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Home / Decree / On signing the Agreement on the Data Bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization

On signing the Agreement on the Data Bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On signing the Agreement on the Data Bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization

Decree of the President of the Republic of Kazakhstan dated June 16, 2004 No. 1397

  I decree:

     1. To approve the draft Agreement on the data bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.

     2. To sign an agreement on the data bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.

     3. This Decree comes into force from the date of signing.

     President of the Republic of Kazakhstan

Approved        By Decree of the President of the Republic of Kazakhstan dated June 16, 2004 No. 1397

Draft Agreement on the data bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization

     The member States of the Shanghai Cooperation Organization, which are parties to the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, hereinafter referred to as the Parties, guided by By the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of June 7, 2002, striving to ensure appropriate conditions for the effective operation of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization (hereinafter - Regional Anti-Terrorist Structure), agreed on the following:

Article 1

     In order to ensure information interaction between specially authorized bodies of the Parties and to increase its level, as well as to provide the Parties with information on issues within the competence of the Regional Anti-Terrorist Structure, the Parties shall establish a database of the Regional Anti-Terrorist Structure (hereinafter referred to as the Executive Committee) in the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization (hereinafter referred to as the Executive Committee) and use the available information. it contains information.      The database operates on the basis of an automated information system using computer technology, as well as through the accumulation of documentary materials on hard (paper) and other media.

Article 2

     The Parties shall identify specially authorized bodies that cooperate on issues related to the functioning of the database, and notify the Executive Committee in writing within sixty days after completing the internal procedures necessary for the entry into force of this Agreement.      In case of replacement of a specially authorized body, a written notification of this is sent to the Executive Committee within ten days.      The information contained in the database is divided into secret and unclassified.      Access to classified information is provided only to the Parties who are Participants Agreements on the protection of classified information in the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.      The structure of the database, the procedure for handling unclassified information and access to it are determined by the Council of the Regional Anti-Terrorist Structure.      Issues related to the technical protection of information contained in the database are regulated by a separate Agreement.

Article 3

     The database is formed from information related to the competence of the Regional Anti-Terrorist Structure and received from specially authorized bodies of the Parties, as well as from bodies of the Shanghai Cooperation Organization and other sources, including mass media, print media, telecommunications systems and the international computer network Internet.      The database accumulates information on international terrorist, separatist and extremist organizations, their structure, forms and methods of activity, leaders, participants and other persons involved in these organizations, as well as on the sources and channels of financing these organizations, including illicit trafficking in narcotic drugs, psychotropic substances and their precursors; on the status, dynamics of and trends in the spread of terrorism, separatism and extremism;      on organizations and persons providing support to terrorist, separatist and extremist organizations; on measures to counter terrorism, separatism and extremism; on the national legislation of the Parties, including regulating the activities of competent authorities cooperating with the Regional Anti-Terrorist Structure; on committed terrorist acts, forms and methods of their implementation;      about explosive devices (components of explosive materials), weapons, ammunition, toxic and other substances used in the commission of terrorist acts.

Article 4

     In order to obtain information for the database, the Executive Committee may send requests to one or more specially authorized bodies, either on the initiative of any of them or on its own initiative.      The Executive Committee, upon relevant requests from specially authorized bodies, provides the necessary information available in the database within thirty days.      The Executive Committee sends a register of information and materials available in the database to specially authorized bodies on a quarterly basis.      The procedure for executing requests from the Executive Committee for information is regulated by the national legislation of the executing Party. The deadline for executing requests should not exceed thirty days.      Requests are executed in the languages specified in Article 7 of this Agreement.      Specially authorized bodies send information to the database as it becomes available, and ensure that it is as complete and reliable as possible. The information provided is used by specially authorized bodies without prejudice to the interests of the Parties and the Regional Anti-Terrorist Structure.

Article 5

     The Executive Committee provides organizational and technical support for the operation of the database, including:      management and operation of the data bank; development and implementation of instructions on the procedure for accessing the data bank, its operation, handling information media for the data bank and information protection, which are approved by the Council of the Regional Anti-Terrorist Structure; information protection and control over information exchange within the data bank.

Article 6

     Expenses related to the creation, operation, and development of the database, as well as the implementation of measures to protect the information contained therein, are funded from the budget of the Shanghai Cooperation Organization for the activities of the Regional Anti-Terrorist Structure.

Article 7

     The database can be created in Russian and Chinese.

Article 8

     This Agreement may, with the consent of the Parties, be amended in the form of protocols, which are integral parts of this Agreement and enter into force in accordance with the Procedure established by Article 10 of this Agreement.

Article 9

     Disputes arising from the interpretation or application of this Agreement shall be resolved through consultations and negotiations between the Parties concerned.

Article 10

     This Agreement is concluded for an indefinite period and enters into force on the thirtieth day after the date of receipt by the depositary of the fourth written notification on the completion by the Parties of the internal procedures necessary for the entry into force of this Agreement.      The Secretariat of the Shanghai Cooperation Organization is the depositary of this Agreement.      This Agreement is open for accession by States that are parties to the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001. For the acceding State, this Agreement shall enter into force on the thirtieth day after the date of receipt by the depositary of the instrument of its accession.      Either Party may withdraw from this Agreement by sending a written notification to the depositary twelve months before the expected withdrawal date. The Depositary shall notify the Parties of the said intention within thirty days from the date of receipt of the notification of withdrawal.       Committed in ______ "__"_____ 200_ in one original copy in Russian and Chinese, both texts being equally authentic.

     For the Republic of Kazakhstan

     For the Kyrgyz Republic

     For the People's Republic of China

     For the Russian Federation

     For the Republic of Tajikistan

     For the Republic of Uzbekistan

 

 

 

 

 

President    

Republic of Kazakhstan     

 

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