On approval of the Memorandum of Obligations of the Islamic Republic of Iran in order to obtain the status of a Member State of the Shanghai Cooperation Organization

Decree of the President of the Republic of Kazakhstan dated May 4, 2023 No. 210

In accordance with subparagraph 1) of Article 15 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

     1. To approve the attached Memorandum of Obligations of the Islamic Republic of Iran in order to obtain the status of a member State of the Shanghai Cooperation Organization, signed in Samarkand on September 16, 2022.

     2. This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on May 4, 2023 No. 210

Memorandum of Obligations of the Islamic Republic of Iran in order to obtain the status of a member State of the Shanghai Cooperation Organization

     The member States of the Shanghai Cooperation Organization, the Shanghai Cooperation Organization (hereinafter referred to as the SCO or the Organization) and the Islamic Republic of Iran, hereinafter referred to as the Parties,

     Reaffirming their commitment to the goals and principles enshrined in the Charter of the Shanghai Cooperation Organization of June 7, 2002 (hereinafter referred to as the Charter), and the provisions of the Treaty on Long-term Good-Neighborliness, Friendship and Cooperation of the Shanghai Cooperation Organization Member States of August 16, 2007 (hereinafter referred to as the Treaty), as well as other international treaties and documents adopted in within the framework of the SCO,

     Based on the Regulation on the Procedure for Admitting New Members to the Shanghai Cooperation Organization dated June 11, 2010 (hereinafter referred to as the Regulation) and Decision No. 19 of the Council of Heads of SCO Member States (hereinafter referred to as the CGG) dated September 17, 2021 on the commencement of the procedure for admitting the Islamic Republic of Iran to membership in the Shanghai Cooperation Organization,

     have agreed on the following:

Article 1 Status of the Memorandum

     This Memorandum is an international treaty and contains the obligations assumed by the Islamic Republic of Iran in order to obtain the status of an SCO member state.

Article 2 General obligations of the Islamic Republic of Iran

     The Islamic Republic of Iran undertakes to comply with the purposes and principles of the Charter, the provisions of the Treaty, as well as international treaties and documents adopted within the framework of the SCO.

Article 3adjustment of the Islamic Republic of Iran to international treaties within the SCO

     3.1. The Islamic Republic of Iran undertakes to accede to all international treaties and documents adopted within the framework of the SCO within the time limits provided for in this article.

     3.2. The Islamic Republic of Iran undertakes to accede to the Charter, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001 and the Protocols thereto no later than December 1, 2022, from the date of receipt by the SCO Secretariat of the notification on the implementation by the Islamic Republic of Iran of the internal procedures necessary for the entry into force of this Memorandum.

     3.3. After completing the procedures provided for in paragraph 3.2 of this Article, the Islamic Republic of Iran undertakes to accede, no later than January 15, 2023, to the international treaties within the SCO specified in Annex No. 1 to this Memorandum.

     3.4. Upon the fulfillment by the Islamic Republic of Iran of the obligations referred to in paragraphs 3.2 and 3.3 of this Article, and subject to the entry into force of this Memorandum, the Islamic Republic of Iran shall receive the right to accede to the international treaties specified in Annex No. 2 to this Memorandum. The Islamic Republic of Iran undertakes to join them no later than April 15, 2023.

     3.5. Accession to international treaties within the SCO is considered completed after the entry into force for the Islamic Republic of Iran of the international treaties referred to in paragraph 3.2 of this Article and Annexes 1 and 2 to this Memorandum. After that, the SGG, in accordance with the procedure established in the Regulations, decides on granting the status of an SCO member state to the Islamic Republic of Iran.

     3.6. In case of non-fulfillment by the Islamic Republic of Iran of its obligations regarding the deadlines for accession to international treaties referred to in paragraph 3.2 of this Article and Annexes 1 and 2 to this Memorandum, the Islamic Republic of Iran has the right only once to apply to the SCO Secretariat with a request for the possibility of revising the deadlines for accession. At the same time, the new deadlines for the Islamic Republic of Iran's accession to international treaties within the SCO should not exceed the original deadlines set out in paragraphs 3.2, 3.3 and 3.5 of this Memorandum. The Council of National Coordinators of the SCO Member States is preparing a recommendation to the Council of Ministers of Foreign Affairs of the SCO Member States (hereinafter referred to as the Council of Ministers of Foreign Affairs) on the request of the Islamic Republic of Iran. The SGG, on the recommendation of the Council of Foreign Ministers, makes an appropriate decision on this issue.

     3.7. Decisions of the SCO bodies taken before the Islamic Republic of Iran joined the Organization are valid for the Islamic Republic of Iran from the date of the decision of the SCO Council referred to in paragraph 3.5 of this Article.

Article 4financial aspects of joining the SCO

     4.1. The amount of the annual contribution of the Islamic Republic of Iran to the Organization's budget is determined on the basis of the principle of equity participation provided for in the SCO Charter and in accordance with the Agreement on the Procedure for the Formation and Execution of the SCO Budget dated December 1, 2017.

     4.2. The share contribution of the Islamic Republic of Iran to the SCO budget will amount to 5.8 percent. After the entry into force of this Memorandum, the annex to the Agreement on the Formation and Execution of the SCO Budget dated December 1, 2017, is amended and supplemented accordingly.

     4.3. The first contribution of the Islamic Republic of Iran to the budget of the Organization shall be made during the fiscal year following the year of entry into force of the amendments and additions referred to in paragraph 4.2 of this Article to the Agreement on the Procedure for the Formation and Execution of the SCO Budget dated December 1, 2017.

Article 5 Substitution of quota positions in permanent SCO bodies

     5.1. In accordance with the amount of the share contribution to the SCO budget, the Islamic Republic of Iran is allocated 4 full-time positions in the SCO permanent bodies (2 full-time units in the SCO Secretariat and 2 full-time units in the Executive Committee of the SCO Regional Anti-Terrorist Structure). The new structure and staffing table are approved by the decision of the Council of Heads of Government (Prime Ministers) of the SCO member States.

     5.2. The Islamic Republic of Iran sends its citizens to fill quota positions in the SCO permanent bodies in accordance with the approved staffing table after paying contributions to the Organization's budget.

Article 6statement or termination of the Memorandum

     6.1. In cases of violation by the Islamic Republic of Iran of its obligations to comply with the purposes and principles of the Charter or failure to comply with the obligations set forth in this Memorandum, the SCO member States and the SCO may suspend or terminate this Memorandum based on a decision of the Council of Europe and the Council of Foreign Ministers. Within 15 days from the date of the relevant decision, the SCO Secretariat shall notify the Islamic Republic of Iran and the SCO member States in writing of this decision. This Memorandum is suspended or becomes invalid after 30 days from the date of sending a written notification from the SCO Secretariat to the Islamic Republic of Iran.

     6.2. The decision to resume the operation of this Memorandum in the event of its suspension may be taken by the SCO member States and the SCO on the basis of the decision of the Council of Europe, adopted on the recommendation of the Foreign Ministry, at the request of the Islamic Republic of Iran. Within 15 days from the date of the relevant decision, the SCO Secretariat shall notify the Islamic Republic of Iran and the SCO member States in writing of this decision. This Memorandum is renewed after 30 days from the date of the written notification from the SCO Secretariat to the Islamic Republic of Iran.

Article 7 Final provisions

     7.1. This Memorandum shall enter into force 30 days after the date of receipt by the SCO Secretariat of the last written notification that the Islamic Republic of Iran and the SCO member States have completed the internal procedures necessary for its entry into force. The SCO Secretariat notifies the Parties of the received written notifications on the implementation of domestic procedures.

     This Memorandum, with the exception of the situation provided for in paragraph 3.6 of Article 3, as well as paragraph 4.2 of Article 4, paragraph 5.1 of Article 5, annexes 1 and 2 to this Memorandum, may not be amended or supplemented.

     7.2. Disputes and disagreements related to the application and/or interpretation of this Memorandum are resolved through consultations between the Parties.

     7.3. The SCO member States, on the basis of a decision of the SGG adopted on the recommendation of the Foreign Ministry, or the Islamic Republic of Iran, except as provided for in Article 6 of this Memorandum, may terminate this Memorandum by sending a written notification to the other Parties no later than 90 days before the expected termination date.

     7.4. In case of termination of this Memorandum, the Parties undertake to settle the obligations stipulated by this Memorandum.

     Done in Samarkand on September 16, 2022, in two original copies, each in Russian, Chinese and English, all texts being equally authentic.

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For the Republic of India, the Republic of Kazakhstan, the People's Republic of China, the Kyrgyz Republic, the Islamic Republic of Pakistan, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan

General Secretary of the Shanghai Cooperation Organization

For the Islamic Republic of Iran

APPENDIX 1 to the Memorandum of Obligations of the Islamic Republic of Iran in order to obtain the status of a member State of the Shanghai Cooperation Organization

List of international treaties in force under the SHOS1

     1. Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of June 7, 2002 (entered into force on November 14, 2003).

     2. Protocol on Amendments to the Agreement between the Member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of September 5, 2003 (entered into force on October 1, 2004).

     3. Agreement on Ensuring the Protection of Classified Information within the framework of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization dated June 17, 2004 (entered into force on November 19, 2015).

     4. Protocol on Amendments to the Agreement between the Member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of August 16, 2007 (entered into force on June 25, 2009).

     5. Memorandum between the Governments of the member States of the Shanghai Cooperation Organization on the main goals and directions of regional economic cooperation and the launch of a process to create favorable conditions in the field of trade and investment dated September 14, 2001 (entered into force on the date of signing).

     6. Protocol to the Memorandum between the Governments of the member States of the Shanghai Cooperation Organization on the main objectives and directions of regional economic cooperation and the launch of a process to create favorable conditions in the field of trade and investment dated September 14, 2001 (entered into force on the date of signature).

     7. Convention on Privileges and Immunities of the Shanghai Cooperation Organization of June 17, 2004 (entered into force on October 4, 2007).

     8. Agreement between the member States of the Shanghai Cooperation Organization on Cooperation in Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors dated June 17, 2004 (entered into force on August 16, 2007).

     9. Agreement on the Data Bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization dated June 17, 2004 (entered into force on April 11, 2007).

     10. Protocol on Cooperation and Coordination of Activities between the Ministries of Foreign Affairs of the Shanghai Cooperation Organization member States dated June 17, 2004 (entered into force on the date of its signing).

     11. Agreement on Cooperation in the field of identifying and Blocking Channels of Entry into the Territories of the member States of the Shanghai Cooperation Organization of Persons involved in Terrorist, Separatist and Extremist Activities dated June 15, 2006 (entered into force on November 6, 2008).

     12. Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the Shanghai Cooperation Organization Member States dated June 15, 2006 (entered into force on March 17, 2009).

     13. Agreement on the procedure for organizing and conducting Joint anti-terrorist Exercises by the member States of the Shanghai Cooperation Organization dated August 28, 2008 (entered into force on November 29, 2013).

     14. Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation in the Field of International Information Security dated June 16, 2009 (entered into force on June 2, 2011).

     15. Agreement on Personnel Training for Anti-terrorist Formations of the Shanghai Cooperation Organization member States dated June 16, 2009 (entered into force on September 13, 2011).

     16. The Shanghai Cooperation Organization Convention against Terrorism of June 16, 2009 (entered into force on January 14, 2012).

     17. Agreement between the Governments of the Shanghai Cooperation Organization member States on Creating Favorable Conditions for International Road Transport dated September 12, 2014 (entered into force on January 20, 2017).

     18. Agreement on the procedure for the formation and execution of the budget of the Shanghai Cooperation Organization dated December 1, 2017 (entered into force on February 26, 2018).

     19. The Shanghai Cooperation Organization Convention on Countering Extremism of June 9, 2017 (entered into force on May 10, 2019.

     ________________________________

     1 List 1 includes the SCO international treaties that are open for accession by the States parties to the SCO Charter of June 7, 2002, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, as well as those open for accession by any States.

APPENDIX 2 to the Memorandum of Commitment of the Islamic Republic of Iran in order to obtain the status of a member State of the Shanghai Cooperation Organization

List of international treaties in force under the SHOS1

     1. Agreement on Interbank Cooperation (Association) within the framework of the Shanghai Cooperation Organization dated October 26, 2005 (entered into force on the date of signing).

     2. Agreement on Technical Protection of Information in the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization dated June 15, 2006 (entered into force on September 5, 2015).

     3. Agreement between the Governments of the Shanghai Cooperation Organization Member States on Cooperation in Emergency Response Assistance dated October 26, 2005 (entered into force on July 24, 2007).

     4. Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation in the field of education dated June 15, 2006 (entered into force on January 30, 2008).

     5. Agreement between the member States of the Shanghai Cooperation Organization on Joint Military Exercises dated June 27, 2007 (entered into force on August 8, 2018).

     6. Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation in the Field of Culture dated August 16, 2007 (entered into force on April 24, 2014).

     7. Agreement between the Governments of the Shanghai Cooperation Organization Member States on Cooperation and Mutual Assistance in Customs Matters dated November 2, 2007 (entered into force on April 24, 2014).

     8. The Treaty on Long-term Good-Neighborliness, Friendship and Cooperation of the Shanghai Cooperation Organization Member States of August 16, 2007 (entered into force on October 31, 2012).

     9. Agreement on Cooperation between the Governments of the Shanghai Cooperation Organization Member States in Combating Illicit Trafficking in Weapons, Ammunition and Explosives dated August 28, 2008 (entered into force on May 3, 2010).

     10. Protocol between the Customs services of the Shanghai Cooperation Organization member States on the Exchange of Information in the Field of Control over the Movement of Energy Resources dated October 30, 2008 (entered into force on the date of signing).

     11. Protocol between the Customs services of the Shanghai Cooperation Organization member States on Cooperation in the Field of Training and Advanced Training of Customs Officials dated October 14, 2009 (entered into force on November 3, 2017).

     12. Agreement on Cooperation between the Governments of the Shanghai Cooperation Organization member States in Combating Crime dated June 11, 2010 (entered into force on January 11, 2012).

     13. Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation in the field of agriculture dated June 11, 2010 (entered into force on August 15, 2014).

     14. Agreement between the Governments of the Shanghai Cooperation Organization member States on cooperation in the field of healthcare dated June 15, 2011 (entered into force on May 14, 2020).

     15. Protocol on Cooperation between the Customs Services of the Shanghai Cooperation Organization member States in the Law Enforcement Field dated December 15, 2014 (entered into force on January 9, 2017).

     16. Protocol to the Agreement between the Governments of the Shanghai Cooperation Organization Member States on Cooperation in Emergency Response Assistance dated October 26, 2005, signed on December 5, 2012 (entered into force on March 14, 2015).

     17. Agreement between the Governments of the Shanghai Cooperation Organization member States on Scientific and Technical Cooperation dated September 13, 2013 (entered into force on October 20, 2015).

     18. The Agreement on Cooperation between the Ministries of Justice of the Shanghai Cooperation Organization member States dated August 18, 2015 (entered into force on the date of signing).

     19. Agreement on Cooperation and Cooperation between the member States of the Shanghai Cooperation Organization on Border Issues dated July 10, 2015 (entered into force on October 29, 2016).

     20. The Agreement on cooperation between the Ministries of Defense of the Shanghai Cooperation Organization member States dated April 24, 2018 (entered into force on the date of signing).

     21. Protocol on Amendments to the Agreement between the SCO member states on Joint Military Exercises dated June 27, 2007, signed on April 29, 2019 (entered into force on June 7, 2021).

     22. The Agreement between the authorized bodies of the Shanghai Cooperation Organization member States on cooperation in the field of physical culture and sports dated June 14, 2019 (entered into force on the date of signing).

     23. Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation in the Field of Mass Media dated June 14, 2019 (entered into force on November 28, 2021).

     24. The Agreement between the authorized bodies of the Shanghai Cooperation Organization member States on cooperation in the field of youth work dated September 17, 2021 (entered into force on the date of signing).

25. Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation in the Field of Protection of Cultural Heritage Sites dated September 17, 2021 (entered into force on the date of signature).

     ______________________________

     1 List 2 includes the SCO international treaties, which are open for accession by any SCO member State.

President    

Republic of Kazakhstan     

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