vote must be sent within the time limits specified in the request. The deadline for responding may not be less than 30 (thirty) days from the date of receipt of the voting proposal. After the deadline for receiving responses, representatives of the Fund's participants in the Fund's Board are informed of the results of the absentee voting and these results are recorded in the minutes. The decision of the Fund's Board based on the results of absentee voting is considered adopted, taking into account the requirements for the number of votes cast and the quorum specified in paragraphs 4 and 10 of this Article of the Regulations. 17. The minutes of meetings and absentee voting of the Foundation's Board are signed by the Chairman of the Foundation's Board. Copies of the signed protocols are sent to each representative of the Fund participant on the Board of the Fund and to the Fund's Funds Manager. 18. Decisions of the Foundation's Board are made on the basis of and taking into account the conclusions of the Foundation's Expert Council. The conclusions prepared by the Fund's Expert Council on the issues on the agenda of the upcoming meeting of the Fund's Council and absentee voting are sent to all representatives of the Fund's participants in the Fund's Council within the time limits determined in accordance with paragraph 13 of this Article of the Regulations. 19. The Board of the Fund may establish subsidiary bodies to ensure its activities, which are not the management bodies of the Fund's funds.
Article 15 Chairman of the Board of the Foundation
1. The Chairman of the Board of the Fund is the representative of the Fund participant in the Board of the Fund, which accounts for the largest number of votes in the Board of the Fund, determined in accordance with paragraph 4 of Article 14 of these Regulations. The first Chairman of the Foundation's Board is the representative of the Foundation's founding State on the Foundation's Board, which accounts for the largest contribution to the Fund in accordance with the Foundation's Establishment Agreement. 2. The Chairman of the Board of the Foundation: a) approves the agenda of meetings of the Board of the Foundation; b) determines the place and dates of meetings of the Board of the Fund in accordance with paragraph 12 of Article 14 of these Regulations; c) decides on holding absentee voting of the Board of the Fund in accordance with paragraph 16 of Article 14 of these Regulations; d) sends notifications of meetings or absentee voting of the Board of the Fund or gives appropriate instructions to the secretariat of the Board of the Fund; e) approves the composition of the Fund's Expert Council in accordance with the procedure established by paragraph 2 of Article 16 of these Regulations.; f) sends documents and materials submitted for consideration by the Fund's Council to the Fund's Expert Council for preliminary examination in accordance with Article 16 of these Regulations, interacts with the Fund's Expert Council and gives it binding instructions on these issues; g) conducts meetings of the Fund's Council; h) signs minutes of meetings and absentee voting The Board of the Foundation; i) interacts with the secretariat of the Fund's Council on issues related to the holding of meetings of the Fund's Council, including giving binding instructions to the secretariat of the Fund's Council; k), as necessary, sends invitations to representatives of States, international and other organizations to attend meetings of the Fund's Council as observers; k) resolves other issues within the framework of performing the functions Chairman of the Foundation's Board.
Article 16 The Foundation's Expert Council
1. The Expert Council of the Foundation carries out a preliminary examination of all issues, documents and materials submitted for consideration by the Council of the Foundation, and prepares expert opinions with recommendations and draft decisions on these issues, documents and materials for the Council of the Foundation. 2. The composition of the Fund's Expert Council is formed by representatives of the Fund's participants in the Fund's Council, each of whom appoints one expert to the Fund's Expert Council, and is approved by the Chairman of the Fund's Council. 3. Decisions of the Foundation's Expert Council are made by voting on terms similar to those adopted by the Foundation's Council. 4. The conclusions of the Fund's Expert Council are sent to the Chairman of the Fund's Council for subsequent transmission to the representatives of the Fund's participants in the Fund's Council. If, based on the results of the examination, the Fund's Expert Council has concluded that the relevant issue, document or material is not ready for consideration and decision-making by the Fund's Council, such an issue, document or material may be submitted to the Fund's Council only on the basis of a separate decision by the Chairman of the Fund's Council. 5. The Foundation's Expert Council operates on the basis of regulations approved by the Foundation's Council.
Article 17 The Fund's Secretariat
1. The Fund's secretariat ensures the work of the Fund's Board and is responsible for preparing and holding meetings of the Fund's Board, including: a) in agreement with the Chairman of the Board of the Fund, prepares a draft agenda for each meeting of the Board of the Fund; b) prepares and sends notifications of meetings of the Board of the Fund in the manner and within the time limits provided for by the Regulations on the Fund; c) prepares and sends notifications of absentee voting of the Board of the Fund in the manner and within the time limits provided for by this By position; d) immediately notify the representatives of the Fund's participants in the Fund's Council of additional issues on the agenda of the meeting of the Fund's Council in the cases and in accordance with the procedure provided for in these Regulations; e) appoint an official who performs the functions of secretary of the meeting of the Fund's Council; f) on the basis of credentials, inform the representatives of the Fund's participants in the Fund's Council of the number of votes cast They are available for voting at the upcoming meeting.; g) keeps minutes of meetings of the Fund's Councils and absentee voting, sends minutes of representatives of the Fund's participants to the Fund's Council signed by the Chairman of the Fund's Council; h) informs representatives of the Fund's participants to the Fund's Council about receiving notifications of withdrawal from the Fund's membership in accordance with the Regulations on the Fund; i) performs other functions necessary to ensure the holding of meetings The Board of the Foundation. 2. The functions of the secretariat of the Fund's Council are performed by the Eurasian Development Bank. The footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 02/25/2016 No. 462-V.
Article 18 Fund Manager
1. The administrative management and disposal of the Fund's funds is carried out by the Fund's Funds Manager on behalf of and on behalf of the Fund's participants on the basis of an Agreement on the Management of the Fund's Funds. 2. The replacement of the Fund's Funds Manager may be carried out by the Fund's participants on the basis of a proposal from the Fund's Board.
Article 19 Accounting of the Fund's funds and audit
1. Separate accounting and reporting is conducted with respect to the Fund's funds. For these purposes, the financial management system of the Fund's funds is applied, including the maintenance of accounting records and accounts and the preparation of financial statements in accordance with International Financial Reporting Standards, which are consistently applied and appropriately reflect the activities, resources and expenses related to activities financed from the Fund. 2. An independent external audit is conducted annually to verify accounting and confirm the reliability of financial statements on transactions carried out with the Fund's funds. An external audit is conducted until the end of the first quarter of the year following the reporting one. The annual report and audit reports are reviewed by the Foundation's Board. The annual report is published based on the principles of transparency. 3. Transactions with the Fund's funds are carried out through the Fund's accounts opened in banks approved by the Fund's Board (hereinafter referred to as the Fund's Accounts). 4. The Fund's accounts are maintained in US dollars or euros. 5. The financial year of the Fund is a calendar year.
Section IV Withdrawal from the Fund's membership, suspension and termination of the Fund's operations, dispute resolution
Article 20 Withdrawal from the membership of the Foundation
1. Any participant of the Fund has the right to withdraw from the membership of the Fund by notifying the Board of the Fund in writing of his intention. Such written notification shall be sent to the Chairman of the Board of the Fund with a copy to the secretariat of the Board of the Fund and immediately communicated by the secretariat of the Board of the Fund to all members of the Board of the Fund and the Fund's Funds Manager. 2. From the date of receipt of the said notification of withdrawal from the Fund's membership: a) all rights granted to this Fund participant in accordance with the Fund's Documents, except for the right to withdraw from the Fund's membership, are suspended; b) this Fund participant is not entitled to vote when making any decisions by the Fund's Board, with the exception of decisions on determining the size of his share in the Fund. At the same time, he retains all obligations under Agreements concluded by such a participant on the provision of Fund funds as long as any part of the Fund's funds provided to him on a refundable basis remains unpaid; c) this Fund participant is not liable for transactions with Fund funds made after receiving notification of his intention to terminate his participation in operations of the Fund. 3. Within one year from the date of receipt of the notification of a Fund participant on withdrawal from the Fund's membership, an agreement is concluded with such participant on the basis of a decision of the Fund's Board by the Fund's Funds Manager on the term and procedure for paying this participant's share in the Fund's funds. The share of such a participant in the Fund's funds is determined in accordance with the procedure adopted by the Fund's Board, taking into account the amount of the participant's actual contribution and the time frame for its payment, and taking into account paragraph 4 of Article 9 of these Regulations. 4. Prior to the expiration of one year from the date of receipt of the notification of the Fund participant on withdrawal from the Fund's membership, or before the date of conclusion of an agreement on the term and procedure for payment of the share (whichever is earlier), this Fund participant may notify the Fund Council in writing of the cancellation of the notification in accordance with paragraph 1 of this Article. Provisions. 5. A Fund participant who has notified the Board of the Fund of his withdrawal from the Fund's membership is considered to have withdrawn from the Fund's membership from the date of conclusion of the agreement on the term and procedure for payment of the share, but no later than one year from the date of receipt of his written notification of withdrawal from the Fund.
Article 21 Temporary suspension of the Fund's operations
In an emergency situation, the Board of the Fund may decide to suspend the conclusion of new Agreements on the provision of funds and other transactions with the Fund's funds until the Board of the Fund considers the situation and takes the necessary measures.
Article 22 Termination of the Fund's operations
1. The decision to initiate termination of the Fund's operations is made by the Fund's Board. The decision to terminate the Fund's operations is made by the Fund's participants upon the recommendation of the Fund's Board. 2. When the Fund's Board decides to initiate termination of the Fund's operations, all operations with the Fund's funds are immediately terminated, with the exception of activities to protect and preserve the Fund's funds, accumulate payments under existing Agreements on the provision of Fund funds and settle obligations payable from the Fund's funds that arose before the date of the relevant decision by the Fund's Board. 3. All rights and obligations of the Fund's participants related to the Fund's operations remain in full force until the final settlement of the Fund's obligations and the allocation of funds. 4. The distribution of the Fund's funds among the Fund's participants is carried out in accordance with the procedure adopted by the Fund's Board. The distribution of shares is carried out within such time limits, in such currencies and in such amounts as the Fund's Board deems reasonable and fair, if possible, in the currency in which the relevant contributions were made. 5. The Fund's funds are distributed only after all the Fund's obligations (including payments due to the Fund's Funds Manager) have been fulfilled or accounted for. Any transfer of the Fund's funds to a Fund participant in the order of allocation of the Fund's funds is subject to a preliminary settlement of all outstanding claims against such a Fund participant in respect of his contribution.
Article 23 Dispute resolution procedure
1. Disputes arising between the founding States of the Fund and/or participants in the Fund and/or former participants in the Fund, referred to in article 7 of the Foundation Agreement or arising during the operations of the Fund, shall, if possible, be resolved by the parties to the dispute through negotiations and consultations. 2. In the event that such disputes have not been resolved through negotiations and consultations within at least 6 (six) months from the date of their occurrence, they are referred by either party to the dispute to the Board of the Foundation for resolution. 3. Any of the parties to the dispute may challenge the decision of the Fund's Board by referring the dispute to an arbitration court consisting of three arbitrators, one of whom is appointed by the Fund's Board, the other by the relevant Fund participant challenging the decision of the Fund's Board, and the third by agreement of the appointed arbitrators or if the arbitrators do not reach a single agreement within 6 months. (six) months after their appointment, the President of the International Court of Justice of the United Nations. When choosing the third arbitrator, the elected arbitrators are guided by the rule that he should not be a national of a State party to the dispute or a representative of an international organization party to the dispute. When resolving a dispute, the Arbitrators are guided by the UNCITRAL Arbitration Rules, taking into account the public law nature of the dispute. The language of arbitration is Russian. The arbitrators make a decision by a majority vote, and their decision is final and binding on the parties to the dispute.
I hereby certify that this text is a complete and authentic copy of the original decision of the Interstate Council of the Eurasian Economic Community (at the level of heads of Government) dated June 9, 2009 No. 420, signed on behalf of the Republic of Belarus by Prime Minister of the Republic of Belarus Sidorsky S.S., on behalf of the Government of the Republic of Kazakhstan by Prime Minister of the Republic of Kazakhstan Masimov K.K., from the Government of the Kyrgyz Republic - by the Prime Minister of the Kyrgyz Republic I.V. Chudinov, from the Government of the Russian Federation - V.V. Putin, Chairman of the Government of the Russian Federation, and A.G. Akilov, Prime Minister of the Republic of Tajikistan, on behalf of the Government of the Republic of Tajikistan. The original copy is kept in The Integration Committee of the Eurasian Economic Community.
Director Legal Department of V. Knyazev
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
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