On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on industrial, Scientific and Technical Cooperation of Defense industry organizations

The Law of the Republic of Kazakhstan dated March 5, 2019 No. 235-VI SAM.

      PRESS RELEASE      

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on industrial, scientific and technical cooperation of defense industry organizations, signed in Minsk on November 29, 2017.      

     President     Republic of Kazakhstan

N. NAZARBAYEV    

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on industrial, scientific and technical cooperation of defense industry organizations    

     (Entered into force on April 1, 2019 - Bulletin of International Treaties of the Republic of Kazakhstan 2019, No. 3, Article 29)    

      The Government of the Republic of Kazakhstan and the Government of the Republic of Belarus, hereinafter referred to as the Parties,  

     In order to ensure favorable conditions for economic, industrial, scientific and technical cooperation between organizations of the defense industries of the States of the Parties, agreed on the following:

Article 1  

     For the purposes of this Agreement, the following basic terms and definitions apply:

     military products - weapons, military equipment, documentation, military works and services, results of intellectual activity, including exclusive rights to them (intellectual property), and scientific and technical information in the military field, as well as any other products classified by the national legislation of the States of the Parties as military products;

     Dual-use goods are raw materials, materials, equipment, technologies, works, and services that are used for civilian purposes, but which, due to their characteristics and properties, can be used to create weapons of mass destruction (destruction), their means of delivery, and other types of weapons and military equipment.;

      defense industry organizations are organizations that, in accordance with the national legislation of the States of the Parties, have the right to an appropriate type of activity in relation to the development, production, commissioning, installation, repair and modernization of weapons, special and military equipment, and organizations that have received the right to foreign trade activities in relation to military products and (or) dual-use goods..  

Article 2  

     The Parties maintain and develop, on a mutually beneficial basis, industrial, scientific and technical cooperation between organizations of the defense industries in the following areas:

     development, production, commissioning, installation, modernization and repair of military products, as well as dual-use goods;

     provision of military-technical services;

     supplies of materials, semi-finished products, components, educational and auxiliary equipment for their own needs, necessary for the development, production, commissioning, installation, modernization and repair of military products, as well as dual-use goods.

Article 3  

     Mutual supplies of materials, semi-finished products, components, and other material resources necessary for the development, production, commissioning, installation, modernization, and repair of military products or dual-use goods, as well as the provision of military-technical services, are carried out in accordance with agreed lists drawn up on the basis of contracts (agreements). Extracts from the lists are the basis for the movement of products supplied under this Agreement across the state border of the States of the Parties.

     The specified lists, containing lists of organizations that supply and (or) provide military-technical services, the nomenclature and volumes of products, are subject to annual approval by the authorized bodies of the Parties.

     When ordering materials, semi-finished products, components and other material resources necessary for the development, production, commissioning, installation, modernization and repair of military products or dual-use goods, as well as the provision of military-technical services, a civilian manufacturing enterprise may also act as a counterparty to the organization of defense industries of the state of one Party. the States of the other Side.

      The products supplied under this Agreement are not subject to quotas and licensing.  

Article 4  

     Mutual settlements are carried out at contractual prices in accordance with the national legislation of the States of the Parties.

     The organizations of the defense industries of the States of the Parties that have concluded them are responsible for the fulfillment of contracts (agreements).

Article 5  

     The authorized bodies of the Parties for the implementation of this Agreement are:

     from the Kazakh side - the Ministry of Defense and Aerospace Industry of the Republic of Kazakhstan, the Ministry of Defense of the Republic of Kazakhstan;

     from the Belarusian side - the State Military-Industrial Committee of the Republic of Belarus.

     In the event of a change in the name or functions of the authorized bodies, the Parties notify each other through diplomatic channels.

Article 6  

      Products supplied under this Agreement are not subject to direct re-export and transfer to third countries, including foreign individuals, legal entities or international organizations, without the prior written consent of the authorized body of the State of the supplying Party.  

      The consent of the authorized body of the State of the supplying Party is not required in the case of export outside the state of the other Party of products as part of other military products or dual-use goods obtained as a result of the production activities of organizations of the defense industries of the State of this Party.  

      The Parties shall ensure the protection of intellectual property transferred or created under this Agreement and subsequent agreements on its implementation, and take measures to exclude its unauthorized use, in accordance with the national legislation of the State of each of the Parties, as well as in accordance with international treaties to which the States of the Parties are parties.  

Article 7  

     Quality control and acceptance of products supplied under this Agreement is carried out by the military missions of the States of the Parties in organizations of the defense industries in accordance with regulatory legal acts, technical and technological documentation of the state of the Party producing these products.

     When manufacturing products at civilian enterprises, quality control and acceptance of these products is carried out in accordance with the procedure established by regulatory legal acts in the field of technical regulation (standardization and standardization) of the State of the Party manufacturing these products.

Article 8  

     The information received under this Agreement is used by each of the Parties solely for the purpose of its implementation and may be transferred to a third party only in cases and to the extent provided for by the international obligations of the States of the Parties.

     In other cases, the transfer of information to a third party is carried out by written agreement with the Party that provided such information.

     In the event of termination of this Agreement, the obligations of the Parties provided for in this Article shall remain in force.

Article 9

      This Agreement does not affect the rights and obligations of the States of the Parties under other international treaties and other international obligations of the States of the Parties to which they are parties.  

Article 10  

     Disputes related to the application or interpretation of this Agreement are resolved by the Parties through consultations and negotiations.

Article 11  

      By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of this Agreement, which are formalized by separate protocols that enter into force in accordance with Article 12 of this Agreement.    

Article 12    

      This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.  

      Either Party may terminate this Agreement by notifying the other Party in writing through diplomatic channels. In this case, this Agreement shall terminate upon the expiration of six months from the date of receipt by the other Party of such written notification.    

      The termination of this Agreement does not affect the fulfillment of contracts (agreements) between organizations of the defense industries of the States of the Parties that were initiated earlier under this Agreement, except in cases where there is another written agreement with respect to them.    

      Done in Minsk on November 29, 2017, in two copies, each in the Kazakh and Russian languages, all texts being equally authentic.    

      In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian.    

For the Government  

Republic of Kazakhstan  

For the Government  

Republic of Belarus  

President    

Republic of Kazakhstan     

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