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Agreement on distribution of all property of the former USSR abroad

of July 6, 1992

The State Parties of this agreement which are referred to as further the Party

recognizing that the termination of existence of USSR as the states - the subject of international law dictates need of the fastest settlement of complex of the questions connected with property of the former USSR abroad between the states - legal successors on behalf of the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic Kyrgyzstan, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan and Ukraine;

confirming the right of each Party to ownership, use and the order of the fair fixed share of property of the former USSR which is due to it abroad, in case of observance of the rights and interests of other Parties, and also the laws of the states in the territory of which there is this property;

aiming at creation of proper conditions for implementation of practical tasks of foreign policy of the Party;

noting exclusive value of observance of the conditions for the guaranteed accomplishment by the Parties of the international obligations following for them from contracts and agreements of the former USSR as it is fixed in the Agreement on legal succession concerning the former public debt and assets of USSR of December 4, 1991, and in development of the Agreement of Chapters of gosudarstvuchastnik of the Commonwealth of Independent States "About property of the former USSR abroad" of December 30, 1991 mentioned above

agreed as follows:

Article 1

Subject of consideration of this agreement is the movable and immovable property of the former USSR outside its territory and investment, being located abroad which were available at the time of legal succession in ownership, use and the order of the former USSR, its state bodies and other structures of all-union value which were under its jurisdiction or control.

The above-stated property is subject to the Section and passes to the Parties according to the following scale of the fixed shares in assets of the former USSR on the basis of single aggregative indicator:

+--------------------------------------------------------------------+
¦          Государство - участник Содружества        ¦       Доля    ¦
¦                Независимых Государств              ¦ (в процентах) ¦
+----------------------------------------------------+---------------¦
¦                                                    ¦               ¦
¦    Азербайджанская Республика                      ¦       1,64    ¦
¦    Республика Армения                              ¦       0,86    ¦
¦    Республика Беларусь                             ¦       4,13    ¦
¦    Республика Казахстан                            ¦       3,86    ¦
¦    Республика Кыргызстан                           ¦       0,95    ¦
¦    Республика Молдова                              ¦       1,29    ¦
¦    Российская Федерация                            ¦      61,34    ¦
¦    Республика Таджикистан                          ¦       0,82    ¦
¦    Туркменистан                                    ¦       0,70    ¦
¦    Республика Узбекистан                           ¦       3,27    ¦
¦    Украина                                         ¦      16,37    ¦
¦                                                    ¦               ¦
+----------------------------------------------------+---------------¦
¦    Итого                                           ¦      95,23 *) ¦
+--------------------------------------------------------------------+

This scale is subject to immediate realization in practical policy of the Parties. At the same time the Parties proceed from the interdependence existing between the obligation to participate in repayment and to incur expenses on servicing of the public external debt of the former USSR in the shares established in the stated above scale and sales opportunity of the property right of each of the Parties to the share of all property of the former USSR which is due to it abroad.

The share of each Party in property of the former USSR is abroad expressed as a percentage to the total amount of all this property in each specific country.

Assets of the former USSR, except specified in the first part of this Article, not being subject of this agreement, are subject to the Section on the basis of the free standing agreement.

The question of assessment and separation of Diamond fund of the USSR shall be regulated by the special agreement.

Article 2

Distribution of property concerning the real estate used by diplomatic, consular and other representations of the former USSR, and also the personal property connected with servicing of these representations is performed in priority procedure.

Application of the fixed shares given in Article 1 of this agreement belongs also:

to all types of the infrastructures belonging to the former USSR abroad and profit on their operation;

to the income from realization of all types of the property belonging to the former USSR abroad;

to property and profit on activities of the former USSR, and also the legal entities who were under its jurisdiction or control including sovzagranbanka;

to property of the former USSR, all-union departments the, and also all non-governmental organizations which had the all-union status and performing nation-wide functions;

to the profit got from accomplishment of all types of contractual and other works according to bilateral and multilateral agreements of the former USSR including intergovernmental and interdepartmental;

to space, air, sea, land and other systems and their infrastructures, and also the profit got from their operation taking into account acting or able to be prisoners concerning this property of agreements and specifics of the property.

This scale is applied also to all other types of property of the former USSR abroad which are not mentioned above concerning which there will be need of consideration.

Article 3

Each Party has the right to several tenancy, use and the order due and the fixed share which departed to it from all property of the former USSR, and also the right to its allocation in nature. The possibility of the Section in nature of property of the former USSR abroad shall be performed with proper accounting of ensuring normal functioning of objects of property.

Article 4

Allocation in nature to the due and departed each Party of ownership ratio of the former USSR abroad for several tenancy, use and the order is performed on the basis of free standing agreements between concerned parties.

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