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 Field of Exploration and Use of Outer Space for Peaceful Purposes

Law of the Republic of Kazakhstan dated January 17, 2011 No. 390-IV

     To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Cooperation in the Field of Exploration and Use of Outer Space for Peaceful Purposes, signed in Astana on May 22, 2008.

     President of the Republic of Kazakhstan N. Nazarbayev

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of Agreement of the Russian Federation on cooperation in the field of exploration and use of outer space for peaceful purposes

(Entered into force on August 20, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 5, art. 43)

     The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, desiring to continue and develop long-term cooperation in the field of space exploration and use and the application of space technologies for peaceful purposes, reaffirming their commitment The Treaty of Friendship, Cooperation and Mutual Assistance between the Republic of Kazakhstan and the Russian Federation dated May 25, 1992, acting in the spirit of the Joint Statement of the President of the Republic of Kazakhstan and the President of the Russian Federation, signed in Almaty on June 17, 2006, recognizing the practical importance and potential mutual benefits of focused international cooperation in the space field based on scientific and industrial cooperation,       Considering such scientific, technical and business cooperation through various mutually beneficial forms of joint ventures and other types of partnerships in space exploration and the application of space technology as a continuation of the long-term productive cooperation between the two countries in the use of the Baikonur complex under the terms of its lease by the Russian Federation, taking into account Agreement between the Republic of Kazakhstan and the Russian Federation on the Basic Principles and conditions of 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 development and use outer space,       Taking into account the provisions The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, dated January 27, 1967, as well as other multilateral treaties governing the use of outer space in which the Republic of Kazakhstan and the Russian Federation participate, have agreed as follows:

  Article 1 Definitions

The terms used in this Agreement mean the following:       a) "joint activities" - activities pursuant to this Agreement related to the exploration and use of outer space and the application of space technology and technology for peaceful purposes, which are defined as such in agreements (contracts), including joint activities in relation to protected products and technologies, and in accordance with paragraph 3 of Article 2 and paragraph 4 of Article 11 of this Agreement activities related to the use of the Baikonur complex under the terms of its lease by the Russian Federation;       b) "participants in joint activities" - consignors, designated organizations, any other legal entities and (or) individuals, their representatives, contractors or subcontractors who, in accordance with the laws of the States of the Parties, are authorized by the Parties and (or) their competent authorities to carry out joint activities under this Agreement; c) "consignors" - any natural or legal persons who, in accordance with the laws of the States of the Parties, have been granted licenses and (or) other permits for the import and (or) export of protected products and technologies;       (d) "Intellectual property" - intellectual property defined in accordance with article 2 of the Convention establishing the World Intellectual Property Organization of July 14, 1967; (e) "prior intellectual property" - intellectual property to which the Parties or participants in a joint activity have obtained or designated rights prior to the commencement of any joint activity, or intellectual property property that is the result of independent activity or independent research;       f) "jointly created intellectual property" - intellectual property created as a result of joint activities; g) "information" - information about persons, objects, facts, events, phenomena and processes, in particular of a technical, commercial or financial nature, and scientific and technical data related to joint activities, the progress of its implementation and the results obtained, regardless of the form of their presentation and media;       h) "business confidential information" - scientific, technical, commercial, technological, production, financial and economic information, including components of production secrets (know-how), regardless of the form of their presentation and carrier, meeting the following conditions:       Possession of this information may provide benefits, in particular economic, scientific or technical benefits, or gain a competitive advantage over persons who do not possess it: this information is not generally known or widely available from various sources on legitimate grounds.;       this information has not been previously disclosed by its owner to third parties without the obligation to maintain its confidentiality; this information is no longer at the disposal of the recipient without the obligation to maintain its confidentiality; the owner of this information takes measures to protect its confidentiality; and) "confidential information" - information of limited access, which is not classified information, which is properly designated as such, and on the media of which a mark is affixed: in the Republic of Kazakhstan - "For official use";       in the Russian Federation - "For official use"; k) "classified information" - information that contains information classified as state secrets in the Republic of Kazakhstan and a state secret in the Russian Federation, and the dissemination of which may damage the security of the Republic of Kazakhstan and the Russian Federation, respectively;       k) "plans for the evaluation and use of the results of intellectual activity" - specific plans of participants in joint activities on the implementation of joint activities or joint research, their respective rights and obligations, which, in relation to intellectual property, in particular, define:       the procedure for the distribution and use of rights to jointly created intellectual property, including for scientific and research purposes, its dissemination, including agreements on joint publications; the rights and obligations of researchers and scientists;       relevant contributions from the Parties or participants in joint activities, including previous intellectual property; licensing and transfer of research results;       m) "Protected products and technologies" - any goods representing objects, materials, supplied or manufactured products, including equipment for various purposes, any technologies, meaning, in particular, inventions, utility models, know-how, industrial designs and programs for electronic computing machines, including in the form of technical data or technical assistance, and (or) containing information (other than publicly available information) in any form, including oral information, technical designs, drawings, photographs, videos, plans, instructions and documentation, necessary for the technical design, construction, development, production, processing, manufacture, use, operation, major repairs, routine repairs, maintenance, modification, improvement of characteristics or modernization of protected products and technologies, in respect of which state bodies authorized in accordance with the laws of the States of the Parties, export licenses are issued and (or) in respect of which either Party is granted other permits for export to the territory of the other Party's state and is controlled by the exporting Party through its authorized bodies in accordance with the legislation of the exporting Party's state and on the basis of this Agreement.;       h) "control" means any requirement or condition regarding the export or re-export of protected products and technologies, including export licenses, other permits, accounting and reporting requirements for access to protected products and technologies that meet the objectives of effective export control and technology protection measures;       o) "technology protection plans" - plans containing, in the form of written instructions or other mandatory provisions, a detailed description of specific measures to comply with the requirements of physical and legal protection of protected products and technologies on an ongoing basis, including special conditions and restrictions in case of emergencies, as well as a description of operations in relation to all facilities, premises, vehicles or their separate areas where protected products and technologies are located, indicating security procedures and access to such places;       n) "goods" - such products (objects, materials and products) related to the exploration and use of outer space for peaceful purposes, such as spacecraft and space launch vehicles, their elements, components and spare parts, instruments, devices, control, testing and technological equipment, including those related to they include technologically inherent natural or artificial substances or materials, products supplied or manufactured, technologies in the form of information and data recorded on tangible media, programs for electronic-computing machines and databases obtained as a result of research, research or development, experimental design and engineering developments, as well as other information in any material form, including production documentation and technical specifications, trade secrets and know-how, inventions, industrial designs, utility models and pilot design developments;       p) "import" - any movement across the customs border of the Republic of Kazakhstan into its territory and across the customs border of the Russian Federation into its territory of goods transported for the purpose of joint activities; c) "export" - any movement across the customs border of the Republic of Kazakhstan from its territory and across the customs border of the Russian Federation from its territory of goods, transported for the purposes of joint activities;       t) "joint activities in relation to protected products and technologies" - all actions related to the handling of protected products and technologies, including discussion of technical issues, all stages of handling any special documentation, preparation of draft designs, execution of design work, development, manufacture, supply (transportation), installation, maintenance maintenance, storage and operation of protected products and technologies, provision of technical guidance and provision of operational and marketing services;       y) "Russian representatives" - natural persons employed in public service in the Russian Federation, and (or) natural and (or) legal persons authorized by the Russian Side or its competent authorities and designated organizations specified in paragraphs 1 - 3 of Article 5 of this Agreement, to carry out joint activities with respect to protected products and technologies, including any duly authorized representatives of the Russian Side, Russian consignees, their employees, representatives, contractors or subcontractors, who, in connection with the issuance of export (import) licenses in the Russian Federation and (or) the issuance of other permits by the Russian Side, participate in joint activities with respect to protected products and technologies and (or) have or may have access to protected products and technologies and are under the jurisdiction and (or) control of the Russian Federation;       

Article 2 Purpose and scope

     1. The purpose of this Agreement is to promote the establishment of a legal and organizational framework for mutually beneficial cooperation in the field of exploration and use of outer space for peaceful purposes.       2. Cooperation under this Agreement is carried out in accordance with the laws of the States of the Parties in compliance with generally recognized principles and norms of international law and without prejudice to the fulfillment by the Parties of their obligations and the exercise of their rights under other international treaties and agreements to which the Republic of Kazakhstan and (or) the Russian Federation are parties.       3. The procedure and conditions for the application of the provisions of this Agreement with respect to activities related to the use of the Baikonur complex under the terms of its lease by the Russian Federation are determined in accordance with the Agreement between the Republic of Kazakhstan and the Russian Federation on the Basic Principles and Conditions of Use of the Baikonur Cosmodrome dated March 28, 1994 and the Lease Agreement of the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation dated December 10, 1994.

  Article 3 Areas of cooperation

     Cooperation under this Agreement is carried out in the following areas::       space exploration; remote sensing of the Earth; development of spacecraft, launch vehicles and other space-related equipment; creation and development of ground-based space infrastructure; launches of spacecraft and scientific equipment; space communications and related information technologies and services; satellite navigation systems and technologies; manned space flights;       space medicine and biology.       Other areas of cooperation are determined by mutual agreement between the Parties in writing.

  Article 4 Forms of cooperation

     Cooperation under this Agreement is carried out in the following forms: planning and implementation of joint programs and projects, including with the participation of third countries; mutual exchange of scientific and technical information, special knowledge, experimental data, results of development work and materials in various fields of space technology and technology;       mutual assistance in access to government programs for the exploration and use of outer space for peaceful purposes and the practical application of technological innovations in this field, as well as to international programs aimed at developing space infrastructure; the use of ground-based facilities and systems for launching and controlling spacecraft; organization of training programs, exchange of specialists and scientists;       mutual promotion of access by citizens of the State of one Party to the full study of curricula in higher educational institutions of the State of the other Party; holding joint symposiums and conferences; creation of joint ventures and support for other forms of cooperation.       Additional forms of cooperation are determined by mutual agreement between the Parties in writing.

  Article 5 Institutional framework for cooperation

     1. The competent authorities of the Parties responsible for the development and coordination of cooperation provided for in this Agreement are:       from the Kazakh Side - the National Space Agency of the Republic of Kazakhstan; from the Russian Side - the Federal Space Agency.       2. In accordance with the laws of the States of the Parties, the Parties or the competent authorities may additionally appoint organizations to carry out specialized activities within the framework of individual cooperation programs and projects pursuant to this Agreement (hereinafter referred to as designated organizations).       Designated organizations may also include joint ventures designated by the competent authorities, which are legal entities (including commercial organizations with foreign investments or other forms of business partnerships) registered and operating jointly under licenses and/or other permits issued in accordance with the laws of the States of the Parties.       3. The Kazakh Side authorizes the Ministry of Industry and Trade of the Republic of Kazakhstan and the Russian Side authorizes the Ministry of Defense of the Russian Federation and the Federal Service for Technical and Export Control (hereinafter referred to as the authorized bodies) to implement, together with the competent authorities, measures to protect technologies in accordance with paragraphs 2 and 3 of Article 9 of this Agreement.       4. The Parties, their competent authorities and designated organizations shall promote the establishment and development of cooperation between public and private organizations of both States, including with the participation of organizations of third States and international organizations.       5. The organizational, financial, legal and technical conditions for the implementation of specific cooperation programs and projects under this Agreement are the subject of separate agreements directly between the Parties or separate agreements (contracts) between participants in joint activities (hereinafter referred to as separate agreements).

  Article 6 Financing

     1. Financing of joint activities carried out in accordance with this Agreement within the framework of state policy in the field of exploration and use of outer space for peaceful purposes shall be provided by the Parties in accordance with the laws of the States of the Parties concerning budgetary regulation, and depending on the availability of funds allocated for these purposes.       2. Financing of joint activities that go beyond budget allocations and/or government programs is the responsibility of the competent authorities and/or designated organizations involved in such activities and is stipulated in separate agreements.       3. Nothing in this Article shall be interpreted as creating additional obligations for the Parties to ensure budgetary financing of cooperation carried out in accordance with this Agreement.

  Article 7 Intellectual property

     1. The Parties shall ensure adequate and effective protection of intellectual property rights created or provided under this Agreement in accordance with the laws of the States of the Parties and international obligations and provisions of this Agreement.       2. The Parties and participants in joint activities may specify in separate agreements the provisions to be observed concerning intellectual property used in the framework of joint activities and (or) resulting from it in accordance with this Agreement, observing the principles and norms provided for in Annex 1, which forms an integral part of this Agreement.

  Article 8 Exchange of information

1. The Parties, through their competent authorities, shall facilitate the mutual exchange of information related to joint activities in accordance with this Agreement and the main directions of the national space programs of the States of the Parties. Each Party and the participants in the joint activity shall provide the other Party and its participants in the joint activity with access to the results of scientific research and work carried out jointly in a reasonably short time.       2. Without prejudice to the provisions of section 3 of Annex 1 to this Agreement, the Parties shall exchange information, the dissemination of which is not restricted by the requirements of the laws of the States of the Parties, and, if necessary, confidential information in accordance with the laws of the States of the Parties, the provisions of this Agreement and individual agreements.       3. Separate agreements provide for the protection of confidential information and the conditions under which such confidential information may be shared with participants in joint activities or any third parties and any third parties, including contractors and subcontractors. Individual agreements, if necessary, provide for the adoption of all necessary additional measures in relation to representatives of the Parties or participants in joint activities to comply with obligations to protect confidential information.       4. The responsibility for identifying confidential information lies with the Party or the participant in the joint activity, whose information requires such confidentiality. The Parties and participants in joint activities shall take all necessary measures to protect all correspondence that contains confidential information in accordance with the laws of the States of the Parties.       Each of the Parties, through its competent authorities, shall reduce to a minimum the number of persons having access to confidential information transmitted by the other Party or its competent authority for the purpose of executing this Agreement, limiting the circle of such informed persons to participants in joint activities who need access to such information to perform their official duties for the purposes provided for in this Agreement.       Each of the Parties shall oblige the participants in joint activities to reduce to a minimum the number of persons having access to confidential information transmitted by the participants in joint activities to each other during the execution of this Agreement, limiting the circle of such informed persons to employees and specialists who are citizens of the relevant State, who need access to such information to perform their official duties for the purposes stipulated by the Legislation of the Russian Federation. by this Agreement.       5. None of the Parties and none of the participants in joint activities shall disclose or transfer to any third parties (third parties) the information provided for in paragraphs 1 and 2 of this Article received from the other Party and (or) a participant in joint activities, unless the Parties or participants in joint activities mutually agree otherwise in writing the form.       6. Nothing in this Agreement shall be considered as an obligation of either Party to transfer any information under this Agreement or any basis for any other transfer of information in general within the framework of joint activities, if such transfer is contrary to the security interests of its State. If the transfer of specific information classified as classified information in the State of either Party is deemed necessary by the Parties for the purposes of joint activities, the procedure for the transfer and handling of such information is regulated by the laws of the States of the Parties 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, as well as if necessary, by another separate special agreement between the Parties in writing.

  Article 9 Property protection and technology protection measures

     1. Each Party, taking into account the laws of the States of the Parties, ensures respect for the interests of the other Party and participants in joint activities related to the legal and physical protection of their property located on the territory of the relevant State within the framework of joint activities, including the immunity of mutually agreed categories of goods from any forms and types of seizures or enforcement proceedings. Proper protection of property used in the framework of joint activities may be provided for in separate agreements on the implementation of specific space projects.       2. In order to carry out specific types of joint activities, the Parties, if necessary, conclude and (or) assist in the conclusion by participants in joint activities of agreements on technology protection measures in order to provide detailed conditions:       a) to prevent any unauthorized access to exported protected products and technologies, any unauthorized subsequent transfer by the importing Party and (or) participants in joint activities and the export of protected products and technologies for other purposes and (or) their misuse by the exporter or importer (end user); b) for implementation by Kazakhstani representatives and Russian representatives with skills and competence in handling protected products and technologies, appropriate functions for the effective protection of protected products and technologies and control over their handling;       c) to develop and implement specific technology protection plans.       3. In order to implement the provisions of paragraphs 1 and 2 of this Article, the Parties, through their competent authorities and authorized bodies, ensure the practical application of technology protection measures provided for in Annex 2, which forms an integral part of this Agreement.

  Article 10 Export control

     The Parties shall act in accordance with the laws of the States of the Parties in the field of export control in respect of those goods and services that are included in the lists and lists of export controls in the Republic of Kazakhstan and the Russian Federation. The transfer of information, technical data, equipment and other products, including industrial products, intellectual property and the provision of services in the territory of the exporter, importer or any third State, by the Parties or participants in joint activities to each other in the framework of any form of cooperation in accordance with this Agreement, is carried out in accordance with the laws of the States of the Parties related to export control.

  Article 11 Customs regulation

     1. Goods imported and/or exported under this Agreement are subject to exemption from customs duties and taxes levied by customs authorities on the basis of this Agreement.       2. Exemptions from payment of duties and taxes provided for in this article are also granted in respect of goods imported into the customs territory of the Republic of Kazakhstan or the customs territory of the Russian Federation from third countries and (or) exported from the customs territory of the Republic of Kazakhstan or the customs territory of the Russian Federation to third countries, regardless of their country of origin, including including with respect to goods, imported and (or) exported within the framework of multilateral agreements or programs and projects of cooperation in the field of exploration and use of outer space for peaceful purposes, in which the Parties and (or) participants in joint activities of both Parties participate.       3. In each case, the competent authorities shall confirm to the customs authorities of the States of the Parties that the import and (or) export of goods is carried out within the framework of this Agreement, accompanying such confirmation with information on the nomenclature and quantity of goods. Specific lists and quantities of goods transported across the customs borders of the States of the Parties and specifically intended for the purposes of cooperation under and under the terms of this Agreement shall be agreed upon by the competent authorities of both Parties in writing in accordance with the laws of the States of the Parties prior to the delivery of such goods.       4. The procedure for the provision by the competent authority of the Republic of Kazakhstan to the customs authority of the Republic of Kazakhstan of information on goods exempt from customs duties and taxes upon importation into the customs territory and (or) export from the customs territory of the Republic of Kazakhstan under this Agreement is determined by the Government of the Republic of Kazakhstan.       5. The application of the provisions of this Agreement does not cancel the current simplified procedure for the movement of goods for the purposes provided for by 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.       6. The provisions of this article do not apply to goods subject to excise tax.

  Article 12 Liability

1. The Parties shall, on a reciprocal basis, waive any claims to each other for liability and compensation for damage and shall not make any claims to each other and participants in joint activities in connection with damage caused to each other, to persons of each Party from among their own personnel and their own property in connection with the participation of such persons and the use of of such property in joint activities under this Agreement.       2. The Parties and (or) competent authorities, on a reciprocal basis and in compliance with the laws of the States of the Parties, apply procedures for implementing the principle of mutual waiver of claims for liability and compensation for damage through a coordinated practice, according to which each Party and participants in joint activities do not mutually file any claims or lawsuits against the other Party and its participants in joint activities. activities related to damage that may be unintentionally caused to their own property and/or persons from among their staff. Such practices may, if necessary and subject to the relevant contractual provisions, extend to the activities of contractors and subcontractors.       3. The principle of non-filing claims for liability and compensation for damage provided for in paragraphs 1 and 2 of this Article applies only if one Party, participants in joint activities or the property of this Party and participants in joint activities that cause damage, and the other Party and participants in joint activities or the property of this other Party and participants joint activities that are harmed, respectively, participate in or are used in joint activities under this Agreement.       4. The Parties and (or) participants in joint activities may, within the framework of separate agreements, limit the scope or otherwise modify the provisions on mutual waiver of claims for liability and compensation for damage provided for in this article, to the extent necessary due to the specific nature of the joint activity. They may, in particular, agree on additional or alternative provisions on the allocation of liability and compensation for damages in relation to a particular type of joint activity.       5. Mutual waiver of claims for liability and compensation for damage in accordance with paragraphs 1-3 of this article does not apply to claims.:       a) in connection with compensation for bodily injury, infliction of any other serious harm to the health of an individual or the death of such a person, brought by that person or any person entitled by law (the executors of such an individual, his heirs or persons to whom the rights are transferred by way of subrogation);       b) in connection with the emergence of relations between any Party and participants in joint activities, as well as relations between such participants in joint activities; c) in relation to intellectual property; d) for damage caused by intentional unlawful acts or acts committed through gross negligence; e) in relation to expressly stipulated contractual provisions.       6. The provisions of this article are without prejudice to the application of the relevant principles and norms established by international law, in particular with respect to claims based on the Convention on International Liability for Damage Caused by Space Objects of March 29, 1972.       7. The Parties shall consult on any case concerning liability that may arise in accordance with international law, including the Convention referred to in paragraph 6 of this article, with regard to the distribution of the burden of compensation for damages and protection in court against possible claims. The Parties shall cooperate to establish each fact in the investigation of any incident or accident in which liability may arise, in particular through the exchange of experts and information.       8. The Parties shall instruct the competent authorities to ensure general control over the compliance of the practice of concluding individual agreements with the requirements related to the practical application of the principle of mutual waiver of claims for liability and compensation for damage provided for in this article.

  Article 13 Industrial activity

     1. The Parties shall encourage the establishment of joint ventures and other forms of cooperation between Kazakh and Russian legal entities related to the application of the results of space activities. With this in mind, the Parties, in accordance with the laws of the States of the Parties, shall take measures to mutually promote entrepreneurial activity and the implementation of trade and economic operations, as well as attract appropriate investments.       2. Each of the Parties, through its competent authorities, on the basis of reciprocity, creates favorable conditions for the participation of designated organizations in tenders for industrial production or the provision of specialized services in the field of space activities organized in its State in connection with the implementation of activities related to the exploration and use of outer space and the application of space technologies for peaceful purposes.       The Parties, through their competent authorities, cooperate in order to create conditions for the open and competitive conclusion of public procurement contracts in order to implement specific space projects, and in this regard, facilitate the mutual exchange of information in the field of standards and certification systems.

  Article 14 Dispute settlement

     1. In cases of disputes between the Parties related to the interpretation and (or) execution of this Agreement, the Parties, through their competent authorities, primarily conduct consultations or negotiations through diplomatic channels to achieve a friendly settlement.       2. Disputes between participants in joint activities on issues directly related to the interpretation and (or) execution of this Agreement are referred to the joint consideration of the heads of competent authorities and (or) designated organizations or their representatives, who make every effort to resolve the dispute by mutual agreement. By an agreed decision of these supervisors, disputes may be referred to the Parties for settlement in order to reach agreement or prepare an opinion or recommendations on all matters of fact and rule of law related to the disputed issue. Such disputes may also be considered and resolved through any other mutually agreed procedure. 3. In the absence of general agreement on other settlement methods, disputes that have not been settled in accordance with the procedures provided for in paragraphs 1 and 2 of this article may, at the request of either Party, be submitted to the arbitral tribunal within six months after one of the Parties sends a written request for such settlement to the other Party. established in accordance with the provisions of this article.       4. The arbitral tribunal is formed in relation to each specific case, with each Party appointing an arbitrator, and these two arbitrators choosing a third arbitrator, a citizen of a third country, who is appointed by the chairman of the arbitral tribunal. The first two arbitrators are appointed within two months, and the chairman of the arbitral tribunal - within three months after one of the Parties informs the other Party of its desire to submit the dispute to the arbitral tribunal. 5. If the arbitrators are not appointed within the time limits specified in paragraph 4 of this article, either Party may, unless otherwise agreed, invite the President of the International Court of Justice to make all necessary appointments. If the President of the International Court of Justice is a national of any of the States of the Parties or if for any other reason he is unable to perform this function, the necessary appointments shall be made by the next most senior member of the International Court of Justice, who is not a national of any of the States of the Parties.       6. The arbitral tribunal shall make decisions by a majority vote in writing on the basis of existing agreements between the Parties and generally accepted principles and norms of international law. Its decisions are final and are not subject to appeal unless the Parties have agreed in writing in advance on an appeal procedure.       At the request of both Parties, the arbitral tribunal may formulate recommendations that, without the force of a decision, may provide the Parties with a basis for considering the issue that caused the dispute.       The decisions or advisory opinions of the arbitral tribunal are limited to the subject of the dispute, and they set out the reasons on which they are based.       7. Each Party shall bear the costs associated with the activities of its arbitrator and its lawyer during the arbitration proceedings. The Parties shall bear the expenses related to the activities of the chairman of the arbitration court during the arbitration proceedings in equal shares. Unless otherwise agreed by the Parties, all other costs related to the settlement of the dispute through arbitration shall be distributed equally between the Parties.       In all other respects, the arbitral tribunal sets its own rules of procedure. 8. If necessary, in particular with regard to specific projects in the field of space activities, the Parties, competent authorities or designated organizations may decide by mutual agreement on other appropriate means of dispute resolution.       9. Individual agreements, if necessary, provide for specific dispute settlement procedures, bearing in mind that ways and means of friendly settlement are of a priority nature.

  Article 15 Final provisions

1. This Agreement shall enter into force on the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.       2. This Agreement is concluded for a period of ten years. Its validity is automatically extended for subsequent ten-year periods, unless one of the Parties notifies the other Party in writing through diplomatic channels of its intention to terminate it at least one year before the expiration of the initial ten-year period of its validity or the corresponding subsequent period in the case of its automatic extension.       3. This Agreement may be amended by mutual agreement of the Parties in writing, which shall enter into force in accordance with the procedure established by paragraph 1 of this Article.       4. In the event of termination of this Agreement, its provisions will continue to apply to all unfinished programs and projects, unless the Parties agree otherwise. Termination of this Agreement does not serve as a legal basis for unilateral revision or non-compliance with contractual obligations of a financial or other nature that remain in force, and does not affect the rights and obligations of legal entities and (or) individuals that arose under this Agreement prior to termination.

     Done in Astana on May 22, 2008, 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

 Appendix 1 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Cooperation in the Field of Exploration and Use of Outer Space for Peaceful Purposes

  Intellectual property and business confidential information

     The Parties, in accordance with the laws of the States of the Parties and international treaties, ensure effective protection of intellectual property rights, including the rights of third parties, obtained and (or) used within the framework of cooperation, which is the subject of an Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the Field of Exploration and Use of Outer Space for Peaceful Purposes (hereinafter referred to as the Agreement) and separate agreements provided for in paragraph 5 of Article 5 of the Agreement (hereinafter referred to as separate agreements).       Participants in joint activities promptly inform each other about all the results of joint activities subject to legal protection as intellectual property objects, and immediately cooperate in order to register and perform other formal procedures to ensure such protection.

  Section 1 Scope of application

     1. The provisions of this annex shall apply to all types of joint activities carried out for the purpose of cooperation in accordance with the Agreement, except in cases where the Parties or participants in joint activities agree on any special provisions under separate agreements in accordance with paragraph 2 of Article 7 of the Agreement.       2. This annex regulates the distribution of rights to jointly created intellectual property between the Parties or participants in joint activities.       3. This annex does not change the procedure for the legal regulation of intellectual property rights, as defined by the laws of the States of the Parties and the rules of internal regulation of participants in joint activities, and the relations between participants in joint activities of any of the Parties or the relations between the Party and these participants in joint activities. This annex is without prejudice to the international obligations of the Parties.       4. The implementation of joint activities does not affect the rights of the Parties and (or) participants in joint activities to the previous intellectual property.       5. Termination of the Agreement does not affect the rights and obligations that arose in accordance with this annex prior to such termination.

  Section 2 Allocation and use of rights

1. With regard to the distribution and use of intellectual property rights, the Parties and participants in joint activities apply the following basic principles: a) proper protection of the results of intellectual activity obtained and (or) used under the Agreement; b) due consideration of the relevant contributions of the Parties and participants in joint activities in the distribution of their rights to jointly created intellectual property and interests in relation to it; c) effective use of intellectual property;       d) non-discriminatory treatment of participants in joint activities; e) protection of confidential business information; f) transfer and use of previous intellectual property only after it has been granted legal protection in the territory of the State where it is used.;       g) mandatory implementation by the Parties of measures aimed at preventing, detecting, investigating, suppressing and prohibiting violations of intellectual property rights created at the expense of budgetary allocations from the States of the Parties under this Agreement; h) suppression of violations of the legitimate rights of third parties to intellectual property obtained and (or) used under the Agreement;       i) an obligation under which the transferring Party and (or) its participants in the joint activity undertake to settle claims in connection with the alleged violation by this Party and (or) its participants in the joint activity of intellectual property rights transferred under the Agreement, which may be brought by a third party to the receiving Party and (or) its participants in the joint activities, bearing in mind that the Party and (or) participants in the joint activity to whom the claims are made, the transferring Party and/or its participants in the joint activity are immediately informed about this.       2. The parties and (or) participants in joint activities develop plans for the assessment and use of the results of intellectual activity on a joint basis. These plans are developed either before or during the implementation of cooperation within a reasonable time. Such plans are drawn up taking into account the relevant contributions of the Parties and their participants in joint activities to the activity in question, including previous intellectual property transferred as part of joint activities, and determine the types and amounts of use of intellectual property, as well as the conditions and procedure for exercising rights to it on the territory of the Parties and, if necessary, on the territory of third States. Participants in joint activities have the right to use jointly created intellectual property for their own needs, unless otherwise provided by plans for the evaluation and use of intellectual property results. The parties and participants in joint activities for the purpose of distributing and using intellectual property rights may determine the terms of joint activities by concluding separate agreements.       3. If agreement on the determination of a reasonable time from the date of notification of receipt of a result subject to intellectual property protection cannot be successfully achieved in accordance with the provisions of paragraph 2 of this section and, accordingly, a plan for the evaluation and use of intellectual property results has not been drawn up and put into effect, each Party or its participant in a joint in accordance with the laws of the States of the Parties, it may obtain all rights and benefits for such intellectual property on the territory of its State.       4. The Parties and participants in joint activities, through separate agreements concluded in advance of the joint activity or, if necessary, during its implementation, decide whether the results of joint activities should be patented, registered or kept secret, and guarantee the non-disclosure of these results until an appropriate decision is made on the registration of intellectual property rights subject to protection.       5. In cases where an intellectual property object cannot be protected in accordance with the legislation of the State of one of the Parties, the other Party and its participants in joint activities shall provide such protection, provided that the legislation of the State of this Party provides for such protection on the terms agreed between the Parties and participants in joint activities of both Parties, taking into account their respective contributions.       6. At the request of any of the Parties or any participant in joint activities, consultations are immediately held in order to ensure the protection and distribution of rights to protected intellectual property objects in third countries in accordance with the provisions of paragraphs 1-4 of this section.       7. Researchers, scientists and other specialists of one Party involved in work in any organization of the other Party are subject to the rules of internal regulation of the host organization concerning intellectual property rights and possible remuneration and payments related to the rights determined by the rules of internal regulation of each host organization. Each researcher, scientist or other specialist identified as an inventor has the right to receive, in accordance with his contribution, a share of any payment due to the host organization for licensing this intellectual property.       8. Copyright applies to publications that are granted legal protection in accordance with the laws of the States of the Parties. The forms of exercising these rights are defined in separate agreements. The Parties and participants in joint activities, when appropriate and necessary, make an agreed decision stipulating that each Party and participants in joint activities have the right to non-exclusive, irrevocable and gratuitous licenses for translation, reproduction and public distribution for non-commercial purposes in all countries of scientific and technical articles, lectures, reports, books, and others. copyrighted works that are the direct result of joint activities. The author's surname is indicated on all copies of the distributed intellectual property objects, unless he explicitly refused to indicate his surname or did not wish to speak under a pseudonym.       9. The entire set of intellectual property rights to programs for electronic computers and databases developed under the Agreement is distributed among the participants in the joint activities of both Parties, taking into account their respective contributions to the development and financing of such programs for electronic computers and databases. In cases of joint development or co-financing of programs for electronic computers or databases by the Parties or participants in joint activities, the regime applied to such programs for electronic computers and databases, including the distribution of benefits in case of their commercial use, is determined by separate agreements. In the absence of separate agreements, the provisions provided for in paragraphs 2 and 5 of this section concerning the allocation of rights in connection with joint activities shall apply.       10. The provision of the results of joint activities to third parties is subject to separate agreements concluded in advance of such provision of the results. Without prejudice to the exercise of the rights provided for in paragraph 7 of this section, such agreements shall determine the procedure for the dissemination of these results.

  Section 3 Business confidential information

     The responsibility for designating confidential business information as such lies with the Party and the participant in the joint activity that require such confidentiality. Each Party or each participant in a joint activity protects such information in compliance with the legislation of its State and in accordance with the conditions defined in separate agreements.       The parties and participants in joint activities may share confidential business information with their own employees, unless otherwise provided for in separate agreements. Such information may be shared with contractors and subcontractors within the scope of the agreements concluded with them. Information transmitted in this way may be used only within the scope of such agreements, which provide for the terms and conditions for the application of such confidentiality provisions.       The parties and participants in joint activities shall take all necessary measures in relation to their employees, contractors and subcontractors to comply with the confidentiality obligations referred to in this section.

 Appendix 2 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of research and use   outer space for peaceful purposes

  Technology protection measures

  Section 1 Scope of application

The provisions of this annex apply to all types and stages of joint activities in relation to protected products and technologies, in particular:       at all facilities of the participants in the joint activity; at all facilities under the jurisdiction and (or) control of the States of the Parties; at all actions of Kazakh representatives and Russian representatives; at all actions of authorized officials of the exporting and importing Parties.       The legal and other conditions necessary for the application of the provisions of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Cooperation in the Field of Exploration and Use of Outer Space for Peaceful Purposes (hereinafter referred to as the Agreement) to joint activities in respect of protected products and technologies involving legal entities and individuals of third countries and international organizations are defined in separate agreements provided for in paragraph 5 of Article 5 of the Agreement (hereinafter - separate agreements) and in agreements concluded directly by such persons and international organizations.

  Section 2 Technology protection plans

     1. The Kazakh Side and the Russian Side, through their competent authorities and authorized bodies, ensure that any joint activities regarding protected products and technologies are carried out by Kazakh and Russian representatives, respectively, in accordance with the procedures provided for in the technology protection plans, and that such plans are considered as an integral part of the accounting system for measures to ensure the safety and security of protected products and technologies.       2. Technology protection plans are developed by the participants in the joint activities of both Parties in accordance with the Agreement and are subject to approval by the competent authorities and authorized bodies of the Parties in advance of the start of joint activities in relation to protected products and technologies. These plans should contain the following basic information:       a) the procedure for carrying out operations in relation to the loading (unloading) of protected items, as well as the procedure for personnel access to work areas;       b) procedures to be followed in the event of a delay, cancellation of a launch or an unsuccessful launch; c) methods and systems of technical control and registration of protected products and technologies; d) time, place and procedures for the transfer of responsibility for the transportation of goods.       3. The Parties, through their competent authorities and authorized bodies, shall cooperate in the effective and timely monitoring and supervision of the implementation of technology protection plans.

  Section 3 Validity of licenses

     1. The exporting Party, through competent authorities and authorized bodies, ensures compliance with the safety and security requirements of technologies and non-proliferation requirements by providing export licenses and (or) other permits for protected products and technologies in accordance with the legislation of the State of this Party, as well as by implementing appropriate measures provided for in the Agreement., and informs, through its competent authorities and/or authorized bodies, the other Party through its competent authorities and/or authorized bodies about the provisions of such export licenses and/or other permits. The importing Party, through competent authorities and authorized bodies, ensures compliance with the safety and security requirements of technologies and non-proliferation requirements by providing import licenses, end-user certificates and other permits for protected products and technologies in accordance with the legislation of the State of this Party, as well as by implementing appropriate measures provided for in the Agreement., and informs, through its competent authorities and/or authorized bodies, the other Party through its competent authorities and/or authorized bodies about the provisions of such import licenses, end-user certificates and other permits.       2. Each of the Parties shall make every possible effort to ensure the continuous operation of licenses and/or permits issued in its State in relation to joint activities.       3. If either Party, acting through competent authorities or authorized bodies, determines that any provisions of the Agreement, including those relating to technology protection plans, may be violated or has information that clearly indicates circumstances that entail the possibility of such a violation, it may, through its authorized bodies, suspend its own to revoke or revoke the export license, as well as to impose appropriate restrictions on the export of protected products and technologies and on the provision of related services. The Parties, competent authorities or authorized bodies shall immediately consult on the implementation of further cooperation and the adoption of organizational and legal measures appropriate to the current situation, including the introduction of a moratorium or ban on the implementation of all joint activities or certain types thereof.       4. Nothing in the Agreement limits the powers of the Parties to take any actions and/or make any decisions regarding licensing of joint activities and/or authorization to carry out joint activities in accordance with the laws of the States of the Parties.       5. The procedure for issuing, suspending or revoking licenses and (or) other permits for joint activities by authorized bodies of the Parties must meet the objectives and requirements of the Agreement. Each Party, acting through its competent authorities, shall take the necessary measures to protect the rights and interests of the other Party and individuals and legal entities of the State of the other Party with respect to the execution of the Agreement in the event of liquidation or reorganization of participants in joint activities.       6. In the event of suspension or revocation by either Party of a license issued in its State and/or a decision issued by an authorized body regarding joint activities, or upon completion of joint activities, the other Party shall not prevent and, if necessary, facilitate the urgent return of protected products and technologies to the territory of the exporting Party's State or to another place approved by the exporting Party.

  Section 4 End-use certification

     1. In the course of executing the Agreement, the Parties shall ensure, through competent authorities and authorized bodies, that the end-use of exported protected products and technologies within the framework of joint activities complies with the statements that the participants in joint activities, as end users, submit to the Parties.       2. The Parties shall oblige participants in joint activities who are end users, in accordance with the laws of the States of the Parties, to draw up and submit to the authorized bodies of the exporting Party signed by authorized officials of the importing Party and officially certified end user certificates in which the participants in joint activities undertake:       a) use protected products and technologies exported from the territory of the exporting Party's State only for the agreed purposes of joint activities;       b) not to carry out, allow or prevent modification, copying, reproduction (reproduction), reverse engineering (disassembly of the structure, restoration), modernization (both using products, assemblies and components manufactured in the exporting country, and using any other products, assemblies and components), re-export of protected products and technologies or their derivatives, including export from the territory of their state to any legal entities controlled by such participants in joint activities, any of their branches, representative offices, partners or partners, or any other subsequent transfer of such protected products and technologies to third countries or legal entities and/or individuals without the prior written consent of the competent authorities or authorized authorities of the exporting Party and the issuance of an appropriate license by government agencies authorized in accordance with the legislation of the exporting Party.       3. The texts of Kazakh and Russian end-user certificates are drawn up in such a way as to meet the requirements of the exporting Party with respect to guarantees from the importing Party that protected products and technologies in the territory under the jurisdiction and/or control of the importing Party's State are used only for the stated purposes and are not subject to subsequent transfer without written permission competent authorities or authorized authorities of the exporting Party.       4. The importing Party shall immediately inform the exporting Party, through the authorized bodies of the Parties, of information received from the participant in the joint activity on any changes to the facts or intentions set out in the end-user certificate, including changes related to the end-use, copying or modification of protected products and technologies, and shall not consider such changes to facts or intentions as legitimate in the absence of confirmation by the exporting party. The parties are in writing.       5. The end-user certificate, after its approval by the authorized body of the State of the importing Party, is sent to the participant of the joint activity as an importer for subsequent submission to the competent authority or the authorized body of the exporting Party.

  Section 5 Monitoring and maintenance functions

1. In order to ensure continuous compliance with the conditions for the execution of export licenses and/or permits issued in their States, the Parties shall provide, on a reciprocal basis, subject to confidentiality, if requested, the opportunity to inspect the handling of protected products and technologies. Guidelines and detailed procedures for the prompt conduct of such inspections are agreed upon through the competent authorities or authorized bodies of both Parties in conjunction with the consignees.       2. Kazakh representatives and Russian representatives have the right to carry out on an ongoing basis unarmed escort of Kazakhstani protected products and technologies and Russian protected products and technologies, respectively, during their stay in the territory of the Republic of Kazakhstan and the Russian Federation, respectively. Kazakh representatives and Russian representatives exercise their powers and perform the functions of control and supervision, inspection and regulation of the handling of such protected products and technologies in accordance with the Agreement.       3. Taking into account the nature of the specific joint activities, Kazakh representatives and Russian representatives may carry out their activities on the territory of the Republic of Kazakhstan and the Russian Federation, respectively, within the framework of special unified or separate program and project management services created by the consignees.       4. The importing Party shall provide appropriate assistance to the entry and stay in the territory of its State of representatives of the exporting Party for joint activities and timely exercise of their rights and functions performed under this Agreement.

  Section 6 Access guidelines

     1. Work with protected products and technologies is carried out in conditions that ensure their necessary protection. The degree of protection is specifically determined based on the nature of the protected products and technologies. By mutual agreement of the participants in joint activities, protected zones are created, access to which is restricted and/or controlled by representatives of the exporting Party.       2. In accordance with paragraph 1 of this section, the Parties, acting through their competent authorities or authorized bodies, instruct participants in joint activities to develop, apply and maintain procedures and a system for providing regulated access to facilities, premises and vehicles, or to separate protected areas specifically designated for work exclusively with protected products and technologies, having In mind, that such regulated access is provided at the request of representatives of the importing Party with permission and in the presence of representatives of the exporting Party.       3. In accordance with paragraphs 1 and 2 of this section, the Parties proceed from the understanding that the basic requirements applicable to the organization of access to facilities, premises, vehicles or protected areas include:       a) identification of all incoming (exiting) individuals who must have duly registered passes and/or identification breast cards with them.;       b) monitoring and monitoring the implementation of the rules on access and stay in order to ensure that there is no violation of technological functions and outside interference with protected products and technologies; c) evaluating on a regular basis or as necessary the functioning of the entire protection system, procedures and the timeliness of taking necessary preventive or corrective measures. 4. The Parties, through their competent authorities or authorized bodies, shall promptly notify each other of any operations that may lead to the impossibility of exercising the exporting Party's right to control access to and support protected products and technologies in order to reach appropriate agreements on measures to ensure the safety and security of protected products and technologies.

  Section 7 Export and transportation

     1. Representatives of the exporting Party shall promptly inform their authorized bodies about the status of applications submitted and processed by representatives of the importing Party in order to obtain from the authorized bodies of this Party all necessary permits for the import (import) of protected products and technologies into the territory and their movement through the territory of its state. The exporting Party conditions the export of protected products and technologies by obtaining prior permits and putting into effect appropriate technology protection plans.       2. For any transportation of protected products and technologies from the territory of the exporting Party to the territory of the importing Party and from the territory of the importing Party to the territory of the exporting Party or to another place approved by the exporting Party, export licenses and (or) other permits of the Parties and (or) their authorized bodies must be obtained in advance in accordance with the procedure established by the laws of the States of the Parties.       3. The consent of the Parties to the transportation of protected products and technologies within their States includes all necessary special restrictions and conditions related to the specific circumstances of transportation, as well as contingency plans developed in case of emergency situations consistent with the Agreement.

  Section 8 Identification of protected products and technologies for customs purposes

1. Consignors from the exporting Party shall provide the customs authorities of the State of the importing Party with inventory lists of delivered goods and cargo manifests, as well as written statements from the relevant designated organization of the exporting Party stating that sealed containers and other packages do not contain any cargo not related to joint activities with respect to protected products and technologies and not declared as such.       2. The customs authorities of the importing Party have the right, in accordance with this Agreement, to carry out customs inspection of goods related to protected products and technologies. The Parties agreed that, under normal circumstances, such an inspection should be refrained from, provided that there is an appropriate request from the competent authority of the importing Party sent to the customs authorities of that State. If there is sufficient evidence indicating a possible violation of customs regulations in connection with the import (export) of goods related to protected products and technologies, the customs authorities of the importing Party shall carry out customs inspection, bearing in mind that all cases and conditions for the application of the inspection procedure are the subject of urgent consultations and practical agreements between the competent authorities of both The Parties, which are respectively conducted before the start of the inspection.       3. Customs inspection of protected products and technologies is carried out taking into account a comprehensive risk assessment, on the one hand, from the point of view of using the means associated with the least interference and preventing interference by legislatively authorized officials of the importing State in the handling of protected products and technologies, and on the other hand, from the point of view of ensuring that, that participants in joint activities, when importing protected products and technologies into and exporting them from the territory of the importing Party, comply with the legislation of the importing Party and its other regulatory legal acts and act in accordance with the purpose of this Agreement.       4. Notification of the reason and intention to carry out the inspection is immediately communicated to the authorized officials of the exporting Party who accompany the protected products and technologies through representatives of the importing Party in writing prior to the start of the inspection.       5. Customs inspection of protected products and technologies is carried out:       a) in the presence of authorized officials of the exporting Party; b) in specially equipped premises that adequately ensure the safety of protected products and technologies, and which representatives of the exporting Party have the right to inspect before and during the inspection; c) through visual inspection using methods that do not cause damage to protected products and technologies;       (d) Taking into account the need to preserve the integrity of the technological packaging and the physical condition of the protected products and technologies and without opening any of their technological compartments and containers provided for in the technical documentation; (e) without taking any photographs or videos of the protected products and technologies and without using other means that could be used to disclose technical and technological characteristics and parameters of protected products and technologies;       f) in such a way that, when opening transport containers made by representatives of the exporting Party, there is no violation of the tightness of the technological packaging of protected products and technologies.       6. The Parties recognize that in the event that the importing Party causes damage to protected products and technologies as a result of customs inspection conducted in violation of paragraph 5 of this section due to unintentional unlawful acts or acts committed through gross negligence, the importing Party shall take measures to remedy the situation as soon as possible and compensate for the costs of production and transportation of protected products and technologies. and the associated insurance costs resulting from such damage, unless otherwise provided by the participants in the joint activity in the contractual documents, bearing in mind that the relevant payment procedure is determined in accordance with the legislation of the importing State.       7. Technical data necessary for the implementation of joint activities that fall under the concept of protected products and technologies and are intended for use by representatives of the exporting Party when moving across the customs border of the importing State, including technical data delivered in hand luggage and accompanied baggage, are not subject to opening and copying during customs inspection.       8. Customs clearance of goods related to protected products and technologies is carried out as soon as possible. The need for such customs clearance of goods related to protected products and technologies is determined by the customs authorities, taking into account the provisions of this section.

  Section 9 Legal and physical protection of property

1. Exported protected products and technologies on the territory of the State of the importing Party and at facilities under the jurisdiction and (or) control of that State, including when these products and technologies are in use and under the control of a participant in joint activities, shall enjoy immunity from any forms and types of seizure or enforcement proceedings, as well as any other enforcement measures, such as foreclosure or arrest, pending a court decision. Jurisdictional immunity shall apply except in cases where the exporting Party waives such immunity in order to apply the provisions of this section, in particular, if it is necessary to withdraw protected products and technologies at the request of the exporting Party from a participant in the importing Party's joint activities, if there is a failure to comply with the terms of export licenses and (or) other permits in respect of protected products and technologies issued in the exporting Country, and, if necessary, place the protected products and technologies under responsible storage in accordance with the principles and norms of the Agreement, as well as ensuring constant monitoring and control of the protected products and technologies by representatives of the exporting Party. Protected products and technologies are not used as collateral or other security during the proceedings and investigation of the activities of a participant in a joint venture by either Party in connection with any identified or suspected violations in the course of such activities. Accordingly, no coercive measures, such as foreclosure, seizure, requisition or confiscation, may be taken with respect to protected products and technologies based on a decision of the authorities of the importing State or in connection with proceedings before a court of that State.       2. The importing Party, as part of the procedures for issuing licenses or other permits in force in its State, shall take all necessary legal measures to ensure that exported protected products and technologies held by its participants in joint activities for use or management with the permission of the exporting Party and on the basis of agreements with consignees from the exporting Party are guaranteed from sale., leasing (subletting), pledging, alienation into ownership or transfer into trust management to third parties in violation of the terms, on which they were exported. In the event of disputes over contractual obligations between participants in the joint activities of both Parties, protected products and technologies cannot be a means of securing any obligations or be otherwise burdened.       3. In the event of legal events and (or) facts that have served or may serve as the basis for a claim or claim affecting protected products and technologies, the Parties, through competent authorities or authorized bodies, immediately consult and, if necessary, take legal and practical measures to protect against such claims or claims. The Parties shall take measures to ensure that any possible contradictions between the requirements provided for in paragraphs 1 and 2 of this section and the requirements imposed in the framework of judicial or other proceedings are resolved on the basis of practical arrangements in accordance with the procedure provided for in the Agreement.       4. The provisions of this section do not affect the exercise of appropriate administrative functions with respect to protected products and technologies in connection with their movement through the territory of the importing State and use on its territory in accordance with procedures consistent with the Agreement.       5. Ensuring compliance with the principle of jurisdictional immunity in accordance with this section, the Parties, acting through their competent authorities or authorized bodies, adhere to agreed procedures and practices for the application of executive orders, which may entail, in particular, administrative moratoriums on the movement or use of protected products and technologies in the event of a reasoned decision regarding:       a) suspension of customs clearance and release of certain goods related to protected products and technologies, due to the existence of an event and the composition of a customs offense; b) the introduction of restrictions on movement through the territory of the State of the importing Party and the use of protected products and technologies in this territory, if safe handling of them in accordance with the Agreement may be damaged in the event of a threat to security, public order, human life and health, as well as the environment.;       c) imposing restrictions on the use of protected products and technologies in the context of making specific decisions on the deployment and use of any resources and services provided in the framework of joint activities; d) conducting investigative or procedural actions in connection with the commission of illegal actions affecting protected products and technologies; e) applying similar conditions, restrictions or moratoriums.       6. In the event of theft or any other illegal seizure of protected products and technologies, or a real threat of such actions, the importing Party ensures maximum cooperation by assisting in their protection and return, and takes measures to immediately and fully restore effective control over the protected products and technologies by representatives of the exporting Party.       The Parties agree that during the conduct of law enforcement measures and the prompt implementation of appropriate regulations within the framework of the laws of the States of the Parties in order to identify and collect evidence confirming the fact of an offense in relation to protected products and technologies, to bring charges against a person suspected of committing a criminal offense, as well as to establish damage caused by criminal acts, Law enforcement agencies ensure that protected products and technologies are temporarily placed in a restricted access area, while ensuring constant monitoring and supervision of protected products and technologies by representatives of the exporting Party. Such safe handling of protected products and technologies does not significantly limit the powers of representatives of the exporting Party to carry out the necessary protective measures for continuous control, supervision, inspection and regulation of the handling of protected products and technologies during their safe storage.

  Section 10 Emergency during transportation, storage or start-up

1. In the event that an emergency situation occurs within the jurisdiction of the State of either Party during the transportation, storage or launch into outer space of protected products and technologies, the Parties shall make all necessary efforts to cooperate in determining appropriate and joint measures., as well as agreed technical methods for conducting emergency or search and rescue operations in order to find and collect components and (or) fragments of protected products and technologies, and to achieve all necessary practical agreements on the procedure and conditions for such work.       2. The Parties shall ensure that cooperation in order to facilitate the search, identification and collection of components and (or) fragments of protected products and technologies from all accident sites is carried out in full with the participation of representatives of the exporting Party.       3. The importing Party authorizes the evacuation of components and (or) fragments of protected products and technologies identified by representatives of the exporting Party, under the constant guidance and supervision and accompanied by these representatives. Evacuation is carried out without any study and /or any photo or video recording and without the use of other means that can be used to disclose the technical and technological characteristics and parameters of protected products and technologies, bearing in mind that evacuation procedures are carried out by representatives of the exporting Party.       4. The Parties agreed that the timely and effective implementation of emergency or search and rescue operations in order to find and locate components and/or fragments of protected products and technologies is ensured by practices including:       a) the use of methods, activities, equipment and procedures for emergency or search and rescue operations agreed upon on a reciprocal basis by authorized officials of the exporting Party and the importing Party;       b) maintaining communication and cooperative relations between Kazakh authorized officials and Russian authorized officials on an ongoing basis in resolving all issues related to the planning and conduct of emergency or search and rescue operations; c) ensuring conditions for continuous monitoring on a reciprocal basis by Kazakh representatives and Russian representatives of the conduct of emergency or search and rescue operations.       5. In accordance with paragraph 4 of this section, when conducting emergency or search and rescue operations in order to find and collect (return) components and (or) fragments (fragments) of protected products and technologies, the Parties shall make every effort to comply with the following conditions:       a) representatives of the importing Party do not take photos during emergency or search and rescue operations- or videotaping of any components and (or) fragments of protected products and technologies of the exporting Party and do not use other means that can be used to disclose the technical and technological characteristics and parameters of protected products and technologies; b) all information related to protected products and technologies is initially considered confidential information by its nature;       c) representatives of the exporting Party identify specific components and (or) fragments of protected products and technologies and inform representatives of the importing Party about the results. Based on the identification results, such components and (or) fragments (fragments) are considered as protected products and technologies.;       d) representatives of the exporting Party, after consulting with representatives of the importing Party, carry out the initial processing, accounting and systematization of the discovered and identified components and (or) fragments (fragments) of protected products and technologies and archive the collected information related to them.       6. If there is reason to believe that the search and collection of components and (or) fragments of protected products and technologies affects the interests of a third State, the Parties, through their competent authorities, jointly and immediately consult with representatives of this third State on the coordination of emergency or search and rescue procedures, without prejudice to rights and obligations. all interested States in accordance with international law.       7. The Kazakh Side and the Russian Side authorize, respectively, the Kazakh and Russian consignors to provide, in accordance with the laws of the States of the Parties, the information necessary to determine the causes of an accident or a failed launch.

  Section 11 Cooperation in carrying out legally prescribed activities

     1. In order to carry out legally prescribed activities at facilities, premises and vehicles, or in separate areas where protected products and technologies are located, the Parties, in order to ensure the safety of protected products and technologies, apply, on an agreed basis, procedures for regulated access to the venue of such events, taking due account of the responsibilities of all their participants. Such access is subject to the following conditions:       a) legally prescribed events are conducted exclusively by legally authorized officials in compliance with the requirements of this section; b) legally authorized officials exercise the right to visit the venues of legally prescribed events in the presence of authorized officials of the exporting Party.;       c) the importing Party ensures that legally authorized officials, when planning their activities,:       We took into account all aspects related to ensuring the safety of protected products and technologies as factors of primary importance, and acted with due regard to the restrictions and requirements established by representatives of the exporting Party with regard to access to protected products and technologies.;       We have implemented legally prescribed measures in such a way that they do not involve interference with the regulation of the handling of protected products and technologies and do not jeopardize the ability of representatives of the exporting Party to effectively and fully perform their functions in relation to protected products and technologies.;       minimize and, as far as possible, completely eliminate interference and inconvenience to current and planned work with protected products and technologies carried out by representatives of the exporting Party in the framework of joint activities; use methods, technical means and procedures for the purpose of carrying out legally prescribed measures, in respect of which there is consent from authorized officials of the exporting Party, taking into account the compatibility of such methods, technical means and procedures with the objectives of the Agreement.       2. The exporting Party ensures that its representatives facilitate the prompt implementation of legally prescribed measures and the achievement of their objectives.       3. In accordance with paragraphs 1 and 2 of this section, any visit to the venue of legally prescribed events is preceded by the following actions::       a) the official submission of a request to visit the venue of legally prescribed events;       b) reaching and fulfilling all necessary agreements with authorized officials of the exporting Party regarding the procedure for conducting legally prescribed activities, including photo and video filming, paying special attention to specific sensitive issues related to protected products and technologies; c) taking necessary practical measures by representatives of the exporting Party aimed at ensuring the safety of protected products and technologies for the duration of legally prescribed events.

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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