On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on the conditions for the creation and use of a space remote sensing system and an assembly and testing complex of spacecraft

Law of the Republic of Kazakhstan dated July 15, 2010 No. 331-IV

     To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on the conditions for the creation and use of a space remote sensing system and an assembly and test complex of spacecraft, made 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 the conditions for the creation and use of a space remote sensing system and an assembly and test complex of spacecraft

(Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 6, Article 58) (Entered into force on August 24, 2010)

     The Government of the Republic of Kazakhstan and the Government of the French Republic, hereinafter referred to as the Kazakh Side and the French Side, and jointly - The Parties, guided by The Strategic Partnership Agreement between the Republic of Kazakhstan and the French Republic, signed on June 11, 2008, based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on Mutual Security of Classified Information, signed on February 8, 2008, taking into account The Convention on International Liability for Damage Caused by Space Objects, signed on March 29, 1972, and the Convention on Registration of Objects Launched into Outer Space, signed on January 14, 1975, desiring to strengthen cooperation in the space field between the Republic of Kazakhstan and the French Republic, in particular in the field of remote sensing of the Earth, the development and creation of spacecraft, striving to ensure the protection of technologies and the protection of national security of the States of the Parties, as well as the interests of the Parties in the framework of projects to create a space remote sensing system with a high-resolution spacecraft and the construction of a spacecraft assembly and testing complex,       have agreed on the following:

  Article 1 Purpose

     The purpose of this Agreement is to define the basic principles and conditions of cooperation between the Parties in the supply and use of the space remote sensing system of the Republic of Kazakhstan with a high-resolution spacecraft, as well as the assembly and testing complex of spacecraft.

  Article 2 Definitions

     For the purposes of this Agreement, the following terms and definitions are used:       1) the space remote sensing system of the Republic of Kazakhstan (hereinafter referred to as the Remote sensing system) is a remote sensing system of the Earth, which includes a high-resolution spacecraft (hereinafter referred to as the remote sensing spacecraft-1), a medium-resolution spacecraft - remote sensing-2, a ground-based target complex, including stations for receiving and processing information received by from spacecraft (hereinafter referred to as ground stations), the ground control complex for spacecraft (hereinafter referred to as - ground-based control system); 2) the DZZ-1 spacecraft is a remote sensing spacecraft with optical equipment that allows obtaining images of the Earth's surface from orbit with a linear resolution of at least 1 meter on the ground; 3) the assembly and testing complex of spacecraft (hereinafter referred to as SbIK) is an enterprise in the Republic of Kazakhstan for assembly and testing of spacecraft, payload components and elements of space technology;       4) goods - high-resolution and medium-resolution Earth remote sensing spacecraft, any other equipment necessary for preparation and launch, control and testing equipment, fuel, construction and other materials, mechanisms and equipment, as well as technologies in the form of information recorded on tangible media necessary for development, production or for use, to create and ensure the functioning of remote sensing and SbIC systems. The category of information includes other information expressed in any material form (computer software, including databases, trade secrets, know-how, production documentation and technical specifications); 5) export license - an official permit from the French side to supply goods to the Kazakh side; 6) intellectual property - is understood in the meaning indicated in article 2 of the Convention Establishing the World Intellectual Property Organization, signed in Stockholm on July 14, 1967, as amended on October 2, 1979;       7) Classified information - information, documents or materials developed or in the process of being developed, regardless of their form, nature or method of transmission, which, in accordance with their degree of secrecy, are classified as classified or protected, and which, in the interests of national security and in accordance with the laws of the States of the Parties, require protection from any violation, destruction, appropriation, disclosure, loss, unauthorized access, or any other type of compromise, which may harm the security and interests of the Republic of Kazakhstan and/or the French Republic; 8) cooperating organizations - organizations of the states of the Parties, whose activities are aimed at carrying out work (provision of services) on the creation and subsequent operation of remote sensing and SBIC, namely: from the Kazakh side - Joint Stock Company "National Company "Kazakhstan Garysh Sapary";        from the French side - the French joint-stock company of the simplified type Astrium SAS with a capitalization of 16 587 728, registered in the Nanterre Chamber of Commerce under the number 393 341 516, including the Kazakhstan branch of the joint-stock company of the simplified type ASTRIUM SAS; 9) joint venture - an enterprise, the founders of which are cooperating organizations, formed in order to create SBIC and its further operation;       10) executing organizations - organizations authorized or engaged by cooperating organizations in accordance with the laws of the States of the Parties to carry out work on the creation and operation of remote sensing and SBIC; 11) third party - foreign states, international organizations, individuals or legal entities of states that are not parties to this Agreement; 12) crisis - a situation affecting the security interests of the French Republic. The French side independently determines the existence of a crisis;       13) zone - depending on the circumstances, the territory of the State, part of the territory of the State, or a geographical area bounded by a polygon with the established geographical coordinates of its vertices.       The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 05/19/2015 No. 313-V.

  Article 3 Authorized bodies

     In order to coordinate activities under this Agreement, the Authorized Bodies of the Parties are appointed:       on the Kazakh side - the National Space Agency of the Republic of Kazakhstan (Kazkosmos); on the French side - the Ministry of Defense of the Government of the French Republic.       In case of a change in the Authorized Body of one of the Parties, such a Party shall send a written notification to the other Party through diplomatic channels.

  Article 4 Special guarantees for the use of remote sensing systems

1. As part of the use of the Remote Sensing Control System, the Kazakh side undertakes:       1) not to assign to a third party spacecraft, a ground-based target complex, a ground-based control complex, materials and documentation, not to provide, free of charge or on a paid basis, the possibility of their use without the prior written consent of the French side; 2) not to establish ground stations outside their country without the written consent of the French Side;       3) not to take measures aimed at improving certain parameters or carrying out maintenance of the remote sensing control system, resulting in the establishment of new functions or improving the system's capacity, without the written consent of the French side;       4) not to provide to a third party, without the written consent of the French side, free of charge or for a fee, raw data obtained using the remote sensing-1 spacecraft, satellite images with a resolution better than 2 meters, zones, the list of which is agreed upon by the Parties and transmitted in accordance with the procedure provided for Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on mutual security of classified information dated February 8, 2008;       5) not to distribute the raw data obtained with the help of the remote sensing-1 spacecraft, satellite images with a resolution better than 2 meters, to States, including their individuals or legal entities, which are sanctioned by the United Nations Security Council, the Organization for Security and Co-operation in Europe or the European Union.       2. If one of the States included in the list of zones subject to restrictions in accordance with subparagraph 4) of paragraph 1 of this article has applied through diplomatic channels to the Kazakh side or its Authorized Body with a request to provide raw data or satellite images of the territory of this State with a resolution better than 2 meters, then such transfer of raw data satellite images obtained with the help of the remote sensing-1 spacecraft are carried out without the consent of the French side, except in cases concerning zones, where the French Armed Forces are involved or deployed.       3. Coordination of the transfer to a third party of raw data and satellite images with a resolution better than 2 meters obtained using the remote sensing-1 spacecraft is carried out through the Authorized Bodies of the Parties. The French side undertakes to consider the relevant appeals from the Kazakh side as soon as possible.       4. In order to simplify the procedure for agreeing on the transfer to a third party of raw data and satellite images obtained using the DZZ-1 spacecraft, the Parties consider it favorable for the Kazakh side to choose a French operator for their exclusive distribution.       5. Within the framework of bilateral cooperation, the Parties are considering ways to improve the conditions provided for in this article for the dissemination by the Kazakh side of raw data and satellite images obtained using the remote sensing-1 spacecraft.

  Article 5 Export guarantees

     If the export licenses of the French side issued in accordance with the laws and other regulatory legal acts of the French Republic are required for the supply of goods within the framework of the creation and use of remote sensing and SBIC systems, then the French side, in accordance with the laws and other regulatory legal acts of its state, undertakes to use all possible means to grant export licenses for the delivery of goods to the Republic of Kazakhstan, which is carried out under this Agreement.

  Article 6 Launch of the remote sensing-1 spacecraft

     In order to ensure the protection of technologies for the creation of the DZZ-1 spacecraft, it is launched from the Kourou cosmodrome (France).

  Article 7 Time limits

     In the event of a crisis, the French side requests the Kazakh side to refrain from distributing raw data and satellite images of individual zones obtained with the help of the DZZ-1 spacecraft during the crisis. The French side undertakes to notify the Kazakh side as soon as possible of the expiration of the period of time restrictions on the distribution of raw data obtained with the help of the DZZ-1 spacecraft and satellite images.

  Article 8 Ensuring access of specialists

     Within the framework of this Agreement, each Party, in accordance with the legislation of its state, shall take all necessary measures to ensure access of specialists of the other Party to the territory of its state, as well as to relevant facilities at all stages of work (services) on the creation of remote sensing and SBIC.

  Article 9 Customs and tax regulation

     The footnote. Title of Article 9 as amended by the Law of the Republic of Kazakhstan dated 05/19/2015 No. 313-V.

     Goods imported and/or exported by cooperating organizations of the Parties, a joint venture, as well as performing organizations that have contracts with cooperating organizations or a joint venture, under this Agreement, are subject to exemption from customs duties and taxes levied by the customs authorities of the Republic of Kazakhstan until December 31, 2020.       In each case, the authorized body of the Kazakh side confirms to the customs authorities of the Republic of Kazakhstan that the import and (or) export of goods is carried out within the framework of this Agreement, accompanying such confirmation with information on the nomenclature and quantity of goods.       The procedure for the provision by the Authorized Body of the Kazakh side to the customs authorities of the Republic of Kazakhstan of information on goods exempt from customs duties and taxes upon importation into and/or export from the customs territory of the Republic of Kazakhstan under this Agreement is determined by the Kazakh side.       The import of goods carried out by the Parties' cooperating organizations, joint ventures and executing organizations under this Agreement is not subject to quotas, licensing and other restrictions.       The provisions of this article do not apply to goods subject to excise tax.       The supply of goods, as well as the performance of works and services between the cooperating organizations of the Parties under this Agreement are subject to exemption from value added tax in the Republic of Kazakhstan from the date of entry into force of this Agreement until December 31, 2020.       The documents that are sufficient grounds for exemption from value added tax under this Agreement are:       1) contracts concluded under this Agreement between the cooperating organizations of the Parties;       2) the relevant document of the authorized body From the Kazakh side, confirming that the delivery of goods, works and services was carried out within the framework of this Agreement, which: issued for the following contracts:       Contract No. 05-85 dated October 6, 2009 for the supply of the space remote sensing system of the Republic of Kazakhstan; contract No. 05-117 dated October 27, 2010 for the supply of test site equipment (TFE) and the supply of TFE Assembly and Testing Complex of spacecraft;       Contract No. 05-118 dated October 27, 2010 for the provision of services to support the design and construction of the assembly and testing complex of spacecraft; contract No. 05-96 dated June 29, 2012 for the design and support of the creation of a special design and technology bureau (SKTB); contract No. 05-37 dated February 27, 2013 for the purchase of services for design by the Special Design and Technology Bureau (SKTB); for future contracts, this document will be issued before their entry into force.;       3) acts of completed works and services; 4) invoices that relate to contracts signed under this Agreement.       The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 05/19/2015 No. 313-V.

  Article 10 Intellectual property and technology protection

     The issues of protection, distribution and use of intellectual property created or transferred in the course of cooperation under this Agreement are regulated by the laws of the States of the Parties, as well as international treaties to which their States are parties at the same time.       The Parties and their Authorized Bodies shall take necessary measures in accordance with the laws of the States of the Parties and the norms of international law to prevent unauthorized access by third parties to protected goods and technologies related to the performance of work (provision of services) under this Agreement, and unauthorized transfer of such technologies and goods to third parties. To this end, the cooperating organizations of the Parties, with the participation of the executing organizations of the Parties and the joint venture, develop agreed technology protection plans, which are submitted for approval to the Authorized Bodies of the Parties.

  Article 11 Exchange of information

     The exchange of classified information carried out under this Agreement is regulated by The Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on mutual security of classified information dated February 8, 2008.       The French side undertakes not to transfer, free of charge or on a paid basis, to a third party the technical specifications, materials and documentation on remote sensing and SBIC without the written consent of the Kazakh side.

  Article 12 Settlement of disputes

     In case of disagreements in the interpretation or application of this Agreement, as well as unforeseen situations, the Parties will resolve them through negotiations.

Article 13 Amendments

     By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

  Article 14 Final provisions

     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. This Agreement is concluded for 10 years and is automatically extended indefinitely. Either Party may terminate this Agreement by notifying the other Party in writing through diplomatic channels of its intention to terminate it at least two years before the expected date of termination.       Unless otherwise agreed by the Parties, termination of this Agreement in accordance with the procedure provided for in this Article shall not prejudice the rights and obligations of the Parties arising from the implementation of this Agreement prior to its termination.

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

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

     Note. RCPI. The following is the text of the Agreement in French.

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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