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Home / Decree / On the ratification of the Agreement on International Legal Guarantees for the Unhindered and Independent Operation of the Interstate Broadcasting Company "Mir"

On the ratification of the Agreement on International Legal Guarantees for the Unhindered and Independent Operation of the Interstate Broadcasting Company "Mir"

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the ratification of the Agreement on International Legal Guarantees for the Unhindered and Independent Operation of the Interstate Broadcasting Company "Mir"

Decree of the President of the Republic of Kazakhstan dated September 4, 1995 N 2452

In accordance with Article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I hereby decree:

     1. To ratify the Agreement on International Legal Guarantees for the Unhindered and Independent Operation of the Interstate Television and Radio Company Mir, signed in Ashgabat on December 24, 1993.

     2. This Decree shall enter into force from the date of publication.

     President of the Republic of Kazakhstan      

 

 Agreement on International Legal Guarantees for the Non-obstructive and Independent Operation of the Interstate Television and Radio Company Mir (Ashgabat, December 24, 1993) <*>(unofficial text)

 

temporarily applied from the date of signing, effective on the tenth day after the date of deposit of the sixth document on the implementation of internal procedures necessary for its entry into force for each State that joined the Company in accordance with Article 4 of the Charter of the MTRK Mir, effective from the date of entry into the Company of such State

     

The Agreement entered into force on July 5, 1996.

Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan

 

joined:

Republic of Moldova - February 14, 1995;

 

We have submitted documents on the implementation of domestic procedures:

Republic of Uzbekistan - deposited on April 11, 1995;

Russian Federation - deposited on September 6, 1995 (instrument of ratification deposited on November 27, 1995);

Republic of Kazakhstan - deposited on June 25, 1996;

Republic of Tajikistan - deposited on June 25, 1996;

Azerbaijan Republic - deposited on June 26, 1996;

Kyrgyz Republic - deposited on October 29, 1996;

Republic of Belarus - deposited on February 27, 1997;

 

The instruments of ratification have been handed over:

Republic of Armenia - deposited on February 12, 1996;

The Republic of Moldova was deposited on September 20, 1996.

 

entered into force for the States:

 

Republic of Uzbekistan - July 5, 1996;

Russian Federation - July 5, 1996;

Republic of Armenia - July 5, 1996;

Republic of Tajikistan - July 5, 1996;

Republic of Kazakhstan - July 5, 1996;

Republic of Azerbaijan - July 5, 1996;

Republic of Moldova - September 20, 1996;

Kyrgyz Republic - October 29, 1996;

Republic of Belarus - February 27, 1997;

 

temporarily applied to States:

Georgia - since December 24, 1993.      

 

     The States Parties to this Agreement, hereinafter referred to as the "Participating States", being, in accordance with the Agreement on the Establishment of the Interstate Television and Radio Company (MTRK) dated October 9, 1992 and the Charter of the Interstate Television and Radio Company dated January 22, 1993, the founders of MTRK Mir, reaffirming their commitment to the generally recognized principles of international information exchange, desiring to promote the creation of a common information the spaces of the States concerned,       Striving to create international legal guarantees for the unhindered and independent exercise of the professional activities of MTRK Mir in the territories of the participating States as an interstate organization, realizing that such international legal guarantees are provided not for the benefit of individuals, but to ensure the independent exercise of the functions of MTRK Mir, agreed as follows:

                               Article 1

      For the purposes of this Agreement, the following terms mean:       1. The "Company" is the Interstate Television and Radio Company Mir and its branches in the participating States.       2. "Representatives in the Company" - authorized representatives of the participating States in the Company, as well as members of the delegations of the participating States participating in meetings and conferences held through the Company.       3. "Company Officials" means all persons employed by the Company and indicated in the list, which is transmitted by the Company to the competent authorities of the relevant Participating States.

                               Article 2

      1. The Participating States in their territories shall grant the Company and its officials, as well as representatives of the Company, such privileges and immunities as are necessary to ensure the Company's activities in accordance with its statutory objectives.       2. Representatives in the Company and Company officials respect the laws of the participating States in whose territory they perform their official functions, as well as the traditions and customs of the peoples of these States.

                                Article 3  

      The Company, its property and assets enjoy immunity from administrative and judicial interference and enforcement actions.

                                Article 4  

      The Company's archives and documents, as well as its premises, are inviolable.

                                Article 5  

      The Company's property is not subject to search, requisition, confiscation or administrative seizure.

                                Article 6  

      1. The Company and its property are exempt from direct taxes and fees of any kind, except for payments for utilities and other similar services.       2. The Company is exempt from customs duties and restrictions on the import and export of items intended for use in accordance with the Charter of the MTRK Mir.       3. The Company enjoys no less favorable conditions in terms of priority, tariffs and rates of postal, telegraphic, telex, fax, and telephone communications than those enjoyed by intergovernmental organizations in this Participating State.

                                Article 7  

      1. Representatives in the Company enjoy, in the performance of their official functions, immunity from personal arrest or detention, as well as from administrative and judicial jurisdiction.       2. Official correspondence and documents of representatives in the Company are inviolable.       3. Representatives in the Company are exempt in the territories of the participating States, other than the territory of their State of nationality, from personal duties and taxes in respect of salaries paid to them by the State of nationality.       4. Representatives in the Company are exempt from mandatory residence and registration in the territory of the participating States, except for the State of their nationality. Their applications for visas to visit the territories of the participating States, in the event of the introduction of a visa regime, are considered as a matter of urgency.

                                Article 8  

      Company officials, in the performance of their official functions, are subordinate only to the Company.

                                Article 9  

      Company officials who are not citizens of the Company's host State are exempt from personal duties, as well as from taxes and fees in respect of salaries paid to them by the Company. They are also exempt from customs duties on items intended for personal use, including household items upon initial entry into the Company's host State and from obtaining permission to export these items upon final departure from that State. Their applications for visas to visit the participating States, in the event of the introduction of a visa regime, are considered as a matter of urgency.

                                Article 10  

      1. The Participating States shall provide assistance in providing the Company, representatives in the Company and officials of the Company who are not nationals of the Company's host State with office and residential premises, equipment for office premises, as well as medical care and other social and communal services in accordance with the procedure established for intergovernmental organizations in the Russian Federation. the Company's country of residence.       2. The provisions of paragraph 1 of this article concerning medical care and other social and communal services shall apply to family members of representatives in the Company and Company officials living with them.

                                Article 11  

      The privileges and immunities necessary to ensure the Company's activities in accordance with its statutory objectives are granted and implemented on the basis of documents issued by the competent authorities of the participating State upon the Company's submission.

                                Article 12  

      1. The Participating States and the Company may waive the immunity of their representatives and officials, respectively, if the immunity impedes the administration of justice and such waiver does not prejudice the purposes for which the immunity was granted.       2. As far as the Company is concerned, the right to waive the immunity of Company officials, with the exception of the Chairman of the Company and members of the Board of Directors, belongs to the Chairman of the Company.       The immunity of the Chairman of the Company and members of the Board of Directors may be waived only by the general meeting of representatives in the Company.

                                Article 13  

 

      1. Disputes concerning the interpretation and application of this Agreement shall be resolved through negotiations or in accordance with another procedure that the parties concerned may agree upon.       2. Nothing in this Agreement shall prevent the conclusion between individual States Parties and the Company of protocols specifying the application of this Agreement in the territories of such States Parties.

                                Article 14  

      1. Amendments to this Agreement may be proposed by any State Party.       2. Amendments to this Agreement shall be adopted by the Participating States in the same manner in which they approved this Agreement.

                                Article 15  

      1. This Agreement is temporarily applied from the date of signing.       2. This Agreement shall enter into force on the tenth day after the date of deposit of the sixth document on the completion of the internal procedures necessary for its entry into force.       3. For each State that joined the Company in accordance with Article 4 of the Charter of MTRK Mir, this Agreement shall enter into force from the date of entry into the Company of such State.

                                Article 16  

      Any participating State shall terminate its participation in this Agreement in the event of withdrawal from the Company.

           Done in the city of Ashgabat on December 24, 1993, in one original copy in the Russian language. The original copy is kept in the Archives of the Government of the Republic of Belarus, which will send a certified copy to the signatory States of this Agreement.

 

President    

Republic of Kazakhstan     

 

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