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Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the procedure of interaction in the event of accidents during missile launches from the cosmodrome "Baikonur" (Astana, 18 November 1999)

Ratified by the Law of RK dated May 22, 2006 № 141-III

Entered into force on 23 June 2006

The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as Parties, guided by the Agreement between the Republic of Kazakhstan and the Russian Federation on the basic principles and conditions of use of the cosmodrome "Baikonur" of 28 March 1994, by the lease agreement of the "Baikonur" complex between the Government of the Republic of Kazakhstan and the Russian Federation of December 10, 1994, the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of prevention of industrial accidents, natural disasters and
the elimination of the consequences
of March 28, 1994, Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation for the ecology and use of nature in the territory of "Baikonur" complex in the conditions of the lease agreement of the Russian Federation of 4 October 1997, expressing their mutual interest in the safe use of complex "Baikonur", have agreed as follows:

Article 1

This Agreement defines the obligations of the Parties in the event of accidents during missile launches from the cosmodrome "Baikonur", the order to bring to a condition of readiness of forces and means of the Parties at the time of the launch of rockets from the cosmodrome "Baikonur", the procedure of mutual notification of the Parties on the preparation for the launch of rockets, and in case of accident as well as the procedure for bringing the necessary forces and means of the Parties to eliminate the consequences of the accident.

For the purposes of this Agreement:

- "Rocket" means any space rockets (including spacecraft, upper stage and other components) or ballistic missile with equipment elements;

- "Accident" means falling missiles or its’ falling parts on the territory of the Republic of Kazakhstan within the territory leased by the Russian Party in the Kazakh side.

Article 2

Russian side to eliminate the consequences of the accident may involve the following powers and means:

- Emergency rescue team to eliminate emergency situations at the cosmodrome "Baikonur" objects and carrying out rescue operations;

- Specialized laboratories for monitoring the impact of rocket and space activities on the environment and hygiene control on "Baikonur" complex and along the routes of flight of missiles;

- The forces and means of the aerospace search and rescue;

- Specialized biomedical rapid response teams;

- Specialized services of the operational forecasting of possible levels of environmental pollution in emergency situations;

- Minimum supply of equipments and chemical reagents for the elimination of consequences of the accident;

- Other forces and means.

Article 3

Kazakhstan Party to eliminate the consequences of the accident may involve the following powers and means:

- Special rescue, search and rescue units;

- Fire protection, sanitary-epidemiological, medical, and environmental and other services, as well as law enforcement agencies;

- Food supplies and material resources for the temporary housing unit and catering points during, if necessary, emergency measures and reception of persons who are evacuated from villages and hit in the accident area;

- Other forces and means.

The specific composition of the forces and resources of the Kazakhstan Party, attracted for elimination of consequences of the accident is determined on the basis of the operative information of the Russian Party of the proposed area of ​​the accident, its’ possible scope and impact and the necessary forces and means.

Article 4

In order to analyze the possible consequences, the Russian Party shall provide to the Kazakh side the necessary technical data on the types of missiles, their flight routes and possible areas of falling missiles in the event of an accident.

The Russian Party at the request of Kazakhstan Party provides specialists’ trainings by mutual agreement of the Republic of Kazakhstan on the elimination of consequences of failure and provides the necessary methodological support to the Kazakh side.

Article 5

In the event of an accident the Russian Party suspends launches of missiles of the type to which the rocket crashed, to clarify the causes of the accident, as informed the Kazakh side.

The Russian Party shall inform the Kazakh side on the causes of the accident, the implementation of measures to ensure the safety of subsequent launches of rockets of this type and in agreement with the Kazakh side resumes their launches.

Article 6

In order to timely bring rescue divisions of the Kazakh side in a condition of readiness; the Russian Party shall notify the Kazakh side about the upcoming rocket launch, in accordance with the agreed procedure. When you change the date and / or time of the rocket launch, the notification is made no later than 24 hours prior to the scheduled start time again. In the case of the change of launching start time less than 24 hours, notification is made without delay on the operational channels.

The Russian Party attracts reimbursable rescue units of the Republic of Kazakhstan for security in the implementation of missile launches. The order of attraction of these units is determined by the applicable agreements between the competent authorities of the Parties.

Article 7

Within 8 hours before the scheduled start time of the rocket, competent authorities of the Parties shall exchange information on the readiness of rescue units of the Parties.

In the case of occurrence of the accident the competent authorities of the Russian Party shall notify the competent authorities of Kazakhstan Party about the situation. The procedure for the mutual exchange of information is determined by agreement between the competent authorities of the Parties.

Article 8

In the event of an accident the competent authorities of the Russian Party immediately form and sent operational group of Russian specialists no later than 12 hours after the accident in disaster area to assess the situation, the organization of interaction with the authorities of the Republic of Kazakhstan and the implementation of priority actions in the aftermath of the accident.

If necessary, consistent with the Kazakh side as possible the competent authorities of the Russian side is formed and sent to the area of ​​the group of experts of the accident to eliminate the consequences of the accident.

Parties shall establish a government commission to investigate the causes and assessing the impact of the accident, which form a joint headquarters for the elimination of its consequences, and agree on the procedure for further joint action.

The result of the governmental commissions signed a joint protocol.

Article 9

Search and rescue and emergency departments’ actions of the Parties to assess the situation, including, in particular, the actions to collect rocket parts, medical examination of the population, veterinary inspection areas, sampling and analysis of the environment, carried out jointly in the manner, amount and methods according to the procedures agreed by government commissions, referred to the article 8 of this Agreement. According to the evaluation of the consequences of the accident by authorized representatives of these commissions there are signed bilateral governmental acts.

Determination of the material damage caused by the accident is made jointly by the Parties.

Article 10

The costs associated with the implementation of measures to eliminate the consequences of the accident in accordance with this Agreement and the compensation of damage are provided by the Russian Party on the results of government commissions on the basis of signed bilateral acts of assess of the effects of the accident in the agreed volumes.

Article 11

Kazakhstan Party shall ensure unhindered access of representatives of the Russian side to the places of the falling rocket parts.

In the event of a crash a joint headquarters established in accordance with Article 8 of this Agreement determines the location of the site to collect the rocket parts and their protection. Access to the site is controlled by members of the operational group of Russian experts, referred to Article 8 of this Agreement.

Kazakhstan Party shall ensure the immediate return of all parts of the rocket to the Russian side, collected in the territory of the Republic of Kazakhstan, with the provision of agreed security measures.

In cases where the search and collection of the rocket affect the interests of a third party, the Russian Party may invite its representatives to the activities in the area of ​​the accident, in consultation with the Kazakh side.

Article 12

Kazakhstan Party shall ensure that when entering the territory and leaving the territory of the Republic of Kazakhstan of representatives of the Russian side, the import and export of Russian equipment and materials for the elimination of the accident, as well as export to the Russian Federation of the parts of missiles to determine the cause of the accident simplified border and customs regime without customs duties and taxes, levying of which is the responsibility of the customs authorities, in accordance with the lease agreement of the "Baikonur" complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation dated December 10, 1994.

Kazakhstan Party as a priority provides air corridors and parking to the Russian ships participating in the elimination of the accident.

Kazakhstan Party at the request of the Russian Party shall ensure Russian specialists who came to eliminate the consequences of the accident with transport, accommodation, food, communications and compensation by the Russian Party of actual costs in the order and the sizes established for employees of state bodies of the Republic of Kazakhstan.

Article 13

Coordination of activities carried out under this Agreement:

The Kazakh side - Kazakhstan Agency for Emergency Situations and Aerospace Committee of the Ministry of Energy, Industry and Trade of the Republic of Kazakhstan;

the Russian Party - the Russian Aerospace Agency and the Ministry of Defense of the Russian Federation;

The Parties shall notify each other through diplomatic channels about the appointment of the competent authorities referred to in Articles 6, 7 and 10 of this Agreement.

Article 14

Disputes concerning the interpretation and application of this Agreement shall be resolved by the Sub commission on the complex "Baikonur" of the Intergovernmental Commission on Cooperation between the Republic of Kazakhstan and the Russian Federation.

Article 15

This Agreement shall not affect the obligations of the Parties under other international treaties to which members are the Republic of Kazakhstan and the Russian Federation.

Article 16

By mutual consent of the Parties to this Agreement there is a subject to additions and changes that are formed by separate protocols - integral part of this Agreement.

Article 17

This Agreement shall be applied provisionally from the date of its signing and shall enter into force on the date of the last written notification on fulfillment by the Parties of internal procedures necessary for its entry into force.

This agreement is valid until the expiration of the "Baikonur" complex Lease Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on December 10, 1994.

Done in Astana on 18 November, 1999, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

 

For the Government                                                     For the Government

of the Republic of Kazakhstan                                      of the Russian Federation