On the ratification of the Decision on regulatory documents on the creation and improvement of the unified air defense System of the Member States of the Commonwealth of Independent States

Home / RLA / On the ratification of the Decision on regulatory documents on the creation and improvement of the unified air defense System of the Member States of the Commonwealth of Independent States

Law of the Republic of Kazakhstan dated December 30, 1999 No. 6

To ratify the Decision on regulatory documents on the creation and improvement of the unified air defense system of the member States of the Commonwealth of Independent States, made in Moscow on April 12, 1996.

President of the Republic of Kazakhstan

Decision on regulatory documents on the creation and improvement of the joint air defense system of the participating States The Commonwealth of Independent States

It shall enter into force from the date of its signature, and for States where it is necessary, after notifying the parties of their completion of the necessary domestic procedures.

Signed: Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan, Ukraine

notifications have been submitted:

Republic of Uzbekistan - deposited on July 25, 1996; Republic of Belarus - deposited on November 16, 1996; Republic of Tajikistan - deposited on March 2, 1998; Kyrgyz Republic - deposited on August 19, 1998 (on the ratification of the Decision, the instrument of ratification has not been submitted); Republic of Kazakhstan - deposited on January 27, 2000; Russian Federation - deposited on December 31, 2004 (domestic procedures are being carried out).

The decision came into force on the day of signing.

entered into force for the States:

The Republic of Uzbekistan - April 12, 1996 (from the date of signing); Republic of Tajikistan - April 12, 1996 (from the date of signing); Republic of Belarus - November 16, 1996; Kyrgyz Republic - August 19, 1998; The Republic of Kazakhstan - January 27, 2000.

Note:

The depositary has not received notifications on the implementation of internal procedures or notifications on the absence of the need for their implementation from the Republic of Armenia, Georgia, the Russian Federation, and Ukraine.

The Council of Heads of Government of the Commonwealth of Independent States, in accordance with the Decision "On the procedure for financing and developing proposals for logistical support, customs and other benefits in the interests of creating and improving the unified air defense system of the member States of the Commonwealth of Independent States" dated November 3, 1995, decided: 1. To approve: a) The Regulations on the annual financial Planning and Financing of the Creation, Restoration and Improvement of the Unified Air Defense System of the Member States of the Commonwealth of Independent States, as well as the Coordinating Committee on Air Defense under the Council of Defense Ministers of the Member States of the Commonwealth of Independent States (annex 1); b) Regulations on the procedure for placing and Executing orders for weapons, military Equipment and other materiel for the Creation and Improvement of the unified air defense system of the member States of the Commonwealth of Independent States (Appendix 2); c) Regulations on the Provision of customs and Other Benefits and Exemption from Non-tariff Restrictions on Weapons, Military Equipment and other Materiel when creating and improvement of the joint air defense system of the member States of the Commonwealth of Independent States (Appendix 3). 2. To recommend that the States parties to the Agreement on the Establishment of a unified air defense system of the Member States of the Commonwealth of Independent States, after completing the necessary domestic procedures, bring their national legislation into line with the above-mentioned approved provisions. 3. This Decision shall enter into force from the date of its signature, and for States where necessary, after notifying the parties that they have completed the necessary domestic procedures. Done in Moscow on April 12, 1996, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State.

 Appendix 1

Approved by the Decision of the Council of Heads of Government of the Commonwealth of Independent States States on regulatory documents on the creation and improvement of a unified air defense system Member States of the Commonwealth Independent States

dated April 12, 1996

Regulations on the annual financial planning and financing of the creation, restoration and improvement of the Joint Air defense System of the Participating States The Commonwealth of Independent States, as well as The Coordinating Committee on Air Defense Issues under the Council of Defense Ministers of the Participating States The Commonwealth of Independent States

 General provisions

1. This Regulation has been developed on the basis of the Decision of the Council of Heads of Government of the Commonwealth of Independent States "On the procedure for financing and developing proposals for logistical support, customs and other benefits in the interests of creating and improving the unified air defense System of the Member States of the Commonwealth of Independent States" (CIS Air Defense System) dated November 3, 1995. It defines the procedure for annual financial planning, financing the creation, restoration and improvement of the joint air defense system of the member States of the Agreement "On the Establishment of the Joint Air Defense System of the Member States of the Commonwealth of Independent States" dated February 10, 1995 (hereinafter referred to as the Agreement States parties) and financing the activities of the Coordinating Committee on Air Defense under the Council of Ministers Defense of the member States of the Commonwealth of Independent States (hereinafter - CIS Air Defense Coordination Committee). 2. Financing from the budgets of the States parties to the Agreement is carried out by allocating direct allocations for common programs and projects on the basis of agreements between interested parties in the implementation of relevant common programs or projects. Financing of own parts of the work on the implementation of the main directions of improvement of air defense is carried out independently by each state. 3. Common programs and projects are understood as joint activities of the States parties to the Agreement on the creation and improvement of the CIS Air Defense System. 4. The own part of the work is understood as measures to implement plans for the creation and improvement of national air defense systems. 5. The basis for funding is the annual Allocation Plan for the creation and development of the CIS Air Defense System, approved by the Council of Heads of Government of the Commonwealth of Independent States on the recommendation of the Council of Defense Ministers of the Member States of the Commonwealth of Independent States (the CIS Air Defense Coordination Committee). 6. The allocation of funds according to the Allocation Plan for the creation and Development of the CIS Air Defense System is carried out by the CIS Air Defense Coordination Committee, with subsequent approval by the Council of Heads of Government of the Commonwealth of Independent States or the Interstate Economic Committee of the Economic Union. The authorized administrator of the appropriations is the Chairman of the Coordinating Committee on Air Defense under the Council of Defense Ministers of the Member States of the Commonwealth of Independent States. Incoming funds are kept in a current account opened in accordance with the established procedure with the Central Bank of the Russian Federation. 7. The States parties to the Agreement shall carry out the export and import of weapons and military equipment, works and services for military purposes in the interests of creating and developing the CIS air Defense system without applying non-tariff restrictions (regulation), customs duties and payments, in compliance with the principle of freedom of transit at the customs borders and territories of the States parties to the Agreement. 8. Supplies and repairs of weapons, military equipment and other materiel, technical support, production of works and provision of military services for the CIS air defense systems are carried out by the States parties to the Agreement at agreed prices and tariffs, including domestic ones. 9. The degree of secrecy of work related to the implementation of common programs and projects for the creation and development of the CIS Air Defense system is determined by the decision of the CIS Air Defense Coordination Committee and is mandatory for subjects of financial and industrial relations. 10. The CIS Air Defense Coordination Committee, which is represented by its Chairman, is the Customer of common programs and projects for the CIS Air Defense system. The order of weapons, military equipment and other materiel for the CIS air Defense system in terms of their own work is carried out by customers of the Ministries of Defense of the states parties to the Agreement.

Financial planning

11. The procedure for planning expenses for the repair of weapons and military equipment not provided for by the general programs and projects for the creation and improvement of the CIS air defense system is carried out in accordance with the Decision of the Council of Heads of Government of the Commonwealth of Independent States "On the repair of weapons and military equipment of the member States of the Commonwealth of Independent States" dated September 9, 1994, taking into account the provision of customs and other tax benefits. 12. A plan for joint activities of the CIS Air Defense System and cost estimates for it are developed by the CIS Air Defense Coordination Committee and submitted to the Council of Defense Ministers of the Commonwealth member States for approval. This Plan provides for measures to ensure the activities of the CIS Air Defense Coordination Committee. 13. The States Parties to the Agreement that participate in common programs and projects coordinated with the Interstate Commission for Military-Economic Cooperation of the Member States of the Commonwealth of Independent States through relevant customers conclude agreements (contracts) with the Interstate Financial and Industrial Group Granit for the implementation of relevant programs and projects that submitted to the CIS Air Defense Coordination Committee.

Financing

14. The financing of common programs and projects is carried out by the States parties to the Agreement interested in their implementation. The amount of contributions is determined directly for each program and project. 15. Contributions to general programs and projects are transferred by the interested States parties to the Agreement to the account of the administrator of the CIS Air Defense System within the time limits specified in the decisions on the implementation of these programs. 16. The financial report on the use of allocations for general programs and projects for the creation and development of the CIS Air Defense system, as well as for ensuring the activities of the CIS Air Defense Coordination Committee, is submitted by its Chairman for approval by the Council of Heads of Government of the Commonwealth of Independent States. 17. Responsibility for violation of contractual obligations for the implementation of approved Plans for the creation and development of the CIS air Defense system is defined in agreements (contracts) between subjects of financial and industrial relations. Disputes in connection with non-fulfillment or improper fulfillment of obligations by the parties are resolved in the Economic Court of the Commonwealth of Independent States (for States that have signed an Agreement on its Status). 18. Financing of the repair and modernization of weapons and military equipment, as well as works related to the provision of assistance in the restoration, maintenance of combat readiness, operation and maintenance of weapons and military equipment of the CIS Air Defense System (including transportation of specialists and equipment) is carried out by the States parties to the Agreement on the basis of concluded agreements (contracts) with IFPG Granit. The work on restoring the combat readiness of weapons and military equipment of the CIS air Defense system, which is not provided for in the annual allocation plans for the creation and development of the CIS air Defense system, is financed from the budgetary funds of the States parties to the Agreement in accordance with the procedure determined by the agreements of the IFPG Granit with customers of the Ministries of Defense of the States parties to the Agreement. 19. Financing of research and development work (R&D and R&D) on the development of new weapons and military equipment for the CIS air defense system is carried out by the interested member States of the Commonwealth of Independent States in accordance with the decisions of the Council of Heads of Government of the Commonwealth of Independent States. The allocation of funds for specific programs is carried out by transferring funds to the State developer in accordance with paragraph 15 of these Regulations. 20. Financing of joint operational exercises (trainings), training and methodological fees is carried out by the interested States parties to the Agreement, based on the Plan for joint activities of the CIS Air Defense System and the degree of participation of each of the States parties to the Agreement. 21. Financing of the costs of training military specialists in military educational institutions and air defense training centers, training of combat crews of the CIS air defense systems at the air defense ranges of the States parties to the Agreement is carried out by each state independently on a contractual basis. 22. The financing of the costs of maintaining troops allocated to the CIS Air Defense System by the States parties to the Agreement is carried out independently. 23. Financing of expenses related to the activities of the CIS Air Defense Coordination Committee within the framework of common programs for the CIS air defense systems is carried out by the interested States parties to the Agreement. 24. Financial control over the receipt and expenditure of appropriations allocated by the States parties to the Agreement is carried out by subjects of financial relations.

 Appendix 2

dated April 12, 1996

Regulations on the procedure for placing and executing orders for weapons, military equipment and other materiel for the creation and improvement of the unified air defense system of the Commonwealth Member States Independent States

1. This Regulation has been developed in accordance with the Decision of the Council of Heads of Government of the Commonwealth of Independent States "On the procedure for financing and developing proposals for logistical support, customs and other benefits in the interests of creating and improving the unified air defense system of the Member States of the Commonwealth of Independent States" dated November 3, 1995. 2. The source of funding is appropriations allocated from the budgetary funds of the States parties to the Agreement "On the Establishment of a unified air defense System of the Member States of the Commonwealth of Independent States" dated February 10, 1995 (hereinafter referred to as the States Parties to the Agreement). Financing of orders for weapons, military equipment and other materiel for the creation of a unified air defense system of the member States of the Commonwealth of Independent States (hereinafter - The CIS Air Defense System) is carried out in accordance with the Regulations on Annual Financial Planning, Financing the Creation, Restoration and Improvement of the Unified Air Defense System of the member States of the Commonwealth of Independent States, as well as the Coordinating Committee on Air Defense under the Council of Defense Ministers of the Member States of the Commonwealth of Independent States (hereinafter referred to as the CIS Air Defense Coordinating Committee). 3. The order for weapons, military equipment and other materiel is based on the Plan approved by the Council of Heads of Government of the Commonwealth of Independent States for the allocation of funds for the creation and development of the CIS Air Defense system. The CIS Air Defense Coordination Committee, which is represented by its Chairman, is the customer of common programs and projects for the CIS Air Defense system. The formation of state defense orders of the States parties to the Agreement for the CIS air defense systems for weapons and military equipment manufactured at enterprises of the States parties to the Agreement is carried out in accordance with the established procedure. The order of weapons, military equipment and other materiel for the CIS air Defense system in terms of their own work is carried out by customers of the Ministries of Defense of the states parties to the Agreement. 4. The CIS Air Defense Coordination Committee sends to the Chief of Armament of the Armed Forces of the Russian Federation by March 1 of the year preceding the planned one, the Plan approved by the Council of Heads of Government of the Commonwealth of Independent States for the allocation of funds for the creation and development of the CIS Air Defense System, and extracts from it on the nomenclature of weapons and military equipment manufactured at enterprises of the States parties to the Agreement - to the Ministries of Defense of these countries. states for subsequent inclusion in state defense orders and budget applications. 5. The Ministries of Defense of the States parties to the Agreement send extracts from state defense orders for the nomenclature of weapons, military equipment and other materiel for the CIS air defense systems to the CIS Air Defense Coordination Committee, which brings them to the Interstate Financial and Industrial Group Granit (hereinafter referred to as IFPG Granit). 6. The States Parties to the Agreement participating in common programs and projects agreed upon with the Interstate Commission for Military-Economic Cooperation of the Member States of the Commonwealth of Independent States conclude agreements (contracts) with IFPG Granit for the implementation of relevant programs and projects, which are submitted to the CIS Air Defense Coordination Committee. 7. The ordering departments of the Ministries of Defense of the States parties to the Agreement, on the basis of the Allocation Plan for the creation and development of the CIS Air Defense system and state defense orders of the States parties to the Agreement, conclude contracts for the manufacture and supply of weapons, military equipment and other materiel for the CIS air defense system with the IFPG Granit. 8. The relationship between customers and suppliers of weapons, military equipment and other materiel is regulated by the current documents on the supply of products for military organizations, as well as legal and regulatory documents adopted by the States parties to the Agreement. Customers are required to monitor the timeliness and correctness of the conclusion and execution of contracts, as well as the timeliness of payments under them. 9. The manufacture of weapons and military equipment for the CIS air defense system is carried out in accordance with the specifications approved in accordance with the established procedure and according to current standards. The acceptance of weapons and military equipment for the CIS air defense systems manufactured at the enterprises of the States parties to the Agreement is carried out by the military missions of the Ministries of Defense of these states. A warranty period is established for weapons, military equipment and components supplied by the States parties to the Agreement for the CIS air Defense system in accordance with the technical specifications. 10. Customers of weapons and military equipment make payments for finished products for the CIS air defense systems by paying suppliers' bills in accordance with concluded contracts. 11. The CIS Air Defense Coordination Committee, in order to ensure the implementation of the Plan for allocating funds for the creation and development of the CIS Air Defense System and the unconditional fulfillment of concluded agreements, determines the amount of advance payments to manufacturers of weapons and military equipment for the CIS air Defense system. 12. Mutual supplies of special components for the production of weapons and military equipment for the CIS air defense systems are carried out by enterprises of the States parties to the Agreement.: under contracts with parent manufacturing companies; under direct contracts concluded by MFPG Granit with manufacturers of special components and agreed with customers. 13. The status of the product's purpose "For the CIS Air Defense system" is established by the Council of Defense Ministers of the member States of the Commonwealth of Independent States together with the Interstate Economic Committee of the Economic Union. The procedure for customs clearance and transportation of weapons, military equipment and other materiel for the CIS air defense system across the borders of the States parties to the Agreement is determined by the Regulation on the Provision of Customs and Other Benefits and Exemption from Non-tariff Restrictions on weapons, military equipment and other materiel in the creation and improvement of the unified air defense system of the member States of the Commonwealth of Independent States. 14. The States parties to the Agreement do not have the right to re-export weapons and military equipment supplied for the CIS air Defense system, as well as to provide technical information about it to States that are not parties to this Agreement, without written approval from the CIS Air Defense Coordination Committee. 15 The participating States withdrawing from the Agreement shall compensate the costs of the States parties to the Agreement for assistance in the restoration and improvement of the CIS air defense system in accordance with the procedure established by a separate Agreement.

 Appendix 3

dated April 12, 1996

Regulations on the provision of customs and other benefits and exemption from non-tariff restrictions on armaments, military equipment and other materiel in the creation and improvement of the unified air defense system of the Commonwealth Member States Independent States

1. The States Parties to the Agreement "On the Establishment of a unified air defense system of the Member States of the Commonwealth of Independent States" dated February 10, 1995 (hereinafter referred to as - the States parties to the Agreement) guarantee the provision of benefits for the supply of weapons, military equipment, logistical and transport facilities, military works and services in accordance with the List of military products, works and services used (performed) in the interests of the united air defense system of the member States of the Commonwealth of Independent States (CIS Air Defense System), hereinafter referred to as the List (appendix to these Regulations). 2. The States parties to the Agreement shall export and import military products, works and services in accordance with the List without applying non-tariff restrictions (regulation), customs duties and payments, in compliance with the principle of freedom of transit at the customs borders and territories of the States parties to the Agreement. The States parties to the Agreement exempt military products, works and services produced at enterprises in the interests of the CIS Air Defense System from value-added tax, special tax and income tax. 4. Supplies of weapons, military equipment, logistical and transport facilities, military works and services for the CIS air defense system in accordance with the List are carried out on the basis of the Decision of the Council of Heads of Government of the Commonwealth of Independent States "On assistance in the creation and improvement of the unified air defense system of the member States of the Commonwealth of Independent States" dated November 3, 1995. The basis for the relevant state bodies of the States parties to the Agreement to provide customs and other benefits and exemption from non-tariff restrictions on weapons, military equipment and other materiel supplied for the creation and improvement of the CIS air defense system are the regulatory documents of the States parties to the Agreement, developed on the basis of this Provision, as well as contracts between financial and production entities. relationships, agreed with the Coordinating Committee on Air Defense Issues under the Council of Defense Ministers of the Member States of the Commonwealth of Independent States.

Annex to the Regulation on the Provision of Customs and Other Benefits and Exemption from Non-Tariff Restrictions on Weapons, Military Equipment and Other Materiel in the Creation and Improvement of the Unified Air Defense System of the Participating States The Commonwealth of Independent States

List of military products, works and services used (performed) in the interests of the united air defense system of the participating States The Commonwealth of Independent States

___________________________________________________________________

 Category| Products, works, services

__________|________________________________________________________

1. | Anti-aircraft missile systems and complexes, anti-aircraft guided missiles and similar means for the introduction of hostilities

1.1 |Group and repair kits of spare parts for category 2 products.

1.2 |Auxiliary and logistical special equipment, spare parts and accessories for category 2 goods.

1.3 |Technical documentation (normative and technical, | design, technological, software) for products | categories 2, 2.1, 2.2.

1.4 | Military works and services performed in the interests of the Customer in relation to goods of categories 2, 2.1, 2.2, 2.3.

1.5 |Repair and manufacture of weapons and military equipment at |military repair enterprises.

______________________________________________________________

2. |Automated control systems (automation systems), radar equipment, radio navigation, remote control radio equipment for military purposes and means of radar monitoring of the air situation (radar detection stations)

2.1 |Group and repair kits of spare parts for category 3 products.

2.2 |Auxiliary and logistical special equipment, spare parts and accessories for category 3 goods.

2.3 |Technical documentation (normative and technical, | design, technological, software) for products | categories 3, 3.1, 3.2.

2.4 | Military works and services performed in the interests of the Customer in relation to goods of categories 3, 3.1, 3.2, 3.3.

2.5 |Repair and manufacture of weapons and military equipment at military repair enterprises. ____________________________________________________________

 Special opinion Georgia to the draft "On regulatory documents on the creation and improvement of the Unified Air Defense System of the Participating States The Commonwealth of Independent States"

The decision was signed by Georgia with the note: "Taking into account the national legislation of Georgia." Certain issues related to the improvement of the Georgian air defense system are being resolved on a bilateral basis with the Russian Federation.

Minister of State of Georgia

 Reservations of Ukraine to the Decision on regulatory documents on the creation and improvement of the unified air defense system of the member States of the Commonwealth of Independent States

"1. With the exception of paragraphs 2 and 3 of the Decision, as well as the words "combined" throughout the text of the Decision and Provisions. 2. For Ukraine, the Decision comes into force after ratification by the Parliament of Ukraine. 3. Ukraine will participate in the financing of specific programs only, provided that its potential is used in the implementation of plans, taking into account national legislation."

I hereby certify that the attached text is an authentic copy of the Decision on regulatory documents for the creation and improvement of the Unified Air Defense System of the member States of the Commonwealth of Independent States, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which took place on April 12, 1996 in Moscow. The original copy of the above-mentioned Decision is kept at the Executive Secretariat of the Commonwealth of Independent States.

First Deputy Executive Secretary The Commonwealth of Independent States

President

Republic of Kazakhstan

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