On ratification of the Protocol on Cooperation of the Member States of the Collective Security Treaty Organization on Countering Criminal Activity in the Information Sphere

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The Law of the Republic of Kazakhstan dated March 28, 2016 No. 476-V SAM.

Entered into force on December 2, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 6, art. 110

 To ratify the Protocol on Cooperation of the member States of the Collective Security Treaty Organization on Countering Criminal Activity in the Information Sphere, signed in Moscow on December 23, 2014.

President

Republic of Kazakhstan

N. Nazarbayev

PROTOCOL on Cooperation of the member States of the Collective Security Treaty Organization on Countering Criminal Activity in the Information Sphere

The member States of the Collective Security Treaty Organization, hereinafter referred to as the Parties,

Reaffirming their commitments on joint actions aimed at shaping the information security system of the CSTO member states,

Convinced of the urgent need to protect the information space and information resources of the Parties,

in order to implement the agreements on preventing the use of information technology to destabilize the situation in the territories of the Parties,

Understanding the importance of mutual assistance in preventing destructive information impacts and emergencies in the information sphere, coordinating rapid response to them and eliminating their consequences,

Striving to ensure effective collective cooperation in countering criminal activity in the information sphere and to create a legal framework for cooperation between the special services and law enforcement agencies of the Parties in combating crimes in the field of information technology,

We have agreed on the following:

Article 1

The terms used for the purposes of this Protocol mean:

The "information sphere" is a set of information, information infrastructure, entities involved in the collection, formation, dissemination and use of information, as well as a system for regulating public relations that arise in this process.;

"information space" is a sphere of activity related to the formation, creation, transformation, transmission, use, and storage of information, which affects, among other things, individual and public consciousness, information infrastructure, and information itself.;

"information infrastructure" is a set of technical means and systems for the formation, creation, transformation, transmission, use and storage of information;

"information resources" - information infrastructure, information itself and its flows;

"information technology crime" is a deliberately committed socially dangerous act provided for by the criminal legislation of a Party, committed using information technology.;

"computer information" is information stored in the memory of a computer (computer), on machine or other media in a form accessible to computer perception, or transmitted through communication channels;

 "authorized competent authority" is a state body whose competence includes countering crimes in the field of information technology, designated as the authorized competent authority in this area of cooperation in the CSTO format.;

"information technology" is a set of methods, production processes, and software and hardware combined into a technological complex that ensures the collection, creation, storage, accumulation, processing, retrieval, output, copying, transmission, and dissemination of information.

Article 2

This Protocol defines the procedure for interaction between the Parties on countering criminal activity in the information sphere.

Article 3

The Parties undertake, in accordance with this Protocol, national legislation and international treaties to which they are parties, to cooperate in the interests of protecting the information space of the Parties from destructive effects and countering the use of national segments of the Internet for purposes prohibited by national legislation, as well as to interact on the grounds of crimes committed using information technology and qualified by national legislation. How are the crimes:

 - against the foundations of the constitutional order and the security of the State,

 - against the peace and security of mankind,

 - in the field of information technology.

The Parties will take the necessary organizational measures to comply with the provisions of this Protocol.

Article 4

Cooperation under this Protocol is carried out directly between authorized competent authorities designated by the Parties.

Each of the Parties shall notify the CSTO Secretary General of the determination/modification of the authorized competent authority.

Upon receipt of the notification, the CSTO Secretary General shall immediately inform each of the Parties about it.

Article 5

The Parties within the framework of this Protocol shall cooperate in the following forms::

 1. Exchange of information about:

 - crimes being prepared or committed in the field of information technology;

 - individuals and legal entities involved in crimes;

 - forms and methods of prevention, detection, suppression, disclosure and investigation of crimes in the field of information technology;

 - new forms and methods of committing crimes in the field of information technology;

 - national legislative and regulatory legal acts adopted/adopted in order to regulate the prevention, detection, suppression, disclosure and investigation of crimes in the field of information technology;

 - relevant international treaties to which the Parties are/become Parties.

 2. Execution of requests for operational search measures, as well as procedural actions in accordance with international treaties on legal assistance and other relevant international treaties to which the Parties are Parties.

3. Planning and conducting coordinated events and operations for the prevention, detection, suppression, disclosure and investigation of crimes in the field of information technology.

4. Assistance in the training and advanced training of personnel, including through internships for specialists, organization of conferences, seminars, training courses and trainings.

5. Creation of information systems that ensure the fulfillment of tasks related to the prevention, detection, suppression, disclosure and investigation of crimes in the field of information technology.

 6. Conducting joint scientific research on issues of mutual interest in combating crimes in the field of information technology and exchanging scientific and technical literature on combating crimes in the field of information technology.

 7. In other mutually acceptable forms.

Article 6

Cooperation under this Protocol is carried out on the basis of a request from an authorized competent authority for assistance (hereinafter referred to as the request).

The request shall specify the name of the authorized competent authority of the requesting Party and the authorized competent authority of the requested Party, the purpose and justification of the request, the substance of the issue and the content of the requested assistance, the deadlines provided for by law, and any other information that may be useful for the execution of the request.

The request is sent in writing.

 Upon receipt of operational information about impending crimes listed in Article 3 of this Protocol, requiring an immediate response against those involved, by agreement of the Parties, the appeal may be transmitted using technical means of communication, followed by official written confirmation within 3 days.

The request, submitted or confirmed in writing, is signed by the head of the requesting authorized competent authority or his deputy.

Article 7

The requested Party shall take all necessary measures to ensure the prompt and more complete execution of the request.

An application is executed, as a rule, within a period not exceeding 30 (thirty) days from the date of its receipt, unless another deadline is agreed upon in accordance with international treaties on mutual assistance.

If there are circumstances preventing the execution of the request or significantly delaying its execution, the requesting Party is notified immediately.

If the execution of the request does not fall within the competence of the requested authorized competent authority, it shall, within three days from the date of receipt, transmit the request to the authority of its State competent to execute it, and at the same time notify the requesting authorized competent authority.

The requested Party has the right to request additional information necessary for the proper execution of the request.

If the requested Party considers that the immediate execution of the request may interfere with criminal prosecution or other proceedings carried out in the territory of its State, it may postpone the execution of the request by notifying the requesting Party, or bind its execution to compliance with conditions determined as necessary after consultation with the requesting Party. If the requesting Party agrees to assist it on the proposed terms, it must comply with these terms.

The requested Party shall inform the requesting Party of the results of the execution of the request as soon as possible.

Article 8

If necessary and in agreement with the requested Party, taking into account its national legislation, representatives of authorized competent authorities of the requesting Party may be present during the execution of the request for assistance.

Article 9

Within the framework of this Protocol, the execution of an application may be refused in whole or in part if the requested Party considers that its execution is contrary to its national legislation.

The requesting Party is notified in writing of a complete or partial refusal to execute the request, indicating the reasons for the refusal.

Article 10

The authorized competent authorities of the Parties shall take the necessary measures in accordance with national legislation to ensure the necessary level of confidentiality of information related to the execution of the appeal.

Information obtained under this Protocol may not be used without the consent of the requested authorized competent authority for purposes other than those specified in the request and to which the requested authorized competent authority has consented.

 If it is necessary to exchange information constituting a state secret, such information is transferred and protected in accordance with the procedure provided for in the Agreement on Mutual Security of Classified Information within the framework of the Collective Security Treaty Organization of June 18, 2004.

Article 11

The Parties shall resolve disputes that may arise in connection with the interpretation or application of the provisions of this Protocol through consultations and negotiations.

Article 12

The Parties shall independently bear the costs that may arise in the course of fulfilling the terms of this Protocol, unless a different procedure is agreed in each specific case.

Article 13

The authorized competent authorities of the Parties shall use Russian as a working language when carrying out cooperation under this Protocol.

Article 14

The provisions of this Protocol shall not affect the rights and obligations of the Parties under other international treaties to which they are parties.

Article 15

By agreement of the Parties, amendments and additions may be made to this Protocol, which are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 16 of this Protocol.

Article 16

 This Protocol shall enter into force on the date of receipt by the depositary of the fourth written notification that the Signatories have completed the necessary internal procedures.

For Parties that have completed similar domestic procedures later, this Protocol shall enter into force on the date of receipt by the depositary of the relevant written notification.

Article 17

This Protocol is valid for the duration of the Collective Security Treaty of May 15, 1992.

Article 18

Each Party may withdraw from this Protocol by sending a written notification to the CSTO Secretary General no later than 6 months before the date of withdrawal, having settled all obligations that have arisen during the period of the Protocol.

Done in Moscow on December 23, 2014, 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 to this Protocol.

For the Republic of Armenia

For the Kyrgyz Republic

For the Republic of Belarus

For the Russian Federation

For the Republic of Kazakhstan

For the Republic of Tajikistan

The copy is correct:

Head of the Legal Department

The CSTO Secretariat

_______________________ K.Golub

President

Republic of Kazakhstan

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