On ratification of the Agreement on Operational Equipment of the Territory, Joint Use of Military Infrastructure Facilities of the Member States of the Collective Security Treaty Organization

Home / RLA / On ratification of the Agreement on Operational Equipment of the Territory, Joint Use of Military Infrastructure Facilities of the Member States of the Collective Security Treaty Organization

Law of the Republic of Kazakhstan dated May 20, 2005 No. 52

To ratify the Agreement on the Operational Equipment of the Territory and the Joint Use of Military Infrastructure Facilities of the Organization's Member States Collective Security Treaty Agreement, signed in Astana on June 18, 2004.

President of the Republic of Kazakhstan

 AGREEMENT on operational equipment of the Territory, joint use of military infrastructure facilities of the member States of the Collective Security Treaty Organization <*>

(Entered into force for the Republic of Kazakhstan on August 25, 2005 - Bulletin of International Treaties of the Republic of Kazakhstan, 2006, No. 4, art. 34)

The member States of the Collective Security Treaty Organization (hereinafter referred to as the Organization), hereinafter referred to as the Parties, guided by the provisions of the Collective Security Treaty of May 15, 1992, the Charter of the Collective Security Treaty Organization, Agreement on the status of formations of forces and means of the collective security system dated October 11, 2000, for the purpose of operational equipment of the territory and joint use of military infrastructure facilities in the interests of ensuring military security of the Contracting Parties have agreed on the following:

 Article 1

This Agreement defines the procedure for the operational equipment of the territory and the joint use of military infrastructure facilities of the Parties in the interests of coalition (regional) groupings of troops (forces).

 Article 2

In this Agreement, the following terms mean:

"operational equipment of the territory" is a system of organizational, engineering, technical and other measures carried out with the aim of creating, developing and maintaining military infrastructure;

"military infrastructure" is a system of stationary facilities and individual structures in a region (strategic area) located on the territory of the Parties, which are the basis for the deployment of national armed forces, coalition (regional) groups of troops (forces), conducting military operations and providing combat and operational training of troops.;

"military infrastructure facilities" - command posts of troops (forces), nodes and communication lines, locations of troops (forces), a system of engineering fortifications and barriers, fortified areas, positions, objects of air defense forces and means, airfields, training centers, ranges, pipelines, railways and highways, arsenals, bases, warehouses, medical institutions, enterprises for the repair of military equipment, other facilities used by troops (forces) Parties involved in daily activities in peacetime and planned for use in wartime;

"third party" means a party that is not a member State of the Collective Security Treaty Organization and a party to this Agreement.

 Article 3

In order to implement the provisions of this Agreement, the authorized bodies of the Parties are their Ministries of Defense.

 Article 4

The authorized bodies of the Parties shall develop, in accordance with the legislation of the Parties and submit to the Collective Security Council for approval by the Rules of Procedure of the CSTO bodies, a List of military infrastructure facilities for joint use by coalition (regional) groupings of troops (forces) (hereinafter referred to as the List) and a long-term plan for their creation, development and maintenance.

 Article 5

The authorized bodies of the Parties shall provide each other with tactical and technical data of existing and planned military infrastructure facilities allocated for joint use, with the exception of facilities included in the "List of high-security (especially important) and high-security facilities of the state", information about which, in accordance with the national legislation of the Parties, constitute a state secret, and submit applications for their joint use. The procedure for submitting applications for the joint use of military infrastructure facilities is determined by the decision of the Council of Ministers of Defense of the Organization.

 Article 6

The Parties shall exchange information on the tactical and technical data of military infrastructure facilities intended for joint use, their creation and development, containing information constituting a state secret of the Parties and ensure their safety, in accordance with multilateral and bilateral agreements between the Parties.

 Article 7

The Parties maintain the existing military infrastructure facilities included in the agreed List for joint use in readiness for joint use. In the interests of ensuring collective security, the Parties are taking measures to develop (expand, modernize and reconstruct) them, as well as to create new military infrastructure facilities. The maintenance, development and creation of military infrastructure facilities for joint use is carried out by the Parties independently or on the basis of equity participation in financing the costs associated with these activities.

 Article 8

Financing of measures for the operational equipment of the territory in the interests of ensuring collective security on the basis of shared participation of the Parties is carried out:

- in relation to the existing military infrastructure facilities included in the List - in accordance with the long-term plan for the creation, development and maintenance of military infrastructure facilities for joint use by coalition (regional) groups of troops (forces) or separate bilateral programs of the Parties;

- with regard to newly created military infrastructure facilities - in accordance with bilateral and multilateral international agreements concluded by the authorized bodies of the Parties for each specific facility.

Proposals on the size of the shares of each of the Parties in financing the costs associated with these activities are developed and agreed upon by the authorized bodies of the Parties and, on behalf of the Collective Security Council, are submitted for consideration and approval by the Governments of the Parties.

 Article 9

Military infrastructure facilities, which are created on the principle of shared participation of the Parties, are jointly owned by the Parties. The share of each of the Parties is determined by the ratio of financial and material costs of each of the Parties for new construction or participation in the development of a specific military infrastructure facility intended for joint use.

 Article 10

The procedure for the joint use of military infrastructure facilities located on the territory of a Party where, at its request, military formations of other Parties arrive to prevent and repel external military aggression or to conduct counter-terrorism operations, as well as those located on the territory of other Parties and involved in the transit and operation of these formations, is carried out in accordance with the provisions of Agreement on the status of formations of forces and means of the collective security system dated October 11, 2000.

 Article 11

The joint use of military infrastructure facilities included in the List in peacetime for conducting command and staff and military exercises is carried out on the basis of preliminary applications and plans for joint exercises, while the costs of using these facilities during these events are borne by the receiving Party, with reimbursement by the Parties participating in the exercises to the receiving Party for the actual costs. Damage caused to a military infrastructure facility during an exercise is reimbursed by the Party that caused the damage. The procedure for compensation of damages is determined by the conciliation commission, created from representatives of the authorized bodies of the parties.

 Article 12

For individual objects (groups of objects) of military infrastructure, the authorized bodies of the Parties, if necessary, coordinate and approve the procedure for their joint use.

 Article 13

In the event of withdrawal from this Agreement of the Party on whose territory measures for major repairs, expansion, reconstruction and new construction of military infrastructure facilities intended for joint use were carried out, this Party, in accordance with the terms and forms of settlements accepted in international trade practice, reimburses the other Parties involved in financing these activities the amount of funds determined by jointly by the Parties, equivalent to the value of their share in the military infrastructure facility after its joint use. In this case, the military infrastructure facility becomes the property of the Party that withdrew from this Agreement and reimbursed the other Parties for their respective shares. In the event of withdrawal from this Agreement by a Party that participated in financing major repairs, expansion, reconstruction and new construction of military infrastructure facilities on the territory of the other Party, it shall be reimbursed, in accordance with the terms and forms of settlement accepted in international trade practice, the amount of funds determined by the Parties equivalent to the actual value of its share in the military infrastructure facility.. At the same time, the Party that has withdrawn from this Agreement undertakes not to allow a third party(s) The Party(s) to the jointly used military infrastructure facilities, as well as not to sell or transfer these facilities to a third party(s) To the Party(s) without the consent of the Parties involved in the development of design estimates, technological, technical documentation for their repair, expansion, reconstruction and new construction, who supplied military products, equipment and technologies, as well as to ensure the safety of information, which constitute a state secret of the States Parties to this Agreement.

 Article 14

The movement of equipment, materials, military products and vehicles across the customs borders of the Parties for capital repairs, expansion, reconstruction and new construction of military infrastructure facilities is carried out without the use of non-tariff regulatory measures and the collection of all types of duties, taxes and fees based on the lists of the above funds agreed by the authorized bodies of the sending and receiving Parties in accordance with specifications approved in accordance with the established procedure as part of the design and estimate documentation for these costs. The movement of military products for the same purposes is carried out in accordance with the Agreement on the Basic Principles of Military-Technical Cooperation between the States Parties to the CSTO dated May 15, 1992 and other documents adopted in its development, unless other multilateral agreements have been concluded between the parties in this regard.

 Article 15

Coordination of the issues of submitting applications for the joint use of military infrastructure facilities for the Member States of the Organization and the implementation of this Agreement is carried out by the Joint Headquarters of the Organization.

 Article 16

In order to ensure the fulfillment of their obligations in the field of operational equipment of the territory and joint use of military infrastructure facilities, the authorized bodies of the Parties jointly develop the following methods as annexes to this Agreement, approved by the Governments of the Parties:

to determine the size of the Parties' shared contributions to finance the creation, development and maintenance of military infrastructure facilities, and joint work on them;

to determine the actual cost of military infrastructure facilities before carrying out work on their joint repair, modernization, reconstruction and expansion;

to determine the actual cost of military infrastructure facilities after their joint use;

to determine the amount of compensation by the Party withdrawing from the Agreement to other Parties for expenses related to their participation in the creation, development and maintenance of military infrastructure facilities.

 Article 17

The provisions of this Agreement do not affect the obligations assumed by the Parties in accordance with other international treaties, and do not limit the rights of the Parties to participate in any other bilateral and multilateral forms of international cooperation.

 Article 18

This Agreement shall enter into force on the date of receipt by the depositary of the fourth written notification that the signatory Parties have completed the internal procedures necessary for its entry into force. For the Parties that have completed the necessary internal procedures later, this Agreement shall enter into force on the date of delivery of the relevant written notification to the depositary.

 Article 19

This Agreement is valid for the duration of the Collective Security Treaty of May 15, 1992.

 Article 20

This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized by separate protocols that are an integral part of this Agreement and enter into force in accordance with the procedure provided for the entry into force of this Agreement.

 Article 21

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

 Article 22

Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 months before the withdrawal, having settled the financial and other obligations that have arisen during the validity of this Agreement.

Done in Astana on June 18, 2004, in one original copy in the Russian language. The original copy of this Agreement shall be kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each signatory State.

For the Republic of Armenia For the Kyrgyz Republic

For the Republic of Belarus For the Russian Federation

For the Republic of Kazakhstan For the Republic of Tajikistan

President

Republic of Kazakhstan

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