Статья 7«Соглашение между Правительством Российской Федерации и Организацией освобождения Палестины, представляющей интересы Палестинской национальной администрации, о правовом статусе и деятельности музейно-паркового комплекса в г. Иерихоне» [рус., англ.]

Настоящее Соглашение вступает в силу с даты подписания.

Настоящее Соглашение заключается сроком на 5 лет и будет автоматически продлеваться на последующие 5-летние периоды, если ни одна из Сторон письменно не уведомит по дипломатическим каналам другую Сторону не менее чем за 3 месяца до истечения соответствующего 5-летнего периода о своем намерении прекратить его действие.

С письменного согласия Сторон в настоящее Соглашение могут вноситься изменения.

В случае прекращения действия настоящего Соглашения имущество музейно-паркового комплекса остается в собственности Российской Федерации.

Совершено в г. Вифлееме 26 июня 2012 года в двух экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу.

В случае расхождений в толковании настоящего Соглашения используется текст на английском языке.

(Подписи)

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE PALESTINE LIBERATION ORGANIZATION REPRESENTING THE PALESTINIAN NATIONAL AUTHORITY ON THE LEGAL STATUS AND ACTIVITIES OF THE MUSEUM PARK COMPLEX IN JERICHO

The Government of the Russian Federation and the Palestine Liberation Organization representing the Palestinian National Authority, hereinafter referred to as the Parties,

Aiming at further broadening and deepening mutually beneficial cultural, scientific and economic cooperation between the Russian Federation and the Palestine Liberation Organization,

Guided by the principles of equality and mutual benefit,

Have agreed as follows:

For the purposes of this Agreement, the following terms shall have the following meanings:

1. «Federal Unitary Enterprise Goszagransobstvennost» means a Russian legal entity which serves as an authorized representative of the Russian Federation responsible for the property administration of the Museum Park Complex and management of the activity of the Complex;

2. «Museum Park Complex» means an office (separate unit) of the Goszagransobstvennost registered in the territories under the jurisdiction of the Palestinian National Authority in compliance with the legislation in force in the territories under the jurisdiction of the Palestinian National Authority and headed by a representative of the Goszagransobstvennost;

3. «Property of the Museum Park Complex» means movable and immovable property of the Russian Federation administered by the Goszagransobstvennost and allocated by the Goszagransobstvennost to the Museum Park Complex, which includes the land lot № 6/33005 «Al-Madrasa Vazzukuma» in Jericho covering the area of 10010 square meters with buildings and structures, natural and specially planted vegetation, the cultural heritage site «the fig tree of Zacchaeus» and cultural heritage, including open-air ones, located within its boundaries, except for archaeological findings discovered at the abovementioned land lot as a result of archeological activities;

4. «Cultural education» means preservation, dissemination and popularization of Palestinian and global historical and cultural heritage, including organizing and holding exhibitions, international conferences and meetings, inter alia, outside the territories under the jurisdiction of the Palestinian National Authority;

5. «Museum activities» means identification, preservation, studying and public exposure of museum items and collections and objects of cultural heritage found in the territory of the land lot referred to in this Article;

6. «Scientific and archeological activities» means scientific and archeological research in the territory of the land lot, which is a part of the property of the Museum Park Complex, aimed at gaining new knowledge and using it in science and culture;

7. «Tourist activities» means organizing paid visits to the Museum Park Complex for individual tourists and tourist groups.

The Goszagransobstvennost shall establish a Museum Park Complex in the territories under the jurisdiction of the Palestinian National Authority with a view to carry out scientific, archeological, museum, cultural, educational, and tourist activities. The Museum Park Complex shall exercise its activity in a manner consistent with the principle of combating trafficking in cultural property and antiquities in the territories under the jurisdiction of the Palestinian National Authority.

The Goszagransobstvennost is entitled to carry out through the Museum Park Complex its business activity which is not contrary to the legislation of the Russian Federation and the legislation in force in the territories under the jurisdiction of the Palestinian National Authority and use its profits for the purposes of the establishment of the Museum Park Complex.

The funds for the Museum Park Complex's activities, maintenance and insuring of the property of the Museum Park Complex, paying of salaries to the personnel as well as paying of taxes and fees shall be provided by the Russian Party.

The Museum Park Complex and the Goszagransobstvennost shall not incur the liabilities of the Parties, nor the Parties shall incur the liabilities of the Museum Park Complex and the Goszagransobstvennost.

All movable and immovable property making up the property of the Museum Park Complex, including the land lot on which it is situated, belongs to the Russian Federation.

Taxes, fees and other mandatory charges provided for by the legislation in force in the territories under the jurisdiction of the Palestinian National Authority shall not be levied on the property (except for the land lot), income and profits of the Museum Park Complex.

Taxes shall be levied on the land lot of the Museum Park Complex in accordance with the legislation in force in the territories under the jurisdiction of the Palestinian National Authority.

The property of the Museum Park Complex shall not be subject to seizure, confiscation or alienation in any other way.

The head of the Goszagransobstvennost shall appoint a representative of the Goszagransobstvennost for the Museum Park Complex in accordance with the Russian legislation. The Russian Party shall inform the Palestinian Party through diplomatic channels of the Representative of the Goszagransobstvennost that will administer the Museum Park Complex.

The representative of the Palestinian National Authority responsible for the coordination of actions aimed at enforcing the present Agreement shall be appointed by the Palestinian Party (hereinafter referred to as the PNA Representative) in accordance with the legislation currently in force in the territories within the jurisdiction of the Palestinian National Authority. The Palestinian Party shall inform the Russian Party of its Representative through diplomatic channels. The PNA Representative shall cooperate with the Representative of the Goszagransobstvennost in matters regarding the implementation of the present Agreement, for the purposes of which the Parties shall establish a Board of Guardians.

The Russian Party shall independently determine the number of staff of the Museum Park Complex, which would comprise adequately qualified citizens of the Russian Federation; permanent residents of the territories within the jurisdiction of the Palestinian National Authority; as well as citizens of other States.

The staff of the Museum Park Complex, except for permanent residents of the territories within the jurisdiction of the Palestinian National Authority, must obtain a work permit issued in accordance with the legislation currently in force in the territories within the jurisdiction of the Palestinian National Authority. The Ministry of Labor of the Palestinian National Authority shall facilitate the issuance of permits for this staff intending to work for the Museum Park Complex.

Taxes, fees and other mandatory charges provided for by the legislation currently in force in the territories within the jurisdiction of the Palestinian National Authority shall not be levied on the salary of the Museum Park Complex employees who are citizens of the Russian Federation and other States, except for permanent residents of the territories within the jurisdiction of the Palestinian National Authority.

In order to carry out archeological activities in the territory of the Museum Park Complex, the representative of the Goszagransobstvennost and the PNA Representative shall institute a joint Russian-Palestinian archeological expedition in Jericho.

The activities of the Russian-Palestinian archeological expedition in Jericho shall be financed by the Russian Party.

Procedures for the formation, operation and financing of the archeological expedition, regulations for the examination, keeping, conservation, restoration, museum cataloguing, attribution and exhibition of archeological findings, as well as the legal status of the results of scientific research shall be subject to a separate Agreement.

Archeological items found in the course of archeological activities in the territory of the Museum Park Complex shall be considered an integral part of cultural and historical heritage of the Palestinian people and shall be the property of the Palestinian National Authority.

The aforementioned archeological findings suitable for exhibition shall be included into the exhibition of the Museum Park Complex and used solely for the purposes of disseminating and popularizing Palestinian and global historical and cultural heritage.

The Russian Party shall provide free and unrestricted access to the territory of the Museum Park Complex during its working hours to the staff of the Antiquities Department of the Ministry of Tourism of the Palestinian National Authority, as well as enable permanent residents of the territories within the jurisdiction of the Palestinian National Authority to visit the Museum Park Complex on easy terms and at a reduced fare.

Pass control shall be introduced for access to the territory of the Museum Park Complex. The form of the pass as well as the pass control regime shall be agreed upon by the Representative of the Goszagransobstvennost and the PNA Representative.

In order to create the enabling conditions for the operation of the Museum Park Complex, in addition to the obligations assumed by the Russian Party under Articles 2 — 5 of the present Agreement, the Palestinian Party shall ensure:

1. Registration of the authorized office of the Goszagransobstvennost in the territory of the Palestinian National Authority in the form of the Museum Park Complex as an office of a Russian legal entity according to the procedure established by the legislation that is effective in the territory of the Palestinian National Authority.

2. Registration of property rights of the Russian Federation and real rights of the Goszagransohstvennost to the immovable property making up the property of the Museum Park Complex.

3. Security of the property and staff of the Museum Park Complex, including by means of police forces protecting it on a free-of-charge basis.

Perimeter protection of the property of the Museum Park Complex shall be carried out by the police of the Palestinian National Authority. Perimeter protection should not hinder the transportation of cargo into and out of the Museum Park Complex territory and access of staff and their family members as well as visitors to the Museum Park Complex.

4. Energy and water supply for the Museum Park Complex on favorable terms and in amounts necessary for its normal operation.

5. Processing of documents required by the customs regulations for the lawful entry, exit, stay and employment in the territory of the Palestinian National Authority for the citizens of the Russian Federation and (or) other States who are members of the Museum Park Complex staff, members of the Russian-Palestinian archeological expedition in Jericho or members of their families.

The present Agreement shall enter into force from the date of signature.

The present Agreement shall remain in force for five years and shall be automatically extended for the next five-year period, unless either of the Parties sends, through the diplomatic channels, to the other Party a written notification of its intention to terminate this Agreement not less than three months prior to the termination of the corresponding five-year period.

Amendments may be made to the present Agreement with a written consent of the Parties.

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