On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of civil defense, prevention and Liquidation of emergency situations
The Law of the Republic of Kazakhstan dated January 13, 2015 No. 278-V SAM
To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of civil defense, prevention and elimination of emergency situations, signed in Astana on October 6, 2010.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of civil defense, prevention and liquidation of emergency situations
Entered into force on February 3, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 2, art. 18
The Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan, hereinafter referred to as the Parties, striving to strengthen the traditional friendly relations between the two peoples, recognizing that the development of cooperation between the States of the Parties in the field of civil defense, prevention and elimination of emergency situations contributes to improving the well-being and national security of their populations, aware of the danger posed to the States of the Parties by emergencies, Considering the benefits for the States of the Parties of the exchange of scientific and technical information in the field of civil defense, prevention and elimination of emergency situations, agreed on the following:
Article 1 Subject of the Agreement
This Agreement defines the interaction of the Parties in the field of civil defense, prevention and liquidation of emergency situations, training of specialists in the field of emergency situations to provide voluntary and mutual assistance in the event of a disaster or other disaster.
Article 2 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 - A Party that satisfies the request of the Requesting Party to send teams to provide assistance, equipment and supplies; assistance group - a group of specialists (including military personnel) designed to provide assistance, provided with the necessary equipment; An emergency situation is a situation in a certain territory that has arisen as a result of an accident, disaster, natural disaster or other disaster that has caused or may cause human casualties, damage to human health, the environment and economic facilities, significant material losses and disruption of people's living conditions.; Emergency prevention is a set of measures carried out in advance and aimed at maximizing the risk of emergencies, preserving human health and life, reducing environmental damage and material losses in the event of these situations.; emergency response - rescue, emergency recovery and other urgent work carried out in case of emergency situations and aimed at saving lives and preserving human health, reducing damage and material losses, as well as localizing emergency zones; emergency zone - the territory in which an emergency situation has developed; equipment - materials, technical and transport equipment, aid group equipment and personal equipment of the group members; support materials are material resources intended for free distribution among the population affected by an emergency.
Article 3 Competent authorities
The Parties shall appoint competent authorities for the implementation of this Agreement.: from the Kazakh side - the Ministry of Emergency Situations of the Republic of Kazakhstan; from the Azerbaijani side - the Ministry of Emergency Situations of the Republic of Azerbaijan. The Parties shall immediately notify each other through diplomatic channels of changes in the names of their competent authorities and the transfer of their functions to other bodies.
Article 4 The Working Group
1. To implement measures to implement the provisions of this Agreement, the Parties establish a working group on cooperation in the field of civil defense, prevention and elimination of emergency situations (hereinafter referred to as the working group). 2. The composition, working procedure and tasks of the working group will be determined by the competent authorities of the Parties.
Article 5 Forms of cooperation
All 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 from each of the Parties. Cooperation under this Agreement may take the following forms: exchange of information on forecasting, prevention and assessment of emergency situations; exchange of experience in organizing public training for emergency situations, including first aid; organization of interaction between interested government agencies for the prevention and elimination of emergency situations; assessment of the risk to the environment and the public in connection with possible pollution as a result of industrial accidents or natural disasters; joint planning, development and implementation of research projects, exchange of scientific and technical literature and research results, scientific and methodological materials, in particular- including in personnel work; exchange of information, periodicals, methodological literature, video and photographic materials; organization of joint conferences, seminars, workshops, exercises and trainings; preparation of joint publications and reports; training, retraining, advanced training and internship of specialists in the field of civil defense, prevention and elimination of emergency situations; assessment of equipment and support materials used assistance groups; mutual assistance in emergency situations; any other forms of cooperation by mutual agreement of the competent authorities of the Parties.
Article 6 Cooperation between organizations and institutions
The Parties shall promote cooperation between government agencies, other organizations of the States of the Parties engaged in activities in the field of civil defense, prevention and liquidation of emergency situations.
Article 7 Conditions of reception of representatives of the Parties
When participating in the work of a working group that is not directly related to emergency response assistance, the sending Party shall bear the costs of travel, accommodation and meals for its representatives, and the receiving Party shall bear the costs of organizing joint conferences, seminars, workshops, exercises and trainings, as well as the relocation of representatives of the sending Party to its territory. States, unless otherwise agreed by the Parties.
Article 8 Provision of assistance
1. Assistance in emergency situations is provided by the Parties on the basis of an official request through diplomatic channels. In case of urgency, such a request is made orally and is subject to further written confirmation as soon as possible. 2. The request must contain all information about the nature of the emergency situation, the types and amounts of assistance needed. 3. Assistance in the liquidation of an emergency situation is provided by sending teams to provide assistance, equipment, support materials, or in any other requested form. 4. The party that received the request has the right to refuse to fulfill the request. 5. The Party that received the request shall review it as soon as possible and inform the requesting Party about the possibility, form, scope, and conditions of assistance, indicating the composition of the assistance teams, the expertise of the experts, and the imported equipment and support materials. The type of transport used to arrive at the emergency zone and the planned state border crossing point are also indicated.
Article 9 Conditions of assistance
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1. The requesting Party shall bear the costs of accommodation for the assistance groups of the Providing Party. 2. The requesting party shall bear the cost of meals in the case provided for in paragraph 7 of this article. 3. The Requesting Party shall provide medical care to the groups of the Providing Party during their stay in the territory of the Requesting State on the basis of insurance policies of the members of the assistance groups. 4. The requesting party may cancel its request for assistance at any time. In this case, the Requesting Party reimburses the costs incurred to the Providing Party on the basis of a report on the results of the work done. The costs must be reimbursed by the Requesting Party within 30 calendar days from the date of cancellation of the request for assistance. 5. The providing party provides insurance for the members of the assistance groups. Insurance costs are included in the total cost of assistance. 6. 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 communication facilities, as well as ensures security and coordinates their actions. 7. The equipment of the relief teams should be sufficient to conduct autonomous operations in the emergency zone for 3 days. Upon completion of the equipment stocks, the Requesting Party provides the specified groups with the necessary means for their further work.
Article 10 Management of assistance activities
1. The management of the assistance teams is carried out by the competent authority of the Requesting Party through the heads of these teams. 2. In order to carry out the task set by the Requesting Party, the Providing Party's assistance teams remain under the exclusive supervision of their supervisors. 3. Members of the Providing Party's assistance teams have access to all locations to perform work in the emergency zone designated by the Requesting Party.
Article 11 Conditions of crossing the State border and the regime of stay in the territory of the Requesting State
1. Each side simplifies the conditions for crossing the state border to ensure the early arrival of aid groups. 2. 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 competent authority of the Providing Party confirming his authority. 3. The members of the assistance teams are required to comply with the national legislation 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. Military personnel who are part of the assistance teams are subject to the national legislation of the State of the Providing Party regulating the status of military personnel in terms of labor relations and socio-economic guarantees. 4. Members of the Providing Party's assistance teams have the right to wear their uniforms during emergency response in the territory of the Requesting Party's State. 5. 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 competent authorities in consultation with the relevant government agencies. 6. Members of the Providing Party's assistance teams may not import weapons, ammunition, or explosives into the territory of the Requesting Party's State.
Article 12 Import and export of equipment and support materials for emergency response assistance
1. 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 the competent authorities. 2. The head of the assistance team must have a list of imported equipment and support materials issued by the competent authorities of the Providing Party. 3. Assistance teams are prohibited from transporting any items other than equipment and supplies to the territory of the Requesting Party. 4. 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 competent authority of the Requesting Party on agreed terms. In this case, it is necessary to notify the customs authorities of the Requesting Party, indicating the types, quantity and location of the transferred equipment. 5. The medical assistance team arrives with their equipment and supplies. If it is necessary to provide emergency medical care to the victims, the necessary amount of medicines containing narcotic and psychotropic substances 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 and psychotropic substances, indicating their nomenclature and quantity. 6. These medicines are used exclusively by qualified medical personnel in accordance with the national legislation of the Requesting State and are not subject to transfer to the Requesting Party. The requesting party has the right to carry out checks on the use of drugs at the place of their use. 7. Unused medical preparations containing narcotic and psychotropic substances are subject to export under the customs control of the Requesting Party.
Article 13 Use of aircraft
1. The competent authority of the Providing Party shall inform the competent authority of the Requesting Party of its intention to use aircraft for assistance. If the Requesting Party agrees to use the aircraft, the Providing Party must indicate the affiliation, purpose of use of the aircraft, the exact type and markings, routes, number of crew members, type of cargo, location and time of takeoff and landing of the aircraft. 2. The requesting Party authorizes the flight of aircraft to a certain point on the territory of its State. 3. The national legislation of the State of each of the Parties concerning air traffic shall be applied, in particular, when transmitting flight information to the authorities responsible for air traffic. Flights are carried out in accordance with the rules established by the International Civil Aviation Organization and the States of the Parties.
Article 14 Completion of work
1. After the completion of the assistance work, when the Requesting Party returns the provided equipment and support materials to the Providing Party, the Requesting Party informs the person of the Providing Party responsible for the equipment and support materials and the competent authorities of the Providing Party. 2. The providing Party shall inform the Requesting Party in due course in writing in the event of termination of the allocation of equipment and support materials. In turn, the Requesting Party shall communicate the information provided to the person of the Requesting Party responsible for the equipment and support materials. 3. The decision of the Providing Party on the completion of the work shall enter into force immediately and shall not be subject to dispute. 4. 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 incident, which includes, first of all, a description of an industrial accident, disaster or natural disaster, the type and amount of assistance received, and the results of the work carried out.
Article 15 Reimbursement of expenses
1. The requesting Party shall reimburse the Providing Party for the costs associated with the provision of assistance, unless otherwise agreed by the Parties. 2. 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. 3. The requesting party reimburses the fuel costs of the aircraft.
Article 16 Compensation for damage
1. The requesting party shall bear the costs of compensation in the event of death or injury of members of the assistance teams, if such damage is caused during the performance of assistance work. Compensation is paid in the form of a benefit to this member of the group or his direct heirs. The amount of compensation is determined according to the national legislation of the State of the Providing Party. 2. The requesting party shall compensate a third party who is not a member of the relief teams in case of damage caused to him by the relief teams while performing tasks related to emergency response assistance. Damage is compensated in accordance with the provisions of the national legislation of the Requesting State, which are applied in the event of damage caused during the elimination of consequences of natural and man-made emergencies on their own. 3. The competent authorities of the Parties shall exchange all necessary information regarding the work during which the damage referred to in this article was caused. 4. Damage caused by a member of the Providing Party's assistance team intentionally or through gross negligence is subject to compensation by the Providing Party. 5. The terms and procedure for compensation of damage by the Parties should be additionally regulated by damage compensation agreements concluded between the relevant authorities and institutions of the States of the Parties.
Article 17 Financing of cooperation
Cooperation and assistance under this Agreement shall be carried out within the limits of the means provided for by the national legislation of the States of the Parties.
Article 18 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.
Article 19 Other obligations and international treaties
This Agreement does not affect the rights and obligations of the States of the Parties arising from other international treaties to which their States are parties.
Article 20 Dispute resolution
Disputes and disagreements regarding the interpretation or application of the provisions of this Agreement are resolved through negotiations and consultations between the Parties.
Article 21 Final provisions
1. This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. 2. This Agreement shall remain in force until the expiration of six months from the date of receipt by one of the Parties through diplomatic channels of a written notification by the other Party of its intention to terminate this Agreement. 3. Amendments and additions to this Agreement are made by mutual agreement of the Parties, are integral parts of this Agreement and are formalized by separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this Article. 4. The termination of this Agreement will not affect the activities carried out in accordance with it, which were initiated but not completed by the date of termination, unless the Parties agree otherwise.
Done in Astana on October 6, 2010, in two original copies, each in the Kazakh, Azerbaijani and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the text in Russian.
For the Government For the Government of the Republic of Kazakhstan The Republic of Azerbaijan
RCPI's note! The text of the Agreement in Azerbaijani is attached below.
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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