On ratification of the Convention on Privileges and Immunities of the Shanghai Cooperation Organization

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Law of the Republic of Kazakhstan dated December 15, 2005 No. 102

To ratify the Convention on Privileges and Immunities of the Shanghai Cooperation Organization, signed in Tashkent on June 17, 2004.

President of the Republic of Kazakhstan

CONVENTION on Privileges and Immunities Shanghai Cooperation Organization

Officially certified text

 The member States of the Shanghai Cooperation Organization (hereinafter referred to as the Parties), guided by the generally recognized principles and norms of international law, based on the provisions of Article 19 of the Charter of the Shanghai Cooperation Organization dated June 7, 2002, have agreed as follows:

Article 1

 For the purposes of this Convention, the following definitions mean: 1) "Charter" - the Charter of the Shanghai Cooperation Organization of June 7, 2002; 2) "SCO" or "Organization" - the Shanghai Cooperation Organization; 3) "Member State" - the SCO member State; 4) "host State" - the host Statea member on whose territory the headquarters of the SCO permanent body or its branch is located; 5) "SCO permanent bodies" - the SCO Secretariat and the SCO RATS; 6) "Secretariat" - the SCO Secretariat, which is a permanent administrative body of the SCO; 7) "RATS" - the SCO Regional Anti-Terrorist Structure, which is a permanent body of the SCO; 8) "Council of RATS" - the body of the RATS; 9) "Executive Committee" - the body of the RATS; 10) "Executive Secretary" - SCO Executive Secretary; 11) "Director" - the Director of the Executive Committee of the RATS; 12) "officials" - persons sent by the Parties to work in the permanent bodies of the SCO and appointed to the appropriate staff positions; 13) "permanent representative" - the permanent representative of a member State to the SCO Secretariat; 14) "representatives of member States" - heads of delegations, their deputies, delegates, advisers, technical experts and secretaries of delegations sent by Member States to meetings and events held within the Organization; 15) "experts in on business trips for the Organization" - experts other than officials who carry out SCO assignments; 16) "family members" - spouse and children under the age of 18 who live with them; 17) "premises" - buildings or parts of buildings of permanent SCO bodies intended for official use, regardless of the form and ownership of them, including the land plot serving this building or part of the building.

I. Privileges and immunities of the SCO

Article 2

 1. The SCO has international legal standing. It enjoys in the territory of each Member State such legal capacity as is necessary for the realization of its goals and objectives. 2. The SCO enjoys the rights of a legal entity and can, in particular: - conclude contracts; - acquire, lease, alienate and dispose of movable and immovable property; - open bank accounts and conduct transactions with funds in any currency; - act in courts as a plaintiff or defendant. 3. The rights provided for in this article are exercised on behalf of the Secretariat and the Executive Committee by the Executive Secretary and the Director, respectively.

Article 3

 1. The SCO, its property and assets shall enjoy immunity from any form of administrative or judicial interference, except in cases where the Organization itself waives immunity. No waiver of immunity applies to judicial and executive measures. 2. The premises and vehicles of the permanent SCO bodies, as well as their archives and documents, including official correspondence, regardless of their location, enjoy immunity from search, requisition, confiscation, seizure and other enforcement actions. 3. Representatives of the relevant authorities and administration of the host State may not enter the premises of the SCO permanent bodies except with the consent and on conditions approved by the Executive Secretary or Director, or officials acting in their place. 4. Execution of any actions by decision of the relevant authorities and administration of the host state may take place in the premises of the SCO permanent bodies only with the consent of the Executive Secretary or Director, or officials acting in their place. 5. The premises and vehicles of the permanent SCO bodies cannot serve as a refuge for persons who are being prosecuted under the laws of any of the member States or are subject to extradition to any of the member States or to a third State. 6. The premises and vehicles of the permanent SCO Bodies may not be used for purposes incompatible with the functions and objectives of the SCO or detrimental to the security and interests of the Parties. 7. The host State shall take appropriate measures to protect the premises of the permanent SCO bodies from any intrusion or damage. 8. The Council of Heads of SCO Member States may, on behalf of the Organization, explicitly waive the privileges and immunities granted by the SCO.

Article 4

 The SCO, its assets, income and other property: - are exempt from all direct taxes and fees, value added tax (including in the form of a refund in accordance with the regulatory legal acts of the relevant member State) levied on the territories of the member States, with the exception of those that are payment for specific types of services (services); - exempt from customs duties and other payments, import and export prohibitions and restrictions on the import and export of items for official use by the Organization. Items imported as an exception to the general rules will not be sold in the Member State into whose territory they were imported, except on terms agreed with the Government of that Member State; - are exempt from customs duties and other payments, import and export prohibitions and restrictions on the import and export of their own publications.

Article 5

 1. For its official means of communication, the SCO enjoys no less favorable conditions on the territory of each member State than those provided by this State to diplomatic missions of foreign states. 2. The SCO has the right to use ciphers, courier and other types of communication that ensure the confidentiality of information transmission, to receive and send correspondence through couriers or bags, which enjoy the same privileges and immunities as diplomatic couriers and bags. 3. All places that make up official correspondence must have visible external signs indicating their nature, contain only official correspondence and items intended for official use, the movement of which requires confidentiality. 4. The courier must be provided with an official document indicating his status and the number of items that make up official correspondence.

Article 6

 The SCO may place the Organization's flag, emblem and other symbols on the premises it occupies and on vehicles used for official purposes.

Article 7

 An organization may, in accordance with its goals and objectives, publish and distribute printed materials.

Article 8

 The SCO member States assist in obtaining the premises necessary for the performance of its functions.

Article 9

 The SCO cooperates with the relevant authorities and administrations of the member States in order to ensure the proper administration of justice and compliance with the instructions of law enforcement agencies, as well as to prevent any abuses in connection with the privileges and immunities provided for in this Convention.

II. Privileges and immunities of officials

Article 10

 1. The officials of the SCO permanent bodies are international employees. 2. In the performance of their official duties, they should not seek or receive instructions from any Member State and/or Government, organization or individual. 3. Each Party undertakes to strictly respect the international character of the functions of officials and not to influence them in the performance of their official duties.

Article 11

Officials in the territory of the Member States: 1) are not subject to criminal, civil and administrative liability for what they have said or written and for all actions committed by them as officials, with the exception of: - claims for damages in connection with a road traffic accident caused by a vehicle belonging to an Organization or official, or managed by him; - claims for damages in connection with death or bodily injury caused by an action on the part of an official; 2) are exempt from taxes on wages and other remuneration paid by the Organization; 3) are exempt from state duties; 4) are exempt, together with their family members, from immigration restrictions and from registration as foreigners; 5) in the field of foreign exchange transactions enjoy the same privileges that are granted to diplomatic agents in the territories of the Member States.6) enjoy, together with their family members, the same repatriation benefits enjoyed by diplomatic agents during international crises; 7) upon initial occupation of a position and departure from the host state in connection with the termination of the contract, they have the right to import/export property, including a motor vehicle intended for their personal use, in accordance with the regulatory legal acts of the host state, with the exception of those that are payment for specific types of services (services).

Article 12

 In addition to the privileges and immunities provided for in article 11 of this Convention, the Executive Secretary, the Director and their deputies, as well as members of their families, shall enjoy other privileges and immunities granted under international law to diplomatic agents and members of their families.

Article 13

 Officials may not engage in commercial or any other activity in the interests of personal gain or the benefit of others.

Article 14

 1. Officials and members of their families shall enjoy the privileges and immunities provided for in this Convention from the moment they enter the territory of the receiving State on their way to their destination or, if they are already in that territory, from the moment the officials assume their duties. 2. Upon termination of the functions of an official, his privileges and immunities, as well as those of his family members who are not nationals of the receiving State, shall terminate at the time the person leaves the receiving State or after a reasonable period has elapsed in order to do so. The privileges and immunities of family members shall cease when they cease to be such, however, with the proviso that if such persons intend to leave the receiving State within a reasonable period of time, their privileges and immunities shall remain until the moment of their departure. 3. In the event of the death of an official, his family members shall continue to enjoy the privileges and immunities granted to them until they leave the receiving State or until a reasonable period of time has expired for leaving the receiving State.

Article 15

 1. The privileges and immunities enjoyed by officials are granted to them not for personal gain, but for the effective, independent performance of their official functions in the interests of the Organization. 2. The right to waive immunity in respect of the Executive Secretary belongs to the Council of Heads of the SCO Member States upon the recommendation of the Council of Ministers of Foreign Affairs of the SCO Member States. 3. The right to waive immunity in respect of the Director and his deputies belongs to the Council of Heads of the SCO Member States upon the recommendation of the Council of the RATS. 4. The right to waive immunity in respect of Deputy Executive Secretaries belongs to the Council of Foreign Ministers of the SCO Member States upon the recommendation of the Council of National Coordinators of the SCO Member States. 5. The right to waive immunity in respect of other officials of the Secretariat belongs to the Executive Secretary with the consent of the Council of National Coordinators of the SCO Member States, and officials of the Executive Committee - to the Director with the consent of the Council of RATS. 6. The waiver of immunity must be clearly expressed.

Article 16

 Visas for officials are issued on an expedited basis and free of charge if there is a letter of invitation to take up a position or a business trip order.

III. Experts on business trips for the Organization

Article 17

 1. Experts (other than officials) who carry out SCO assignments enjoy such privileges and immunities as are necessary for the independent performance of their functions during business trips, including time spent on travel in connection with business trips. In particular, they are granted: - immunity from personal arrest or detention and from seizure of their personal baggage; - exemption from criminal, civil and administrative liability in respect of everything they have said or written and committed in the performance of their official duties. This immunity continues to be granted even after the persons concerned are no longer on a business trip for the Organization; - inviolability of all papers and documents; - the right to use a cipher, receive and send papers or correspondence through couriers or bags for communication with the Organization; - the same benefits regarding restrictions on the exchange of money or currencies that are provided to representatives of foreign governments who are on temporary business trips.; - The same immunities and facilities in respect of their personal baggage as are provided to diplomatic representatives. 2. Privileges and immunities are granted to experts in the interests of the SCO, and not for the personal benefit of experts. 3. The right to waive immunity in respect of experts carrying out SCO assignments belongs to the Executive Secretary with the consent of the Council of National Coordinators and the Director with the consent of the Council of RATS, respectively. 4. The waiver of immunity must be clearly expressed.

IV. Privileges and immunities of representatives of the Member States

Article 18

 1. Representatives of the member States, in the performance of their official duties and while traveling to and from the venue of events organized by the SCO in the member States, are granted the following privileges and immunities: 1) immunity from personal arrest or detention and from seizure of personal baggage, as well as exemption from criminal, civil and administrative liability for the said or written by them and for all actions committed by them as representatives; 2) the inviolability of all papers and documents; 3) the right to use a cipher, receive and send papers or correspondence by couriers and bags; 4) exemption of themselves and their spouses from restrictions on immigration, registration of foreigners or state service in the country in which they temporarily stay or through which they pass in the performance of their official duties; 5) those the same benefits regarding restrictions on the exchange of money or currency that are provided to representatives of foreign Governments on temporary business trips; 6) the same immunities and facilities in respect of their personal baggage as are granted to diplomatic representatives; 7) other privileges, immunities and facilities, not contrary to the foregoing, enjoyed by diplomatic representatives, with the exception of the right to claim exemption from customs duties on imported goods (not forming part of their personal baggage) or from excise duties or sales fees. 2. In order to ensure full freedom of speech and independence in the performance of their official duties, representatives of the Member States of the Organization are exempt from criminal, civil and administrative liability in relation to what they have said or written, as well as in relation to all actions committed by them in the performance of their official duties. This immunity continues to be granted even after the persons concerned are no longer Representatives of the Member States. 3. When the taxation of any form of taxes depends on the time of residence, the period during which representatives of Member States attend meetings in a Member State to perform their duties is not counted towards the period of residence. 4. Privileges and immunities are granted to representatives of the Organization's member States not for the personal benefit of individuals, but in order to ensure that they independently perform their functions related to their work in the SCO. A Member State of the Organization not only has the right, but also the obligation to waive the immunity of its representative in any case where, in its opinion, the immunity impedes the administration of justice, and such a waiver can be made without prejudice to the purpose for which the immunity was granted. 5. The provisions of paragraphs 1, 2 and 3 of this article shall not apply to the relationship between a representative and the authorities of the State of which he is a national or of which he is or has been a representative.

V. Permanent Representatives

Article 19

 The Member States, in accordance with their internal rules and procedures, appoint their permanent Representatives to the Secretariat, who will be part of the diplomatic staff of the embassies of the Member States in the host State of the Secretariat. Permanent representatives shall enjoy privileges and immunities to the extent provided for a diplomatic agent in the receiving State.

VI. Final provisions

Article 20

 All persons enjoying privileges and immunities under this Convention are obliged, without prejudice to their privileges and immunities, to respect the laws of the Member States and not to interfere in the internal affairs of those States.

Article 21

 In the event of disputes and disagreements related to the application or interpretation of the provisions of this Convention, the Parties concerned will resolve them through consultations and negotiations.

Article 22

 This Convention does not limit the rights of the Parties to conclude other international treaties on matters that are the subject of this Convention and do not contradict its purposes and object, nor does it affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 23

 1. This Convention is concluded for an indefinite period. 2. This Convention is subject to ratification by the signatory States and shall enter into force on the thirtieth day after the date of deposit of the last instrument of ratification with the depositary. 3. This Convention is temporarily applied by the Parties from the date of its signing.

Article 24

 1. This Convention is open for accession by any State joining the SCO in accordance with Article 13 of the Charter. 2. For the acceding State, this Convention shall enter into force on the thirtieth day after the date of deposit of the instrument of accession with the depositary.

Article 25

 This Convention remains in force for each member State as long as that member State remains a member of the SCO.

Article 26

 This Convention may be amended and supplemented by separate protocols, which are integral parts of this Convention. Amendments and additions may be proposed by either Party by sending an appropriate notification to the depositary, who will forward the proposed amendments and additions for consideration by the other Parties. Protocols on amendments and additions may be temporarily applied by mutual agreement of the Parties and enter into force in accordance with the procedure established for this Convention.

Article 27

 This Convention, in accordance with Article 102 of the Charter of the United Nations, is subject to registration with the United Nations Secretariat.

 Done in Tashkent on June 17, 2004, in one original copy in the Russian and Chinese languages, both texts being equally authentic. The depositary of this Convention is the Secretariat, which will send a certified copy to the Parties.

 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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