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

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To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Financial Cooperation, signed in Bonn on November 26, 1997.

President of the Republic of Kazakhstan Application

Agreement between the Government of the Republic of Kazakhstan and The Government of the Federal Republic of Germany on financial cooperation

(Bulletin of International Treaties of the Republic of Kazakhstan, 2000, No. 1, art. 7) (Entered into force on February 4, 1999 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 170)

The Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany, acting in the spirit of the friendly relations that have developed between the Republic of Kazakhstan and the Federal Republic of Germany, wishing to strengthen and deepen these friendly relations through partnership financial cooperation, realizing that maintaining these relations is the basis of this Agreement, intending to contribute to the socio-economic development of the Republic of Kazakhstan, have agreed as follows:  

Article 1 (1) The Government of the Federal Republic of Germany shall provide the Government of the Republic of Kazakhstan or other recipients jointly elected by both Governments with the opportunity to receive monetary amounts from the Credit Institute for Economic Recovery, Frankfurt am Main, in the following amounts: 1. Loans of 15,000,000 Deutsche marks (in words: fifteen million Deutsche marks) for the implementation of the project "Credit line in favor of small and medium-sized enterprises (credit line of the Cabinet of Ministers of Ukraine)", if, as a result of the review of the project, the expediency of facilitating its implementation is established. 2. A financial contribution of up to 10,000,000 Deutsche marks (ten million Deutsche marks) for the implementation of the project "Supply of drinking water to the Aral Sea region", if, as a result of the review of the project, it is determined that it is expedient to facilitate its implementation, and if it is confirmed that, due to its focus on environmental protection and improvement of social infrastructure, special conditions for assistance by The allocation of funds has been satisfied. (2) If it is not possible to obtain the confirmation mentioned there for the implementation of the project referred to in subparagraph 2 of paragraph 1 of this Section, the Government of the Federal Republic of Germany will provide the Government of the Republic of Kazakhstan with the opportunity to receive a loan from the Credit Institute for Economic Recovery in the amount of the financial contribution provided for the implementation of this project. (3) The projects referred to in paragraph 1 of this Section may be replaced by other projects upon agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany. If the project referred to in paragraph 1 of this Article is replaced by a project aimed at protecting the environment, improving social infrastructure, or taking independent measures to combat poverty, for the implementation of which special conditions for assistance through financial contributions are met, a financial contribution may be provided, or otherwise a loan should be provided. (4) In the event that the Government of the Federal Republic of Germany at a later date provides the Government of the Republic of Kazakhstan with the opportunity to receive additional loans or financial contributions from the Credit Institute for Economic Rehabilitation of Frankfurt am Main in order to prepare or take the necessary accompanying measures for the implementation and maintenance of the projects referred to in paragraph 1 of this Section, this Agreement applies. (5) Financial contributions allocated in accordance with paragraph 4 of this Section for preparatory and related measures shall be converted into loans if they are not used for the implementation of such measures.  

Article 2 (1) The use of the amounts specified in Article 1 of this Agreement, the conditions for their allocation, as well as the procedure for issuing orders, shall regulate contracts concluded between the Credit Institution for Economic Recovery and recipients of loans and financial contributions in accordance with the legislation in force in the Federal Republic of Germany. Consent to the disbursement of the amounts specified in subitems 1 and 2 of paragraph 1 of Article 1 disappears if the relevant loan or financing contracts are not concluded within an eight-year period, counting from the year of the declaration of consent. In respect of these amounts, the issue period will expire on 31.12.2005. (2) If the Government of the Republic of Kazakhstan itself is not the recipient of the loan, it guarantees the Credit Institution for Economic Recovery to make all payments in German marks made by the recipients to fulfill obligations on the basis of contracts concluded in accordance with paragraph 1 of this Article. (3) If the Government of the Republic of Kazakhstan itself is not a recipient of financial contributions, it guarantees the Credit Institution for Economic Recovery satisfaction of claims for repayment of funds that may arise on the basis of financing contracts concluded in accordance with paragraph 1 of this Section.  

Article 3 The Government of the Republic of Kazakhstan shall exempt the Credit Institution for Economic Recovery from all taxes and other charges levied in the Republic of Kazakhstan in connection with the conclusion and implementation of the contracts specified in Article 2 of this Agreement.  

Article 4 Regarding the land, sea and air transportation of persons and goods necessary in connection with the provision of loans and financial contributions, the Government of the Republic of Kazakhstan provides passengers and suppliers with a free choice of carrier, does not take any measures that exclude or complicate the equal participation of carriers located in the Federal Republic of Germany, and issues the necessary permits for their participation.  

Article 5 (1) The CMU Credit Line project is implemented through cooperation with the consulting program "Assistance to Small and medium-sized enterprises, including vocational training", conducted within the framework of the Kazakh-German technical cooperation. The coordination of both projects is carried out within the framework of the coordination committee. The joint chairmanship is assumed by the Institute of Economic Research, Almaty and the IFO Institute, Munich. One of the members of the coordinating committee is the Council of Kazakhstani Germans. The Coordinating Committee reports to the Federal Ministry for Economic Cooperation and Development and the Committee on Foreign Loans (CEL). (2) An adequate part of the funds allocated for the CMU Credit Line project is allocated to assist the smallest enterprises. The relevant details will be clarified by the coordinating committee.  

Article 6 The loans provided for in the Financial Cooperation Agreement of May 22, 1995 in connection with the Construction Materials Production project in the amount of 37,000,000.00 Deutsche marks (thirty-seven million Deutsche marks) will be redistributed with the allocation of an amount of 17,000,000.00 Deutsche marks (seventeen million Deutsche marks) for additional use for the purposes referred to in subparagraphs 1 and 2 paragraphs 1 of Article 1 of the projects "Credit line of the Cabinet of Ministers of Ukraine" in the amount of 12,000,000.00 German marks (twelve million German marks) and "Supply of the Aral Sea region with drinking water" in the amount of 5,000.000,00 German marks (five million German marks). At the same time, the amount of 5,000,000.00 German marks (five million German marks) for the project "Supply of the Aral Sea region with drinking water" will now be provided as a financial contribution.

Article 7 This Agreement shall enter into force on the day when the Government of the Republic of Kazakhstan notifies the Government of the Federal Republic of Germany of the completion of the internal procedures necessary for the entry into force of the Agreement. The date of entry into force of the Agreement will be the date of receipt of the notification.

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

(Experts: Sklyarova I.V., Tsai L.G.)

This Law establishes the rules for registering the pledge of movable property in order to realize and protect the rights of individuals and legal entities who have legitimate rights to this property.

President

Republic of Kazakhstan

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