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The agreement between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the status of the military personnel of the Central Asian battalion under the auspices of the UN

of July 24, 1997

The Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan which are hereinafter referred to as by the Parties

being organization members of the United Nations;

dividing responsibility of the international community for preservation of peace around the world;

considering that divisions of the Central Asian battalion (further Tsentrazbat) can be by agreement directed and placed in the territory of one of the Parties; proceeding from regulations of the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan on the organization and forming of collective peacekeeping battalion under the auspices of the UN of December 15, 1995 and the Regulations on peacekeeping battalion of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan under the auspices of the UN approved by the decision of Interstate council of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan of January 10, 1997;

wishing to determine the status of the military personnel of Tsentrazbat during their stay in the territory of one of the Parties;

agreed as follows.

Article 1

When carrying out peacekeeping transactions the staff of Tsentrazbat uses the status, privileges and immunities which are provided to personnel of the UN when carrying out peacekeeping transactions according to the Convention on privileges and immunities of the United Nations accepted by the United Nations General Assembly on February 13, 1946, the Convention on safety of the UN on December 9, 1994 and also provisions of relevant decisions and agreements of Interstate council of the Parties.

Article 2

In this agreement stated below terms mean:

a) the military personnel - the staff of Tsentrazbat which is in the territory of one of the parties;

b) civil personnel - the civilians accompanying Tsentrazbat's divisions and being citizens of the Parties;

c) family members are spouses and children of the military personnel or civil personnel;

d) The directing State - the Party which possesses the directed military personnel and civil personnel;

e) Host state - The party in the territory of which Tsentrazbat's divisions are placed events for preparation for peacekeeping transactions are held.

Article 3

Military personnel of the Parties, their civil personnel and members of families shall observe the Constitution and the legislation of the Host State, to respect customs and traditions of this country, to abstain from any activities not compatible to provisions of this agreement.

Article 4

1. In case of input on the territory and conclusion from the territory of the Host State of the military personnel, and also civil personnel, requirements for visa and passport control, and also rules of registration and control of foreigners do not extend to them.

2. The military personnel shall have in case of themselves:

a) identity document;

b) the order on individual and group movements in Russian issued by the Ministry of Defence of the Directing State according to the decision of the Council of Ministers of Defense, the certifying status of the individual or group of the servicemen.

3. The status of members of families shall be specified as appropriate in their passports.

4. If military personnel or civil personnel leave from service, the Directing State shall inform immediately on it relevant organs of the Host State.

5. If the Host State demanded to expel from the territory from the serviceman or civil personnel, or the member of their families who are not his citizens, the Directing State bears responsibility for execution of this requirement.

Article 5

The host state shall recognize valid the certificate on the driving right issued by the Directing State.

Article 6

1. The military personnel shall when crossing frontier and on duty in the territory of the Host State wear uniform with distinctive marks of Tsentrazbat and peacekeeping forces of the UN.

2. Regular vehicles of Tsentrazbat or civil personnel shall have, in addition to their registration number, the distinctive marks showing their state accessory.

3. The military personnel can have in case of themselves weapon if they have on it the relevant order of the military command and permission of the Host State.

Article 7

1. Military personnel, civil personnel and members of their families fall under criminal jurisdiction of the Host State in cases of making of crimes by them in its territory.

2. The directing State has criminal jurisdiction in the territory of the Host State concerning the military personnel, civil personnel and members of their families who are citizens of the Directing State in case of making of crimes by them punishable by its legislation.

3. When the crimes committed by military personnel, civil personnel and members of their families fall under jurisdiction of both states, the Directing State has the privilege of jurisdiction concerning the citizens for the crimes committed by them against property or safety of the Directing State, or against property, life and health of the military personnel, civil personnel and members of their families who are citizens of the Directing State.

4. In all other cases jurisdiction of the Host State has priority.

Article 8

The host state and the Directing State help each other during detention of the military personnel, civil personnel and members of their families which committed crime and transfer of that to the Party under which jurisdiction they fall; at the same time the Host State notifies relevant organ of the Directing State on arrest of the serviceman or civil personnel, or the members of their families who are citizens of the Directing State.

Article 9

Each of the Parties refuses the right of presentation of the claim against other Party connected with the damage caused any of the property belonging to it and used by its armed forces if such damage was caused by the military personnel who is citizens of other Party in case of execution of the service duties by them in connection with accomplishment of this agreement.

In case of the damage caused to property, except for specified in part one of this Article, the issue of responsibility is resolved in civil procedure.

Each of the Parties refuses the right to the claims against other Parties connected with wound or the death of the serviceman of its armed forces in case of execution of the service duties by it.

Article 10

Military personnel, civil personnel and members of their families have the right to medical attendance on equal terms, as staff of armed forces of the Host State.

Article 11

Military personnel, civil personnel and members of their families are exempted from all types of tax in the territory of the Host State.

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