of June 26, 2015
About conditions of stay of the Russian-Kyrgyz Fund of development in the territory of the Kyrgyz Republic
The government of the Kyrgyz Republic and the Russian-Kyrgyz Fund of development which further are referred to as with the Parties
being guided by article 6 of the Agreement between the Government of the Kyrgyz Republic and the Government of the Russian Federation about the Russian-Kyrgyz Fonda of development of November 24, 2014,
for the purpose of creating favorable conditions for activities of the Russian-Kyrgyz Fund of development (further - Fund) in the territory of the Kyrgyz Republic, and also determination of the status, privileges and immunities of officials and the staff of Fund in the Kyrgyz Republic,
agreed as follows:
Activities, legal status, legal capacity, immunities and privileges, tax benefits of Fund are determined by the Agreement between the Government of the Kyrgyz Republic and the Government of the Russian Federation on the Russian-Kyrgyz Fonda of development of November 24, 2014 (further - the Agreement of November 24, 2014) and the Charter of the Russian-Kyrgyz Fund of development (further - the Charter).
For the purposes of this agreement the stated below terms have the following value:
"Fund" - the Russian-Kyrgyz Fund of development;
"premises of Fund" - all rooms, buildings or parts of buildings used for implementation of the functions by Fund and belonging to it on the property right, property hiring or free use;
"property and assets of Fund" - all property, including money and other assets, and also archives belonging to Fund in connection with implementation of the official activities by it on the property right, property hiring or free use;
"archives of Fund" - all records, correspondence, documents and other materials, including pictures and videos, sound records, computer programs, and also the disks or films containing data which belong to Fund;
"members of council of Fund" - plenipotentiaries of the Parties of Fund in Council of Fund, including the Chairman of the board of Fund and his deputy, appointed according to Item 2 of Article 8 of the Charter;
"officials of Fund" - board members of Fund, including the Chairman of the board and his deputy, appointed according to the Agreement of November 24, 2014 and the Fund charter;
"staff of Fund" - the personnel hired by Fund and holding established posts for performance of work, connected with activities of Fund in the territory of the Kyrgyz Republic;
"employees of Fund" - the technicians hired by Fund which are carrying out obligations on servicing of activities of Fund including from among citizens of the Kyrgyz Republic;
"members of families" - the spouse (spouse) and minor children.
Premises of Fund are inviolable. Representatives of state bodies of the Kyrgyz Republic can enter premises of Fund for accomplishment of the functions assigned to them only with the consent of the Chairman of the board of the Fund or person replacing it. Any person which entered premises of Fund from consent immediately leaves these rooms at the request of the Chairman of the board of the fund or person replacing it.
Premises of Fund cannot serve as shelter for persons pursued under the law of any state or subjects to issue.
Immunity of premises of Fund does not grant the right to use them for the purpose of, incompatible with its functions or causing damage to safety, interests of physical persons or legal entities of the Kyrgyz Republic.
Authorized state bodies of the Kyrgyz Republic provide accreditation and registration of the corresponding accreditation cards to the officials and the staff of Fund and members of their families who are not citizens of the Kyrgyz Republic or not living in it is permanent.
The officials, staff of Fund and members of their families living together with them in the Kyrgyz Republic:
a) are exempted from the taxation of the salary and other remunerations paid by Fund;
b) are exempted from all obligatory state duties;
c) are exempted from restrictions on immigration and from registration as foreigners;
d) are exempted from payment of customs duties, taxes and charges connected with it for the objects and other property intended for initial acquisition and private use, except for charges for transportation, storage, customs clearance out of the places determined for this purpose or out of working hours of the relevant customs authority and service of this sort. Use of the mentioned objects and property in other purposes, including sale, transfer to use, attract customs payment and accomplishment of other requirements according to the legislation of the Kyrgyz Republic;
e) use the same privileges on repatriation what diplomatic representatives use during the international crises.
The Items "and", "b", "v", "g", "d" do not extend to the officials, the staff of Fund and members of their families who are citizens of the Kyrgyz Republic or is permanent living in it, and also employees of Fund.
The officials and staff of Fund who are citizens of the Kyrgyz Republic are exempted from execution of compulsory military service if at the request of Fund the relevant competent authorities of the Kyrgyz Republic will grant to the mentioned persons necessary temporary delay.
The officials and staff of Fund who are not citizens of the Kyrgyz Republic use the privileges, immunities, withdrawals and privileges provided in the Kyrgyz Republic to diplomatic representatives of the corresponding rank according to international law and the practice operating in the Kyrgyz Republic.
The fund informs the Ministry of Foreign Affairs of the Kyrgyz Republic on officials and the staff of Fund, and also other persons to whom provisions of this Article, for the purpose of provision to such persons of privileges and immunities according to this agreement are applied.
Officials, staff of Fund and members of their families shall observe requirements, stipulated by the legislation the Kyrgyz Republic concerning compensation of damage which can be caused to health and property of the third parties in connection with use of any vehicle.
Officials, staff of Fund (except for citizens of the Kyrgyz Republic) are not subject to jurisdiction of the Kyrgyz Republic concerning the actions made in case of direct accomplishment of office functions by them except presentation cases:
a) claims for compensation of damage in connection with the road accident caused by the vehicle belonging to Fund, the official or the employee, or which was controlled it;
b) claims in connection with death or the bodily harm caused by action from the official or the employee.
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