On the ratification of the Lease Agreement for the Baikonur Complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation

Home / Decree / On the ratification of the Lease Agreement for the Baikonur Complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation

Decree of the President of the Republic of Kazakhstan dated April 17, 1995 No. 2195.

In accordance with article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I decree:

1. To ratify the Lease Agreement for the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation, signed in Moscow on December 10, 1994.

2. This Decree shall enter into force from the date of publication.

President of the Republic of Kazakhstan

Contract10.12.94 Lease of the Baikonur complex between the Government of the Russian Federation and the Government of the Republic of Kazakhstan

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on September 25, 1995)

The Government of the Russian Federation and the Government of the Republic of Kazakhstan, hereinafter referred to as the Lessee and the Lessor or the Parties,

Based on the Agreement between the Russian Federation and the Republic of Kazakhstan on the Basic Principles and Conditions of Use of the Baikonur Cosmodrome dated March 28, 1994 (hereinafter referred to as the Agreement),

Considering the interest of the Russian Federation and the Republic of Kazakhstan in preserving, effectively using and developing the scientific, technical, industrial, socio-cultural potential and infrastructure of the Baikonur complex,

considering the functioning of the Baikonur complex in the context of the strategic allied interests of the two countries,

Recognizing that the testing, technological facilities and supporting infrastructure of the cosmodrome, the city of Leninsk with their movable and immovable property constitute a single scientific, technical, industrial and social complex "Baikonur",

based on the need for a contractual settlement of the rights and obligations of the Lessor and the Lessee during the lease and operation of the Baikonur complex, taking into account the interests of the Parties,

We have concluded this Agreement on the following:

Article 1 Concepts and terms used

1.1. Baikonur Complex - testing, technological, scientific, industrial, technical, social and support facilities of the Baikonur cosmodrome and the city of Leninsk with their movable and immovable property.

1.2. The Baikonur Cosmodrome is a territory with technological, technical, support and administrative facilities located on it, which are part of the Baikonur complex and are intended for the implementation of space programs.

1.3. The city of Leninsk is an administrative-territorial unit of the Republic of Kazakhstan operating under lease with facilities of the Baikonur cosmodrome located on its territory, as well as other facilities that create the necessary communal and social and cultural conditions for the personnel of the Baikonur cosmodrome, their family members and other residents of the city.

1.4. Facilities of the Baikonur cosmodrome - technical, launch, landing and measuring complexes, search and rescue facilities, storage facilities, refueling and neutralization stations, structures, residential, administrative buildings and office premises, social facilities, other elements of these complexes and services, as well as other facilities with appropriate property, land land plots and necessary sanitary protection zones, including land plots allocated for areas where separable parts of launch vehicles fall, located on the territory of the Republic of Kazakhstan.

1.5. Providing facilities of the Baikonur complex - facilities of communication systems, television and radio broadcasting, heat, water, energy, gas supply and sewerage, highways and railways, engineering networks, vehicles, rolling stock, airfield, aviation and airfield equipment, as well as other facilities that create the necessary conditions for the functioning of the Baikonur cosmodrome and the city of Leninsk with appropriate property, land plots and necessary sanitary protection zones.

1.6. Cosmodrome personnel - military personnel of military formations of the Russian Federation, civilians working on a permanent and temporary basis at the facilities of the cosmodrome and the supporting facilities of the Baikonur complex, and those seconded to these facilities by enterprises, organizations, institutions, state authorities and management bodies of the Russian Federation and the Republic of Kazakhstan, as well as retired cosmodromes living in the city of Leninsk, the villages of Tyura-Tam and Akai.

1.7. Family members of the cosmodrome staff - spouses, children, parents of members of the cosmodrome staff, as well as persons living with them and dependent on them.

1.8. Leninsk City Administration - executive authorities subordinate to the head of the Leninsk city Administration.

1.9. Military formations of the Russian Federation - military units, military missions, institutions and other military units of the Russian Federation that ensure the functioning of the facilities of the Baikonur complex related to the implementation of rocket and space programs under this Agreement.

The order of use and terms of lease of search and rescue service facilities are determined by a separate agreement.

Article 2 Subject of the Agreement

The Landlord rents, and the Tenant leases the Baikonur complex. The objects of the Baikonur complex and the coordinates of the land plots occupied by them are given in Appendices 1 and 2, which are an integral part of this Agreement.

Article 3 Objectives of the lease

3.1. The Baikonur Complex is used by the Lessee for the implementation of:

- civil and defense rocket and space programs of the Russian Federation;

- joint space projects of the Russian Federation, the Republic of Kazakhstan and other member States of the Commonwealth of Independent States;

- international space programs and commercial space projects.

3.2. In order to ensure a high level of space research and related programs, the Lessee maintains and develops the material, technical, technological and scientific research base of the Baikonur complex, and also carries out, with the participation of the Lessor, the maintenance and development of the material, technical and technological base of the supporting infrastructure.

3.3. In order to ensure the necessary conditions for the functioning of the Baikonur complex, the Lessee, with the participation of the Lessor, supports and develops the social and living sphere and infrastructure of the city of Leninsk and the facilities of the Baikonur complex.

Article 4 Lease term

The Baikonur complex is leased until 2050.

The footnote. Article 4 - as amended by the Law of the Republic of Kazakhstan dated 06/24/2021 No. 54-VII.

Article 5 Rent and settlement procedure

5.1. The rent is 115 (one hundred fifteen) million US dollars per year. A part of the rent may be repaid on a compensatory basis by agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan. The Lessee does not make any other payments, taxes or fees to the Lessor in connection with the use of the Baikonur complex, including for the right to use water resources.

5.2. The amount of rent for 1994 is set at $115 million, regardless of the date of signing this Agreement. In this case, the calculation for the first half of 1994 is made no later than 30 days after the entry into force of this Agreement in the amount of half of the annual rent. The remaining amount is repaid within 90 days after the entry into force of this Agreement.

5.3. Lease payments, starting from 1995, are made by the Tenant quarterly in equal installments in the amount of one fourth of the annual amount until the 15th day of the first month of the following quarter.

The procedure for making mutual payments on rent is determined by a separate agreement between the Parties.

Article 6 Lease conditions

6.1. The facilities and property of the Baikonur complex, located on the territory of the Republic of Kazakhstan as of August 31, 1991, are its property. Ownership rights to immovable and movable property created, acquired and supplied after August 31, 1991 belong to the Party that financed its creation, acquisition and supply. In the case of equity financing, ownership rights are determined by separate agreements.

6.2. The Lessee performs current, major repairs and reconstruction of the leased facilities at his own expense.

When the Lessee returns the objects and property after the expiration of the lease period, they are returned to the Lessor in a usable condition, taking into account the degree of actual wear and tear established by depreciation (operational) standards.

In the event that certain leased facilities and property expire during the validity of this Agreement, as well as in the event of their failure or destruction through no fault of the Lessee, the latter has the right, upon notification to the Lessor, to exclude the specified facilities and property from the leased facilities and property by a joint act. The depreciation periods of leased buildings, structures, and property are determined by their technical and operational documentation.

6.3. The Lessee has the right to make separable improvements to the leased property, and with the written consent of the Lessor, inseparable improvements. In the event that the Lessee has made improvements at his own expense that are separable or inseparable without harm to the leased facilities and property (reconstruction, capital construction, major repairs, technical re-equipment, equipment replacement), he retains ownership of them or the right to compensation for the residual value of these improvements after the end of the Lease Agreement.

6.4. If the Lessee has made improvements that are inseparable without harm to the leased property, as well as the construction of new facilities without the Lessor's consent, then upon termination of this Agreement, the inseparable improvements to the leased property, as well as newly built facilities, shall become the property of the Lessor without compensation for their cost to the Lessee.

6.5. The products and income received by the Lessee as a result of using the Baikonur complex for purposes that do not contradict this Agreement are his property.

6.6. The reorganization of the Lessor or the Lessee is not a reason for changing the terms or terminating this Agreement.

6.7. The Lessee provides contractual assistance to the Lessor in the implementation of space projects, primarily in the field of satellite communications and exploration of natural resources of Kazakhstan, in the creation of joint structures, including research, design, development and technological institutions and organizations, in the training of space technology specialists and cosmonauts of the Republic Kazakhstan.

6.8. The Parties have an equal right to use the symbols of the Baikonur complex for propaganda and advertising purposes.

6.9. The Head of the Leninsk City Administration is appointed jointly by the President of the Russian Federation and the President of the Republic of Kazakhstan on the proposal of the Russian Side.

For the period of validity of this Agreement, upon the recommendation of the head of the Leninsk City Administration, the Lessee forms the Leninsk City Administration.

6.10. Financing of the vital activity of the city of Leninsk and the maintenance of its infrastructure is carried out at the expense of the state budget of the Russian Federation. The Republic of Kazakhstan participates in financing the city of Leninsk in order to ensure the social rights of citizens of the Republic of Kazakhstan provided for by its legislation.

The amount of financing is determined by the Parties annually. The funds are spent by the Leninsk city Administration with the participation and under the supervision of the Russian-Kazakh Intergovernmental Commission on the Baikonur complex.

6.11. The Commander of the Baikonur cosmodrome is appointed and dismissed by the President of the Russian Federation in agreement with the President of the Republic of Kazakhstan.

6.12. On the territory of the Baikonur complex, the legislation of the Russian Federation and its competent authorities apply to military personnel, civilian personnel of the Russian Federation and their family members.

With respect to citizens of the Russian Federation from among the personnel of the cosmodrome, employees of law enforcement agencies and state authorities of the Russian Federation working at the Baikonur complex, as well as other citizens of the Russian Federation who are family members of these persons, in case they commit illegal actions against the Russian Federation and its citizens, military crimes and offenses, committed in connection with the performance of military service duties outside the Baikonur complex in the territory of the Republic of Kazakhstan, The jurisdiction of the Russian Federation is exercised. In other cases, the jurisdiction of the Republic of Kazakhstan is exercised.

The issues of jurisdiction and interaction of law enforcement agencies of the States of the Parties in the application of their legislation on the territory of the Baikonur complex are determined by a separate agreement.

The constitutional rights of citizens of the Republic of Kazakhstan are ensured by its competent authorities (court, prosecutor's office) located in the city of Leninsk, in accordance with the legislation of the Republic of Kazakhstan.

6.13. Law and order, security, special regime and security of the Baikonur complex are established and provided by the Tenant.

6.14. To ensure the interaction of organizations, enterprises and military units of the Russian Federation and the Republic of Kazakhstan at the Baikonur complex, when implementing this Agreement, the Baikonur Complex Coordination Council is formed consisting of the commander of the Baikonur cosmodrome (chairman), the head of the Leninsk city administration, the special representative of the President of the Republic of Kazakhstan at the Baikonur cosmodrome, a representative of the Russian Space Agency agency, representative of the National Aerospace Agency of the Republic of Kazakhstan, representative of the Military Space Forces of the Russian Federation. The personal composition of the Coordinating Council and its regulations are approved by the Russian-Kazakh Intergovernmental Commission on the Baikonur Complex.

6.15. Issues of employment, vocational training and social protection of citizens of the Republic of Kazakhstan residing in the territory of the Baikonur complex, control by the Republic of Kazakhstan over the safety and operating conditions of the cosmodrome facilities, ecology and nature management on the territory of the Baikonur complex, admission of citizens of the Republic of Kazakhstan to special work performed by them at the facilities of the Baikonur complex, training of aerospace specialists and their employment at the facilities of the Baikonur complex, The conditions and procedures for the use of search and rescue service facilities, and other economic and social issues are regulated by separate agreements, protocols, and regulations agreed upon by the Parties.

6.16. Settlements between legal entities of the Parties for mutually supplied products and works (services) related to the implementation of the objectives of this Agreement, as well as for space services, are carried out on a contractual basis at prices and tariffs set by the Parties for their own consumers.

6.17. Additional lease terms are listed in Appendix 3, which is an integral part of this Agreement.

The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 06/29/2011 No. 447-IV.

Article 7 Procedure for receiving and transferring the complex

7.1. Acceptance and transfer of the Baikonur complex is carried out by specially created commissions under the leadership of the Russian-Kazakh Intergovernmental Commission on the Baikonur Complex.

7.2. The facilities of the Baikonur complex are accepted and transferred in accordance with their technical and operational documentation according to their actual condition. According to the results of the acceptance and transfer, acts are drawn up in two copies (one copy for each Party). Acceptance and transfer certificates of facilities are approved by the Russian-Kazakh Intergovernmental Commission on the Baikonur complex.

Article 8 Rights and obligations

8.1. The Lessor has the right to:

a) to monitor the safety and operating conditions of the facilities of the Baikonur complex;

b) preferential participation in the implementation of joint space projects and related programs, as well as international space programs and commercial space projects using the Baikonur complex.

8.2. The Lessor undertakes to:

a) within two months from the date of signing this Agreement, transfer the Baikonur complex to the Lessee in accordance with the procedure defined in Article 7 of this Agreement;

b) not to interfere directly or indirectly with the Tenant's use of the facilities of the Baikonur complex for their intended purpose;

c) ensure the supply of electricity, fuel, lubricants and building materials, food, industrial goods, medical and other property and materiel necessary for the operation of the Baikonur complex, provide transport and other services at prices applicable in the Republic of Kazakhstan on a contractual basis;

d) to allow the import from the Russian Federation and export to the Russian Federation without the right to sell and use for other purposes equipment, fuel and other materials to ensure the operation of the Baikonur complex without levying duties, taxes and other fees.

8.3. The Lessee has the right to:

a) to make separable improvements to leased facilities and property, and with the written consent of the Lessor and inseparable improvements without harm to leased facilities and property, to carry out the construction of new facilities on leased land in accordance with the objectives of the lease;

b) to reimburse, after the expiration of this Agreement, the residual value of improvements made in agreement with the Lessor, as well as newly constructed facilities, if these improvements and facilities are transferred to the Lessor's ownership.;

c) sublet the facilities of the Baikonur complex to third parties in agreement with the Lessor. For approval, the Lessee must provide the Lessor with information about the proposed subtenant, the profile of the subtenant's activities at the leased facilities, as well as a draft sublease agreement.;

d) to attract foreign investors to participate in the overhaul and reconstruction of the facilities of the Baikonur complex in agreement with the Lessor;

e) in agreement with the Lessor, to renounce the lease of facilities, property and land plots not used by him;

f) during the lease term or after its termination, make proposals for the full or partial purchase of the facilities of the Baikonur complex into their ownership.

8.4. The Lessee undertakes to:

a) use leased facilities and land plots of the Baikonur complex in accordance with the objectives of this Agreement;

b) make rent payments in the amounts and within the time limits stipulated by this Agreement;

c) use and maintain leased facilities, taking into account the requirements of environmental safety, environmental management rules, and environmental protection, and take measures to clean up the impact areas from the separating parts of launch vehicles;

d) to attract foreign investors to participate in the overhaul and reconstruction of the facilities of the Baikonur complex in agreement with the Lessor;

e) in agreement with the Lessor, to renounce the lease of facilities, property and land plots not used by him;

f) during the lease term or after its termination, make proposals for the full or partial purchase of the facilities of the Baikonur complex into their ownership.

8.4. The Lessee undertakes to:

a) use leased facilities and land plots of the Baikonur complex in accordance with the objectives of this Agreement;

b) make rent payments in the amounts and within the time limits stipulated by this Agreement;

d) in the event of damage related to the activities of the Baikonur cosmodrome during the implementation of Russian space programs, Russia is responsible as the launching State in accordance with the Convention on International Liability for Damage Caused by Space Objects of March 29, 1972. At the same time, the Republic of Kazakhstan is not considered as a participant in a joint launch or a launching state.

In the case when the launch of a space object is carried out by Russia jointly with the Republic of Kazakhstan, liability for damage is determined by art. V of the said Convention.

In the event that a space object is launched by Russia jointly with other countries, these countries are jointly and severally liable for any damage caused in accordance with the aforementioned Convention. At the same time, the Republic of Kazakhstan is not considered as a participant in a joint launch or a launching state.;

e) immediately notify the Lessor of the discovery of valuables of geological, paleontological, archaeological and historical interest on the leased land plots, and take measures to preserve and transfer the discovered objects to the Lessor's ownership. In case of violation of the provisions of this paragraph and the use of the found valuables without the proper permission of the Lessor, the Lessee returns these valuables and the profit received to the latter.;

f) no later than December 30 of each year, provide the Lessor with annual spacecraft launch plans and rocket and space technology test plans for the next year and notify the Lessor of each upcoming launch (launch) 5 days in advance, followed by information on the facts of their implementation in an agreed volume. Rocket test launch plans are subject to agreement with the Lessor.

8.5. When implementing international cooperation programs with third countries and international organizations, their legal entities and individuals may be involved in the work carried out at the cosmodrome. The Parties shall take coordinated actions that, within the framework of national laws and regulations, simplify as much as possible the procedures related to the entry into the cosmodrome of third-country nationals and the import of property belonging to third countries or their legal entities and, accordingly, their departure and export of such property.

Article 9 Procedure for interpretation of Treaty provisions and dispute resolution

9.1. Throughout the entire term of the Agreement, each Party proceeds from the principle of respect for the interests of the other Party and undertakes not to take unilateral actions contrary to the letter and spirit of the Agreement of March 28, 1994 and this Agreement.

9.2. Disputes concerning the interpretation and application of the provisions of this Agreement are subject to settlement through negotiations between the Parties.

9.3. Disputes arising under this Agreement and other disputes are resolved by the Russian-Kazakh Intergovernmental Commission on the Baikonur Complex.

Article 10 Issues of jurisdiction of the Republic of Kazakhstan over the Baikonur complex

10.1. Citizens of the Russian Federation and the Republic of Kazakhstan residing at the Baikonur complex retain their constitutional rights.

10.2. Control over compliance with the jurisdiction of the Republic of Kazakhstan at the Baikonur complex under the terms of its lease and the constitutional rights of citizens of the Republic of Kazakhstan is carried out by the special representative of the President of the Republic of Kazakhstan at the Baikonur cosmodrome.

Article 11 Final provisions

11.1. All appendices mentioned in this Agreement are an integral part of it. Changes to the terms of this Agreement are carried out by mutual agreement of the Parties.

11.2. The term of the Agreement is determined by the lease terms specified in Article 4.

11.3. Coordination of work under this Agreement is carried out by:

The Lessee is represented by the Russian Space Agency and the Military Space Forces of the Ministry of Defense of the Russian Federation.;

on the part of the Lessor is the National Aerospace Agency of the Republic of Kazakhstan.

11.4. This Agreement shall enter into force on the date of the last notification of the completion by the Parties of the necessary domestic procedures.

Done in Moscow on December 10, 1994, in two copies, each in the Russian and Kazakh languages, both texts being equally authentic.

Additional rental conditions

1. The state bodies of the Russian Federation and the Republic of Kazakhstan recognize as valid the regulatory, technical and other governing documents establishing the procedure for working with rocket and space technology, as well as the procedure for operating facilities of the supporting infrastructure, approved by the state bodies of the Russian Federation and the former USSR, as well as the qualification documents issued by them to the personnel of the cosmodrome.

2. Financing of the activities of legal entities of the Russian Federation at the Baikonur complex, payment of salaries to employees of the complex and salaries to military personnel, settlement operations between residents and non-residents located at the Baikonur complex, purchase and sale of tenge and Russian rubles by legal entities located on the territory of the Baikonur complex is carried out in accordance with the Agreement.

3. The procedure for collecting taxes, fees and other payments not provided for in this Agreement related to the activities of legal entities and individuals at the Baikonur complex is determined by an additional agreement between the Ministries of Finance of the Republic of Kazakhstan and the Russian Federation.

4. A visa-free regime is maintained for the travel of the cosmodrome staff, as well as specialists from organizations, institutions and enterprises of the Russian Federation and family members of the cosmodrome staff through the territory and airspace of the Russian Federation and the Republic of Kazakhstan.

5. The cosmodrome staff and family members of the cosmodrome staff cross the border between the Republic of Kazakhstan and the Russian Federation upon presentation of identity documents and affiliation to the cosmodrome staff.

The Parties grant these persons the right to transport personal belongings across the border between the Republic of Kazakhstan and the Russian Federation in accordance with the concluded agreements without restrictions and levying duties, taxes and fees.

6. Transportation of cosmodrome personnel and cargo of the Baikonur complex for the purposes of this Agreement on the territory and through the airspace of the Republic of Kazakhstan and the Russian Federation is paid in the amounts and in accordance with the procedure established for the organizations of the Parties.

Customs clearance is carried out on the territory of each of the Parties once.

7. The Lessor retains ownership of the property belonging to them located on the territory of the Baikonur complex for the persons who are part of the cosmodrome staff and their family members.

The Lessor provides the cosmodrome staff and their family members traveling outside the Republic of Kazakhstan for permanent residence with the opportunity to freely sell, export their property, as well as transfer their deposits and assets to banking institutions of the Russian Federation.

The Lessor retains the right of residence for the cosmodrome staff and their family members in the living space occupied by them on the date of signing this Agreement.

8. The terms and procedure for the development and signing of individual agreements, protocols and regulations related to the implementation of this Agreement are determined by the Schedule approved by the Co-Chairs of the Russian-Kazakh Intergovernmental Commission on the Baikonur Complex.

President

Republic of Kazakhstan

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