The agreement between the Russian Federation and the Republic of Tajikistan on procedure for transfer under protection to the Republic of Tajikistan of the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State Afghanistan protected by the Russian boundary bodies and border troops, and about procedure for cession of property, used by bodies of the Federal Security Service

of October 16, 2004

The Russian Federation and the Republic of Tajikistan which are hereinafter referred to as by the Parties

in view of readiness of the Republic of Tajikistan to accept the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State Afghanistan protected by the Russian boundary bodies and border troops under protection of Committee on protection of Frontier under the Government of the Republic of Tajikistan together with the property used by bodies of the Federal Security Service on the transferred site

based on the Agreement between the Russian Federation and the Republic of Tajikistan on legal status of the Border troops of the Russian Federation which are in the territory of the Republic of Tajikistan of May 25, 1993,

agreed as follows:

Article 1

The parties charge to the authorities to hold the events connected with transfer of the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State Afghanistan protected by the Russian boundary bodies and border troops under protection to Committee on protection of Frontier under the Government of the Republic of Tajikistan and also to perform transfer of the real and personal estate used by bodies of the Federal Security Service on the transferred site.

Article 2

Authorities of the Parties, actionees of this agreement, are:

from the Russian Side - Federal Security Service of the Russian Federation;

from the Tajik Side - Committee on protection of Frontier under the Government of the Republic of Tajikistan.

For implementation of actions, stipulated in Article 1 this agreement, authorities of the Parties create the joint commission, determine its structure and operating procedure.

Article 3

Transfer of the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State Afghanistan protected by the Russian boundary bodies and border troops under protection to Committee on protection of Frontier under the Government of the Republic of Tajikistan is performed from the date of entry into force of this agreement according to the schedule approved by authorities of the Parties and Afghanistan is drawn up by the joint commission the delivery-acceptance certificate of the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State.

Article 4

Along with transfer under protection to Committee on protection of Frontier under the Government of the Republic of Tajikistan of the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State Afghanistan protected by the Russian boundary bodies and border troops transfer located on the transferred site of the real estate used by bodies of the Federal Security Service with execution of the delivery-acceptance certificate of the site of Frontier of the Republic of Tajikistan by the joint commission with the Transitional Islamic State Afghanistan is performed.

The conveyance of real property is performed according to the List of the transferred real estate which is appendix to the delivery-acceptance certificate of the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State Afghanistan. The list of the transferred real estate is approved at the time of its transfer. Real estate of bodies of the Federal Security Service in process of its release can be transferred to the Tajik Side.

The procedure for the conveyance of real property is determined by the separate protocol.

Article 5

The authority of the Russian Side for the purpose of assistance in hardware of authority of the Tajik Side will consider question of conditions of transfer to the Tajik Side of part of the personal estate which is property of the Russian Federation and being in the territory of the Republic of Tajikistan.

Transfer of personal estate, including arms, military equipment and other military and technical personal estate, is performed according to the procedure, established by the legislation of the Russian Federation.

Article 6

Date of transmission of the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State Afghanistan protected by the Russian boundary bodies and border troops under protection to Committee on protection of Frontier under the Government of the Republic of Tajikistan and delegation of power on its protection to authority of the Tajik Side is approval of the delivery-acceptance certificate by cochairmen of the joint commission formed according to Article 2 of this agreement.

Article 7

If in the course of holding actions, stipulated in Article 1 this agreement, there will be questions, not solvable at the level of the joint commission, they are given to permission of heads of authorities of the Parties or the representatives who are specially authorized by them.

Article 8

The authority of the Russian Side along with transfer under protection to authority of the Tajik Side of the site of Frontier of the Republic of Tajikistan with the Transitional Islamic State Afghanistan protected by the Russian boundary bodies and border troops concerning the citizens of the Republic of Tajikistan passing military service in military units of Border management of Federal Security Service of the Russian Federation in the Republic of Tajikistan based on the Agreement between the Russian Federation and the Republic of Tajikistan on procedure for completing and passing of military service by citizens of the Republic of Tajikistan in the Border troops of the Russian Federation which are in the territory of the Republic of Tajikistan of March 30, 1994 holds the following events:

recalls the citizens undergoing military service to the order of authority of the Tajik Side;

- discharges the citizens passing military service under the contract from military service or in case of the consent of the serviceman and authority of the Tajik Side recalls to the order of authority of the Tajik Side.

Article 9

By mutual consent of the Parties changes and additions which are drawn up by the separate protocols which are integral part of this agreement can be made to this agreement.

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