On the ratification of the Agreement on the Basic Principles of Military-Technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992

Home / RLA / On the ratification of the Agreement on the Basic Principles of Military-Technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992

The Law of the Republic of Kazakhstan dated April 2, 2001 No. 174.

To ratify the Agreement on the Basic Principles of Military-Technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992, signed in Moscow on June 20, 2000.

President of the Republic of Kazakhstan

The secretariat of the Collective Security Council

Authentic copy

The Protocol Decision

The Collective Security Council

about the draft Agreement on the Basic Principles

military-technical cooperation between

by the States parties to the Collective Security Treaty

Security Council of May 24, 2000, Minsk

AGREEMENT on the Basic Principles of Military-Technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992

The States Parties to the Collective Security Treaty of May 15, 1992, hereinafter referred to as the Parties,

Guided by the purposes and principles of the Collective Security Treaty of May 15, 1992,

Reaffirming their readiness for practical cooperation in the formation of the collective security system of the States parties to the Collective Security Treaty of May 15, 1992,

Recognizing military-technical cooperation as one of the most important factors in shaping the collective security system,

with the aim of establishing the basic principles of mutual relations between the Parties in the organization of military-technical cooperation for the practical implementation of the provisions of the Collective Security Treaty of May 15, 1992,

have agreed on the following:

Article 1

For the purposes of this Agreement, the following terms mean:

Military-technical cooperation is an activity in the field of international relations related to the export and import, including the supply or purchase, of military products, as well as the development and production of military products.;

Authorized bodies are public administration bodies defined by national legislation, which are responsible for issues of state regulation of military-technical cooperation.;

subjects of military-technical cooperation are government agencies and/or organizations of the Parties that, in accordance with national legislation, are granted the right to carry out foreign trade activities in relation to military products.;

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;

supplies of military products on preferential terms - supplies of military products at prices determined in contracts between the subjects of military-technical cooperation of the Parties, and formed on the basis of prices for military products purchased by the national armed forces, other troops, military formations, law enforcement agencies and special services of the Parties for their own needs.

In the case of supplies of military products from the presence of the armed forces of the Parties, prices are calculated on the basis of their residual value, 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 07.10.2011 No. 481-IV (enters into force in accordance with the procedure provided for in Article 14 of the Agreement).

Article 2

Supplies of military products on preferential terms are carried out by the Parties in the interests of their national armed forces, other troops, military formations, law enforcement agencies and special services for the practical implementation of the Collective Security Treaty of May 15, 1992, unless otherwise stipulated by relevant international treaties.

These supplies are made in accordance with the regulatory legal acts of the Parties under separate contracts (agreements) concluded between their subjects of military-technical cooperation.

Prices for military products are formed in accordance with the national legislation of the Party supplying military products (performing work, providing services), regulating the pricing of military products purchased by the national armed forces, other troops, military formations, law enforcement agencies and special services for their own needs.

If military products were not purchased for their own needs by the national armed forces, other troops, military formations, law enforcement agencies and special services of the Party supplying military products, then prices for them are formed by subjects of military-technical cooperation in accordance with the national legislation of the Party supplying military products regulating the pricing of military products. assignments when making supplies in the interests of the national armed forces and other troops, military formations, law enforcement agencies, and special services. At the same time, such supplies of military products are subject to the same provisions of this Agreement as for supplies of military products on preferential terms.

The authorized bodies of the Party supplying products on preferential terms, if necessary, provide, at the request of the authorized bodies of the Party interested in purchasing military products, written confirmation of the compliance of the terms of the draft contract (agreement) for the supply of military products with the provisions of the Agreement, including the provisions on pricing.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 01.12.2004 No. 1; as amended by the Laws of the Republic of Kazakhstan dated 07.10.2011 No. 481-IV (enters into force in accordance with the procedure provided for in Article 14 of the Agreement); dated 03.07.2019 No. 260-VI (enters into force in accordance with the procedure provided for in Article 14 of the Agreement).

Article 3

When delivering military products on preferential terms in accordance with this Agreement, the subjects of military-technical cooperation use the terms and forms of settlements established in international trade 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 03/15/2012 No. 2-V.

Article 4

Advance payments received to finance the production and supply of military products on preferential terms for the purpose of implementing this Agreement are not subject to value added tax.

Article 5

When transporting military products 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 means of transport, established for similar transportation of military products intended for their own armed forces.

Article 6

The Parties will not sell or transfer military products supplied on preferential terms under the contracts (agreements) specified in Article 2 of this Agreement to foreign states, individuals and legal entities or international organizations without the prior written consent of the Party that supplied military products.

The supplying Party has the right to monitor the intended use of military products supplied under this Agreement. The mechanism of such control is determined by a separate Protocol, which will become an integral part of this Agreement.

The Party that violated the provisions of this Article shall, within three months, pay to the Party that supplied the products in freely convertible currency and (or) in rubles of the Russian Federation the difference between the price of the delivered products and the price prevailing for the supply of similar products to the world market.

The footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated 01.12.2004 No. 1; dated 15.03.2012 No. 2-V.

Article 7

The Parties shall ensure the protection of information obtained during the implementation of this Agreement, which, in accordance with the national legislation of the Parties, constitute a state secret.

Information obtained during cooperation under this Agreement may not be used to the detriment of the interests of either Party.

Article 8

The Parties acknowledge that military products/information obtained under this Agreement, as well as military products/information obtained prior to the entry into force of this Agreement, may be partially or as a whole the subject of intellectual or industrial property and in this sense is the subject of the exclusive or other right of the Party that transferred it..

The Party that received the specified military products/information is responsible in case of its unauthorized use and/or access to intellectual and/or industrial property of legal entities and individuals unauthorized by the Parties without the consent of the transferring Party and will ensure proper measures of its legal and other protection within the framework of the legislation of its state, as well as in accordance with international agreements to which they are parties.

Article 9

In the event of one of the Parties withdrawing from the Collective Security Treaty of May 15, 1992, it will, by agreement of the Parties, compensate the Party that supplied the specified military products within the framework of this Agreement for the difference in freely convertible currency and (or) in rubles of the Russian Federation between the price of military products and the price prevailing upon delivery. similar military products to the world market, minus the discount for each year of their operation, fixed in equivalent amounts in freely convertible currency and (or) in rubles of the Russian Federation in contracts (agreements) for the supply of these products.

The Parties guarantee the payment of compensation provided for in Article 6 of this Agreement and this Article.

The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 03/15/2012 No. 2-V.

Article 10

In the event of a violation by either Party of the provisions of this Agreement that is detrimental to the achievement of its objectives, the other Parties may decide to suspend the Agreement or its individual provisions in respect of this Party and to pay compensation provided for in Article 9 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 relations between itself and the relevant Party in whole or in part.

Article 11

Disputes regarding the interpretation and application of the provisions of this Agreement are resolved through consultations and negotiations between the Parties concerned. If, within 6 (six) months from the beginning of such consultations or negotiations between the Parties concerned, it is not possible to resolve disagreements or satisfy claims, the Parties shall refer the dispute to the Collective Security Council or the Council of Defense Ministers of the States Parties to the Treaty or agree on another way to resolve the dispute that they deem appropriate.

Article 12

Any Party may withdraw from this Agreement by sending a written notification to the Secretariat of the Collective Security Council of its intention 6 months prior to withdrawal. The Agreement shall terminate with respect to this Party upon the expiration of 6 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 Articles 6, 7, 8, and 9 of this Agreement remain in force until the Parties concerned resolve through negotiations all disputed issues arising from the termination of this Agreement.

Article 13

This Agreement shall enter into force on the date of receipt by the Secretariat of the Collective Security Council of four written notifications confirming that the Parties have completed the internal procedures necessary for its entry into force, as it notifies all parties to the Collective Security Treaty of May 15, 1992, and is valid for the duration of the said Treaty.

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 Council.

Article 14

This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized in separate protocols and will be an integral part of the Agreement.

Done in Moscow on June 20, 2000, in one original copy in the Russian language. The original copy of this Agreement is kept at the Secretariat of the Collective Security Council, which will send a certified copy to each State Party to the Collective Security Treaty of May 15, 1992.

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

Reservation

The Belarusian Side to the Agreement

about the basic principles of military technical

cooperation between the participating States

Collective Security Treaty of May 15, 1992

The provision of Article 8 does not apply to products of the Soviet period.

Prime Minister of the Republic of Belarus

Information from the Secretary-General

The Collective Security Council

By mutual agreement of the Belarusian and Russian Sides, reached when the Republic of Belarus signed the Agreement on the Basic Principles of Military-Technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992, bilateral consultations of experts from both Sides will be held regarding the reservation of the Republic of Belarus regarding Article 8 of the Agreement.

President

Republic of Kazakhstan

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