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

of December 2, 2014

About conditions of transfer and about procedure for further use of the Kazakhstan Node Balkhash in the Russian missile warning system

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

considering interest of the Parties in preserving, development and enhancement of the Kazakhstan Node functioning in the Russian missile warning system Balkhash (further - the Balkhash Node), and also proceeding from new approaches to the organization of its further use,

based on the Treaty of friendship, cooperation and mutual aid between the Republic of Kazakhstan and the Russian Federation of May 25, 1992, the Contract between the Republic of Kazakhstan and the Russian Federation on military cooperation of March 28, 1994, the Agreement on means of missile warning systems and control of space of July 6, 1992,

confirming special status of the missile warning system (further - SPRN) and space control systems (further - SKKP) in maintenance of strategic stability and ensuring military safety of the states of the Parties,

adhering to the principles of ensuring mutual interests in development of regional air defense system of the Republic of Kazakhstan and the Russian Federation,

proceeding from the fact that functioning of the Node Balkhash shall not pose threats to the environment and life of the population

agreed as follows:

Article 1

1. This agreement determines conditions of transfer to the Russian Side of the Node located in the territory of the Republic of Kazakhstan Balkhash, and also procedure for its further use.

2. The Balkhash node which was in use at the Russian Side for signature date of this agreement according to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on procedure for content and use of the Node Balkhash missile warning systems located in the territory of the Republic of Kazakhstan of December 14, 1994 continues to be used by the Russian Side on the terms and conditions of this agreement. At the same time new borders of the parcels of land of the Node Balkhash which list of coordinate points is given in appendix to this agreement are established.

Article 2

1. Authorized bodies of the Parties on implementation of this agreement are:

from the Kazakhstan Side - the Ministry of Defence of the Republic of Kazakhstan;

from the Russian Side - the Ministry of Defence of the Russian Federation.

2. Each Party designates the official authorized for consideration of practical questions of implementation of this agreement (further - Representatives of the Parties).

3. For transfer and acceptance of the parcels of land and property of the Node Balkhash by the Parties create the corresponding parts of the joint commission on acceptance (transfer) of the parcels of land and property of the Node Balkhash which heads appoint Representatives of the Parties.

4. The parties without delay notify each other through diplomatic channels on replacement and (or) additional appointment of authorized bodies of the Parties and (or) Authorized Parties.

Article 3

1. The Balkhash node, being property of the Republic of Kazakhstan, consists of real and personal estate (further - infrastructure) and the parcels of land on which Node infrastructure Balkhash is located.

2. The technological objects and objects of providing intended for the solution of tasks in the Russian missile warning system are part of real estate.

One operating Dnieper radar station, head step-down substations, water intaking constructions, engineering complexes of radar station with constructions and communications, Items of communication and data transmission with the equipment and the equipment entering them, office buildings and constructions, storage locations and Items of repair of arms and the equipment, access roads, security barriers and constructions treat technological objects.

Residential, cultural and community, utility buildings and constructions, medical institutions, engineering systems and complexes of the military camp belong to objects of providing.

3. The rear property is part of personal estate.

4. The personal estate, the equipment and the equipment of technological objects acquired and delivered on the Balkhash Node after August 31, 1991 belong to the Party which performed financing of its acquisition, delivery, operation and repair.

Actions for deliveries of such property, the equipment and the equipment of technological objects are performed under approval of authorized bodies of the Parties.

5. Representatives of the Parties within one year from the date of the signature of this agreement approve the deeds of conveyance of the Node Balkhash to authorized body of the Russian Side containing data of value and quantitative term, category of this property of the Node Balkhash, and also sanitary and ecological assessment of condition of the parcels of land of the Node Balkhash.

The Node infrastructure Balkhash transferred to use to the Russian Side is estimated according to the legislation of the Republic of Kazakhstan.

The infrastructure belonging to the Russian Side without which operation of the Node Balkhash is impossible is estimated in accordance with the legislation of the Russian Federation and after cancellation of this agreement is transferred to the Kazakhstan Side on conditions and to the terms determined by the Parties.

Article 4

1. Infrastructure and the parcels of land of the Node Balkhash are transferred to the Russian Side to use on the following terms:

1) uses of infrastructure and the parcels of land of the Node Balkhash only on purpose according to this agreement;

2) provisions on Items of the public and military administration of the Republic of Kazakhstan of information from SPRN and SKKP;

3) the organizations of phased transition to joint operation of the Node Balkhash authorized bodies of the Parties.

2. The procedure for implementation of actions, specified in Item 1 of this Article, is determined by Article 6 of this agreement.

3. The Node parcels of land Balkhash cannot be transferred by the Russian Side to use to other physical persons and legal entities of the Parties or the third countries.

4. The taxes and other obligatory payments in the budget connected with land use and economic activity of the Node Balkhash are estimated and paid according to the procedure, established by the tax and budget legislation of the Republic of Kazakhstan.

Article 5

1. Inventory count of infrastructure of the Node Balkhash is made on annual basis by joint inventory-taking group of authorized bodies of the Parties and drawn up by the relevant acts.

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