On the ratification of the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America dated July 10, 2002

Home / RLA / On the ratification of the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America dated July 10, 2002

Law of the Republic of Kazakhstan dated December 23, 2008 No. 107-IV

To ratify the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America, signed in Astana on July 10, 2002.

President of the Republic of Kazakhstan N. Nazarbayev

Memorandum of Understanding between the Government of the Republic of Kazakhstan and By the Government of the United States of America

The Government of the Republic of Kazakhstan and the Government of the United States of America, hereinafter referred to as the Parties, Taking into account the strategic nature of relations between the Republic of Kazakhstan and the United States of America; Expressing readiness for close cooperation within the framework of Operation Enduring Freedom to combat international terrorism, religious and political extremism at the bilateral level; Reaffirming its commitment to the provisions of the Charter on Democratic Partnership between the Republic of Kazakhstan and the United States of America dated February 14, 1994, the Kazakh-American Joint Statement on Terrorism dated November 3, 1998, and the Memorandum of Understanding on Flights of U.S. Military Aircraft Involved in Operation Enduring Freedom dated December 16, 2001; Recognizing the application of the Agreement between the North Atlantic Treaty Organization Member States and other States participating in the Partnership for Peace Program regarding the Status of their Troops, signed in Brussels on June 19, 1995 (PfP SOFA) to U.S. personnel operating under this Memorandum; Referring to the previously reached bilateral agreements on military cooperation and expressing their intention to strengthen them; Reached an understanding on the following issues:

I. Taking into account the request of the Government of the United States of America to the Government of the Republic of Kazakhstan to provide Almaty International Airport (hereinafter referred to as the airport) as an alternate airfield for US military aircraft operating from Manas, Kyrgyzstan, in support of Operation Enduring Freedom, the Government of the Republic of Kazakhstan agrees to provide the airport as an alternate airfield with the following conditions:

1. US aircraft may make an unplanned landing at the airport only in cases of on-board emergencies that endanger flight safety and require immediate landing of the aircraft, due to weather conditions below the minimum required level for landing at Manas or emergency closure of the Manas runways. The Government of the Republic of Kazakhstan has the right to refuse to use the airport as an alternate airfield for making an unplanned landing due to weather conditions below the minimum required level for landing at the airport, in the event of an emergency closure of the airport runway, in connection with the takeoff or landing of a particularly important flight from/to the airport (except in cases where the landing is requested by an aircraft, in an emergency situation). All US aircraft making an unplanned landing at the airport will leave the airport after the reasons for the unplanned landing have been eliminated.

2. U.S. aircraft will not be based at the airport.

3. This Memorandum does not provide for permanent residence of U.S. military personnel in/or near the airport. In the event that US aircraft that have made an unplanned landing at the airport require an extension of their stay for the reasons specified in Paragraph I of this Memorandum, and the crews will have to stay in hotels in Almaty, taking into account Article VI of the PfP SOFA agreement, the personal weapons of the crew members will be seized at the airport by employees of the Office of the US Military Attache and stored at the U.S. Embassy in Almaty. Such weapons will be returned by the staff of the Office of the US Military Attache to the crew members upon their return to their plane at the airport.

4. The United States Government will pay for all airport services requested and received, as well as boarding and parking, at acceptable rates no less favorable than the published rates paid by commercial aircraft for similar services. Payment for all airport services requested and received, including boarding and parking, will be made by the United States Government within one month from the date of provision of the requested services. The Government of the Republic of Kazakhstan will provide air navigation services without payment from the US aircraft involved in Operation Enduring Freedom while these aircraft are in the airspace of Kazakhstan.

II. For the purposes specified in paragraph I of this Memorandum, the Government of the Republic of Kazakhstan will determine the following single number of the diplomatic permit for flights and landings at the airport: MFA 110/025 KZN 02. In order to comply with the provisions of this Memorandum, the Government of the Republic of Kazakhstan will determine the following SULET A355 OTARI B142 UZUNAGACH ALMATY air route. In case of an emergency landing, the magnetic course will be 232o. III. Flights of aircraft using the airspace of Kazakhstan must be carried out in accordance with the international rules for flights of civil aircraft (single flights). At the same time, combat aircraft must travel sequentially, not in groups, maintain a flight speed of no more than 0.80 M and communicate with the air traffic services authorities of Kazakhstan at frequencies designated for use by civil aviation aircraft. The United States will notify the Government of the Republic of Kazakhstan of the possible use of the airport as an alternate airfield by transmitting the flight plan to the Main Air Traffic Planning Center at AFTN: UAAKZDZK, UAAAZDZX at least one hour before departure.

IV. The Government of the Republic of Kazakhstan will strive to establish a safety zone around any aircraft that makes an unplanned landing immediately after it (their) complete stop at the parking lot. The Government of the Republic of Kazakhstan will also provide access to the landed aircraft to the staff and vehicle of the Office of the U.S. Military Attache in Almaty to assist the crew in cooperation with the airport management and agencies providing services. The names of the staff of the Office of the U.S. Military Attache in Almaty and the car number must be provided to the Ministry of Foreign Affairs of the Republic of Kazakhstan in advance.

V. In cases of emergency situations on board that endanger flight safety and require immediate landing of the aircraft, the Government of the Republic of Kazakhstan will provide access to U.S. personnel and equipment to the aircraft for repair work. Such U.S. personnel will leave Kazakhstan immediately after the completion of the repair work. The United States Government will reimburse Kazakhstan for all requested services provided by the latter at acceptable rates no less favorable than the published rates paid by commercial aircraft for similar services. Payment for all airport services provided will be made by the United States Government within one month from the date of provision of the requested services. VI. In case of accidents, the Parties will consult in a spirit of partnership. The Government of the Republic of Kazakhstan will provide access to the crash site for U.S. investigators to investigate the causes of the crash and restoration work. Such investigators will leave Kazakhstan immediately after completing their duties. Third-party lawsuits brought as a result of the actions or omissions of any U.S. personnel will be handled in accordance with the PfP SOFA agreement.

VII. In order to ensure the greatest effectiveness of the cooperation between the Parties carried out under this Memorandum, the Parties will operate flights in accordance with international flight safety standards, including environmental ones. VIII. This Memorandum is valid for the duration of Operation Enduring Freedom, conducted by the United States of America and its partners in the international coalition. This Memorandum is temporarily applied from the date of signing and enters into force from the date of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

Done in two copies in Astana on July 10, 2002, in Russian and English, both texts are authentic.

For the Government For the Government of the Republic of Kazakhstan The United States of America

RCPI's note: The following is the text of the Memorandum in English.

President

Republic of Kazakhstan

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