Проект Соглашение в форме обмена нотами между Правительством Республики Казахстан и Правительством Японии о привлечении гранта Правительства Японии для осуществления проекта "Водоснабжение сельских населенных пунктов в Республике Казахстан"

___________, 2003                                 ___________,  2003




Касымжомарт ТОКАЕВ                                Тосио ЦУНОДЗАКИ




Министр иностранных дел                           Чрезвычайный и Полномочный




Республики Казахстан                              Посол Японии




                                                  в Республике Казахстан

Протокол обсуждений

В связи с Обменными Нотами от ____, о Японском экономическом сотрудничестве, которое будет предоставлено с целью укрепления дружеских отношений и сотрудничества между Японией и Казахстаном (далее Обменные Ноты), представители Японской делегации и Казахстанской делегации хотели бы зафиксировать следующее:

1. Относительно параграфа 3 Обменных Нот, представитель Японской делегации заявляет, что Правительство Японии понимает, что Правительство Казахстана предпримет необходимые меры для предотвращения любого предложения, подношения или вознаграждения за предоставление контрактов, упомянутых в параграфе 4 Обменных Нот.

2. Представитель Казахстанской делегации заявляет, что его Делегация не возражает против заявления представителя Японской делегации, указанного выше.

___________, 2003                                 ___________,  2003




Касымжомарт ТОКАЕВ                                Тосио ЦУНОДЗАКИ




Министр иностранных дел                           Чрезвычайный и Полномочный




Республики Казахстан                              Посол Японии




                                                  в Республике Казахстан








______, ____________, 2003

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows:

"I have the honour to refer to the recent discussions held between the representatives of the Government of Japan and of the Government of the Republic of Kazakhstan concerning Japanese economic cooperation to be extended with a view to strengthening friendly and cooperative relations between the two countries, and to propose on behalf of the Government of Japan the following arrangements: 1. For the purpose of contributing to the execution of the project for Rural Communities Water Supply (hereinafter referred to as "the Project") by the Government of the Republic of Kazakhstan, the Government of Japan will extend to the Government of the Republic of Kazakhstan, in accordance with the relevant laws and regulations of Japan, a grant up to five hundred twenty five million yen (525,000,000) (hereinafter referred to as "the Grant").

His Excellency




Toshio TSUNOZAKI




Ambassador Extraordinary and




Plenipotentiary of Japan




to the Republic of Kazakhstan

2. The Grant will be made available during the period between the date of coming into force of the present arrangements and March 31, 2004, unless the period is extended by mutual agreement between the authorities concerned of the two Governments.

3. (1) The Grant will be used by the Government of the Republic of Kazakhstan properly and exclusively for the purchase of the products of Japan or the Republic of Kazakhstan and the services of Japanese or Kazakhstani nationals listed below (The term "nationals" whenever used in the present arrangements means Japanese physical persons or Japanese juridical persons controlled by Japanese physical persons in the case of Japanese nationals, and Kazakhstani physical or juridical persons in the case of Kazakhstani nationals.):

(a) vehicles, equipment and materials necessary for the execution of the Project and services necessary for the procurement thereof;

(b) services necessary for the transportation of the products referred to in (a) above to the Republic of Kazakhstan and those for internal transportation therein;

(d) services necessary for the guidance in the process and quality management of the facilities.

(2) Notwithstanding the provisions of sub-paragraph (1) above, when the two Governments deem it necessary, the Grant may be used for the purchase of the products of the kind mentioned in (a) of sub-paragraph (1) above, which are products of countries other than Japan or the Republic of Kazakhstan and of the services of the kind mentioned in (a), (b), (c) and (d) of sub-paragraph (1) above, which are services of nationals of countries other than Japan or the Republic of Kazakhstan. 4. The Government of the Republic of Kazakhstan or its designated authority will enter into contracts in Japanese yen with Japanese nationals for the purchase of the products and services referred to in paragraph 3. Such contracts will be verified by the Government of Japan to be eligible for the Grant.

5. (1) The Government of Japan will execute the Grant by making payments in Japanese yen to cover the obligations incurred by the Government of the Republic of Kazakhstan or its designated authority under the contracts verified in accordance with the provisions of paragraph 4 (hereinafter referred to as "the Verified Contracts") to an account to be opened in the name of the Government of the Republic of Kazakhstan in a bank of Japan designated by the Government of the Republic of Kazakhstan or its designated authority (hereinafter referred to as "the Bank").

(2) The payments referred to in sub-paragraph (1) above will be made when payment requests are presented by the Bank to the Government Japan under an authorization to pay issued by the Government of the Republic of Kazakhstan or its designated authority.

(3) The sole purpose of the account referred to in sub-paragraph (1) above is to receive the payments in Japanese yen by the Government of Japan and to pay to the Japanese nationals who are parties to the Verified Contracts. The procedural details concerning the credit to and debit from the account will be agreed upon through consultation between the Bank and the Government of the Republic of Kazakhstan or its designated authority.

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

(a) to ensure prompt customs clearance and internal transportation in the Republic of Kazakhstan of the products purchased under the Grant;

(b) to exempt Japanese nationals from customs duties, internal taxes and other fiscal levies which may be imposed in the Republic of Kazakhstan with respect to the supply of the products and services under the Verified Contracts;

(c) to accord Japanese nationals whose services may be required in connection with the supply of the products and services under the Verified Contracts such facilities as may be necessary for their entry into the Republic of Kazakhstan and stay therein for the performance of their work;

(d) to ensure that the products purchased under the Grant be maintained and used properly and effectively for the execution of the Project; and

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

(2) With regard to the shipping and marine insurance of the products purchased under the Grant, the Government of the Republic of Kazakhstan will refrain from imposing any restrictions that may hinder fair and free competition among the shipping and marine insurance companies.

(3) The products purchased under the Grant shall not be re-exported from the Republic of Kazakhstan.

7. The two Governments will consult with each other in respect of any matter that may arise from or in connection with the present arrangements.

I have further the honour to propose that this Note and Your Excellency's Note in reply confirming on behalf of the Government of the Republic of Kazakhstan the foregoing arrangements shall be regarded as constituting an agreement between the two Governments, which shall become effective upon the receipt by the Government of Japan of the written notification from the Government of the Republic of Kazakhstan of the completion of necessary domestic procedures for the entry into force of such agreement.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration".

I have further the honour to confirm on behalf of the Government of the Republic of Kazakhstan the foregoing arrangements and to agree that Your Excellency's Note and this Note in reply shall be regarded as constituting an agreement between the two Governments, which shall become effective upon the receipt by the Government of Japan of the written notification from the Government of the Republic of Kazakhstan of the completion of necessary domestic procedures for the entry into force of such agreement.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

Kassymzhomart TOKAEV




Minister of Foreign Affairs




of the Republic of Kazakhstan








_____, ________, 2003

Excellency,

I have the honour to refer to the recent discussions held between the representatives of the Government of Japan and of the Government of the Republic of Kazakhstan concerning Japanese economic cooperation to be extended with a view to strengthening friendly and cooperative relations between the two countries, and to propose on behalf of the Government of Japan the following arrangements:

1. For the purpose of contributing to the execution of the project for Rural Communities Water Supply (hereinafter referred to as "the Project") by the Government of the Republic of Kazakhstan, the Government of Japan will extend to the Government of the Republic of Kazakhstan, in accordance with the relevant laws and regulations of Japan, a grant up to five hundred twenty five million yen (525,000,000) (hereinafter referred to as "the Grant").

His Excellency




Kassymzhomart TOKAEV




Minister of Foreign Affairs




of the Republic of Kazakhstan

3. (1) The Grant will be used by the Government of the Republic of Kazakhstan properly and exclusively for the purchase of the products of Japan or the Republic of Kazakhstan and the services of Japanese or Kazakhstan! nationals listed below (The term "nationals" whenever used in the present arrangements means Japanese physical persons or Japanese juridical persons controlled by Japanese physical persons in the case of Japanese nationals, and Kazakhstani physical or juridical persons in the case of Kazakhstan! nationals.):

(a) vehicles, equipment and materials necessary for the execution of the Project and services necessary for the procurement thereof;

(b) services necessary for the transportation of the products referred to in (a) above to the Republic of Kazakhstan and those for internal transportation therein;

(d) services necessary for the guidance in the process and quality management of the facilities.

(3) The sole purpose of the account referred to in sub-paragraph (1) above is to receive the payments in Japanese yen by the Government of Japan and to pay to the Japanese nationals who are parties to the Verified Contracts. The procedural details concerning the credit to and debit from the account will be. agreed upon through consultation between the Bank and the Government of the Republic of Kazakhstan or its designated authority.

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

(a) to ensure prompt customs clearance and internal transportation in the Republic of Kazakhstan of the products purchased under the Grant;

(d) to ensure that the products purchased under the Grant be maintained and used properly and effectively for the execution of the Project; and

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

(3) The products purchased under the Grant shall not be re-exported from the Republic of Kazakhstan.

7. The two Governments will consult with each other in respect of any matter that may arise from or in connection with the present arrangements.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

Toshio TSUNOZAKI

Ambassador Extraordinary and

Plenipotentiary of Japan

to the Republic of Kazakhstan

Agreed Minutes on Procedural Details

With reference to paragraphs 1, 3, 4 and 5 of the Exchange of Notes between the Government of the Republic of Kazakhstan and the Government of Japan dated _______, 2003, concerning Japanese economic cooperation to be extended with a view to strengthening friendly and cooperative relations between the Republic of Kazakhstan and Japan, the representatives of the Government of the Republic of Kazakhstan and of the Government of Japan wish to record the following procedural details which have been agreed upon between the authorities concerned of the two Governments:

1. The Government of Japan designates the Japan International Cooperation Agency (JICA) to implement necessary works aiming at expediting the proper execution of the Japanese grant aid.

2. The Government of the Republic of Kazakhstan shall ensure that the products and/or the services mentioned in sub-paragraph (1) of paragraph 3 of the above-mentioned Exchange of Notes will be procured in accordance with "Guidelines of the Japanese Grant Aid for General Projects and for Fisheries" of JICA, which set forth, inter alia, the procedures of tendering to be followed except where such procedures are inapplicable or inappropriate.

3. Any official of the Government of the Republic of Kazakhstan shall not undertake any part of the Japanese nationals' work on purchase of the products and services mentioned in paragraph 4 of the above-mentioned Exchange of Notes.

4. When the plan and/or design of the Project mentioned in paragraph 1 of the above-mentioned Exchange of Notes is to be modified, the Government of the Republic of Kazakhstan shall have a prior consultation with and obtain the consent to the modification of the Government of Japan, in accordance with the aforementioned "Guidelines of the Japanese Grant Aid for General Projects and for Fisheries".

__________, 2003                                  __________, 2003




Kassymzhomart TOKAEV                              Toshio TSUNOZAKI




Minister of Foreign Affairs                       Ambassador Extraordinary and




of the Republic of Kazakhstan                     Plenipotentiary of Japan




                                                  to the Republic of Kazakhstan

Record of Discussions

In connection with the Exchange of Notes dated _______, 2003, concerning Japanese economic cooperation to be extended with a view to strengthening friendly and cooperative relations between the Republic of Kazakhstan and Japan (hereinafter referred to as "the Exchange of Notes"), the representatives of the Kazakhstan! Delegation and of the Japanese Delegation wish to record the following:

1. With regard to paragraph 3 of the Exchange of Notes, the representative of the Japanese Delegation stated that the Government of Japan understands that the Government of the Republic of Kazakhstan will take necessary measures to prevent any offer, gift or payment, consideration or benefit which would be construed as a corrupt practice in the Republic of Kazakhstan from being made as an inducement to or reward for the award of the contracts referred to in paragraph 4 of the Exchange of Notes.

2. The representative of the Kazakhstani Delegation stated that his Delegation has no objection to the statement by the representative of the Japanese Delegation referred to above.

__________, 2003                                  __________, 2003




Kassymzhomart TOKAEV                              Toshio TSUNOZAKI




Minister of Foreign Affairs                       Ambassador Extraordinary and




of the Republic of Kazakhstan                     Plenipotentiary of Japan




                                                  to the Republic of Kazakhstan