of September 19, 1996 No. 1144
About acquisition and lease of real estate objects, capital construction and repair of buildings and constructions of organizations of the Ministry of Foreign Affairs of the Republic of Kazakhstan abroad
For the purpose of regulation of process of acquisition and lease of real estate objects, capital construction and repair of buildings and constructions of the Kazakhstan Embassies and representations abroad the Government of the Republic of Kazakhstan decides:
1. Approve the enclosed Regulations on procedure for acquisition, long-term lease of real estate, capital construction of buildings and constructions and carrying out their routine maintenance and overhaul repairs by foreign institutions of the Ministry of Foreign Affairs of the Republic of Kazakhstan.
2. Accept the offer of the Ministry of Foreign Affairs of the Republic of Kazakhstan on annual planning of assignments in the republican budget for acquisition and construction of facilities of the real estate abroad.
3. To the state committee of the Republic of Kazakhstan on management of state-owned property to determine order of registration and the accounting of cost of the parcels of land, buildings and constructions which are abroad and belonging to the Republic of Kazakhstan.
Republic of Kazakhstan
Approved by the order of the Government of the Republic of Kazakhstan of September 19, 1996 No. 1144
This Provision provides procedure for acquisition, long-term lease of the parcels of land, office residential buildings and constructions, capital construction of buildings and constructions abroad, carrying out routine maintenance and overhaul repairs and reconstruction of buildings for foreign institutions of the Ministry of Foreign Affairs of the Republic of Kazakhstan.
1. Procedure for preparation of offers on acquisition or real estate lease and conclusions of the relevant agreements
1. Foreign institutions of the Ministry of Foreign Affairs of the Republic of Kazakhstan can acquire real estate (buildings, the parcels of land, etc.) or to perform capital construction of buildings and constructions on the redeemed or leased parcels of land from the government authorization of the Republic of Kazakhstan.
Lease of the parcels of land, buildings and constructions is made in coordination with the Ministry of Foreign Affairs of the Republic of Kazakhstan and within the overall appropriations for lease provided in expense budget on content of diplomatic representations of the republic.
2. Development of offers on purchase or long-term lease of the parcels of land, buildings, about construction (reconstruction) of own buildings is made by foreign institutions by detailed studying of economic feasibility, the local legislation on the matter, and also all others financial and specifications taking into account which transactions of this sort or construction in adoptive state are usually performed.
3. After matching of options of necessary property the foreign institution represents to the Ministry of Foreign Affairs of the Republic of Kazakhstan detailed reasons for the offer from the political, financial and economic and technical points of view, and also taking into account above-mentioned conditions and the attitude towards him from the government of adoptive state. The offers represented by foreign institutions to the Ministry of Foreign Affairs of the Republic of Kazakhstan shall contain the following materials and data:
the tourist map of the city with designation on it of ownership, the situational plan of the site with the description of purpose of the buildings adjoining it, constructions and the taking place communications; official address of the real estate;
the area of the parcel of land including which is built up and occupied with plantings. Possibility of demolition of structures and cutting down of plantings. Description of nature of the site, its improvement, relief, flooding, etc. Fencing availability on perimeter, its material and the sizes. Photos of the site and buildings;
availability in the neighbourhood of restaurants, hotels, institutions and other objects, adverse for work of foreign institutions of the Ministry of Foreign Affairs of the Republic of Kazakhstan, lines of high-voltage transfers, and also TV and radio sets in 2-kilometer zone;
possibility of construction further buildings on the free square, superstructures or extensions to the existing building;
technical condition of buildings and constructions, year of construction and of what materials are constructed; condition of communications (water supply system, sewerage, heating, electric utility service, etc.); total area and number of storeys of each building, cellar availability, floor-by-floor plans with indication of the sizes of all rooms, cuts, facades;
whether demolition of the building or withdrawal of the parcel of land (speak rapidly it) in connection with the available plans or offers on reconstruction of the city, expansion of roads, laying of routes, etc. is planned further;
as it is supposed to use each room;
who possesses the real estate and on whom it is registered (the complete name of the owner and other data characterizing it what legal real estate documents it has);
whether the real estate from debts, pledges, servitudes and other encumbrances (purity of title) is free - it is checked according to the statement from cadastral books;
the written consent of the Ministry of Foreign Affairs of adoptive state to sale of the this real estate in property of the Republic of Kazakhstan and on release it from taxes; what expenses on execution of the transaction can be assigned on local practice to foreign institution as buyer;
whether will be required also what help of the local lawyer or representative of the Ministry of Foreign Affairs of the Republic of Kazakhstan to preparation of the transaction for the conclusion;
the written proposal of the seller or lessee with statement of the main terms of agreement (the cost, payment due dates and in what currency, lease term when the real estate can be transferred to the complete order of foreign institution, insurance of the real estate, etc.) with clause about lack of claims at them if the transaction will not take place;
possible source and financing terms of transaction on real estate acquisition (long-term loan, target budget financing, leasing, etc.); approximate expenses on adaptation (reconstruction) of the building for needs of foreign institution (safety, acquisition of stock, the equipment, etc.).
4. For the purpose of determination of the most acceptable option of acquisition or real estate lease specialists of the Ministry of Foreign Affairs of the Republic of Kazakhstan or other central executive bodies can be into place directed.
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