On the ratification of the Agreement on the Legal Status of the Collective Security Treaty Organization

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The Law of the Republic of Kazakhstan dated July 2, 2003 No. 450.

To ratify the Agreement on the Legal Status of the Collective Security Treaty Organization, signed in Chisinau on October 7, 2002.

President

Republic of Kazakhstan

Agreement on the legal status of the organization Collective Security Treaty

The States parties to the Collective Security Treaty,

Based on the Collective Security Treaty of May 15, 1992 (hereinafter referred to as the Treaty),

guided by the generally recognized principles of international law,

Desiring to provide the necessary conditions for the effective implementation of the goals and principles of the Collective Security Treaty Organization (hereinafter referred to as the Organization),

have agreed on the following:

Article 1

For the purposes of this Agreement, the following terms mean:

"Parties" - the States Parties to this Agreement;

"Member States" - Member States of the Organization;

The "Council" is a Collective Security Council formed in accordance with Chapter IV of the Organization's Charter.;

"host State" means the Member State in whose territory the Organization's Secretariat is located or its event is held.;

The "organs of the Organization" are the Collective Security Council, the Council of Foreign Ministers, the Council of Defense Ministers, and the Committee of Secretaries of the Security Councils of the Organization's Member States.;

representatives of the Member States" — representatives of the Member States of the Organization, including heads and members of delegations participating in events held within the framework of the Organization, with the exception of Permanent and Plenipotentiary Representatives of the Member States to the Organization.;

"Permanent and Plenipotentiary Representative to the Organization" (hereinafter referred to as the Permanent Representative) is a representative appointed by a Member State of the Organization in accordance with its national legislation, endowed by the sending State with the necessary powers to work on issues of the Organization and to serve on the Permanent Council established in accordance with Chapter IV of the Charter of the Organization.;

"permanent Mission of a Member State to the Organization" (Representative Office) is a permanent mission headed by a Permanent Representative sent by a Member State of the Organization to represent its interests in the Organization.;

"premises of the Representative Office" - buildings or parts thereof used for the purposes of the representative office, including the residence of the head of the representative office, as well as land plots related to them, whoever owns the ownership right to them.;

"employees of the Representative Office" - the Permanent Representative and members of the staff of the Representative Office;

"members of the staff of the Mission" - members of the diplomatic staff, administrative and technical staff and service staff of the Mission;

"members of the diplomatic staff" - members of the staff of the Mission who have a diplomatic rank;

"members of the administrative and technical staff" - members of the staff of the Representative Office who provide administrative and technical services to the representative office;

"members of the service staff" - members of the staff of the Representative Office who perform the duties of servicing the Representative Office;

The "Secretariat" is a permanent working body of the Organization;

"Secretary General" is the highest administrative official of the Organization, who heads the Secretariat, appointed by the Council.;

The Deputy Secretary General is the deputy highest administrative official of the Organization, an official from among persons approved in accordance with the established procedure in accordance with the quotas assigned to each Member State for positions in the Secretariat, the list of which is determined by the Council.;

"officials" - persons approved in accordance with the procedure established within the Organization upon the recommendation of the Member States of the Organization in accordance with the quotas assigned to each Member State for positions, the list of which is determined by the Council.;

"employees" are persons who work as specialists within the Organization on the basis of contracts concluded with them.;

"premises of the Organization" - all premises, buildings or part of buildings used for official purposes of the Organization and provided to the Organization by the host State;

"family members" means the spouse, minor children, and dependents of the Secretary General, Permanent Representatives, and other staff of Representative Offices, officials, and employees of the Organization.

The footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 24.10.2008 No. 74-IV; dated 17.04.2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

I. Legal capacity, privileges and immunities of the Organization

Article 2

The Organization enjoys in the territory of each Member State the legal capacity necessary for the realization of its goals in accordance with the Charter of the Organization.

Article 3

The property and assets of the Organization are inviolable. They enjoy immunity from any form of administrative or judicial interference, except in cases where the Organization itself waives immunity.

The premises of the Organization, as well as its archives and documents, including official correspondence, regardless of the location, are not subject to search, requisition, confiscation or any other form of interference.

Representatives of the relevant authorities and administration of the host State may not enter the premises of the Organization except with the consent of the Secretary General or a person acting in his place.

The execution of any actions by decision of the relevant authorities and administration of the host State may take place on the premises of the Organization only with the consent of the Secretary General or a person acting in his place.

The premises of the Organization may not serve as a refuge for persons who are prosecuted by either Party or are subject to extradition to a Member State or a third State.

The inviolability of the premises of the Organization does not give the right to use them for purposes incompatible with the functions of the Organization or detrimental to the safety of the Parties, the interests of their individuals or legal entities.

The host State shall take appropriate measures to protect the premises of the Organization from any intrusion and damage.

Article 4

The Organization in the Member States is exempt from direct taxes and fees, duties and other payments, with the exception of those that are payments for specific types of services (services).

Items and other property intended for official use by the Organization are exempt in the Member States from customs duties, taxes and related charges, with the exception of charges for transportation, storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority and similar services in accordance with the procedure provided for other international organizations. Their use for other purposes, including their sale or transfer for use, entails the payment of customs duties and the fulfillment of other requirements in accordance with the legislation of the receiving State.

Article 5

With regard to its official means of communication, the Organization enjoys no less favorable conditions than those provided by the host State to diplomatic missions.

Article 6

An Organization may place a flag, emblem, or other symbols of the Organization on the premises it occupies and use them on official vehicles. The placement of the Organization's symbols in other places is subject to agreement with the host State.

Article 7

The Organization, subject to the legislation of the Member States, may, in accordance with its objectives and functions, publish and distribute printed materials, the publication of which is provided for by decisions of its bodies.

Article 8

The host State shall assist the Organization in providing, at the expense of the Organization's budget, on the basis of business contracts, the premises necessary for the performance of its functions.

Article 9

The Organization shall continuously cooperate with the authorities and administrations of the Member States in order to prevent any abuse in connection with the privileges and immunities provided for in this Agreement.

Article 9 1

The provisions of this Agreement establishing the privileges and immunities of the Organization shall apply to the Joint Headquarters of the Organization.

The footnote. Section I is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 24.10.2008 N 74-IV.

II. Privileges and immunities of the Secretary-General, officials and staff of the Organization

Article 10

The Secretary General, officials and staff of the Organization are international employees and should not seek or receive instructions from authorities or officials of the Parties.

Each Party undertakes to strictly respect the international character of the functions of the Secretary-General, officials and staff of the Organization and not to influence them.

Article 11

The Secretary General, the Deputy Secretaries General, and members of their families residing with them, if they are not nationals of the receiving State, enjoy privileges and immunities to the extent provided for by the Vienna Convention on Diplomatic Relations of April 18, 1961 for a diplomatic agent and members of his family.

The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 12

Officials of the Organization and members of their families residing with them in the host State:

a) are not subject to criminal, civil and administrative liability for what they have said or written and for actions committed by them as officials;

b) are exempt from taxation of wages and other remuneration paid by the Organization;

c) are exempt from all compulsory state duties;

d) are exempt from immigration restrictions and registration as foreigners;

e) are exempt from paying customs duties, taxes and related charges for items and other property intended for initial acquisition, with the exception of charges for transportation, storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority and similar services. The use of the mentioned items and property for other purposes, including sale, transfer for use, entail the payment of customs duties and the fulfillment of other requirements in accordance with the legislation of the receiving State.;

(e) Enjoy the same repatriation benefits as diplomatic representatives enjoy during international crises.

Paragraphs "b", "d", "e", "e" do not apply to officials and their family members who are citizens of the receiving State or permanently residing there.

Officials of the Organization and members of their families who are citizens of the receiving State are exempt from military service if, at the request of the Organization, the competent authorities of the receiving State grant the said persons the necessary temporary deferral.

Article 13

The Secretary General, officials and employees of the Organization are not entitled to engage in commercial or any other activity in the interests of personal gain or the benefit of other persons, with the exception of scientific, creative and teaching activities.

Persons who are exempt from taxation in the receiving State in accordance with articles 11 and 12 of this Agreement, if they receive income from the activities specified in this article, declare the total income received from such activities and pay taxes on it in accordance with the legislation of the receiving State.

Article 14

The Secretary General, officials and employees of the Organization must comply with the requirements stipulated by the legislation of the receiving State regarding insurance against damage that may be caused to the health and property of third parties in connection with the use of any vehicle.

Article 15

Officials and employees of the Organization are not subject to the jurisdiction of the receiving State with respect to actions performed in the direct performance of their official functions, except in cases of presentation:

a) claims for damages in connection with a traffic accident caused by a vehicle owned or operated by an Organization, official or employee;

b) claims in connection with death or bodily injury caused by an action on the part of an official or employee.

Employees of the Organization who are not citizens of the host State are exempt from immigration restrictions and registration as foreigners.

Article 16

Documents of officials or employees of the Organization are inviolable in the host State at any time and regardless of the media.

Article 17

Residential premises occupied by officials and employees of the Organization who are not citizens of the receiving State are inviolable in the receiving State and enjoy immunity from search, requisition, arrest and enforcement actions.

Article 18

The privileges and immunities enjoyed by the Secretary-General, officials and staff of the Organization are not granted to them for personal gain, but for the effective, independent performance of their official functions in the interests of the Organization.

Article 19

The Secretary-General, officials and members of their families shall enjoy the privileges and immunities provided for in this Agreement from the moment they enter the territory of the receiving State on their way to their destination or, if they are already in that territory, from the moment when the Secretary-General or officials have assumed their duties.

Upon termination of the functions of the Secretary-General or an official, his privileges and immunities, as well as those of his family members living with him, usually expire at the time the person leaves the receiving State or after a reasonable period of time to do so, whichever comes first.

The privileges and immunities of the family members of the Secretary-General or an official cease when they cease to be members of his family. If such persons intend to leave the receiving State within a reasonable period of time, their privileges and immunities shall remain in place until their departure.

In the event of the death of the Secretary-General or an official of the Organization, his family members who lived with him will continue to enjoy the privileges and immunities granted to them until they leave the host State or until the expiration of a reasonable period for leaving the host State, whichever comes first.

Article 20

All persons enjoying privileges and immunities under this Agreement are required, without prejudice to their privileges and immunities, to respect the laws of the receiving State. They are also obliged not to interfere in the internal affairs of this State.

Article 21

An Organization may waive the immunity of its official in a case where, in the opinion of the Organization, the immunity impedes the administration of justice and the waiver of immunity would not prejudice the purposes for which it was granted. The right to waive immunity in respect of the Secretary-General belongs to the Council.

The waiver of immunity must be clearly expressed.

Article 21 1

The provisions of this Agreement, which establish the privileges and immunities of officials and employees of the Organization (with the exception of those specified in Article 11 of this Agreement), apply mutatis mutandis to military personnel and civilian personnel of the Joint Staff of the Organization.

The footnote. Section II is supplemented by Article 21.1 in accordance with the Law of the Republic of Kazakhstan dated 24.10.2008 No. 74-IV as amended by the Law of the Republic of Kazakhstan dated 17.04.2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

III. Privileges and immunities Representative offices and employees of the Representative Office

The footnote. The Agreement is supplemented by Section III in accordance with the Law of the Republic of Kazakhstan dated 24.10.2008 No. 74-IV.

Article 22

Member States may establish Permanent Representations at the Organization (Representative Offices).

Article 23

The Representative Office, in addition to the Permanent Representative who performs the functions of the head of the Representative Office, may include employees of the Representative Office.

The footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 24

Missions, Permanent Representatives and other staff of the mission - members of the diplomatic staff of the mission, members of administrative, technical and service personnel, as well as members of their families, enjoy privileges and immunities to the extent granted respectively to diplomatic missions of States, diplomatic agents, administrative, technical and service personnel of diplomatic missions and members of their families within the meaning of the Vienna Convention on Diplomatic Missions relations dated April 18, 1961.

The footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 25

The Representative Office has the right to place the flag and emblem of the sending State and Organization on its premises.

In exercising the right provided for in this article, the laws, regulations and customs of the receiving State shall be taken into account.

Article 26

The receiving State shall assist the sending State in obtaining or acquiring the premises necessary for the Mission at the expense of the sending State.

Article 27

The sending State shall notify the Secretariat and the receiving State:

(a) The appointment of the Permanent Representative and other staff of the Mission, their positions and ranks, their arrival and final departure, or the termination of their functions at the Mission, as well as any other changes affecting their status that may occur during their service at the Mission;

b) the arrival and final departure of any person who is a family member of the Permanent Representative or other Representative Office employee and lives with him, and, where appropriate, that this or that person becomes or ceases to be such a family member;

c) about the beginning and termination of work in the Office of administrative, technical and maintenance personnel;

d) the location of the premises enjoying inviolability in accordance with article 38 of the Agreement, as well as any other data that may be necessary to identify such premises.

The footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 28

1. Every person entitled to privileges and immunities in accordance with this Agreement shall enjoy them from the moment he enters the territory of the receiving State on his way to take up his post or, if that person is already in that territory, from the moment when his appointment is notified to the receiving State by the Organization or the sending State.

If the functions of a person enjoying privileges and immunities are terminated, his privileges and immunities usually terminate at the moment when that person leaves the territory of the receiving State, or after a reasonable period of time has elapsed in order to do so. However, in respect of actions committed by such a person in the performance of his functions as an employee of the Mission, immunity remains in effect.

2. In the event of the death of the Permanent Representative or other staff member of the Mission, his family members continue to enjoy the privileges and immunities to which they are entitled until the expiration of a reasonable period for leaving the territory of the receiving State.

3. In the event of the death of the Permanent Representative, another Representative Office employee, or a member of his family living with him, the receiving State permits the export of the deceased's movable property, with the exception of all property acquired within the territory of the receiving State and the export of which was prohibited at the time of his death. Various types of inheritance taxes are not levied on movable property located in the receiving State solely by virtue of the deceased's residence in that State as a Permanent Representative, another Representative Office employee or a member of his family.

The footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 29

As a rule, the Permanent Representative and other employees of the Representative Office must be citizens of the sending State.

The sending State may appoint a Permanent Representative or other staff member of the Mission as a member of the diplomatic staff of its other mission, as well as appoint a member of the diplomatic staff of its other mission as a Permanent Representative or other staff member of the Mission.

The authorized representative, who is a citizen of the receiving State or permanently resides in it, enjoys only immunity from jurisdiction and inviolability in respect of official actions performed by him in the performance of his functions.

Other staff members of the Mission who are nationals of the receiving State or permanently reside there shall enjoy privileges and immunities only to the extent permitted by the receiving State. However, the receiving State must exercise its jurisdiction over these persons in such a way that it does not improperly interfere in the exercise of the functions of the Mission.

The footnote. Article 29 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 30

Without prejudice to the privileges and immunities provided for in this Agreement, the Permanent Representative and other employees of the Mission, as well as their family members, must respect the laws of the host State and not interfere in its internal affairs.

The footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 31

The Permanent Representative and other employees of the Mission, as well as their family members, must fulfill their obligations in accordance with the legislation of the host State on liability insurance to third parties in respect of all vehicles they use or own.

The premises of the Representative Office and the living quarters occupied by the Permanent Representative, other employees of the Representative Office and their family members should not be used for purposes incompatible with the performance by the Permanent Representative, other employees of the Representative Office of their official functions.

The footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 32

Family members of the Permanent Representative and other staff members of the Mission enjoy the same privileges and immunities as staff members of the Mission if they are not citizens of the receiving State or do not permanently reside there.

The footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 33

The sending State may waive the immunity of the Permanent Representative and other staff of the Mission in cases where, in its opinion, the immunity impedes the administration of justice and the waiver of immunity does not prejudice the purposes for which it was granted.

The refusal must be explicit.

If the sending State does not waive the immunity of the Permanent Representative or other Representative Office employee in respect of a civil claim, it shall make every effort to resolve the case fairly.

The initiation of a case by the Permanent Representative or another Representative Office employee deprives him of the right to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main claim.

The footnote. Article 33 as amended by the Law of the Republic of Kazakhstan dated 04/17/2020 No. 317-VI (for the procedure of entry into force, see paragraph 3).

Article 34

If this does not contradict the laws and regulations on zones where entry is prohibited or regulated for reasons of national security, the receiving State shall ensure to all representatives of the Member States freedom of movement and travel on its territory to the extent necessary for the performance of their functions.

Article 35

The receiving State and the Organization shall assist the Mission in the performance of its functions.

IV. Privileges and immunities of representatives of the Member States

The footnote. Sections III-V and Articles 22-35 are considered sections IV-VI and articles 36-49, respectively, in accordance with the Law of the Republic of Kazakhstan dated 24.10.2008 No. 74-IV.

Article 36

Representatives of the Member States, in the performance of official functions and while traveling to the venue of events organized by the Organization in the Member States, shall enjoy the following privileges and immunities:

(a) Immunity from personal arrest or detention, as well as from the jurisdiction of the receiving State in respect of all acts that may be committed by them in this capacity;

b) inviolability of the home;

c) exemption of accompanied baggage and hand luggage from customs inspection, unless there are serious grounds to assume that they contain items and other property not intended for official or personal use, or items and other property, the import or export of which is prohibited or regulated by the legislation of the Member State. If an inspection is necessary, such an inspection should be carried out only in the presence of this representative of the Member State or his authorized representative.;

d) exemption from immigration restrictions and registration as foreigners.

Article 37

The privileges and immunities enjoyed by representatives of Member States are granted to them not for personal gain, but for the effective, independent performance of their official functions in the interests of the Organization.

Representatives of the Member States should not engage in commercial or any other activity in the host State in the interests of personal gain or the benefit of others, with the exception of scientific, creative and teaching activities.

Article 38

Premises occupied by representatives of the Member States, furnishings and other property, as well as vehicles used by them for official purposes, enjoy immunity from search, requisition, arrest and enforcement actions.

Article 39

The documents of the representatives of the Member States are inviolable at any time and regardless of the media.

Article 40

The sending Member State may waive the immunity of its representative in the event that, in its opinion, the immunity impedes the course of justice and the waiver of immunity does not prejudice the purposes for which it was granted.

The refusal must be explicit.

If the sending Member State does not waive the immunity of its representative in respect of a civil action, it shall make every effort to resolve the case fairly.

The initiation of a case by a representative of a Member State deprives him of the right to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main claim.

V. Labor relations and social security

Article 41

The employment relations of the Secretary General, officials and employees of the Organization are regulated by the Organization.

The employment relations of the technical and service personnel of the Organization are regulated by the national legislation of the host State.

Article 41 1

Officials assigned to work in an Organization on a quota basis are given a position at the discretion of the sending State upon completion of their work in the Organization.

The footnote. Section V is supplemented by Article 41.1 in accordance with the Law of the Republic of Kazakhstan dated 24.10.2008 N 74-IV.

Article 42

The appointment and payment of social security (insurance) benefits to the Secretary General, officials and employees of the Organization and their family members is carried out in accordance with the procedure established by the legislation of the host State for the period when the Secretary General, officials and employees of the Organization perform their official functions. At the same time, contributions to social and medical insurance funds are made from the budget of the Organization in accordance with the legislation of the host State.

Article 43

The pension provision of the Secretary General, officials and employees of the Organization is carried out in accordance with the legislation of the Member States of which they are citizens. At the same time, pension contributions established by the legislation of the Member States are made from the budget of the Organization to the relevant funds of the Member States whose citizens are the Secretary General, officials and employees of the Organization.

The costs of paying pensions to the Secretary-General, officials and staff of the Organization shall be borne by the Member States of which they are nationals.

Article 44

When assigning a pension or social security (insurance) benefit, the period of work as Secretary General, official or employee of the Organization in accordance with the legislation of the Member States of which they are citizens is counted in the insurance or work experience.

VI. Final provisions

Article 45

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

Article 46

This Agreement is subject to ratification and shall enter into force on the date of deposit of the last written notification of ratification with the depositary, which is the Secretary General.

Article 47

This Agreement is open for accession by any State joining the Organization in accordance with Article 19 of the Charter of the Organization. The documents on accession to this Agreement shall be deposited with the depositary.

For the acceding State, this Agreement shall enter into force on the date of receipt by the depositary of a written notification of ratification.

Article 48

Either Party may withdraw from this Agreement by sending a written notification to the depositary.

This Agreement shall terminate with respect to this Party upon the expiration of 6 months from the date of receipt by the depositary of such notification.

Article 49

This Agreement may be amended and supplemented, which are formalized by a separate protocol, which is an integral part of this Agreement. Amendments and additions may be proposed by either Party by sending a corresponding notification to the depositary.

Protocols on amendments and additions are subject to ratification and enter into force in accordance with the procedure provided for in Article 46 of this Agreement.

Done in Chisinau on October 7, 2002, in one original copy in Russian.

The original copy of the Agreement shall be kept by the depositary, who will send a certified copy to each signatory State.

The footnote. Article 49 as amended by the Law of the Republic of Kazakhstan dated 24.10.2008 N 74-IV.

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

I hereby certify that this text is a true copy from a certified copy of the Agreement on the Legal Status of the Collective Security Treaty Organization dated October 7, 2002.

Head of Department

International law

Department of the Ministry of Foreign Affairs of Kazakhstan

President

Republic of Kazakhstan

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