On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Technical Cooperation

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Technical Cooperation

Law of the Republic of Kazakhstan dated December 30, 1999 No. 21

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Technical Cooperation, signed in Bonn (Germany) on November 26, 1997. President of the Republic of Kazakhstan Agreement between the Government of the Republic of Kazakhstan and By the Government of the Federal Republic of Germany on Technical Cooperation (Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 1, art. 5) (Entered into force on January 18, 2000 - J. "The Diplomatic Courier", special issue No. 2, September 2000, p. 181) The Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany, based on the existing friendly relations between the two States and their peoples,

Taking into account the mutual interest in promoting the economic and social progress of their States and peoples, desiring to deepen relations through partnership technical cooperation, agreed as follows:

Article 1 1. The Contracting Parties shall cooperate in order to promote the economic and social development of their peoples. 2. This Agreement defines the general rules for the implementation of technical cooperation between the Contracting Parties. For individual technical cooperation projects, the Contracting Parties may conclude additional agreements (hereinafter referred to as "project agreements"). At the same time, each Contracting Party in its own country is responsible for technical cooperation projects. The project agreements set out a joint project concept, covering, in particular, the purpose of the project, obligations Of the Contracting Parties, the tasks and organizational status of the participants, as well as the schedule of the project.

Article 2 1. Project agreements may provide for support from the Government of the Federal Republic of Germany in the following areas: (a) educational, consulting, research and other institutions in Kazakhstan; (b) development of plans, surveys and expertise; (c) other areas of cooperation to be agreed. By the Contracting Parties. 2. Support can be provided by: (a) secondment of specialists, for example: instructors, consultants, expertise professionals, experts, scientific and technical staff, project assistants and support staff; all personnel seconded on behalf of the Government of the Federal Republic of Germany are hereinafter referred to as "seconded specialists"; (b) supplies of materials and equipment (hereinafter referred to as "materials"); (c) training and advanced training of specialists and senior personnel, as well as scientists in the Republic of Kazakhstan, the Federal Republic of Germany or other countries; (d) or in any other appropriate way. 3. The Government of the Federal Republic of Germany shall bear the costs of fulfilling the following obligations for projects to which it contributes, unless otherwise provided for in the project agreements: (a) remuneration of seconded specialists; (b) accommodation of seconded specialists and their family members, if the seconded specialists themselves do not bear these costs; (c) business trips of seconded specialists in the Republic Kazakhstan and beyond; (d) purchase of the materials referred to in subparagraph (b) of paragraph 2 of this Article; (e) transportation and insurance of the materials referred to in subparagraph (b) of paragraph 2 of this Article to the place of project implementation, except for the fees and charges specified in paragraph 2 of Article 3 of this Agreement for storing materials in a warehouse; (e) training and advanced training of specialists and management personnel, as well as scientists from Kazakhstan according to the criteria in force in Germany. 4. Delivered on behalf of the Government of the Federal Republic Germany for projects, materials upon arrival in the Republic of Kazakhstan become its property, unless otherwise provided by the project agreements. Materials without any restrictions will be made available to supported projects and seconded specialists to fulfill their tasks. 5. The Government of the Federal Republic of Germany will notify The Government of the Republic of Kazakhstan on which curators, organizations or institutions are entrusted with the implementation of assistance measures. These authorized supervisors, organizations, or institutions are hereinafter referred to as "executors."

Article 3 The Government of the Republic of Kazakhstan undertakes the following obligations on projects: 1. It will provide, at its own expense, the land plots and buildings necessary for projects carried out in Kazakhstan, including equipment, unless the latter is supplied at its own expense by the Government of the Federal Republic of Germany. 2. It will release materials supplied on behalf of the Government. The Federal Republic of Germany for the implementation of projects, from licensing, port, import, export and other government fees, as well as from the payment of their storage in warehouses, and will ensure the immediate customs clearance of materials. 3. It shall bear the operational and repair costs incurred in connection with the implementation of projects and in respect of materials supplied in accordance with subparagraph "b" of paragraph 2 of Article 2 of this Agreement. 4. It will provide, at its own expense, the necessary specialists and support staff. For this purpose, the relevant schedules should be fixed in the project agreements. 5. It will ensure that the tasks carried out by seconded specialists are continued as soon as possible by specialists from the Republic of Kazakhstan. If training or advanced training is provided for the latter under this Agreement in the Republic of Kazakhstan, the Federal Republic of Germany or other countries, it will promptly select sufficient candidates for training or advanced training, in consultation with the Embassy. Of the Federal Republic of Germany in Almaty or with specialists named The embassy. It will select only those candidates who have committed themselves to work in the relevant projects for at least five years after completing training or advanced training, and will ensure that these specialists are adequately paid. 6. It recognizes educational documents (certificates of education) acquired by citizens of the Republic of Kazakhstan as a result of training and advanced training under this Agreement, according to their level of qualification, and will open up employment, job promotion, and career opportunities for these persons corresponding to their education. 7. It will provide the seconded specialists with all possible assistance in carrying out the tasks assigned to them and will provide them with all the necessary documentation. 8. It will ensure the provision of all services necessary for the implementation of projects, except those that, according to the project agreements, must be provided by the Government of the Federal Republic of Germany. 9. It will ensure the provision of services to all institutions of the Republic Kazakhstan, involved in the implementation of this Agreement and project agreements, timely and complete information on their contents.

Article 4 1. The Government of the Federal Republic of Germany will ensure that seconded specialists are required to: (a) to make every effort within the framework of the agreements concluded regarding their work, contributing to the achievement of the goals set forth in this (b) not to interfere in the internal affairs of the Republic of Kazakhstan; (c) to comply with the legislation in force in the Republic of Kazakhstan, respect the traditions and customs of the country; (d) not to engage in any other economic activity other than that which is entrusted to them; (e) cooperate with official institutions of the Republic of Kazakhstan in an atmosphere of trust. 2. The Government of the Federal Republic of Germany will take measures to ensure that each of the seconded specialists receives the appropriate consent of the Government of the Republic of Kazakhstan before his departure. The performers will request the consent of the Government of the Republic of Kazakhstan to send their chosen specialist, accompanying the request with an appropriate biography. If there is no refusal from the Republic of Kazakhstan within two months, this will be regarded as consent. 3. If the Government of the Republic of Kazakhstan wishes to recall any seconded specialist, it will notify in advance To the Government of the Federal Republic of Germany, the reasons for their wishes. The Government of the Federal Republic of Germany will similarly inform the Government of the Republic of Kazakhstan as early as possible of its intention to recall any seconded specialist from the German side.

Article 5 1. The Government of the Republic of Kazakhstan grants seconded specialists and their family members living with them the same privileges and immunities as experts from the United Nations and its specialized agencies, in accordance with the provisions of the Convention on the Privileges and Immunities of the United Nations of February 13, 1946, the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations of November 21, 1947 and the Agreement between By the Republic of Kazakhstan and the United Nations Development Programme (UNDP) dated October 4, 1994. 2. (a) instead of seconded specialists, they are liable for damage caused by them in connection with the performance of tasks assigned to them in accordance with this Agreement, that is, any claim against seconded specialists is excluded; the Republic of Kazakhstan may, on any legal basis, claim damages against seconded specialists only in the event of intentional causing damage or gross negligence; (b) release the persons referred to in paragraph 1 of this Article from any detention or imprisonment in connection with actions or omissions, including oral or written statements related to the performance of tasks assigned to them in accordance with this Agreement; (c) provide the persons referred to in paragraph 1 of this Article with the opportunity to enter and leave unhindered at any time. 3. Exemption from taxes and other charges also applies to remuneration paid to firms that carry out on behalf of The Government of the Federal Republic of Germany is taking measures of assistance under this Agreement, if these firms are not located in Kazakhstan.

Article 6 This Agreement also applies to technical cooperation projects between the Contracting Parties that are already under implementation at the time of its entry into force.

Article 7 1. The Contracting Parties shall notify each other through diplomatic channels of the completion of the internal procedures necessary for the entry into force of the Agreement. The Agreement will enter into force on the day of receipt of the last of the two notifications. 2. This Agreement is valid for five years. Its validity period is then automatically extended for one year, unless one of the Contracting Parties declares in writing its intention to terminate it no later than three months before the expiration date. 3. Upon expiration of this Agreement, its provisions will remain in force in relation to the initiated technical cooperation projects.

Done in Bonn on November 26, 1997, in two copies, each in the Kazakh, German and Russian languages, each text being valid. In case of different interpretation of the Kazakh and German texts, the Russian text is decisive.

President

Republic of Kazakhstan

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