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010000,
14, Beibitshilik str. Astana,
Republic of Kazakhstan
e-mail:bayterek.space@mail.ru
Tel.:   8 (7172) 28-06-01 
          8 (7172) 28-06-02           
          8 (7172) 28-06-03 
Fax:   8 (7172) 76-80-32.

Agreement between the Russian Federation and the Republic of Kazakhstan on the basic principles and conditions of use of the cosmodrome "Baikonur" (Moscow, 28 March 1994)


The Agreement entered into force on 19.10.94.

On ratification of the Agreement by the Republic of Kazakhstan, (see.) Resolution of the Supreme Council of the Republic of Kazakhstan dated July 14, 1994 N 133-XIII

(See.) The protocol between the Russian Federation and the Republic of Kazakhstan for the settlement of financial issues on July 6, 1998

The Russian Federation and the Republic of Kazakhstan, hereinafter referred to as Parties, recognizing the need to strengthen mutual understanding and development of equal and mutually beneficial cooperation in the exploration and use of outer space for the benefit of the people of the Russian Federation and the Republic of Kazakhstan, peace and security of the Parties, based on the Treaty of Friendship, Cooperation and Mutual Assistance between the Russian Federation and the Republic of Kazakhstan dated May 25, 1992, the Agreement between the Russian Federation and the Republic of Kazakhstan on the use of the cosmodrome "Baikonur" of 25 May 1992 and developing the previously reached agreement on Baikonur "cosmodrome ", based on the fact that the objects of the cosmodrome and Leninsk, located on the territory of the Republic of Kazakhstan, with their movable and immovable property are the property of Kazakhstan, aware of its historic responsibility for the preservation and development of scientific-technical and production potential of the cosmodrome "Baikonur", social infrastructure Leninsk, desiring to create a legal framework for use by the Russian Federation of the cosmodrome "Baikonur" for civilian and defense space programs of the Russian Federation, the Republic of Kazakhstan and the Commonwealth of Independent States, have agreed as follows:

Article 1

Testing and processing facilities and infrastructure of the cosmodrome and the city of Leninsk with their movable and immovable property constitute a single scientific, technological and social complex "Baikonur".

"Baikonur" complex used by the Russian Federation for the implementation of:

- Civil and defense space programs of the Russian Federation;

- The joint space projects of the Russian Federation, the Republic of Kazakhstan and other countries of the Commonwealth;

- International space programs and commercial space projects.

Article 2

In order to ensure the continued use of the Baikonur space activities in the interests of the Russian Federation, the objects of the complex "Baikonur" passed by the Republic of Kazakhstan to the Russian Federation for rent.

The Republic of Kazakhstan keeps the right of the Russian Federation to use land plots occupied by the objects of the complex "Baikonur" and the land under the areas separating from parts of rockets.

As a landlord for these complexes it is the Government of the Republic of Kazakhstan, as a tenant of the Russian Federation Government.

Article 3

To ensure the jurisdiction of the Republic of Kazakhstan on complex "Baikonur" the parties agreed in:

- The formulation and implementation of a mechanism that ensure the constitutional rights of citizens of the Republic of Kazakhstan, living in Leninsk;

- A joint appointment of the head of administration of Leninsk;

- The appointment of the commander of the spaceport by the President of the Russian Federation in coordination with the President of the Republic of Kazakhstan;

- The interaction of law enforcement bodies of the Russian Federation and the Republic of Kazakhstan to implement the operation of "Baikonur" complex in terms of its lease;

- On the order of visits to the spaceport and its objects relevant officials and delegations of the Republic of Kazakhstan;

- The appointment of a special representative of the President of the Republic of Kazakhstan at the cosmodrome "Baikonur".

To fulfill the provisions of this Article, the Parties conclude the appropriate agreements, establish regulations.

 

Article 4

The Russian Federation and the Republic of Kazakhstan in respect of "Baikonur" complex guided by the following principles:

1. The Russian Federation shall ensure the preservation and development of material-technical base of the complex "Baikonur" from the funds allocated to the space program.

Ownership of immovable and movable property, produced, acquired and delivered after 31 August 1991, belong to the Party that formed financing of its creation, acquisition and delivery, excluding the costs of maintenance and operation, maintenance facilities of the complex "Baikonur".

With this new construction on campus Tenant agrees with the Landlord. Lesser shall monitor the safety of facilities and conditions for their operation.

2. The Russian Federation pays a rent to the Republic of Kazakhstan for the use of complex "Baikonur" in the amount of 115.0 mln. US dollars. Part of the rent sum can be paid annually on a reimbursable basis by agreement between the two governments.

3. The parties estimate, and the Russian Federation shall compensate property losses and costs of the Republic of Kazakhstan for the maintenance and operation of the complex "Baikonur" in 1992-1993 in an amount not exceeding the public debt of the Republic of Kazakhstan to the Russian Federation.

The procedure and conditions of mutual set-off between the parties are determined by the Russian Federation and the Republic of Kazakhstan, within two months.

See. The Protocol on the settlement of mutual financial claims between the Russian Federation and the Republic of Kazakhstan (Moscow, January 20, 1995)

4. The Russian Federation supports the Republic of Kazakhstan in the implementation of space projects, primarily in the field of satellite communications and study of the Earth's natural resources, in the establishment of joint structures and training of specialists in space technology.

5. Military formations of the Russian Federation to ensure the implementation of space programs with the use of the cosmodrome "Baikonur" objects in accordance with the agreement between the Republic of Kazakhstan and the Russian Federation on the lease of these facilities have the status of Russian military units temporarily located on the territory of the Republic of Kazakhstan. At the same time the rights and responsibilities established for the Office of the Chief of the Commonwealth Joint Armed Forces of the space vehicles of Independent States in the framework of the Agreement between the Russian Federation and the Republic of Kazakhstan on the use of "Baikonur" complex of 25th of May 1992, assigned to the Military Space Forces of the Russian Federation and persist on the time required for registration of the lease of the cosmodrome "Baikonur" facilities agreement.

Russian troops carry out their activities in accordance with Russian legislation, the procedure and the rules established in the Armed Forces of the Russian Federation in accordance with legislation of the Republic of Kazakhstan. On the territory of "Baikonur" complex in relation to the military, civil officials of the Russian Federation, staff and their family members used the Russian Federation legislation, and act by its competent authorities.

In other cases, there is the law of the Republic of Kazakhstan, and act by its competent authorities.

6. "Baikonur" complex is leased for 20 years with the extension of the lease for the next 10 years by mutual agreement of the Parties.

Article 5.

1. Financing activities of legal entities of the Russian Federation at the cosmodrome "Baikonur" and in Leninsk (including the payment of wages to employees of enterprises, industries and organizations, military pay) is carried out by the Russian Federation via the Central Bank of Russia and its field offices located in Leninsk and on the territory of the cosmodrome "Baikonur", in the manner and subject to the conditions existing in Russian Federation’s banks.

Field offices of the Central Bank of Russia have the right to take on the maintenance of other entities of the Russian Federation and the Republic of Kazakhstan only by special permission of the National Bank of the Republic of Kazakhstan.

2. Transactions between residents and non-residents within the territory of the cosmodrome "Baikonur" in Leninsk, made in the national currency of the Republic of Kazakhstan. The legal tender in the cash settlements on the territory of the cosmodrome "Baikonur" and Leninsk is only the national currency of the Republic of Kazakhstan.

Purchases and sales of tenge and Russian rubles by Russian legal entities that operate in the territory of the cosmodrome "Baikonur" and Leninsk, carried out in accordance with established procedure in the foreign exchange markets of the Russian Federation and the Republic of Kazakhstan and Russian individuals - through the exchange offices of the National Bank of the Republic of Kazakhstan or through the offices of field offices of the Central Bank of Russia.

Article 6.

In order to create the economic basis for the functioning of "Baikonur" complex of the Republic of Kazakhstan of the Russian Federation reports within two months after the entry into force of this Agreement for the use of real estate, use and possession of personal property facilities of the complex. The Russian Federation shall pay for the use and possession of the property in the rent for the 1994 year since the signing of the lease agreement of the complex in the order established by the governments of the Parties.

Lease Agreement of the "Baikonur" complex is concluded by Governments of the Russian Federation and the Republic of Kazakhstan, within three months after the entry into force of this Agreement.

Article 7.

This Agreement is concluded for a period of 20 years and shall enter into force on the date of the last notification by the Parties on the implementation of necessary domestic procedures.

It shall be automatically extended for the next 10 years if neither party notifies by written notice of its wish to denounce it no later than 6 months before the expiration of this Agreement.

Disputes concerning the interpretation and application of the provisions of this Agreement shall be settled through negotiations. For the settlement of disputes under this Agreement and the decision of problematic issues on the complex "Baikonur" the governments of the Parties to the Intergovernmental Panel formed under the chairmanship of deputy heads of the governments of the Russian Federation and the Republic of Kazakhstan.

Done in Moscow on 28 March 1994 in two copies, each in the Russian and Kazakh languages, both texts being equally authentic.

For the Russian Federation                       For the Republic of Kazakhstan

/signature/                                                                    /signature/