On the signing of the Memorandum of Understanding between the Republic of Kazakhstan and the International Monetary Fund regarding the Regional Capacity Development Center for the Caucasus, Central Asia and Mongolia
Decree of the President of the Republic of Kazakhstan dated October 22, 2024 No. 682
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the attached draft Memorandum of Understanding between the Republic of Kazakhstan and the International Monetary Fund regarding the Regional Capacity Development Center for the Caucasus, Central Asia and Mongolia.
2. To authorize Timur Muratovich Suleimenov, Chairman of the National Bank of the Republic of Kazakhstan, to sign on behalf of the Republic of Kazakhstan a Memorandum of Understanding between the Republic of Kazakhstan and the International Monetary Fund regarding the Regional Capacity Development Center for the Caucasus, Central Asia and Mongolia, authorizing amendments and additions that are not fundamental.
3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on October 22, 2024 No. 682
Project
Memorandum of Understanding between the Republic of Kazakhstan and the International Monetary Fund regarding the Regional Capacity Development Center for the Caucasus, Central Asia and Mongolia
The preamble
The Republic of Kazakhstan (hereinafter referred to as "Kazakhstan") and the International Monetary Fund (hereinafter referred to as the "IMF"), hereinafter referred to as the "Parties", share a commitment to the successful development and implementation of sustainable, growth-oriented and poverty-reduction economic policies in the Caucasus, Central Asia and Mongolia (hereinafter referred to as the "CCAMLR" or "Region").
For this purpose and in accordance with section 2 (b) of article V of the Articles of Agreement of the International Monetary Fund (hereinafter referred to as the "Articles of Agreement") The IMF has decided to establish a Regional Capacity Development Center for the Caucasus, Central Asia, and Mongolia (hereinafter referred to as the "CPT-CCAM" or the "Center") to serve the Republic of Armenia, the Republic of Azerbaijan, Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, Mongolia, the Republic of Tajikistan, Turkmenistan, and the Republic of Uzbekistan (hereinafter referred to as the "Partner Countries beneficiaries") and other Beneficiary Countries that may be joined in the future. The aim of the CTP-CCE is to assist beneficiary Countries in building strong institutions and improving skills to develop and implement sound economic policies that promote sustainable growth and poverty reduction. The activities of TSTC-CAC will focus on the provision of technical assistance (hereinafter referred to as "TP"), seminars and other training activities related to TP at the country and regional levels in the areas of competence of the IMF.
Kazakhstan welcomes and supports the efforts of the IMF, and in order to facilitate this intention, Kazakhstan has proposed to locate the office of the CSTC in Almaty. With the acceptance of this proposal by the IMF, Kazakhstan will provide support in accordance with the provisions of this Memorandum. The CTP-CCA will be an institution of the IMF and will not have a legal personality different from that of the IMF, in accordance with section 2 of Article IX of the Articles of Agreement.
Agreements and obligations of the Parties
To achieve the above objectives, Kazakhstan and the IMF have reached the following agreements:
Article 1
Kazakhstan undertakes to facilitate the establishment of the office and activities of the TSTC-KCAM in Almaty, including by providing assistance in opening a bank account with a commercial bank in its territory.
Article 2
One Director (including any official acting as Director during his absence (hereinafter referred to as the "Director"), a group of permanent advisers (internationally hired staff), a group of staff hired in the host country, and short-term experts will be employed at the CTP-CAC; all of them will continue to be employees of the IMF. They will be referred to as "employees of the TsTP-KTSAM."
(a) The IMF will appoint and supervise an IMF official who will serve as the Director of the CSTC.
(b) The Permanent Advisory Group (internationally recruited staff) will consist of specialists in a number of the IMF's core areas of expertise. The selection and appointment of these staff will be carried out by the IMF on terms that are appropriate taking into account the needs of the Beneficiary Countries.
(c) A group of staff employed in the host country will be selected and appointed by the IMF on such terms and conditions as it deems appropriate, taking into account the needs of the Center.
(d) The work of the CSTC will be facilitated by short-term experts who will be engaged on a project basis to provide TA and other work in Kazakhstan and the region.
(e) Along with the staff of the CSTC-CTS, IMF officials from its headquarters and foreign locations will visit CSTC-CTS as necessary to carry out work related to the activities of the Center and its management, as well as the work program.
Article 3
The CRC-CCAM will be guided in its activities by the decisions of the coordinating committee. The Coordinating Committee will carry out the strategic management of the Center and assist in determining its priorities. Activities funded from the sub-account of the Center are subject to review and approval by the Coordinating Committee. The Coordinating Committee will meet at least once a year to approve the annual work plan for the next financial year and assess the extent of its implementation during the current financial year.
Article 4
Officials of the Beneficiary Countries will have the right to participate in TA programs and regional TA-related training events, as well as other events organized by the TSCC. Officials from other IMF member countries (non-beneficiaries) and other organizations may be invited to participate in events in coordination with the IMF.
Article 5
The operational and founding costs of the CTP-CCA, including the costs of office space and its maintenance, the costs of the staff of the CTP-CCA, TA activities, regional training events (seminars, workshops), travel expenses, some costs of participants and related costs will be covered by financial contributions from Beneficiary Countries and participating partners-donors that will be managed by the IMF through a multilateral administrative subaccount in accordance with its rules and procedures. The IMF will cover the costs of salaries, social guarantees and housing for the Director of the CSTC.
(a) The amount of financial contributions from Beneficiary Countries, including Kazakhstan, and participating partner countries to the Center will be determined by separate Letters of Agreement.
Article 6
Kazakhstan undertakes to provide the IMF with the necessary support to the maximum extent possible for the establishment of the CTP-CAC, as well as for the effective implementation of its activities by the Center.
(a) The IMF leases an office space of about 1,000 square meters for the CTP-KCI. m for the accommodation of TSTP employees-KTSAM and office premises, which will be equipped with everything necessary to support the Center's activities, including furniture, information technology (hereinafter referred to as "IT") (stationary computers, server equipment, network equipment, cabling, Internet provider equipment, network, etc.) and organizational equipment for the office (copiers, telephones, audio-visual equipment, video conferencing system), as well as a sufficient number of designated parking spaces. The premises must comply with the requirements of the IMF for security, safety (fire and seismic standards), real estate and information technology; these may include the presence of a video surveillance system, access control, uninterrupted power supply and a backup power generator to maintain all IT services, as well as booths or security posts. The IMF or an on-site agency authorized by it will periodically assess compliance with the specified requirements and inspect the facility. Additional training facilities outside the CSTC will be used for major conferences, lectures and seminars.
Article 7
Kazakhstan confirms its commitment to extend the privileges and immunities set out in Article IX of the Articles of Agreement, as well as the following additional privileges, immunities and benefits agreed upon by the Parties, to the CSTC-CSTC and the staff of the CSTC-CSTC:
(a) The premises of the CSTC are inviolable and are under the sole control and direction of the IMF. No official or official of Kazakhstan or any other person with State authority in Kazakhstan may enter or perform duties at the premises of the CSTC-CSTC, except with the consent of the IMF or the Director of the CSTC-CSTC.
(b) Kazakhstan shall take all necessary measures to protect the Center and its staff from intrusion or damage and to prevent violations of law and order in the Center, including political violence, criminal activity and attacks using explosive and incendiary devices. Central Asian refugees are provided with the same protection as diplomatic missions in Kazakhstan. At the request of the IMF or the Director of the CSTC, Kazakhstan provides sufficient police forces to restore law and order in the Center or expel offenders.
(c) The IMF, its assets, income and property are exempt from customs duties, as well as import and export prohibitions and restrictions on items imported or exported by the IMF for official use. In particular, the CTP-KCAM enjoys the following customs privileges:
i. Exemption from all customs duties, import taxes and other charges for the import of equipment, supplies and technical materials intended for use in achieving the objectives of the Center;
ii. permission to import vehicles for use by the Center. Kazakhstan provides the same type of registration numbers for such vehicles, which is provided for vehicles of diplomatic missions.
(d) The staff of the CSTC, referred to in Article 2 of this Memorandum, and officials of the IMF from its headquarters and foreign locations, including those who are in Kazakhstan on a mission or travel, regardless of their nationality, enjoy the following privileges and immunities:
i. immunity from jurisdiction in relation to actions in the performance of their official duties, except in cases where the IMF expressly waives such immunity;
ii. exemption from taxes and other deductions, as well as mandatory deductions such as contributions to compulsory social health insurance, mandatory pension contributions, in respect of salaries and payments made by the IMF.
The IMF has its own plans for pension provision and medical insurance for the staff of the CSTC. The employees of the CTP-CAC have the right to participate in the pension and (or) compulsory social health insurance systems of the Republic of Kazakhstan on the terms stipulated by the national legislation of the Republic of Kazakhstan.
The IMF undertakes to explain the provisions of this article to the staff employed in the host country when applying for employment.;
iii. With the exception of citizens of Kazakhstan, the same privileges regarding currency exchange are granted to officials of comparable rank of diplomatic missions.;
iv. With the exception of citizens of Kazakhstan, the same repatriation benefits applicable to dependents and household staff enjoyed by diplomatic representatives during international crises; and
v. with the exception of citizens of Kazakhstan, exemption from immigration restrictions.
(e) In addition to the immunities, exemptions and privileges referred to in articles 7 (a) to 7 (d) above, the Director of the TSCC (including any official acting as Director during his absence), as well as the spouse (e) and dependents of the Director, privileges, immunities, exemptions and privileges granted in Kazakhstan to heads of diplomatic missions and their dependents are provided.
(f) The IMF will inform Kazakhstan of the names of the staff of the CSTC, as well as their dependents and members of the household staff who are subject to the provisions of this Memorandum.
(g) Kazakhstan provides assistance, to the maximum extent possible, to the entry into and exit from Kazakhstan of the staff of the CTP-CAC.
Article 8
(a) Privileges and immunities are granted to the persons referred to in paragraph (d) of Article 7 of this Memorandum only in the interests of the CSTC and the IMF, and not for the personal benefit of these persons.
(b) Without prejudice to the privileges and immunities set forth in this Memorandum, the CSTC and the IMF shall continuously cooperate with the relevant authorities of Kazakhstan to facilitate the proper administration of justice, ensure compliance with police regulations, and prevent any abuse of the privileges, immunities, and conditions referred to in article 7 of this Memorandum.
Article 9
The relevant authorities of Kazakhstan shall provide the staff of the Central Bank of Kazakhstan, designated by the IMF in accordance with Article 7 (f), with a special identification card, which serves as identification of the holder before the authorities and confirms that the holder has the privileges and immunities specified in this Memorandum.
Article 10
Upon assuming office, the Director and permanent advisers appointed to the TSTC-KCI receive the right to import household property and motor vehicles for personal use without paying duties and other charges. Kazakhstan provides the same type of registration numbers for such vehicles as for vehicles of diplomatic missions.
Article 11
The CTP-KCAM has the right to use designated diplomatic mail (or diplomatic bag) to send and receive official correspondence, as well as items for official use by the CTP-KCAM.
Article 12
The spouse and dependents of the Director of the CSTC, permanent advisers and other non-local staff are eligible for paid work in Kazakhstan in accordance with the national legislation of Kazakhstan. In this case, the spouse and dependents of the Director of the CTP-CAC are not subject to immunity from civil, administrative and criminal liability for actions related to their professional activities, and immunity from taxation and mandatory contributions deducted from salaries received in connection with such work in Kazakhstan.
Article 13
Kazakhstan makes every effort to ensure the timely issuance of visas to all staff members of the Center, who do not have Kazakh citizenship, and their family members, representatives of States or organizations, invited by the Center, official visitors to the Center and participants invited to participate in training courses and seminars on TP issues held at the Center.
Article 14
(a) This Memorandum shall be concluded for an indefinite period and shall enter into force on the date on which the IMF receives, through diplomatic channels, a written notification from the Republic of Kazakhstan on the completion of the internal procedures necessary for the entry into force of this Memorandum.
(b) By mutual agreement of the Parties, amendments or additions may be made to this Memorandum, which are its integral parts and are formalized in separate protocols that enter into force in accordance with the procedure provided for in paragraph (a) of this article. Any disputes arising in connection with the interpretation or implementation of this Memorandum are resolved through appropriate consultations and by mutual agreement of the Parties.
(c) This Memorandum remains in force until the expiration of six (6) months from the date of receipt through diplomatic channels by one of the Parties of a written notification by the other Party of its intention to terminate it.
Signed __________________ 2024 of the year in two copies in English.
For the Republic of Kazakhstan And the International Monetary Fund
President
Republic of Kazakhstan
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