The agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on transfer of the personal estate which was in places of dislocation of military forming till May 25, 1993 in temporary use to the Russian military base located in the territory of the Republic of Tajikistan

of October 16, 2004

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

being guided by regulations of the Contract between the Russian Federation and the Republic of Tajikistan on the status and conditions of stay of the Russian military base in the territory of the Republic of Tajikistan of April 16, 1999 (further - the Agreement of 1999),

considering the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on structure and organizational and regular structure of the Russian military base in the territory of the Republic of Tajikistan of October 16, 2004,

agreed as follows:

Article 1

For the purposes of this agreement the used concepts mean the following:

"personal estate" - the property which is in use of the Russian military base, including all types of arms and military equipment, and also other appliances;

"the Russian military base" - the military forming of the Armed Forces of the Russian Federation which are in the territory of the Republic of Tajikistan with arms, military equipment and necessary inventories of appliances occupying the parcels of land which borders are determined by the free standing agreement

"military forming of the Russian military base" ("military forming") - connections, the military units, divisions, the companies, organizations and other forming of the Armed Forces of the Russian Federation which are in the territory of the Republic of Tajikistan and being part of the Russian military base.

Article 2

For the purposes of this agreement authorized bodies of the Parties are:

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

from the Tajik Side - the Ministry of Defence of the Republic of Tajikistan.

Notify each other on change of names of the authorized bodies of the Party through diplomatic channels.

Article 3

The personal estate which was in places of dislocation of military forming on the actual technical condition till May 25, 1993 is property of the Republic of Tajikistan.

Within three months from signature date of this agreement the joint Russian-Tajik commission of representatives of authorized bodies of the Parties which determines the list of the personal estate which was in places of dislocation of military forming on the actual technical condition till May 25, 1993 which is transferred under acts to the Tajik Side is created.

According to article 5 of the Agreement of 1999 the Tajik Side transfers to the Russian Side under acts personal estate according to organizational and regular structure of the Russian military base to temporary use on a grant basis.

Statements are drawn up at the same time, affirm the Minister of Defence of the Russian Federation and the Minister of Defence of the Republic of Tajikistan.

Article 4

The Russian side during the term of this agreement supports the personal estate transferred to temporary use to the Russian military base in technically serviceable condition, and also performs at own expense all types of repair.

The personal estate transferred to temporary use to the Russian military base in necessary cases under approval between the Parties can be exported on the territory of the Russian Federation for carrying out capital repairs.

The Russian side after the terms coordinated between authorized bodies of the Parties imports back into places of dislocation of the Russian military base in the territory of the Republic of Tajikistan the repaired personal estate.

In case of irretrievable loss of the personal estate transferred to temporary use to the Russian military base, the Russian Side indemnifies to the Tajik Side the caused loss according to the procedure and the amounts determined by the Conciliation commission formed according to article 20 of the Agreement of 1999.

Article 5

The personal estate after the term of stay of the Russian military base in the territory of the Republic of Tajikistan or on minovaniye of need is transferred to the Tajik Side in technically serviceable condition under the acts approved by the Minister of Defence of the Russian Federation and the Minister of Defence of the Republic of Tajikistan.

Article 6

The personal estate delivered in the Russian military forming which are in the territory of the Republic of Tajikistan after May 25, 1993 is property of the Russian Federation. After effective period of this agreement or upon termination of the term of stay of the Russian military base in the territory of the Republic of Tajikistan the decision on further use of the specified property is accepted according to article 5 of the Agreement of 1999.

Article 7

The dispute resolution which can arise in case of implementation of this agreement is performed according to article 20 of the Agreement of 1999.

Article 8

By mutual consent of the Parties changes and additions which are drawn up by the separate protocols which are becoming effective according to the procedure, stipulated in Article the 9th this agreement, and being its integral parts can be made to this agreement.

Article 9

This agreement is temporarily applied from signature date, becomes effective after the notification on accomplishment of necessary interstate procedures by the Parties and remains in force before cancellation of the Agreement of 1999.

It is made in Dushanbe on October "16", 2004 in duplicate, everyone in the Russian and Tajik languages, and both texts are equally authoritative.

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