On the ratification of the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the Republic of India on the procedure for the joint deployment of the Kazakh peacekeeping contingent as part of the Indian battalion in the United Nations Interim Force in Lebanon (UNIFIL)
The Law of the Republic of Kazakhstan dated October 29, 2018 No. 188-VI SAM.
To ratify the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the Republic of India on the procedure for the joint deployment of the Kazakh peacekeeping contingent as part of the Indian battalion in the United Nations Interim Force in Lebanon (UNIFIL), signed in Astana on August 21, 2018.
President of the Republic of Kazakhstan
N. NAZARBAYEV
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF THE REPUBLIC OF INDIA ON THE PROCEDURE FOR THE JOINT DEPLOYMENT OF THE KAZAKH PEACEKEEPING CONTINGENT AS PART OF THE INDIAN BATTALION IN THE UNITED NATIONS INTERIM FORCE IN LEBANON (UNIFIL)
(Temporarily applied from August 21, 2018 - Bulletin of International Treaties of the Republic of Kazakhstan 2018, No. 5, art. 61)
The Government of the Republic of Kazakhstan and the Government of the Republic of India, hereinafter referred to as the Parties,
Whereas the United Nations Interim Force in Lebanon (BCOOHJI) was established in accordance with resolutions 425 and 426 (1978) United Nations Security Council (UNSC) of March 19, 1978 and 1701 of August 11, 2006,
Having regard to the Agreement between the United Nations and the Government of Lebanon on the Status of UNIFIL (hereinafter referred to as SOFA), signed on 15 December 1995,
Bearing in mind the Memorandum of Understanding between the United Nations and the Government of the Republic of India providing resources to the United Nations Interim Force in Lebanon (UNIFIL),
for the purpose of joint deployment of the armed forces of the two States in the United Nations Interim Force in Lebanon (UNIFIL),
We have reached an understanding on the following:
Article 1 Purpose and scope of application
1.1 The purpose of this Memorandum is to define policies, procedures and arrangements between the Parties for planning and implementing the deployment, command and control, and provision of the Kazakh peacekeeping contingent as part of the Indian Battalion (INDBAT) in UNIFIL.
1.2 The duration of the joint deployment is one rotation and may be extended for subsequent rotations, respectively. The term of one rotation is six months. Due to the operational situation, as well as the situation with logistical and logistical support, the period of one rotation may exceed six months.
1.3 This Memorandum does not intend to conflict with the applicable law of the States of the Parties or international treaties applicable to the Parties. In case of contradictions, the current law of the States of the Parties will prevail. The parties shall immediately inform about the occurrence of such a contradiction.
1.4 The technical conditions for the joint deployment of the Kazakh peacekeeping contingent as part of the Indian Battalion (INDBAT) in BCOOHJI are defined in the Technical Agreement to this Memorandum concluded between the Ministries of Defense of the two states.
1.5 In the event of a conflict between this Memorandum and the Technical Agreement, the provisions of this Memorandum will prevail.
Article 2 Definitions
2.1 The following definitions are used in this Memorandum:
2.2 "Administrative management" means the management or exercise of authority over subordinates or other organizations in administrative matters, which are specified on a case-by-case basis. It may include the management of personnel, supplies, services, and other non-operational matters of subordinates or other organizations.
2.3 "RPO" is the area of operations of BCOOHJI.
2.4 "UN Base 4-2" is the main camp and headquarters of the INDBAT battalion with logistical facilities, including prefabricated houses, living quarters, facilities and areas for the deployment of UN personnel.
2.5 "Indian Infantry Battalion (INDBAT)" - personnel of the infantry battalion group of the Army of the Republic of India deployed in support of BCOOHJI under the operational command of the Commander of the UN forces
2.6 "Kazakhstan Peacekeeping Contingent" is a Kazakhstani company deployed under the operational command of the Battalion Commander.
2.7 "Kazakhstan Company" is a rifle company consisting of 120 military personnel, including two staff officers as part of the battalion headquarters.
2.8 "Indo-Kazakh Battalion (INDKAZBAT)" - joint deployment of the Kazakh peacekeeping contingent as part of the Indian Battalion Group (INDBAT) in BCOOHJI.
2.9 "Commander (CO)" - the commander of the elements of the Indian battalion, which is under the operational command of the Commander of the forces in accordance with the guiding documents of the United Nations. The infantry battalion commander is based at UN Base 4-2 and is called "CO". He is also the commander of the Indian Battalion.
2.10 "Commander of the Kazakh company" - the commander of the elements of the Kazakh company under the command of the commander of the Battalion and under the operational command of the commander of the forces in accordance with the guiding documents of the United Nations.
2.11 "Full control" means the military authority and responsibility of a superior official to give orders to subordinates. Covers all aspects of military operations and administration.
2.12 The "lead State" is the Republic of India, the country providing the battalion commander and most of the troops, logistical and logistical support for the joint deployment of the Indian Battalion in UNIFIL. The lead State is responsible for coordinating the logistical and logistical support of the Supporting State within the functional area of joint deployment operations.
2.13 The "supporting State" is the Republic of Kazakhstan, a country providing its troops and logistical contributions to the joint deployment as part of the Indian Battalion in UNIFIL.
2.14 "Self-sufficiency" is the ability of one of the Parties, partially or completely compensated by the United Nations, to provide its contingent with logistical and logistical support for the contingent's non-essential equipment and supplies for the duration of the peacekeeping mission.
2.15 "Major equipment" - the ability of one of the parties, compensated by the United Nations, to provide its contingent with the main items of equipment for the unit.
2.16 "Operational Command (OPCON)" is the authority delegated to a commander to manage subordinate forces in such a way that the commander can carry out certain missions or tasks that are usually limited in nature, time or location, deploy relevant units, maintain or transfer tactical control over these units. It does not include the authority to assign individual tasks to any components or divisions of the INDKAZBAT.
2.17 "Senior National Representative (SNP)" is an officer who is senior to the relevant peacekeeping contingent deployed in the UNIFIL mission area. The commander of the Kazakh company is the senior national representative in the camp for the Kazakh peacekeeping contingent in Indkazbat and is under the operational command of the commander of INDKAZBAT.
2.18 "National reservations" are restrictions imposed by the Government of the Republic of Kazakhstan on the deployment, operations, logistics, logistics and other issues of the supporting State during deployment under the command of INDKAZBAT. National reservations are transmitted to the Lead State and mutually agreed upon prior to deployment.
2.19 "Red card holder" is an officer appointed and authorized to apply the national reservations existing for each of the Parties. Within the framework of this Memorandum, the holder of the red card is the senior national representative of the Republic of Kazakhstan.
Article 3 Contribution
3.1 India, as the Lead State, provides command, control and headquarters for a battalion, three rifle companies, a mechanized infantry company, a headquarters company and a support company, for a total of 730 military personnel.
3.2 Kazakhstan, as a Supporting State, provides a rifle company, which consists of 120 military personnel, including two staff officers as part of the battalion headquarters.
3.3 The personnel of the Kazakh peacekeeping contingent must have official passports for deployment to UNIFIL.
3.4 The total number of INDKAZBAT is 850 people.
3.5 The organizational and staff structure of the Kazakhstan company is determined by the Parties in the Technical Agreement to this Memorandum.
3.6 The issue of sending personnel to UNIFIL and the headquarters of the eastern sector of UNIFIL is subject to settlement between the Parties and the United Nations and is not the subject of this Memorandum.
3.7 The Kazakh peacekeeping contingent is deployed with its personal weapons. The deployment of major assets in UNIFIL is the subject of relations between the Lead State and the United Nations. Any additional deployment of major assets to UNIFIL, including those belonging to the Kazakh peacekeeping contingent, is the subject of discussions between the Lead State and the United Nations.
3.8 The UN supports the contingent in all relevant categories, with the exception of laundry and cleaning services, general and night surveillance facilities, basic medical and level 1 care, and dental care.
3.9 The Indian Side provides the Kazakh peacekeeping contingent with basic and 1st-level medical care, as well as dental care.
3.10 The Kazakh peacekeeping contingent independently provides itself with laundry and cleaning services, as well as general and night surveillance facilities for its personnel in accordance with the requirements/instructions of the United Nations.
3.11 The Parties agree that the United Nations conducts quarterly inspections of equipment owned by the contingents of the Lead and Supporting States.
Article 4 Command and control
4.1 INDKAZBAT operates under the operational and administrative control of BCOOHJI. The right of appointment to the post of commander of the Battalion belongs to the Leading State. The right of appointment to the post of commander of the Kazakh company belongs to the Supporting state.
4.2 INDKAZBAT is under the full control of the commander of INDBAT.
In accordance with national procedures, the Parties will delegate to the Operational Commander-in-Chief the appropriate level of command and control, usually operational management.
4.3 The Commander of the Indian Battalion and the Permanent Mission of the Republic of India to the United Nations are the contact persons for correspondence with the headquarters of BCOOHJI and the headquarters of the United Nations, respectively.
Article 5 Preparation
5.1 Each Party is responsible for conducting its own national pre-deployment training in accordance with the UN guidelines.
5.2 The training of the main group of personnel of the Kazakh peacekeeping contingent within the framework of the mutually agreed strength according to this Memorandum is carried out at the UN Peacekeeping Training Center in New Delhi, which subsequently provides training and selection of personnel deployed as part of the Indian Battalion.
5.3 The Indian Side provides assistance in training, consultations and other assistance, as well as participates in the pre-deployment training of the Kazakh peacekeeping contingent.
5.4 The Indian Side will be responsible for developing an agreed joint training program and conducting it by a Mobile Training Group sent to the Republic of Kazakhstan for mutually agreed terms to improve the skills of selected personnel.
5.5 The Party in whose territory the Kazakh peacekeeping contingent is being trained provides, at its own expense, local transportation, accommodation and meals on the same terms as its military personnel.
5.6 Selected staff officers of the Lead State may attend pre-deployment training as required.
Article 6 Rotation
6. The rotation of the Kazakh peacekeeping contingent from the Republic of Kazakhstan to UNIFIL and back is organized by the Kazakh Side in cooperation with the United Nations and the Leading State. The costs of the rotation will be covered by the Kazakh Side, unless otherwise agreed with the UN.
Article 7 Status of forces
7.1 Issues of jurisdiction between the Parties and the Lebanese authorities are regulated by the Agreement between the United Nations and the Government of Lebanon on the Status of the UN Interim Force in Lebanon dated December 15, 1995. The staff of INDKAZBAT is subject to the exclusive jurisdiction of the State concerned in relation to any criminal offences that they may have committed in Lebanon.
7.2 The staff of the Indian Battalion may not be arrested or detained, criminally or administratively prosecuted for actions taken in the performance of their duties in accordance with the mission's Mandate.
Article 8 Discipline
8.1 The observance of military discipline is carried out strictly in accordance with national legislation with the application of national disciplinary practice.
8.2 Any complaints of disciplinary misconduct committed by the personnel of the Kazakh peacekeeping contingent are brought to the attention of the Senior National Representative of India and the Commander of the Indian Battalion (performs the duties of the senior national representative), the senior national representative of the Kazakh peacekeeping contingent and the commander of the Kazakh company (performs the duties of the senior national representative).
8.3 Any complaints of disciplinary misconduct committed by a member of the Kazakh peacekeeping contingent are investigated by the senior national representative of the Republic of Kazakhstan with the necessary information on the progress of the investigation to the commander of the Battalion. Investigations are conducted in accordance with identical national procedures of the Parties.
8.4 The Kazakh company for conducting investigations in connection with the misconduct of the personnel of the Kazakh peacekeeping contingent includes at least one soldier with the necessary legal knowledge in accordance with the guiding documents of the United Nations.
8.5 The Senior national Representative of the Kazakh peacekeeping contingent informs the command of the Indian Battalion about the results of the investigations and the measures taken in this regard.
Article 9 Claims
9.1 Claims between the Parties are considered in accordance with the national legislation of the State of the Party in respect of which the claims are filed.
9.2 The United Nations is responsible for any third-party claims where loss or damage to their property, death or injury has been caused by personnel or equipment provided by the relevant party while performing tasks or any other activity or operation in UNIFIL.
9.3 In the event of loss, damage, death or injury resulting from gross negligence or intentional misconduct by the personnel providing the relevant Party, that Party is responsible for such claims.
9.4 Without prejudice to the claims procedure at UNIFIL, each Party may be liable for third-party claims for damages or harm caused as a result of the actions and omissions of its personnel.
9.5 All claims against the United Nations will be decided by the Lead State.
9.6 To the extent that their national legislation permits, in such cases where it is established that both Parties are jointly and severally liable for damages to a third party, the Parties involved are jointly and severally responsible for the settlement of the claim, each paying a proportionately distributed portion depending on their degree, if the claim is not settled by the UN.
Article 10 Use of force
10.1 The Rules of Use of Force in UNIFIL are a separate document communicated through the UN command.
10.2 National reservations to the Rules of Use of Force in UNIFIL and/or other aspects that may affect the ability of one of the parties to participate in operations in accordance with the rules of use of force approved for UNIFIL are brought to the attention of the Indian Side no later than one month prior to the start of deployment.
10.3 The senior national Representative of the Kazakh peacekeeping contingent/red card holder is the person authorized to report on the national reservations of the Republic of Kazakhstan to the Rules of Use of Force in UNIFIL.
10.4 Any changes to national reservations must be notified in advance to the commander of the Battalion by the senior national representative of the Kazakh peacekeeping contingent.
Article 11 Protection of forces
11.1 Each Party independently ensures the protection of its contingents.
11.2 All contingent protection activities are coordinated to ensure maximum protection, mutual support and integration.
11.3 The issues of coordinating the protection of the contingents are defined in the Technical Agreement to this Memorandum.
Article 12 Financial arrangements
12.1 Reimbursement of expenses for fixed assets and self-sufficiency is carried out by the Permanent Mission of the Republic of India to the United Nations to the bank account of the Ministry of Finance of the Republic of Kazakhstan in the same amount as credited to the account of the State Bank of the Republic of India in New York.
12.2 Monthly reimbursement of expenses for the participation of personnel in UNIFIL/allowance for service abroad of the Kazakh peacekeeping contingent in UNIFIL is provided by the Permanent Mission of the Republic of India to the United Nations by transfer to the bank account of the Ministry of Defense of the Republic of Kazakhstan for subsequent direct payments to Kazakhstani military personnel participating in UNIFIL.
12.3 The daily allowance is established by the United Nations and paid in cash by an officer of the financial service of the Indian Battalion to the commander of the Kazakh company for distribution to the Kazakh peacekeeping contingent on a monthly basis for the number of days of deployment in the past month upon receipt from UNIFIL headquarters.
12.4 The regular leave allowance is paid by the United Nations to members of military contingents for 15 days for each completed six months of deployment in accordance with a resolution of the General Assembly. The current rate is $10.5 per person per day for 15 days. The allowance is paid in cash by an officer of the financial service of the Indian Battalion to the commander of the Kazakh company for distribution to the Kazakh peacekeeping contingent upon receipt from the headquarters of UNIFIL.
12.5 The scheme of the procedure for payment of compensation payments by the Indian Battalion to the Kazakh peacekeeping contingent is defined in Appendix A to this Memorandum.
12.6 The procedures for payment of compensation payments for the joint deployment of the Kazakh peacekeeping contingent and the Indian Battalion in UNIFIL are defined in Annex B to this Memorandum.
Article 13 Information security
3.9 The Indian Side provides the Kazakh peacekeeping contingent with basic and 1st-level medical care, as well as dental care.
3.10 The Kazakh peacekeeping contingent independently provides itself with laundry and cleaning services, as well as general and night surveillance facilities for its personnel in accordance with the requirements/instructions of the United Nations.
3.11 The Parties agree that the United Nations conducts quarterly inspections of equipment owned by the contingents of the Lead and Supporting States.
Article 4 Command and control
4.1 INDKAZBAT operates under the operational and administrative control of BCOOHJI. The right of appointment to the post of commander of the Battalion belongs to the Leading State. The right of appointment to the post of commander of the Kazakh company belongs to the Supporting state.
4.2 INDKAZBAT is under the full control of the commander of INDBAT.
In accordance with national procedures, the Parties will delegate to the Operational Commander-in-Chief the appropriate level of command and control, usually operational management.
4.3 The Commander of the Indian Battalion and the Permanent Mission of the Republic of India to the United Nations are the contact persons for correspondence with the headquarters of BCOOHJI and the headquarters of the United Nations, respectively.
Article 5 Preparation
5.1 Each Party is responsible for conducting its own national pre-deployment training in accordance with the UN guidelines.
5.2 The training of the main group of personnel of the Kazakh peacekeeping contingent within the framework of the mutually agreed strength according to this Memorandum is carried out at the UN Peacekeeping Training Center in New Delhi, which subsequently provides training and selection of personnel deployed as part of the Indian Battalion.
5.3 The Indian Side provides assistance in training, consultations and other assistance, as well as participates in the pre-deployment training of the Kazakh peacekeeping contingent.
5.4 The Indian Side will be responsible for developing an agreed joint training program and conducting it by a Mobile Training Group sent to the Republic of Kazakhstan for mutually agreed terms to improve the skills of selected personnel.
5.5 The Party in whose territory the Kazakh peacekeeping contingent is being trained provides, at its own expense, local transportation, accommodation and meals on the same terms as its military personnel.
5.6 Selected staff officers of the Lead State may attend pre-deployment training as required.
Article 6 Rotation
6. The rotation of the Kazakh peacekeeping contingent from the Republic of Kazakhstan to UNIFIL and back is organized by the Kazakh Side in cooperation with the United Nations and the Leading State. The costs of the rotation will be covered by the Kazakh Side, unless otherwise agreed with the UN.
Article 7 Status of forces
7.1 Issues of jurisdiction between the Parties and the Lebanese authorities are regulated by the Agreement between the United Nations and the Government of Lebanon on the Status of the UN Interim Force in Lebanon dated December 15, 1995. The staff of INDKAZBAT is subject to the exclusive jurisdiction of the State concerned in relation to any criminal offences that they may have committed in Lebanon.
7.2 The staff of the Indian Battalion may not be arrested or detained, criminally or administratively prosecuted for actions taken in the performance of their duties in accordance with the mission's Mandate.
Article 8 Discipline
8.1 The observance of military discipline is carried out strictly in accordance with national legislation with the application of national disciplinary practice.
8.2 Any complaints of disciplinary misconduct committed by the personnel of the Kazakh peacekeeping contingent are brought to the attention of the Senior National Representative of India and the Commander of the Indian Battalion (performs the duties of the senior national representative), the senior national representative of the Kazakh peacekeeping contingent and the commander of the Kazakh company (performs the duties of the senior national representative).
8.3 Any complaints of disciplinary misconduct committed by a member of the Kazakh peacekeeping contingent are investigated by the senior national representative of the Republic of Kazakhstan with the necessary information on the progress of the investigation to the commander of the Battalion. Investigations are conducted in accordance with identical national procedures of the Parties.
8.4 The Kazakh company for conducting investigations in connection with the misconduct of the personnel of the Kazakh peacekeeping contingent includes at least one soldier with the necessary legal knowledge in accordance with the guiding documents of the United Nations.
8.5 The Senior national Representative of the Kazakh peacekeeping contingent informs the command of the Indian Battalion about the results of the investigations and the measures taken in this regard.
Article 9 Claims
9.1 Claims between the Parties are considered in accordance with the national legislation of the State of the Party in respect of which the claims are filed.
9.2 The United Nations is responsible for any third-party claims where loss or damage to their property, death or injury has been caused by personnel or equipment provided by the relevant party while performing tasks or any other activity or operation in UNIFIL.
9.3 In the event of loss, damage, death or injury resulting from gross negligence or intentional misconduct by the personnel providing the relevant Party, that Party is responsible for such claims.
9.4 Without prejudice to the claims procedure at UNIFIL, each Party may be liable for third-party claims for damages or harm caused as a result of the actions and omissions of its personnel.
9.5 All claims against the United Nations will be decided by the Lead State.
9.6 To the extent that their national legislation permits, in such cases where it is established that both Parties are jointly and severally liable for damages to a third party, the Parties involved are jointly and severally responsible for the settlement of the claim, each paying a proportionately distributed portion depending on their degree, if the claim is not settled by the UN.
Article 10 Use of force
10.1 The Rules of Use of Force in UNIFIL are a separate document communicated through the UN command.
10.2 National reservations to the Rules of Use of Force in UNIFIL and/or other aspects that may affect the ability of one of the parties to participate in operations in accordance with the rules of use of force approved for UNIFIL are brought to the attention of the Indian Side no later than one month prior to the start of deployment.
10.3 The senior national Representative of the Kazakh peacekeeping contingent/red card holder is the person authorized to report on the national reservations of the Republic of Kazakhstan to the Rules of Use of Force in UNIFIL.
10.4 Any changes to national reservations must be notified in advance to the commander of the Battalion by the senior national representative of the Kazakh peacekeeping contingent.
Article 11 Protection of forces
11.1 Each Party independently ensures the protection of its contingents.
11.2 All contingent protection activities are coordinated to ensure maximum protection, mutual support and integration.
11.3 The issues of coordinating the protection of the contingents are defined in the Technical Agreement to this Memorandum.
Article 12 Financial arrangements
12.1 Reimbursement of expenses for fixed assets and self-sufficiency is carried out by the Permanent Mission of the Republic of India to the United Nations to the bank account of the Ministry of Finance of the Republic of Kazakhstan in the same amount as credited to the account of the State Bank of the Republic of India in New York.
12.2 Monthly reimbursement of expenses for the participation of personnel in UNIFIL/allowance for service abroad of the Kazakh peacekeeping contingent in UNIFIL is provided by the Permanent Mission of the Republic of India to the United Nations by transfer to the bank account of the Ministry of Defense of the Republic of Kazakhstan for subsequent direct payments to Kazakhstani military personnel participating in UNIFIL.
12.3 The daily allowance is established by the United Nations and paid in cash by an officer of the financial service of the Indian Battalion to the commander of the Kazakh company for distribution to the Kazakh peacekeeping contingent on a monthly basis for the number of days of deployment in the past month upon receipt from UNIFIL headquarters.
12.4 The regular leave allowance is paid by the United Nations to members of military contingents for 15 days for each completed six months of deployment in accordance with a resolution of the General Assembly. The current rate is $10.5 per person per day for 15 days. The allowance is paid in cash by an officer of the financial service of the Indian Battalion to the commander of the Kazakh company for distribution to the Kazakh peacekeeping contingent upon receipt from the headquarters of UNIFIL.
12.5 The scheme of the procedure for payment of compensation payments by the Indian Battalion to the Kazakh peacekeeping contingent is defined in Appendix A to this Memorandum.
12.6 The procedures for payment of compensation payments for the joint deployment of the Kazakh peacekeeping contingent and the Indian Battalion in UNIFIL are defined in Annex B to this Memorandum.
Article 13 Information security
13.1 Any information and equipment exchanged or created in connection with this Memorandum is used, transmitted, stored, processed and protected in accordance with the national legislation of the State of each Party.
13.2 The Parties shall take all lawful measures to protect the official information of operational, logistical and logistical purposes arising in connection with the implementation of this Memorandum. Such information should be used solely for the purposes of this Memorandum.
Article 14 Driving vehicles
14.1 The commander of the Indian Battalion provides the Kazakh peacekeeping contingent with appropriate vehicles, which are operated by the personnel of the Kazakh company. For these purposes, a Kazakh company must have at least 10 military personnel trained in driving light and medium vehicles.
14.2 Separate auxiliary vehicles and ambulances are located in the central fleet at the disposal of the Battalion Commander.
Article 15 Uniforms, emblems and flags
15.1 The uniforms, emblems and flags comply with the standard instructions of UNIFIL headquarters and national regulations.
15.2 The wearing of civilian clothes in the area of operations is permitted only in accordance with the standard instructions of UNIFIL headquarters and the orders of the Commander of the Battalion.
Article 16 Means of communication and information systems
16.1 The United Nations provides and maintains certain communications and information systems.
16.2 The Parties independently organize the availability and use of means for national feedback.
16.3 The Parties shall comply with the relevant procedures regarding the safety rules for the use of communications and information systems.
16.4 Issues of communications and information systems are defined in the Technical Agreement to this Memorandum.
Article 17 Medical care
17.1 The medical standards of deployed troops must comply with the UN guidelines on this issue.
17.2 The lead State provides a UN Level 1 hospital based on UN 4-2. Strategic medical evacuation is provided independently by each of the Parties in cooperation with the headquarters of UNIFIL. The Indian Side provides ambulance facilities/facilities in the area of operations on demand.
17.3 Medical support issues are defined in the Technical Agreement to this Memorandum.
Article 18 Vacation
18. Vacations for the military personnel of the Kazakh peacekeeping contingent are provided by the Kazakh Side in accordance with the procedure established for UNIFIL.
Article 19 Bilateral Military Coordination Group (DVKG)
19.1 In order to coordinate the contributions of the Parties, as well as to develop technical recommendations and guidelines for the implementation of this Memorandum and the Technical Agreement to it, a bilateral military coordination group (DVKG) is being established under the leadership of a representative of the Indian Side.
19.2 The DCG consists of representatives of the Parties, a military adviser at the Permanent Mission of the Republic of India to the United Nations and a military adviser at the Permanent Mission of the Republic of Kazakhstan to the United Nations.
19.3 The meetings of the DVKG are held systematically.
19.4 All decisions of the DVKG are made on the basis of consensus and are submitted for execution to the INDKAZBATu.
Article 20 Disputes
20.1 Any disputes concerning the interpretation or application of this Memorandum are resolved through consultations between the Parties and will not be referred to a national or international court of justice or a third party.
20.2 In cases where it is impossible to resolve such disputes, the issue is referred to the DVKG.
Article 21 Amendments
21. Amendments and additions may be made to this Memorandum at any time by mutual agreement of the Parties in writing, which are formalized in separate protocols and are an integral part of this Memorandum.
Article 22 Period of validity and termination
22.1 This Memorandum is temporarily applied from the date of signing to the extent that it does not contradict the national legislation of the Republic of Kazakhstan.
22.2 This Memorandum shall enter into force on the date of receipt by the Indian side through diplomatic channels of notification on the conduct by the Kazakh side of domestic procedures for the entry into force of this Memorandum.
22.3 This Memorandum is valid for the period of the joint deployment of INDKAZBAT in the UNIFIL mission, as determined by the Parties.
22.4 Either Party may terminate this Memorandum by notifying the other Party in writing through diplomatic channels. In this case, this Memorandum shall terminate upon the expiration of 90 days from the date of receipt by the other Party of such written notification.
22.5 In the event of termination of this Memorandum, the provisions of article 9 (Claims), article 12 (Financial Arrangements), article 13 (Information Security), and Article 20 (Disputes) will remain in effect until all outstanding payments, claims, and disputes regarding information security are resolved.
22.6 Done in Astana on August 21, 2018, in two original copies, each in Kazakh, Hindi, Russian and English, all texts being equally authentic.
22.7 In case of discrepancies in the interpretation and application of this Memorandum, the English text shall prevail.
For the Government of the Republic of Kazakhstan
For the Government of the Republic of India
Annex A (provided for in paragraph 12.5 of Article 12 of this Memorandum)
The scheme of the procedure for payment of compensation payments by India to Kazakhstan for the deployment of the Kazakh peacekeeping contingent with an battalion in UNIFIL
Annex B (provided for in paragraph 12.6 of Article 12 of this Memorandum)
1. UNIFIL conducts a quarterly inspection of the contingent's existing assets and submits an inspection report to the United Nations Claims and Memorandum Management Division of the Department of Field Support at UN Headquarters.
2. Based on the inspection report, the UN Headquarters calculates the payments due for the contingent, including expenses for the participation of personnel, basic equipment and self-sufficiency, to the bank account of the State Bank of the Republic of India in New York.
3. The UN Headquarters also sends explanations of the transaction to the Permanent Mission of the Republic of India in New York, including a report on the inspection of the available contingent assets, and calculations containing data on deductions. These reports, in turn, are sent to the Office of the Chief Auditor of the Financial Department of the Ministry of Defense of the Republic of India in New Delhi. Reports on the inspection of the contingent's existing assets and calculations containing deduction data are also transmitted to the relevant contingents and financial departments in the missions.
4. The Commander of the Indian Battalion calculates the total payments received from the UN by the Indian and Kazakh Sides. The same is checked by the Head of the Financial Department of the mission and sent to the Office of the Chief Military Auditor of the Financial Department of the Ministry of Defense of the Republic of India for financial advice from the Permanent Mission of the Republic of India in New York. The Office of the Chief Military Auditor of the Financial Department of the Ministry of Defense of the Republic of India in New York transmits instructions to the Permanent Mission of the Republic of India in New York to transfer the appropriate amount. The Permanent Representative of the Republic of India in New York, in turn, instructs the State Bank of India in New York to transfer the appropriate amount to mutually agreed bank accounts provided by the Permanent Mission of the Republic of Kazakhstan to the United Nations.
5. Claims in case of injury and death. Claims in case of injury or death of Kazakhstani servicemen during their stay in UNIFIL are considered through the Permanent Mission of the Republic of India to the United Nations. Compensation payments are transferred to the Kazakh Side upon receipt from the United Nations to the same bank account of the Ministry of Defense of the Republic of Kazakhstan, unless otherwise agreed by the Permanent Mission of the Republic of Kazakhstan to the United Nations.
RCPI's note! The text of the Memorandum is attached in Hindi and English.
President
Republic of Kazakhstan
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