On signing an Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on ensuring security and law and order in the territory of the International Center for Cross-Border Cooperation "Khorgos"
Resolution of the Government of the Republic of Kazakhstan No. 793 dated September 5, 2026
THE Government of the Republic of Kazakhstan DECIDES:
1. To approve the attached draft Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on ensuring security and law and order in the territory of the International Center for Cross-Border Cooperation "Khorgos".
2. To authorize the Minister of Internal Affairs of the Republic of Kazakhstan, Yerzhan Saparbekovich Sadenov, to sign on behalf of the Government of the Republic of Kazakhstan an Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on ensuring security and law and order in the territory of the "Khorgos" International Center for Cross-Border Cooperation, allowing amendments and additions that are not fundamental.
3. This resolution shall enter into force from the date of its signing.
The Prime Minister of the Republic of Kazakhstan
O. Bektenov
Approved by Resolution No. 793 of the Government of the Republic of Kazakhstan on September 5, 2026
Project
Agreement
between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on ensuring security and law and order in the territory of the International Center for Cross-Border Cooperation "Khorgos"
The Government of the Republic of Kazakhstan and the Government of the People's Republic of China, hereinafter referred to as the Parties,
Guided by the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Regulation of the International Center for Cross-Border Cooperation "Khorgos" dated July 4, 2005 (hereinafter referred to as the Agreement on the Regulation of the ICBC),
Agreement between the Republic of Kazakhstan and the People's Republic of China on Cooperation in Combating Terrorism, Separatism and Extremism dated December 23, 2002 (hereinafter referred to as the Agreement on Cooperation in Combating Terrorism, Separatism and Extremism),
Agreement between the Republic of Kazakhstan and the People's Republic of China on Cooperation in Combating Crime dated May 19, 2005 (hereinafter referred to as the Agreement on Cooperation in Combating Crime),
Expressing mutual interest in strengthening cooperation in ensuring security and law and order on the territory of the "Khorgos" International Center for Cross–Border Cooperation (hereinafter referred to as the Center),
in order to improve the legal framework of bilateral cooperation,
have agreed on the following:
Article 1
Terms used
For the purposes of this Agreement, the following terms are used:
1. "Competent authorities of the States of the Parties" — state bodies and departments of the States of the Parties, as well as their authorized territorial divisions in the territory of the Zhetisu Region (for the Republic of Kazakhstan) and the Xinjiang Uygur Autonomous Region (for the People's Republic of China), whose competence, in accordance with national legislation, includes issues regulated by this Agreement.;
2. "Employees and (or) military personnel of the competent authorities of the States of the Parties" – employees and (or) military personnel of the competent authorities of the States of the Parties who are in the line of duty and perform functions and powers in accordance with the national legislation of their States.
Article 2
General provisions
1. The purpose of this Agreement is to ensure security and law and order on the territory of the Center.
2. The competent authorities of the States of the Parties, in accordance with the national legislation of their States and within the limits of their powers, cooperate in the prevention, detection, suppression and investigation of any illegal actions, including those causing damage to the national security of the State of any Party on the territory of the Center in relation to their citizens, third-country nationals, stateless persons registered in the territories of the States Parties, as well as legal entities and organizations without forming a legal entity (for the Chinese Side) and their property, who are on the territory of the Center, as well as in establishing the location or detention of wanted persons.
3. If necessary, the competent authorities of the States of the Parties, upon written request, initiate consultations on issues of maintaining public order, traffic management, maintenance and control of infrastructure facilities on the territory of the Center.
Article 3
The main forms of cooperation
1. When providing mutual assistance in ensuring the security regime and maintaining law and order, the competent authorities of the States of the Parties establish relations directly with each other. Issues related to the provision of legal assistance in civil and criminal cases, the extradition of persons or the transfer of convicted persons are regulated by relevant international treaties.
2. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties.
Article 4
Request for assistance
1. The Parties shall carry out mutual cooperation through requests in accordance with the national legislation of their States and the provisions of this Agreement. Information may be provided to the other Party on its own initiative without a request, if there are grounds to believe that it affects national security issues and is of interest to that Party.
2. The request is sent in writing. In emergency cases, the request can be sent by fax, telegram, e-mail, or transmitted orally, but it must be confirmed in writing within 48 (forty-eight) hours.
3. The request specifies:
1) the names of the competent authorities of the States of the requesting and requested Parties;
2) Summary of the request;
3) purpose and legal basis of the request;
4) if necessary, a description of the special procedure for executing the request and justification of this need.;
5) the time frame within which the request is expected to be executed;
6) other information that facilitates the execution of the request.
The competent authorities of the State of the requested Party have the right to request additional information necessary for the proper execution of the request, in accordance with the national legislation of the State of the requested Party.
4. The request in writing shall be signed by the head of such competent authority (or his deputy) and stamped.
5. The request, cover letters and supporting documents shall be accompanied by a translation into the official language of the requested Party.
6. If the competent authority of the State of the requesting Party considers that it is no longer necessary to execute the request, it shall immediately notify the competent authority of the State of the requested Party in writing.
Article 5
Request execution
1. The competent authority of the requested Party's State shall take all necessary measures for the fastest and most comprehensive execution of the request.
2. The competent authority of the requested Party's State shall inform the requesting Party as soon as possible of the results of the execution of the request.
3. The competent authority of the requested Party's State shall immediately notify the requesting Party of the circumstances that impede or significantly delay the execution of the request.
4. The competent authority of the State of the requested Party, at the request of the competent authority of the State of the requesting Party, may provide an opportunity for its representatives to be present during the execution of the request within the territory of the Center. The representative of the requesting Party must comply with the national legislation of the requested Party.
5. If the competent authority of the State of the requested Party considers that the immediate execution of the request may interfere with criminal prosecution, judicial proceedings or any other proceedings carried out in its territory, it may postpone the execution of the request or bind its execution to the conditions determined as necessary, after consultation with the competent authority of the State of the requesting Party. If the competent authority of the requesting State agrees to assist it on the proposed terms, it will comply with these conditions.
6. When executing a request, the national legislation of the requested Party's State is applied.
Article 6
Refusal to execute the request
1. Assistance may be refused in whole or in part if the competent authority of the State of the requested Party considers that the execution of the request may harm sovereignty, security, public order and other public interests or contradict national legislation and (or) international obligations of its State.
2. The competent authority of the requested Party's State shall, within three (3) business days from the date of receipt of the request, notify the competent authority of the requesting Party's State in writing of the complete or partial refusal to execute the request, indicating the reasons for the refusal.
Article 7
Use and transfer of information
1. The Parties shall take measures to ensure the safety and prevention of unauthorized dissemination of information, including documentation and technical equipment, received or transmitted under this Agreement and recognized by one of the Parties as restricted access information in accordance with the national legislation of its state.
2. Information obtained on the basis of this Agreement is not subject to transfer to third parties without the prior written consent of the competent authority of the State that provided it.
3. If it is necessary to transfer information to a third party, the competent authority of the State of the requesting Party must send a corresponding request to the competent authority of the State of the requested Party, indicating the purpose and purpose of such transfer.
4. The requested Party has the right to refuse to transfer information to a third party if such transfer may damage its sovereignty, security, interests, public order, or contradicts national legislation or international obligations of the State. In this case, the competent authority of the requested Party's State shall notify the requesting Party in writing of the decision taken and the reasons for the refusal no later than 3 (three) business days from the date of receipt of the request.
5. The competent authority of the State of the requesting Party shall immediately notify the competent authority of the State of the requested Party of the facts or threat of loss or disclosure of the information received, conduct an investigation into the causes and circumstances of such cases and inform about its results, as well as measures taken to prevent their recurrence.
Article 8
Prosecution of persons suspected and accused of committing an offence
1. The prosecution of persons who are citizens of the Republic of Kazakhstan, the People's Republic of China, third countries, and stateless persons suspected and accused of committing an offense on the territory of the Center is carried out by the competent authorities of the States of the Parties in accordance with their territorial jurisdiction.
In the event of the transfer of persons suspected and accused of committing a crime to the territorial part of the Center of the State of one Party, the competent authorities of the State of the relevant Party shall, in accordance with the procedure and time limits provided for in paragraph 2 of Article 4 of this Agreement, inform the competent authorities of the State of the Party conducting the prosecution and provide comprehensive assistance in the investigation and detention.
2. In case of mass riots, terrorist acts, situations threatening the life and health of people on the territory of the Center, the competent authorities of the States of the Parties shall take all lawful measures to neutralize them. However, in cases where one of the Parties has not sent a request or received permission, including in the event of disasters amounting to force majeure, employees and military personnel of the competent authorities of the State of the other Party are not allowed to cross the border between the territorial parts of the Center.
Article 9
Detention of a person
The detention of suspects or accused persons in the commission of an offence and their release from custody are carried out in accordance with the national legislation of the State of the Party in whose territorial part of the Center they are located.
Such persons are not subject to the provisions of paragraphs 5 and 6 of Article 15 of the Agreement on the Regulation of the Activities of the ICBC.
Article 10
Crossing the state border and conditions of stay of persons detained or arrested in the Center, as well as other participants in the relevant administrative or criminal process
1. The competent authorities of the States of the Parties in their territorial part of the Center have the right to detain, arrest and remove from the Center citizens of the Republic of Kazakhstan, the People's Republic of China, third countries and stateless persons who entered the Center from Kazakhstan or China and committed an offense on the territory of the Center or the States of the Parties, after registration of the entry and exit procedure with simultaneous informing the border agency of the other Party.
2. Citizens of the Republic of Kazakhstan, the People's Republic of China, third countries and stateless persons who entered the Center from Kazakhstan or China and are victims, witnesses or other participants in administrative or criminal proceedings (for the Kazakh side) / legal proceedings (for the Chinese side), arrange entry and exit procedures while informing the border agency of the other Side They are allowed to enter and temporarily stay on the territory of the Parties if necessary to participate in administrative or criminal proceedings.
3. The grounds for entry and stay of the persons referred to in paragraph 2 of this Article are an official letter (notification) from the competent authority of the States of the Parties on the initiation or conduct of administrative or criminal proceedings and valid travel documents.
4. If it is not necessary for the persons referred to in paragraphs 1 and 2 of this Article to stay in the territories of the States of the Parties, the competent authorities of the States of the Parties shall ensure their return to the territory of the Center.
Article 11
Confidentiality
1. The competent authority of the State of either Party strictly preserves the confidentiality of information received from the competent authority of the State of the other Party in accordance with this Agreement, including the request and its contents.
2. The Parties shall transfer to each other information containing information constituting state secrets (and other secrets) in accordance with the national legislation of the States of the Parties.
3. If confidentiality cannot be ensured during the execution of the request, the competent authority of the State of the requested Party notifies the competent authority of the State of the requesting Party, which must determine whether the request is subject to further execution in violation of confidentiality.
4. The degree of confidentiality of information is determined by the competent authority of the sending State in accordance with its national legislation.
Article 12
Calculating the length of stay at the Center
1. The Parties shall calculate the length of stay in the territory of the Center in accordance with the national legislation of their States.
2. When persons suspected or accused of committing offenses are detained or arrested on the territory of the Center, the calculation of the duration of their stay in this territory is suspended until a decision is made by the relevant authorities.
3. If the previously suspected or accused person returns to the territory of the Center after his release, the calculation of the duration of stay is resumed.
4. If the persons referred to in paragraph 2 of Article 10 of this Agreement leave the Center, their stay in the Center's territory is suspended until their return.
Article 13
Communication methods
The competent authorities of the States of the Parties shall exchange contact information (surname, first name, patronymic (if any), position, office phone numbers, duty stations, mobile phones, fax machines, e-mail addresses) in order to promptly exchange information for the implementation of this Agreement.
Article 14
Resolution of disputes and disagreements
Disputes that may arise in connection with the interpretation and application of this Agreement are resolved through consultations and negotiations between the Parties.
Article 15
Expenses
Each Party, in accordance with the national legislation of its State, shall independently bear its expenses incurred during the implementation of this Agreement, unless a different procedure is agreed in each specific case.
Article 16
Changes and additions
By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are integral parts of this Agreement and are formalized in separate protocols.
Article 17
Entry into force and termination
1. This Agreement shall enter into force upon the expiration of 30 (thirty) calendar days from the date of receipt through diplomatic channels of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.
2. This Agreement shall terminate upon the expiration of 6 (six) months from the date of receipt by one of the Parties through diplomatic channels of a written notification by the other Party of its intention to terminate this Agreement. The termination of this Agreement does not affect the execution of requests sent by the Parties prior to its termination.
3. After the entry into force of this Agreement, the Parties will notify each other as soon as possible through diplomatic channels about the competent authorities of their States responsible for the implementation of its provisions.
Committed in _________ "____" _______ 20__ in two copies, each in Kazakh, Chinese and Russian, all texts being equally authentic. In case of disagreement in interpretation, the Parties are guided by the text in Russian.
For the Government of the Republic of Kazakhstan
For the Government of the People's Republic of China
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