On the ratification of the Agreement on Cooperation between the Member States of the Collective Security Treaty Organization in the field of transportation of Military and Other Formations, their Movable Property, as well as Military Products
The Law of the Republic of Kazakhstan dated April 9, 2016 No. 493-V SAM.
To ratify the Agreement on Cooperation between the member States of the Collective Security Treaty Organization in the field of transportation of military and Other formations, their movable Property, as well as Military Products, signed in Dushanbe on September 15, 2015.
President
Republic of Kazakhstan
N. NAZARBAYEV
AGREEMENT on cooperation between the member States of the Collective Security Treaty Organization in the field of transportation of military and other formations, their movable property, as well as military products
(Entered into force on February 10, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 1, Article 17)
The Member States of the Collective Security Treaty Organization, hereinafter referred to as the Parties,
Guided by the principles and provisions of the Collective Security Treaty of May 15, 1992 and the documents adopted in its development,
Based on the need to create a legal framework for cooperation between the Parties in the field of transportation of military and other formations, as well as military products based on generally recognized principles and norms of international law,
have agreed on the following:
Article 1
For the purposes of this Agreement, the following terms and definitions are used:
military and other formations - associations, formations, military units and subunits from the national armed forces and other troops of the Parties, formations of special forces from among the special forces of internal affairs (police), internal troops (national Guard), security agencies and special services, as well as authorized bodies in the field of prevention and elimination of consequences of emergency situations of the Parties temporarily sent to the territory of the receiving Party with their movable property;
movable property - weapons and military equipment, military-technical equipment, special equipment and special means, transport and other logistical means belonging to military and other formations or transported in order to maintain their functioning;
military products - weapons, military equipment, documentation, works, services, results of intellectual activity, including exclusive rights to them (intellectual property), and information in the military-technical field, as well as any other products classified by national legislation and regulatory legal acts of the Parties as military products;
transportation is the movement of military and other formations, their movable property, military products, specialists and guards accompanying movable property, as well as military products, through the territory of two or more Parties and (or) through the territory of a state that is not a party to this Agreement, regardless of the modes of transport used for this purpose.;
carrier is a legal entity or individual of the Party that transports military and other formations, their movable property, as well as military products.;
sending (supplying) Party - The Party sending military and other formations, their movable property or supplying military products to the territory of the receiving Party;
The receiving Party is a Party on whose territory military and other formations, their movable property, and (or) receiving military products from the supplying Party, are temporarily stationed to perform assigned tasks.;
transit Party - The Party through whose territory the transit of military and other formations, their movable property, as well as military products of the sending Party is carried out.;
transit is the transportation through the territory of a Party and (or) through the territory of a state that is not a party to this Agreement of military and other formations, their movable property, as well as military products belonging to other CSTO member states, beginning and ending outside the territory of these states.;
The shipper is an organization of the Party that provides movable property and military products to the carrier and is referred to in transport and shipping documents as the shipper.;
The recipient is an organization of the Party to which movable property and military products are being moved, and referred to in transport and shipping documents as the recipient.;
authorized bodies - state bodies and (or) organizations of the Parties responsible for planning and controlling transportation of military and other formations, their movable property, as well as military products;
competent authorities are the state authorities of the Parties authorized, in accordance with national legislation, to monitor the crossing of the state border at checkpoints, to conduct investigative and judicial procedural actions, as well as to carry out quarantine and other measures.;
subjects of military-technical cooperation are state bodies and (or) organizations of the Parties, which, in accordance with national legislation, are granted the right to carry out foreign trade activities in relation to military products.;
The guard is an armed unit of the state bodies of the Parties that performs the task of protecting and defending the property (cargo) entrusted to it.;
specialist - an official appointed by the shipper (consignee) who has special knowledge of the properties of the accompanied military products and is prepared to act in cases of force majeure en route.;
A state border checkpoint (hereinafter referred to as a checkpoint) is a designated area within a railway or automobile station (station), airport (airfield), sea (river) port, open to international traffic (international flights), as well as another specially equipped place where border control and, if necessary, other services are carried out. types of control and passage across the state border of persons, vehicles, goods, goods and animals;
Force majeure circumstances are unforeseen circumstances that are beyond the control of each Party and prevent the Party from fulfilling its obligations. Such circumstances should not be the result of mistakes or carelessness on the part of the Parties and should include military risks, the consequences of earthquakes, volcanic eruptions, lightning, hurricanes, floods, fires, epidemics, quarantine bans, embargoes, sabotage, however, only in cases where these circumstances directly and demonstrably adversely affected the fulfillment by the relevant Party of its obligations.;
military risks - blockade or any other actions committed by a State or a belligerent party or any organization, sabotage, piracy or any real threat of war or war, military actions, military operations, civil war;
An emergency situation is a situation that has developed as a result of an accident, dangerous natural phenomenon, disaster, natural disaster or other disaster that may or may not result in human casualties, damage to human health or the environment, significant material losses and disruption of human living conditions.
Article 2
This Agreement defines the procedure for interaction between the Parties in planning and performing transportation of military and other formations, movable property, as well as military products, their transit through the territories of the Parties and (or) through the territory of a state that is not a party to this Agreement, as well as ensuring the safety of these shipments, including in the case of joint operations or command and staff and military exercises, participation in peacekeeping operations, elimination of consequences of emergency situations, transportation to places of permanent or temporary deployment for the purpose of their functioning and vital activity, in other cases by agreement of the Parties.
Article 3
Transportation and transit are carried out after their preliminary approval and planning by the authorized bodies of the Parties. The Parties shall inform the depositary of the appointment of authorized bodies at the same time as notifying them of the completion of the internal procedures necessary for the entry into force of this Agreement. The Depositary shall send to the Parties a list of authorized bodies of the Parties. In the event of a change in the authorized body, each Party shall notify the depositary through diplomatic channels within 30 days, who shall notify the other Parties accordingly.
Transportation (transit) planning is carried out by the authorized bodies of the Parties on the basis of shippers' requests.
An application for transportation approval is submitted by the authorized bodies of the sending Party to the relevant authorized bodies of the receiving or transit Party no later than 30 days before the start of the relevant transportation in accordance with the procedure established by regulatory legal documents on transportation planning on the appropriate type of transport of the receiving or transit Party.
The period of consideration of the application by the receiving or transit Party may not exceed 15 days from the date of receipt of the application.
The numbers of permits for transportation (transit) are notified to the sending Party no later than 5 days before the start of transportation.
In order to take immediate measures to prevent crisis situations, in accordance with the Regulation on the Collective Security Treaty Organization's Response to Crisis Situations, approved by the Decision of the Collective Security Council of the Collective Security Treaty Organization dated December 10, 2010, as well as during sudden inspections of the forces and means of the CSTO collective security system, the deadline for submitting applications should not be not more than three days after the decision is made by the Collective Security Council. The application by the receiving or transit Party is considered as soon as possible. Transit Parties, in whose airspace military and other formations, their movable property, as well as military products transported for these purposes are transported, provide, as a rule, non-stop transit passage of aircraft.
After the entry into force of this Agreement, the authorized bodies of the Parties shall develop, if necessary, relevant regulatory legal acts, other acts, documents (instructions) and carry out their mutual exchange.
By agreement between the authorized bodies of the Parties, the deadlines for sending and reviewing applications may be shortened.
The application for transportation approval, drawn up in Russian, is accompanied by general information on the number of personnel of military and other formations (guards, specialists), as well as a list of movable property and (or) military products being transported (hereinafter referred to as cargo) for their approval with the competent authorities of the receiving or transit Party.
A personal list of personnel of military and other formations (guards, specialists) is provided by the authorized body of the sending Party to the authorized body of the receiving or transit Party at least 10 days before the departure of the military and other formations from the initial point of transportation.
Applications for planning the transportation of military products supplied by defense industry enterprises (developers, manufacturers) under separate contracts (agreements) concluded between subjects of military-technical cooperation are submitted to the authorized bodies and executive authorities of the Parties responsible for these cargoes.
Article 4
The crossing of the state and customs borders of the Parties during transportation is carried out at checkpoints agreed upon by the receiving and transit Parties, defined by international treaties and national legislation.
The personnel of the transported military and other formations (guards) cross the state borders of the Parties according to the nominal list of personnel and upon presentation of documents established by the national legislation of the sending Party certifying their identity and belonging to military and other formations, guards, unless otherwise provided by international treaties of the Parties.
When crossing the state borders of the Parties, military personnel of military formations must be dressed in the military uniform of the national armed forces. In addition to the registration number, official vehicles and military equipment must be equipped with a clearly visible sign indicating their nationality.
Transit through the territory of either Party is carried out along routes agreed upon by the Parties concerned.
Transportation (transit) is carried out by the Parties as a matter of priority, ensuring confidentiality and taking appropriate measures to prevent unauthorized dissemination of information.
Permanent operational control is established over the performance of transportation by the authorized bodies of the Parties.
Article 5
The provision of facilities and services, as well as immovable property (airfields, ports, transshipment points) necessary to ensure the transportation of military and other formations, as well as military products by the Parties through whose territories the transit passes, is carried out on terms provided to their own carriers.
The provision of facilities and services, as well as real estate (airfields, ports, transshipment and unloading points) to ensure the transportation of military products conducted under the regime of planned military-technical cooperation, by the receiving and transit Parties is carried out on terms that are provided to their own exporters, importers and carriers.
Article 6
The safety of transportation (transit) is ensured in accordance with international treaties to which the Parties are parties and the national legislation of the Parties through whose territory transportation (transit) is carried out.
Article 7
The goods can be accompanied by the specialists of the consignor (consignee) on the entire transportation route (route).
The specialists accompanying the cargo should be prepared to act in case of emergencies and other situations with it and provided by the shipper with the necessary devices, tools, materials and personal protective equipment.
A personal list of specialists accompanying the cargo is provided by the authorized body of the sending Party to the authorized body of the receiving or transit Party at least 10 days before the shipment of the cargo from the initial point of transportation.
The list of devices, tools, materials and personal protective equipment held by specialists accompanying the cargo is preliminarily agreed upon by the authorized bodies of the sending, receiving and transit Parties and submitted to the customs authorities at checkpoints across the state borders of the specified Parties.
The specialists accompanying the cargo cross the state borders according to the list of personnel agreed upon by the authorized bodies of the receiving Party and upon presentation of documents established by the national legislation of the sending Party certifying their identity and entitling them to cross the state borders of the receiving and transit Parties.
Article 8
The list of goods subject to protection and escort is established by agreement of the Parties involved in the transportation of goods, in accordance with the national legislation of the supplying, transit and receiving Parties.
Such cargoes are subject to armed protection along the entire transportation route by guards equipped by the State bodies of the Parties in charge of these cargoes.
Cargo protection is carried out by one guard from the initial to the final point of transportation. In some cases, a different security procedure may be determined by agreement between the authorized bodies of the Parties.
Goods subject to protection and escort may also be accompanied by the relevant services of the receiving and transit Parties along the entire transportation route through the territory of their States.
The material and household provision of the guard is carried out in agreement with the Parties through whose territory the cargo is transported.
Article 9
The sending, transit and receiving Parties shall assist military and other formations, specialists and personnel of the guard in carrying out their tasks, including providing them, if necessary, with communications equipment, personal protection and material, household and other services, as well as the priority dispatch of personnel, weapons and ammunition of the guard to permanent deployment points.
The import of guard weapons into the territory of the receiving or transit Party is carried out with the permission of the competent authorities of the receiving or transit Party, respectively, or in accordance with the conditions provided for in international treaties to which the sending, transit and receiving Parties are parties.
Article 10
The Parties shall allow the use of weapons and physical force by the transported military and other formations, guards, as well as representatives of the accompanying services of the receiving and transit Parties when implementing measures to ensure the safety of the transported cargo and their own safety in accordance with this Agreement, if it is not possible for them to fulfill their duties by other means.
The use of weapons and physical force must be preceded by a clearly expressed and obvious warning to the person against whom they are used about the intention to use them, except in cases where delay in their use will create an immediate danger to human life or may entail other grave consequences.
If it is impossible to avoid the use of weapons and physical force, persons who are part of the transported military and other formations, guards, as well as accompanying services of the receiving or transit Side, are obliged to take all possible measures to ensure the safety of citizens in order to avoid harm to their health, honor, dignity and property.
Persons who are part of the transported military and other formations, guards, as well as accompanying services of the receiving or transit Side, are obliged to report to the appropriate chief (head) on each case of the use of weapons, the use of physical force, and also take measures to provide medical assistance to persons who have suffered bodily injury (harm to health) as a result of the use of weapons. and/or physical force.
The leadership of the transported military and other formations, guards, as well as accompanying services of the receiving and transit Parties is obliged to immediately notify the authorized bodies of the Parties concerned about each case of harm to the health of persons as a result of the use of weapons and (or) physical force.
When performing their duties, persons who are part of the transported military and other formations, guards, as well as accompanying services of the receiving or transit Side, have the right to use physical force, including hand-to-hand combat techniques, to prevent and suppress offenses, detain those who committed them, self-defense, and overcome opposition to their legitimate demands, if nonviolent methods do not ensure the fulfillment of their duties.
Persons who are part of the transported military and other formations, guards, have the right to use weapons in the event of:
repelling a group or single armed attack on escorted goods, persons who are part of the transported military and other formations, guards, as well as specialists;
suppression of attempts to forcibly seize weapons or escorted cargo;
protection of persons who are part of the transported military and other formations, guards, as well as specialists from attacks threatening their lives or health;
suppression of attempts to use weapons against the personnel of military and other formations, guards, specialists and transported cargo;
giving an alarm or calling for help;
neutralization of an animal that directly threatens the life and (or) health of persons who are part of the transported military and other formations, guards, and specialists, as well as civilians.
The use of weapons should not endanger the life and/or health of other citizens.
Persons who are part of the transported military and other formations, guards, as well as accompanying services of the receiving, transit Side, are prohibited from using weapons.:
if there is a significant gathering of people, if unauthorized persons may be affected by this;
in the direction of escorted goods that are flammable, explosive or containing highly toxic substances;
in relation to pregnant women, persons with obvious signs of disability, minors, when their age is obvious or known, except in cases when these persons commit an armed or group attack on persons who are part of the transported military and other formations, guards, and specialists.
Article 11
Border and other types of state control during transportation are carried out by the competent authorities of the Parties as a matter of priority, in accordance with the national legislation of the Parties, unless otherwise provided by international treaties of the Parties.
Customs operations with respect to goods of the sending Party are carried out as a matter of priority on the basis of an extract from the agreed plan of relevant transportation (transit) of the authorized body of the receiving, transit Party without levying all types of duties, taxes and fees.
Transshipment of goods to other vehicles, including with the splitting of shipments, is carried out in places determined in each case by the authorized bodies of the Parties.
The Customs authorities of the Parties mutually recognize the means of identification of goods used by them, as well as the documents necessary for the control of goods and vehicles, and no later than six months after the entry into force of this Agreement, exchange samples of means of identification, as well as documents necessary for the control of goods and vehicles.
Persons who are members of military and other formations, guards, as well as specialists of the Party are granted the right to carry personal belongings and currency valuables, with the exception of goods prohibited for import and export by the national legislation of the receiving or transit Party.
When moving across the state borders of the Parties, personal belongings and currency valuables are exempt from customs duties within the limits of the norms established by the national legislation of the Parties.
Transportation of personal property by persons who are part of the transported military and other formations, guards and specialists under the guise of movable property and military products is prohibited.
The customs authorities and (or) border agencies of the Parties may, in accordance with the procedure and under the conditions established by national legislation, conduct a personal search and baggage inspection of personnel of the transported military and other formations, guards, specialists and detain items prohibited or restricted for import and export. If necessary, the inspection of items (property) included in the list of movable property of a military or other formation, and cargo accompanied by guards of the sending Party, is carried out by the customs authority and (or) the border agency of the receiving Party and in the presence of representatives of the authorized body of this receiving Party.
Article 12
The Parties respect the legal status of persons who are part of the transported military and other formations, guards, as well as specialists, provide them with full civil, socio-economic and personal rights and freedoms in accordance with international law, do not allow actions that make it difficult for them to perform their tasks within their territory, take all necessary measures. agreed with the authorized body of the sending Party to ensure the safety and protection of these persons, as well as their cargo, other logistical means, documentation and official information, personal belongings and currency valuables, including measures to prevent and suppress any illegal actions in relation to them.
Persons who are part of the transported military and other formations, guards, as well as specialists are not subject to visa control when entering the territory of the receiving or transit Party and when leaving its territory. They are also not subject to the legislation of the receiving or transit Party regarding the registration of foreigners and the exercise of control over them.
Persons who are part of the transported military and other formations, guards, as well as specialists, are not considered to have received any rights to permanent residence on the territory of the receiving or transit Party.
Article 13
The receiving and transit Parties refuse to submit any claims to the sending Party regarding compensation for damage caused to individuals or legal entities related to the death, bodily injury and disability of its citizens, third-country nationals and stateless persons on its territory, as well as damage caused to its immovable and other property, natural resources, cultural and historical values, if, as a result of an investigation conducted with the participation of representatives of the sending Party (if interested), it is established, that such damage was caused by the transported military and other formations, guards and specialists during the implementation of measures to ensure the safety of the transported cargo and their own safety.
The provisions of this article shall apply in cases where the actions of the transported military and other formations, specialists and guards to ensure their own safety and the safety of the transported cargo were adequate to the relevant threats.
Article 14
Damage caused by transported military and other formations, as well as guards and specialists, to individuals and legal entities, movable and immovable property of the receiving, transit Party, as well as to third-country nationals and stateless persons on its territory under conditions not specified in Article 13 of this Agreement, shall be compensated in accordance with the national legislation of the receiving, the transit Side.
Compensation for material damage caused to the transported cargo, personal property of persons who are members of military and other formations, guards, and specialists, as well as compensation to the Party in charge of the transported cargo, if this damage is caused as a result of actions or omissions of individuals and legal entities of the receiving, transit Side, citizens of third countries and persons without citizenship on its territory are carried out in the amount established by agreement between the Parties concerned.
Article 15
The personnel of military and other formations, guards, as well as specialists must respect the sovereignty and national legislation of the receiving or transit Side, refrain from any actions incompatible with the objectives of this Agreement, and not interfere in the internal affairs of the receiving or transit Side.
The persons referred to in the first paragraph of this Article shall enjoy the legal protection of the sending, transit and receiving Parties.
When committing an offense by a person who is part of the transported military and other formations, guards, as well as a specialist, they are responsible in accordance with the national legislation of the Party in whose territory the offense was committed, except in cases where:
The offense was committed against the sending Party or a person who is part of the transported military and other formations, guards, as well as a specialist. According to the results of a joint investigation of the Parties, it was established that such an offense was committed in connection with the performance of official duties related to the transported cargo or ensuring their own safety.
Each of the Parties undertakes to carry out, in accordance with its national legislation, the prosecution of persons who are part of its transported military and other formations, guards, as well as specialists suspected (accused) of committing crimes against the other Party.
When making arrests, detentions, and other procedural actions, as well as when providing legal assistance, the Parties are guided by national legislation and the Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters of the Member States of the Commonwealth of Independent States of October 7, 2002. The Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of the Member States of the Commonwealth of Independent States of January 22, 1993 and its Protocol of March 28, 1997 shall apply in relations between the Parties for whom the said Convention has not entered into force.
Article 16
Medical assistance for urgent indications, including qualified and specialized, to the personnel of the transported military and other formations, guards, as well as specialists is provided free of charge by the Party in whose territory the transported military and other formations, guards and specialists are located.
Article 17
In the event of force majeure during transportation (transit), the Party claiming the effects of such circumstances must inform the other Parties in writing within 15 days of their occurrence with detailed confirmation of the force majeure circumstances. A similar procedure should be used when force majeure is terminated.
If force majeure continues for more than 30 consecutive days, the Parties shall consult and agree on appropriate measures aimed at fulfilling their obligations.
If force majeure continues for more than six consecutive months and the Parties are unable to reach an agreement in accordance with the above, each Party has the right to terminate its obligations partially or completely, without any consequences for itself, by informing the other Party in writing at least one month before the date of termination of its obligations.
Article 18
In case of emergency situations, including accidents during transportation, the Parties shall take measures to eliminate their consequences in a timely manner and investigate the causes of emergency situations with immediate provision, if necessary, of information, forces and means to carry out work to eliminate the consequences of the accident to the injured Party in accordance with international treaties in the field of prevention and elimination of emergency situations.
In case of emergency situations involving personnel of transported military and other formations, guards and specialists, search and rescue support is organized by the forces and means of the Parties free of charge.
The investigation of the causes of emergencies on the territory of the transit Party is carried out with the participation of representatives of the sending and receiving Parties.
Article 19
Transit through the territories of States that are not parties to this Agreement shall be carried out in accordance with the procedure provided for by relevant agreements concluded by the receiving or sending Party with such States. The Parties will make efforts to form the necessary regulatory framework for this.
The receiving or sending Party shall inform the transit Party bordering such States about the conditions of transit.
Article 20
Goods transported in transit must:
to remain unchanged, except for changes due to natural wear or loss under normal conditions of transportation and storage;
not to be used for any purpose other than transit;
to be submitted to the competent authority of the receiving or transit Party within the time limits agreed by the Parties based on the capabilities of the vehicle, the planned route and other conditions of transportation, but not exceeding the deadline set by the authorized bodies of the Parties for each type of transport on which such transportation can be carried out. The Parties shall inform each other in a timely manner about the standards of transportation and their changes.
Article 21
The Parties shall take measures to identify, promptly review and eliminate all kinds of barriers that have a negative impact on transportation between the Parties.
Article 22
Disputes and disagreements regarding the interpretation and application of the provisions of this Agreement are resolved through consultations and negotiations between the authorized bodies of the Parties concerned.
Article 23
The obligations of the Parties under this Agreement do not affect the obligations of the Parties under other international treaties to which they are parties.
Article 24
This Agreement shall enter into force on the date of deposit of the fourth written notification to the Depositary on the completion by the signatories of the internal procedures necessary for its entry into force.
For the Parties who have completed the necessary internal procedures later, this Agreement shall enter into force on the date of delivery of the relevant written notification to the depositary.
Article 25
Upon the proposal of any Party, with the consent of the other Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by a separate protocol that enters into force in accordance with the procedure provided for in Article 24 of this Agreement.
Article 26
This Agreement is valid for the duration of the Collective Security Treaty of May 15, 1992.
Done in Dushanbe on September 15, 2015, in one original copy in the Russian language. The original copy is kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each signatory State of this Agreement.
For the Republic of Armenia
For the Kyrgyz Republic
For the Republic of Belarus
For the Russian Federation
For the Republic of Kazakhstan
For the Republic of Tajikistan
The copy is correct:
Head of the Legal Department
The CSTO Secretariat
_____________ K. Golub
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
