On the ratification of the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the status of soldiers of the Central Asian Battalion under the auspices of the United Nations

Law of the Republic of Kazakhstan dated April 6, 1999 No. 373-1

To ratify the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the status of soldiers of the Central Asian Battalion under the auspices of the United Nations, signed in Cholpon Ata on July 24, 1997.                  

President of the Republic of Kazakhstan                                    

Agreement        

between the Republic of Kazakhstan, the Kyrgyz Republic and            

By the Republic of Uzbekistan on the status of military personnel            

The Central Asian Battalion under the auspices of the United Nations            

The Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan, hereinafter referred to as the Parties,      

as Members of the United Nations;      

Sharing the responsibility of the international community for the preservation of peace  all over the world;

          Considering that the units of the Central Asian Battalion (hereinafter referred to as the Central Battalion) can be deployed and deployed on the territory of one of the Parties by agreement.;          

Based on the provisions of the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the organization and formation of a collective peacekeeping battalion under the auspices of the United Nations dated December 15, 1995 and the Regulations on the Peacekeeping battalion of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan under the auspices of the United Nations, approved by the Decision of the Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan dated January 10 1997;           Wishing to determine the status of the military personnel of the Central Battalion during their stay on the territory of one of the Parties, agreed on the following:                                                              

Article 1            When conducting peacekeeping operations, the personnel of the Central Battalion enjoy the status, privileges and immunities that are granted to UN personnel during peacekeeping operations in accordance with the Convention on the Privileges and Immunities of the United Nations, adopted by  The UN General Assembly on February 13, 1946, the UN Security Convention on December 9, 1994, as well as the provisions of relevant Decisions and Agreements of the Interstate Council of the Parties.                                                              

Article 2            In this Agreement, the following terms mean: a) military personnel - personnel of the Central Battalion located on the territory of one of the parties; b) civilian personnel - civilians accompanying units of the Central Battalion and being citizens of the Parties; c) family members - spouses and children of military personnel or civilian personnel; d) the Sending State - the Party to which belong deployed military and civilian personnel;           e) The host State is the Party on whose territory the units of the Central Battalion are located, and measures are being taken to prepare for peacekeeping operations.                                                              

Article 3            The military personnel of the Parties, their civilian personnel and family members are obliged to comply with the Constitution and legislation of the Host State, respect the customs and traditions of this country, and refrain from any activity incompatible with the provisions of this Agreement.                                                              

Article 4 1. When entering and exiting the territory of the Receiving State  For military personnel, as well as civilian personnel, they are not subject to the requirements for visa and passport control, as well as the rules for registration and control of foreigners.           2. Military personnel must have with them:           a) an identity document;           b) an order for individual and group movements in Russian, issued by the Ministry of Defense of the Sending State in accordance with the decision of the Council of Defense Ministers, certifying the status of an individual or group of military personnel.           3. The status of family members must be indicated accordingly in their passports.           4. If military personnel or civilian personnel leave the service, the Sending State must inform the relevant authorities of the Receiving State.           5. If the Receiving State has requested the expulsion from its territory of military personnel or civilian personnel, or a member of their families who are not its citizens, the Sending State is responsible for fulfilling this requirement.                                                           

  Article 5            The Receiving State undertakes to recognize as valid the driving license issued by the Sending State.                                                          

   Article 6 1. When crossing the state border and performing official duties on the territory of the Host State, military personnel must wear uniforms with the insignia of the Central Battalion and the UN peacekeeping forces. 2. Regular vehicles of the Central Battalion or civilian personnel must have, in addition to their registration number, distinctive signs indicating their nationality.           3. Military personnel may carry weapons if they have the appropriate order from their military command and permission to do so.  The Host State.                                                            

 Article 7 1. Military personnel, civilian personnel and their family members are subject to the criminal jurisdiction of the Host State in cases of their committing crimes on its territory.           2. The sending State has criminal jurisdiction in the territory of the Receiving State in respect of military personnel, civilian personnel and their family members who are citizens.  Of the Sending State in case they commit crimes punishable under its legislation.           3. In cases where crimes committed by military personnel, civilian personnel and members of their families fall under the jurisdiction of both States, the Sending State has a pre-emptive right of jurisdiction over its citizens for crimes committed by them against the property or security of the Sending State, or against the property, life and health of military personnel, civilian personnel and members of their families, who are citizens of the Sending State.           4. In all other cases, the jurisdiction of the Receiving State takes precedence.  States.                                                             

Article 8            The Receiving State and the Sending State shall assist each other in detaining military personnel, civilian personnel and their family members who have committed a crime and transferring them to the Party under whose jurisdiction they fall; in doing so, the Receiving State shall notify the relevant authority of the Sending State of the arrest of military personnel or civilian personnel, or their family members who are citizens  The Sending State.                                                            

 Article 9            Each of the Parties waives the right to bring a claim against the other  Damage caused by any property belonging to it and used by its armed forces, if such damage was caused by military personnel who are citizens of the other Party in the performance of their official duties in connection with the implementation of this Agreement.           In case of damage caused to property, with the exception of those specified in the first part of this Article, the issue of liability is resolved in a civil procedure.           Each Party waives its right to sue the other  Related to the injury or death of a serviceman of its armed forces in the performance of his official duties.                                                            

 Article 10            Military personnel, civilian personnel and their family members have the right to medical care on equal terms as personnel  The Armed Forces Of The Host State.                                                             

Article 11              Military personnel, civilian personnel and their family members are exempt from all types of taxes on the territory of the Host State.                                                              

Article 12            Military personnel may duty-free import into and export from the territory of the Receiving State imported official vehicles and equipment intended for their use for official purposes.           Military personnel, civilian personnel and members of their families, at the time of their initial arrival at the place of permanent deployment of the Central Battalion units on the territory of the Host State for the performance of official duties, have the right to import and export imported personal belongings, furniture and vehicles duty-free, except in cases of their possible alienation.                                                           

  Article 13            The provisions of this Agreement concerning family members shall enter into force from the date of the location of the Central Battalion units at the place of permanent deployment.                                                           

Article 14            By mutual agreement, the Parties may amend this Agreement.  Agreement additions and amendments, which are drawn up accordingly  Protocols.           Additions and amendments shall enter into force after the Parties have completed the necessary internal procedures and are an integral part of this Agreement.           In cases not stipulated by this Agreement, the Regulations on the Peacekeeping battalion of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan under the auspices of the United Nations dated January 10, 1997 shall apply.                                                            

 Article 15 This Agreement is temporarily applied from the date of its signing and enters into force from the moment the Parties notify each other of the completion of the necessary domestic procedures.          

This Agreement shall terminate upon the expiration of six months from the date on which one of the Parties sends a written notification to the other two Parties of its intention to terminate it.          

The Agreement also becomes invalid from the date of denunciation of the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the organization and formation of a collective peacekeeping battalion under the auspices of the United Nations dated December 15, 1995.  

Done in Cholpon-Ata on July 24, 1997, in one original copy in the Russian language.      The original copy is kept by the Executive Committee.  The Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan, which sends a certified copy of it to each participating State.                                   

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(Specialists:  Tsai L.G. Sklyarova I.V.)

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