On signing an Agreement between the member States of the Shanghai Cooperation Organization on Cooperation in Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors
Decree of the President of the Republic of Kazakhstan dated June 16, 2004 No. 1396
I decree: 1. To approve the draft Agreement between the member States of the Shanghai Cooperation Organization on Cooperation in Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors. 2. To sign an agreement between the member States of the Shanghai Cooperation Organization on Cooperation in Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors. 3. This Decree comes into force from the date of signing.
President of the Republic of Kazakhstan
Approved By Decree of the President of the Republic of Kazakhstan dated June 16, 2004 No. 1396
Draft agreement between the member States of the Shanghai Cooperation Organization on cooperation in combating illicit trafficking in narcotic drugs, psychotropic substances and their precursors
The member States of the Shanghai Cooperation Organization (SCO), hereinafter referred to as the Parties, expressing concern about the expansion of illicit trafficking in narcotic drugs and psychotropic substances (hereinafter referred to as - Aware that illicit trafficking in drugs and their precursors poses a serious threat to the health and well-being of the peoples of the Parties, concerned about the increased use of the territories of the Parties to this Agreement for the smuggling and illicit transit of drugs and their precursors, considering that strengthening cooperation between the Parties in combating illicit trafficking in narcotic drugs and their precursors drug trafficking and abuse meets the interests of the peoples of the Parties, Having regard to the provisions of the Charter of the Shanghai Cooperation Organization of 2002, the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, the United Nations Convention against Illicit Drug Trafficking trafficking in narcotic drugs and psychotropic substances of 1988, the Political Declaration and Decisions adopted by the XX special Session of the UN General Assembly in 1998, as well as other decisions and recommendations of the United Nations on this issue, based on mutual interest in taking effective measures aimed at combating illicit trafficking in drugs and their precursors, guided by the legislation and international obligations of their States, agreed as follows:
Article 1
The Parties, in accordance with their national legislation, cooperate in developing a coordinated strategy and joint measures to combat illicit trafficking in drugs and their precursors, coordinate their activities in this area within the SCO, combine the efforts of all government agencies, public and other organizations, citizens, and use the media to counter drug addiction and illicit trafficking of drugs and their precursors. The Parties promote the development of international cooperation in the field of countering illicit trafficking in drugs and their precursors, countering and treating drug addiction on a bilateral and multilateral basis. The Parties strive to take coordinated positions at international forums on combating illicit trafficking in drugs and their precursors, and also interact with international organizations active in the field of combating illicit trafficking in drugs and their precursors.
Article 2
1. The Parties, cooperating in countering illicit trafficking in drugs and their precursors, as well as drug abuse, are guided by the following basic principles: state regulation of all types of activities related to trafficking in drugs and their precursors; ensuring the inevitability of punishment for offenses related to illicit trafficking in drugs and their precursors; priority of drug addiction and crime prevention measures, related to the illicit trafficking of drugs and their precursors; state support for scientific research in the field of developing basic methods of drug addiction treatment and medical and social rehabilitation of drug addicts. 2. The Parties, in accordance with their national legislation, may establish liability for non-medical drug use as a preventive means of preventing drug addiction and reducing drug demand.
Article 3
The Parties shall cooperate in the field of combating illicit trafficking in drugs and their precursors, as well as drug abuse in the following main areas: analysis of the state of crime related to illicit trafficking in drugs and their precursors; establishment of strict control over trafficking in drugs and their precursors; implementation of coordinated measures to comply with the provisions of international treaties aimed at combating illicit trafficking drugs and their precursors; organization of interaction between the competent authorities of the Parties on combating illicit trafficking in drugs and their precursors; development of joint programs to combat drug addiction, illicit trafficking in drugs and their precursors; improvement of the legal framework for cooperation between the Parties in combating illicit trafficking in drugs and their precursors, harmonization of national legislation of the Parties in this area, taking into account the provisions of international treaties; drug addiction prevention, development and implementation of new methods of treatment, social and medical rehabilitation of drug addicts; prohibition of propaganda and advertising that promotes the spread of drug addiction.
Article 4
1. The Parties shall cooperate in the field of countering illicit trafficking in drugs and their precursors, as well as drug abuse in the following forms: a) exchange information on countering illicit trafficking in drugs and their precursors, including on: any crimes related to illicit trafficking in drugs and their precursors committed or being prepared to be committed in the territories of the Republic of Kazakhstan. Parties; persons suspected of involvement in the illicit trafficking of drugs and their precursors; specific facts and events related to the illegal movement or intentions regarding the illegal movement of drugs and their precursors from the territory of one Party to the territory of the other Party; structures, personnel, areas of activity, management organizations and connections of criminal groups involved in the illicit trafficking of drugs and their precursors and whose activities are transnational in nature; contacts that have taken place or are suspected between individuals and criminal groups associated with illicit trafficking in drugs and their precursors and operating in the territories of the Parties; forms and methods of criminal activity related to illicit trafficking in drugs and their precursors; activities aimed at legalizing (laundering) proceeds from illicit trafficking in drugs and their precursors forms and methods of identifying the sources of drug trafficking and their precursors and measures to curb such trafficking; the methods used by offenders to conceal and disguise drugs and their precursors in illicit traffic; methods of their detection; other issues of mutual interest; b) conducting by one Party, at the request of the other Party, operational search activities on issues related to illicit trafficking in drugs and their precursors; c) interaction during activities aimed at to counter the illicit trafficking of drugs and their precursors, including during controlled deliveries; (d) Exchange of work experience, including through meetings, conferences and seminars; (e) Exchange of legislative and other normative legal acts, materials on their implementation, statistical data and methodological recommendations on combating illicit trafficking in drugs and their precursors; (f) Training and advanced training of relevant personnel; (g) provision of logistical and advisory assistance, as well as assistance in conducting expert examinations; (h) Conducting joint scientific research on the problems of combating illicit trafficking in drugs and their precursors; (i) exchanging, if necessary, samples and research results of drugs and their precursors seized from illicit trafficking; (k) Providing legal assistance in accordance with international treaties to which the Parties are parties; (l) coordinating activities on arising in the process of cooperation, including the creation of working groups and the exchange of representatives, including during operational search activities; m) involvement of non-governmental organizations and citizens in the fight against the spread of drug addiction and the development of a network of institutions for the medical and social rehabilitation of drug addicts. 2. The specific forms of implementation of the cooperation provided for in subparagraphs (e), (g), (h) of paragraph 1 of this Article, and in particular the procedure for its financing, may be determined by separate agreements between the Parties. 3. This Agreement does not prevent the Parties from developing and developing other mutually acceptable forms of cooperation.
Article 5
1. The cooperation provided for in this Agreement shall be carried out through direct contacts between the central competent authorities appointed by the Parties in accordance with their national legislation. The central competent authorities of the Parties are: Ministries of Foreign Affairs; departments for the control of trafficking in narcotic drugs and psychotropic substances; Prosecutor General's offices; ministries of Internal Affairs (public security); national security agencies and special services; border agencies; customs authorities; Ministries of Justice; Ministries of Health; Ministries of Education; and other agencies whose functions include the implementation of this Agreement. 2. In order to improve the effectiveness of the implementation of this Agreement, an authorized body responsible for coordinating cooperation under this Agreement is determined from each Party in accordance with their national legislation. 3. The Parties, as necessary, send through diplomatic channels to the depositary of this Agreement information about the central competent and authorized bodies, indicating their postal addresses, telephone numbers, fax numbers, and e-mail addresses. The Depositary of this Agreement shall notify the Parties of changes in the lists of their central competent and authorized bodies.
Article 6
Within the framework of this Agreement, cooperation between the competent authorities of the border regions of the Parties, in coordination with their central competent authorities, may be carried out directly. The procedure for their interaction is agreed upon by the central competent authorities of the Parties additionally, taking into account the national legislation of the Parties.
Article 7
1. Cooperation under this Agreement is carried out on the basis of a request for assistance or on the initiative of one of the Parties, believing that such assistance is of interest to the other Party. The request for assistance is sent in writing. In urgent cases, it can be transmitted orally, but no later than 72 hours it must be confirmed in writing, if necessary using technical means of text transmission. In case of doubts about the authenticity of the request or its content, additional confirmation or clarification of the substance of the specified document in writing may be requested. 2. The request for assistance must contain: the names of the requesting and requested central competent authorities; an indication of the purpose and justification of the request; a description of the content of the requested assistance; desirable deadlines for the execution of the request; other information that may be useful for the timely and proper execution of the request; an indication of the confidentiality of the request or individual requested actions, if necessary; translation of the request into Russian or Chinese, if necessary. 3. The information received as part of the request is used only for the purposes specified in the request.
Article 8
1. The requested central competent authority shall take all necessary measures to ensure the prompt and fullest possible execution of the request. The request is executed, as a rule, within a period not exceeding thirty days from the date of its receipt. 2. The requested central competent authority has the right to request additional information necessary, in its opinion, for the proper execution of the request. 3. The requested central competent authority may allow representatives of the requesting central competent authority to be present during the execution of the request on the territory of its State, if this does not contradict its national legislation.
Article 9
1. If it is impossible or in case of refusal to execute the request, the requested central authority shall immediately notify the requesting central competent authority in writing and inform it of the reasons preventing the execution of the request, while returning the request and all appendices thereto. 2. The execution of a request may be refused in whole or in part if the requested central competent authority considers that its execution may prejudice the sovereignty, security or other essential interests of its State or contradict the national legislation of its State. 3. If the requested central competent authority 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 or bind its execution to the conditions determined as necessary, after consultation with the requesting central competent authority. If the requesting central competent authority agrees to assist it on the proposed terms, it must comply with these terms.
Article 10
1. Each Party ensures the confidentiality of the information and documents received, if they are of a private nature or the transmitting Party considers their disclosure undesirable. The degree of confidentiality of information and documents is determined by the transmitting Party. 2. Information and documents received by one Party on the basis of this Agreement from the other Party, without the prior written consent of the Party that provided them, are not subject to transfer to third states. 3. The procedure for the transfer of information constituting state secrets between the Parties is determined by separate international treaties or the national legislation of the Parties.
Article 11
The Parties shall take the necessary measures, within the framework of their national legislation, providing for the proper use of a method of controlled supply of drugs and their precursors on the basis of mutually acceptable agreements, including for the purpose of identifying persons involved in their illicit trafficking and prosecuting them.
Article 12
1. The Parties shall independently bear the costs associated with the implementation of this Agreement on their territory, unless a different procedure is agreed in each specific case. 2. The Parties shall bear all expenses related to the travel and stay of representatives of their central competent authorities in the territory of the host Party. 3. The visits of representatives of the central competent authorities of the requesting Party shall be carried out by prior agreement with the central competent authorities of the requested Party.
Article 13
In order to review the results of the implementation of this Agreement and issues of improving cooperation provided for in this Agreement, the Parties shall hold meetings of the heads of authorized bodies at least once a year, guided by the Regulations on meetings of the heads of Ministries and/or Departments of the SCO member States, alternately in the territories of the member States in the alphabetical order of the Russian language. The central competent authorities of the Parties may hold joint working meetings and/or consultations as necessary. Such meetings and/or consultations are held by mutual agreement and, as a rule, on the territory of the Party that proposed their holding. The SCO secretariat is notified in advance about the holding of such meetings, meetings and/or consultations, and upon their completion - about the results.
Article 14
1. The Parties will resolve through consultations and negotiations any disputes that may arise in connection with the interpretation or application of the provisions of this Agreement. 2. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.
Article 15
When carrying out cooperation under this Agreement, the Parties use Russian and Chinese as working languages.
Article 16
1. This Agreement shall enter into force on the date of deposit of the fourth notification to the depositary on the completion by the signatory Parties of the internal procedures necessary for its entry into force. For the Parties who have completed the necessary procedures later, the Agreement shall enter into force on the date of their deposit of the relevant documents with the depositary. 2. Amendments and additions may be made to this Agreement by decision of the Parties, which are formalized by separate protocols that are an integral part of this Agreement and enter into force in accordance with the procedure provided for in paragraph 1 of this Article. 3. No reservations to this Agreement are allowed. 4. This Agreement is valid for five years from the date of its entry into force. In the future, the validity of this Agreement is automatically extended each time for a subsequent five-year period, unless the Parties decide otherwise. 5. This Agreement is open for accession by other States that share its provisions and are ready to assume the obligations arising from it. For the acceding State, this Agreement shall enter into force on the date of deposit of the instrument of accession with the depositary.
Article 17
The SCO Secretariat is the depositary of this Agreement. Done in_____ "__"______ 200__ in a single copy in the Chinese and Russian languages, both texts being equally authentic.
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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