On the ratification of the Agreement on the Joint Engineering Unit for Humanitarian Demining of the Armed Forces of the Member States of the Commonwealth of Independent States

Home / RLA / On the ratification of the Agreement on the Joint Engineering Unit for Humanitarian Demining of the Armed Forces of the Member States of the Commonwealth of Independent States

The Law of the Republic of Kazakhstan dated October 18, 2021 No. 69-VII SAM.

To ratify the Agreement on the Joint Engineering Unit for Humanitarian Demining of the Armed Forces of the member States of the Commonwealth of Independent States, signed on December 18, 2020, with the following reservation: "The Republic of Kazakhstan will consider sending a national engineering unit to participate in a humanitarian demining operation as part of a Joint unit on the territory of a third state that is not a State – a member of the Commonwealth of Independent States, provided for in paragraph 2 of Article 5 of the Agreement, in accordance with the mandate of the UN Security Council.".

President of the Republic of Kazakhstan

K. TOKAEV

Agreement on a joint engineering unit for humanitarian Demining of the Armed Forces of the Member States of the Commonwealth of Independent States

(Entered into force on February 26, 2022, Bulletin of International Treaties of the Republic of Kazakhstan 2022, No. 1, art. 4)

Officially certified text

The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,

Recognizing the need to improve the regulatory framework in the field of humanitarian demining,

guided by the generally recognized principles and norms of international law, international treaties adopted within the framework of the Commonwealth of Independent States,

Expressing their intention to deepen cooperation between the armed forces of the Parties in carrying out humanitarian demining,

have agreed on the following:

Article 1

For the purposes of this Agreement, the following terms are used:

The Joint Engineering Unit for Humanitarian Demining of the armed Forces of the member States of the Commonwealth of Independent States (hereinafter referred to as the Joint Unit) is a combined detachment consisting of two or more national engineering units and designed to carry out humanitarian demining tasks.;

national engineering unit - the engineering unit of the armed forces of the Party allocated to the Joint Unit;

Mine danger is a threat associated with mines and explosive objects (unexploded ordnance) (hereinafter referred to as explosive objects), that is, having signs of possible potential damage related to the number, nature, location (location) and detectability of mines and explosive objects in the area of humanitarian demining tasks.;

Requesting Party is a Party that requests the use of a Joint Unit on its territory to carry out humanitarian demining tasks.;

The receiving Party is the Party on whose territory, in accordance with the request, a Joint Unit is used to carry out humanitarian demining tasks.;

The guiding Party is the Party that directs the national engineering unit to a Joint Unit to perform humanitarian mine clearance tasks.;

transit Party - The Party through whose territory the Joint Unit and its movable property are moving when traveling to the territory of the receiving or sending Party;

A serviceman is a person serving in the armed forces of a Party and participating in the performance of humanitarian mine clearance tasks as part of a national engineering unit.;

The status of a serviceman is a set of rights, freedoms, duties and responsibilities, social and legal guarantees of a serviceman established by this Agreement, the legislation of each of the Parties and relevant international treaties to which the Parties are parties.;

movable property of a Joint Unit - weapons and military equipment, military-technical equipment, special equipment and special facilities, transport and other logistical means necessary for the functioning of a Joint Unit, as well as other goods owned by the sending or receiving Party;

real estate (real estate objects) - land plots and military and civilian infrastructure facilities located on them, which are the property of the receiving/transit Party and are in temporary use of the Joint Unit with its consent.

Article 2

The purpose of this Agreement is to determine the procedure for the formation, use and termination of the activities of a Joint Unit, its status on the territory of the receiving / transit Side, as well as the status of military personnel of the Parties during humanitarian demining.

Article 3

The parties independently determine the degree of their participation in the creation and operation of a Joint Unit.

The decision to send a national engineering unit to participate in humanitarian mine clearance operations is made by the sending Party in accordance with its legislation.

Each Party shall determine the authorized body responsible for the implementation of this Agreement, which the depositary shall inform about simultaneously with the notification of the completion of the internal procedures necessary for its entry into force.

In the event of a change in the authorized body, the relevant Party shall inform the depositary about it within 30 days.

The engineering troops of the armed forces of the Parties and the national engineering units of the Joint Unit act as subjects of direct interaction in the implementation of humanitarian demining.

Article 4

Coordination of cooperation under this Agreement is entrusted to the Council of Ministers of Defense of the Member States of the Commonwealth of Independent States, which manages the Joint Unit through the Secretariat of the Council of Ministers of Defense of the Member States of the Commonwealth of Independent States and the Coordinating Committee on Engineering Support under the Council of Ministers of Defense of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Coordinating Committee).

Article 5

The purpose of creating a Joint Unit is to coordinate the implementation of humanitarian mine clearance tasks in accordance with the requests of the Parties.

A joint unit may be involved in humanitarian mine clearance tasks during the implementation of international humanitarian mine clearance programs, projects and operations in the territories of States that are not member States of the Commonwealth of Independent States (third States) requesting this assistance through international organizations and bodies of the Commonwealth of Independent States.

The decision on the implementation of humanitarian demining operations by the forces and means of a Joint Unit on the territory of a third State is made by the Council of Heads of State of the Commonwealth of Independent States on the basis of an appeal from a third State.

The implementation of humanitarian demining tasks by a Joint Unit in the territories of third countries is regulated by separate international treaties.

Article 6

The organization of the Joint Unit's activities in solving humanitarian mine clearance tasks is based on the principles of:

the use of forces and means according to a single plan and an agreed plan of interaction;

centralized management of the actions of national engineering units;

the unity of the basic requirements for the readiness of national engineering units to perform the tasks of humanitarian demining and the training of relevant specialists;

the use of their own technical support (equipment) by national engineering units;

the use of uniform standards of operational procedures in their activities, developed on the basis of national standards of all Parties, taking into account the recommendations of the International Mine Action Standards (IMAS).

Article 7

The main tasks of the Joint Unit are:

technical exploration of minefields;

technical reconnaissance of facilities for mines and explosive objects;

technical reconnaissance of areas where military operations were previously conducted, for the presence of mines and explosive objects;

mine clearance of minefields and facilities;

clearing areas where military operations were previously conducted from mines and explosive objects;

cleaning of water areas from mines and explosive objects;

disposal of detected mines and explosive objects.

The joint Unit performs tasks in accordance with this Agreement without the use of weapons and ammunition and interacts with other units and organizations that participate in humanitarian mine clearance activities.

Explosives and explosive devices are used only by the national engineering units of the receiving Party, unless otherwise agreed.

Topographic maps of the task areas are provided by the receiving Party, unless otherwise agreed.

Article 8

In accordance with the request of one of the Parties or a third State requesting assistance through international organizations and bodies of the Commonwealth of Independent States, the Council of Heads of State of the Commonwealth of Independent States decides on the implementation of a humanitarian demining operation by forces and means of a Joint Unit and the date of its implementation.

The request of the requesting Party should contain the following data for making a decision on the application of a Joint Unit:

a) the name of the authorized body of the requesting Party;

b) a description of mine-prone areas (water areas) indicating the coordinates of places (territories, water areas) littered with mines and explosive objects;

c) a complete description of the area adjacent to the mine-prone area;

d) justification of the need to use a Joint Unit;

e) the list and scope of the proposed mine clearance tasks to be performed by the Joint Unit, as well as the estimated time frame for their completion;

f) information about the needs for specialists, technical and other means;

g) the place of assembly of the Joint Unit;

h) recommended routes to the gathering place;

i) places of crossing the state border;

k) the place and time of the meeting of the national engineering units;

k) contact phone numbers and other communication channels, as well as other information that may be necessary to fulfill the request.

Article 9

The Council of Defense Ministers of the member States of the Commonwealth of Independent States, based on the proposals of the Parties, determines the composition of the forces and means of the Joint Unit, which is specified as necessary.

The Coordinating Committee considers issues related to the activities of the Joint Unit, improving its structure, training personnel, and prepares proposals to the Council of Defense Ministers of the member States of the Commonwealth of Independent States.

Article 10

The joint unit consists of the command, headquarters and national engineering units.

The commander of the Joint Unit is appointed by the decision of the Council of Ministers of Defense of the member States of the Commonwealth of Independent States on the recommendation of the Coordinating Committee.

The deputy commanders of the Joint Unit are the commanders of the national engineering units appointed to positions in accordance with the legislation of each of the Parties.

The commander of the Joint Unit organizes the direct training and use of the Joint Unit in accordance with this Agreement, the legislation of the Party on whose territory humanitarian demining tasks are performed, and documents adopted within the framework of the Commonwealth of Independent States.

The commander of the national engineering unit is responsible for the management of the subordinate unit. He is responsible for the readiness of the national engineering unit to carry out humanitarian mine clearance tasks and reports to the commander of the Joint Unit during joint activities, during the immediate preparation and execution of humanitarian mine clearance tasks.

The commander of the Joint Unit reports on the fulfillment of humanitarian demining tasks to the Council of Defense Ministers of the Member States of the Commonwealth of Independent States in accordance with the established procedure (determined by this body), which then informs the Council of Heads of State of the Commonwealth of Independent States.

Article 11

The Headquarters is the main management body of the Joint Unit and is designed to manage (coordinate activities) the special and day-to-day activities of national engineering units.

A representative of the host Party is appointed as the Chief of Staff of the unit.

Article 12

In their daily activities (in the mode of readiness to perform humanitarian mine clearance tasks), national engineering units are located at permanent locations and join together to perform humanitarian mine clearance tasks and conduct joint activities.

In order to increase the readiness to carry out humanitarian mine clearance tasks, joint activities are being carried out to organize the interaction of national engineering units.

The training of the national engineering unit must comply with the specialist training program developed for the Joint Unit and approved by the Council of Defense Ministers of the Member States of the Commonwealth of Independent States upon the recommendation of the Coordinating Committee.

Article 13

The Joint Unit Application Plan is prepared by the host Party.

To ensure the deployment of national engineering units as part of a Joint Unit, each of the Parties involved in the humanitarian demining operation sends an advance team of at least 3 people.

The receiving Party ensures communication between the headquarters of the Joint Unit and national engineering units when performing humanitarian mine clearance tasks.

Article 14

The Parties apply simplified procedures for crossing the state borders of the Parties for national engineering units that are part of a Joint Unit.

National engineering units cross the state border at checkpoints agreed with the receiving/transit Party upon presentation of lists of movable property certified by the authorized bodies of the sending Party, indicating the purpose of arrival and duration of stay on the territory of the receiving/transit Party.

The sending Party shall, at least 45 days before crossing the state border of the receiving/transit Party, submit to the authorized bodies of the receiving/transit Party personal lists of personnel and lists of movable property for their early coordination with the competent authorities of the receiving/transit Party.

Military personnel of national engineering units cross the state border at checkpoints agreed with the receiving/transit Side according to the personal list of personnel and upon presentation of documents established by the legislation of the sending Side certifying their identity and belonging to military and other formations, unless otherwise provided by international treaties of the Parties.

The import (export) across the state border of the receiving / transit Side of items intended for personal use, as well as foreign currency by military personnel of national engineering units is carried out in accordance with the legislation applied by the receiving / transit Side.

The customs authorities of the receiving/transit Side carry out customs clearance (perform customs operations) and customs control in respect of movable property of national engineering units imported (exported) across the customs borders of the receiving/transit Side, as a matter of priority. Upon presentation of a military pass or other official document replacing it, issued in accordance with the legislation of each of the Parties, exemption from customs duties, taxes and fees is granted in respect of this property in accordance with the legislation of the receiving Party and international treaties to which they are parties.

The customs authorities of each Party may, in accordance with the procedure and under the conditions established by their legislation, conduct a personal search and baggage inspection of military personnel of national engineering units and seize items prohibited or restricted for import and export, with the exception of items (property) included in the list of movable property.

Article 15

The Parties shall ensure unhindered movement along a pre-agreed route through their territories to the destination of the Joint Unit and its movable property, as well as priority provision of railway, automobile, sea, river and air transport and transport communications based on preliminary requests in accordance with the requirements of the legislation of each of the Parties.

Aviation flights are carried out along routes, as well as in zones (areas) that are coordinated with the ministries and departments concerned, as well as air traffic control and air control authorities of the Parties. Reception, airfield technical support and protection of aircraft at military and civilian airfields are carried out by the aerodrome services of the Parties.

The navigation of ships and vessels of formations of the Parties in the waters and their stay in the ports of the receiving Party are carried out in accordance with the procedure established by the receiving Party, taking into account the need to fulfill the assigned tasks.

The transit of the Joint Unit through the territories of States that are not parties to this Agreement is carried out in accordance with the procedure provided for by the relevant agreements concluded either by the receiving Party or the sending Party.

Article 16

The receiving Party ensures the safety of the personnel and property of the Joint Unit within its territory.

Article 17

The Parties will be guided by the following principles in matters of jurisdiction related to the temporary stay of a Joint Unit on the territory of the receiving/transit Party:

The jurisdiction of the receiving/transit Party does not apply to actions (inaction) committed in the performance of official duties by military personnel of the sending Party.;

The immunity of military personnel from the jurisdiction of the receiving/transit Party does not exempt them from the jurisdiction of the sending Party.

Article 18

Each Party is responsible for the training and logistical support of its national engineering unit, including its relocation and use as part of a Joint Unit.

The Parties guarantee the technical serviceability of the machinery and equipment delivered to the task area. Logistical support is provided in accordance with this Agreement and the legislation of each of the Parties.

The sending Party, at its own expense, provides its national engineering unit with food, water and fuel supplies in sufficient quantity for 3 days of vital activity, and with the material means of the clothing service for the entire period of joint events. In the event that the provision of clothing for the national engineering unit of the sending Party is difficult on the territory of the receiving Party, it can be carried out at the expense of the material resources of the receiving Party. At the same time, the replenishment of material resources and subsequent mutual settlements for them are carried out on the basis of agreements between the authorized bodies of the sending and receiving Parties.

The provision of material resources and services to the personnel of the national engineering unit of the sending Party is carried out by the receiving Party on equal terms with the personnel of the national engineering unit of the receiving Party.

The costs of accommodating the personnel of the Joint Unit, their meals and bath and laundry services are borne by the receiving Party.

The receiving Party on its territory provides the national engineering unit of the sending Party with food according to the norms of food rations of its own national armed forces, as well as fuel and water for the entire duration of deployment, starting from 4 days, and stops providing it after crossing its state border.

The sending Party is responsible for the deployment (completion) of its national engineering unit in the task areas.

The receiving Party, at its own expense, provides loading and unloading operations, the placement of equipment and property of national engineering units.

The sending Party is responsible for providing its national engineering unit, which is part of the Joint Unit, with spare parts, lubricants and special fluids necessary for the maintenance of its equipment and property, for the duration of the deployment of this national engineering unit as part of the Joint Unit.

If necessary, the receiving Party provides spare parts, lubricants and special fluids for equipment that is shared and stored on its territory, as well as repair and maintenance points to the national engineering unit of the sending Party. In order to meet these requirements, the Parties exchange lists of their equipment and assets that should be sent and deployed.

Each Party is responsible for the repair and replacement of its faulty equipment and property.

Article 19

The Parties ensure that the status of military personnel is respected during humanitarian demining.

Article 20

Military personnel in the performance of their official duties are subordinate only to those persons who, in accordance with this Agreement and the legislation of the sending Party, are their commanders (superiors).

No one has the right to interfere in the official activities of military personnel during humanitarian demining.

Article 21

During the period of humanitarian demining by military personnel:

a) salaries, monthly and other payments, allowances and compensations, to which the serviceman was entitled until the day of involvement in the performance of humanitarian demining tasks, are retained.;

b) monetary payments (remuneration) are made for the period of direct performance of humanitarian mine clearance tasks in the amounts and in accordance with the procedure established by the legislation of the sending Party.;

c) an additional paid leave of 2 weeks is provided, excluding travel time to and from the place of vacation.

The benefits, guarantees and compensations established by the legislation of the sending Party remain in place for military personnel taking part in humanitarian mine clearance activities.

At the same time, the sending Party establishes the following additional social guarantees:

a) the calculation of a serviceman's time of service during humanitarian mine clearance for years of service is one day of service for 3 days;

b) payment of one-time compensation to a serviceman who has been maimed (wounded, injured, concussed), or sickened in the performance of official duties related to the direct performance of humanitarian mine clearance tasks, which have resulted in temporary disability but have not resulted in disability - 5 salaries in monetary terms, and those who have resulted in disability - 10 salaries in monetary terms.

In the event of the death of a serviceman while performing humanitarian mine clearance tasks, his family members are entitled to receive one-time compensation in accordance with the legislation of the sending Party.

The social and legal guarantees provided for in this Agreement do not apply to persons who have voluntarily left a unit or place of service; who have committed a criminally punishable act, suicide (with the exception of cases of suicide in the presence of a court verdict that has entered into legal force); who have intentionally inflicted any bodily injury (self-mutilation) on themselves; in the absence of medical indications, those who have consumed or used substances that cause alcohol, narcotic or other intoxication during the performance of humanitarian mine clearance tasks (if there is an appropriate medical examination), as well as those who have been recalled due to non-compliance with professional requirements.

Article 22

The life and health of military personnel during the performance of humanitarian mine clearance tasks are subject to compulsory insurance at the expense of the sending Party.

Article 23

The beginning and termination of the social and legal guarantees provided for in this Agreement for military personnel are determined in accordance with the agreements of the Parties.

Article 24

Each of the Parties ensures the provision of first aid to military personnel before providing medical assistance in case of accidents, injuries, poisoning and other conditions and diseases that threaten their life and health.

Emergency medical care for sudden acute illnesses, conditions, accidents, injuries, poisoning, exacerbations of chronic diseases that require urgent medical intervention and pose a threat to the patient's life (in an emergency) or without obvious signs of a threat to the patient's life (in an emergency) is provided to the personnel of a Joint Unit by medical organizations (healthcare institutions) of the state and the municipal healthcare systems of the host Country without hindrance, free of charge and in full until the moment the threat to life is eliminated and the medical commission (council) of the medical organization providing medical care establishes the possibility of evacuation to the territory of the sending Party.

Further medical care is provided at the expense of the sending Party.

The receiving Party organizes and ensures the evacuation of the sick and wounded of the Joint Unit to the state border of the sending Party or a point agreed upon by the Parties.

Scheduled medical care is provided to the personnel of the Joint Unit on the territory of the receiving/transit Party on a paid basis at the expense of the sending Party.

Article 25

In the event of the death of a serviceman (representative) of the sending Party on the territory of the receiving/transit Party, the latter is obliged to inform the sending Party about this. The moment of death of a serviceman (representative) of the sending Party is determined in accordance with the procedure established by the legislation of the receiving/transit Party.

The receiving/transit Side organizes and ensures the transportation of the bodies of the deceased military personnel of the Joint Unit to the state border of the sending Side.

Article 26

The exchange of information between the Parties and its protection in cooperation under this Agreement shall be ensured in accordance with the legislation of each of the Parties.

The procedure for handling and protecting interstate secrets is carried out in accordance with the Agreement on the Protection of Classified Information within the Commonwealth of Independent States dated October 25, 2013 and bilateral treaties on the mutual protection of classified information (State secrets).

Information obtained during the implementation of this Agreement by one of the Parties may not be used by it without the written consent of the relevant Party and to the detriment of the interests of the other Parties.

Article 27

The Parties shall independently bear the costs incurred in the course of their implementation of this Agreement, unless a different procedure is agreed in each specific case.

Financing of expenses related to the implementation of this Agreement is carried out within the limits of funds provided in the budgets of each of the Parties to the Ministries of Defense (defense departments), as well as other sources in accordance with the procedure established by the legislation of each of the Parties.

Article 28

Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned or through another procedure agreed upon by the Parties.

Article 29

By agreement of the Parties, amendments may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol.

Article 30

This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.

For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 31

This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary no later than 6 months before the withdrawal and settling financial and other obligations that have arisen during the validity of the Agreement.

Article 32

After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States by submitting an instrument of accession to the depositary.

For the acceding State, the Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

Done on December 18, 2020, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Republic of Azerbaijan

-------

For the Russian Federation

Vladimir Putin

For the Republic of Armenia

Nikol Pashinyan

For the Republic of Tajikistan

For the Republic of Belarus

Alexander Lukashenko

For Turkmenistan

For the Republic of Kazakhstan

K.-J. Tokaev

(with a caveat)

For the Republic of Uzbekistan

-------

For the Kyrgyz Republic

T. Mamytov

For Ukraine

For the Republic of Moldova

RESERVATION OF THE REPUBLIC OF KAZAKHSTAN to the Agreement on the Joint Engineering Unit for Humanitarian Demining of the Armed Forces of the Member States of the Commonwealth of Independent States

The Republic of Kazakhstan will consider sending a national engineering unit to participate in a humanitarian demining operation as part of a joint unit on the territory of a third state that is not a member State of the Commonwealth of Independent States, provided for in paragraph 2 of Article 5 of the Agreement, in accordance with the mandate of the UN Security Council.

President

Republic of Kazakhstan

K. Tokaev

I hereby certify that the attached text is an authentic copy of the Agreement on the Joint Engineering Unit for Humanitarian Demining of the Armed Forces of the member States of the Commonwealth of Independent States, issued following the signing by the heads of delegations of the CIS member States who participated in the meeting of the Council of Heads of State of the Commonwealth of Independent States on December 18, 2020 using videoconference. Copies of the above-mentioned Agreement with the original signatures are kept in the Executive Committee of the Commonwealth of Independent States.

First Deputy Chairman

The Executive Committee –

CIS Executive Secretary

V. A. Guminsky

President

Republic of Kazakhstan

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