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The protocol on procedure of control of target use of the military products delivered within the Agreement on the basic principles of military and technical cooperation between the State Parties of the Agreement on collective security of May 15, 1992

of October 7, 2002

(Protocol as amended of 22:11. 04)

The State Parties of the Agreement on collective security of May 15, 1992 which are hereinafter referred to as with the Parties

for control of target use of the military products delivered within the Agreement on the basic principles of military and technical cooperation between the State Parties of the Agreement on collective security of May 15, 1992 (further - the Agreement),

being guided accepted in Bishkek on October 11, 2000. The decision of Council of collective security on implementation of the Agreement and proceeding from article 6 of this Agreement,

agreed as follows:

Article 1

The party delivering within the Agreement the military products (further - delivering party) having the right to exercise control of its target use.

The party concerning which control is exercised provides necessary conditions to delivering party for implementation by it of control of availability and target use of the delivered military products.

Article 2

Subject of control are the military products delivered on favorable terms according to Articles 1, of 2, 6 and 10 (in new numbering) Agreements.

Article 3

The purposes of control are:

check of the target use of military products provided by the Agreement and bilateral contracts (availability of the delivered military products in national armed forces, justification of its write-off, including on irretrievable losses);

check of observance of measures of protection of the data connected with delivery of military products and which are the state secret of delivering party.

Article 4

Specially authorized representative of delivering party has the right to be present at write-off of military product samples, including on irretrievable losses, and also destruction of the compound and component parts which are carriers of the data which are the state secret of delivering party.

Article 5

The delivering party which showed willingness to exercise control not later than 15 days to the planned term of its carrying out sends to the Party concerning which control, request for receipt of permission to carrying out such control will be exercised. In request are specified military products concerning which the delivering party intends to exercise control, desirable terms of its carrying out, staff of control group, and also technical means which will be used during control. The numerical structure of control group, as a rule, shall not exceed five people if other is not stipulated by the Parties.

Article 6

Members of control group during stay in the territory of the Party concerning which control is exercised shall observe the legislation of this Party.

Article 7

The party concerning which it is supposed to exercise the control having no right to refuse acceptance of control group and in ten-day time after receipt of request, but not later than five days before expected start date of check, notifies delivering party on the readiness on monitoring procedure, having stipulated with it terms of its carrying out. Only force majeur circumstances (situations) can be exception. In these cases the Party concerning which it is supposed to carry out control can address delivering party with the offer on transfer of term of control.

Article 8

Financing of the expenses connected with control, check of destruction or write-off of military product samples including on irretrievable losses, is performed at the expense of delivering party. Payment of accommodation and food, use of transport and means of the international (long-distance) telecommunication is performed during monitoring procedure based on the shown accounts of the Party concerning which control, on its internal prices is exercised.

The ambulance, emergency medical service to members of control group is performed according to the Agreement on delivery of health care to citizens of the State Parties of the Commonwealth of Independent States of March 27, 1997 and bilateral agreements.

Article 9

The party concerning which control is exercised for its carrying out allocates representatives (representative) of the authorized body and provides to control group meeting in entrance Item, maintenance to the place of control and Item of departure, condition for work and accommodation, including food, medical attendance, use of transport, means of the international (long-distance) telecommunication is direct from object of control and promotes, in case of opportunity, to ensuring such communication in any other place at the request of the head of group, safety of in-house documents, the imported technical means of control and safety of members of control group.

Article 10

The party concerning which control is exercised shall show the military products specified in request, and also the necessary documentation confirming its target use.

Article 11

As agreed by the parties representatives of interstate bodies of system of collective security as observers behind the check course can be involved in control.

Article 12

Results of the carried-out control are drawn up by the act.

In the act are specified:

structure of control group and agent of the party concerning which control is exercised;

documents based on which control is exercised (request for monitoring procedure, the notification on permission of monitoring procedure);

purposes and objects of control;

control terms;

results of control.

The statement is drawn up in duplicate, equally authoritative, signed by the head of control group and the representative of authorized body of the Party concerning which control is exercised. One copy intends for delivering party, another - for the Party concerning which control is exercised.

Article 13

The facts of inappropriate use or lack of the delivered military products determined and fixed in the act, including the facts of its write-off in defiance of the procedure determined by Article 4 this Protocols are the basis for application of provisions of Articles 6, 9 and 11 Agreements, and also relevant provisions of the signed contracts.

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