On the ratification of the Treaty on Allied Relations between the Republic of Kazakhstan and the Kyrgyz Republic
Law of the Republic of Kazakhstan dated November 9, 2006 No. 187
To ratify the Treaty on Allied Relations between the Republic of Kazakhstan and the Kyrgyz Republic, signed in Astana on December 25, 2003.
President of the Republic of Kazakhstan
Treaty on Allied Relations between the Republic of Kazakhstan and the Kyrgyz Republic (Entered into force on November 30, 2006 - Bulletin of International Treaties of the Republic of Kazakhstan, 2007, No. 1, art. 6)
The RCPI's note. The Agreement is amended by the Protocol on Amendments to the Treaty on Allied Relations between the Republic of Kazakhstan and the Kyrgyz Republic dated December 25, 2003, ratified by the Law of the Republic of Kazakhstan dated 03/15/2010 No. 256-IV.
The Republic of Kazakhstan and the Kyrgyz Republic, hereinafter referred to as the Contracting Parties, based on deep traditions of friendship and good-neighborliness, fraternal relations between the peoples of the Contracting Parties, guided by the Treaty of Eternal Friendship between the Republic of Kazakhstan and the Kyrgyz Republic dated April 8, 1997, reaffirming their commitment to the purposes and principles of the Charter of the United Nations, the Helsinki Final Act and other documents Organization for Security and Co-operation in Europe, generally recognized principles and norms of international law, mutually striving to strengthen bilateral multifaceted cooperation based on mutual respect, trust, consent and equality, based on the need for cooperation in ensuring regional security and stability, jointly countering any manifestations of terrorism, extremism, organized crime, drug trafficking, illegal migration and other challenges and threats to national security, being convinced that, That the establishment of allied relations will make it possible to combine efforts in the interests of social and economic progress of both states and meets the fundamental interests of the peoples of Kazakhstan and Kyrgyzstan, noting the high level of interstate cooperation achieved, striving to give a new quality to their relations, agreed as follows:
Article 1
The Contracting Parties continue to develop bilateral cooperation based on allied relations in order to further promote, enhance and improve the forms and mechanisms of multifaceted cooperation in the field of political, economic, military, social, scientific, technological, cultural and humanitarian relations.
Article 2
The allied relations between the Contracting Parties are based on the principles of respect for the sovereign equality of States, independence, territorial integrity, voluntariness and conscientious fulfillment of their obligations.
Article 3
The Contracting Parties pursue a common policy to ensure mutual security and closely cooperate in the fight against international terrorism, extremism, organized crime, drug trafficking, illegal migration and other challenges and threats to national security.
Article 4
The Contracting Parties closely cooperate in determining positions on major international issues and issues of mutual interest, holding appropriate consultations.
Article 5
The Contracting Parties coordinate activities in the military field in accordance with international treaties to which they are parties. In order to ensure reliable security, the Contracting Parties develop general principles of military construction.
Article 6
The Contracting Parties, in the event of an act of aggression against any of the Contracting Parties, shall provide each other with the necessary assistance, including military assistance, in the exercise of the right to collective defense in accordance with Article 51 of the Charter of the United Nations, as well as using mechanisms within the framework of the Collective Security Treaty Organization.
Article 7
The Contracting Parties shall take the necessary measures for the proper protection of their State borders and pursue a unified policy for the protection of State borders in accordance with the provisions of this Treaty and other international treaties to which they are parties. The competent authorities of the Contracting Parties constantly exchange information on the stay of third-country nationals in the territories of the Contracting Parties, as well as coordinate and take measures necessary for the unhindered entry, exit and stay of citizens of one Contracting Party in the territory of the other Contracting Party.
Article 8
The Contracting Parties shall create conditions for deepening mutual economic integration. To this end, the Contracting Parties shall take measures to gradually bring together the main economic indicators, harmonize legislation and implement a coordinated structural economic policy.
Article 9
The Contracting Parties shall implement measures aimed at harmonizing financial, monetary, and budgetary systems, as well as pursue coordinated investment, payment, settlement, and foreign trade policies. The Contracting Parties will create favorable conditions for financial, economic and investment activities, and the establishment of joint ventures in the territories of the Contracting Parties.
Article 10
The Contracting Parties shall implement measures for the integration and appropriate regulation of securities markets.
Article 11
The Contracting Parties shall implement measures to create a common infrastructure for integrated transport, communication and energy systems, as well as pursue a coordinated policy in the field of standardization, metrology and conformity assessment.
Article 12
In order to implement the provisions provided for in this Agreement in stages, the Contracting Parties shall adopt an Action Plan for Economic Integration between the Republic of Kazakhstan and the Kyrgyz Republic, which is an integral part of this Agreement.
Article 13
The Contracting Parties shall carry out coordinated actions in the field of rational and mutually beneficial use of water bodies, water and energy resources and water management facilities in accordance with international treaties to which they are parties.
Article 14
The Contracting Parties shall pursue a coordinated agricultural policy aimed at improving the efficiency of agricultural production, improving the provision of food and raw materials to the population and industry, supporting and protecting agricultural producers, organizing joint ventures for the production of agricultural products, and creating favorable conditions in their territories for the transit of agricultural goods originating from the territory of one of the Contracting Parties, in accordance with international treaties, of which they are members.
Article 15
In order to implement the industrial and innovation policy, the Contracting Parties shall coordinate measures for the rational deployment of new and modernization of existing production facilities.
Article 16
The Contracting Parties shall take measures to form a single information space.
Article 17
Each of the Contracting Parties guarantees equal rights to citizens of the other Contracting Party in obtaining education, employment, remuneration, and other social guarantees, in accordance with international treaties to which they are parties. In order to ensure the legal regulation of such relations, the Contracting Parties will conclude relevant international agreements.
Article 18
The Contracting Parties shall promote the deepening and expansion of cooperation between the parliaments of both States.
Article 19
To fulfill the goals and objectives of this Treaty, the Contracting Parties establish the Supreme Interstate Council (Heads of State, Government and Parliament). The Council of Foreign Ministers is responsible for coordinating the activities of the Supreme Interstate Council. The Supreme Interstate Council is headed by the heads of State and considers the most important issues related to the common interests of the Contracting Parties, determines the strategy and main directions for the development of allied relations and makes decisions aimed at the implementation of this Treaty. The order of work of the Supreme Interstate Council is determined by the Regulation, which is approved by the decision of the Supreme Interstate Council. The Supreme Interstate Council holds its meetings at least once a year.
Article 20
This Agreement does not affect the rights and obligations of the Contracting Parties arising from other international treaties to which they are parties.
Article 21
Disputes concerning the interpretation and application of the provisions of this Treaty shall be settled through consultations and negotiations between the Contracting Parties. By mutual agreement of the Contracting Parties, amendments and additions may be made to this Treaty, formalized by separate protocols, which are its integral parts and enter into force in accordance with the procedure provided for in Article 23 of this Treaty.
Article 22
This Treaty will be registered with the United Nations Secretariat in accordance with Article 102 of the Charter of that Organization.
Article 23
This Treaty is subject to ratification and shall enter into force on the date of receipt of the last written notification of its ratification by the Contracting Parties. This Agreement is concluded for an indefinite period and will remain in force until the expiration of twelve months from the date when one of the Contracting Parties sends a written notification to the other Contracting Party of its intention to terminate it.
Done in Astana on December 25, 2003, 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 the provisions of this Treaty, the Contracting Parties will refer to the text in Russian.
Behind For the Republic of Kazakhstan The Kyrgyz Republic
Action Plan for economic integration between the Republic of Kazakhstan and the Kyrgyz Republic
N n/a
Events
Due date (years)
Section I . In the field of foreign trade policy, Trade in goods
1
Creation of a system for exchanging information on goods produced in both countries, including export goods
2004
*2
Harmonization of regulatory legal acts and law enforcement practices in the field of the application of special protective, countervailing and anti-dumping measures in foreign trade in accordance with WTO rules and regulations: - development of rules for the application of uniform anti-dumping, countervailing and special protective measures in trade with third countries; - development of measures for the subsequent abolition of anti-dumping, countervailing and special protective measures in mutual trade
2005-2006 2006
Trade in services
3
Development of measures to liberalize access to service markets. Determining the list of priority service sectors that are of primary importance for the formation of a common services market between the two countries
2004-2005
4
Development and adoption of measures to harmonize legislation in the service sector
2004-2005
*5
Mutual recognition of qualification requirements for service providers (licenses, certificates) in priority sectors
2005
*6
Coordination of exemptions from the most-favored-nation trade in services in favor of the two countries in contractual and legal relations with third countries in accordance with the obligations assumed by each Party upon accession to the WTO
2004-2006
Formation of unified non-tariff regulation measures. Harmonization of legislation in the field of technical regulation
7
Carrying out work in the field of harmonization in accordance with the norms and rules of the WTO: - technical, medical, pharmaceutical, sanitary, veterinary, phytosanitary and environmental standards, norms, rules and requirements for imported goods; - the procedure for the application of standards and requirements for goods imported into the territories of the two countries; - the procedure for the importation into the customs territory of the two countries of products subject to mandatory conformity assessment; - the procedure for the development, adoption, amendment and cancellation of technical regulations; - rules and methods of research (tests) and measurements necessary for the application of technical regulations
2004-2005
8
Conducting a comparative analysis of the legislation of the two countries in the field of technical regulation for their compliance with the WTO agreements on technical barriers to trade and on the application of sanitary, veterinary and phytosanitary measures
2004-2005
*9
Coordination of rules for licensing the import and export of goods, as well as related individual activities
2004-2005
10
Harmonization of export control rules and the list of goods and technologies subject to export control in both countries
2005
*11
Mutual recognition of licenses, certificates and permits for import and/or export of goods
2006
*12
Development of an agreed procedure for the accreditation of certification bodies and testing laboratories (centers) performing conformity assessment work
2006
Section II . In the field of competition policy
13
Harmonization of legislation in terms of: - prevention and suppression of abuse by business entities of a dominant position in the market; - prevention and suppression of agreements (coordinated actions) of business entities that restrict competition; - prevention and suppression of unfair competition; - State control over economic concentration
2004-2005
Section III . In the field of customs and border policy
Unification of customs legislation
14
Development of measures to create a unified control system for the delivery of goods transported under customs control between the customs authorities of the two states
2004
15
Development of uniform measures to ensure payment of customs duties when goods are transported under customs control between the customs authorities of the two countries
2004-2005
16
Introduction of a unified procedure in the field of customs legislation: - making preliminary decisions in the field of customs legislation; - presentation of goods, vehicles and documents on them for the purposes of customs control; - customs clearance of goods transported by various modes of transport
2004-2005
17
Development of a unified procedure and rules for: - refund of customs payments; - provision of deferred and installment payment of customs duties; - customs clearance of goods subject to special labeling; - control of goods for which tariff and tax benefits are provided
2004-2005
18
Development of uniform rules for the customs valuation of goods, including those originating from third countries, taking into account WTO rules and regulations
2004-2005
19
Development of uniform rules for determining the country of origin of goods, including from third countries
2004
20
Implementation of joint customs control and mutual recognition of documents issued by authorized state bodies of the two countries
2004-2005
21
Coordination of conditions for the movement of electric energy between the two countries, unification of customs clearance and customs control of electric energy
2004
22
Preparation of an agreement on the movement of goods in transit through the customs territories of both countries
2004
Taking measures to create a unified automated Information system for Customs services
23
Development of measures for the use of unified information technologies of customs services
2004-2005
Ensuring economic security on the external borders of Kazakhstan and Kyrgyzstan, joint measures to combat smuggling
24
Harmonization of criminal and administrative legislation on customs offences
2004-2005
25
Organization of cooperation on training and retraining of customs and border guards in accordance with international standards and requirements
Constantly
*26
Development of the concept of a unified risk analysis and management system in customs
2005-2006
Creation of a system of interaction in the elimination of crisis situations on the external borders of Kazakhstan and Kyrgyzstan
27
Development of a system of operational interaction between the border agencies of the two countries using the forces and means of the Parties in the event of crisis situations at the external borders
2004
28
Implementation of measures to combat international terrorism and counter illegal migration to the territory of the two countries
2004-2005
29
Implementation of measures to combat the penetration of narcotic drugs, weapons and other contraband into the territory of the two countries
2004-2005
Section IV . Implementation of a coordinated economic policy
Harmonization of macroeconomic policy
30
Monitoring the state and development of the economies of the two countries. Preparation of quarterly express information and annual reports on the socio-economic situation of the two countries, including analysis of the state and dynamics of mutual trade in goods and services, investment activities
Constantly
31
Development of coordinated actions for economic reforms based on the analysis of socio-economic development programs
Constantly
32
Formation and implementation of joint scientific and technical programs in priority areas of socio-economic development
2004-2006
*33
Formation of uniform principles for regulating the activities of natural monopolies in the field of railway transport, telecommunications, transmission of electric energy, transportation of oil and gas, etc.
2005-2006
Harmonization of legislation in the field of budget regulation
34
Conducting a comparative legal analysis of national legislation in the field of budget regulation
2004
35
Harmonization of legislation in the field of budget regulation, including the general principles of budget formation and execution, relevant procedures and legislation
2004-2005
36
Organization of information exchange on the budget process of Kazakhstan and Kyrgyzstan
2004-2005
In the field of tax policy
37
Conducting a comparative legal analysis of tax legislation
2004
38
Harmonization of tax laws regarding the provision of benefits and preferences of an individual and sectoral nature
2004-2005
39
Transition to uniform rules for the collection of indirect taxes on exports, including the unification of the procedure and timing of VAT refunds
2004-2005
40
Improvement of systems for the organization of control over the payment of taxes by large taxpayers
2004-2005
41
Improving tax and customs control in the field of transfer pricing
2004
42
Convergence of excise rates
2004-2005
Section V. Intensification of cooperation in the real sector of the economy and investment cooperation
43
Development and implementation of interstate targeted programs in priority sectors of the economy
Constantly
44
Settlement of the issue of ownership rights of the Republic of Kazakhstan to sanatorium-resort facilities located on Lake Issyk-Kul of the Kyrgyz Republic
2004
*45
Development of a coordinated policy in the field of public procurement through the harmonization of legislation in the field of public procurement
2005
*46
Harmonization of legislation in the field of intellectual property rights protection and innovation promotion
2005-2006
Section VI. Formation and joint development of the energy market
Development of the energy market and creation of a unified energy system
47
Conducting an analysis of the current national legislation regulating relations in the field of energy in order to prepare proposals for their unification
2004-2005
48
Creation on a parity basis based on the results of an independent assessment of the production assets of a joint Kyrgyz-Kazakh enterprise for the joint operation of sections of the Bukhara gas-bearing Region - Tashkent - Bishkek -Almaty main gas pipeline passing through the territory of the Kyrgyz Republic
I quarter 2004
49
Creating conditions for access to the electricity markets of both countries and providing transit of electricity through the territories of both states, taking into account the rational use of water resources in the Naryn-Syrdarya basin
2004
50
Implementation of a set of joint measures in the field of geological exploration, exploration of mining facilities
2004-2006
51
Consideration of specific proposals of the Republic of Kazakhstan and determination of conditions for the establishment of a joint venture in order to optimize the modes of use of water and energy resources of the Naryn-Syrdarya cascade of reservoirs
II quarter 2004
52
Consideration of proposals of the Kyrgyz Republic and definition of conditions for joint construction and operation of Kambaratinsky hydroelectric power plants
II quarter 2004
53
Ensuring the stable functioning of national energy systems in parallel operation
Constantly
Section VII. Formation of a Transport union and realization of transit potential
54
Development of measures for the formation of a single transport space between the two countries
2004-2006
55
Consideration of specific proposals of the Kyrgyz Republic and determination of conditions for the presentation of a national tariff regime for economic entities of both countries when transporting goods by railways of the Republic of Kazakhstan and the Kyrgyz Republic
II quarter 2004
56
Organization of automobile communication between the two countries on a non-permissive basis
I quarter 2004
Section VIII. Cooperation in the agro-industrial sector
Implementation of a coordinated agricultural policy
57
Organization of cooperation in individual segments of the agro-industrial sector
2004-2005
Section IX. Formation of a common financial market and development of currency integration
Development of cooperation in the currency and stock markets
58
Conducting a coordinated policy on the securities markets of the two countries
2004
59
Development of common principles of professional activity in the securities markets
2004
*60
Ensuring equal access conditions for economic entities of the two countries to the national securities markets
2005
*61
Formation of an integrated foreign exchange market
2004-2005
*62
Unification of the securities issue procedure
2006
Formation of a common financial market. Creation of a common banking services market
*63
Harmonization of the banking legislation of the two countries
2004-2005
*64
Alignment with the Basel Principles of Regulation and Supervision of Banks
2005-2006
*65
Creation of systems for guaranteeing (insuring) deposits of individuals in credit and financial institutions in accordance with international standards
2006
Formation of a common insurance market
*66
Conducting an analysis of insurance legislation and preparing a draft document on the creation of a common insurance market between the two countries
2005
*67
Harmonization of the laws of the two countries regulating operations in the insurance market
2005
*68
Assistance in the formation of a common insurance protection system for the interests of investors of the two countries
2005
*69
Bringing into line with international principles of regulation and supervision of the activities of insurance companies
2006
*70
Creating conditions for granting national treatment while maintaining exemptions in certain sectors by Kazakhstan and Kyrgyzstan to each other in relation to the establishment and operation of companies, including capital investments, including through privatization
2006 and subsequent years
*71
Full liberalization of capital movement transactions between the two countries
2005
Section X . Cooperation in the social and humanitarian sphere and in the field of migration policy
Formation of a coordinated social policy
72
Analysis of methodological, regulatory, and legal acts in the field of income and living standards of the population
2004-2005
73
Ensuring mutual provision of emergency and emergency medical care
Constantly
74
Ensuring freedom of exchange and dissemination of mass information
Constantly
75
Assistance in opening classes, groups and schools with the Kazakh language of instruction in places of compact residence of the Kazakh diaspora
2004-2005
76
Development of measures to harmonize legislation in the field of pension provision
2006-2007
77
Development of proposals for the establishment of agreed principles and approaches to the organization of medical and social expertise of the population, rehabilitation of the disabled and the rehabilitation industry
2004-2006
Regulation of labor migration and ensuring the free movement of citizens
78
Ensuring the free movement of citizens on the territory of the two countries
2004-2006
79
Unification of migration policy principles
2006
80
Settlement of issues related to the temporary employment of migrants from Kyrgyzstan working in Kazakhstan and migrants from Kazakhstan working in Kyrgyzstan
2004
81
Implementation of a coordinated visa policy in relation to third countries
2004-2006
Section XI. Cooperation in the field of environmental protection
82
Organization of coordinated actions to prevent environmental pollution, including transboundary facilities, and environmental monitoring
2004-2005
83
Implementation of joint projects in solving global environmental problems and organization of information exchange in the field of environmental protection
2004-2006
84
Participation in the implementation of regional environmental and sustainable development action plans
Constantly
85
Harmonization of environmental legislation
2004-2006
Section XII . Formation of the telecommunication Union
86
Development of a set of measures to form a single information space between the two countries
2004-2006
87
Exchange of experience in the development of information technologies in order to enter the Unified Information Space
2004-2006
Cooperation in the field of communications and informatization
88
Development of joint measures to speed up the procedure for the passage of mail across the border and ensure their safety
2004-2006
89
Further expansion of cooperation to meet public demand for periodicals for distribution in the territories of both countries
2004-2006
In the field of telecommunications
90
Exploring the possibility of sharing and downloading transponders of a Kazakh communications satellite
2004-2005
*91
Implementation of a coordinated tariff policy in the field of telecommunications
2005-2007
92
Exploring the possibility of participating in the share capital of telecommunications companies
2004-2005
Section XIII. Cooperation in the field of tourism
93
Development of measures for the formation of a joint tourism project "The Great Silk Road"
2004-2005
Note: * - measures, the implementation of which is possible after the adoption of the common customs tariff of the EurAsEC
President
Republic of Kazakhstan
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