Agreement between the Russian Federation and Georgia on Terms and Rules of Temporary Functioning and Withdrawal of the Russian Military Bases and Other Military Facilities of the Group of Russian Military Forces in South Caucasus Deployed on the Territory of Georgia

Source: Public and Media Relation Division,
Ministry of Defense of Georgia

Georgia and the Russian Federation, hereinafter referred to as the Parties,

Having regard to the new political realities in Europe and in the world as a whole,

Noting that the development of friendly relations and multilateral co-operation complies with the essential interests of the peoples of both nations,

Guided by the principals of respect for national sovereignty, independence and territorial integrity, as well as noninterference in internal affairs,

Acting in the spirit of good neighbourhood, co-operation and respect for rights and interests of each other,

Believing that the resolution of the issue concerning the temporary functioning of the Russian military bases and military facilities of the Group of Russian Forces in the South Caucasus and their withdrawal from the territory of Georgia would contribute to the strengthening of confidence between the Parties,

Guided by the United Nations Charter, documents of the Organization for Security and Cooperation in Europe, and also by the Joint Declaration of the Russian Federation and Georgia of November 17, 1999, which is an integral part of the Final Act of the Conference of the States Parties to the Treaty on Conventional Armed Forces in Europe of November 19, 1999,

Have agreed as follows:

Article 1

For the purposes of the present Agreement the terms defined herein shall have the following meanings:

“Russian Military Base” – Military unit of the Group of Russian Forces in the South Caucasus deployed on the section (sections) of the territory of Georgia with the infrastructure and clearly delineated and agreed borders by the Parties;

“Russian Military Facility” – Military unit of the Group of Russian Forces in the South Caucasus deployed on the section (sections) of the territory of Georgia with the infrastructure and clearly delineated and agreed borders by the Parties, not included into the Russian military bases and functioning for the interests thereof;

“Functioning of the Russian military bases and military facilities in the regime of withdrawal” – fulfillment by the Russian military bases and military facilities of the tasks related to their withdrawal including the preparation of personnel (shooting from rifles, driving of vehicles);

“Withdrawal of the Russian military bases and military facilities” – process of relocation (withdrawal) of the movable property of the Russian Federation, personnel of the Russian military base and their family members and also their private property from the territory of Georgia;

“Movable Property” – all registered property of the Russian military bases and military facilities including all kinds of armaments, military equipment and other material resources used to ensure the viability and temporary functioning of the Russian military bases and facilities prior to their withdrawal from the territory of Georgia

“Immovable Property” (objects of immovable property) – tracts of land, as well as buildings, stationary installations and communications attached to them, designed to ensure the viability and temporary functioning of the Russian military bases and military facilities in the regime of withdrawal;

“Persons included in the personnel of the Russian military base”:

1)Citizens of the Russian Federation serving at the Russian military bases and military facilities;

2)Civilian personnel – citizens of the Russian Federation employed at the Russian military bases and military facilities;

3)Citizens of the Russian Federation sent on assignment by the Russian Party to the Russian military bases and military facilities;

“Family members of the persons included in the personnel of the Russian military base” – spouse, children, parents, as well as other persons living together with the personnel of the Russian military base and depending on their support;

“Command of the Russian military bases and military facilities” – Command with its management body to which the Russian military bases and military facilities temporarily deployed on the territory of Georgia are subordinate.

“Place of Deployment” – Section of the territory of Georgia with the borders delineated and agreed by the parties where a Russian military base or a military facility is temporarily deployed.

Article 2

The authorized bodies responsible for the implementation of the present Agreement shall be:

For Georgia – Ministry of Defence of Georgia

For the Russian Federation – Ministry of Defence of the Russian Federation.

Article 3

The Parties have agreed to complete the withdrawal of the Russian military bases and military facilities deployed on the territory of Georgia during the year 2008, in a phased manner, in the following order:

The Russian military bases in Batumi and Akhalkalaki are functioning in the regime of withdrawal.

Following the transfer of the “Gonio” polygon and the liaison retranslantor of Kodjori by the Russian Party to Georgia, they shall continue functioning in accordance with the Annexes 1 and 2, which are integral parts of the present Agreement. Besides, the Georgian Party shall retain to the persons included in the personnel of the Russian military bases and their family members the right for free temporary use of the dwellings occupied by them within the facility “Zvezda” until the completion of the withdrawal of the Russian military bases and military facilities from the territory of Georgia.

The Russian Party shall transfer to the Georgian Party until July 1, 2006, the major part of the Russian military facilities in accordance with the agreed list of facilities of the Group of Russian Forces in the South Caucasus, which is to be transferred to the Georgian Party.

The Russian military units are arranging the withdrawal of the equipment, material resources and other property pertaining to the Russian military bases and military facilities located for the moment on the territory of Georgia. The withdrawal of the Russian armoured vehicles including the armaments and equipment limited by the Treaty on Conventional Armed Forces in Europe of November 19, 1990 from the Russian military base of Akhalkalaki shall be completed until the end of 2006. The withdrawal of the Russian military base of Akhalkalaki and the rest of the Russian armoured vehicles from the territory of Georgia, as well the transference of the Russian military facilities to the Georgian Party shall be completed until October 1, 2007, in any case, with due regard for the weather conditions, no later than December 31, 2007. The final withdrawal of the Russian military base of Batumi as well as the command of the Group of Russian Forces in the South Caucasus shall take place throughout the year 2008.

The Georgian Party, according to the agreed timetable/schedule for the withdrawal of the Russian military bases and military facilities and the list of spare parts and material resources, shall make it possible for the Russian side to provide spare parts and material resources required for the withdrawal.

In connection with the abovementioned, the Georgian party shall allow the Ministry of Defence of the Russian Federation to use the airspace of Georgia, as well as carry out shipment of armaments, military equipment and other material resources by railway and road.

Article 4

The Georgian Party shall assist in providing the necessary conditions for the phased withdrawal of the Russian military bases and military facilities from the territory of Georgia and shall ensure the viability and temporary functioning of the Russian military bases and military facilities in the withdrawal regime until the completion of the withdrawal process.

The Parties shall agree on the number and the term of stay on the territory of Georgia of those military servicemen of the Russian Federation, in particular drivers, mechanical engineers and other technical staff, whose temporary assignment to Georgia is intended for the promotion of the withdrawal of the Russian military bases and military facilities, in addition to the number of those Russian servicemen within the Group of Russian Forces in the South Caucasus who were present on the territory of Georgia by the moment of signing the Joint Declaration of May 30, 2005 by the Ministers of Foreign Affaires of the Russian Federation and Georgia.

Family members of the persons included in the personnel of the Russian military base, who enter the territory of Georgia shall not be considered as constituting part of the total amount of the personnel of the Russian military bases and military facilities.

Article 5

The Georgian Party shall assist in organizing the withdrawal of equipment and personnel of the Russian military bases of Batumi and Akhalkalaki from the territory of Georgia through the legal checkpoints, including the Batumi Port, Batumi Airport and the border-migration control department “Ninotsminda” and shall ensure safe withdrawal and transportation of the equipment and personnel subject to withdrawal.

Article 6

The persons included in the personnel of the Russian military bases and their family members shall be obliged, during their stay on the territory of Georgia, to hold relevant Georgian visas and certificates issued by the competent Georgian authorities indicating the place and date of their entrance to Georgia through the checkpoints defined in Article 5 of the present Agreement.

The consular services of the Ministry of Foreign Affaires of Georgia shall issue visas to the persons included in the personnel of the Russian military bases and their family members in the following manner:

One-year multiple visas shall be issued to the persons included in the personnel of the Russian military bases and their family members assigned to Georgia by rotation, except for servicemen being in the conscripted service, who shall obtain entry visas to Georgia;

Single visas shall be issued, on the basis of the agreement with the Georgian competent authorities, to the persons included in the personnel of the Russian military bases sent to Georgia on a short-term assignment for the period (up to 3 months) that is necessary to fulfill the tasks related to the withdrawal of the Russian military bases and military facilities.

The Russian party shall send applications for visas through the diplomatic channels. Applications for single visas with the validity agreed by the Parties shall be filed at least 15 days before the planned entrance to the Georgian territory. Applications for multiple and entry visas shall be filed 60 days before the planned entrance to the territory of Georgia.

Application shall indicate serviceman’s surname, first name, father’s name, passport number and series, military rank, place and term of his deployment on the territory of Georgia and purpose of his entrance to the territory of Georgia. For a conscripted serviceman – an application shall additionally indicate route and schedule of his movement to the place of deployment. For a serviceman under contract – the information about the route and schedule of his movement to the place of deployment shall be provided at least 15 days before the date of his planned entrance. The list of the servicemen leaving the territory of Georgia in advance, shall be submitted, together with the agreed documents confirming their departure, within 5 days from the date of such departure.

The Georgian party shall make decision on the issuance of single visas within 10 days from the date of receiving a relevant application, while a decision on the issuance of multiple and Georgian entry visas to the servicemen of the Russian military bases and their family members assigned to Georgia by rotation as well as to the servicemen who have completed the term of their service on the territory of Georgia shall be made within 20 days from the date of their departure.

The number of servicemen of the Russian military bases who enter the territory of Georgia by rotation shall be equal to the number of Russian servicemen leaving the territory of Georgia prior to such entrance. However, visas shall be issued to no more than 30 persons employed under contract for a period of one month at the Russian military base without the need of withdrawing in advance the equal number of Russian servicemen from the territory of Georgia. The Russian party shall, within 20 days from receiving visas, provide the documents confirming the withdrawal of the above-said number of Russian servicemen from the territory of Georgia.

The competent authorities of the Parties shall agree the route and schedule of entrance (departure) through the national borders of Georgia of servicemen of the Russian Federation within at least 10 days before the planned relocation.

Article 7

The Russian Party shall not use the Russian military bases and military facilities against the interests of Georgia and shall not allow their interference in the internal affairs of Georgia.

During the temporary deployment of the Russian military bases and military facilities on the territory of Georgia, the Russian Party shall not allow shooting from any kind of armament except for the light weaponry on places designated specifically by the Georgian Party.

The moveable property of the Russian Party shall be shipped under the rule established by the Parties in strict observance of the agreed routes and timescales laid down in the schedules drawn up by the competent Russian authorities.

Cargo vehicles of the Russian armed forces may cross the Georgian state border with the permission of the competent Georgian authorities, through the checkpoints designated at the Georgian state and customs border, provided that they submit relevant cargo-related documents and declarations to the competent Georgian authorities.

The issues related to military service at the Russian military bases and military facilities shall come within the competence of their respective command, which shall insecurity of the population, ecological safety and environmental protection in accordance with the Georgian legislation and shall not allow the use for commercial purposes of the territory where the Russian military bases and military facilities are deployed.

Article 8

Servicemen of the Russian military bases and their family members shall respect the sovereignty and legislation of Georgia, shall not interfere with its internal affairs and shall not take part in the internal conflicts on the territory of Georgia.

Persons included in the personnel of the Russian military bases and their family members shall be subject to the Georgian jurisdiction except for cases stated below:

1)If they commit a crime or administrative offence against the Russian Federation, as well as against citizens of the Russian Federation or property belonging to the Russian Federation.

2)If they commit a crime or administrative offence in the places of deployment of the Russian military bases and military facilities provided that the results of such acts remain confined to the places of deployment.

A person committing a crime or administrative offence in the course of discharging his professional duties shall be subject to the jurisdiction of the Russian Federation.

Article 9

The moveable property of the Russian military bases and military facilities shall be the property of the Russian Federation.

The moveable property of the Russian military bases and other military facilities shall be either withdrawn from the Georgian territory or utilised on the site by the agreement between the Parties.

The movable property of the Russian military bases and military facilities subject to withdrawal from the Georgian territory, as well as the property belonging to persons included in personnel of the Russian military bases or military facilities shall be exempt from all kinds of taxes, duties and tolls.

The Georgian Party shall grant the Russian navy a simplified procedure to ensure transportation of armaments, military equipment and property of the Russian military bases and military facilities subject to withdrawal from the Georgian territory, in accordance with the 9 October 1993 Agreement between the Government of the Russian Federation and Government of the Republic of Georgia on the Rules of Navigation and Stay of Military Vessels in the Waters and Ports of the Russian Federation and the Republic of Georgia.

Article 10

The Parties shall co-operate with a view to acquiring additional external sources of financing the transportation expenses connected with the withdrawal of the Russian military bases and military facilities.

Article 11

The Russian Party shall undertake:

Not to change the place of deployment of the Russian military bases and military facilities on the territory of Georgia;

Not to replace or replenish armament, military equipment and ammunition at the Russian military bases and military facilities.

Article 12

The immovable property of the Russian military bases and military facilities is the property of Georgia and shall be provided to the Russian Party for temporary free use until the withdrawal of the Russian military bases and military facilities from the territory of Georgia, according to Article 3 of the present Agreement.

The Russian Party shall undertake to ensure safety (integrity) of the immovable property to be transferred.

The immovable property assets vacated by the Russian military bases and military facilities shall be transferred to the Georgian Party in condition actually existing by the moment of transference, in compliance with the schedules agreed between the authorised bodies of the Parties.

The Parties, in order to transfer the immovable property, shall set up a Joint Commission.

The Russian Party shall not perform any construction activities with a view to building new objects of immovable property on the place of deployment without the consent of the Georgian Party.

Article 13

The Georgian Party shall guarantee that the citizens of the Russian Federation, who serve in the Russian military bases or military facilities and who are retired from military service during a period of withdrawal of the Russian military bases or military facilities, as well as their family members permanently living with them, who expressed their wish to take up a permanent residence in Georgia, shall retain the rights to the occupied by them dwellings. Persons who retain the right to the occupied by them dwellings shall also enjoy the right to live in Georgia.

Article 14

The Russian Party, until the complete withdrawal of the Russian military bases and military facilities, shall provide them with material, medical, veterinary-sanitary, commercial and consumer, transport, housing maintenance and financial security.

The Georgian Party shall assist in providing the Russian military bases and military facilities with electricity, water and other public utilities in compliance with norms and prices established for the state institutions of Georgia.

The Command of the Russian military bases and military facilities shall co-operate with the relevant state bodies of the Georgian Party and shall have the right to conclude contracts with the legal entities and natural persons on the territory of Georgia concerning the issues of the material, medical and transport provision of the Russian military bases and military facilities, provision of commercial and consumer, municipal and other services to the persons included in the personnel of the Russian military bases and their family members.

Article 15

Material resources (supplies, maintenance fund, military-technical property, etc.) necessary for ensuring the everyday activity of the Russian military bases and military facilities may be delivered to the territory of Georgia or purchased on the spot. Replenishment of supplies of the material resources necessary to ensure the withdrawal of the Russian military bases and military facilities shall be exempt from taxes, duties and charges, on the basis of the interim agreement with the competent authorities of the Georgian Party.

Article 16

Rules of use of radio frequencies by the Russian military bases and military facilities shall be regulated by the Agreement between the Command of the Russian military bases and military facilities and competent authorities of the Georgian Party.

Article 17

The Parties, with a view to coordinating the issues on the withdrawal of the Russian military bases and military facilities from the territory of Georgia, shall set up a Joint Operative-Technical Group.

The Georgian-Russian Joint Commission shall be set up with a view to controlling the fulfilment of provisions of the present Agreement and solving disputable issues arising in the process of realization of this Agreement. The aforesaid Commission shall be staffed with equal number of members from each party.

The Georgian-Russian Joint Commission shall be located in Tbilisi.

If a dispute arising from the interpretation or application of this Agreement cannot be solved by the Georgian-Russian Joint Commission or the Parties, the disputed issue shall be settled either through negotiations or by diplomatic channels.

Article 18

The Parties shall compensate to each other, to all legal entities and natural persons the material damage occurred as a result of activity during the implementation of this Agreement.

The Georgian-Russian Joint Commission shall determine the rate and mechanism of compensation for damage within a month from the day on which one party notifies the other through diplomatic channels of the inflicted damage. If during this period the Parties fail to reach an agreement, the damage shall be indemnified by order of the court or arbitration.

Article 19

The Russian party shall undertake not to hold or keep on or transport through, the territory of Georgia weapons of mass destruction, and shall not to carry out researches in the sphere of elaboration or use of such weapons on its territory.

The presence or movement of armed persons included in the personnel of the Russian military bases and military facilities, outside the place of deployment of the Russian military bases and military facilities shall be inadmissible, except for cases, when they escort shipment of money or material resources or goods in capacity of military messengers, or other special cases preliminarily agreed with the authorised bodies of the Georgian Party.

The Russian military units shall not carry out patrolling on the territory of Georgia outside the place of deployment of the Russian military bases and military facilities.

Military traffic police of the Russian Party shall carry out its activities only according to the rules and in the cases agreed with the authorized bodies of the Georgian Party.

The Command of the Russian military bases and military facilities shall be responsible for the safe maintenance and keeping of weapons, ammunition and other dangerous materials existing in the places of deployment and in warehouses of the Russian military bases and military facilities.

Article 20

The Parties, at the earliest possible time, shall complete the elaboration of the Agreement on Foundation and Functioning of the Georgian-Russian Antiterrorist Centre and shall prepare it for signing. According to this Agreement, the agreed part of the personnel, material-technical resources and infrastructure of the Russian military base in Batumi shall be used for the benefit of the aforesaid Centre.

Article 21

In compliance with Article 102 of the UN Charter, the present Agreement shall be subject to the registration at the UN Secretariat.

Article 22

The present Agreement shall be provisionally used from the date of its signing and shall enter into force upon the exchange of notifications on the fulfilment of necessary intrastate procedures by the Parties.

The present Agreement shall remain in force until December 31, 2008, unless one Party notifies the other through diplomatic channels on its intention to terminate the present Agreement due to a significant infringement of this Agreement by the other Party. In this case the present Agreement shall be terminated within 30 days after such notification.

Either party, according to the norms of International Law, may suspend the present Agreement notifying the other Party through diplomatic channels on suspension or reinstatement of this Agreement.