On the Ratification of the Agreement on the Establishment of a Unified System of Technical Cover for Railways of the Member States of the Collective Security Treaty Organization and the Protocol on Amendments to the Agreement on the Establishment of a Unified System of Technical Cover for Railways of the Member States of the Collective Security Treaty Organization dated April 28, 2003
Law of the Republic of Kazakhstan dated April 22, 2008 No. 27-IV
To ratify the Agreement on the Establishment of a Unified system of Technical Cover for Railways of the Member States of the Collective Security Treaty Organization, signed in Dushanbe on April 28, 2003, and the Protocol on Amendments to the Agreement on the Establishment of a Unified System of Technical Cover for Railways of the Member States of the Collective Security Treaty Organization dated April 28, 2003, signed in Minsk June 23, 2006.
President of the Republic of Kazakhstan N. Nazarbayev
AGREEMENT on the creation of a unified system of technical cover for railways of the member States of the Collective Security Treaty Organization
The States Parties to this Agreement, hereinafter referred to as the Parties, guided by the provisions of The Charter of the Collective Security Treaty Organization (hereinafter - The Organization), the Collective Security Treaty of May 15, 1992, and other documents adopted in its development, based on the need to take further practical measures to ensure comprehensive training of the Parties' railways for sustainable and uninterrupted operation and transportation of goods for the needs of the economy, to ensure military and humanitarian transportation, to reduce the effectiveness of the impact of the alleged enemy on railways and railway transport facilities, to restore the interrupted train traffic in peacetime and wartime as soon as possible, have agreed on the following:
Article 1
The Parties shall create a unified system of technical cover for the main (priority) railway routes on the railway network of the Organization's member States and confirm their intention to accelerate the process of convergence of the national legislations of the Parties in order to create conditions of equal responsibility and equal opportunities for the Parties in building a unified system of technical cover and restoration of railways.
Article 2
For the purposes of this Agreement, the terms used mean:
"technical cover of the railways of the Parties" is a complex of engineering, technical and organizational measures carried out in peacetime and wartime for the comprehensive preparation of facilities, structures and devices of the operated railway network, rehabilitation and operational forces and means (military units of the railway troops, ministries of defense, special formations and rehabilitation organizations of the bodies of the Parties in charge of issues railway transport) to carry out work to eliminate the consequences of the enemy's impact on the railway network of the Parties;
The "Unified Plan for technical cover of the main (priority) railway routes on the railway network of the Organization's member States" is a document that defines the covered railway network of the Parties, the composition of forces and means involved in the tasks of organizing technical cover and restoration of railways.;
"Restoration of railways" is a complex of interrelated activities and works carried out on destroyed railway facilities and structures to restore interrupted train traffic;
"special formations" are non-militarized reconstruction organizations formed in the system of transport ministries and departments according to firmly established staff, coordinated with the Ministry of Defense, and designed to restore, maintain, provide technical cover and build railways in special conditions.;
"authorized bodies" are public administration bodies defined by the national legislations of the Parties, which are responsible for issues of state regulation of the technical cover of railways.;
"personnel of military units of the railway troops" - military personnel serving in military units, organizations and institutions of the railway troops, as well as civilian personnel working in military units, organizations and institutions of the railway troops;
"special forces personnel" - civilian personnel working in special forces that are involved in the technical cover and restoration of the railways of the Parties, and assigned to these special forces;
"command of the union of railway troops" - the command of the railway troops intended to organize the implementation of measures for the technical cover and restoration of railways in the territories of the Parties and temporarily deployed to the territories of other States parties to the Agreement.;
"sending Party" is a State that sends military units of railway troops and/or special forces to the territory of another (other) The Parties(s);
"receiving Party" - a State in whose territory military units of railway troops and/or special formations of another (other) are temporarily stationed to perform assigned tasks Of the Party(s) or through whose territory the transit of military units of the railway troops and/or special formations of the other (others) is carried out The Parties(s);
"movable property of military units of railway troops and special formations" - movable property owned by the sending Party: regular (service) military-technical property, all types of weapons and ammunition, equipment, transport, special and other logistical means necessary for the functioning of military units of railway troops and/or special formations;
"immovable property (real estate objects)" - land plots and barracks located on them, residential premises, communal facilities, railway access roads, landfills, stationary control points, communication centers, stationary radio and navigation equipment, buildings and structures of arsenals, storage bases, warehouses and other immovable infrastructure facilities that are owned the receiving Party and, with its consent, temporarily used military units of the railway troops and/or special formations of other Parties;
"main (priority) railway lines" - railway lines designed to resolve issues of transportation support for the Parties as soon as possible, which primarily carry out a set of measures for technical cover and restoration in case of their destruction.;
"construction and restoration materials" - materials and structures intended for the construction and restoration of railway lines;
"substantiating materials" - auxiliary materials for making an informed decision on the restoration of an object in the event of its destruction as soon as possible, which serve to assess the likely nature and extent of destruction of railway structures and devices, develop possible options for restoring traffic as soon as possible, determine the estimated volumes of restoration work and the need for forces and means, prepare initial data for calculating accumulation rates in railway mobilization reserve of materials, structures, equipment, inventory, machinery, mechanisms and equipment for the restoration and rational placement of them on the road network.
Article 3
The Parties entrust the Ministry of Defense of the Russian Federation with coordinating the planning and implementation of measures for the technical cover and restoration of railways, the implementation of this Agreement and the implementation of decisions of the Organization's Collective Security Council (hereinafter referred to as the Council) on the use of railway troops and special forces of the Parties. The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 04/09/2016 No. 497-V.
Article 4
The Council of Defense Ministers and the Committee of Secretaries of the Organization's Security Councils are forming an Interstate working Group to implement measures to create a unified system of technical cover for railways of the CSTO member states, approve its regulations and its composition. The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 04/09/2016 No. 497-V.
Article 5
The composition of the forces and means involved in the tasks of organizing technical cover and restoration of the main (priority) railway lines of the Parties is determined by the Unified Plan for Technical Cover of the main (priority) railway lines on the railway network of the Organization's Member States, which is approved by the Council.
Article 6
The main (priority) railway routes are determined by the Council of Ministers of Defense of the Organization on the basis of proposals from the Chiefs of the General (Main) staffs of the armed forces of the Parties and approved by the Council.
Article 7
The bodies of the Parties responsible for railway transport issues ensure the development and accumulation of technical, design documentation, supporting materials and materials for the construction and restoration of facilities on the main (priority) railway routes, both in peacetime and wartime, in accordance with a Unified Plan for the technical cover of the main (priority) railway routes on the railway network. Member States of the Organization.
Article 8
The decision to use military units of the railway troops and special formations of the Parties to carry out technical cover measures and restore the main (priority) railway routes is made by the Council at the request of one of the Parties or several Parties.
Article 9
Each of the Parties undertakes to organize measures for the gratuitous and controlled reception, admission, placement, and movement of military units of the railway troops and special formations of the sending Party and to provide them with the required land plots, buildings (structures) and infrastructure facilities. These events should be conducted in accordance with the requirements of the legislation of the host Country, which determines the placement and quartering of similar military units of the railway troops and special formations of the host Country, unless otherwise established by a decision of the Council. The receiving Party provides electricity and water to the military units of the railway troops and special formations of the sending Party free of charge, and provides them with public utilities in the amount necessary to fulfill their assigned tasks. In special cases, if necessary, additional issues of organizing the daily activities of military units of railway troops and special formations may be determined by separate protocols between the Parties.
Article 10
Each of the Parties respects the legal status of persons who are members of military units of railway troops and special formations, does not allow actions that make it difficult for them to perform their tasks within their territory, takes all necessary measures agreed with the command of the railway troops and the leadership of special formations to ensure the safety and protection of their members, as well as weapons, military, special equipment and logistical facilities, documentation and official information, including measures to prevent and suppress any illegal actions against them.
Article 11
The personnel of the military units of the railway troops and special formations of the Parties must respect the sovereignty and legislation of the host Country. The Sending Party is obliged to take the necessary measures in this regard. Military personnel of the railway troops temporarily stationed on the territory of the Parties wear military uniforms of the established state standard and insignia of their armed forces. If necessary, by decision of the command of the railway troops formation, common insignia may be established for military personnel of the railway troops. Military personnel of the railway troops have the right to carry weapons in accordance with the orders of the command of the railway troops. Employees of special formations temporarily stationed on the territory of the States Parties to this Agreement wear uniforms, if such are defined, of employees of their forming bodies and have appropriate insignia.
Article 12
At checkpoints across the state border, commanders and superiors present a personal list of persons certified by the competent authorities of the sending Party, as well as a list of weapons, military equipment, special equipment and logistical means indicating the purpose of arrival on the territory of the receiving Party. When crossing the state borders of the Parties, military personnel of the railway troops must be dressed in the military uniform of their armed forces, and special forces personnel in the uniform of the bodies forming them, if such is defined. In addition to the registration number, official vehicles, military and special equipment must be equipped with clearly visible signs indicating their nationality. Persons who are members of military units of the railway troops and special formations cross the state border of the receiving Party upon presentation of documents certifying their identity, belonging to the railway troops of the Parties or special formations of the Parties, and in accordance with a personal list certified by the competent authorities of the sending Party. Persons crossing the state borders of the Parties, who are part of military units of the railway troops and special formations of the Parties, are granted the right to carry personal belongings and currency valuables, with the exception of goods prohibited for export and import by the national laws of the Parties, in accordance with the rules of the Parties on the movement of goods by individuals not intended for industrial and other commercial activities, without collection of customs duties.
Article 13
The military units of the railway troops and special formations of the Parties, in order to fulfill their tasks, import weapons, military, special equipment, logistical means and construction and restoration materials duty-free. The receiving Party shall take all necessary measures on its territory to deliver military equipment, ammunition, spare parts, fuel, lubricants used for official transport, military equipment, construction and restoration materials used to carry out restoration work, as well as other (agreed) logistical means. The receiving Party does not impose taxes on services rendered to the command of the railway troops and the leadership of special formations, including those listed in Article 9 of this Agreement. Official documents (correspondence) provided with means of identification are not subject to customs inspection. The courier moving these documents must have a delivery order confirming his authority and containing information about the number of documents and the type of collateral applied. The order is certified by authorized persons, information about which is submitted to the border and customs authorities of the Parties. The import and export of weapons, military equipment and logistical assets transported for the purposes of implementing this Agreement shall be carried out on a priority basis without the application of non-tariff regulatory measures and the collection of all types of duties, taxes and fees based on lists agreed upon by the authorized bodies of the sending and receiving Parties. The Parties shall provide military units of the railway troops and special formations of the Parties with special (extraordinary) conditions for crossing state borders. Upon exemption from customs duties, the Parties may, within the limits of the national legislation of the Parties, require the fulfillment of conditions that they deem necessary to prevent abuse.
Article 14
Each of the Parties does not make claims for compensation for damage caused to individuals or legal entities related to death, bodily injury and disability of its citizens, as well as damage caused to its immovable property, natural resources, cultural and historical values, if such damage was caused while performing the tasks of technical cover and restoration of basic (priority) railway lines in conditions of repelling external military aggression, the elimination of terrorist armed formations on its territory and in the implementation of measures to ensure its own security.
Article 15
Military units of the railway troops and special formations of the Parties during their temporary stay in the territory of the receiving Party ensure the safety of the immovable property of the receiving Party, its natural resources, cultural and historical sites. The command of the railway troops and the leadership of the special forces of the Parties are responsible for the safety of the real estate used by the host Party, as well as for compliance with environmental safety standards in the areas of deployment. Damage that may be caused by military units of the railway troops and special formations of the sending Party to the receiving Party, as well as to other Parties as a result of activities not related to the performance of tasks under this Agreement, shall be compensated in accordance with the legislation of the receiving Party. Damage that may be inflicted by the receiving Party, as well as by a third Party, to military units of the railway troops and special formations of the sending Party as a result of activities not related to the performance of tasks under this Agreement, shall be reimbursed in accordance with the legislation of the receiving Party. In case of disagreement between the Parties, disputes shall be resolved in accordance with Article 21 of this Agreement.
Article 16
Medical support for military units of the railway troops and special formations of the Parties is provided by their own forces and means in cooperation with the medical authorities (institutions) of the host Party. Qualified medical care is provided in all medical institutions of the host Country, including laboratory and instrumental studies. Wounded and sick personnel from military units of the railway troops and special formations of the Parties are accepted into medical units and institutions of the receiving Party. Monetary payments for the provision of medical care are carried out in accordance with article 7 of the Agreement on the Status of Formations of Forces and Means of the Collective Security System dated December 10, 2010. The footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 04/09/2016 No. 497-V.
Article 17
Financing of measures to provide technical cover for the railways of the Parties is carried out at the expense of the national budgets of the Parties.
Article 18
If it is necessary to exchange information containing classified information, the Parties shall ensure its transfer and protection in accordance with the Agreement on Mutual Security of Classified Information within the framework of the Collective Security Treaty Organization of June 18, 2004. The footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 04/09/2016 No. 497-V.
Article 19
This Agreement does not affect the provisions of other international treaties to which the Parties are Parties.
Article 20
The working language of paperwork and management within the framework of the system of technical cover and restoration of railways of the Parties is Russian.
Article 21
All disagreements between the Parties concerning the interpretation or application of this Agreement shall be resolved through negotiations. To resolve disputed issues, a Conciliation Commission is being established, which includes representatives of each Side and representatives of the command of the railway troops and the leadership of special forces. All disputes that cannot be resolved during negotiations are referred to the Council for resolution.
Article 22
This Agreement shall enter into force on the date of receipt by the Secretariat of the Organization of four written notifications confirming that the Parties have completed the internal procedures necessary for its entry into force, and it shall notify all Member States of the Organization. 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 Organization, which it shall notify all Member States of the Organization.
Article 23
After the entry into force of this Agreement, it is open for accession by other States admitted to the Organization and sharing the goals and principles of this Agreement. For the acceding States, this Agreement shall enter into force on the thirtieth day after the receipt by the Secretariat of the Organization of the notification on the completion of the necessary internal procedures.
Article 24
This Agreement is valid for the duration of the Collective Security Treaty of May 15, 1992. Either Party may withdraw from this Agreement by sending a written notification to the Organization's Secretariat of its intention six months prior to withdrawal. The Agreement shall terminate with respect to this Party upon the expiration of 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. The footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 04/09/2016 No. 497-V.
Article 25
This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized in separate protocols. These protocols shall enter into force in accordance with the procedure provided for in article 22 of this Agreement and will form an integral part of it. Done in Dushanbe on April 28, 2003, in one original copy in the Russian language. The original copy is kept in the Secretariat of the Organization, which will send a certified copy to each signatory State of this Agreement.
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
PROTOCOL on Amendments to the Agreement on the Establishment of a Unified System of Technical Cover for Railways of the Member States of the Collective Security Treaty Organization dated April 28, 2003
The member States of the Collective Security Treaty Organization, proceeding from the need to make appropriate amendments to the Agreement on the Creation of a unified system of Technical Cover for Railways of the Member States of the Collective Security Treaty Organization dated April 28, 2003 (hereinafter referred to as the Agreement), agreed as follows :
Article 1
In article 3 of the Agreement, the words "to the Federal Service of the Railway Troops of the Russian Federation (FSW of Russia)" should be replaced by the words "to the Ministry of Defense of the Russian Federation (Command of the Railway Troops)".
Article 2
In article 4 of the Agreement, the words "FSW of Russia" should be replaced by the words "Ministry of Defense of the Russian Federation (Command of the Railway Troops)".
Article 3
This Protocol enters into force in accordance with the procedure provided for in article 22 of the Agreement and is an integral part of it.
Done in Minsk on June 23, 2006, in one original copy in the Russian language. The original copy is kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each signatory State of this Protocol.
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
President
Republic of Kazakhstan
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