On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Prevention of Dangerous Military Activities

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Prevention of Dangerous Military Activities

Law of the Republic of Kazakhstan dated June 11, 2004 No. 560

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Prevention of Dangerous Military Activities, signed in Beijing on December 23, 2002.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and By the Government of the People's Republic of China on the Prevention of dangerous military activities

The Government of the Republic of Kazakhstan and the Government of the People's Republic of China (hereinafter referred to as the Parties), reaffirming their commitment to maintaining and developing good-neighborly, friendly relations, strengthening mutual trust and cooperation between the armed forces of both countries, based on the principles of mutual respect for sovereignty and territorial integrity, non-interference in the internal affairs of the States of the Parties, equality and mutual trust, Convinced of the need to prevent dangerous military activities and resolve incidents caused by dangerous military activities by peaceful and appropriate means, based on the Agreement signed on April 26, 1996 between the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan and the People's Republic of China on Confidence-building in the military field in the Border Area, In an effort to ensure the safety of personnel (equipment) of their armed forces and the civilian population and facilities when they carry out activities close to each other in peacetime, have agreed as follows:

 Article 1. Terms and definitions

The following terms and definitions are used in this Agreement: 1. "Dangerous military activity" means the actions of personnel (equipment) of the armed forces of the States of the Parties in the border area in peacetime, committed due to force majeure or unintentionally, which may lead to human casualties or material damage to the State of the other Party or lead to tension in relations between the States of the Parties. 2. "Armed Forces" means: for the Republic of Kazakhstan - the Armed Forces of the Republic of Kazakhstan (including the Border Guard Service of the National Security Committee of the Republic of Kazakhstan); for the People's Republic of China - the People's Liberation Army of China. 3. "Personnel" means any military personnel or employees of the armed forces of the States of the Parties. 4. "Equipment" means any ship, aircraft or land-based means of the armed forces of the States of the Parties. 5. "Ship" means any warship or auxiliary vessel of the armed forces of the States of the Parties. 6. "Aircraft" means any military aircraft of the armed forces of the States of the Parties, excluding spacecraft. 7. "Land vehicle" means any equipment intended for use on land by the armed forces of the States of the Parties. 8. "Laser" means any source of intense coherent highly directional electromagnetic radiation in the visible, infrared or ultraviolet ranges, which is based on the stimulated emission of electrons, atoms or molecules. 9. "Area of special attention" means an area mutually defined by the Parties in which personnel (equipment) of the armed forces are present, where an incident is most likely to occur or is taking place, and where the Parties are taking measures in accordance with this Agreement. 10. "Interference with control systems" means such actions that impede, interrupt or limit the operation of means and systems for transmitting signals and information that ensure the management of personnel (equipment) of the armed forces of the States of the Parties. 11. "Force majeure" means extraordinary circumstances that cannot be foreseen or prevented by any measures. For example, caused by emergencies, illness of members of the relevant staff, or natural disasters. 12. "Live firing" means the armed forces of the States of the Parties firing small arms, guns, and missile launches. 13. "Civilian population" means any civilian located in the border area and not part of the armed forces of the States of the Parties. 14. "Facilities" means buildings, structures, communications facilities, transport, agricultural facilities and other civilian infrastructure facilities that are not equipment of the armed forces of the States of the Parties.

Article 2. Basic principles of preventing dangerous military activities

1. The Parties consider the prevention of dangerous military activities, the types of which are defined in Article 3 of this Agreement, to be the main thing in the implementation of this Agreement. 2. In the interests of ensuring mutual security, the personnel of the armed forces of the States of the Parties should exercise caution when operating in close proximity to each other. 3. The personnel of the armed forces of the States of the Parties shall take effective security measures to avoid dangerous military activities and their consequences during the daily activities of the troops (troop movements, exercises, live firing, aircraft flights, etc.). 4. In the event of incidents caused by dangerous military activities, the Parties shall take measures to ensure their non-proliferation and cessation without resorting to the threat or use of force, and resolve these incidents through consultations.

Article 3. Types of dangerous military activities

In the interests of mutual security, the personnel of the armed forces of the States of the Parties shall take the necessary measures aimed at preventing the following types of dangerous military activities: 1. The entry of personnel (equipment) of the armed forces of the State of one Party into the territory of the State of the other Party, committed due to force majeure or other unintended reasons. 2. The use of a laser by one of the Parties in such a way that its radiation can cause harm to personnel, civilians, equipment and facilities of the State of the other Party. 3. Obstructing the actions of personnel (equipment) of the armed forces of the State of one Party in an area of special attention in a manner that could harm personnel or civilians or damage equipment and facilities of the State of the other Party. 4. Interference with control networks that may result in harm to personnel or civilians, or damage to equipment and facilities of the other Party's State.

Article 4. Procedure for entering the territory of the other Party's State

1. If, due to force majeure or other unintended reasons, the personnel (equipment) of the armed forces of the State of one of the Parties may enter or have entered the territory of the State of the other Party, then the personnel of the armed forces of the State of either Party who first discovered such a situation: a) makes efforts to establish communication and notify the personnel of the armed forces of the State of the other Party about the circumstances of the situation; b) requests (transmits) relevant instructions. 2. When the personnel (equipment) of the armed forces of the State of one of the Parties can enter or has entered the territory of the State of the other Party, the personnel carrying out the entry (personnel operating the equipment), depending on the circumstances, takes measures to avoid entry or leave the territory, or follow the designated place. personnel of the armed forces of the State of the other Party. 3. Upon arrival of the staff of the State of one Party at the designated place, he/she: a) it is possible to contact the office of the military attache at the embassy or the consular authorities of his country as soon as possible; b) appropriate conditions of stay are provided and the safety of equipment is ensured; c) assistance is provided in repairing his equipment in order to facilitate his exit from the territory, as well as in carrying out the exit itself as soon as possible; d) the costs of staff stay, safety and repair of equipment, as well as the costs of paying for services related to ensuring that personnel (equipment) leave the territory of the State, are carried out at the expense of the Party whose personnel (equipment) entered the territory of the other Party.

Article 5. Procedure for using a laser

1. When the personnel of the armed forces of the State of one Party, being near the personnel (equipment) of the armed forces of the State of the other Party, intends to use a laser and this use may cause harm to personnel or civilians or damage the equipment of the armed forces and facilities of the State of the other Party, the personnel of the armed forces of the State of the Party intending to use a laser, shall take steps to notification of this to the relevant personnel of the armed forces of the State of the other Party. In any case, the personnel of the armed forces of the State of the Party intending to use the laser shall take appropriate security measures. 2. If the personnel of the armed forces of the State of one Party considers that the use of a laser by the personnel of the armed forces of the State of the other Party may harm him and the civilian population or damage the equipment or facilities of his State, he shall take measures to establish communication and notify the personnel of the armed forces of the State of the other Party in order to stop such use. If the personnel of the armed forces of the State of the Party who received such notification actually uses a laser near the area indicated in the notification, they will clarify the relevant circumstances. If his use of a laser can actually cause harm to personnel, civilians, equipment and facilities of the State of the other Party, he stops such use. 3. Notifications on the use of the laser are carried out in accordance with the procedure provided for in the Annex to this Agreement, which is an integral part of this Agreement.

Article 6. Procedure for actions in areas of special attention

1. In the interests of ensuring a higher level of security, each Party may propose to the other Party to agree on the designation of an area as an area of special attention. The Contracting Party may either accept this proposal or reject it. If the Parties agree, an agreement is concluded. 2. The personnel of the armed forces of the States of the Parties present in a certain area of special attention shall establish and maintain contact in accordance with the Annex to this Agreement and take any other measures that may be further agreed upon by the Parties in order to prevent dangerous military activities and resolve any incidents that may arise as a result of such activities. 3. Each of the Parties has the right to terminate the agreement in respect of a certain area of special attention. The Party intending to exercise this right shall provide the other Party with timely notification of such intention, including the date and time of termination of such agreement, through the communication channel provided for in paragraph 3 of Article 9 of this Agreement.

Article 7. Procedure for stopping interference to control networks

1. When personnel of the armed forces of the State of one Party, being in the vicinity of personnel (equipment) of the armed forces of the State of the other Party, detect interference with their control networks that may harm them and the civilian population or damage their equipment and facilities, they shall inform the relevant personnel of the armed forces of the State of the other Party, if they believe that these interferences are caused by personnel (equipment) of the armed forces of the State of this Party. 2. If the personnel of the armed forces of the State of the Party who has received such information determines that these interference to the control networks is indeed caused by their actions, they will immediately take measures to stop such interference.

Article 8. Procedure for conducting live firing

1. The personnel of the armed forces of the State of the Party conducting live firing shall take measures to prevent bullets, shells, and missiles from accidentally entering the territory of the State of the other Party and causing damage to its personnel, civilians, equipment, and facilities. 2. If the personnel of the armed forces of the State of one of the Parties discovers that live firing conducted by the other Party has caused damage to its personnel, civilians, equipment and facilities, they will take measures to notify the other Party. 3. The resumption of live firing is carried out after taking appropriate security measures. 4. After the completion of live firing, the party that carried out live firing takes measures to compensate for damage caused as a result of dangerous military activities.

 Article 9. Information exchange procedure

1. In order to comply with the provisions of this Agreement, the armed forces of the States of the Parties shall establish and maintain communication, as provided for in the Annex to this Agreement. 2. The armed forces of the States of the Parties shall promptly exchange relevant information on cases of dangerous military activities or incidents that may arise as a result of such activities, as well as on other issues related to this Agreement. 3. The General Staff of the Armed Forces of the Republic of Kazakhstan provides the information specified in paragraph 2 of this article through the office of the Military attache at the Embassy of the People's Republic of China in the Republic of Kazakhstan. The General Staff of the People's Liberation Army of China provides such information through the office of the Military attache at the Embassy of the Republic of Kazakhstan in the People's Republic of China.

Article 10. Rights and obligations of the Parties

1. This Agreement does not affect the rights and obligations of the Parties under other agreements and arrangements in force between them, as well as agreements and arrangements of the Parties with other States. 2. This Agreement is not directed against any third party. If an incident falling within the scope of this Agreement occurs within the territory of a neighboring country of the State of one of the Parties, that Party has the right to consult with that country on taking appropriate measures. 3. Compensation for damage caused as a result of dangerous military activities covered by this Agreement shall be carried out in accordance with generally recognized principles and norms of international law.

Article 11. Meetings and consultations

1. No later than one year after the date of entry into force of this Agreement, representatives of the Parties will meet to consider the implementation of its provisions, as well as possible ways to ensure a higher level of security for their armed forces. 2. Subsequently, such meetings will be held once every two years, unless, if necessary, the Parties agree to hold emergency meetings.

Article 12. Entry into force of this Agreement

1. This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. The validity of this Agreement with its Annex may be terminated by one of the Parties six months after written notification of the other Party. 2. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols that are integral parts of this Agreement. These protocols will enter into force in the manner prescribed for this Agreement. 3. In case of disputes and disagreements in the interpretation or application of the provisions of this Agreement, the Parties will resolve them through mutual consultations and negotiations.

Done in Beijing on December 23, 2002, in two originals, each in the Kazakh, Chinese 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 text in Russian.

 For the Government For the Government of the Republic of Kazakhstan of the People's Republic of China

Appendix to the Agreement between By the Government of the Republic of Kazakhstan and By the Government of the People's Republic of China on the Prevention of dangerous military activities

The procedure for establishing and maintaining communication

1. For the purpose of implementing this Agreement, the armed forces of the States of the Parties shall provide, if necessary, all conditions for establishing and maintaining communication between: a) the relevant commanders present in the area of special attention; b) the commanders1 of the relevant ships, aircraft crews, ground assets, ground units or subunits; c) the commanders of the aircraft crews of the State of one Party and the air traffic control and control points of the State of the other Party.

__________________ 1 Commander - means a person authorized to command a ship, aircraft, land vehicle, land unit or subdivision

2. In order to establish radio communications, the following frequencies are used, depending on the circumstances:: a) between the aircraft of the States of the Parties or between the aircraft of the State of one Party and the air traffic control and control center of the State of the other Party - in the VHF band at a frequency of 128.5 MHz (124.0 MHz and 130.0 MHz - spare), or in the KB band at a frequency of 7390.0 kHz (5040.0 kHz - spare); after establishing initial contact, the worker The exchange is carried out at a frequency of 128.5 MHz or 7390.0 kHz; b) between the border ships of the States of the Parties and between the border ship and the shore - in the VHF band at a frequency of 48.6 MHz or in the KB band at a frequency of 4500.0 kHz; c) between the border ship of the state of one Party and the aircraft of the state of the other Party - in the VHF band at a frequency of 128.5 MHz (124.0 MHz and 130.0 MHz are spare) After the initial contact is established , the working exchange is carried out at a frequency of 128.5 MHz; d) between ground facilities, ground units and units of the armed forces of the States of the Parties - in the VHF band at a frequency of 46.1 MHz (47.9 MHz - reserve) or in the KB band at a frequency of 4503.0 kHz (6915.0 kHz - reserve); e) when carrying out radio communication in the VHF band, the method of amplitude or frequency modulation is used; in KB The upper side band is applied in the range. 3. The following call signs are used to establish communication:

__________________________________________________________________ Ship of the Republic of Kazakhstan - !The ship of the Chinese People's Monarch!Republic - seal (khaibao) ! Aircraft of the Republic of Kazakhstan - !Chinese People's Wing aircraft!Republic - Sokol (xiongying) ! Command and control center !Republic Air Traffic Control and Control Center!Chinese Air Traffic Kazakhstan is a brigadier!The People's Republic of Taishan ! The land part or !A land unit or subdivision of the Republic !Division of the People's Republic of China Kazakhstan is a factor!Republic - land (dadi) __________________________________________________________________

4. The Parties recognize that the lack of radio communication can increase the danger to the personnel (equipment) of their armed forces involved in an incident as a result of dangerous military activities. Personnel of the armed forces of the States of the Parties involved in such incidents: a) if it is impossible to establish radio communication with the personnel of the State of the other Party or if radio communication is available, but there is no possibility of being understood, make efforts to communicate using the signals contained in the Table of Additional Signals of this Annex; b) if it is impossible to establish contact with the personnel of the armed forces of the State of the other Party, measures are taken to establish contact with other parts of their armed forces, and those, in turn, take measures to establish contact with the personnel of the armed forces of the State of the other Party in order to resolve the incident. 5. Communication between ships and communication between the ship and the shore of the States of the Parties is carried out using the signals and phrases provided for in the International Code of Signals of 1965. Communication between aircraft is carried out using signals and phrases intended for the interceptor and the intercepted aircraft and contained in Annex 2 (Flight Rules) to the Convention on International Civil Aviation (Chicago Convention) of 1944. In addition, the signals and phrases contained in the Table of Additional Signals in this Appendix may be used. 6. When the aircraft of the armed forces of the States of the Parties enter into visual contact with each other, their crews listen to the frequencies of 128.5 MHz (124.0 MHz and 130.0 MHz are spare). If the aircraft crews need to exchange information, but communication cannot be established in a common language, attempts are made to transmit basic information and confirm the reception of the transmitted instructions by using phrases or visual signals specified in paragraph 5 of this Annex.

Table of additional signals

___________________________________________________________________ A. Value !V. Visual signal! C. ! D. !E. The corresponding signal (phrase) ! for the plane !phrases!Production- !There 's a response ! ! ! The building !actions ________________!____________________!_____!_______!_______________

1. You are Day and night: move- "Close to the Intercepted aircraft, to the territorial aircraft in close proximity to, following parallel terri- turns away from our state course at a safe tory" from the state territory interval on the traverse of the intercepted aircraft, sways from wing to wing, performs at regular intervals- there are rare flashes of aeronautical lights, then a few times performs a "snake" in the horizontal plane with flaps in both directions approximately 10 degrees from the flight line

2. You are logged in Day and night: re- "Terri- Teri Intercepting our grabbing aircraft, tory this state aircraft, following parallel entered" follows the territory course on the beam of the instructions of the intercepted grabbing aircraft, swings the aircraft from wing to wing, performs hourly blinks at regular intervals aerona- With navigation lights, it simultaneously swings from wing to wing, then performs a turn in the horizontal plane with a roll of 15-20 degrees towards the aircraft being intercepted. The approach is carried out with a decrease or with an increase in height of 10-15 meters with great care, but not closer than the wingspan. Repeat until the intercepted aircraft confirms receipt of the signal or a radio clock is set.

3. I need it Day and Night: self- "Request Riquest Intercept- commit flight performs a repeat landing" The landing aircraft is landing, frequent flashing provides assistance with navigation lights and the aircraft being intercepted releases the lights on the aircraft with simultaneous rocking from wing to wing, then a smooth execution of the "snake" in the vertical- the horizontal plane

4. I ask you to get tired- Day and night it is impossible- "Radio Radio To confirm radio communication, you can establish a contact" the contact is requested at a frequency of 128.5, the communication is at a frequency of self-MHz or 124.0 128.5 MHZ or 124.0 fly, ship- MHz, or 130.0 MHz, or 130.0 MHZ to any point MHz the aircraft performs controls and continuous alternation of control during a long and stuffy movement- A short blink is the reception of an aeronautical signal by data lights with a bobbing phrase. switching from a wing to After the contact is established, switch to 128.5 MHz

5. My plane is Not there. " Radio The aircraft offers your contact" ship-to-ship contact, establish radio contact radio contact on a frequency, by exchanging 128.5 MHz or this frequency- 124.0 MHz, both- or 130.0 MHz is switched to 128.5 MHz for radio communication

5. My plane is Not there. " Radio The aircraft also offers your contact" ship-to-ship contact, establish radio contact radio contact on a frequency, by exchanging 128.5 MHz or this frequency- 124.0 MHz, both- or 130.0 MHz is switched to 128.5 MHz for radio communication

6. I am experiencing No "Stop Stop The dangerous level of interfe-inter-circumstances- interference of its rence network is being investigated, and, if necessary, any actions are being established on the frequency.- contact) conditions that may cause dangerous interference

7. Planned No "Laser Lazer I am taking appropriate measures to prevent the use of danger "danger" laser in the area, causing (the phrase is transmitted in person- on the frequency of the installation or introduction of contacts- incurring ta) damage to machinery

8. I am experiencing No "Stop Stop The dangerous level of laser"lazer" is being investigated due to laser irradiation and, in particular, (the phrase if necessary is transmitted at the moment, the frequency of contact is reduced) the use of- using a laser that may harm a person or cause damage to machinery ___________________________________________________________________

The copy is correct: Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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