On the ratification of the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan on attracting a grant from the Government of Japan for the implementation of the project "Provision of medical equipment to a multidisciplinary hospital complex in the city of Kyzylorda"
Law of the Republic of Kazakhstan dated March 26, 2003 No. 397
(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on March 28, 2003)
To ratify the Agreement in the form of an exchange of notes between the Government of the Republic of Kazakhstan and the Government of Japan on attracting a grant from the Government of Japan for the implementation of the project "Provision of medical equipment to a multidisciplinary hospital complex in Kyzylorda", signed in Astana on January 29, 2003.
President of the Republic of Kazakhstan
Translation of the note of the Ministry of Foreign Affairs of the Republic of Kazakhstan
Ministry of Foreign Affairs of the Republic of Kazakhstan
Astana, January 29, 2003
Your Excellency, Allow me to confirm receipt of a Note from Your Excellency dated today, which reads as follows: "Allow me to refer to the recent discussions held between representatives of the Government of Japan and the Government of the Republic of Kazakhstan regarding Japanese economic cooperation to expand friendly ties and cooperation between the two countries, and to propose on behalf of the Government of Japan the following agreements:
1. In order to facilitate the implementation of the project Providing medical equipment to a multidisciplinary hospital complex in the city of Kyzylorda (hereinafter referred to as the "Project") by the Government of the Republic of Kazakhstan, the Government of Japan will allocate to the Government of the Republic of Kazakhstan, in accordance with existing laws and regulations of Japan, a grant of up to four hundred sixty-seven million yen (Y 467,000,000) (hereinafter referred to as the "Grant").
To His Excellency Mr. Toshio TSUNOZAKI, Extraordinary and Plenipotentiary To the Ambassador of Japan in the Republic of Kazakhstan
2. The grant will be granted during the period between the date when these agreements come into force and March 31, 2003, unless this period is extended by mutual agreement between the representatives of the two Governments.
3. (1) The grant will be used by the Government of the Republic of Kazakhstan, respectively, and exclusively for the purchase of products from Japan or the Republic of Kazakhstan and services from Japanese nationals or citizens of the Republic of Kazakhstan, as indicated below: (the term "subjects" used in these agreements means Japanese individuals or Japanese legal entities controlled by Japanese individuals, in relation to Japanese nationals, and Kazakh individuals or legal entities, in relation to Kazakh nationals.): (a) equipment necessary for the implementation of the Project and services, necessary for its placement; (b) the vehicles necessary for the implementation of the Project and the services necessary for their placement; and (c) the services necessary for the transportation of products specified in the above-mentioned subparagraphs (a) and (b) to the Republic of Kazakhstan and for transportation within the country. (2) Notwithstanding the provisions of the higher subparagraph (1), if both Governments deem it necessary, the Grant may be used to purchase products specified in subparagraphs (a) and (b) of the higher paragraph (1), which are manufactured in third countries other than Japan or the Republic of Kazakhstan, and services specified in subparagraphs (a), (b) and (c), above paragraph (1), nationals of third countries other than Japan or the Republic of Kazakhstan.
4. The Government of the Republic of Kazakhstan or its authorized bodies will conclude contracts in Japanese yen with Japanese nationals for the purchase of products and services specified in paragraph 3. Such contracts must be approved by the Government of Japan as suitable for the Grant.
5. (1) The Government of Japan will fulfill the Grant by making payments in Japanese yen to cover obligations assumed by the Government of the Republic of Kazakhstan or its authorized body under contracts approved in accordance with the provisions of paragraph 4 (hereinafter referred to as "Approved Contracts") to an account opened in the name of the Government of the Republic of Kazakhstan with the Bank of Japan designated by the Government The Republic of Kazakhstan or its authorized body (hereinafter referred to as the "Bank"). (2) The payments specified in the above subparagraph (1) will be executed upon submission by the Bank authorized to make the payment by the Government of the Republic of Kazakhstan or its authorized body, a payment application to the Government of Japan. (3) The sole purpose of the account referred to in paragraph (1) above is to receive payments in Japanese yen from the Government of Japan and to pay Japanese nationals who are participants in Approved Contracts. The procedural details regarding the loan and debit from the bank account will be agreed upon through consultations between the Bank and the Government of the Republic of Kazakhstan or its authorized body.
6. (1) The Government of the Republic of Kazakhstan will take the necessary measures to: (a) ensure timely customs clearance and domestic transportation in the territory of the Republic of Kazakhstan of goods purchased under the Grant; (b) exempt Japanese nationals from paying customs duties, taxes within the country and other financial charges that may be levied by the Republic of Kazakhstan in relation to the supply of goods and services under Approved Contracts; (c) to provide Japanese nationals, whose services will be required in connection with the supply of goods and services under Approved Contracts, with the conditions for entry into and stay in the Republic of Kazakhstan to perform their work; (e) to ensure that the goods purchased under the Grant will be properly and effectively maintained and used for sale and (f) bear all costs, other than those covered by the Grant, necessary for the implementation of the Project. (2) With regard to insurance of shipments and sea transportation of goods purchased under the Grant, the Government of the Republic of Kazakhstan will refrain from imposing any restrictions that may interfere with fair and free competition between insurance companies for shipments and sea transportation of goods. (3) The goods purchased under the Grant will not be re-exported outside the Republic of Kazakhstan.
7. The two Governments will consult with each other regarding issues that may arise in connection with these agreements. May I have the honor to assume that this Note and Your Excellency's reply confirming the above agreements on behalf of the Government of the Republic of Kazakhstan will be considered an approved agreement between the two Governments, which will enter into force on the date of receipt by the Government of Japan of a written notification that the Government of the Republic of Kazakhstan has completed the internal procedures necessary for the entry into force of this Agreement. Allow me to take this opportunity to express to Your Excellency my assurances of the highest consideration." I have the honor to confirm the above agreements on behalf of the Government of the Republic of Kazakhstan and to agree that Your Excellency's Note and this Note will be considered an approved agreement between the two Governments, which will enter into force on the date of receipt by the Government of Japan of a written notification that the Government of the Republic of Kazakhstan has completed the internal procedures necessary for the entry into force of this Agreement. Allow me to take this opportunity to express my highest respects to Your Excellency.
Kairat ABUSEITOV First Vice Minister of Foreign Affairs of the Republic of Kazakhstan
Translation of the note from the Embassy of Japan in the Republic of Kazakhstan
Astana, January 29, 2003
Sir, may I refer to the recent discussions held between representatives of the Government of Japan and the Government of Of the Republic of Kazakhstan, regarding Japanese economic cooperation to expand friendly ties and cooperation between the two countries, and to propose the following agreements on behalf of the Government of Japan:
1. In order to facilitate the implementation of the project Providing medical equipment to a multidisciplinary hospital complex in the city of Kyzylorda (hereinafter referred to as the "Project") by the Government of the Republic of Kazakhstan, the Government of Japan will allocate to the Government of the Republic of Kazakhstan, in accordance with existing laws and regulations of Japan, a grant of up to four hundred sixty-seven million yen (Y 467,000,000) (hereinafter referred to as the "Grant").
2. The grant will be granted during the period between the date when these agreements come into force and March 31, 2003, unless this period is extended by mutual agreement between the representatives of the two Governments.
to Mr. Kairat ABUSEITOV First Vice Minister of Foreign Affairs of the Republic of Kazakhstan
3. (1) The grant will be used by the Government of the Republic of Kazakhstan, respectively, and exclusively for the purchase of products from Japan or the Republic of Kazakhstan and services from Japanese nationals or citizens of the Republic of Kazakhstan, as indicated below: (The term "subjects" used in these agreements means Japanese individuals or Japanese legal entities controlled by Japanese individuals, in relation to Japanese nationals, and Kazakh individuals or legal entities, in relation to Kazakh nationals.): (a) equipment necessary for the implementation of the Project and services, necessary for its placement; (b) the vehicles necessary for the implementation of the Project and the services necessary for their placement; and (c) the services necessary for the transportation of products specified in the above-mentioned subparagraphs (a) and (b) to the Republic of Kazakhstan and for transportation within the country. (2) Notwithstanding the provisions of the higher subparagraph (1), if both Governments deem it necessary, the Grant may be used to purchase products specified in subparagraphs (a) and (b) of the higher paragraph (1), which are manufactured in third countries other than Japan or the Republic of Kazakhstan, and services specified in subparagraphs (a), (b) and (c), above paragraph (1), nationals of third countries other than Japan or the Republic of Kazakhstan.
4. The Government of the Republic of Kazakhstan or its authorized bodies will conclude contracts in Japanese yen with Japanese nationals for the purchase of products and services specified in paragraph 3. Such contracts must be approved by the Government of Japan as suitable for the Grant.
5. (1) The Government of Japan will fulfill the Grant by making payments in Japanese yen to cover obligations assumed by the Government of the Republic of Kazakhstan or its authorized body under contracts approved in accordance with the provisions of paragraph 4 (hereinafter referred to as "Approved Contracts") to an account opened in the name of the Government of the Republic of Kazakhstan with the Bank of Japan designated by the Government The Republic of Kazakhstan or its authorized body (hereinafter referred to as the "Bank"). (2) The payments specified in the above subparagraph (1) will be executed upon submission by the Bank authorized to make the payment by the Government of the Republic of Kazakhstan or its authorized body, a payment application to the Government of Japan. (3) The sole purpose of the account referred to in paragraph (1) above is to receive payments in Japanese yen from the Government of Japan and to pay Japanese nationals who are participants in Approved Contracts. The procedural details regarding the loan and debit from the bank account will be agreed upon through consultations between the Bank and the Government of the Republic of Kazakhstan or its authorized body.
6. (1) The Government of the Republic of Kazakhstan will take the necessary measures to: (a) ensure timely customs clearance and domestic transportation in the territory of the Republic of Kazakhstan of goods purchased under the Grant; (b) exempt Japanese nationals from paying customs duties, taxes within the country and other financial charges that may be levied by the Republic of Kazakhstan in relation to the supply of goods and services under Approved Contracts; (c) to provide Japanese nationals, whose services will be required in connection with the supply of goods and services under Approved Contracts, with the conditions for entry into and stay in the Republic of Kazakhstan to perform their work; (e) to ensure that the goods purchased under the Grant will be properly and effectively maintained and used for sale and (f) bear all costs, other than those covered by the Grant, necessary for the implementation of the Project. (2) With regard to insurance of shipments and sea transportation of goods purchased under the Grant, the Government of the Republic of Kazakhstan will refrain from imposing any restrictions that may interfere with fair and free competition between insurance companies for shipments and sea transportation of goods. (3) The goods purchased under the Grant will not be re-exported outside the Republic of Kazakhstan.
7. The two Governments will consult with each other regarding issues that may arise in connection with these agreements. May I have the honor to assume that this Note and Your Excellency's reply confirming the above agreements on behalf of the Government of the Republic of Kazakhstan will be considered an approved agreement between the two Governments, which will enter into force on the date of receipt by the Government of Japan of a written notification that the Government of the Republic of Kazakhstan has completed the internal procedures necessary for the entry into force of this Agreement. Allow me to take this opportunity to express to Your Excellency my assurances of the highest consideration.
Toshio TSUNOZAKI, Ambassador Extraordinary and Plenipotentiary Ambassador of Japan to the Republic of Kazakhstan RCPI's note: The English text is attached below.
President
Republic of Kazakhstan
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