On approval of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on Cooperation in the Field of Government Communications

New Unofficial translation

Decree of the Government of the Republic of Kazakhstan No. 1700 dated December 30, 2011

      Unofficial translation

      The Government of the Republic of Kazakhstan HEREBY DECREES AS FOLLOWS:

      1. That the attached Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on Cooperation in the Field of Government Communications, signed in the city of Astana on May 24, 2011 shall be approved.

      2. This Decree shall come into effect from the date of signing.

      Prime Minister of the Republic of Kazakhstan K. Massimov 

  Approved by
Decree of the Government of the
Republic of Kazakhstan
No. 1700 dated December 30, 2011

Agreement
between the Government of the Republic of Kazakhstan
and the Government of the Republic of Belarus
on Cooperation in the Field of Government Communications

      The Government of the Republic of Kazakhstan and the Government of the Republic of Belarus, hereinafter referred to as the Parties,

      guided by the desire to further strengthen the friendly relations existing between the two states,

      considering the interest of the Parties in maintaining and developing interstate government communications,

      based on the principles of mutual benefit and mutual assistance,

      in order to further develop a single information space of the two states,

      have agreed as follows:

Article 1

      The terms used in this Agreement shall mean the following:

      “Information protection” - a set of measures aimed at preventing unwanted effects on information and its uncontrolled distribution;

      “Cryptographic information protection ” - a type of information protection that is implemented by converting information using special key data in order to conceal the content of information, confirming its truth, integrity, authorship;

      “Interstate government communications” - a government communications system designed to exchange information between government communications subscribers of the Republic of Kazakhstan and the Republic of Belarus;

      “Government communications” - encrypted telephone, documentary communications, secure video conferencing;

      "Means of cryptographic protection of information" - software, hardware-software, hardware or other means intended for cryptographic protection of information;

      "Means of technical protection of information" - software, and hardware-software and hardware designed for technical protection of information;

      “Technical information protection” - a type of information protection that is implemented by creating obstacles to unauthorized access to information by engineering and technical measures;

      "Cryptographic means" - cryptographic equipment (hardware, firmware, software encryption) and special protection devices, secret spare equipment and accessories, hand ciphers cipher documents (cipher keys) and equipment for their manufacture.

Article 2

      The competent authorities of the Parties for the purposes of this Agreement shall be:

      from the Republic of Kazakhstan - the National Security Committee of the Republic of Kazakhstan;

      from the Republic of Belarus - the State Security Committee of the Republic of Belarus.

      The competent authorities shall interact within the framework of the competence provided for by the national laws of the States of the Parties.

      The competent authorities shall build their relations in the field of information protection in the system of interstate governmental communication based on mutual respect, equality of the Parties, their interests and recognition of rights in the field of national security, protection of intellectual property in accordance with generally accepted norms and principles of international law.

Article 3

      Each of the Parties shall provide government communications on the territory of its state for officials of the state of the other Party in the manner prescribed by the national legislation of its state, unless otherwise stipulated by other international treaties to which the states of the Parties are parties.

Article 4

      The costs of organizing, commissioning, technical operation and further improvement of interstate government communications in the territory of their state shall be paid by each of the Parties independently.

      The competent authorities of the Parties, on a reciprocal basis and in the manner prescribed by the national laws of the states of the Parties, may transfer encryption equipment and other communication equipment for temporary use to each other free of charge.

      The transfer of cipher documents (cipher keys) necessary for the operation of the transferred encryption equipment shall be carried out by the competent authorities of the Parties in the manner prescribed by the national legislation of the state of the transmitting Party.

Article 5

      The competent authorities of the Parties shall:

      conduct research and development work in the field of development and production of new systems and tools for interstate government communications, as well as national ion government communications networks;

      interact in the field of production of government communications;

      interact in the field of information security in systems and means of government communications;

      carry out training, retraining and advanced training of personnel;

      hold consultations and exchange experience in improving the information security system in the interstate system of government communications, as well as organize scientific conferences, symposia, exhibitions on the analysis and exchange of information on the status, development trends and world achievements in the field of information protection;

      in the manner prescribed by the national laws of the states of the Parties in the field of protection of information constituting state secrets, exchange regulatory, technical, methodological and methodological information and documentation on the modernization, certification, standardization and metrology of systems and means of technical and cryptographic information protection;

      interact on the use of the frequency spectrum allocated to them on the territories of their states in order to ensure electromagnetic compatibility of radio-electronic means of government communications of the Republic of Kazakhstan and the Republic of Belarus.

Article 6

      The Parties shall ensure mutual deliveries in the agreed amounts of encryption means, communications equipment, components and spare parts necessary for the organization and operation of interstate government communications, as well as national government communications networks, in accordance with the national laws of the states of the Parties and international treaties to which their states are parties.

Article 7

      Mutual deliveries of cryptographic means, communications equipment and accessories, components and spare parts, as well as organization of repair of the specified equipment and provision of special services shall be carried out by the Parties in accordance with the agreements (contracts) concluded between their competent authorities.

Article 8

      The protection of state secrets of the Republic of Kazakhstan and (or) state secrets of the Republic of Belarus during the implementation of this Agreement shall be carried out in accordance with the Agreement between the Republic of Kazakhstan and the Republic of Belarus on the Mutual Protection of Classified Information, signed in the city of Minsk on September 30, 2008.

Article 9

      Disputes and disagreements related to the application and interpretation of this Agreement shall be resolved through consultations and negotiations of the Parties.

Article 10

      Russian Language shall be the working language when the Parties carry out activities to implement this Agreement.

Article 11

      This Agreement shall not affect the rights and obligations of the Parties arising from other international treaties to which their states are parties.

Article 12

      By mutual agreement of the Parties, this Agreement may be amended and supplemented by separate protocols constituting its integral parts.

Article 13

      This Agreement shall enter into force on the date of receipt via diplomatic channels of the last written notice on the completion by the Parties of the domestic procedures necessary for its entry into force. The effect of this Agreement shall be established for an indefinite period.

      This Agreement shall be temporarily applied by the Parties from the date of signing until its entry into force.

Article 14

      Each Party may declare its intention to terminate this Agreement by sending written notification through diplomatic channels about this to other Party. The Agreement shall be terminated upon expiry of six months from the date of receipt of such notification by the other Party.

      Signed in the city of Astana on May 24, 2011 in duplicate, each in Russian, both copies are equally authentic.

On behalf of the Government

On behalf of the Government

of the Republic of Kazakhstan

of the Republic of Belarus


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