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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 10, 2014 No. 263-V ZRK

About official aid to development

This Law governs the legal relations connected with rendering official aid to development to the states cooperating with the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the partner donor - the foreign state, the international organization, foreign public organization and (or) fund participating in project implementation of official aid to development together with the Republic of Kazakhstan;

2) the partner country - the state cooperating with the Republic of Kazakhstan and receiving official aid to development;

3) official aid to development - the help, it is non-paid or on preferential basis rendered by the Republic of Kazakhstan to the partner country for the purpose of assistance to social and economic development of the partner country and to growth in prosperity of her citizens;

4) the project of official aid to development - complex of the actions directed to assistance to social and economic development of the partner country and to growth in prosperity of her citizens and performed in the forms provided by this Law;

5) the operator in the field of official aid to development (further - the operator) - the legal entity created according to the decision of the Government of the Republic of Kazakhstan whose task is participation in realization of state policy of the Republic of Kazakhstan in the field of official aid to development;

6) authorized body in the field of official aid to development (further - authorized body) - the Ministry of Foreign Affairs of the Republic of Kazakhstan;

7) the external partner - state body or other organization of the partner country which are final receiver of official aid to development;

8) technical assistance - knowledge transfer, skills, scientific and technical experience, implementation or the organization of delivery of goods, performance of works and rendering services to the partner country;

9) the international grant - the free financial and (or) technical assistance provided to the partner country.

Article 2. The legislation of the Republic of Kazakhstan in the field of official aid to development

1. The legislation of the Republic of Kazakhstan in the field of official aid to development is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Purposes and tasks of official aid to development

1. Official aid to development is performed for the purpose of assistance:

1) further integration of the Republic of Kazakhstan into system of regional and international backgrounds;

2) to creation of favorable external conditions for successful strategy implementation and development programs of the Republic of Kazakhstan;

3) to strengthening of the world, regional and global security;

4) to social and economic development of the partner country and growth in prosperity of her citizens;

5) to phased transition of the partner country on priority realization of questions of environmental protection and preserving climate.

2. Tasks of official aid to development are:

1) assistance to achievement of the international purposes supported by the Republic of Kazakhstan in the field of official aid to development;

2) ensuring national security of the Republic of Kazakhstan;

3) development of political, commercial, educational, public, cultural, scientific and other connections of the Republic of Kazakhstan with the partner country;

4) assistance to development of the partner country determined taking into account national interests of the Republic of Kazakhstan and the international situation;

5) development of regional cooperation and assistance to the solution of regional problems;

6) reducing poverty;

7) assistance to the solution of questions of environmental protection and preserving climate;

8) assistance to the solution of other questions within international treaties and other obligations of the Republic of Kazakhstan in the field of official aid to development.

Article 4. Principles of official aid to development

Official aid to development is based on the following principles:

1) compliance to national interests of the Republic of Kazakhstan;

2) compliance to the legislation of the Republic of Kazakhstan, and also to rules of international law;

3) respect of sovereignty, national interests and laws of the partner country;

4) transparency and accountability of decision making process about provision and about use of official aid to development according to international standards;

5) focus on measurable results of official aid to development;

6) accounting of social and ecological effects of projects of official aid to development.

Article 5. Sectoral priorities of official aid to development

Official aid to development is aimed at the development of the following sectors of the partner country:

1) agricultural industry and food security;

2) environmental protection, including assistance to development of global and regional ecological initiatives;

3) rational use of natural resources;

4) assistance to the solution of cross-border water problems;

5) contribution to simplification of procedures of crossing of borders;

6) conflict prevention and safety;

7) fight against illegal drug trafficking and transnational organized crime, including human trafficking, illegal migration and arms trafficking;

8) science and education;

9) health care;

10) enhancement of system of public administration;

11) support of entrepreneurship and improvement of business climate;

12) development of regional and international trade, including by improvement of access of the countries which do not have outlet to the sea to transport and other infrastructure;

13) other sectors determined by the main directions of state policy of the Republic of Kazakhstan in the field of official aid to development.

Chapter 2. Regulation in the field of official aid to development

Article 6. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

Develops 1) and submits to the President of the Republic of Kazakhstan for approval the main directions of state policy of the Republic of Kazakhstan in the field of official aid to development;

2) signs the international agreements in the field of official aid to development;

3) makes the decision on creation, reorganization and liquidation of the operator;

4) performs other functions assigned to it by the Constitution, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

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