On Ratification of the Protocol on Amendments and Additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Sary-Shagan Test Site and Life Support of Priozersk dated January 20, 1995

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On Ratification of the Protocol on Amendments and Additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Sary-Shagan Test Site and Life Support of Priozersk dated January 20, 1995

Law of the Republic of Kazakhstan dated July 21, 2007 No. 285

To ratify the Protocol on Amendments and Additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Sary-Shagan test Site and Life Support for Priozersk dated January 20, 1995, signed in Moscow on April 4, 2006.

President of the Republic of Kazakhstan

PROTOCOL on Amendments to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Sary-Shagan test Site and Life Support in Priozersk dated January 20, 1995

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - entered into force on August 3, 2007)

The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, have agreed to make the following amendments and additions to the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Sary-Shagan Test Site and Life Support in Priozersk dated January 20, 1995 (hereinafter referred to as the Agreement):

1) in the preamble: delete the third paragraph; in the fourth paragraph, the words "By the decision of October 9, 1992 on the participation of the member States of the Commonwealth of Independent States in the ABM-72 Treaty," delete;

2) in the second paragraph of Article 1, the word "Zhezkazgan" should be replaced by the word "Karaganda";

3) in article 2, the words "referred to in Article 4 of the ABM-72 Treaty and fixed in the Agreed Statement to the ABM-72 Treaty of November 1, 1978" should be deleted;

4) Article 4 should be worded as follows:

"1. The Republic of Kazakhstan transfers land plots with movable and immovable property of the Landfill, as well as movable and immovable property of Priozersk, to the Russian Federation for temporary use on lease terms.

2. The Russian Federation pays for the use of land plots by the Landfill in the interests of the Russian Federation, including land plots with movable and immovable property located on them, during their lease period in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Sary-Shagan test site dated October 18, 1996.";

5) in paragraph 1 of Article 7, the words "determined by a separate Agreement of the Parties" should be replaced by the words "the persons who are part of them and their family members, as well as issues of jurisdiction of the competent authorities of the Russian Federation on the territory of the Landfill are determined by the Agreement between the Republic of Kazakhstan and the Russian Federation on the status of military formations of the Russian Federation temporarily located on the territory of the Republic of Kazakhstan." Kazakhstan, dated January 20, 1995 and other agreements of the Parties";

6) in Article 9, the first paragraph should be worded as follows: "The activities of the Landfill are regulated by the regulations on the structural units, facilities and combat fields of the State Central Interspecific Landfill of the Ministry of Defense of the Russian Federation located on the territory of the Republic of Kazakhstan, approved by the Minister of Defense of the Russian Federation in coordination with the Minister of Defense of the Republic of Kazakhstan (hereinafter referred to as the regulations on the Landfill). The grounds for the specified activity of the Landfill are:"; In the seventh paragraph, the words "Ministry of Science and New Technologies of the Republic of Kazakhstan" should be replaced by the words "state body authorized by the Kazakh Side on science and new technologies".;  

7) in article 10: in the second paragraph, the words "restoration and" should be deleted; in the fourth paragraph, the word "complete" should be deleted;

after the ninth paragraph, add the following paragraph: "reclamation of the impact fields of targets and missiles (if necessary, in accordance with the procedure determined by agreement of the Parties)."; the eleventh paragraph should be worded as follows:

"The command of the Landfill, together with the local executive authorities of the Republic of Kazakhstan, determines the procedure for using sections of the Landfill territory when providing assistance in the elimination of natural disasters.";  

add the following paragraph to the article:  

"The temporary termination or restriction of planned operations of the Landfill when using its territory for other purposes is carried out by

based on joint decisions of the Ministry of Defense of the Republic of Kazakhstan and the Ministry of Defense of the Russian Federation.";

8) add the following paragraph to Article 11: "The management of the land cadastre and monitoring on the territory of the Landfill, control over the intended use of land is carried out by the authorized state body for land resources management of the Republic of Kazakhstan in accordance with the procedure and terms agreed with the command of the Landfill.";

9) Article 13 should be worded as follows:

"The Russian Side does not conduct geological exploration and development of minerals on the territory of the Landfill and provides animal hunting, fishing and harvesting of wild plants on the territory of the Landfill in accordance with the legislation of the Republic of Kazakhstan.";

10) Article 15 should be worded as follows:

"The Ministry of Defense of the Republic of Kazakhstan has the priority right to purchase new types of weapons and military equipment that have been tested at the Test Site.";

11) add the following paragraph to Article 18:

"The procedure for military transportation and payments for them is determined by a separate agreement of the Parties.";

12) add the following paragraph to Article 22 after the first paragraph:

"Compliance of the forms of admission of the control bodies of the Parties to the works and documents containing classified information is determined by a separate agreement of the Parties.";

13) add the words "and this Agreement" to Article 23 after the word "Polygon".

All disputes and disagreements between the Parties arising from the interpretation and application of the provisions of this Protocol will be resolved through mutual consultations and negotiations.

If one of the Parties has issues that require a joint solution, this Party shall notify the other Party in writing no later than 30 days before the start of negotiations.

This Protocol 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 Protocol shall terminate simultaneously with the termination of the Agreement.  

Done in Moscow on April 4, 2006, in two copies, each in the Kazakh and Russian languages, and they are equally authentic.

For the Republic of Kazakhstan For the Russian Federation

President

Republic of Kazakhstan

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