Agreement on Prevention of Incidents in the Caspian Sea

Filename: 9033-ProtocolIncidents2018-CaspianSeaLegalStatus-#9031

Agreement on Prevention of Incidents in the Caspian Sea

Source: https://mddoc.mid.ru/api/ia/download/?uuid=1cb2527f-9123-45bb-b366-849a5...

The Governments of the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan, hereinafter referred to as the Parties,

Desiring, in the framework of this Agreement, to ensure safety of navigation of warships and flight safety of aircraft of the Armed Forces of the States of the Parties in the Caspian Sea,

Guided by the relevant generally recognized principles and norms of international law,

Have agreed as follows:

Article 1

For the purposes of this Agreement:

a) "Warship" means a ship belonging to the Armed Forces of the State of a Party bearing external marks distinguishing such warships of its nationality, under the command of an officer duly commissioned by the government and whose name appears in the service list or its equivalent, and manned by a crew which is under regular military discipline;

b) "Aircraft" means heavier-than-air or lighter-than-air craft belonging to the Armed Forces of the State of a Party bearing external marks distinguishing such aircraft of its nationality;

c) "Naval group" means an ordered formation of two or more warships proceeding and manoeuvring together;

d) "Manoeuvring" means changing the direction of movement (course) and/or speed of a warship or a naval group.

Article 2

This Agreement shall apply to warships and aircraft of the Parties operating in the Caspian Sea beyond the territorial waters and airspace above them.

Article 3

The Parties shall take measures to ensure strict observance by the Commanding Officers of their warships of the 1972 International Regulations for Preventing Collisions at Sea (1972 Collision Regulations).

Article 4

1. Warships of each of the Parties operating in proximity of warships of other Parties, except when they are required to maintain course and speed under the 1972 Collision Regulations, shall remain well clear to avoid the risk of collision.

When approaching each other closer than 2 nautical miles in the daytime and 3 nautical miles at night or in conditions of poor visibility, warships of the Parties shall establish contact according to the procedure established in Article 6 of this Agreement.

2. Warships of each of the Parties meeting or operating in the vicinity of naval groups of other Parties shall, in compliance with the 1972 Collision Regulations, avoid manoeuvring in a manner which would hinder the manoeuvring of the naval groups.

3. When being in sight of each other, warships of the Parties shall adhere to signals (flag, sound or light) prescribed by the 1972 Collision Regulations, the International Code of Signals and the Table of Special Signals set forth in the Annex to this Agreement to indicate their actions and intentions. At night or in conditions of reduced visibility, or in such conditions of lighting or distances when signal flags are not distinct, flashing light or VHF radio channel 16 (156.8 MHz) should be used.

4. Warships of the Parties:

a) Shall not simulate attacks by combat manoeuvring or by aiming guns, missile launchers, torpedo tubes or other weapons in the direction of warships and aircraft of other Parties;

b) Shall not launch any objects in the direction of warships of other Parties in a manner that can be hazardous to those warships or can hinder navigation;

c) Shall not use searchlights or other illumination devices in a manner that can hinder the steering of warships or aircraft of other Parties;

d) Shall not use lasers or any other devices in a manner that can hinder the steering of warships or aircraft of other Parties, cause harm to the health of their crew or damage their on-board equipment;

e) Shall not shoot signal flares in the direction of warships and aircraft of other Parties in a manner that can be hazardous to those warships and aircraft;

f) Shall not jam radio-electronic and navigational equipment of warships and aircraft of other Parties.

5. When conducting exercises with submerged submarines, the accompanying warships shall show appropriate signals as prescribed by the International Code of Signals or in the Table of Special Signals set forth in the Annex to this Agreement to warn warships of other Parties of the presence of submarines in the area.

6. Warships of each of the Parties when approaching warships of other Parties which, under Rule 3(g) of the 1972 Collision Regulations, are limited in their ability to manoeuvre, particularly warships engaged in launching

or landing aircraft, as well as warships in the process of replenishment, shall take appropriate measures not to hinder manoeuvres of such ships and shall remain well clear.

7. In the interests of ensuring safe navigation, warships and naval groups of the Parties shall not engage in dangerous manoeuvring in the areas of heavy traffic or other intensive economic activities.

8. Operations of warships and aircraft of the Parties shall be carried out in accordance with provisions of this Agreement without prejudice to sovereign and exclusive rights of the States of the Parties and should not unduly interfere with the exercise of sovereign and exclusive rights of the States of the Parties.

Article 5

1. Aircraft of each of the Parties when approaching aircraft or warships of other Parties, in particular warships engaged in launching or landing aircraft, shall take the utmost care.

2. Aircraft of the Parties:

a) Shall not simulate attacks or the use of weapons against warships and aircraft of other Parties;

b) Shall not perform aerobatics or engage in dangerous manoeuvrmg in the vicinity of warships and aircraft of other Parties;

c) Shall not drop any objects in the direction of warships and aircraft of other Parties in a manner that can be hazardous to navigation or aircraft in flight;

d) Shall not use searchlights or other illumination devices in a manner that can hinder the steering of warships or aircraft of other Parties;

e) Shall not use lasers or any other devices in a manner that can hinder the steering of warships or aircraft of other Parties, cause harm to the health of their crew or damage their on-board equipment;

f) Shall not jam radio-electronic and navigational equipment of warships and aircraft of other Parties.

3. Aircraft of the Parties flying in darkness or in conditions of poor visibility shall display navigational lights.

Article 6

1. Warships and aircraft of the Parties when establishing radio communication shall use call signs in English containing information about their nationality as follows: "(nationality) warship/aircraft".

2. Radio communication shall be maintained in English or in other acceptable languages.

3. To exchange information and to ensure a better mutual understanding, warships and aircraft of the Parties shall use the following frequencies:

a) Between warships of the Parties - in accordance with Article 4, paragraph 3, of this Agreement. After the initial contact has been established, the exchange of information shall be maintained, as agreed by the commanders, using one of the VHF channels normally used in the international practice;

b) Between an aircraft of a Party and an aircraft of another Party, as well as between a warship of a Party and an aircraft of another Party- in the VHF band at the frequency of 121.5 MHz or 243 MHz. After the initial contact has been established, the information exchange shall be maintained at the frequency of 130 MHz or 278 MHz.

Article 7

In areas along routes of submarine cables and pipelines, as well as areas where artificial islands, installations and structures are located, warships and naval groups of the Parties shall refrain from any actions that can be hazardous to such facilities and their operation.

Article 8

1. The Parties shall provide through the established system of navigational information no later than:

a) 3 days in advance - the notification of actions of their warships that represent a hazard to navigation;

b) 7 days in advance - the notification by their respective Aeronautical Information Services of actions of their warships and aircraft that represent a hazard to air navigation;

2. It shall not be allowed to establish areas of actions mentioned m paragraph lof this Article in fishery zones of the States of other Parties. In the common maritime space, such areas can only be established subject to the absence therein of artificial islands, installations and structures. The Party that has established such an area shall be liable for damage that it may cause to other Parties.

3. Each of the Parties shall take appropriate measures to ensure that commanders of its warships and aircraft take the utmost care in the areas of actions reported in accordance with paragraph 1 of this Article.

Article 9

The Parties shall exchange, in a timely manner via diplomatic channels, relevant information about incidents resulted in a physical damage and other incidents at sea involving warships and aircraft of the Parties, or about events that could entail such incidents.

Article 10

Any disagreements and disputes regarding the interpretation or application of this Agreement shall be resolved through consultations and negotiations among the Parties.

Article 11

1. Provisions of this Agreement may be amended or supplemented by agreement of all the Parties.

2. Amendments and supplements to this Agreement shall be an integral part of it and shall be made in separate protocols which shall enter into force as provided for in Article 13 of this Agreement.

Article 12

The Republic of Kazakhstan shall be the Depositary of this Agreement.

Article 13

1. This Agreement shall be of indefinite duration and shall enter into force on the thirtieth day following the date of receipt by the Depositary of the last written notification of the completion by the Parties of their internal procedures necessary for its entry into force.

2. Each Party may terminate its participation in this Agreement by notifying the Depositary in writing of its intention to withdraw from the Agreement. For that Party this Agreement shall remain in force for twelve months from the date of receipt by the Depositary of such notification.

3. Provisions of this Agreement shall not affect rights and obligations of the Parties under other international agreements to which their respective States are parties.

Done at Aktau on 12 August 2018 in one original copy in the Azerbaijani, Parsi, Kazakh, Russian, Turkmen and English languages, all texts being equally authentic.

In case of any disagreement, the Parties shall refer to the English text.

The original copy shall be deposited with the Depositary which shall transmit certified true copies of this Agreement to the Parties.

For the Government of the Republic of Azerbaijan

For the Government of the Republic of Iran

For the Government of the Republic of Kazakhstan

For the Government of the Russian Federation

For the Government of Turkmenistan

Annex to the Agreement on Prevention of Incidents in the Caspian Sea

Table of Special Signals

Distinguishing signal: YVl

(this signal precedes the following group)

-

QV3 I am anchored in deep water with hydrographic survey equipment streamed

RT2 I intend to pass you on your port side

RT3 I intend to pass you on your starboard side

RT4 I will overtake you on your port side

RTS I will overtake you on your starboard side

RT6

/.../ I am (Formation is) manoeuvring. Request you remain clear in direction from me /Table III ICS/

RT7

/.../ I shall approach your ship on starboard side to a distance of hundreds of meters (yards)

RT8

/.../ I shall approach your ship on port side to a distance of hundreds of meters (yards)

RT9

/.../ I shall cross astern at a distance of hundreds of meters (yards)

RU2

/.../ I am starting a port tum in approximately minutes

RU3

/.../ I am starting a starboard tum in approximately minutes

RU4 The formation is preparing to alter course to port

RUS The formation is preparing to alter course to starboard

RU6 I am engaged in manoeuvring exercises. It is dangerous to be inside the formation

RU7 I am preparing to submerge

RU8 A submarine will surface within two miles of me within 30 minutes. Request you remain clear

SL2 Request your course, speed and passing intention

TXl I am engaged in fisheries patrol

UYl

/.../ I am preparing to launch/recover aircraft on course

UY2

/.../ I am preparing to conduct missile exercises. Request you remain clear in direction from me /Table III ICS/

UY3

/.../ I am preparing to conduct training gunnery exercises. Request you remam clear Ill direction from me

/Table III ICS/

UY4 I am preparing to conduct (conducting) operations employing explosive charge

UYS

/...I I am manoeuvring in preparation for torpedo launching exercises. Request you remain clear in direction from me /Table III

ICS/

UY6

/.../ I am preparing to conduct (conducting) underway replenishment on course . Request you remain clear

UY7

/...I I am preparing to conduct extensive small board and ship to shore amphibious training operations. Request you remain clear in direction from me /Table III ICS/

UY8

!...I I am manoeuvring to launch/ recover landing craft/boats. Request you remain clear in direction from me /Table III ICS/

UY9 I am preparing to conduct (conducting) helicopter operations over my stern

UYlO I am testing my gun systems

UYll I am testing my missile systems

UY12

/.../ I am preparing to conduct (conducting) gunnery/bombing exercises from aircraft on a towed target. Request you remain clear in direction from me /Table III ICS/

ZLl I have received and understood your signal

ZL2 Do you understand? Request acknowledgment

ZL3 Your signal has been received but isn't understood