On Ratification of the Protocol on the Mechanism for Providing Military-Technical Assistance to the Member States of the Collective Security Treaty Organization in Cases of Threat of Aggression or Commission of an Act of Aggression
The Law of the Republic of Kazakhstan dated December 15, 2008 No. 105-IV.
To ratify the Protocol on the Mechanism for Providing Military-technical Assistance to the Member States of the Collective Security Treaty Organization in Cases of a Threat of Aggression or an Act of Aggression, signed in Dushanbe on October 6, 2007.
President
Republic of Kazakhstan
N. Nazarbayev
PROTOCOL on the mechanism for providing military-technical assistance to Member States Collective Security Treaty Organization in cases of threat of aggression or commission of an act of aggression (Bulletin of International Treaties of the Republic of Kazakhstan, 2009, No. 3, art. 11) (Entered into force on March 6, 2009)
The member States of the Collective Security Treaty Organization (hereinafter referred to as the Organization), hereinafter referred to as the Parties,
Reaffirming their obligations under article 4 of the Collective Security Treaty of May 15, 1992, to provide necessary assistance to one of the Parties in the event of aggression against it,
considering military-technical assistance as one of the most important components of such assistance and proceeding from the need to develop a mechanism for its implementation,
We have agreed on the following:
Article 1
For the purposes of this Protocol, the following terms mean:
military technical assistance (hereinafter referred to as Assistance) is the provision of military products on a gratuitous or other preferential basis in order to maintain and restore the combat readiness of the Armed Forces of a Party(s) in the event of a threat to commit an act of aggression against the specified Party, or when a Party exercises its right to individual or collective self-defense in accordance with Article 51 of the Charter The United Nations, or when a Party has become the target of acts of terrorism or other threats to sovereignty and territorial integrity;
military products - weapons, military equipment, documentation, works, services, results of intellectual activity, including exclusive rights to them (intellectual property), and information in the military-technical field, as well as any other products classified by national legislation and regulatory legal acts of the Parties as military products;
authorized body - a public administration body defined by the national legislation of the Parties, which is responsible in accordance with Article 4 of this Protocol;
subjects of military-technical cooperation are government agencies and/or organizations of the Parties that, in accordance with the national legislation of the Parties, have been granted the right to carry out foreign trade activities in relation to military products.;
notification is a document by which the authorized body of the supplying Party informs the authorized body of the receiving Party and the Secretary General of the Organization (hereinafter referred to as the Secretary General) about its capabilities and conditions for providing military technical assistance.
I. General provisions
Article 2
This Protocol defines the procedure and conditions of Assistance for the following cases (situations):
when preparations for aggression are detected in advance, large-scale acts of international terrorism are planned, and other external threats to the security, sovereignty, and territorial integrity of one or more Parties are possible (hereinafter referred to as the threat of aggression);
when committing aggression, large-scale acts of international terrorism, and other external threats to the security, sovereignty, and territorial integrity of one or more Parties.
Article 3
An appeal for Assistance is sent from the Head of the Party(s) to the Heads of other Parties, which is notified to the Secretary General. The request specifies the necessary range of military products, the volume and timing of Assistance.
Article 4
The authorized bodies of the Parties are responsible for coordinating all issues related to the range of military products, their volumes, conditions and terms of practical delivery.
Each Party shall notify the Secretary-General of the authorized body designated for the purposes of this Protocol, as well as immediately notify in case of its change.
The Secretary General shall immediately notify the Parties of the authorized bodies of the other Parties, as well as notify them in case of changes.
Article 5
The Joint Headquarters of the Organization:
carries out its activities to implement the decisions of the Heads of the Parties to provide Assistance on the basis of instructions from the Council of Ministers of Defense of the Organization or appeals from the heads of authorized bodies of the Parties for each specific case of Assistance.;
organizes the development of a mechanism for providing assistance during practical exercises and training;
develops in advance, if necessary, and coordinates with the authorized bodies of the Parties formalized samples of documents necessary for the implementation of this Protocol.
II. The procedure for providing Assistance
Article 6
The domestic mechanism for the preparation and implementation of assistance decisions under this Protocol shall be determined and formalized by each Party in accordance with the national legislation of the Parties, which shall be notified to the Secretary General.
Article 7
In the event of a situation that is considered by the Organization's Collective Security Council as a threat to commit an act of aggression against any of the Parties, assistance is provided by the Parties in accordance with their national legislation.
The draft decision of the Organization's Collective Security Council is prepared by the Secretary General. The coordination and signing of the decision of the Collective Security Council of the Organization can be carried out in a working manner.
In emergency cases, the decision to provide Assistance may be made by each of the Parties independently and implemented in accordance with its legislation on the basis of a request from the Party(s) for Assistance.
Article 8
The authorized bodies of the supplying Parties form proposals to meet the needs of the Recipient Party (Recipient Parties), indicating the possible range of military products, volumes, timing and order of delivery, as well as the conditions under which Assistance will be provided, and notify the authorized body of the recipient Party.
Article 9
After agreeing on the issues of assistance, the authorized bodies and/or subjects of military-technical cooperation conclude appropriate contracts (agreements) for the provision of this Assistance.
Article 10
Issues related to the range of military products, volumes and conditions of Assistance may be coordinated in advance by the authorized bodies of the recipient Party with the authorized bodies of the supplying Parties.
Article 11
In the event of an act of aggression, the decision to provide Assistance at the request of the Party(s) in respect of which it was carried out is taken independently by each of the Parties and implemented in accordance with their domestic legislation to the extent, on the terms and in accordance with the procedure agreed with the authorized body of the Recipient Party. At the same time, the Parties that have decided to provide Assistance inform the Secretary-General about the goals and content of the upcoming actions.
III. Terms of Assistance
Article 12
Financial, economic and other conditions for the provision of Assistance, including gratuitous, are determined on a case-by-case basis, based on the capabilities available to the Parties.
Article 13
Military products provided as Aid may be returned under the terms of the supplying Party, with the exception of consumables (ammunition, spare parts, fuel and lubricants, property), as well as samples of weapons and military equipment lost during combat operations, with their compensation on the terms stipulated in the contract (the agreement).
Article 14
The Parties through whose territory the transit of military products allocated as Aid is carried out provide it on a priority basis under the terms of the Agreement on the Basic Principles of Military-technical Cooperation between the States parties to the Collective Security Treaty of May 15, 1992, signed on June 20, 2000.
Transit of military products through the territory of States that are not parties to this Protocol shall be carried out in accordance with the procedure provided for by relevant agreements concluded by the receiving Party(s) or the supplying Party(s) with such States. The Parties will make efforts to form the necessary regulatory framework for this.
Article 15
The Parties in whose airspace the delivery of military products allocated as Assistance is carried out shall ensure the transit passage of aircraft. In the event of a request by the Party in whose airspace the transit is carried out to land aircraft for inspection, the costs associated with this shall be reimbursed by the Party conducting the inspection.
Article 16
The receiving Party provides on its territory gratuitous air navigation support for aircraft of the Parties engaged in the transportation of military products allocated as Assistance, as well as their movement by rail, road and other modes of transport.
The organization of reception, airfield technical support and protection of aircraft, railway, automobile and other types of transport of the supplying Party is carried out by the receiving Party at its airfields, railway stations, parking lots and ports free of charge.
Article 17
The receiving Party is not entitled to sell or transfer military products supplied as Aid to foreign States, individuals and legal entities, or international organizations without the prior written consent of the supplying Party.
Article 18
The supplying Party has the right to monitor the intended use of military products transferred as Assistance in accordance with the Protocol on the Procedure for Monitoring the Intended Use of Military Products Supplied under the Agreement on the Basic Principles of Military-Technical Cooperation between the States Parties to the Collective Security Treaty of May 15, 1992, signed on October 7. In 2002.
IV. Final provisions
Article 19
The provisions of this Protocol shall not affect the rights and obligations of the Parties under other international treaties to which they are parties.
Article 20
This Protocol shall enter into force on the date of receipt by the Secretariat of the Organization of the fourth written notification that the Signatories have completed the necessary internal procedures.
For Parties that have completed similar domestic procedures later, this Protocol shall enter into force on the date of receipt by the depositary of the relevant written notification.
Article 21
This Protocol is valid for the duration of the Collective Security Treaty of May 15, 1992.
Article 22
This Protocol may be amended and supplemented by mutual agreement of the Parties, which are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 20 of this Protocol.
Article 23
Disputes related to the application or interpretation of this Protocol shall be resolved through consultations and negotiations between the Parties concerned.
Article 24
Each Party may withdraw from this Protocol by sending a written notification to the Secretary-General no later than 6 months before the date of withdrawal, having settled financial and other obligations incurred during the period of the Protocol.
Done in Dushanbe on October 6, 2007, in one original copy in the Russian language. The original copy is kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each signatory State of this Protocol.
For the Republic of Armenia For the Russian Federation
For the Republic of Belarus
For the Republic of Tajikistan
For the Republic of Kazakhstan
For the Republic of Uzbekistan
For the Kyrgyz Republic
I hereby certify that this text is a certified copy of the certified copy of the Protocol on the Mechanism for providing Military-technical Assistance to the Member States of the Collective Security Treaty Organization in Cases of a Threat of Aggression or an Act of Aggression, signed on October 6, 2007 in Dushanbe.
Head of the Department
International Law Department
Ministry of Foreign Affairs
Republic of Kazakhstan
J. Bukhbantaev
President
Republic of Kazakhstan
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