The agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan on procedure and conditions of involvement of the scientific organizations, scientists and specialists of the State Parties to accomplishment of national scientific and technological programs
of June 26, 1998
The government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan which are hereinafter referred to as the Party
being effective according to the commonly accepted principles and rules of international law;
based on the Contract on creation of common economic space between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan of April 30, 1994;
for the purpose of forming of the approved legal basis and involvement of the research organizations, scientists and specialists of the State Parties to accomplishment of national scientific and technological programs;
according to the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan on creation of general scientific and technological space of March 14, 1997,
agreed as follows.
For the purposes of this agreement the stated below terms have the following values:
- The national scientific and technological program (further "Program") any scientific and technological program or the independent Section of the research and development works of other program performed at the expense of means of the government budget in the State Party of this agreement;
- The state customer - the executive body of the State Party responsible for the organization of works on accomplishment of the Program performing its financing, acceptance of the completed phases and work in general;
- The organization customer - the scientific or other organization determined by the State customer, the main contractor of the Program and acting as the customer of works on the basis of the agreement (contract) with the Organization contractor and/or the Contractor;
- The organization contractor - the scientific or other organization of one State Party performing work on the Program of other State Party of this agreement;
- The contractor - the scientist or the specialist of one State Party performing work on the Program of other State Party of this agreement.
1. The organization customer has the right:
sign in coordination with the State customer of the state agreements with the Organizations contractors and/or with Contractors of the State Parties of this agreement on accomplishment of scientific and technological researches and developments, and also other works provided in the Program, with payment of the performed works from the funds allocated for program implementation;
dispose and use results of the scientific and technological researches and developments executed within the contract between the Organization customer and the Organization contractor and/or the Contractor in coordination with the State customer;
make converting and direct transfer of money to the partners performing the ordered works and being in other State Parties of the Agreement;
patent and use results of the scientific and technological researches and developments executed under the agreement in the territory of other states taking into account interests of the Organization contractor and/or the Contractor.
2. The organization contractor and the Contractor is granted the right:
sign according to the current legislation of the state agreements on accomplishment for the Organization customer scientific and technological researches and developments;
use in coordination with the State customer for own needs results of the scientific and technological researches and developments executed under the agreement if other is not provided in the contract between the Organization customer and the Organization contractor and/or the Contractor.
1. The main form of cooperation between the Organization customer and the Organization contractor and/or the Contractor is the agreement signed according to the legislation of the state of the location of the Organization customer, including questions of maintaining confidentiality of data, the intellectual property rights, procedure and conditions of their use, ensuring execution and discharge of the Parties taking into account provisions of this agreement.
2. Irrespective of form of involvement of the Contractor to performance of work (in the place of the main work or temporary work in the Organization customer) he keeps the contractual labor relations with the employer in the place of the permanent job according to the national legal system of the country of the permanent place of residence.
The contractors working at the territory of the country of the location of the Organization customer:
the Organizations customers follow employment policies and procedures (the labor law of the state of the location of the Organization customer is applied to them);
use (including family members) medical and household services in regulations and according to the procedure, accepted for citizens of the state of the location of the Organization customer;
receive assistance in employment of the full age family members arriving together with the Contractor, the device of children in school and preschool institutions according to the procedure established in the country of the location of the Organization customer;
pay taxes according to the legislation of the state of residence of the Organization customer if other is not provided by the agreements regulating exception of double taxation, signed between the relevant states;
have the right of free movement on the territory of the country of the location of the Organization customer except for of objects and zones for which visit according to the legislation of the country of the location of the Organization customer the special mode is provided or special permission is required.
This agreement does not affect the right of the Parties to take the measures for protection of interests of homeland security connected with accomplishment of scientific and technological programs by the Organizations contractors and/or Contractors of other states.
1. This agreement does not affect situations of other international treaties which participants are the Parties.
2. This agreement becomes effective from date of delivery on storage to depositary of the last notification on accomplishment by the Parties of all necessary interstate procedures which signed it.
This agreement is effective within five years from the date of its entry into force. After this term the Agreement is automatically prolonged for the next five-year period if the Parties do not make other decision.
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