On approval of the Agreement between the Republic of Kazakhstan and the Russian Federation on Military-technical Cooperation
Decree of the President of the Republic of Kazakhstan dated February 17, 2015 No. 1002
In accordance with Article 15 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I DECREE: 1. Approve The Agreement between the Republic of Kazakhstan and the Russian Federation on military-technical cooperation, signed in Moscow on December 24, 2013. 2. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan N. NAZARBAYEV
To be published in the republican press
Agreement between the Republic of Kazakhstan and the Russian Federation on military-technical cooperation
Entered into force on March 16, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 2, Article 21
The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, striving for mutually beneficial cooperation based on mutual respect, trust and consideration of the interests of the Parties, creating a long-term planning system for equipping the armed forces, other troops, military formations, law enforcement agencies and special services with promising weapons and military equipment The Parties and ensuring their combat capability, supporting the scientific, technical and production-technological potentials of the Parties in the field of creation, production, repair, modernization, maintenance and disposal of military products in the interests of the armed forces, other troops, military formations, law enforcement agencies and special agencies (services) The Parties, proceeding from the need to strengthen the defense capabilities of the Parties, agreed on the following:
Article 1
The objectives of this Agreement are the implementation and development of mutually beneficial cooperation in the military-technical field based on the principle of equality of the Parties.
Article 2
Within the framework of this Agreement, the Parties shall carry out military-technical cooperation in the following areas: mutual supplies of military products, which include weapons, military equipment, works, services, intellectual property results, including exclusive rights to them (intellectual property), and information in the military-technical field, design, regulatory, technical, technological, operational documentation, as well as any other products required by law, regulatory legal acts of the Parties to military products; carrying out maintenance and repair of weapons and military equipment; establishment of joint ventures, joint ventures for the development, production, repair, modernization and disposal of military products by agreement of the authorized bodies of the Parties in accordance with the legislation of the Parties; carrying out research and development work, including joint efforts in the interests of improving weapons and military equipment.; cooperation in the field of standardization and unification of weapons and military equipment, metrological support of the armed forces, other troops, military formations, law enforcement agencies and special agencies (services) Parties; training and education of military and military-technical personnel; holding exhibitions of weapons and military equipment; conducting joint tests of samples of weapons and military equipment; other areas of military-technical cooperation, in respect of which agreements will be reached between the Parties.
Article 3
The implementation of this Agreement is carried out in the following forms: conclusion of international agreements; development of programs in the field of military-technical cooperation; conclusion of contracts between authorized bodies and (or) authorized organizations of the Parties in accordance with the legislation of the Parties; holding consultations, inviting specialists on specific issues of military-technical cooperation, exchange of experience and information.
Article 4
The authorized bodies of the Parties for the implementation of this Agreement are: from the Kazakh Side - the Ministry of Defense of the Republic of Kazakhstan; from the Russian Side - the Federal Service for Military-Technical Cooperation of Russia. In the event of a change in the name or functions of the authorized bodies, the Parties shall immediately notify each other through diplomatic channels.
Article 5
The authorized organizations of the Parties involved in military-technical cooperation are: from the Kazakh Side, government agencies, as well as organizations authorized under the legislation of the Republic of Kazakhstan to carry out the relevant type of activity in relation to military products in the interests of the armed forces, other troops, military formations, law enforcement agencies and special agencies of the Republic of Kazakhstan.; from the Russian Side - federal executive authorities authorized to perform the functions of a state customer of a state defense order in the interests of the armed forces, other troops, military formations, law enforcement agencies and special services, and organizations of the Russian Federation authorized, in accordance with the legislation of the Russian Federation, to carry out one or more types of activities in relation to military products.
Article 6
Supplies of military products, works and services in the field of military-technical cooperation are carried out under contracts concluded by authorized bodies and (or) authorized organizations of the Parties. The import (export) of military products is carried out according to the lists approved by the authorized bodies of the Parties. The procedure for the implementation of this Agreement in the Republic of Kazakhstan and the Russian Federation is determined by the relevant regulatory legal acts of the Parties, which establish, inter alia, the procedure for the formation of lists and control over the import (export) of military products.
Article 7
The conclusion of contracts for the supply of military products, works and services in the field of military-technical cooperation is carried out by authorized bodies and (or) authorized organizations of the Parties upon receipt of notification from the authorized body of the Party on approval of the list of military products supplied by one Party to the other Party, in accordance with the form agreed by the authorized bodies of the Parties. The lists are formed and approved by the authorized body of one Party on the basis of applications from authorized organizations of this Party interested in purchasing military products. These lists are then transmitted to the authorized body of the other Party, which, within two months, reviews, based on the possibilities of making the requested supplies and, if necessary, in agreement with the interested state authorities of its Party, the list of military products supplied to the other Party, approves it and informs the authorized body of the other Party. The lists of military products contain the names of authorized organizations of the Parties concluding contracts for the supply of military products, as well as the nomenclature, volumes and planned delivery dates of military products. Extracts from the approved lists of military products are sent by the authorized bodies of the Parties to the relevant authorized organizations of the Parties in the part concerning them.
Article 8
Each of the Parties supplies military products to the other Party with the same characteristics and in the same configuration as for its own national armed forces, other troops, military formations, law enforcement agencies and special services, unless otherwise stipulated by relevant contracts, or in accordance with the characteristics and configuration agreed by the Parties. Prices are formed in accordance with the legislation of the supplier of military products (performing work, providing services) The Parties that regulate the pricing of military products when fulfilling orders in the interests of their own national armed forces, other troops, military formations, law enforcement agencies and special agencies (services).
Article 9
The procedure for mutual settlements between authorized bodies and (or) authorized organizations of the Parties is determined by the legislation of each of the Parties, while the currency of payments is determined in contracts.
Article 10
The Party that supplied military products under this Agreement has the right to monitor their availability and intended use, the procedure for which will be determined by a separate international agreement. The Party to which military products are supplied under this Agreement shall provide the Party that supplied these products with the necessary conditions for monitoring the availability and intended use of the supplied military products.
Article 11
Each of the Parties ensures the protection of the rights to the results of intellectual activity used and obtained during military-technical cooperation under this Agreement, in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on mutual Protection of the rights to the results of intellectual activity used and obtained during bilateral military-technical cooperation, dated January 18. In 2005.
Article 12
Information obtained as a result of cooperation under this Agreement may not be used to the detriment of the interests of either Party. When cooperating under this Agreement, the transfer and protection of information constituting state secrets of the Republic of Kazakhstan and (or) state secrets of the Russian Federation shall be carried out in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Mutual Protection of Classified Information dated July 7, 2004. The conclusion of contracts and the supply of military products containing information constituting state secrets of the Republic of Kazakhstan and (or) state secrets of the Russian Federation are carried out in accordance with the legislation of each of the Parties. The Parties undertake not to transfer to a third party information on military-technical cooperation obtained or acquired under this Agreement without the prior written consent of the other Party. When carrying out joint work, the Parties may transmit official information of limited distribution. The media of such information is marked "For official use". A Party that has received official information of limited distribution ensures its protection and treatment in accordance with its legislation. The facts of the transfer of official information of limited distribution between the Parties are documented. Information about the need to keep secret the fact of cooperation between the Parties on specific contracts or other information about cooperation is communicated in advance by one Party to the other Party and (or) stipulated in the contracts concluded under this Agreement. The admission of representatives of the Parties to military facilities or enterprises of the military-industrial complex is carried out in accordance with the procedure established by the legislation of the Parties.
Article 13
Quality control and acceptance of military products supplied under this Agreement are carried out in accordance with the legislation of the Parties.
Article 14
Neither Party sells or transfers to a third party, including international organizations and foreign legal entities and individuals, military products obtained under this Agreement, without the prior written permission of the Party supplying military products.
Article 15
This Agreement does not affect the rights and obligations of the Parties under other international agreements to which they are parties.
Article 16
The Parties shall independently bear the costs associated with the implementation of this Agreement, unless otherwise agreed by the Parties in each specific case.
Article 17
By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols.
Article 18
In case of disputes and disagreements in the interpretation or application of this Agreement, the Parties will resolve them through consultations and negotiations.
Article 19
This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. This Agreement is concluded for a period of five years and is automatically extended for subsequent five-year periods, unless either Party notifies the other Party in writing at least six months before the end of the relevant period of its intention to terminate this Agreement. Termination of this Agreement does not affect the performance of contracts concluded by authorized bodies and (or) authorized organizations under this Agreement during its validity period. In the event of termination of this Agreement, the obligations provided for in Articles 10, 11, 12 and 14 of this Agreement shall remain in force unless the Parties agree otherwise. The Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on military-technical cooperation dated March 28, 1994, shall expire on the date of entry into force of this Treaty.
Done in Moscow on December 24, 2013, in two copies, each in the Kazakh and Russian languages, all texts being equally authentic.
FOR THE REPUBLIC OF KAZAKHSTAN
FOR THE RUSSIAN FEDERATION
President
Republic of Kazakhstan
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