On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba landfill

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba landfill

The Law of the Republic of Kazakhstan dated July 5, 2000 No. 81-II.

To ratify the Agreement between the Republic of Kazakhstan and the Russian Federation on the Terms of Use and Lease of the Emba landfill, signed in Moscow on January 20, 1995.

President

Republic of Kazakhstan

Agreement between the Republic of Kazakhstan and the Russian Federation on the terms of use and lease of the Emba landfill

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on May 7, 2003)

The footnote. See Law No. 283 dated July 21, 2007 "PROTOCOL between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Amendments and Additions to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the Lease of the Emba Test Site dated October 18, 1996".

The Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,

 based on the provisions The Treaty of Friendship, Cooperation and Mutual Assistance between the Republic of Kazakhstan and the Russian Federation dated May 25, 1992, the Treaty between the Republic of Kazakhstan and the Russian Federation on Military Cooperation dated March 28, 1994, the Agreement between the Republic of Kazakhstan and the Russian Federation on the use of test sites dated January 22, 1993,

 Guided by the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Military-Technical Cooperation dated March 28, 1994,

 Proceeding from the fact that the Emba landfill facilities located on the territory of the Republic of Kazakhstan, with their movable and immovable property, are the property of the Republic of Kazakhstan, recognizing the need to preserve and develop the Emba landfill in order to ensure the defense capability and in the interests of the development of science of the Parties,

 Considering the important role of the Emba test site in ensuring the security of the Parties and the need to preserve and develop an experimental test base for testing promising weapons and military equipment,

 have agreed on the following:

Article 1

The subject of this Agreement is the Emba landfill, hereinafter referred to as the Landfill, as well as the procedure for the transfer by the Republic of Kazakhstan of land, movable and immovable property of the Landfill to the Russian Federation on lease terms. The list and composition of movable and immovable property of the Landfill, the duration of the lease, the amount of rent and the time of its payment are determined by a separate lease agreement concluded within three months after the signing of this Agreement.

The landfill is located on the territory of the Aktobe region of the Republic of Kazakhstan. The boundary of the land plots of the Polygon is considered to be the line connecting geodetic signs and reference points on the ground, the coordinates of which are given in the annex, which is an integral part of this Agreement.

Article 2

1. Movable and immovable property of the Landfill, created and delivered before August 31, 1991, is the property of the Republic of Kazakhstan.

 2. Ownership of movable and immovable property created, acquired and delivered to the Landfill after August 31, 1991 belongs to the Party that financed its creation, acquisition and delivery, excluding the costs of maintenance, operation and maintenance of movable and immovable property of the Landfill. At the same time, the Russian Federation coordinates with the Republic of Kazakhstan the creation and supply of such property, as well as the use of real estate by the Parties after the end of the lease period.

In all cases, ensuring the environmental and other safety of design solutions is carried out by submitting the necessary data to the relevant ministries and departments of the Republic of Kazakhstan by the Landfill command for study and expert opinion.

Article 3

1. The Republic of Kazakhstan transfers the movable and immovable property of the Landfill for temporary use to the Russian Federation on lease terms according to the agreed inventory lists as of August 31, 1991. After signing this Agreement, the Parties shall establish a joint commission to prepare a lease agreement for the said property. The Joint Commission determines the amount of the annual rent in the lease agreement, and also estimates the amount of property losses and expenses of the Republic of Kazakhstan related to the operation of the Landfill by the Russian Federation in 1992-1994 at the level of the annual rent for each year. The Governments of both Countries determine the payment mechanism in accordance with the lease agreement.

 To this end, the Parties shall submit to the joint commission, when it is established, the documents necessary for the implementation of these works.

 2. The Republic of Kazakhstan transfers the Landfill land plots to the Russian Federation for temporary use on a lease basis. The Russian Federation pays for the lands used by the Landfill during their lease (permanently or periodically) in the interests of the Russian Federation.

Article 4

Movable and immovable property transferred to the Russian Federation on lease terms, and the corresponding land plots specified in the annex to this Agreement, should be used only for their intended purpose to ensure the fulfillment of the tasks facing the Landfill. This property and land plots cannot be sublet to legal entities and individuals of the Parties and third countries.

Article 5

Upon expiration of the lease term, as well as in case of early termination of this Agreement or termination of work on certain facilities transferred under lease, the Russian Federation returns to the Republic of Kazakhstan the leased movable and immovable property, the corresponding land plots in a condition suitable for further operation, taking into account their depreciation.

 In all cases, the acceptance and transfer of property and land plots is carried out by a joint commission composed of authorized representatives of the Parties.

Article 6

1. Military formations that ensure the operation of Landfill facilities and movable immovable property transferred to the Russian Federation are part of the Armed Forces of the Russian Federation. The status of military formations of the Russian Federation temporarily located on the territory of the Republic of Kazakhstan is determined by a separate agreement of the Parties.

 2. The structure and staffing of military formations are approved by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan.

 The appointment of the head of the Landfill is carried out by the President of the Russian Federation in consultation with the President of the Republic of Kazakhstan on the proposal of the Minister of Defense of the Russian Federation, agreed with the Minister of Defense of the Republic of Kazakhstan.

 3. In case of changes in the volume of tasks performed by the Range, the Ministry of Defense of the Russian Federation, in coordination with the Ministry of Defense of the Republic of Kazakhstan, carries out the necessary changes in the structure and staffing of military formations of the Ministry of Defense of the Russian Federation.

Article 7

The activities of the Landfill leased to the Russian Federation are regulated by the regulations on it, approved by the Ministry of Defense of the Russian Federation in coordination with the Ministry of Defense of the Republic of Kazakhstan, and are carried out on the basis of:

 Landfill development plans, including capital construction plans;

 annual research and testing plans;

 annual plans for conducting tactical exercises of the Parties' troops with live missile launches;

 annual plans for the operation and repair of weapons and military equipment.

 Annual plans and schedules are approved by the Ministries of Defense of the Parties no later than December 1 of the year preceding the planned one.

Article 8

When using the leased movable and immovable property of the Landfill, the Russian Federation undertakes to ensure:

 restoration and maintenance of the Landfill infrastructure;

 testing of samples of weapons and military equipment of the Parties within the designated borders;

 safety of work and missile launches within the Range;

 the use of the Firing range for live firing in the interests of the Armed Forces of the Republic of Kazakhstan by agreement between the Ministries of Defense of the Parties;

 the safety of the scientific and technical testing complex and the infrastructure of the Landfill and their maintenance in good condition;

 search, evacuation and disposal of remnants of missiles and targets, timely cleaning of battlefields;

 timely elimination of the consequences of accidents and compensation for damage caused to the Republic of Kazakhstan;

 improving the environmental situation within the Landfill through the development, approval and implementation of long-term and annual nature protection programs.

 In cases of falling targets, aircraft, missiles or their parts outside the combat fields of the Range, the Russian Federation shall provide the Republic of Kazakhstan with official information about the incident within twenty-four hours. The investigation is conducted by a joint commission of the Parties, established within no more than three days, with the submission of the investigation materials of the case to the Republic of Kazakhstan and the Russian Federation.

 The Landfill Command, together with local authorities and management, determines the procedure for using the Landfill sites during seasonal agricultural work.

 The operation and maintenance of intra-polygon communication lines, highways and railways are carried out by the military formations of the Landfill that operate these facilities.

About

 The temporary termination or restriction of planned operations of the Landfill when using its territory for other purposes is carried out on the basis of joint decisions of the Ministries of Defense of the Parties.

Article 9

The disposal and burial of radioactive, toxic substances, nuclear and chemical weapons, and other products that pose a danger to human health, flora and fauna are prohibited on the land plots used by the Landfill.

Article 10

The Russian Side is obliged to comply with environmental regulations, operating rules and norms of water and land use of the Republic of Kazakhstan. The environmental damage caused by the Landfill's activities is being eliminated by the Russian Federation. At the same time, the amount of damage and the forms of its compensation are determined by a specially created interstate commission.

Article 11

Enterprises and organizations, military departments, and individuals of the Russian Federation are prohibited from geological exploration, mining, commercial animal hunting, fishing, and harvesting wild plants on the territory of the Landfill.

Article 12

Military personnel, their family members, and industry specialists, when they are sent to a new place of service or work from the Russian Federation to the Landfill and back, transport personal property across the customs border without paying customs duties, excise taxes, and other taxes, the collection of which is entrusted to the customs authorities.

Article 13

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, including at the expense of rent, in accordance with the procedure established by the Legislation of the Republic of Kazakhstan. The Agreement between the Republic of Kazakhstan and the Russian Federation on military cooperation dated March 28, 1994.

Article 14

The airspace above the territory of the Landfill, the boundaries of which are defined in the annex to this Agreement, is used to ensure its activities.

 The procedure and conditions for using the airspace above the Landfill are determined by legislative and other regulatory acts of the Republic of Kazakhstan.

Article 15

The passage of goods for the Landfill through the customs borders of the Republic of Kazakhstan and the Russian Federation is carried out in accordance with the customs legislation of the Republic of Kazakhstan and the Russian Federation without payment of customs duties, excise taxes and other taxes, the collection of which is entrusted to the customs authorities.

Article 16

The disposal of leased movable and immovable property, which is subject to write-off in accordance with technical standards, is carried out by the state body of the Republic of Kazakhstan authorized to manage state property, upon the agreed submission of the Ministries of Defense of the Parties.

Article 17

On the territory of the Landfill, all types of support, including commercial, social, and medical services are provided by the Russian Side.

 Both citizens of the Republic of Kazakhstan and citizens of the Russian Federation are accepted for civilian personnel positions. At the same time, regardless of their nationality, they are subject to all conditions of remuneration that comply with the labor legislation of the Russian Federation.

Article 18

The military formations of the Russian Federation located at the Landfill, as well as the maintenance of the Landfill infrastructure, are funded by the Russian Federation.

 The issues of circulation of the national currencies of the Parties in order to ensure the vital activity of military personnel and military formations located on the territory of the Training Ground are regulated in accordance with the Agreement between the National Bank of the Republic of Kazakhstan and the Central Bank of the Russian Federation.

Article 19

The polygon is a high-security feature. Its counterintelligence support is carried out in accordance with the Agreement between the Republic of Kazakhstan and the Russian Federation on Cooperation and Cooperation to ensure the security of military formations of the Russian Federation temporarily located in the territory of the Republic of Kazakhstan and their members.

 Security measures at the Landfill facilities are organized and carried out by the Landfill command in accordance with the procedure established by the Armed Forces of the Russian Federation.

 Representatives of military units of the Ministry of Defense of the Republic of Kazakhstan and the Ministry of Defense of the Russian Federation, as well as industrial organizations of the Parties, are allowed to enter the Training Ground on the basis of agreed schedules for development, research, plans for tactical exercises of the Armed Forces of the Republic of Kazakhstan and limited applications from these units and organizations.

 The admission of officials of the Republic of Kazakhstan to the Landfill for the performance of their official duties is carried out in accordance with the procedure established by the regulatory acts of the Republic of Kazakhstan, as well as the regulations on the Landfill.

 The stay of third-country nationals at the Landfill is agreed upon by the Parties in accordance with the established procedure.

Article 20

The Republic of Kazakhstan may establish special bodies and, if necessary, send their representatives to the Landfill to resolve issues related to the implementation of the Landfill lease agreement.

Article 21

Coordination of the Parties' activities on the implementation of this Agreement is carried out by a joint committee, which is established in accordance with the Agreement between the Republic of Kazakhstan and the Russian Federation on Military Cooperation dated March 28, 1994. At the same time, the joint committee, within the limits of its powers, makes decisions on controversial issues. In other cases, he submits relevant proposals to the Governments of the Parties.

Article 22

This Agreement may be amended and supplemented based on the mutual consent of the Parties.

 The agreement is concluded for a period of ten years. Its validity will then be automatically extended for the next ten years, unless either Party notifies the other Party in writing of its desire to terminate it at least six months before the expiration of the relevant period.

 This Agreement is suspended if the Parties have not reached an agreed decision on the terms of the lease, or if the Parties fail to comply with these terms.

 This Agreement shall be temporarily applied from the date of its signing and shall enter into force on the date of the last notification by the Parties on the completion by each of them of the internal procedures necessary for its entry into force.

Done in Moscow on January 20, 1995, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

For the Republic of Kazakhstan

For the Russian Federation

Annex to the Agreement between the Republic of Kazakhstan and the Russian Federation on the terms of use and lease of the Emba landfill

List of coordinates of geodetic signs and reference points defining the boundaries of land plots Emba Landfill

---------------------------------------------------------------------------

 The number ! The name! Rectangular ! Geographical coordinates

 the reference one ! geodetic ! coordinates ! north. width

 dots ! A sign ! X (M) ! (deg.min.)

! ! ------- ! ----------------

! ! U (M) ! east.longitude

! ! ! (deg.min.)

 ---------------------------------------------------------------------------

1 ! 2 ! 3 ! 4

 ---------------------------------------------------------------------------

27 5 409 131 48 49

10 582 487 58 08

1 5 404 450 48 46

10 583 230 58 08

2 ed.234 5 400 655 48 44

10 583 320 58 08

3 5 398 020 48 42

10 586 990 58 11

4 ed.299 5 395 665 48 41

Lopukhovy 10 588 169 58 12

5 ed.266 5 368 749 48 36

Elongated 10 584 115 58 08

6 ed.253 5 369 062 48 27

Karagandymol 10 583 062 58 07

7th ed.316 5 340 141 48 11

Arstan 10 597 401 58 19

8 5 326 600 48 04

10 589 700 58 12

9th ed.313 5 280 440 47 39

Aktorkol 10 601 500 58 21

10 5 273 200 47 35

10 603 900 58 23

11 5 264 100 47 30

10 604 200 58 26

12 rev.287 5 259 695 47 28

Five Beams 10 603 867 58 23

13 5 259 610 47 28

10 584 000 56 06

14 5 180 000 46 45

10 584 000 58 06

15 5 180 000 46 45

10 560 000 57 47

16 5 247 200 47 21

10 564 400 57 51

17 5 318 900 48 00

10 535 800 57 29

18 5 333 500 48 08

10 535 850 57 29

19 5 344 280 48 14

10 540 620 57 33

20 5 370 080 48 28

10 582 165 57 42

21 5 378 380 48 32

10 564 050 57 52

22 ed.232 5 386 921 48 36

Breakage 10 569 280 57 56

23 5 392 900 48 40

10 573 670 58 00

24 5 393 100 48 40

10 570 090 57 57

25 5 394 580 48 41

10 570 355 57 57

26 5 407 395 48 48

10 578 460 58 04

27 5 409 131 48 49

10 582 487 58 08

President

Republic of Kazakhstan

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