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импортирующей Стороны на законных основаниях, в государство
экспортирующей Стороны или в иное место, одобренное экспортирующей
Стороной, продолжают действовать в полном объеме и во всех отношениях
после прекращения действия настоящего Соглашения в течение периода
времени либо определенного в ходе передачи охраняемых изделий, либо в
ходе определения практических мер, предусмотренных пунктом 4 настоящей
статьи.
В удостоверение чего нижеподписавшиеся, должным образом на то
уполномоченные их соответствующими Правительствами, подписали
настоящее Соглашение.
Совершено в Сеуле 17 октября 2006 года в двух экземплярах, каждый
на русском, корейском и английском языках, причем все тексты имеют
одинаковую силу. В случае любых расхождений в толковании положений
настоящего Соглашения используется текст на английском языке.
(Подписи)
AGREEMENT
BETWEEN THE GOVERNMENT OF THE RUSSIAN
FEDERATION AND THE GOVERNMENT OF THE REPUBLIC OF KOREA
ON TECHNOLOGY SAFEGUARDS ASSOCIATED WITH COOPERATION
IN THE FIELD OF THE EXPLORATION AND USE OF OUTER
SPACE FOR PEACEFUL PURPOSES
(Seoul, 17.X.2006)
The Government of the Russian Federation and the Government of
the Republic of Korea (hereinafter referred to as "the Parties"),
Reaffirming their commitment to the Agreement between the
Government of the Russian Federation and the Government of the
Republic of Korea on Cooperation in the Field of the Exploration and
Use of Outer Space for Peaceful Purposes of 21 September 2004
(hereinafter referred to as "the Agreement on Cooperation of 21
September 2004"),
Expressing their common desire to ensure conditions for the
conduct of such cooperation between the organizations of the Russian
Federation and the Republic of Korea, including through joint ventures
and other types of partnerships, and for the implementation of
initiatives which, on the basis of mutual benefit, will enable them to
utilise to the full extent the mutually complementary character of
different types of space activities carried out in their States,
Considering that the export of goods and services in connection
with the development of such cooperation necessitates in practical
terms its legal regulation in the spirit of mutual responsibility and
on the basis of mutual assistance,
Being guided by the necessity to provide for the establishment
and application, on the basis of mutual understanding and with due
regard to the interests of the States of the Parties, of relevant
general principles and norms of ensuring the safeguarding of protected
items in the context of joint activities in the exploration and use of
outer space and the application of space technologies,
Acknowledging the security and non-proliferation requirements
with regard to projects of cooperation with the use of advanced
technologies,
Taking into account the requirements of the Missile Technology
Control Regime and the Wassenaar Arrangement on Export Control for
Conventional Arms and Dual-Use Goods and Technologies,
Being guided by the laws of the Russian Federation and the
Republic of Korea in the field of export control,
Considering the development of the friendly relations between the
Russian Federation and the Republic of Korea on the basis of trust and
cooperation,
Have agreed as follows:
Article 1
Definitions
1. For the purposes of this Agreement the following definitions
shall apply:
a) "protected items" shall mean any goods representing objects,
materials, supplied or manufactured products, including equipment for
various purposes, any technologies, representing, in particular,
inventions, utility models, know-how, industrial designs and computer
software, inter alia, in the form of technical data or technical
assistance and/or containing information (other than publicly
available information) in any form, including written information,
oral information, blueprints, drawings, photographs, video materials,
plans, instructions and documentation needed for the technical design,
engineering, development, production, processing, manufacture, use,
operation, overhaul, repair, maintenance, modification, enhancement or
modernization of protected items, with respect to which the state
bodies authorized in accordance with the laws of the State of either
of the Parties issue export licenses and/or with respect to which
either of the Parties issues other permits for export to the territory
of the State of the other Party and the exporting Party through its
authorized bodies exercises control in accordance with the laws of its
State and on the basis of this Agreement;
b) "control" shall mean any requirement or condition with regard
to the export or re-export of protected items, including licenses,
other permits, record keeping and reporting requirements, with the aim
of ensuring the effective implementation of export control;
c) "joint activities" shall mean all actions pertaining to the
treatment of protected items in connection with their technical
design, engineering, development, production, processing, manufacture,
use, operation, overhaul, repair, maintenance, modification,
enhancement, modernization, transportation or storage, including
provision of technical guidance and operation and marketing services;
d) "consignees" shall mean any natural and/or legal persons
issued licenses to import and/or export protected items and/or other
permits to import and/or export protected items in accordance with the
laws of the States of the Parties;
e) "Russian representatives" shall mean natural persons, that are
employed in the service of the State in the Russian Federation, and/or
natural and/or legal persons that are authorized by the Government of
the Russian Federation to carry out joint activities and measures in
the implementation of this Agreement, including any duly authorized
representatives of the Government of the Russian Federation, Russian
consignees, their employees, representatives, contractors or
subcontractors who, in connection with the issuing by the state bodies
authorized in accordance with the laws of the Russian Federation, of
export/import licenses and/or in connection with the issuing by the
Government of the Russian Federation of other permits, participate in
joint activities and/or have or may have access to protected items and
are under the jurisdiction and/or control of the Russian Federation;
f) "Korean representatives" shall mean natural persons, that are
employed in the service of the State in the Republic of Korea, and/or
natural and/or legal persons that are authorized by the Government of
the Republic of Korea to carry out joint activities and measures in
the implementation of this Agreement, including any duly authorized
representatives of the Government of the Republic of Korea, Korean
consignees, their employees, representatives, contractors or
subcontractors who, in connection with the issuing by the state bodies
authorized in accordance with the laws of the Republic of Korea, of
export/import licenses and/or in connection with the issuing by the
Government of the Republic of Korea of other permits, participate in
joint activities and/or have or may have access to protected items and
are under the jurisdiction and/or control of the Republic of Korea;
g) "representatives of the exporting Party/importing Party" shall
mean the Russian representatives or the Korean representatives;
h) "participants (in joint activities)" shall mean consignees,
and any other natural and/or legal persons that, in accordance with
the laws of the States of the Parties, are issued licenses for the
import and/or export of protected items and are authorized by the
Parties to carry out joint activities and are named in the relevant
licenses and/or other permits issued in the States of the Parties;
i) "authorized officials of the exporting Party/importing Party"
shall mean representatives of the exporting Party/importing Party
and/or other officials that obtained special permissions from the
Parties and/or their authorized bodies to perform specific functions
in implementation of this Agreement;
j) "prescribed officials" shall mean officials of the internal
affairs bodies, customs services and quarantine services, as well as
judicial officers, emergency personnel and other relevant Russian and
Korean officials, who are issued with special permissions from the
Government of the Russian Federation and from the Government of the
Republic of Korea through their authorized bodies, respectively,
indicating that such officials are authorized to perform specific
functions in the territory and in accordance with the laws of their
States, which may relate to joint activities;
k) "technology security plans" shall mean plans containing, in
the form of written instructions or other mandatory provisions, a
detailed account of specific measures to observe the requirements for
safeguarding protected items on a permanent basis, including special
conditions and limitations designed for emergencies, the description
of operations for all facilities, premises, transportation vehicles or
their separate zones where protected items are located with the
indication of the procedures for security and access to such places,
the procedure for operations with respect to their loading/unloading,
requirements for the access of personnel to operation areas, methods
and systems of technical control and registration, and the time, place
and procedure for transferring the responsibility during
transportation, procedures for the protection and use of rights to
intellectual property and the results of intellectual activity
associated with protected items, as well as for the development and
implementation of plans for the assessment and use of technologies
associated with protected items.
2. For the purposes of this Agreement and Protocols provided for
in paragraph 3 of Article 19 of this Agreement the terms "intellectual
property" and "confidential information" shall have the meaning
provided for in the Agreement on Cooperation of 21 September 2004.
Article 2
Implementation Authority and Functions
1. For the purposes of implementing this Agreement the authorized
bodies of the Parties shall be: for the Russian Party - the Federal
Space Agency, the Ministry of Defense of the Russian Federation and
the Federal Service for Technical and Export Control; for the Korean
Party - the Ministry of Science and Technology.
2. The Parties may replace their authorized bodies or designate
in addition other authorized bodies and shall inform each other of
such decision through diplomatic channels.
3. The Parties shall, upon concerted recommendation of their
authorized bodies, duly notify each other of the authorized bodies,
identified in paragraphs 1 and 2 of this Article, which they designate
for the purposes of maintaining a permanent liaison.
4. The authorized bodies may involve other interested agencies
and organizations of the States of the Parties in the implementation
of activities under this Agreement.
5. Unless the Parties, acting in accordance with the laws of
their respective States and under the procedure provided for in
paragraph 3 of Article 19 of this Agreement, determine the lists
(inventories) of protected items, such lists (inventories) shall be
determined by their authorized bodies.
6. The Parties, through their authorized bodies, shall adopt
relevant measures within the framework of the laws of their States for
the purpose of establishing and ensuring appropriate mechanisms for
interaction on the basis of this Agreement and shall develop and put
into effect all necessary operational executive and administrative
procedures.
7. The Parties, acting through their authorized bodies, may, if
necessary, establish joint consultative groups. The sphere of
competence of such subsidiary working bodies may include drafting of
reviews on how the principles, norms and procedures stipulated by this
Agreement are implemented in practice, the consideration of proposals
aimed at the development of additional procedures and mechanisms for
interaction within the framework of this Agreement, including:
a) preparation of advisory opinions concerning recommended
practice;
b) preparation of agreed statements in the form of documents
adopted by mutual agreement of the Parties or their authorized bodies,
which shall contain a plan of action or guidelines.
The Parties, acting through their authorized bodies, shall, if
necessary, adopt relevant norms-setting documents regulating the
activities of the joint consultative groups.
Article 3
Purposes and Principles
1. This Agreement is concluded for the purposes of establishing
cooperative relations with regard to technology safeguards in
connection with the implementation of joint programmes and projects in
the field of the exploration and use of outer space for peaceful
purposes. The Parties shall take measures so that any such activity is
in line with the purposes of ensuring the safety and security of
protected items declared and marked as such. To this end the Parties
shall make use of all means at their disposal in order to create, in
accordance with the applicable norms and rules, legal and
organizational conditions for:
a) the prevention of any unauthorized access to protected items
and/or any unauthorized transfer thereof, as well as the risk of
export of protected items not for the intended use or their improper
use by the exporter or the importer (end-user);
b) the implementation by the Russian representatives and the
Korean representatives of appropriate functions to safeguard protected
items, in order to provide a regime for the effective control and
monitoring, inspection and regulation of the handling of protected
items, and to take specific measures regarding all issues within their
competence under this Agreement.
2. The Parties, through their authorized bodies, shall on a
systematic basis, review how the principles and norms envisaged by
this Agreement are implemented in practice, and in this connection
shall:
a) ensure, considering agreed methods and criteria, monitoring
for the purpose of the identification, evaluation and analysis on a
regular basis of potential risks of violation of the procedure for
handling protected items and ensure the appropriate nature of
preventive measures and their implementation;
b) hold working consultations on an as-planned basis, as well as
at the request of either Party in case of circumstances causing its
concern;
c) draft and provide on a mutual basis advisory opinions
regarding recommended practice for the effective implementation of
specific principles and norms of, as well as procedures for
safeguarding protected items;
d) on requests of each other, promptly provide explanations and
relevant information on technical, organizational, policy-related and
legal issues to clarify and eliminate concerns set out in the
requests.
Article 4
Relation to Other Agreements
1. Cooperation within the framework of this Agreement shall be
without prejudice to the fulfillment by the Parties of obligations
under other international agreements in which the Russian Federation
and the Republic of Korea participate.
2. The Parties shall, through their authorized bodies, cooperate
in creating favourable conditions for the conclusion of agreements and
reaching arrangements between the participants in joint activities,
for the purposes of implementing this Agreement.
3. The Parties, acting through their authorized bodies, shall
ensure that all contracts regarding joint activities, entered into by
natural and legal persons under the jurisdiction and/or control of
their States, are consistent with the provisions of this Agreement.
Article 5
Technology Security Plans
1. Technology security plans shall be elaborated by the
participants in joint activities from both Parties in full conformity
with this Agreement and shall be subject to approval by the authorized
bodies of the Parties well in advance of the commencement of export of
protected items.
2. The Government of the Russian Federation and the Government of
the Republic of Korea shall, through their authorized bodies, ensure
that the Russian representatives and the Korean representatives,
respectively, fulfill the obligations set forth in technology security
plans and consider such plans as an integral part of the regulatory
system for taking into account security and technology protection
considerations.
3. The Parties shall, through their authorized bodies, ensure the
exercise of monitoring and verification of the implementation of
technology security plans.
Article 6
Validity of Licenses
1. The exporting Party shall ensure the observance of security
and non-proliferation requirements by means of granting, in accordance
with the laws of its State, export licenses and other permits with
regard to protected items, as well as by means of appropriate measures
and procedures provided for in this Agreement, and shall inform,
through its authorized body(ies), the other Party of the provisions of
such export licenses and other permits. The importing Party shall
ensure the observance of security and non-proliferation requirements
by means of import licenses, end-user certificates and other permits
which it shall issue with regard to protected items, as well as by
means of appropriate measures and procedures provided for in this
Agreement, and shall inform, through its authorized body(ies), the
other Party of the provisions of such import licenses, end-user
certificates and other permits.
2. The Parties shall make their best efforts to ensure the
continuity of the licenses issued in their respective States and/or
other permits issued by them for the implementation of joint
activities.
3. Nothing in this Agreement shall restrict the authority of the
Parties to take any actions and/or adopt any decisions with regard to
licensing and/or authorization of joint activities, respectively, in
accordance with the laws and policies of their States.
4. If the exporting Party establishes that any provisions of this
Agreement, including those associated with technology security plans,
have been definitely violated or may have been violated, it may
suspend or revoke any export license and impose appropriate
restrictions on the export of protected items. In the event that any
such license is suspended or revoked, the exporting Party shall
promptly notify the importing Party and explain the reasons for its
decision. The Parties shall without delay hold consultations regarding
further policy and adoption of legal measures commensurate with such a
situation, including the introduction of a moratorium on or
prohibition against all joint activities or their particular types.
5. The practice of issuing, suspending or revoking by the Parties
of licenses and/or any other permits for the implementation of joint
activities must in all respects correspond to the purposes and
requirements of ensuring effective implementation of this Agreement in
full measure. Each Party, acting through its authorized body(ies),
shall take all necessary measures to protect the rights and interests
of the other Party, and of the natural and legal persons of the State
of the other Party, as regards the implementation of this Agreement in
the event of the dissolution (closure) or reorganization
(re-registration) of the participants in joint activities.
6. In the event that either Party suspends or revokes licenses
issued in its State and/or other permits issued by it for the
implementation of joint activities or upon the completion of such
activities, the importing Party shall not interfere with and, if
necessary, shall facilitate the expeditious return of protected items
to the territory of the State of the exporting Party or to another
location approved by the exporting Party, in accordance with the terms
and conditions of licenses and/or other permits for the implementation
of joint activities, issued by the exporting Party.
Article 7
End-Use Certification
1. The Parties, in implementing this Agreement, shall ensure that
the end-use of exported protected items within the framework of joint
activities correspond to applications presented to the Parties by the
participants as end-users.
2. The Parties shall require that participants, as end-users,
draw up and present to the exporting Party, subject to the laws of
their States, end-user certificates signed by authorized officials of
the importing Party and officially authenticated, which contain the
obligation of the participants:
a) to use the protected items exported to the territory of the
State of the importing Party only for the specified purposes of joint
activities;
b) not to carry out or permit the modification, copying,
reproduction, reverse engineering, modernization (both with the use of
items made in the State of the exporting Party and with the use of any
other items, assemblies and components) or re-export of protected
items or their derivatives, including exportation from the territory
of their State to the address of any controlled companies,
subsidiaries, representative offices, associates or partners, or any
other subsequent transfer of such protected items to third states or
natural and/or legal persons, without the prior agreement in written
form of the exporting Party and the issuance of an appropriate license
by it.
3. The text of the international import certificate shall be
formulated in such a manner so as to correspond to the requirements of
the exporting Party as regards guarantees by the importing Party that
protected items shall be used only for the declared purposes and shall
not be re-exported without the permission in written form of the
exporting Party.
4. The importing Party shall inform the exporting Party without
delay of information received from a participant on any alteration of
facts or intentions set out in the international import certificate,
including alterations regarding the end-use, copying or modification
of protected items, with the understanding that such procedure shall
be carried out through the authorized bodies of the Parties, and not
to view such alterations of facts or intentions as lawful in the
absence of confirmation in written form in this regard from the
exporting Party.
5. After the approval of the international import certificate by
the competent body of the State of the importing Party, it shall be
sent to the participant in its capacity of importer for presentation
to the exporting Party.
Article 8
Functions of Control and Escort
1. To ensure the permanent observance of the terms of export
licenses issued by them, the Parties shall provide on a reciprocal
basis subject to the observation of confidentiality in case of a
relevant request the opportunity to conduct inspections, the
guidelines and detailed procedures for the efficient conduct of which
shall be agreed upon through the authorized bodies together with the
consignees.
2. The Russian representatives and the Korean representatives
shall be entitled to an unarmed escort on a permanent basis of Russian
protected items and Korean protected items, respectively, during their
stay in the territory of the State of the importing Party and shall
exercise their authority and perform functions of control and
monitoring, inspection and regulation of the handling of such
protected items in accordance with this Agreement.
3. Subject to the provisions of Article 13 of the Agreement on
Cooperation of 21 September 2004 the importing Party shall facilitate
the entry into and stay in the territory of its State of
representatives of the exporting Party for the purposes of joint
activities and the appropriate exercise by them of their rights and
functions under this Agreement.
4. The importing Party shall render appropriate assistance to the
representatives of the exporting Party in their activities carried out
in exercising their rights and fulfilling their duties under this
Agreement, and shall take measures to prevent access to protected
items, including access through the use of any technical means, that
has not been authorized by the representatives of the exporting Party.
5. The importing Party shall ensure that appropriate assistance
is provided to the representatives of the exporting Party when
requested by them through the authorized bodies of the Parties, in the
event they or protected items entrusted to them are subjected to
unlawful acts, or when their legitimate requests made pursuant to this
Agreement concerning such protected items are not met.
Article 9
Access Guidelines
1. The representatives of the exporting Party shall exercise
access control to protected items and shall, on a permanent and
effective basis, manage access to protected facilities, premises,
transportation vehicles or separate zones that are specially set aside
for works exclusively with protected items, including their
transportation and storage. The importing Party shall ensure that the
representatives of the importing Party do not enter or stay in such
facilities, premises, transportation vehicles or separate zones unless
they are escorted and monitored by representatives of the exporting
Party.
2. The Parties, acting through their authorized bodies, shall
assign the participants in joint activities a mission to elaborate,
apply and maintain the procedures and system of providing managed
access to facilities, premises, transportation vehicles or separate
zones that are specially set aside for works exclusively with
protected items, with such managed access being provided upon request
by representatives of the importing Party and with the permission and
in the presence of representatives of the exporting Party.
3. The representatives of the exporting Party and the
representatives of the importing Party shall have joint access and
joint management of access rights to facilities, premises,
transportation vehicles or separate zones, which are used for joint
works involving protected items and are controlled separately by the
representatives of the exporting Party and the representatives of the
importing Party.
4. The Parties shall proceed from the understanding that the
following set of measures reflects the basic requirements for the
organization of access to facilities, premises and transportation
vehicles or their separate zones referred to in paragraph 3 of this
Article:
a) identification of all entering/exiting individuals; such
individuals must have with them duly registered passes or
identification badges;
b) monitoring of the enforcement of rules regarding access and
stay with the purpose of ensuring confidence in the absence of
technical function flaws and outside interference regarding protected
items;
c) evaluation on a regular basis or as needed of the functioning
of the whole system of protection, procedures and timeliness of the
adoption of necessary preventive or remedial measures.
5. The exporting Party shall ensure, including through its
authorized body(ies), that its representatives abide by export
licenses and other permits when performing joint activities. The
importing Party shall ensure, including through its authorized bodies,
that its representatives abide by end-user certificates and import
licenses when performing joint activities.
6. The Parties through their authorized bodies shall give timely
notice to each other of any operations that may render exercising the
right of the exporting Party to control access to and escort protected
items impossible, so that suitable arrangements can be reached to
safeguard protected items.
Article 10
Preventive Marking of Protected Items
1. The Parties shall require that all protected items be marked
and accompanied by notifications or be identified in another special
manner. Such markings or notifications shall indicate the specific
conditions for the use of such protected items within the framework of
joint activities and shall contain a warning about the prohibition,
consistent with this Agreement, of any unauthorized actions with
respect to them.
2. The Parties shall require that natural and/or legal persons
that transfer technical data which are protected items shall mark,
while accompanying with notifications, the carriers of such technical
data for the purposes of ensuring proprietary rights.
3. The Parties shall take all necessary measures, including
through their authorized bodies, to ensure that all natural and legal
persons under the jurisdiction and/or control of their States, that
participate in joint activities or have or may have any other access
to such activities, handle protected items in accordance with the
provisions and conditions of notifications or identifications. In the
same manner, the Parties shall take all necessary measures to ensure
that natural and/or legal persons that have access to such protected
items on legal grounds shall make use of all reasonably necessary
means, including by stipulating appropriate conditions in contracts
and subcontracts, in order to prevent their unauthorized use,
disclosure of technical data, and unauthorized subsequent transfer of
protected items, including technical data, or unauthorized access to
them, and shall ensure a level of protection corresponding to the
level that was established for them by the transferring Party and/or
transferring natural or legal persons.
Article 11
Export and Transportation
1. The representatives of the exporting Party shall, through its
authorized body(ies), inform the exporting Party in a timely manner of
the status of applications filed and registered by the representatives
of the importing Party to obtain all necessary permits for the import
of protected items to the territory of its State and/or their
transportation therein. The exporting Party shall make the export of
protected items conditional on the prior procurement of the above
indicated permits and the enforcement of relevant technology security
plans.
2. For any transportation of protected items from the territory
of the State of the exporting Party to the territory of the State of
the importing Party and from the territory of the State of the
importing Party to the territory of the State of the exporting Party
or to another location approved by the exporting Party, permission
should be obtained in advance from the authorized bodies of the
Parties.
3. The exporting Party shall, through its authorized body(ies)
and in accordance with agreed procedures, inform the importing Party
well in advance about the shipments of protected items, as well as of
the place and time of their arrival at their destination or a transit
destination in the territory of the State of the importing Party. The
importing Party shall, including through its authorized body(ies),
ensure the implementation of appropriate procedures for safeguarding
such cargo in accordance with this Agreement.
4. International transportation of protected items shall be
carried out by specially chartered, with the permission of the
authorized body(ies) of the exporting Party, vessels and/or aircraft,
which are under the jurisdiction of its State and are owned by the
State or operated by it, and shall be coordinated in advance with the
authorized body(ies) of the importing Party.
The Parties shall, as necessary, cooperate, including through
their authorized bodies, for the purposes of ensuring successful and
safe international transportation of protected items.
5. The representatives of the exporting Party performing escort
functions on the vessels and aircraft referred to in paragraph 4 of
this Article may be supplied with appropriate means to counteract
unlawful actions with regard to protected items during their
transportation, subject to notification by the authorized body(ies) of
the State of the exporting Party to the authorized body(ies) of the
State of the importing Party and the consent of appropriate state
bodies having relevant competence in accordance with the laws of the
State of the importing Party, respectively, sent and acquired in
advance.
6. Aside from the destination seaport and airport in the
territory of the State of the importing Party agreed to by the
Parties, including through their authorized bodies, the vessels and/or
aircraft for international transportation of protected items, referred
to in paragraph 4 of this Article, shall, as necessary and upon mutual
agreement, have access to other seaports and airports of the State of
the importing Party.
7. International transportation and any transportation of
protected items within the territory of the State of the importing
Party shall be carried out in compliance with measures for
safeguarding technology stipulated in relevant technology security
plans, in which, in particular, the time, place and procedures for the
transfer of the responsibility during transportation shall be
determined. Consent by the Parties to transportation operations within
the territories of their States, received through their authorized
bodies, shall include all necessary special limitations and conditions
related to specific circumstances, as well as plans of action
developed for emergency situations compatible with the purposes and
objectives of this Agreement. The representatives of the exporting
Party shall escort protected items at all stages, for all kinds of
transportation and all transportation means, subject to the provisions
of paragraph 2 of Article 8 of this Agreement.
8. The importing Party shall guarantee the implementation of
appropriate procedures to ensure the security of the transportation
means, referred to in paragraph 4 of this Article, while they are
within the limits of the jurisdiction of its State.
Article 12
Identification of Protected Items for Customs Purposes
1. Customs control and customs processing of protected items
shall be carried out in accordance with the laws of the States of the
Parties and this Agreement. Consignees of the exporting Party shall
provide the customs authorities of the State of the importing Party
with inventories of goods delivered and cargo manifests, as well as
statements in written form by the relevant authorized body of the
exporting Party that the sealed containers and other packages do not
contain any cargo not related to joint activities and not declared as
such.
2. The importing Party shall have the right to carry out customs
inspection of protected items subject to the provisions of this
Agreement. The Parties agree that under usual (normal) circumstances,
such inspection should be refrained from, conditional on the
availability of appropriate request from the authorized body(ies) of
the importing Party. In case there is sufficient evidence indicating a
possible infringement of customs rules in connection with the
import/export of protected items, the importing Party shall implement
customs inspection, with the understanding that all cases and terms of
the use of inspection procedures shall be subject to urgent
consultations and practical arrangements between the authorized bodies
of the Parties, which shall be, respectively, carried out and reached
prior to the commencement of the inspection.
3. Customs inspection of protected items shall be carried out
with the consideration for a comprehensive risk assessment aimed, on
the one hand, at employing the least intrusive means and preventing
physical intrusion by prescribed officials of the importing Party in
the treatment of protected items, and, on the other hand, at ensuring
that the participants in joint activities, while importing to and
exporting from the territory of the State of the importing Party,
observe the laws of the State of the importing Party and act in
accordance with the purposes of this Agreement.
4. Should there be an intention to perform a customs inspection
of protected items, the reason for the inspection shall be
communicated to the authorized officials of the exporting Party, who
accompany protected items, through the representatives of the
importing Party promptly in written form prior to the commencement of
the inspection.
5. Customs inspection of protected items shall be performed:
a) in the presence of authorized officials of the exporting
Party;
b) in specially equipped premises, which shall adequately ensure
the security of protected items and which the representatives of the
exporting Party shall have the right to examine prior to and during
the inspection;
c) by means of visual examination employing methods causing no
damage to the protected items;
d) having regard to the need to preserve the integrity of the
technological packaging and the physical condition of protected items,
and without opening any of their technological modules and capacities
specified in the technical documentation;
e) without photographing or videotaping protected items and
without using other means which could be used to disclose technical
and technological characteristics of protected items;
f) in such a way so as to exclude the disruption of the
hermeticity of the technological packaging of protected items during
the opening of transport containers performed by the representatives
of the exporting Party;
g) as a matter of priority and within the shortest time possible.
6. The Parties acknowledge that, in case any damage is caused to
protected items by the importing Party as a result of the customs
inspection made in violation of paragraph 5 of this Article due to
willful misconduct or gross negligence, the importing Party shall take
measures to speedily remedy the situation that has occurred and shall
compensate the production, transportation and insurance costs
resulting from such damage, unless otherwise provided for by
participants in joint activities in contractual documents, with the
understanding that the corresponding payment procedure shall be
determined in accordance with the laws of the State of the importing
Party.
7. When crossing the customs border of the State of the importing
Party, technical data required for the performance of joint activities
that falls under the definition of protected items and is intended for
use by the representatives of the exporting Party, including data
carried in hand luggage and accompanied baggage, shall not be subject
to disclosure and copying during customs inspection.
Article 13
Legal and Physical Protection of Property
1. Specific agreements, arrangements and contracts between the
participants in joint activities should provide for the adequate
protection of property used in joint activities without prejudice to
proprietary rights with regard to such property.
2. The importing Party shall, in accordance with the laws of its
State, ensure and, as necessary, assist in ensuring, the adequate
protection of all property belonging to the other Party or
participants from that Party and used in joint activities when such
property is in the territory of the State of the importing Party or at
facilities under the jurisdiction and/or control of this State.
3. Protected items, including when they are used by a participant
from the importing Party and are under its management, shall be
regarded by the Parties as an agreed category of items which, in the
territory of the State of the importing Party and at the facilities
under the jurisdiction and/or control of this State, are immune from
any seizures or executive action, as well as any other compulsory
measures prior to the decision of a court, such as the levying of
execution or arrest, except for cases when and to the extent that the
exporting Party, by way of applying the provisions of this Article,
waives such immunity in a particular case. The indicated category of
items shall not be used as mortgage or other security during the
examination and investigation of an activity by a participant from
either Party in connection with any established or presumed
infringements during the implementation of such activity. No
compulsory measures, such as the levying of execution, arrest,
requisition or confiscation, may thus be taken in relation to the
protected items by virtue of a decision by the executive and/or
legislative bodies of the State of the importing Party or in
connection with proceedings in a court of this State.
4. The importing Party shall take all necessary legal measures
within the licensing procedures in force in its State, so that the
protected items used and managed by its participants with the
permission of the exporting Party and on the basis of agreements with
consignees of the exporting Party be guaranteed against selling,
leasing or subleasing, mortgaging, alienating or transferring for
fiduciary management to other natural or legal persons in violation of
conditions under which they have been exported. In case of disputes
regarding contractual obligations between participants from both
Parties, protected items may not serve as security for any obligations
or be otherwise encumbered.
5. Should a legal event and/or fact occur that served or could
serve as a ground for a claim or lawsuit affecting the protected
items, the Parties shall, through their authorized bodies and, as
necessary, through diplomatic channels, hold consultations without
delay aimed at taking all necessary legal and practical measures to
defend against such claims or lawsuits.
6. The provisions of this Article shall not be construed as
affecting the implementation of appropriate administrative functions
in relation to the protected items in connection with their movement
and use within the territory of the State of the importing Party in
accordance with procedures compatible with this Agreement.
7. While ensuring observance of the principle of jurisdictional
immunity in accordance with this Article, the Parties shall, through
their authorized bodies or the authorized officials of the exporting
Party/importing Party, considering specific circumstances and the time
available, promptly consult on the coordinated implementation of
procedures and practices that would effectively meet the requirements
of precluding any acts that could make protected items vulnerable to
any transfer or use, which has not been authorized by the exporting
Party, or any mistreatment thereof prejudicing this Agreement, in the
course of implementing executive orders in the territory of the State
of the importing Party, entailing, in particular, administrative
moratoria on the movement or use of protected items should a motivated
decision be adopted in relation to:
a) suspension of customs processing and clearance of particular
protected items when there are an event and formal elements of a
customs infraction;
b) imposition of limitations on the movement and use of protected
items within the territory of the State of the importing Party when
their secure handling in conformity with this Agreement might be
prejudiced in case of a threat to security, public order, human life
and health or the natural environment;
c) imposition of limitations on the use of protected items in the
context of adopting specific decisions on the deployment and use of
any resources and services provided within the framework of joint
activities;
d) conduct of investigative or procedural actions in connection
with unlawful actions involving protected items;
e) application of similar conditions, limitations or moratoria.
8. In case of theft or any other unlawful seizure of protected
items, or a real threat of such actions, the importing Party shall
ensure maximum cooperation, rendering assistance for their protection
and return, and shall take measures to restore, without delay and in
full measure, effective control over protected items by the
representatives of the exporting Party.
The Parties agree that during the conduct of law enforcement
actions and the operational implementation of appropriate orders under
the laws of the States of the Parties, including criminal statutes,
with the purpose of identifying and collecting evidence ascertaining
the fact of an offence with respect to protected items, bringing
forward charges against the alleged perpetrator of a criminal offence,
as well as establishing criminal damage, law enforcement authorities
shall ensure the placing on an interim basis of protected items in a
restricted access area with the permanent escort and control with
respect to protected items by the representatives of the exporting
Party. Such secure treatment of protected items shall not be in any
substantive way restrictive with regard to the authority of the
representatives of the exporting Party to effectuate the necessary
safeguarding measures of on-going control, monitoring, inspection and
regulation of the handling of protected items during the time they are
securely stored.
Article 14
Emergency During Transportation, Storage or Launch
1. In case of emergency during the transportation, storage or
launch of protected items within the jurisdiction of the State of
either Party, the Parties shall make all necessary efforts to
cooperate in determining appropriate and joint measures, as well as
agreed technical methods to perform emergency or search-and-rescue
operations for the purposes of the search for and recovery of any and
all components and/or debris of protected items and in reaching all
necessary arrangements of a practical nature on the procedures and
conditions for performing such operations.
2. The Parties shall ensure that cooperation to facilitate the
search for, identification and collection of any and all components
and/or debris of protected items from all accident sites be performed
with full participation of the representatives of the exporting Party.
3. The importing Party shall permit the evacuation of components
and/or debris of protected items which are identified by the
representatives of the exporting Party, under the constant management
and supervision of and escort by these representatives. Evacuation
shall be carried out without any study and/or photographing or
videotaping and without the use of other means which may be employed
to reveal the technical and technological characteristics and
parameters of protected items, with the understanding that the
procedures of evacuation shall be carried out by representatives of
the exporting Party.
4. The Parties agree that a timely and effective performance of
emergency or search-and-rescue operations for the purposes of
searching for and recovery of any and all components and/or debris of
protected items shall be ensured by practices that involve:
a) the employment of methods, types of activities, equipment and
procedures for the conduct of emergency or search-and-rescue
operations, agreed on a mutual basis by the authorized officials of
the exporting Party/importing Party;
b) the maintenance between the authorized Russian representatives
and Korean representatives of permanent liaison and cooperative
relations when resolving all issues related to the planning and
conduct of emergency or search-and-rescue operations;
с) the provision of conditions for permanent monitoring on a
mutual basis by the Russian representatives and the Korean
representatives of the procedures for conducting emergency or
search-and-rescue operations.
5. Considering the provisions of paragraph 4 of this Article,
during the conduct of emergency or search-and-rescue operations to
search for and recover any and all components and/or debris of
protected items, the Parties shall make maximum efforts to observe the
following conditions:
a) the representatives of the importing Party during the conduct
of emergency or search-and-rescue operations shall not photograph or
videotape any components and/or debris of protected items of the
exporting Party and shall not employ other means, which may be used to
reveal technical and technological characteristics and parameters of
protected items;
b) all information related to protected items shall be ab initio
considered as confidential in its nature;
c) the representatives of the exporting Party shall conduct
identification of specific components and/or debris of protected
items, and shall inform the representatives of the importing Party of
the results; identification results shall serve as the basis on which
such components and/or debris shall be treated as protected items;
d) the representatives of the exporting Party, upon consultation
with the representatives of the importing Party, shall perform initial
treatment, accounting and systematization of the discovered and
identified components and/or debris of protected items and archive the
collected information related to them.
6. In case there are grounds to expect that the search for and
collection of components and/or debris of protected items shall affect
the interests of any other state, the Parties shall jointly and
expeditiously consult with the government of that state regarding the
issues of coordination of procedures for conducting emergency or
search-and-rescue operations, without prejudice to the rights and
obligations of all interested states in accordance with international
law, including those arising out of the Agreement on the Rescue of
Astronauts, the Return of Astronauts and the Return of Objects
Launched into Outer Space of 22 April 1968.
7. The Government of the Russian Federation and the Government of
the Republic of Korea shall authorize the Russian consignees and the
Korean consignees, respectively, to provide, in accordance with the
laws of their States, information necessary to determine the causes of
an accident or launch failure.
Article 15
Cooperation in Carrying out Measures Prescribed by Law
1. To carry out measures prescribed by law at facilities, in
premises and on transportation vehicles or in their separate zones
where protected items are located, the Parties, with a view to
safeguarding protected items, shall apply on an agreed basis
procedures for a managed access to sites where such measures are
carried out, duly taking into account the duties of all of their
participants. Such access shall be provided subject to the following
conditions:
a) the measures prescribed by law shall be performed exclusively
by prescribed officials, in compliance with the requirements of this
Article;
b) prescribed officials shall exercise the right to visit the
places where measures prescribed by law shall be carried out in the
presence of authorized officials of the exporting Party;
c) the importing Party shall ensure that in planning their
activities the prescribed officials:
(i) take into account as priority factors all aspects relating to
safeguarding protected items and act with due consideration for
constraints and requirements set by the representatives of the
exporting Party in respect of the access to protected items;
(ii) carry out the measures prescribed by law so as not to
interfere in the regulation of the handling of protected items or
endanger the abilities of the representatives of the exporting Party
to effectively and fully perform their functions in respect of
protected items;
(iii) reduce to the minimum and, where possible, preclude fully
interference with and inconveniences to the current and planned
operations with protected items performed by the representatives of
the exporting Party in the framework of joint activities;
(iv) employ for the purposes of carrying out measures prescribed
by law methods, technical means and procedures, agreed upon by the
authorized officials of the exporting Party considering their
compatibility with the purposes of this Agreement.
2. The exporting Party shall ensure that its representatives
assist in the expeditious performance of the measures prescribed by
law and the achievement of their objectives.
3. Considering the provisions of paragraphs 1 and 2 of this
Article, any visit to the place where measures prescribed by law are
being carried out shall be preceded by the following actions:
a) official submission of a request to visit the place of the
measures prescribed by law;
b) achievement and fulfillment of all necessary arrangements with
authorized officials of the exporting Party regarding the procedure
for carrying out measures prescribed by law, including photographing
and videotaping, with particular attention to specific sensitive
issues, associated with protected items;
c) adoption by the representatives of the exporting Party of the
necessary practical measures aimed at ensuring the safeguarding of
protected items for the duration of the measures prescribed by law.
Article 16
Protection of Restricted Use Information and
Confidential Information
1. The participants in joint activities shall determine the list
of technical data related to protected items which they intend to
exchange. Such list shall be subject to approval by the authorized
bodies of the Parties.
2. Nothing in this Agreement shall be considered as imposing an
obligation on either Party to provide information under this Agreement
or as a ground for any other transmission of information within the
framework of joint activities as a whole, if its disclosure
contravenes the security interests of its State.
3. Without prejudice to paragraph 4 of Article 8 of the Agreement
on Cooperation of 21 September 2004, if the provision of specific
information classified in the State of either Party as a state secret
is accepted by this Party as necessary in specific cases for the
purposes of implementing this Agreement, the procedure for the
transmission and treatment of such information shall be regulated by
the laws of the States of the Parties on the basis and under the terms
and conditions of a separate agreement between the Parties in written
form.
4. The Parties shall provide appropriate protection of
information, transmitted or generated in the course of joint
activities under this Agreement and in implementation of the Agreement
on Cooperation of 21 September 2004, the access to and dissemination
of which is restricted according to the laws of the State of either
Party (hereinafter referred to as "Restricted use information").
Restricted use information shall not fall under the category of
information classified as a state secret.
The treatment of the restricted use information shall be carried
out in accordance with the laws of the State of the Party and of
participants in joint activities which receive the information. Such
information shall not be disclosed or transmitted to any third
party/third person with respect to this Agreement without the consent
in written form of the Party and participants in joint activities
which provide the information.
Restricted use information shall be duly marked as such. This
information media shall be provided with a mark: in the Russian
Federation - "For Official Use"/"Dlya Sluzhebnogo Polzovaniya" mark
and in the Republic of Korea - "For Official Use Only"/"Dae Wae Bo An"
mark. Responsibility for such marking shall rest with the Party and
participants in joint activities, the information of which requires
such marking. The participants in joint activities shall determine the
procedure for the transmission and treatment of such information on
the basis and under the terms and conditions of a separate agreement
in written form.
5. The Parties shall take all necessary measures for the
protection of the confidentiality of all correspondence that contains
restricted use information and confidential information provided for
in section III of the Annex to the Agreement on Cooperation of 21
September 2004 which are transmitted as part of the implementation of
this Agreement.
6. Each Party shall reduce to a minimum the number of persons who
have access to restricted use information and confidential information
that is transmitted by the other Party for the implementation of this
Agreement and the Agreement on Cooperation of 21 September 2004,
limiting the circle of such informed persons to the staff and
specialists who are in the service of the State and are citizens of
its State, whose access to such information is necessary for the
performance of their official duties in fulfillment of the purposes
stipulated by the Parties during the transmission. Should the
receiving Party wish to provide access to the said information to any
third party/third person, the receiving Party may only do so with the
agreement in written form of the transmitting Party.
Each Party shall oblige its participants in joint activities to
reduce to a minimum the number of persons who have access to
restricted use information and confidential information that is
transmitted between the participants in joint activities in the course
of the implementation of this Agreement and the Agreement on
Cooperation of 21 September 2004, limiting the circle of such informed
persons to the staff and specialists who are citizens of its State,
whose access to such information is necessary for the performance of
their official duties in implementation of this Agreement and the
Agreement on Cooperation of 21 September 2004. Should the receiving
participants in joint activities wish to provide access to the said
information to any third party/third person, the receiving
participants in joint activities may only do so with the agreement in
written form of the transmitting participants in joint activities.
For the purposes of this paragraph the authorized bodies of the
Parties shall not be considered as third party/third persons.
7. The Parties shall oblige the participants in joint activities
to maintain a regime for the provision of an effective protection from
disclosure of any restricted use information and confidential
information associated with protected items that may become known to
them in the course of conducting joint activities.
Article 17
Certification of Equipment and Technologies
1. The Parties shall, within their competence and in accordance
with the laws of their States, take measures with the purpose of
reducing existing differences in the fields of standardization and
certification of space equipment and technologies by means that
encourage the use in these fields of agreed instruments. In this
connection, the Parties shall, through their authorized bodies,
encourage cooperation with the purpose of simplifying, where expedient
and possible, administrative authorization procedures in force in
their States and facilitating negotiations on mutual recognition in
the field of conformity examination.
2. Each Party shall, on a reciprocal basis, encourage the
participation of organizations, enterprises and firms, related to the
other Party, in tenders for industrial production organized in its
State in connection with carrying out activities in the exploration
and use of outer space and the application of space technologies. The
Parties shall cooperate to create conditions for awarding contracts on
an open and competitive basis within the framework of State
procurement procedures.
Article 18
Settlement of Disputes
1. Any dispute regarding the interpretation and implementation of
this Agreement shall be considered and resolved in accordance with the
procedures stipulated in Article 14 of the Agreement on Cooperation of
21 September 2004.
2. Should any procedures referred to in paragraph 1 of this
Article require the use of information and/or data which has
limitations on its handling, the Parties shall provide for a closed
examination of the dispute.
Article 19
Final Provisions
1. This Agreement shall enter into force on the date of the
receipt of the last notification in written form through diplomatic
channels on the completion by the Parties of domestic procedures
necessary for its entry into force and shall be of an indefinite
duration.
2. This Agreement may be amended by an agreement between the
Parties in written form. Amendments shall enter into force in
accordance with the procedure established by paragraph 1 of this
Article.
3. Where necessary, the particularities of the application of the
provisions of this Agreement may be determined by the Parties with
respect to specific programmes and projects by means of Protocols to
this Agreement.
4. If either Party wishes to terminate this Agreement it shall
notify the other Party in written form through diplomatic channels and
in such case this Agreement shall be terminated one year after the
date of receipt of such notification by the other Party. During this
one-year period the Parties shall hold consultations and shall at the
request of either Party define practical measures in connection with
the termination of this Agreement.
5. The termination of this Agreement shall not affect the
fulfillment in full of arrangements not completed by the time of its
termination, including the due resolution of all contractual relations
in connection with joint activities. The obligations of the Parties
and the participants in joint activities set forth in this Agreement
concerning security, use and treatment of all protected items,
including information and technical data transmitted on legal grounds,
and the return of all protected items, their components and/or debris
in case of failed launch, incident or accident, apart from those that
continue to be used or have been utilized on the territory of the
State of the importing Party on legal grounds, to the State of the
exporting Party or to another location approved by the exporting
Party, shall continue to apply in full measure and in all respects
after the termination of this Agreement for the duration of a period
of time either specified during the transfer of protected items or as
part of defining practical measures provided for in paragraph 4 of
this Article.
In witness whereof, the undersigned, duly authorized thereto by
their respective Governments, have signed this Agreement.
Done at Seoul on 17 October 2006 in duplicate, each in the
Russian, Korean and English languages, all texts being equally
authentic. In case of any divergence of interpretation of the
provisions of this Agreement, the text in the English language shall
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