On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on Cooperation in the Field of Emergency Prevention and Response
The Law of the Republic of Kazakhstan dated April 22, 2015 No. 307-V SAM
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on cooperation in the field of Emergency Prevention and Response, signed in Astana on May 28, 2014.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT between the Government of the Republic of Kazakhstan and the Government of Agreement of the People's Republic of China on cooperation in the field of emergency prevention and response
The Government of the Republic of Kazakhstan and the Government of the People's Republic of China, hereinafter referred to as the Parties, guided by the goals and principles The Treaty on Good-Neighborliness, Friendship and Cooperation between the Republic of Kazakhstan and the People's Republic of China dated December 23, 2002, desiring to strengthen friendly relations between the two States, based on the goals and objectives of the Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on Cooperation in Emergency Response Assistance dated October 26, 2005, recognizing, that cooperation in the field of emergency prevention and response can contribute to the well-being and national security of the States of the Parties, being aware of the danger that emergencies pose to the States of the Parties, taking into account the benefits for the States of the Parties of exchanging scientific and technical information in the field of emergency prevention and response, taking into account the possibility of emergency situations that cannot be eliminated by the forces and means of one of the Parties, and the resulting need for coordinated actions by both States to prevent and eliminate emergencies, taking into account the role of the United Nations and other international organizations in the field of emergency prevention and response, have agreed as follows:
Article 1 Terms used in this Agreement
The terms used in this Agreement have the following meanings: Requesting Party - A Party that requests the other Party to send teams to provide assistance, equipment and support materials; providing Party - a Party that satisfies the request of the other Party to send a team to provide assistance, equipment and support materials; authorized body - a body appointed by each of the Parties to manage work related to with the implementation of this Agreement, and their coordination; An assistance group is an organized group of specialists (if necessary with a canine group) of the providing Party, designed to assist in emergency situations and provided with the necessary equipment, which, with the consent of the requesting Party, may include military personnel.; emergency situation - the situation in a certain territory that has developed as a result of an accident, disaster or catastrophe that has caused or may cause death of people, damage to their health, the environment and business facilities, significant material losses and disruption of people's living conditions; emergency prevention - a set of measures aimed at minimizing the risk of emergency situations, as well as preserving human health, reducing environmental damage and material losses; emergency response - emergency rescue and other urgent work carried out in the event of an emergency and aimed at saving lives and preserving human health, reducing environmental damage and material losses, as well as localizing the emergency zone, terminating the operation of its characteristic dangerous factors; emergency zone - the territory of the requesting State, which has an emergency situation; rescue operations - actions aimed at saving people, material and cultural assets, protecting the environment in an emergency zone, localizing emergencies and eliminating or reducing to the lowest possible level the impact of their characteristic hazards; equipment - materials, technical and transport means, equipment of the relief group and personal equipment of the group members intended for emergency response, with the exception of weapons and ammunition; support materials are material resources intended for free distribution among the population affected by an emergency.
Article 2 Authorized bodies
1. The Parties shall appoint authorized bodies for the implementation of this Agreement.: from the Kazakh side - the Ministry of Emergency Situations of the Republic of Kazakhstan; from the Chinese side - the Ministry of Civil Administration of the People's Republic of China, the Ministry of Commerce of the People's Republic of China. 2. The Parties shall immediately notify each other through diplomatic channels of changes in the names of their authorized bodies and the transfer of their functions to other bodies and/or the appointment of new authorized bodies.
Article 3 Principles and forms of cooperation
The Parties shall cooperate in accordance with the provisions of this Agreement in compliance with generally recognized principles and norms of international law, as well as the laws of the States of the Parties in order to provide immediate assistance in emergency situations. Cooperation under this Agreement is conditioned by the availability of the necessary funds from each of the Parties and provides for: organization and monitoring of dangerous man-made processes and natural phenomena; mutual notification of the state of potentially dangerous facilities and the environment, in case of threat and occurrence of emergency situations, the course of their development and possible consequences, measures taken to eliminate them; regular exchange of information on monitoring and forecasting of natural and man-made emergencies; exchange of experience in organizing public training for emergency situations, including first aid measures; organization and coordination of cooperation between relevant government agencies in emergency response; exchange of experience in assessing the risk to the environment and the public in connection with possible pollution from industrial accidents, disasters and natural disasters; prevention and prompt notification of the possible occurrence of natural disasters on transboundary rivers; joint planning, development and implementation of research projects, exchange of scientific and technical literature and research results; exchange of information, periodicals, methodological and other literature, video and photographic materials, as well as technologies; organization of joint conferences, seminars, workshops, exercises and trainings; ensuring interaction between authorized bodies; providing mutual assistance in equipping relief teams; providing mutual assistance in emergency response; other activities in the field of areas of emergency prevention and response, which is coordinated by the authorized bodies.
Article 4 Cooperation between organizations and institutions
1. The Parties shall promote cooperation between government agencies, other organizations, legal entities and individuals of the States of the Parties. 2. State bodies, other organizations and institutions of the Parties engaged in activities in the field of emergency prevention and response may participate in activities to implement this Agreement.
Article 5 Providing assistance
1. In cases of an emergency situation or a threat of its occurrence on the territory of the State of one of the Parties, this Party may request assistance from the other Party. 2. The parties provide assistance to each other in accordance with their capabilities and on a voluntary basis. The terms of assistance are determined by agreement of the Parties. 3. Assistance is provided on the basis of a written request, in which the requesting Party indicates the place, time, nature, scale and state of emergency situations at the moment, the priorities of the requested assistance, as well as information about international assistance received or incoming. 4. The providing Party reviews the request as soon as possible and informs the requesting Party about the possibility, scope and conditions of providing assistance. 5. The requesting Party shall ensure the fair and rational distribution of security materials among the affected population without any discrimination based on race, nationality, religion, language or other grounds. The requesting Party shall inform the providing Party of the intended use of the security materials received as assistance.
Article 6 Types of assistance
1. Assistance in emergency situations is provided by sending teams to provide assistance, equipment, support materials, or in any other requested form. The distinctive signs of the State of the providing Party should be applied to the equipment and clothing of rescuers. 2. The management of the assistance teams is carried out by the authorized body of the requesting Party through the heads of these groups. 3. The requesting Party informs the heads of the providing Party's assistance teams about the situation in the emergency zone and at specific work sites, if necessary, provides these groups with interpreters and means of communication, as well as provides security, emergency medical care and coordinates their actions. 4. The equipment of the relief teams should be sufficient to conduct autonomous operations in the emergency zone for at least 72 hours. Upon completion of the equipment stocks, the requesting Party provides the specified groups with the necessary means for their further work.
Article 7 Conditions for the passage of aid groups across the State border and the regime of their stay in the territory of the requesting State
1. Members of the assistance teams cross the State border of the requesting Party's State as a matter of priority through checkpoints open to international traffic, using their identity documents. If necessary, the requesting Party ensures that their entry visas are issued in a timely manner. The team leader must have a list of members of the assistance team, a list of equipment, and a document issued by the authorized body of the providing Party confirming his authority. 2. The procedure for the passage of canine groups across the State border and the procedure for their stay in the territory of the requesting State are determined in accordance with the quarantine rules in force in the territory of the requesting State. 3. Relief teams perform emergency rescue operations in the emergency area. 4. Members of the assistance teams are required to comply with the laws of that State during their stay in the territory of the requesting State. At the same time, they are under the jurisdiction of the State of the providing Party in the field of labor legislation and related issues. The military personnel who are part of the assistance group are subject to the legislation of the State of the providing Party regulating the status of a serviceman in terms of labor relations and socio-economic guarantees. 5. The movement of aid groups, the transportation of their equipment and support materials are carried out by road, rail, water or air transport. The procedure for using these types of transport to provide assistance is determined by the authorized bodies of the providing and requesting Parties.
Article 8 Import and export of equipment and support materials for emergency response assistance
1. Equipment and support materials are exported from the territory of the State of the providing Party in accordance with the legislation of the State of the providing Party. 2. Equipment and support materials are imported into the territory of the requesting Party's State in accordance with the legislation of the requesting Party's State. Their use is allowed only for the purpose of providing assistance in emergency situations and to ensure the vital activity of relief groups. It is prohibited to use the equipment and support materials for commercial purposes. 3. Equipment and support materials imported into the territory of the requesting Party and exported from the territory of the providing Party to assist in emergency situations are exempt from customs duties, fees and taxes. 4. Customs clearance and quarantine of equipment and support materials are carried out as a matter of priority on the basis of notifications issued by the authorized bodies of the Parties, which indicate the composition of the assistance teams, the list of imported or exported equipment and support materials. 5. Aid groups are prohibited from transporting any goods other than equipment and supplies. 6. After the completion of the assistance work, the equipment imported into the territory of the requesting Party's State (with the exception of fully consumed or destroyed equipment) must be exported to the territory of the providing Party's State within the time limits agreed upon by the competent authorities of the Parties. The fact of destruction or complete consumption of equipment and distribution of support materials among the affected population must be documented.
Article 9 Use of aircraft
1. The authorized body of the providing Party shall send an application in advance through diplomatic channels, informing the requesting Party of the decision to use aircraft for assistance, indicating for each aircraft the nationality, carrier of the providing Party, type, model and number, identification marks, call signs and type of flight of aircraft, the number of members of the assistance team, name and the positions of its head, the number, names and positions of the crew members, the nature of the cargo, the airports of take-off and landing, the final destination of the flight, the route, alternate airports, air corridors, flight altitude, take-off and landing time, frequencies of communication channels with ground services, and the worst weather conditions allowed for this flight. 2. With the permission of the requesting Party, aircraft used to provide assistance will fly to a specific point on the territory of the requesting Party's State along an approved route. The requesting Party shall ensure the conditions for the flight of an aircraft used for assistance through the territory of its State, as well as its landing and take-off. 3. Flights of aircraft used to provide assistance are carried out in accordance with the rules established by the International Civil Aviation Organization and the States of the Parties.
Article 10 Reimbursement of expenses
1. By the decision of the providing Party, assistance may be provided free of charge. Otherwise, the requesting Party will reimburse the providing Party for the costs associated with providing assistance. 2. The requesting Party may cancel its request for assistance at any time, but in this case the providing Party is entitled to receive reimbursement for the costs incurred by it in providing assistance, unless otherwise agreed by the Parties. 3. Reimbursement of the expenses referred to in paragraphs 1 and 2 of this Article shall be made in freely convertible currency on the basis of a bilateral act on financial expenses for the provision of assistance, signed by the authorized bodies of the Parties, within ten days after the requesting Party receives a request from the providing Party, unless the Parties have agreed otherwise. 4. The providing Party provides insurance for the members of the assistance groups. Insurance costs are included in the total cost of assistance. 5. The providing Party is exempt from fees for the flight, landing, parking at the airfield and take-off from it of aircraft, as well as from fees for air navigation services. 6. Fuel and aircraft maintenance costs are included in the total cost of assistance, unless otherwise agreed by the Parties. 7. Expenses of the Parties on other forms of cooperation are carried out in accordance with the laws of the States of the Parties or by agreement of the Parties.
Article 11 Compensation for damage
1. The requesting Party shall pay compensation to the providing Party in cases of death or injury to persons, as well as destruction or damage to equipment or other property of this Party, if such damage is caused during the performance of tasks related to the implementation of this Agreement. The amount of compensation is negotiated separately on a case-by-case basis. 2. The requesting Party shall pay medical and transportation costs in cases of death or injury of rescuers during the implementation of this Agreement in the territory of the requesting Party. 3. If a member of the providing Party's assistance team causes damage to a legal entity or individual while performing tasks related to the implementation of this Agreement in the territory of the requesting Party's State, the requesting Party shall compensate the damage in accordance with the legislation of its State. 4. Damage caused by a member of the assistance team intentionally or through gross negligence is subject to compensation by the providing Party.
Article 12 Use of information
Information obtained as a result of activities carried out under this Agreement, with the exception of information that is not subject to disclosure in accordance with the laws of the States of the Parties, shall be published and used on the basis of the usual practices and regulations of each of the Parties, unless otherwise previously agreed in writing by the authorized bodies of the States of the Parties.
Article 13 Dispute resolution
Disputes and disagreements regarding the interpretation and/or application of the provisions of this Agreement are resolved through negotiations and consultations between the authorized bodies of the Parties.
Article 14 Relation to other international treaties
This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the States of the Parties are parties.
Article 15 Final provisions
This Agreement 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 Agreement remains in force until the expiration of six months from the date of receipt by one of the Parties through diplomatic channels of a written notification from the other Party of its intention to terminate this Agreement. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement. The termination of this Agreement will not affect the activities carried out in accordance with it, which were initiated but not completed before the termination of its validity, unless the Parties agree otherwise.
Done in Astana on May 28, 2014, in two originals, each in the Kazakh, Chinese and Russian languages, all texts being equally authentic.
For the Government For the Government of the Republic of Kazakhstan of the People's Republic of China
RCPI's note! The text of the Agreement in Chinese is attached below.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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