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On the ratification of the Agreement on Cooperation in the Field of Security in the Caspian Sea

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the ratification of the Agreement on Cooperation in the Field of Security in the Caspian Sea

The Law of the Republic of Kazakhstan dated June 30, 2014 No. 221-V SAM.

      To ratify the Agreement on Cooperation in the Field of Security in the Caspian Sea, signed in Baku on November 18, 2010.

President

 

Republic of Kazakhstan

N. NAZARBAYEV

 

Agreement on Cooperation in the field of Security in the Caspian Sea

     The Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan, hereinafter referred to as the Parties,

     Based on universally recognized norms and principles of international law, including those enshrined in the Charter of the United Nations, including respect for independence, sovereignty, territorial integrity, inviolability of borders, non-use of force or threat of force, non-interference in each other's internal affairs and cooperation between States,

     Aware of their responsibility to the present and future generations for the preservation of the Caspian Sea and the sustainable development of the region,

     Guided by the desire to deepen and expand good-neighborly relations between the Parties,

     Expressing their readiness to contribute to regional security and stability, the development and strengthening of cooperation in the use of the Caspian Sea exclusively for peaceful purposes,

     Taking into account the principles and provisions of the Declaration of the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan, adopted during the Second Summit of the Caspian Littoral States in Tehran on October 16, 2007,

     Declaring the Caspian Sea a sea of peace, stability, friendship and good neighborliness,

     have agreed on the following:

ARTICLE 1

     Ensuring security in the Caspian Sea is the prerogative of the Caspian littoral States.

ARTICLE 2

     1. Within the framework of this Agreement, the Parties shall cooperate in the following areas::

     - Fight against terrorism;

     - Fight against organized crime;

     - combating the illegal trafficking of weapons of all kinds and ammunition, explosives and toxic substances, and military equipment;

     - Combating illicit trafficking in narcotic drugs, psychotropic substances and their precursors;

     - combating money laundering, including criminally obtained funds;

     - fight against smuggling;

     - Ensuring the safety of maritime navigation and combating piracy;

     - Combating human trafficking and illegal migration;

     - combating illegal extraction of biological resources (poaching);

     - ensuring the safety of navigation.

     2. Within the framework of this Agreement, the Parties shall cooperate in other areas relevant to the subject matter of this Agreement and of mutual interest, with the exception of military aspects of security.

     3. The Parties shall interact in accordance with this Agreement and its Protocols, other applicable international treaties to which they are parties, as well as their legislation.

     Nothing in this Agreement should be considered as prejudging the legal status of the Caspian Sea.

ARTICLE 3

     1. The Parties shall appoint the following competent authorities that participate in the implementation of this Agreement within their competence:

Azerbaijani

Republic:

The Ministry of Internal Affairs, the Ministry of National Security, the Ministry of Ecology and Natural Resources, the Ministry of Transport, the State Border Guard Service, the State Customs Committee, the State Maritime Administration, the State Migration Service.

Islamic

The Republic of Iran:

The Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Defense, the Ministry of Roads and Transportation, the Ministry of Agriculture, the Ministry of Economic Affairs and Finance, the Environmental Protection Organization, the Headquarters for the Fight against Drugs.

Republic

Kazakhstan:

The National Security Committee, the Ministry of Internal Affairs, the Customs Control Committee of the Ministry of Finance, the Ministry of Agriculture, the Ministry of Transport and Communications, the Ministry of Environmental Protection, the Prosecutor General's Office, the Agency for Combating Economic and Corruption Crimes (Financial Police), the Ministry of Defense, the Ministry of Justice.

Russian

The Federation:

The Federal Security Service of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Federal Customs Service, the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, the Ministry of Transport of the Russian Federation, the Federal Drug Control Service of the Russian Federation, the Federal Migration Service.

Turkmenistan:

The Ministry of National Security, the Ministry of Internal Affairs, the State Border Guard Service, the State Migration Service, the State Customs Service, the State Drug Control Service.

 

      2. Upon depositing the instruments of ratification, the Parties shall notify the Depositary of the central competent authorities responsible for cooperation in specific areas provided for in paragraph 1 of Article 2 of this Agreement and of the authorized body responsible for coordinating cooperation under this Agreement.

     3. The Parties shall immediately inform each other through the Depositary in the event of a change in their authorized and competent authorities.

ARTICLE 4

      1. The interaction of the competent authorities of the Parties under this Agreement is carried out in bilateral and multilateral formats without prejudice to the interests of other Parties and involves the exchange of information, meetings and consultations, exchange of work experience, as well as coordinated activities in the areas specified in Article 2 of this Agreement.

     2. The interaction of the competent authorities of the Parties may be carried out in other forms agreed between the Parties.

      3. In order to cooperate, the competent authorities of the Parties shall conclude protocols on cooperation in the areas specified in Article 2 of this Agreement.

ARTICLE 5

     The exchange of information under this Agreement is carried out on the basis of requests for assistance sent in writing. In urgent cases, requests can be made through established means of communication, followed by written confirmation within 72 hours.

ARTICLE 6

     1. The provision of information under this Agreement may be refused in whole or in part if the requested competent authority of the Party believes that the execution of the request may harm national interests or contradict the legislation or international obligations of its State.

      2. In the cases provided for in paragraph 1 of this Article, the competent authorities of the Parties shall promptly inform each other in writing of the refusal to provide assistance.

     3. If the execution of the request does not fall within the competence of the requested competent authority, the latter shall immediately transmit it to the relevant competent authority of its State, followed by informing the requesting competent authority.

ARTICLE 7

     1. Each competent authority ensures the confidentiality of information and documents received from another competent authority, if the transmitting competent authority considers it undesirable to disclose them. The degree of confidentiality of such information and documents is determined by the competent authority providing this information and documents.

     2. The competent authority of the Party that received the information may use the information only for the purpose and under the conditions determined by the competent authority of the Party that provided the information.

     3. The competent authority of the Party that received the information shall inform the competent authority of the Party that provided the information about the use of the information received and the results achieved.

     4. The obligations of the competent authorities of the Parties regarding confidentiality shall remain in force, including after the termination of this Agreement or withdrawal from it by either Party, as long as the competent authority. The Party that provided such information will not release the competent authority of the other Party from complying with such an obligation.

ARTICLE 8

     Each Party shall independently bear the costs associated with the implementation of this Agreement, unless a different procedure has been agreed in each specific case.

ARTICLE 9

     1. In order to consider issues related to the implementation of this Agreement and resolve problems that may arise during the course of interaction, the competent authorities of the Parties shall hold meetings and consultations as necessary, but at least once a year.

     2. Annual consultations are held in rotation for each of the Parties, which performs the functions of the Chairman-in-Office during the year.

     3. The issues proposed for discussion are agreed upon in advance.

ARTICLE 10

     1. The interaction of the competent authorities of the Parties within the framework of this Agreement is carried out in Russian or English.

     2. The competent authorities may use their official/official language in correspondence related to the implementation of this Agreement, accompanied by a translation into Russian or English, unless they have agreed otherwise.

ARTICLE 11

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

ARTICLE 12

     Any disputes related to the interpretation or application of the provisions of this Agreement shall be resolved through consultations and negotiations between the Parties.

ARTICLE 13

     1. The provisions of this Agreement may be amended or supplemented by mutual agreement of the Parties.

2. Amendments and additions to this Agreement are an integral part of it and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 15 of this Agreement.

ARTICLE 14

     The Republic of Azerbaijan is the depositary of this Agreement.

ARTICLE 15

     1. This Agreement is subject to ratification. The instruments of ratification shall be deposited with the Depositary. This Agreement shall enter into force on the thirtieth day after the date of receipt by the Depositary of the last instrument of ratification.

     2. Each of the Parties may withdraw from this Agreement by notifying the Depositary. For this Party, this Agreement will be valid until the expiration of 12 months from the date of receipt by the Depositary of such notification.

     Done in Baku on November 18, 2010, in one original copy in Azerbaijani, Farsi, Kazakh, Russian, Turkmen and English, all texts being equally authentic.

     In case of disagreement, the Parties refer to the English text.

     The original copy shall be deposited with the Depositary, who shall send certified copies of this Agreement to all Parties.

For the Republic of Azerbaijan    

 

For the Islamic Republic of Iran    

 

For the Republic of Kazakhstan      

 

For the Russian Federation    

 

For Turkmenistan      

 

      RCPI's note!        The following is the text of the Agreement in Azerbaijani, Farsi, Turkmen and English.  

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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