On the ratification of the Agreement on Cooperation in the Field of Emergency Prevention and Response in the Caspian Sea

Home / RLA / On the ratification of the Agreement on Cooperation in the Field of Emergency Prevention and Response in the Caspian Sea

The Law of the Republic of Kazakhstan dated June 23, 2015 No. 325-V SAM.

To ratify Agreement on Cooperation in the field of Emergency Prevention and Response in the Caspian Sea, signed in Astrakhan on September 29, 2014.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on Cooperation in the field of Emergency Prevention and Response in the Caspian Sea

(Entered into force on September 19, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 5, Article 77

The Governments of the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan, hereinafter referred to as the Parties,

Proceeding from the relations of friendship and cooperation between the Caspian Littoral States and their peoples and emphasizing their desire for their further development,

Emphasizing the role of the United Nations and other international organizations in providing emergency prevention and response assistance,

Recognizing the likelihood of natural and man-made emergencies that cannot be eliminated by the forces of the State of one of the Parties and require coordinated actions by the States of the Parties in their prevention and elimination,

Aware of the danger posed by emergencies,

Having regard to the provisions of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea (the Tehran Convention) of November 4, 2003,

Aware of the responsibility to future generations for the preservation of the unique ecosystem of the Caspian Sea,

Striving to develop scientific and technical cooperation in the prevention and elimination of emergency situations,

have agreed on the following:

Article 1 Definitions

The terms used in this Agreement have the following meanings:

"emergency situation" is a situation that has arisen as a result of an accident, disaster, or disaster of a natural or man-made nature that has caused or may cause human casualties, harm to human health, the environment, and industrial and social infrastructure facilities, significant material losses, and violations of the living conditions of the population.;

"Requesting Party" means a Party requesting other Parties to send teams to provide assistance, equipment and supplies.;

"Providing Party" - A Party that satisfies the request of the requesting Party to send teams to provide assistance, equipment and supplies;

"emergency zone" - the area in which an emergency situation has arisen;

"competent authority" is the body appointed by each Party to coordinate actions related to the implementation of this Agreement.;

"liquidation of emergency situations" - emergency rescue and other urgent work carried out in case of emergency situations and aimed at saving lives and preserving human health, protecting the environment, reducing damage and material losses, as well as localizing emergency zones.;

"assistance team" - a group of specialists sent by the providing Party to provide assistance, provided with the necessary equipment;

"equipment" - materials, vehicles and technical means, equipment of the relief group and personal equipment of its members, including medicines and medical devices necessary for the life support of the relief group for the duration of emergency rescue operations.;

"support materials" are tangible assets intended for gratuitous distribution to people affected by an emergency;

"Emergency prevention" is a set of preventive measures aimed at minimizing the risk of emergencies and their impact on human health and the environment.;

"transit State" means the State of any of the Parties, with the exception of the State of the requesting Party, through whose territory the assistance teams, equipment and supplies are in transit.

Article 2 Scope of application

1. This Agreement regulates the interaction of the Parties in the event of natural and man-made emergencies in the Caspian Sea.

2. This Agreement is applied for the purpose of preventing and/or eliminating emergency situations in the Caspian Sea, if they cannot be eliminated by the own efforts of the state of any of the Parties, as a result of which this Party has the right to seek assistance from the other Party or Parties.

This Agreement also applies in the event that the requesting Party believes that an emergency situation that has arisen on the land territory of its State may have a negative impact on the Caspian Sea.

Article 3 Principles

The Parties shall cooperate in the field of emergency prevention and response in accordance with the laws of the States of the Parties and generally accepted international standards, based on the following principles:

1) equality and reciprocity;

2) independence of decision-making at the national level;

3) providing assistance by the Parties in accordance with their capabilities;

4) distribution of support materials among the affected people without discrimination on racial, ethnic, religious, political or other grounds.

Article 4 Forms of cooperation

The cooperation of the Parties under this Agreement provides for:

- creation and improvement of a system of interaction for the prevention and elimination of emergency situations;

- interaction of the Parties in forecasting and monitoring emergency situations;

- informing (notifying) about the risk of an emergency situation that may affect the State of the other Party;

- assistance in emergency situations;

- providing the necessary assistance in equipping the relief teams;

- exchange of experience in organizing emergency preparedness;

- exchange of information, scientific and technical literature, research results and technologies in the field of emergency prevention and response;

- holding joint conferences, workshops, trainings and exercises, specialized exhibitions;

- training of specialists in educational institutions, exchange of interns, teachers, scientists and specialists;

- other activities in the field of emergency prevention and response, as agreed by the Parties.

Article 5 Competent authorities

1. In order to implement this Agreement, the Parties appoint the following competent authorities:

from the Republic of Azerbaijan - Ministry of Emergency Situations of the Republic of Azerbaijan;

from the Islamic Republic of Iran - Ministry of Interior of the Islamic Republic of Iran (National Disaster Management Organization);

from the Republic of Kazakhstan - Ministry of Internal Affairs of the Republic of Kazakhstan, Ministry of Investment and Development of the Republic of Kazakhstan;

from the Russian Federation - Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, Ministry of Transport of the Russian Federation;

from Turkmenistan - the Ministry of Defense of Turkmenistan (Department of Emergency Situations and Rescue Operations of the Main Directorate of Civil Defense and Emergency Situations).

2. In the event of the appointment of another competent authority or a change in its name, the Party shall inform the Depositary, who shall notify the other Parties.

Article 6 Request for assistance

1. Assistance is provided on the basis of a written request from the Party. In exceptional cases, requests may be made verbally, followed by written confirmation. In the request for assistance, the requesting Party provides the following information:

a) the location, time of occurrence, the extent of the emergency and the current state of the emergency zone;

b) the activities carried out at the time of the request, an accurate description of the requested assistance, and setting priorities for emergency response.

2. The Party that received the request shall inform the requesting Party as soon as possible about its capabilities, the amount and conditions of assistance or the impossibility of assistance.

3. The requesting Party shall, whenever possible, update the information specified in paragraph 1 of this Article and immediately transmit it to the providing Party.

Article 7 Coordination and interaction in emergency situations

1. In the territory of the requesting State, the coordination, management and control of the actions of the assistance groups shall be carried out by the competent authority of the requesting State through the heads of these groups.

2. The requesting Party shall provide the heads of the relief teams with operational information on the situation in the emergency zone, a place to organize an operational headquarters and interpreters, as well as ensure the safety and medical care of the relief team, and provide it with communication facilities.

3. The duration of the stay of the assistance teams in the territory of the requesting State shall be determined by agreement of the relevant Parties.

4. Upon completion of the work, the head of the assistance team submits to the competent authority of the requesting State a report on the actions of his group aimed at eliminating the emergency situation and the results of the work.

Article 8 Transit

1. The Party of the transit State shall facilitate the unhindered transit of assistance groups, equipment, and support materials through the territory of its State in accordance with the legislation of its State and the norms of international law, and shall also take the necessary legal and administrative measures to facilitate:

a) arrival, use on the territory of their State and departure from it of all types of vehicles engaged in emergency response;

(b) The rapid movement of relief teams, equipment and emergency response materials to, through and from the territory of their State.

2. The providing Party shall notify the Parties to the transit States of the route of movement of the assistance teams and the routes of delivery of equipment and support materials.

Article 9 Entry, exit and stay of assistance teams in the territory of the requesting State

1. Prior to the arrival of the assistance team in the territory of the requesting Party and/or the transit State, the competent authority of the providing Party shall send to the requesting Party and/or the transit State a list of the group's members indicating these identity documents.

2. The requesting Party and the Party of the transit State, in accordance with the legislation of their States and international obligations, shall ensure, as a matter of priority, the passage of procedures related to the entry and exit of assistance teams of the providing Party.

3. The members of the assistance team enter and leave the territory of the requesting Party's State or the transit State's Party through checkpoints agreed upon by the Parties on valid identity documents recognized as such by the requesting Party's State and the transit State.

4. If necessary, the requesting Party and the Party of the transit State shall ensure that visas are issued to members of the assistance teams as soon as possible.

5. The procedure for moving service dogs as part of assistance teams and staying in the territory of the requesting State and the transit State shall be determined in accordance with the quarantine regulations of the requesting State and the transit State.

6. During their stay in the territories of the requesting State and the transit State, the members of the assistance teams shall comply with the laws of the respective States.

7. The requesting Party shall provide all possible assistance for the speedy delivery of relief teams, equipment and supplies to the emergency zone.

8. Relief teams must be ready to operate autonomously for at least 72 hours from the moment they arrive in the emergency area. After this time, the requesting Party shall provide the assistance team with the necessary resources for its work, unless otherwise agreed by the Parties.

9. The requesting Party ensures the safety of food and basic necessities provided to the relief team.

Article 10 Use of air transport

1. The transportation of relief teams, equipment and supplies can be carried out by air.

2. If a decision is made to use air transport, the competent authority of the State of the providing Party shall inform the requesting Party and the Parties to the transit States of the types and call signs of the aircraft, indicate the flight route, destination airport, number of crew members, passenger lists indicating their official duties and the nature of the cargo.

3. Flights are carried out in accordance with the rules of the International Civil Aviation Organization (ICAO) and the legislation of the States of the Parties.

4. Aircraft of the State of the providing Party participating in the provision of assistance in accordance with this Agreement are exempt from all types of fees for overflight, landing, takeoff, parking for the duration of stay and navigation services of the requesting Party and the Parties of the transit States.

5. Reimbursement of expenses for fuel and maintenance of air transport of the State of the providing Party is carried out by agreement of the relevant Parties.

Article 11 Use of water transport

1. The transportation of relief teams, equipment and supplies can be carried out by water transport.

2. If a decision is made to use water transport, the competent authority of the State of the providing Party shall inform the requesting Party of the types of vessels, the number of crew members, passenger lists indicating their official duties and the nature of the cargo.

3. The water transport of the State of the providing Party participating in the provision of assistance in accordance with this Agreement is exempt from all types of port charges of the State of the requesting Party.

4. Reimbursement of expenses for fuel and maintenance of water transport of the State of the providing Party is carried out by agreement of the relevant Parties.

Article 12 Import, export and transit of equipment and support materials

1. The head of the assistance team shall submit to the customs authorities of the State of the requesting Party and the State of transit a list of equipment and support materials imported for emergency response agreed upon by the competent authorities of the States of the providing and requesting Parties.

2. Equipment and support materials imported and exported in accordance with this Agreement are exempt from customs duties, taxes and fees.

3. Customs clearance of equipment and support materials is carried out as a matter of priority in accordance with the legislation of the States of the Parties.

4. After the completion of the assistance work, the equipment imported into the territory of the requesting Party's State (with the exception of fully consumed or destroyed equipment) is subject to export by the providing Party. The fact of destruction or complete consumption of equipment and distribution of support materials among the affected people must be documented by the competent authority of the requesting State. If it is impossible to export equipment due to special circumstances, the issue of their transfer to the requesting Party is resolved on a case-by-case basis by agreement of the Parties.

Article 13 Information protection

Information obtained as a result of carrying out activities under this Agreement, with the exception of information that is not subject to disclosure in accordance with the laws of the States of the Parties, is publicly available, unless otherwise agreed by the Parties.

Article 14 Assistance costs

1. Assistance may be provided on a gratuitous or compensatory basis by agreement of the Parties.

2. The requesting Party may cancel the request for assistance at any time by immediately notifying the providing Party of the decision. If assistance is provided on a compensatory basis, the providing Party has the right to demand reimbursement of expenses incurred at the time of withdrawal of the request for assistance.

3. Insurance of the members of the assistance group is provided by the providing Party. The costs of obtaining insurance in case of providing assistance on a compensatory basis are not included in the total costs of providing assistance and are not reimbursable.

4. In the case of assistance on a compensatory basis, the competent authority of the State of the providing Party, within one week from the date of completion of the emergency response, provides the competent authority of the requesting State with information on the amount of assistance provided.

5. In the case of assistance on a compensatory basis, the competent authorities of the requesting and providing Parties shall, within one month from the date of completion of the work, prepare a bilateral act on assistance costs containing information on the causes and characteristics of the emergency situation. Reimbursement of expenses shall be made by the requesting Party within the time limits agreed upon by the Parties on the basis of a bilateral act on assistance costs.

Article 15 Compensation for damage in the provision of assistance

1. The damage caused by members of the assistance group to a legal entity or individual in the territory of the requesting Party's State while performing tasks related to the implementation of this Agreement shall be reimbursed by the requesting Party in accordance with the legislation of the requesting Party's State.

2. If damage is caused by members of the assistance group to individuals or legal entities on the territory of the requesting Party's State intentionally or through gross negligence, and this is proven by the relevant authorities of the requesting Party's State, the competent authorities of the requesting and providing Parties shall exchange relevant information and take measures to compensate for the damage as agreed by the relevant Parties.

Article 16 Relationship with other international treaties

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the States of the Parties are parties.

Article 17 Relation to the legal status of the Caspian Sea

No provisions of this Agreement are interpreted as prejudging the outcome of negotiations on the legal status of the Caspian Sea.

Article 18 Dispute settlement

Disputes between the Parties regarding the application or interpretation of this Agreement shall be resolved through consultations, negotiations or other peaceful means at the discretion of the Parties.

Article 19 Amendments and additions

1. The provisions of this Agreement may be amended or supplemented by agreement of the Parties.

2. Amendments and additions to this Agreement are an integral part of it and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 21 of this Agreement.

Article 20 The Depositary

The Government of the Russian Federation is the depositary of this Agreement.

Article 21 Entry into force

This Agreement shall enter into force on the thirtieth day after the date of receipt by the Depositary of the last written notification on the completion of the internal procedures necessary for its entry into force.

Article 22 Withdrawal from the Agreement

Each of the Parties may withdraw from this Agreement by notifying the Depositary. For this Party, this Agreement will be valid until the expiration of twelve months from the date of receipt by the Depositary of such notification.

Done in Astrakhan on September 29, 2014, in one original copy in Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English, all texts being equally authentic.

In case of disagreement, the Parties refer to the English text.

The original copy shall be deposited with the Depositary, who shall send certified copies of this Agreement to the Parties.

For the Government of the Republic of Azerbaijan

For the Government of the Islamic Republic of Iran

For the Government of the Republic of Kazakhstan

For the Government of the Russian Federation

For the Government of Turkmenistan

RCPI's note! The text of the Agreement is attached in Azerbaijani, Turkmen, Farsi and English.

President

Republic of Kazakhstan

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