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On approval of the loan agreement between the Bank of international cooperation of Japan and the Government of the Republic of Kazakhstan on the project of reconstruction of the road network of western Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On approval of the loan agreement between the Bank of international cooperation of Japan and the Government of the Republic of Kazakhstan on the project of reconstruction of the road network of western Kazakhstan

Law of the Republic of Kazakhstan dated March 30, 2001 No. 169-II

Approve the loan agreement between the Bank of international cooperation of Japan and the Government of the Republic of Kazakhstan on the project of reconstruction of the road network of western Kazakhstan, concluded in Tokyo on December 21, 2000.             President of the Republic of Kazakhstan N KAZ-P4 loan agreement between the Bank of international cooperation of Japan and the Government of the Republic of Kazakhstan on the loan agreement for the reconstruction of the road network of western Kazakhstan December 21, 2000_________________________________________________________________________ Kazakhstan Government-Japan Bank for International Cooperation, 2000.

          Agreement between the Bank of international cooperation of Japan and the government of the Republic of Kazakhstan on the loan N Kaz-P4 dated December 21, 2000 between the Government of Japan and the Government of the Republic of Kazakhstan dated April 1, 2000 on the content of the exchange of Notes subject to the loan provided by Japan in order to assist in steps for Economic Stabilization and development of the Republic of Kazakhstan,            The Bank of international cooperation of Japan (hereinafter referred to as the "Bank") and the government of the Republic of Kazakhstan (hereinafter referred to as the "borrower") hereby conclude the following loan agreement, which includes all additions to this agreement.  

                                 Article I Loan  

                                Part 1  

                                              The amount and objectives of the loan are described by the bank to the borrower in accordance with the terms and conditions set out in the Loan Agreement (hereinafter referred to as the "loan") as the principal amount for the implementation of the road network reconstruction project in Western Kazakhstan (hereinafter referred to as the "project"), described in Appendix 1 to this Agreement, and the relevant laws and the provisions of Japan, however, upon reaching the above-mentioned maximum amount in the aggregate of payments in accordance with the Loan Agreement, the Bank does not make any further payments., Sixteen billion five ZHUZ agrees to provide an amount not exceeding thirty-nine million (16,539,000,000) Japanese yen.  

                                  Section 2 Use of Loan Funds (1) description of the borrower to the suppliers of favorable countries-sources (hereinafter referred to as "favorable country (s)-source (s)) referred to in Annex 4 to this Agreement, contractors or consultants (hereinafter collectively referred to as "donor (s)") shall ensure the use of loan funds for the purchase of suitable goods and services necessary for the implementation of the project in accordance with the allocation of loan funds referred to in Annex 2 to this Agreement.           (2) The Final Payment shall be made in accordance with the loan agreement no later than the same day and month seven (7) years after the date of entry into force of the Loan Agreement, and thereafter the bank shall not make any further payments, unless otherwise provided between the bank and the borrower.  

                                  Article II repayment and interest  

                                  Section 1 repayment of the principal amount of the loan the borrower repays the principal amount of the loan to the bank in accordance with the schedule of repayment of the debt with an extension of the term specified in Annex 3 to this Agreement.  

                                  Section 2 interest and method of payment (1) the borrower pays interest to the bank once every six months at a rate of two whole tenths per year on the principal amount, which corresponds to the categories (A), (b) and (C) specified below, from which payments are made from him (hereinafter referred to as the "principal amount (I)") and the amount not provided for payment by him:           (a) the principal amount paid from the loan funds classified as (a) (as provided for in Section 1 of Annex 2 to this Agreement); (b) the service fees paid from the loan funds relating to the payment referred to in subparagraph (1) (A) above; (C) any principal amount redistributed from Category (C) (as provided for in subparagraph 1 of Annex 2 to this Agreement) and (1) (A) and/or (1) (b) above.            (2) the borrower pays interest to the bank once every six months at a rate of two tenths of a year on the principal amount (hereinafter referred to as the "principal amount (II)"), which corresponds to categories (A), (b) and (C), on which payments are made from him and the amount not provided for payment by him: (a) the principal amount paid from the loan funds classified as (B) (as provided for in Section 1 of Annex 2 to this Agreement);           (b) service fees paid from the loan funds in relation to the payment referred to in subparagraph (2) (A) above; (C) any principal amount redistributed from Category (C) (as provided for in Section 1 of Annex 2 to this Agreement) and in relation to what is referred to in subparagraph (2) (A) and/or (2) (b) above.            (3) to the borrower bank: (I) interest accrued on January 20 of each year from June 20 to December 19 of last year until the date of repayment of borrowed funds (hereinafter referred to as the "end date of payments"), and interest accrued on July 20 of each year from December 20 of last year to June 19 of this year; and (ii) pay interest accumulated from June 20 to December 19 of this year on December 20 of each year after the end date of payments, and interest accumulated from June 20 to June 19 of the previous year on June 20 of each year.           (4) in cases where the date of end of payments begins no earlier than two months from June 20 or December 20, regardless of the previous subsection, regardless of which of these days starts earlier, the first payment of interest after the date of end of payments will be made on January 20 or July 20, regardless of which of these days begins earlier.  

                                  Article III Special Conditions  

                                  Section 1 general terms and Conditions other terms and conditions normally applicable to the loan agreement the general terms and conditions for ODA loans of October 1999 are referred to by the following additional rules (hereinafter referred to as the "general terms and Conditions"): (1) the term "principal amount" is replaced by the terms "principal amount (I)" and "principal amount (II)" in all cases in which it applies in the general terms and Conditions; (2) the borrower

in the event that the payment is made without specifying the procedure for attributing payments to a specific debt, the BANK may decide on the procedure for such attribution of payments between the principal amount, interest or other payments for the principal amount (I) and the principal amount (II); (3) with respect to section 3.07 of the general terms and conditions, the borrower may the decision on the procedure for assigning all payments of amounts, interest and other payments relate to the loan of the bank account in Tokyo-Mitsubishi Ltd.           "Tokyo-Mitsubishi Ltd."Бөлімшisaiwarcho Office" бөлімшisaiwarcho " Division Tokyo Tokyo Japan Japan Account N 0011444 account N 0011444. (4) Section 9.03 of the general terms and Conditions shall be replaced by the following words:

          All notifications, requests, claims and other communications to or for the parties in the loan agreement are made by ordered air mail or by the services of an internationally recognized courier or by telex or facsimile communication (with immediate confirmation by ordered air mail or by the services of an internationally recognized Courier, although obtaining confirmation is not actually necessary for obtaining the relevant message by telex and facsimile communication) at the addresses specified in the loan agreement or by any party in the loan agreement to each of the other parties in the agreement, other such addresses may be provided or provided in a written notification.            (5) Form N 5 with respect to Section 10.02 (1) of the general terms and Conditions shall be drawn up in accordance with Form N 5 attached to this Agreement.  

                          Section 2 interest and method of their payment (1) the borrower pays interest to the bank once every six months at a rate of two whole tenths of two percent per year on the principal amount corresponding to categories (A), (b) and (C) specified below, on which payments are made from him (hereinafter referred to as the "principal amount (I)") and the principal amount not provided for payment by him: (a) the principal amount paid from the loan funds classified as (A) (as provided for in Section 1 of Annex 2 to this Agreement);           (b) service fees paid from the loan funds in relation to the payment referred to in subparagraph (1) (A) above; (C) any principal amount redistributed from Category (C) (as provided for in Section 1 of Annex 2 to this Agreement) and in relation to what is referred to in subparagraph (1) (A) and/or (1) (b) above.            (2) the borrower pays interest to the bank once every six months at a rate of two tenths per year on the principal amount (hereinafter referred to as the "principal amount (II)"), which corresponds to categories (A), (b) and (C), on which payments are made from him and the amount not provided for payment by him: (a) the principal amount paid from the loan funds classified as (B) (as provided for in Section 1 of Annex 2 to this Agreement);           (b) service fees paid from the loan funds in relation to the payment referred to in subparagraph (2) (A) above; (C) any principal amount redistributed from Category (C) (as provided for in Section 1 of Annex 2 to this Agreement) and in relation to what is referred to in subparagraph (2) (A) and/or (2) (b) above.            (3) to the borrower bank: (I) interest accrued on January 20 of each year from June 20 to December 19 of last year until the date of repayment of borrowed funds (hereinafter referred to as the "end date of payments"), and interest accrued on July 20 of each year from December 20 of last year to June 19 of this year; and (ii) pay interest accumulated from June 20 to December 19 of this year on December 20 of each year after the end date of payments, and interest accumulated from June 20 to June 19 of the previous year on June 20 of each year.           (4) in cases where the date of end of payments begins no earlier than two months from June 20 or December 20, regardless of the previous subsection, regardless of which of these days starts earlier, the first payment of interest after the date of end of payments will be made on January 20 or July 20, regardless of which of these days begins earlier.  

                                  Article III Special Conditions  

                                  Section 1 general terms and Conditions other terms and conditions normally applicable to the loan agreement the general terms and conditions for ODA loans of October 1999 are referred to by the following additional rules (hereinafter referred to as the "general terms and Conditions"): (1) the term "principal amount" is replaced by the terms "principal amount (I)" and "principal amount (II)" in all cases in which it applies in the general terms and Conditions; (2) the borrower

in the event that the payment is made without specifying the procedure for attributing payments to a specific debt, the BANK may decide on the procedure for such attribution of payments between the principal amount, interest or other payments for the principal amount (I) and the principal amount (II); (3) with respect to section 3.07 of the general terms and conditions, the borrower may the decision on the procedure for assigning all payments of amounts, interest and other payments relate to the loan of the bank account in Tokyo-Mitsubishi Ltd.           "Tokyo-Mitsubishi Ltd."Бөлімшisaiwarcho Office" бөлімшisaiwarcho " Division Tokyo Tokyo Japan Japan Account N 0011444 account N 0011444. (4) Section 9.03 of the general terms and Conditions shall be replaced by the following words:

          All notifications, requests, claims and other communications to or for the parties in the loan agreement are made by ordered air mail or by the services of an internationally recognized courier or by telex or facsimile communication (with immediate confirmation by ordered air mail or by the services of an internationally recognized Courier, although obtaining confirmation is not actually necessary for obtaining the relevant message by telex and facsimile communication) at the addresses specified in the loan agreement or by any party in the loan agreement to each of the other parties in the agreement, other such addresses may be provided or provided in a written notification.            (5) Form N 5 with respect to Section 10.02 (1) of the general terms and Conditions shall be drawn up in accordance with Form N 5 attached to this Agreement.  

                               Section 2 Procurement Procedure the procurement and hiring rules referred to in Section 4.01 of the general terms and Conditions shall be stated in any way in the procurement procedure provided in Annex 4 to this Agreement.  

                               Section 3 Payment procedure the payment procedure referred to in Section 4.01 of the general terms and conditions is as follows: (1) the obligation-related procedure, presented in Annex 5 to this agreement, applies in cases of payment to the supplier (s) from a favourable country (s)-source (s) other than the Republic of Kazakhstan in respect of the part of the contract specified in a currency other than the currency of the Republic of Kazakhstan.           (2) the redemption procedure provided in Annex 6 to this Agreement shall apply in cases of payment to the supplier (s) from a favorable country (s)-source (s) other than the Republic of Kazakhstan in respect of the part of the contract specified in the currency other than the Republic of Kazakhstan and the currency of the Republic of Kazakhstan.  

                               Section 4 Loan Management (1) the borrower authorizes the Ministry of Transport and Communications (hereinafter referred to as the "executor organization") to execute the project.           (2) the borrower ensures that the executing organization hires consultants to execute the project.           (3) if the funds provided from the loan are insufficient for the implementation of the project, the borrower will immediately take measures to provide the required funds.           (4) for the implementation of the project, the borrower may issue loans (loans) (hereinafter referred to as "sub-loans") from the loan funds to the executing organization. The terms and conditions of the sub-loan are more favorable than the terms and conditions of the loan agreement.           (5) ensures that the borrower submits to the bank quarterly (in January, April, July and October of each year) reports on the progress of the project before the completion of the project by the executing organization in such form and with such accuracy that the bank may make a reasoned request.           (6) the borrower shall ensure that immediately, but in any case, within six (6) months after the completion of the project, the Bank shall be provided with a report on the completion of the project by the executing organization in such form and with such accuracy that the bank may make a reasoned request.           (7) ensure that the borrower performs all procedures for assessing the environmental impact associated with the project (hereinafter referred to as the "EIA"), including obtaining final approval by the organization dealing with these issues, as soon as possible and in any case before the borrower is invited to submit proposals for concluding contracts for engineering and construction work on the project.  

                               Episode 5  

                                            Messages and requests  

For the purposes of Section 9.03 of the general terms and conditions, the following addresses are indicated: bank address: postal address: JAPAN BANK for INTERNATIONAL         -  Japan international COOPERATION cooperation bank 4-1, Ohtemachi Ichome 4-1, Ohtemachi Ichome Chiyoda-ku Chiyoda-ku Tokyo 100-8144 Tokyo 100-8144 Japan Japan Athtention:                      Development Assistance Department IV Director General attention Development Assistance Department IV Teleh: Telex: 1) Call no.         : J28360 1) Call : J28360 number Answer Back Code : JBIC J28360 answering machine: JBIC j28360 caller Code 2) Call no.         : J28430 1) invitee : J28430 number Answer back Code : JBIC J28430 answering machine : JBIS J28430 issuer code Fassimile: facsimile contact number: 81-3-5218-3973 81-3-5218-3973 borrower address: postal address: the MINISTRY of FINANCE of the Republic of Kazakhstan 33 Pobeda Ave.                          Ministry of Finance Astana, 473000 Astana, 473000 the Rebublic of Kazakhstan Zhenis Ave., 33 Avtention: Minister to Minister Fassimile: facsimile contact number: 7-3172-117762 7-3172-117762 executor Organization address: postal address:            The MINISTRY of TRANSPORT of the Republic of Kazakhstan and COMMUNICATIONS transport and communications Abai Ave.                               473000 Astana, 473000 the Rebublic of Kazakhstan Abay Ave.: Minister to the attention of the Minister Fassimile: facsimile contact number: 7-3172-321058 7-3172-321058

          In the event of a change in the above addresses and/or names, the party in which such changes occur shall notify the other party in writing of the new addresses and/or names.  

Certifying this, the bank and the borrower, acting on an appropriate basis through their authorized representatives, ensured from their names the proper conclusion of this Agreement and its official transfer to the building of the Bank of international cooperation of Japan at Chiyoda-ku, Tokyo, Japan on the date and year indicated above at the beginning.       Japan for the government of the international cooperation Bank of the Republic of Kazakhstan Appendix 1 description of the Project Part 1 description of the Project (1) purpose to improve the efficiency and reliability of the country's main road transport system in western Kazakhstan as a result of the reconstruction of the most important sections and increase the level of current maintenance as a result of technical assistance.       (2) sections of work on the road in accordance with the project (a) Karabutak - Aktobe (C) Karabutak - Kostanay (C) Atyrau - Uralsk (3) contractor Organization Ministry of Transport and Communications (4) scope of work (a) works on the reconstruction of the road network (C) Consulting Services any balance on the above points and any other points is financed by the borrower.  

                               Part 2 annual requirement according to prices in financing

the following is shown: calendar year on the Loan Project (January-December) (in million Japanese yen) (in million Japanese yen) 2001 310 414 2002 2,151 2,868 2003 5,294 7,058 2004 5,633 7,510 2005 3,151 4,202 ___________________________________________________________________ total:                16,539 22,052 payment of loan funds is made within the limits of the annual budget allocation of funds by the Government of Japan for the bank.                                       Part 3 the project is planned to be completed in July 2005.                                  Additional 2 allocation of loan funds Part 1 Allocation category allocation of loan amounts with expenses attributable to different funded categories (in Japanese % in yen million) part in foreign currency under the following articles (a) works on reconstruction of the road system 13,870 100 (C) consulting services                    1,449 100 (s) unforeseen expenses 1,220 ________________________________________________________________________ total: 16,539

Note: the items that are not suitable for financing will be shown below. (a) general administrative expenses (b) taxes and duties (c) purchase of land and other real estate (d) compensation (e) other items of indirect expenses the amount to be paid in each payment is calculated from the total amount of favorable expenses multiplied by the share given as a percentage specified in this section, unless otherwise agreed between the bank and the borrower.  

                               Section 2 redistribution of funds when changing the cost estimate (1) if there is a decrease in the cost estimate for items included in any of the categories (A) and (B), then in this case the amount intended for such category, but not necessary for it, is redistributed by the bank and assigned to Category (C).           (2) If there is an increase in the cost estimate for items included in any of the categories (A) and (B), the amount of such increase, if any, financed from the loan funds, shall be assigned by the bank at the request of the borrower, but from Category (C) to such category, taking into account the requirements for unforeseen expenses determined by the bank in relation to expenses for items of other categories.  

                               Additional debt repayment schedule 3 installments 1. repayment of the principal amount (I) amount of the stipulated period

(in Japanese yen) December 20, 2010 368,080,000 from June 20, 2011 to December 20, 2030 inclusive, June 20 and December 20 of each year 368,048,000 2. Repayment of the principal amount (II) The amount of the stipulated period (in Japanese yen) from June 20, 2011 to December 20, 2040 inclusive, June 20 and December 20 of each year 23,754,000 additional purchase procedure 4

 

                               Section 1 regulation applicable to loan purchases (1) purchases of all goods and services, with the exception of consulting services financed from loan funds, are made in accordance with the ODA loan procurement rules of the International Development Bank of Japan (October 1999) (hereinafter referred to as the "procurement rules").           (2) the hiring of consultants financed from the loan shall be carried out in accordance with the ODA loan Consultant Recruitment Regulations of the International Development Bank of Japan (October 1999) (hereinafter referred to as the "Consultant Recruitment Regulations").  

368,080,000 from June 20, 2011 to December 20, 2030 inclusive, June 20 and December 20 of each year 368,048,000 2. Repayment of the principal amount (II) The amount of the stipulated period (in Japanese yen) from June 20, 2011 to December 20, 2040 inclusive, June 20 and December 20 of each year 23,754,000 additional purchase procedure 4

 

                               Section 1 regulation applicable to loan purchases (1) purchases of all goods and services, with the exception of consulting services financed from loan funds, are made in accordance with the ODA loan procurement rules of the International Development Bank of Japan (October 1999) (hereinafter referred to as the "procurement rules").           (2) the hiring of consultants financed from the loan shall be carried out in accordance with the ODA loan Consultant Recruitment Regulations of the International Development Bank of Japan (October 1999) (hereinafter referred to as the "Consultant Recruitment Regulations").  

                               Section 2 favorable countries-Sources (1) favorable country (s) for the purchase of all goods and services, except for consulting services financed from loan funds-source (s), are all countries and regions of the world.           (2) the preferred countries (s) for the circulation of consulting services financed from loan funds are the source (s), The Republic of Kazakhstan and Japan.           (3) when hiring consulting firms, such firms must meet all the following requirements: (a) most of the shares issued by subscription belong to citizens of favorable countries-sources; (b) Most managing directors working during the entire working week are citizens of favorable countries-sources; (C) such firms have the status of a Joint-Stock Company and are registered in favorable countries-sources.           (4) consulting services provided by consulting firms that do not meet the mentioned requirements of Paragraph (3) mentioned above may be suitable for financing if the total number of people per month visiting such firms is at least fifty (50%) percent of the people per month required for consulting services. However, such consulting firms may not be hired by borrowers, but a subcontracting agreement may be concluded with consulting firms that meet all the conditions mentioned in paragraph (3) above.  

Section 3 consideration by the Bank of decisions on the purchase of goods and services (1) in the case of contracts financed from loan funds classified as (a) as specified in Annex 2 to this agreement, the following procedures are subject to consideration and approval by the bank in accordance with Section 4.02 of the general terms and conditions and regulations. With regard to such contracts, bidding procedures may be accepted under the "two envelopes" system provided for in Section 2.03 (b) of the procurement rules.            With respect to any contract worth less than five ZHUZ million (500,000,000) Japanese yen in accordance with the assessment: (i) if the borrower wishes to accept purchase procedures other than international competitive bidding, the borrower submits to the bank a request to consider the method (s) of purchase (S) (in accordance with Form N 1 attached to this Agreement). The bank shall notify the borrower of its agreement in accordance with the notification regarding the method (s) of the purchase.            (ii) after the selection of firms from among those who received a preliminary assessment has been carried out, the borrower submits to the bank for its consideration and approval a list of such firms and a report on the selection process with the justification of the choice made and a request for consideration of the results of the preliminary assessment with the attachment of all necessary documents. The borrower submits to the Bank other such documents subject to preliminary assessment, which are requested by the bank on the basis of its information.  If the bank does not object to the above documents, the bank shall accordingly notify the borrower in a notification regarding the results of the preliminary assessment.            (III) in case of acceptance of bidding procedures under the" two-envelope " system, the borrower submits an analysis of technical proposals to the bank for consideration and approval before notifying the price proposals, together with a request for the results of the analysis of Technical Proposals. The borrower submits to the bank for its information documents that relate to the issues under consideration to which the bank made a reasoned request. If the bank does not object, it accordingly notifies the borrower in a notification regarding the analysis of Technical Proposals.            (iv) before sending a notice of order to the winning bidder, the borrower submits to the bank for its consideration and approval an offer of order and an offer of order along with a request to review the analysis of bids in trades and analysis of bids in trades (in the execution of the actions referred to in subparagraph (III) above, the phrase "analysis of bids in trades" hereinafter means "analysis of price offers"). The borrower submits to the bank other documents related to the order for its information, such as tender documents for which the bank makes a reasoned request. If the bank does not object to the above documents, it accordingly notifies the borrower in a notification regarding the analysis of bids at the auction and the offer to deliver the order.            (v) in cases referred to in Section 5.10 of the procurement rules and where the borrower wishes to cancel all bids in the trades or negotiate with the bidder who received the lowest price (or, in the absence of a favorable outcome of such negotiations, with the next bidder who received the lowest price), the borrower shall notify the Bank of the reasons for If the bank does not object, it notifies the borrower of its consent. In the event of a resumption of trading, all upcoming procedures directly related to it will coincide, starting from subparagraph (i) and ending with subparagraph (iv).            (vi) after the conclusion of the contract, the borrower immediately submits to the bank for its consideration and approval a duly certified copy of the contract (in accordance with Form N 2 attached to this agreement) with a request for consideration of the contract. If the bank determines that the contract does not contradict the loan agreement, the bank shall accordingly notify the borrower in a notification regarding the contract.            (vii) for any modification or cancellation of the contract considered by the bank, but for the modification of the contract, which is not fundamental in the contract and does not affect its price, the bank will require the prior written consent of the bank when such consent is not required.            (b) with respect to any contract worth at least one billion (1,000,000,000) Japanese yen in accordance with the assessment: in addition to all the procedures mentioned, starting from subparagraph (a) (i) above, including subparagraph (vii), The following actions are performed.            Prior to the announcement and/or notification of the preliminary assessment, the borrower submits a preliminary assessment criterion to the bank for its review and approval, along with a request to review such criteria.  The bank reserves the right to require the borrower to provide documents related to the preliminary assessment for the bank's information. If the bank does not object to the above criteria, the Bank shall accordingly notify the borrower in a notice regarding the preliminary assessment criteria. In order for the borrower to change the above criteria, the prior written consent of the bank is required. If the bank deems it necessary, consideration and approval of the Bank is required in relation to the preliminary assessment documents.            (c) with respect to any contract worth at least USH billion (3,000,000,000) Japanese yen in accordance with the assessment: in addition to all the procedures mentioned, starting from subparagraph (a) (i) above, including subparagraphs (vii) and (b), the following actions are performed.            Prior to the invitation to participate in the bidding, the borrower submits to the bank a criterion for evaluating the bidding applications, along with a request to consider such criteria for its consideration and approval.  The bank reserves the right to require the borrower to provide documents related to the tender for the bank's information. Provided that the bank does not object to the above criteria. The bank shall notify the borrower accordingly in a notification regarding the criteria for evaluating bids in the trades. In order for the borrower to change any of the above criteria, he / she will need the prior written consent of the bank. If the bank deems it necessary, the tender documents are required to be reviewed and approved by the bank.            (d) with respect to any contract with a related value of at least five hundred million (500,000,000) Japanese yen in accordance with the assessment: (i) the borrower immediately submits a duly certified copy of the contract (in accordance with Form N 2 attached to this agreement) to the bank for its consideration and approval after the conclusion of the contract. If the bank determines that the contract does not contradict the loan agreement, it accordingly notifies the borrower in a notification regarding the contract. The borrower submits to the bank other similar documents related to the contract, for the information of which the bank reasonably requested.           (II) for any modification or cancellation of the contract considered by the bank, but for the modification of the contract, which is not the basis for the contract and does not affect its price, the prior written consent of the bank is required when such agreement is not required.  

Article 4 consideration by the Bank of decisions concerning the hiring of consultants (1) based on Section 4.02 of the general terms and conditions, the following procedures are subject to consideration and approval by the bank.            (a) before inviting consultants to submit proposals, the borrower submits to the bank information on the limits of its competence for consideration and approval, a final list of consultants and a letter of invitation with a request for consideration of such documents. If the BANK does not object to the above documents, it will, accordingly, notify the borrower in the notification regarding the limits of its competence, the final list of consultants and the invitation letter. The borrower requires the prior consent of the Bank for any upcoming changes to the above documents.            (b) before inviting the most highly rated consultant, begin contract negotiations. The borrower submits to the bank for its consideration and approval the results of the assessment of the proposals received by them, together with a request for consideration of the report on the assessment of the proposals of consultants. If the bank does not object to the above documents, it accordingly notifies the borrower in a notification regarding the report on the evaluation of consultants ' proposals.            (C) if the borrower wishes to hire a specific person in the context of the consultant, as provided for in Section 3.01 (2) of The Consultant Recruitment Rules, he shall submit to the bank his reasons in writing for consideration and approval by the latter, together with a letter of invitation and information on the limits of his competence. After receiving the bank's consent, the borrower can send an invitation letter and data on the limits of his competence to the consultant in question.            If the borrower considers the consultant's offer acceptable, he can agree on the terms of the contract (including financing).            (d) immediately after the conclusion of the contract, the borrower submits to the bank for review and approval a duly certified copy of the contract with a request for review of the contract (in accordance with Form No. 3 attached to this Agreement). If the bank determines that the contract does not contradict the loan agreement, it accordingly notifies the borrower in a notification regarding the contract.            (E) for any modification or cancellation of the contract considered by the bank to it, but for the modification of the contract, which is not fundamental to the contract and does not affect its price, the prior written consent of the bank is required, which does not require such consent of the bank.            (2) each contract is accompanied by the following application regarding the suitability of consulting firms, signed and dated by consulting firms: "I, the signatory below, hereby declare that (name of consulting firm) has the status of a Joint Stock Company and (name of favorable country (s)- source (s)) is registered and is a favorable consulting firm,  

"I don't know," he said, " but I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I don't know, I know, I know, I know, I know, I know, I know, I know, I know, I know, I know, I know, I know, I know, I know, I know, I know, I know.       "I, the signatory below, also confirm that the total number of people per month coming to consulting firms that do not meet the requirements set out in Section 2.(4) of Annex 4 to this Loan Agreement shall be ______ percent of the number of person-months required for consulting services.                                  

 

Article 5 language all notifications to the bank are made by the borrower in English. All documents are drawn up in English, including trade-related documents.                                                                  N 1 form Date Number for Reference N Japan Bank for international cooperation Tokyo Japan attention to the Director General of Part IV Development Promotion Dear gentlemen, request to review the procurement method (s) based on: Loan Agreement N KAZ-P4 dated December 21, 2000 for the reconstruction of the road system in Western Kazakhstan in accordance with the relevant provisions of the Loan Agreement mentioned above, we hereby submit for your consideration the procurement method(S) described in the appendix.       We will be grateful to you if you inform us of your consent.       With respect, ____________________________________________________________ for (name of the borrower) _________________________________________________________________ (signature of an official authorized to sign documents) N... Appendix Page 1. Project Name 2.method of purchase (S) ( ) Limited International (Local) Trades ( ) purchases in different countries (on-site) ( ) conclusion of direct contracts ( ) others ( ) 3. Detailed justification for choosing the method (s) of procurement (for example: technical considerations, economic factors, experience and opportunities) 4. Name (Surname) and citizenship of the supplier (in the case of limited International (Local) Trades and the conclusion of direct contracts) 5. the amount of the corresponding contract in prices foreign currency local currency 6. the main points covered by the contract 7. Type of contract ( ) contracts in finished form ( ) contracts for the purchase of goods /equipment/ materials ( ) contracts for engineering and construction works ( ) others 8. Table I) date of contract execution ii) date of shipment and / or start of work/service III) date of completion (with regard to delivery or construction) N 2 date of object Number for Reference N Japan international cooperation bank Tokyo, Japan attention to the Director General of Development Assistance Section IV: Dear gentlemen:                     Request for consideration of the contract in accordance with the relevant provisions of the loan agreement n Kaz-P4 of December 21, 2000, we hereby provide for your consideration a certified copy of the contract attached to it: detailed information about the contract will be provided below: 1. Number and date of the contract : ______________________________ 2. Name (Surname) and citizenship of the supplier 3. Name (Surname) of the buyer) : ______________________________ 4. contract price : ______________________________ 5. the amount of financing used for this (is __% of acceptable expenses) : ______________________________ 6. description of goods and : ______________________________ place of Origin we would be grateful if you would contact us about your consent with respect to the contract by sending us a notice regarding the contract.       With respect, ____________________________________________________________ for (name of the borrower) _________________________________________________________________ (signature of an official authorized to sign documents) N 3 Form date for reference number N Japan Bank for international cooperation Tokyo, Japan attention to the Director General of Development Assistance Section IV: Dear gentlemen:                     Request for review of the contract (for consulting services) in accordance with the relevant provisions of the loan agreement n Kaz-P4 dated December 21, 2000, we hereby provide for your consideration a certified copy of the contract to be attached to it: full details of the contract are given below: 1. Number and date of the contract : ______________________________ 2. Name (Surname) and citizenship of the consultant : ______________________________ 3. (1) the percentage of shares issued by subscription owned by citizens of favorable countries-sources : ______________________________ (2) percentage of directors working for the entire working week who are citizens of favorable countries-sources: ______________________________ 4. buyer's name (surname) : ______________________________ 5. contract price : ______________________________ 6. Acceptable expenses : ______________________________ 7. the amount of financing used for this (is ___% of acceptable expenses) : ______________________________ we would like to express our gratitude if you would like to contact us about your agreement regarding the contract by sending us a notice regarding the contract.       With respect, ____________________________________________________________ for (name of the borrower) _________________________________________________________________ (signature of an official authorized to sign documents)

 

                                 Appendix 5  

Article 5 language all notifications to the bank are made by the borrower in English. All documents are drawn up in English, including trade-related documents.                                                                  N 1 form Date Number for Reference N Japan Bank for international cooperation Tokyo Japan attention to the Director General of Part IV Development Promotion Dear gentlemen, request to review the procurement method (s) based on: Loan agreement N Kaz-P4 of December 21, 2000 for the reconstruction of the road system in western Kazakhstan in accordance with the relevant provisions of the loan agreement mentioned above, we hereby place at your disposal the purchase method (s) mentioned in the annex.       We will be grateful to you if you inform us of your consent.       With respect, ____________________________________________________________ for (name of the borrower) _________________________________________________________________ (signature of an official authorized to sign documents) N... Appendix Page 1. Project Name 2.method of purchase (S) ( ) Limited International (Local) Trades ( ) purchases in different countries (on-site) ( ) conclusion of direct contracts ( ) others ( ) 3. Detailed justification for choosing the method (s) of procurement (for example: technical considerations, economic factors, experience and opportunities) 4. Name (Surname) and citizenship of the supplier (in the case of limited International (Local) Trades and the conclusion of direct contracts) 5. the amount of the corresponding contract in prices foreign currency local currency 6. the main points covered by the contract 7. Type of contract ( ) contracts in finished form ( ) contracts for the purchase of goods /equipment/ materials ( ) contracts for engineering and construction works ( ) others 8. Table I) date of contract execution ii) date of shipment and / or start of work/service III) date of completion (with regard to delivery or construction) N 2 date of object Number for Reference N Japan international cooperation bank Tokyo, Japan attention to the Director General of Development Assistance Section IV: Dear gentlemen:                     Request for consideration of the contract in accordance with the relevant provisions of the loan agreement n Kaz-P4 dated December 21, 2000, we hereby provide for your consideration a certified copy of the contract attached to it: detailed information about the contract will be provided below: 1. Number and date of the contract : ______________________________ 2. Name (Surname) and citizenship of the supplier 3. Name (Surname) of the buyer) : ______________________________ 4. contract price : ______________________________ 5. the amount of financing used for this (is __% of acceptable expenses) : ______________________________ 6. description of goods and : ______________________________ place of Origin we would be grateful if you would contact us about your consent with respect to the contract by sending us a notice regarding the contract.       With respect, ____________________________________________________________ for (name of the borrower) _________________________________________________________________ (signature of an official authorized to sign documents) N 3 Form date for reference number N Japan Bank for international cooperation Tokyo, Japan attention to the Director General of Development Assistance Section IV: Dear gentlemen:                     Request for review of the contract (for consulting services) in accordance with the relevant provisions of the loan agreement n Kaz-P4 dated December 21, 2000, we hereby provide for your consideration a certified copy of the contract to be attached to it: full details of the contract are given below: 1. Number and date of the contract : ______________________________ 2. Name (Surname) and citizenship of the consultant : ______________________________ 3. (1) the percentage of shares issued by subscription owned by citizens of favorable countries-sources : ______________________________ (2) percentage of directors working for the entire working week who are citizens of favorable countries-sources: ______________________________ 4. buyer's name (surname) : ______________________________ 5. contract price : ______________________________ 6. Acceptable expenses : ______________________________ 7. the amount of financing used for this (is ___% of acceptable expenses) : ______________________________ we would like to express our gratitude if you would like to contact us about your agreement regarding the contract by sending us a notice regarding the contract.       With respect, ____________________________________________________________ for (name of the borrower) _________________________________________________________________ (signature of an official authorized to sign documents)

 

                                 Appendix 5  

                                                Obligation-related procedure for ODA loans (October 1999) the obligation-related procedure (hereinafter referred to as the "obligation-related procedure") shall be applied with appropriate changes to the contract issued in a currency other than the currency of the Republic of Kazakhstan by the supplier (s) Of The Source (s) other than the Republic of Kazakhstan for the purchase of goods and In connection with the obligations, in relation to Part (3) of the procedure, the Bank of Japan and the issue Bank "Tokyo-Mitsubishi Ltd.", Is the Bank of Tokyo.           2.A) the borrower pays the bank in the form of payment for the provision of services an amount in Japanese yen equal to zero one-tenth (0.1%) percent of the amount of the letter of obligations as payment for the service in connection with such a letter on the date of issue of the corresponding letter of Obligations. After the bank receives payment for services from the borrower, the letter of obligations is transferred to the Bank of Japan.           (b) an amount equal to the amount of such payment for services is financed from the loan funds and the bank immediately pays such an amount to itself in the form of payment for services on the day the letter of obligation is issued.  Such payment at the expense of the loan funds is an acting and binding obligation of the borrower in accordance with the terms and conditions of the loan agreement.  

                                 6-additional payment procedures  

           The procedure for payment of ODA loans (October 1999) (hereinafter referred to as the "payment procedures") shall apply in case of payment of the loan funds together with the following additional instructions issued in the currency of the Republic of Kazakhstan in respect of payments made to the Issuer (s) of the Republic of Kazakhstan and the Issuer (s) of a favorable country (s), except for the Republic of Kazakhstan, with appropriate changes: 1. The authorized bank performing currency exchange operations in Tokyo, including the payment procedure at each mention in this application, is "Bank-Tokyo-Mitsubishi", Tokyo.            2. currency exchange operations in the territory of the borrower

the authorized bank is a bank appointed by the Ministry of Finance of the Republic of Kazakhstan.       3.the documents confirming the payment and use of each fee referred to in Paragraph 2 (b) of the payment procedure are: (a) the invoice of the supplier for payments to the suppliers, indicating (i) the goods, their quantity and the prices set or imposed; (II) the document confirming the transfer of the goods specified in the invoice; and (III) the document confirming the date and       (b) an invoice from the contractor or consultant showing (I) work performed by the contractor or consultant on payments to contractors or consultants; (ii) A certificate signed by the organizer-executor on the work performed by the binder or consultant; and (III) a document confirming the date and amount of payment to be produced to the contractor or consultant.

4. (A) the borrower pays the bank an amount in Japanese yen equal to zero to one-tenth percent (0.1%) of the payment amount as payment for services related to such payment on the date of such payment for the borrower.  Payment by the bank is made after receiving the payment for the service from the borrower in accordance with this procedure.            (b) an amount equal to the amount of such payment for the service is financed from the loan funds and the bank immediately pays such an amount in the form of payment for the service on the day the borrower pays for himself. Such payment at the expense of the loan funds is an acting and binding obligation of the borrower in accordance with the terms and conditions of the loan agreement.            5.the amount of the request for payment is given in Japanese yen.            6. regardless of Paragraph 2. (A) of the payment procedure, payment information is attached to it in accordance with the form of the International Development Bank of Japan-SSR.                        Additional points to the clarification regarding the legal request-give us the Decree of the President of the Republic of Kazakhstan No. 2679 and the English translation of what was stated in the previous response to the legal request dated April 3.            - Provide us with the legal documents authorizing the Deputy Prime Minister to sign the loan agreement and the power of attorney with their translation into English. Despite the explanations in the answers to the legal inquiry, Law n 464-1 does not mention the status of the Prime Minister.            - "Confirmation of authority" must be issued on behalf of the borrower to persons who draw up, sign and officially issue documents necessary for the implementation of the loan agreement. Who has the right and authority to prepare "confirmation of authority", which is given in the form of Form N 3 in the legal inquiry with the right and authority? In response to the legal request, the deputy prime minister issues a "Certificate of authority". Using the term "certificate of authority", make a hint " confirmation of authority

you look like you're sitting down?"       - As in previous loan agreements, the borrower will be replaced-instead of the "Republic of Kazakhstan" it will be called "Government of the Republic of Kazakhstan". Can't you explain why?"                                                           (Form N 5) date for reference number n Japan international cooperation bank Tokyo, Japan attention to the manager: Dear gentlemen: legal conclusion on the loan agreement

          In respect of the loan submitted by the International Bank of Japan (hereinafter referred to as the "bank") to the Government of the Republic of Kazakhstan (hereinafter referred to as the "borrower") in the total amount of the loan not exceeding sixteen billion five hundred thirty-nine million (16,539,000,000) Japanese yen, in accordance with the terms and conditions of the loan agreement n Kaz-P4 of December 21, 2000 between the borrower and the bank, the principal amount and other agreements in addition to it (hereinafter referred to as the "loan agreement"), I, the signatory below, acting as a legal adviser to the borrower,

I confirm this: I have reviewed and studied, among other things, the following documents: (A) on the implementation of the necessary intra-state procedures approved by the Parliament of the Republic of Kazakhstan and approved by the Government of Japan of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____ __________________ written notification of the exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan dated April 1, 2000; (b) Loan Agreement; (C) ______________ issued, _ _ _ _ Year ___ __________ confirmation of representations and samples of signatures; (d) other documents;

          (E) all laws and regulations in the borrower's country relating to the rights and powers of the borrower to conclude, sign and officially issue the loan agreement.            In view of the foregoing, I hereby confirm the following: 1. that you have the right and authority (surname and position) to conclude, sign and officially grant the loan agreement (laws and powers) in accordance with it.            2           (E) all laws and regulations in the borrower's country relating to the rights and powers of the borrower to conclude, sign and officially issue the loan agreement.            In view of the foregoing, I hereby confirm the following: 1. that you have the right and authority (surname and position) to conclude, sign and officially grant the loan agreement (laws and powers) in accordance with it.            2. That the borrower (in accordance with the laws and regulations) is authorized to receive a loan in foreign currency by an authorized person outside the country, and that the terms and conditions of the loan agreement comply with the rules (laws and regulations).            3. as a result, the loan agreement has been duly approved

and that it has been concluded, signed and officially issued on and on behalf of the borrower and is the obligation of the borrower to act and relate to all its terms and conditions.            4.that the permission and all other procedures necessary for the execution of the loan agreement have been duly obtained and executed.            Certifying this, I, the signatory below, put my signature below and attached my official seal with respect to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ying this, I, the signatory below, put my signature below and attached my official seal with respect to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , ________________ Minister of Justice (Japan International Cooperation Bank form - SSP) summary payment schedule -------------------------------------------------------------------------- 1 !     2     !   3  !     4     !      5      !   6  !  7   !    8 deals!Buyer!The giver! Of the giver ! Of the goods !Category!Come out!Agreement -!           !      !Citizenship ! and / or !      ! land !The c     !Citizenship ! and / or !      ! land !The contract !           !      !           !of services !      !      ! Amount !           !      !           ! description !      !      !         -------------------------------------------------------------------------- 1. 2. 3. 4. -------------------------------------------------------------------------- continuation of the scoreboard: -------------------------------------------------------------------------- 1 !   9   !   10  !     11     !     12    !      13      !    14 deals! Payment ! Payment !  Payment ! Buy! Financing !  Payment !  day ! amount! Description!   The way !     for !the coefficient.       !       !       !            !           ! Applicable !    come on !       !       !            !           !     amount ! --------------------------------------------------------------------------   1.   2.   3.   4. -------------------------------------------------------------------------- Total ---------------------------------------------------------------------------------------- Total -------------------------------------------------------------------------- the signatory below, the giver (s) listed above, and the goods and/or services are acceptable under Loan Agreements.  Note 4 citizenship of The Giver : the country in which the giver has the status of a Joint-Stock Company and is registered.       5-T. Note Category: A category whose description is given in Part 1 of Appendix 2.   Vol.10 and 13. Note payment amount: if not in Japanese yen, the amount in the currency in which the payment was made to the giver, as well as the amount of its traNote payment amount: if not in Japanese yen, the amount in the currency in which the payment was made to the giver, as well as the amount of its transfer to another currency, calculated in accordance with paragraph 4 of the payment procedure (-laryn), show.        Note to clause 11 Dlaryn), show.        Note to clause 11 Description of payment: initial payment, installment payment or final payment, etc. Note to clause 12 Purchase method: specify the reason for the choice in case of procurement methods other than international competitive bidding.        Item 14. Note payment ratio: the ratio of the amount used for financing, and the amount of payment in the currencyote payment ratio: the ratio of the amount used for financing, and the amount of payment in the currency made to the giver.                   Specialists: Kassymbekov B. A. Bagarova Zh. A.  

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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