Treaty between Republic of Kazakhstan and Russian
Federation on Military Cooperation, signed in Moscow on 28 March
1994
The Republic of Kazakhstan and the
Russian Federation, hereafter referred to as the contracting
parties,
Guided by the Treaty on Friendship, Cooperation, and Mutual
Assistance between the Republic of Kazakhstan and the Russian
Federation of 25 May 1992,
Mindful of earlier agreements on cooperation in the sphere
of
defense within the confines of the Commonwealth of Independent
States and on a bilateral basis in the interest of guaranteed
collective security,
Aware of the need for the precise and consistent fulfillment
of the obligations assumed by the contracting parties in
connection with the Treaty on the Reduction and Limitation of
Strategic Offense Arms of 31 July 1991 and the protocol signed
in Lisbon on 23 May 1992, hereafter referred to respectively as
the START-I Treaty and the Lisbon Protocol,
Acknowledging the need for united effort and concerted
action
for reliable joint defense within the confines of the common
military-strategic territory,
And expressing the wish to give the military cooperation
between the contracting parties a new quality and to provide it
with a legal foundation,
have agreed as follows:
Article 1
For the purposes of this treaty, the following terms will be
defined in this way:
"Strategic nuclear forces" (SNF)--military elements,
including large and small units, institutions, organizations,
and facilities, armed with or storing strategic nuclear weapons,
and the units securing their operations.
"Integrated military units"--large and small units of the
Armed Forces of the Republic of Kazakhstan and the Armed Forces
of the Russian Federation assigned by the contracting parties
for joint defensive missions.
"Facilities used for defensive purposes"--test sites,
military facilities, the facilities of industrial
representatives, and battlefields, located on parcels of land
within the territory of the contracting parties and capable of
being used by the parties jointly or transferred by one of the
parties to the other, including lease transfers, for use for
military purposes in the interest of strengthening the defensive
capabilities of both parties.
"Delivery system"--the intercontinental ballistic missile
(ICBM), the heavy bomber (HB), and the air-launched cruise
missile (ALCM).
"Nuclear munitions"--the ICBM or ALCM warheads containing a
nuclear charge.
Article 2
The contracting parties reaffirm their commitment to
friendly
interstate relations based on the principles of mutual respect
for state sovereignty and territorial integrity, the
inviolability of borders, the peaceful settlement of disputes
and the refusal to use force or threats of force, and the
conscientious fulfillment of treaty commitments in accordance
with the Treaty on Friendship, Cooperation, and Mutual
Assistance between the Republic of Kazakhstan and the Russian
Federation of 25 May 1992, as well as the observance of other
common standards of international law.
In the event of a situation threatening the security,
independence, or territorial integrity of one of the contracting
parties, the Republic of Kazakhstan and the Russian Federation
will hold consultations without delay and undertake specific
actions to give one another the necessary assistance, including
military assistance, in accordance with international law, the
bilateral Treaty on Friendship, Cooperation, and Mutual
Assistance of 25 May 1992, and the Treaty on Collective Security
of 15 May 1992.
Article 3
Strategic nuclear forces deployed within the territory of
the
Republic of Kazakhstan and the Russian Federation will perform
missions in the security interests of the contracting parties.
The Republic of Kazakhstan, with a view to the existing
system for the functioning of the strategic nuclear forces
located within its territory, will assign these military units
of the strategic nuclear forces the status of strategic nuclear
forces of the Russian Federation--Russian military elements
temporarily deployed within the territory of the Republic of
Kazakhstan.
Until all of the strategic nuclear weapons temporarily
located within the territory of the Republic of Kazakhstan have
been eliminated or withdrawn to the territory of the Russian
Federation, the decision on the need to use these weapons will
be made by the president of the Russian Federation with the
approval of the president of the Republic of Kazakhstan.
In these cases, the Russian Federation will guarantee the
institution of organizational and technical measures to preclude
the unauthorized use of strategic nuclear weapons located within
the territory of the Republic of Kazakhstan.
The terms of the presence of strategic nuclear forces within
the territory of the Republic of Kazakhstan, corresponding to
the standards of international law, will be defined in a
separate agreement.
Article 4
All movable and immovable military property will belong to
the contracting party within whose territory it was located on
31 August 1991.
The Russian Federation acknowledges the right of the
Republic
of Kazakhstan to receive compensation (in monetary form or some
other form) equivalent to the value of the materials, agreed
upon by the contracting parties, in nuclear munitions and
delivery systems, as well as equipment and other property of the
strategic nuclear forces located within the territory of the
Republic of Kazakhstan on 31 August 1991 before their withdrawal
to the territory of the Russian Federation.
Appraisals of the value of the materials and equipment and
of
the Russian Federation's expenditures on their maintenance,
transport, and recycling, as well as the proportional share of
compensation to be granted to the Republic of Kazakhstan, will
be conducted according to a procedure agreed upon by the
contracting parties.
Property rights to facilities, buildings, and installations
erected after 31 August 1991 or weapons, vehicles, equipment,
and property brought into the territory after this date will be
exercised by the contracting party financing these operations.
In the event of shared financing, property rights will be
defined in separate agreements with consideration for
proportional contributions.
The contracting parties reaffirm the possibility of the use
of facilities and installations located within the territory of
one contracting party by the Armed Forces of the other. The list
of military facilities and installations and the procedures and
terms of their use will be established in separate agreements.
Proceeding from the need for improvement in joint defense
and
the consolidation of national security, each of the contracting
parties may turn the property of its own Armed Forces over to
the other party for possession and use on mutually beneficial
terms, including the terms of a lease, in accordance with its
own legislation.
One contracting party will not be obligated to compensate
the
other, unless other agreements stipulate otherwise, for
improvements made by the other party in military facilities or
on parcels of land located within the territory of the first
party and used for military purposes, or for buildings or
installations remaining on these grounds at the time this treaty
expires, or for the early surrender of facilities and parcels of
land.
Article 5
The status of facilities used jointly by the contracting
parties for defensive purposes will be defined in line with the
legal authority of the Republic of Kazakhstan and the Russian
Federation as states responsible for the management of these
facilities and their operation and material and technical
support, as well as the joint authority of the contracting
parties in the supervision of the activity and use of these
facilities for the enhancement of the defensive capabilities of
the parties.
During the performance of functions connected with the
management, operation, and material and technical support of the
SNF and of defense facilities leased from one another, the
contracting parties will be fully responsible for their safe
operation and the maintenance of the necessary levels of nuclear
safety and other types of security.
During these processes, each of the contracting parties
pledges to refrain from actions that might in any way prevent
the other party from fulfilling its obligations, including those
stemming from the START-I Treaty and Lisbon Protocol, and
prevent the functioning of its government agencies and/or damage
state and/or private property.
The Russian Federation will take measures agreed upon with
the Republic of Kazakhstan to eliminate the after-effects of the
operations of strategic nuclear forces located within the
territory of the Republic of Kazakhstan, as well as facilities
used for defensive purposes and turned over to the Republic of
Kazakhstan by the Russian Federation. In the event of
emergencies, the contracting parties will take immediate
measures to eliminate the causes and will notify one another of
this without delay.
Article 6
With a view to the importance of the strict observance of
the
provisions of the USSR-U.S. Treaty on the Limitation of
Anti-Ballistic Missile Defense of 26 May 1972, and with a view
to the mutual interests of the Republic of Kazakhstan and the
Russian Federation, the contracting parties will proceed from
the knowledge that the Sary-Shagan test site will be used for
the purpose of developing and improving ABM systems or
components deployed within the region as specified in Article
III of that treaty. The conditions of the use of the Sary-Shagan
test site by the contracting parties will be defined in a
separate agreement.
Article 7
The contracting parties will give one another mutual
assistance in the implementation of multilateral international
treaties and political commitments for the reduction and
limitation of strategic offensive and conventional arms.
Each of the contracting parties must consider the interests
of the other party during the conclusion of treaties and
agreements with third states on military cooperation and
deliveries of equipment and weapons.
Article 8
The defense ministries of the contracting parties will draft
and conclude separate agreements on matters pertaining to the
joint planning and use of troops in the interest of the mutual
security of the parties and will plan and conduct joint
operations in the preparation of command and control agencies
and the training of troops within the territory of either of the
parties by mutual agreement.
The contracting parties may form integrated military units
under a joint command.
Article 9
The management, personnel hiring, and material and technical
supply procedures for facilities used jointly by the contracting
parties for defensive purposes, and their integrated military
units and joint command, will be defined in separate agreements.
Article 10
The contracting parties will cooperate in the sphere of
military intelligence.
Each of the contracting parties pledges not to conduct
military intelligence activities directed against the other
party.
Article 11
The contracting parties will conclude an agreement on the
use
of the forces and resources of the Navy of the Republic of
Kazakhstan and the Navy of the Russian Federation in the Caspian
Sea basin for joint operations to safeguard the security of the
parties.
Article 12
Questions connected with the legal status of the servicemen
of the Armed Forces of one of the contracting parties serving
within the territory of the other party and of members of their
families, their pension security, and other matters pertaining
to the social and legal protection of these individuals, will be
addressed in a separate agreement.
The contracting parties will extend the guarantees of the
application and exercise of social and civil rights envisaged in
their legislation to their citizens in military service outside
the boundaries of their state.
The contracting parties will acknowledge the validity of
military titles, state honors, and educational and pension
documents of servicemen, the privileges granted to servicemen,
individuals with military discharges, and members of their
families, in accordance with the existing legislation of the
contracting parties, with a view to their term of service in the
Armed Forces of the former USSR and their subsequent service in
the armed forces of the contracting parties, including
contracted military service.
The contracting parties will guarantee civilian personnel
equal rights, irrespective of their citizenship, to employment
in military units and the enterprises and institutions of their
armed forces and will include this period of their employment in
their total term of service for pension eligibility.
When one of the contracting parties is inactivating its
military units, establishments, and institutions located within
the territory of the other party, the former party will
compensate civilian personnel in accordance with its own labor
legislation.
The contracting parties will consult one another on ways of
improving and coordinating their national legislation, including
laws on the financial and social security of the servicemen and
civilian personnel of the armed forces and on the privileges
granted to servicemen and individuals with military discharges
and the members of their families.
Article 13
Members of the staff of military units, establishments, and
institutions will not require visas to cross the state border of
the contracting parties or require travel passports or special
notations in passports if they carry identification (military
service cards or passports) and travel authorization papers from
their commanding officers (furlough passes or travel orders),
and their minor children will not have to meet these
requirements if their names are listed on the documents. When
they are sent to a new service location or their permanent place
of residence, they will transport their personal belongings
across the state border between the contracting parties without
the payment of duties, taxes, and other fees.
Subunits, units, and teams of more than 50 servicemen of the
armed forces of one of the contracting parties may cross the
state border of the other party after advance notification and
by agreement of the defense ministries of the parties.
Article 14
Material and technical supply operations for military
elements will be conducted by the defense ministries of the
contracting parties on mutually beneficial terms, guaranteeing
the maintenance of their armed forces and integrated military
units at a high level of combat readiness and combat
effectiveness, and will be regulated by separate agreements.
Article 15
The activities of the military elements of one of the
contracting parties located within the territory of the other
party will be financed by the party with jurisdiction over them.
Questions connected with the circulation of the national
currencies of the contracting parties for the daily needs of the
servicemen and military elements of the parties located within
their territory will be regulated in accordance with the
agreement between the National Bank of the Republic of
Kazakhstan and the Central Bank of the Russian Federation.
Article 16
Each of the contracting parties pledges not to violate the
state and public security of the other party and the personal
safety of its citizens during its activity in facilities and on
parcels of land belonging to the other party.
Article 17
The contracting parties will agree on policy in the sphere
of
the joint development, production, repair, and shipment of arms,
military vehicles, and material and technical resources in the
interest of the comprehensive support of the armed forces,
facilities used for defensive purposes, and integrated military
units, and will coordinate aspects of military-technical
cooperation, securing the preservation and development of
existing cooperative relationships between enterprises
developing and producing weapons and military hardware.
Deliveries and services will be performed on a duty-free basis
at prices set by each of the contracting parties for their own
needs. Prices and rates will be agreed upon by the parties and
will be defined in a separate agreement in each case. Questions
connected with the coordination of policy in the sphere of arms
and military hardware and reciprocal deliveries of goods (and
work or services) will be addressed in special agreements on the
basis of joint weapons programs.
The contracting parties will cooperate in the defense
industry and in scientific research and experimental design
products with the preservation and development of existing
patterns of specialization and cooperation.
The contracting parties will create an intergovernmental
commission on industry and scientific research and experimental
design projects for the pursuit of the policy agreed upon in the
military-technical sphere, with the preservation and development
of existing patterns of specialization and cooperation.
The contracting parties will create an intergovernmental
commission on military-technical cooperation by the Republic of
Kazakhstan and the Russian Federation for the pursuit of the
policy agreed upon in the military-technical sphere.
Article 18
The contracting parties will retain their existing
procedures
for the education and training of officers and junior military
specialists for the armed forces of the parties on the basis of
the corresponding agreements.
Article 19
The contracting parties will retain the existing network of
all types of communications, air defense, antiballistic missile
defense, and early warning systems and supply lines and will
agree on measures for their development.
The contracting parties will cooperate in the sphere of
military transport movements. The procedures of this cooperation
will be defined in a separate agreement.
The contracting parties will retain the common air space for
flights by military and civilian aircraft and the joint flight
control system on the basis of the corresponding agreements.
Article 20
For the purpose of reinforcing discipline and order in the
armed forces, in facilities used for defensive purposes by the
contracting parties either jointly or on the terms of a lease,
and in integrated military units, the contracting parties will
coordinate operations in the law enforcement sphere.
Article 21
The contracting parties will plan measures jointly and
render
mutual assistance in the resolution of ecological problems
connected with the after-effects of military operations.
Article 22
This treaty is not directed against any other states and
will
not affect the contracting parties' rights and obligations
stemming from other international treaties to which they are
party.
Article 23
The contracting parties will not allow the use of their
territory by a third state for activity directed against the
other contracting party.
Article 24
For the purpose of implementing the provisions of this
treaty, and in the interest of broader and more intensive
cooperation in the sphere of defense, the contracting parties
will form a joint committee, which will act in accordance with a
statute approved by the parties.
Article 25
This treaty may be amended and supplemented by mutual
agreement of the parties.
The treaty must be ratified and will go into force on the
date of the exchange of instruments of ratification.
The treaty will be concluded for a term of 10 years. It will
be renewed automatically for the next 10 years unless one of the
parties notifies the other, in writing and at least six months
before the expiration of this term, of its wish to withdraw from
the treaty.
This treaty will be in force as an interim agreement on the
date it is signed.
Done in Moscow on 28 March 1994 in two copies, one in
the Kazakh language and one in the Russian language, with each
version being equally authentic.
Republic of Kazakhstan
[Signed] [Signature illegible]
Russian Federation
[Signed] [Signature illegible]
RUSSIAN NUCLEAR DOCTRINE AND POLICY