The agreement between the Government of the Republic of Kazakhstan and the Government of Ukraine On cooperation in the field of research and use of space

of October 14, 1997

The government of the Republic of Kazakhstan and the Government of Ukraine which are hereinafter referred to as with the Parties

considering mutual interest in combination of efforts for implementation of mutually advantageous space programs and projects;

realizing value of space science and technology for development of scientific and technical potential and social and economic area of both States;

confirming the commitment to the Agreement on cooperative principles of the Government of the Republic of Kazakhstan and the Government of Ukraine in implementation of space activities of January 20, 1994,

agreed as follows:

Article 1

The agreement determines legal and other conditions of bilateral cooperation in the field of research and use of space in the way:

- participations of legal entities of one state in projects implementation within the national space program of other state;

- participations in development and implementation of joint and multilateral space programs and projects, including commercial;

- achievements of arrangements and creation of free standing agreements in this area.

Article 2

The cooperation is performed on the basis of the following principles:

- preserving, mutually beneficial development and use of the elements of space infrastructure created in both states;

- providing the rights of the Parties is pro rata to investments made by them in share of the industrial and intellectual property created in the course of implementation of projects (performance of works) within this agreement; - coordination of the measures aimed at providing effective activities in the world market of the space equipment and services;

- state support of joint space activities;

- observance in the course of joint space activities of the international obligations, requirements of the legislation and regulations of both states, including for environmental protection with preferential action legislative and regulations of the state in the territory of which joint space activities are performed;

- preserving the state secrets and observance in the course of joint activities beforehand agreed terms of confidentiality.

Article 3

The cooperation within this agreement is performed in the following main directions:

- support and development of land space infrastructure, including experimental base for working off of the space equipment, and objects of land complexes of management and start;

- realization of joint projects on development, production and operation in the field of the missile and space equipment and space researches;

- research in the field of extra-atmospheric astronomy, physics of solar and terrestrial bonds, studying of celestial bodies and interplanetary space, and also research in other fields of space science;

- creation of new materials, technologies and the equipment for the benefit of space-rocket industries;

- search of new ways and development tools of cooperation in research and use of space.

By mutual consent of the Party can perform cooperation in other directions within this agreement.

Article 4

The cooperation in the directions specified in Article 3 of this agreement can be performed in the way:

- accomplishment of research and development works;

- starts of spacecrafts (objects), ensuring management of flights, provision of transport services and servicing of useful loads;

- operation and repair of objects of land space infrastructure, content and development of experimental base for working off of the missile and space equipment;

- provisions on mutually advantageous conditions of commercial services in starts of space objects of the third countries, their legal entities and physical persons, and also the international organizations;

- publications of information and analytical materials;

- preparation of necessary regulating documents;

- assistance to practical application by the organizations and companies of both states of space technologies in the field of production;

- provisions of objects of land space infrastructure for working off and space applications;

- preparation and retraining of specialists in space area.

By mutual consent of the Party can apply other forms of cooperation in addition.

Article 5

Ensuring accomplishment of this agreement of the Party is assigned to National aerospace agency of the Ministry of science - Academies of Sciences of the Republic of Kazakhstan (NAC RK) and the National Space Agency of Ukraine (NSAU).

Within these powers of NAC RK and NKAU:

promote development of cooperation between the interested ministries and departments, the organizations and the companies of both states;

exercise control of carrying out all types of activity on projects (works) provided by the appropriate bilateral programs and promote accomplishment of the obligations undertaken by the organizations and the companies of both states within this agreement;

approve with the interested ministries and departments or approve contracts (agreements) which are constituted by the customers representing one Party with contractors (scientific and industrial bodies) representing other Party and provide control of proper accomplishment of these contracts (agreements).

In case of need for coordination of activities of NAC RK and NKAU can create the special commissions and working groups.

Article 6

The parties not apply import and export duties, taxes, excises and not to set quantitative restrictions concerning the missile and space equipment, and also technical and processing equipment, spare parts, components and materials imported in the territory of the States of the Parties and which are exported out of limits of these territories for creation, upgrade and operation of the missile and space equipment on contractual basis, and also within multilateral space programs and space commercial projects which are implemented by the companies and the organizations of the States of the Parties, including on provision of services on starts of space objects of the third States.

Article 7

Each of the Parties when implementing national and international projects with its participation can use separate objects of land space infrastructure of other Party on contractual basis.

The parties do not take unilaterally actions which could exert negative impact on functioning of space objects and the objects of land space infrastructure placed in the territory of their states.

Article 8

The parties will promote exchange of scientific and technical information on space researches, technologies and their application on the basis of the agreed principles, regulations and procedures.

Scientific both the specifications and information received when carrying out joint operations and experiments will be available to both Parties and bodies authorized by them.

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