On the ratification of the Agreement on International Cooperation between the Government of the Republic of Kazakhstan and the European Organization for Nuclear Research (CERN) on Scientific and Technical Cooperation
The Law of the Republic of Kazakhstan dated October 9, 2019 No. 264-VI SAM.
To ratify the Agreement on International Cooperation between the Government of the Republic of Kazakhstan and the European Organization for Nuclear Research (CERN) on scientific and technical cooperation, signed in Geneva on June 29, 2018.
President of the Republic of Kazakhstan
K. TOKAEV
Agreement on international cooperation between the Government of the Republic of Kazakhstan and the European Organization for Nuclear Research (CERN) on scientific and technical cooperation
The Government of the Republic of Kazakhstan (hereinafter referred to as the Republic of Kazakhstan), represented by the Minister of Energy of the Republic of Kazakhstan Kanat Bozumbayev, on the one hand,
and the European Organization for Nuclear Research (CERN), an intergovernmental organization based in Geneva, Switzerland, represented by its Director General, Dr. Fabiola Gianotti, on the other hand.,
hereinafter referred to as the "Parties",
taking into account:
that physical research, including personnel training, is essential for the further development of fundamental science and technological progress;
CERN's intention is to strengthen cooperation with States that are not members of CERN, but with which cooperation has been established.;
the interest of the Republic of Kazakhstan in participating in the CERN scientific program;
established contacts between the Republic of Kazakhstan and CERN;
The Parties strive to create a framework for the possibility of participation of scientists, engineers and technicians from the Republic of Kazakhstan in CERN research projects on a long-term basis, as well as to provide other contributions that the Parties may agree on.;
the mutual benefit that the Parties expect to receive as a result of their cooperation;
We have agreed on the following:
Article 1 Purpose
This Cooperation Agreement (hereinafter referred to as the Agreement) establishes the framework within which the Parties develop their further scientific and technical cooperation on the basis of reciprocity.
Article 2 Non-military objectives
The parties use the results of their cooperation only for non-military purposes.
Article 3 Forms of cooperation
In accordance with article 5 of this Agreement, the Republic of Kazakhstan supports such CERN research projects in which scientific research institutes and universities of the Republic of Kazakhstan have some experience, including in the field of experimental and theoretical physics, accelerators, detectors and computer technology. Support can be in the form of human resources, know-how, equipment, materials, financial resources, or any combination thereof.
Article 4 Support of labor resources
1. If support is provided in the form of human resources, CERN considers applications from scientists, engineers, students and technicians from the Republic of Kazakhstan by selecting and appointing an associate member of the staff in accordance with CERN rules. In individual cases, CERN may, at its discretion, make decisions regarding the payment of the cost of their living expenses in the CERN region.
2. Scientists, engineers and students from the Republic of Kazakhstan who meet the required criteria can apply to attend CERN schools.,
including the Accelerator School, the School of Computing, the European School of Physics, and participation in the CERN Summer Student program.
3. CERN reviews all applications according to the applicants' qualifications.
Article 5 Implementation
1. The implementation of this Agreement is carried out through the conclusion of protocols between the Government of the Republic of Kazakhstan and CERN and/ or research institutes and universities from the Republic of Kazakhstan with a detailed description for each research project of cooperation between the parties to the Protocol, indicating the objectives, programs, resources, status of personnel, intellectual property, responsibility and other issues.
2. The Protocols provide that the terms of this Agreement are applied (mutatis mutandis) with modifications arising from the circumstances that have arisen between the parties to the Protocol.
Article 6 Disputes
Any dispute between the Parties regarding the interpretation or application of this Agreement shall be resolved in accordance with the procedure set out in the annex to this Agreement.
Article 7 Entry into force and term of validity
1. This Agreement shall enter into force on the date of its signature by the Parties, provided that it is subject to subsequent approval or ratification, and shall enter into force definitively on the day when the Party concerned sends a written notification of approval or ratification to the other Party through diplomatic channels.
2. This Agreement remains in force for an initial period of five years and thereafter will be automatically updated each time during a new five-year period, unless one of the Parties notifies the other Party in writing through diplomatic channels of termination, or the Parties agree to extend it for another period, at least six months before the date of extension..
3. The provisions of this Agreement, including any amendment thereto agreed upon by the Parties, shall not affect the rights and obligations of the Party arising from any other international agreement to which it is a party.
Signed in Geneva on June 29, 2018, in two copies in Kazakh, English and Russian, with the understanding that in cases of ambiguity or contradiction, the English version prevails.
From the Government of the Republic of Kazakhstan
From the European Organization for Nuclear Research (CERN)
Kanat Bozumbayev Minister of Energy of the Republic of Kazakhstan
Dr. Fabiola Gianotti CEO
application
Any dispute regarding the interpretation or application of this Agreement is resolved through negotiations between the Parties.
Disputes that cannot be settled through negotiations, unless the Parties agree on another method of settlement, are submitted, at the request of one of the Parties, to an arbitration court consisting of three members, namely, an arbitrator chosen by the CEO of CERN, or a person acting on his behalf, and an arbitrator chosen by the Government of the Republic of Kazakhstan, or a person acting on his behalf, and a third arbitrator, chosen jointly by two arbitrators and who is neither an official of CERN nor a citizen of the Republic of Kazakhstan, and who must be the chairman of the tribunal.
The request must include the name of the arbitrator chosen by the applicant; the respondent must appoint a second arbitrator and notify the other Party of the latter's name within two months of receiving the request. If the respondent has not notified the name of the second arbitrator within the specified two-month period or the two arbitrators do not agree on the choice of a third arbitrator within two months after the appointment of the second arbitrator, the second arbitrator or the third arbitrator, as appropriate, may be chosen by the President of the International Court of Justice at the request of the Party who first applies to the court.
The Tribunal sets its own rules of procedure. Its decisions are binding on both Sides and the Parties have no right to appeal.
Note from <url>! The text of the Agreement in English is attached below.
President
Republic of Kazakhstan
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