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The agreement between the Government of the Republic of Kazakhstan, the Government of the Russian Federation and the Government of Turkmenistan on cooperation in construction of the Caspian gas pipeline

of December 20, 2007

The government of the Republic of Kazakhstan, the Government of the Russian Federation and the Government of Turkmenistan which further are referred to as with the Parties

being guided by the Mutual declaration of the President of the Republic of Kazakhstan, the President of the Russian Federation and the President of Turkmenistan about construction of the Caspian gas pipeline of May 12, 2007,

being guided by the Agreement between the Russian Federation and Turkmenistan on cooperation in the gas industry of April 10, 2003, the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the gas industry of November 28, 2001.

for the purpose of development of long-term cooperation in transportation of the Turkmen and Kazakhstan natural gas on the basis of integration of the gas industries of the states of the Parties,

considering that the Parties have the sufficient financial potential and natural gas resources necessary for realization of the purposes of this agreement,

agreed as follows:

Article 1

The subject of the agreement is project implementation of construction of the Caspian gas pipeline from Belek compressor station (Turkmenistan) to Alexandrov Guy gas-measuring station (Russia) (further - the Caspian gas pipeline) taking into account reconstruction of the existing Okarem-Beyneu and Average Asia Center gas pipelines for transportation of the Turkmen and Kazakhstan natural gas on the territories of Turkmenistan, Kazakhstan and Russia (further - the project).

Article 2

Project implementation is enabled by the following authorized organizations:

from the Kazakhstan side - joint-stock company "The KazMunaiGas national company,

from the Russian side - Gazprom open joint stock company,

from the Turkmen side - Turkmengaz State concern.

In case of the replacement of authorized organizations providing transition of all rights and obligations on the project, the Parties without delay notify on this each other through diplomatic channels.

Article 3

The parties recognize that authorized organizations approved and perform the program of project implementation including including:

carrying out tool inspection of technical condition of objects of the existing gas-transport system in the territories of the states of the Parties;

preparation of the program of synchronization of project implementation with step-by-step development of fields for the purpose of ensuring transportation of the guaranteed amounts of natural gas within the project;

joint preparation of the generalizing report on feasibility statements on the basis of feasibility statements concerning the separate parts of the project realized in the territories of the states of the Parties approved by authorized organizations;

determination of structure and procedure for transfer of basic data and separate results of works on feasibility statements.

The parties can consider the possibility of increase in capacity of the Caspian gas pipeline taking into account development of source of raw materials of the Parties.

Article 4

The parties will provide the beginning of practical project implementation from the second half of the year 2008 on the basis of the approved feasibility statements and the agreement (agreements) on the basic principles of joint project implementation.

Project implementation in the territory of the state is provided and performed by authorized organization of the relevant Party independently except as specified when any of the Parties makes the decision on other procedure in the territory of the state.

Prior to project implementation authorized organizations sign the relevant agreement (agreements) on the basic principles of joint project implementation which, in addition, joins provisions about:

designing, reconstruction, construction and operation of subjects of the project as single infrastructure facility;

tarifo-and pricings;

regulation of the commercial relations between authorized organizations during action of this agreement, including about provision of mutual guarantees on the basis of commercial agreements (contracts) at least 15 years for purchase and transportation of natural gas providing firm commitments on purchase and sale amounts and also on gas transportation;

financing of the project;

to transportation of natural gas on mutually advantageous conditions on the capacities created within the project;

confidentiality.

Article 5

For the purpose of project implementation each of the Parties confirms taken earlier and assumes the following obligations:

Kazakhstan side:

guarantees transportation on the territory of the Republic of Kazakhstan of the Turkmen gas in amount to 10 billion cubic meters annually in the transit mode on the gas-transport system.

and through the authorized organization:

provides performance improvement of the existing gas-transport system in the territory of the state and creation of new capacities for transportation of the Turkmen and Kazakhstan gas in total amount to 20 billion cubic meters annually to border of the Republic of Kazakhstan with the Russian Federation (Alexandrov Guy gas-measuring station);

provides delivery at frontier of the Republic of Kazakhstan with the Russian Federation (Alexandrov Guy gas-measuring station) and sale annually to 10 billion cubic meters of gas of the Kazakhstan origin of authorized organization of the Russian Side for fair market price.

Russian side:

according to the Agreement between the Russian Federation and Turkmenistan on cooperation in the gas industry of April 10, 2003 guarantees purchase, transportation and payment of the Turkmen gas in amount to 10 billion cubic meters on border of Turkmenistan with the Republic of Kazakhstan (Karabogaz gas-measuring station in the territory of Turkmenistan) as accomplishment of part of obligations under the specified Agreement;

and through the authorized organization:

provides purchase on border of the supplying country on the fair market price approved by authorized organizations, the Turkmen and Kazakhstan gas in total amount to 20 billion cubic meters annually;

provides transportation of the purchased Turkmen and Kazakhstan gas on the territories of the Republic of Kazakhstan and payment of this transportation in compliance with the signed agreements (contracts);

provides performance improvement of gas-transport system, including creation of new capacities in the territory of the state for acceptance on border of the Republic of Kazakhstan with the Russian Federation (through Alexandrov Guy gas-measuring station) the Turkmen and Kazakhstan gas in amount to 20 billion cubic meters annually with the subsequent transportation;

Turkmen Side:

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