On the signing of the Agreement between the Republic of Kazakhstan and the Council of Europe regarding the privileges and Immunities of representatives of the members of the Group of States against Corruption and members of Assessment Groups

Decree of the President of the Republic of Kazakhstan dated August 27, 2019 No. 139.

 In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

     To approve the attached draft Agreement between the Republic of Kazakhstan and the Council of Europe regarding the privileges and Immunities of Representatives of members of the Group of States against Corruption and Members of Assessment Groups (hereinafter referred to as the Agreement).

     To authorize the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) Alik Zhatkambayev Shpekbayev to sign the attached Agreement on behalf of the Republic of Kazakhstan, authorizing amendments and additions that are not of a fundamental nature.

     This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on August 27, 2019 No. 139

Project

Agreement between the Republic of Kazakhstan and the Council of Europe on the privileges and immunities of representatives of members of the Group of States against Corruption and Members of Assessment Groups

     The Republic of Kazakhstan and the Council of Europe, hereinafter referred to as the Parties,

     Realizing the importance that representatives of the GRECO members and members of the assessment teams should be able to enjoy privileges and immunities during visits to the Republic of Kazakhstan related to the performance of their functions,

     We have agreed on the following:

Article 1

     1. This Agreement applies to representatives of GRECO members and members of assessment teams. For the purposes of this Agreement, the term "assessment team members" means scientific experts, Council of Europe officials and translators employed by the Council of Europe who assist the work of GRECO.

     2. Privileges and immunities are granted to the persons referred to in paragraph 1 of this article in order to ensure their independent performance of functions related to the work of GRECO, and not for the personal benefit of individuals.

Article 2

     1. During the performance of functions related to the preparation and conduct of assessments, as well as subsequent procedures and travel, representatives of GRECO members and members of assessment teams enjoy the following privileges and immunities:

     a) immunity from personal arrest or detention and from seizure of personal baggage, as well as immunity from any kind of criminal, civil and administrative jurisdiction of the receiving State in respect of what they have said and written and all actions performed by them in their official capacity;

     b) if this does not contradict the laws and regulations on zones where entry is prohibited or regulated for reasons of national security, the receiving State must ensure freedom of movement on the territory of the State, entry into its territory and exit from the State within the limits necessary for the performance of their functions.

     2. The persons referred to in paragraph 1 of article 1 shall not be exempt from arrest and prosecution if they are caught committing or attempting to commit a crime or immediately after its commission.

     3. The persons referred to in paragraph 1 of Article 1 are not required to testify as witnesses.

Article 3

     1. The immunities and privileges of the persons referred to in paragraph 1 of Article 1 shall be waived by the Secretary General of the Council of Europe in respect of officials of the Council of Europe and scientific experts under the supervision of the Secretary General. The immunities and privileges of GRECO member representatives are waived by their appointing States. Immunities are waived in cases where these immunities impede the administration of justice and this waiver can be made without prejudice to the purposes for which such immunity was granted.

     2. Immunities are also waived in cases where the persons referred to in paragraph 1 of article 1 have suffered damage related to a civil case, as well as damage related to an accident in the receiving State caused by a road vehicle.

     3. Waiving immunity from jurisdiction in a civil or administrative case does not mean waiving immunity in respect of securing a claim and executing a decision, which requires a special waiver.

Article 4

     1. The Republic of Kazakhstan, in accordance with its national legislation, permits the import and exempts from all customs duties, taxes and related charges, with the exception of charges for storage, transportation and other similar services.:

     a) items intended for the performance of official duties by representatives of GRECO members and members of assessment groups;

     b) items intended for the personal use of representatives of GRECO members and members of assessment groups.

     It is prohibited to use the items specified in subitems a) and b) of this paragraph for any commercial activity, including their sale or alienation in any other way, the provision of these items and the provision of paid services using such items.

     The transfer of the rights of use and (or) disposal in respect of the items specified in subparagraphs a) and b) of this paragraph to another person is permitted subject to payment of import customs duties.

     After the representatives of the GRECO members and members of the assessment groups have completed their official duties, the items specified in sub-paragraphs a) and b) of this paragraph must be removed back from the territory of the Republic of Kazakhstan.

     2. The personal baggage of representatives of GRECO members and members of assessment teams shall be exempt from inspection, except in cases where there are serious grounds to believe that it contains items that are not subject to the immunities specified in paragraph 1 of this article, or items the import or export of which is prohibited by law or regulated by quarantine regulations of the receiving State.

     Such an inspection is carried out exclusively in the presence of representatives of the GRECO members and members of the assessment teams or their authorized representatives.

Article 5

     The documents of the representatives of the GRECO members and members of the evaluation groups concerning the conduct of evaluation audits in the Republic of Kazakhstan are inviolable to the extent that they relate to the activities of GRECO. The official correspondence of GRECO and the official means of communication of representatives of GRECO members and members of assessment groups may not be subject to detention or censorship.

Article 6

     In order to ensure full freedom of speech and independence in the performance of official duties by representatives of GRECO members and members of assessment groups, immunity from the criminal, civil and administrative jurisdiction of the host State in respect of what they have said, written and other actions committed by them in the performance of their official duties continues to be granted even after the persons concerned have already They are not representatives of GRECO members or members of assessment groups.

Article 7

     The provisions of articles 1, 2, 3, 4 and 5 of this Agreement do not apply to the relationship between the representative/member of the assessment team and the authorities of the State of which he is a national or of which he is or has been a representative.

Article 8

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are integral parts of this Agreement, formalized in separate protocols and enter into force in accordance with the procedure provided for in paragraph 1 of Article 11 of this Agreement.

Article 9

     In the event of any disputes or disagreements regarding the interpretation or application of this Agreement, they will be resolved through consultations or negotiations between the Parties.

Article 10

     The withdrawal of the Republic of Kazakhstan from GRECO will simultaneously mean the termination of this Agreement.

Article 11

     1. This Agreement shall enter into force upon receipt by the General Secretariat of the Council of Europe of the instrument of ratification by the Republic of Kazakhstan of this Agreement.

     2. The entry into force of this Agreement shall be communicated to the members of the Council of Europe and non-member States of the Council of Europe belonging to the GRECO to the Secretary General of the Council of Europe.

     Done in the city of Strasbourg "____" ______ 20__ in two original copies in Kazakh, Russian, French and English, all texts being authentic. In case of disagreement in the interpretation of this Agreement, the Parties will refer to the English text.

for the Republic of Kazakhstan

for the Council of Europe

President    

Republic of Kazakhstan     

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