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UNCLAS SECTION 01 OF 03 ASTANA 002138 
 
SIPDIS 
 
STATE FOR SCA/CEN, EEB/ESC, S/EEE, S/CIEA, EUR/RPM 
STATE PLEASE PASS TO USTDA 
 
E.O. 12958: N/A 
TAGS: PGOV PREL ECON EINV EPET SENV OSCE IMO KZ
SUBJECT:  KAZAKHSTAN SEEKS TO JOIN INTERNATIONAL OIL-SPILL-RESPONSE 
CONVENTIONS 
 
ASTANA 00002138  001.3 OF 003 
 
 
¶1.  SUMMARY:  Energy Officer attended a November workshop organized 
by the Astana Center of the Organization for Security and 
Cooperation in Europe (OSCE), with the support of the Kazakhstani 
government and International Maritime Organization (IMO), on 
ratification and implementation of international oil-spill-response 
conventions.  The event's approximately 30 participants included 
international experts from the IMO, Oil Spill Preparedness and 
Response Initiative (OSPRI), OSCE, and non-governmental 
organizations and representatives from the Ministries of 
Environmental Protection, Emergency Situations, and Energy and 
Mineral Resources.  Kazakhstan seeks to join international 
oil-spill-response conventions and sign a protocol on joint 
oil-spill response with other Caspian Sea littoral states.  END 
SUMMARY. 
 
COMPANIES HELD REPONSIBLE FOR OIL-SPILL PREVENTION AND RESPONSE 
 
¶2.  Kazakhstan's national oil-response system presupposes a 
responsibility of the companies to prevent and respond to oil spills 
while the government coordinates and monitors action.  The companies 
that operate oil fields near the sea, process and transport crude, 
and own ships are drafting plans for the prevention and liquidation 
of oil spills.  Oil and shipping companies also are building an 
oil-spill-response base, training staff, and conducting drills. 
 
¶3.  Vadim Nee, an expert at the Astana OSCE Center, summarized the 
elements of corporate oil-spill-response plans, which appropriate 
ministries of the government of Kazakhstan must approve.  The 
National Oil Spill Contingency Plan, approved by Kazakhstan's 
President Nursultan Nazarbayev in 2002, imposes special requirements 
on the corporate oil-spill-response plans, which must contain 
information on the allocation of high-risk oil objects, map 
environmentally-vulnerable areas, define all spill risks, and 
estimate the time required to liquidate oil spills of various 
degrees.  Nee summarized that Kazakhstan meets some elements 
required by various international conventions, but these aspects are 
all at the local level.  He said that Kazakhstan must approve a 
regional oil-spill-response plan that takes into account the needs 
and capabilities of all Caspian Sea littoral states. 
 
¶4.  Musa Tanabayev, Director of the Oil and Gas Industry State 
Control Committee of the Ministry of Emergency Situations (MES), 
added that MES regularly holds seminars, drills, and exercises with 
oil and gas companies.  Tanabayev hailed Agip KCO for its creation 
of a special oil-spill-response base with equipment able to pump 
3,300 tons of crude an hour, which allows it to address first- and 
second-degree oil spills.  According to Tanabayev, national 
maritime-shipping company Kazmortransflot also has resources to 
react to oil spills, and the Aktau sea port can respond to first- 
and second-degree oil spills. 
 
WHILE STATE LEADS ON COORDINATION 
 
¶5.  According to Nee, national oil-spill-response legislation 
includes the ecological code of 2007 and emergency situations law, 
which contain clauses, but not chapters, on oil spills.  The 2002 
National Oil Spill Contingency Plan (NOSCP) outlines the 
coordination between the government and companies when national 
resources are utilized.  Nee also explained that an operating 
company alone handles a first-degree oil spill while NOSCP might 
apply in case of a second-degree oil spills.  Kazakhstan must use 
its NOSCP in case of a third-degree oil spill. 
 
¶6.  Under the NOSCP, MES is responsible for equipment, staff, and 
public announcements.  The Ministry of Energy and Mineral Resources 
(MEMR) must coordinate with oil and transportation companies, and 
Ministry of Transportation and Communication (MTC) addresses 
transportation and communication.  Ministry of Environmental 
Protection (MEP) monitors the incident, its environmental 
consequences, and allocation of collected oil.  The Ministry of 
Health (MH) oversees medical aid and healthcare, and Akims 
 
ASTANA 00002138  002.3 OF 003 
 
 
(governors) of oblasts undertake restoration.  The National Oil 
Spill Commission, which consists of representatives from MES, MEMR, 
MEP, MTC, MH, and Akims, coordinates and manages the organization of 
all activities. 
 
¶7.  MEMR, MES, MEP, MTC, and Customs Committee are charged with 
general prevention and preparation measures.  Meanwhile, MES, air 
crews, and ship crews are responsible for discovering and reporting 
oil spills.  Balzhan Mukhambetaliyeva, Director of the MEP 
Environmental Regulation Department, highlighted that Kazakhstan 
lacks the emergency funds of other countries, but it has insurance. 
Although Kazakhstan planned to create a centralized 
oil-spill-response base, it abandoned the idea due to complaints by 
environmental non-governmental organizations.  Mukhambetaliyeva 
called for the establishment of a Caspian Littoral Monitoring Center 
in Atyrau. 
 
STATE MINISTRIES CALL FOR FUNDING AND REFORM 
 
¶8.  MEP's Mukhambetaliyeva also highlighted concerns regarding 1,485 
abandoned wells in Atyrau and Mangistau oblasts at the Caspian Sea. 
"Due to a risk of leakage, these abandoned wells endanger the 
ecosystem of the Caspian Sea," she said.  Even though the 
AtyrauMunaiGasGeology Company insulates approximately 10 wells a 
year, it lacks sufficient capacity and funds.  As a result, 
Mukhambetaliyeva estimates insulation of all abandoned wells will 
take 15 years.  MES's Tanabayev also expressed his concern about 
this issue, but was not as dramatic.  According to MEMR's 2004 
appraisal of wells, 90 abandoned wells require insulation, of which 
the state owns 48 wells and companies 42. 
 
¶9.  Murat Bekmagambetov, President of the Research Institute for 
Transportation and Communication, mentioned Norway's 
oil-spill-response base, which has equipment but no standing crew. 
The members of oil-spill-response teams, which train regularly, 
retain their permanent jobs.  However, the companies and Norwegian 
government agree on the availability of team members in case of an 
incident.  He recommended adoption of such a system in Kazakhstan. 
 
KAZAKHSTAN TO JOIN INTERNATIONAL OIL-SPILL-RESPONSE CONVENTIONS 
 
¶10.  Among the rules adopted by Kazakhstan, Yerlan Dzhumashev, 
Director of the Water Transportation Control Department at the MTC 
Transportation Control Committee, listed those of the MTC on the 
issuance of insurance certificates in case of an oil spill -- 
Kazmortransflot has such certificates -- and on ships' obligation to 
declare any incident.  The 1988 Convention for Efficient Technical 
Monitoring of Ships, which Kazakhstan joined, requires contingency 
plans for all ships.  According to Dzhumashev, some discrepancies 
exist in the laws, but amendments could address them.  In 
particular, Kazakhstan must amend the law to hold both crude and 
ship owners responsible. 
 
¶11.  Alexander Keltchewsky, OSCE Ambassador, mentioned the 2007 OSCE 
review of the environmental safety of maritime operations.  At 
multiple OSCE workshops, participants from MTC, MES, and MEP 
expressed Kazakhstan's willingness to join the IMO and other 
maritime conventions, such as the 1990 International Convention on 
Oil Pollution Preparedness, Response and Cooperation (OPRC), 1969 
International Convention on Civil Liability for Oil Pollution Damage 
(CLC), 1971 International Convention on the Establishment of an 
International Fund for Compensation for Oil Pollution Damage, and 
International Convention on Civil Liability for Bunker Oil Pollution 
Damage.  Bekmagambetov called for a comparison and assessment of 
local oil-spill-response plans for their compliance with 
international standards. 
 
JOINT OIL-SPILL-RESPONSE WITH OTHER CASPIAN SEA LITTORAL STATES 
 
¶12.  Peter Taylor of the Oil Spill Preparedness and Response 
Initiative (OSPRI) stressed the need for cooperation between the 
 
ASTANA 00002138  003.3 OF 003 
 
 
government and companies.  In existence for over five years in the 
Black and Caspian Seas, OSPRI brings together six Black Sea littoral 
states to tackle jointly oil spills.  They hold regional drills with 
companies.  The Committee for Environmental Protection (CEP) and 
International Maritime Organization (IMO) have organized seven 
regional seminars in 2001-2008 on Caspian Sea environmental 
cooperation.  The Caspian Sea littoral states almost agreed on the 
content of a regional plan, with signature of a protocol expected 
during the November 10-12 meeting of governmental experts in Astana. 
 However, because it was not finalized, approval of the protocol now 
is expected on January 25, 2010 in Moscow during the next meeting, 
with signature later in Astana.  Its implementation presupposes all 
five Caspian Sea littoral states will cooperate in case of an oil 
spill.  According to Patricia Charlebois, IMO expert, an efficient 
oil-spill response demands political will, appropriate legislation 
in compliance with international conventions, a national 
oil-spill-contingency plan, and good cooperation on local, regional, 
and national levels. 
 
¶13.  COMMENT:  According to the Director of Health, Safety, 
Security, and Environment for Shell Kazakhstan, more than 20 minor 
oil spills have occurred in the Caspian Sea in the last three years, 
although none involved fields or vessels operated by international 
oil companies.  A major oil spill in the Caspian would be an 
environmental disaster for the region's inhabitants and wildlife, as 
well as carry significant economic and political consequences.  An 
August decree gives the government the right to amend or change 
contracts if it determines that a subsoil user's actions could 
substantially change Kazakhstan's economic interests or threaten its 
national security.  Although the decree does not define the above 
terms, a major oil spill would certainly qualify, thus theoretically 
jeopardizing hundreds of millions of dollars of investments by U.S. 
and other international oil companies to develop offshore fields, 
such as Kashagan and Pearls.  International cooperation is therefore 
critical to provide Kazakhstan the expertise, equipment, and 
capability it needs to be able to respond to -- if not prevent -- a 
major oil spill in the Caspian.  END COMMENT. 
 
HOAGLAND