On the ratification of the Agreement on Cooperation of the Member States of the Collective Security Treaty Organization in the field of information Security

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The Law of the Republic of Kazakhstan dated March 5, 2019 No. 234-VI SAM.

PRESS RELEASE

To ratify the Agreement on Cooperation of the member States of the Collective Security Treaty Organization in the field of information security, signed in Minsk on November 30, 2017.

President Republic of Kazakhstan

N. NAZARBAYEV

agreement on cooperation of the member States of the Collective Security Treaty Organization in the field of information security

(Entered into force on April 1, 2019 - Bulletin of International Treaties of the Republic of Kazakhstan 2019, No. 3, Article 30)

The member States of the Collective Security Treaty Organization, hereinafter also referred to as the Parties,

Guided by the provisions of the Collective Security Treaty of May 15, 1992, the Charter of the Collective Security Treaty Organization of October 7, 2002, the Collective Security Strategy of the Collective Security Treaty Organization for the period up to 2025, approved by the Decision of the CSTO Collective Security Council of October 14, 2016, and other decisions of the CSTO Collective Security Council aimed at unification efforts to improve the information security system in the interests of the Parties,

Expressing concern about the growing threats in the information space that could damage the national and collective security of the CSTO member states,

Guided by the universally recognized principles of international law, in order to maintain peace, international and regional security and stability,

Considering that ensuring information security is one of the priorities for ensuring the collective security of the CSTO member states,

Considering unacceptable destructive information impact using information infrastructure, the use of information technology to interfere in internal affairs, provoking threats to information security,

Striving to prevent the use of information technologies and resources to destabilize the situation on the territory of the Parties, in order to damage the security of critical structures,

Recognizing that trust and security in the use of information and communication technologies are among the fundamental foundations of the information society,

Striving to strengthen the legal and organizational foundations of cooperation between the Parties in the field of information security,

Considering it necessary to create conditions for the subsequent implementation of joint practical measures aimed at improving the information security system,

Supporting the formation of an information security culture based on respect for human rights and freedoms and the priority of preserving political, social and economic stability,

guided by the principles of priority of the state sovereignty of the CSTO member states,

Emphasizing that the information security of each of the Parties forms the information security of the CSTO and directly affects the state of collective security of the CSTO as a whole,

Recognizing the need to maintain a balance between fundamental human rights and freedoms and effectively countering threats to information security,

striving to ensure the protection of the interests of the Parties in the information space,

have agreed on the following:

Article 1

The purpose of this Agreement is to develop cooperation between the Parties in the interests of ensuring the information security of the CSTO member states.

To achieve the purpose of the Agreement, the Parties ensure:

- further development of the information security system of the CSTO member states on the basis of interstate cooperation and strengthening interagency cooperation between the Parties;

- improvement of mechanisms for countering threats in the information sphere;

- conducting joint events, including of a practical nature, aimed at strengthening information security and countering illegal activities in the information space of the CSTO member states;

- cooperation in matters of ensuring international information security;

- developing a coordinated position on ensuring international information security and participating in its promotion in the international arena;

- promoting the development and early adoption of universal rules, norms and principles of responsible state behavior in the information space under the auspices of the United Nations;

- mutual assistance in order to develop the technological basis (base) for ensuring information security of the Parties.

Article 2

For the purposes of this Agreement, the following terms and definitions are used:

"destructive information impact" is the use of information and communication technologies in order to disrupt the activities of government authorities, weaken national security, damage information and communication systems, networks and resources, critical and other structures, worsen interstate relations, create internal social- political tension, the destruction of traditional spiritual and moral values, the establishment of control over national information resources, the formation of the threat of emergency situations, causing other damage to the national interests of the CSTO member states;

Information protection is a set of legal, organizational, and technical measures aimed at ensuring the integrity, confidentiality, and accessibility of information.;

"information security" is the state of protection of individuals, society, the state and their interests from threats, destructive and other negative impacts in the information space.;

"information space" is a set of information infrastructure and information processed by it.;

"computer attack" is a targeted impact by software and hardware on information and communication systems, networks, resources, including automated control systems of critical structures, carried out in order to disrupt and (or) terminate their functioning and (or) create a threat to the security of the information they process.;

"computer incident" is the fact of a violation of the normal operation of an element of the information infrastructure or the information infrastructure as a whole.;

"critically important structures" are objects, systems and institutions of the state, the impact on which may have consequences directly affecting national security, including the security of individuals, society and the state.;

"information security system" is a set of legal, political, military, organizational, personnel, financial, scientific, technical and special measures aimed at ensuring information security.;

"threat to information security" is a factor (combination of factors) that creates (creates) danger to individuals, society, and the state in the information space.

Article 3

The Parties consider the main threats to information security to be:

the implementation of destructive information impact on the CSTO member states and the Organization as a whole;

the use of information and communication technologies by terrorist and extremist organizations, organized criminal groups (communities);

carrying out illegal activities using information and communication technologies.

Article 4

The parties cooperate in the field of information security in the following main areas::

cooperation in the development and promotion of the legal framework for cooperation, assistance in improving the international legal framework;

formation of practical mechanisms for joint response to information security threats;

development of confidence-building measures in the field of information security;

improving the technological basis for ensuring information security;

creating conditions for cooperation between the competent authorities of the Parties in order to implement this Agreement.

Article 5

The parties are making joint efforts to form the legal basis for cooperation and improve the international legal framework in the field of information security.:

Draft international treaties and other documents aimed at the implementation of this Agreement are being developed.;

improve the national regulatory legal framework of the Parties in the field of information security;

develop proposals for the harmonization of the national legislation of the Parties regulating information security;

the standards governing liability for violations in the field of information security are being improved;

Legal measures to counter illegal activities in the information sphere are being improved.

Article 6

The Parties shall promote the formation of practical mechanisms for joint response to threats to information security.:

They make joint efforts to identify, prevent and neutralize threats to information security, and eliminate the consequences of their manifestations.;

ensure the planning and implementation of coordinated information security measures;

If necessary, they cooperate in protecting critical structures.;

They cooperate to counteract destructive information influence.;

they counteract the implementation of illegal activities in the information space;

Implement measures independently or upon appropriate request to prevent a third party from using the territory and (or) information infrastructure under the jurisdiction of a CSTO member state to exert destructive information influence, including computer attacks, on another CSTO member state.;

They cooperate in the interests of determining the source of computer attacks carried out using their territory, countering these attacks and eliminating the consequences.;

they counteract the creation and distribution of malicious software;

They share their experience in developing criteria for identifying information resources used for illegal purposes, identifying and blocking them.;

they cooperate in training personnel in the field of information security.

Article 7

The Parties, developing confidence-building measures in the field of information security:

They provide information exchange and mutual notification of information security threats and their sources, computer incidents, and response measures, including elimination of consequences.;

In accordance with national legislation, they provide the requested information necessary to investigate illegal acts within the scope of the Agreement.;

They share their experience in the prevention, legal proceedings and elimination of the consequences of illegal acts using information technology, countering threats to information security.;

facilitate the exchange of information on signs, facts, methods and means of using public communication networks for terrorist and other illegal purposes;

they carry out, in accordance with national legislation, the exchange of research results, information, analytical and reference materials, and regulatory legal acts in the field of information security;

they stimulate scientific and technical developments in the field of information security.

Article 8

The Parties shall take agreed measures to improve the technological basis for ensuring information security.:

They support the creation of joint as well as compatible information security systems.;

promote the harmonization of technical requirements for information security;

assist the Parties in matters related to the provision of information security software and hardware and their modernization.

Article 9

Practical cooperation between the competent authorities of the Parties in order to implement this Agreement is carried out in accordance with international legal acts adopted within the framework of the CSTO.

Article 10

The Parties shall ensure the protection of information transmitted or created during cooperation under this Agreement, the access and dissemination of which is restricted in accordance with the legislation of the Parties.

The protection of such information is carried out in accordance with the legislation and (or) the relevant mutual obligations of the Parties under other multilateral agreements adopted in the CSTO, and the regulatory legal acts of the receiving Party.

The information received is not disclosed or transmitted to a third party without the written consent of the transmitting Party, which is the source of this information.

The procedure for the exchange, conditions and measures for the protection of information constituting a state secret (secrets) During the implementation of this Agreement, the Parties are determined by the Agreement on Mutual Security of Classified Information within the framework of the Collective Security Treaty Organization dated June 18, 2004.

Article 11

The provisions of this Agreement do not affect the rights and obligations of each of the Parties arising from other international treaties to which they are parties.

Article 12

This Agreement is valid for the duration of the Collective Security Treaty of May 15, 1992, unless the Parties decide otherwise.

Article 13

This Agreement may be amended and supplemented by mutual agreement of the Parties, which are an integral part of it, which are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 16 of this Agreement.

Article 14

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

During such consultations and negotiations, the Parties shall continue to fulfill their obligations in accordance with the provisions of this Agreement.

Article 15

The Parties shall independently bear the costs of the participation of their representatives and experts in the relevant activities for the implementation of this Agreement.

With respect to other expenses related to the execution of this Agreement, the Parties may, in each individual case, agree on a different financing procedure in accordance with the legislation of the Parties.

Article 16

This Agreement shall enter into force on the date of receipt by the depositary of the fourth written notification that the signatory Parties have completed the internal procedures necessary for its entry into force.

For the Parties who have completed the necessary internal procedures later, this Agreement shall enter into force on the date of delivery of the relevant written notification to the depositary.

Article 17

Each Party may withdraw from this Agreement, we will send a written notification to the depositary no later than 6 months before the withdrawal, having settled all obligations that have arisen during the validity of this Agreement.

The Secretary General of the Collective Security Treaty Organization shall notify the Parties of the withdrawal of a Party from the Agreement and the termination of its validity for that Party.

Done in Minsk on November 30, 2017 in one original copy in Russian. The original copy of this Agreement shall be kept at the Secretariat of the Collective Security Treaty Organization, which will send a certified copy to each signatory State.

For the Republic of Armenia

For the Kyrgyz Republic

For the Republic of Belarus

For the Russian Federation

For the Republic of Kazakhstan

For the Republic of Tajikistan

President

Republic of Kazakhstan

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