On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on the Transit of Military Equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the Federal Republic of Germany in efforts to stabilize and rebuild the Islamic Republic of Afghanistan
Law of the Republic of Kazakhstan dated December 30, 2007 No. 15-IV
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on the Transit of military Equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the Federal Republic of Germany in efforts to stabilize and rebuild the Islamic Republic of Afghanistan, concluded in Berlin on February 1, 2007.
President of the Republic of Kazakhstan
Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on the Transit of military equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the Federal Republic of Germany in efforts to stabilize and rebuild the Islamic Republic of Afghanistan
(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on January 11, 2008)
The Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany, hereinafter referred to as the Parties, taking into account the provisions of the resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005) and 1707 (2006) of the United Nations Security Council, in order to facilitate international efforts to stabilize and rebuild the Islamic Republic of Afghanistan, have agreed as follows:
Article 1
1. This Agreement defines the procedure for the transit of military assets and personnel by the Federal Republic of Germany through the territory of the Republic of Kazakhstan in order to support international efforts to stabilize and rebuild the Islamic Republic of Afghanistan. 2. If necessary, the details of transit through the territory of the Republic of Kazakhstan may be agreed upon by the Parties in separate agreements. 3. For the purposes of this Agreement, the terms used therein mean the following: 1) "military property" - complexes of various types of weapons and means of ensuring their combat use, including delivery systems, guidance, launch, control systems, as well as other special technical means and other cargoes intended for equipping the armed forces, ammunition and their components, spare parts, devices and accessories for devices, life support systems for personnel armed forces, collective and individual means of protection against weapons of mass destruction, means of prevention and treatment of the consequences of the use of weapons of mass destruction, special logistical equipment, military uniforms and related insignia and attributes under the responsibility of the Federal Republic of Germany, subject to the restrictions established by the Treaty on Conventional Armed Forces in Europe of November 19, 1990; 2) "personnel" - military and civil servants of the Federal Republic of Germany; 3) "transit" - travel/flight through the territory of the Republic of Kazakhstan by rail/air transport on routes provided in accordance with the legislation of the Republic of Kazakhstan; 4) "aircraft" - aircraft of the Federal Republic of Germany, including those subject to Chapter 2 of Volume I of Annex 16 to the Convention on International Civil Aviation of December 7, 1944; 5) "checkpoint" - an area within a railway station, as well as another specially equipped place where border and customs control is carried out. and, if necessary, other types of control and passage of military property and personnel across the state border of the Republic of Kazakhstan.
Article 2
1. Transit flights through the airspace of the Republic of Kazakhstan of aircraft are carried out on the basis of a special permit issued in accordance with the legislation of the Republic of Kazakhstan. 2. The Kazakh Side, for the purposes specified in Article 1 of this Agreement, determines a single annual number of a special permit for transit flights with annual updates. 3. In order to obtain a special permit to use the airspace of the Republic of Kazakhstan, the German Side sends a corresponding request to the Kazakh Side through diplomatic channels in advance. 4. The Special Permit is automatically revoked in the event of termination of this Agreement. 5. The German Side provides notification of the use of the airspace of the Republic of Kazakhstan along the air corridors provided by the Kazakh Side (Annex to this Agreement) by aircraft at least 24 hours before the scheduled departure by sending the flight plan to the Main Air Traffic Planning Center of the Republic of Kazakhstan (AFTN - UAAKZDZK, UAAAZDZW) indicating the following flight routes Data: - a single annual special permit number; - aircraft type, registration number and radio call sign; - points of departure and destination of the aircraft; - general information on transportation (people, cargo, dangerous cargo); - date, full route and timetable with mandatory indication of air routes on the flight route, points of entry / exit to / from the airspace of the Republic of Kazakhstan. 6. Flights of aircraft on the air routes of the Republic of Kazakhstan must be carried out in compliance with the international rules of flight of civil aircraft. 7. The Kazakh Side provides air navigation services to aircraft with the collection of air navigation fees. 8. Aircraft flying in the airspace of the Republic of Kazakhstan must be equipped with: 1) radio communication equipment that ensures the maintenance of two-way radio communication with the service providing air navigation services; 2) a radar transponder (transponder) operating in the appropriate mode according to the procedure established by the International Civil Aviation Organization (ICAO). 9. Negotiations of aircraft crews with air traffic controllers are conducted in English only according to the established rules of phraseology of radio communication.
Article 3
The transit of military equipment by rail is carried out exclusively for the purposes of this Agreement in accordance with the legislation of the Republic of Kazakhstan on the basis of a permit issued by the authorized body of the Republic of Kazakhstan for export control.
Article 4
1. Transit of personnel is carried out on a visa-free basis if they have diplomatic, official or foreign passports. 2. The parties cooperate on all issues related to ensuring the stay of personnel in the territory of the Republic of Kazakhstan. 3. The German Side shall inform the Kazakh Side of the planned transit of personnel by rail at least 72 hours before entry/arrival in the territory of the Republic of Kazakhstan by providing their name list with passport data and positions.
Article 5
1. The staff is obliged to comply with the legislation of the Republic of Kazakhstan, including customs and other regulations, and not to interfere in the internal affairs of the Republic of Kazakhstan. 2. During transit, personnel may wear military uniforms. 3. During the transit route, personnel may not leave the train without the permission of the competent authorities of the Republic of Kazakhstan, except for the technical inspection of the train and military equipment.
Article 6
1. The personnel during their stay in the territory of the Republic of Kazakhstan shall be subject to the jurisdiction of the Republic of Kazakhstan, with the exception of the cases provided for in paragraph 2 of this Article. 2. The jurisdiction of the Republic of Kazakhstan does not apply to personnel during their stay in the territory of the Republic of Kazakhstan in connection with this Agreement: 1) in the case of personnel committing crimes or administrative offenses against the Federal Republic of Germany, as well as against personnel or military property belonging to the Federal Republic of Germany; 2) in the case of personnel committing crimes or administrative offenses against the Federal Republic of Germany. administrative offenses in the direct performance of their official duties.
Article 7
1. Military equipment and personnel in transit in accordance with this Agreement are subject to border, customs, and, if necessary, by decision of the competent Kazakh authorities, and other types of control and registration in accordance with this Agreement and the legislation of the Republic of Kazakhstan. 2. The inspection of military property and personnel during border and customs control at the checkpoint, as well as the request and verification of additional documents and information necessary for border and customs control, is carried out only if the border and customs authorities of the Republic of Kazakhstan have reason to believe that the specified property is not property for transit of which permission has been granted. 3. The transit of military equipment and personnel across the state border of the Republic of Kazakhstan is carried out without levying customs duties, customs fees for customs clearance and taxes.
Article 8
The German Side (or its authorized organizations) reimburses the Kazakh Side and Kazakh legal entities for the costs of specific transit-related services.
Article 9
Information received by one Party in connection with transit may not be transferred to a third party without the written consent of the Party that provided this information.
Article 10
1. The Parties shall not make claims against each other or initiate civil legal proceedings against each other in connection with activities carried out in pursuance of this Agreement, with the exception of claims in connection with causing death, bodily injury or material damage resulting from intentional acts. In case of damage caused as a result of an accident, claims are made against the Party responsible for the accident. 2. In case of damage to third parties caused by the fault of the German Side during transit, the German Side undertakes to compensate for it in accordance with the legislation of the Republic of Kazakhstan.
Article 11
Disputes and disagreements related to the application and interpretation of the provisions of this Agreement are resolved through consultations and negotiations.
Article 12
1. This Agreement shall enter into force on the date of receipt by the German Side of a written notification from the Kazakh Side on the completion of the internal procedures necessary for its entry into force. 2. This Agreement is temporarily applied from the date of its signing in accordance with the legislation of the Republic of Kazakhstan. 3. This Agreement shall be concluded for an indefinite period and shall terminate upon the expiration of six months from the date on which one of the parties notifies the other party through diplomatic channels of its intention to terminate this Agreement.
Done in Berlin on February 1, 2007, in two copies, each in the Kazakh, German 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 For the Government of the Federal Republic of Kazakhstan of the Republic of Germany
Annex to the Agreement between the Government of the Republic of Kazakhstan and the Government Federal Republic of Germany on transit military assets and personnel through the territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the Federal Republic of The Republic of Germany in efforts to stabilize and restore the Islamic The Republic of Afghanistan
Suggested routes
1. AZABI/ITAKA A87/R227 AKTAU B363 KUNAS - then using the territory of Uzbekistan and beyond -- BORIS A480 GENDI A352 ARBOL B142 TOLE BI A355 RODAM //or// KALIN directly on BASAN A355 TOLE BI B142 ARBOL A352 GENDI A480 BORIS -- then using the territory of Uzbekistan and beyond -- KUNAS B363 AKTAU A87/R227 AZABI/ITAKA
2. AVEKA A117 DODUR A118/A121 SHYMKENT B114 TOLE BI A355 RODAM, /or// KALIN directly on BASAN A355 TOLE BI B114 SHYMKENT A118/A121 DODUR A117 ABEKA
3. OBATA G487 ATYRAU A356 TOLE BI A355 RODAM //or// KALIN directly on BASAN A355 TOLE BI A356 ATYRAU G487 OBATA
4. OBATA G487 ATYRAU A356 KYZLORDA A352 GENDI R482 SHYMKENT A118/A121 DODUR A117 ABEKA //or // ABEKA A117 DODUR A118/A121 SHYMKENT R482 GENDI A352 KYZLORDA A356 ATYRAU G487 OBATA
5. BALUN-G155-MASAV-G155-DIVNO-G13-KZO-A356-TOLE BI-A355-RODAM //or // RODAM-A355-TOLE BI-A356-KZO-G13-DIVNO-G155-MASAV-G155-BALUN
6. BALUN-G155-MEDOL-B363-KUNAS //or // KUNAS-B363-MEDOL-G155-BALUN
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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