RUSSIAN NUCLEAR DOCTRINE AND POLICY


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]