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Protocol on the mechanism of rendering military technical assistance to state members of the Collective Security Treaty Organization in cases of emergence of threat of aggression or making of act of aggression

of October 6, 2007

The state members of the Collective Security Treaty Organization (further - the Organization) which are hereinafter referred to as with the Parties

confirming the obligations according to article 4 of the Agreement on collective security of May 15, 1992 about provision of necessary assistance of one of the Parties in case of making against it of aggression,

considering military technical assistance to one of the most important components of such help and proceeding from need of working off of the mechanism of its implementation,

agreed as follows:

Article 1

For the purposes of the this Protocol mentioned below terms mean:

military technical assistance (further - the Help) - provision of military products on non-paid or other preferential basis for the purpose of maintenance and recovery of combat readiness of Armed Forces of the Party (Parties) in case of threat of making of act of aggression against the specified Party or when the Party applies the right to individual or collective self-defense according to article 51 of the Charter of the UN or when the Party became subject of acts of terrorism or other threats to sovereignty and territorial integrity;

military products - arms, military equipment, documentation, works, services, results of intellectual activities, including exclusive rights on them (intellectual property), and information in military and technical area, and also any other products carried by the national legal system, regulatory legal acts of the Parties to military products;

authorized body - the state body determined by the national legal system of the Parties on which responsibility according to Article 4 this Protocols is conferred;

subjects of military and technical cooperation - state bodies and/or the organizations of the Parties which according to the national legal system of the Parties are granted the right to implementation of foreign trade activity concerning military products;

the notification - the document which the authorized body of delivering party informs authorized body of the Party receiver and the Secretary general of the Organization (further - the Secretary general) on the opportunities and conditions of rendering military technical assistance.

I. General provisions

Article 2

The this Protocol determines procedure and conditions of assistance for the following cases (situations):

in case of beforehand the revealed preparations for aggression, planning of large-scale acts of the international terrorism and possibility of manifestation of other external safety hazards, sovereignty and territorial integrity of one or several Parties (далееслучай aggression threats);

when making aggression, large-scale acts of the international terrorism and manifestation of other external safety hazards, to sovereignty and territorial integrity of one or several Parties.

Article 3

The appeal about assistance is sent from the Head of the Party (Parties) to Heads of other Parties what the Secretary general is notified on. In the address the military necessary product range, amount and terms of assistance are specified.

Article 4

Responsibility for approval of all questions concerning the military product range, its amounts, conditions and terms of practical supply activity is assigned to authorized bodies of the Parties.

Each Party notifies the Secretary general on the authorized body appointed for the purposes of the this Protocol, and also without delay reports in case of its change.

The secretary general without delay notifies the Parties on authorized bodies of other Parties, and also informs in case of their change.

Article 5

Integrated headquarters of the Organization:

performs the sales activity of decisions of Heads of the Parties of assistance based on orders of the Council of Ministers of Defense of the Organization or addresses of heads of authorized bodies of the Parties on assistance each case;

will organize working off of the mechanism of assistance during practical doctrines and trainings;

beforehand develops, in case of need, and approves the formalized samples of the documents necessary for realization of the this Protocol with authorized bodies of the Parties.

II. Procedure for assistance

Article 6

The interstate mechanism of preparation and implementation of decisions on assistance within the this Protocol is determined and drawn up by each Party according to the national legal system of the Parties what the Secretary general is notified on.

Article 7

In case of situation which will be regarded by Council of collective security of the Organization as threat of making of act of aggression against the either party the Help is provided by the Parties according to their national legal system.

Preparation of the draft decision of Council of collective security of the Organization is performed by the Secretary general. Approval and signing of the decision of Council of collective security of the Organization can be performed routinely.

In case of emergency the decision on assistance can be made by each of the Parties independently and be implemented according to its legislation based on the appeal of the Party (Parties) on assistance.

Article 8

Authorized bodies of delivering parties create offers on requirements satisfaction of the Party receiver (Parties receivers) with indication of possible military product ranges, amounts, terms and priority of deliveries, and also conditions on which the Help will be provided, and notify on it authorized body of the Party receiver.

Article 9

After approval of questions of assistance authorized bodies and/or subjects of military and technical cooperation sign the relevant contracts (agreements) for rendering this Help.

Article 10

The questions concerning the military product range of amounts and conditions of assistance can be approved by authorized bodies of the Party receiver with authorized bodies of delivering parties beforehand.

Article 11

In case of making of act of aggression the decision on assistance in case of the appeal of the Party (Parties) concerning which (which) it is performed is accepted independently by each of the Parties and (which) it is performed is implemented according to their domestic legislation in amounts, on conditions and according to the procedure, approved with authorized body of the Party receiver. At the same time the Parties which made the decision on assistance inform the Secretary general on the purposes and content of the forthcoming actions.

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