of December 9, 2015
About continuation of activities of the International scientific and technological center
Parties of this agreement,
Expressing concern the about the international threat created by distribution of nuclear, radiological, chemical and biological weapons (further - "weapons of mass destruction" or to "OHM"), and threat of use of nuclear, radiological, chemical and biological materials as weapon;
Confirming need to prevent distribution of the technologies, materials and expert knowledge connected with OHM and means of its delivery;
In view of the Resolution 1540 of the Security Council of the United Nations ordering to all States to abstain from provision of any types of support to non-state actors which try to develop, acquire, make, transport, to transfer or use nuclear, chemical or biological weapon and its delivery systems or to have them;
Recognizing that common multilateral efforts of the States are effective remedy of prevention of such distribution, and recognizing important role of scientific research and engineering developments as crucial elements of modern threats in the field of distribution;
In view of provisions of the Agreement on organization of the International scientific and technological center (further - "MNTTs" or "Center") signed in Moscow on November 27, 1992 (further - "The agreement of 1992") and the Protocol on temporary application of the Agreement signed in Moscow on December 27, 1993 (further - "The protocol on temporary application of the Agreement");
Recognizing need of the maximum reduction of incentives for participation in activities which can lead to distribution to OHM or the related materials, by support and assistance from MNTTs of the research activities performed in the peace purposes by scientists and engineers in the countries having the technologies, expert knowledge and the related materials applicable to OHM; and also the efforts of MNTTs on prevention of distribution to OHM and assistance to scientific cooperation between the states undertaken by it in preceding period;
Understanding that successful functioning of the Center will require firm support from the governments, the European Union and European Atomic Energy Community (further - Evrat), non-governmental organizations, funds, the academic and scientific institutions and other intergovernmental and private organizations;
Expressing aspiration to that work of MNTTs was continued taking into account recent changes in member structure of MNTTs;
Expressing aspiration to further adaptation of MNTTs to the conditions which changed from the moment of its basis, the support providing opportunity and stimulations by means of activities of the MNTTs, scientists and engineers including having knowledge and skills applicable to OHM or means of its delivery (including knowledge and skills of dual purpose), who are taking part in work of the Center for the purpose of forming of the international scientific partnership, strengthening of the world safety and assistance to economic growth by innovations; and
Having made the decision, proceeding from need of more effective realization of the purposes of MNTTs by scientific cooperation, on continuation of activities of MNTTs at the expense of the signature of this agreement based on the Agreement of 1992 with changes, and with simultaneous cancellation of the Protocol on temporary execution of the Agreement
agreed about the following:
(A) MNTTs which is originally founded by the Agreement of 1992 as intergovernmental organization continues activities in accordance with the terms hereof. Each Party promotes activities of the Center in the territory. For realization of the purposes according to the laws and standard rates of the Parties the Center has legal potential for the conclusion of agreements, acquisition of personal and real estate and the order to them, and also for initiation of claims and response legal proceedings.
(B) When using in the text of this agreement the following terms have the following determinations:
(i) Means "parties", after the introduction of this agreement in force, the participants who signed this agreement who provided the notification according to Article 17 (C) this agreement, and also all and any states which joined this agreement according to article 13(B) of this agreement;
(ii) "the personnel of the Center" mean the physical persons who are in the service or working under the contract in the Center, either assigned to the Center or attached to it by agreement between the Center and one or more of the Parties;
(iii) "family members" means spouses; unmarried/unmarried children dependents aged till 21 year; unmarried/unmarried children dependents aged up to 23 years which are trained on full-time department of average special and higher educational institution; and also unmarried/unmarried children physically or mentally challenged;
(iv) "activities" of the Center mean the projects and other work performed under the auspices of the Center according to Article 2 of this agreement;
(v) "project" of the Center means the joint activities which are carried out during the predetermined time somewhere in the world in which subsidies and/or the equipment can be involved and which is subject to approval according to Article 6 of this agreement;
(vi) "consensus" of Board of governors means the consent of all Sides of Board of governors participating in meeting at which the decision is made, and voting at it on condition of availability of quorum and except for other cases provided by this agreement. The quorum and admissible forms of participation of the Parties at meetings are determined by the Charter of MNTTs according to Article 4 of this agreement;
(vii) "Host state" means the Party which was determined as the Host state according to article 9 (A) of this agreement;
(viii) "technologies, materials and expert knowledge of dual purpose" mean technologies, materials and expert knowledge which have both commercial application, and application in the field of distribution, such as the application connected with development, production, application or enhancement to OHM or its delivery systems;
(ix) "knowledge and skills of dual purpose" means knowledge and skills applicable to use of technologies, materials and expert knowledge of dual purpose in case of development, production, application or enhancement to OHM or its delivery systems; and
(x) "the connected materials" means the materials, the equipment and technologies covered by the corresponding multi-lateral agreements and agreements or included in national control lists which can be used for designing, development, production or application to OHM or means of its delivery.
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