On the ratification of the Agreement on the Continuation of the Activities of the International Scientific and Technical Center

Home / RLA / On the ratification of the Agreement on the Continuation of the Activities of the International Scientific and Technical Center

The Law of the Republic of Kazakhstan dated October 28, 2016 No. 18-VI SAM.

To ratify the Agreement on the Continuation of the activities of the International Scientific and Technical Center, signed in Astana on December 9, 2015.

President of the Republic of Kazakhstan

N. NAZARBAYEV

agreement ON THE CONTINUATION OF THE ACTIVITIES OF THE INTERNATIONAL SCIENTIFIC AND TECHNICAL CENTER

Bulletin of International Treaties of the Republic of Kazakhstan 2018, No. 1, Article 11 entered into force on December 14, 2017

THE PARTIES TO THIS AGREEMENT,

EXPRESSING CONCERN about the international threat posed by the proliferation of nuclear, radiological, chemical and biological weapons (hereinafter referred to as "weapons of mass destruction" or "WMD") and the threat of the use of nuclear, radiological, chemical and biological materials as weapons;

AFFIRMING the need to prevent the proliferation of technologies, materials, and expertise related to WMD and its means of delivery;

BEARING IN MIND United Nations Security Council Resolution 1540, which directs all States to refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery or possess them;

RECOGNIZING that joint multilateral efforts by States are an effective means of preventing such proliferation, and recognizing the important role of scientific research and engineering development as key elements of modern proliferation threats;

HAVING REGARD to the provisions of the Agreement on the Establishment of the International Scientific and Technical Center (hereinafter referred to as the "ISTC" or the "Center"), signed in Moscow on November 27, 1992 (hereinafter referred to as the "1992 Agreement") and the Protocol on the Provisional Application of the Agreement signed in Moscow on December 27, 1993 (hereinafter referred to as the "Protocol on temporary application of the Agreement");

RECOGNIZING the need to minimize incentives to participate in activities that may lead to the proliferation of WMD or related materials by supporting and facilitating ISTC research activities carried out for peaceful purposes by scientists and engineers in countries with technology, expertise and related materials applicable to WMD; and also, the ISTC's efforts to prevent the spread of WMD and promote scientific cooperation between States, undertaken by it in the previous period;

AWARE that the successful operation of the Center will require the firm support of Governments, the European Union and the European Atomic Energy Community (hereinafter referred to as "Euratom"), non-governmental organizations, foundations, academic and scientific institutions, and other intergovernmental and private organizations;

EXPRESSING THE DESIRE to ensure that the work of the ISTC continues, taking into account recent changes in the membership of the ISTC;

EXPRESSING the DESIRE to further adapt the ISTC to the conditions that have changed since its foundation, providing the opportunity to support and stimulate, through the activities of the ISTC, scientists and engineers, including those with knowledge and skills applicable to WMD or its means of delivery (including dual-use knowledge and skills), participating in the work of the Center, with the aim of forming an international scientific partnership, strengthening global security and promoting economic growth through innovation; and

HAVING DECIDED, based on the need for a more effective implementation of the ISTC's goals through scientific cooperation, to continue the ISTC's activities by signing this Agreement, based on the 1992 Agreement, as amended, and with the simultaneous termination of the Protocol on the Interim Implementation of the Agreement,

AGREED ON THE FOLLOWING:

ARTICLE 1

(A) ISTC, originally established by the 1992 Agreement as an intergovernmental organization, continues to operate in accordance with the terms of this Agreement. Each Party shall promote the activities of the Center on its territory. In order to achieve its goals in accordance with the laws and regulations of the Parties, the Center has the legal capacity to conclude contracts, purchase and dispose of movable and immovable property, as well as to initiate lawsuits and retaliatory proceedings.

(B) When used in the text of this Agreement, the following terms have the following definitions:

(i) "Parties" means, after the entry into force of this Agreement, the signatories to this Agreement who have provided notification pursuant to Article 17 (C) of this Agreement, as well as all and any States that have acceded to this Agreement pursuant to Article 13 (B) of this Agreement;

(ii) "staff of the Center" means individuals who are employed or under contract at the Center, or who are assigned to or seconded to the Center by agreement between the Center and one or more of the Parties;

(iii) "family members" means spouses; unmarried/unmarried dependent children under the age of 21; unmarried/unmarried dependent children under the age of 23 who are enrolled in full-time secondary specialized and higher education institutions; as well as unmarried/unmarried children with physical or mental disabilities;

(iv) "activities" of the Centre means projects and other work carried out under the auspices of the Centre in accordance with Article 2 of this Agreement;

(v) "project" of the Center means a joint activity carried out for a predetermined time anywhere in the world, which may involve subsidies and/or equipment and which is subject to approval in accordance with Article 6 of this Agreement;

(vi) The "consensus" of the Board of Governors means the agreement of all Parties to the Board of Governors participating in and voting at the decision-making meeting, subject to the presence of a quorum and except as otherwise provided for in this Agreement. The quorum and acceptable forms of participation of the Parties in meetings are determined by the ISTC Charter in accordance with Article 4 of this Agreement.;

(vii) "Host State" means a Party that has been designated as a Host State in accordance with Article 9 (A) of this Agreement;

(viii) "dual-use technologies, materials and expertise" means technologies, materials and expertise that have both commercial and distribution applications, such as applications related to the development, production, use or improvement of WMD or its means of delivery;

(ix) "dual-use knowledge and skills" means knowledge and skills applicable to the use of dual-use technologies, materials and expertise in the development, manufacture, application or improvement of WMD or its means of delivery; and

(x) "Related materials" means materials, equipment and technologies covered by relevant multilateral treaties and agreements or included in national control lists that can be used for the design, development, production or use of WMD or its means of delivery.

ARTICLE 2

(A) The Center develops, approves, finances and controls activities intended for peaceful purposes, which are carried out in institutions and facilities located on the territory of the Parties. Projects may be carried out in States that are not Parties to this Agreement, possessing technologies, expertise and related materials applicable to WMD, in cases where these States submit a written request for the implementation of such projects to the Board of Governors, and when the Board of Governors unanimously approves the implementation of such projects. Notwithstanding the above, persons who are citizens of non-member States may be allowed to participate in ISTC activities conducted in States that are Parties to this Agreement.

(B) The Center has the following tasks:

(i) assist in improving international mechanisms to prevent the proliferation of WMD and its delivery systems, as well as technologies, materials and expertise that are key elements directly related to the development, production, use or improvement of WMD or its delivery systems (including dual-use technologies, materials and expertise);

(ii) provide scientists and engineers with knowledge and skills relevant to WMD and their means of delivery, including dual-use knowledge and skills, with training and alternative employment opportunities in places where their knowledge and skills can be used for peaceful activities;

(iii) promote a safety culture in the use of materials, equipment and technologies that can be used for the design, development, production or use of WMD or its means of delivery, and a safety culture in their management; and

(iv) to promote, through its activities, the formation of international scientific partnerships, the strengthening of global security and economic growth through innovation; the implementation and commercial realization of fundamental and applied research and technical developments, inter alia, in the fields of the environment, energy, health and nuclear, chemical and biological safety; and the encouragement of further involvement of scientists, with technologies, materials, and expertise applicable to WMD, to the international scientific community.

ARTICLE 3

To achieve its goals, the Center has the following powers::

(i) to develop and support, through the use of funds or other means, the activities carried out in accordance with Article 2 of this Agreement;

(ii) monitor the activities of the Center and conduct its financial audits in accordance with Article 8 of this Agreement:

(iii) establish appropriate forms of cooperation with Governments, the European Union and Euratom, intergovernmental organizations, non-governmental organizations, private organizations, foundations, academic and scientific institutions and related programs, as well as receive financial resources or donations from them;

(iv) establish, as appropriate, offices or information bureaus in interested States that are Parties or in the territory of a non-Party State, if the Board of Governors unanimously approves the establishment of such an office/bureau in the territory of a non-Party State; and

(v) to engage in other activities falling within the scope of this Agreement, as may be by general agreement reached by consensus of the Board of Governors.

ARTICLE 4

(A) The Center establishes a Board of Governors and a secretariat consisting of the Executive Director (who is the senior executive director), the Deputy Executive Director and other members of the Center's staff in accordance with the Center's Charter.

(B) The Board of Governors is responsible for the following:

(i) defining the Center's policies and its own rules of procedure;

(ii) Providing overall leadership and management of the secretariat;

(iii) approval of the Center's operational budget;

(iv) managing the financial and other affairs of the Center, including approving the procedures for preparing the Center's budget, maintaining accounts and verifying them;

(v) the development of common criteria and priorities for the approval of activities;

(vi) approval of projects in accordance with Article 6 of this Agreement;

(vii) the adoption of the Charter and, as appropriate, other provisions for the implementation of this Agreement; and

(viii) performing other functions imposed on him by this Agreement or necessary for the implementation of this Agreement.

(D) Each Party shall have one vote on the Board of Governors and shall appoint no more than two representatives to the Board of Governors.

(E) The Parties may establish a scientific advisory committee, consisting of representatives appointed by the Parties, to provide the Council with expert scientific and other necessary professional advice; to provide recommendations to the Council on areas of research for peaceful purposes that deserve support; and to provide any other recommendations that may be requested by the Council.

(F) Pursuant to this Agreement, the Board of Governors shall adopt a Charter. The Charter defines:

(i) the structure of the secretariat, including the functions and responsibilities of the Executive Director, Deputy Executive Directors and other key personnel;

(ii) the process of selecting, developing, approving, financing, implementing and monitoring activities;

(iii) procedures for preparing the Center's budget, maintaining accounts and verifying them;

(iv) appropriate guidelines on intellectual property rights arising from the Centre's projects and on the dissemination of project results;

(v) procedures governing the participation of Governments, the European Union and Euratom, intergovernmental and non-governmental organizations in the activities of the Center;

(vi) personnel policy; and

(vii) other measures necessary for the implementation of this Agreement.

ARTICLE 5

Intergovernmental and non-governmental organizations or non-Party States may be invited by the Board of Governors to participate in the work of the Board of Governors as observers without the right to vote.

ARTICLE 6

Each of the project proposals submitted for approval by the Board of Governors is accompanied by the written consent of the State or States in which the work will be carried out. The approval of projects requires not only the prior consent of that State or States, but also the consensus of the Parties in the Governing Council.,

ARTICLE 7

(A) Projects approved by the Board of Governors may be funded or supported by the Center or Parties, non-governmental organizations, foundations, academic and scientific institutions, intergovernmental organizations and organizations in the private sector. Such financing and support for approved projects shall be provided on such terms as are determined by those who provide them, provided that any specifically specified terms comply with the provisions of this Agreement.

(B) The representatives of the Parties on the Board of Governors and the staff of the Center's secretariat are not eligible for project grants and cannot benefit directly from any project grant.

ARTICLE 8

(A) The Center has the right within the framework of the States in which the work will be carried out:

(i) carry out on-site verification of the Center's materials, supplies, use of funds and related services and use of funds, after notifying the Center or additionally, as provided in the project agreement; and

(ii) to verify or audit, upon request, any accounting materials or other documentation related to the activities of the Center, its projects and the use of funds, wherever such accounting materials or documentation are located, during the period of financing by the Center and beyond, as defined in the project agreement.

The written consent required by Article 6 of this Agreement includes the consent of both the State or States in which the project will be implemented and the recipient institution to provide the Center with the access necessary to audit and control the project, in accordance with the requirements of this paragraph.

(B) Each Party also has the rights referred to in paragraph (A) of this Article, agreed through the Center in connection with projects that it finances in whole or in part, or that are being implemented on its territory.

(C) If it is determined that the project conditions are not being met, the Center or the funding Government or organization may, by notifying the Board of Governors of the reasons, terminate the project and take appropriate measures in accordance with the terms of the project agreement.

ARTICLE 9

(A) The headquarters of the Center is located in the Republic of Kazakhstan and the Republic of Kazakhstan acts as the Host State until

(i) The Republic of Kazakhstan does not provide the Board of Governors with a written notification of its desire to no longer fulfill the role of the Host State.;

(ii) the other Party referred to in Article 13 (A) of this Agreement or which has acceded to this Agreement in accordance with Article 13 (B) of this Agreement in order to authorize ISTC activities in the territory of such State does not submit a written notification to the Board of Governors requesting to be appointed as the successor of the Host State.;

(iii) The Governing Council does not decide by consensus to grant that Party's request to be designated as the successor to the Host State; and

(iv) The Party requesting to be appointed as the successor of the Host State does not submit a written notification to the Board of Governors confirming that it accepts its appointment as the Host State.

(B) In order to provide financial support to the Center, the Government of the Host State, at its own expense, provides the Center with suitable office space, as well as maintenance, utilities and security of this space. The Government of the Host State and ISTC may conclude an agreement defining the terms and conditions under which the Host State provides the Center with material support and premises.

(C) In the Host State, the Center has the status of a legal entity and as such has the right to conclude contracts, acquire and dispose of movable and immovable property, as well as initiate lawsuits and counter-legal proceedings.

ARTICLE 10

In the Receiving State:

(i)

(a) funds received by ISTC and any bank interest from these funds are not taxable in the Receiving State;

(b) The Center and any of its branches are not taxpayers of their property, which is subject to taxation in accordance with the tax legislation of the Host State.;

(c) Property, materials, and other property provided or used in the activities of the Center may be imported into, exported from, or used in the Host State without any tariffs, taxes, customs duties, import taxes, value added tax (VAT), or other similar taxes or charges. Property, materials, and other immovable or movable property may be transferred or otherwise provided by ISTC to legal entities (among others, scientific organizations of the Host State), and may belong to ISTC and/or persons to whom such goods have been provided or transferred without any tariffs, taxes, customs duties, or import taxes, VAT, property taxes and similar taxes or fees, or used by ISTC and designated persons;

(d) the staff of the Center, who are not nationals of the Host State, is exempt from paying personal income tax in the Host State.;

(e) financial resources received in connection with the Center's projects by legal entities, including scientific organizations of the Host State, are not subject to taxation in the Host State;

(f) financial resources received by individuals within the framework of the Center's projects, in particular, scientists and specialists, are not included in their total income subject to taxes on individuals.;

(ii)

(a) The Center, the Parties, Governments, intergovernmental and non-governmental organizations have the right to transfer, without restrictions, funds necessary for the Center to carry out its activities, other than in the currency of the Host State, to or from the Host State. Everyone has the right to make such transfers only to the extent of the total amount transferred by him to the Receiving State; and

(b) in order to finance the Center and its activities, the Center has the right, on its own behalf, as well as on behalf of the entities referred to in subparagraph (a) of paragraph ii of this article, to sell foreign currency on the domestic foreign exchange market of the Host State.

(c) Employees of organizations of a State that is not the Host State, participating in any activities of the Center and who are not citizens of the Host State or persons permanently residing in it, are exempt from paying any customs duties and charges in respect of personal property or household items imported into the Host State, exported from it or used on its territory by such employees or their family members for personal use.

ARTICLE 11

(A) In the Host State, the ISTC, its assets and property are immune from jurisdiction and enforcement, except in specific cases where the ISTC explicitly waives immunity.

(B) The Center is granted privileges and immunities solely for the purposes specified in this Agreement.

(C) The provisions of this Article do not prevent the receipt of compensation or compensation in accordance with applicable international agreements or national legislation of any State.

(D) Nothing in paragraph (A) of this Article shall be interpreted as an exemption from legal proceedings or claims against nationals of the Receiving State or persons permanently residing in the territory of the Receiving State.

ARTICLE 12

(A) The staff of the Center and their family members located in the Host State are granted the following privileges and immunities by the Government of the Host State:

(i) immunity from arrest, detention and judicial proceedings, including criminal, civil and administrative jurisdiction over what they have said or written and any actions they have taken within their official authority;

(ii) exemption from any income taxes, social security or other taxes, duties or other charges, except those. which are usually included in the price of goods or paid for services provided;

(iii) Immunity from compliance with the provisions relating to social insurance;

(iv) immunity from immigration restrictions and alien registration; and

(v) the right to import their furniture and personal property - upon initial assumption of office - free from any tariffs, taxes, customs duties, import taxes, and other similar taxes and charges of the Receiving State, and to export their furniture and personal property - upon termination of their service - free from any tariffs, taxes, customs duties, export taxes and other similar charges of the Receiving State.

The provisions of subparagraph (i) of this Article shall not apply to a civil claim: (a) arising from a contract concluded by members of the staff of the Center, under which they did not directly or indirectly assume obligations as an agent of the Center; or (b) a third party for damage caused by an accident in the Host State caused by a traffic accident. by a vehicle.

(B) The Government of the Host State shall grant to the representatives of the Parties that are members of the Board of Governors, the Executive Director and the Deputy Executive Directors, in addition to the privileges and immunities listed in paragraph (A) of this Article, any additional privileges, immunities, exemptions and facilities normally granted by the Host State to representatives of Participating States and administrative authorities. to the heads of international organizations in its territory.

(C) Nothing in this Agreement requires the Government of the Host State to grant the privileges and immunities provided for in paragraphs (A) and (B) of this Article to its nationals or permanent residents.

(D) Nothing in this Agreement shall be interpreted as infringing on the privileges, immunities and other benefits granted under other agreements to the persons referred to in paragraphs (A) and (B) of this Article.

ARTICLE 13

(A) The Kyrgyz Republic, the Republic of Armenia, the Republic of Georgia, the Republic of Kazakhstan and the Republic of Tajikistan undertake to comply with the obligations stipulated for the Host State in Articles 9 (C), 10, 11 and 12 of this Agreement.

(B) Any State wishing to accede to this Agreement after its entry into force shall notify the Board of Governors through the Executive Director. The Board of Governors shall provide such State with a certified copy of this Agreement through the Executive Director. After approval by the Board of Governors, such a State has the right to accede to this Agreement. This Agreement shall enter into force for such State on the 30th (thirtieth) day after the date on which the State deposited its instrument of accession with the Depositary. All States with technology, expertise or related materials applicable to WMD that accede to this Agreement in order to allow ISTC activities to be carried out on their territory (as reflected in their accession document), on the basis of accession to this Agreement, are subject to the obligations provided for for the Host State in Articles 9.(C), 10, 11 and 12 of this Agreement.

ARTICLE 14

(A) This Agreement is subject to revision by the Parties two years after its entry into force. This review takes into account the financial obligations and payments of the Parties.

(B) This Agreement may be amended by written agreement of the Parties, with the exception of any Party that has withdrawn from this Agreement or notified its intention to withdraw from this Agreement in accordance with paragraph (C) of this Article. If the Party that provided the notice of withdrawal cancels its refusal to participate prior to its entry into force, it is subject to obligations under any changes made to this Agreement that entered into force after the date on which that Party provided the notice of withdrawal.

(C) Either Party may withdraw from this Agreement no earlier than six months after the written notification is submitted to the Depositary.

ARTICLE 15

(A) Any issues or disputes concerning the application or interpretation of this Agreement are subject to consultation between the Parties.

(B) If the issue cannot be resolved through consultations, all interested Parties may jointly decide to refer it for another form of dispute resolution, such as conciliation, mediation or arbitration.

ARTICLE 16

Nothing in this Agreement is intended to create obstacles to the continued implementation of ISTC activities as an intergovernmental organization, originally provided for in the 1992 Agreement, which includes the activities of existing ISTC regional offices, and does not affect the validity of any existing ISTC contracts, grants, or other legal documents or arrangements, except as specifically provided in this Agreement. The agreement.

ARTICLE 17

(A) This Agreement is open for signature by the European Union and Euratom, acting as one Party, the Republic of Armenia, Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Kingdom of Norway, the Republic of Korea, the United States of America, the Republic of Tajikistan and Japan.

(B) This Agreement is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.

(C) The date of entry into force of this Agreement is the date of receipt by the Depositary of the last instrument of ratification, acceptance or approval from the States listed in paragraph (A) of this Article and the European Union and Euratom acting as one Party.

(D) Upon its entry into force, this Agreement replaces the Protocol on the Provisional Application of the Agreement. At this point, the Parties terminate the temporary application of the 1992 Agreement.

ARTICLE 18

The depositary of the current Agreement is the Secretariat of the Center. All notifications sent to the Depository are sent to the Executive Director of the Center. The depositary performs duties in accordance with Article 77 of the Vienna Convention on the Law of Treaties of May 23, 1969.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

Done in Astana on December 9, 2015, in English, Armenian, Georgian, Kazakh, Korean, Kyrgyz, German, Norwegian, Russian, Tajik, French and Japanese, with texts in all languages being equally authentic. In case of discrepancies between two or more texts in different languages, the English text takes precedence.

RCPI's note! The text of the Agreement is attached in English, Armenian, Georgian, Korean, Kyrgyz, German, Norwegian, Russian, Tajik, French and Japanese.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases