Евразийское экономическое сообщество

AGREEMENT

between the Government of the Republic of Kazakhstan

and the Eurasian Economic Community

on the Terms and Conditions of Operation

of the Integration Committee

of the Eurasian Economic Community

on the Territory of the Republic of Kazakhstan¹

The Republic of Kazakhstan and the Eurasian Economic Community, hereinafter referred to as the Parties,

governed by the universally accepted principles and norms of international law,

on the strength of the Treaty on the Establishment of the Eurasian Economic Community of October 10, 2000 and the Convention on Privileges and Immunities of the Eurasian Economic Community of May 31, 2001,

for the purpose of creating proper conditions for the operation of the Integration Committee of the Eurasian Economic Community on the territory of the Republic of Kazakhstan,

taking into consideration that the city of Almaty is the seat of the Integration Committee of the Eurasian Economic Community,

agreet have as follows:

Article 1

Under the present Agreement,

“EurAsEC,” or the “Community,” refers to the Eurasian Economic Community;

“Integration Committee” refers to the Integration Committee of the Eurasian Economic Community;

“Secretary General” refers to the Community’s supreme administrative official appointed by the Interstate Council of EurAsEC;

“Deputy Secretary General” refers to the official whose appointment to the office of Deputy Secretary General is approved by the Integration Committee, upon recommendation of a respective EurAsEC member state in conformity with the quota allocated to the state;

“officials” refers to persons whose appointment to the offices on the list established by the Interstate Council is approved by the Integration Committee, upon recommendation of EurAsEC member states in conformity with each member state’s quota;

“employees” refers to persons employed as specialists under employment agreements (contracts), except persons employed as maintenance personnel and ancillary workers;

“competent authorities” refers to the state authorities of the Republic of Kazakhstan;

“premises of the Integration Council” refers to buildings or sections of buildings (irrespective of the ownership thereof) used for the official purposes of EurAsEC and as a residence of the Community Secretary General and officials, and plots of land on which the said buildings or sections thereof are located;

“property of the Integration Committee” refers to all property, including funds or other assets owned by the Integration Committee or held and managed by it in the course of the performance by the Integration Committee of its official duties;

“archives of the Integration Committee” refers to documents, correspondence and other materials owned or held by the Integration Committee.

Article 2

The Integration Committee is a legal entity without authority to engage in profit-making operations on the territory of the Republic of Kazakhstan. The Integration Committee is entitled, inter alia, to:

conclude agreements;

buy movable and immovable property and manage it;

open and operate bank accounts in any currency;

transfer cash assets within the Republic of Kazakhstan, or from the Republic of Kazakhstan to another state, or from another state to the Republic of Kazakhstan;

institute legal proceedings and participate in court proceedings.

The rights provided by the present Article shall be exercised on behalf of the Integration Committee by the Secretary General or, in his absence, by the Deputy Secretary General authorized thereto.

Article 3

The Republic of Kazakhstan shall provide the Integration Committee with the premises necessary for performance of functions assigned to the Committee.

The terms and conditions of possession and use of the premises provided to the Integration Committee shall be set forth in separate agreements between appropriate authorities and the Integration Committee.

The Government of the Republic of Kazakhstan shall provide the Integration Committee with the necessary amount of service flats for the Integration Committee Secretariat officials (quota employees) who are not citizens of the Republic of Kazakhstan.

Article 4

The premises of the Integration Committee and its property shall be inviolable.

Representatives of appropriate authorities shall not enter the premises of the Integration Committee without the consent of the Secretary General or, in his absence, without the consent of his deputy and on terms other than those approved by them.

Any acts authorized by appropriate authorities shall be performed in the premises of the Integration Committee only with the consent of the Secretary General or his/her deputy.

The premises of the Integration Committee shall not be used as a shelter for persons prosecuted under the law of the Republic of Kazakhstan or subject to extradition to another state.

Inviolability of the premises of the Integration Committee shall not be construed as the authorization to use them for purposes incompatible with the functions and goals of EurAsEC or detrimental to the security of the Republic of Kazakhstan, the interests of its citizens and/or legal entities.

Article 5

The Republic of Kazakhstan shall take proper measures to protect the premises of the Integration Committee against any intrusion or damage. The Integration Committee shall bear the costs of security protection of the premises of the Integration Committee.

Article 6

The Integration Committee is entitled to establish internal regulations applicable within the Integration Committee’s premises, for the purpose of creating conditions necessary for the performance of the Integration Committee’s functions.

Article 7

In conducting its affairs the Integration Committee may hold at its residence conferences and other events without prior approval thereto from appropriate state authorities of the Republic of Kazakhstan.

Article 8

The property of the Integration Committee situated on the territory of the Republic of Kazakhstan shall enjoy immunity against search, requisition, expropriation, confiscation and other forms of legal process, the only exceptions being:

a) if a civil action is brought against the Integration Committee, its official or employee in connection with an accident caused by a transportation vehicle owned by the Integration Committee, its official or employee, or operated on behalf of the Integration Committee, in the event the compensation for the damage is not paid by an insurance policy;

b) if a civil action is brought against the Integration Committee, its official or employee in connection with compensation for harm caused to the life and health of a person by action or inaction on the part of the Integration Committee, its official or employee.

Article 9

The Integration Committee shall be exempted from direct taxes and dues, levies and other charges collected on the territory of the Republic of Kazakhstan, except payments for specific types of services.

Objects and other property designated for official use by the Integration Committee shall be exempted in the Republic of Kazakhstan from customs dues, taxes and fees related thereto, except charges for custody, customs clearance outside customs posts or outside the regular working hours of the appropriate customs agency, and for similar services in the manner required for international organizations.

Article 10

The archives of the Integration Committee shall be inviolable. The communications and correspondence of the Integration Committee shall not be subject to censorship. The immunity herein granted shall apply to printed, photographed, audiovisual and other forms of information received or sent by the Integration Committee and its officials, irrespective of the form of transmission.

Article 11

The Integration Committee may post on its buildings the flag, emblem or other symbols of EurAsEC, and fly the flags of the Community member states.

Article 12

If agreed to by the Parties, amendments may be made to the present Agreement, which shall be set out in separate schedules to the present Agreement and constitute an integral part thereof.

Any disputes as to the interpretation or application of the provisions of the present Agreement shall be resolved by negotiation between the Parties.

Article 13

In the event the Integration Committee discontinues its operations on the territory of the Republic of Kazakhstan the present Agreement shall cease to be in force after all property and non-property relations to which the Integration Committee in the Republic of Kazakhstan is a party have been resolved.

Article 14

The present Agreement shall be provisionally applied from the date on which it has been signed and shall become effective from the date on which the notification, about the implementation by the Republic of Kazakhstan of intrastate procedures necessary for the entry into effect of the Agreement, has been submitted to the depositary – the Integration Committee.

Done at Almaty on January 25, 2002 in two authentic copies in the Kazakh and Russian languages, each copy having the force and effect of an original.

For the Republic of Kazakhstan                            K. Masimov

For the Eurasian Economic Community                G. Rapota