On the ratification of the Agreement on Preferential Terms for the Supply of Special Equipment and Special equipment for equipping law enforcement agencies and Special services of the Member States of the Collective Security Treaty Organization
The Law of the Republic of Kazakhstan dated June 16, 2011 No. 441-IV
To ratify the Agreement on Preferential Terms for the Supply of Special Equipment and special equipment for Equipping law enforcement agencies and special services of the Member States of the Collective Security Treaty Organization, signed in Dushanbe on October 6, 2007.
President of the Republic of Kazakhstan N. Nazarbayev
AGREEMENT on preferential terms for the supply of special equipment and special equipment for equipping law enforcement agencies and special services of the Member States Collective Security Treaty Organization
The member States of the Collective Security Treaty Organization, hereinafter referred to as the Parties, reaffirming their commitment to the goals and principles of the Collective Security Treaty of May 15, 1992 and the international treaties and documents adopted within its framework, striving to build allied relations in the field of countering transnational challenges and threats to security., Guided by the intention to create preferential conditions for these purposes for the comprehensive equipping of special equipment and special means of law enforcement agencies and special services of the Parties, agreed on the following:
Article 1
For the purposes of this Agreement, the following terms mean: law enforcement agencies - a set of government agencies whose main (special) function is to protect law and order, the rights and freedoms of citizens, combat crime, other offenses, ensure the protection of public order and state security; special services - government agencies that, in accordance with the national legislation of the Parties, are intended to carry out intelligence and counterintelligence activities; perform functions aimed at ensuring the national security of the State; solve tasks related to the prevention and elimination of emergency situations; special equipment - means of communication, information protection, technical means of information and telecommunication systems, means of radio control, specialized geographically distributed automated systems, typical local computer networks, life support equipment, personal protective equipment, including body armor, operational, forensic and search equipment, engineering equipment, security, surveillance and control systems, operational and service transport, technical means of ensuring road safety, means of, intended for emergency rescue operations, as well as other technical means and their components adopted for the supply of law enforcement agencies and special services of the Parties and not classified by the legislation of the Parties as military products.; special tools - various kinds of products specially designed and intended for use by law enforcement agencies in order to have a non-lethal reversible effect on an object when repelling an attack, suppressing the commission of a crime, resisting, searching, detaining, delivering detainees, preventing escape from custody, freeing hostages, seized buildings, premises, structures, vehicles and sites, suppression of mass riots, stopping of vehicles, adopted by law enforcement agencies and special services of the Parties and not classified by the legislation of the Parties as military products; supplies on preferential terms - supplies of special equipment and special equipment at prices formed in the state on the basis of prices for special equipment and special equipment purchased by law enforcement agencies and special services for their own needs. In the case of supplies of special equipment and special equipment from the presence of law enforcement agencies and special services of the Parties, prices are calculated on the basis of the residual value of special equipment and special equipment, taking into account the costs of their storage, maintenance, transportation and other costs associated with the delivery. The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated November 30, 2015 No. 428-V.
Article 2
Supplies of special equipment and special facilities on preferential terms are carried out in the interests of equipping law enforcement agencies and special services of the Parties in accordance with the regulatory legal acts of the Parties on the basis of agreements (contracts) concluded between their government agencies and /or legal entities, which, in accordance with the national legislation of the Parties, are granted the right to carry out foreign trade activities in respect of special equipment and special means.
Article 3
When delivering special equipment and special facilities on preferential terms in accordance with this Agreement, government agencies and/or organizations of the Parties, which, in accordance with the national legislation of the Parties, have been granted the right to carry out foreign trade activities in respect of special equipment and special facilities, use the terms and forms of settlements established in international practice in freely convertible currency and (or) in rubles of the Russian Federation. The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 11.02.2014 No. 171-V.
Article 4
Payments for the supplied special equipment and special facilities are carried out taking into account the advance payment (advance payment) required for the manufacture of the above products. In order to ensure a preferential procedure for setting export prices, agreements (contracts) do not include a condition for providing a bank guarantee for the repayment of advance payments.
Article 5
When transporting special equipment and special equipment supplied on preferential terms for the purpose of implementing this Agreement, the Parties shall apply the conditions of transportation and/or transit, including tariffs for their transportation and/or transit by any type of transport, established for similar transportation of special equipment and special equipment and provided for their own law enforcement agencies and special services. The Party through whose territory the transit of special equipment and special equipment supplied on preferential terms in accordance with this Agreement is carried out, as a matter of priority, grants the right to transit special equipment and special equipment supplied in accordance with this Agreement, based on a request from the supplying Party or the receiving Party. In this case, if the permissible weight and overall parameters of the vehicle are exceeded, established in the territory of the state of one of the Parties, transportation is carried out in accordance with the requirements of the legislation of the Party through whose territory the transportation route runs.
Article 6
The Parties shall not sell or transfer special equipment and special equipment supplied under this Agreement on preferential terms from law enforcement agencies and special services to foreign states, individuals and legal entities or international organizations without the prior written consent of the supplying Party. The Party that violated the provisions of this Article, or upon withdrawal from the Collective Security Treaty Organization, shall, within a three-month period, pay to the Party that supplied special equipment and special facilities the difference in freely convertible currency and (or) in rubles of the Russian Federation between the price of the supplied special equipment and special facilities and the price prevailing for the supply of similar products on the world market. the market, minus the discount for each year of its operation (hereinafter referred to as compensation). The discount calculation for each year of operation of special equipment and special facilities is carried out by the manufacturer in agreement with the state customer (in terms of products purchased by him), based on the total service life of the supplied special equipment and special facilities. This obligation is fixed in equivalent amounts in freely convertible currency and (or) in rubles of the Russian Federation in contracts (contracts) for each supply of special equipment and special means, as well as in the forms of financial obligations agreed between the Parties and signed by the authorized state body of the receiving Party. The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 11.02.2014 No. 171-V.
Article 7
The supplying party has the right to monitor the intended use of special equipment and special facilities supplied under this Agreement. The mechanism provided for in the Protocol on the Procedure for Monitoring the Intended Use of Military Products Supplied under the Agreement on the Basic Principles of Military-Technical Cooperation between the States Parties to the Collective Security Treaty of May 15, 1992, signed on October 7, 2002, is used as a mechanism for monitoring the supply of special equipment and special means.
Article 8
The protection of information constituting a state secret obtained during the implementation of this Agreement is carried out in accordance with the legislation of the Parties and the Agreement on Mutual Security of Classified Information within the framework of the Collective Security Treaty Organization dated June 18, 2004. Information obtained during cooperation under this Agreement, including contract prices, is confidential or secret in nature, and under no circumstances is transferred to States that are not Parties to this Agreement, their individuals and legal entities, without the consent of the Parties concerned, and is not used to the detriment of the interests of any of the Parties.
Article 9
The Parties acknowledge that special equipment and special facilities obtained under this Agreement may be both partially and as a whole the subject of intellectual property and in this sense are the subject of the exclusive or other right of the Party that transferred it. The Party that has received the specified special equipment and special means is responsible in case of their unauthorized use and/or access to intellectual property of legal entities and individuals unauthorized by the Parties without the consent of the transferring Party and ensures due measures of its legal and other protection within the framework of the legislation of its state, as well as in accordance with international treaties to which the parties they are.
Article 10
In the event of a violation by either Party of the provisions of this Agreement that is detrimental to its objectives, the other Parties have the right to decide to suspend the Agreement or its individual provisions in respect of the violated Party and to pay compensation provided for in Article 6 of this Agreement. In the event of non-compliance by any Party with the obligations arising from the provisions of this Agreement, the Party believing that its interests have been harmed as a result may declare the suspension or termination of this Agreement, in whole or in part, in relations with the relevant Party.
Article 11
Disputes regarding the interpretation and application of the provisions of this Agreement are resolved through consultations and negotiations between the Parties concerned.
Article 12
Any Party may withdraw from this Agreement by sending a written notification to the Secretariat of the Collective Security Treaty Organization of its intention no later than 6 months prior to withdrawal. The Agreement shall terminate with respect to this Party upon the expiration of 6 (six) months from the date of receipt of such notification. All disputes arising in connection with the termination of this Agreement will be settled by the Parties through negotiations. At the same time, the provisions of Article 6 of this Agreement remain in force until the Parties concerned resolve through negotiations all disputed issues arising from the termination of this Agreement for the Party that has withdrawn from it.
Article 13
Each Party determines the authorized state body for the implementation of the provisions of this Agreement, which notifies the Secretariat of the Collective Security Treaty Organization.
Article 14
This Agreement shall enter into force on the date of receipt by the Secretariat of the Collective Security Treaty Organization of the fourth written notification that the Parties have completed the internal procedures necessary for its entry into force, which it notifies all Parties, and is valid for the duration of the Collective Security Treaty of May 15, 1992, unless the Parties agree otherwise. For the Parties that 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 Secretariat of the Collective Security Treaty Organization.
Article 15
This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized in separate protocols and are its integral parts. Such protocols shall enter into force in accordance with the procedure provided for in Article 14 of this Agreement.
Done in Dushanbe on October 6, 2007, in one original copy in the Russian language. The original copy of this Agreement shall be kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each signatory State.
For the Republic of Armenia For the Russian Federation
For the Republic of Belarus For the Republic of Tajikistan
For the Republic of Kazakhstan For the Republic of Uzbekistan
For the Kyrgyz Republic
I hereby certify that this text is a certified copy of a certified copy of the Agreement on Preferential Terms for the Supply of Special Equipment and Special Equipment for Equipping Law Enforcement Agencies and Special Services of the Member States of the Collective Security Treaty Organization, signed on October 6, 2007 in Dushanbe.
Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev
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
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