Статья 15«Соглашение между Правительством Российской Федерации и Правительством Республики Ботсвана о военно-техническом сотрудничестве» [рус., англ.]

Прекращение действия настоящего Соглашения не затрагивает выполнения контрактов и других соглашений, заключенных во исполнение настоящего Соглашения во время его действия и действующих на момент прекращения его действия, если Стороны не договорятся об ином.

В случае прекращения действия настоящего Соглашения положения статей 6, 7, 8 и 9 настоящего Соглашения остаются в силе.

Совершено в г. Габороне 28 ноября 2013 г. в двух экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE REPUBLIC OF BOTSWANA ON MILITARY-TECHNICAL COOPERATION

(Gaborone, 28.XI.2013)

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

Guided by the principles and rules of international law and a mutual desire to develop and strengthen friendly relations between the Russian Federation and the Republic of Botswana;

Expressing readiness for cooperation in military and technical areas, based on mutual respect, trust and interests of the Parties;

Have agreed as follows:

This Agreement provides the legalbasis for military-technical cooperation (hereinafter referred to as «MTC») between the Parties.

The Parties shall effect MTC in the following areas:

a) supplies of arms, military equipment and other military purpose products for ensuring the defence and security of the Parties' states;

b) support of operations, repair and upgrading of military purpose products; supplies of spare parts, installations, units, instruments, component items, special, training and support material to military purpose products;

c) rendering services within the framework of MTC; expansion of cooperative ties regarding the development and production of military purpose products;

d) deputation and secondmentof specialists for rendering assistance in the implementation of joint programs within the framework of MTC; and

e) rendering military-technical assistance and professional trainingin relevant educational establishment with due regard to needs and capabilitiesof the Parties.

a) The authorised bodies of the Parties for the realization of the present Agreement are the following:

for the Russian Party — Federal Service for Military-Technical Cooperation;

for the Botswana Party — The Ministry of Defence, Justice and Security of the Republic of Botswana.

b) The Parties shall immediately notify each other through diplomatic channels of any changes in their authorised bodies.

The Parties shall carry out appropriate measures to facilitate and strengthen cooperation, within the framework of this Agreement, subject to the laws applicable in the Party's respective countries.

a) For fulfillment of this Agreement the Parties and their authorised bodies shall conclude relevant agreements and MTC-affiliated entities, on the instructions of the Parties, — contracts for specific topics of cooperation in the areas defined by Article 2 of this Agreement.

b) The nomenclature, volumes of deliveries of military-purpose products and rendering military-technical services, terms and conditions and forms of payment according to the international practices shall be defined by the mentioned agreements and contracts based on this Agreement.

a) Neither Party shall sell or transfer to a third party including international organisations, foreign legal entities and natural persons, military hardware, technical documentation for its production nor information, receivedor acquired during MTC according to the present Agreement, without prior written consent of the other Party.

b) Any information transferred pursuant to this Agreement shall be used only for the declared purposes of this Agreement. Such information received by one of the Parties shall not be used to inflict damage to the other Party's state.

a) Information, other than that in the public arena, transferred under this Agreement or being a result of its implementation shall be considered by the Parties as the information which shall be kept confidential.

b) The Parties at their own discretion or together, in case of conducting cooperative works, shall confer confidentiality to information transferred in accordance with this Agreement or being the result of its execution. Carriers of such information shall have the following marks:

In the Russian Federation — «Restricted»;

In the Republic of Botswana — «Confidential».

c) The Party, receiving the information which is stipulated to be confidential by the Sending Party, shall ensure its protection and use it according to the laws of its own state. This information can not be disclosed or transferred to any third party without written consent of the Party transferred such information.

d) Procedures for exchange, conditions and measures to protect information which constitutes a state secret of the Parties' countries during its implementation and upon completion of the Agreement's validity shall be the subject of a separate agreement.

e) Access to military facilities and enterprises of military industrial complex shall be consistent with the Law of the Party for hosting those facilities and enterprisesand according to the procedures agreed by the Parties.

a) The Parties recognise that military-purpose products transferred, created or used during implementation of contracts (agreements) concluded pursuant to the Agreement can be the result of intellectual activity or can contain results of intellectual activity the rights for which belong to the relevant Parties' states and/(or) MTC-affiliated entities of the Parties' states;

b) The Parties shall take necessary steps to provide for legal protection and to prevent the illicit use of such results, consistent with the laws of each Party and international treaties, to which either states may be a party;

c) Procedures for use, legal protection and distribution of these rights to the results of intellectual activities shall be the subject of a separate agreement between the Parties.

a) In accordance with its international obligations the Sending Party shall have the right to execute control over the intended use of certain types of military purpose products supplied (transferred) pursuant this Agreement.

b) Procedures of carrying out such control shall be the subject of a separate agreement between the Parties.

a) In order to implement this Agreement and consequent arrangements in the field of MTC, the Parties, if necessary, shall establish an Intergovernmental Working Body on MTC. The composition of each body being defined by the respective Party.

b) The working order of the Intergovernmental Working Body on MTC shall be determined by agreement between the chairpersons of the national bodies.

Disputes between the Parties in connection with the application and/or interpretation of this Agreement and any subsequent arrangements in the field of MTC shall be settled by the Parties by wayof negotiations and consultations.

By mutual agreement the Parties may introduce amendments to this Agreement.

This Agreement shall enter into force on the date of receipt of the last written notification about the fulfillment by the Parties of their national procedures necessary for its coming into effect.

a) This Agreement shall be valid for five years and is automatically extended for subsequent five year periods.

b) Each Party shall notify other Party, in writing, by giving not less than six months notice of its intention to terminate this Agreement.

a) The termination of the present Agreement shall not affect performance of the contracts and other agreements concluded in conformity with this Agreement within the period of its validity and effect at the time of termination, except as otherwise agreed by the Parties.

b) In case of termination of this Agreement provisions of Articles 6, 7, 8 and 9 of the present Agreement shall remain valid.

Done in the city of Gaborone on 28 November 2013 in duplicate, each in the Russian and English languages, all texts being equally authentic.

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