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AGREEMENT BETWEEN THE REPUBLIC OF BELARUS AND REPUBLIC OF KAZAKHSTAN

of January 22, 2016

About interaction of the Presidential Security Service of the Republic of Belarus and Service of the state protection of the Republic of Kazakhstan on safety of protected persons and objects

The Presidential Security Service of the Republic of Belarus and Service of the state protection of the Republic of Kazakhstan (further – the Parties),

being authorized state bodies according to the Republic of Belarus and the Republic of Kazakhstan in the field of the state protection,

emphasizing mutual interest in adjustment and development of cooperation concerning safety of protected persons and objects,

agreed as follows:

Article 1

For the purposes of this agreement the following basic concepts are applied:

the state protection – the function of the Parties in the field of safety of protected persons and the protected objects performed for needs of public administration on the basis of set of legal, organizational, security, regime, technical, operational search, information and other measures;

the protected person – person who is subject to the state protection according to the laws and other regulatory legal acts of the states of the Parties;

security action – set of the actions performed by the Parties including using forces and means of other state bodies of safety, in places of permanent or temporary stay of protected persons, including on the trasses of their journey aimed at safety of protected persons and objects;

the protected objects – buildings, structures and constructions in which the public authorities adjacent to the specified buildings, structures and constructions of the territory and the water area which are subject to protection for the purpose of safety of protected persons and also other objects which are subject to protection according to the laws and other regulatory legal acts of the states of the Parties are placed;

the arriving Party – the Party which protected persons of the state arrive to the territory of the state of the host party;

the host party – the Party in the territory of which state security events are held;

own safety – the condition of security of the Party from external and internal threats providing capability to resist disorganizing its activities to factors.

Other terms used in this agreement will be applied according to the national legal system of the states of the Parties.

Article 2

The parties perform interaction and coordination according to this agreement, being effective within the competence in case of observance of the national legal system and international treaties which participants are the Republic of Belarus and the Republic of Kazakhstan.

Article 3

The parties perform interaction and coordination of the activities for the following main directions according to the national legal system of the states:

a) safety of protected persons and objects;

b) exchange of information, accumulating and use of information in the limits determined by each of the Parties independently;

c) use in the activities of materials, technical and vehicles, equipment, weapon, ammunition, special means, the equipment and means of communication;

d) ensuring own safety;

e) professional training and retraining of personnel;

e) development of the regulatory legal base.

The procedure and realization of interaction and coordination of activities of the Parties if necessary can be determined by the specific directions of cooperation by agreed decisions of the Parties.

Article 4

In the field of safety of protected persons and the protected objects of the Party according to the national legal system of the states perform interaction and coordination:

a) when holding security actions in places of stay of protected persons in the territory of the Republic of Belarus or the Republic of Kazakhstan;

b) in case of the prevention, identification and suppression of illegal infringement of protected persons and the protected objects;

c) in case of receipt of information on threat to the vital interests of protected persons;

d) when conducting investigation and search operations for the benefit of safety of protected persons.

Safety of protected persons during their stay in the territory of the host party can be ensured based on joint decisions of the Parties.

The host party ensures safety of protected persons on requests of other Party during their stay in the territory of the host party.

Allocation of necessary number of forces and means, including motor transport required for safety of protected persons and objects is performed by the host party proceeding from nature and reality of threat of their safety taking into account opinion of the arriving Party.

The Parties bear the expenses connected with holding security actions independently and according to national legal systems of the states.

Article 5

The parties within the competence according to the national legal system of the states and this agreement communicate on the questions which are of mutual interest and take measures for its obtaining for the written request.

The list of data which the Parties within this agreement exchange and also the procedure for request and information transfer are determined by the Parties by the mutual arrangement.

Provision of information it can be refused fully or partially if the required Party believes that its provision can cause damage to sovereignty, to safety or other essential interests of the state or contradicts its national legal system or the international obligations. The requesting Party is notified on the reasons of such refusal in writing.

The party ensures safety of the acquired information which can be transferred to the third parties only from written consent of other Party which provided this information and in the amount established by it. Use of this information shall not lead to disclosure of objects of their interest, the joint and/or approved events held and the used operational forces and means.

The parties according to the national legal system of the states conduct office trials, including if necessary joint and (or) approved, on the facts of unauthorized distribution or the loss of data carriers infringing on interests of the Parties.

Obligations of the Parties on ensuring safety of the acquired information remain in force and after cancellation of this agreement.

Article 6

Import to the territory of the state of the host party, export about its territories, carrying, application and use in the territory of the state of the host party of weapon, materials, technical and vehicles, equipment, ammunition, special means, the equipment and means of communication are regulated by the national legal system of the state of the host party.

Article 7

The parties within competence and according to the national legal system of the states timely communicate about the safety hazards of the Parties, the staff of the Parties and members of their families which became to them known, and also about the illegal and other compromising actions of staff of the Parties.

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