On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the creation of the Kazakh communications and broadcasting satellite "KAZSAT"

Law of the Republic of Kazakhstan dated October 26, 2005 No. 85

       To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation on the creation of the Kazakh communications and broadcasting satellite KAZSAT, signed in Moscow on January 18, 2005.  

     President of the Republic of Kazakhstan  

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation on the creation of the Kazakh communications and broadcasting satellite "KAZSAT"

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on November 16, 2005)

     The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, taking into account The Agreement between the Republic of Kazakhstan and the Russian Federation on the Basic Principles and conditions for the Use of the Baikonur Cosmodrome dated March 28, 1994, the Agreement between the Republic of Kazakhstan and the Russian Federation on the Development of Cooperation on the Effective Use of the Baikonur Complex dated January 9, 2004, and the Lease Agreement for the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation dated December 10, 1994,         Based on the interests of developing mutually beneficial cooperation between the Republic of Kazakhstan and the Russian Federation in the field of space exploration and use, we have agreed on the following:  

  Article 1  

     The purpose of this Agreement is to define the basic principles and conditions for the implementation of cooperation between the Parties on the creation of the Kazakh communications and broadcasting satellite KAZSAT (hereinafter referred to as the KAZSAT satellite), its launch into geostationary orbit and the creation of the Kazakh space communications and broadcasting system on its basis.  

  Article 2  

     Cooperation pursuant to this Agreement is carried out in accordance with the laws of the States of the Parties that do not contradict this Agreement, in compliance with generally recognized norms and principles of international law and without prejudice to the fulfillment by the Parties of obligations under other international treaties to which their States are parties.  

  Article 3  

     The authorized bodies under this Agreement are: from the Kazakh Side - the Agency of the Republic of Kazakhstan for Informatization and Communications and the Ministry of Education and Science of the Republic of Kazakhstan; from the Russian Side - the Federal Space Agency and the Ministry of Information Technology and Communications of the Russian Federation.         The cooperating organizations for the performance (provision) of specific works (services) under this Agreement related to the fulfillment of obligations for the development, manufacture, launch into geostationary orbit and subsequent operation of the KAZSAT satellite, as well as the creation of a ground-based control complex and communications monitoring system in the territory of the Republic of Kazakhstan (hereinafter referred to as the cooperating organizations) are: from the Kazakh Side - Joint-Stock Company "Republican Center for Space Communications and Electromagnetic Compatibility of Radioelectronic Devices" and Joint-Stock Company "Kazsat"; from the Russian Side - Federal State Unitary Enterprise "Khrunichev State Space Research and Production Center" and Federal State Unitary Enterprise "Space Communications".         The Parties shall immediately inform each other through diplomatic channels in the event of a change in their authorized bodies and cooperating organizations.  

  Article 4  

     The KAZSAT satellite is placed into geostationary orbit and placed in a temporarily provided coordinated Russian orbital position in geostationary orbit, determined by agreement of the Parties, in accordance with the frequency polarization plan required for the KAZSAT satellite, provided for by a separate agreement between the communications administrations of the States of the Parties, defining issues of international coordination of the orbital frequency resource.  

  Article 5  

     The cooperating organizations determine the agreed requirements and characteristics of the KAZSAT satellite, the ground control complex and the communication monitoring system of the Kazakh space communication and broadcasting system, the orbital frequency resource, as well as the conditions for the commissioning of the KAZSAT satellite and the facilities of the ground control complex and the communication monitoring system, the training and education of Kazakhstani personnel, and implement they are based on the concluded contracts (agreements).  

  Article 6  

     The principles, norms and procedures of an organizational, financial, legal and technical nature for the work carried out under this Agreement are the subject of separate contracts (agreements).         The parties are not responsible for the obligations arising from individual contracts (agreements) concluded by cooperating organizations.  

  Article 7  

     Within the framework of this Agreement, the Kazakh Side provides: financing of works and services in the required amounts; creation of ground infrastructure facilities in the territory of the Republic of Kazakhstan necessary for the deployment and operation of the KAZSAT satellite ground control system, as well as the communications monitoring system of the Kazakh space communications and broadcasting system.  

  Article 8  

     Taking into account the coordination measures for the Kazakh space communications and broadcasting system provided for by the International Telecommunication Union, the Russian Side, which has a temporarily free orbital frequency resource in geostationary orbit at the time of the launch of the KAZSAT satellite, provides the Kazakh Side on a temporary basis (for the duration of the active existence of the satellite in orbit, but not more than 15 years) coordinated orbital frequency resource by agreement of the Parties in accordance with the frequency polarization plan required for the KAZSAT satellite., subject to existing international coordination agreements.         The Parties exchange information on the allocation of the radio frequency spectrum and assist each other in coordinating orbital frequency assignments in the International Telecommunication Union, including issues of joint protection of frequency allocation.  

  Article 9  

     The Parties jointly ensure the registration of the KAZSAT satellite as a space object in geostationary orbit in accordance with the Convention on Registration of Objects Launched into Outer Space of January 14, 1975.  

  Article 10  

     Equipment and components, including auxiliary equipment and software, which are imported into the customs territory of the Republic of Kazakhstan, including from third countries, for the purpose of creating and launching the KAZSAT satellite into orbit, creating a ground-based control complex and a communications monitoring system for the Kazakh space communications and broadcasting system, are completely exempt in the territory of the Republic of Kazakhstan from collection of customs duties, taxes and other charges.         Customs clearance of the specified equipment and components is carried out without the provision of licenses and other permits from the state authorities of the Kazakh Side only if there is a document issued by the authorized body of the Kazakh Side confirming their use for the purposes of this Agreement.  

  Article 11  

     The Parties shall ensure the protection of intellectual property used in the performance of work under this Agreement, in accordance with the laws of the States of the Parties, as well as international treaties to which the States of the Parties are parties at the same time.         Cooperation under this Agreement does not affect the rights of the Parties and cooperating organizations to intellectual property acquired by them prior to the commencement of joint activities under this Agreement or independently of this Agreement.  

  Article 12  

     The Parties, authorized bodies and cooperating organizations shall exchange confidential information in accordance with the procedure established by the laws of the States of the Parties and this Agreement.         Confidential information is indicated by the Parties, authorized bodies and cooperating organizations by marking "Confidential" on the carrier of the specified information. The responsibility for such designation lies with the Party, authorized body or cooperating organization whose information requires such confidentiality.        The transfer and protection of classified information is carried out in accordance with the procedure provided for by the legislation of the State of the transferring Party and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Mutual Protection of Classified Information dated July 7, 2004.         Each Party, its authorized body or cooperating organization protects secret and/or confidential information received from the other Party, its authorized body or cooperating organization in accordance with the legislation of its State.         Any information about joint developments carried out under this Agreement may be disclosed to third parties that are not parties to it only with the written consent of the Parties.  

  Article 13  

     The Parties and their authorized bodies may, by mutual agreement, inform the public about activities under this Agreement.  

  Article 14  

In cases of disputes related to the interpretation and/or implementation of this Agreement, the Parties or their authorized bodies shall hold consultations or negotiations to resolve them.         Disputes that have not been settled in accordance with the procedures provided for in the first paragraph of this Article may, at the request of either Party, be submitted to an arbitration court within 6 (six) months after one of the Parties sends a written request to the other Party for such settlement. The procedure for the establishment and terms of operation of the arbitration court are determined by a separate agreement concluded by the Parties within one year from the date of signing this Agreement.  

  Article 15  

     This Agreement shall be applied temporarily from the date of its signing and shall enter into force from the date of receipt of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.         This Agreement is valid until the Parties have fully fulfilled their obligations.         Either Party may terminate this Agreement by giving written notice to the other Party of its intention to terminate it at least 6 (six) months prior to the expected date of termination.         Termination of this Agreement does not serve as a legal basis for reviewing the rights or obligations of legal entities that arose in connection with the execution of this Agreement prior to its termination.         This Agreement may be amended and supplemented by concluding separate protocols between the Parties. These protocols shall enter into force in the manner prescribed for the entry into force of this Agreement.  

     Done in Moscow on January 18, 2005, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.  

     For the Government For the Government of the Republic of Kazakhstan                   Of the Russian Federation  

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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