On signing an agreement on personnel training for anti-terrorist formations of the Shanghai Cooperation Organization Member States
Decree of the President of the Republic of Kazakhstan dated June 11, 2009 No. 823
I DECREE:
1. To approve the attached draft Agreement on Personnel Training for Anti-terrorist Formations of the Shanghai Cooperation Organization Member States.
2. To authorize the Chairman of the National Security Committee of the Republic of Kazakhstan, Amangeldy Smagulovich Shabdarbayev, to sign on behalf of the Republic of Kazakhstan an Agreement on training personnel for anti-terrorist formations of the Shanghai Cooperation Organization member States with the right to make amendments and additions to it that are not of a fundamental nature.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED
By Decree of the President of the Republic of Kazakhstan
Dated June 11, 2009 No. 823
DRAFT AGREEMENT
on personnel training for anti-terrorist formations of the Shanghai Cooperation Organization member States
The member States of the Shanghai Cooperation Organization, hereinafter referred to as the Parties, guided by the Charter of the Shanghai Cooperation Organization of June 7, 2002, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of June 7, 2002 and the Concept of Cooperation of the Member Statesmembers of the Shanghai Cooperation Organization in Combating Terrorism, Separatism and Extremism on July 5, 2005, taking into account, That cooperation between the Parties in the field of training personnel for anti-terrorist formations of the Shanghai Cooperation Organization member States is important for improving the effectiveness of the fight against terrorism, in order to ensure effective training for anti-terrorist formations of the Shanghai Cooperation Organization member States, guided by national legislation and generally recognized norms of international law, agreed as follows:
Articles 1
For the purposes of this Agreement, the concepts used in it mean: anti-terrorist formations - groups of specialists formed by each Party in accordance with its legislation to conduct anti-terrorist activities; personnel - specialists and instructors serving in the anti-terrorist formation of the requesting Party; trainee - a person undergoing training; teacher - a person who transfers knowledge and skills to the trainee both experienced and qualified; training - training in professional educational programs for professional retraining, advanced training or vocational training without improving the educational level of the student; the requested Party is the Party to which a request is made for assistance in training its personnel; the requesting Party is the Party that requests assistance in training its personnel; the receiving Party is the Party, on the territory of which personnel training is conducted; The sending Party is the Party that sends its personnel for training to the territory of the receiving Party; The transit Party is the Party through whose territory trainees and/or teachers, as well as support materials, are transported to the training site and back; educational units are educational institutions, training centers, structural units that carry out training in accordance with the established procedure. personnel; support materials - teaching aids, classroom supplies, laboratory equipment, weapons, military and special equipment, technical means of practical training, as well as consumables and other equipment necessary for training personnel in accordance with curricula and curricula; The Program is a three-year training program for personnel of anti-terrorist formations of the Shanghai Cooperation Organization member States, developed by the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.
Article 2
The training of personnel of the Parties is carried out by the competent authorities of the Parties with the assistance and coordination of the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization in order to: improve practical knowledge and skills in the field of combating terrorism; master modern tactical techniques for conducting special anti-terrorist activities, including joint ones; increase the level of individual special training; exchange experience in the activities of anti-terrorist formations.
Article 3
Personnel training is carried out in the educational units of the receiving Party or by sending teachers of the requested Party to the territory of the requesting Party. By agreement, the Parties may send their staff for internships to the structural units of the competent authorities of the host Country.
Article 4
Personnel training is carried out in accordance with the Program approved by the Decision of the Council of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, and/or within the framework of bilateral agreements. Financing of personnel training costs is carried out on the basis of agreements (agreements) between the competent authorities of the receiving and sending Parties.
Article 5
The competent authorities of the Parties, no later than February 1 of the year preceding the year of training, send to the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization a request for the organization of training of their personnel, which indicates the number of trainees in a particular specialty, possible dates of training and /or the number of teachers, the duration of their secondment, the topics of classes, as well as other information related to the preparation. The request is signed by the head of the competent authority of the Party or a person acting in his place, and/or certified by the stamp of this authority.
Article 6
The competent authorities of the Parties shall, no later than February 1 of the year preceding the year of training, inform the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization about training programs and training organization plans; subjects and content of training; requirements for trainees; number of trainees; dates and timing of training; cost estimates; methods, conditions of arrival of trainees at the training site and their departures.
Article 7
The Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, in accordance with the established procedure, on the basis of requests and proposals received from the Parties, prepares and distributes proposals on available training opportunities and estimated costs for these purposes by March 1 of the year preceding the training year.
Article 8
The Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization facilitates and coordinates: sending information to the competent authorities of the requesting Parties on the conditions for organizing and conducting training by the requested Party, as well as transmitting applications from the competent authorities of the requesting Parties to the requested Party; coordinating with the competent authorities of the Parties the time and place of training, the subjects taught and their content, the number of trainees, cost estimates and other issues; actions of the competent authorities of the requested and requesting Parties in case of disagreements and disputes during the approval process.
Article 9
A training contract (agreement) is concluded between the competent authority of the sending Party and the relevant educational unit of the competent authority of the receiving Party before December 1 of the year preceding the year of study. The contract (agreement) reflects: 1) the name of the curriculum and / or curriculum; 2) the timing of training; 3) the number of trainees and / or teachers; 4) requirements for trainees; 5) conditions for providing trainees and / or teachers: a) teachers (for trainees); (b) The materials necessary for training personnel in accordance with curricula and curricula; (c) the use of libraries, reading rooms and sports halls, and other facilities and territories necessary for training personnel; (d) Translation services; (e) Medical care; (f) transportation for educational purposes; (g) living quarters and 6) conditions of travel of trainees and/or teachers to the place of training and back; 7) the procedure for processing documents for entry / exit and stay of trainees and / or teachers of the sending Party in the territory of the receiving Party; 8) the procedure, terms and conditions of payment for training; 9) grounds for early expulsion of the trainee; 10) life and health insurance of trainees of the sending Party and teachers of the receiving Party; 11) the procedure for dispute resolution; 12) other necessary details.
Article 10
Upon completion of the training, students who have fully mastered the curriculum are issued training documents by the training units.
Article 11
After the end of the training contract, the competent authorities of the sending and receiving Parties inform the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization about the results of the training with their conclusions and proposals. At the end of the year, the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization summarizes the received materials and informs the competent authorities of the Parties in accordance with the established procedure.
Article 12
The movement across state borders, as well as transit through the territory of the Parties of security materials necessary for the training of trainees, is carried out on the basis of a list of security materials agreed upon by the competent authorities of the Parties concerned, which are exempt from customs duties and other payments, are not subject to inspection, seizure and confiscation. When moving across state borders, as well as transit through the territory of the Parties, the Parties contribute to the accelerated implementation of the relevant procedures established by their legislation.
Article 13
The Parties shall provide mutual assistance in the preparation of relevant documents for students and teachers of the sending Party to cross the state borders of the Parties.
Article 14
Trainees and/or teachers of the sending Party, during the preparation period and traveling to the training site and back, comply with the laws and respect the customs of the receiving Party, as well as the Transit Party.
Article 15
The receiving Party and the Transit Party respect the legal status of the trainees and teachers of the sending Party.
Article 16
In case of damage to an individual or legal entity or to the host Party itself by a student or teacher of the sending Party, this damage is compensated by the sending Party in accordance with the legislation of the receiving Party. Damage caused to the life and health of trainees or teachers of the sending Party during training is compensated by the receiving Party in accordance with the procedure provided for by its legislation in relation to its citizens. The sending Party waives any claims against the receiving Party, including with respect to compensation for damage related to death, bodily injury, or any other damage caused to the life, health, and property of the students or teachers of the sending Party during their stay in the territory of the receiving Party, if such damage is caused by the fault of the student himself or the teacher of the sending Party during the preparation. At the same time, students, teachers and their family members retain the full benefits, guarantees and compensations established by their legislation.
Article 17
In cases not provided for in Article 16 of this Agreement, damage caused to the life and health of trainees and teachers in the territory of the host Party shall be compensated by agreement between the Parties concerned.
Article 18
The procedure for reimbursement of expenses incurred by the receiving Party, including expenses related to the loss, complete or partial destruction of training and support materials, is established by agreement between the Parties concerned. The procedure for reimbursement of expenses incurred by the sending Party, including expenses related to the loss, complete or partial destruction of imported special equipment and support materials, is established by agreement between the Parties concerned.
Article 19
The Parties resolve disputes in connection with the interpretation or application of the provisions of this Agreement through consultations and negotiations.
Article 20
This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.
Article 21
When carrying out cooperation under this Agreement, the Parties use Russian and Chinese as working languages.
Article 22
With the consent of the Parties, amendments and additions may be made to this Agreement, which are drawn up in the form of protocols and are an integral part of this Agreement.
Article 23
The Parties, within thirty days after completing the internal procedures necessary for the entry into force of this Agreement, notify the depositary of this Agreement in writing about the competent authorities responsible for the implementation of this Agreement. In the event of a change in the competent authorities and/or their names, the Parties shall inform the depositary of this Agreement within fifteen days. The competent authority of the Shanghai Cooperation Organization responsible for the implementation of this Agreement is the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.
Article 24
The depositary of this Agreement is the Secretariat of the Shanghai Cooperation Organization, which, within fifteen days from the date of signing this Agreement, shall send certified copies thereof to the Parties. The Depositary, within fifteen days from the date of receipt of the notification from the Party about its competent authorities responsible for the implementation of this Agreement, shall inform the other Parties about it.
Article 25
This Agreement is concluded for the duration of the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001 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. 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. The termination of the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001 in respect of a Party shall entail the automatic termination of this Agreement for it.
Committed in the city ____________________ in a single copy in the Chinese and Russian languages, both texts being equally authentic.
For the Republic of Kazakhstan
For the People's Republic of China
For the Kyrgyz Republic
For the Russian Federation
For the Republic of Tajikistan
For the Republic of Uzbekistan
President
Republic of Kazakhstan
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