On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site

The Law of the Republic of Kazakhstan dated July 5, 2000 No. 82-II.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba test site, signed in Moscow on October 18, 1996.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the lease of the Emba test site

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - entered into force on July 27, 2000)

The footnote. See Law No. 282 dated July 21, 2007 "Protocol on Amendments and Additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba Landfill dated January 20, 1995".

 The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Lessor and the Lessee or the Parties, respectively,

 Based on the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba Landfill dated January 20, 1995 (hereinafter referred to as the Agreement),

 Considering the mutual interest in preserving, using and developing the experimental, testing and socio-cultural potential and infrastructure of the Emba test site (hereinafter referred to as the Test Site),

 based on the need for a contractual settlement of the rights and obligations of the Lessee and the Lessor during the lease and operation of the Landfill, taking into account the interests of the Parties,

 We have agreed on the following:

Article 1

The subject of this Agreement is the relations between the Government of the Republic of Kazakhstan and the Government of the Russian Federation related to the use of land plots and, on lease terms, movable and immovable property of the Republic of Kazakhstan provided to the Russian Federation.

 In order to implement this Agreement, the Parties will establish authorized bodies within one month after its signing.

 The terms defined in the Agreement are used in this Agreement.

Article 2

The Government of the Republic of Kazakhstan, represented by its authorized bodies, shall lease the Landfill to the Government of the Russian Federation, represented by its authorized bodies, within two months from the date of signing this Agreement.

 The transfer of land plots and, on lease terms, movable and immovable property is carried out by the authorized bodies of the Parties in accordance with the agreed statements.

 For non-leased facilities and property, the Lessee shall provide the Lessor with copies of the sets of technical documentation to the extent necessary to ensure their operation and repair.

Article 3

The lease of the Landfill is carried out by the Lessee for the purposes stipulated by the Agreement, as well as the Regulations on the Landfill, approved by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan.

Article 4

1. The annual rent is equivalent to 4,694 million US dollars. At the same time, the specified amount of rent takes into account all types of taxes, commissions, fees and other payments that exist on the date of signing the Agreement or are introduced after that date on the territory of the Republic of Kazakhstan and relate to the lease of the Landfill.

 2. The rent includes:

 funds for the use of leased property in the amount equivalent to 4.4 million US dollars;

 funds for compensation for the use of Landfill land in the amount equivalent to 0.294 million US dollars.

 If the composition of the leased property specified in the agreed statements and the land areas of the Landfill determined by the Agreement change, the amount of rent is subject to clarification by agreement of the Parties.

Article 5

The rent has been paid by the Russian Side since 1997.:

 in the amount equivalent to 4.4 million US dollars, on a compensatory basis - supplies of weapons and military equipment, provision of services for their repair, training of Kazakhstani military personnel in military educational institutions of the Russian Federation, and other supplies and services in accordance with Article 17 of the Agreement between the Republic of Kazakhstan and the Russian Federation on Military Cooperation dated March 28. in 1994. The types of compensation are determined by a separate protocol of the Parties annually within the agreed time frame. The specified protocol is an integral part of this Agreement.;

 in the amount equivalent to 0.294 million US dollars for the use of land plots - by transfer to the Kazakh Side before December 15 of the reporting year in freely convertible currency, Russian rubles or tenge.

Article 6

Compensation for property losses and expenses of the Republic of Kazakhstan related to the operation of the Landfill in 1992-1996, in the amount equivalent to 23.47 million US dollars, is carried out in accordance with a separate agreement that the Parties will conclude during 1997.

Article 7

All transactions related to rent payments are performed by the Central Bank of the Russian Federation and the National Bank of the Republic of Kazakhstan without charging fees and other charges.

Article 8

Separate movable property located at the Landfill as of August 31, 1991, by agreement between the authorized bodies of the Parties, may be transferred to the ownership of the Lessee with offset of its total residual value in case of counter-deliveries of products (works, services) necessary to the Lessor from the Russian Federation.

Article 9

The Lessee and the Lessor, within two months after the entry into force of this Agreement, will establish a joint commission consisting of representatives of the authorized bodies of the Parties to determine the extent of possible negative environmental consequences of the Landfill's activities since 1992, and, if any, methods and deadlines for eliminating these consequences at the expense of the Lessee.

 In the event that targets, test vehicles, missiles or their parts fall outside the Landfill during work performed by the Lessee, the Lessee bears full responsibility and reimburses the Lessor for the actual damage caused if these events occurred due to the fault of the Lessee.

Article 10

The landlord provides:

 The Tenant operates the Landfill for its intended purpose in accordance with plans and schedules agreed upon in accordance with the procedure provided for by the Agreement.;

 supplies electricity, food, and other material resources of Kazakhstani production to the Tenant on a contractual basis, provides transport, housing, educational, and other services necessary for the operation of the Landfill and its personnel at prices and tariffs applicable in the Republic of Kazakhstan for its own Armed Forces.

Article 11

The tenant provides:

 the return of the leased property to the Lessor at the end of the lease period, with technical documentation to the extent necessary to ensure its operation and repair, in a condition suitable for further operation, and if this is not possible, its value equivalent, taking into account the depreciation of the property at the end of the lease period.;

 timely payments for electricity, food, and other material resources supplied by the Lessor, as well as for transportation, housing, educational, and other services necessary for the operation of the Landfill and its personnel, at prices and tariffs applicable in the Republic of Kazakhstan for its own Armed Forces.

Article 12

The tenant has the right to:

 manage scientific, technical and other results obtained during the work carried out at the Landfill in accordance with the objectives of the lease;

 to make proposals on the exclusion of individual property and land plots of the Landfill from the number of leased and the corresponding reduction in rent;

 make separable improvements to leased facilities and property;

 temporarily export from the territory of the Republic of Kazakhstan, in accordance with the procedure provided for in Article 15 of the Agreement, movable property of the Landfill leased by the Russian Federation for repair and restoration work and improvements at enterprises and organizations of the Russian Federation.;

 with the written consent of the Landlord:

 to make inseparable improvements without harm to leased facilities and property;

 to carry out the construction of new facilities in accordance with the objectives of the lease;

 involve third-party enterprises and organizations in the work at the Landfill, including the construction (reconstruction) of facilities.

Article 13

The Lessee acquires ownership of newly created facilities at the Landfill, including upon expiration of the lease term, if the following conditions have been met:

 Upon written approval of the Tenant's statement of intention to carry out new construction, the Lessor agreed that at the end of the lease term of the Landfill, he would not object to the continued use of such facilities by the Tenant for their intended purpose.;

 The Tenant has assumed an obligation to the Landlord to pay rent in the agreed amounts for the use of land plots on which the construction of new facilities will be carried out.;

 The Lessee and the Lessor have come to an agreed conclusion on the operating conditions of such facilities after the expiration of this Agreement, including issues of the legal status of the personnel operating these facilities.

Article 14

The Lessee has the right to be reimbursed by the Lessor for the residual value of newly constructed facilities if the following conditions have been met:

 The Tenant has agreed with the Landlord on the construction of new facilities on the territory of the Landfill;

Upon approval, the lessor indicated that upon expiration of the lease term, he would take the newly built facilities into further operation at his own expense.;

 The Lessee provided the Lessor with all design estimates and other technical documentation, including operating manuals, for newly constructed facilities necessary to determine the residual value and further use of these facilities by the Lessor.

 In case of non-compliance with at least one of the specified conditions, the Tenant transfers the newly built facilities to the Landlord free of charge.

Article 15

The landlord has the right to:

 to monitor the Tenant's compliance with the terms of the Agreement and this Agreement;

 to make proposals on changing the composition of the leased property and the Landfill land used by the Tenant, with a corresponding change in rent.

Article 16

Objects created at the Landfill due to shared financing of the Parties acquire the status of objects of joint ownership of the Parties, while the share of ownership of each of them is determined by its share of financing when creating these objects.

 The operating conditions of the jointly owned facilities, shared contributions for their maintenance and other issues of their functioning are agreed upon by the Parties prior to the start of construction.

 The scientific and technical results obtained during the operation of jointly owned facilities are the joint property of the Parties.

 Profits from the economic activities of joint ownership facilities are distributed proportionally to the ownership shares of the Parties, unless otherwise provided for when approving the construction of these facilities.

Article 17

Disputes that may arise between the Parties during the implementation and interpretation of this Agreement will be resolved through negotiations. If any issues require a joint solution, one Party notifies the other no later than 15 days before the start of negotiations.

Article 18

This Treaty is subject to ratification and shall enter into force on the date of the exchange of instruments of ratification.

This Agreement is concluded for the duration of the Agreement and is extended with it in the same way as stipulated by the Agreement.

 This Agreement is temporarily applied in full from the date of its signing.

 Amendments and additions to this Agreement are made by mutual agreement of the Parties.

 Done in Moscow on October 18, 1996, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

For the Government For the Government

Republic of Kazakhstan Of the Russian Federation

President

Republic of Kazakhstan

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