On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on Ensuring the Transit of Military Equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the United Kingdom of Great Britain and Northern Ireland in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan
Law of the Republic of Kazakhstan dated June 13, 2013 No. 103-V
To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on ensuring the Transit of military equipment and personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the United Kingdom of Great Britain and Northern Ireland in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan, signed in Astana on February 27, 2012.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on ensuring the transit of military Equipment and personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the United Kingdom of Great Britain and Northern Ireland Ireland's participation in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan
(Entered into force on June 20, 2013 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 4, art. 45)
The Government of the Republic of Kazakhstan, hereinafter referred to as the "Kazakh Side", and the Government of the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as the "British Side", collectively referred to as the "Parties", taking into account the provisions of the resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005), 1659 (2006), 1707 (2006), 1776 (2007), 1833 (2008) and 2011 (2011) of the United Nations Security Council, provisions The Agreements between the North Atlantic Treaty Organization member States and other States participating in the Partnership for Peace program regarding the Status of their Armed Forces, concluded in Brussels on June 19, 1995 (hereinafter referred to as the PfP Agreement), in order to facilitate international efforts to stabilize and rebuild the Islamic Republic of Afghanistan, have agreed as follows:
Article 1
This Agreement defines the procedure for the transit of military equipment and personnel through the territory of the Republic of Kazakhstan by the British Side in order to support international efforts to stabilize and rebuild the Islamic Republic of Afghanistan.
Article 2
For the purposes of this Agreement, the terms used therein mean the following: 1) "transit" is a non-stop flight through the territory of the Republic of Kazakhstan of aircraft transporting military equipment and personnel along the routes specified in the Annex to this Agreement, provided by the Kazakh Side in accordance with the terms of this Agreement; 2) "aircraft" means a military transport aircraft of the United Kingdom of Great Britain and Northern Ireland or an aircraft chartered by the British Side with military equipment and/or personnel on board.; 3) "military property" - weapon complexes and means of ensuring their combat use, identified within the framework of the peacekeeping operations of the International Security Assistance Force (ISAF), including delivery systems, guidance, launch, and control systems designed to equip the armed forces, ammunition and their components, spare parts, devices and accessories for devices, life support systems personnel of the armed forces, collective and individual means of protection against weapons of mass destruction, means for the prevention and elimination of emergency situations, resulting from the use of weapons of mass destruction, special logistical equipment, military uniforms and related insignia and attributes that are under the responsibility of the United Kingdom of Great Britain and Northern Ireland, subject to the restrictions established by The Treaty on Conventional Armed Forces in Europe of November 19, 1990, as well as the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968; 4) "personnel" - military personnel and civil servants Of the United Kingdom of Great Britain and Northern Ireland.
Article 3
1. Aircraft transit (non-group, single flights) is carried out without making an intermediate landing on the territory of the Republic of Kazakhstan along the air corridors specified in In the Annex to this Agreement, on the basis of permits issued in accordance with this article. 2. For the use of the airspace of the Republic of Kazakhstan, on the basis of a request sent to the Kazakh Side through diplomatic channels, the British Side is granted the following types of permits: 1) special (permanent) permit - for military transport aircraft of the United Kingdom of Great Britain and Northern Ireland; 2) one-time permit - for aircraft chartered by the British Side. 3. In order to obtain a special (permanent) permit, the British Side sends a corresponding request to the Kazakh Side through diplomatic channels. The request contains the following information: 1) the destination and a general description of the cargo and personnel intended for transportation; 2) transit routes. 4. In order to obtain another special (permanent) permit, the British Side sends a written request to the Kazakh Side through diplomatic channels no later than December 1 of the relevant calendar year. Such a regular special (permanent) permit from the Kazakh Side is valid until the end of the next calendar year. The primary special (permanent) permit is valid until the end of the calendar year in which the permit is issued. The current special (permanent) permit is automatically revoked in the event of termination of this Agreement. 5. In order to obtain a one-time permit to use the airspace of the Republic of Kazakhstan, the British Side, no later than 10 (ten) business days prior to each proposed transit, sends a written request through diplomatic channels indicating the following information: 1) the full name and postal address of the operator; 2) the code of the International Civil Aviation Organization (ICAO) and the flight number; 3) the type, registration number, radio call sign of the aircraft and the state of registration of the aircraft; 4) the type of navigation and communication equipment; 5) the departure and destination points of the aircraft, indicating alternate airfields; 6) a general description of military equipment, the number of personnel on board, as well as the presence of dangerous cargo on board; 7) date, full flight route and timetable with mandatory indication of air routes on the flight route, and There are also points of entry/exit to/from the airspace of the Republic of Kazakhstan. 6. In case of suspension or cancellation of a special (permanent) or one-time permit during transit, the British Side ensures, at its own expense, the departure of the aircraft with all military equipment and personnel on board from the airspace of the Republic of Kazakhstan through its entry point into the airspace of the Republic of Kazakhstan or, if required for technical reasons, through the nearest point without completing the transit. 7. Flights in the airspace of the Republic of Kazakhstan are performed in accordance with the established ICAO rules, regulatory legal acts of the Republic of Kazakhstan regulating flights and published in the Kazakhstan Collection of Aeronautical Information (AIP), as well as this Agreement. 8. The Kazakh Side provides air navigation services to aircraft in accordance with the legislation of the Republic of Kazakhstan with the collection of air navigation fees. 9. Aircraft flying in the airspace of the Republic of Kazakhstan must be equipped with: 1) radio communication equipment that ensures the maintenance of two-way radio communication with the service providing air navigation services; 2) a radar transponder (transponder) operating in the appropriate mode according to the procedure established by the International Civil Aviation Organization (ICAO). 10. Negotiations between aircraft crews and air traffic controllers are conducted in English according to the established rules of phraseology of ICAO radio communications.
Article 4
1. The Kazakh Side has the right to refuse to grant any permission requested in accordance with Article 3 of this Agreement. 2. The Kazakh Side has the right to suspend the validity of any permit previously issued to an aircraft under this Agreement, or to revoke such a permit if the Kazakh Side determines that the provisions of this Agreement are not being respected, or the movement of military equipment and personnel does not comply with the provisions of this Agreement or poses a threat to the national security of the Republic of Kazakhstan. 3. The Kazakh Side immediately notifies the British Side of each decision to suspend or revoke the permit.
Article 5
1. No later than 4 (four) hours before each scheduled departure, notification of the use of the airspace of the Republic of Kazakhstan is provided to the Main Air Traffic Planning Center of the Republic of Kazakhstan (AFTN - UAAKZDZK, UAAAZDZW) by sending the flight plan by the British Side. 2. Notices concerning military transport aircraft of the United Kingdom of Great Britain and Northern Ireland contain the following flight data: 1) special (permanent) permit number; 2) type, registration number and radio call sign of the aircraft; 3) departure and destination points of the aircraft, indicating alternate airfields; 4) number of personnel on board; 5) date, full flight route and timetable with mandatory indication of air routes on the flight route, points of entry / exit into / out of airspace the space of the Republic of Kazakhstan. 3. Notifications concerning aircraft chartered by the British Side contain the following flight data: 1) the number of a one-time flight permit issued by the Kazakh Side; 2) the type, registration number, radio call sign of the aircraft, the ICAO code and flight number; 3) the departure and destination points of the aircraft, indicating alternate airfields; 4) number of personnel on board; 5) the date and estimated flight route, the schedule of the aircraft's movement in universal coordinated time (UTC) and the points of entry/exit into/from the airspace of the Republic of Kazakhstan. The information specified in the flight plan is provided as defined in the ICAO documents and in accordance with the articles of this Agreement. 4. There must be a specification and/or other documentation on board the aircraft confirming the quantity and name of the military equipment being transported (air waybill or similar document). 5. Entry into the airspace of the Republic of Kazakhstan by an aircraft for which no flight plan has been provided to the Main Air Traffic Planning Center of the Republic of Kazakhstan is prohibited.
Article 6
An aircraft transiting under this Agreement may not refuel in the airspace of the Republic of Kazakhstan, as well as make a technical landing on the territory of the Republic of Kazakhstan for refueling, crew rest or for other purposes, except in cases of emergency landing.
Article 7
1. The Kazakh Side may exercise its sovereign right to direct an aircraft to a forced landing. In this case, as well as in the event of an emergency landing of the aircraft, the customs and border control authorities of the Republic of Kazakhstan have the right to inspect military property and personnel on board the aircraft. 2. The British Side, at the request of the Kazakh Side, provides confirmation that the military equipment is intended for the purposes of ensuring security, stabilization and reconstruction of the Islamic Republic of Afghanistan. 3. In the event of an aircraft landing on the territory of the Republic of Kazakhstan, the Kazakh Side has the right to inspect documents related to military equipment and personnel for border and customs control purposes in order to ensure that the military equipment and personnel on board the aircraft comply with those stated in the documents provided for in paragraphs 2, 3 and 4 of Article 5 of the Agreement. 4. The status of personnel in the territory of the Republic of Kazakhstan for the purposes of implementing this Agreement is defined in the Agreement between the North Atlantic Treaty Organization Member States regarding the Status of their Forces, concluded in London on June 19, 1951 (hereinafter referred to as the NATO-SOFA Agreement), and in the PfP Agreement. The staff is obliged to comply with the legislation of the Republic of Kazakhstan and not interfere in its internal affairs. In case of landing on the territory of the Republic of Kazakhstan, personnel on board the aircraft may not leave the place of landing of the aircraft without the consent of the competent authorities of the Republic of Kazakhstan, except in cases where being on board the aircraft endangers the life or health of personnel. 5. The transit of military equipment is carried out without levying customs duties and taxes provided for by the legislation of the Republic of Kazakhstan. 6. An aircraft that has landed on the territory of the Republic of Kazakhstan in accordance with paragraph 1 of this article leaves the landing site after the cause of landing has been eliminated.
Article 8
To ensure the procedures provided for in Article 7 of this Agreement, as well as to ensure the safety of air traffic, the Kazakh Side has the right to send aircraft for forced landing. The crews of aircraft located within the airspace of the Republic of Kazakhstan are required to comply with the regulations of the management (maintenance) and air traffic management authorities of the Republic of Kazakhstan.
Article 9
In accordance with article VIII of the NATO-SOFA Agreement, each Party waives any claims against the other Party for compensation for damage caused to its personnel or property in connection with activities carried out pursuant to this Agreement. The damage caused by the British Side to third parties on the territory of the Kazakh Side is compensated in accordance with the provisions of paragraph 5 of Article VIII of the NATO-SOFA Agreement.
Article 10
1. Information received by one Party in connection with transit may not be transferred to a third party without the written consent of the Party that provided this information. 2. Paragraph 1 of this Article does not apply to information provided to the Kazakh Side in accordance with Articles 3 and 5 of this Agreement. Such information may be shared with a third party solely for the purpose of facilitating transit under this Agreement.
Article 11
Disputes and disagreements related to the application and interpretation of the provisions of this Agreement are resolved through consultations and negotiations between the Parties.
Article 12
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. By mutual agreement of the Parties to this Agreement, including in The annex to it, which is an integral part of it, may be amended and supplemented, which are formalized by separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this article. 3. This Agreement shall terminate upon the termination of the powers of the International Security Assistance Force, as determined in accordance with United Nations Security Council resolutions, or upon the expiration of six months from the date of receipt through diplomatic channels of one of the Parties of a written notification by the other Party of its intention to terminate this Agreement. 4. In the event of termination of this Agreement, the obligations provided for in Article 9 of this Agreement shall remain in force for the Parties until the Parties agree otherwise.
Done in Astana, on February 27, 2012, in two copies, each in the Kazakh, English and Russian languages, all texts being equally authentic.
For the Government For the Government of the United Republic of Kazakhstan The United Kingdom of Great Britain and Northern Ireland
Annex to the Agreement between the Government of the Republic of Kazakhstan and the Government of the United Kingdom of Great Britain and Northern Ireland on the provision of transit of military equipment and personnel through the territory of the Republic of Kazakhstan in connection with the participation of the United Kingdom The United Kingdom and Northern Ireland in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan
Routes provided in both directions:
1. GASBI entry point route G161 to NEPIL route B363 KUNAS exit point 2. AZABI entry point route A87 to AKTAU route B363 KUNAS exit point
RCPI's note! The following is the text of the Agreement in English.
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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