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 (1998-1999)

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Law of the Republic of Kazakhstan dated December 26, 2002 No. 366

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Financial Cooperation (1998-1999), signed in Berlin on October 2, 2001.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Financial Cooperation (1998-1999)

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on January 16, 2003)

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 the maintenance of these relations is the basis of this Agreement, intending to contribute to the socio-economic development of the Republic of Kazakhstan, referring to Intergovernmental negotiations held on November 30, 1998, as well as at the intergovernmental negotiations of November 23, 1999, agreed on the following:

Article 1

(1) The Government of the Federal Republic of Germany grants the Government of the Republic of Kazakhstan or other recipients, selected jointly by both Governments, the opportunity to receive the following amounts from the Credit Institute for Economic Recovery (Frankfurt am Main): 1. A loan of up to 38,000,000 (in words: thirty-eight million) Deutsche marks for the implementation of the following projects: a) "Investment promotion in small and medium-sized enterprises (Credit line for small and medium-sized enterprises)" (agreement dated 1998) in the amount of up to 15,000,000 (in words: fifteen million) German marks; b) "Supply of the Aral Sea region with drinking water" (agreement of 1998) in the amount of up to 13,000,000 (in words: thirteen million) German marks; c) "Efficient use of renewable energy sources in the South Kazakhstan region (agreement of 1999) in the amount of up to 10,000,000 (in words: ten million) Deutsche marks; if, as a result of consideration of projects, it is determined that it is advisable to allocate funds for their implementation. 2. Irrevocable financial contributions for the creation of a Fund for Research and Specialists (agreement dated 1998) in the amount of up to 2,000,000 (in words: two million) German marks. 3. An irrevocable financial contribution (agreement dated 1999) in the amount of up to 5,000,000 (in words: five million) Deutsche marks for the implementation of the project "Health Program to combat Tuberculosis", if, as a result of consideration of the project, it is determined that it is advisable to allocate funds for its implementation and if it is confirmed that, as a social infrastructure project, it meets the special requirements that are a prerequisite for allocating an irrevocable financial contribution. (2) If the confirmation referred to in sub-paragraph 3 of paragraph 1 of this Article proves to be impossible with respect to the project specified therein, the Government of the Federal Republic of Germany will provide the Government of the Republic of Kazakhstan with the opportunity to obtain a loan from the Credit Institute for Economic Recovery (Frankfurt am Main) to finance this project in the amount up to It was provided as an irrevocable financial contribution. (3) The projects specified in sub-paragraphs 1 and 3 of 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. (4) If the project referred to in sub-paragraph 3 of paragraph 1 of this Section is replaced by a project in the field of the environment or social infrastructure, or by a guarantee fund for securing loans for medium-sized enterprises, or by measures aimed at improving the status of women in society or developing self-help in the fight against poverty, and if this new project, fund or these measures meet special requirements that are a prerequisite for allocating an irrevocable financial contribution, then the provision of such a contribution is possible; otherwise, it is possible to provide a loan. (5) 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 additional irrevocable financial contributions from the Credit Institute for Economic Recovery (Frankfurt am Main) in order to prepare the projects referred to in paragraph 1 of this Section, or additional irrevocable financial contributions In order to take the necessary accompanying measures for the implementation and maintenance of these projects, this Agreement will be applied. (6) Irrevocable financial contributions allocated in accordance with paragraph 5 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 terms of their allocation, as well as the procedure for placing orders, are governed by contracts concluded between the Credit Institute for Economic Recovery (Frankfurt am Main) and recipients of loans and/or irrevocable financial contributions in accordance with the legislation in force in the Federal Republic of Germany. The obligation to provide the amounts specified in Article 1 of this Agreement shall expire if the relevant loan and non-refundable financial deposit contracts are not concluded within eight years after the expiration of the year in which the obligation entered into force. For the amounts agreed in 1998, this period will expire on December 31, 2006, and for the amounts agreed in 1999, on December 31, 2007. (2) The Government of the Republic of Kazakhstan, if it is not itself the recipient of the loan, guarantees to the Credit Institute for Economic Recovery (Frankfurt am Main) the fulfillment in German marks of all payments for the obligations of the recipients in accordance with the contracts concluded in accordance with paragraph 1 of this Section. (3) The Government of the Republic of Kazakhstan, if it is not itself the recipient of irrevocable financial contributions, guarantees to the Credit Institution for Economic Recovery ( Frankfurt am Main) satisfaction of possible refund claims that may arise on the basis of financing contracts concluded in accordance with paragraph 1 of this Article.

Article 3

The Government of the Republic of Kazakhstan shall exempt the Credit Institution for Economic Recovery from all taxes and other government fees 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

In land, sea and air transportation of passengers and cargo related to the provision of loans and irrevocable 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, if necessary, issues the necessary permits for their participation..

Article 5

This Agreement will 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 Berlin, on October 2, 2001, in two copies, each in the Kazakh, German and Russian languages, all texts being equally authentic. In case of discrepancies in the interpretation of the Kazakh and German texts, the main text is Russian.

For the Government For the Government of the Republic of Kazakhstan Federal Republic of Germany

President

Republic of Kazakhstan

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