On the ratification of the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America on the provision of land to the Government of the United States of America for the construction of new facilities of the Diplomatic Mission of the United States of America

Law of the Republic of Kazakhstan dated May 20, 2003 No. 419

     To ratify the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America on the provision of land to the Government of the United States of America for the construction of new facilities of the Diplomatic Mission of the United States of America, signed in Almaty on October 3, 2002.

     President of the Republic of Kazakhstan

Memorandum of Understanding between the Government of the Republic of Kazakhstan and The Government of the United States of America on the provision of land to the Government The United States of America for the construction of new facilities of the diplomatic mission The United States of America

Article 1

     In exchange for the right to acquire ownership of property located in Washington (DC) at 1401 16th Street North-West, to accommodate the diplomatic mission of the Republic of Kazakhstan, provided by the Government of the United States of America, the Government of the Republic of Kazakhstan provides the Government of the United States of America with a land plot in Astana with an area of 8,614 ha, located on the street. Manas (in the area of the Ak-Bulak-4 microdistrict), for a period of 49 years, with the possibility of extending this period without additional payment for at least three additional terms of 49 years each, for the construction of buildings of the diplomatic mission of the United States of America, subject to a one-time payment by the United States in the amount of 300,000 (three hundred thousands) of US dollars.

Article 2

     In the event that amendments are made to the legislation of the Republic of Kazakhstan granting foreign States the right to acquire ownership of land plots, the Government of the Republic of Kazakhstan, on the basis of this Memorandum, grants the Government of the United States the right to renew land use rights under a lease for ownership of this land plot, without additional payment, on the principle of reciprocity in exchange for the purchase of a building at the address: 16th street of the North-West side, 1401 for the Diplomatic Mission of the Republic of Kazakhstan in Washington, DC.

Article 3

     Subject to the prior approval of the Ministry of Foreign Affairs of the Republic of Kazakhstan and the Office of Diplomatic Missions of the U.S. Department of State, the Parties guarantee each other the permanent ownership and transfer of property, as well as the right to own buildings and land occupied by diplomatic missions in the host countries.

Article 4

     The Government of the United States of America will comply with the legislation of the Republic of Kazakhstan in the field of urban planning and architecture.

Article 5

     The leased land plot specified in article 1 of this Memorandum of Understanding is transferred free of debts, encumbrances and rights of third parties.

Article 6

     In accordance with the norms of international law, the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963, the Government of the Republic of Kazakhstan, on the basis of this Memorandum, exempts the Government of the United States of America from paying all types of taxes, fees and other payments on the provided land, as well as from paying all expenses related to the conclusion and registration of the Lease Agreement, including (but not limited to) notarial, registration and other fees, charged in accordance with the legislation of the Republic of Kazakhstan when processing all documents on the land plot.

Article 7

     All expenses for the construction of the diplomatic mission building, as well as maintenance and repair costs, electricity, gas, water and heat supply, and communication services will be paid by the Government of the United States of America independently in accordance with the regulations and tariffs in force in the Republic of Kazakhstan.

Article 8

     The Government of the Republic of Kazakhstan agrees to provide timely assistance in the organization and implementation of all necessary connections to public utilities, at its own expense or at the expense of the Astana City Administration, after the Government of the United States of America provides the technical specifications of public utilities on the leased site.

Article 9

     The Government of the Republic of Kazakhstan agrees to provide timely assistance in organizing the issuance of all construction permits, approvals and approvals necessary for the planning and construction of new buildings on the land, subject to mandatory compliance by the Government of the United States of America with all applicable procedures provided for by the current legislation of the Republic of Kazakhstan.

Article 10

     In case of disputes and disagreements in the interpretation or application of the provisions of this Memorandum of Understanding, the Parties undertake to resolve them through consultations and negotiations.

Article 11

     By mutual agreement of the Parties, amendments and additions may be made to this Memorandum of Understanding, including those provided for in article 2 of this Memorandum of Understanding, which are formalized in separate protocols that are an integral part of this Memorandum of Understanding.

Article 12

     This Memorandum of Understanding is temporarily applied from the date of signing and finally enters into force from the date of the last written notification that the Parties have completed the internal procedures necessary for the entry into force of this Memorandum.

     Done in Almaty, Kazakhstan, on October 3, 2002, in two originals, in English and Russian, both texts being equally authentic. The Kazakh text, which has the same legal force, will be signed through the exchange of diplomatic notes confirming its compliance with the English text.

         For For           Government            Government of the Republic of Kazakhstan     The United States of America

President    

Republic of Kazakhstan     

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