On approval of the Convention on the Establishment and Status of International Scientific Research Centers and Scientific Organizations

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Decree of the President of the Republic of Kazakhstan dated August 25, 1999 No. 191

In order to further develop mutually beneficial and equitable multilateral scientific and technical cooperation within the framework of the Commonwealth of Independent States, I hereby decree:

1. To approve the Convention on the Establishment and Status of International Scientific Research Centers and Scientific Organizations, signed in Moscow on November 25, 1998.

2. This Decree comes into force from the date of signing.

President of the Republic of Kazakhstan

Convention on the Establishment and Status of International Scientific Research Centers and Scientific Organizations

The States Parties to this Convention, represented by their Governments (hereinafter referred to as the Parties),

Recognizing the need to combine and concentrate efforts in conducting research in priority areas of scientific and technical cooperation,

in order to form the legal basis for the establishment and functioning of international research centers and scientific organizations,

acting in accordance with international practice, relevant international documents, recommendations of the United Nations, UNESCO, ILO and the Agreement on the Creation of a Common Scientific and Technological Space of the Member States of the Commonwealth of Independent States of November 3, 1995,

have agreed on the following:

Article 1

Definitions

For the purposes of this Convention, the following terms have the following meanings::

The International Scientific Research Center (hereinafter referred to as the Center) is an intergovernmental organization that geographically and organizationally unites scientists and specialists from the member States of the Center to conduct research on specific scientific and technical problems of mutual interest to the member States of the Center, and operates on the basis of an intergovernmental agreement on the establishment of the Center (hereinafter referred to as the Agreement), and also its Charter;

An international scientific organization (hereinafter referred to as the Organization) is an intergovernmental organization established to implement a coordinated scientific and technical policy and coordinate the activities of national scientific organizations of these States in certain priority areas of scientific and technical cooperation of mutual interest to the Organization's member States, and operating on the basis of an intergovernmental agreement on the establishment of the Organization (hereinafter referred to as the Agreement), as well as its Charter;

A scientific and technical problem is a set of theoretical and/or practical tasks that require targeted research and development to ensure the acquisition of knowledge for the practical implementation of qualitatively new scientific ideas and the creation of samples of competitive equipment, technologies and materials.;

Priority areas of scientific and technical cooperation are thematic areas of scientific research and development that provide the main contribution to scientific and technological development and the achievement of current and long-term mutually beneficial socio-economic development goals for the Parties.;

location state - the State in which the Center (Organization) is located;

A member State of the Center (Organization) is a State party to the Agreement that fulfills all obligations assumed in accordance with this Agreement and the charter of the Center (Organization).;

An associate member of the Center (Organization) is a State that is not a member of the Center (Organization), participates in the development and management of individual projects, provides their financing, as well as logistical and personnel support. The rights and obligations of an associate member of the Center (Organization) are established in an agreement concluded between him and the Center (Organization);

An observer is a representative of a State that is not a member of the Center (Organization), participating in the work of its bodies, as well as in meetings and conferences convened by it.;

An authorized representative is a representative of a member State of the Center (Organization) appointed by the member State of the Center (Organization) to the supreme body of the Center (Organization), who has the appropriate powers and acts on behalf of his state.;

officials are full-time employees of the Center (Organization), with the exception of technical and maintenance personnel.

Article 2

Legal status of the Center (Organization)

The Center (Organization) is an international intergovernmental organization, has an international legal personality determined by this Convention, the Agreement and other international treaties concluded in their development, its Charter, and enjoys the rights of a legal entity in the territories of the member States of the Center (Organization) in accordance with their national legislation.

Article 3

Main functions of the Center

The main functions of the Center are:

1. Defining the main directions of scientific research, design and technological work on specific scientific and technical problems of mutual interest to the member States of the Center, and ensuring their implementation in the form of scientific and technical programs and projects.

2. The Center performs scientific research, design and technological work, as well as the organization of their performance by other organizations on a contractual basis.

3. The use of unique scientific instruments and equipment, as well as scientific facilities.

4. Information support for the work carried out by the Center, organization of interstate exchange of scientific and technical information, including advertising of completed developments.

5. Organization, if the member States of the Center are interested, of standardization and certification of industrial products developed and manufactured in these states and corresponding to the main directions of scientific and technical activities of the Center.

6. Preparation of proposals for the organization of specialization and cooperation of production to meet the needs of the market of the Parties and to enter the world market.

7. Training, retraining and advanced training of scientists and specialists.

8. Organization of the exchange of scientists and specialists from the member States of the Center.

9. Implementation of international scientific and technical cooperation related to the activities of the Center.

10. Organization and holding of international symposiums, conferences, seminars.

Article 4

The main functions of the Organization

The main functions of the Organization are:

1. Development of a coordinated scientific and technical policy within the framework of the priority area of scientific and technical cooperation for the Member States of the Organization, defined in the Agreement, and its implementation by combining the scientific and technical potentials, financial and material resources of the Member States of the Organization.

2. Defining the main directions of joint research activities.

3. Development of scientific research programs based on a set of scientific and technical projects carried out through joint and/or coordinated research, design and technological work.

4. Carrying out coordinated measures to develop the national scientific potential of the Member States of the Organization.

5. Promoting the effective use of unique scientific facilities, instruments and equipment available in the Organization's Member States.

6. Facilitating the exchange of scientific and technical information, scientists and specialists from the Member States of the Organization.

7. Implementation of international scientific cooperation related to the Organization's activities.

8. Organization and holding of international symposia, conferences, seminars.

Article 5

Basic rights of the Center (Organization)

In order to perform the functions assigned to the Center (Organization), the Parties grant him/her the right:

1. To form and approve the programs of its research and organizational activities and its budget.

2. Establish and implement direct official and working relations with government agencies, scientific, industrial and other organizations of the member States of the Center (Organization) and other States.

3. To conclude on its own behalf, within the limits of its competence, agreements with States and international organizations, as well as with state and other bodies, legal entities and individuals of the Parties and other States.

4. Establish and develop international relations.

5. To carry out a direct transfer of funds to its foreign counterparties performing joint and contract-ordered work, in accordance with the procedure established in the country of location.

6. To acquire property and non-property rights; to exercise exclusive rights to the results of intellectual activity (intellectual property); to own, use and dispose of one's immovable and movable property; to act as a plaintiff and defendant in courts.

7. Open bank accounts in any currency.

8. To carry out the exchange of scientific, technical and economic information between the member States of the Center (Organization).

9. To carry out the exchange of scientists and specialists between the member States of the Center (Organization).

10. To issue and distribute in the territories of the member States of the Center (Organization), in accordance with the applicable laws of these States, their official printed publications, the publication of which is provided for by the founding documents of the Center (Organization) or decisions of its supreme body.

11. Conduct training, retraining and advanced training of scientists and specialists in scientific and scientific-technical areas of mutual interest to the member States of the Center (Organization).

12. To create branches and representative offices of the Center (Organization), and Organizations - scientific centers.

Article 6

Creation of a Center (Organization)

1. The Center (Organization) is established by the interested States by concluding an Agreement.

2. The proposal to establish the Center (Organization) is being prepared on the initiative of interested States by the Interstate Committee for Scientific and Technological Development (hereinafter - MC NTR). The draft Agreement, the Charter of the Center (Organization) and other necessary documents are submitted by MK NTR to the Interstate Economic Committee of the Economic Union for consideration and submission to the Council of Heads of Government of the CIS.

3. The Agreement and the Charter of the Center (Organization) define the goals of the creation of the Center (Organization); its tasks and functions; legal status; main directions of research, design and technological work; conditions and procedure for financing its activities; conditions of scientific and economic activity; organs of the Center (Organization); privileges, privileges and immunities granted to the Center (Organization), authorized representatives and officials; property and non-property rights of the Center (Organization); decision-making procedure; the procedure for the liquidation of the Center (Organization), as well as other issues necessary for the successful functioning of the Center (Organization).

The Agreement is subject to registration with the United Nations Secretariat.

4. The Center is established, as a rule, on the basis of national scientific centers (or their divisions), which occupy leading positions in world science and/or have a unique fleet of instruments and equipment.

5. The Center (Organization) carries out its activities in accordance with this Convention, the Agreement, other international treaties concluded in their development, and the Charter.

6. The Center (Organization) concludes an agreement with the State of location on the conditions of his (her) stay.

Article 7

Financing

1. The activities of the Center (Organization) are financed from the sources provided for by the Agreement and its Charter.

Financing can be provided by:

shared and one-time targeted contributions from the Member States of the Center (Organization);

income from the sale of exclusive rights (intellectual property) belonging to him (her);

voluntary contributions and donations from States, legal entities and individuals;

other sources stipulated by the Agreement and the Charter of the Center (Organization).

2. The property created or acquired by the Center (Organization) during its (its) activity is in its (her) ownership.

3. When the Center (Organization) is liquidated, each State has the right to its share of funds and property.

Article 8

Ownership of research results

1. The Center (Organization) has the exclusive right to the results of research carried out by him (her) independently, as well as conducted by his (her) order, unless otherwise provided in the agreements (contracts) for their implementation.

2. The Member States of the Center (Organization) have the right to non-commercial use of the results of his (her) research, development, design and technological work.

Article 9

Benefits, privileges and immunities

1. The Parties shall grant the Center (Organization), authorized representatives, and officials the privileges, privileges, and immunities necessary to ensure the activities of the Center (Organization) in accordance with its status and statutory objectives. Specific benefits, privileges and immunities are determined by the agreement of the Center (Organization) with the State of location on the conditions of his (her) stay.

At the same time, benefits, privileges and immunities in the territory of the State where the Center (Organization) is located apply to persons who are not citizens (or do not permanently reside in the territory) of the State where they are located.

2. Privileges and immunities are granted to the Center (Organization), authorized representatives and officials not for the personal benefit of individuals, but to ensure the effective and independent performance of their functions related to the work of the Center (Organization).

Article 10

The highest body of the Center (Organization)

1. The supreme body is:

The Center is the Council of Authorized Representatives of the Member States of the Center;

The Organization is a Committee of Authorized Representatives of the Member States of the Organization.

Authorized representatives are appointed at the signing of the Agreement.

Authorized representatives of the associated members of the Center (Organization), as well as observers, may participate in the work of the supreme body.

2. The Supreme Body approves the budget of the Center (Organization) and the report on its execution; forms the executive, scientific, advisory and financial control bodies of the Center (Organization).

3. The Supreme Body approves the program of scientific research and organizational activities of the Center (Organization).

4. Decisions of the supreme body are binding on all organizations involved in the activities of the Center (Organization).

Article 11

Final provisions

1. This Convention does not affect the provisions of other international treaties to which the Parties are Parties.

2. This Convention shall enter into force on the date of deposit with the depositary of the third notification that the Signatories have completed all the internal procedures necessary for its entry into force.

For the Parties that have completed the necessary procedures later, it shall enter into force from the date of their deposit of the relevant notifications with the depositary.

3. This Convention may be amended and supplemented with the general consent of the Parties. Changes and additions are formalized in separate protocols.

4. Disputes related to the application or interpretation of this Convention shall be resolved through consultations and negotiations between the Parties concerned.

If it is impossible to resolve disputes through negotiations, the Parties apply to the Economic Court of the Commonwealth of Independent States or other international judicial authorities.

5. This Convention shall be in force for a period of 5 years from the date of its entry into force. After this period, the Convention is automatically extended each time for a period of 5 years, unless the Parties decide otherwise.

6. Each Party may withdraw from this Convention by sending a written notification to the depositary no later than 6 months prior to withdrawal.

7. This Convention is open for accession by other States sharing its objectives and principles by submitting instruments of such accession to the depositary.

Done in Moscow on November 25, 1998, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Convention.

For the Government For the Government of the Republic of Armenia Of the Kyrgyz Republic

For the Government For the Government of the Republic of Belarus of the Republic of Moldova

For the Government For the Government of Georgia Of the Russian Federation

For the Government For the Government of the Republic of Kazakhstan of the Republic of Tajikistan

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The Convention has not been signed by the Republic of Azerbaijan, Turkmenistan, the Republic of Uzbekistan, or Ukraine.

President

Republic of Kazakhstan

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