Фрагмент документа "К СОГЛАШЕНИЮ МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ РЕСПУБЛИКИ КОРЕЯ О МЕРАХ ПО ОХРАНЕ ТЕХНОЛОГИЙ В СВЯЗИ С СОТРУДНИЧЕСТВОМ В ОБЛАСТИ ИССЛЕДОВАНИЯ И ИСПОЛЬЗОВАНИЯ КОСМИЧЕСКОГО ПРОСТРАНСТВА В МИРНЫХ ЦЕЛЯХ ОТ 17 ОКТЯБРЯ 2006 ГОДА".
Article 8
Launch Safety, Delay or Cancellation
1. In the event of launch delay or its cancellation, access to
protected items shall be controlled in accordance with the principles
and norms in relation to access provided for in the Agreement and this
Protocol. The persons exercising such control shall have the right to
be present if protected items are exposed or are removed from the
launch vehicles. They shall also have the right to monitor the
protected items and escort them throughout their transport route from
the launch complex to other facilities, premises and other areas
within the cosmodrome, where, if need be, they shall be deintegrated,
repaired, await reintegration and/or await other types of work with
them. The Parties shall cooperate on a permanent basis through their
authorized bodies in ensuring launch safety.
2. Subject to the laws of the Republic of Korea, the Government
of the Republic of Korea shall appoint a launch safety officer for
every launch, and shall inform the Russian representatives of this
appointment at least seven days before the designated date of the
launch. The launch safety officer may request from the Russian
representatives technical data regarding the launch preparations and
launch readiness, as well as regarding the launch safety as it is
being updated and specified for the purposes of consideration,
generalization, analysis and decision-making.
3. The authorized Russian officials shall, at the request of the
Korean representatives, provide the launch safety officer with
information of the appropriate format and content, on the procedure
for launch cancellation and the procedure that should be followed in
this event.
4. The launch safety officer may cancel or delay the launch with
the understanding that this officer shall bear responsibility for any
decision taken in the course of implementing his/her duties.
5. The launch safety officer may examine facilities, premises and
transport vehicles or their separate zones used exclusively by the
Russian representatives for the purposes of carrying out activities
under the KSLS programme, and the protected items under the escort by
the authorized Russian officials, observing the Agreement and this
Protocol.
6. The Government of the Russian Federation shall commit its
authorized bodies to ensure that the authorized Russian officials
assist the launch safety officer in connection with the procedures
stipulated by this Article.
7. The Government of the Republic of Korea shall commit its
authorized body(ies) to ensure that the launch safety officer request
only information referred to in paragraph 2 of this Article, and
access to facilities, premises, transport vehicles or their separate
zones necessary to exercise duties associated with his/her position.
8. The Parties shall, through their authorized bodies and/or
state bodies authorized in accordance with the laws of the States of
the Parties, conduct incident and accident investigations jointly or
in parallel in a way that ensures the observance of workable
operational arrangements reached between the Russian representatives
and the Korean representatives with a view to:
a) establishing, updating and enforcing the procedures for
exercising access by such representatives to the components and debris
pertaining to protected items;
b) expediting Russian participation in such investigations by
placing components and debris under appropriate monitoring, processing
and return procedures consistent with the Agreement and this Protocol.
9. The Russian representatives shall determine, evaluate and
analyze potential risks to facilities, premises, transport vehicles or
their separate zones used exclusively by the Russian representatives.
The Russian representatives shall ensure observance of adequate
security rules at such facilities, in premises, on transport vehicles
or in their separate zones.
10. In the event that the Russian representatives have grounds to
believe that the security regime they ensure at facilities, in
premises, on transport vehicles or in their separate zones used
exclusively by the Russian representatives is being subjected to a
serious and imminent danger, the authorized Russian officials, for the
purpose of prevention, reduction and elimination of such danger, may
request the authorized Korean officials for relevant assistance
measures. The decision to request, accept, suspend and terminate, as
well as to determine the modalities of, such assistance shall be
within the competence of the authorized Russian officials.
11. The authorized Russian officials, on the one hand, and the
authorized Korean officials responsible for space activities`
licensing and safety, on the other hand, acting to exercise their
relevant powers to make a decision that an incident or an accident has
occurred, shall duly advise each other and, respectively, the Russian
representatives and the Korean representatives of any incidents or
accidents affecting the safety of activity under the KSLS programme.
12. For the purposes of this Article, the terms "incident" and
"accident" shall have the meaning provided for in the documents for
emergency plans for launch vehicles and the launch facilities, which
shall be agreed between authorized bodies of the Parties prior to any
licensed joint activities taking place at the cosmodrome, considering
the laws of the States of the Parties. Each Party may appoint an
incident investigator or an accident investigator to undertake
investigation of causes of the incident or accident in line with the
document indicated above.
13. The authorized Russian officials and the Korean incident
investigator or the Korean accident investigator appointed by the
Government of the Republic of Korea shall cooperate in the exchange of
information related to the incident or accident, derived at different
stages of investigation, subject to the Agreement and this Protocol.
Such cooperation may be enhanced by exchange of relevant accounts
(reports) and/or consultations with a view to fact-finding and the
provision of technical clarifications.
14. The Korean incident investigator or the Korean accident
investigator may examine facilities, premises, transport vehicles or
their separate zones, used exclusively by the Russian representatives
with a view to exercising joint activities, and the protected items,
including their components and/or debris, under the escort of the
authorized Russian officials, observing the Agreement and this
Protocol.
15. The Government of the Russian Federation and the Government
of the Republic of Korea shall commit their authorized bodies to
ensure that, respectively, the authorized Russian officials, on the
one hand, and the Korean incident investigator or the Korean accident
investigator, on the other hand, shall render mutual assistance in
connection with incident and accident investigations, in accordance
with the provisions of the Agreement and this Protocol.
16. In the event that the Korean incident investigator or the
Korean accident investigator presents a substantiated - considering
paragraphs 9, 10, 12 and 13 of this Article - request in written form
of the Government of the Republic of Korea for a more detailed
examination of the locale of incident or accident at facilities, in
premises, on transport vehicle or in their separate zones, used
exclusively by the Russian representatives, or of the protected items,
including their components and/or debris, in the event that the
incident or accident directly affects them, such examination may be
carried out under the escort of the authorized Russian officials,
subject to the following conditions:
a) the Korean incident investigator and the Korean accident
investigator shall not present requirements, the fulfillment of which
in practice would prejudice the safeguarding procedure for protected
items in accordance with the Agreement and this Protocol;
b) the Government of the Republic of Korea, the Korean incident
investigator and/or the Korean accident investigator shall not issue
directions concerning the incident or accident examination procedure,
which involve requests for any receipt, for keeping under custody or
for other purposes, of protected items or of any components and/or
debris thereof, including the originals or copies of documents, the
handling of which is subject to limitations under the Agreement and
this Protocol;
c) the examination of protected items may be carried out only at
places of their station at facilities, in premises, on transport
vehicles, or in their separate zones, used exclusively by the Russian
representatives, and if the incident or the accident took place beyond
their limits - at the place agreed by the authorized Russian officials
- under the escort of the authorized Russian officials who shall
decide the set of methods and procedures for the examination, the
level, nature and extent of access to protected items to be examined;
d) the authorized Russian officials shall consider in a timely
manner the comments and requests expressed by the Korean incident
investigator and the Korean accident investigator with regard to the
decision to conduct the examination in accordance with this paragraph,
before its commencement, with a view to taking them into
consideration, subject to the Agreement and this Protocol;
e) the Russian representatives shall not participate in their
personal capacity in investigation of causes of the incident or
accident beyond the framework of procedures agreed between the
authorized Russian officials, on the one hand, and the Korean incident
investigator and/or the Korean accident investigator, on the other
hand; the Russian representatives shall not be required to testify on
oath or otherwise, to the incident or accident circumstances in
violation of the Agreement and this Protocol.
17. The Government of the Republic of Korea shall ensure that the
Korean incident investigator and the Korean accident investigator
request only information and access to the facilities, premises,
transport vehicles, or to their separate zones, necessary to exercise
duties associated with their position.
18. The Korean incident investigator and the Korean accident
investigator shall coordinate with the authorized Russian officials
methods, types of activities, equipment and procedures, used by them
in implementation of the provisions of this Article.
19. The Parties shall, through their authorized bodies, provide
to each other a duly attested report on an incident or accident.
20. Neither Party shall release any part of the other Party`s
report without the permission in written form of the other Party.
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Фрагмент документа "К СОГЛАШЕНИЮ МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ РЕСПУБЛИКИ КОРЕЯ О МЕРАХ ПО ОХРАНЕ ТЕХНОЛОГИЙ В СВЯЗИ С СОТРУДНИЧЕСТВОМ В ОБЛАСТИ ИССЛЕДОВАНИЯ И ИСПОЛЬЗОВАНИЯ КОСМИЧЕСКОГО ПРОСТРАНСТВА В МИРНЫХ ЦЕЛЯХ ОТ 17 ОКТЯБРЯ 2006 ГОДА".