Agreement between the Russian Federation and Republic of Kazakhstan on the basic principles and conditions of use of the Baikonur spaceport

of March 28, 1994

The Russian Federation and the Republic of Kazakhstan which are hereinafter referred to as with the Parties, recognizing need of strengthening of mutual understanding, development, equal and mutually beneficial cooperation for research and use of space for the benefit of the people of the Russian Federation and the Republic of Kazakhstan, put

world and safety of the Parties,

based on the Treaty of friendship, cooperation and mutual aid between the Russian Federation and the Republic of Kazakhstan of May 25, 1992, the Agreement between the Russian Federation and the Republic of Kazakhstan on procedure for use of the Baikonur spaceport of May 25, 1992 and developing earlier reached agreements on the Baikonur spaceport,

proceeding from the fact that the objects of the spaceport and Leninsk located in the territory of the Republic of Kazakhstan with their personal and real estate are property of Kazakhstan

understanding the historic responsibility for preserving and development of scientific and technical and potential production of the Baikonur spaceport, social infrastructure of Leninsk,

wishing to create the legal basis of use of the Baikonur spaceport by the Russian Federation for accomplishment of civil and defense space programs of the Russian Federation, the Republic of Kazakhstan and the Commonwealth of Independent States,

agreed as follows:

Article 1.

Test, technological objects and the providing infrastructure of the spaceport and the city of Leninsk with their personal and real estate constitute the single scientific and technical and social Baikonur complex.

The Baikonur complex is used by the Russian Federation for implementation:

- civil and defense space programs of the Russian Federation;

- joint space projects of the Russian Federation, Republic of Kazakhstan and other State Parties of the Commonwealth;

- international space programs and commercial space projects.

Article 2.

For the purpose of ensuring further use of the spaceport for the benefit of space activities of the Russian Federation, objects of the Baikonur complex are leased by the Republic of Kazakhstan of the Russian Federation.

The Republic of Kazakhstan keeps beyond the Russian Federation right to use by the parcels of land, occupied facilities of the Baikonur complex and lands allocated under areas of fall of the separated parts of carrier rockets.

As the Lessor on the specified complex the Government of the Republic of Kazakhstan, acts as the Lessee the Government of the Russian Federation.

Article 3.

For providing jurisdiction of the Republic of Kazakhstan over the Baikonur complex the parties agreed:

- about development and realization of the mechanism providing constitutional rights of the citizens of the Republic of Kazakhstan living in Leninsk;

- about joint position assignment of the head of administration of Leninsk;

- about appointment of the commander of the spaceport the President of the Russian Federation in coordination with the President of the Republic of Kazakhstan;

- about interaction of law enforcement agencies of the Russian Federation and the Republic of Kazakhstan on implementation of functioning of the Baikonur complex in the conditions of its lease;

- about procedure for visit of the spaceport and its objects by the corresponding officials and delegations of the Republic of Kazakhstan;

- about appointment of the special representative of the President of the Republic of Kazakhstan at the Baikonur spaceport.

For accomplishment of provisions of this Article of the Party sign the relevant agreements, establish regulations.

Article 4.

The Russian Federation and the Republic of Kazakhstan concerning the Baikonur complex are guided by the following basic principles:

1. The Russian Federation provides preserving and development of material and technical resources of the Baikonur complex at the expense of the funds allocated for carrying out space programs.

The property rights to the real and personal estate created, acquired and delivered after August 31, 1991 belong to the Party which performed financing of its creation, acquisition and delivery without the cost accounting to content and operation, running repair of objects of the Baikonur complex.

At the same time the new construction in the territory of the Lessee complex approves with the Lessor. The lessor exercises control of safety of objects and conditions of their operation.

2. The Russian Federation pays to the Republic of Kazakhstan the rent for use of objects of the Baikonur complex in the amount of 115, 0 million US dollars. Part of the rent can annually be paid on compensation basis under approval between the governments of two countries.

3. The parties estimate and the Russian Federation compensates property losses and expenses of the Republic of Kazakhstan on content and operation of the Baikonur complex in 1992-1993 in the amount which is not exceeding public debt of the Republic of Kazakhstan of the Russian Federation.

The procedure and conditions of mutual offsetting between the parties are determined by the governments of the Russian Federation and the Republic of Kazakhstan in two-month time.

4. The Russian Federation renders assistance to the Republic of Kazakhstan in implementation of space projects, first of all in the field of satellite communication and research of natural resources of Earth, in creation of joint structures and in training of specialists on the space equipment.

5. The military forming of the Russian Federation providing accomplishment of space programs with use of objects of the Baikonur spaceport according to the contract between the Republic of Kazakhstan and the Russian Federation on lease of these objects have the status of the Russian military forming which are temporarily located in the territory of the Republic of Kazakhstan. At the same time the rights and obligations established for Management of the chief of space means of the Joint Armed Forces of the Commonwealth of Independent States within the Agreement between the Russian Federation and the Republic of Kazakhstan on procedure for use of the Baikonur complex of May 25, 1992 are assigned to Military space forces of the Russian Federation and remain for the terms necessary for execution of the lease agreement of objects of the Baikonur spaceport.

The Russian military forming perform the activities in accordance with the legislation of the Russian Federation, the procedure and rules established in the Armed Forces of the Russian Federation taking into account the legislation of the Republic of Kazakhstan. In the territory of the Baikonur complex concerning the military personnel, persons from civil personnel of the Russian Federation and members of their families the legislation of the Russian Federation is applied and its competent authorities are effective. In other cases the legislation of the Republic of Kazakhstan is applied and its competent authorities are effective.

6. The Baikonur complex is leased for 20 years with prolongation of lease term the next 10 years in case of mutual consent of the Parties.

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