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 (2000)

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The Law of the Republic of Kazakhstan dated December 26, 2002 N 365

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on Financial Cooperation (2000), 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 (2000)

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 September 28, 2000, have agreed on the following:

Article 1

(1) The Government of the Federal Republic of Germany provides the Government of the Republic of Kazakhstan or other recipients, selected jointly by both Governments, with the opportunity to receive from the Credit Institute for Economic Recovery ( Frankfurt am Main) an irrevocable financial contribution in the amount of up to 5,000,000 (in words: five million Deutsche marks, in Euros: 2,556,459.41) deutsche marks for the implementation of the project "Health Program to combat Tuberculosis II", if, as a result of consideration of the project, the expediency of allocating funds for its implementation is established and if it is confirmed that, as a social infrastructure project, it meets special requirements that are a prerequisite for allocating an irrevocable financial contribution. (2) If the confirmation referred to in paragraph 1 of this Section proves to be impossible with respect to the project mentioned there, 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 the amount that was provided for as an irrevocable financial contribution. (3) The draft referred to in paragraph 1 of this Section may be replaced by another draft 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 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 They 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 project 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 this project, 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 conditions for their allocation, as well as the procedure for placing orders, are governed by contracts concluded between the Credit Institution for Economic Recovery 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. With respect to the amount agreed in 2000, this deadline will expire on December 31, 2008. (2) The Government of the Republic of Kazakhstan, if it is not itself the recipient of the loan, guarantees to the Credit Institution for Economic Recovery 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 a recipient of irrevocable financial contributions, guarantees to the Credit Institution for Economic Recovery satisfaction of possible 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 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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