Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
In view of Decree No. 95-220 of 23 September 1995 on the publication of the Treaty of Friendship, Understanding and Cooperation between the French Republic and the Republic of Kazakhstan (a protocol of economic cooperation), signed in Paris on 23 September 1992;
Vu le Decree No. 2000-269 of 17 March 2000 publishing the convention between the States parties to the North Atlantic Treaty and the other States participating in the peace partnership on the status of their forces (as a whole an additional protocol), made in Brussels on 19 June 1995;
Vu le Decree No. 2011-1143 of 20 September 2011 issuing the military cooperation agreement between the Government of the French Republic and the Government of the Republic of Kazakhstan, signed at Astana on 6 October 2009,
Decrete:
The agreement between the Government of the French Republic and the Government of the Republic of Kazakhstan on the transit of military equipment and personnel by the territory of the Republic of Kazakhstan in relation to the participation of the French armed forces in the efforts to stabilize and restore the Islamic Republic of Afghanistan, signed in Astana on 6 October 2009, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
RELATING TO THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND GOVERNMENT OF THE KAZAKHSTAN REPUBLIC ON THE TRANSIT OF MILITARY MATTERIALS AND PERSONNELS BY THE TERRITORY OF THE KAZAKHSTAN REPUBLIC IN REPORT WITH THE PARTICIPATION OF FORCES ARMED
The Government of the French Republic, referred to as the "French Party",
and
The Government of the Republic of Kazakhstan, hereinafter referred to as the "Kazakhstanese Party",
Jointly referred to as "Parties",
Considering the Agreement between the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace Programme, concerning the status of their forces, together a protocol signed on 19 June 1995 in Brussels (SoFA PPP Agreement);
Considering the Treaty of Friendship, Mutual Understanding and Cooperation between the French Republic and the Republic of Kazakhstan signed on 23 September 1992 in Paris;
Considering the provisions of United Nations Security Council resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005) and 1707 (2006) concerning Afghanistan;
Recognizing the need to contribute to international efforts to stabilize and restore the Islamic Republic of Afghanistan,
The following agreed:
Article 1
1. For the purposes of this Agreement:
(a) The term "military equipment" refers to all types of weapons, military equipment and other goods, taking into account the restrictions established by the Treaty of 19 November 1990 on conventional armed forces in Europe;
(b) The term "personal" means military and civilian personnel of the French Republic;
(c) The term "transit" means the non-stop railway or air passage by the territory of the Republic of Kazakhstan, following routes established in accordance with the law of the latter;
(d) The term "state aircraft" means any aircraft of the French Party, as defined in article 3, paragraph (b), of the Convention of 7 December 1944 relating to international civil aviation.
2. This Agreement sets out the modalities under which the French Republic transits military equipment and personnel from the territory of the Republic of Kazakhstan to support international efforts to stabilize and restore the Islamic Republic of Afghanistan.
Article 2
1. The transit of state aircraft through the Republic of Kazakhstan is carried out under a special authorization issued by the Ministry of Foreign Affairs of the Republic of Kazakhstan.
For the purposes referred to in Article 1, paragraph 2, of this Agreement, the Kazakhstan Party defines the single annual number of special authorization for renewable transit flights each year.
In order to obtain a special authorization, the French Party shall, in advance by diplomatic means, address to the Kazakhstan Party, within a period of at least one month, the appropriate request specifying the itinerary of flights in transit through the territory of the Republic of Kazakhstan.
2. The French Party transmits the notification on the use by its state aircraft of the Republic of Kazakhstan air space by the air navigation corridors granted by the Kazakhstan Party, within a period of not less than 12 hours before the scheduled flight, by addressing the flight plan at the main air traffic planning centre of the Republic of Kazakhstan (AFTN – UAAKZDZK, UAAAZDZW). The following flight information should be mentioned:
- the unique annual number of special authorization;
- the type, registration number and the aircraft code number;
- the departure and destination points of the aircraft;
― the overall information on transit (men, cargo) ;
― the date, complete itinerary and flight schedule that necessarily specify the air routes following the flight itinerary, the entry/output points in/from the Republic of Kazakhstan air space;
any other information required, in accordance with the law of the Republic of Kazakhstan.
3. Flights of state aircraft on the airways of the Republic of Kazakhstan are carried out in accordance with applicable international regulations.
4. The Kazakhstan Party shall provide air navigation services to State aircraft in accordance with the law of the Republic of Kazakhstan for collection of royalties.
5. State aircraft operating in the airspace of the Republic of Kazakhstan must be equipped with:
– radio transmission devices allowing radio connections with air navigation services;
a radar receptor (transponder) operating in an appropriate regime in accordance with the rules established by the International Civil Aviation Organization (ICAO).
6. Interchanges between aircraft crews and controllers are conducted in English exclusively by radio procedures.
7. State aircraft of the French Republic may not make technical stopovers on the territory of the Republic of Kazakhstan for the purpose of refuelling, crew rest or for other reasons, except in the event of an emergency landing.
Article 3
1. The transit of military equipment by rail shall be carried out exclusively for the purposes of this Agreement, in accordance with the laws of the Republic of Kazakhstan and pursuant to an authorization issued by the competent authority of the Republic of Kazakhstan.
2. In order to obtain an authorization for transit by rail, the French Party shall, by diplomatic means, issue the appropriate request to the Kazakhstan Party within a period of not less than 30 days before the entry or arrival of military equipment and personnel in the territory of the Republic of Kazakhstan in accordance with the laws of the Republic of Kazakhstan in the field of export control. This application is written in Russian and French.
3. The transit authorization shall be issued within 30 calendar days of receipt of the application by the Kazakhstan authority authorized to exercise export control. This application is in French and Russian.
Article 4
1. The Kazakhstan Party may refuse to issue a transit authorization or to cancel an authorization already issued if it is established that the transport of military and personnel equipment does not meet the purposes and conditions of this Agreement or constitutes a threat to the national security of the Republic of Kazakhstan.
2. The authorization shall be cancelled in the event of termination of this Agreement.
3. In the event of a cancellation of a transit authorization, the French Party shall, at its expense, provide the removal of military equipment and personnel from the Republic of Kazakhstan.
Article 5
1. The status of the staff of the French Party in the territory of the Kazakhstan Party under this Agreement is defined by the SOFA PPP Agreement.
2. Staff are required to comply with the laws of the Republic of Kazakhstan and not interfere in their internal affairs.
3. Transit personnel may not leave the railway convoy without the agreement of the competent authorities of the Republic of Kazakhstan, except in the event of a technical inspection of the convoy and military equipment and when their presence on the convoy endangers their life or health.
4. In the event of a landing on the territory of the Republic of Kazakhstan, the personnel present on board the aircraft cannot leave the landing site of the aircraft without the consent of the competent authorities of the Republic of Kazakhstan, except in the event of a danger of death or danger to health.
Article 6
1. In the event of transit under this Agreement, military equipment and personnel shall be subject to border and customs control and, as appropriate, to other types of control in accordance with the national legislation of the Republic of Kazakhstan.
2. The inspection of military equipment and the search of personnel in the context of border and customs control at the crossing point shall not be required or verified of additional documents and information required for border and customs control only if the border and customs authorities of the Republic of Kazakhstan have serious reasons to estimate that such equipment is not the one for which the transit authorization has been granted.
3. During transit through the Republic of Kazakhstan, military equipment and personnel are exempt from all customs duties and taxes.
In order to do so, the French Party must submit to the customs authorities of the Kazakhstan Party the customs documents that the Parties will be agreed to provide as well as an attestation prepared in accordance with the model approved by the Parties and signed by a person authorized to do so. The competent authorities of the Kazakhstan Party may request that the names of the persons authorized to sign customs forms, as well as specimens of their signature and stamps used, be forwarded to them.
Article 7
In the event of carriage by rail, the packaging of munitions that constitute dangerous goods must comply with the requirements of the Transportation of Dangerous Goods Rules of Annex 2 to the Agreement of 1 November 1951 concerning the International Carriage of Goods by Rail.
Article 8
The French Party shall bear the costs associated with the transit of military equipment and personnel of the French Republic by the territory of the Republic of Kazakhstan in accordance with its national legislation.
Article 9
1. The classified information necessary to implement this Agreement shall be exchanged in accordance with the provisions of the Agreement concerning the mutual protection of classified information between the Government of the French Republic and the Government of the Republic of Kazakhstan signed in Astana on 8 February 2008.
2. The information received by one of the Parties in relation to transit may not, under any circumstances, be communicated to a third party without the written consent of the Party that has communicated them.
Article 10
1. Pursuant to Article VIII of the Agreement between the States Parties to the North Atlantic Treaty on the Status of their Forces signed in London on 19 June 1951 ("NATO SOFA Agreement"), to which the SOFA PPP Agreement refers, each Party shall waive any claim for compensation against the other Party for damages caused to its personnel or property in the course of the activities carried out under this Agreement.
2. Damage caused to third parties by the French Party in the territory of the Kazakhstan Party shall be compensated in accordance with the provisions of Article VIII, paragraph 5, of the NATO SOFA Agreement.
Article 11
Disputes and discrepancies related to the application and interpretation of the provisions of this Agreement are resolved through diplomatic consultations and negotiations.
Article 12
1. This Agreement shall enter into force on the first day following the receipt by diplomatic means of the last of the written notifications of the performance by the Parties of the internal procedures required for its entry into force.
2. This Agreement shall be concluded for an indefinite period and shall cease to have effect on the expiry of a period of six months from the date of receipt by one of the Parties, through diplomatic channels, of the written notification by which the other Party shall notify it of its intention to terminate it.
3. The Parties may, at any time and in common agreement, provide this Agreement with any supplements and amendments that are an integral part of it, in the form of separate protocols that come into force in accordance with the terms set out in paragraph 1 of this Article.
4. The termination of effect of this Agreement shall not affect the financial and legal obligations arising out of its application.
Done in Astana on 6 October 2009 in double copy in French, Kazakh and Russian languages, all texts being equally authentic.
For the Government
of the French Republic:
Bernard Kouchner
Minister for Foreign Affairs
and European
For the Government
of the Republic of
of Kazakhstan:
Kamat Soudabayev
Secretary of State
Done on 24 October 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
