On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on cooperation in the field of Prevention of Industrial Accidents, Natural Disasters and Elimination of their Consequences

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On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on cooperation in the field of Prevention of Industrial Accidents, Natural Disasters and Elimination of their Consequences

The Law of the Republic of Kazakhstan dated December 30, 1999 No. 8

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on cooperation in the field of prevention of industrial Accidents, Natural Disasters and Elimination of their Consequences, concluded in Almaty on November 11, 1997.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of Georgia on cooperation in the field of prevention of industrial accidents, Natural Disasters and elimination of their consequences

 (Bulletin of International Treaties of the Republic of Kazakhstan, 2001, No. 1, art. 7) (Entered into force on January 18, 2000 - J. "Diplomatic Courier", special issue No. 2, September 2000, p. 182)

The Government of the Republic of Kazakhstan and the Government of Georgia, hereinafter referred to as the Parties, aware of the danger posed to both countries by industrial accidents and natural disasters; recognizing that cooperation in the field of industrial accident prevention, natural disasters and elimination of their consequences can contribute to the well-being and security of both States; considering the benefits that the exchange of scientific-technical information in the field of prevention of industrial accidents, natural disasters and elimination of their consequences; based on the existence of interconnected ecological systems of both countries, requiring a coordinated policy to prevent industrial accidents, natural disasters and eliminate their consequences, as well as the organization of mutually coordinated environmental monitoring; taking into account the possibility of emergency situations that cannot be eliminated by the forces and means of one of the Parties, and the resulting need for coordinated actions of the Parties to prevent emergencies and eliminate their consequences; Considering the role of the United Nations and other international organizations in the field of prevention of industrial accidents, natural disasters and elimination of their consequences; based on the relevant articles of the Agreement on Cooperation in the Field of Prevention and Elimination of Consequences of Natural and Man-made Emergencies, signed by the Member States of the Commonwealth of Independent States on January 22, 1993.; Respecting and recognizing the generally accepted norms and rules in force within the framework of the relevant international organizations of which the Parties are members, have agreed as follows:

 Article 1 The terms used in this Agreement have the following meanings: "requesting Party" - a Party that requests the other Party to send assistance teams, appropriate equipment and supplies; "providing Party" - a Party that satisfies the request of the other Party to send assistance teams, appropriate equipment and support materials; "assistance groups" - groups of specialists, vehicles, equipment of the assistance group and provided with the necessary equipment; "equipment" - materials, technical means, vehicles, equipment of the assistance group and personal equipment used to provide assistance; "support materials" - material intended for free distribution among the population affected by a natural disaster or accident; "competent authority" is the body appointed by the Parties to coordinate the work related to the implementation of this Agreement.

 Article 2 The parties will cooperate in the following areas: 1. Development of methods and adoption of measures to increase the capabilities of the Parties in the field of prevention of industrial accidents, natural disasters and elimination of their consequences. 2. Organization of an operational exchange of information: a) on industrial accidents and natural disasters that have prerequisites for cross-border spread in the territory of the States of the Parties; b) on requests and proposals from the Parties for mutual assistance, as well as assistance from relevant international organizations. 3. Provision of mutual assistance to eliminate the consequences of emerging industrial accidents and natural disasters. 4. Ensuring cooperation of the Parties with international organizations in the field of prevention and elimination of industrial accidents and natural disasters.

Cooperation in the above-mentioned areas will be based on the principles of equality and mutual benefit.

Article 3

Cooperation under this Agreement includes: 1. Organization and monitoring of dangerous man-made and environmental processes, as well as natural phenomena. 2. Forecasting of industrial accidents, natural disasters and assessment of their consequences. 3. Training and retraining of personnel. 4. Exchange of information and technologies. 5. Organization of joint conferences, seminars and workshops. 6. Joint planning, development and implementation of research projects and their demonstrations. 7. Preparation of publications, reports and case studies. 8. Ensuring communication between the competent authorities of the Parties. 9. Elimination of consequences of industrial accidents and natural disasters. 10. Any other activity related to the prevention of industrial accidents, natural disasters and the elimination of their consequences, which may be agreed upon by the competent authorities.  

Article 4 In order to implement the provisions of this Agreement, the Parties will establish the Kazakh-Georgian Commission for Cooperation in the Field of Emergency Prevention and Response, the terms of establishment, functions and working procedure of which will be determined by the competent authorities. The meeting of the commission will be held annually, as well as as necessary in the Republic of Kazakhstan and Georgia, unless otherwise agreed by the competent authorities of the Parties.  

Article 5 For the Republic of Kazakhstan, the competent authority is the Committee of the Republic of Kazakhstan on Emergency Situations. The competent authority for Georgia is the Department of Emergency Situations and Civil Defense of the Ministry of Internal Affairs of Georgia. Each of the parties will immediately notify the other Party in the event that the competent authority is deprived of the authority to perform the functions assigned to it. The notifying Party will inform the other Party as soon as possible, but no later than thirty days from the date of notification, of the name of the institution to be appointed as the successor to the former competent authority of the Parties.

 Article 6 The competent authorities of both Sides will establish direct contacts in order to coordinate the implementation of this Agreement. Meetings of representatives of the competent authorities of the Parties will be held as necessary to plan and coordinate joint activities and review the implementation of this Agreement.  

Article 7 All activities under this Agreement, including the exchange of information, as well as the implementation of other activities based on this Agreement, will be conducted in accordance with the laws of each of the Parties and subject to the availability of the necessary funds from each of them. The Party receiving representatives of the other Party participating in the activities provided for in this Agreement and not directly related to the provision of assistance to eliminate the consequences resulting from industrial accidents and natural disasters, shall pay all costs associated with staying in the territory of the host Party, unless otherwise agreed by the Parties. Travel to and from the territory of the receiving Party is paid for by the sending Party.

 Article 8 The elimination of industrial accidents and natural disasters is carried out by the forces and means of the Party in whose territory they originated. If the scale of the disaster is such that the affected Party cannot independently cope with its localization and liquidation, then assistance in carrying out emergency rescue operations is provided by the other Party upon official request for help. The actions of all forces performing emergency rescue and other urgent work in the disaster zone are directed by the competent authority of the requesting Party, and in the disaster zone covering the territories of the States of both Parties - by the competent authorities of both Parties jointly. The forces and means of the Parties, which they deem possible, may be used to carry out rescue, emergency recovery and other work on the terms of subsequent reimbursement of the costs incurred at the expense of the requesting Party or in the form of gratuitous assistance, depending on the agreement of the Parties. The providing Party shall bear the costs and compensation for losses related to injury or death of the participants (specialists) of the assistance group, if this happened during the implementation of the provisions of this Agreement.  

Article 9 In the event of industrial accidents and natural disasters, assistance will be provided by immediately sending assistance teams with the necessary equipment and materials to the area where this happened to save people, material assets and protect the environment. The equipment of the groups arriving to provide assistance should be sufficient to conduct autonomous operations on the spot for at least 7 days. In the subsequent period after the end of the stocks, the provision of these groups with everything necessary for their operation is carried out by the requesting Party, unless otherwise agreed by the Parties. The assistance teams are located at the expense of the requesting Party. If necessary, they are provided with appropriate gratuitous medical care by the requesting Party.

 Article 10 In order to ensure the effectiveness and necessary promptness in the provision of assistance, the Parties undertake to limit to a minimum the implementation of formalities established by national legislation when crossing the State border by aid groups. The head of the assistance team presents a group certificate at the border crossing point, certifying the direction of the group for assistance, and all members of the group present their passports or other identification documents. The specified certificate is issued by the competent authority of the relevant Party. In cases of special urgency, the group certificate can be replaced by a list of members of the assistance group compiled at the checkpoint, followed by the issuance of a group certificate.  

Article 11 The Parties shall facilitate customs clearance upon entry into and exit from the territories of both Parties of assistance teams, equipment and support materials necessary for cooperation under this Agreement in a simplified form and in a priority manner in accordance with the legislation of the States of the Parties. Equipment and support materials are exempt from Customs duties and must be used or distributed during relief operations or removed from the territory of the requesting Party upon their completion. If, due to special circumstances, it is not possible to remove the security equipment and materials, the competent authorities of the providing Party should inform the Customs authorities of the requesting Party about the origin, degree of use and safety, quantity and location of such equipment and security materials. In case of urgent medical care, in accordance with the legislation of the requesting Party, it is allowed to import into the territory of its State the necessary amount of medicines containing narcotic substances. Such medicines are used exclusively by qualified medical personnel in accordance with the rules established by each Party.

 Article 12 The procedure for reimbursement of expenses incurred by aid groups, including expenses related to the loss or total or partial destruction of imported equipment, is regulated by agreement of the Parties.

 Article 13 Upon completion of the assistance work, the competent authority of the providing Party shall send a written report on the work carried out to the competent authority of the requesting Party. The competent authority of the requesting Party shall send to the competent authority of the providing Party a final report on the activities of the assistance teams, which describes the emergency situation, the type and amount of assistance received, and the results of the work carried out.  

Article 14 With regard to activities carried out under this Agreement, each Party, in accordance with the legislation of its State, will ensure the entry into and exit from its territory of representatives of the other Party, regardless of whether they are associated or not with competent authorities, as well as the necessary access to relevant institutions, organizations and sources of information.  

Article 15 Information obtained as a result of activities carried out under this Agreement, with the exception of information that is not subject to disclosure in accordance with the laws of the Parties, shall be published on the basis of the usual practices and rules of the Parties, unless otherwise agreed in writing by the competent authorities of the Parties.

 Article 16 of this Agreement does not affect the rights and obligations of the Parties arising from their participation in international agreements and international organizations.  

Article 17 Differences in the interpretation and application of this Agreement, which cannot be resolved through consultations between the competent authorities, shall be regulated through diplomatic channels.

 Article 18 By mutual agreement, the Parties may make necessary additions and amendments to this Agreement, which are formalized by protocols and are an integral part of this Agreement.

 Article 19 This Agreement shall enter into force on the date of the last written notification that the Parties have completed the internal procedures necessary for its entry into force and shall be valid for five years. Its validity will then be extended for the next five-year periods, unless either Party declares in writing its desire to terminate this Agreement at least six months before the expiration of the next five-year period.

The termination of this Agreement will not apply to any activity that was started before the termination of its validity, but was not completed at the time of termination of the Agreement.

Done in Almaty on November 11, 1997, in two originals, each in the Kazakh, Georgian and Russian languages, all texts being equally authentic. For the purposes of interpreting the provisions of this Agreement, the text in Russian is used.

President

Republic of Kazakhstan

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