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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the World Health Organization on the opening of a Geographically Remote office of the World Health Organization for Primary Health Care in Almaty, Republic of Kazakhstan
The Law of the Republic of Kazakhstan dated October 1, 2015 No. 353-V SAM.
To ratify the Agreement between the Government of the Republic of Kazakhstan and the World Health Organization on the opening of a Geographically Remote office of the World Health Organization for Primary Health Care in Almaty, Republic of Kazakhstan, signed in Geneva on May 21, 2014.
President
Republic of Kazakhstan
N. NAZARBAYEV
Agreement between the Government of the Republic of Kazakhstan and the World Health Organization on the opening of a Geographically remote office of the World Health Organization for Primary Health Care in Almaty, Republic of Kazakhstan Entered into force on August 27, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 5, Article 89
The Government of the Republic of Kazakhstan (hereinafter referred to as the "Government") and the World Health Organization (hereinafter referred to as the "WHO"), hereinafter collectively referred to as the "Parties",
wishing to consolidate and expand long-term mutual cooperation,
Desiring to strengthen cooperation in order to strengthen the provision of health services, in particular in the field of primary health care development,
We have agreed on the following:
Article 1. Definitions
For the purposes of this Agreement, the following definitions are used:
i. "WHO" — The World Health Organization;
ii. WHO/Europe — The European Regional Office of the World Health Organization;
iii. "GUO" - Geographically remote office;
iv. PHC - primary health care;
v. "Experts on a business trip" — persons other than WHO officials who are on a business trip on behalf of and on behalf of WHO;
vi. "Head of the Primary Health Care Department" is a WHO official who heads a Geographically remote office for primary health care, and in case of his absence, his duly authorized representative.;
vii. "Office premises" - all office premises occupied by the State Educational Institution for Primary Health Care;
viii. "Program expenses" — expenses related to the implementation of the activities of the State Educational Institution for Primary Health Care;
ix. "WHO officials" are all WHO staff recruited by WHO in accordance with WHO rules and regulations, regardless of nationality, with the exception of those employed locally on an hourly basis, in accordance with World Health Assembly resolution WHA 12.41;
h. "WHO Archives" — records and correspondence, documents, files, messages, including in electronic form, manuscripts, photographs, film and video materials, as well as audio recordings belonging to WHO or in its possession, regardless of format.
Article 2. General provisions
1. The Parties agreed to establish a WHO technical geographically remote office in Almaty, Republic of Kazakhstan, called the Geographically Remote Office for Primary Health Care.
2. This Agreement regulates organizational issues, including financing and provision of office space for the State Educational Institution of Primary Health Care.
3. For the purpose of temporary application of the Agreement, in accordance with paragraph 1 of Article 17 of this Agreement, the authorized bodies of the Republic of Kazakhstan are guided by the national legislation of the Republic of Kazakhstan.
Article 3. The scope of the main activity of the State Educational Institution for Primary Health Care
1. The purpose of the establishment of the Primary Health Care State Educational Institution is to strengthen the provision of health services, in particular, in the field of primary health care development. The PHC will function as an operational unit of the Department of Health Systems and Public Health of the WHO Regional Office for Europe.
2. The main objectives of the State Educational Institution for Primary Health Care are:
i. To facilitate and support the activities of the Regional Office for the Transformation of Health Systems aimed at providing PHC-based health services tailored to the needs and demands of people in order to respond appropriately, effectively and innovatively to the burden of noncommunicable and communicable diseases, aging and related diseases.
ii. Providing active support to the member States of the European Region in their efforts to meet commitments made at the regional and global levels regarding the fair, responsive, efficient and effective provision of primary health care services.
3. Providing high-quality functional and innovative knowledge and evidence on aspects such as health services tailored to people's needs and requests, ensuring coordination, integration and continuity in the provision of medical care, the revised role of hospitals, coordination, organization and management of medical institutions, management of patients and cases of diseases at various stages of life with taking into account chronic conditions, including palliative care, as well as other relevant issues, challenges faced by Member States in their efforts to increase universal health coverage.
Article 4. Work plan and work evaluation
1. The MSME will carry out its activities in accordance with the WHO two-year planning cycle. The strategic plan and budget for primary health care are included in the general strategic program budget of WHO/Europe and approved by the WHO Regional Committee for Europe. The development, implementation and evaluation of the work plan are carried out in accordance with WHO/Europe standard procedures.
2. The evaluation of the work carried out within the framework of the programs on the basis of the State Educational Institution for Primary Health Care is carried out in accordance with the WHO/Europe standard procedures. In addition, the head of the PHC draws up annual progress reports and sends them through the appropriate administrative channels to the Director of WHO/Europe for consideration.
3. Based on this information, every five years after the entry into force of this Agreement and within the general time limits set out in Article 17.1 of this Agreement, a mid-term assessment of the activities of the State Educational Institution for PHC is conducted.
Article 5. Organizational structure of the State Educational Institution for Primary Health Care
1. The organizational structure and activities of the MSME are an integral part of WHO/Europe, and therefore all activities carried out under this Agreement are governed by the Constitution, Charter, rules, regulations and policies of WHO. WHO/Europe is responsible for the overall direction and methodological guidance of the work of the GUO on PHC.
2. The Director of WHO/Europe appoints or directs a senior WHO staff member to the position of head of the Primary Health Care Department. The Head acts in accordance with the terms of reference and delegation of authority established by WHO/Europe for this purpose.
3. In agreement with WHO/Europe and only at its discretion, staff may be seconded to the Primary health Care System from any WHO Member State or any other organization cooperating with WHO.
4. As necessary and in accordance with WHO regulations, personnel can be exchanged between WHO/Europe and the MSME.
5. All MSG PHC staff are WHO staff in accordance with the WHO Staff Regulations and Rules, enjoy the status, rights, privileges and duties of WHO staff, and act as WHO officials for the purposes of applying the immunities and privileges provided for in Article 8 of this Agreement.
6. The recruitment and working conditions of MSME staff are determined by WHO regulations, rules and procedures, and the final decision on the selection of certain persons is made by WHO Europe. The date of appointment, as well as each extension of appointment, is determined by WHO Europe in accordance with WHO regulations, rules and procedures.
Article 6. Legal status
1. Without being limited by financial controls, regulations, or moratoriums of any kind, WHO and the MSME have the right to:
i. To have and use funds, gold and accounts in any currency and to exchange any currency at its disposal into any other currency.
ii. Transfer your funds, gold or currency from one country to another or within the Republic of Kazakhstan.
2. In exercising their rights under paragraph 1 of this article, WHO and the MSME shall pay due attention to any representations from the Government to the extent that such representations can be accepted without prejudice to their interests.
3. GUO on PHC, its assets, income and other property:
i. Enjoy immunity from any form of judicial interference, except in specific cases where WHO explicitly declares its waiver of immunity. However, it is assumed that no waiver of immunity applies to enforcement measures.
ii. It is exempt from any form of direct taxation, however, it is assumed that WHO will not require exemption from taxation, which is actually only a payment for public services.
4. In the territory of the Republic of Kazakhstan, WHO has such legal and legal capacity as may be necessary to achieve its purpose and perform its functions.
5. The Government recognizes WHO's legal personality as a legal entity and its legal capacity, through the State Department for Primary Health Care, to conclude contracts, open bank accounts, acquire and dispose of movable and immovable property, as well as initiate and participate in legal proceedings.
6. The office premises of the State Educational Institution for PHC and the residence of the Head of the State Educational Institution for PHC are inviolable. WHO's property, assets, accounts, and archives, wherever and by whomever they are located, are not subject to search, requisition, confiscation, expropriation, seizure, or any other form of interference, whether through executive, administrative, judicial, or legislative action.
7. The Government and other authorized bodies will take all necessary measures with due attention to ensure the safety and protection of the Primary Health Care Center, its officials, as well as experts on a business trip, and that the safety and normal working environment of the primary Health Care Center will not be disrupted by unauthorized intrusion of individuals or groups of individuals from outside, as well as public order violations in the immediate vicinity. close to him.
8. Without prejudice to the provisions of this Agreement, WHO will not allow the PHC to serve as a refuge from justice for persons against whom a criminal court decision has been issued, or who are being prosecuted at the time of the commission of a crime, or for whom an arrest warrant or an order for extradition, expulsion or deportation has been issued by the competent authorities.
9. The State Agency for Primary Health Care, which is a WHO representative office, may import into and export from the territory of the Republic of Kazakhstan goods intended for official use, including in relation to its publications, photographs, film and video materials and sound recordings, regardless of their format, electronic or otherwise, with exemption from customs duties. fees, taxes and without the application of non-tariff regulation measures, prohibitions and restrictions. It is assumed that the list of goods (items) will be sent within 30 days to the authorized body in the field of customs affairs. Goods (items) imported under such exemption are not subject to sale on the territory of the Republic of Kazakhstan except on the terms agreed with the Government.
10. Although WHO, as a rule, will not require exemption from excise taxes, duties and taxes, which form part of the sale price, when purchasing movable and immovable property, nevertheless, in cases where the State Department of Primary Health Care purchases a significant amount of property for official purposes, subject or subject to such excise taxes and taxes, the Government will Whenever possible, take appropriate administrative measures to exempt from payment of excise duty or tax or refund the amount paid in accordance with the national legislation of the Republic of Kazakhstan.
Article 7. Means of communication
1. For its official communication, the GUO for PHC uses no less favorable conditions on the territory of the Republic of Kazakhstan than those provided by the Government to any other government, including the diplomatic mission of the latter, in terms of priority, tariffs and rates for mail, cables, telegrams, radiograms, telephotographs, telephone and other means of communication, as well as rates for information transmitted in print and on the radio.
2. Official correspondence and other official communications of WHO are not subject to censorship.
3. WHO has the right to use ciphers and send and receive correspondence by couriers and sealed bags, which are subject to the same immunities and privileges as diplomatic couriers and bags.
4. Nothing in this Article should be interpreted as a provision precluding the taking of appropriate precautionary measures, which may be determined by agreement between the WHO Government.
Article 8. Officials
1. Officials of the State Educational Institution for PHC have the following privileges and immunities:
i. They are not subject to judicial responsibility for what they have said or written and for all actions committed by them as officials. Such immunity continues after the end of their term of employment with WHO.
ii. Exemption from any form of taxation of salaries and emoluments paid to them by WHO or the United Nations.
iii. Exemption of them, their spouses and relatives who are dependent on them from restrictions on immigration and registration of foreigners.
iv. Together with their spouses and relatives who are dependent on them, enjoy the same repatriation opportunities during an international crisis as officials of comparable rank in diplomatic missions.
v. Exemption from state duties.
vi. The right to import for personal use — without payment of customs duties, fees and taxes, prohibitions and restrictions on importation - of one's furniture and property, including motor vehicles, upon initial assumption of office in the Republic of Kazakhstan.
vii. Import of a motor vehicle without payment of customs duties, fees and taxes, as applicable to members of diplomatic missions of the appropriate rank, according to the existing state regulation.
viii. The Government will arrange, if necessary, for officials of the State Educational Institution for PHC to obtain visas as soon as possible. The same applies to the processing of documents facilitating entry to the Republic of Kazakhstan for experts on a business trip.
2. Officials of the State Educational Institution for PHC who are citizens of the Republic of Kazakhstan shall enjoy only the immunities granted in accordance with subparagraphs i) and ii) of paragraph 1 of this article.
3. Officials of the GUO for PHC enjoy the same privileges regarding currency exchange that are granted to officials of comparable rank who are members of diplomatic missions.
4. In addition to the above-mentioned privileges and immunities, the head of the GUO for PHC enjoys in relation to himself, his spouse (ga) and his relatives who are dependent on him, privileges and immunities, exemptions and benefits usually granted to diplomatic representatives of the appropriate rank. To this end, the Ministry of Foreign Affairs includes the head of the State Department for PHC in the list of diplomatic representatives accredited in the Republic of Kazakhstan.
5. The privileges and immunities stipulated in this Agreement are granted solely for the purpose of effectively achieving the goals and objectives of WHO. WHO has the right and obligation to waive the immunity granted to any staff member in cases where, in its opinion, the immunity impedes the administration of justice and the waiver can be made without prejudice to the interests of WHO.
6. The GUO PHC and WHO shall continuously cooperate with the relevant authorities of the Republic of Kazakhstan in order to facilitate the proper administration of justice, ensure compliance with law enforcement regulations and prevent any abuse in connection with the privileges, immunities and facilities mentioned in this Agreement.
Article 9. Experts on a business trip
1. Experts on a business trip enjoy the following privileges and immunities:
i. Immunity from personal detention and seizure of their personal baggage.
ii. Judicial procedural immunity of any kind in respect of everything said or written by them and committed by them in the performance of their official duties.
iii. The same benefits in respect of restrictions on currency or its exchange and in respect of their personal baggage as are provided to officials of foreign Governments on temporary business trips.
iv. Inviolability of all papers and documents.
v. The right to use a cipher in communication with WHO and to receive documents and correspondence through couriers or in sealed bags.
2. Experts on a business trip who are citizens of the Republic of Kazakhstan shall enjoy only the immunities granted in accordance with subparagraphs ii), iv) and v) of paragraph 1 of this article.
3. Privileges and immunities are granted to experts on mission for the benefit of WHO, not for their personal benefit. WHO has the right and obligation to waive the immunity granted to any expert in any case where, in its opinion, the immunity impedes the administration of justice and the waiver does not prejudice the interests of WHO.
Article 10. Abuse of privileges
If the Government finds that any privilege or immunity provided for in this Agreement has been abused, consultations will be conducted between the Government and WHO to determine whether such abuse has occurred and, if confirmed, to take measures to prevent repeated abuse. If the results of such consultations prove unsatisfactory to the Government and WHO, the question of whether privilege or immunity has been abused shall be referred to the International Court of Justice in accordance with the procedure provided for in article 16 of this Agreement. If the International Court of Justice finds that such abuse has taken place, the Government has the right, after notifying the WHO and the GDO on PHC, to no longer grant privileges or immunities that were the subject of abuse.
Article 11. The pass
1. The Government and other authorized bodies of the Republic of Kazakhstan recognize and accept the United Nations pass issued to WHO officials as a legitimate travel document.
2. Visa applications from other holders of United Nations passes are processed as soon as possible, when these applications are accompanied by certificates that these persons are traveling on WHO business.
Article 12. Entry privileges
The authorized bodies issue work permits to the spouses of WHO officials assigned to work in the State Department of Primary Health Care, for whom the place of service is the Republic of Kazakhstan, in accordance with the national legislation of the Republic of Kazakhstan.
Article 13. Office premises
1. The Government shall provide an appropriate building and office space of the same standard as that used in WHO/Europe and bear the costs of their maintenance during the term of this Agreement. The Republic of Kazakhstan will provide office premises with furniture, facilities and equipment, including computers and telecommunications facilities, in full compliance with WHO/Europe standards, which may be changed if necessary by mutual agreement. The Government and WHO/Europe, as well as covers all related costs.
2. The Government is responsible for the maintenance of the building, office space, furniture, equipment and household amenities, the supply of stationery and office supplies, covers all related costs, as well as the costs of paying for services such as cleaning, security, energy, water, postal services and telecommunications, and related insurance costs. In the event that the Government does not have the ability to immediately ensure that the necessary repair and maintenance work is carried out, the MSME has the right to directly interact with contractors for this purpose, including ensuring the maintenance of computer and telecommunications systems at a level fully consistent with WHO/Europe standards, in accordance with paragraph 1 of this article.
3. The WHO flag and emblem are used in accordance with the WHO Code and Rules on the Flag, as well as relevant resolutions and policy provisions.
4. If the Government and WHO/Europe jointly decide to relocate the PHC and/or expand its premises (as a result of an increase in the number of employees), the Government's obligations set out in this Agreement will continue to apply to the new location and/or expanded premises. In addition, the Government pays for all expenses related to relocation and/or expansion.
Article 14. Financing of the State Educational Institution for primary health care
1. The Government annually provides WHO/Europe with an amount of at least 2,000,000 US dollars to pay for personnel and program expenses necessary for the implementation of the approved GDO PHC plan, including 13% of program support costs in accordance with World Health Assembly resolution WHA34.17, adopted in May 1981. Provided that the annual contribution is at least 2,000,000 US dollars, the funds will be spent by WHO Europe in accordance with paragraph 1 of Article 4 of this Agreement. The financial contribution provided in accordance with this paragraph also covers the period of temporary application of this Agreement.
2. In addition, the Government assumes responsibility for attracting a senior-level specialist (category P4 or higher) on a secondment basis to the WHO Regional Office for Europe in Copenhagen to coordinate activities related to the MSG on PHC. The Republic of Kazakhstan pays all expenses related to the secondment in the amount of at least USD 279,675 per year.
3. All funds paid by the Government to cover personnel and program expenses are transferred in US dollars to a special WHO/Europe bank account or by cheque.
4. Funds for activities throughout the year must be deposited by the Government into the WHO/Europe account during the first quarter of each year.
5. A prerequisite for fulfilling WHO/Europe's obligations under this Agreement is the regular early receipt of funds in accordance with the above provisions.
6. The Government should appoint a senior official at the level of the Vice Minister of Health, who will be responsible for all interactions related to the administrative and financial aspects for which the Government is committed under this Agreement.
7. In case of non-fulfillment by the Government of its obligations under this Agreement, WHO has the right to terminate this Agreement by notifying the Government 6 months in advance. The obligations assumed by the parties to this Agreement remain after termination to the extent necessary for the proper completion of activities, dismissal from positions or recall of personnel, return of unused funds and property, payment of bills, settlements of all contractual obligations to employees, subcontractors, consultants and suppliers.
Article 15. Administration of funds
1. With respect to funds received for the staff and activities of the Primary Health Care Center, WHO/Europe:
i. Administers funds in accordance with its financial and other regulations, rules and policies.
ii. Maintains a separate account for the Primary health insurance Fund for cash, showing all receipts and expenses.
iii. Any interest accrued on cash is calculated and recorded as income in accordance with WHO's financial regulations, rules and policies.
iv. Annually, no later than April 1, submits a financial management report for the previous calendar year and a certified financial report every two years.
2. All financial statements on cash are conducted in US dollars. Income and expenses incurred in another currency are converted to United States dollars at the United Nations exchange rate on the date of the transaction.
3. Financial transactions involving funds:
i. They are reviewed as part of a comprehensive internal control procedure based on the financial regulations, rules and policies in force at WHO and are subject to internal audit by WHO.
ii. They are carried out in strict accordance with the current financial regulations, rules and policies of WHO.
4. The WHO/Europe accounts are and will continue to be subject to a thorough audit by external auditors appointed by the World Health Assembly. A separate cash account is an integral part of WHO's financial statements and is therefore reflected in the WHO auditor's report and the WHO external Auditor's report to the World Health Assembly. The external audit is carried out in accordance with the WHO Financial Regulations and its annex "Additional Terms of reference governing the conduct of an external audit of WHO".
Article 16. Dispute resolution
All disagreements arising from the interpretation or application of this Agreement shall be referred to the International Court of Justice, except in cases where the Parties agree to resolve the differences in another way. In the event of a disagreement, an advisory opinion is requested on any legal matter related to the disagreement in accordance with article 96 of the statute and article 65 of the statute of the Court. The conclusion of the court is recognized by the parties as final.
Article 17. Final provisions
1. This Agreement shall enter into force upon receipt of the last written notification on the completion by the Parties of the procedures necessary for its entry into force, and shall be temporarily applied from the date of its signing to the extent that it does not contradict the current legislation of the Republic of Kazakhstan.
2. This Agreement is concluded for a period of 10 years and is automatically extended for subsequent 10-year periods, unless it is terminated in accordance with the procedure specified below. However, either party may terminate the Agreement at any time, in which case the Agreement shall terminate 9 months after one Party receives written notification from the other Party of its intention to terminate this Agreement.
3. In the event of termination of the Agreement in accordance with this Article, the obligations of the Parties remain after termination to the extent necessary for the proper completion of activities, dismissal from positions or recall of staff, return of unused funds and property, payment of bills, settlements of all contractual obligations to employees, subcontractors, consultants and suppliers.
4. This Agreement may be supplemented or amended by written consent of the Parties. Additions and amendments are an integral part of this Agreement, are drawn up in the form of a Protocol and enter into force in accordance with the procedure provided for in paragraph 1 of this Article.
5. This Agreement is drawn up in two copies, each in Kazakh, English and Russian, with all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.
In witness whereof, the undersigned, duly authorized representatives of the Parties, have signed this Agreement.
Done in Geneva on May 21, 2014.
Behind
Behind
Government
The World Organization
Republic of Kazakhstan
healthcare
RCPI's note! The text of the Agreement in English is attached below.
President
Republic of Kazakhstan
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