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 On
8 December 1991, the USSR State collapsed and we had to tackle what it
left to us without quarrelling…
After
the demise of the USSR, the newly independent countries, with the help
of international, financial institutions, settled all accounts mutually.
Finally a very important agreement was made not to fall into land
occupation and border disputes between the CIS countries. In this
agreement, the most important matters were clearly solved as below:
The
separate countries of the former USSR admitted the current borders
existing from the era of the former USSR borders between the republics.
The
possessions established within the border of every state in the time of
the USSR were claimed by the independent states as their own state
possessions.
The
quantity of the wealth and the shares of the debts and credits of the
independent states were ascertained by
calculating
the USSR’s exchange funds and adding the gold in the gold reserves.
The
credits of Türkmenistan on separation from the USSR, up to 4 December
1991 were fixed as 1 billion 87 million US dollars. The debt Türkmenistan
owed to the USSR was 707 million US dollars. The final account was fixed
such that USSR owed Türkmenistan 380 million US dollars.
This
debt had to be paid by the Russian Federation, heir of the USSR.
I
understood the fact that these were notional credits and that we would
not get our credits because of the tight economic borders of the Russian
Federation. That’s why I thought that it would be better for us to
separate peacefully. I put my idea to the first president, Boris
Yeltsin, and he supported my proposal to donate our credits. We made a
contract between the Republic of Türkmenistan and Russia, preparing a
proposal for a treaty complying with International Law. The content of
the treaty is below:
The AGREEMENT, between Türkmenistan and the Russian Federation, is to
regulate the legal matters succeeding from the debts and credits of the
former USSR to foreign states.
Türkmenistan
and the Russian Federation
confirm
the memorandum, dated 28 October 1991, on the mutual agreement
regulating the debts of the USSR and its legal successors to the foreign
creditors and the contract, dated 4 December 1991, regulating the legal
matters succeeding from the debts and credits of the USSR to foreign
states,
and
also agree on the solutions to the matters relating to both sides on the
legal matters succeeding from the former USSR’s debts and credits as
below.
Matter
1
What
is meant by the purpose of this agreement on the former USSR State’s
debts and credits is the interpretations which are valid in the Articles
1(a) and (b) of the contract, dated 4 December 1991, concerning the
legal matters succeeding from the debts and credits of the USSR to
foreign states.
Matter
2
The
parties confirm that the share of debts determined for Türkmenistan is
equal to 0.70%, a ratio which was fixed by one indicator in the former
USSR’s debts and credits to the foreign states.
Matter
3
Because
of the position of the former USSR on 1 December 1991, Türkmenistan
transfers its responsibilities for payment of its share of the debt to
the Russian Federation, and the Russian Federation accepts those
responsibilities.
Matter
4
Because
of the position of the former USSR on 1 December 1991, the Russian
Federation accepts the share of Türkmenistan from the state credits. Türkmenistan
transfers the stated credits to the Russian Federation.
Matter
5
After
this agreement comes into effect, it will be accepted that all conflicts
between the parties related to the debts and credits of the former USSR
to the foreign state have been
resolved by the contract of 4th
December 1991 regulating the legal matters succeeding from the debts and
credits of the USSR, in addition to the agreement of 6th July
1991 on “the share of the full estates of the USSR in the foreign
states”.
Matter
6
The
stated contract will become effective when it is signed on 31st
July 1992, in Moscow, in two copies in the Türkmen language and Russian
language, both of which have equal legal force.
Türkmenistan
Russian Federation
The
president
The president
S.A.
Niyazow Boris Yeltsin
(50-53)
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