On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on cooperation in the field of civil defense, Prevention and Liquidation of emergency situations

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on cooperation in the field of civil defense, Prevention and Liquidation of emergency situations

Law of the Republic of Kazakhstan dated July 8, 2011 No. 454-IV

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on cooperation in the field of civil defense, prevention and elimination of emergency situations, signed in Astana on October 6, 2009.

President of the Republic of Kazakhstan N. Nazarbayev

Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on cooperation in the field of civil defense, prevention and liquidation of emergency situations

(Entered into force on October 19, 2012 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 2, art. 18)

The Government of the Republic of Kazakhstan and the Government of the French Republic, hereinafter referred to as the Parties, striving to strengthen the traditional friendly relations between the peoples of both States, recognizing that the development of cooperation between the two countries in the field of civil defense, prevention and elimination of emergency situations contributes to the well-being and national security of their populations, aware of the danger that emergencies pose to the States of the Parties, Considering the benefits for the States of the Parties of exchanging scientific and technical information in the field of civil defense, prevention and elimination of emergency situations, taking into account the declaration of intent signed on May 16, 2008 by the Minister of Emergency Situations of the Republic of Kazakhstan and the Minister of Internal Affairs, Overseas Departments and Local Governments of the French Republic for the development of Kazakh-French cooperation in the field of Civil Defense, have agreed on the following:

Article 1 Subject of the Agreement

1. This Agreement defines the implementation of cooperation between the Parties in the field of civil defense, prevention of serious natural and man-made risks, emergency response, training of civil defense specialists to provide voluntary and mutual assistance in the event of a disaster, major accident or other disaster. 2. The provisions of this Agreement shall apply throughout the territory of the Republic of Kazakhstan and on the European territory of the French Republic.

Article 2 Terms used in this Agreement

1. The terms used in this Agreement have the following meanings: (a) "Requesting Party" means a Party that requests the other Party to send assistance teams, equipment and rescue equipment; (b) "Providing Party" means a Party that grants the other Party's request to send assistance teams, equipment and rescue equipment; (c) "Competent Authority" - the body appointed by each of the Parties for the implementation of this Agreement; (d) "Assistance teams" - teams of assistance specialists who arrived at the disaster site at the request of the requesting Party, provided with the necessary equipment; (e) "Emergency situation" - the situation in a certain territory that arose as a result of an accident, disaster or catastrophe that caused or may cause human casualties, damage human health, the environment and economic facilities, significant material losses and violations of the living conditions of the population; (f) "Prevention of emergency situations" - a set of measures carried out in advance and aimed at maximizing the risk of emergency situations, preserving human health and life, reducing environmental damage and material losses; (g) "Rescue operations" - actions in an emergency zone to save people, material and cultural assets, protection of the environment, its localization and suppression or reduction to the lowest possible level of exposure to its characteristic hazards; H) "Equipment" - equipment, technical and transport equipment, equipment of the relief teams, as well as personal equipment of the members of the relief teams; i) "Rescue equipment" - additional equipment and other items intended for use by the relief teams.

Article 3 Competent authorities

1. 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 French Side - the Ministry of Internal Affairs, Overseas Departments and Local Governments of the French Republic. 2. The Parties shall immediately notify each other through diplomatic channels of changes in the names of their competent authorities or the transfer of their functions to other authorities.

Article 4 Joint Commission

1. To implement measures to implement the provisions of this Agreement, the Parties will establish a joint commission for cooperation in the field of civil defense, prevention and elimination of emergency situations (hereinafter referred to as the Commission). 2. The composition, working procedure and tasks of the Commission will be determined by the competent authorities of the Parties.

Article 5 Forms of cooperation

1. Cooperation under this Agreement may take the following forms: a) exchange of information on forecasting, prevention and assessment of emergency situations; b) exchange of experience in organizing public preparedness for emergency situations, including first aid; c) organization of interaction between interested state and public structures for prevention and emergency response; (d) Assessment of the risk to the environment and the public due to possible pollution from industrial accidents or natural disasters; (e) Joint planning, development and implementation of research projects, exchange of scientific and technical literature and research results, scientific and methodological materials, including personnel work; (f) exchange of information, periodicals, methodological literature, video and photographic materials; g) organization of joint conferences, seminars, workshops, exercises and trainings; (H) Preparation of joint publications and reports; (i) Training, retraining, advanced training and internships for specialists in the field of civil defense, emergency prevention and response; (j) Evaluation of equipment and equipment used by relief teams; (k) Mutual assistance in emergency response. 2. This cooperation may be extended to any other activity determined by mutual agreement of the competent authorities of both Parties in the field of emergency prevention and response. Such extension of cooperation to new types of activities is the subject of an addendum to this Agreement.

Article 6 Cooperation between organizations and institutions

The Parties shall promote cooperation between organizations and institutions 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

1. The sending Party, when participating in activities established by Article 5 of this Agreement that are not directly related to emergency response assistance, shall bear the costs of travel of its representatives to the destination, accommodation and meals for its representatives, unless otherwise agreed by the Parties. 2. 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 the territory of its State, unless otherwise agreed by the Parties.

Article 8 Provision of assistance

The Parties shall provide mutual assistance in the elimination of emergency situations in the following order: 1. Assistance in the elimination of 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. The Party that received the request has the right to refuse to fulfill the request. At the same time, the right to make a decision on refusal to provide assistance may be conditioned by the presence of risks predicted in the territory of the States of the Parties, existing works and the availability of free assistance groups. 4. The Party that received the request shall review the request 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 rescue equipment. It also indicates the type of transport used to arrive at the emergency zone and the planned state border crossing point.

Article 9 Conditions of assistance

1. The requesting Party shall bear the costs of accommodation for the assistance groups of the providing Party, as well as the costs of meals in accordance with the procedure provided for in paragraph 2 of Article 10 of this Agreement. 2. The requesting Party shall provide medical care to the providing Party's assistance teams during their stay in the territory of the requesting Party's State. 3. The requesting Party may cancel its request for assistance at any time. In this case, the requesting Party reimburses the providing Party for the costs incurred by it 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. 4. The providing Party provides insurance for members of the assistance groups.

Article 10 Types of assistance

1. Emergency response assistance is provided by sending relief teams, equipment, and rescue equipment, depending on the nature and extent of the emergency. 2. The equipment of the relief teams should be sufficient to conduct autonomous operations in the emergency zone for 3 days. Upon completion of the inventory of equipment, the requesting Party provides the assistance teams with the necessary means for their further work.

Article 11 Management of assistance activities

1. The management of assistance activities is carried out by the competent authority of the requesting Party through the head of the assistance teams of the providing Party, who coordinates the activities of these groups. 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 leader. 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. 4. The requesting Party informs the head of the providing Party's assistance teams about the situation in the emergency zone and at specific work sites. 5. If necessary, the requesting Party provides these assistance teams of the providing Party with interpreters and means of communication, as well as ensures their safety.

Article 12 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 providing Party's assistance teams cross the State border of the requesting Party's State through checkpoints open to international traffic, using their identity documents. The head of the assistance teams must have a list of the members of the assistance teams and a document issued by the competent authority of the providing Party confirming his authority. 3. As part of their task, by agreement of the Parties, members of the assistance teams may stay in the territory of the requesting State without a visa or residence permit. 4. Members of the assistance teams are required to comply with the laws of that State during their stay in the territory of the requesting State. 5. Members of the providing Party's assistance teams have the right to wear their uniforms when performing emergency rescue operations in the territory of the requesting Party's State. 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 13 Import and export of emergency equipment and life-saving equipment

1. Equipment and rescue equipment imported into the territory of the requesting Party and exported from the territories of the providing Party to assist in emergency situations are exempt from customs duties, fees and taxes. 2. The head of the assistance teams must have a list of imported equipment and life-saving equipment issued by the competent authority of the providing Party. 3. Assistance teams are prohibited from importing any items other than equipment and rescue equipment into the territory of the requesting State. 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. Medical aid teams are arriving with their full-time equipment. 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 States of the Parties 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 14 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, exactly the type, identification marks, routes, number of crew members, nature of cargo, places and time of take-off 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 transport is applied, in particular, when transmitting flight information to the authorities responsible for air traffic. Flights are operated in accordance with international air traffic regulations.

Article 15 Completion of work

1. After the completion of the relief work, when the requesting Party returns the provided equipment and rescue equipment to the providing Party, the requesting Party informs the person of the providing Party responsible for the equipment and rescue equipment and the competent authorities of the providing Party. 2. The providing Party shall inform the requesting Party in writing in case of termination of the allocation of equipment and rescue equipment. 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. 5. The competent authority of the requesting Party shall send to the competent authority of the providing Party a final report on the incident, including 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 16 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 refuses to pay for the flight, landing, parking at the airfield and take-off from it of aircraft, as well as fees for air navigation services. 3. The requesting Party reimburses the fuel costs of the aircraft.

Article 17 Compensation for damage

1. The requesting Party shall reimburse the costs to the providing Party incurred by the providing Party in connection with an accident with one of the members of the assistance teams during the performance of assistance work, in the form of a benefit to that member of the group or his legal successors. The requesting Party shall also bear the costs of repairing or replacing the damaged, destroyed or lost equipment of the providing Party. 2. The amounts of such allowances or expenses for the repair or replacement of equipment are determined in accordance with the national legislation and other regulations of the providing Party. 3. These provisions also apply to a third party responsible for the mentioned facts who is not a member of the assistance teams. 4. If, in the course of assistance work, a member of the providing Party's assistance team, while in the territory of the requesting Party's State, causes damage to a legal entity or individual, the requesting Party shall compensate the damage in accordance with the national legislation of the requesting Party's State. 5. The requesting Party may request reimbursement from the providing Party for damage caused by a member of the providing Party's assistance teams intentionally or through gross negligence unrelated to the performance of assistance work. 6. 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.

Article 18 Financing of cooperation

Cooperation and assistance under this Agreement shall be carried out within the limits of budgetary resources provided for by the national legislations of the States of the Parties.

Article 19 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 20 Other obligations and international agreements

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

Article 21 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 22 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 is concluded for an indefinite period. By mutual agreement of the Parties, amendments may be made to it at any time, which shall enter into force in accordance with the procedure specified in paragraph 1 of this article. 3. This Agreement remains 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 from the other Party of its intention to terminate this Agreement. 4. The termination of this Agreement will not affect the activities carried out in accordance with it, which were initiated but not completed before the termination of its validity, unless the Parties agree otherwise.

Done in Astana on October 6, 2009, in two originals, each in the Kazakh, French and Russian languages, all three texts being equally authentic.

For the Government For the Government of the Republic of Kazakhstan of the French Republic

If the French side agrees with the above proposal, the Ministry of Foreign Affairs of the Republic of Kazakhstan, in accordance with subparagraph "b" of paragraph 1 of article 79 of the Vienna Convention on the Law of Treaties of 1969, proposes to consider this note and the response note of the Ministry of Foreign and European Affairs of the French Republic as an integral part of the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on Cooperation in the field of civil defense, prevention and liquidation of emergency situations, signed on October 6, 2009 in Astana. The Ministry would be grateful to provide a response on this issue in the near future. Taking this opportunity, the Ministry of Foreign Affairs of the Republic of Kazakhstan once again assures the Ministry of Foreign and European Affairs of the French Republic of its high respect.

Astana, August 9th, 2010

--unofficial translation--

French Republic Ministry of Foreign and European Affairs

№ 598/EUC-EAC

The Ministry of Foreign and European Affairs expresses its respect to the Embassy of the Republic of Kazakhstan in France and, in response to its note verbale dated 08/31/2010 No. 31-30/122H, wishes to confirm that the French side has no objections to the changes in the text that the Kazakh side wishes to make to the version of the agreement on cooperation in the field of civil defense, prevention and liquidation of emergencies. situations in the Kazakh language, signed on October 6, 2009 in Astana.

The Ministry of Foreign and European Affairs takes the opportunity to express its high respect to the Embassy of the Republic of Kazakhstan in France.

Paris, September 14, 2010

Embassy of the Republic of Kazakhstan in France 59 Pierre-Charron St. 75008 Paris

President

Republic of Kazakhstan

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