On the ratification of the Agreement on the Data Bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization

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Law of the Republic of Kazakhstan dated May 22, 2006 No. 142

To ratify the Agreement on the Data Bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, signed in Tashkent on June 17, 2004.

President of the Republic of Kazakhstan

AGREEMENT on the data bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization

Officially certified text

The member States of the Shanghai Cooperation Organization, which are parties to the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, hereinafter referred to as the Parties, guided by By the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of June 7, 2002, striving to ensure appropriate conditions for the effective operation of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization (hereinafter - Regional Anti-Terrorist Structure), agreed on the following:

Article 1

1. In order to ensure information interaction between specially authorized bodies of the Parties and to increase its level, as well as to provide the Parties with information on issues within the competence of the Regional Anti-Terrorist Structure, the Parties shall establish in the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization (hereinafter referred to as the Executive Committee) a database of the Regional Anti-Terrorist Structure (hereinafter referred to as the database) and they use the information available in it. 2. The database operates on the basis of an automated information system using computer technology, as well as through the accumulation of documentary materials on hard (paper) and other media.

Article 2

1. The Parties shall identify specially authorized bodies that interact on issues related to the functioning of the database, and notify the Executive Committee in writing within 60 days after completing the internal procedures necessary for the entry into force of this Agreement. 2. In case of replacement of a specially authorized body, a written notification of this is sent to the Executive Committee within 10 days. 3. The information contained in the database is divided into secret and unclassified. 4. Access to classified information is provided only to Parties that are parties to the Agreement on the Protection of Classified Information in the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization. 5. The structure of the database, the procedure for handling unclassified information and access to it are determined by the Council of the Regional Anti-Terrorist Structure. 6. Issues related to the technical protection of information contained in the database are regulated by a separate Agreement.

Article 3

1. The database is formed from information related to the competence of the Regional Anti-Terrorist Structure received from specially authorized bodies of the Parties, as well as from bodies of the Shanghai Cooperation Organization and from other sources, including mass media, print media, telecommunications systems and the international computer network Internet. 2. The database accumulates information about international terrorist, separatist and extremist organizations, their structure, forms and methods of activity, leaders, participants and other persons involved in these organizations, as well as about the sources and channels of financing these organizations, including illicit trafficking in narcotic drugs, psychotropic substances and their precursors; about the status, dynamics and trends in the spread of terrorism, separatism and extremism; on organizations and persons providing support to terrorist, separatist and extremist organizations; on measures to counter terrorism, separatism and extremism; on the national legislation of the Parties, including regulating the activities of competent authorities cooperating with the Regional Anti-Terrorist Structure; on committed terrorist acts, forms and methods of their implementation; on the use of explosive devices (components of explosive materials), weapons, ammunition, toxic and other substances in the commission of terrorist acts.

Article 4

1. In order to obtain information for the database, the Executive Committee may send requests to one or more specially authorized bodies, either on the initiative of any of them or on its own initiative. 2. The Executive Committee, upon relevant requests from specially authorized bodies, provides the necessary information available in the database within 30 days. 3. The Executive Committee shall send a register of information and materials available in the database to the specially authorized bodies on a quarterly basis. 4. The procedure for executing requests from the Executive Committee for information is regulated by the national legislation of the executing Party. The deadline for executing requests should not exceed 30 days. 5. Requests are executed in the languages specified in Article 7 of this Agreement. 6. Specially authorized bodies send information to the database as soon as it is received, and ensure its maximum possible completeness and reliability. The information provided is used by specially authorized bodies without prejudice to the interests of the Parties and the Regional Anti-Terrorism Structure.

Article 5

The Executive Committee provides organizational and technical support for the operation of the database, including: management and operation of the data bank; development and implementation of instructions on the procedure for accessing the data bank, its operation, handling information media for the data bank and information protection, which are approved by the Council of the Regional Anti-Terrorist Structure; information protection and control over information exchange within the data bank.

Article 6

Expenses related to the creation, operation, and development of the database, as well as the implementation of measures to protect the information contained therein, are funded from the budget of the Shanghai Cooperation Organization for the activities of the Regional Anti-Terrorist Structure.

Article 7

The database can be created in Russian and Chinese.

Article 8

This Agreement may, with the consent of the Parties, be amended in the form of protocols, which are integral parts of this Agreement and enter into force in accordance with the procedure established by Article 10 of this Agreement.

Article 9

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

Article 10

1. This Agreement shall be concluded for an indefinite period and shall enter into force on the 30th 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 the entry into force of this Agreement. 2. The depositary of this Agreement is the Secretariat of the Shanghai Cooperation Organization, which will send a certified copy to the Parties. 3. This Agreement is open for accession by States that are parties to the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001. For the acceding State, this Agreement shall enter into force on the 30th day after the date of receipt by the depositary of the instrument of its accession. 4. This Agreement remains in force with respect to either Party as long as it is a member State of the Shanghai Cooperation Organization. Done in Tashkent on June 17, 2004, in one original copy in the Chinese and Russian 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

I hereby certify that this text is an authentic copy from a certified copy of the Agreement on the Database of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, signed on June 17, 2004 in Tashkent in Russian.

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

The RCPI's note. The text of the Agreement in Russian is duplicated in Chinese (see the paper version).

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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