On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Commission of the European Communities on the Establishment, Privileges and Immunities of the Representative Office of the Commission of the European Communities in the Republic of Kazakhstan

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Commission of the European Communities on the Establishment, Privileges and Immunities of the Representative Office of the Commission of the European Communities in the Republic of Kazakhstan

Law of the Republic of Kazakhstan dated July 8, 2005 No. 73

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Commission of the European Communities on the Establishment, Privileges and Immunities of the Representative Office of the Commission of the European Communities in the Republic of Kazakhstan, signed in Brussels on February 2, 1993.

President of the Republic of Kazakhstan

AGREEMENT between the Government of the Republic of Kazakhstan and the Commission of the European Communities on the establishment, privileges and Immunities of the Representative Office of the Commission of the European Communities in the Republic of Kazakhstan

The Government of the Republic of Kazakhstan and the Commission of the European Communities, hereinafter referred to as the "Commission",

Striving to further strengthen and develop friendly relations and cooperation between the Republic of Kazakhstan and the European Communities,

Wishing to determine the conditions for the establishment of a Representative Office of the Commission in the territory of the Republic of Kazakhstan, as well as the granting of privileges and immunities to this Representative Office, agreed as follows:

Article 1

The Government of the Republic of Kazakhstan hereby agrees to the establishment of a Representative Office of the Commission in the territory of the Republic of Kazakhstan.

Article 2

1. Each of the European Communities - the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community - enjoys legal personality in the territory of the Republic of Kazakhstan.

2. Communities have the right to conclude contracts, acquire immovable and movable property and dispose of it as necessary for the effective performance of their functions in accordance with the procedural and administrative requirements of the legislation of the Republic of Kazakhstan and the performance of procedural actions. To this end, the Communities will be represented by the Commission.

Article 3

1. The Representative office of the Commission, its Head and staff, as well as members of their families living with them, enjoy the rights, privileges and immunities in the territory of the Republic of Kazakhstan and bear obligations that are enshrined in the Constitution of the Republic of Kazakhstan. The Vienna Convention on Diplomatic Relations of 1961, and, accordingly, are provided to diplomatic missions accredited in the Republic of Kazakhstan, the heads and employees of these missions, as well as members of their families living with them, who assume obligations. The privileges and immunities referred to in this paragraph do not apply to employees of the Representative Office who are citizens of the Republic of Kazakhstan.

2. Other provisions The Vienna Convention on Diplomatic Relations of 1961 applies mutatis mutandis (in accordance with the specific conditions applicable in this case).

3. These rights, privileges and immunities are granted on condition that, in accordance with the provisions of Article 17 of the Protocol on Privileges and Immunities of the European Communities annexed to the Treaty Establishing a Single Council and a Single Commission of the European Communities, done at Brussels on April 8, 1965, the member States of the European Communities grant the same rights, privileges and immunities to the Representative Office of the Republic of Kazakhstan, its Head and staff, as well as members of their families residing with them.

Article 4

The Government of the Republic of Kazakhstan hereby recognizes the official passports issued by the European Communities to officials and other employees of their institutions as valid travel documents.

Article 5

Any dispute relating to the interpretation or application of this Agreement shall be resolved through consultations between the two Parties in order to reach an agreement.

Article 6

Each Contracting Party shall notify the other Party of the completion of the relevant procedures necessary for the approval of this Agreement, which shall enter into force on the date of receipt of the second notification. In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement.

Done in Brussels on February 2, 1993, in two copies in Kazakh and English, both texts are equally authentic.

Minister of Foreign Economic Affairs Member of the Commission of Relations of the Republic of Kazakhstan of the European Communities

The present text of the "Agreement between the Government of the Republic of Kazakhstan and the Commission of the European Communities on the Establishment, Privileges and Immunities of the Representative Office of the Commission of the European Communities in the Republic of Kazakhstan" in Russian corresponds to the text of this Agreement in English.

Chief Department of European Integration, Department of Europe and America, Ministry of Foreign Affairs of the Republic of Kazakhstan

Unofficial translation from English

Protocol on privileges and immunities of the European Communities of April 8, 1965

THE CONTRACTING PARTIES, Considering that, in accordance with Article 28 of the Agreement on the Establishment of a Single Council and a Single Commission of the European Communities, these Communities and the European Investment Bank enjoy in the territories of the member States such privileges and immunities as are necessary for the performance of their activities, HAVE AGREED on the following conditions, which are attached to this Agreement: Chapter I - Property, funds, assets and activities of the European Communities Chapter II - Means of communication and documents granting the right to freely cross the border (laissez-passer) Chapter III - Members of the European Parliament Chapter IV - Representatives of Member States participating in the work of institutions of the European Communities Chapter V - Officials and other employees of the European Communities Chapter VI - Privileges and immunities of missions of third countries accredited to the European Communities Chapter VII - General provisions

CHAPTER I PROPERTY, FUNDS, ASSETS AND THE ACTIVITIES OF THE EUROPEAN COMMUNITIES Article 1

The premises and buildings of the Communities must be inviolable. They are not subject to search, requisition, confiscation or expropriation. The property and assets of the Communities should not be subject to any administrative or legal restriction measures without the permission of the Court of Justice.

Article 2

The archives of the Communities must be inviolable.

Article 3

Communities, their assets, income and other property should be exempt from all direct taxes. The Governments of the Member States should, wherever possible, take appropriate measures to exempt or reimburse the amount of indirect or commercial taxes included in the price of movable or immovable property in cases where the Communities make large purchases for their official use, the price of which includes taxes of this type. However, these conditions do not apply if this may have the effect of disrupting competition within the Communities. No exemptions are granted in respect of taxes and payments that make up payments for public utilities.

Article 4

The Communities should be exempt from all customs duties, prohibitions and restrictions on the import and export of goods intended for their official use: goods imported in this way should not be used, even if paid for, in the territory of the country to which they were imported, except under conditions approved by the Government of that country. countries. Communities should also be exempt from any customs duties and prohibitions or import and export restrictions on their printed publications.

Article 5

The European Coal and Steel Association may have any type of currency and conduct monetary transactions in any currency.

CHAPTER II MEANS OF COMMUNICATION AND DOCUMENTS GRANTING THE RIGHT TO FREELY CROSS THE BORDER (laissez-passer)

Article 6

When making official contacts using means of communication and forwarding all their documents, Community institutions enjoy the same treatment in the territory of each Member State as is accorded by that country to diplomatic missions. Official correspondence and other official contacts using the means of communication of Community institutions should not be censored.

Article 7

1. Documents granting the right to freely cross the border (laissez-passer), in a form that will be prescribed by the Council and which must be recognized by the authorities of the Member States as a valid document for movement, may be issued to members and employees of Community institutions by the Presidents of these institutions. These documents (laissez-passer) They must be issued to officials and other lists under the conditions set out in the personnel management instructions and the conditions of employment of other Community employees. The Commission may conclude agreements on these documents (laissez-passer) to recognize them as valid for movement on the territory of third countries. 2. The terms of Article 6 of the Protocol on the Privileges and Immunities of the European Coal and Steel Community should, however, continue to apply to members and employees of institutions who, at the time of entry into force of this Agreement, have in hand the documents (laissez-passer) provided for in this Article prior to the application of the terms of paragraph 1 of this Article.

CHAPTER III MEMBERS OF THE EUROPEAN PARLIAMENT

Article 8

No administrative or other restriction should be imposed on the free movement of members of the European Parliament traveling to or from the meeting place of the European Parliament. Members of the European Parliament, with regard to customs and currency control, must be provided with: (a) their own Government: the same conditions that are provided to senior officials traveling abroad on short-term business trips, (b) the Governments of other member States: the same conditions that are provided to representatives of foreign governments located in short-term business trips.

Article 9

Members of the European Parliament should not be subjected to any form of interrogation, detention or legal procedures for the opinions they express or the votes they cast in the performance of their official duties.

Article 10

During the sessions of the European Parliament, its members enjoy: (a) on the territory of their own State: the immunities granted to members of their Parliament; (b) on the territory of any other Member State: immunity from any attempt at detention and legal proceedings. The immunity should similarly apply to members traveling to and from the meeting place of the European Parliament. Immunity cannot be used if a member of Parliament is detained while attempting to commit a crime, and should not warn the European Parliament against using the right to lift immunity from one of its members.

CHAPTER IV REPRESENTATIVES OF THE MEMBER STATES PARTICIPATING IN THE ACTIVITIES OF THE INSTITUTIONS OF THE EUROPEAN COMMUNITIES

Article 11

Representatives of Member States participating in the activities of Community institutions, their advisers and technical experts will enjoy generally accepted privileges, immunities and conditions in the performance of their work duties and during their journey to and from the meeting place. This Article also applies to members of the advisory bodies of the Communities.

CHAPTER V OFFICIALS AND OTHER EMPLOYEES OF THE EUROPEAN COMMUNITIES

Article 12

In the territory of any Member State and regardless of their nationality, Community officials and other employees will: (a) be subject to the provisions of Agreements relating, on the one hand, to the rules of responsibility of Community officials and other employees and, on the other hand, to the jurisdiction of the Court in disputes between Communities and their officials and other employees, enjoy inviolability in relation to legal procedures regarding actions committed by them in the performance of their official duties, including their oral or written statements. They will continue to maintain this inviolability after they cease to hold office; (b) together with their spouses and their family members, they will not be subject to immigration restrictions or registration formalities for foreigners; (c) in relation to currency or rules for its exchange, they will enjoy the same conditions that are usually provided to officials of international organizations.; (d) have the right to import furniture and property duty-free upon first appointment to a position in the host country, and the right to re-export furniture and property duty-free upon completion of their stay in that country, and the conditions of each of these cases are reviewed by the Government of the host country; (e) have the right to import duty-free a car for personal use that was purchased either in their previous country of residence or in the country of which they are citizens, under the market conditions of that country, and to re-export it duty-free, and the necessity of the conditions of each of these cases is considered by the Government of the host country.

Article 13

Community officials and other employees must pay income tax to the Communities on salaries and payments made by the Communities in accordance with the terms and procedure established by the Council acting on a proposal from the Commission. They should be exempt from national taxes on wages, fees and payments made by the Communities.

Article 14

With regard to the application of income tax, income tax and inheritance tax and pursuant to agreements for the avoidance of double taxation concluded between the member States of the Communities, officials and other employees of the Communities who, solely for the purpose of fulfilling official duties for the Communities, come to reside in the territory of a Member State other than the country their permanent residence, in terms of taxation when entering the service of the Community, should be considered as in the country of their actual residence., The same applies in the country of permanent residence, as those who maintain permanent residence in the latter, provided that it is a member of the Communities. This condition should also apply to the spouse, provided that she is not engaged in entrepreneurial activity separately, and the dependent children of those mentioned in this Article. Movable property belonging to the persons mentioned in the previous paragraph and located in the territory of the country where they reside must be exempt from inheritance tax in that country.; such property, in order to assess this duty, should be considered as located in the country of permanent residence for tax purposes, subject to the preservation of the rights of third countries and the possibility of applying the terms of international agreements on double taxation. Any living space acquired solely for the performance of duties in the service of other international organizations should not be taken into account when applying the terms of this Article.

Article 15

The Council, acting unanimously on a proposal from the Commission, should establish a scheme for social security payments for officials and other Community workers.

Article 16

The Council, acting on a proposal from the Commission and after consultation with other interested organizations, will determine the categories of officials and other Community workers to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 should apply in whole or in part. The names, degrees and addresses of officials and other staff falling into such categories should be communicated periodically to the Governments of the Member States.

CHAPTER VI PRIVILEGES AND IMMUNITIES OF MISSIONS OF THIRD COUNTRIES ACCREDITED TO THE EUROPEAN COMMUNITIES

Article 17

The Member State in whose territory the Communities have their representative offices must grant generally accepted diplomatic immunities and privileges to missions of third countries accredited to the Communities.

CHAPTER VII GENERAL PROVISIONS

Article 18

Privileges, immunities, and conditions should be provided to Community officials and other employees solely for the benefit of the Communities. Each Community institution may be required to waive the immunity granted to an official or other employee in all cases where that institution believes that waiving this immunity is not contrary to the interests of the Community.

Article 19

The institutions of the Communities, for the purpose of applying this Protocol, should cooperate with the relevant authorities of the Member States concerned.

Article 20

Articles 12 to 15 and Article 18 should apply to the members of the Commission.

Article 21

Articles 12 to 15 and Article 13 should apply to judges, lawyers General, Registrar and Assistant Speakers of the Court of Justice, without prejudice to the provisions of Article 3 of the Protocols on the Status of the Court of Justice with regard to immunities from legal proceedings for judges and lawyers general.

Article 22

This Protocol should also apply to the European Investment Bank, members of its bodies, its staff and representatives of Member States participating in its activities, without prejudice to the provisions of the Protocol on the Status of the Bank. The European Investment Bank should also be exempt from any form of taxation or payments of this kind in connection with any increase in its capital, as well as from various formalities that may be associated with this in the country where the Bank has its representative office. Similarly, its dissolution or liquidation should not involve any payments. Finally, the actions of the Bank and its bodies carried out in accordance with its Charter will not be subject to any taxation on the turnover of funds.

Article 23 ( 1)

1 Article added in accordance with Article 9(5) of the Amsterdam Treaty

This Protocol should also apply to the European Central Bank, the members of its organs and its staff, without prejudice to the provisions of the Protocol on the Status of the European System of Central Banks and the European Central Bank. The European Central Bank should, in addition, be exempt from any form of taxation or penalties of a similar nature in connection with any increase in its capital and from various formalities that may be associated with this in the country where the Bank has its representative office. The actions of the Bank and its bodies carried out in accordance with the Statutes of the European System of Central Banks and the European Central Bank will not be subject to any taxation on the turnover of funds. The above provisions should also apply to the European Monetary Institute. No payments should be associated with its dissolution or liquidation. IN WITNESS WHEREOF, the Plenipotentiaries have signed this Protocol. Done at Brussels, this eighth day of April, one thousand nine hundred and sixty-five.

Paul Henri SPAAK Kurt SCHMUCKER Maurice COUVET DE MURVILLE Amintore FANFANI Pierre WERNER J. M. A. X. LUNS

The present text of the Protocol on the Privileges and Immunities of the European Communities of April 8, 1965 in Russian corresponds to the text of this Protocol in English.

Head of the Europe Department of the Department of Europe and America of the Ministry of Foreign Affairs of Kazakhstan

President

Republic of Kazakhstan

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