Memorandum of understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America on Providing a Land Plot to the Government of the United States of America for the Construction of New Diplomatic Mission Facilities of the United States of America (Almaty, October 3, 2002)

MEMORANDUM OF UNDERSTANDING
between the Government of the Republic of Kazakhstan and the Government
of the United States of America on Providing a Land Plot to the
Government of the United States of America for the Construction of New
Diplomatic Mission Facilities of the United States of America
(Almaty, October 3, 2002)

Article 1

In consideration of the right granted by the Government of the United States to the Republic of Kazakhstan to purchase the property in Washington DC, located at 1401 16th Street N.W., for its Chancery, the Government of the Republic of Kazakhstan leases to the Government of the United States of America a land plot of the area of 8.614 hectares located at Manas Street (nearby the Ak-Bulak-4 microdistrict) in Astana for a period of 49 years, with the option to renew the lease, at no additional cost, for at least three subsequent additional 49-year periods, for the construction of buildings for the United States of America diplomatic mission on the condition that the United States pays a one-time payment in the amount of three hundred thousand US Dollars (US $300,000).

Article 2

Should the legislation of the Government of the Republic of Kazakhstan be amended to the effect that foreign governments are granted the right to purchase land with the right of ownership, the Government of Kazakhstan by virtue of the present Memorandum gives the United States Government the right to re-register the leasehold right into the right of ownership, at no additional cost, as reciprocity for the acquisition of 1401 16th St., NW for the diplomatic mission of the Republic of Kazakhstan in Washington, DC.

Article 3

Subject to the prior approval of the Ministry of Foreign Affairs of the Government of Kazakhstan and the United States' Department of State, Office of Foreign Missions, each party guarantees the other the right to possess and transfer property and the right to possess the buildings, and land plots occupied by its diplomatic mission in the host state remain.

Article 4

The Government of the United States of America will respect the legislation of the Government of the Republic of Kazakhstan governing urban development and architectural affairs.

Article 5

The leased land plot referred to in Article 1 of this Memorandum of Understanding must be provided free from any debts, encumbrances and rights of third parties.

Article 6