On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on Ensuring 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 Italian Republic in efforts to stabilize and rebuild the Islamic Republic of Afghanistan

The Law of the Republic of Kazakhstan dated July 1, 2014 No. 223-V SAM

     To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on ensuring 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 Italian Republic in efforts to stabilize and rebuild the Islamic Republic of Afghanistan, signed in Astana on February 19, 2013.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on ensuring 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 Italian Republic in stabilization and reconstruction efforts The Islamic Republic of Afghanistan

Entered into force on July 28, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 4, art. 30

     The Government of the Republic of Kazakhstan, hereinafter referred to as the "Kazakh Side" and the Government of the Italian Republic, hereinafter referred to as the "Italian Side", hereinafter collectively referred to as the "Parties", taking into account the Agreement between the States Parties to the North Atlantic Treaty and other States participating in the Partnership for Peace program regarding the Status of their Armed Forces, done in Brussels on June 19, 1995, and the additional Protocol thereto (hereinafter - SOFA PfP Agreement), considering The Treaty of Friendship and Cooperation between the Republic of Kazakhstan and the Italian Republic, signed in Almaty on May 5, 1997, and the Treaty on Strategic Partnership between the Republic of Kazakhstan and the Italian Republic, signed in Rome on November 5, 2009, taking into account the provisions of the resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005), 1707 (2006), 1776 (2007), 1833 (2008), 2011 (2011) The United Nations Security Council,       Realizing the need to contribute to international efforts to stabilize and rebuild the Islamic Republic of Afghanistan, we have agreed as follows:

  Article 1

     1. 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 Italian Republic, transported in standard containers or closed containers, subject to the restrictions established by Treaty on Conventional Armed Forces in Europe of November 19, 1990; 2) "personnel" — military personnel and civil servants of the Italian Republic crossing the territory of the Republic of Kazakhstan on board an aircraft;       3) "transit" — travel/non-stop flight through the territory of the Republic of Kazakhstan by rail/air mode of transport along the routes specified in Annexes 2 and 3 to this Agreement and provided by the Kazakh Side in accordance with the terms of this Agreement; 4) "aircraft" - a military transport aircraft of the Italian Republic or an aircraft chartered by the Italian Side with military equipment and/or personnel on board;       5) "shipper" - the Italian Republic, contributing to the operation of the International Security Assistance Force, dispatching cargo in accordance with the provisions of this Agreement, upon confirmation of the purposes of sending such cargo; 6) "checkpoint" — the territory within the railway station, as well as other specially equipped place where border and customs control is carried out military property.       2. This Agreement defines the procedure for the transit of military equipment and personnel of the Italian Republic through the territory of the Republic of Kazakhstan in order to support international efforts to stabilize and rebuild the Islamic Republic of Afghanistan.

  Article 2

1. Aircraft transit is carried out on the air routes specified in the Annex 2 to this Agreement, on the basis of permits issued by the Ministry of Foreign Affairs of the Republic of Kazakhstan for the use of the airspace of the Republic of Kazakhstan:       1) a special (permanent) permit issued for a calendar year for military transport aircraft of the Italian Side; 2) a one-time permit issued for a one-time flight for aircraft chartered by the Italian Side.       2. In order to obtain a special (permanent) permit, the Italian Side, no later than December 1 of the relevant calendar year, except for the year of signing this Agreement, through diplomatic channels, sends the corresponding request to the Kazakh Side for the use of airspace during the next calendar year, which specifies:       1) the destination and a general description of the cargo and personnel intended for transportation; 2) transit routes.       3. The Kazakh Side, within 30 (thirty) calendar days from the date of receipt of the request from the Italian Side, decides whether to issue or refuse to issue a special (permanent) permit, which it informs the Italian Side about. In the case of a special (permanent) permit, it is assigned a single number, which will be used for all military transport aircraft of the Italian Republic in transit.        4. In order to obtain a one-time permit to use the airspace of the Republic of Kazakhstan, the Italian Side, no later than 4 (four) business days prior to each proposed transit in accordance with this Agreement, through diplomatic channels, sends a request to the Kazakh Side specifying: 1) the full name and postal address of the operator; 2) the code of the International Civil Aviation Organization (hereinafter referred to as ICAO) and the flight number; 3) the type, registration number, radio call sign of the aircraft and the State of registration of the aircraft;         4) type of navigation and communication equipment of the aircraft; 5) departure and destination airfields of the aircraft; 6) alternate airfields; 7) full description of the cargo (including the presence of dangerous goods, indicating the UN code, quantity and weight) and the number of personnel on board the aircraft; 8) date, full an air route and a timetable with mandatory indication of the air routes used on the flight route, as well as the points of entry into and exit from the airspace of the Republic of Kazakhstan.       The Kazakh Side, having considered the received request, decides on the issue of a one-time permit for the use of the airspace of the Republic of Kazakhstan with the assignment of a number or refusal to issue it, which informs the Italian Side.       This permit is valid for 72 (seventy-two) hours from the time of departure of the aircraft specified in the request.       5. Based on the permits issued by the Kazakh Side, the Italian Side notifies the Kazakh Side of its intention to use the airspace of the Republic of Kazakhstan in accordance with the conditions specified in the permit by sending it to the Main Air Traffic Planning Center of the Republic of Kazakhstan (AFTN) no later than 4 (four) hours before the scheduled departure of the aircraft. - UAAKZDZK, UAAAZDZW) an aircraft flight plan provided in accordance with the procedure defined by ICAO documents and containing the following flight data:        1) a single annual special or one-time permit number; 2) type, registration number and radio identification number of the aircraft; 3) departure and destination airfields of the aircraft; 4) alternate airfields; 5) full description of the cargo and the number of personnel on board the aircraft;       6) date, full flight route and timetable with mandatory indication of the air routes used on the flight route, as well as the points of entry into and exit from the airspace of the Republic of Kazakhstan; 7) other data provided, if necessary, in accordance with the legislation of the Republic of Kazakhstan.       The Kazakh Side refuses to use the airspace of the Republic of Kazakhstan to an aircraft for which no flight plan has been provided to the Main Air Traffic Planning Center of the Republic of Kazakhstan, except in circumstances requiring an emergency landing. 6. Flights of aircraft in the airspace of the Republic of Kazakhstan for the purposes of this Agreement are performed in accordance with the established ICAO rules, regulatory legal acts of the Republic of Kazakhstan in the field of airspace use and flight operations published in the Kazakhstan Collection of Aeronautical Information (AIP) and this Agreement.       7. The Kazakh Side provides air navigation services to aircraft in accordance with the legislation of the Republic of Kazakhstan 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 in accordance with the procedure established by ICAO. 9. Negotiations between aircraft crews and controllers are conducted in English only according to the established rules of ICAO radio phraseology. 10. The crews of aircraft located within the airspace of the Republic of Kazakhstan are obliged to strictly follow the instructions (commands, recommendations) of the management (maintenance) and air traffic management bodies of the Republic of Kazakhstan.

  Article 3

     1. Aircraft may not make technical landings on the territory of the Republic of Kazakhstan for refueling, crew rest or for other purposes. In the presence of circumstances caused by an emergency on board and / or force majeure circumstances preventing transit and requiring an emergency landing on the territory of the Republic of Kazakhstan, as well as in the cases provided for in Article 7 of this Agreement, it is possible to use Almaty Airport as an alternate airfield.       2. The Kazakh Side has the right to refuse to use Almaty Airport as an alternate airfield, while providing an alternative alternate airport on the territory of the Republic of Kazakhstan, with the exception of Astana Airport.       3. All aircraft that have made an unplanned landing at Almaty Airport or an alternative alternate airport as provided for in this article, leave the airport after eliminating the causes of the unplanned landing.

  Article 4

     1. Transit of military property by rail, with the exception of military property specified in Annex 1 to this Agreement, which is an integral part of it, is carried out through the checkpoints specified in Annex 3 to this Agreement, solely for the purposes of this Agreement in accordance with the legislation of the Republic of Kazakhstan and on the basis of a permit issued by the authorized body of the Republic of Kazakhstan.       2. To obtain a permit for rail transit, the Italian Side sends a corresponding request to the Kazakh Side at least 30 days before the entry or arrival of military equipment into the territory of the Republic of Kazakhstan in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of export control.       The request is made in Kazakh, Russian and Italian.        3. The transit permit is issued within 30 (thirty) calendar days from the date of receipt of the specified request by the authorized body of the Republic of Kazakhstan for export control.        4. Transportation of military equipment is carried out on the basis of contracts concluded between the forwarding agency of the shipper and the relevant forwarding companies of the Republic of Kazakhstan, determined in coordination with the National Railway Company of the Republic of Kazakhstan. The escort and protection of military property of the Italian Republic is carried out only by the forces of the security structures of the Kazakh Side.       5. The number of military assets simultaneously located on the territory of the Republic of Kazakhstan should be strictly limited to one railway train.

  Article 5

     1. The Kazakh Side has the right to refuse to issue any transit permit requested under this Agreement, informing the Italian Side 48 hours in advance.       2. The Kazakh Side has the right to suspend or revoke any transit permit previously issued under this Agreement if the Kazakh Side determines that the provisions of this Agreement have not been complied with, or the movement of cargo and personnel does not comply with this Agreement or poses a threat to the national security of the Republic of Kazakhstan.       3. In case of cancellation of the transit permit, the Italian Side ensures, at its own expense, the return of military property and personnel outside the territory of the Republic of Kazakhstan through its point of entry/entry into the territory of the Republic of Kazakhstan without completing transit.

  Article 6

1. The status of the Italian Side's personnel in the territory of the Republic of Kazakhstan for the purpose of implementing this Agreement is defined in the SOFA PfP. 2 Agreement. The staff is obliged to comply with the legislation of the Republic of Kazakhstan and not interfere in its internal affairs.         3. In the event of an emergency landing on the territory of the Republic of Kazakhstan, personnel on board the aircraft may not leave the landing site of the aircraft without the consent of the competent authorities of the Republic of Kazakhstan, except in cases where being on board the aircraft endangers the life or health of personnel.        Personnel are strictly prohibited from leaving the aircraft while carrying weapons.

  Article 7

     1. During transit carried out under this Agreement, military equipment and personnel are subject to border and customs control and, if necessary, other types of control in accordance with the legislation of the Republic of Kazakhstan.        2. The Kazakh Side may exercise its right to direct the aircraft to land. In this case, the customs and border control authorities of the Republic of Kazakhstan have the right to inspect military equipment and personnel on board the aircraft.        3. At the request of the Kazakh Side, the Italian Side provides confirmation that the military equipment is intended for the purposes of ensuring security, stabilization and reconstruction of Afghanistan.       4. The Kazakh Side has the right to check documents related to military equipment and personnel for border and customs control purposes in order to ensure that the military equipment and personnel on board comply with the information stated in the documents.       5. In the case of inspection of military equipment and personnel carried by aircraft, the Italian Side either unloads the cargo (in whole or in part) and personnel for inspection outside the aircraft, or, alternatively, chooses the option in which the aircraft leaves the territory of the Republic of Kazakhstan through the entry point without completing transit.       6. The customs control authorities of the Kazakh Side have the right to conduct customs inspection directly in the wagons of railway trains. If, after inspection of military property and relevant documentation, representatives of the customs control authorities have reason to believe that the military property does not comply with the information provided for obtaining a permit in accordance with Article 4 of this Agreement, the military property may be partially or completely unloaded for further inspection. In such cases, military equipment is either unloaded from railway wagons for inspection, or, alternatively, returned outside the territory of the Republic of Kazakhstan through the checkpoint through which the train arrived, without completing the railway transit.       7. If the customs and border control authorities of the Republic of Kazakhstan exercise the right to inspect military property and personnel for the purposes described in this article, an act in Russian shall be drawn up on such inspection and its results, which shall be signed by a representative of the Italian Side solely for the purpose of confirming receipt of the act, as well as representatives of the customs and border control authorities of the Republic of Kazakhstan.

  Article 8

     The Italian Side shall bear the costs associated with the transit of military equipment and personnel of the Italian Republic through the territory of the Republic of Kazakhstan, in accordance with the legislation of the Republic of Kazakhstan.

  Article 9

     1. Information received by one Party in connection with transit may under no circumstances be transferred to a third Party without the written consent of the Party that provided this information.       2. Paragraph 1 of this Article does not apply to information provided to the Kazakh Side in accordance with Articles 2 and 4 of this Agreement. Such information may be shared with a third party solely for the purpose of facilitating transit under this Agreement.

  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 deliberate actions or an emergency landing. 2. The Italian Side compensates the Kazakh Side and Kazakhstani individuals and legal entities for damages for specific actions related to the aircraft making an emergency landing on the territory of the Republic of Kazakhstan.       3. In case of damage to third parties caused by the fault of the Italian Side during transit, the Italian Side undertakes to compensate for it in accordance with the legislation of the Republic of Kazakhstan.

  Article 11

     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 the event that personnel commit crimes or administrative offenses against the Italian Republic, as well as against personnel or military property belonging to the Italian Republic.

  Article 12

     Disputes and disagreements related to the application and interpretation of the provisions of this Agreement are resolved through consultations and negotiations through diplomatic channels as soon as possible, and if they are not resolved, the legislation of the Republic of Kazakhstan applies.

  Article 13

     1. This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.       2. This Agreement shall terminate upon the end of the mission of the International Security Assistance Force, determined in accordance with the resolutions of the United Nations Security Council, or upon the expiration of six months from the date of receipt through diplomatic channels by one of the Parties of a written notification by the other Party of the intention to terminate this Agreement.       3. By mutual agreement of the Parties, additions and amendments may be made to this Agreement, which are its integral parts, which are formalized by separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this article.       4. Termination of this Agreement does not cancel financial and legal obligations arising in connection with the execution of this Agreement.

     Done in Astana on February 19, 2013, in two originals, each in the Kazakh, Italian, English and Russian languages, all texts being equally authentic.       In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.

For the Government of the Republic of Kazakhstan

For the Government of the Italian Republic

 Appendix 1 to the Agreement between the Government   Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on ensuring 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 Italian Republic in stabilization and reconstruction efforts      The Islamic Republic of Afghanistan    

  List of military assets excluded from permitted railway transit*

     The following categories of military equipment, including all their subcategories, are not subject to rail transportation.

Code in accordance with the HS Code

Product Name

3601 00 000 0

Gunpowder

3602 00 000 0

Explosive military substances

3603 00

Fire-conducting cords; detonating cords; percussion or detonating caps; fuses; electric detonators

3604 90 000 0

Signal rockets, rain rockets, fog signals and other pyrotechnic products

8526

Radar, radio navigation and radio equipment for remote control of weapons and military equipment, as well as remote combat control of troops

8710 00 000 0

Tanks and other self-propelled armored combat vehicles with or without weapons and parts thereof

8802

Aircraft (helicopters and airplanes); spacecraft (including satellites) and suborbital and space launch vehicles

8906

Military and rescue vessels, auxiliary military vessels, except rowing boats

9013

Telescopic sights for mounting on weapons; periscopes; optical tubes made as machine parts, or other visual devices that can be used with weapons if they are not mounted on firearms or are not accompanied by firearms on which they are to be mounted; laser sights that can be used with a weapon if they are not mounted on a firearm or are not accompanied by the firearm on which they are to be mounted.

9301

Military-style weapons, except revolvers, pistols and weapons of heading 9307** of the commodity nomenclature of foreign economic activity

9302 00 000 0

Revolvers and pistols, other than those included in heading 9303 of the Commodity nomenclature of foreign economic activity

9303

Other firearms and similar devices operating through the use of an explosive charge

9305

Spare parts for products specified in headings 9301 - 9303

9306

Bombs, grenades, torpedoes, mines, rockets and similar means of warfare, parts thereof; cartridges, shells, other ammunition and their parts, including shot and wads for cartridges, as well as cartridges for smoothbore weapons and their parts

     * For the purposes of applying this list, it is necessary to use both the product code in accordance with the HS Code of the Republic of Kazakhstan and the product name indicated to it.       ** 9307 - swords, sabres, swords, broadswords, bayonets, pikes and similar weapons, parts of the listed weapons, scabbards and cases to it.

 Appendix 2 to the Agreement between the Government   Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on ensuring 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 Italian Republic in stabilization and reconstruction efforts      The Islamic Republic of Afghanistan    

  Provided air routes in both directions

     From Russia/to Russia:       1. OVATA - G487 - ATR - A356 - NT - A355 - RODAM.

     From Azerbaijan/to Azerbaijan:       2. BALUN - G155 - ABDUN - A356 - NT - A355 - RODAM.

     From Uzbekistan/to Uzbekistan:        1. BORIS - A480 - GENDI - A352 - ARBOL - B142 - NT - A355 - RODAM. 2. AVEKA - A117 - DODUR - A121 - SMK - B114 - NT - A355 - RODAM.  

 Appendix 3 to the Agreement between the Government   Agreement between the Government of the Republic of Kazakhstan and the Government of the Italian Republic on ensuring 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 Italian Republic in stabilization and reconstruction efforts     The Islamic Republic of Afghanistan

  Provided checkpoints for railway transit

     1. From Russia/to Russia: Iletsk/Zhaysan.       2. From Uzbekistan/to Uzbekistan: Sary-Agach/Keles.

     RCPI's note!       The following is the text of the Agreement in English and Italian.

President    

Republic of Kazakhstan     

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