On the ratification of the Agreement on the Prevention of Incidents in the Caspian Sea

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The Law of the Republic of Kazakhstan dated May 13, 2019 No. 256-VI SAM.

To ratify the Agreement on the Prevention of Incidents in the Caspian Sea, signed in Aktau on August 12, 2018.

President of the Republic of Kazakhstan

K. TOKAEV

Agreement on preventing incidents in the Caspian Sea

The Governments of the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan, hereinafter referred to as the Parties,

Striving, within the framework of this Agreement, to ensure the safety of navigation of warships and aircraft flights of the armed forces of the States of the Parties in the Caspian Sea,

guided by the relevant generally accepted principles and norms of international law,

have agreed on the following:

Article 1

For the purposes of this Agreement:

a) "warship" means a vessel belonging to the armed forces of the State of one of the Parties, bearing external markings distinguishing such vessels of its nationality, under the command of an officer in the civil service of the relevant Party, whose name is included in the list of military personnel or an equivalent document, manned by a crew subject to regular military discipline;

(b) "Aircraft" means an aircraft heavier than or lighter than air belonging to the armed forces of a State of one of the Parties, bearing external markings distinguishing such aircraft of its nationality;

(d) "Maneuvering" means changing the direction (course) and/or speed of a warship or group of warships.

Article 2

This Agreement applies to warships and aircraft of the Parties operating in the Caspian Sea, beyond the territorial waters and airspace above them.

Article 3

The Parties will take measures to ensure strict compliance by the commanders of their warships with the International Rules for Preventing Collisions at Sea of 1972 (IPPCC-72).

Article 4

1. Warships of each Side operating near warships of the other Sides, except in cases where, in accordance with IPPCC-72, warships must maintain their course and speed, must remain at a safe distance to avoid the risk of collision.

When approaching at a distance of less than 2 nautical miles during the day and 3 nautical miles at night or in conditions of poor visibility, the warships of the Parties establish communication in accordance with the procedure established by Article 6 of this Agreement.

2. The warships of each Side, meeting with groups of warships of other Parties or operating near them, in accordance with the IPPCC-72, avoid such maneuvering, which would make it difficult for these groups of warships to maneuver.

3. The warships of the Parties located within sight of each other, to indicate their actions and intentions, use signals (flag, sound or light), which are provided for by IPPCC-72, the International Code of Signals and the Table of Special Signals contained in the Annex to this Agreement. At night or during the day, in conditions of limited visibility or in conditions of such illumination and at such distances when the flag signals are indistinguishable, light signals or VHF radio communications on channel 16 (156.8 MHz) should be used for these purposes.

4. Warships of the Parties:

a) must not attempt to simulate attacks by combat maneuvering, turning guns, missile launchers, torpedo tubes and other types of weapons in the direction of warships and aircraft of the other Side;

b) must not throw any objects in the direction of the warships of the other Party in such a way that it could pose a danger to these warships or interfere with navigation;

c) must not use searchlights or other lighting equipment in such a way that it could interfere with the control of a warship or aircraft of the other Party;

d) should not use lasers or any other technical means in such a way that they could interfere with the control of a warship or aircraft of the other Party, harm the health of personnel or cause damage to the equipment on them.;

e) should not launch flares in the direction of the warships and aircraft of the other Party in such a way that it could pose a danger to these warships or aircraft;

(f) Must not intentionally interfere with the electronic and navigational aids of the warships and aircraft of the other Party.

5. When conducting exercises with submarines in an underwater position, in order to warn warships of the other Party about the presence of submarines in the area, surface warships accompanying submarines must carry an appropriate signal according to the International Code of Signals or according to the Table of Special Signals contained in the Annex to this Agreement.

6. Warships of each Party, when approaching warships of the other Party, which, according to rule 3 (g) of the IPPCC-72, are limited in their ability to maneuver, in particular, to warships engaged in ensuring the take-off or reception of aircraft, as well as to warships engaged in resupply on the move, should take appropriate measures to in order not to restrict the maneuvering of such warships and to remain at a sufficient distance from them.

7. In the interests of ensuring the safety of navigation, warships and groups of warships of the Parties will not conduct dangerous maneuvering in areas of intensive navigation and other economic activities.

8. The actions of the warships and aircraft of the Parties are carried out in accordance with the provisions of this Agreement without prejudice to the sovereign and exclusive rights of the Parties and should not lead to unjustified interference with the exercise of the sovereign and exclusive rights of the Parties.

Article 5

1. Aircraft of each Side should exercise maximum caution when approaching aircraft or warships of the other Side, especially warships engaged in providing take-off or reception of aircraft.

2. Aircraft of the Parties:

a) must not attempt to simulate attacks or simulate the use of weapons on warships and aircraft of the other Party;

b) must not perform various aerobatic maneuvers and dangerous maneuvers in the immediate vicinity of warships and aircraft of the other Party;

c) must not drop any objects in the direction of warships and aircraft of the other Party in such a way that it could interfere with navigation and flights;

d) must not use searchlights or other lighting equipment in such a way that it could interfere with the control of a warship or aircraft of the other Party;

e) should not use lasers or any other technical means in such a way that they could interfere with the control of a warship or aircraft of the other Party, harm the health of personnel or cause damage to the equipment on them.;

(f) Must not intentionally interfere with the electronic and navigational aids of the warships and aircraft of the other Party.

3. The aircraft of the Parties must have their navigation lights on when flying at night or in conditions of poor visibility.

Article 6

1. When establishing radio communications, warships and aircraft of the Parties use call signs in English containing information about their nationality, in the form: "(nationality) warship/aircraft".

2. Radio communication is carried out in English or other acceptable languages.

3. The warships and aircraft of the Parties use radio communication on the following frequencies to exchange information and better mutual understanding:

a) between the warships of the Parties - in accordance with paragraph 3 of Article 4 of this Agreement. After the initial contact is established, the working exchange is carried out by agreement of the commanders on one of the channels in the VHF band, commonly used in international practice.;

b) between an aircraft of one Party and an aircraft of the other Party, as well as between a warship of one Party and an aircraft of the other Party, in the VHF band at frequencies of 121.5 MHz or 243 MHz. After the initial contact is established, information exchange is carried out at frequencies of 130 MHz or 278 MHz.

Article 7

Warships and groups of warships of the Parties in the areas of the passage of underwater cables and pipelines, as well as the location of artificial islands, installations, structures will refrain from any actions that pose a threat to these facilities and their activities.

Article 8

1. The Parties shall ensure, through an established system for communicating navigation information, at least:

a) 3 days in advance - the transmission of notifications about the actions of their warships that pose a danger to navigation;

b) 7 days in advance - the transmission of notices from the aeronautical Information Service about the actions of its warships and aircraft that pose a danger to air navigation.

2. It is not allowed to establish the areas of operations referred to in paragraph 1 of this Article in the fishing zones of the States of other Parties.

In the general water area, the establishment of such areas is possible only if there are no artificial islands, installations, or structures in them. The Party that established such an area is responsible for the damage it caused to other Parties.

3. Each of the Parties will take the necessary measures to ensure that the commanders of warships and aircraft exercise maximum caution in the areas of operations about which information has been transmitted in accordance with paragraph 1 of this Article.

Article 9

The Parties shall promptly exchange relevant information through diplomatic channels on incidents that have caused material damage and other incidents at sea between warships and aircraft of the Parties or cases that may lead to them.

Article 10

Any disagreements and disputes related to the interpretation or application of the provisions of this Agreement shall be resolved through consultations and negotiations between the Parties.

Article 11

1. The provisions of this Agreement may be amended or supplemented by agreement of all Parties.

2. Amendments and additions to this Agreement are an integral part of it and are formalized in separate protocols that enter into force in accordance with the procedure provided for in Article 13 of this Agreement.

Article 12

The Republic of Kazakhstan is the depositary of this Agreement.

Article 13

1. This Agreement shall be concluded for an indefinite period and shall enter into force on the thirtieth day after the date of receipt by the Depositary of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.

2. Each of the Parties may terminate its participation in this Agreement by sending a written notification to the Depositary of its intention to withdraw from this Agreement. For this Party, this Agreement will be valid for twelve months from the date of receipt of such notification by the Depositary.

3. The provisions of this Agreement shall not affect the rights and obligations of the Parties arising from other international treaties to which the States of the Parties are parties.

Done in Aktau on August 12, 2018, in one original copy in Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English, all texts being equally authentic.

In case of disagreement, the Parties use the English text.

The original copy shall be deposited with the Depositary, who shall send certified copies of this Agreement to the Parties.

For the Government of the Republic of Azerbaijan

For the Government of the Islamic Republic of Iran

For the Government of the Republic of Kazakhstan

For the Government of the Russian Federation

For the Government of Turkmenistan

Application to the Agreement on the Prevention of Incidents in the Caspian Sea

Table of special signals

Distinctive signal: YV1 (the next group is preceded by this signal)

The signal

The meaning of the signals

IR1

I am engaged in oceanographic work.

IR2 /.../

I have overboard /towing/ hydrographic research equipment ________ meters astern

IR3

I'm bringing on board the hydrographic research equipment.

IR4

I'm doing rescue work.

JH1

I'm trying to get the ship off the shoal.

MN1

Please do not cross my course by the nose.

NB1 /.../

I have towed research hydrographic instruments overboard in the direction away from me.__________ / Table III of the MCC/

PJ1

I can't change course to the right.

PJ2

I can't change course to the left.

PJ3

Careful, my steering is out of order.

PP8 /.../

Dangerous operations are being carried out. Please don't move away from me. __________ / Table III of the MCC/

QF1

Careful, I'm stalling.

QS6 /.../

I'm heading for the anchorage on a course

QV2

I am rigidly anchored using two or more anchors or mooring barrels fore and aft. Please do not interfere.

QV3

I'm anchored at great depth with hydrographic research equipment overboard.

RT2

I intend to pass you on your port side.

RT3

I intend to pass you on your starboard side.

RT4

I will overtake you on your port side.

RT5

I will overtake you on your starboard side.

RT6 /.../

I'm maneuvering (the compound is maneuvering). Please do not move away from me _______ / Table III of the MCC/

RT7 /.../

I will approach your ship from the starboard side at a distance of _______ hundreds of meters (yards)

RT8 /.../

I will approach your ship from the port side at a distance of _________ hundreds of meters (yards)

RT9 /.../

I will pass astern of you at a distance of _______ hundreds of meters (yards)

RU2 /.../

I start turning left in about ______ minutes.

RU3 /.../

I start turning right in about ______ minutes.

RU4

The compound is preparing to change course to the left

RU5

The compound is preparing to change course to the right

RU6

I'm conducting a maneuvering exercise, it's dangerous to be inside the warrant

RU7

I'm getting ready to dive.

RU8

The submarine will surface within two miles of me in no later than 30 minutes. Please do not interfere.

SL2

Please show your course, speed, and intentions for divergence.

TH1

I am engaged in fish supervision

UY1 /.../

I'm getting ready to lift (plant) The plane follows the _____ course

UY2 /.../

I'm getting ready to conduct missile firing training. Please do not move away from me ______ / Table III of the MCC/

UY3 /.../

I am preparing to conduct an artillery firing training. Please do not move away from me ______ / Table III of the MCC/

UY4

I am preparing to carry out (conduct) actions using explosives.

UY5 /.../

I am maneuvering to prepare for training torpedo firing in my direction ________ /Table IIIMCC/

UY6 /.../

I am preparing to replenish (replenish) supplies on the go on the course ________. Please do not interfere.

UY7 /.../

I am preparing to conduct an amphibious exercise using a large number of small landing vehicles. Please do not move away from me _______ / Table III MCC/

UY8 /.../

I am maneuvering to lower (receive) the amphibious landing vehicles. Please do not move away from me ______ /Table III MCC/

UY9

I am preparing to carry out (conduct) actions with helicopters over the stern

UY10

I'm checking the artillery systems.

UY11

I'm checking the missile systems.

UY12 /.../

I am preparing to conduct (conduct) practice shooting (bombing) from airplanes at towed targets. Please do not move away from me ______ /Table III MCC/

ZL1

I have received and understood your signal.

ZL2

Do you understand me? Please confirm

ZL3

Your signal is received, but not understood.

President

Republic of Kazakhstan

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