On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on cooperation in the field of civil defense, prevention and Liquidation of emergency situations

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On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on cooperation in the field of civil defense, prevention and Liquidation of emergency situations

The Law of the Republic of Kazakhstan dated December 28, 2022 No. 170-VII SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on cooperation in the field of civil defense, prevention and elimination of emergency situations, signed in Ashgabat on October 25, 2021.

President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on cooperation in the field of civil defense, prevention and liquidation of emergency situations

The Government of the Republic of Kazakhstan and the Government of Turkmenistan, hereinafter referred to as the Parties,

Aware of the danger posed to the States of the Parties by natural, man-made and environmental emergencies,

Striving to strengthen the traditionally friendly relations between the peoples of their states, the full development of interstate relations and comprehensive cooperation between the Republic of Kazakhstan and Turkmenistan,

Recognizing that the development of cooperation between the States of the Parties in the field of civil defense, prevention and elimination of emergency situations will contribute to improving the welfare and security of both States.

Taking into account the possibility of emergency situations that cannot be eliminated by the forces and means of one of the States of the Parties, and the need for coordinated actions by both States to prevent and eliminate emergency situations,

Convinced of the urgent need to strengthen cooperation among States in developing and adopting effective, practical measures to prevent and eliminate emergencies,

Considering that the exchange of scientific and technical information in the field of emergency prevention and response is of mutual interest,

based on the interdependence of the ecological systems of both countries, which requires a coordinated policy for the prevention and elimination of emergency situations, as well as the organization of environmental monitoring;

Supporting the efforts of the United Nations and other international organizations in the field of civil defense, emergency prevention and response,

have agreed on the following:

Article 1 Subject of the Agreement

This Agreement defines the interaction of the Parties in the field of civil defense, prevention and liquidation of emergency situations, training of specialists in the field of emergency situations to provide voluntary and mutual assistance in the event of a disaster or other disaster.

Article 2 Definitions

For the purposes of this Agreement, the following terms are used:

"emergency situation" is a situation that has arisen as a result of an accident, disaster, or disaster of a natural or man-made nature that has caused or may cause human casualties, harm to human health, the environment, and industrial and social infrastructure facilities, significant material losses, and violations of the living conditions of the population.;

"Emergency prevention" is a set of preventive measures aimed at minimizing the risk of emergencies and their impact on human health and the environment.;

"emergency rescue operations" - actions aimed at saving lives and preserving human health, protecting the property of legal entities and individuals, the environment in an emergency zone, eliminating emergency situations and suppressing or reducing to the lowest possible level the impact of their characteristic hazards;

"liquidation of emergency situations" - emergency rescue and other urgent work carried out in case of emergency situations and aimed at saving lives and preserving human health, protecting the environment, reducing damage and material losses, as well as localizing emergency zones.;

"emergency zone" - the territory in which an emergency situation has developed (declared);

"civil defense" is a state system of government bodies and a set of national measures carried out in peacetime and wartime in order to protect the population, economic facilities and the territory of the country from the effects of damaging (destructive) factors of modern weapons, natural and man-made emergencies.;

"equipment" - materials, technical and transport equipment, aid group equipment and personal equipment of the group members;

"support materials" are material resources intended for free distribution to the population affected by an emergency situation.;

"Requesting Party" means a Party that requests the other Party to send teams to provide assistance, equipment and supplies.;

"Providing Party" - A Party that satisfies the request of the requesting Party to send teams to provide assistance, equipment and supplies;

"competent authority" is the body appointed by each of the Parties to manage and coordinate the work related to the implementation of this Agreement.;

"assistance team" is an organized group of specialists from the providing Party, designed to assist in emergency situations and provided with the necessary equipment.

Article 3 Competent authorities

The Parties shall appoint competent authorities for the implementation of this Agreement.:

from the Republic of Kazakhstan - Ministry of Emergency Situations of the Republic of Kazakhstan;

on the part of Turkmenistan - the Ministry of Defense of Turkmenistan.

The Parties shall immediately notify each other through diplomatic channels of changes in the names of their competent authorities and the transfer of their functions to other authorities.

Article 4 Forms of cooperation

All activities under this Agreement are carried out in accordance with the national laws of the States of the Parties and are subject to the availability of the necessary funds from each of the Parties.

Cooperation under this Agreement provides for:

monitoring of dangerous man-made and environmental processes, as well as natural phenomena;

forecasting of emergency situations and assessment of their consequences;

exchange of experience in organizing the preparation of the population for emergency situations, including the provision of medical care in emergency situations;

organization of interaction of the interested state structures on liquidation of emergency situations;

assessment of the risk to the environment and the public in connection with possible pollution as a result of industrial accidents, disasters and natural disasters;

joint planning, development and implementation of research projects, exchange of scientific and technical information and research results;

exchange of information on the prevention, occurrence and elimination of emergency situations, periodicals, methodological and other literature, video and photographic materials, as well as technologies;

organization of joint conferences in the field of emergency prevention and response, seminars, workshops, exercises and trainings;

organization of joint publications and reports;

training of specialists in educational institutions of the state of the other Party, exchange of interns, teachers, scientists and specialists;

ensuring interaction between the competent authorities of the Parties;

mutual assistance in emergency situations;

other activities in the field of emergency prevention and response, which are coordinated by the competent authorities.

Article 5 Cooperation between government agencies and organizations

The Parties shall promote cooperation between government agencies and other organizations of the States of the Parties engaged in activities in the field of civil defense, prevention and liquidation of emergency situations.

Article 6 Conditions of reception of representatives of the Parties

When participating in activities established by Article 4 of this Agreement that are not directly related to emergency response assistance, the sending Party shall bear the costs of travel of its representatives to the destination, accommodation and meals for its representatives, unless otherwise agreed by the Parties.

The receiving Party shall bear the costs of organizing joint conferences, seminars, workshops, exercises and trainings, as well as the relocation of representatives of the sending Party to the territory of its State, unless otherwise agreed by the Parties.

Article 7 Provision of assistance

Assistance is provided on the basis of a written request in which the requesting Party provides information about the time, place, nature and scale of the emergency, and indicates the type and amount of assistance needed.

The providing Party reviews the request as soon as possible and informs the requesting Party about the possibility, scope and conditions of providing assistance or the impossibility of providing assistance.

The management of the assistance teams is carried out by the competent authority of the requesting Party through the heads of these teams.

Article 8 Types of assistance

Emergency response assistance will be provided by sending assistance teams, support materials, or in any other requested form.

Relief teams are used to carry out emergency rescue operations in the emergency area.

The requesting Party informs the heads of the assistance teams about the situation in the emergency zone and at specific work sites, and, if necessary, provides these groups with interpreters and communication facilities, as well as provides security, free medical care and coordinates their actions.

The equipment of the relief teams should be sufficient to conduct autonomous operations in the emergency zone for 72 hours. Upon completion of the resource reserves, the requesting Party provides the specified groups with the necessary funds, food and accommodation for their further work, unless otherwise agreed by the Parties additionally.

Article 9 Conditions of crossing the State border by aid groups and the regime of their stay in the territory of the requesting State

Members of the assistance teams cross the State border of the requesting State through established checkpoints without obtaining visas using their identity documents. The team leader must have a list of the members of the assistance team and a document issued by the competent authority of the providing Party confirming his authority. Members of the assistance teams stay in the territory of the requesting State without visas until the completion of emergency response work.

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, criminal and administrative legislation.

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 modes of transport is determined by the competent authorities of the States of the Parties in coordination with the relevant ministries and departments.

Article 10 Import and export of equipment and support materials for emergency response assistance

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.

Customs clearance of equipment and support materials is carried out in a simplified form and on a priority basis on the basis of notifications issued by the competent authorities of the States of the Parties, which indicate the composition of the assistance teams, the list of imported and exported equipment and support materials.

Aid groups are prohibited from transporting any goods other than equipment and supplies.

After the completion of the assistance work, the imported equipment must be exported from the territory of the requesting State. If, due to special circumstances, it is not possible to remove the equipment, it may be donated as assistance to the competent authority of the requesting Party on agreed terms. In this case, it is necessary to notify the competent and customs authorities of the requesting Party, indicating the types, quantity and location of the transferred equipment.

If it is necessary to provide emergency medical care to the victims, the necessary amount of medicines containing narcotic substances may be imported into the territory of the requesting State. In this case, the head of the assistance team submits to the customs authorities of the providing and requesting Parties a declaration on the availability of medicines containing narcotic substances, indicating their nomenclature and quantity.

These medicines are not subject to transfer to the requesting Party and are used exclusively by qualified medical personnel under the supervision of representatives of that Party.

Unused medicines containing narcotic substances are subject to export under the customs control of the requesting Party on the basis of documents confirming the nomenclature and quantity of these drugs. For spent medicines containing narcotic substances, the customs authority of the requesting Party shall be provided with an act on their use, signed by the head and doctor of the assistance team and certified by a representative of the competent authority of the requesting Party.

Article 11 Use of aircraft

The competent authority of the providing Party shall inform the competent authority of the requesting Party of the decision to use aircraft for assistance, indicating their type and markings, route, number of crew members, nature of cargo, place and time of take-off and landing.

The requesting Party authorizes the flight of aircraft to a certain point on the territory of its State in accordance with the procedure established by the national legislation of the Parties.

Flights are carried out in accordance with the rules established by the International Civil Aviation Organization and the States of the Parties.

Article 12 Use of watercraft

The competent authority of the providing Party shall inform the competent authority of the requesting Party of the decision to use watercraft for assistance, indicating their type and markings, route, number of crew members, nature of cargo, place and time of departure and arrival.

The requesting Party authorizes arrival at a certain port on the territory of its State.

Mooring on the water and in the port under the jurisdiction of the requesting Party is carried out in accordance with international maritime law and the national legislation of the requesting State.

Article 13 Reimbursement of expenses

The requesting Party shall reimburse the providing Party for the costs associated with the provision of assistance, unless otherwise agreed by the Parties.

The requesting Party may cancel its request for assistance, but in this case the providing Party is entitled to receive reimbursement of the costs incurred by it.

Reimbursement of expenses shall be made immediately upon receipt of a request from the providing Party, unless otherwise agreed by the Parties.

The providing Party will insure the members of the assistance teams. Insurance costs are included in the total cost of assistance.

The providing Party is exempt from fees for the flight, landing, parking at the airport (airfield) and take-off of aircraft, as well as from fees for air navigation services.

The vessels of the providing Party are exempt from entry fees, access to ports, maneuvering and port charges.

The issues of reimbursement of fuel and maintenance costs for aircraft and water vessels to the providing Party will be resolved separately on a case-by-case basis.

The Parties shall independently bear the costs that will arise in the course of their implementation of this Agreement, within the limits of the funds provided for in accordance with national legislation, unless a different procedure is agreed in each specific case.

Article 14 Compensation for damage

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.

If a member of the assistance team in carrying out tasks related to the implementation of this Agreement causes damage to a legal entity or individual in the territory of the requesting Party's State, the requesting Party shall compensate the damage in accordance with the legislation of its State.

The harm caused by a member of the assistance team as a result of his guilty actions is subject to compensation by the providing Party.

Article 15 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 national 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 agreed in writing by the competent authorities of the Parties.

Article 16 Other obligations and 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 17 Dispute resolution

Disputes and disagreements regarding the interpretation and/or application of the provisions of this Agreement will be resolved through negotiations and consultations between the competent authorities of the States of the Parties.

Article 18 Final provisions

This Agreement shall enter into force on the date of receipt 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 of a written notification to 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 integral parts 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 the city of Ashgabat on October 25, 2021, in two original copies, each in the Kazakh, Turkmen and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the text in Russian.

For the Government

Republic of Kazakhstan

For the Government

Turkmenistan

President

Republic of Kazakhstan

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