On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Center for Emergency Situations and Disaster Risk Reduction on the conditions of its stay in the territory of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated April 24, 2023 No. 1-VIII SAM

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Center for Emergency Situations and Disaster Risk Reduction on the conditions of its stay in the territory of the Republic of Kazakhstan, signed in Nur-Sultan on June 17, 2022.

     President of the Republic of Kazakhstan

K. TOKAEV

Agreement between the Government of the Republic of Kazakhstan and the Center for Emergency Situations and Disaster Risk Reduction on the conditions of its stay in the territory of the Republic of Kazakhstan  

     The Government of the Republic of Kazakhstan, hereinafter referred to as the "Kazakh Side", and the Center for Emergency Situations and Disaster Risk Reduction, hereinafter referred to as the "Center", collectively referred to as the "Parties",

     guided by the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the Establishment of the Center for Emergency Situations and Disaster Risk Reduction dated May 17, 2013 (hereinafter referred to as the Agreement on the Establishment of the Center),

      Desiring to provide the necessary conditions in the territory of the Republic of Kazakhstan for the Center to fulfill its goals and objectives,  

     guided by generally recognized principles and norms of international law,

     have agreed on the following:

Article 1

     The concepts used in this Agreement have the meanings defined in the Agreement on the Establishment of the Center.

Article 2

     This Agreement regulates the issues of the Center's stay and operation in the territory of the Republic of Kazakhstan.

Article 3

     The Center has the status of a legal entity and as such enjoys the rights and performs its functions in accordance with the Agreement on the Establishment of the Center, the Regulations on the Center, this Agreement and the legislation of the Republic of Kazakhstan, without prejudice to the privileges and immunities of the Center in accordance with this Agreement.

Article 4

     The property and assets of the Center enjoy immunity from any form of administrative or judicial interference.

     The premises and vehicles of the Center, as well as its archives and documents, including official correspondence, regardless of their location, are not subject to search, requisition, confiscation or any other form of interference that impedes the Center's activities.

     The Kazakh Side takes appropriate measures to protect and protect the premises of the Center from any intrusion or damage.

     The premises and vehicles of the Center may not serve as a refuge for persons who are being persecuted in accordance with the legislation of the Republic of Kazakhstan and the norms of international law or who are subject to extradition to any of the States Parties to the Agreement on the Establishment of the Center or to a third State.

Article 5

     Property and items intended for official use by the Center are exempt from customs duties, except for compliance with prohibitions and restrictions, as well as storage fees in accordance with the legislation of the Republic of Kazakhstan.

     The use for other purposes, including the sale and transfer of the right of use, of property and items imported as an exception to the general rules, entails the payment of customs duties and other legal consequences in accordance with the legislation of the Republic of Kazakhstan.

Article 6

     The Center has the right to use courier and other types of communication that ensure the protection of information transmission. The Center has the right to receive and send correspondence by couriers or bags.

     The courier must be provided with an official document indicating his status and the place of formation of official correspondence.

Article 7

     The Center may, in accordance with its goals and objectives, publish and distribute printed materials.

Article 8

     The Kazakh Side transfers the premises to the Center for free use for the entire period of its operation.

     The location of the premises and the terms of its transfer are determined on the basis of a separate civil law agreement concluded in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Article 9

     Utilities and communication services are paid for by the Center at its expense.

     In the event of force majeure leading to complete or partial interruptions in the provision of public utilities and communication services, the Center, in the interests of fulfilling its functions, enjoys the priority given to diplomatic missions of foreign States.

     The Center takes appropriate measures to ensure that authorized representatives of public utilities are able to carry out the necessary work in its premises.

Article 10

     The Kazakh Side undertakes to respect the international character of the functions of the officials of the Center and not to influence them in the performance of their official duties.

Article 11

     Officials of the Center and their family members carry out insurance of civil liability in connection with the use of motor vehicles in accordance with the legislation of the Republic of Kazakhstan.

Article 12

     The Center informs the Kazakh Side, represented by its Ministry of Foreign Affairs, of the names and positions of the Center's officials, as well as of any change in their official status.

     Upon the official request of the Center, the Kazakh Side issues accreditation cards confirming their status to officials of the Center who are not citizens of the Republic of Kazakhstan, as well as to their family members.

Article 13

     The officials of the Center are obliged to respect the legislation of the Republic of Kazakhstan and not to interfere in its internal affairs.

Article 14

     Disputes and disagreements related to the application or interpretation of this Agreement are resolved through consultations and negotiations between the Parties.

Article 15

      This Agreement may be amended and supplemented by mutual agreement of the Parties, which are its integral parts and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 16 of this Agreement.

Article 16

     This Agreement is temporarily applied from the date of its signing to the extent that it does not contradict the legislation of the Republic of Kazakhstan, and enters into force from the date of receipt by the Center through diplomatic channels of a written notification on the completion by the Kazakh Side of the internal procedures necessary for its entry into force.

      This Agreement is concluded for an indefinite period and automatically terminates from the date of termination of the Agreement on the establishment of the Center.  

     Done in the city of Nur-Sultan on June 17, 2022, in two copies, in the Kazakh and Russian languages, both texts being equally authentic. In case of disagreement in the interpretation of this Agreement, the Parties shall refer to the text in Russian.

For the Government  

Republic of Kazakhstan

For the Center for Emergency Situations and Disaster Risk Reduction

President    

Republic of Kazakhstan     

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