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 Operation of Main Oil Product Pipelines
Decree of the President of the Republic of Kazakhstan dated April 20, 1995 N 2214
In accordance with Article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I hereby decree:
1. To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Cooperation in the Operation of main oil Product Pipelines, signed in Moscow on January 20, 1995.
2. This Decree shall enter into force from the date of publication.
President of the Republic of Kazakhstan
Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on cooperation
during the operation of main oil product pipelines
(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on June 14, 1995)
The Government of the Russian Federation and the Government of the Republic of Kazakhstan, hereinafter referred to as the Parties, based on the provisions of the Treaty of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Republic of Kazakhstan dated May 25, 1992, considering that each of the Parties operates oil product pipelines on the territory of the other Party included in the unified dispatching system, taking into account, that these main oil product pipelines transport petroleum products from the resources of the Russian Federation to consumers in the Russian Federation, the Republic of Kazakhstan and third countries, have agreed as follows:
Article 1 Each of the Parties recognizes the existence of the other Party's property on its territory in the form of pipelines with facilities, communication lines, station facilities, social facilities and housing stock, from which housing is provided for service personnel (hereinafter referred to as the main oil product pipelines and communication systems), namely: main oil product pipelines and communication systems Ufa - Omsk (from 842 to 1027 kilometers) and Ufa -Petropavlovsk (from 840 to 912 kilometers), owned by the Russian Federation; the main oil product pipelines and communication systems Travniki Kustanai (from the zero to the 144th kilometer), Samara - Uralsk (from the zero to the 200th kilometer), owned by the Republic of Kazakhstan.
Article 2 The main oil product pipelines and communication systems are operated by enterprises of each of the Parties, which are their legal entities.
Article 3 Enterprises of each Party, as economic entities and property specified in Article 1 of this Agreement, enjoy full legal protection on the territory of the other Party as economic entities and property of the other Party; these enterprises are subject to the legislation of the Party in whose territory the main oil product pipelines and communication systems are located. The employees of these enterprises serving the main oil product pipelines and communication systems on the territory of the other Party are subject to the rights and obligations provided for by the legislation of the Party on whose territory the main oil product pipelines and communication systems are located.
Article 4 The enterprises of each of the Parties will operate the main oil product pipelines and communication systems while maintaining the existing control schemes.
Article 5 The enterprises of each Party undertake to transfer to the other Party a fee for the use of land on which the main oil product pipelines and communication systems are located, water and electricity at the rates and tariffs applicable in the territory of the Party where the main oil product pipelines and communication systems are located.
Article 6 After payment by enterprises of taxes and fees established by the legislation of the Parties on whose territories the main oil product pipelines and communication systems are located, the Parties will ensure the unhindered transfer of funds received from the operation of the main oil product pipelines and communication systems.
Article 7 Disputes between the Parties regarding the ownership and operation of oil product pipelines and communication systems will be resolved through mutual consultations and negotiations.
If no agreement is reached, the dispute is subject to arbitration by decision of the Parties.
Article 8 In the event of force majeure (natural disasters, fires, accidents, damage) at the facilities of the main oil product pipelines and communication systems and rescue and emergency recovery operations, as well as during diagnostic and preventive work, the enterprises of the Parties will provide mutual assistance with specialists, logistical resources and special equipment.
In these cases, each Party grants the right to special emergency recovery units of the other Party to freely cross the border and import and export necessary materials and equipment without levying customs duties and fees.
Article 9 The Parties have agreed to make necessary additions and amendments to this Agreement, which will be formalized by appropriate protocols and will be an integral part of this Agreement.
Article 10
This Agreement shall enter into force on the date of the last notification that the Parties have completed the internal procedures necessary for its entry into force.
Done in Moscow on January 20, 1995, in two original copies in the Russian and Kazakh languages, both texts being equally authentic.
President
Republic of Kazakhstan
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