On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on Ensuring the Transit of Military Equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the French Republic in efforts to stabilize and rebuild the Islamic Republic of Afghanistan

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on Ensuring the Transit of Military Equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the French Republic in efforts to stabilize and rebuild the Islamic Republic of Afghanistan

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on Ensuring the Transit of Military Equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the French Republic in efforts to stabilize and rebuild the Islamic Republic of Afghanistan

Law of the Republic of Kazakhstan dated July 22, 2011 No. 480-IV

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on ensuring the Transit of military Equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the French Republic in efforts to stabilize and Rebuild the Islamic Republic of Afghanistan, signed in Astana on October 6, 2009.

President of the Republic of Kazakhstan N. NAZARBAYEV

The footnote. Throughout the text of the Agreement, the words "state aircraft" were replaced by the words "aircraft" by the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Agreement between the Government of the Republic of Kazakhstan and The Government of the French Republic on ensuring the transit of military equipment and personnel through the territory of the Republic of Kazakhstan in connection with the participation of the Armed Forces of the French Republic in efforts to stabilize and rebuild the Islamic Republic of Afghanistan (Entered into force on September 13, 2011 - Bulletin of International Treaties of the Republic of Kazakhstan 2011, No. 5, Article 83)

The Government of the Republic of Kazakhstan, hereinafter referred to as the "Kazakh side" and the Government of the French Republic, hereinafter referred to as the "French side", hereinafter collectively referred to as the "Parties", taking into account Agreement between the Member States of the North Atlantic Treaty Organization The Treaty and other States participating in the Partnership for Peace program on the Status of their Armed Forces, signed in Brussels on June 19, 1995, and the additional protocol thereto (hereinafter - SOFA PfP Agreement), taking into account the Treaty of Friendship, Mutual Understanding and Cooperation between the Republic of Kazakhstan and the French Republic, signed in Paris on September 23, 1992, taking into account the provisions of the resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005) United Nations Security Council Resolutions 1707 (2006) and 1707 (2006) on Afghanistan, recognizing the need to contribute to international efforts to stabilize and rebuild the Islamic Republic of Afghanistan, agreed as follows:

Article 1

1. For the purposes of this Agreement: a) military property - all types of weapons, military equipment and other property, subject to the restrictions established by Treaty on Conventional Armed Forces in Europe of November 19, 1990; b) personnel - military and civil servants of the French Republic; c) "transit" — crossing the territory of the Republic of Kazakhstan by rail/air with or without landing on routes provided in accordance with the legislation of the Republic of Kazakhstan; (d) "Aircraft" means any aircraft of the French Republic within the meaning of paragraph (b) Article 3 of the Convention on International Civil Aviation of December 7, 1944, or any other aircraft chartered by it; f) "representatives of the French Party" - authorized civilian individuals and legal entities of the French Republic acting on behalf of and on behalf of the French Party for the purpose of implementing this Agreement;  f) "representatives of the Kazakh Side" - authorized individuals or legal entities of the Republic of Kazakhstan acting on behalf of and on behalf of the Kazakh Side in order to implement this Agreement; g) "transshipment" - a set of operations, starting with the unloading of military equipment belonging to the French Side from an aircraft at Shymkent airport, hereinafter referred to as "airport", and ending with its loading onto a train in a railway dead end located on the airport grounds. The list of types of military equipment to be reloaded is agreed upon by the Parties through diplomatic channels; h) "force majeure" - circumstances arising as a result of force majeure or due to unforeseen external events beyond the control of the Parties that impede the implementation of this Agreement. 2. This Agreement defines the procedure for the transit of military equipment and personnel of the French Republic through the territory of the Republic of Kazakhstan in order to support international efforts to stabilize and rebuild the Islamic Republic of Afghanistan.  The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Article 2

1. The Kazakh Side permits the transit of aircraft of the French Side. In agreement with the Kazakh Side, aircraft arriving from Afghanistan can land at the airport to reload military equipment belonging to the French Side. The specified military equipment is unloaded at the airport, stored on the airport grounds, and then transported by truck to the airport's railway dead end, where it is loaded onto railway platforms. Armored vehicles must be transported without weapons, breech, sights and other components necessary for their combat use. Overloading of any type of ammunition is excluded. The Kazakh Side provides a daily "window" for aircraft landing at the airport and transshipment. The transit of aircraft, including the landing of aircraft at the airport, is carried out on the basis of a special permit issued by the Ministry of Foreign Affairs of the Republic of Kazakhstan. For the purposes specified in paragraph 2 of Article 1 of this agreement, the Kazakh Side determines a single annual number of a special permit for aircraft transit and aircraft landings at the airport with annual updates. To obtain the aforementioned special permit, the French Side sends the corresponding request to the Kazakh Side through diplomatic channels in Kazakh, French and Russian, indicating the routes of non-stop transit and transit with landing at the airport for the purpose of reloading military equipment, no later than one month in advance. 2. The French side provides notification of the use of the airspace of the Republic of Kazakhstan along the air corridors provided by the Kazakh side by state aircraft at least 12 hours before the scheduled departure by sending the flight plan to the Main Air Traffic Planning Center of the Republic of Kazakhstan (AFTN - UAAKZDZK, UAAAZDZW) indicating the following flight data: - a single annual special permit number; - type, registration number and radio identification number of the state aircraft; - departure and destination points of the state aircraft; - general information on transit (personnel, military equipment) in case of non-stop transit or complete information on the reloading of military equipment in case of landing at the airport in accordance with the conditions provided for in paragraph 1 of this article; - date, full route and timetable with mandatory indication of air routes on the flight route, points of entry/exit to/from the airspace of the Republic of Kazakhstan; - and other data, if necessary, in accordance with the legislation of the Republic of Kazakhstan. 3. Flights of state aircraft on the air routes of the Republic of Kazakhstan are carried out in accordance with the applicable international flight rules. 4. The Kazakh side provides air navigation services to state-owned aircraft in accordance with the legislation of the Republic of Kazakhstan with the collection of air navigation fees. 5. State-owned aircraft operating in the airspace of the Republic of Kazakhstan must be equipped with: - radio communication equipment that ensures the maintenance of two-way radio communication with the air navigation service; - a radar transponder (transponder) operating in the appropriate mode in accordance with the procedure established by the International Civil Aviation Organization (ICAO). 6. Negotiations between the crews of government aircraft and air traffic controllers are conducted in English only according to the established rules of phraseology of radio communication. 7. Aircraft may not make technical landings on the territory of the Republic of Kazakhstan for refueling, crew rest or for other purposes, except in cases of emergency landing or in accordance with the conditions provided for in paragraph 1 of this Article. 8. Entry into the airspace of the Republic of Kazakhstan is prohibited to any aircraft for which the Main Air Traffic Planning Center of the Republic of Kazakhstan has not received a flight plan, except in cases where the aircraft requests an emergency landing at any airport in the territory of the Republic of Kazakhstan. In this case, as in the case of an unplanned landing of an aircraft on the territory of the Republic of Kazakhstan due to an emergency on board and/or force majeure, and therefore it is not possible to make an authorized transit, information about this aircraft must necessarily be transmitted to the Main Air Traffic Planning Center of the Republic of Kazakhstan. 9. In case of landing at the airport under the conditions provided for in paragraph 1 of this Article, aircraft are provided with safe parking, access to airport maintenance services and the possibility of refueling. The French Party or its representatives pay for these services in accordance with the conditions applicable to third countries. 10. The Kazakh Side has the right to refuse the French Side or its representatives to reload military equipment at the airport if the quantity and name of the specified property do not correspond to the notification sent in advance to the Kazakh Side. In this case, the French Side or its representative shall bear the costs associated with the departure of the relevant aircraft with all military equipment and personnel on board from the Territory of the Republic of Kazakhstan along the route along which it entered its airspace, without performing reloading operations.  The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Article 2-1

1. The Kazakh Side provides the French Side with temporary use of land plots and facilities on the territory of the airport necessary for carrying out transshipment operations. On the day of the transfer of the above-mentioned facilities to the French Side or its representatives, an act is drawn up in Kazakh, French and Russian on the condition of these facilities in the presence of representatives of both Sides. The same act on similar terms is drawn up on the day when the French Side or its representative releases the mentioned land plots and facilities. The French Side undertakes to repair the damage to the facilities transferred for temporary use and, in particular, to repair the covering of the airport, storage and customs control facilities, roads and equipment necessary for loading property onto railway trains, if the mentioned damage is not the result of natural wear of the facilities, taking into account the nature of the transshipment operations and climatic conditions. An act is drawn up on the fact of damage in the presence of representatives of both Sides. On the basis of a lease agreement, the Kazakh Side provides, for an appropriate fee, for temporary use by the French Side for the period necessary to perform all operations listed in paragraph 1 of Article 2 of the Agreement, a zone for storing its military equipment (hereinafter referred to as the "temporary storage warehouse"), consisting of land plots and airport infrastructure facilities allocated to it. From the date of transfer of the temporary storage warehouse to the French Side, the French Side or its representative shall transfer the monthly rent for one year to the Kazakh Side or its representative. If the French Side vacates the temporary storage warehouse before the end of the lease period, neither it nor its representative will be responsible for any damage to the facilities that occurred after the release date. On the day the temporary storage warehouse is transferred to the French Side for temporary use, the French Side or its representative pays a deposit to the Kazakh Side or its representative. The deposit amount is returned to the French Side on the day when it or its representative releases the temporary storage warehouse, unless the Parties reveal any damage that is not the result of natural wear and tear of the facilities, taking into account the nature of the transshipment operations performed and the climatic conditions. 2. To carry out transshipment operations, the French Side undertakes to perform at its own expense, exclusively for its own use throughout the entire period of these operations, the following types of work, the result of which becomes the property of the Kazakh Side: a) the construction of a temporary storage warehouse and an equipped one-story office building on the territory of the airport; b) the construction of a fence with two entrances around a temporary storage warehouse provided for temporary use by the French Side on the territory of the airport; (c) Connecting a temporary warehouse to the power grid and installing a video surveillance system and a weighing system for containers and trucks; (d) Constructing a 400-meter-long and 4-meter-wide paved road between the existing road, which is guaranteed by the Kazakh Side, and a railway dead end, where, at the request of the French Side, a mobile loading area provided by the Kazakh Side will be installed. By a Third Party; f) construction of a paved area of approximately 800 square meters. m for loading containers onto railway platforms; this site should be adjacent to the loading platform of the railway dead end. If the French Side makes a reasonable request, the Kazakh Side will allow it to carry out additional work on the development of the allocated land and airport facilities under conditions determined by mutual agreement of the Parties. 3. The Kazakh Side carries out border and customs control after the landing of aircraft with military equipment and before its export from the territory of the Republic of Kazakhstan. In order to facilitate customs control operations, the French Side undertakes to ensure the implementation of the entire range of customs procedures through a customs representative registered in accordance with Kazakh legislation and accredited by the Ministry of Finance of the Republic of Kazakhstan. 4. The volume of military equipment simultaneously located on the territory of the Republic of Kazakhstan should be strictly limited to the amount necessary to load two railway trains, one of which should be at the formation stage. In the event of a delay in the export of military property by rail, the Kazakh Side has the right to suspend the delivery of military property by aircraft. 5. By mutual agreement of the Parties, the French Side and its representative may, for the time required for transshipment operations, deploy their employees in the designated area of the airport, provided that their number does not exceed seven people and that they are in civilian clothes. For the purposes of implementing this Agreement, the Kazakh Side allows these employees to enter, stay, and freely move around the territory of the Republic of Kazakhstan in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan. 6. The French Party or its representative shall lease from a company registered in accordance with Kazakh legislation for a period of one year the loading and unloading equipment necessary for carrying out transshipment operations. If the French Party or its representative returns the loading and unloading equipment before the end of the lease period, they cannot be held responsible for damage to the specified equipment after its return. The French Side or its representative, having duly notified the Kazakh Side, may also use other types of equipment that are necessary for the proper performance of the above operations, but which are not available on the territory of the Republic of Kazakhstan. 7. During transshipment operations, the Kazakh Side, for an appropriate fee from the French Side, undertakes to ensure the safety and security of military equipment that is stored at the airport or in transit, property brought by the French Side or its representatives or purchased by them on the territory of the Republic of Kazakhstan, as well as equipment provided for temporary use to the French Side or manufactured by for her. The volume and condition of the equipment brought by the French Side are indicated in the consignment note, and the volume and condition of the equipment provided for temporary use by the French Side are indicated in the relevant accounting documentation. The French Side or its representative shall transfer to the Kazakh Side or its representative the amount corresponding to the remuneration of eight guards of the temporary storage warehouse, agreed in advance by the Parties. 8. The transshipment of military equipment is carried out on the basis of agreements reached between representatives of the French Side and representatives appointed by the Kazakh Side in coordination with the National Railway Company of Kazakhstan. The representatives of the French Side for air transportation are ICS, Losert and Salis companies, and for transshipment operations - DAHER company. As an exception to paragraph 3 of Article 12 of the Agreement, the French Side may replace its representative by notifying the Kazakh Side with a note verbale.  The footnote. The Agreement is supplemented by Article 2-1 in accordance with the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Article 3

1. The transit of military equipment by rail is carried out solely for the purposes of this Agreement in accordance with the legislation of the Republic of Kazakhstan and on the basis of a permit issued by the authorized body of the Republic of Kazakhstan. 2. To obtain a permit for rail transit in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of export control, the French Side sends through diplomatic channels a corresponding request to the Kazakh Side in Kazakh, French and Russian no later than thirty days in advance.: a) or before the entry of a railway train with military equipment into the territory of the Republic of Kazakhstan; b) or, in case of overloading, before departure from the airport territory of a railway train carrying military equipment through the territory of the Republic of Kazakhstan. 3. The transit permit is issued within 30 calendar days from the date of receipt of the specified request by the authorized body of the Republic of Kazakhstan for export control. 4. When transported by rail, military equipment must be in containers, and vehicles from which weapons and ammunition have been previously dismantled must be covered with tarpaulins. 5. The protection of military property during loading at the railway dead end of the airport and during transportation by rail through the territory of the Republic of Kazakhstan is provided exclusively by the security structures of the Kazakh Side. To this end, the French Side or its representative shall conclude a separate agreement with the joint-stock company Paramilitary Railway Security. The French Side or its representative shall pay to the Kazakh Side the costs of protecting military property in accordance with the legislation of the Republic of Kazakhstan.  The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Article 4

1. The Kazakh Side has the right to refuse to issue a transit or landing permit for an aircraft or to revoke an already issued permit if it is established that the transportation of military equipment and personnel does not meet the objectives and conditions of this Agreement or poses a threat to the national security of the Republic of Kazakhstan. 2. The Permit is revoked in case of termination of this Agreement. 3. In case of cancellation of the transit permit, the French side ensures, at its own expense, the return of military property and personnel outside the territory of the Republic of Kazakhstan.  The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Article 4-1

1. In the case of transit through the airport, in accordance with paragraph 1 of Article 2 of this Agreement, military equipment transshipment and escort operations while traveling by rail are provided in accordance with paragraphs 3-8 of Article 2-1 of the Agreement. These operations are performed in accordance with the legislation of the Republic of Kazakhstan. 2. The Kazakh Side, to the extent possible, provides assistance in carrying out the actions listed in paragraph 1 of this Article.  The footnote. The Agreement is supplemented by Article 4-1 in accordance with the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Article 5

1. The status of the personnel of the French side in the territory of the Kazakh side in order to implement this Agreement is defined in the SOFA PfP. 2 Agreement. The staff and representatives of the French Side are obliged to comply with the legislation of the Republic of Kazakhstan and not interfere in its internal affairs. 3. Excluded by the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V. 3. In the event of landing on the territory of the Republic of Kazakhstan, personnel on board the aircraft may not leave the aircraft and the aircraft parking area without the consent of the competent authorities of the Republic of Kazakhstan, except in cases where being on board the aircraft endangers the life or health of personnel.  The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Article 6

1. During transit carried out under this Agreement, military equipment and personnel are subject to border and customs control and, if necessary, other types of control in accordance with the national legislation of the Republic of Kazakhstan. 2. The inspection of military property and personnel during border and customs control at the checkpoint, as well as the request and verification of additional documents and information necessary for border and customs control, is carried out only if the border and customs authorities of the Republic of Kazakhstan have serious grounds to believe that the specified property is not property for transit. who has been granted permission. 3. During transit across the state border of the Republic of Kazakhstan, military property and personnel are exempt from customs duties, fees and taxes. For such exemption from duties, fees and taxes, the French side must submit to the customs authorities of the Kazakh side the customs documents agreed between the Parties, as well as the relevant certificate in the form approved by the Parties and signed by an authorized person. The competent authorities of the Kazakh side may require that they be provided in advance with the names of persons authorized to sign customs documents, as well as samples of their signatures and seals.

Article 7

The footnote. Article 7 is excluded by the Law of the Republic of Kazakhstan dated 11.01.2013 No. 66-V.

Article 7