Статья 10«Протокол 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» [рус., англ.]

Заключительные положения

1. Настоящий Протокол вступает в силу с даты получения последнего уведомления в письменной форме по дипломатическим каналам о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу, но не ранее даты вступления в силу Соглашения, и далее действует все то время, в течение которого осуществляется программа ККСЗ, при том понимании, что в указанный период действует Соглашение.

2. В настоящий Протокол могут вноситься изменения по согласию Сторон в письменной форме. Изменения вступают в силу в соответствии с порядком, установленным пунктом 1 настоящей статьи.

В удостоверение чего нижеподписавшиеся, должным образом на то уполномоченные своими соответствующими Правительствами, подписали настоящий Протокол.

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 Протокола используется текст на английском языке.

TO THE 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 OF 17 OCTOBER 2006

(Seoul, 17.X.2006)

The Government of the Russian Federation and the Government of the Republic of Korea (hereinafter referred to as «the Parties»),

Desiring to ensure the effective implementation of the 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 of 17 October 2006 (hereinafter referred to as «the Agreement») with regard to joint activities, as defined in the Agreement, related to the development and operation of the Korea Space Launch System (hereinafter referred to as «the KSLS»),

With a view to assist and expand cooperation in the field of commercial use of outer space for peaceful purposes,

Have agreed as follows:

1. Without prejudice to the definition contained in subparagraph «a» of paragraph 1 of Article 1 of the Agreement, the term «protected items» shall, for the purposes of the KSLS programme, specifically mean the following items produced in the Russian Federation and delivered to the Republic of Korea: the complete set of first stages of launch vehicles, separation system adapters and liquid propellant for first stages of launch vehicles, KSLS designed-operational documentation, as well as equipment for first stages of launch vehicles, including set of equipment for the ground control system complex, automated remote filling control system check-out equipment, measurement complex of the absolute pressure measurement system, filling control system check-out equipment, equipment for the ground segment of the ground measurement system, a set of check-out equipment for the ground telemetry system at the assembly complex, a set of check-out equipment for the ground telemetry system at the launch complex, equipment for measurement stations for first stages of launch vehicles, a set of check-out equipment for fuel consumption control system level gauge, and operational documentation for the equipment indicated above.

2. For the purposes of this Protocol, the term «joint activities», as it is defined in subparagraph «c» of paragraph 1 of Article 1 of the Agreement, shall mean any actions pertaining to the treatment of protected items in connection with the technical design, development, testing and operation of the KSLS at the cosmodrome in the territory of the Republic of Korea (hereinafter referred to as «the cosmodrome»), including technical discussions, all stages of handling any general technical and specialized documentation, the development of the systems and technical design for the KSLS, development, manufacturing, supply, assembly, testing, technical maintenance and operation of launch vehicles, systems and units of the KSLS ground complex and the cosmodrome, provision of technical guidance, provision of services for the operation of the KSLS, the return of protected items, which have been temporarily imported to the Republic of Korea, to the Russian Federation or to another location approved by the Government of the Russian Federation or, if need be, their utilization in the territory of the Republic of Korea, as well as activities associated with launches.

3. Without prejudice to the definition contained in subparagraph «d» of paragraph 1 of Article 1 of the Agreement, the term «Russian consignees» shall, for the purposes of the KSLS programme, mean the Federal State Unitary Enterprise «M.V. Khrunichev State Research and Production Space Center», the Open Joint-Stock Company «Academician V.P. Glushko NPO Energomash» and the Federal State Unitary Enterprise «Design Bureau of Transport Machine-Building».

4. Without prejudice to the definition contained in subparagraph «d» of paragraph 1 of Article 1 of the Agreement, the term «Korean consignees» shall, for the purposes of the KSLS programme, mean the Korea Aerospace Research Institute acting as the end-user of protected items.

5. Without prejudice to the definition contained in subparagraph «i» of paragraph 1 of Article 1 of the Agreement, the term «authorized officials of the exporting Party» shall, for the purposes of the KSLS programme, mean «authorized Russian officials», and the term «authorized officials of the importing Party» shall mean «authorized Korean officials».

6. For the purposes of this Protocol, «KSLS» shall mean the Korea Space Launch System developed in the interests of the Republic of Korea within the framework of joint activities by the Russian consignees and the Korean consignees, consisting of KSLV-I light-weight launch vehicles capable of placing a 100 kg payload into the low earth orbit and ground complex, and intended to perform launches of launch vehicles for peaceful purposes from the cosmodrome.

The purpose of this Protocol is to define the particularities of the application of the principles and norms of the Agreement with regard to the import of protected items to the Republic of Korea and their use during the development and operation in its territory of the KSLS for launching KSLV-I light-weight launch vehicles for peaceful purposes, as well as to the export of the protected items temporarily imported to the Republic of Korea, to the Russian Federation or to another location approved by the Government of the Russian Federation.

1. This Protocol shall apply to all types and stages of joint activities, as defined in paragraph 2 of Article 1 of this Protocol, including:

a) at all facilities of the Russian consignees and the Korean consignees;

b) at all facilities under the jurisdiction and/or control of the Russian Federation and/or of the Republic of Korea;

c) all actions of the Russian representatives and the Korean representatives;

d) all actions of launch participants from third states related to their managed access to protected items.

2. The Government of the Russian Federation and the Government of the Republic of Korea shall commit their authorized bodies to ensure that the Russian representatives and the Korean representatives, respectively, possess the necessary level of authority and qualification in the area of technology safeguarding, act in good faith while discharging their authority and functions regarding the implementation of the Agreement and this Protocol, and observe the laws of the States of the Parties.

1. The Parties acknowledge the security and non-proliferation requirements associated with the design, development, testing and operation of the KSLS and the cosmodrome. The Parties shall, through their authorized bodies, cooperate in restricting access to the cosmodrome in accordance with the Agreement and this Protocol in order to prevent any unauthorized access to protected items.

2. The Government of the Republic of Korea and the Korean operator of the cosmodrome shall manage access to the cosmodrome and all places within it, except that the Government of the Russian Federation shall, through its authorized bodies, control access to the facilities, premises, transportation vehicles or their separate zones that are set aside exclusively for works with protected items, including their transportation and storage, with due regard to the rights, obligations and responsibilities of the Government of the Republic of Korea and the Korean consignees.

3. Within the framework of the procedure for issuing a license (licenses) in the Republic of Korea to the Korean consignees to implement the activities under the KSLS programme, the Government of the Republic of Korea shall oblige the Korean consignees to ensure that the special facilities, premises, transportation vehicles or their separate zones used exclusively by the Russian representatives, as well as all other facilities and premises of the cosmodrome, meet the requirements for safeguarding protected items for the purpose of preventing any unauthorized access to protected items and/or unauthorized collection of information in violation of the Agreement and this Protocol and/or actions leading to receiving of such information.

4. The territory of the cosmodrome used for conducting joint activities shall be reserved as an area with a special security regime, which shall remain in force for the whole duration of this Protocol. Any alteration of the configuration of the perimeter of such reserved area shall be subject to coordination in advance with the authorized bodies of the Government of the Russian Federation. In order to guarantee the implementation of the special security regime, the Government of the Republic of Korea shall ensure that constant and uninterrupted perimeter security is provided for the relevant areas.

5. The Parties recognize that access to facilities, premises and transportation vehicles on the territory of the cosmodrome, or their separate zones, for certain periods during the time when protected items are located there, as well as to protected items, shall be managed and controlled by the Russian representatives.

6. The Russian representatives and the Korean representatives shall have joint access and joint management of access rights to facilities, premises and transportation vehicles in the territory of the cosmodrome, and their separate zones, used for the purposes of joint activities at the cosmodrome, including for integration of the components of launch vehicles and their integration with payloads. The Russian representatives shall escort and monitor protected items at all times. Following integration of the components of launch vehicles, the Russian representatives and the Korean representatives shall jointly escort launch vehicles, including when they are integrated with payloads, right up to the launch.

7. Access to Korean components of launch vehicles, Korean payloads, Korean technological equipment and Korean technical data shall be restricted in accordance with the terms of agreements between the Russian representatives and the Korean representatives, which shall meet the requirements of the laws of the Republic of Korea.

8. The Government of the Republic of Korea shall take measures to manage factors external to the cosmodrome for the purpose of ensuring conditions favourable for a safe and effective launch and preventing the collection of information in prejudice of the Agreement and this Protocol.

For the effective accomplishment of the purposes of this Protocol, a Russian Office for Joint Management of the KSLS programme shall be established by the Russian consignees. The Government of the Republic of Korea shall render appropriate assistance to enable the office to carry out its functions, taking into account their character and duration. The Government of the Republic of Korea shall permit such office to use necessary means and types of specialized communications correspondence related to protected items, including correspondence delivered by the Russian representatives, and shall take appropriate measures for the protection of premises of such office and ensure the prevention of access to its archives and documents when such access is not authorized by the Russian representatives.

1. The Government of the Russian Federation shall permit the Russian representatives to transmit, subject to the laws of the Russian Federation, to the Government of the Republic of Korea, the Korean representatives and launch participants from third states, the following Russian technical data associated with the protected items:

a) orbit parameters; launch window; flight programmes for launch vehicles; parameters for the injection trajectory; orientation parameters during injection and at the moment of separation of boosters and spacecraft;

b) environmental data pertaining to explosion and fire safety and to the presence on launch vehicles of elements that are toxic or otherwise hazardous to human life and health or to the environment;

c) data regarding the presence or absence on launch vehicles and/or in the composition of technological equipment of devices and/or components with radioactive elements and/or ionizing, sonic or electromagnetic radiation sources;

d) data regarding the reliability and safety of the flight of launch vehicles;

e) propellant parameters for launch vehicles;

f) technical data on the interface form, fit and function that describe mechanical, electrical and other mating parameters for attaching launch vehicles;

g) nominal operation frequencies for telemetry systems and command radio lines;

h) data on the readiness for tests and launch of launch vehicles, as well as on the readiness of the KSLS ground complex;

i) data from operation documentation on the launch vehicles and the KSLS ground complex equipment, to the extent necessary for carrying out joint operations during the preparation for and the conduct of the launch;

j) notification of the absence on launch vehicles of nuclear weapons, any other weapons of mass destruction, or any other weapons;

k) notification of the absence on launch vehicles of devices for collection, storage and transmission of information on functional parameters of payloads systems;

l) Manual for the User of the KSLS;

m) operational documentation for the launch vehicles and ground complex of the KSLS;

n) presentational materials and progress reports on the implementation of particular phases of works under the KSLS programme.

2. The Government of the Russian Federation shall permit its authorized bodies to transmit to the Government of the Republic of Korea and the Korean representatives systems and technical design for the KSLS, technical data associated with the KSLS necessary for the Korean representatives to carry out works for the design, development, testing and operation of the cosmodrome infrastructure, the format and content of which shall be defined in accordance with the laws of the Russian Federation subject to the Agreement and this Protocol.

3. The specific list and volume of technical data indicated in paragraphs 1 and 2 of this Article are subject to approval by the authorized bodies of the Government of the Russian Federation in compliance with the laws of the Russian Federation.

4. Technologies related to protected items shall not be transferred, unless otherwise authorized by the Government of the Russian Federation through license issued by the state bodies authorized in accordance with the laws of the Russian Federation. The Parties shall not permit to provide and/or transfer, and the Government of the Russian Federation shall prohibit the Russian representatives from providing and/or transferring to natural and/or legal persons of the Republic of Korea and/or any other natural and/or legal persons, other than the Russian representatives:

a) respectively any assistance and/or technical data related to the technology for the design, engineering, development, production, manufacturing, maintenance, modification, enhancement and/or modernization of protected items, deeming such provision and/or transfer as a violation of licenses and/or other permits issued by it;

b) any classified information and/or any objects of intellectual property, in particular, in the form of engineering calculations, any kind of methods and technologies, in connection with the transfer of technical data indicated in paragraphs 1 and 2 of this Article and technical data that may be transferred under the procedure provided for in paragraph 13 of this Article, in violation of this Protocol.

5. The Government of the Republic of Korea shall not implement, formally or in practice, subsequent transfer, and shall forbid such subsequent transfer by the Korean representatives of any Russian technical data indicated in paragraphs 1 and 2 of this Article and technical data that may be transferred under the procedure provided for in paragraph 13 of this Article, without prior agreement in written form of the Government of the Russian Federation, irrespective of whether such technical data are original technical data, copies of these technical data, or technical data derived on the basis or with the use of original and lawfully reproduced technical data. The Government of the Republic of Korea shall not use and shall take necessary measures so that the Korean representatives shall not use, formally or in practice, Russian technical data for purposes other than those that have been specifically cited in information from the license (licenses) of the Russian Federation and/or information from other corresponding permits by the Government of the Russian Federation, supplied by the Russian consignees to the Korean consignees.

6. The Government of the Russian Federation shall undertake necessary measures to ensure the supply by the Russian consignees to the Korean consignees of necessary information from the license (licenses) of the Russian Federation and/or the information from other corresponding permits by the Government of the Russian Federation.

7. The Parties agree that the following technical data related to payloads may be requested by the Russian representatives and the Korean representatives from launch participants for the purpose and within the framework of the activities associated with the launches:

a) orbit parameters; launch window;

b) interface form, fit and function technical data that describe mechanical and electrical mating parameters for attaching payloads to launch vehicles;

c) propellant parameters; operating frequency plans, including telemetry, tracking and control; safety systems information; test data; separation characteristics; ground handing/test equipment; test/flight and launch schedules;

d) environmental data pertaining to explosions and fire safety and to the presence on payloads of elements that are toxic or otherwise hazardous to human life and health or to the environment;

e) data regarding the presence or absence on payloads and/or in the composition of equipment related to payloads of devices and/or components with radioactive elements and/or ionizing, sonic or electromagnetic radiation sources;

f) notification of the absence on payloads of nuclear weapons, any other weapons of mass destruction, or any other weapons;

g) notification of the absence on payloads of devices for collection, storage and transmission of information on functional parameters of launch vehicle systems.

8. Requests for the transfer of technical data indicated in paragraph 7 of this Article originating in third states must be directed to the governments of these states in accordance with the procedure stipulated in the licenses issued by them and in the agreements or arrangements with them and/or consignees from third states.

9. The Government of the Russian Federation shall not permit the Russian representatives to provide any assistance (including with the use of Russian technical data) to the Korean representatives relating to the design, engineering, development, production, operation, maintenance, modification, enhancement, modernization or repair of payloads, unless such assistance is specially authorized by the Government of the Russian Federation in written form.

10. This Protocol shall not permit the Russian representatives to disclose any information related to payloads.

11. The Government of the Russian Federation shall not implement, formally or in practice, subsequent transfer, and shall forbid such subsequent transfer by the Russian representatives of any technical data indicated in paragraph 7 of this Article, without prior agreement in written form from the Government of the Republic of Korea and, considering the provisions of paragraph 8 of this Article, without prior agreement in written form of governments of third states, irrespective of whether such technical data are original technical data, copies of these technical data, or technical data derived on the basis or with the use of original and lawfully reproduced data. The Government of the Russian Federation shall not use, and shall take necessary measures so that the Russian representatives shall not use, formally or in practice, the indicated technical data for purposes other than those that have been specifically cited in information from license (licenses) issued, respectively, by the Government of the Republic of Korea or governments of third states, and/or information from other permit by the Government of the Republic of Korea and governments of third states for a subsequent transfer.

12. The Parties shall, through their authorized bodies, cooperate in providing information necessary for the regulation and licensing of space activities in accordance with the laws of the States of the Parties. Such information may be additional to that which is indicated in paragraphs 1, 2 and 7 of this Article, necessary for certification and licensing of space activities in accordance with the laws of their States. For the purposes of this paragraph, «licensing of space activities» shall mean activities associated with the licensing process with respect to the KSLS programme.

13. Requests for the transfer by any Party of technical data apart from those indicated in paragraphs 1, 2 and 7 of this Article, must be directed to the authorized body(ies) of that Party. Authorizations for the transfer of such technical data shall be granted in accordance with the laws of the State of that Party.

1. For the purposes of this Article, the term «intellectual property» has the meaning provided for in Article 2 of the Convention Establishing the World Intellectual Property Organization done in Stockholm on 14 July 1967.

2. The procedure for the protection and exercise of rights to the results of intellectual activities related to the development, production, testing and operation of protected items under the KSLS programme, shall be the subject of this Article. The application of the provisions of this Article shall not prejudice separate agreement in written form with respect to particular types of activities associated with the cosmodrome, that do not concern protected items, under Article 7 of 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»).

3. The Government of the Republic of Korea shall acknowledge the exercise by the Russian Federation or the Russian participants of, or the title of the Russian Federation or the Russian participants to exercise, exclusive rights to all the results of intellectual activities (in particular, rights to patents and rights to copyrights objects, including computer programmes and databases) associated with the design, engineering, development, production, manufacturing, maintenance, modification, enhancement and/or modernization of protected items, including testing and operation prior to the use of protected items as part of the KSLS, and, accordingly, rights to use and commercialize the results of such intellectual activities. The Government of the Republic of Korea shall not prejudice the exercise of the rights and the entitlements to exercise the above mentioned rights of the Russian Federation or the Russian participants, as well as to the use of the results of such intellectual activities in the territories of third states.

4. The rights to the results of intellectual activities related to testing and operation of protected items as part of the KSLS shall be allocated by the Russian participants and the Korean participants with due consideration of the provisions of the Agreement on Cooperation of 21 September 2004.

5. The elaboration and implementation of plans for the assessment and use of technology related to protected items, including identification and patenting of inventions, shall be within the exclusive competence of the Russian participants. The elaboration and implementation of plans for the assessment and use of technology related to testing and operation of protected items as part of the KSLS, including identification and patenting of inventions, shall be within the joint competence of the Russian participants and Korean participants.

6. Information about the results of intellectual activity related to protected items, for example, information containing general descriptions of scientific and technical approaches and principal pilot, theoretical and calculation techniques used, shall be transmitted by the Russian representatives to the Korean representatives upon coordination with the authorized bodies of the Government of the Russian Federation and by authorization in written form of the competent bodies of the Russian Federation under the terms defined in the plans of assessment and use of technology related to protected items, subject to the provisions of Article 6 of this Protocol and Article 7 of the Agreement on Cooperation of 21 September 2004. Nothing in this paragraph shall be construed as an obligation to transfer the exclusive rights to the results of intellectual activity.

7. The Government of the Republic of Korea, recognizing the rights of the Russian Federation and the Russian participants to legal protection in the Republic of Korea of the rights to the results of intellectual activities that belong in accordance with paragraph 3 of this Article and are allocated in accordance with paragraph 4 of this Article, respectively, to the Russian Federation and the Russian participants, shall provide protection of intellectual property rights of the Russian Federation and the Russian participants subject to the provisions of Article 7 of the Agreement on Cooperation of 21 September 2004.

The Government of the Russian Federation, recognizing the rights of the Government of the Republic of Korea and the Korean participants to legal protection in the Russian Federation of the rights to the results of intellectual activities that are allocated in accordance with paragraph 4 of this Article, respectively, to the Republic of Korea and the Korean participants, shall provide protection of intellectual property rights of the Republic of Korea and the Korean participants subject to the provisions of Article 7 of the Agreement on Cooperation of 21 September 2004.

8. Prior to the shipments of protected items to the Republic of Korea, the Government of the Republic of Korea shall, at the specific request in written form of the Government of the Russian Federation, acting through its authorized bodies, provide the authorized bodies of the Government of the Russian Federation and, through them, the Russian consignees with information for the purposes of clarifying distinctive features of the laws of the Republic of Korea concerning the protection of intellectual property, including possible legal and administrative constraints that may influence proper implementation of the provisions of this Article.

9. The Parties, at the request of either of them, shall hold without delay consultations through their authorized bodies on matters of protection and safeguarding of intellectual property in accordance with this Article, and of suppression of infringements in this sphere.

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.

1. Considering the special nature of joint activities, in the event that a Russian representative or an accompanying member of his/her immediate family is charged, while in the territory of the Republic of Korea, with an offence under the laws of the Republic of Korea, or in the event that a Korean representative or an accompanying member of his/her immediate family is charged, while in the territory of the Russian Federation, with an offence under the laws of the Russian Federation, the Parties shall, through their authorized bodies and/or state bodies authorized in accordance with the laws of the States of the Parties, hold consultations in an effective and prompt manner through appropriate agreed mechanisms on matters of mutual concern pertaining to the case, including legal proceedings.

2. Where the authorized Russian officials inform the authorized Korean officials that a Russian representative or an accompanying member of his/her immediate family is suspected, while in the territory of the Republic of Korea, of committing an offence under the laws of the Russian Federation, or where the authorized Korean officials inform the authorized Russian officials that a Korean representative or an accompanying member of his/her immediate family is suspected, while in the territory of the Russian Federation, of committing an offence under the laws of the Republic of Korea, the Parties shall, through their authorized bodies and/or state bodies authorized in accordance with the laws of the States of the Parties, hold consultations in an effective and prompt manner through appropriate agreed mechanisms.

Final Provisions

1. This Protocol shall enter into force on the date of the receipt of the last notification in written form through diplomatic channels of the completion by the Parties of domestic procedures necessary for its entry into force, but not prior to the date of entry into force of the Agreement, and shall further on be valid throughout the period of implementation of the KSLS programme, provided that during this period the Agreement shall be in force.

2. This Protocol 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.

In witness whereof, the undersigned, duly authorized thereto by their respective Governments, have signed this Protocol.

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