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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the United Nations Educational, Scientific and Cultural Organization (UNESCO) on the establishment of the Central Asian Regional Glaciological Center (Category 2) in the Republic of Kazakhstan under the auspices of UNESCO
The Law of the Republic of Kazakhstan dated March 1, 2017 No. 50-VI SAM.
To ratify the Agreement between the Government of the Republic of Kazakhstan and the United Nations Educational, Scientific and Cultural Organization (UNESCO) on the establishment of the Central Asian Regional Glaciological Center (category 2) in the Republic of Kazakhstan under the auspices of UNESCO, signed in Astana on May 29, 2012.
President of the Republic of Kazakhstan
N. NAZARBAYEV
Agreement between the Government of the Republic of Kazakhstan and the United Nations Educational, Scientific and Cultural Organization (UNESCO) on the establishment of the Central Asian Regional Glaciological Center (category 2) in the Republic of Kazakhstan
(Entered into force on June 29, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 5, art. 62
The Government of the Republic of Kazakhstan and the Director General of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as the "Parties",
Recalling resolution 36 C/22, according to which the UNESCO General Conference seeks to promote international cooperation by establishing the Central Asian Regional Glaciological Center in Almaty, Kazakhstan,
Considering that the Director General has been authorized by the UNESCO General Conference to conclude an agreement with the Government of the Republic of Kazakhstan in accordance with the draft submitted to the UNESCO General Conference,
In an effort to define in this Agreement the conditions under which the contribution to the activities of the said Center will be carried out,
We have agreed on the following:
Article 1
1. In this Agreement, "UNESCO" means the United Nations Educational, Scientific and Cultural Organization.
2. "Government" means the Government of the Republic of Kazakhstan.
3. "Center" means the Central Asian Regional Glaciological Center in Almaty, Kazakhstan.
Article 2
During 2012, the Government shall take all necessary measures to establish the Center in the Republic of Kazakhstan in accordance with the provisions of this Agreement.
Article 3
This Agreement aims to define the terms of cooperation between UNESCO and the Government, as well as the rights and obligations of the Parties arising from it.
Article 4
1. The Center is an institution independent of UNESCO.
2. The Center has in the territory of the Republic of Kazakhstan the functional autonomy necessary for the implementation of its activities, and the legal capacity:
- conclude contracts;
- apply to the court;
- to acquire and alienate movable and immovable property.
Article 5
The charter of the Center should contain provisions concerning:
(a) the legal status conferring this. The Center, in accordance with the national legislation of the Republic of Kazakhstan, has the legal capacity necessary for it to carry out its functions, receive subsidies, accept remuneration for services rendered, and acquire and dispose of property necessary for its activities.;
(b) the management structure of the Centre, ensuring UNESCO's representation in its governing bodies.
Article 6
The Center performs the following functions/tasks:
1. Strengthening the coordination of research activities and information exchange between various organizations involved in monitoring the state of glaciers, snow and permafrost in the surface runoff formation zone in Central Asia;
2. Conduct scientific research to deepen scientific understanding of the effects of climate change on glaciers, snow and water resources, as well as formulate further needs for scientific research in the region;
3. Encouraging the development of regional research programmes related to regional and global initiatives, including with a focus on glaciology, hydrology and climatology of mountainous areas, within the framework of the UNESCO International Hydrological Programme (IHL);
4. Implementation and coordination of efforts in the field of education and the creation and development of human and institutional capacities in the field of assessing the effects of climate change on snow and glaciers using modern methods and technologies, including the use of satellite imagery and GIS technologies;
5. Organization of a program aimed at raising awareness among decision makers at the national and regional levels regarding forecasts and risks associated with melting mountain glaciers in Central Asia;
6. Dissemination to the wider scientific community and IHL networks of the results of scientific research through theoretical and practical seminars, training courses, conferences and periodicals.
Article 7
1. The management of the Center's activities and coordination of its work is carried out by the Board of Governors, whose composition is updated every five years. The Council consists of:
(a) a representative of the authorized state body of the Republic of Kazakhstan dealing with science issues;
(b) Representatives of Member States who have notified the Centre of their membership in accordance with the provisions of paragraph 2 of article 13 below and have expressed their interest in being represented on the Council;
(c) Representative of the Director-General of UNESCO;
The following representatives are invited as observers, without the right to vote:
(d) Director of the Institute of Geography of the Ministry of Education and Science of the Republic of Kazakhstan;
(e) Director of the Center;
(f) Representatives of any other intergovernmental or non-governmental organizations that make a significant contribution to the budget and activities of the Center; their membership is decided by the Board of Governors.
2. The Board of Governors:
(a) approves the Center's long-term and medium-term programs;
(b) approves the annual work plan and budget of the Center, including the staffing table;
(c) Consider the annual reports submitted by the Director of the Centre, including the biennial self-assessment of the Centre's contribution to the achievement of UNESCO's programmatic objectives;
(d) adopt the rules and regulations and determine the procedures for the financial, administrative and personnel management of the Center in accordance with the laws of the country;
(e) make decisions on the participation of regional intergovernmental organizations and international organizations in the work of the Center and on their membership, in accordance with paragraph 1 (f) of Article 7 of this Agreement.
3. The Governing Council holds regular sessions on a regular basis at least once a calendar year; extraordinary sessions are convened by the Chairman of the Council either on his own initiative or at the request of the Director General of UNESCO or a majority of the members of the Governing Council.
4. The Governing Council shall adopt its own rules of procedure. The procedure for the first meeting is established by the Parties.
Article 8
In order to ensure the effective functioning of the Center between sessions, the Board of Governors may delegate the necessary powers to the Permanent Executive Committee, the composition of which will be determined by the Council. The Executive Committee is responsible for the day-to-day management of the Center's activities.
Article 9
1. The Center's Secretariat consists of the Director and such staff as are necessary for the proper functioning of the Center.
2. The Director is appointed by the Chairman of the Board of Governors in consultation with the Director General of UNESCO.
3. The Secretariat may also include:
(a) UNESCO staff members who are temporarily seconded and placed at the disposal of the Center, as provided for in UNESCO's regulations and decisions of its governing bodies;
(b) any person appointed by the Director in accordance with the procedures established by the Board of Governors;
(c) civil servants of the Republic of Kazakhstan who are placed at the disposal of the Center in accordance with the legislation of the Republic of Kazakhstan.
Article 10
Director of the Center:
1) directs the work of the Center in accordance with the programs and directives adopted by the Board of Governors;
2) propose draft work plan and budget to be submitted for approval by the Board of Governors;
3) prepares the provisional agenda for the sessions of the Board of Governors and submits to it for consideration any proposals that it may consider useful for the management of the Center.;
4) prepares reports on the activities of the Center for submission to the Board of Governors;
5) represents the Center in court and in all civil cases.
Article 11
1. UNESCO may, as necessary, provide assistance in the form of technical support for the Centre's programmatic activities in accordance with UNESCO's strategic goals and objectives by:
(a) providing the services of its experts in the areas of specialization of the Center;
(b) participation in an exchange of employees on a temporary basis, in which the salaries of the relevant employees are paid by the organizations sending these employees;
(c) temporarily seconding their staff to the Center in accordance with a decision that may, as an exception, be taken by the Director General, if necessary to carry out a joint event/project in one of the strategic program areas of a priority nature.;
(d) Providing technical support, in particular for the implementation of the overall mission of UNESCO institutes and centers related to water resources.
2. In the cases listed in paragraph 1 of this article, such assistance shall not be provided unless appropriations are provided for it in the UNESCO programme and budget; UNESCO shall submit to the Member States reports on the use of its staff and on related expenditures.
Article 12
1. The Government provides all the resources, both financial and material, that are necessary for the management of the Center and its proper functioning.
2. The Government, acting through the Ministry of Education and Science of the Republic of Kazakhstan:
(a) provides the Center with funds in the amount of at least 95 000 000,0 tenge (approximately 650 000,0 USD at the current exchange rate) per year in order to cover current expenses and finance the program and activities;
(b) provide the Center with appropriate office space, equipment and technical facilities within the framework of the above-mentioned annual funding;
(c) provides full coverage of the costs of maintenance of premises, communications and utilities;
(d) arrange for meetings of the Board of Governors and ensure that the associated costs are covered;
(e) provide the Center with the administrative staff necessary to perform the Center's functions, which include conducting research, training, and publishing, in addition to contributions from other sources.
Article 13
1. The Center encourages the participation of UNESCO Member States and staff members, who, due to their common interest in achieving the goals of the Center, seek to cooperate with it.
2. Member States and UNESCO staff members wishing to participate in the activities of the Centre in accordance with the provisions of this Agreement shall notify the Centre accordingly. The Director of the Center shall inform the Parties to the Agreement and other Member States of the receipt of such notifications.
Article 14
Since the Center is not legally a part of UNESCO, the latter is not legally responsible for the acts or omissions of the Center, is not subject to any legal prosecution and does not bear any financial or any other responsibility, except for the provisions specifically stipulated in this Agreement.
Article 15
1. UNESCO may at any time conduct an assessment of the activities of the Centre in order to establish:
(a) does the Center make a significant contribution to the achievement of UNESCO's strategic objectives;
(b) whether the actual activities of the Center correspond to those provided for in this Agreement.
2. UNESCO undertakes to submit to the Government as soon as possible a report on all assessments carried out.
3. Each of the Contracting Parties reserves the right, based on the results of the assessment referred to in this Article, to propose a revision of this Agreement or to denounce it, as provided for in Articles 19 and 20.
Article 16
1. The Center may refer to its relations with UNESCO. In this regard, it may use the words "under the auspices of UNESCO" after its name.
2. The Center has the right to use the UNESCO emblem or its variant on its official forms and documents, including electronic documents and web pages, in accordance with the conditions established by the governing bodies of UNESCO.
Article 17
This Agreement shall enter into force after its signing by the Contracting Parties and after they have notified each other in writing through diplomatic channels of the completion of all formalities provided for in such cases by the domestic legislation of the Republic of Kazakhstan and the regulatory provisions of UNESCO. The date of receipt of the last notification is considered to be the date of entry into force of this Agreement.
Article 18
This Agreement is concluded for a period of six years from the date of its entry into force and is automatically extended for subsequent six-year periods, unless one of the Parties specifically denounces it in accordance with the provisions of Article 19.
Article 19
1. Each Contracting Party has the right to unilaterally denounce this Agreement.
2. The denunciation shall take effect 30 days after receipt of the notification sent by one of the Contracting Parties to the other Party.
Article 20
This Agreement may be revised by mutual agreement of the Government and UNESCO.
Article 21
1. All disputes between the Parties regarding the interpretation or application of this Agreement, which cannot be resolved through negotiations or in any other way agreed by both Parties, are referred for final resolution to an arbitration court consisting of three members, one of whom is appointed by a representative of the Government, the second by the Director General of UNESCO, and the third by an arbitrator who will preside over this arbitration Two appointed arbitrators are chosen by the court. If the first two arbitrators cannot agree on the choice of a third arbitrator, he shall be appointed by the President of the International Court of Justice.
2. The decision of the arbitration court is final.
In witness whereof, the undersigned have signed this Agreement.
Done in Astana on May 29, 2012, in two copies, each of which is the original, in the Kazakh, Russian and English languages, all texts being equally authentic.
In case of discrepancies between the texts in different languages, the English text shall prevail.
For the Government of the Republic of Kazakhstan
For the United Nations Educational, Scientific and Cultural Organization
RCPI's note! The text of the Agreement in English is attached below.
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
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