of September 14, 2011
About conditions of stay of Eurasian Development Bank in the territory of the Kyrgyz Republic
Government of the Kyrgyz Republic and Eurasian Development Bank,
being guided by the Agreement on organization of Eurasian Development Bank of January 12, 2006 (further - the Agreement on organization) and the Charter of Eurasian Development Bank which is integral part of the Agreement on organization (further - the Charter),
for the purpose of creating favorable conditions for activities of Eurasian Development Bank (further - Bank) in the territory of the Kyrgyz Republic, and also determination of the status, privileges and immunities of Bank, members of council of Bank, officials and bank employees in the Kyrgyz Republic,
agreed as follows:
In this agreement the concepts mentioned in the Charter and also the following are used:
a) "Government" means the Government of the Kyrgyz Republic;
b) "Bank" means Eurasian Development Bank;
c) "Representation" means Representative office of Bank in the city of Bishkek;
e) "Premises of Representation" means buildings and parts of buildings used for the official purposes of Representation, together with the parcel of land, adjacent to this building or part of the building, belonging to Bank on the property right, property hiring or free use;
e) "Members of council of Bank" means plenipotentiaries of members of Bank in Council of the bank and their deputies appointed according to Item 2 of article 13 of the Charter;
g) "Officials of Bank" means the Chairman of the board of Bank, Vice chairmen of the board of Bank and board members of Bank;
h) "Bank employees" means all personnel hired by Bank for the work connected with activities of Bank according to the Charter including personnel of Representation, except for the workers employed temporarily;
i) "Members of families" means members of families of officials and bank employees and includes their spouses, children, parents, and also the relatives consisting in dependence;
j) "The private house worker" means the person which is carrying out obligations of the house worker at officials and bank employees and who is not the bank employee;
k) "Archives of Bank" means all records, correspondence, documents and other materials, including manuscripts, pictures and movies, sound records, computer programs and written materials, video tapes and disks, and also the disks or films containing data which belong to Bank and Representation or which are owned by Bank or someone from bank name;
l) "Meetings of Bank" means meetings of Bank, including any international conferences or meetings convened by Bank and any commission, committee or subgroup of any such meeting;
m) "The property and assets of Bank" means all property and assets, including the vehicles belonging to Bank on the property right, property hiring or free use, including given to Representation.
The bank is the international organization - the subject of international law, has the international legal capacity and has the right, in particular, to sign the international agreements within the competence.
The bank has the rights of the legal entity in the territory of the Kyrgyz Republic and, in particular, is competent:
a) make any transactions which are not contradicting the Charter;
b) lease, acquire and alienate personal and real estate, and also to dispose otherwise of the specified property;
c) act in judicial and arbitral authorities, including reference tribunals.
In the territory of the Kyrgyz Republic behind Bank the same procedural law for protection of the interests which are assigned by the legislation of the Kyrgyz Republic to legal entities is recognized;
d) make other actions directed to accomplishment of the tasks assigned to Bank according to the Charter.
Activities of Bank in the territory of the Kyrgyz Republic are determined by applicable international treaties, the Agreement on organization of Bank, the Charter of Bank and this agreement, and also agreements with National Bank of the Kyrgyz Republic and other authorized bodies of the Kyrgyz Republic, and in case of their absence, or in the part which is not settled by the specified documents - the legislation of the Kyrgyz Republic.
The provisions of the legislation of the Kyrgyz Republic establishing procedure for creation, licensing, regulation and termination of organization activity do not extend to Bank.
If according to the legislation of the Kyrgyz Republic the types of activity or transactions performed by Bank and transactions require availability of the status of bank, the Bank in relation to such types of activity or transactions and transactions will be considered as having the status of bank.
The bank has the right to establish (to create) subsidiary banks, branches and representations, to participate in the authorized capital of banks, non-bank financial credit institutions in the territory of the Kyrgyz Republic according to the procedure established by the Charter of Bank and according to the legislation of the Kyrgyz Republic.
1. Bank, property of Bank, archives, where and in whose the order they were, use immunity from any form of judicial intervention, except as specified, of stipulated in Item 1 article 31 of the Charter, and cases when the Bank itself definitely refuses immunity in any separate case. No refusal of immunity, however, extends to the judicial and executive measures taken based on the passed final judgment.
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