On Approval of the Convention of the Commonwealth of Independent States on cooperation in the field of exploration and use of the outer space for peaceful purposes

New Unofficial translation

Decree of the President of the Republic of Kazakhstan dated August 27, 2019 No. 138

      Unofficial translation

  Subject to publication in the Collection
of Acts of the President and the Government
of the Republic of Kazakhstan

      In accordance with Paragraph 1), Article 15 of the Law of the Republic of Kazakhstan dated May 30, 2005 “On International Agreements of the Republic of Kazakhstan”, I HEREBY RESOLVE AS FOLLOWS:

      1.To approve the attached Convention of the Commonwealth of Independent States on cooperation in the field of exploration and use of the outer space for peaceful purposes, made in Dushanbe on September 28, 2018.

      2. This Decree shall enter into force upon it is signed.

      The President of the Republic of Kazakhstan K. Tokayev

  APPROVED BY
the Decree of the President of
the Republic of Kazakhstan
dated August 27, 2019
No. 138

CONVENTION
of the Commonwealth of Independent States in the field of exploration and use of the outer space in peaceful purposes

      Members states of the Commonwealth of Independent States, hereinafter referred to as the Parties,

      having regard to considerable importance of space science, systems and space technology for social and economic, and scientific and technical development of CIS member states,

      recognizing joint interest in further exploration and use of the outer space for peaceful purposes,

      in an effort to develop cooperation in the field of exploration and use of the outer space in peaceful purposes, and to apply space systems and technology and to the benefit of people of their states,

      recognizing practical importance and possible mutual benefits from purposeful international cooperation in space activities based on scientific-technical and industrial cooperation,

      recognizing significance of the provisions of the Agreement on operational principles of states on exploration and use of the outer space, including the Moon and other heavenly bodies dated January 27, 1967 and the Convention on international liability for damaged caused to space objects dated March 29 ,1972,

      have agreed as follows:

Article 1

      For the purposes of this Convention, the following terms are used:

      Earth Remote Sensing from the Space is a process to receive information on the Earth’s surface through observation and measuring from the space of own and reflected emission of elements of land, ocean and atmosphere in different bands of electromagnetic waves to determine location, to describe the nature and versatility of natural parameters and phenomena, natural resources, the environment, as well as anthropogenic factors and formations;

      Coordinate-Time and Navigation Support is operations performed for the purposes of user’s obtaining of all required data on space-time conditions and relations of objects and processes used or considered thereby when solving tasks and achieving goals defined in space and time;

      space activities are any activity immediately related to operations on exploration and use of the outer space, including the Moon and other heavenly bodies;

      space infrastructure is a complex of facilities designed to maintain space activities;

      space systems are a collection of facilities for preparation (launching sites, air parent vessels), launch and landing vehicles (rocket vehicles, upper stages, landing systems for components of launch vehicles and space vehicles) and space vehicle operation systems;

      space technology is a set of methods, processes and materials used to create space systems and to provide respective services;

      scientific and technological potential is a set of human and capacity-building, material and technical, financial and information resources designed to resolve scientific and technical development tasks faced by the society;

      applied space exploration is exploration aimed to obtain and apply new knowledge in the field of the space to achieve practical purposes and to resolve certain tasks;

      joint activity is activity of the Parties within this Convention related to exploration and use of the outer space, and the use of space systems and space technology for peaceful purposes;

      fundamental space exploration is experimental and theoretic activity aimed to obtain new knowledge on the outer space.

Article 2

      Cooperation of the Parties in the field of exploration and use of the outer space for peaceful purposes shall be performed within international, inter-government agreements and international agreements of inter-agency nature concluded in accordance with generally accepted principles and standards of the international law and in compliance with the laws of each Party.

      Procedures of cooperation within the Convention shall be governed by a separate inter-government agreement of the CIS member countries which shall consider, inter alia, the issues of protection of technology, intellectual property rights, information sharing, export control, customs regulations, liability of the Parties, and activities of International Space Council.

Article 3

      Objectives of cooperation in the field of exploration and use of the outer space for peaceful purposes are:

      promotion of social and economic development of the Parties through efficient use of space systems and space technology and outcomes of space activities;

      maintenance of economic benefit and quality advantages from pooling of financial, scientific and research, industrial and intellectual resources of the CIS member countries in implementation of joint projects in the field of space activity;

      development of scientific and technical potential and space infrastructure of the Parties;

      improvement and acquisition of knowledge on the Earth and the outer space.

Article 4

      Cooperation in the field of exploration and use of the outer space for peaceful purposes shall be based on the following basic principles:

      equality of the Parties and mutual benefit;

      exchange of scientific and technical information, experimental data, outcomes of research and development works and materials in different fields of science, engineering and space technology;

      joining forces, means and scientific and technical potential in the field of exploration and use of the outer space for peaceful purposes;

      development of different forms of partnership and joint activity at the international market of space technology and respective services.

Article 5

      The Parties shall promote development in following areas:

      fundamental and applied space researches including astrophysical researches, study of the planets планет and asteroid-comet hazard;

      Earth remote sensing from the space;

      coordinate-time and navigation support;

      resolution of a problem of recovery of space garbage;

      prevention of asteroid-comet hazard;

      maintenance of environmental safety and environment control in exercising space activity;

      research and development and other works related to space engineering and space infrastructure;

      manned space flights;

      provision and use of respective services;

      training and retraining of personnel for space industry;

      harmonization of national normative legal and technical documents of the Parties in the field of space activity.

      Other areas of cooperation may be agreed by the Parties additionally.

      The Parties shall support international efforts aimed to resolution of scientific-technical and international-legal issues of exploration and use of the outer space for peaceful purposes, and shall cooperate with each other in this field.

Article 6

      Joint activity on exploration and use of the outers space for peaceful purposes shall be performed by the Parties on the basis of international projects and programs.

Article 7

      Coordination of joint activity of the Parties shall be exercised by the International Space Council which is a body of industrial cooperation of CIS in the field of exploration and use of the outer space for peaceful purposes.

Article 8

      Transnational projects and programs shall be financed by interested Parties out of the funds provided for in national budgets and extra-budgetary sources.

Article 9

      Disputes between the Parties which may arise in interpreting or application of this Convention shall be resolved through consultations and negotiations.

Article 10

      Upon agreement between the Parties, introduction may be introduced to this Convention, which shall be its integral part and executed by respective protocol.

Article 11

      This Convention shall enter into force upon expiration of 30 days after receipt by the depository of the third notification on execution by signatory Parties of domestic procedures required for its enforcement.

      For parties executed domestic procedures later, this Convention shall enter into force upon expiration of 30 days after receipt by the depository of respective documents.

Article 12

      This Convention is open for joining of any CIS member state through delivery of documents on joining to the depository.

      For joining state, the Convention shall enter into force:

      а) upon expiration of 30 days after receipt by the depository of a document on joining provided that the Convention has entered into force as of the date of delivery of the document to the depository;

      б) on the date of enforcement of the Convention provided that the Convention has not entered into force as of the date of delivery of the document to the depository.

Article 13

      As between the Parties for which the Convention has entered into force as per Article 11 and 12 of this Convention, the following shall cease to be effective:

      Agreement on joint activities on exploration and use of the outer space dated December 30, 1991;

      Agreement on procedures for maintenance and use of facilities of the space infrastructure in the interests of implementation of space programs dated May 15, 1992.

Article 14

      This Convention shall last for an indefinite period.

      Each Party is entitled to withdraw from this Convention by sending to the depository a written notification of its intention no later than 12 months before withdrawal.

      Made in Dushanbe city on September 28, 2018 in one original counterpart in Russian. The original counterpart shall be kept by the Executive Committee of the Commonwealth of Independent States, which shall send to each state signed this Convention its certified copy.


On behalf of Azerbaijan Republic

On behalf of the Russian Federation

On behalf of the Republic of Armenia

On behalf of the Republic of Tajikistan

On behalf of the Republic of Belarus

On behalf of Turkmenistan

On behalf of the Republic of Kazakhstan

On behalf of the Republic of Uzbekistan

On behalf of Kyrgyz Republic

On behalf of Ukraine

On behalf of Republic of Moldova

 


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