On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Turkic Academy on the conditions and procedure for the placement of the Turkic Academy

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The Law of the Republic of Kazakhstan dated May 3, 2022 No. 117-VII SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Turkic Academy on the conditions and procedure for the placement of the Turkic Academy, signed in Nur-Sultan on November 16, 2020.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Government of the Republic of Kazakhstan and the Turkic Academy on the conditions and procedure for the placement of the Turkic Academy

The Government of the Republic of Kazakhstan and the Turkic Academy (hereinafter referred to as the "Academy"),

Taking into account the provisions of the Agreement on the Establishment of the Turkic Academy, concluded in Bishkek on August 23, 2012,

Considering that Article 3 of this Agreement provides for the location of the Turkic Academy in the city of Nur-Sultan, the Republic of Kazakhstan,

have agreed on the following:

Article 1 Definitions

In this Agreement:

The "host country" is the Republic of Kazakhstan;

"Member States" - States that are parties to the Agreement;

Turkic Council - Cooperation Council of Turkic-speaking States;

The Scientific Council is a collegial governing body composed of one representative from each member State, the President and Vice-Presidents of the Academy.;

"President" - President of the Turkic Academy;

The Academy's "staff" consists of the President and vice presidents, academic staff, administrative staff, and general service staff.;

The "academic staff" consists of scientists and experts hired on a contractual basis in accordance with the requirements of scientific projects.;

"Administrative staff" consists of administrative staff employed on a contractual basis;

The "general Service staff" consists of technical staff employed on a contractual basis;

"Academy Building" - buildings or part of buildings and the adjacent territory used by the Academy for carrying out its activities;

"Academy Property" means all property, including cash and other property owned and/or at the disposal of the Academy for carrying out its activities, with the exception of the Academy building;

"Archives and documents" - records, books, correspondence, accounting records and all financial documents, manuscripts, photographs and motion pictures, films, sound recordings, computer programs, written materials, videotapes and discs, discs and cassettes containing data owned or in possession of the Academy;

"Dependents" - a spouse, unmarried children under the age of 18, as well as parents who are fully supported by the staff of the Academy.

Article 2 Purpose

The purpose of this Agreement is to determine the status, privileges and immunities of the Academy, its property and the staff of the Academy during the period of activity in the Host country.

Article 3 The Turkic Academy

1. The Academy is located in the city of Nur Sultan, in a building provided by the Host country.

2. The host country recognizes the Academy's right to develop its own rules in accordance with the Academy's procedures applicable to its staff.

Article 4 Legal personality and legal capacity

The Academy has an international legal personality in accordance with the national legislation of the Host country and the Agreement.

The Academy has legal capacity:

1) enter into contracts;

2) to acquire and dispose of property;

3) be a plaintiff and a defendant in court;

4) open accounts and carry out cash transactions.

Article 5 Immunity from legal proceedings

1. The Academy, its building and property enjoy immunity from all types of legal proceedings regarding its activities, with the exception of:

1) civil claims related to a traffic accident committed by a vehicle owned or operated on behalf of the Academy, if the damage cannot be covered by insurance;

2) civil lawsuits related to death or personal injury caused by an act or omission on the part of the Academy or its staff.

2. The Council of Ministers of Foreign Affairs of the Turkic Council may decide to waive this immunity. The waiver of immunity does not apply to measures to confiscate or forcibly dispose of the Academy's property.

3. The property, as well as the Academy building, may not be subject to search, seizure, confiscation, forced alienation or any other form of interference through executive, administrative, judicial or legislative actions.

4. The host country does not bear any responsibility for any action or omission, including criminal acts, arising from the activities of the Academy or its staff in the Host country.

Article 6 Use of real estate

1. The Academy building provided by the Host Country must be used exclusively to achieve the objectives of the Academy in accordance with this Agreement.

2. The authorized bodies of the Host Country create all the necessary administrative conditions to ensure the smooth functioning of the Academy.

Article 7 Archive and official documentation

Official correspondence, archives, and other official communications of the Academy are inviolable.

Article 8 The emblem and flag of the Turkic Academy

The Academy's logo is installed on its buildings. The flags of the Turkic Council and the member States of the Turkic Council can also be placed on the buildings of the Academy. The flag of the Turkic Council is also the flag of the Turkic Academy.

Article 9 Funds and currencies

In order to achieve its goals, the Academy has the right:

1) own funds, including in any foreign currency, gold, have bank accounts and carry out transactions on them in any currency;

2) freely transfer your funds within the Host country or to other countries, convert any currency into another.

Article 10 Exemption from customs duties and taxes

1. The income of the Academy received from activities meeting the goals and objectives stipulated in Article 2 of the Agreement on the Establishment of the Turkic Academy is exempt from taxation. The property of the Academy, used exclusively for the purposes of carrying out such activities, is exempt from property tax, land and transport taxes.

2. Archives and documents used in accordance with the purposes and objectives provided for in Article 2 of the Agreement on the Establishment of the Turkic Academy, imported by the Academy, are exempt from customs duties, fees and taxes. The transfer and sale of such goods is allowed upon payment of customs duties and expenses not paid at the time of their importation.

3. The Government of the Host country takes appropriate measures to exempt the Academy and its staff, with the exception of citizens of the Host country, from taxes included in the price of goods and services to be paid.

Article 11 Communications and publications

1. The host country permits and protects free information interaction on the part of the Academy for all official purposes.

2. Censorship does not apply to publications, photographs and films, films and sound recordings of the Academy.

3. Nothing in this article shall be interpreted as an obstacle to taking the precautionary measures defined by this Agreement.

Article 12 Location and security of the building

1. The host country provides the Academy with a building free of charge.

2. Repairs to the building from damage caused by the negligence and carelessness of the Academy staff are carried out by the Academy itself. The required renovation of the building from natural disasters and other causes is the obligation of the Host country.

3. The Academy does not make any changes to the building: it does not expand or reduce it until it receives the written permission of the Host country accordingly.

4. The Academy complies with the relevant national legislation and the rules of the Host country regarding the safety of the building.

5. If the Academy decides to vacate the building, it must return it in good condition. Returning in good condition means taking into account natural wear and tear.

6. The Academy does not transfer the privileges given to it to a third party, does not sublet the building or part of it to a third party, does not allow a third party to occupy or use its building.

7. The property tax is paid by the Host country.

8. The host country is obliged to take all appropriate measures to protect the Academy building from forced entry or damage. If necessary, additional building protection measures may be requested from the Host Country.

9. In order to fulfill their obligations, the authorized bodies of the Host country may have access to the Academy building only with the written permission of the President.

Article 13 The President and Vice-Presidents of the Academy

1. The President and Vice-Presidents of the Academy and their dependents, who are not citizens of the Host country or permanent residents of the Host country, enjoy the privileges and immunities granted to diplomatic agents in the Host country in accordance with articles 29-36 of the Vienna Convention on Diplomatic Relations of April 18, 1961.

2. In cases where the President and Vice-Presidents of the Academy are citizens of the Host country or persons permanently residing in the Host country, they enjoy immunity from jurisdiction and inviolability only in respect of official actions performed by him/her in the performance of their professional duties.

Article 14 Staff of the Academy

1. The staff of the Academy shall enjoy immunity from the jurisdiction of the Host country in respect of what they have said or written and all actions they have performed in an official manner and within the limits of their authority.

2. The staff of the Academy, with the exception of citizens of the Host country and persons permanently residing in the Host country, are exempt from taxes on salaries and remuneration paid by the Academy.

3. The President, Vice-Presidents and scientific staff of the Academy, with the exception of citizens of the Host country and persons permanently residing in the Host country, enjoy the following privileges and immunities:

a) the same privileges are granted to officials of international organizations of the appropriate rank;

(b) Enjoy, together with their dependents, the same repatriation benefits during international crises as are provided to officials of international organizations of the appropriate rank;

c) have the right, in accordance with the legislation of the Host Country, to import and export goods and vehicles for personal use without customs duties. The transfer and sale of such goods on the territory of the Receiving Country is allowed only upon payment of customs duties that were not paid upon their import.

4. Delivery of goods and services to the President, Vice-Presidents of the Academy and their dependents who are not citizens of the Host country or persons who do not permanently reside in the Host country is exempt from paying or compensating taxes included in their price and payable.

5. Privileges and immunities are granted to the staff of the Academy solely for the purpose of ensuring the smooth functioning of the Academy under any circumstances, and not for their own personal benefit.

6. The Council of Ministers of Foreign Affairs of the Turkic Council has the right to waive the immunity granted to any employee of the Academy, including the President and Vice-Presidents of the Academy, in the event that, in his opinion, the immunity impedes the administration of justice and can be waived without prejudice to the interests of the Academy. The host country may also require the Council of Ministers of Foreign Affairs of the Turkic Council to waive the immunity granted to any member of the Academy who has grossly violated the laws and regulations of the Host country.

7. Without prejudice to their privileges and immunities, all persons using them in accordance with this Agreement and the Agreement on the Establishment of the Turkic Academy are required to comply with the laws and regulations of the Host country.

8. The President informs the Host Country about the names and positions of the Academy staff, their dependents and the changes made to them.

9. Under special conditions and within the framework of the relevant legislation of the Host country, the families of the Academy staff have access to the labor market if they live in the Host country together with the main holder of accreditation certificates. In the case of their participation in paid employment, privileges and immunities should be revoked.

10. In case of disagreement regarding the use of privileges and immunities granted in accordance with this Agreement, the parties shall consult with each other.

11. The Academy provides employees of the Academy and their dependents with medical insurance, as well as social insurance and accident insurance in the performance of their labor (official) duties in accordance with the procedure established by the legislation of the Host country.

Article 15 Accreditation certificates

At the Academy's official request, the Ministry of Foreign Affairs of the Republic of Kazakhstan issues, in accordance with the national legislation of the Host country, appropriate accreditation cards to Academy employees and their dependents (excluding dependents of Academy employees who are citizens of the Host country).

Article 16 Pension provision

The Academy makes mandatory pension contributions to Academy employees in order to ensure their retirement savings, in accordance with the national legislation of the Member States.

Article 17 Entry, stay and exit

The host country, in accordance with national legislation, shall take all necessary measures to facilitate entry/exit and residence in the Host country for the following persons:

1) Academy staff and their dependents;

2) members of the Scientific Council;

3) experts involved in the activities of the Academy;

4) official guests.

Article 18 Final provisions

1. This Agreement shall enter into force on the date on which the Host country notifies the Academy through diplomatic channels of its ratification.

2. Any amendments and additions to this Agreement agreed in writing between the Host Country and the Academy shall enter into force in accordance with the procedure set out in paragraph 1 of this article. Such amendments and additions are adopted in the form of separate protocols, which are an integral part of this Agreement.

3. All disputes and disagreements regarding the interpretation and application of this Agreement are resolved through negotiations between the Host Country and the Academy.

4. This Agreement remains in force indefinitely until one of the parties declares its desire to terminate this Agreement by giving six months written notice to the other party.

In confirmation of which, the relevant authorized representatives have signed this Agreement.

Done in the city of Nur-Sultan, November 16, 2020, in two copies, each in Kazakh and English, both texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the English text shall apply.

For the Government

Republic of Kazakhstan

For the Turkic Academy

The translation from Kazakh corresponds to the text of the Agreement between the Government of the Republic of Kazakhstan and the Turkic Academy on the conditions and procedure for the placement of the Turkic Academy.

Responsible Science Committee of the Ministry of Education and Science of the Republic of Kazakhstan

Kazikhanova S. N.

President

Republic of Kazakhstan

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