On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure for monitoring the availability and intended use of military products Supplied under the Agreement between the Republic of Kazakhstan and the Russian Federation on Military-Technical Cooperation dated December 24, 2013

The Law of the Republic of Kazakhstan dated May 13, 2019 No. 255-VI SAM.

      To ratify the Agreement between the Republic of Kazakhstan and the Russian Federation on the procedure for monitoring the availability and intended use of military products supplied under the Agreement between the Republic of Kazakhstan and the Russian Federation on Military-Technical Cooperation dated December 24, 2013, signed in Moscow on November 29, 2017.    

     President   Republic of Kazakhstan

K. TOKAEV  

AGREEMENT between the Republic of Kazakhstan and the Russian Federation on the procedure for monitoring the availability and intended use of military products supplied under the Agreement between the Republic of Kazakhstan and the Russian Federation on Military-Technical Cooperation dated December 24, 2013    

      The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,  

      in order to control the availability and intended use of military products supplied under the Agreement between the Republic of Kazakhstan and the Russian Federation on Military-Technical Cooperation dated December 24, 2013 (hereinafter referred to as the Agreement), and in accordance with Article 10 of the Agreement,  

      have agreed on the following:  

Article 1  

     The Party supplying military products under the Agreement (hereinafter referred to as the supplying Party) has the right to monitor their availability and intended use (hereinafter referred to as control).

     The Party to which military products are supplied provides the necessary conditions for the supplying Party to exercise its control.

Article 2

     The subject of control is military products supplied under the Agreement.

Article 3

     The purpose of the control is to verify the availability and intended use of military products supplied under contracts concluded under the Agreement (the availability of military products supplied, as well as the necessary documentation confirming their intended use in the armed forces, other troops, military formations, law enforcement agencies and special agencies (services) Parties, the validity of its write-off, including for irretrievable losses).

Article 4

      The authorized bodies of the Parties for the implementation of this Agreement are:  

     from the Kazakh Side - the Ministry of Defense of the Republic of Kazakhstan, the Ministry of Defense and Aerospace Industry of the Republic of Kazakhstan;

     From the Russian Side, the Federal Service for Military-Technical Cooperation.

      The authorized organizations of the Parties are:  

     from the Kazakh Side - government agencies, as well as organizations that are entitled, according to the legislation of the Republic of Kazakhstan, to the appropriate type of activity in relation to military products in the interests of the Armed Forces, other troops, military formations, law enforcement agencies and special agencies of the Republic of Kazakhstan;

     from the Russian Side - federal executive authorities authorized to perform the functions of a state customer of a state defense order in the interests of the Armed Forces of the Russian Federation, other troops, military formations, law enforcement agencies and special services, and organizations authorized, in accordance with the legislation of the Russian Federation, to carry out the appropriate type of activity in relation to military products.

     In the event of a change in the name or functions of the authorized bodies, the Parties shall immediately notify each other through diplomatic channels.

Article 5

     In order to carry out control, the authorized body of the supplying Party shall send a request for control in advance through diplomatic channels to the authorized body of the Party to which military products are supplied. The request specifies the military products for which the supplying Party intends to carry out the control, the timing of its implementation, as well as the technical means to be used during the control.

     For the purposes of control, a control group is formed, which consists of representatives of the Ministry of Foreign Affairs, the Ministry of Defense, the authorized body and the authorized organization of the supplying Party (hereinafter referred to as the control group).

     The numerical composition of the control group, as a rule, should not exceed five people, unless otherwise agreed by the authorized bodies of the Parties.

Article 6

     The authorized body of the Party to which military products are supplied has no right to refuse admission to the control group.

     After receiving a request for control, the authorized body of the Party to which military products are supplied agrees on the place, timing and procedures for control with the authorized organization of that Party and through diplomatic channels sends confirmation of the possibility of control to the authorized body of the supplying Party.

Article 7

     The authorized body of the Party to which the military products are supplied is obliged to present the military products specified in the request for control, as well as the necessary documentation confirming their intended use.

Article 8

     A representative of the authorized body and (or) a representative of the authorized organization of the supplying Party have the right to be present at the write-off, destruction (disposal) of military products supplied under contracts concluded under the Contract.

Article 9

      Control is carried out taking into account the provisions of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Mutual Protection of Classified Information dated July 7, 2004 and compliance with the regime requirements provided for by the legislation of the Party to which military products are supplied, unless otherwise established by its international obligations.

     During the control period, the members of the control group are required to comply with the legislation of the Party to which the military products are supplied.

Article 10

      The material and financial obligations to carry out the control, unless the Parties agree otherwise in writing, are assigned to the Parties as follows:  

     the delegation (control group) of the supplying Party pays its own transportation costs for travel to the territory of the Party to which military products are supplied, as well as the costs of accommodation (accommodation) and meals;

     Technical support for control measures and transportation costs within the country, with the exception of aviation transport, are borne by the Party to which military products are supplied.

Article 11

      For the period of control, the Party to which military products are supplied allocates representatives of its authorized body and authorized organization who purchased military products under the Contract, ensures a meeting of the members of the control group, escorting them to the place of control, conditions for their work and accommodation, first aid and transportation services, and the possibility of using the facilities. international (long-distance) communication directly at the control facility, as well as, if possible, in any other place at the request of the head of the control group, the safety of official documents, imported technical controls and the safety of the members of the control group.  

Article 12  

     The results of the control are formalized by a bilateral act.

     The act specifies:

     the personnel of the control group and representatives of the Party to which military products are supplied;

     documents on the basis of which control is carried out (request for control, confirmation of the possibility of control);

     objects of control;

     terms of control;

     control results.

     The act is drawn up in two copies having the same force, signed by members of the control group and representatives of the authorized body and the authorized organization of the Party to which military products are supplied.

     One copy of the act is intended for the supplying Party, the other for the Party to which military products are supplied.

Article 13

     The facts of misuse or absence of supplied military products established and recorded in the act are the basis for the application of the relevant provisions of the contracts, as well as consultations and negotiations by the authorized bodies of the Parties on the development of measures aimed at preventing such violations.

Article 14

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

Article 15

     This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

      This Agreement is valid for the entire period of use by the Parties of military products supplied under the Agreement.  

      Done in Moscow on November 29, 2017, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.  

For the Republic of Kazakhstan

For the Russian Federation

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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