AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN AND KYRGYZ REPUBLIC

of April 8, 1997

About avoidance of double taxation and prevention of evasion from the taxation concerning taxes on the income and on the capital

The Republic of Kazakhstan and the Kyrgyz Republic, being guided by the aspiration to strengthen and develop commercial, scientific, technical and cultural ties between both States and wishing to sign the Agreement on avoidance of double taxation and prevention of evasion from the taxation concerning taxes on the income and on the capital,

agreed about the following:

Article 1 of Person to which the Agreement is applied

This agreement is applied to persons who are residents of one or both Contracting States.

Article 2 Taxes to which the Agreement extends

1. This agreement is applied to the taxes on the income and on the capital levied on behalf of the Contracting State or its regional authorities according to the legislation of each of Contracting States, irrespective of method of their collection.

2. All types of tax levied from total of income, from the total amount of the capital, or from separate elements of the income or the capital including taxes on the income from alienation of personal or real estate, taxes levied from the salary fund paid by the companies and also the taxes levied from the income from capital value addition are considered as taxes on the income and on the capital.

3. The existing taxes to which the Agreement extends are in particular:

a) in the Republic of Kazakhstan:

I) tax on the income of legal entities and physical persons;

II) property tax of legal entities and physical persons.

(further referred to as as "The Kazakhstan taxes")

b) in the Kyrgyz Republic:

I) income tax and income of legal entities;

II) the income tax from physical persons.

(further referred to as as "The Kyrgyz taxes").

4. The agreement is also applied to any identical or in essence to similar taxes which will be levied in addition to the existing taxes or instead of them after signature date of the Agreement. Competent authorities of Contracting States will notify each other on any essential changes which will be made to their corresponding tax legislations.

Article 3 General determinations

1. For the purposes of this agreement if other does not follow from context:

a) terms:

I) Kazakhstan means the Republic of Kazakhstan and when using in geographical sense the term "Kazakhstan" includes territorial waters, and also exclusive economic zone and the continental shelf in which Kazakhstan can perform for particular purposes the sovereign rights and jurisdiction according to international law and in which the tax legislation of Kazakhstan is applied;

II) Kyrgyzstan means the Kyrgyz Republic. When using in geographical sense the term "Kyrgyzstan" includes the territory in which the Kyrgyz Republic performs the sovereign rights and jurisdiction according to international law and in which the tax legislation of the Kyrgyz Republic is effective;

b) the term "person" includes physical person, the company and any other consolidation of persons;

c) the term "company" means any corporate consolidation or any economic unit which are considered as corporate consolidation for the purposes of the taxation and, in particular, includes joint-stock company, limited liability company, either any other legal entity or the organization;

d) the terms "Contracting State" and "other Contracting State" mean Kazakhstan or Kyrgyzstan depending on context;

e) the terms "company of the Contracting State" and "the company of other Contracting State" mean respectively the company managed by resident of the Contracting State and the company managed by resident of other Contracting State;

f) the term "international delivery" means any transportation sea or the aircraft, railway or road transport operated by the company of the Contracting State except cases when sea or the aircraft, rail or road transport is operated only between Items in other Contracting State;

g) the term means "competent authority":

I) in Kazakhstan: Ministry of Finance or its authorized representative;

II) in Kyrgyzstan: The Ministry of Finance or the representative authorized by it;

h) the term "national person" means:

I) any physical person having nationality of the Contracting State;

II) any legal entity, partnership or any other association who received the status according to the current legislation of the Contracting State;

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