On the ratification of the Agreement between the member States of the Shanghai Cooperation Organization on Joint Military Exercises

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The Law of the Republic of Kazakhstan dated July 1, 2008 No. 51-IV.

To ratify the Agreement between the member States of the Shanghai Cooperation Organization on Joint military exercises, signed in Bishkek on June 27, 2007.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT between the member States of the Shanghai Cooperation Organization on joint military exercises

The member States of the Shanghai Cooperation Organization are the Republic of Kazakhstan, the People's Republic of China, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan, hereinafter referred to as the Parties.,

Reaffirming its commitment to the purposes and principles of the UN Charter and the universally recognized norms of international law,

Guided by the Charter of the Shanghai Cooperation Organization of June 7, 2002, and the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001,

Striving to combine efforts to ensure an effective response of the Shanghai Cooperation Organization (hereinafter - SCO) to situations that endanger peace, security and stability in the SCO space, including through mutually coordinated actions of the defense departments,

Desiring to conduct joint military exercises (hereinafter referred to as exercises) for these purposes, to determine the legal and organizational basis for their preparation and conduct,

have agreed on the following:

Article 1

The terms used in this Agreement mean the following:

"exercise participants" - persons included in the exercise management body, personnel of military and other formations of the Parties participating in the exercises.;

"exercise management body" is a temporary management body established by the Parties to prepare and conduct exercises.;

"military formations" - military units and subunits, governing bodies of the armed forces of the Parties participating in the exercises.;

"other formations" - units of the state authorities of the Parties that are not part of the structure of their armed forces, participating in the exercises or assisting in their conduct.;

"personnel of military and other formations" - military personnel and civilian personnel who are part of military and other formations, as well as persons seconded to them;

"Sending Party" means the Party that has sent its participants in the exercises and the movable property of military and other formations to the territory of the receiving Party.;

"receiving Party" means the Party on whose territory the exercises are conducted or through whose territory the participants of the exercises and movable property of military and other formations of the sending Party are transited.;

"third party" means another State that is not a sending or receiving Party, its natural or legal persons, as well as international intergovernmental organizations;

"authorized persons of military and other formations" - commanders (chiefs) of military and other formations and other persons from military and other formations appointed by authorized bodies of the Parties;

"movable property of military and other formations" means weapons and military equipment owned by the sending Party, aircraft, warships and other navigational aids, special equipment, ammunition and imitation equipment, food, medical equipment, as well as other logistical equipment and consumables necessary for military and other formations for the duration of the event. exercises authorized for temporary import and use on the territory of the host Country;

"immovable property" means land plots owned by the receiving Party, railways, highways, training centers and training grounds, airfields, ports, naval bases and bases and buildings and structures located on them, stationary communications facilities, radio engineering and navigation facilities, as well as other infrastructure facilities located with the consent of the receiving Party in the temporary use of military and other formations of the sending Party;

"damage" - death, bodily injury and other damage to health (injury), as well as destruction, damage or loss of property;

"place of deployment of military and other formations" - the territory designated by the receiving Party for the temporary accommodation of military and other formations of the sending Party for the period of the exercises.;

"exercise area" - the territory designated by the host Country for conducting exercises;

"movement routes" - air, water and land routes for military and other formations and their movable property to travel through the territory of the receiving Party to the locations of military and other formations and to the areas of exercises, as well as when returning to the territory of the sending Party.;

"competent authorities" means the state authorities of a Party authorized, in accordance with its national legislation, to monitor the crossing of the state border at checkpoints, to conduct investigative and judicial procedural actions, as well as to carry out quarantine and other measures.;

"performance of official duties by participants in exercises" - actions of participants in exercises to perform tasks in accordance with orders received during the preparation and conduct of exercises in areas of exercises, locations of military and other formations, as well as when following movement routes, except for the following cases:

unauthorized abandonment of locations or exercise areas;

voluntarily bringing oneself into a state of toxic or narcotic intoxication;

"state border checkpoint" is a designated area within a railway, automobile station, station, airport, airfield, sea port, river port, open for international communications (international flights), as well as another specially equipped place where border control, and if necessary, other types of control, and passage through the state border of persons, vehicles, goods, goods and animals.

Article 2

The implementation of this Agreement is carried out by the authorized bodies of the Parties. The list of authorized bodies of the Parties is sent to the depositary and the Parties by a note.

Article 3

1. The decision to conduct the exercises is made by agreement of the Parties. Each Side has the right to independently determine the degree of its participation in the exercises.

2. If a Party is unable to participate in the exercises, it informs the other Parties in advance.

3. Depending on the subject of the exercises, other formations of the Parties may take part in them, in addition to military ones.

Article 4

For the direct preparation and conduct of exercises, the authorized bodies of the Parties shall establish an exercise management body.

Article 5

1. With the decision to conduct exercises, the coordination of issues related to their preparation is carried out during consultations conducted by the authorized bodies of the Parties.

2. During the consultations of the authorized bodies of the Parties, the following shall be agreed:

1) goals, objectives, the idea of conducting exercises, and the training issues being worked out;

2) the timing of the exercises;

3) the composition and number of military and other formations involved in the exercises, lists of their movable property;

4) locations of military and other formations and areas of exercises;

5) the procedure for protecting the locations of military and other formations;

6) joint arrangements for the preparation of exercises and the timing of their implementation;

7) the place and procedure for organizing the work of the exercise management body;

8) the order of concentration of military and other formations in the areas of exercises;

9) checkpoints across the state border and the time of their crossing by military and other formations of the sending Party;

10) routes, procedures and conditions of movement (transit) of military and other formations of the sending Party on the territory of the receiving Party and in the areas of exercises;

11) the volume, procedure and conditions for providing the military and other formations of the sending Party with the necessary immovable property, logistical and medical support, public utilities, as well as issues related to the provision of services to it both on a paid and gratuitous basis;

12) issues of inviting observers from other States to the exercises;

13) issues of media coverage of the exercises;

14) issues of ensuring information security and management secrecy during the preparation and conduct of exercises;

15) other issues related to the preparation and conduct of exercises.

3. The results of the consultations are drawn up in the form of a protocol, which is signed by representatives of the authorized bodies of the Parties.

Article 6

The receiving Party shall take the necessary measures during the preparation and conduct of the exercises.:

to prevent and suppress any illegal actions against the participants of the exercises and the movable property of the sending Party;

to create conditions for unhindered movement along the routes of movement of military and other formations of the sending Party, their movable property.

Article 7

During the preparation and during the conduct of the exercises, the sending Party takes the necessary measures aimed at:

ensuring respect for the State sovereignty, legislation and customs of the host Country, non-interference in the internal affairs of the host Country and non-participation of participants in the exercises of the sending Party in political activities on its territory;

development and familiarization of the participants of the exercises of the sending Party with the rules of conduct, norms and customs in force on the territory of the receiving Party;

ensuring the safety of used real estate, natural resources, cultural and historical sites of the host Country;

movement of exercise participants and movable property only within the exercise areas and along movement routes agreed with the host Party;

compliance by military and other formations with the environmental safety standards of the host Country in the areas of exercises, locations and on the routes of movement on the territory of the host Country.

Article 8

1. The Parties shall assist each other in the organization and implementation of medical care for participants in the exercises, including the implementation of therapeutic, preventive and sanitary anti-epidemic measures.

2. The provision of medical assistance to the participants of the exercises of the sending Party when they are in the territory of the receiving Party is carried out:

1) the sending Party in the provision of planned medical care at its own expense;

2) the receiving Party when providing medical care for urgent indications, including qualified and specialized, free of charge.

Article 9

1. At the request of the receiving Party, the receiving Party provides railway, automobile, sea, river and air transport, real estate, logistical support, public utilities, and other necessary services to the military and other formations of the sending Party on the terms defined in the protocols following consultations of the authorized bodies of the Parties.

2. The Parties shall independently bear the costs that will arise in the course of their implementation of this Agreement, unless the Parties agree otherwise.

Article 10

1. The receiving Party recognizes the national driving licenses of the sending Party as valid without conducting a driving test and charging fees. Drivers of vehicles participating in the exercise must have their national driving licenses with them.

2. The receiving Party shall exempt the military and other formations of the sending Party from compulsory insurance of vehicles.

3. The organization of transportation of dangerous, bulky and heavy goods by road and rail on the territory of the receiving Party is carried out in accordance with international treaties to which the relevant Parties are parties and the legislation of the receiving Party.

Article 11

1. The organization of military air transportation is carried out in coordination with the competent authorities of the Parties responsible for the organization of international air transportation.

2. Aircraft flights are performed on international air routes (routes, lines), as well as in zones (areas) that are coordinated with the receiving Party.

3. Aerodrome technical support and protection of aircraft of the sending Party participating in exercises or carrying out military transportation for the purposes of exercises at military and civilian airfields of the receiving Party shall be carried out on the terms defined in the protocols following consultations of the authorized bodies of the Parties.

4. The organization of aircraft flights on international air routes (routes, lines) is carried out by the air transport authorities of each of the Parties in accordance with the information flight zones of the Parties.

5. The safety of flights of aircraft performing interstate transportation in order to implement this Agreement is ensured in accordance with international treaties to which the Parties are parties and the legislation of the Party in whose airspace the flights are carried out.

6. In case of emergency situations (natural disasters, adverse meteorological flight conditions, malfunctions on board the aircraft, etc.), the air traffic control authorities of each Party provide assistance to the aircraft, including providing alternate airfields for emergency landing. Search and rescue support of aircraft flights is organized by the forces and means of the Parties on a gratuitous basis.

Article 12

1. The entry of warships and auxiliary vessels of the sending Party into the territorial sea, inland waters and inland waterways of the receiving Party shall be carried out in accordance with international treaties to which the Parties are parties and the legislation of the receiving Party.

2. The provision by the receiving Party of pilotage, tugboats, and port services to warships and auxiliary vessels of the sending Party is carried out by agreement between the competent authorities of the Parties.

3. In case of emergency situations (natural disasters, adverse meteorological conditions, malfunctions on board a warship or auxiliary vessel), the maritime (river) traffic management authorities of each of the Parties shall assist the warships and auxiliary vessels upon request from the relevant Parties. Search and rescue support is provided by the forces and means of the Parties free of charge.

Article 13

The military and other formations of the sending Party are allowed to use their own telecommunication systems, including, if necessary, laying communication cables, installing transceiver equipment, including using the necessary radio frequencies in agreement with the receiving Party, free of charge. In agreement with the receiving Party, military and other formations of the sending Party may be connected to the telephone, telegraph, fax communication networks of the receiving Party free of charge or at the most preferential rate.

Article 14

The participants of the exercises of the sending Party for the period of their temporary stay in the territory of the receiving Party related to participation in the exercises are not subject to the legislation of the receiving Party regulating the procedure for passport, visa and immigration control, stay and movement established for foreign citizens. Participants in the exercises of the sending Party are not considered to receive any right to permanent residence in the territory of the receiving Party.

Article 15

1. Military and other formations of the sending Party cross the state border at checkpoints agreed with the receiving Party according to personal lists of personnel and lists of movable property drawn up in the official languages of the sending and receiving Parties, certified by the authorized bodies of the sending Party, indicating the purpose of arrival and duration of stay on the territory of the receiving Party.

2. The sending Party shall provide the authorized bodies of the receiving Party with personal lists of personnel and lists of movable property of military and other formations at least 45 days before crossing the state border of the receiving Party for their early coordination with the competent authorities of the receiving Party.

3. A personal list of personnel and a list of movable property of a military or other formation shall be drawn up in accordance with the form set out in Annexes 1 and 2 to this Agreement.

4. Participants in the exercises cross the state border of the sending and receiving Parties upon presentation of their identity documents valid on the territory of the sending Party.

The receiving Party recognizes the valid identity documents of the citizens who are part of the participants in the exercises of the sending Party.

5. Individual participants in the exercises of the sending Party may not be allowed to enter the territory of the receiving Party in accordance with the legislation of the receiving Party.

6. The import (export) across the state border of the receiving Party of items intended for personal use, as well as foreign currency, by the participants of the exercises is carried out in accordance with the legislation of the receiving Party.

7. The customs authorities of the receiving Party shall carry out customs clearance and customs control of movable property of military and other formations imported (exported) across the customs borders of the receiving Party in a simplified manner without the application of prohibitions, restrictions and collection of customs duties, taxes and fees based on the submitted lists of movable property of military and other formations.

8. The customs authorities of each of the Parties may, in accordance with the procedure and under the conditions established by national legislation, conduct a personal search and baggage inspection of participants in the exercises and confiscate items prohibited or restricted for import and export, with the exception of items (property) included in the list of movable property of a military or other formation.

9. Packaged official documents of military and other formations of the Parties, provided with appropriate means of identification, are not subject to customs inspection. Information about the means of identification is provided in advance to the competent authorities of the sending and receiving Parties. The courier who moves the specified documents must have his/her authority confirmed and an order for their delivery certified by authorized persons of military and other formations.

Article 16

1. The competent authorities of the receiving Party have the right, in accordance with national legislation, to carry out quarantine measures with respect to personnel (including personal belongings) and movable property of military and other formations of the sending Party.

These measures are carried out in a simplified and priority manner.

2. The authorized body of the receiving Party shall notify the authorized body of the sending Party in advance of possible quarantine measures on the territory of the receiving Party, the purposes, procedure and timing of their implementation.

Article 17

1. The receiving Party shall exempt the sending Party from paying taxes on the movable property of its military and other formations.

2. The taxation of remuneration and other payments received by the participants of the exercises of the sending Party from the sources of the sending Party during their stay at the exercises in the territory of the receiving Party shall be carried out in accordance with the tax legislation of the sending Party.

Article 18

1. During exercises, military personnel of military and other formations of the Parties usually wear military uniforms and distinctive signs indicating their membership in the armed forces of the relevant Party, and persons from among civilian personnel who are part of military and other formations of the Parties - distinctive signs agreed upon by the authorized bodies of the Parties.

2. By agreement of the authorized bodies of the Parties, uniform distinctive signs may be installed for the participants of the exercises.

3. Vehicles, military and other equipment of military and other formations of the Parties during the exercises must have clearly visible registration numbers and distinctive signs indicating their nationality.

Article 19

1. The carrying of weapons by the participants of the exercises of the sending Party is allowed only in the areas of exercises when performing assigned tasks and when performing security functions in the places of deployment of military and other formations. The sending Party takes into account the requirements of the receiving Party regarding the rules of carrying and using weapons.

2. Military and other formations of the sending Party have the right to take appropriate measures to protect their places of deployment in accordance with the procedure in force in the armed forces of the sending Party, which is informed in advance by the authorized body of the receiving Party.

3. When military and other formations of the sending Side are moved outside the exercise areas, the security functions are performed by the receiving Side.

4. The sending Party shall immediately inform the receiving Party of cases of missing weapons and ammunition, as well as cases of non-return of participants in the exercises within the prescribed time to the locations of military and other formations of the sending Party.

Article 20

1. The Parties shall waive claims in respect of damage caused by the participants of the exercises to military and other formations in the performance of their official duties.

2. The procedure for compensation for damage caused by participants in the exercises to military and other formations not in the performance of their official duties is determined by separate agreements between the competent authorities of the relevant Parties. If the issue of compensation for damage is not resolved by agreement, the receiving Party has the right to consider it in accordance with national legislation.

3. The procedure for compensation of damage caused by participants in the exercises of the sending Party, individuals (citizens) or legal entities of the receiving Party, is determined by separate agreements between the competent authorities of the relevant Parties. If the issue of compensation for damage is not resolved through such arrangements, the receiving Party has the right to consider it in accordance with national legislation.

4. If the relevant Parties are responsible for the damage caused in accordance with paragraphs 2 and 3 of this Article, and the degree of liability cannot be determined, the compensation for the damage shall be distributed equally between the said Parties.

Article 21

1. Damage caused by military or other formations or a person belonging to them to a third party is compensated in accordance with the following provisions:

1) the legislation of the receiving Party is applied. The final decision on the payment of compensation or on the refusal to pay such compensation, made by the appropriate judicial authority of the receiving Party, is final.;

2) The receiving Party may arrange consultations with the participation of interested parties to resolve the claim of a third party.

2. Damage compensation payments are made in the currency of the receiving Party.

3. The Parties shall cooperate in order to obtain evidence and organize an impartial examination of claims in accordance with this article. By decision of the Parties, a commission may be established to investigate cases that have caused damage to a third party.

Article 22

1. The Parties shall be guided by the following principles in matters of jurisdiction over participants in the exercises of the sending Party:

1) in cases where a participant in the exercise commits crimes against his sending Party or its citizens, as well as when he commits a crime in the performance of his official duties, the jurisdiction of the sending Party shall be exercised.;

2) if a participant in the exercise commits a crime that does not fall under subparagraph 1) of paragraph 1 of this Article, the jurisdiction of the receiving Party shall be exercised.

2. The sending Party may carry out a preliminary investigation in the event that unidentified persons commit crimes against the sending Party or participants in the exercises of the sending Party at the locations of its military and other formations. When identifying the person who committed the crime, the procedure defined by this Agreement shall apply.

3. The competent authorities of the Parties shall assist each other in conducting investigations, in collecting and providing evidence related to crimes, in establishing the location (search), detention and arrest (detention) of participants in the exercises, suspected or accused of committing crimes.

4. The commanders of military and other formations of the Parties also have the right to carry out direct relations within their competence.

5. The sending Party shall immediately notify the receiving Party of the detention of a participant in the exercises of the receiving Party, as well as other persons.

6. The receiving Party shall immediately notify the sending Party of the detention of a participant in the exercises of the sending Party.

7. When detaining, making an arrest (taking into custody), carrying out other procedural actions, as well as when transferring a participant in an exercise or another person or providing legal assistance, the Parties are guided by international treaties to which they are parties and national legislation.

8. In each case, when criminal prosecution is carried out against a participant in the exercises of the sending Party by the receiving Party, the sending Party has the right to have its representative present at the trial, and the persecuted person has the right to:

1) prompt and prompt investigation and judicial proceedings;

2) receiving information about a specific charge against him from the beginning of the criminal prosecution;

3) a confrontation with prosecution witnesses and other participants in criminal proceedings;

4) involvement of defense witnesses if they are under the jurisdiction of the receiving Party;

5) legal assistance of your own choice or free assistance from a lawyer;

6) translation services, if the persecuted person considers it necessary;

7) maintaining communication with a representative of the sending Party.

9. The parties may request each other to transfer or accept cases of crimes committed by participants in the exercises. Such appeals will be dealt with promptly and favorably.

10. The competent authorities of the Parties, in accordance with international treaties to which the Parties are parties and national legislation, notify each other of the results of investigations and judicial proceedings in all criminal cases in respect of which the Parties have competing jurisdiction.

Article 23

1. The Parties shall not disseminate information that discloses the working methods of the governing bodies, the tactics of military and other formations, the specifics of the use and characteristics of weapons and military equipment, as well as other information about the exercises prohibited for dissemination by decision of the Parties.

2. The Parties do not use the information obtained during the exercises to the detriment of the interests of the other Party.

Article 24

Disputes and disagreements between the Parties concerning the interpretation and application of this Agreement are resolved through consultations and negotiations.

Article 25

With the consent of all Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols.

Article 26

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the Parties are parties.

Article 27

The SCO Secretariat is the depositary of this Agreement. Certified copies of this Agreement shall be sent by the depositary to the Parties within 15 days from the date of its signing.

Article 27-1

Upon entry into force, this Agreement is open for accession by any State that is a member of the Shanghai Cooperation Organization.

For the acceding State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

The Depositary shall notify the Parties of the date of entry into force of this Agreement in respect of the acceding State.

The footnote. The Law was supplemented by Article 27-1 in accordance with the Law of the Republic of Kazakhstan dated 12.10.2020 No. 366-VI.

Article 28

1. This Agreement shall be applied temporarily from the date of signature and shall enter into force from the date of receipt by the depositary of the last written notification that the Signatories have completed the internal procedures necessary for its entry into force.

2. This Agreement is concluded for an indefinite period.

3. Each of the Parties may withdraw from this Agreement by sending a written notification to the depositary at least 12 months before the expected withdrawal date.

The Depositary shall notify the Parties to this Agreement of such intention within 30 days from the date of receipt of the withdrawal notification.

Done in Bishkek on June 27, 2007, in one original copy in the Russian and Chinese 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

Annex 1 to the Agreement between the member States of the Shanghai Cooperation Organization on Joint Military Exercises

Form

PERSONAL LIST

personnel____________________________________________________,

(name of the military or other formation)

going to the territory (following transit through the territory)

________________________ for conducting a joint military exercise

(name of the State)

Date of entry _______________

Departure date _______________

n/a

Surname,

name,

patronymic

Paul

Date

births

Military

Rank

Post

Name,

series and number

the document,

certifying

personality

The personal list of personnel is signed and sealed by the authorized body of the sending Party.

Annex 2 to the Agreement between the member States of the Shanghai Cooperation Organization on Joint Military Exercises

Form

list

movable property_______________________________________________,

(name of the military or other formation)

going to the territory (following transit through the territory)

_________________________ for conducting a joint military exercise

(name of the State)

Date of importation _______________

Date of export_______________

n/a

Name of the movable

property

Unit

measurements

Quantity

I. Temporarily imported property

Weapons and military equipment

units.

Aircraft

units.

Warships and other navigational aids

units.

Special tools

units.

Other logistical assets

units.

II. Supplies used during the exercise

Ammunition

pc.

Imitation tools

pc.

Food supplies

Fuel and lubricants

Other consumables

...

The list of movable property is signed and sealed by the authorized body of the sending Party.

Reservation of the Republic of Kazakhstan on paragraph 1 of Article 28 of the Agreement between the member States of the Shanghai Cooperation Organization on Joint military exercises

For the Republic of Kazakhstan, this Agreement is temporarily applied from the date of signing in a part that does not contradict the national legislation of the Republic of Kazakhstan, and enters into force from the date of receipt by the depositary of the last written notification on the fulfillment by the signatories of the internal procedures necessary for its entry into force.

For the Republic of Kazakhstan

The RCPI's note. The text of the Agreement in Chinese is attached below.

President

Republic of Kazakhstan

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