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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the International Atomic Energy Agency on the Establishment of the Low Enriched Uranium Bank of the International Atomic Energy Agency in the Republic of Kazakhstan
The Law of the Republic of Kazakhstan dated December 22, 2016 No. 31-VI SAM.
PRESS RELEASE
To ratify the Agreement between the Government of the Republic of Kazakhstan and the International Atomic Energy Agency on the establishment of the Low-Enriched Uranium Bank of the International Atomic Energy Agency in the Republic of Kazakhstan, signed in Astana on August 27, 2015.
President
Republic of Kazakhstan
N. NAZARBAYEV
Agreement between the Government of the Republic of Kazakhstan and the International Atomic Energy Agency on the establishment of the Low Enriched Uranium Bank of the International Atomic Energy Agency in the Republic of Kazakhstan
(Entered into force on January 31, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 1, Article 14)
The Government of the Republic of Kazakhstan (hereinafter referred to as "Kazakhstan") and the International Atomic Energy Agency (hereinafter referred to as the "IAEA"), also hereinafter collectively referred to as the "Parties" and separately as the "Party";
BEARING IN MIND that the IAEA, in accordance with its Statute, is authorized to promote and promote the development and practical application of atomic energy for peaceful purposes worldwide and to negotiate the supply of nuclear material to the IAEA member States for its use in accordance with the provisions of the Statute of the IAEA;
HAVING REGARD TO the resolution of the IAEA Board of Governors (hereinafter referred to as the "Board of Governors") GOV/2010/70 "Guaranteed supplies of nuclear fuel" dated December 3, 2010, which, in particular, adopted the recommended decisions contained in document GOV/2010/67 dated November 26, 2010 "Ensuring guaranteed supplies: creation of the IAEA Low Enriched Uranium (LEU) bank for the supply of LEU to Member States";
BEARING IN MIND that Kazakhstan wishes to support the IAEA's efforts in this regard and has expressed interest in becoming a host State for the IAEA LEU Bank in accordance with the requirements set out by the IAEA in its document GOV/INF/2011/7 dated May 31, 2011 "Ensuring guaranteed supplies: A Bank of low-enriched Uranium The IAEA. Selection of the host State", as well as in Governing Council documents GOV/2010/67 dated November 26, 2010 and GOV/2010/70 dated December 3, 2010;
WHEREAS the Republic of Kazakhstan is a party to the Agreement on Privileges and Immunities of the International Atomic Energy Agency (INFCIRC/9/Rev.2);
WHEREAS the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency on the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons (INFCIRC/504) (hereinafter referred to as the "Safeguards Agreement") was signed on July 26, 1994 and entered into force on August 11, 1995, and on February 6, 2004 An Additional Protocol to it (INFCIRC/504/Add.l) (hereinafter referred to as the "Additional Protocol") was signed and entered into force on May 9, 2007;
WHEREAS the Republic of Kazakhstan is a party to the Vienna Convention on Civil Liability for Nuclear Damage (INFCIRC/500) and the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage (INFCIRC/566);
have agreed on the following:
Article I DEFINITIONS
In this Agreement, the following terms have the following meaning::
a. "competent authorities" means such central or local authorities of the Republic of Kazakhstan that, in the context of and in accordance with the legislation of Kazakhstan, are competent;
b. "IAEA archives" means all reports, correspondence, documents, manuscripts, computer and multimedia data, photographs, films, video and sound recordings related to the operation of the IAEA LEU Bank that belong to the IAEA or are in the possession of the IAEA, as well as any other materials that, by agreement between the Parties, belong to the IAEA archives.;
c. "Director General" means the Director General of the IAEA or any official authorized to act on his behalf.;
d. "Installation Operator" means a legal entity that operates the IAEA LEU Warehouse and, as such, provides IAEA services in accordance with a technical agreement to be concluded between the IAEA and the Installation Operator in consultation with Kazakhstan (hereinafter referred to as the "Technical Agreement on Installation Operator Services");
e. "operation of the IAEA LEU Bank" means activities agreed upon by the Parties, which include receiving, loading, unloading and moving around the site of the Installation Operator, and storing the IAEA LEU and other IAEA property, weighing and sampling cylinders for the IAEA LEU, accounting for nuclear material, ensuring nuclear safety and physical safety, transportation, preparation of for the shipment, import and export of IAEA LEU and the relocation of the IAEA LEU Bank and all related accounting, inspection, reporting, risk management and maintenance operations;
f. "LEU MAG ATE" means low-enriched uranium owned by the IAEA in connection with the operation of the IAEA LEU Bank, in the form of uranium hexafluoride (UF6) with nominal U-235 enrichment up to and including 4.95%;
g. "IAEA LEU Bank" means the physical stock of IAEA LEU located in the IAEA LEU Warehouse with a maximum volume of up to 60 (sixty) complete cylinders of type 30B or later modifications;
Thank you. "IAEA LEU cylinders" means the cylinders belonging to the IAEA for packing the IAEA LEU for its transportation and storage;
i. "IAEA LEU Warehouse" means a storage facility provided to the IAEA by Kazakhstan for the exclusive use of the IAEA and located on the site of the Installation Operator, where the IAEA LEU Bank is located (hereinafter referred to as the "site of the Installation Operator"), as described in the Technical Agreement on the Services of the Installation Operator.;
j. "IAEA property" means all the property of the IAEA, including the IAEA LEU, the cylinders for the IAEA LEU, as well as funds and other assets owned by the IAEA or owned or managed by the IAEA in the performance of its statutory functions and this Agreement, and all the income of the IAEA;
k. "IAEA Representative Office" for the purpose of this Agreement means an office established by the IAEA in the Republic of Kazakhstan and notified to Kazakhstan by the IAEA;
1. "IAEA Representative" means an official of the IAEA or another person appointed by the IAEA who represents the IAEA in the Republic of Kazakhstan and about whom the IAEA notifies Kazakhstan;
m. "legislation of Kazakhstan" means the regulatory legal acts of the Republic of Kazakhstan adopted in accordance with the established procedure;
n. "IAEA officials" means the Director General and all employees of the IAEA, with the exception of persons employed locally on an hourly basis.
Article II THE IAEA LEU BANK
1. In accordance with this Agreement, the IAEA is establishing the IAEA LEU Bank in the Republic of Kazakhstan.
2. a. The IAEA incurs the following costs:
(i) Without prejudice to Kazakhstan's obligations with respect to the costs provided for in subparagraph (b) of paragraph 2 of this article, the costs of acquiring IAEA LEU, equipment, technical facilities and any other goods and services necessary for the establishment, operation and maintenance of the IAEA LEU Bank. These include communication costs and other expenses related to the special requirements of the IAEA during the operation of the IAEA LEU Bank, such as those related to the operation of monitoring equipment and the requirements of the IAEA regarding the handling or inspection of IAEA LEU cylinders.;
(ii) The costs of shipping IAEA LEU to and from the IAEA LEU Warehouse, including all costs related to the import and export of IAEA LEU, empty cylinders for IAEA LEU and cylinders with non-removable remnants of IAEA LEU, with the exception of costs related to the relocation of the IAEA LEU Bank in accordance with paragraph 2 (b) (iv) this article. The costs listed in this subparagraph include costs directly related to the preparation of transport documents, the movement of the IAEA LEU at the site of the Installation Operator, recondensation, homogenization, sampling and analysis of the IAEA LEU;
(iii) Overhead costs related to the operation and maintenance of the IAEA LEU Bank, which are borne by the IAEA, including the cost of staff provided by the IAEA, the cost of organizing IAEA meetings and the cost of disseminating information within the IAEA;
(iv) Expenses for the payment of taxes, fees and duties levied on the IAEA in connection with the establishment, operation and maintenance of the IAEA LEU Bank, from which the IAEA is not exempt in accordance with article VI of this Agreement;
(v) One euro per year for the storage costs referred to in subparagraph (b) (i) of paragraph 2 of this article;
vi) expenses related to the relocation of the IAEA LEU Bank within the Republic of Kazakhstan at the request of the IAEA, including the removal and/or disposal of property, including IAEA property;
vii) expenses related to the relocation of the IAEA LEU Bank outside the Republic of Kazakhstan due to the expiration or termination of this Agreement in accordance with paragraph 3 or subparagraph a. of paragraph 4 of Article XIX of this Agreement, or subparagraph b. of paragraph 4 of Article XIX of this Agreement in case of violation by the IAEA of the provisions of this Agreement, except for the cases provided for in subparagraph b. (iv) of paragraph 2 of this article;
(viii) Expenses related to the fulfillment of IAEA safeguards obligations in respect of the IAEA LEU Bank in accordance with the Safeguards Agreement and the Additional Protocol;
(ix) Other expenses explicitly mentioned in this Agreement as covered by the IAEA.
b. Kazakhstan incurs the following expenses:
(i) All expenses directly related to the storage of the IAEA LEU, except as provided for in subparagraph (a) (v) of paragraph 2 of this article, including payment for electricity, heating, necessary office space and staff costs provided by Kazakhstan or its institutions in connection with the operation of the IAEA LEU Bank;
ii) expenses related to activities carried out by Kazakhstan in accordance with the legislation of Kazakhstan pursuant to this Agreement;
(iii) Expenses related to the relocation of the IAEA LEU Bank within the Republic of Kazakhstan at the request of Kazakhstan, including the removal and/or disposal of property, including IAEA property;
(iv) Expenses related to the relocation of the IAEA LEU Bank outside the Republic of Kazakhstan by virtue of the termination of this Agreement in accordance with subparagraph (b) of paragraph 4 of Article XIX of this Agreement, as a result of Kazakhstan's violation of the provisions of this Agreement leading to the relocation of the IAEA LEU Bank, except as provided in subparagraph (a) (vii) of paragraph 2 of this article;
v) expenses related to the fulfillment of the obligations of the Republic of Kazakhstan on the application of safeguards in respect of the IAEA LEU Bank in accordance with the Safeguards Agreement and the Additional Protocol;
vi) other expenses explicitly mentioned in this Agreement as covered by Kazakhstan.
3. Kazakhstan ensures that the IAEA has at its disposal at all times an Installation Operator who has a license issued on the basis of the legislation of Kazakhstan to provide services in connection with the operation of the IAEA LEU Bank in accordance with this Agreement, with qualified personnel who meet the requirements for the provision of necessary services.
4. Kazakhstan ensures that the IAEA is constantly provided with fully operational equipment and technical facilities that comply with the design documentation approved by the competent authorities for the site of the Installation Operator and may be required by the IAEA for the purposes of the operation of the IAEA LEU Bank. Subject to paragraph 2 of this article, the conditions for the provision of such equipment and technical facilities shall be agreed upon by the IAEA and the Installation Operator in a Technical Agreement on the Services of the Installation Operator.
5. The persons referred to in paragraph 1 of Article IX of this Agreement, subject to compliance with the necessary safety and physical security requirements provided for in Article XIV of this Agreement, shall have permanent unhindered access to the IAEA LEU Bank, the IAEA LEU Warehouse, the IAEA property, the IAEA archives, and parts of the Installation Operator's site necessary in connection with the operation of the IAEA LEU Bank., or any other access that is required in connection with the operation of the IAEA LEU Bank. Kazakhstan reserves the right to accompany such persons at its discretion. The IAEA reserves the right to protect such IAEA property with locks and seals, if the IAEA deems it necessary.
6. The Parties may agree to relocate the IAEA LEU Bank to another site within the Republic of Kazakhstan in accordance with paragraph 1 of Article XVII of this Agreement.
7. Subject to paragraph 4 of Article VI and paragraph 2 of Article XIV of this Agreement, Kazakhstan does not create any obstacles or impose any restrictions on the storage and movement of any IAEA property under this Agreement, which is intended for the operation of the IAEA LEU Bank. Kazakhstan ensures that the procedures related to the transfer to, through or from the Republic of Kazakhstan of the IAEA LEU, cylinders for the IAEA LEU and any other IAEA property related to the operation of the IAEA LEU Bank are completed as soon as possible.
Article III LEGAL STATUS OF THE IAEA
Kazakhstan recognizes the legal personality of the IAEA and, in particular, its legal capacity to: a) conclude contracts; b) acquire and dispose of movable and immovable property; c) initiate legal proceedings.
Article IV INVIOLABILITY
1. Kazakhstan recognizes the jurisdiction and control of the IAEA over the IAEA Office. The IAEA LEU and the IAEA LEU Bank are officially legally owned and controlled by the IAEA.
2. In all cases, with the exception of those specifically stipulated by this Agreement, the legislation of Kazakhstan applies to the IAEA LEU Bank and within the limits of the IAEA Representative Office.
3. In all cases, with the exception of those specifically stipulated by this Agreement, actions and transactions carried out in the Republic of Kazakhstan within the IAEA Representative Office or in connection with the IAEA LEU Bank are subject to the jurisdiction of courts or other competent authorities, as provided for by the applicable legislation of Kazakhstan.
4. a. The IAEA and the IAEA property, wherever located and by whomsoever held, enjoy immunity from any form of judicial interference, unless the IAEA specifically waives immunity in any particular case, and it is assumed that no waiver of immunity applies to enforcement measures.
b. The property of the IAEA, wherever and by whomsoever located, is not subject to search, requisition, confiscation, expropriation or any other form of interference, whether through executive, administrative, judicial or legislative action.
5. The IAEA KNOW-HOW Bank, the IAEA KNOW-HOW and the IAEA Representative Office are inviolable. Representatives of Kazakhstan or the Installation Operator or any other persons should not have access to the IAEA LEU Bank, the IAEA LEU, or enter the IAEA Representative Office to carry out any activities there, except with the consent of the Director General and on conditions approved by him. Notwithstanding the above, the Director General's consent to access the IAEA LEU Bank and the IAEA LEU is not required in relation to:
a. activities carried out by Kazakhstan in connection with the IAEA LEU Bank or the IAEA LEU in order to fulfill its regulatory inspection control obligations in accordance with Article XIV of this Agreement;
b. activities carried out by the Installation Operator in connection with the IAEA LEU Bank or the IAEA LEU in order to fulfill its obligations under the Technical Agreement on the Services of the Installation Operator;
c. activities carried out by Kazakhstan in the event of an emergency, or danger, or threat of their occurrence, requiring urgent action.
Kazakhstan shall ensure that any such access to the IAEA LEU Bank or the IAEA LEU for carrying out the activities described in subparagraphs a. to C. of this paragraph is recorded and reported to the IAEA by the Installation Operator as soon as possible.
6. Kazakhstan provides access to the IAEA LEU Warehouse only for carrying out the activities described in sub-paragraphs a. - c. of paragraph 5 of this article. Kazakhstan ensures that the Installation Operator keeps records of all such access cases and activities and provides these data to the IAEA as soon as possible upon receipt of the IAEA request.
7. The execution of court decisions, including the seizure of private property, may not take place within the IAEA Mission except with the express consent of the Director General and on conditions approved by him.
8. The IAEA LEU Bank, the IAEA LEU Warehouse and the IAEA Representative Office may be used only for the purposes of the operation of the IAEA LEU Bank, as expressly provided for in this Agreement. The IAEA does not allow the use of the IAEA Representative Office as a safe haven by persons who are hiding from arrest on the basis of the legislation of Kazakhstan, whom Kazakhstan requires for extradition to another country or who are trying to evade the execution of court decisions.
9. The IAEA archives are inviolable wherever they are located.
Article V FINANCIAL BENEFITS
1. Without being limited by financial controls, regulations, or moratoriums of any kind, the IAEA is free to:
a. have cash, gold, or any kind of currency and make transactions in any currency;
b. transfer his funds, gold or currency from one country to another or within any country and convert any currency at his disposal into any other currency.
2. The IAEA, exercising its rights under paragraph 1 of this article, shall pay due attention to the submissions of Kazakhstan to the extent that such submissions are feasible without prejudice to the interests of the IAEA.
Article VI EXEMPTION FROM TAXES, FEES, DUTIES, PROHIBITIONS AND RESTRICTIONS
1. The IAEA and the IAEA's property are exempt from all types of taxation, however, provided that such exemption from taxes does not apply to the owners of property owned or managed and used by the IAEA, or to other persons who lease it to it. In addition, it is understood that the IAEA does not require exemption from taxes, which are actually only payments for utilities.
2. The IAEA is not exempt from indirect taxes, which are part of the cost of goods purchased by the IAEA and services provided by the IAEA. Notwithstanding the above, Kazakhstan reimburses the IAEA through the IAEA Representative Office for value-added tax by paying lump sums at least once a year in accordance with the reimbursement procedure that applies to diplomatic missions accredited to Kazakhstan.
3. In carrying out transactions and executing documents related to the operation of the IAEA LEU Bank, the IAEA is exempt from all registration fees and government duties.
4. The IAEA property imported or exported by the IAEA in connection with this Agreement shall be exempt from customs duties and duties, import and export prohibitions and restrictions. Without prejudice to the above, the IAEA provides Kazakhstan with a list of IAEA assets to be imported or exported at least 90 (ninety) calendar days prior to any import or export of IAEA assets. Such information is provided in Russian and includes the exact name of the goods with their codes in accordance with the Harmonized Commodity Description and Coding System (with six-digit codes). At least 30 (thirty) days before the import or export of the IAEA property, the IAEA provides Kazakhstan with information on the methods of transportation and points of import and/or export.
5. The IAEA property imported or acquired by the IAEA under the conditions set out in paragraphs 1, 2 and 4 of this Article is not subject to sale, lease or other alienation in the Republic of Kazakhstan, unless Kazakhstan has agreed otherwise.
Article VII PROVISION OF SERVICES AND FACILITIES RELATED TO THE OPERATION OF THE IAEA LEU BANK
1. The competent authorities, within the limits of a reasoned request by the Director General, exercise their powers to provide the IAEA LEU Warehouse and the IAEA Representative Office with the necessary services at rates that do not exceed the corresponding lowest rates provided to government agencies of Kazakhstan for the IAEA Representative Office. Such services include electricity and water supply, sewerage, postal services, reliable permanent telephone connection and high-speed Internet connection, unhindered access to satellite communications, appropriate transport infrastructure, wastewater disposal, garbage collection, fire protection, snow removal of access roads and security and safety services, including emergency response services. The IAEA provides reasonable assistance in this regard.
2. In the event of an interruption or threat of a service interruption of one kind or another, the competent authorities recognize the needs of the IAEA as having the same importance as the needs of the most important government institutions of Kazakhstan, and take measures to prevent damage to the work of the IAEA in connection with the IAEA LEU Bank.
3. Subject to paragraph 5 of Article IV of this Agreement, the Director General, upon request, shall take appropriate measures to enable authorized representatives of relevant service organizations to inspect, repair, maintain, modify and transfer installations, pipelines, mains and sewage pipes within or in connection with the IAEA Mission in such a way that: it did not disrupt its functioning for no reason.
Article VIII COMMUNICATIONS AND TRANSPORT
1. The IAEA enjoys, within the limits of the provisions of any international conventions, regulations and agreements to which Kazakhstan is a party, for its official relations a regime no less favorable than that provided by Kazakhstan to any other organization or Government, including the diplomatic missions of such other Government, with respect to priorities and tariffs for mail, cables, telegrams, radiograms, phototelegraphic messages, television, telephone, Internet and other means of communication, as well as tariffs set for the press, when transmitting information for print and radio.
2. The IAEA has the right to use the means of railway transport of the Republic of Kazakhstan for its official purposes at tariffs that do not exceed the corresponding lowest tariffs provided to state institutions of Kazakhstan.
3. All official communications sent to the IAEA or to any of its officials, and all outgoing official communications from the IAEA, by whatever means and in whatever form they are transmitted, enjoy immunity from censorship and any other form of interception or violation of their secrecy.
4. The IAEA has the right to use a cipher and to send and receive correspondence and other official communications by courier or in sealed bags, which are subject to the same privileges and immunities as diplomatic couriers and diplomatic bags.
Article IX ENTRY AND EXIT
1. Kazakhstan shall take all necessary measures to facilitate entry into and stay in the territory of the Republic of Kazakhstan and shall not prevent the persons listed below from leaving the territory of the Republic of Kazakhstan in order to perform their functions provided for in this Agreement:
a. IAEA officials;
b. officials of the United Nations or any other organization that has established relations with the IAEA pursuant to article XVI.And its Charter, having official business with the IAEA in connection with the IAEA LEU Bank;
c. Experts who are not officials of the IAEA, but who carry out missions in connection with the IAEA LEU Bank under the authority of the IAEA.
2. The persons referred to in paragraph 1 of this article who may require visas are granted single-entry visas or, at the request of the IAEA, multiple entry and exit visas for a period of up to one year or more. Visas are issued as quickly as possible and free of charge.
3. No official activity of the persons mentioned in this article related to the work with the IAEA, as provided for in paragraph 1 of this article, may serve as a basis for preventing them from entering or leaving the territory of the Republic of Kazakhstan and for demanding that they leave the territory of the Republic of Kazakhstan. In all cases, with the exception of those specifically stipulated by this Agreement, Kazakhstan fully controls and regulates the arrival in the Republic of Kazakhstan of the persons referred to in paragraph 1 of this Article, as well as the conditions of further stay or residence of such persons within the country.
4. This article does not prevent the competent authorities from requiring sufficient evidence that the persons claiming the rights granted by this article belong to the categories referred to in paragraph 1 of this article; it also does not prevent the application of quarantine and sanitary rules.
5. With the exception of cases of entry into the Republic of Kazakhstan by IAEA safeguards inspectors, the notification of which is sent prior to their arrival along with the expected duration of their stay, the IAEA shall send Kazakhstan, as soon as possible through diplomatic channels, prior notification of the arrival in the Republic of Kazakhstan of the persons referred to in paragraph 1 of this Article and the expected duration of their stay in the Republic of Kazakhstan.
Article X PRIVILEGES AND IMMUNITIES
1. IAEA officials enjoy the following privileges and immunities within and in relation to the Republic of Kazakhstan:
a. immunity from all forms of prosecution in respect of words spoken or written and actions performed by them in their official capacity in connection with the functioning of the IAEA LEU Bank; this immunity remains even when these persons cease to be officials of the IAEA.;
b. immunity from personal arrest or detention;
c. immunity from seizure of their personal and official baggage;
d. immunity from inspection of official baggage and, if an IAEA official is of the P-5 Professional class or higher in accordance with the United Nations salary scale recommended by the International Civil Service Commission, immunity from inspection of personal baggage, unless there are serious grounds to believe that such baggage contains items that are not intended for personal use. or for official use, or items whose import or export is prohibited by law or regulated by quarantine regulations of Kazakhstan. Such an inspection is carried out only in the presence of an official or his authorized representative.;
e. inviolability of all papers, documents and other official materials;
f. exemption from taxes on salaries and remuneration they receive from the IAEA;
g. the right to use a cipher in all communications with the IAEA and to send or receive papers, correspondence and other official materials by courier or in sealed bags;
Thank you. exemption from immigration restrictions, registration as foreigners and obligations to perform state duties;
i. the same privileges in connection with currency and exchange benefits as are granted to employees of diplomatic missions accredited to Kazakhstan who have the appropriate rank.;
j. the same protection and benefits for repatriation during international crises as are provided to employees of diplomatic missions accredited to Kazakhstan with the appropriate rank.
2. The persons referred to in subparagraphs b. and c. of paragraph 1 of Article IX of this Agreement shall enjoy the following privileges and immunities within the Republic of Kazakhstan and in relation to it:
a. Immunity from personal arrest and detention and from seizure of their personal and official baggage;
b. immunity from all forms of prosecution in respect of words spoken or written and all actions committed by them in the performance of their official duties in connection with the IAEA LEU Bank; this immunity remains even when these persons cease to be involved in missions under the authority of the IAEA.;
c. inviolability of all papers, documents and other official materials;
d. the right to use a cipher in all communications with the IAEA and to send or receive papers, correspondence and other official materials by courier or in sealed bags;
e. inviolability of all papers, documents and other official materials;
f. exemption from taxes on salaries and remuneration they receive from the IAEA;
g. the right to use a cipher in all communications with the IAEA and to send or receive papers, correspondence and other official materials by courier or in sealed bags;
Thank you. exemption from immigration restrictions, registration as foreigners and obligations to perform state duties;
i. the same privileges in connection with currency and exchange benefits as are granted to employees of diplomatic missions accredited to Kazakhstan who have the appropriate rank.;
j. the same protection and benefits for repatriation during international crises as are provided to employees of diplomatic missions accredited to Kazakhstan with the appropriate rank.
2. The persons referred to in subparagraphs b. and c. of paragraph 1 of Article IX of this Agreement shall enjoy the following privileges and immunities within the Republic of Kazakhstan and in relation to it:
a. Immunity from personal arrest and detention and from seizure of their personal and official baggage;
b. immunity from all forms of prosecution in respect of words spoken or written and all actions committed by them in the performance of their official duties in connection with the IAEA LEU Bank; this immunity remains even when these persons cease to be involved in missions under the authority of the IAEA.;
c. inviolability of all papers, documents and other official materials;
d. the right to use a cipher in all communications with the IAEA and to send or receive papers, correspondence and other official materials by courier or in sealed bags;
e. the same benefits in respect of currency restrictions and money exchange restrictions as are provided to representatives of foreign Governments performing temporary official missions.;
f. the same immunities and benefits in respect of their personal and official baggage as are granted to employees of diplomatic missions accredited to Kazakhstan with the appropriate rank.
3. The privileges and immunities specified in this article are granted in the interests of the IAEA, and not for the personal benefit of these persons. The Director General waives the immunity granted under this article to any such person in all cases where, in the opinion of the Director General, such immunity would impede the course of justice and where it can be waived without prejudice to the interests of the IAEA.
4. a. The IAEA shall forward to Kazakhstan a list of persons covered by this article and review such list as necessary.;
b. At the request of the IAEA, Kazakhstan issues an accreditation certificate with a photo of the bearer to persons subject to this article. This document certifies the functional duties and position of the bearer in his relations with all competent authorities.
5. The IAEA shall continuously cooperate with the competent authorities to ensure the proper administration of justice, compliance with police regulations and the prevention of any abuse in connection with the privileges, immunities and facilities referred to in this article.
6. The IAEA officials referred to in subparagraph a. of paragraph 1 of Article IX of this Agreement and who are citizens of the Republic of Kazakhstan shall enjoy in the Republic of Kazakhstan only the privileges and immunities granted in accordance with subparagraphs a., e. and g. of paragraph 1 of this article. The persons referred to in subparagraphs b. and c. of paragraph 1 of Article IX of this Agreement and who are citizens of the Republic of Kazakhstan shall enjoy in the Republic of Kazakhstan only the privileges and immunities granted in accordance with subparagraphs b., c. and d of paragraph 2 of this article.
7. An IAEA representative who is an official of another international organization enjoys, in relation to his/her activities as an IAEA Representative, the privileges and immunities granted to him/her in accordance with the applicable international treaty concluded between Kazakhstan and such international organization.
Article XI ABUSE OF PRIVILEGES
If Kazakhstan finds that there has been an abuse of any privilege or immunity provided for in this Agreement, consultations shall be conducted between the Parties in order to establish whether such abuse has occurred, and, if so, ways are being sought to prevent the recurrence of such abuses. If the results of such consultations prove unsatisfactory to the Parties, the question of whether an abuse of privilege or immunity has occurred shall be resolved in accordance with the procedure provided for in article XVIII of this Agreement. If the fact of abuse is established, Kazakhstan has the right, after notifying the IAEA, not to grant the privileges or immunities that were the subject of abuse to the relevant person. However, the denial of privileges or immunities should not serve as an obstacle to the implementation of the core activities of the IAEA or interfere with the IAEA in the performance of its core functions.
Article XII PASSES
Kazakhstan recognizes and accepts as valid travel documents the United Nations laissez-passer issued to officials of the IAEA, officials of the United Nations and officials of other organizations, as defined in subparagraphs a. and b. paragraph 1 of Article IX of this Agreement.
Article XIII PROTECTION OF THE IAEA LEU BANK, THE IAEA LEU WAREHOUSE AND THE IAEA REPRESENTATIVE OFFICE
1. The competent authorities shall take appropriate measures to prevent any persons or groups of persons from violating the peace and security of the IAEA LEU Bank, the IAEA LEU Warehouse and the IAEA Representative Office who attempt to gain illegal access to the IAEA LEU Bank or illegally enter the IAEA LEU Warehouse and the IAEA Representative Office, or cause unrest in their immediate vicinity, and ensure at the borders of the IAEA LEU Warehouse and the IAEA Representative Office, and near them such police and/or other guards as may be necessary for this purpose.
2. At the request of the Director General, the competent authorities provide a sufficient number of police and/or other security personnel to maintain law and order at and near the borders of the IAEA LEU Warehouse and the IAEA Representative Office.
Article XIV SECURITY, PHYSICAL SECURITY AND GUARANTEES
1. The IAEA LEU Bank and the IAEA LEU Warehouse are under the responsibility of the competent authorities responsible for safety, physical security and safeguards.
2. For the period during which the Agreement remains in force, Kazakhstan ensures the availability of an adequate State, legal and regulatory framework for nuclear safety and physical nuclear safety. If necessary, Kazakhstan ensures that the applicable provisions of the IAEA Safety Fundamentals and Safety Requirements, as well as the IAEA Physical Safety Fundamentals and Recommendations on Physical Nuclear Safety, which may be periodically amended and supplemented or replaced by later versions, are applied to the IAEA LEU Bank, the IAEA LEU Warehouse and the IAEA LEU, through amendments to the legislation of Kazakhstan. Also, if necessary, Kazakhstan ensures that the applicable provisions of the IAEA Safety Guidelines, Practical Guidelines on Nuclear Security and Technical Guidance Materials of the IAEA are applied to the IAEA LEU Bank, the IAEA LEU Warehouse and the IAEA LEU, which may be periodically amended and supplemented or replaced by later versions, or equivalent measures through amendments to legislation. Of Kazakhstan. The IAEA has the right to conduct safety and security review missions in consultation with Kazakhstan in order to confirm the application of the applicable provisions of the above-mentioned norms and documents.
3. The rights and obligations of the IAEA in the field of safeguards provided for in article XII.And its Statutes are applied and maintained in relation to the IAEA LEU Bank, the IAEA LEU Warehouse and the IAEA LEU. The IAEA safeguards are applied to the IAEA LEU Bank, the IAEA LEU Warehouse and the IAEA LEU in accordance with the Safeguards Agreement and the Additional Protocol. The IAEA LEU warehouse for the purposes of applying IAEA safeguards is being created by Kazakhstan as an installation separate from other installations located on the site of the Installation Operator.
4. The IAEA has the right to install equipment that enables the IAEA to ensure that the IAEA LEU Bank and the IAEA LEU Warehouse are constantly protected from the effects of natural phenomena and other risks, illegal movement or use for illegal purposes, damage or destruction, including sabotage, and forcible seizure. Kazakhstan provides assistance in the installation, operation and maintenance of this equipment. By installing the above-mentioned equipment, the IAEA is not responsible for nuclear safety.
5. The Parties agree that the IAEA LEU will not be placed in the IAEA LEU Warehouse until the IAEA is satisfied that the IAEA LEU Bank can be established.
Article XV EMERGENCY PREPAREDNESS AND RESPONSE
1. Prior to the commencement of the operation of the IAEA LEU Bank, Kazakhstan shall ensure the implementation, periodic review and updating of appropriate emergency response plans on and off site to eliminate the consequences of nuclear and radiological incidents and emergencies occurring at or affecting the site of the Installation Operator, the IAEA LEU Warehouse and the IAEA LEU Bank. Emergency response plans should also cover activities related to these facilities, such as the transportation of IAEA LEU. Emergency response plans should be commensurate with the potential scale and nature of the hazards associated with the Installation Operator's site, the IAEA LEU Warehouse and the IAEA LEU Bank, and appropriately linked to the mechanisms for responding to routine emergencies.
2. Kazakhstan ensures that the Installation Operator promptly and promptly notifies the competent authorities and the IAEA of incidents and emergencies that may be related to radiation, chemical or other hazards, the source of which is the IAEA LEU Bank, or incidents and situations that are not the source of the IAEA LEU Bank, but which may adversely affect safety and physical security of the IAEA LEU Bank. Notwithstanding the above, Kazakhstan shall immediately notify the IAEA of any incidents or emergencies referred to in this article.
Article XVI LIABILITY AND EXEMPTION FROM LIABILITY
1. All issues related to civil liability for nuclear damage are regulated by the Protocol amending the Vienna Convention on Civil Liability for Nuclear Damage (hereinafter referred to as the "Protocol"), to which the Republic of Kazakhstan is a party, on the understanding that for the purposes of the Protocol, the Republic of Kazakhstan is the State responsible for the installation in relation to the IAEA LEU Warehouse, and the Installation Operator is the operator of the IAEA LEU Warehouse.
2. In case of denunciation of the Protocol, the Republic of Kazakhstan continues to apply the provisions of the Protocol with respect to civil liability for nuclear damage arising from this Agreement, as if it were still a party to it.
3. Subject to paragraph 1 of this article, Kazakhstan shall bear responsibility arising from this Agreement as a result of the actions or omissions of Kazakhstan, its officials or its institutions, including the Operator of the installation, and shall bear all related costs. With the exception of cases of civil liability for nuclear damage, Kazakhstan shall not be liable arising from the actions or omissions of the IAEA or the persons listed in paragraph 1 of Article IX of this Agreement. Kazakhstan provides adequate third-party liability insurance to cover the liability arising from this Agreement, with the exception of civil liability for nuclear damage. In such an insurance policy, the IAEA is indicated as an additional insured person and provides for the waiver of subrogation of the rights of the insurance company in relation to the IAEA.
4. Subject to paragraph 1 of this article, Kazakhstan shall release the IAEA and the persons listed in paragraph 1 of Article IX of this Agreement from liability, recognize them as not liable and undertake to protect them from it, as well as provide protection at its own expense in respect of all claims, claims, demands and liability of any origin or kind, including related costs arising from the actions or omissions of Kazakhstan, its officials or its institutions, including the Installation Operator. Kazakhstan's liability under this clause is not limited to or determined by any terms of existing insurance.
5. Subject to paragraph 3 of this article, except in cases of civil liability for nuclear damage, the IAEA shall bear responsibility arising from the actions or omissions of the IAEA and the persons listed in paragraph 1 of Article IX of this Agreement that arise from this Agreement, and shall bear all related costs. The IAEA provides adequate third-party liability insurance to cover the liability arising from this Agreement.
6. As a result of the placement of the IAEA LEU Bank on the territory of the Republic of Kazakhstan, Kazakhstan does not bear international responsibility for the actions or omissions of the IAEA or persons listed in paragraph 1 of Article IX of this Agreement who act or refrain from acting within the scope of their duties, except for those international obligations that the Republic of Kazakhstan fulfills as a member State of the IAEA.
Article XVII GENERAL PROVISIONS
1. Any proposed change concerning the site of the Installation Operator and/or the Installation Operator, including its organizational structure or resources, which may affect the IAEA LEU Bank, as well as the relocation of the IAEA LEU Bank to another site within the Republic of Kazakhstan in accordance with paragraph 6 of Article II of this Agreement, shall be made upon mutual agreement between the Parties prior to their implementation and subject to compliance with all technical and legal requirements contained in this Agreement and any technical agreement, which concerns the IAEA LEU Bank and is provided for in paragraph 4 of this Article, or their compliance in any other way by making amendments and additions to this Agreement in accordance with paragraph 2 of Article XIX of this Agreement or amendments and additions to any technical agreement.
2. Kazakhstan is constantly taking all necessary measures, including in connection with the license referred to in paragraph 3 of Article II of this Agreement, to ensure the continuous fulfillment of all its obligations arising under this Agreement. In the event that the Installation Operator ceases to exist or is unable to fulfill its obligations under the Technical Agreement on the Installation Operator's Services, Kazakhstan ensures that all obligations of the Installation Operator are fulfilled as provided for in the Technical Agreement on the Installation Operator's Services.
3. Kazakhstan shall immediately notify the IAEA of any regulatory requirements and/or legislation of Kazakhstan, including changes thereto, and of changes to the terms and conditions of the license referred to in paragraph 3 of Article II of this Agreement and any other relevant licenses that may affect the IAEA LEU in the territory of the Republic of Kazakhstan or the IAEA LEU Bank.
4. The IAEA and the competent authorities and/or institutions of Kazakhstan may conclude any necessary technical agreements concerning the IAEA LEU Bank within the framework of the implementation of this Agreement.
Article XVIII SETTLEMENT OF DISPUTES
Any dispute between the Parties regarding the interpretation or application of this Agreement, which is not settled through negotiations or other agreed method, is referred for final decision to a court of three arbitrators, one of whom is elected by the Director General, the other by Kazakhstan, and the third, who is the Chairman of the court, by the first two arbitrators. If either Party has not chosen its own arbitrator within 6 (six) months following the appointment of an arbitrator by the other Party, or if the first two arbitrators do not agree on a third one within 6 (six) months following the appointment of the first two arbitrators, such second or third arbitrator shall be elected by the President of the International Court of Justice at the request of the IAEA. or Kazakhstan.
Article XIX EFFECT OF THIS AGREEMENT
1. This Agreement shall enter into force on the date of receipt through diplomatic channels of the last written notification on the completion by the Parties of the procedures necessary for its entry into force.
2. Amendments and additions may be made to this Agreement by mutual agreement of the Parties. Such amendments and additions are formulated in separate protocols, which are integral parts of this Agreement and enter into force in accordance with the procedure provided for in paragraph 1 of this article.
3. This Agreement remains in force for 10 (ten) years and is automatically extended for subsequent 10-year periods, if neither Party is later than one (1) year old. one year before the expiration of the relevant 10-year period, will not notify the other Party in writing through diplomatic channels of its intention not to extend the validity of this Agreement.
4. Regardless of paragraph 3 of this article, this Agreement is terminated:
a. by mutual written agreement of the Parties;
b. upon the expiration of one (1) year from the date of receipt of a written notification that the notifying Party intends to terminate this Agreement as a result of a material violation of this Agreement by the other Party. Any dispute arising in connection with the termination of this Agreement in accordance with this subparagraph shall be resolved in accordance with article XVIII of this Agreement.
5. Notwithstanding paragraphs 3 and 4 of this Article, the obligations of the Parties under Articles XVI and XVIII of this Agreement shall continue to apply for the periods specified in Article 8 of the Protocol, unless the Parties expressly agree otherwise in writing. In addition, those provisions of the Agreement that are necessary for the termination of activities under this Agreement remain in force. The Parties shall cooperate to ensure that the termination of activities is completed as soon as possible.
IN WITNESS WHEREOF, the respective duly authorized representatives of the Parties have signed this Agreement.
DONE in Astana on this 27th day of August, two thousand and fifteen, in two copies, each in the Kazakh, English, and Russian languages, all texts being equally authentic. In case of disagreement, the Parties refer to the English text.
For the GOVERNMENT
For AN INTERNATIONAL AGENCY
REPUBLIC OF KAZAKHSTAN
ON ATOMIC ENERGY
________________________
________________________
(signature)
(signature)
________________________
________________________
(Last name and position)
(Last name and position)
RCPI's note! The text of the Agreement in English is attached below.
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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