On ratification 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 Liquidation of emergency situations

The Law of the Republic of Kazakhstan dated December 21, 2011 No. 513-IV

     To ratify 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 liquidation of emergency situations, signed in Astana on June 16, 2009.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of of the Kyrgyz Republic on cooperation in the field of civil defense (protection), prevention and liquidation of emergency situations

(Entered into force on February 3, 2012 - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 3, Article 29)

     The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties, striving to strengthen the traditional friendly relations between the two peoples, guided by the goals and principles The Treaty of Eternal Friendship between the Republic of Kazakhstan and the Kyrgyz Republic dated April 8, 1997, recognizing that cooperation in the field of civil defense (protection), prevention and elimination of emergency situations can contribute to the well-being and national security of the States of the Parties, realizing the danger, which emergency situations bring to the States of the Parties, taking into account the benefits for the States of the Parties of exchanging scientific and technical information in the field of civil defense (protection), prevention and liquidation of emergency situations, 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 by both States in order to prevent and eliminate emergencies, taking into account the role of the United Nations, other international organizations in the field of emergency prevention and response, have agreed on the following:

  Article 1 Terms used in this Agreement

     The terms used in this Agreement have the following meanings:       Requesting Party - A Party that requests the other Party to send teams to provide assistance, equipment and supplies;       Providing Party - The Party that satisfies the request of the other Party to send a group to provide assistance, equipment and supplies; authorized body - the body appointed by each of the Parties to manage and coordinate the work related to the implementation of this Agreement;       assistance group - a group of specialists created specifically to send to the Requested party (including military personnel), designed to provide assistance; emergency situation - the situation in a certain territory that has developed as a result of an accident, a dangerous natural phenomenon, disaster, natural disaster or other disaster that may or may not result in human casualties, damage to human health or the environment, significant material losses and disruption of human living conditions;       Emergency prevention is a set of measures aimed at reducing the risk of emergencies as much as possible, as well as preserving human health, reducing environmental damage and material losses.;       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; emergency zone - the territory on which which has developed an emergency situation;       rescue operations - actions aimed at saving people, material and cultural assets, protecting the environment in an emergency zone, localizing emergencies and eliminating or reducing to the lowest possible level the hazards characteristic of them; equipment - materials, technical and transport means, equipment and personal equipment of the relief team; materials collateral is material assets intended for free distribution among the population affected by an emergency situation.

  Article 2 Authorized bodies

     The Parties shall appoint authorized bodies for the implementation of this Agreement.:       from the Kazakh side - the Ministry of Emergency Situations of the Republic of Kazakhstan; from the Kyrgyz side - the Ministry of Emergency Situations of the Kyrgyz Republic.       The Parties shall immediately notify each other through diplomatic channels of changes in the names of their authorized bodies and the transfer of their functions to other bodies.

  Article 3 Forms of cooperation

     Activities under this Agreement are carried out in accordance with the national laws of the States of the Parties and are subject to the availability of the necessary funds by each of the Parties. Cooperation under this Agreement provides for:       organization and monitoring of dangerous man-made and environmental processes, natural phenomena;       mutual notification of the state of potentially dangerous facilities and the environment, in case of threat and occurrence of emergency situations, during their development and possible consequences, measures taken to eliminate them; regular exchange of information on monitoring and forecasting of natural and man-made emergencies; exchange of experience in organizing the preparation of the population for emergency situations, in particular including first aid services;       organization and coordination of relevant government agencies in emergency response; assessment of the risk to the environment and the public in connection with possible pollution from industrial accidents, disasters and natural disasters; prevention and prompt notification of the possible occurrence of natural disasters on transboundary rivers; prevention and elimination of natural disasters;       joint planning, development and implementation of research projects, exchange of scientific and technical literature and research results; exchange of information, periodicals, methodological and other literature, video and photographic materials, as well as technologies; organization of joint conferences, seminars, workshops, exercises and trainings; preparation of joint publications and reports; training of specialists in educational institutions of the State of the other Party, exchange of interns, teachers, scientists and specialists;       ensuring interaction between authorized bodies; providing mutual assistance in equipping assistance teams; providing mutual assistance in emergency response; and other activities in the field of emergency prevention and response, which are coordinated by authorized bodies.

  Article 4 Cooperation between organizations and institutions

     The Parties shall promote cooperation between government agencies, other organizations, and individuals of the States of the Parties engaged in activities in the field of civil defense (protection), prevention and liquidation of emergency situations.

  Article 5 Joint Commission

     To implement measures to implement the provisions of this Agreement, the authorized bodies will establish a joint commission for cooperation in the field of civil defense (protection), prevention and elimination of emergency situations, determine its composition, functions and working procedure.

  Article 6 Fundamental conditions

     The Parties shall carry out coordinated activities in the field of ensuring industrial safety at hazardous production facilities by establishing industrial safety requirements for all stages of the existence of a hazardous production facility for the manufacture, installation, commissioning, maintenance and repair of technical devices used at hazardous production facilities, as well as industrial safety expertise.       The Parties shall ensure the confidentiality of the received documentation and information on the work carried out under this Agreement and the scientific and technical results achieved, if the transmitting Party stipulates their confidentiality.

  Article 7 Providing assistance

     Assistance is provided on the basis of a request in which the Requesting Party provides information on the nature of the emergency situation and indicates the types and amount of assistance needed.       The providing Party reviews the request as soon as possible and informs the Requesting Party about the possibility, scope and conditions of providing assistance.       The management of the assistance groups is carried out by the authorized body of the Requesting Party through the heads of these groups.

  Article 8 Types of assistance

Emergency response assistance is provided by sending teams to provide assistance, equipment, support materials, or in any other requested form.       Relief teams perform emergency rescue operations in the emergency area.       The requesting Party informs the heads of the Providing Party's assistance teams about the situation in the emergency zone and at specific work sites, if necessary, provides these groups with interpreters and means of communication, as well as provides security, free medical care, and coordinates their actions.       The equipment of the relief teams should be sufficient to conduct autonomous operations in the emergency zone for 72 hours. Upon completion of the equipment stocks, the Requesting Party provides the specified groups with the necessary means for their further work.

  Article 9 Conditions of crossing the State border by aid groups and the regime of their stay in the territory of the State Of the requesting party

     Members of the assistance teams cross the State border of the Requesting State through checkpoints open to international traffic, using their identity documents. The team leader must have a list of the members of the assistance team and a document issued by the authorized body of the Providing Party confirming his authority.       Members of the assistance teams are required to comply with the laws of that State during their stay in the territory of the Requesting State. At the same time, they are under the jurisdiction of the State of the Providing party in the field of labor legislation and related issues. The military personnel who are part of the assistance group are subject to the legislation of the State of the Providing Party regulating the status of a serviceman in terms of labor relations and socio-economic guarantees.       The movement of aid groups, the transportation of their equipment and support materials are carried out by road, rail, water or air transport.       The procedure for using these types of transport to provide assistance is determined by the authorized bodies in coordination with the relevant government agencies.

  Article 10 Import and export of equipment and support materials for emergency response assistance

     Equipment and support materials imported into the territory of the Requesting Party and exported from the territory of the Providing Party to assist in emergency situations are exempt from customs duties, fees and taxes.       Customs clearance of equipment and support materials is carried out as a matter of priority on the basis of notifications issued by authorized bodies, which indicate the composition of the assistance teams, the list of imported or exported equipment and support materials.       Aid groups are prohibited from transporting any goods other than equipment and supplies.       After the completion of the assistance work, the imported equipment must be exported from the territory of the Requesting State. If, due to special circumstances, it is not possible to remove the equipment, it may be donated as assistance to the authorized body of the Requesting Party on agreed terms. In this case, it is necessary to notify the competent authorities of the Requesting Party, indicating the types, quantity and location of the transferred equipment.       If it is necessary to provide emergency medical care to victims, the necessary amount of medicines containing narcotic drugs, psychotropic substances and precursors may be imported into the territory of the Requesting State. In this case, the head of the assistance team shall present to the customs authorities of the Providing and Requesting Parties a declaration on the availability of medicines containing narcotic drugs, psychotropic substances and precursors, indicating their nomenclature and quantity.       These medicines are not subject to transfer to the Requesting Party and are used exclusively by qualified medical personnel under the supervision of representatives of that Party.       Unused medicines containing narcotic drugs, psychotropic substances and precursors are subject to export under customs control of the Requesting Party on the basis of documents confirming the nomenclature and quantity of these medicines. For spent medicines containing narcotic drugs, psychotropic substances and precursors, the customs authorities of the Requesting Party shall be provided with an act on their use, signed by the head and doctor of the assistance group and certified by a representative of the competent authority of the Requesting Party.

  Article 11 Use of aircraft

     The authorized body of the Providing Party shall inform the authorized body of the Requesting Party of the decision to use aircraft for assistance, indicating their type and markings, route, number of crew members, nature of cargo, place and time of takeoff and landing. The requesting Party authorizes a flight to a specific point on the territory of its State.       In order to provide urgent assistance and expeditious transfer of forces and equipment by an aircraft of authorized bodies from the territory of one state to a designated emergency area on the territory of another state, the authorized bodies will develop and coordinate, in accordance with the established procedure, in accordance with the national legislations of the States of the Parties, additional instructions on the possibility of using aircraft and a mechanism for interaction between representatives of state bodies (border, customs, phytosanitary, quarantine services) of each country on the simplification of border crossing procedures by aircraft in emergency situations.       Flights are carried out in accordance with the rules established by the International Civil Aviation Organization and the States of the Parties.

  Article 12 Reimbursement of expenses

     The requesting Party shall reimburse the Providing Party for the costs associated with the provision of assistance, unless otherwise agreed by the Parties.       The requesting party may cancel its request for assistance at any time. In this case, the Providing Party is entitled to receive reimbursement of the expenses incurred by it.       Reimbursement of expenses shall be made immediately upon receipt of a request from the Providing Party, unless otherwise agreed by the Parties.       The providing party provides insurance for the members of the assistance groups. Insurance costs are included in the total cost of assistance.       The providing party is exempt from fees for the flight, landing, parking at the airfield and take-off from it of aircraft, as well as from fees for air navigation services.       The issue of reimbursement of expenses for fuel and maintenance of aircraft of the Providing Party will be resolved separately on a case-by-case basis.       The Parties shall independently bear the costs that will arise in the course of their implementation of this Agreement within the limits of the funds provided for in accordance with national legislation, unless a different procedure is agreed in each specific case.

  Article 13 Compensation for damage

     The requesting Party does not charge the Providing Party in the event of loss of life or injury, damage or destruction of property, or damage to the natural environment on the territory of its State. The requesting Party shall pay compensation to the Providing Party in the event of death or injury to persons, as well as in the event of destruction or damage to equipment or other property of this Party, if such damage is caused during the performance of tasks related to the implementation of this Agreement. The amount of compensation is negotiated separately on a case-by-case basis.       If a member of the Providing Party's assistance team causes damage to a legal entity or individual while performing tasks related to the implementation of this Agreement in the territory of the Requesting Party's State, the Requesting Party shall compensate the damage in accordance with the legislation of its State.       Damage caused by a member of the assistance team intentionally or through gross negligence is subject to compensation by the Providing Party.

  Article 14 Use of information

     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 national laws of the States of the Parties, shall be published and used on the basis of the usual practices and regulations of each of the Parties, unless otherwise agreed in writing by the authorized bodies.       The information may be transferred to third parties with the prior written consent of the submitting Party and its representatives in accordance with the national legislation of the State of such Party.

  Article 15 Dispute resolution

     Disputes and disagreements regarding the interpretation and (or) application of the provisions of this Agreement are resolved through negotiations and consultations between the authorized bodies of the Parties.

  Article 16 Final provisions

This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.       This Agreement remains in force until the expiration of six months from the date of receipt by one of the Parties of a written notification to the other Party of its intention to terminate this Agreement.       By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.       The termination of this Agreement will not affect the activities carried out in accordance with it, which were initiated but not completed before the termination of its validity, unless the Parties agree otherwise.

     Done in Astana on June 16, 2009, in two originals, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the text in Russian will apply.

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

     The RCPI's note. The following is the text of the Agreement in Kyrgyz.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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