On the ratification of the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on cooperation in the field of Emergency Prevention and Response

The Law of the Republic of Kazakhstan dated December 30, 1999 No. 7-II

         To ratify the Agreements between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on cooperation in the field of emergency prevention and Response, concluded in Cholpon Ata on July 17, 1998.  

    President of the Republic of Kazakhstan    

                               Agreement                                      

between the Republic of Kazakhstan, the Kyrgyz Republic                    

By the Republic of the Republic of Tajikistan and the Republic of                  

Uzbekistan on cooperation in the field of prevention and                                          

emergency response            

The States Parties to this Agreement, hereinafter referred to as  By the Parties,          

Guided by the goals and principles of the Treaty of Eternal Friendship between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan dated January 10, 1997;          

Taking into account the interdependence of the ecological systems of the region and the possibility of emergency situations, the consequences of which cannot be eliminated by the forces and means of one of the Parties, as well as the resulting need for coordinated actions by the Participating States; desiring to extend the developing regional cooperation to provide necessary assistance to the affected Parties in the event of emergencies on the basis of international law;           Recognizing the need for the joint use of emergency rescue forces, logistical, medical, food, financial and information resources for the implementation of measures to prevent and eliminate the consequences of emergency situations; supporting the efforts of the United Nations in the field of international assistance in case of emergencies, as well as striving to contribute to the formation and effectiveness of the legal framework in this area the regions have agreed on the following:                                            

Article 1. Scope of application This Agreement applies to the prevention and elimination of emergency situations that pose a danger to human life and health or entail significant material damage that cannot be eliminated by the forces and means of one of the Parties.           This Agreement sets out the framework for coordinated assistance.  Parties in case of emergencies.                                                  

Article 2. Definitions For the purposes of this Agreement, the following concepts are used:           An emergency situation is a situation in a certain territory that has developed as a result of an accident, a dangerous natural phenomenon, a catastrophe, a natural disaster or other man-made disaster that may or may not result in human casualties, damage to human health or the environment and economic facilities, significant material losses and disruption of people's living conditions.;            emergency prevention is a set of measures carried out in advance and aimed at minimizing the risk of an emergency as much as possible, as well as preserving human health, reducing environmental damage and material losses in the event of its occurrence; assistance is the sending by the providing Party to the requesting Party of relief teams and aid supplies in order to prevent or eliminate emergencies. situations of a different nature;           Requesting Party - A Party that requests the other Party to send assistance teams, aid supplies and related equipment; providing Party - a Party that grants the request of the other Party to send assistance teams, aid supplies and related equipment; competent authority - an authority appointed by each of the Parties to guide and coordination of work related to the implementation of this  Agreements;           relief group - an organized group of specialists from the providing Party, designed to provide assistance and provided with the necessary equipment; emergency response - emergency rescue and other urgent work carried out in an emergency situation and aimed at saving lives and preserving human health, reducing environmental damage and material losses, as well as localization of the emergency zone, termination of the dangerous factors characteristic of it;           emergency zone - the territory in which an emergency situation has developed; emergency rescue operations - actions to save people, material and cultural assets, protect the natural environment in an emergency zone, localize emergency situations and suppress or bring to the lowest possible level the hazards characteristic of it; equipment - materials, technical and transport means, aid group equipment and personal equipment of the group members;           relief supplies are material assets intended for free distribution among the population affected by an emergency situation; transit State is a State Party to this Agreement through whose territory relief teams, equipment, support materials and relief supplies are transported.                    

Article 3. Competent authorities and notification system            The competent authorities of the Parties for the implementation of this Agreement are:           from the Republic of Kazakhstan - the Committee of the Republic of Kazakhstan on Emergency Situations; from the Kyrgyz Republic - the Ministry of Emergency Situations and Civil Defense; from the Republic of Tajikistan - the Committee on Emergency Situations and Civil Defense Affairs under the Government of the Republic of Tajikistan; from the Republic of Uzbekistan - the Ministry of Emergency Situations.           If another competent authority is appointed, the Parties will notify each other in writing through diplomatic channels.           The competent authorities will establish a comprehensive early warning and emergency notification system within the time limits agreed by the Parties. The conditions for the creation and operation of this system will be regulated by a special interdepartmental Protocol.                                          

Article 4. Forms of cooperation            The Parties cooperate in the following forms: organization and monitoring of dangerous man-made and environmental processes, as well as natural phenomena; mutual notification of the state of potentially dangerous objects and the environment, emerging emergencies, their development and possible consequences, measures taken to eliminate them; organization of public training for emergency situations, in particular including first aid services;            coordination of interaction between interested government agencies in emergency response; assessment of the risk to the environment and the public in connection with possible pollution from industrial accidents, disasters and natural disasters; joint planning, development and implementation of research projects, exchange of scientific and technical literature, research results and technologies; exchange of information, methodological and other literature, video and photographic materials;           ensuring interaction between the competent authorities of the Parties; planning and carrying out measures to prevent and eliminate emergencies; providing mutual assistance in emergency situations and taking measures to accommodate the affected population on the territory of the parties to the Agreement; other activities in the field of emergency prevention and elimination, which may be agreed upon by the competent authorities of the Parties.                          

Article 5. Requests for assistance and exchange of information            The Parties shall make requests for assistance in emergency situations.           Assistance is provided based on a request in which the requesting party  The Party provides information on the nature of the emergency situation, indicates the type and amount of assistance needed.           The providing Party shall promptly review the request of the requesting Party and inform it of the possibility, scope and conditions of assistance.                                                

Article 6. Transit            The Government of the transit State will ensure the unhindered passage of aid groups, their equipment and aid shipments from the providing Parties through the territory of its State in accordance with national legislation and international regulations.                                                

Article 7. Types of assistance            Emergency response assistance will be provided by sending relief teams and relief supplies, or in any other requested form.            The conditions, type, scope and duration of assistance in each specific case are agreed upon by the competent authorities of the Parties.           Relief teams are used to carry out emergency rescue operations in the emergency area.           The operational management and coordination of the activities of the assistance teams is carried out by the competent authorities of the requesting Party through the heads of these groups. The requesting Party informs the heads of the assistance teams about the situation in the emergency zone and at specific work sites, and, if necessary, provides these groups with interpreters and means of communication, as well as provides security and free medical care.           The equipment of the relief teams should be sufficient to conduct autonomous operations in the emergency zone for 72 hours. Upon completion of the inventory, the requesting Party provides the specified groups with the necessary funds for their further work.                          

Article 8. Conditions for crossing State borders by aid groups and the regime of their stay in the territory of the requesting Party's State, members of aid groups cross the State border of the requesting Party or the transit State through checkpoints open to international traffic using passports or other identity documents. The team leader must have a list of the members of the assistance team and a document confirming his authority issued by the competent authority of the providing Party.           The procedure for passing dog training groups across the border and the procedure for their stay in the territory of the requesting State are determined in accordance with the quarantine rules in force in the territory of the requesting State.           Members of the assistance teams are required to comply with the laws of that State during their stay in the territory of the requesting State. At the same time, they are under the jurisdiction of the State of the providing Party in the field of labor legislation and related issues. Military personnel who are part of the assistance team are subject to the legislation of the State of the providing Party governing the status of military personnel.            The movement of aid groups, their equipment, supplies and relief supplies are carried out by road, rail, water or air transport.           The procedure for using these modes of transport is determined by the competent authorities of the Parties in coordination with the relevant ministries and departments.                          

Article 9. Import, export and transit of equipment and emergency relief supplies            Equipment and relief supplies imported into the territory of the requesting country  The Parties and those exported from the territory of the providing Party to assist in the elimination of an emergency situation are exempt from customs duties, fees and taxes.           Customs clearance of equipment and aid shipments is carried out in a simplified form and on a priority basis on the basis of notifications issued by the competent authorities of the Parties, which indicate the composition of the assistance teams, the list of imported or exported equipment and aid shipments.           Aid groups are prohibited from transporting any goods other than emergency rescue equipment.           After the completion of the assistance work, the imported equipment must be exported from the territory of the requesting State. If, due to special circumstances, it is not possible to remove the equipment, it may be donated as assistance to the competent authority of the requesting Party on agreed terms. In this case, it is necessary to notify the competent and customs authorities of the requesting Party, indicating the types, quantity and location of the transferred equipment.           If it is necessary to provide emergency medical care to the victims, the necessary amount of medicines containing narcotic substances may be imported into the territory of the requesting State. In this case, the head of the assistance team submits to the customs authorities of the providing and requesting Parties a declaration on the availability of medicines containing narcotic substances, indicating their nomenclature and quantity.           These medicines are not subject to transfer to the requesting party.  They are used exclusively by qualified medical personnel under the supervision of representatives of this Party.           Unused medicines containing narcotic substances are subject to export under the customs control of the requesting Party on the basis of documents confirming the nomenclature and quantity of these drugs. For spent medicines containing narcotic substances, the customs authorities of the requesting Party shall be provided with an act on their use, signed by the head and doctor of the assistance team and certified by a representative of the competent authority of the requesting Party.                                  

Article 10. Use of aircraft            The competent authority of the providing Party shall inform the competent authority of the requesting Party of the decision to use aircraft for assistance, indicating their type and markings, route, number of crew members, type of cargo, place and time of take-off and landing. The requesting Party authorizes a flight to a certain point on the territory of its State.           Flights are operated in accordance with the rules established by the International Civil Aviation Organization and each of the Parties.           The providing Party is exempt from fees for the flight, landing at the airfield and take-off from it of aircraft, as well as from fees for radio navigation services.            The issues of reimbursement of fuel and maintenance costs for the aircraft of the providing Party used in the provision of assistance will be resolved separately on a case-by-case basis.                              

Article 11. Reimbursement of expenses and damages            Assistance in emergency situations, based on the principles of humanity and good-neighborly relations, is usually provided free of charge.           In the event that the requesting and providing Parties have agreed to reimburse part of the costs associated with the provision of assistance, the providing  The Party provides its assistance on preferential terms.           In the event of injury (death) of members of the providing Party's assistance team, the requesting Party shall bear the costs associated with providing emergency medical care and transporting the wounded (body of the deceased) to the territory of the providing Party.           If a member of the assistance team, while performing tasks related to the implementation of this Agreement in the territory of the requesting Party, harms a legal entity or an individual, the requesting Party shall compensate the damage in accordance with the legislation applicable in case of harm by its citizens providing assistance.           Damage caused by a member of the assistance team intentionally or through gross negligence is subject to compensation by the providing Party.                              

Article 12. Dispute resolution Controversial issues related to the interpretation or application of this  Agreements are resolved through consultations or negotiations between the Parties.           The provisions of this Agreement do not affect the obligations assumed  By the Parties in accordance with other international treaties.                              

Article 13. Amendments and additions to the Agreement            With the general consent of the Parties, amendments and additions may be made to this Agreement, which are formalized in a separate Protocol, which is an integral part of the Agreement.                             

Article 14. Entry into force This Agreement shall enter into force from the date of signature, and for States whose legislation requires the implementation of domestic procedures, from the date of delivery of the relevant notification to the depositary.          

This Agreement is open for accession by other States that share its goals and principles, with the consent of all Parties.          

Any Party to this Agreement may withdraw from it by sending a written notification to the depositary. This Agreement shall terminate with respect to this Party upon the expiration of six months from the date of receipt by the depositary of such notification.          

The termination of this Agreement will not affect the activities carried out in accordance with it, which were initiated but not completed before the termination of its validity, unless the Parties agree otherwise.            

This Agreement is concluded for a period of five years and will be automatically extended for subsequent five-year periods, unless the Parties decide otherwise.          

Done in Cholpon-Ata on July 17, 1998, in one original copy in the Russian language.          

The original copy is in the Executive Committee.  The Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan, which sends a certified copy of it to each participating State.

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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