On the Ratification of the Agreement on Cooperation and Cooperation between the Member States of the Shanghai Cooperation Organization on Border Issues

Home / RLA / On the Ratification of the Agreement on Cooperation and Cooperation between the Member States of the Shanghai Cooperation Organization on Border Issues

The Law of the Republic of Kazakhstan dated March 15, 2016 No. 471-V SAM.

 To ratify the Agreement on Cooperation and Interaction of the Shanghai Cooperation Organization Member States on Border Issues, signed in Ufa on July 10, 2015.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on Cooperation and Cooperation between the Member States of the Shanghai Cooperation Organization on Border Issues

(Entered into force on October 29, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 2, Article 20)

The Member States of the Shanghai Cooperation Organization, hereinafter referred to as the Parties,

 Guided by the provisions of the Agreement on Cooperation in the Field of Identifying and Blocking Channels of Entry into the Territories of the Member States of the Shanghai Cooperation Organization of Persons Involved in Terrorist, Separatist and Extremist Activities dated June 15, 2006,

guided by national legislation and generally recognized principles and norms of international law,

in order to strengthen cooperation and cooperation in the field of state border protection and security in the border territories of the Parties,

based on mutual interest in taking effective measures aimed at countering threats in the border area,

have agreed on the following:

Article 1

For the purposes of this Agreement, the terms used therein mean:

"Border activity" means the activities of the competent authorities of the Parties carried out in accordance with national legislation on the protection of the state border and the passage of persons, vehicles, goods, animals and plants through it.;

"Border territory" means the territory of each of the Parties adjacent to the state border, border rivers, lakes and other bodies of water, the coast of the sea, where border activities are carried out in accordance with the legislation of the Parties, as well as the territories of checkpoints across the state border.

Article 2

The competent authorities of the Parties responsible for the implementation of this Agreement (hereinafter referred to as the competent authorities) are:

from the Republic of Kazakhstan - National Security Committee of the Republic of Kazakhstan;

from the People's Republic of China - Ministry of Public Security of the People's Republic of China;

from the Kyrgyz Republic - The State Border Guard Service of the Kyrgyz Republic;

from the Russian Federation - The Federal Security Service of the Russian Federation;

from the Republic of Tajikistan - The State Committee for National Security of the Republic of Tajikistan;

from the Republic of Uzbekistan - the National Security Service of the Republic of Uzbekistan.

The Parties shall immediately notify the depositary through diplomatic channels of the change in their competent authorities.

The coordination of cooperation and interaction between the competent authorities of the Parties is carried out by the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.

Article 3

The Parties, taking into account mutual interests, on the basis of national legislation, generally recognized principles and norms of international law, shall cooperate and cooperate in order to:

 - ensuring the security of the Parties in the border areas;

 - increasing the capabilities of the competent authorities of the Parties in the field of state border protection;

 - coordinating the efforts of the competent authorities of the Parties in identifying, preventing and suppressing illegal activities at the state borders;

 - combating terrorism, extremism and separatism, illicit trafficking in weapons, ammunition, explosives and toxic substances, radioactive materials, narcotic drugs, psychotropic substances and their precursors, illegal migration and other transnational crime in the border area;

 - development of the contractual and legal framework of the Parties on border issues.

Article 4

Cooperation and cooperation within the framework of this Agreement is carried out in the following areas::

 - Planning and implementation of coordinated border activities;

 - information exchange;

- professional training, retraining and advanced training of personnel of competent authorities in accordance with international treaties;

- other activities of the competent authorities that are of mutual interest and do not contradict the national legislation of the Parties.

Article 5

Cooperation and interaction within the framework of this Agreement is carried out in the following forms::

 - carrying out coordinated measures by the competent authorities of the Parties in their border territories;

 - exchange of information about the situation in the border area, including upcoming or committed violations of the state border regime, as well as other information about illegal activities in the border area;

 - exchange of experience in ensuring the regime of the state border, the border regime and the regime at checkpoints across the state border;

 - exchange of legislative and other normative legal acts, including samples of documents of each Party for the right of entry (exit) to the territory of its state, methodological recommendations on countering threats in the border area;

 - holding meetings, conferences, seminars and other working meetings.

Article 6

Meetings of the heads of the competent authorities of the Parties or their deputies on border issues are held to coordinate the implementation of this Agreement.

These meetings are held at least once a year under the leadership of the Party chairing the Council of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.

Extraordinary meetings may be held at the initiative of the competent authority of one of the Parties.

If necessary, working meetings of experts from the competent authorities of the Parties are held between meetings.

For operational cooperation, the competent authorities of the Parties will identify authorized units and communication methods, which they will inform the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.

Article 7

Information exchange under this Agreement is carried out through the Executive Committee of the Regional Anti-Terrorism Structure of the Shanghai Cooperation Organization.

Meetings of heads and experts of the competent authorities of the Parties, business correspondence, and technical means of information transmission are used for information exchange.

Information obtained during the implementation of this Agreement may not be transferred to a third party without the written consent of the competent authority from which it was received.

The degree of information secrecy is determined by the competent authority of the transmitting Party.

 The transfer and protection of classified information under this Agreement is carried out in accordance with the provisions of the Agreement on Ensuring the Protection of Classified Information within the Framework of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization dated June 17, 2004.

Article 8

The Parties shall bear the costs associated with the implementation of this Agreement independently, unless otherwise agreed.

Article 9

Disputes and disagreements arising in connection with the interpretation and/or application of the provisions of this Agreement shall be resolved through consultations and negotiations.

Article 10

When carrying out cooperation under this Agreement, the Parties use Chinese and Russian as working languages.

Article 11

This Agreement may be amended by agreement of the Parties, which are formalized in separate protocols.

Article 12

The depositary of this Agreement is the Secretariat of the Shanghai Cooperation Organization, which will send a certified copy to the Parties.

Article 13

This Agreement is concluded for an indefinite period and enters into force on the thirtieth day after the date of receipt by the depositary of the fourth written notification on the completion by the Parties of the internal procedures necessary for its entry into force.

For the Signatories of this Agreement who have completed the necessary internal procedures later, this Agreement shall enter into force on the date of receipt by the depositary of their respective notifications.

Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than six months before the expected withdrawal date. The Depositary shall notify the other Parties of this intention within 30 days from the date of receipt of such notification of withdrawal.

The withdrawal of a Party from this Agreement does not affect its rights and obligations arising from the implementation of this Agreement.

Article 14

After its 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.

Done in Ufa on July 10, 2015, in a single 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

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

President

Republic of Kazakhstan

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