On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization on holding events, including post-certification events, at International Monitoring Facilities in Support of the Comprehensive Nuclear-Test-Ban Treaty

Law of the Republic of Kazakhstan dated April 12, 2007 No. 243

        To ratify the Agreement between the Government of the Republic of Kazakhstan and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization on holding events, including post-certification events, at International monitoring facilities in Support of the Comprehensive Nuclear-Test-Ban Treaty, signed in Vienna on September 9, 2004.  

     President of the Republic of Kazakhstan  

    AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE PREPARATORY COMMISSION FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION ON HOLDING EVENTS, INCLUDING POST-CERTIFICATION EVENTS, AT INTERNATIONAL MONITORING FACILITIES IN SUPPORT OF THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY  

(Entered into force on June 22, 2007 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 1, art.)

     In accordance with paragraph 12 (b) of the text on the establishment of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, contained in the annex to the resolution on the establishment of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (hereinafter referred to as the "Commission"), which the signatory States to the Comprehensive Nuclear-Test-Ban Treaty (hereinafter referred to as The "CTBT"), adopted on November 19, 1996 in New York, by the Government of the Republic of Kazakhstan (hereinafter referred to as the "Government") and the Commission, hereinafter referred to as the "Parties", in order to facilitate the activities of the Commission for (a) inventory of existing monitoring facilities; (b) site surveys; and (c) modernization or creation of new monitoring facilities; and/or d) certification of facilities (hereinafter referred to as "facilities") in accordance with the standards of the International Monitoring System (hereinafter referred to as "IMS"), as well as in order to facilitate the continuation of temporary operation tests, if necessary, and maintenance of IMS as part of the objective of ensuring the effectiveness of the Agreement, agreed in accordance with the provisions of the CTBT, in particular Articles I-IV and Parts I of the Protocol, as follows:  

    Article 1  

     The Government and the Commission shall cooperate to facilitate the implementation of the provisions of this Agreement. The activities to be carried out by the Commission or on behalf of the Commission in the territory of the Republic of Kazakhstan are set out in Appendix I to this Agreement.  

    Article 2  

     The activities to be carried out by the Commission or on behalf of the Commission in accordance with the provisions of this Agreement are carried out in accordance with the terms of the contract or contracts concluded by the Commission in accordance with the Financial Regulations of the Commission.  

    Article 3  

     The activities to be carried out by the Commission in accordance with the provisions of this Agreement are carried out by a group of the Commission, which consists of staff appointed by the Commission after consultation with the Government. The Government has the right to refuse the services of certain members of the Commission's group, on the understanding that the Commission has the right to propose new members of the group instead. For each event held by the Commission, the Commission appoints a team leader, and the Government appoints an executive representative, through whom communication between the Commission and the Government is carried out.  

    Article 4  

     At least 14 days prior to the proposed arrival of the Commission group at the point of entry, the head of the Commission group and the executive representative shall consult in order to facilitate the implementation of the planned activities, including consultations on equipment imported by the Commission group into the territory of the Republic of Kazakhstan for events in accordance with the provisions of this Agreement. The equipment for post-certification activities must comply with the requirements of the relevant IMS Operational Guidelines adopted by the Commission, without prejudice to paragraph 26 (h) of article II of the CTBT. During these consultations, the Government informs the Commission about the entry and exit points through which the Commission's team and equipment will arrive in and leave the territory of the Republic of Kazakhstan.  

    Article 5  

     During the consultations referred to in Article 4 of this Agreement, the Executive Representative shall notify the Commission of what information is required by the Republic of Kazakhstan to issue documents allowing the Commission team to enter the Republic of Kazakhstan and remain on its territory in order to carry out activities in accordance with the relevant IMS Operational Guidelines adopted by the Commission without prejudice to paragraph 26 (h) Article II of the CTBT, which are set out in Appendix I to this Agreement. The Commission provides this information to the Government as soon as possible after the completion of these consultations. In accordance with the national legislation of the Republic of Kazakhstan, a group of the Commission is granted the right to enter the Republic of Kazakhstan and stay on its territory for the period necessary for such events. The Government issues or extends appropriate visas as soon as possible in cases where they are required by the members of the Commission group.  

    Article 6  

     The activities of the Commission group in accordance with the provisions of this Agreement are organized with the participation of the Government in such a way as to ensure the timely and effective performance of its functions to the maximum extent possible and to create as little inconvenience as possible to the Republic of Kazakhstan and interference to facilities or areas in which the Commission group will carry out its activities. Such activities, in particular, should not endanger the ecology and/or the environment of the sites where MSM facilities are located.  

    Article 7  

     The Government ensures the safety of the members of the Commission's group located in the territory of the Republic of Kazakhstan and creates the necessary conditions for its normal operation. The provisions of the Convention on the Privileges and Immunities of the United Nations, signed on February 13, 1946 in New York, apply mutatis mutandis to the activities of the Commission, its officials and experts in connection with the implementation of the provisions of this Agreement.  

    Article 8  

     The Government is making all appropriate efforts to ensure the cooperation of the relevant authorities with the Commission's group. The Commission shall take all appropriate measures to ensure that the Executive Representative is informed in a timely manner of all work carried out under this Agreement.  

    Article 9  

     The Government and the Commission, in the course of consultations referred to in article 4 above, prepare a list of equipment intended for import into the Republic of Kazakhstan by the Commission group. The Government has the right to inspect the equipment imported into the Republic of Kazakhstan by the Commission group in order to verify the necessity and suitability of such equipment for carrying out activities by the Commission group. The Government has the right to conduct such an inspection in the absence of the head of the Commission team, unless the head of the Commission team considers that his or her presence is necessary. The team leader indicates the equipment that requires special handling or storage for security reasons, and information about it is transmitted to the executive representative before the Commission team arrives at the point of entry. The Government ensures that the equipment of the Commission's group can be stored in a safe and secure place. In order to prevent unnecessary delays in the transportation of equipment, the Government is assisting the Commission's group in complying with internal regulations and requirements regarding the import of such equipment into the Republic of Kazakhstan and, where appropriate, the export of such equipment from the Republic of Kazakhstan.  

    Article 10  

     Equipment and other property of the Commission imported into the Republic of Kazakhstan pursuant to the provisions of this Agreement shall be exempt from customs duties. The Executive Representative shall facilitate the customs clearance of such equipment and/or property. The rights to any equipment transferred by the Commission to the Republic of Kazakhstan for permanent installation at monitoring facilities are immediately transferred to the Government from the moment the equipment enters the territory of the Republic of Kazakhstan.  

    Article 11  

     The Commission, its assets, receipts and other property imported into the Republic of Kazakhstan to implement the provisions of this Agreement shall be exempt from all direct taxes of the Republic of Kazakhstan. The Government shall take appropriate administrative measures to exempt from payment or refund any duties or taxes that form part of the price paid by the Commission when making purchases and concluding contracts for services in accordance with the provisions of this Agreement.  

    Article 12  

     Any data and official reports prepared by one of the Parties on events held in accordance with the provisions of this Agreement shall be made available to the other Party.  

    Article 13  

     For the purposes of this Agreement, post-certification activities at IMS facilities begin after the following two requirements are met: i) certification of IMS facilities by the Commission in accordance with relevant procedures and/or certification guidelines; ii) approval of the budget, including detailed financial arrangements, if any, for the operation and maintenance of IMS facilities by the Commission.  

    Article 14  

Cooperation in carrying out post-certification activities includes the following: 1) facilities are also being tested, temporarily operated, if necessary, and maintained by the Government in accordance with procedures and arrangements agreed upon by the Parties. In order to ensure that the International Data Center (hereinafter referred to as "IDC") receives high-quality data with a high degree of reliability, these procedures should be consistent with the relevant IMS Operational Guidelines adopted by the Commission, without prejudice to paragraph 26 (h) of Article II of the CTBT.;        2) The Government shall provide, in accordance with the relevant IMS Operational Guidelines adopted by the Commission, without prejudice to paragraph 26 (h) of Article II of the CTBT, all appropriate public services related to testing, temporary operation, if necessary, and maintenance of facilities in accordance with the national legislation of the Republic of Kazakhstan, and the costs shall be borne by the Commission in accordance with paragraphs 19-21 of Article IV CTBT and the relevant budget decisions of the Commission;         3) The Government ensures, upon request, the allocation of acceptable frequencies required for the necessary communication channels, in accordance with the national legislation of the Republic of Kazakhstan and the national frequency allocation plan; 4) The Government transmits to the IDC data recorded or received by any of the facilities using the formats and protocols specified in the operational facility manual. Such data transmission is carried out in the most direct and economical way directly from the relevant facility and from the National Data Center. All types of data transmission to the Commission are exempt from duties and any other charges established by the Government or any competent authority in the Republic of Kazakhstan, except fees directly related to the cost of services provided, which should not exceed the minimum tariffs established for government agencies in the Republic of Kazakhstan.;        5) The Government ensures the physical security of facilities and equipment associated with any of the facilities, including data transmission lines, field equipment and sensors, with costs determined in accordance with paragraphs 19-21 of Article IV of the CTBT and relevant budget decisions of the Commission; 6) The Government ensures the calibration of instruments at all facilities in accordance with the relevant IMS Operational Guidelines adopted by the Commission without prejudice to paragraph 26 (h) of article II of the CTBT;         7) The Government notifies the Commission of any problem, informing the IDC of the nature of the problem and the approximate expected time frame for its elimination. The Government also notifies the Commission of the time of occurrence of an abnormal phenomenon that affects the quality of data coming from any facility.;        8) The Commission shall consult with the Government on procedures for granting the Commission access to facilities in order to inspect equipment and communication channels and make necessary changes to equipment and other operational procedures, unless the Government assumes responsibility for making such necessary changes. According to such procedures, the Commission has access to any IMS facilities listed in Appendix I.  

    Article 15  

     The Government ensures that the personnel of its monitoring facilities promptly respond to requests from the Commission regarding the testing and temporary operation, if necessary, of any facility listed in Appendix I, or regarding the transfer of data to the IDC. These responses are provided in the format specified in the operational manual for the relevant facility.  

    Article 16  

     Confidentiality issues related to the implementation of this Agreement are resolved in accordance with the CTBT and relevant decisions of the Commission.  

    Article 17  

     The costs of implementing this Agreement shall be covered in accordance with appropriate budgetary decisions taken by the Commission. In particular, the costs associated with testing, temporary operation, if necessary, and maintenance of facilities, including ensuring physical security, as appropriate, the application of agreed data authentication procedures, the transfer of samples, as appropriate, and the transfer of data from the relevant facility and from the National Data Center to the IDC, are covered as provided in paragraphs 19-21 of Article IV of the CTBT and in accordance with the relevant budget decisions of the Commission.  

    Article 18  

     Upon completion of each activity specified in Appendix I to this Agreement, the Commission shall provide the Republic of Kazakhstan with such appropriate technical assistance as the Commission deems necessary for the proper functioning of the facility as part of the IMS. The Commission also provides technical assistance and support for the temporary operation, if necessary, and maintenance of monitoring facilities and related communications facilities when the Government requests such assistance, and within the approved budget resources of the Commission.  

    Article 19  

     In the event of any disagreement or dispute between the Parties in connection with the implementation of the provisions of this Agreement, the Parties shall consult in order to resolve such disagreement or dispute as soon as possible. If it is impossible to resolve a disagreement or dispute, either Party may raise this issue at the plenary session of the Commission for advice and assistance.  

    Article 20  

     Amendments to this Agreement are made with the consent of the Parties in the form of an exchange of letters. The Parties may conclude such additional agreements as they mutually decide are necessary.  

    Article 21  

     Appendix I to this Agreement is an integral part of the Agreement, and any reference to this Agreement should be understood as including a reference to Appendix I. In the event that any provision in Appendix I does not agree with any provision in the text of this Agreement, the provision of the Agreement shall prevail.  

Article 22  

     This Agreement shall enter into force on the date when the Republic of Kazakhstan informed the Commission that the national requirements for such entry into force have been fulfilled. This Agreement remains in force until the conclusion of a new facility agreement between the Government of the Republic of Kazakhstan and the Comprehensive Nuclear-Test-Ban Treaty Organization after the entry into force of the CTBT.         Signed in Vienna on September 9, 2000 in triplicate in English, Kazakh and Russian, all three texts being equally authentic. In the event of any dispute regarding the interpretation of this Agreement, the English text shall prevail.  

      For the Government For the Preparatory Commission of the Republic of Kazakhstan:               Comprehensive Nuclear-Test-Ban Treaty Organization:  

     _______________ __________________ signature signature  

         Minister of Foreign Affairs Executive Secretary (surname, first name and position)          (last name, first name and position)  

    Appendix I to the Agreement between the Government of the Republic of Kazakhstan and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization and on Holding Events, including Post-Certification Events, at International Monitoring Facilities in Support of the Comprehensive Nuclear-Test-Ban Treaty  

     I. All or some of the following activities may be required at the following international monitoring facilities: 1. Inventory 2. Site inspection 3. Installation of equipment 4. Modernization 5. Testing and evaluation 6. Certification 7. Post-certification measures  

     II. MONITORING FACILITIES WITHIN THE FRAMEWORK OF THE INTERNATIONAL MONITORING SYSTEM IN THE TERRITORY OF THE REPUBLIC OF KAZAKHSTAN 1. Makanchi            Seismological station PS23 Type MKAR seismic group 2. Borovoe            Seismological station AS57 Type BVAR seismic group 3. Kurchatov            Seismological station AS58 Type KURK 3-K>seismogroup 4. Aktobe            Seismological station AS59 Type ACTO 3-K 5. Aktobe Infrasound station IS31  

       Comprehensive Nuclear Test Ban Treaty  

President    

Republic of Kazakhstan     

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