On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the procedure for cooperation in the Event of Accidents during Rocket Launches from the Baikonur Cosmodrome

The Law of the Republic of Kazakhstan dated May 22, 2006 No. 141

       To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the procedure for cooperation in the Event of Accidents during Rocket Launches from the Baikonur Cosmodrome, signed in Astana on November 18, 1999.  

     President of the Republic of Kazakhstan  

    AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the procedure for cooperation in the event of accidents during rocket launches from the Baikonur Cosmodrome

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on June 23, 2006)

     The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties, guided by 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, 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, the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of industrial Accident Prevention, disasters, natural disasters and elimination of their consequences dated March 28, 1994, the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Ecology and Nature Management on the territory of the Baikonur complex under the terms of its lease by the Russian Federation dated October 4, 1997, expressing mutual interest in the safe use of the Baikonur complex, agreed as follows:  

    Article 1  

     This Agreement defines the obligations of the Parties in the event of accidents during rocket launches from the Baikonur cosmodrome, the procedure for bringing the forces and means of the Parties to a state of readiness by the time the rockets are launched from the Baikonur cosmodrome, the procedures for mutual notification of the Parties about preparations for rocket launches and in the event of an accident, as well as the procedure for attracting the necessary forces and means of the Parties to eliminate the consequences of an accident.         For the purposes of this Agreement: - "rocket" means any space-purpose rocket (including a spacecraft, upper stage and other components) or a ballistic missile with equipment elements; - "accident" means the fall, in its entirety or otherwise, of a rocket launched from the Baikonur cosmodrome into the territory of the Republic of Kazakhstan, with the exception of the fall of its parts provided for the launch of the rocket.       The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 02/19/2016 No. 455-V.

    Article 2  

     The Russian Side may use the following forces and means to eliminate the consequences of the accident: - an emergency rescue team to eliminate emergencies at the Baikonur cosmodrome facilities and conduct emergency rescue operations; - specialized laboratories to monitor the impact of rocket and space activities on the environment and hygienic control at the Baikonur complex and along the routes rocket flight; - forces and means of aerospace search and rescue;         - specialized medical and biological rapid response teams; - specialized operational forecasting services for possible levels of environmental pollution in emergency situations; - an irreplaceable supply of devices and chemical reagents to eliminate the consequences of an accident; - other forces and means.  

    Article 3  

     The Kazakh Side may involve the following forces and means to eliminate the consequences of the accident: - special emergency rescue and search-and-rescue units; - fire, sanitary, epidemiological, medical, environmental and other services, as well as law enforcement agencies; - food supplies and material resources for the establishment of temporary housing and catering facilities during, if necessary, evacuation measures and reception of people who are being evacuated from settlements that have fallen into the accident zone.;         - other forces and means.         The specific composition of the forces and means of the Kazakh Side involved in the elimination of the consequences of the accident is determined based on the operational information of the Russian Side on the estimated area of the accident, its possible scale and consequences, and the necessary forces and means.  

    Article 4  

     In order to ensure an analysis of the possible consequences of the accident, the Russian Side provides the Kazakh Side with the necessary technical data on the types of missiles, their flight routes and possible areas of impact in the event of an accident.         At the request of the Kazakh Side, the Russian Side, by mutual agreement, trains specialists of the Republic of Kazakhstan in response to the consequences of an accident and provides the Kazakh Side with the necessary methodological support.  

    Article 5  

     In the event of an accident, the Russian Side suspends launches of missiles of the type to which the crashed missile belongs until the causes of the accident are clarified, which it informs the Kazakh Side about.         The Russian Side notifies the Kazakh Side of the causes of the accident, the implementation of measures to ensure the safety of subsequent launches of missiles of this type and, in agreement with the Kazakh Side, resumes their launches.  

    Article 6  

     In order to bring the emergency rescue units of the Kazakh Side to a state of readiness in a timely manner, the Russian Side notifies the Kazakh Side of the upcoming rocket launch in accordance with the agreed procedure. If the date and/or time of the rocket launch is postponed, the notification is made at least 24 hours before the newly scheduled launch time. In case of postponement of the launch time by less than 24 hours, notification is made immediately through operational communication channels.         The Russian Side is attracting emergency rescue units of the Republic of Kazakhstan on a compensatory basis to ensure safety during missile launches. The procedure for involving these units is determined by the relevant agreements between the authorized bodies of the Parties.  

    Article 7  

     8 hours before the scheduled time of the rocket launch, the authorized bodies of the Parties exchange information on the readiness of the emergency rescue units of the Parties.        In the event of an accident, the authorized body of the Russian Side shall immediately notify the authorized bodies of the Kazakh Side of the fact, time and estimated area of the accident.       The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 02/19/2016 No. 455-V.

    Article 8  

In the event of an accident, the authorized body of the Russian Side immediately forms and no later than 12 hours after the accident sends an operational group of Russian specialists to the accident area in order to assess the situation, organize interaction with units of the Ministry of Internal Affairs of the Republic of Kazakhstan and local executive bodies of the Republic of Kazakhstan, including to determine the territory to be cordoned off and to carry out priority tasks. measures to eliminate the consequences of the accident.       The forces and means of the Ministry of Internal Affairs of the Republic of Kazakhstan, put on alert for emergency situations and engaged to ensure safety in accordance with the procedure provided for in Article 6 of this Agreement, begin to carry out urgent measures to assess the situation and eliminate the consequences of the accident in the amount and time agreed with the authorized bodies of the Parties.       Local executive bodies of the Republic of Kazakhstan in the area of the fall of parts of the emergency rocket notify the population living in the area of the accident and, if necessary, assist in the elimination of the consequences of the accident to the extent agreed with the authorized bodies of the Parties.       The Parties appoint commissions (hereinafter referred to as government commissions), which, within 24 hours of the accident, form a joint headquarters for the elimination of the consequences of the accident (hereinafter referred to as the joint headquarters) and coordinate the procedure for joint actions to determine the scale and eliminate the consequences of accidents.       Prior to the appointment of government commissions, coordination of the procedure and coordination of joint actions to determine the scale and eliminate the consequences of the accident is carried out by: from the Kazakh Side - an authorized representative of the Ministry of Internal Affairs of the Republic of Kazakhstan; from the Russian Side - the co-chairman of the State Commission for Flight Tests of Space Launch Vehicles.       The Joint Headquarters determines the scope and timing of the work performed, the composition and tasks of the forces and means involved, the order of interaction of the forces involved, and monitors the progress of the work.       By decisions of the chiefs of the joint staff from the Kazakh and Russian Sides, target working groups are formed during the day in the relevant areas of activity (search, emergency response, medical, sanitary, veterinary, environmental, damage assessment and consequences of the accident, summarizing the results of the survey and preparing sections of the report of government commissions, as well as other working groups in to the extent that it is mutually recognized as necessary).       Based on the results of the work of the working groups, joint acts (protocols) on the work performed in the areas of activity are signed.       The said acts are accompanied by documents confirming the costs associated with carrying out measures to eliminate the consequences of the accident, and documents confirming the right to compensation and property damage caused to citizens and organizations of the Republic of Kazakhstan, compensation for bodily injury, causing any other serious harm to the health of an individual or the death of such a person, presented by this person or by any person who has the right under the law (the executors of such an individual, his heirs, or persons to whom the rights are transferred by way of subrogation), as well as the amount of these compensations.       The Joint Headquarters summarizes the materials of the work of the working groups on the areas of activity and submitted to government commissions.       Based on the results of the work of the government commissions, a joint protocol is signed.       The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 02/19/2016 No. 455-V.

    Article 9  

     The actions of the search and rescue and emergency rescue units of the Parties to assess the situation, including actions to collect rocket parts, medical examination of the population, veterinary and environmental inspection of territories, are carried out jointly in accordance with the procedure, volumes and methods agreed upon by government commissions.        The Parties shall jointly determine the amount of material damage resulting from an accident.        The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 02/19/2016 No. 455-V.

    Article 10  

     Expenses related to the implementation of measures to eliminate the consequences of the accident in accordance with this Agreement and compensation for damage shall be borne by the Russian Side based on the results of the work of government commissions on the basis of signed bilateral acts assessing the consequences of the accident, in agreed amounts.  

    Article 11  

     The Kazakh Side ensures unhindered access of representatives of the Russian Side to the places where the rocket parts fell.         In the event of an accident, the joint headquarters established in accordance with Article 8 of this Agreement shall determine the location of the site for the assembly of rocket parts and their protection. Access to the site is controlled by members of the operational group of Russian specialists referred to in Article 8 of this Agreement.         The Kazakh Side ensures the immediate return to the Russian Side of all parts of the missile assembled on the territory of the Republic of Kazakhstan, with the provision of coordinated regime measures.         In cases where the search and assembly of rocket parts affects the interests of a third party, the Russian Side may involve its representatives in activities in the accident area, in consultation with the Kazakh Side.  

    Article 12  

     The Kazakh Side ensures, upon entry into and exit from the territory of the Republic of Kazakhstan by representatives of the Russian Side, the import and export of Russian equipment and materials to eliminate the consequences of the accident, as well as the export of missile parts to the territory of the Russian Federation to determine the causes of the accident, a simplified border and customs regime without levying customs duties and taxes, the collection of which falls within the competence of customs authorities. organs, in accordance with 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.         The Kazakh Side, as a matter of priority, provides air corridors and parking facilities to aircraft of the Russian Federation involved in the elimination of the consequences of the accident.         At the request of the Russian Side, the Kazakh Side provides Russian specialists who arrived to eliminate the consequences of the accident with transport, housing, food, and communication facilities, with subsequent compensation by the Russian Side for actual costs in accordance with the procedure and amounts established for employees of government agencies of the Republic of Kazakhstan.  

    Article 13  

     The work under this Agreement is coordinated by the following authorized bodies: from the Kazakh Side - the Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of Investment and Development of the Republic of Kazakhstan; from the Russian Side - the Federal Space Agency.       In the event of a change in the name or functions of the authorized bodies, the Parties notify each other through diplomatic channels.       The Parties shall notify each other through diplomatic channels of the appointment of authorized bodies provided for in Articles 6-8 of this Agreement.       The footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 02/19/2016 No. 455-V.

    Article 14  

     Disputes regarding the interpretation and application of this Agreement are resolved by the Kazakh-Russian Intergovernmental Commission on the Baikonur Complex.       The footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 02/19/2016 No. 455-V.

    Article 15  

     This Agreement does not affect the obligations of the Parties under other international treaties to which the Republic of Kazakhstan and the Russian Federation are parties.  

    Article 16  

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

    Article 17  

     This Agreement shall apply provisionally from the date of its signature and shall enter into force on the date of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.  

     This Agreement is valid until the expiration of 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.  

     Done in Astana on November 18, 1999, 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  

       I hereby certify the accuracy of this copy of the original Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the procedure for cooperation in the Event of Accidents during Rocket Launches from the Baikonur Cosmodrome dated November 18, 1999.  

          Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan  

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  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases