On the ratification of the Agreement of the Member States of the Commonwealth of Independent States on Cooperation in the Logistical Support of Competent Authorities Engaged in Combating Terrorism and Other Violent Manifestations of Extremism

Home / RLA / On the ratification of the Agreement of the Member States of the Commonwealth of Independent States on Cooperation in the Logistical Support of Competent Authorities Engaged in Combating Terrorism and Other Violent Manifestations of Extremism

On the ratification of the Agreement of the Member States of the Commonwealth of Independent States on Cooperation in the Logistical Support of Competent Authorities Engaged in Combating Terrorism and Other Violent Manifestations of Extremism

The Law of the Republic of Kazakhstan dated February 8, 2019 No. 224-VI SAM.

To ratify the Agreement of the member States of the Commonwealth of Independent States on cooperation in the logistical support of competent authorities engaged in combating terrorism and Other Violent Manifestations of extremism, committed in Ashgabat on December 5, 2012.

President Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT OF the Member States of the Commonwealth of Independent States on cooperation in the logistical support of competent authorities engaged in combating terrorism and other violent manifestations of extremism

(Entered into force on March 24, 2019, Bulletin of International Treaties of the Republic of Kazakhstan, 2019, No. 2, Article 25)

The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,

Guided by the provisions of the Treaty on Cooperation of the Member States of the Commonwealth of Independent States in Combating Terrorism of June 4, 1999,

Recognizing the need for a coordinated policy in the field of logistical support for competent authorities engaged in combating terrorism and other violent manifestations of extremism,

Guided by the intention to create equal and preferential conditions for these purposes for the comprehensive equipping of competent authorities engaged in combating terrorism and other violent manifestations of extremism with special equipment, special means and materials to ensure,

have agreed on the following:

Article 1

For the purposes of this Agreement, the following terms mean: anti-terrorist units - specially authorized units of the competent authorities of the Parties, whose functions include the prevention, detection, suppression of terrorist activities, other violent manifestations of extremism and minimizing their consequences.;

purchase and supply on preferential terms - purchase and supply of special equipment, special equipment and supplies at prices formed in the state for the own needs of the competent authorities;

competent authorities - security agencies, special services, law enforcement agencies and other government agencies of the Parties with anti-terrorist units in their structure;

support materials - logistical and transportation means, equipment of anti-terrorist units, including weapons and ammunition, which are not classified as military products by the national legislation of the Parties.;

logistical support is the purchase and supply of special equipment, special equipment and support materials on the basis of agreements (contracts) concluded between competent authorities;

special tools - various kinds of products specially designed and intended for use by the competent authorities of the Parties in order to have a non-lethal reversible effect on an object when repelling an attack, suppressing the commission of a crime, resisting, searching, detaining, delivering detainees, preventing escape from custody, freeing hostages, seized buildings, premises, structures, vehicles and land, suppression of mass riots, stopping of vehicles, adopted by the competent authorities of the Parties, not classified by the national legislation of the Parties as military products;

special equipment - means of communication, information protection, technical means of information and telecommunication systems, means of radio control, specialized geographically distributed automated systems, typical local computer networks, life support equipment, personal protective equipment, including body armor, operational, forensic and search equipment, engineering and technical means, security, surveillance and control systems, operational and service transport, technical means of ensuring road safety, as well as other technical means and their components adopted by the competent authorities of the Parties, which are not classified by the national legislation of the Parties as military products.

Article 2

The Parties shall cooperate through competent authorities, the list of which shall be determined by each Party and transmitted to the depositary upon deposit of a notification on the implementation of internal procedures necessary for the entry into force of this Agreement.

Each of the Parties shall notify the depositary in writing of changes to the list of competent authorities within one month.

Article 3

Cooperation between the competent authorities of the Parties is carried out through the execution of requests for the purchase and supply, including on preferential terms, of special equipment, special means and support materials (hereinafter referred to as the request) or sending information about them.

Information about the possibility of purchase and delivery may be transferred to the other Party on its own initiative, if there is reason to believe that the special equipment, special means and materials available to the competent authorities of the Parties are of interest to this Party.

If there are doubts about the request or information regarding its authenticity or content, the competent authorities of the Parties may request their confirmation or clarification.

The request is sent in writing, signed by the head of the competent authority and certified by the stamp of the requesting competent authority.

Article 4

The competent authority of the requested Party shall take all necessary measures to ensure full, timely and high-quality execution of the request.

The request is executed, as a rule, within a period not exceeding 30 days from the date of its receipt.

The competent authority of the requesting Party is immediately notified of the circumstances preventing or delaying the execution of the request.

If the execution of the request does not fall within the competence of the authority that received the request, that authority shall forward it to the appropriate competent authority of the requested Party and notify the competent authority of the requesting Party accordingly.

If the information specified in the request is insufficient for its execution, the competent authority of the requested Party has the right to request additional information necessary for the proper execution of the request.

Article 5

The execution of the request may be refused in whole or in part if the competent authority of the requested Party believes that the execution of the request may damage sovereignty, security, law and order, or contradict national legislation and/or international obligations of its State, as well as entail a violation of the rights, freedoms and legitimate interests of citizens.

The competent authority of the requesting Party shall be immediately notified in writing of the complete or partial refusal to execute the request, indicating the justified reasons for the refusal.

Article 6

Information on the execution of a request may not be used without the consent of the competent authority of the requested Party that provided it for purposes other than those for which it was requested and provided.

The competent authority of the requesting Party may use information about the execution of the request for other purposes only with the written consent of the competent authority of the requested Party. In such cases, the competent authority of the requesting Party shall comply with the restrictions on the use of information on the execution of the request established by the competent authority of the requested Party.

In order to transfer to a third party information received by the competent authority of one Party during the implementation of this Agreement, the written consent of the competent authority of the other Party who provided this information is required.

Article 7

Expenses related to the implementation of this Agreement shall be carried out at the expense of funds provided to the competent authorities for these purposes.

When purchasing and supplying special equipment, special equipment and support materials on preferential terms in accordance with this Agreement, the Parties shall determine the terms and forms of settlements.

Article 8

When transporting special equipment, special equipment and support materials supplied as part of the implementation of this Agreement, the Parties shall apply the conditions of import, export or transit, including preferential tariffs established for similar transportation of special equipment, special equipment and support materials in accordance with the requirements of the national legislation of the Party through whose territory the transportation route passes.

The transit Party shall ensure the priority procedure for the movement of special equipment, special equipment and support materials supplied in accordance with this Agreement on the basis of a request from the supplying Party or the receiving Party.

Article 9

The receiving Party shall not sell or transfer special equipment, special facilities and support materials supplied under this Agreement to third parties, legal entities and individuals without the written consent of the supplying Party.

Article 10

The Parties, in accordance with national legislation, shall take the necessary measures to preserve information of limited distribution obtained as a result of cooperation under this Agreement.

Issues of protection of information constituting state secrets (state secrets) are regulated by agreements concluded between the Parties.

Article 11

This Agreement does not affect the rights and obligations of each of the Parties arising for it from other international treaties to which it is a party.

Article 12

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol.

Article 13

Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned or through another procedure agreed upon by the Parties.

Article 14

This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.

For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 15

After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States by submitting an instrument of accession to the depositary.

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

Article 16

This Agreement is concluded for an indefinite period.

Each of the Parties has the right to withdraw from this Agreement by sending a written notification to the depositary of its intention no later than 6 months before the withdrawal and settling financial and other obligations that have arisen during the validity of this Agreement.

Article 17

The competent authorities of the Parties shall use Russian as their working language when carrying out cooperation under this Agreement.

Done in Ashgabat on December 5, 2012, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Republic of Azerbaijan

For the Russian Federation

For the Republic of Armenia

For the Republic of Tajikistan

For the Republic of Belarus

For Turkmenistan

For the Republic of Kazakhstan

For the Republic of Uzbekistan

For the Kyrgyz Republic

For Ukraine

For the Republic of Moldova

RESERVATION Republic of Moldova to the Decision of the Council of Heads of State of the Member States of the Commonwealth of Independent States "On the Agreement of the Member States of the Commonwealth of Independent States on cooperation in the logistical support of competent authorities engaged in combating terrorism and other violent manifestations of extremism"

December 5, 2012, Ashgabat

The Republic of Moldova will regulate the protection of information constituting state secrets (state secrets) in accordance with national legislation and/or bilateral agreements.

Vladimir Filat The Prime Minister

I hereby certify that the attached text is an authentic copy of the Agreement of the member States of the Commonwealth of Independent States on cooperation in the logistical support of Competent Authorities engaged in Combating Terrorism and Other Violent Manifestations of Extremism, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which was held on December 5, 2012 in the city of Ashgabat. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

First Deputy Chairman of the Executive Committee CIS Executive Secretary

V. Garkun

President

Republic of Kazakhstan

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