On approval of the Convention on the Formation and Status of Interstate Scientific and Technical Programs
Decree of the President of the Republic of Kazakhstan dated August 25, 1999 N 192
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 Formation and Status of Interstate Scientific and Technical Programs, 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 FORMATION AND STATUS OF INTERSTATE SCIENTIFIC AND TECHNICAL PROGRAMS
It shall be applied temporarily from the date of signature, unless it contradicts the legislation of the Parties, and shall enter into force from the date of deposit with the depositary of the third notification on the fulfillment by the signatories of the domestic 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 to the depositary.
signed: Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan
notifications have been submitted:
Republic of Belarus - deposited on June 25, 1999; Republic of Armenia - deposited on September 16, 1999;Republic of Kazakhstan - deposited on September 21, 1999; Kyrgyz Republic - deposited on June 9, 2000; Russian Federation - deposited on October 26, 2000; Republic of Tajikistan - deposited on December 1, 2000; Republic of Moldova - deposited on June 25 In 2002.
The Convention entered into force on September 21, 1999
entered into force for the States:
Republic of Belarus - September 21, 1999; Republic of Armenia - September 21, 1999;Republic of Kazakhstan - September 21, 1999;Kyrgyz Republic - June 9, 2000;Russian Federation - October 26, 2000; Republic of Tajikistan - December 1, 2000;Republic of Moldova - June 25, 2002;
temporarily applied to States:
Georgia - since November 25, 1998.
The States Parties to this Convention, represented by Governments (hereinafter referred to as the Parties), striving to use interstate scientific and technical programs as an effective means of concentrating resources and efforts to address priority tasks of scientific, technical and socio-economic development, in order to form an agreed legal framework for interaction in the process of developing and implementing interstate scientific and technical programs, acting in accordance with the Agreement on the creation of a common scientific and technological space of the States - the members of the Commonwealth of Independent States on November 3, 1995, have agreed as follows:
Article 1
Definitions
For the purposes of this Convention, the following terms have the following meanings:: "Interstate Scientific and Technical Program" (hereinafter referred to as the Program) - a set of scientific research, development and technological developments linked by resources, performers and deadlines, as well as organizational and economic measures to ensure them, carried out by the performers of the Parties and aimed at obtaining new knowledge about the basic patterns and properties of social and natural phenomena, as well as effective solutions to socio-economic problems of the Parties., including the creation of samples of products competitive on the world market for their subsequent production in order to meet national needs and expand export opportunities; "Program Participating State" means a State that has signed an intergovernmental agreement on cooperation in the implementation of the Program (hereinafter referred to as the Cooperation Agreement) and has ensured the fulfillment of its obligations to implement it with the necessary financial and other resources, the volumes of which are determined within the framework of this Program; "state customer" is the executive authority (or other authorized organization) of the state participating in the Program responsible for the fulfillment by this state of the obligations assumed by it in accordance with the Cooperation Agreement and the organization of work on the implementation of the Program in its state.; "coordinator" - one of the government customers, which ensures, by mutual agreement, their operational interaction during the implementation of the Program, organizes mutual consultations and information exchange between government customers, coordinates operational plans for certain periods of the Program, develops recommendations for improving cooperation, and uses intermediate and final results of research and development work., preparing and submitting agreed information on the implementation of the Program to the Interstate Committee for Scientific and Technological Development (hereinafter - MC NTR). The Program can be coordinated by international research centers and scientific organizations, transnational financial and industrial groups and interstate (intergovernmental) bodies. If the Program consists of separate projects funded by the relevant participating States, then the role of project coordinators is performed by the national government customers of these projects.
Article 2
Formation and implementation of the Program
1. The organization of work on the formation and implementation of the Program is carried out by MK NTR. 2. Proposals on the formation of a Program with appropriate justifications are submitted to the MC NTR by members of the MC NTR or interstate (intergovernmental) CIS bodies involved in coordinating scientific and technical issues, as well as the International Association of Academies of Sciences in accordance with the procedure established by the MC NTR. 3. MK NTR reviews the submitted proposals and, if approved, invites representatives of MK NTR of the Parties interested in developing specific programs to prepare and submit to MK NTR a draft Program with an explanatory note and a feasibility study, as well as a draft Cooperation Agreement, previously agreed in accordance with the procedures adopted in each State. 4. The cooperation agreement should include: Objectives of cooperation; sources and procedure for financing the implementation of the Program; mutual financial and other obligations of the participating States of the Program; the procedure and conditions of ownership, use and disposal of scientific and technical facilities and research results, the procedure for exercising exclusive rights (intellectual property); the procedure for resolving disputes; the organizational mechanism of cooperation, including the identification of government customers and a coordinator. Scientific and technical facilities and research results created as a result of the implementation of the Program belong to the participating States of the Program on the rights of common ownership. The profits are distributed among the participating States in proportion to their equity participation in financing the implementation of the Program. An integral part of the Cooperation Agreement is the Program, which reflects the list of scientific and technical projects and their performers, the final results, deadlines and conditions for the implementation of projects. 5. The draft Cooperation Agreement approved by the IEC is submitted to the Interstate Economic Committee of the Economic Union (hereinafter - IEC). 6. The program acquires the status of an interstate program after the entry into force of the Cooperation Agreement. 7. The scientific and technical projects contained in the Program are carried out on the basis of contracts concluded by the state customer with the organizations performing the work. 8. The management of the work on the implementation of the Program, their financing and logistical support in the participating States of the Program are carried out by government customers. The State customer, who is assigned the functions of the coordinator, is defined in the Cooperation Agreement. 9. Program Coordinator: is responsible for the timely implementation of the Program; manages the performers of the work under the Program; ensures the effective use of financial resources allocated for the implementation of the Program. 10. The Program Coordinator submits a progress report on the Program to the MC NTR. MK NTR analyzes it and sends it to the IEC.
Article 3
Financing of the Program
1. The Program is funded in the following forms:: separate financing, in which each State participating in the Program finances the part of the Program performed by it.; financing from the centralized fund of the Program, which is formed by shared contributions from the participating States of the Program. The formation of a centralized fund is carried out in accordance with the Regulations on the Fund, which is an integral part of the Cooperation Agreement, which defines the size, sources, and procedure for the formation and use of funds.; combined financing, in which one part of the work on the implementation of the Program is financed from a centralized fund, and the other - on the basis of separate financing. 2. Budgetary and extra-budgetary sources of financing, funds from charities and other organizations may be involved in the implementation of the Program.
Article 4
Program Execution Conditions
In order to implement the Program in accordance with their legislation, the Parties provide its participants in their territories: the right to convert and directly transfer funds to its counterparties performing joint and contract work and located in other participating States of the Program; other forms of assistance to national research and development organizations in conducting joint research, development and technological developments within the framework of the Program; the right for employees of organizations involved in the implementation of the Program to receive medical, social, household and communal services during their long-term business trips on the terms applicable to citizens of the host State; the national regime for the sale of products created under the Program in the markets of scientific and technical goods and services.
Article 5
Final provisions
1. The provisions of this Convention do not affect the obligations assumed by the Parties in accordance with other international treaties. 2. This Convention shall apply provisionally from the date of signature, unless it contradicts the legislation of the Parties, and shall enter into force from the date of deposit with the depositary of the third notification on the completion by the signatories of 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 arbitration bodies. 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, having settled financial and other obligations that have arisen during the operation of the Convention. 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.
(Signatures)
SPECIAL OPINION OF THE GEORGIAN CONVENTION ON THE FORMATION OF THE STATUS OF INTER-STATE SCIENTIFIC AND TECHNICAL PROGRAMS
Georgia generally approves of the submitted draft document, but at the same time has the following comments: - to remove the word "implementation" from paragraph 1 of article 2; - to completely remove paragraph 10 of article 2 from the draft of this Convention.
President
Republic of Kazakhstan
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