On the ratification of the Agreement in the form of an exchange of Notes between the Ministry of Foreign Affairs of the Republic of Kazakhstan and the Embassy of the United States of America in the Republic of Kazakhstan on the extension of the Agreement between the Republic of Kazakhstan and the United States of America on the Destruction of Silo Launchers of Intercontinental Ballistic Missiles, Elimination of Consequences of Emergency Situations and Prevention of Proliferation of Weapons of Mass Destruction dated December 13, 1993
Law of the Republic of Kazakhstan dated June 3, 2002 No. 328
Article 1. To ratify the Agreement in the form of an exchange of notes between the Ministry of Foreign Affairs of the Republic of Kazakhstan and the Embassy of the United States of America in the Republic of Kazakhstan on the extension of the Agreement between the Republic of Kazakhstan and the United States of America on the Destruction of Silo Launchers of Intercontinental Ballistic Missiles, Elimination of Consequences of Emergency Situations and Prevention of Proliferation of Weapons of Mass Destruction dated December 13, 1993, in Almaty on December 1 and 5, 2000.
Article 2. This Law has retroactive effect in relation to legal relations that have arisen since the date of registration of the note of the Ministry of Foreign Affairs of the Republic of Kazakhstan No. 20/1169 dated December 5, 2000.
President of the Republic of Kazakhstan
Agreement between the Republic of Kazakhstan and the United States of America on the destruction of silo launchers of intercontinental ballistic missiles, elimination of Consequences of emergency situations and Prevention of proliferation of weapons of mass destruction
The footnote. Title as amended by the Law of the Republic of Kazakhstan dated 06/02/2009 N 161-IV .
The Republic of Kazakhstan and the United States of America, hereinafter referred to as the Parties, desiring to facilitate the destruction of silo launchers of intercontinental ballistic missiles, hereinafter referred to as silo launchers of ICBMs, and other activities related to the destruction of strategic offensive weapons located in the Republic of Kazakhstan, desiring to facilitate the establishment of verifiable measures against the proliferation of weapons of mass destruction, including nuclear, biological, chemical and radiological, as well as technology, Noting the commitment of the Republic of Kazakhstan to join the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968, we agreed on the following: The footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 06/02/2009 N 161-IV .
Article I The Parties shall cooperate and the United States of America shall assist the Republic of Kazakhstan in achieving various goals related to the destruction and prevention of the proliferation of weapons of mass destruction and related materials, technologies and knowledge, including, but not limited to: a. destruction of ICBM silo launchers; b. establishing verifiable measures against the proliferation of weapons of mass destruction, including nuclear, biological, chemical and radiological, as well as technology, logistical means and knowledge related to such weapons; c. expanding emergency response capabilities in connection with the withdrawal of nuclear weapons from the Republic of Kazakhstan for their destruction; and d. providing other assistance related to preventing the proliferation of weapons of mass destruction and related materials, technologies and knowledge. The footnote. Article I as amended by the Law of the Republic of Kazakhstan dated 06/02/2009 N 161-IV.
Article II Each Party shall appoint an Executive Body to implement this Agreement. For the Republic of Kazakhstan, the Ministry of Defense of the Republic of Kazakhstan is the Executive body. For the United States of America, the Executive Body is the Department of Defense of the United States of America.
Article III 1. In order to achieve the objectives set out in Article I of this Agreement, the Parties will, as necessary, conclude, through their Executive Bodies, agreements on the implementation of this Agreement, hereinafter referred to as implementation agreements. 2. In the event of any discrepancies between this Agreement and the implementation agreements, the provisions of this Agreement shall prevail.
Article IV The terms of this Agreement apply to any type of assistance, including logistical facilities, training, and services provided under this Agreement or implementation agreements, as well as to all personnel, activities, and other mutually agreed assistance programs related to the implementation of all of the above-mentioned agreements.
Article V 1. Each Party shall effectively facilitate the entry into and exit from its territory of military personnel, civil servants and contractors of the other Party who are engaged in carrying out activities in accordance with this Agreement. 2. Aircraft used by the United States Department of Defense in connection with activities in the Republic of Kazakhstan in accordance with this Agreement are exempt from customs inspections, customs duties, boarding fees, navigation fees, port fees, travel fees and any other charges levied by state and local authorities in accordance with the laws and regulations of the Republic of Kazakhstan.. 3. If transportation to the Republic of Kazakhstan is carried out by the United States of America in connection with activities under this Agreement by an aircraft that is not a commercial aircraft operating scheduled flights, its flight plan is drawn up in accordance with the procedures of the International Civil Aviation Organization adopted for civil aircraft, and confirmation is included in the Notes section of this flight plan about obtaining the appropriate permission. The Republic of Kazakhstan provides parking and security for aircraft of the United States of America free of charge to the United States of America.
Article VI 1. Unless the written consent of the United States of America has been obtained in advance, the Republic of Kazakhstan will not transfer any material and technical means, services and specific knowledge obtained as a result of training provided under this Agreement, or ownership of them to any person other than an official, employee or official representative of the Republic of Kazakhstan. The Republic of Kazakhstan does not allow the use of assistance provided by the United States of America under this Agreement for purposes other than the purposes for which such assistance was provided. 2. The Republic of Kazakhstan shall take all reasonable measures in its power to ensure the safety of material and technical means, knowledge gained as a result of training, and services provided in accordance with this Agreement.
Article VII 1. The Parties shall not make any claims to each other for damage to property belonging to each of the Parties, for the death of any military personnel or civilian government employees of either Party or damage to their health caused as a result of any activity in the Republic of Kazakhstan related to this Agreement. 2. The Republic of Kazakhstan is responsible for settling any third-party claims related to the implementation of this Agreement in the Republic of Kazakhstan, except for claims filed by citizens of the United States of America. 3. The provisions of paragraphs 1 and 2 of this Article shall not prevent the Parties from providing compensation in accordance with their national legislation.
Article VIII 1. Military personnel and civilian government employees of the United States of America located in the territory of the Republic of Kazakhstan to carry out activities in accordance with this Agreement are granted privileges and immunities equivalent to those provided to administrative and technical personnel in accordance with the Vienna Convention on Diplomatic Relations of April 18, 1961 B935300_. 2. The obligations of the Republic of Kazakhstan under this Article remain in force for the duration of this Agreement and for the period after its expiration, which is necessary to complete the activities initiated in accordance with this Agreement.
Article IX 1. The United States of America, its military personnel and civilian government employees, contractors and contractor personnel are exempt from paying taxes, duties or similar charges levied by state and local authorities in connection with activities carried out in accordance with this Agreement, in accordance with the laws and regulations of the Republic of Kazakhstan. 2. The United States of America, its military and civilian government employees, contractors and contractor personnel may import into the Republic of Kazakhstan any logistical means necessary for the implementation of this Agreement. Such import of material and technical means is not subject to licensing and other restrictions, tariffs, customs duties, fees, taxes or any other charges levied by state and local authorities in accordance with the laws and regulations of the Republic of Kazakhstan. The Republic of Kazakhstan ensures the availability of simplified and priority customs procedures for the import and export of logistics. 3. The obligations of the Republic of Kazakhstan under this Article shall remain in force for the duration of this Agreement and for the period after its expiration, which is necessary to complete the activities initiated in accordance with this Agreement.
Article X The activities of the United States of America in accordance with this Agreement, in any year of such activities, are subject to the availability of funds allocated in accordance with the laws of the United States of America.
Article XI Military personnel and civilian government employees of the United States of America who are in the Republic of Kazakhstan for the purpose of implementing this Agreement undertake to respect the laws of the Republic of Kazakhstan.
Article XII 1. In the event that the United States of America provides contracts for the purchase of logistical facilities and services, including construction-related ones, for the implementation of this Agreement, such contracts shall be issued in accordance with the laws and regulations of the United States of America. The logistical facilities and services purchased in the Republic of Kazakhstan by the United States of America or on their behalf for the implementation of this Agreement are not subject to any duties, fees, additional taxes or similar charges levied by state and local authorities in accordance with the laws and regulations of the Republic of Kazakhstan. The procedure for such exemption is determined by the Government of the Republic of Kazakhstan. V095809 2. The provisions of paragraph 1 of this Article do not prevent the Republic of Kazakhstan from providing contracts in accordance with the laws and regulations of the Republic of Kazakhstan when using its own funds for the purchase of logistical facilities and services in connection with the implementation of this Agreement. The footnote. Article XII as amended by the Law of the Republic of Kazakhstan dated 06/02/2009 N 161-IV.
Article XIII Upon a written request sent to the Executive Body of the Republic of Kazakhstan thirty days in advance, representatives of the Government of the United States of America have the right, during the term of this Agreement and for three years after its expiration, to verify the use of any logistical facilities, training and services provided in accordance with this Agreement at their locations. and have the right to inspect and audit any and all reports or documentation., related to the use of logistical facilities, training or services provided in accordance with this Agreement.
Article XIV This Agreement shall enter into force on the date of its signature and shall remain in force for 7 years. It is automatically extended for subsequent seven-year periods, unless either Party notifies the other Party in writing of its intention not to extend its validity no later than 6 months before the expiration of the corresponding seven-year period. This Agreement will terminate three months after receiving such notification. This Agreement may be amended by written agreement of the Parties. Regardless of the termination of this Agreement or executive agreements, the obligations of the Republic of Kazakhstan in accordance with articles VI and VII of this Agreement shall remain in force regardless of the time frame, unless the Parties agree otherwise. The footnote. Article XIV as amended by the Law of the Republic of Kazakhstan dated 06/02/2009 N 161-IV .
Done in Almaty on December 13, 1993, in two copies, each in the Kazakh and English languages, both texts being equally authentic. The Republic of Kazakhstan provides the text in Russian, which will also be considered as having the same validity after the exchange of notes between the Parties confirming its compliance with the text in Kazakh and English.
For the Republic of Kazakhstan For the United States of America
N 20/1169 unofficial translation
The Ministry of Foreign Affairs of the Republic of Kazakhstan presents its compliments to the Embassy of the United States of America in Almaty and, in response to the Embassy's note No. 1272/00 dated December 1, 2000, has the honor to inform the following. The Republic of Kazakhstan expresses its consent to extend the validity of the Agreement between the Republic of Kazakhstan and the United States of America on the Destruction of Silo Launchers of Intercontinental Ballistic Missiles, Elimination of Consequences of Emergency Situations and Prevention of Proliferation of Nuclear Weapons, committed on December 13, 1993. in the city of Almaty, (hereinafter referred to as the Agreement) for seven years until December 13, 2007.
The Ministry also agrees to the proposal that this note and the Embassy's note represent an extension of the said Agreement between the Republic of Kazakhstan and the United States of America, valid from the date of registration of this note. The Ministry takes this opportunity to renew to the Embassy the assurances of its high esteem.
Astana, December 5, 2000 Embassy of the United States of America
city of Almaty
N 1272/00
The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Kazakhstan and has the honor to refer to its diplomatic note No. 0755/00 dated July 20, 2000 and proposes that the Treaty between the United States of America and the Republic of Kazakhstan on the Destruction of Silo Launchers of Intercontinental Ballistic Missiles, Elimination of Consequences of Emergency Situations and Prevention of Nuclear Proliferation, signed On December 13, 1993, it was extended for an additional 7 years, until December 13, 2007. If this proposal is acceptable to the Government of the Republic of Kazakhstan, the Embassy further suggests that this note, together with the Ministry's response for the same purpose, constitute an extension of this agreement between the two Governments, which entered into force on the day the note was sent by the Ministry. The Embassy takes this opportunity to renew to the Ministry of Foreign Affairs the assurances of its high esteem.
Embassy of the United States of America, Almaty, December 1, 2000.
N 10-02-01/632
The Ministry of Foreign Affairs of the Republic of Kazakhstan presents its compliments to the Embassy of the United States of America in the Republic of Kazakhstan and, with reference to the Ministry's note No. 20/1169 dated December 5, 2000 and the Embassy's note No. 1272/00 dated December 1, 2000, has the honor to inform the following. The Kazakh side proceeds from the fact that the above-mentioned notes represent an extension of the Agreement between the Republic of Kazakhstan and the United States of America on the destruction of silo launchers of intercontinental ballistic missiles, elimination of consequences of emergency situations and prevention of proliferation of nuclear weapons, committed on December 13, 1993 in the city of Almaty (hereinafter - the Agreement), for seven years until December 13, 2007, valid from the date of registration of the mentioned note of the Ministry. At the same time, the Kazakh side would like to notify the American side that, in accordance with domestic legislation and in order to comply with all necessary procedures for the entry into force of the Agreement in the Republic of Kazakhstan, the Kazakh side needs to conduct appropriate domestic procedures. Embassy of the United States of America, Almaty
Embassy of the United States of America No. 0623/01 The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Kazakhstan and has the honor to refer to the Ministry's Note No. 10-0201/63 dated June 6, 2001 and informs the following: In accordance with Article XIV of the Treaty between the United States of America and the Republic of Kazakhstan "On the Destruction of Silo Launchers of Intercontinental Ballistic Missiles, elimination of Consequences of emergency Situations and prevention of Proliferation of Nuclear Weapons", The Agreement entered into force after signing on December 13, 1993 and was in force for seven years, with a condition for extension. In accordance with Article XIV, this Agreement was extended by the parties until December 13, 2007 through the exchange of diplomatic notes dated December 1 and 5, 2000, which entered into force on December 5, 2000. The contract dated December 13, 1993, extended, remains in force until December 13, 2007. If the Government of Kazakhstan considers that additional measures under national laws are necessary to fulfill its current international obligations under this Treaty, we urge the Government of Kazakhstan to take such measures immediately. At the same time, we emphasize that any such requirements under national laws have no impact on the international obligations of the Government of Kazakhstan under this Treaty, and that failure to comply with these obligations may require suspension or termination of assistance under this Treaty. The Embassy takes this opportunity to renew to the Ministry of Foreign Affairs the assurances of its high esteem.
Embassy of the United States of America, Almaty, July 2, 2001. If the American side agrees to this proposal, this note and the Embassy's response note will be an agreement on the conduct by the Republic of Kazakhstan of the internal procedures necessary for the entry into force of the Agreement in the Republic of Kazakhstan. The Ministry of Foreign Affairs takes this opportunity to renew the assurances of its high consideration to the Embassy of the United States of America in the Republic of Kazakhstan.
Astana, June 6, 2001
President
Republic of Kazakhstan
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