On Ratification of the Protocol on the Procedure for Monitoring the Intended Use of Military Products Supplied under the Agreement on the Basic Principles of Military-Technical Cooperation between the States Parties to the Collective Security Treaty of May 15, 1992

Law of the Republic of Kazakhstan dated March 12, 2004 No. 535

    To ratify the Protocol on the Procedure for Monitoring the Intended Use of Military Products supplied under the Agreements on the basic principles of military-technical cooperation between the Participating States The Collective Security Treaty of May 15, 1992, signed in Chisinau on October 7, 2002.  

    President       Republic of Kazakhstan  

  Protocol   on the procedure for monitoring the intended use of products   military equipment supplied under the Agreement on the Basic Principles of Military-Technical Cooperation between the Participating States   Collective Security Treaty of May 15, 1992  

    Participating States The Collective Security Treaty of May 15, 1992, hereinafter referred to as the Parties, for monitoring the intended use of military products supplied under the Agreement on the Basic Principles of Military-technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992 (hereinafter referred to as the Agreement), guided by the Agreement adopted in Bishkek on October 11, 2000. By the decision of the Collective Security Council on the implementation of the Agreement and based on article 6 of this Agreement, agreed on the following:  

       Article 1  

    The party supplying within the framework of Agreements on military products (hereinafter referred to as the supplying Party) have the right to monitor their intended use.        The Party under control provides the necessary conditions for the supplying Party to monitor the availability and intended use of the supplied military products.  

    Article 2  

    The subject of the control is military products supplied on preferential terms in accordance with articles 1, 2, 6 and 10 (in the new numbering) Agreements.       The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 04.11.2006 No. 185.

    Article 3  

    The objectives of the control are: verification of the intended use of military products provided for by the Agreement and bilateral contracts (availability of military products supplied in the national armed forces, other troops, military formations, law enforcement agencies and special services, the validity of its write-off, including for irretrievable losses); verification of compliance with information protection measures related to the supply of military products that constitute a state secret of the supplying Party.       The footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 04.11.2006 No. 185; dated 10.10.2011 No. 482-IV (enters into force in accordance with the procedure provided for in Article 14 of the Agreement).

    Article 4  

    A specially authorized representative of the supplying Party has the right to be present at the decommissioning of samples of military products, including for irretrievable losses, as well as the destruction of components and components that carry information constituting a state secret of the supplying Party.  

    Article 5  

    The supplying Party, which has expressed a desire to carry out control, shall send a request for permission to carry out such control to the Party to be monitored no later than 15 days before the planned date. The request specifies the military products for which the supplying Party intends to carry out control, the desired timing of its implementation, the personal composition of the control group, as well as the technical means to be used during the control. The numerical composition of the control group, as a rule, should not exceed five people, unless otherwise agreed by the Parties.  

    Article 6  

    During their stay in the territory of the Party under control, the members of the monitoring group are required to comply with the legislation of that Party.  

    Article 7  

    The Party in respect of which control is supposed to be carried out has no right to refuse admission to the control group and, within ten days after receiving the request, but no later than five days before the expected date of the start of the inspection, notifies the supplying Party of its readiness to carry out control, specifying with it the timing of its conduct. The only exception may be force majeure circumstances (situations). In these cases, the Party in respect of which control is to be carried out may contact the supplying Party with a proposal to postpone the control period.  

    Article 8  

    Financing of expenses related to the control, verification of the destruction or write-off of samples of military products, including for irretrievable losses, is carried out at the expense of the supplying Party. Payment for accommodation and meals, use of transport and means of international (long-distance) communication is carried out during the control on the basis of invoices submitted by the Party being monitored at its domestic prices.       Emergency medical care to members of the monitoring group is provided in accordance with the Agreement on the Provision of Medical Care to Citizens of the Member States of the Commonwealth of Independent States dated March 27, 1997 and bilateral agreements.  

    Article 9  

    The Party in respect of which the control is carried out, allocates representatives (representatives) of its authorized body for the period of its implementation and provides the control group with a meeting at the point of entry, escort to the place of control and the point of departure, working and living conditions, including meals, medical care, use of transport, means of international (long-distance) communication directly with the object of control and, if possible, facilitates the provision of such communication in any other place at the request of the head of the group, the safety of official documents, imported technical means of control and security of the members of the control group.  

    Article 10  

    The Party under control is obliged to present the military products specified in the request, as well as the necessary documentation confirming their intended use.  

    Article 11  

    By agreement of the Parties, representatives of interstate bodies of the collective security system may be involved in monitoring as observers of the verification process.  

    Article 12  

    The results of the control are formalized by an act.        The act specifies: the composition of the control group and representatives of the Party in respect of which control was carried out; the documents on the basis of which control was carried out (request for control, notification of permission to conduct control); objectives and objects of control; timing of control; results of control.        The act is drawn up in two copies having the same force, signed by the head of the control group and a representative of the authorized body of the Party in respect of which control is carried out. One copy is intended for the supplying Party, the other for the Party being monitored.  

    Article 13  

    The facts of misuse or absence of supplied military products established and recorded in the act, including the facts of their decommissioning in violation of the procedure defined in Article 4 of this Protocol, are the basis for the application of the provisions of Articles 6, 9 and 11 of the Agreement, as well as the relevant provisions of concluded contracts.       The footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 04.11.2006 No. 185.

    Article 14  

    This Protocol is an integral part of The Agreement may be amended and supplemented by mutual agreement of the Parties.  

  Article 15  

    This Protocol shall enter into force in accordance with the procedure provided for in Article 13 of the Agreement.  

    Done in one original copy in Russian. The original copy is kept at the Secretariat of the Collective Security Council, which will send a certified copy to each signatory State of this Protocol.  

     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  

  Reservation of the Republic of Belarus  

    to the Protocol on the Procedure for Monitoring the Intended Use of Military Products Supplied under the Agreement on the Basic Principles of Military-technical cooperation between the States parties to the Collective Security Treaty of May 15, 1992  

    The Republic of Belarus does not consider itself bound by the provision of the third paragraph of Article 3 of the Protocol.  

     The Prime Minister       Republic of Belarus  

    The copy is correct  

     Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan  

                Collective Security Council secretariat  

October 10, 2002   N 20/SKB-d  

    The Secretariat of the Collective Security Council of the States Parties to the Collective Security Treaty presents its compliments to the Ministry of Foreign Affairs of the Republic of Kazakhstan and has the honor to inform that on October 7, 2002, the Republic of Belarus, in accordance with the Decision of the Collective Security Council on the mechanism for implementing the Agreement on the Basic Principles of Military-Technical Cooperation between the States Parties to the Collective Security Treaty, signed the Protocol on the procedure for monitoring the intended use of military products, supplied under the Agreement on the Basic Principles of Military-technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992. When signing the Protocol, the Belarusian Side made a reservation regarding the third paragraph of Article 3 of the Protocol (a certified authentic copy of the Protocol with the reservation is attached).        Thus, the process of signing the Protocol has been completed, and States, in accordance with article 15 of the Protocol, can begin to carry out the internal procedures necessary for its entry into force.        The secretariat of the Collective Security Council takes this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Kazakhstan the assurances of its very high esteem.  

                                              October 10, 2002  

    To the Ministry of Foreign Affairs       Republic of Kazakhstan  

                Collective Security Council secretariat  

May 16, 2003   N 11/SKB-d  

    The secretariat of the Collective Security Council presents its compliments to the Ministry of Foreign Affairs of the Republic of Kazakhstan and has the honor to transmit a copy of the note of the Ministry of Foreign Affairs of the Republic of Belarus No. 726/16-n dated April 29, 2003 on the implementation by the Belarusian Side of the internal procedures necessary for the entry into force of the Protocol on the Procedure for Monitoring the Intended Use of Military Products, supplied under the Agreement on the Basic Principles of Military-technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992. The Protocol was signed by the Republic of Belarus on October 7, 2002 in Chisinau with the following reservation: "The Republic of Belarus does not consider itself bound by the provision of the third paragraph of Article 3 of the Protocol."        The secretariat of the Collective Security Council takes this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Kazakhstan the assurances of its very high esteem.  

                                           May 16, 2003    

    To the Ministry of Foreign Affairs       Republic of Kazakhstan  

N 726/16-n  

    The Ministry of Foreign Affairs of the Republic of Belarus presents its compliments to the Secretariat of the Collective Security Treaty Organization and has the honor to inform about the implementation by the Republic of Belarus of the internal procedures necessary for the entry into force of the Protocol on the Procedure for Monitoring the Intended Use of Military Products supplied under the Agreement on the Basic Principles of Military-Technical Cooperation between the States Parties to the Collective Security Treaty. Security Council of May 15, 1992, signed in Chisinau on October 7, 2002, with the following reservation: "The Republic of Belarus does not consider itself bound by the provision of the third paragraph of Article 3 of the Protocol."        The Ministry of Foreign Affairs of the Republic of Belarus takes this opportunity to renew the assurances of its highest consideration to the Secretariat of the Collective Security Treaty Organization.  

                                   Minsk, April 29, 2003  

    The organization's secretariat       Collective Security Treaty  

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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