On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia on the conditions of the Secretariat's stay in the territory of the Republic of Kazakhstan

Law of the Republic of Kazakhstan dated March 20, 2008 No. 20-IV

     To ratify the Agreement between the Government of the Republic of Kazakhstan and the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia on the conditions of the Secretariat's stay in the Territory of the Republic of Kazakhstan, signed in Astana on June 26, 2007.

     President       Of the Republic of Kazakhstan N. Nazarbayev

 AGREEMENT between the Government of the Republic of Kazakhstan and the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia on the conditions of the Secretariat's stay in the territory of the Republic of Kazakhstan

     The Government of the Republic of Kazakhstan and the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia, hereinafter referred to as the Parties, guided by generally recognized principles and norms of international law, in order to implement the provisions of the Almaty Act on the Establishment of the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia and the Agreement on the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia, defining the Republic of Kazakhstan as the host country of the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia,       In an effort to provide the necessary conditions on the territory of the Republic of Kazakhstan for the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia in order to properly perform its functions, we have agreed as follows:

 Article 1 General provisions

     1. This Agreement regulates issues related to the presence of the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia in the Republic of Kazakhstan.       2. For the purposes of this Agreement, the following definitions mean: (a) "Government" - the Government of the Republic of Kazakhstan; (b) "Meeting" - the Conference on Interaction and Confidence-building Measures in Asia; (c) "Secretariat" - the Secretariat of the Meeting;       (d) "Meeting headquarters" means the premises of the Secretariat provided by the Government to the Meeting (buildings or parts of buildings in the host country, whoever owns ownership of them, including the land plot serving the building or parts of the building); (e) "Member State" means the Member State of the Meeting; (f) "sending State" means the Member State that sends its nationals to work in the Secretariat; (g) "Chairman" means the Member State chairing the Meeting; (h) "receiving party" means the Republic of Kazakhstan;       (i) "Executive Director" means the Executive Director of the Meeting; (j) "members of the professional staff" - members of the professional staff of the Secretariat seconded to the Secretariat by Member States; (k) "family members" - family members (spouse and children under the age of 18) permanently residing with Executive Director, Deputy Executive Director and members of the professional staff of the Secretariat;

 Article 2 Legal capacity of the Secretariat

     The Secretariat enjoys the rights of a legal entity and may, in particular:       1. To conclude contracts, acquire rights and assume obligations under them.       2. To have its own seal with the full name and other necessary requisites of an independent institution for its official purposes.       3. Own, acquire, lease, alienate, manage and dispose of movable and immovable property. 4. Open bank accounts and perform financial transactions.       5. To act in courts as a plaintiff or defendant. 6. The rights provided for in this Article are exercised on behalf of the Secretariat by the Executive Director or, during his absence, by the Deputy Executive Director.

 Article 3 Privileges and immunities of the Secretariat

     1. The premises and vehicles of the Secretariat, as well as its archives and documents, including official correspondence, may under no circumstances be the subject of search, requisition, confiscation, seizure and enforcement actions.       2. The receiving party has a special obligation to take all necessary measures to protect the premises of the Secretariat from any intrusion, damage or illegal entry.       3. The Secretariat, its assets, income and other property: i. They are exempt from all direct taxes and fees, value added tax (VAT) (including in the form of refunds in accordance with the legislation of the host country) levied on the territory of the host country, with the exception of those that are payments for utilities.       ii. They are exempt from customs duties, duties and charges, restrictions and prohibitions on the import and export of items for official use by the Secretariat. Items imported as an exception to the general rules will not be sold in the receiving country, except on terms agreed with the Government.       iii. They are exempt from customs duties, duties and charges, restrictions and prohibitions on the import and export of their own printed products.       4. The Secretariat: i. It enjoys no less favorable conditions for its official means of communication than those provided by the host country to diplomatic missions of foreign States.       ii. They have the right to use ciphers, courier and other types of communication that ensure the confidentiality of information transmission, to receive and send correspondence through couriers or bags, which enjoy the same privileges and immunities as diplomatic couriers and bags. At the same time, all places that make up official correspondence must have visible external signs indicating their nature, and they may contain only diplomatic documents and items intended for official use.       iii. It has the right to place the flag and the emblem of the Meeting on the premises occupied by the Secretariat and on vehicles used for official purposes.       iv. It has the right to publish and distribute printed materials in accordance with the goals and principles of the Meeting.       5. The premises, property and assets of the Secretariat shall enjoy immunity from any form of administrative or judicial interference, except in cases where the Committee of Senior Officials, on the proposal of the Executive Director, decides to waive the immunity.       6. Representatives of the relevant local authorities of the host country may not enter the premises of the Secretariat except with the consent and under conditions approved by the Executive Director or, in his absence, the Deputy Executive Director.       7. Representatives of authorized government agencies of the host country may not enter the premises of the Secretariat except under force majeure circumstances, and only with the consent of the Executive Director or, in his absence, the Deputy Executive Director.       8. The premises and vehicles of the Secretariat may not serve as a refuge for persons who are prosecuted by law in any of the Member States or are subject to extradition to any of the Member States or to a third party.       9. The premises and vehicles of the Secretariat may not be used for purposes incompatible with the objectives and principles of the Meeting or detrimental to the safety and interests of Member States.

 Article 4 Headquarters of the Meeting

     1. The host party provides rent-free payment for the premises for the headquarters of the Meeting.       2. Subsequently, a new Meeting headquarters building may be built in Almaty or Astana by the host country.

 Article 5 Interaction of the Secretariat and authorized state bodies of the receiving party

     1. The authorized State bodies of the host party, at the request of the Executive Director or, during his absence, the Deputy Executive Director, ensure the provision of public utilities necessary for the Secretariat on terms no less favorable than those provided by the host party to diplomatic missions of foreign States.       2. In cases where such services are provided by authorized government agencies of the receiving party, or when prices for them are controlled by them, tariffs for such services should not exceed the tariffs applicable to diplomatic missions.       3. In case of force majeure leading to complete or partial interruptions in the provision of such services, the Secretariat, in order to perform its functions, enjoys the priority provided by the authorized State bodies of the host country to diplomatic missions.       4. At the request of the authorized State bodies of the host country, the Secretariat shall take appropriate measures to ensure that duly authorized representatives of the relevant public utilities of the host country are able to carry out the necessary work under conditions that do not interfere with the activities of the Secretariat.       5. The Secretariat shall cooperate with the relevant authorities of the host country in order to ensure the proper administration of justice and compliance with law enforcement regulations, as well as to prevent any abuse of the privileges, immunities and facilities provided for in this Agreement.

 Article 6 Privileges and immunities of the Executive Director, Deputy Executive Director and members of the professional staff

1. The Executive Director, Deputy Executive Director and members of the professional staff must be independent and free from influence from any Member State and/or Government, organization or private individual. In this regard, they should not receive instructions from them.       2. The receiving Party undertakes to strictly respect the international character of the functions of the Executive Director, Deputy Executive Director and members of the professional staff and not to influence them in the performance of their official duties.       3. The Executive Director, the Deputy Executive Director and members of the professional staff in the territory of the host country:       i. They are not subject to criminal, civil or administrative liability for what they have said or written and for all actions committed by them in their capacity as Executive Director, Deputy Executive Director and members of the professional staff, with the exception of: a. Claims for damages in connection with road traffic accidents caused by vehicles belonging to the Secretariat or the Executive Director, the Deputy Executive Director and members of the professional staff, or vehicles operated by them.       b. Claims for damages in connection with death or bodily injury caused by actions on the part of the Executive Director, Deputy Executive Director and members of the professional staff, or vehicles driven by them.       ii. They are exempt from taxes on wages and other remuneration.       iii. They are exempt from state duties of the receiving party.       iv. They are exempt, together with their family members, from immigration restrictions and from registration as foreigners.       v. In the field of foreign exchange transactions, they enjoy the same privileges that are granted to diplomatic agents in the territory of the host country.       vi. They enjoy, together with family members, the same repatriation benefits that diplomatic agents enjoy during international crises.       vii. Upon initial occupation of the position and departure from the host country due to the termination of the mission, they have the right to import/export property, including a vehicle intended for their personal use, in accordance with the legislation of the host country, without paying customs duties, taxes and fees, with the exception of those that are payment for specific types of services.       viii. The Executive Director, the Deputy Executive Director, and members of the professional staff must not engage in professional or commercial activities for personal gain or the benefit of others, with the exception of scientific, intellectual, or educational activities.       4. The provisions of sub-paragraphs i, ii, iii, v, vi and vii of paragraph 3 of this Article shall not apply to the Executive Director, Deputy Executive Director and members of the professional staff who are citizens of the Republic of Kazakhstan.       5. In addition to the privileges and immunities provided for in paragraph 3 of this article, the Executive Director, the Deputy Executive Director and members of the professional staff, as well as their family members, shall enjoy other privileges and immunities granted under international law to diplomatic agents and family members. At the same time, if the persons referred to in this article are citizens of the receiving party, they shall enjoy the privileges and immunities specified in this article in the territory of the receiving party only in the performance of their official duties.       6. The vehicles of the Secretariat, including the official vehicles of the Executive Director, the Deputy Executive Director and members of the professional staff, must be adequately insured by the sending States. The personal vehicles of the Executive Director, the Deputy Executive Director, members of the professional staff and their family members must also be adequately insured by their owners.       7. The Executive Director, the Deputy Executive Director, members of the professional staff and family members shall enjoy the privileges and immunities provided for in this Agreement from the moment they arrive in the territory of the host party on their way to their destination or, if they are already in that territory, from the moment when the Executive Director, the Deputy Executive Director and members of the professional staff We have started to fulfill our duties.       8. Upon termination of the functions of the Executive Director, the Deputy Executive Director and members of the professional staff, their privileges and immunities, as well as the privileges and immunities of family members who are not citizens of the host country, shall terminate at the time when the Executive Director, the Deputy Executive Director or a member of the professional staff of the host party, respectively, or after 1 month after they leave their positions.       9. In the event of the death of the Executive Director, Deputy Executive Director or a member of the professional staff, family members continue to enjoy the privileges and immunities granted to them until they leave the host country, but not more than 2 months after the death of the Executive Director, Deputy Executive director or a member of the professional staff.       10. Privileges and immunities are granted to the Executive Director, the Deputy Executive Director and members of the professional staff not for the personal benefit of these persons, but for the effective, independent performance of their official functions in the interests of the Meeting.       11. Waiver of immunity.       i. The right to waive immunity in respect of the Executive Director and the Deputy Executive Director belongs to the Ministers of Foreign Affairs of the Member States upon the recommendation of the Committee of Senior Officials. ii. The right to waive immunity in respect of members of the professional staff of the Secretariat belongs to the Executive Director with the consent of the Committee of Senior Officials. iii. The waiver of immunity must be clearly expressed.       12. Without prejudice to the privileges and immunities provided for in this Agreement, the Executive Director, the Deputy Executive Director, members of the professional staff and family members are required to respect the legislation of the host country. They are also obligated not to interfere in the internal affairs of the receiving party.       13. The Executive Director, the Deputy Executive Director and members of the professional staff have the right to:       i. To apply for visas on an expedited basis and free of charge if they have an invitation letter to take up a position or during business trips.       ii. If necessary for the events of the Meeting and if it complies with the provisions of the legislation of the host country, move freely on its territory.       14. The Secretariat informs the Government, represented by the Ministry of Foreign Affairs of the Republic of Kazakhstan, of the names and categories of its staff members and of any change in their status.       15. Accreditation cards.       i. The Ministry of Foreign Affairs of the Republic of Kazakhstan, on behalf of its Government, issues appropriate accreditation cards to the Executive Director, Deputy Executive Director, members of the professional staff and their family members upon an official request from the Secretariat.       ii. At the request of an authorized Government official, the persons specified in subparagraph i of this paragraph must present their accreditation cards.       iii. Upon the expiration of the term of office of the Executive Director, Deputy Executive Director and members of the professional staff or upon their transfer to other posts/positions, the Secretariat ensures the timely return of all relevant accreditation cards to the Government represented by the Ministry of Foreign Affairs of the Republic of Kazakhstan.

 Article 7 Final provisions

     1. This Agreement: i. It is temporarily applied from the date of signing.       ii. It is subject to ratification by the Republic of Kazakhstan and enters into force from the date of receipt by the Secretariat of the instrument of ratification.       2. Disputes related to the application or interpretation of this Agreement are resolved through consultations and negotiations between the Parties.       3. This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized by separate protocols that are integral parts of this Agreement and enter into force in accordance with the procedure provided for in subparagraph II of paragraph 1 of this article.       Done in Astana on June 26, 2007, in two original copies, each in the Kazakh, English and Russian languages, all texts being equally authentic. The secretariat will send a certified copy of this Agreement to each Member State.

     For the Government For the Secretariat       Republic of Kazakhstan                      Meetings on Interaction and Confidence-building Measures in Asia

President    

Republic of Kazakhstan     

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