AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BELARUS AND GOVERNMENT OF THE RUSSIAN FEDERATION

of March 15, 2011

About cooperation in construction in the territory of the Republic of Belarus nuclear power plant

The government of the Republic of Belarus and the Government of the Russian Federation which further are referred to as with the Parties

in view of that both states are members of International Atomic Energy Agency (IAEA) and agreement parties about non-proliferation of nuclear weapon of July 1, 1968,

being guided by the Agreement on the basic principles of cooperation in the field of peaceful use of atomic energy of June 26, 1992 and the Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation on cooperation in the field of use of atomic energy in the peace purposes of May 28, 2009,

considering that the Republic of Belarus and the Russian Federation are participants of the Vienna convention on the civil responsibility for nuclear damage of May 21, 1963, Conventions on physical protection of nuclear material of October 26, 1979, Conventions on the operational notification on nuclear accident of September 26, 1986, the Integrated convention on safety of the treatment of the fulfilled fuel and on safety of the treatment of radioactive waste of September 5, 1997 and the Convention on Nuclear Safety of June 17, 1994,

based on the principle of mutual economic benefit,

agreed as follows:

Article 1

1. The parties perform cooperation in designing, construction and ("turnkey") commissioning in the territory of the Republic of Belarus of power units of the nuclear power plant (NPP).

The parties undertake necessary measures for commissioning of the first power unit of the NPP in 2018, the second – in 2020.

The reactor V-491 installation and turbogenerator, and also the auxiliary objects approved by competent authorities of the Parties ensuring normal and safe functioning of each power unit are part of each power unit installed capacity to 1200 MW.

2. The parties will create conditions for timely issue of the Parties by regulating authorities of permissions (licenses) for designing and construction of the NPP, export and commodity import and the services which are required for supplies of equipment and materials and also commissioning of the NPP according to the legislation of the states of the Parties.

Article 2

1. For the purpose of accomplishment of this agreement of the Party appoint competent authorities:

from the Belarusian Side - the Department of Energy of the Republic of Belarus;

from the Russian Side - State Atomic Energy Corporation "Rosatom".

2. The competent authority of the Belarusian Side assigns functions of the customer to the Republican unitary enterprise "Belarusian Nuclear Power Plant" which has the right to attract the relevant organizations which are referred to as further with the Belarusian performing organizations to implementation of cooperation within this agreement.

3. The competent authority of the Russian Side assigns functions of the prime contractor to Atomstroyexport private company which has the right to attract the relevant Russian organizations which are referred to as further with the Russian performing organizations to implementation of cooperation within this agreement.

4. Competent authorities of the Parties perform coordination of cooperation between the customer and the prime contractor, between the Belarusian and Russian performing organizations within this agreement, control over the implementation died, directed to effective fulfillment of this agreement.

5. The parties create joint Coordinating committee for implementation of coordination and control of implementation of this agreement. Each of the Parties appoints in Coordinating committee of representatives of the interested state bodies, and also customer representatives and the prime contractor. Representatives of competent authorities of the Parties are appointed cochairmen of Coordinating committee.

6. Competent authorities of the Parties notify each other in writing through diplomatic channels on possible replacement of the customer or prime contractor no later than 30 days before date of the planned replacement in time.

Competent authorities of the Parties without delay notify each other in writing through diplomatic channels in case of replacement of the customer or the prime contractor and guarantee that all rights and obligations of the customer or prime contractor under this agreement pass to the legal entity to who functions of the customer or the prime contractor will be assigned.

Article 3

1. For the purpose of implementation of cooperation, stipulated in Article 1 this agreement, the Party proceed from responsibility of competent authorities of the Parties for accomplishment by the customer and the prime contractor within the agreements (contracts) signed between them project, construction, installation and commissioning to exit of the NPP to design capacity, ensuring technical assistance in the period of warranty period of operation (within two years from signature date the customer and the prime contractor of the deed of conveyance of the block to the customer in warranty operation), production and supply of equipment, materials and nuclear fuel taking into account the term of construction of the NPP.

2. The customer and the prime contractor will approve preliminary distribution of obligations on performance of works, rendering services and delivery of goods for the NPP taking into account the greatest possible involvement of the Belarusian performing organizations for accomplishment of installation and construction works, scientific maintenance and deliveries of goods. According to the approved distribution of obligations the prime contractor in coordination with the customer prepares the corresponding technical commercial offer.

3. The obligation on ensuring physical protection of the NPP is assigned to the Belarusian Side.

Article 4

For the purpose of implementation of the cooperation provided by this agreement, the Russian Side grants to the Belarusian Side public credit in the amount and on the conditions determined by the free intergovernmental agreement about provision by the Russian Side of public credit for construction of the NPP in the territory of the Republic of Belarus.

Article 5

1. The cooperation provided by this agreement is performed on the basis of the agreements (contracts) signed between the customer and the prime contractor, determining the specific work content, deliveries, services and also the price, condition of payments, terms of accomplishment of obligations, obligations and responsibility of the customer and prime contractor.

2. Due to the activities provided by this agreement tax payment, charges (duties) is performed according to the legislation of the states of the Parties and the Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation on avoidance of double taxation and prevention of tax avoidance concerning taxes on the income and property of April 21, 1995.

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