Статья 14«Соглашение между Правительством Российской Федерации и Правительством Республики Индии о развитии сотрудничества в нефтегазовой сфере» [рус., англ.]

Настоящее Соглашение заключается сроком на три года и вступает в силу с даты его подписания.

Настоящее Соглашение автоматически продлевается на периоды такой же продолжительности, и его действие может быть прекращено в любое время любой из Сторон путем письменного уведомления за шесть месяцев.

Прекращение действия настоящего Соглашения не затрагивает деятельность по реализации сотрудничества в его рамках, которая началась в период его действия, если Стороны не договорятся об ином.

Совершено в г. Нью-Дели 21 декабря 2010 года в двух экземплярах, каждый на русском, хинди и английском языках, причем все тексты имеют одинаковую силу. В случае возникновения разногласий в толковании положений настоящего Соглашения используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE REPUBLIC OF INDIA FOR ENHANCEMENT OF COOPERATION IN OIL AND GAS SECTOR

(New Delhi, 21.XII.2010)

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

Aiming at enhancement of cooperation in oil and gas sector for mutual benefit;

Taking into consideration the provisions of the Agreement between the Parties on Promotion and Mutual Protection of Investments of 23 December 1994;

Recognizing that widening and deepening of bilateral cooperation in the field of oil and gas sector will promote economic and commercial ties between the two countries; and

Further recognizing that socio-economic development and energy security of the Russian Federation and the Republic of India is inextricably linked to the availability, accessibility and affordability of oil and natural gas,

Have reached the following Agreement:

The Parties shall undertake bilateral cooperation in the oil and gas sector guided by the following basic principles:

a) Absolute sovereign rights over national oil and gas resources;

b) Non-discriminatory access to all to the international oil and gas markets;

c) Facilitating smooth flow of oil and gas resources to the international markets;

d) Energy security for all in an interdependent world of consumers and producers of oil and gas;

e) Common responsibility of all Parties — not only consumers and producers of oil and gas but also transit States for realizing the goal of global energy security;

f) Promotion and protection of domestic and international investments in the entire chain of creation of added value in oil and gas sector;

g) Promotion of investment activity in building of oil and gas assets;

h) Ensuring non-discriminatory access to energy technologies and participation in transfer of technologies;

i) Ensuring technological reliability of all elements of oil and gas infrastructure;

j) Ensuring physical safety and security of the vital oil and gas infrastructure;

and

k) Facilitating implementation of projects in oil and gas sector having great value for enhancement of energy security of the Parties.

The Parties, in accordance with the legislation of the respective States, shall promote cooperation on the territory of Russia, India and third countries in the following broad areas:

a) Implementation of joint projects in the field of exploration, production, transportation, refining, storage, sale and use of oil and natural gas;

b) Implementation of joint projects in the field of liquid natural gas;

c) Implementation of joint projects in the field of underground coal gasification;

d) Strengthening of partnership between the enterprises and organizations of both the States; and

e) Exchange of information on national and international tenders in the field of oil and gas.

For implementation of this Agreement, the Parties shall encourage and promote cooperation through the following modalities:

a) Setting up of Joint Ventures for exploration, production, processing and transportation of oil and natural gas;

b) Use of technologies, equipment and materials produced in Russia, India or third countries for joint projects, subject to economic feasibility and profitability;

c) Joint efforts to promote cooperation in trade in oil, liquid natural gas and petroleum products;

d) Joint participation of economic enterprises of the States in national and international tenders for sale of energy resources; evaluation of projects for joint implementation through public and private enterprises of both the States in the oil and gas sector;

e) Exchange of information and experiences in the field of underground coal gasification, production of oil and natural gas;

f) Development of partnership between research and development organizations, centers of technological excellence and industrial enterprises of both States;

g) Joint organisation of seminars, symposiums and industrial exhibitions on topics related to the oil and gas sector, with participation of government and non-governmental organizations, educational institutions, research institutes and chambers of commerce and industry of both States;

h) Assistance in training of professionals and technicians;

i) Promotion and support to public-private partnerships and use of energy efficient technologies in oil and gas sector;

j) Other forms of co-operation, which may be agreed by the Parties.

The Parties, on mutual agreement and in accordance with the legislation of the States, can invite interested organizations of third countries for participation in joint projects within the framework of the present Agreement.

In case of identification of projects for joint implementation, the Parties shall evaluate the feasibility and, if required, enter into separate agreements for implementation of such projects.

The competent authorities responsible for implementation of the present Agreement will immediately start consultations on elaboration of a program of cooperation within the scope of the present Agreement.

Each Party shall maintain confidentiality with regard to any information and data received from the other Party under the framework of this Agreement during implementation of joint projects.

The competent authorities responsible for implementation of the present Agreement are:

From the Russian side: Ministry of Energy of the Russian Federation; and

From the Indian Side: Ministry of Petroleum & Natural Gas, India

In case of any change of competent authorities, the concerned Party shall immediately notify other Party about this through diplomatic channels.

The progress in the implementation of the present agreement shall be monitored by the India-Russia Working Group on Cooperation in Energy under the ambit of India-Russia Inter-Governmental Commission on Trade, Economic, Scientific, Technological and Cultural Cooperation.

The Agreement does not limit in any way the rights of Russian and Indian companies to independently establish trade, economic and scientific and technological relations in the oil and gas sector within the areas of their competence.

The Parties are not liable for the obligations and liabilities of the parties to the joint projects, to be implemented within the framework of this Agreement.

The Agreement does not affect the rights and obligations of the Parties flowing out of other international agreements entered into by Russia and India.

Disputes and disagreements, if any, arising between the Parties in the implementation or interpretation of the provisions of this Agreement shall be resolved by amicable negotiations.

None of the Articles listed in the Agreement shall affect the sovereign rights of the Parties with regard to their natural resources, in accordance with the legislation of the Parties and norms of international law.

The Parties shall provide effective protection to the intellectual property rights, transferred or created in accordance with the Agreement.

Cooperative activities under Article 2 of this Agreement shall be carried out by Russian and Indian companies, through the signing of contracts, specifying the scope of cooperation, rights and obligations of the contracting parties, financial and other terms of cooperation, in accordance with the prevailing legislation of the Parties.

This Agreement can be amended by mutual consent between the Parties by exchanging diplomatic communications.

The present Agreement will have a duration of 3 (three) years and come into force from the date of its signing.

The present Agreement will be renewed automatically for periods of equal duration and can be revoked at any time, by either of the Parties, by giving a six months written notice.

The termination of the present Agreement shall not affect the completion of ongoing cooperative activities that may have been formalized earlier, unless otherwise agreed by the Parties.

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