On Ratification of the Protocol on Amendments and Additions to the Agreement on the Legal Status of the Collective Security Treaty Organization of October 7, 2002

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Law of the Republic of Kazakhstan dated October 24, 2008 No. 74-IV

To ratify the Protocol on Amendments and Additions to the Agreement on the Legal Status of the Collective Security Treaty Organization dated October 7, 2002, signed in Dushanbe on October 6, 2007.

President of the Republic of Kazakhstan N. Nazarbayev

PROTOCOL on Amendments and Additions to the Agreements on the Legal Status of the Collective Security Treaty Organization on October 7, 2002

The member States of the Collective Security Treaty Organization, hereinafter referred to as the Parties, in an effort to improve the effectiveness of the Collective Security Treaty Organization (hereinafter referred to as the - The Organization), aware of the importance of providing the necessary conditions for the activities of the permanent working bodies of the Organization and Authorized Representatives to the Organization, taking into account the Vienna Convention on Diplomatic Relations of April 18, 1961, based on the Charter of the Collective Security Treaty Organization of October 7, 2002, in accordance with article 35 of the Agreement on the Legal Status of the Collective Security Treaty Organization. Collective Security Agreement of October 7, 2002 (hereinafter referred to as the Agreement), agreed on the following:

1. To make the following changes and additions to the Agreement: 1.1. The seventh paragraph of Article 1 after the words "conducted within the framework of the Organization" should be supplemented with the words ", with the exception of Authorized Representatives of the Member States to the Organization". 1.2. Add paragraphs eight, nine, ten, eleventh, twelfth, thirteenth, fourteenth and fifteenth to article 1 after the seventh paragraph as follows: "Plenipotentiary representative to the Organization" (hereinafter referred to as the Plenipotentiary) is a representative appointed by a Member State of the Organization in accordance with its national legislation, endowed by the sending State with the necessary powers to work on issues of the Organization and to serve on the Permanent Council established in accordance with Chapter IV of the Charter of the Organization.; "permanent mission of a Member State to an Organization" (Representative Office) - a permanent mission headed by a Plenipotentiary sent by a Member State of the Organization to represent its interests in the Organization; "premises of the Representative Office" - buildings or parts thereof used for the purposes of representation, including the residence of the head of the representative office, as well as related land plots, to whom whoever owns the right of ownership to them; "employees of the Representative Office" - the Representative Representative and members of the staff of the Representative Office; "members of the staff of the Mission" - members of the diplomatic staff, administrative and technical staff and service staff of the Mission; "members of the diplomatic staff" - members of the staff of the Mission, having a diplomatic rank; "members of the administrative and technical staff" - members of the staff of the Mission, performing administrative and technical services of the mission; "members of the service staff" - members of the staff Representative offices that perform the duties of servicing the Representative Office;". Paragraphs eight, nine, ten, eleventh, twelfth and thirteenth are considered paragraphs sixteen, seventeenth, eighteenth, nineteenth, twentieth and twenty-first, respectively. Paragraph 21 of article 1 should be worded as follows: "family members" means the spouse, minor children, and dependents of the Secretary General, Envoys, and other staff of Representative Offices, officials, and employees of the Organization. 1.3. Add a new article 91 to section I as follows::

"Article 91

The provisions of this Agreement establishing the privileges and immunities of the Organization shall apply to the Joint Headquarters of the Organization.". 1.4. Add a new article 211 to section II as follows:

"Article 211

The provisions of this Agreement, which establish the privileges and immunities of officials and employees of the Organization, apply mutatis mutandis to military personnel and civilian personnel of the Joint Staff of the Organization." 1.5. Add a new Section III to the Agreement as follows:

"III. Privileges and immunities Representative offices and employees of the Representative Office

Article 22

Member States may establish Permanent Representations at the Organization (Representative Offices).

Article 23

The Representative Office, in addition to the Plenipotentiary who performs the functions of the head of the Representative Office, may include employees of the Representative Office.

Article 24

Missions, Envoys and other staff of the mission - members of the diplomatic staff of the mission, members of the administrative, technical and service staff, as well as members of their families, enjoy privileges and immunities to the extent granted respectively to the diplomatic missions of States, diplomatic agents, administrative, technical and service personnel of diplomatic missions and members of their families within the meaning of the Vienna Convention on diplomatic relations dated April 18, 1961.

Article 25

The Representative Office has the right to place the flag and emblem of the sending State and Organization on its premises. In exercising the right provided for in this article, the laws, regulations and customs of the receiving State shall be taken into account.

Article 26

The receiving State shall assist the sending State in obtaining or acquiring the premises necessary for the Mission at the expense of the sending State.

Article 27

The sending State shall notify the Secretariat and the receiving State: a) the appointment of the Plenipotentiary, other staff of the Mission, their positions and ranks, their arrival and final departure, or the termination of their functions at the Mission, as well as any other changes affecting their status that may occur during their service at the Mission; b) the arrival and final departure of any person who is a family member of the Plenipotentiary or other Representative Office employee and lives with him, and, where appropriate, that a person becomes or ceases to be such a family member; c) the commencement and termination of work in the Office of administrative, technical and maintenance personnel; d) the location of the premises enjoying inviolability in accordance with article 38 of the Agreement, as well as any other data that may be necessary to identify such premises.

Article 28

1. Every person entitled to privileges and immunities in accordance with this Agreement shall enjoy them from the moment he enters the territory of the receiving State on his way to take up his post or, if this person is already in that territory, from the moment when his appointment is notified to the receiving State by the Organization or the sending State. If the functions of a person enjoying privileges and immunities are terminated, his privileges and immunities usually terminate at the moment when that person leaves the territory of the receiving State, or after a reasonable period of time has elapsed in order to do so. However, in respect of actions committed by such a person in the performance of his functions as an employee of the Mission, immunity remains in effect. 2. In the event of the death of the Plenipotentiary or another Representative Office employee, his family members will continue to enjoy the privileges and immunities to which they are entitled until a reasonable period of time has elapsed for leaving the territory of the receiving State. 3. In the event of the death of the Plenipotentiary, another Representative Office employee or a member of his family living with him, the receiving State permits the export of the deceased's movable property, with the exception of all property acquired within the territory of the receiving State and the export of which was prohibited at the time of his death. Various types of inheritance taxes are not levied on movable property located in the receiving State solely by virtue of the deceased's stay in that State as a Plenipotentiary, another Representative Office employee or a member of his family.

Article 29

As a rule, the Envoy and other employees of the Representative Office must be citizens of the sending State. The sending State may appoint a Representative or other employee of the Mission as a member of the diplomatic staff of its other mission, as well as appoint a member of the diplomatic staff of its other mission as a Representative or other employee of the Mission. The authorized representative, who is a citizen of the receiving State or permanently resides in it, enjoys only immunity from jurisdiction and inviolability in respect of official actions performed by him in the performance of his functions. Other staff members of the Mission who are nationals of the receiving State or permanently reside there shall enjoy privileges and immunities only to the extent permitted by the receiving State. However, the receiving State must exercise its jurisdiction over these persons in such a way that it does not improperly interfere in the exercise of the functions of the Mission.

Article 30

Without prejudice to the privileges and immunities provided for in this Agreement, the Plenipotentiary and other employees of the Mission, as well as their family members, must respect the laws of the receiving State and not interfere in its internal affairs.

Article 31

The Representative and other employees of the Representative Office, as well as their family members, must fulfill their obligations in accordance with the legislation of the host State on liability insurance to third parties in respect of all vehicles they use or own. The premises of the Representative Office and the living quarters occupied by the Plenipotentiary, other employees of the Representative Office and their family members should not be used for purposes incompatible with the performance of their official functions by the Plenipotentiary, other employees of the Representative Office.

Article 32

Family members of the Plenipotentiary and other staff members of the Mission enjoy the same privileges and immunities as staff members of the Mission if they are not citizens of the receiving State or do not permanently reside there.

Article 33

The sending State may waive the immunity of the Plenipotentiary and other staff members of the Mission in cases where, in its opinion, the immunity impedes the administration of justice and the waiver of immunity does not prejudice the purposes for which it was granted. The refusal must be explicit. If the sending State does not waive the immunity of the Envoy or other Representative Office employee in respect of a civil claim, it shall make every effort to resolve the case fairly. The initiation of a case by the Plenipotentiary or another Representative Office employee deprives him of the right to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main claim.

Article 34

If this does not contradict the laws and regulations on zones where entry is prohibited or regulated for reasons of national security, the receiving State shall ensure to all representatives of the Member States freedom of movement and travel on its territory to the extent necessary for the performance of their functions.

Article 35

The receiving State and the Organization shall assist the Mission in the performance of its functions." 1.6. Sections III - V and Articles 22-35 are considered sections IV - VI and Articles 36-49, respectively. 1.7. Add a new Article 411 to Section V of the Agreement as follows:

"Article 411

Officials assigned to work in an Organization on a quota basis, upon completion of work in the Organization, are given a position at the discretion of the sending State." 1.8. In the second paragraph of article 49, replace the words "Article 32" with the words "Article 46". 2. Disputes related to the application or interpretation of this Protocol shall be resolved through consultations and negotiations between the Parties concerned. 3. This Protocol shall enter into force in accordance with the procedure provided for in Article 46 of the Agreement. Each Party may declare the provisional application of this Protocol by notifying the depositary in writing.

Done in Dushanbe on October 6, 2007, in one original copy in the Russian language. The original copy is kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each signatory State of this Protocol.

For the Republic of Armenia For the Russian Federation

For the Republic of Belarus For the Republic of Tajikistan

For the Republic of Kazakhstan For the Republic of Uzbekistan

For the Kyrgyz Republic

I hereby certify that this text is a certified copy of the certified copy of the Protocol on Amendments and Additions to the Agreement on the Legal Status of the CSTO dated October 7, 2002, signed on October 6, 2007 in Dushanbe.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

President

Republic of Kazakhstan

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