On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the establishment of the Center for Emergency Situations and Disaster Risk Reduction

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the establishment of the Center for Emergency Situations and Disaster Risk Reduction

Law of the Republic of Kazakhstan dated April 14, 2014 No. 191-V 3PK

To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the establishment of the Center for Emergency Situations and Disaster Risk Reduction, signed in Almaty on May 17, 2013.

President of the Republic of Kazakhstan N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the establishment of the Center for Emergency Situations and Disaster Risk Reduction

Entered into force on September 1, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 5, Article 49

The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties, aware of the danger posed by emergencies, taking into account the need for coordinated actions in the prevention and elimination of emergencies and their consequences, recognizing that cooperation in the field of emergency prevention and elimination will contribute to the well-being and security of the States of the region, wishing to extend the principles of cooperation to assistance in case of emergency, and making joint efforts to ensure effective and coordinated assistance to the affected population, guided by the objectives of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on cooperation in the field of civil Defense (Protection), Prevention and Elimination of Emergency Situations dated June 16, 2009, supporting the efforts of the United Nations and other international organizations to provide international assistance in emergency situations situations based on the principles of the Hyogo Framework for Action for 2005 - 2015: Building disaster response capacity at the State and community levels, agreed as follows:

Article 1. Definitions

For the purposes of this Agreement, the following concepts are used: "host State" - the territory of the State of the Party in which the Center is located; "official" - a representative of the competent authority sent by one of the Parties to work at the Center and appointed to an appropriate staff position; "competent authority" - an authority appointed by the State of each of the Parties to direct and coordinate work related to the implementation of this Agreement. Agreements; "confiscation" is the gratuitous seizure of property from the owner by a court decision in the form of a sanction for committing a crime or other offense; "crisis center" is an agency designated by a Party to coordinate interaction and exchange information between the Center and the competent and other government agencies of the States of the Parties.; "emergency response" - emergency rescue and other urgent work carried out in the event of an emergency and aimed at saving lives and preserving human health, reducing environmental damage and material losses, as well as localizing the emergency zone, terminating the operation of its characteristic dangerous factors; "observer" — appropriate an international organization, a State other than the State of the Party to this Agreement, which has been granted observer status at the Center; "sending State" - the State of the Party sending its representative to work at the Center; "information exchange" - receipt and presentation of information by the Parties, the Center and third parties; "Center staff" - officials and employees of the Center; "Center premises" — buildings or parts of buildings used for the purposes of the Center, regardless of forms and accessories of ownership of them, including the land plot serving these buildings or parts of buildings; "emergency prevention" is a set of measures carried out in advance and aimed at minimizing the risk of emergencies as much as possible, as well as preserving human health, reducing environmental damage and material losses in case of their occurrence.; "emergency prevention" is a set of legal, organizational, economic, engineering, environmental protection, sanitary-hygienic, sanitary-epidemiological and special measures aimed at organizing monitoring and control over the state of the environment and potentially dangerous objects, forecasting and preventing the occurrence of sources of emergency situations, as well as preparing for emergencies. "Center Employee" is a full-time employee of the Center who provides administrative and technical support for the Center's activities.; "requisition" is the seizure of property from the owner in emergency situations of a natural and man-made nature, in exceptional cases in the absence or insufficiency of the state reserve, logistical, food, medical and other resources created to ensure guaranteed protection of the population, the environment and management facilities from natural and man-made emergencies by decision of government agencies., in accordance with the procedure and on the terms established by the legislation of the Parties, with the payment of the market value of the property; "management of the Center" - Director of the Center, Deputy Director; "third party" — an international organization, a state that is not a Party to the Agreement and does not have observer status at the Center; "natural disasters" - various natural phenomena that cause sudden disruptions to the normal functioning of the population, as well as violations and destruction of property; "Center" - Center for Emergency Situations and Disaster Risk Reduction; "family members" - spouse, minor children and persons who are dependent on officials and permanently reside with them; "emergency situation" - the situation in a certain territory that has developed as a result of an accident, a dangerous natural phenomenon, a disaster, a natural disaster or other man-made disaster that may or may not result in This represents human sacrifice, damage to human health or the environment, significant material losses and disruption of human living conditions.; "expropriation" is the conversion of property belonging to citizens and legal entities into state ownership through its nationalization, which is permitted only on the basis of the legislation of the Parties on the nationalization of this property and with compensation for the value of this property and other losses caused by its seizure.

Article 2. Purpose

The purpose of this Agreement is to create a Center to provide effective mechanisms for mitigating the risks of emergencies and reducing their consequences, joint response through measures agreed by the Parties, and stimulating regional and international cooperation.

Article 3. Establishment of the Center

The Parties establish a Center in Almaty, the Republic of Kazakhstan, which is a permanent intergovernmental body. The functions and rights of the Center are determined by the Regulations on the Center, which is an integral part of this Agreement.

Article 4. Principles

In implementing the provisions of this Agreement, the Parties shall be guided by the following principles: compliance with generally recognized norms and principles of international law; cooperation in accordance with the national laws of the States of the Parties; interaction in the spirit of solidarity and equal partnership.

Article 5. Objectives of the Center

The main tasks of the Center are: implementation of regional and international cooperation in the field of emergency prevention and response; improvement of the basic safety standards of the population of the States of the Parties from natural and man-made emergencies; attraction of grants from international and non-governmental/non-profit organizations to reduce the risk of natural disasters, development and implementation of joint international projects; interaction with the competent authorities of the States Parties; assistance in the development of national emergency prevention and response systems in the States of the Parties; assistance in the creation of modern information and communication systems for collecting, processing and analyzing information from the Parties; implementation of international and other programs in the field of emergency prevention and response; assistance in strengthening national emergency management capacities of the Parties; implementation of international monitoring systems and networks on natural and man-made emergencies; creation of a unified register of forces and assets of the States of the Parties in order to carry out emergency rescue operations on their territories; cooperation with third parties in order to study advanced achievements and exchange experience in the field of emergency prevention and response; professional development of experts and specialists of the States of the Parties through special exercises, trainings, training courses and other relevant activities; development of standard methodologies for responding to emergencies, conducting response operations, and using joint reserve capabilities of the States of the Parties; development of methodological materials for the harmonization of national legislation of the States of the Parties, the introduction of common terminology and use in cooperation with the competent authorities of the States of the Parties; support for scientific and technical programs of the States of the Parties to prevent and study the causes and consequences of emergencies; assistance in achieving harmonization of the national legislations of the States of the Parties in the field of emergency situations and civil defense (protection); implementation of other tasks in the field of emergency prevention and response.

Article 6. Status of the Center and financing of its activities

The Center has the status of a legal entity and, as such, enjoys the rights and performs its functions in accordance with this Agreement, the Regulations on the Center and the national legislation of the host State, without prejudice to the privileges and immunities of the Center. The conditions of the Center's stay are determined by a separate international agreement between the Government of the Republic of Kazakhstan and the Center. The Center's activities are funded by contributions from the States of the Parties, funds from donors, gratuitous assistance from international organizations, voluntary donations from legal entities and individuals, as well as other sources that do not contradict the national legislation of the States of the Parties. The procedure for executing the Center's budget, budget reporting, and financial audit is determined by the Regulations on the Center.

Article 7. Exchange of information

The exchange of information is carried out in compliance with the information protection requirements provided for by the national legislation of the States of the Parties, between: By the Parties; Parties and the Center; the Center and observers; the Center and third parties. The Parties independently determine the level of access to the information sent to the Center, as well as the procedure for its presentation to observers and third parties. As part of the information exchange, the Center carries out: collection, processing, systematization, storage and protection of received information; preparation of reference, analytical, and statistical materials; provision of information to the Parties. The request for information, as well as the information itself, is sent through channels using technical or other means of communication. In order to fulfill the objectives of this Agreement, the Parties may create information and communication networks, information systems for the transmission of electronic information resources.

Article 8. Interaction of the Center

The Center cooperates with the competent authorities of the States of the Parties. The competent authorities of the Parties identify crisis centers that interact with the Center. In case of changes in the list of competent authorities, the Center shall be notified in writing by the competent authorities of the States of the Parties. The Parties shall take all necessary measures to ensure conditions allowing the competent authorities of the States of the Parties to carry out their tasks, especially with regard to access to relevant information. The Center cooperates with third parties.

Article 9. The Council of the Center

The Parties shall monitor the activities of the Center through the Council. The Council from each State includes the head of the competent authority. The Council determines the strategic directions of the Center's activities. The functions of the Council include: identification of the main activities of the Center and assistance in solving issues related to the prevention and elimination of emergency situations; consideration and approval of candidates for appointment to the post of head of the Center who meet the established requirements and coordinate them with the heads of government for approval; approval of the Center's structure and staffing table; control over the Center's activities; identification of resources necessary to achieve the goals and objectives facing the Center; formation, approval and control over budget execution; study of financial and audit reports on the activities of the Center; consideration of disputes between the Center and the competent authorities of the Parties; other functions arising from the regulatory legal acts regulating the activities of the Center. Meetings of the Council are held as necessary, but at least twice a year in the Center, in the city of Almaty, or on the territory of the other Party by mutual agreement. The meeting of the Council is chaired by the head of the competent authority of the Party, who is elected for a term of 1 year in the order of the Russian alphabet. Decisions at Council meetings are made by consensus.

Article 10. Activities of the Center's staff

The procedure for sending officials to work at the Center is determined by the national legislation of the sending State. The terms, conditions and working procedure of the Center's staff are determined by the Regulations on the Center. The monetary maintenance of the Center's staff is provided from the Center's budget. The officials of the Center are international employees. In the performance of their official duties, they should not request or receive instructions from any Party, as well as legal entities and individuals. The Parties undertake to respect the international character of the functions of the officials of the Center and not to influence them in the performance of their official duties.

Article 11. Observers

An international organization or a State that is not a Party to this Agreement may be granted observer status. The conditions for granting observer status are determined by the Regulations on the Center.

Article 12. Status of officials and their family members

Officials of the Center shall enjoy freedom of movement on the territory of the States of the Parties to the extent necessary for the performance of their official functions, if this does not contradict the national legislation of the States of the Parties on zones where entry is prohibited or regulated for reasons of national security. Officials of the Center in the territories of the States of the Parties use official identification cards, which are recognized by the Parties as documents certifying the status of these persons. Officials, as well as their family members, shall retain all benefits, guarantees and compensations established by the national legislation of the sending State for the period of their stay in the receiving State and upon their return to the State of which they are citizens. Pension provision for officials of the Center is carried out in accordance with the national legislation of the States of the Parties. The working hours of the Center's officials are counted in their work experience in accordance with the national laws of the sending Countries.

Article 13. Property of the Center

The Center enjoys the right of inviolability to its property, archives and documents, including official correspondence, regardless of their location, and they are immune from any form of legal proceedings, including expropriation, requisition and confiscation. The premises and vehicles of the Center, regardless of their location, are not subject to search, requisition, confiscation or any other form of interference that interferes with the Center's activities. The inviolability of the premises and vehicles of the Center does not give the right to use them for purposes incompatible with the tasks and functions of the Center or detrimental to the security of the States of the Parties, the interests of their individuals and legal entities. The Center ensures compliance with fire safety rules and sanitary standards established in the host State.

Article 14. Symbols and working language of the Center

The Center has a flag, an emblem and other symbols approved by the Council and may place it on its official documents, premises occupied by it and vehicles of the Center. The Parties recognize the official documents, seals, stamps and symbols of the Center. The official and working language of the Center is Russian.

Article 15. Relationship with other international treaties

This Agreement does not affect the rights and obligations of the States of the Parties arising from other international treaties to which they are parties.

Article 16. Amendments and additions, dispute resolution

Amendments and additions may be made to this Agreement with the consent of the Parties, which are formalized by Protocols that are integral parts of this Agreement. This Agreement does not limit the rights of the Parties to conclude other international agreements on issues that are the subject of this Agreement and do not contradict its objectives and object. Issues arising from the interpretation or application of this Agreements are resolved through consultations and negotiations.

Article 17. Entry into force, duration, accession and withdrawal from the Agreement

This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt by the Parties of the last written notification through diplomatic channels of the ratification of this Agreement. This Agreement is open for accession by other States. The decision to join the Agreement is made by mutual agreement of the Parties. In case of accession of other States to this Agreement, the functions of the depositary of this Agreement shall be performed by the Republic of Kazakhstan. For the acceding State, this Agreement shall enter into force on the thirtieth day after the date of receipt by the depositary of the notification of its accession. Each of the Parties may withdraw from this Agreement by sending a written notification to the depositary through diplomatic channels no later than 6 months before the expected withdrawal date. An acceding State may withdraw from this Agreement by sending a written notification to the depositary through diplomatic channels no later than 6 months before the expected withdrawal date. Done in Almaty on May 17, 2013, in two copies in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of this Agreement, the Parties shall refer to the text in Russian.

For the Government For the Government of the Republic of Kazakhstan Of the Kyrgyz Republic

Annex to the Agreement between the Government of the Republic of Kazakhstan and the Government of of the Kyrgyz Republic on the establishment of the Center for Emergency Situations and Disaster Risk Reduction

Regulations on the Center for Emergency Situations and Disaster Risk Reduction

1. General provisions

The Center for Emergency Situations and Disaster Risk Reduction (hereinafter referred to as the Center) is being established in order to: development of cooperation in the field of emergency prevention and response; ensuring an integrated approach to emergency prevention; mitigation of emergency risk factors, identification, assessment and monitoring of the danger of emergency situations and their forecasting; creation of an early warning system and mutual notification of the risk of emergency situations; coordinating joint efforts and strengthening preparedness for effective and timely emergency response; regular information exchange. In its activities, the Center is guided by the goals The Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on cooperation in the field of civil defense (protection), prevention and elimination of emergency situations dated June 16, 2009, the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the establishment of the Center for Emergency Situations and Disaster Risk Reduction (hereinafter - the Agreement on the establishment of the Center) and this The Regulation, and also takes into account international treaties to which the States of the Parties are parties. The competent authorities of the States of the Parties that carry out official contacts with the Center are the central state bodies in the field of emergency prevention and response of the Parties. The Center carries out its activities using the capabilities, resources and databases of government agencies responsible for the prevention and elimination of emergency situations (hereinafter referred to as the competent authorities) Parties; in cooperation with state, international and non-governmental organizations. The Center is a permanent intergovernmental body The Parties to assist in the organization, conduct and coordination of agreed joint activities in the field of emergency prevention and response, and annually informs the competent authorities of the Parties about their activities. The general management of the Center is carried out by the Council of Heads of the Competent Authorities of the Parties in the field of emergency prevention and response (hereinafter referred to as the Council).

2. Main functions

The main functions of the Center are: interaction with the competent authorities of the States of the Parties, cooperation with government agencies of other countries and international organizations; providing information at the request of the competent authorities of the Parties; carrying out activities for the implementation of joint international and interstate projects in the field of emergencies and disaster risk reduction; implementation of joint activities with local and national executive bodies of the Parties to strengthen the capacity of emergency management; conducting special exercises, trainings, training courses and other activities to improve the skills of experts and specialists of the Parties; studying advanced achievements of international structures and government organizations of foreign countries; exchange of experience and implementation of best practices in the prevention and elimination of emergencies emergency situations and disaster risk reduction in the practice of the competent authorities of the Parties; activities to create a unified register of forces and assets of the Parties; implementation of measures to harmonize the national legislations of the Parties in the field of emergency situations and civil defense (protection); timely reception, collection, processing, storage, protection and analysis of information in the field of emergency prevention and response; ensuring the exchange of information between the competent authorities of the Parties and other stakeholders structures; analysis of incoming information and development of appropriate recommendations; development of procedures for the systematic accumulation of information, formation and replenishment of the Center's data bank; assistance in the implementation of measures to unify information systems, including databases of competent authorities of the Parties; introduction of standardized forms and systems for information exchange, implementation and improvement of information analysis programs; participation in the development and implementation of interstate and other programs in the field of prevention and emergency response; establishment and maintenance of working contacts with government agencies of the Parties, international and non-governmental organizations for the constant exchange of information in the field of emergency situations; participation in the preparation and conduct of international exercises, rescue and humanitarian operations on the territory of the States of the Parties and in other foreign countries, assistance in ensuring the participation of forces and means of the States of the Parties; carrying out other activities in the field of emergency prevention and response.

3. Rights

The Center has the right to perform its functions: to request from the competent authorities and provide them with the information necessary to carry out the activities provided for in this Regulation, to create a database; to submit proposals to the Council on financing their activities in accordance with the established procedure; to develop, within their competence, proposals, recommendations and draft documents in the field of emergency prevention and response; to participate in international and other activities related to its competence.

4. Organization of activities

The management of the Center is carried out by the director of the Center, appointed and dismissed by the decision of the Council. The work on the organization of the Center's activities is carried out by the staff approved by the decision of the Council. The Director of the Center is appointed by a representative of the Party on a rotating basis in the order of the Russian alphabet of the names of the States of the Parties, for a period of three years. The Director and the Deputy Director of the Center cannot be citizens of the same state.

5. The procedure for the selection, referral and recall of personnel

Officials are assigned to work at the Center from among the representatives of the competent authorities and in accordance with the national laws of the States of the Parties. The rest of the Center's employees must meet the following requirements when applying for a job: have the citizenship of the host State; meet the qualification requirements (relevant education and work experience in the specialty) established by the current qualification characteristics of the positions of managers, specialists and other employees. Officials are employed for a period of 3 years on the recommendation of the Parties. The working period can be extended, but not more than 3 years.

6. Staff

The staff of the Center includes officials and employees of the Center, including employees who ensure the continuous operation of technical facilities and software. The Director of the Center: organizes the work of the Center; carries out the overall management of the Center and is personally responsible for the fulfillment of the tasks assigned to the Center; submits to the Council for approval the structure and staffing of the Center, participates in the formation of the staff of the Center; determines the functions, rights and duties of the Center staff and monitors their implementation; represents the Center in relations with government agencies of the Parties and third parties; participates in events held within the framework of the States of the Parties; submits to the Council the budget of the Center and a report on its implementation for approval; manages the funds of the budget of the Center; annually submits to the Council a report on the work of the Center. Quotas of positions filled by officials in the amount of 5 units for the Republic of Kazakhstan and 5 units for the Kyrgyz Republic are assigned to each of the Parties. Officials are sent (seconded) to the Center in accordance with the national legislation of the sending State. Appointment to the positions of the Center, recruitment to the Center is carried out by the director of the Center in coordination with the Council and the competent authorities sending their representatives to work in the Center. During the period of work at the Center, officials and their family members retain the rights, benefits, guarantees and compensations established by the national legislation of the sending State. Officials of the Center have no right to engage in activities incompatible with the status of international employees. The staff of the Center must not allow actions and public statements, written or oral, that may harm the Center or the national interests of the Parties. Officials and employees of the Center are granted annual leave. The Director issues a certificate of the established type approved by the Council to the staff of the Center.

7. The Observer

Observer status at the Center may be granted to an international organization or a State that is not a State Party to the Agreement on the Establishment of the Center. The decision on granting and suspending or canceling observer status is made by the Council in consultation with the Parties. The procedure for granting observer status at the Center includes: a written reasoned appeal from a State or a competent international organization to the director of the Center; the Director of the Center submits this appeal to the Council for consideration; Consideration of the application by the Council and decision-making on granting observer status is carried out in agreement with the Parties and on the basis of consensus. A State or an international organization with observer status at the Center shall communicate with the Center through their representatives.

8. Financial and property support of activities

The Center's activities are financed from the Center's budget, while the budget is formed from: 1) contributions from the States of the Parties; 2) funds from donors; 3) gratuitous assistance from international organizations; 4) voluntary donations from legal entities and individuals; 5) other sources that do not contradict the laws of the States of the Parties. Financial resources can be deposited both in the national currency of the States of the Parties and in freely convertible currency. Equipment, other property, intellectual and other property may be transferred to the Center free of charge from each of the Parties. The funds allocated to support the Center's activities are held in personal accounts in accordance with the procedure for maintaining personal accounts adopted in the Republic of Kazakhstan. In order to effectively support its activities, the Center may be provided on a temporary basis with premises, equipment, communications facilities and other material resources. Execution of any actions by decision of the relevant authorities and administration of the host State may take place in the premises of the Center only with the consent of the Director or a person acting in his place. The host State shall take appropriate measures to protect the premises of the Center from any intrusion or damage. The premises of the Center cannot serve as a refuge for persons who are being prosecuted under the national legislation of the States of the Parties or are subject to extradition to any of the Parties or to a third State.

9. Budget, audit and financial management

Control over all obligations and payment of expenses, as well as collection of receipts, is carried out by auditors sent by the States of the Parties. Every six months, the Director of the Center submits a financial report to the Council, as well as to international organizations and donor States that finance the Center in terms of financial resources provided by them. The auditors' reports are submitted to the Director, the Council, as well as to international organizations and donor States that finance the Center in terms of financial resources provided by them. The Director informs the Council about the measures taken based on the results of the auditors' report.

10. Final provisions

The Center has the status of a legal entity and the necessary banking details for its activities in accordance with the national legislation of the host State.

President

Republic of Kazakhstan

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