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 "Support for the development of ambulance and emergency services to the population of Astana"

Home / RLA / 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 "Support for the development of ambulance and emergency services to the population of Astana"

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 "Support for the development of ambulance and emergency services to the population of Astana"

Law of the Republic of Kazakhstan dated January 8, 2003 No. 377

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 "Support for the development of ambulance and emergency services to the population of Astana", made in Astana on July 11, 2002.

President of the Republic of Kazakhstan

Transfer on 18.10.02 N 01-584 The beginning of the transfer Republic of Kazakhstan Ministry of Foreign Affairs

Astana, July 11, 2002

Your Excellency, allow me to confirm receipt of a Note from Your Excellency dated today stating the following: "Let me 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 propose the following agreements on behalf of the Government of Japan:  

1. In order to facilitate the implementation of the project to Improve the Emergency Medical Center in Astana (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 the existing laws and regulations of Japan, a grant in the amount of four hundred and fifty-four million yen (Y 454,000,000) (hereinafter referred to as the "Grant").

His Excellency Toshio Tsunozaki, Ambassador Extraordinary and Plenipotentiary Ambassador of Japan to 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) vehicles and equipment, necessary for the implementation of the Project, and the services necessary for their placement; and (b) the services necessary for the transportation of the products specified in paragraph (a) above 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 paragraph (a) of the higher subparagraph (1), which are manufactured in third countries other than Japan or the Republic of Kazakhstan, and services specified in paragraphs (a) and (b) of the above subparagraph (1), nationals of third countries other than Japan or the Republic of Kazakhstan.

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 the rapid clearance of customs duties 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 monetary charges that may be levied by the Republic of Kazakhstan in respect of 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; (d) to ensure that the goods purchased under the Grant will be properly and effectively maintained and used for sale of the Project; and (e) bear all costs, other than those that will be 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 day of Your Excellency's reply. 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 express my agreement 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 this reply. Allow me to take this opportunity to express my highest respects to Your Excellency.

Kasymzhomart Tokayev Secretary of State - Minister of Foreign Affairs of the Republic of Kazakhstan End of transfer ----------------- Transfer on 18.10.02 N 01-584 The beginning of the transfer

Astana, July 11, 2002

Your Excellency, 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 propose the following agreements on behalf of the Government of Japan:

His Excellency Kasymzhomart Tokayev, Secretary of State - Minister of Foreign Affairs of the Republic of Kazakhstan

(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 paragraph (a) of the higher subparagraph (1), which are manufactured in third countries other than Japan or the Republic of Kazakhstan, and services specified in paragraphs (a) and (b) of the above subparagraph (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 of the Republic of Kazakhstan or its authorized bodies (hereinafter referred to as the Bank).

(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 day of Your Excellency's reply. 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 End of transfer -----------------

Note from the Ministry of Foreign Affairs of the Republic of Kazakhstan

Your Excellency, I have the honor to inform you that I have received your note N__ from ______, the text of which is given below: "Your Excellency, I have the honor to confirm the recent discussions 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:

1. In order to facilitate the implementation of the project "Provision of 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 Japanese law, a grant in the amount of four hundred sixty-seven million yen (Y 467,000,000) (hereinafter referred to as the "Grant").

2. The grant will be provided within _ years from the date of entry into force of this Agreement.

3. (1) The grant will be used by the Government of the Republic of Kazakhstan exclusively for the purchase of products from Japan or the Republic of Kazakhstan and services from Japanese nationals or subjects of the Republic of Kazakhstan, as indicated below (the term "subjects" means Japanese individuals or legal entities in relation to Japanese nationals, and Kazakh individuals or legal entities in relation to Kazakh nationals): (a) vehicles and equipment required for the implementation of the Project; (b) services necessary for the transportation of products specified in subparagraph (a) to the Republic of Kazakhstan and within the country.

To His Excellency

to Mr. Toshimitsu Mori, Ambassador Extraordinary and Plenipotentiary Japan in the Republic of Kazakhstan

(2) Notwithstanding the above condition of paragraph (1), if both Governments deem it necessary, the Grant may be used to purchase products specified in subparagraph (a) of paragraph (1), manufactured in third countries other than Japan or the Republic of Kazakhstan, and services specified in subparagraphs (a) and (b paragraph (1) of citizens or legal entities of third countries other than Japan or the Republic of Kazakhstan.

5. (1) The Government of Japan will issue a Grant through payments in Japanese yen to cover obligations assumed by the Government of the Republic of Kazakhstan or its authorized bodies under approved contracts in accordance with 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 of the Republic of Kazakhstan or by its authorized bodies (hereinafter referred to as the "Bank"). (2) The payments referred to in paragraph (1) will be made upon submission by the Bank authorized by the Government of the Republic of Kazakhstan or its authorized bodies to make the payment, a payment application to the Government of Japan (3) The sole purpose of opening an account referred to in paragraph (1) is to receive payments in Japanese yen by the Government of the Republic of Kazakhstan for the purchase of products and payment for the services specified in paragraph 3. The procedural details regarding the loan and debit from the bank account will be agreed upon during consultations between the Bank and the Government of the Republic of Kazakhstan.

6. (1) The Government of the Republic of Kazakhstan will take the following measures: (a) to guarantee customs clearance and internal transportation in the territory of the Republic of Kazakhstan of goods purchased under the Grant; (b) to exempt Japanese nationals from paying income tax on income earned from the Grant; (c) to provide Japanese nationals whose services will be required in connection with the supply of goods and services under Approved Contracts, conditions for entry into the Republic of Kazakhstan and stay on its territory to perform their work; (d) ensure the targeted and efficient use of the goods purchased under the Grant for the implementation of the Project; (e) bear all costs, in addition to those that will be covered by the Grant, necessary for the implementation of the Project.

(2) With regard to insurance of transportation and maritime 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 of transportation and maritime transportation. (3) The goods purchased under the Grant will not be re-exported outside the Republic of Kazakhstan.

7. Both Governments will consult with each other regarding issues that may arise in connection with the Grant. I have the honor to propose that this note and Your Excellency's reply confirming the above with respect to the Government of the Republic of Kazakhstan will be an Agreement between the Governments of the two States, 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. I take this opportunity to renew to Your Excellency my assurances of my high esteem." I have the honor to inform you that the Government of the Republic of Kazakhstan, in accordance with the proposal of the Government of Japan, and Your Excellency's note No. __ dated _____ and this note, will be an Agreement between the Governments of the two States, which will enter into force on the date of receipt by the Government of Japan of a written notification on the completion by the Government of the Republic of Kazakhstan of the internal procedures necessary for entry into force by virtue of this Agreement. Your Excellency, accept the assurances of my highest consideration.

Secretary of State - Minister of Foreign Affairs of the Republic of Kazakhstan Kasymzhomart Tokayev Astana "__"______ 2002 year

Note from the Embassy of Japan in the Republic of Kazakhstan

Your Excellency, I have the honor to confirm the recent discussions 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:

1. In order to facilitate the implementation of the project "Support for the development of the ambulance and emergency services to the population of Astana" (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 the laws of Japan, a grant in the amount of four hundred fifty four million yen (Y 454,000,000) (hereinafter referred to as "Grant"). 2. The grant will be provided within _ years from the date of entry into force of this Agreement.

(a) vehicles and equipment required for the implementation of the Project;

(b) services necessary for the transportation of products specified in subparagraph (a) to the Republic of Kazakhstan and within the country.

(2) Notwithstanding the above condition of the clause

(1) If both Governments deem it necessary, the Grant may be used to purchase products specified in subparagraph (a) of paragraph (1), manufactured in third countries other than Japan or the Republic of Kazakhstan, and services specified in subparagraphs (a) and (b) of paragraph (1) of citizens or legal entities. persons from third countries other than Japan or the Republic of Kazakhstan.

To His Excellency

to Mr. Kasymzhomart Tokayev, Secretary of State - Minister of Foreign Affairs of the Republic of Kazakhstan

(2) Payments specified in paragraph

(1), will be executed upon submission by a Bank authorized by the Government of the Republic of Kazakhstan or its authorized bodies to make a payment, a payment application to the Government of Japan.

(3) The sole purpose of opening an account referred to in paragraph (1) is to receive payments in Japanese yen by the Government of the Republic of Kazakhstan for the purchase of products and services specified in paragraph 3. The procedural details regarding credit and debit from the bank account will be agreed upon during consultations between the Bank and the Government of the Republic of Kazakhstan.

6. (1) The Government of the Republic of Kazakhstan will take the following measures:

(a) to guarantee the customs clearance and internal transportation in the territory of the Republic of Kazakhstan of goods purchased under the Grant;

(b) exempt Japanese nationals from paying income tax on income earned from the Grant; (c) 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 the Republic of Kazakhstan and stay on its territory to perform their work.;

(d) to ensure the targeted and effective use of the goods purchased under the Grant for the implementation of the Project;  

(e) to bear all expenses, other than those that will be covered by the Grant, necessary for the implementation of the Project.

(3) The goods purchased under the Grant will not be re-exported outside the Republic of Kazakhstan.

(Note. RCPI. The English text is attached to the Agreement)

President

Republic of Kazakhstan

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