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THE PROTOCOL BETWEEN THE GOVERNMENT OF THE KYRGYZ REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 26, 2016

About procedure for assistance and control of its use

(as amended on on March 17, 2017)

The government of the Kyrgyz Republic and the Government of the Republic of Kazakhstan which further are referred to as with the Parties

recognizing importance of execution of decisions of the Supreme Eurasian economic council at the level of heads of states of May 29, 2014 as No. 74 "About the actions plan ("road map") on accession of the Kyrgyz Republic to the Customs union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation" and of October 10, 2014 No. 75 "About the actions plan ("road map") on accession of the Kyrgyz Republic to common economic space of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation taking into account forming of the Eurasian Economic Union",

for the purpose of implementation of the Agreement between the Government of the Kyrgyz Republic and the Government of the Republic of Kazakhstan about development of economic cooperation in the conditions of Eurasian economic integration (further - the Agreement),

agreed as follows:

Article 1.

The this Protocol of the Party according to article 3 of the Agreement determine procedure for assistance to the Kyrgyz side, and also control of its use.

Article 2.

1. Realization of the this Protocol is assigned to authorized bodies of the Parties.

The authorized body responsible for action of technical assistance, - the state body or the organization authorized by the Parties for review of actions of technical assistance.

Authorized body according to the protocol on technical assistance - the state body or the organization authorized by the Parties according to the protocol on technical assistance to transfer, receive and use help transferred and (or) given in process of cooperation of the Parties.

2. Exchange of information between the Parties on process of control and results of the fulfilled obligations within the Agreement and protocols to it is assigned on:

from the Kyrgyz side - the authorized body performing coordination of activities of state bodies within Eurasian integration;

from the Kazakhstan side - the Ministry of Foreign Affairs of the Republic of Kazakhstan.

Article 3.

Help is given according to provisions of the Agreement and is provided step by step based on protocols on technical assistance from the effective date of the Agreement, the this Protocol and the relevant protocol on technical assistance.

If necessary the authorized body of the Republic of Kazakhstan determines by budget implementation procedure for financing of the actions provided in Article 4 this Protocols and interactions of authorized bodies of the Republic of Kazakhstan.

Article 4.

According to article 2 of the Agreement the help can be provided to the Kyrgyz side in the way:

1) money transfers on acquisition of the equipment, goods and services, construction;

2) transfers

3) renderings of services on training.

Article 5.

The help for purchase of goods, the equipment, services and construction, according to appendices to protocols on technical assistance, specified in the subitem 1) of Article 4 this Protocols, is provided to the Kyrgyz side in cash.

Article 6.

1. This help is provided in the following procedure:

The authorized body of the Kyrgyz Republic performing coordination of activities of state bodies within Eurasian integration provides 1) for the purpose of the conclusion of protocols on technical assistance for acquired goods, the equipment, services and construction: the list of actions of technical assistance and the conclusion about availability of the technical specification, price offers, the specification, the feasibility statement, the conclusion of state examination on the design estimates according to the legislation of the Kyrgyz Republic in authorized body of the Republic of Kazakhstan on budget implementation;

2) the authorized body of the Kazakhstan side responsible for actions of technical assistance, after the receipt of the list of actions of technical assistance and the necessary conclusion specified in the subitem 1) of Item 1 of this Article in case of consent, notifies the Kyrgyz side on readiness of allocation of money;

3) based on the created list of actions of technical assistance of the Party are developed and sign the protocol on technical assistance;

4) the Kyrgyz side on behalf of the authorized body specified in Item 2 of Article 2 this Protocols no later than 10 working days from the date of entry into force of the protocol on technical assistance brings bank details for transfer of cash amounts to the authorized body of the Kazakhstan side specified in Item 2 of Article 2 this Protocols;

5) money transfer is made in US dollars into the account of the Kyrgyz side according to the provided bank details in the amount of 100 (hundred) percent from the amount of the means provided by actions of the relevant protocol on technical assistance;

6) after cash receipt into the account of the Kyrgyz side the authorized body of the Kyrgyz side responsible for action according to protocols on technical assistance, conducts procurement of goods, the equipment and services according to the legislation of the Kyrgyz Republic. The authorized body of the Kyrgyz side responsible for action according to the protocol on technical assistance, notifies on the conclusion of the relevant contract the authorized body of the Kazakhstan side responsible for action according to the protocol on technical assistance, with appendix of its copy.

The saved funds following the results of carrying out purchases are accumulated on the corresponding settlement account of the Central Treasury of the Ministry of Finance of the Kyrgyz Republic on which further order happens as agreed by the parties.

2. The Kyrgyz side bears responsibility for completeness and reliability of the submitted documentation provided by this Article.

3. The Kyrgyz side performs selection of the prime contractor on construction of facilities which, in turn, performs construction according to the legislation of the Kyrgyz Republic.

4. The Kazakhstan side does not bear responsibility for obligations of the Kyrgyz side, the prime contractor and subcontractors.

Article 7.

1. The help in form of transfer of new goods and/or the equipment, according to appendices to protocols on technical assistance, specified in the subitem 2) of Article 4 this Protocols, is performed within 30 days from the effective date of the Agreement, the this Protocol and the relevant protocol on technical assistance.

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