On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia 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 Republic of Armenia on cooperation in the field of civil defense, Prevention and Liquidation of Emergency Situations

The Law of the Republic of Kazakhstan dated November 1, 2019 No. 269-VI SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on cooperation in the field of civil defense, prevention and elimination of emergency situations, signed in Almaty on September 12, 2018.

President Republic of Kazakhstan

K. TOKAEV

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

The Government of the Republic of Kazakhstan and the Government of the Republic of Armenia, hereinafter referred to as the Parties,

Striving to strengthen the traditional friendly relations between the peoples of their States,

Recognizing that the development of cooperation between their States 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 posed by emergencies for the States of the Parties,

Considering the benefits for the States of the Parties of the exchange of scientific and technical information in the field of civil defense, prevention and liquidation of emergency situations,

have agreed on the following:

Article 1 Subject of the Agreement

This Agreement defines the interaction of the Parties in the field of civil defense, prevention of natural and man-made risks, emergency response, training of civil defense specialists to provide voluntary and mutual assistance in cases of accidents, disasters and catastrophes that led to emergencies.

Article 2 Terms used in this Agreement

The terms used in this Agreement have the following meanings:

1) requesting Party - A Party that requests the other Party to send assistance teams, equipment and rescue equipment;

2) providing party - A Party that satisfies the request of the other Party to send teams to provide assistance, equipment and rescue equipment.;

3) competent authority - the state body appointed by each of the Parties for the implementation of this Agreement;

4) assistance teams - teams of assistance specialists, including military personnel, who arrived at the disaster site at the request of the requesting party, intended to provide assistance and provided with the necessary equipment.;

5) emergency situation - the situation in a certain territory that has arisen as a result of an accident, disaster or catastrophe that has caused or may cause human casualties, damage to human health, the environment and economic facilities, significant material losses and violations of the living conditions of the population;

6) emergency prevention - a set of measures carried out in advance and aimed at minimizing the risk of emergency situations, preserving human health and life, reducing the amount of damage to the environment and material losses in the event of these situations.;

7) liquidation of emergency situations - search and rescue, emergency recovery and other urgent work carried out in case of emergency situations and aimed at saving lives and preserving human health, reducing damage and material losses, as well as localizing emergency zones;

8) civil defense is a state system of governing bodies and a set of national measures carried out in peacetime and wartime in order to protect the population, economic facilities and the territory of the country from the effects of damaging (destructive) factors of modern weapons, natural and man-made emergencies.;

9) emergency zone - the territory in which an emergency situation has developed;

10) rescue operations - actions in an emergency zone to save people, material and cultural assets, protect the environment, localize and suppress an emergency situation or bring it to the lowest possible level of exposure to its characteristic hazards;

11) equipment - equipment, technical and transport facilities, equipment of aid groups, as well as personal equipment of members of aid groups;

12) rescue equipment - additional equipment and other items intended for use by aid groups;

13) transit state - the State of the Party through whose territory emergency rescue units, equipment and support materials are transported to third countries.

Article 3 Competent authorities

1. The Parties shall determine the competent authorities for the implementation of this Agreement.:

1) from the Kazakh side - the Ministry of Internal Affairs of the Republic of Kazakhstan;

2) on behalf of the Armenian side - the Ministry of Territorial Administration and Emergency Situations of the Republic of Armenia.

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 Forms of cooperation

1. All activities under this Agreement are carried out in accordance with the national laws of the States of the Parties. Cooperation under this Agreement may take the following forms::

1) exchange of information on forecasting, prevention and assessment of emergency situations;

2) exchange of monitoring information on the state of the environment;

3) exchange of experience in organizing the preparation of the population for emergency situations, including first aid;

4) organization of interaction of interested state structures for the prevention and elimination of emergency situations;

5) organization of interstate notification and notification of emergency situations;

6) assessment of the risk to the environment and the public in connection with possible pollution as a result of accidents or natural disasters;

7) exchange of experience in the field of studying the prospects for the application of existing risk insurance systems in case of emergencies;

8) joint planning, development and implementation of research projects, exchange of scientific and technical literature and research results, scientific and methodological materials, including in personnel work;

9) exchange of information, periodicals, methodological literature, video and photographic materials;

10) organization of joint conferences, seminars, workshops, exercises and trainings;

11) preparation of joint publications and reports;

12) training, retraining, advanced training and internship of specialists in the field of civil defense, prevention and liquidation of emergency situations;

13) assessment of equipment and equipment used by relief teams;

14) providing mutual assistance in emergency situations.

2. This cooperation may be extended to any other activity determined by the general 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 5 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 6 Conditions of reception of representatives of the Parties

1. The sending Party, when participating in activities established by Article 4 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 7 Providing assistance

The Parties provide mutual assistance in emergency situations in the following order::

1. Assistance in 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 in writing to the competent authority.

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 State of the providing party, existing jobs and 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 experts, and imported equipment and rescue equipment. The type of transport used to arrive at the emergency zone and the planned state border crossing point are also indicated.

Article 8 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 9 of this Agreement.

2. The State of the requesting Party shall provide medical care to the assistance teams of the providing party during their stay in the territory of the State of the requesting party.

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 34 calendar days from the date of cancellation of the request for assistance.

4. The providing party provides insurance for members of the assistance groups. Insurance costs are included in the total cost of assistance.

Article 9 Types of assistance

1. Emergency response assistance is provided by sending relief teams, medical teams, equipment and life-saving equipment, and medical supplies, 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 10 Transit

The Party of the transit State, in accordance with customs legislation, shall facilitate the unhindered movement of emergency rescue units, equipment and support materials of the providing Party to third countries through the territory of its State on the basis of agreements concluded with these States on cooperation in the field of emergency prevention and response.

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 heads 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 head.

3. The interaction and coordination of the competent authority of the requesting party with the assistance team of the providing party is carried out through the head of this group.

4. 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.

5. The requesting Party shall inform the head of the assistance team of the providing party about the situation in the emergency zone and at specific work sites.

6. If necessary, the requesting party shall provide these assistance teams of the providing party with interpreters and means of communication, as well as their security.

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 team leader must have a list of 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 providing party's assistance teams may stay in the territory of the requesting party's State without a visa or residence permit.

4. Members of the providing party's assistance teams are required to comply with the laws of that State during their stay in the territory of the requesting party's 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 necessary to assist in emergency response, imported into or exported from the territory of the States of the Parties, are placed under the customs procedure as a matter of priority in accordance with the national legislation of the States of the Parties.

2. The head of the providing party's assistance team must have a list of imported equipment and life-saving equipment issued by the competent authority of the providing party.

3. Assistance teams of the providing party are prohibited from importing into the territory of the requesting party's State or exporting from the territory of the requesting party's State any items other than equipment and rescue equipment.

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 victims, the necessary amount of medicines containing narcotic and psychotropic substances may be imported into the territory of the requesting State, with mandatory coordination of the nomenclature, quantity and place of use of these substances with the competent drug control authorities of each of the Parties (hereinafter referred to as the agreed list). The head of the assistance team submits the agreed list to the Customs authorities of the providing and requesting parties.

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 medical products 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 traffic shall apply, in particular, when transmitting flight information to the authorities responsible for air traffic. Flights are operated in accordance with the rules established by the International Civil Aviation Organization (ICAO) and the States of the Parties.

Article 15 Completion of work

1. After the completion of the assistance 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 is exempt from payment for the flight, landing, parking at the airfield and take-off from it of aircraft, as well as air navigation services.

3. The requesting Party shall reimburse the costs of aircraft fuel, unless otherwise agreed by the Parties.

Article 17 Compensation for damage

1. The requesting Party shall pay compensation to the providing Party in cases of death or injury to persons, as well as destruction or damage to equipment or other property of this Party, if such damage is caused during the performance of tasks related to the implementation of this Agreement. The amount of compensation is negotiated separately on a case-by-case basis.

2. If a member of the providing party's assistance team causes damage to a legal entity or individual while performing tasks related to the implementation of this Agreement in the territory of the requesting party's State, the requesting party shall compensate the damage in accordance with the national legislation of its State.

3. Damage caused by a member of the assistance team intentionally or through gross negligence is subject to compensation by the providing party in accordance with the national legislation of the providing party's State, regardless of the degree of fault.

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 their States 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. Amendments and additions to this Agreement are made by mutual agreement of the Parties, are integral parts of this Agreement and are formalized by separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this Article.

3. This Agreement shall remain in force until 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 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 Almaty on September 12, 2018, in two copies, each in the Kazakh, Armenian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian.

For the Government Republic of Kazakhstan

For the Government Republic of Armenia

President

Republic of Kazakhstan

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