On the ratification of the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the provision of support to the host Country during the exercises by special forces units
The Law of the Republic of Kazakhstan dated March 16, 2017 No. 54-VI SAM.
To ratify the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on providing support to the host Country during the exercises by special forces units, signed in Ankara on January 20, 2016.
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 Turkey on providing support to the host Country during the exercises by special forces units
(Entered into force on October 3, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 5, Article 80
The Government of the Republic of Kazakhstan and the Government of the Republic of Turkey, hereinafter referred to as the Parties,
Taking into account the provisions of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on Cooperation in the field of military Science, Technology and Education dated August 8, 1994 (hereinafter referred to as the Agreement),
Desiring to resolve issues related to the conduct of exercises by special forces units of the armed forces of the two States and the provision of support to the host Country,
We have reached an understanding on the following:
Article 1 Definitions
For the purposes of this Memorandum, the following definitions mean:
1) sending Party - the Party sending a unit with weapons and military equipment, aircraft, special equipment, ammunition, food, medical equipment, as well as other logistical equipment and consumables necessary for the duration of the exercise, authorized for temporary import and use in the territory of the receiving state, which are the property of the sending Party The parties;
2) the receiving Party is the Party hosting and deploying a unit of the sending Party to participate in an exercise on the territory of its state.,
3) host Party support - civil and military support (services) provided by the host Party to the sending Party during the exercise;
4) military authority - the corresponding unit of each of the Parties responsible for conducting the exercise;
5) the area of the exercise is the territory, as well as the airspace above it, designated by the host Party for the exercise.;
6) senior representative of the sending Party - a representative of the military authority of the sending Party, who oversees and controls the personnel of the unit participating in the exercise.
Article 2 Purpose
1. The purpose of this Memorandum is to define the obligations and responsibilities of the Parties, as well as the basic principles of providing support to the host Country during the exercise. This Memorandum also explains the standards, types, levels, and methods of support provided by the host Party to the sending Party during the exercise.
2. The exercises are conducted in accordance with the Exercise Plan approved by representatives of the military authorities of the Parties.
3. The provisions of this Memorandum do not affect the rights and obligations of the Parties arising from other international treaties to which the States of the Parties are parties.
Article 3 Obligations of the receiving Party
For the purposes of this Memorandum, the receiving Party, in accordance with the approved exercise plan and the legislation of its State, carries out the following:
1) promptly invites the sending Party to participate in the exercise;
2) organizes the meeting and departure of the unit of the sending Party at a certain point(s) of entry/exit, as well as its escort on the territory of its state, starting from entry and up to
3) assists in the deployment of a unit of the sending Party in certain areas and localities;
4) provides a briefing on safety rules and regulations regarding the conduct of the exercise prior to the arrival of the host unit in the area of the exercise;
5) authorizes the unit of the sending Party to use the airspace, railways and highways of its state;
6) takes measures to ensure the use of airfields, roads and railways for the import, movement within the country and export from the State of the receiving Party of equipment, weapons and ammunition that will be required by the unit of the sending Party to participate in the exercise;
7) takes the necessary measures to meet the needs of the unit of the sending Party by granting the right to use local funds, including necessary fuel, food, material, vehicles, communications, buildings, medical services, labor and other services provided, including by commercial organizations, at the request and expense of the sending Party;
8) authorizes the use of telephones, fax machines, and radio devices necessary to participate in the exercise;
9) ensures, to the extent possible, that the goods and services provided to the sending Party are standard and at least equivalent to those goods and services provided to its own Armed Forces.
Article 4 Obligations of the sending Party
Within the framework of the provisions of this Memorandum, the unit of the sending Party performs the following:
1) complies with the legislation of the host State, including on safety during events held as part of the exercise;
2) follows detailed mutually agreed procedures and agreements regarding housing and communal services:1 conducting the exercise, as well as administrative issues;
3) inform 45 days before the date of the unit's entry into the territory of the host State about the planned date of arrival and the route of its movement, and also provide, in case of importation into the territory of the host State for participation in the exercise of the necessary weapons and military equipment, special equipment, ammunition and other logistical property, information on their quantity;
4) ensures the careful use of weapons, materiel, and equipment provided by the receiving Party and their return to the military authorities of the receiving Party at the end of the exercise in the same form as they were received.;
5) in the event of a situation when a soldier of the unit of the sending Party is absent from the place for more than 24 hours and whose whereabouts are unknown, immediately inform the receiving Party.;
6) does not participate in political activities in the territory of the host State.
Article 5 Logistics and financing
1. The exercises and preparations for the exercises are conducted in accordance with the laws of the States of the Parties and within the limits of the capabilities of the host Party.
2. The receiving Party does not provide services to the sending Party's unit that are not provided for in this Memorandum. If the sending Party requests the provision of any goods or services, these goods or services may be purchased on the market, provided that the sending Party purchases them at its own expense and enters into a contract with commercial organizations for this purpose.
3. The sending Party should not apply in any form for tax exemption or reduction in the procurement of goods and services related to a contract concluded by the military authorities of the sending Party with commercial organizations.
4 The Sending Party shall not transfer for temporary or permanent use to a third party the means of provision and maintenance provided by the receiving Party without its written consent.
5. At the request of the sending Party, the receiving Party provides weapons, materiel, equipment and ammunition free of charge.
6. The Parties shall discuss the terms of payment for goods and services that could not be provided free of charge under bilateral agreements, the implementation of which will be carried out in the form of cash or money transfer. Besides:
1) the payment made for the purchases of the receiving Party from private companies on behalf of the departments of the sending Party may not be more than the amount that the receiving Party would have paid for its purchases;
2) expenses exceeding the amount that the receiving Party has already paid for the provision of material and services to the sending Party shall not be borne by the receiving Party.
7. Any expenses on behalf of the sending Party will not be paid without notifying the military authorities of the sending Party. Goods and services should not be purchased without informing the military authorities of the sending Party. A senior representative of the sending Party or another official appointed by the military authorities of the sending Party approves invoices and receipts for expenses incurred for the purchase of goods and services on behalf of the sending Party.
8. Unless otherwise agreed, the cost of goods and services purchased by the sending Party from commercial sources, such as food, chartering and laundry services, shall be paid by the sending Party prior to the departure of its unit from the receiving State.
9. The receiving Party provides the personnel of the sending Party's unit with food and accommodation of the same quality as it provides its personnel.
10. As part of the exercise, the legislation of the host State applies to the storage, transportation and disposal of hazardous substances and ammunition.
11. The provision of food and drinking water to the unit of the sending Party during the exercise is carried out by the receiving Party free of charge. At the same time, the preferences of dietary and traditional food of the unit of the guiding Party are respected. Food rations and meals are provided as needed during the exercise.
12. The costs associated with transporting the personnel of the unit involved in the exercise to/from the host Country are borne by the sending Party.
Article 6 Medical care
1. The sending Party shall provide, no later than 45 days before the start of the exercise, a medical report stating that the personnel of the unit of the sending Party are in a condition suitable for participation in the exercise.
2. The sending Party shall ensure that the personnel of the unit of the sending Party are vaccinated against diseases determined by the World Health Organization prior to their entry into the host State, and for this purpose, the personnel carry with them standard certificates determined by the World Health Organization indicating their vaccination.
3. The sending Party does not allow military personnel with any diseases to participate in the exercise. If military personnel with diseases that do not create obstacles to such participation participate in the exercise, the sending Party ensures that such military personnel are sent to the receiving State with the necessary amount of medical supplies.
4. During the exercise, the receiving Party provides emergency medical examination and treatment, dental examination and treatment during the stay of the unit of the sending Party in the territory of the receiving State. Medical care is provided:
1) through accessible military medical facilities (infirmaries, central clinics) outside the exercise area;
2) through the medical center in the area of the exercise;
3) by providing an ambulance and a driver.
5. In the event of an emergency on the territory of the receiving State, the receiving Party, in accordance with the legislation of its State, may allow the aircraft of the sending Party, including rescue helicopters, to use its airspace.
6. Along with medical examination and treatment, dental examination and treatment provided in military medical institutions, medical evacuation within the territory of the receiving State is provided by the receiving Party free of charge.
7. If the sending Party intends to transport the patient for treatment to a non-military medical institution or another State, then the responsibility and costs associated with transportation and treatment in the chosen medical institution are borne by the sending Party.
8. The military authorities of the sending Party shall bear the costs of air transportation to a non-military medical facility, as well as the treatment of personnel in non-military medical facilities provided on the territory of the receiving State, except if there are international agreements on medical or social security between the States of the Parties. In the absence of such international agreements, the military authorities of the sending Party pay the costs directly to the relevant institutions of the receiving Party.
9. The medical center provides emergency medical services and daily checkups. The receiving Party provides emergency telephone lines and an ambulance for out-of-hours visits.
Article 7 Procedure in case of death of a representative of the sending Party
1. In case of death of a person from the personnel of the unit of the sending Party, the receiving Party is immediately informed. The doctor of the receiving Party issues a death certificate.
2. If the competent authority of the receiving Party concludes that an autopsy of the body is necessary, the autopsy is performed in accordance with the legislation of the receiving State by a doctor who will be appointed for these purposes. The sending Party may also appoint a doctor to participate in the autopsy, the time and place of which are determined by the military authorities of the receiving Party.
3. Transportation of the body to the State of the sending Party is carried out in accordance with the legislation of the receiving State at the expense of the sending Party.
Article 8 Environmental protection
1. During the planning, preparation and conduct of the exercise, the sending Party ensures compliance with the legislation of the receiving State on environmental protection. Waste generated as a result of activities under this Memorandum is collected in designated areas. The receiving Party notifies about such zones one week before the start of the exercises.
2. According to the basic principle of environmental protection, "costs lie where they fell", compensation for environmental damage and waste management costs is borne by the Party that produced the waste.
3. The receiving Party notifies the sending Party about the requirements of the legislation of its state on environmental protection 45 days before the arrival of the unit.
Article 9 Legal issues
The legal issues related to the implementation of this Memorandum are regulated by article 7 of the Agreement.
Article 10 Protection of military information
The issues of protection of military information within the framework of this Memorandum are regulated by Article 5 of the Agreement.
Article 11 Dispute resolution
1. In case of disputes and disagreements in the interpretation or application of the provisions of this Memorandum, the Parties resolve them through consultations and negotiations between the military authorities of the Parties.
2. In the event that the provisions of this Memorandum and the Agreement contradict each other, the provisions of the Agreement shall apply depending on the specific issue.
Article 12 Amendments and additions
1. By mutual agreement of the Parties, amendments and additions may be made to this Memorandum, which are formalized by protocols and are integral parts of this Memorandum.
2. Protocols on amendments and additions shall enter into force in accordance with the procedure provided for in article 13 of this Memorandum.
Article 13 Entry into force, term and termination
This Memorandum shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.
This Memorandum is concluded for a period of one year and is automatically extended for subsequent annual periods, unless either Party notifies the other Party in writing through diplomatic channels no later than 30 days before the expiration of this Memorandum of its intention to terminate it.
In the event that this Memorandum is terminated during the exercise, the provisions of this Memorandum remain in force until the personnel and equipment of the sending Party leave the territory of the receiving State.
The termination of this Memorandum does not affect the resolution of any disputes arising between the Parties related to the exercise.
Done in Ankara on January 20, 2016 in two original copies, each in Kazakh, Turkish, Russian and English, having equal validity.
In case of disagreement in the interpretation of this Memorandum, the Parties refer to the English text.
For the Government of the Republic of Kazakhstan
For the Government of the Republic of Turkey
RCPI's note! The following is the text of the Memorandum in Turkish and English.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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