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

The Law of the Republic of Kazakhstan dated April 22, 2015 No. 306-V SAM

     To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on cooperation in the field of civil defense, prevention and elimination of emergency situations, signed in Almaty on September 6, 2014.

     President of the Republic of Kazakhstan N. NAZARBAYEV

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

Entered into force on November 6, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 6, art. 60

     The Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan, hereinafter referred to as the Parties, striving to strengthen the traditional friendly relations between the two peoples, recognizing that cooperation in the field of civil defense, prevention and elimination of emergency situations can contribute to the well-being and national security of the States of the Parties, aware of the danger that emergencies pose to the States of the Parties, taking into account the benefits for the States Parties to the exchange of scientific and technical information in the field of civil defense, prevention and liquidation of emergency situations, taking into account the possibility of emergency situations that cannot be eliminated by the forces and means of one of the Parties, and the resulting need for coordinated actions by both States to prevent and eliminate emergency situations, taking into account the role of the United Nations and other international organizations in the field of prevention and liquidation of emergency situations, have agreed on the following:

  Article 1 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 teams to provide assistance, equipment and supplies; 2) providing party - a Party that satisfies the request of the other Party to send a team to provide assistance, equipment and supplies 3) authorized body - a body appointed by each of the Parties to manage and coordinate the work related to the implementation of this Agreement;         4) assistance group - a group of specialists, including military personnel, created specifically for sending to the requested party and intended to provide assistance; 5) emergency situation - the situation in a certain territory that has developed as a result of an accident, dangerous natural phenomenon, disaster, natural disaster or other disaster that may or may not result in It represents human casualties, damage to human health or the environment, significant material losses and disruption of human living conditions;         6) emergency prevention - a set of measures aimed at minimizing the risk of emergencies as much as possible, as well as preserving human health, reducing environmental damage and material losses;         7) emergency response - emergency rescue and other urgent work carried out in the event of an emergency and aimed at saving lives and preserving human health, reducing environmental damage and material losses, as well as localizing the emergency zone, terminating the operation of its characteristic dangerous factors; 8) emergency zone - the territory in which the emergency situation has developed;         9) 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.;         10) emergency rescue operations - actions to save people, material and cultural assets, protect the environment in an emergency zone, localize emergency situations and eliminate or bring to the lowest possible level the hazards characteristic of them; 11) equipment - materials, technical and transport means, equipment and personal equipment of the group for 12) support materials - material resources intended for free distribution among the population affected by an emergency situation.  

  Article 2 Authorized bodies

     The Parties shall appoint authorized bodies for the implementation of this Agreement.:        1) from the Kazakh side - the Ministry of Internal Affairs of the Republic of Kazakhstan; 2) from the Tajik side - the Committee for Emergency Situations and Civil Defense under the Government of the Republic of Tajikistan.        The Parties shall immediately notify each other through diplomatic channels of changes in the names of their authorized bodies and the transfer of their functions to other bodies.

  Article 3 Forms of cooperation

     Activities in accordance with this Agreement are carried out in accordance with the national laws of the States of the Parties and are conditioned by the availability of the necessary funds from each of the Parties. Cooperation under this Agreement provides for:        1) organization and monitoring of dangerous man-made and environmental processes, natural phenomena; 2) regular exchange of information on monitoring and forecasting of natural and man-made emergencies;        3) exchange of experience in organizing the preparation of the population for emergency situations, including first aid; 4) organization and coordination of relevant government agencies in emergency response; 5) risk assessment for the environment and the public in connection with possible contamination as a result of industrial accidents, disasters and natural disasters; 6) prevention and elimination of natural disasters;         7) joint planning, development and implementation of research projects, exchange of scientific and technical literature and research results; 8) exchange of information, periodicals, methodological and other literature, video and photographic materials, as well as technologies; 9) organization of joint conferences, seminars, workshops, exercises and trainings; 10) preparation of joint publications and reports;         11) training of specialists in higher educational institutions of the state of the other Party, exchange of trainees, teachers, scientists and specialists; 12) providing mutual assistance in emergency situations; 13) assistance in the passage of humanitarian cargo traveling through the territory of the country party to this Agreement from a third country or to a third country; 14) other activities in the field of areas of emergency prevention and response, which is coordinated by the authorized bodies.  

  Article 4 Cooperation between organizations and institutions

     The Parties shall promote cooperation between government agencies, other organizations, and individuals of the States of the Parties engaged in activities in the field of civil defense, prevention and liquidation of emergency situations.

  Article 5 Conditions for the reception of representatives of the Parties

     When participating in activities established by Article 3 of this Agreement that are not directly related to emergency response assistance, the sending Party shall bear the costs of travel of its representatives to the destination, accommodation and meals for its representatives, unless otherwise agreed by the Parties.       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 6 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 orally and is subject to further written confirmation as soon as possible; 2) the request must contain all information about the nature of the emergency situation, the types and amounts of necessary assistance.;         3) The Party that has received the request has the right to refuse to comply with the request, while 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 works and available assistance groups; 4) The Party that has received the request reviews the request as soon as possible and informs to inform the requesting party about the possibility, form, scope, and conditions of assistance, indicating the composition of the assistance teams, the expertise of the experts, and the imported equipment and rescue equipment. The type of transport used to arrive at the emergency zone and the planned state border crossing point are also indicated.  

  Article 7 Types of assistance

Emergency response assistance is provided by sending teams to provide assistance, equipment, support materials, or in any other requested form.       Relief teams perform emergency rescue operations in the emergency area.       The management of the assistance groups is carried out by the authorized body of the requesting party through the heads of these groups.       The requesting party informs the heads of the providing party's assistance teams about the situation in the emergency zone and at specific work sites, if necessary, provides these groups with interpreters and means of communication, as well as provides security, emergency medical care, and coordinates their actions.       The equipment of the relief teams should be sufficient to conduct autonomous operations in the emergency zone for 72 hours. Upon completion of the equipment stocks, the requesting party provides the specified groups with the necessary means for their further work.

  Article 8 Conditions of crossing the State border by aid groups and the regime of their stay in the territory of the requesting State

     Members of the assistance teams cross the state border of the requesting State through checkpoints open to international traffic, according to documents in accordance with the list of documents for entry, exit, transit, movement and stay in the territory of the member States of the Eurasian Economic Community specified in the annex to the Agreement between the Government of the Republic of Belarus and the Government of the Republic of Kazakhstan., by the Government of the Kyrgyz Republic, The Government of the Russian Federation and the Government of the Republic of Tajikistan on mutual visa-free travel of citizens dated November 30, 2000.       The team leader must have a list of the members of the assistance team and a document issued by the authorized body of the providing party confirming his authority.       Members of the assistance teams are required to comply with the laws of that State during their stay in the territory of the requesting State. At the same time, they are under the jurisdiction of the State of the providing party in the field of labor, criminal and administrative legislation and related issues. The military personnel who are part of the assistance group are subject to the legislation of the State of the providing party regulating the status of a serviceman in terms of labor relations and socio-economic guarantees.       The movement of aid groups, the transportation of their equipment and support materials are carried out by road, rail, water or air transport.       The procedure for using these types of transport to provide assistance is determined by the authorized bodies in coordination with the relevant government agencies.

  Article 9 Import and export of equipment and support materials for emergency response

     Equipment and support materials imported into the territory of the requesting party and exported from the territory of the providing party to assist in emergency situations are exempt from customs duties, fees and taxes.       Customs clearance of equipment and support materials is carried out as a matter of priority on the basis of notifications issued by authorized bodies, which indicate the composition of the assistance teams, the list of imported or exported equipment and support materials.       Aid groups are prohibited from transporting any goods other than equipment and supplies.       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 authorized body of the requesting party on agreed terms. In this case, it is necessary to notify the competent authorities of the requesting party, indicating the types, quantity and location of the transferred equipment.

  Article 10 Use of aircraft

     The authorized body of the providing party shall inform the authorized body of the requesting party of the decision to use aircraft for assistance, indicating their type and markings, route, number of crew members, nature of cargo, place and time of takeoff and landing. The requesting Party authorizes a flight to a specific point on the territory of its State.       Flights are carried out in accordance with the rules established by the International Civil Aviation Organization and the States of the Parties.

  Article 11 Reimbursement of expenses

     The requesting party shall reimburse the providing party for the costs associated with the provision of assistance, unless otherwise agreed by the Parties.       The requesting party may cancel its request for assistance at any time. In this case, the providing party is entitled to receive reimbursement of the expenses incurred by it.       Reimbursement of expenses shall be made immediately upon receipt of a request from the providing party, unless otherwise agreed by the Parties.       The providing party provides insurance for members of the assistance groups. Insurance costs are included in the total cost of assistance.       The providing party is exempt from fees for the flight, landing, parking at the airfield and take-off from it of aircraft, as well as from fees for air navigation services.       The issue of reimbursement of expenses for fuel and maintenance of aircraft of the providing party will be resolved separately on a case-by-case basis.       The Parties shall independently bear the costs that will arise in the course of their implementation of this Agreement within the limits of the funds provided for in accordance with the national laws of the States of the Parties, unless a different procedure is agreed in each specific case.

  Article 12 Compensation for damage

     The requesting party does not charge the providing party in the event of loss of life or injury, damage or destruction of property, or damage to the natural environment on the territory of its State. 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.       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 legislation of its State.       Damage caused by a member of the assistance team intentionally or through gross negligence is subject to compensation by the providing party.

  Article 13 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, unless otherwise agreed in writing by the authorized bodies.       The information may be transferred to third parties with the prior written consent of the submitting party and its representatives in accordance with the national legislation of the State of such Party.

  Article 14 Making changes and additions

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

  Article 15 Dispute resolution

     Disputes and disagreements regarding the interpretation and/or application of the provisions of this Agreement are resolved through negotiations and consultations between the Parties.

  Article 16 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 remains in force until the expiration of six months from the date of receipt by one of the Parties through diplomatic channels of a written notification to the other Party of its intention to terminate this Agreement.       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 6, 2014, in two copies, each in the Kazakh, Tajik and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the text in Russian will apply.

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Tajikistan

     RCPI's note!       The text of the Agreement in Tajik is attached below.

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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