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Agreement between the Government of the Russian Federation and Government of the Republic of Kazakhstan on cooperation on creation of the Kazakhstan communication satellite and broadcasting of "KAZSAT"

of January 18, 2005

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

in view of the Agreement between the Republic of Kazakhstan and the Russian Federation on the basic principles and conditions of use of the Baikonur spaceport of March 28, 1994, the Agreement between the Republic of Kazakhstan and the Russian Federation on development of cooperation on effective use of the Baikonur complex of January 9, 2004 and the Lease agreement of the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation of December 10, 1994, proceeding from interests of development of mutually beneficial cooperation between the Republic of Kazakhstan and the Russian Federation in the field of development and use of space,

agreed as follows:

Article 1

The purpose of this agreement are determination of the basic principles and conditions for implementation of cooperation of the Parties on creation of the Kazakhstan communication satellite and broadcasting of "KAZSAT" in geosynchronous orbit and creation on its base of the Kazakhstan space communication system and broadcasting.

Article 2

The cooperation in pursuance of this agreement is performed according to the legislation of the states of the Parties which is not contradicting this agreement with respect for the universally recognized norms and principles of international law and without prejudice to accomplishment of obligations by the Parties under other Agreements which participants are their states.

Article 3

Authorized bodies under this agreement are:

from the Kazakhstan Side - informatization and communication Agency of the Republic of Kazakhstan, the Ministry of Education and Science of the Republic of Kazakhstan;

from the Russian Side - Federal Space Agency and the Ministry of information technologies and bonds of the Russian Federation.

For the purposes of this agreement the term "the cooperating organizations" means the organizations performing (rendering) specific works (services) within this agreement.

The cooperating organizations for accomplishment (rendering) of specific works (services) connected with accomplishment of obligations on development, production, start into geosynchronous orbit and the subsequent operation of the Kazakhstan KAZSAT satellite and also with creation of land complex of management and monitoring system of communication in the territory of the Republic of Kazakhstan, are:

from the Kazakhstan Side - "Republican Center of Space Communication and Electromagnetic Compatibility of Radio-electronic Means" joint-stock company, Kazsat joint-stock company;

from the Russian Side - the Federal state unitary enterprise "State Research and Production Space Center of M. V. Khrunichev", the Federal state unitary enterprise "Space communication".

The parties without delay inform each other through diplomatic channels in case of change of their authorized bodies and the cooperating organizations.

Article 4

The KAZSAT satellite is put to geosynchronous orbit and is placed in the coordinated Russian orbital line item provided temporarily in in the geosynchronous orbit determined as agreed by the parties with the frequency and polarizing plan, necessary for the KAZSAT satellite, for the free standing agreement between administrations of communication of the Parties determining questions of the international coordination of orbital and frequency resource.

Article 5

The cooperating organizations determine the approved requirements and characteristics of the companion, land complex of management and monitoring system of communication of space communication system and broadcasting of "KAZSAT", orbital and frequency resource, condition of acceptance of the KAZSAT satellite and objects of land complex of management and monitoring system of communication in operation, preparation and training of the Kazakhstan personnel and implement them within the contract.

Article 6

The principles, regulations and procedures of organizational, financial, legal and technical nature for the works which are carried out within this agreement are subject of separate contracts (agreements). The parties do not bear responsibility according to the obligations following from separate contracts (agreements) signed by the cooperating organizations.

Article 7

The Kazakhstan Side within this agreement provides:

financing of works and services in necessary amounts;

creation in the territory of the Republic of Kazakhstan of the objects of land infrastructure necessary for placement and operation of land complex of control of the KAZSAT satellite and monitoring system of communication.

Article 8

Taking into account the procedure of coordination actions in International union of telecommunication for the Kazakhstan satellite system, the Russian Side having by the time of start of the KAZSAT satellite temporarily free orbital and frequency resource in geosynchronous orbit provides to the Kazakhstan Side on a temporary basis (for the term of active existence of the companion in orbit, but no more than 15 years) the coordinated orbital and frequency resource as agreed by the parties with the frequency and polarizing plan, necessary for the KAZSAT satellite, and also taking into account the existing international coordination agreements.

The parties perform exchange of information concerning allocation of radio-frequency range and assist each other in questions of coordination of orbital and frequency assignments in International union of telecommunication, including questions of joint protection of distribution of frequencies.

Article 9

The parties jointly provide registration of the KAZSAT satellite as space object in geosynchronous orbit according to the Convention on registration of the objects started in space of January 14, 1975.

Article 10

The equipment and component parts, including the service equipment, the software (further - the Equipment) which will be imported on customs area of the Republic of Kazakhstan, including from the third countries, for the purposes of project implementation of creation and delivery to orbit of the Kazakhstan KAZSAT satellite, land complex of management and monitoring system of communication are completely exempted in the territory of the Republic of Kazakhstan from collection of customs payments, taxes and other charges.

The customs clearance of the Equipment is performed without provision of licenses and other permissions of state bodies of the Kazakhstan Side only in the presence of the document issued by authorized body of the Kazakhstan Side confirming use of the Equipment for the purpose of this agreement.

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