On the ratification of the Agreement on the Organization and Conduct of Joint Anti-Terrorist Exercises by the Member States of the Shanghai Cooperation Organization

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Law of the Republic of Kazakhstan dated April 8, 2010 No. 267-IV

To ratify the Agreement on the Organization and Conduct of Joint Anti-terrorist Exercises by the member States of the Shanghai Cooperation Organization, signed in Dushanbe on August 28, 2008.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on the procedure for organizing and conducting joint anti-terrorist exercises by the member States of the Shanghai Cooperation Organization

(Entered into force on March 14, 2014 - Bulletin of International Treaties of the Republic of Kazakhstan 2014, No. 3, art. 18)

The member States of the Shanghai Cooperation Organization, hereinafter referred to as the Parties, guided by the Charter of the Shanghai Cooperation Organization of June 7, 2002, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of June 7, 2002, the Concept of Cooperation of the Member StatesMembers of the Shanghai Cooperation Organization in the Fight against Terrorism, Separatism and Extremism on July 5, 2005, Guided by national legislation, generally recognized principles and norms of international law, striving to create a legal framework for conducting joint anti-terrorist exercises in the territories of the Parties, agreed as follows:

Article 1

For the purposes of this Agreement, the concepts used therein mean: exercises - joint anti-terrorist exercises conducted by the competent authorities of the Parties on the territory of one or more Parties; participants in the exercises - personnel of special anti-terrorist units, persons included in the exercise management body, and other persons involved in the exercises; special anti-terrorist formations - groups specialists formed by each Party in accordance with its national legislation for conducting exercises; special means and support materials - weapons and military equipment, weapons and ammunition, equipment, communications equipment, equipment for special anti-terrorist formations, technical, transport and other special means and materials used during joint anti-terrorist exercises; host Party - the Party hosting participants in the exercises on its territory, special means and support materials the sending Parties for the period of the exercise; guiding Party - The Party sending the participants of the exercises, special means and support materials to the territory of the host Party for the exercises; Transit Party - the Party through whose territory the participants of the exercises, special equipment and support materials of the sending Party are transported to the territory of the receiving Party and back; third party - a State that is not the sending Party, the receiving Party or the Transit Party, its individuals and/or legal entities, as well as international intergovernmental organizations; performance of official duties by the participants of the exercises - being in the places of deployment and other places in agreement with the host Party, following (being on the way) to the specified areas (places) and back, including through the territory of the Transit Party, as well as actions performed in the area of the exercises to perform tasks related to the exercises, with the exception of: unauthorized abandonment of places of deployment or areas of exercises; voluntary bringing oneself into a state of toxic, narcotic or alcoholic intoxication; damage - physical, moral, material and other types of damage, the responsibility for which is provided for by the national legislation of each of the Parties; area of the exercise - areas of terrain allocated for conducting exercises within the territory of the host Party; location - the territory designated by the host Party to accommodate participants in the exercises of the Parties; The SCO RATS Council is the Council of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.; The Executive Committee of the SCO RATS is the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization; the competent authority is the state body of a Party that carries out the fight against terrorism in accordance with its legislation.

Article 2

The purpose of the exercises is to train special anti-terrorist formations for joint actions of the Parties in the event of the commission or threat of a terrorist act on their territories.

Article 3

The main objectives of the exercises are: improving the level of coherence of the exercise management bodies in the leadership of special anti-terrorist formations; improving the practical skills of the participants in the exercises and developing effective forms and methods of conducting joint anti-terrorist activities; practical elaboration of issues of coordination of actions of special anti-terrorist formations; development of new techniques and methods, as well as the exchange of experience in conducting anti-terrorist activities.

Article 4

The decision to conduct the exercises is made by the Council of the SCO RATS. The dates of the exercises are determined by the SCO RATS Council, taking into account the opinions of the Parties whose participation is expected in the upcoming exercises. After the decision to conduct the exercises is made, the issues related to their preparation are coordinated during consultations between the Parties. The results of the consultations are drawn up in the form of a protocol. The Parties, in turn, in accordance with the names of the Parties in the order of the Russian alphabet, organize and conduct exercises on their territories. The SCO RATS Executive Committee facilitates their cooperation in the preparation and conduct of exercises at the request of interested member States of the Shanghai Cooperation Organization. Each Party has the right to appeal to the Council of the SCO RATS with a request to hold an extraordinary exercise on its territory. If it is impossible to participate in the exercises or in case of refusal to participate in them, the Party shall notify the SCO RATS Executive Committee in writing no later than two months before the start of the exercises, stating the reasons preventing participation in the exercises.

Article 5

The head of the exercises and his deputies are appointed for the preparation and conduct of the exercises, and an exercise management body is created. The head of the exercise is appointed from among the heads (representatives) of the competent authority of the host Country. His deputies are appointed from among the representatives of the competent authorities of the sending Party. The composition and structure of the exercise management body, as well as the procedure for conducting exercises, are determined by agreement of the receiving Party and the sending Party.

Article 6

The Parties, in agreement with the exercise management body, determine the degree of their participation, composition and number of participants in the exercise. Representatives of a third party may be invited as observers to the exercises, as agreed by the SCO RATS Executive Committee.

Article 7

The host Party determines the area of the exercise and creates conditions for: development of the concept of the exercises, which is coordinated through the Executive Committee of the SCO RATS with the sending Party and approved by agreement of the Parties; preparation of final and other documents related to the exercises; provision of access to their territory and its use in accordance with their national legislation; entry, movement and departure of participants in the exercises, their placement at the place of deployment, movement of special means and support materials on their territory, crossing the state border (including customs and border procedures); taking necessary measures to protect and protect participants in the exercises, special means and support materials, as well as to organize the cordon of the exercise area; exemption of the sending Party from paying tax, customs, insurance fees and other mandatory payments.

Article 8

The Guiding Side: respects the sovereignty and customs of the receiving Party and/or the Transit Party; complies with the legislation of the receiving Party and/or the Transit Party; does not interfere in the internal affairs of the receiving Party and/or the transit Party; does not participate in political activities in the territories of the receiving Party and/or the transit Party; complies with the procedures of border and customs control of the receiving Party and/or the transit Parties; adheres to the routes of movement of participants in the exercises and the movement of special means and support materials agreed with the receiving Party and/or the Transit Party; assists the receiving Party and/or the transit Party in taking the necessary measures to protect and protect participants in the exercises, special means and support materials; ensures the safety of used property, natural resources, cultural, historical and other facilities of the receiving Party and/or the Transit Party; complies with environmental safety standards on the territory of the receiving Party and/or the Transit Party.

Article 9

The transit Party: authorizes and facilitates the entry, movement and departure of participants in the exercises, as well as the import, movement and export of special equipment and supplies of the sending Party on its territory; exempts the sending Party from paying tax, customs, insurance fees and other mandatory payments.

Article 10

The sending Party, no later than two months before the start of the exercises, notifies the receiving Party of the necessary real estate for the deployment of participants in the exercises, as well as the necessary special equipment and support materials. The receiving Party provides the participants of the exercises of the sending Party with real estate, water, electricity, provides medical care and creates living and living conditions to the extent necessary to fulfill their assigned tasks. If necessary, special facilities and support materials are provided by the receiving Party by mutual agreement. The provision of transport and other services is carried out by agreement between the competent authorities of the Parties.

Article 11

The receiving Party and/or the Transit Party recognize as valid the national driving licenses of the participants of the exercises of the sending Parties.

Article 12

Participants of the exercises cross the state border at checkpoints agreed by the Parties in a visa-free manner according to personal lists, upon presentation of identification documents. The form and procedure for compiling the nominal list of participants in the exercises of the sending Party and the list of special means and support materials are determined by agreement of the Parties. The list of participants in the exercises should include information about the persons, indicating the surname, first name, patronymic, gender, date of birth, series and number of the identity document, purpose of entry and time of stay in the territory of the host Country. The list of special means and support materials should include the name, quantity and labeling of special means and support materials. The nominal list of participants in the exercises and the list of special equipment and materials for the sending Side are drawn up in Chinese and Russian and provided to the receiving Side, as well as to the Transit Side, no later than thirty days before the planned date of crossing the state border of the receiving Side and/or the Transit Side.

Article 13

The movement of items intended for personal use, as well as currency valuables across the state border of the Parties by persons who are part of the participants in the exercises of the sending Party, is carried out in accordance with the legislation of the receiving Party and/or the Transit Party. The Parties shall carry out customs clearance and customs control of special means and security materials transported across the customs borders of the Parties in accordance with this Agreement, in a simplified manner. The customs authorities of each of the Parties have the right, in accordance with the procedure and under the conditions established by national legislation, to conduct a personal search and baggage inspection of participants in the exercises and to confiscate items prohibited or restricted for import and export in accordance with national legislation, with the exception of special means and supplies of the Parties included in the relevant list. The packaged official documents of the Parties, secured by appropriate means of identification, are inviolable and are not subject to customs inspection, as well as opening and detention.

Article 14

In accordance with its national legislation, the receiving Party, in agreement with the sending Party, has the right to organize quarantine measures on its territory in respect of participants in the exercises of the sending Party, as well as their personal belongings, special equipment and support materials.

Article 15

The organization of transportation of participants in the exercises, their special equipment and supplies by air is carried out in coordination with the relevant authorities of the Parties responsible for the organization of international air transportation. Aircraft flights are performed along routes, as well as in zones (areas) established by the receiving Party and/or the Transit Party. Navigation, airfield technical support and protection of aircraft participating in exercises or transporting participants in exercises at military and civilian airfields are carried out by agreement between the Parties. Aircraft flights on international routes are controlled by the air transport authorities of the Parties in accordance with the flight information zones of the Parties. The safety of flights of aircraft performing international transportation for the purpose of implementing this Agreement is ensured in accordance with international treaties to which the Parties are parties and the national legislation of the Party in whose airspace the flights are carried out. The Parties shall, through joint groups (commissions), monitor compliance with flight safety requirements, investigate aviation accidents and incidents involving aircraft of the Shanghai Cooperation Organization member States in solving tasks related to the implementation of this Agreement involving aviation personnel of several Parties. The procedure for creating joint groups (commissions) is determined by the exercise management body by agreement of the Parties during the preparation of the exercises. The head of the joint group (commission) is appointed from among the representatives of the host Party. In case of emergency circumstances (natural disasters, adverse meteorological flight conditions, malfunctions on board the aircraft), the air transport authorities of the Parties shall provide assistance to aircraft carrying out the transportation of participants in the exercises, including the provision of alternate airfields for emergency landing. Search and rescue support of aircraft flights is organized by the forces and means of the Parties on a gratuitous basis.

Article 16

The entry of military (police) ships and auxiliary vessels of the sending Party into the territorial sea, internal sea waters and inland waterways of the receiving Party is carried out in accordance with the national legislation of the receiving Party and international treaties to which the Parties are parties. The provision by the receiving Party of pilotage, tugboats, and port services to military (police) ships and auxiliary vessels of the sending Parties is carried out by separate agreement between the Parties.

Article 17

The participants of the exercises are not subject to the legislation of the host Country governing registration and migration control, residence and movement of foreign citizens. Participants in the exercises of the sending Party do not have the right to permanent residence in the territory of the receiving Party.

Article 18

During the period of the exercises, the participants of the exercises must wear the distinctive signs agreed between the Parties. Military and other equipment of the special anti-terrorist formations of the Parties must have clearly visible registration numbers and distinctive signs during the exercises.

Article 19

Participants in the exercises of the sending Party, while staying in the area of the exercises, have the right to store, carry, use and apply special means and support materials on the territory of the receiving Party to perform the tasks provided for in the exercise plan, as well as at their locations and in other places, in agreement with the receiving Party, to ensure security functions. The use of special means and support materials during the exercises is carried out in accordance with the legislation of the host Country.

Article 20

The sending Party is obliged to immediately inform the receiving Party and the Transit Party about cases of loss of special equipment and support materials, as well as about the absence of participants in the exercises at the location. If necessary, at the request of the host Party, each of the Parties provides the necessary assistance in searching for missing special equipment and support materials, as well as establishing the location of the participants in the exercises. The Party that has discovered the missing special equipment and support materials, as well as established the location of the missing participants in the exercises, shall take measures to transfer them to the relevant Party.

Article 21

The Parties shall independently bear the costs associated with the execution of this Agreement, unless a different procedure is agreed in each specific case. The sending Party reimburses the costs associated with the use of all special facilities and support materials provided by the receiving Party upon its request on the basis of mutual agreement.

Article 22

Informing the public about the progress and results of the exercises is carried out by the Parties and the Executive Committee of the SCO RATS in an agreed form and volume.

Article 23

Dissemination of information is not allowed.: about the participants of the exercises; disclosing special techniques, tactics and methods of conducting exercises; about the characteristics of special means and support materials used during the exercises; prohibited for distribution by agreement of the Parties. Measures to protect the information specified in this Article and responsibility for its unauthorized dissemination are determined in accordance with international treaties to which the Parties are parties and the national legislation of each of the Parties.

Article 24

The receiving Party sends information and analytical materials about the exercises to the Parties and the Executive Committee of the SCO RATS.

Article 25

The special facilities and security materials of each of the Parties are their property and cannot be withheld and/or alienated in any form. Unused special equipment and support materials are removed by the sending Party after the end of the exercises from the territory of the receiving Party. If, due to special circumstances, it is not possible to remove special means and support materials, the decision on their use or destruction is made on the basis of an agreement between the sending Party and the receiving Party.

Article 26

In matters of jurisdiction over participants in the exercises of the sending Party, the Parties are guided by the following principles: if participants in the exercises from among the citizens of the sending Party commit crimes against their sending Party or participants in the exercises from among the citizens of their Side, as well as if they commit crimes in the performance of their official duties, the jurisdiction of the sending Party is exercised; If the participants in the exercise commit crimes that do not fall under the crimes specified in the second paragraph of this article, the jurisdiction of the receiving Party or the Transit Party shall be exercised. The sending Party may carry out a preliminary investigation in the event that unidentified persons commit crimes against the sending Party or participants in the exercises of the sending Party at the locations of the participants in the exercises. When identifying the person who committed the crime, the procedure defined by this Agreement shall apply. The competent authorities of the Parties authorized to conduct procedural actions interact with each other directly and assist each other in conducting investigations, in collecting and providing evidence related to crimes, in establishing the location (search), detention and arrest (detention) of participants in the exercises, suspected or accused of committing crimes. The heads of the Parties' participants in the exercises also have the right to carry out direct relations within their competence. The sending Party shall immediately notify the receiving Party of the detention of participants in the exercises of the receiving Party, as well as other persons. The receiving Party shall immediately notify the sending Party of the detention of participants in the exercises of the sending Party. When detaining, making an arrest (taking into custody), carrying out other procedural actions, as well as when transferring participants in exercises suspected of committing crimes or providing legal assistance, the Parties are guided by international treaties to which they are parties and national legislation. In each case, when criminal prosecution is carried out against participants in the exercises of the sending Party by the receiving Party, the sending Party has the right to have its representative present at the trial, and the persecuted person has the right to: prompt and prompt investigation and trial; receive information about a specific charge against him from the moment the criminal prosecution begins; face-to-face interviews with prosecution witnesses and other participants in criminal proceedings; involvement of defense witnesses, if they are under the jurisdiction of the receiving Party; legal assistance of their own choice or free assistance from a lawyer; translation services; maintaining contact with a representative of the sending Party. The parties may request each other to transfer or accept criminal cases of crimes committed by participants in the exercises. Such requests are considered immediately. The competent authorities of the Parties authorized to conduct procedural actions, in accordance with international treaties to which the Parties are parties and national legislation, notify each other of the results of the investigation and judicial proceedings in all criminal cases in respect of which the Parties have competing jurisdiction.

Article 27

The Parties waive claims for damage caused by the participants of the exercises to other participants of the exercises in the performance of their official duties. The procedure for compensation for damage caused by participants in exercises to other participants in exercises not in the performance of their official duties is determined by separate agreements between the competent authorities of the respective Parties. If the issue of compensation for damage is not resolved by agreement, the receiving Party has the right to consider it in accordance with its national legislation. The procedure for compensation of damage caused by participants in the exercises of the sending Party to individuals or legal entities of the receiving Party or the Transit Party is determined by separate agreements between the competent authorities of the respective Parties. If the issue of compensation for damage is not resolved through such arrangements, the receiving Party or the Transit Party has the right to consider it in accordance with its national legislation. If the relevant Parties are liable for the damage provided for in paragraphs two and three of this article, and the degree of liability cannot be determined, the Parties shall compensate the damage in equal shares. The damage caused by the participants of the exercises to a third party is compensated in accordance with the following provisions: the legislation of the receiving Party applies. A final decision on the payment of compensation or on the refusal to pay such compensation, made by the appropriate judicial authority of the receiving Party, is final.; The receiving Party may arrange consultations with the participation of interested parties to resolve the claim of a third party. Damage compensation payments are made in the currency of the receiving Party. The Parties shall cooperate in order to obtain evidence and organize an impartial review of claims in accordance with this article. By decision of the Parties, a commission may be established to investigate cases that have caused damage to a third party.

Article 28

The participants of the exercises of the sending Party and their family members retain in full the benefits, guarantees and compensations established by its national legislation. This procedure applies if the damage was caused during the stay of the participants of the exercises of the sending Party in the territory of the receiving Party, as well as during transit through the territory of the other Party.

Article 29

The Parties, in accordance with their national legislation, determine the competent authorities responsible for the implementation of this Agreement, which they inform the depositary at the same time as notifying them of the completion of the internal procedures necessary for the entry into force of this Agreement, as well as changes in the competent authorities and/or their names. The Depositary shall inform the other Parties about this within fifteen days from the date of receipt of the notification from the Party about the competent authority designated by it.

Article 30

The Parties will resolve disputes that may arise between them in connection with the interpretation or application of the provisions of this Agreement through consultations and negotiations.

Article 31

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

Article 32

When carrying out cooperation under this Agreement, the working languages are Chinese and Russian.

Article 33

With the consent of the Parties, amendments and additions may be made to this Agreement in the form of separate protocols.

Article 34

This Agreement shall enter 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 Parties that have completed the internal procedures later, it shall enter into force from the date of their written notification to the depositary. This Agreement is concluded for an indefinite period. The depositary of this Agreement is the Secretariat of the Shanghai Cooperation Organization, which shall send certified copies thereof to the Parties within fifteen days from the date of signing this Agreement. 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 thirtieth day after the date of receipt by the depositary of the instrument of its accession. This Agreement shall cease to apply to either Party if it ceases to be a member State of the Shanghai Cooperation Organization.

Article 35

Each of the Parties may withdraw from this Agreement by sending a written notification to the depositary twelve months before the expected date of withdrawal. The Depositary will notify the other Parties of this intention within thirty days from the date of receipt of the withdrawal notification. Done in Dushanbe on August 28, 2008, in one original 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

Note. RCPI: The following is the text of the Agreement in Chinese

Reservation of the Republic of Uzbekistan to the first part of article 6 of the Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Exercises by the member States of the Shanghai Cooperation Organization

The Republic of Uzbekistan will participate in the anti-terrorist exercises of the Shanghai Cooperation Organization member states as an observer.

For the Republic of Uzbekistan

I hereby certify that the attached document is an authentic copy of the Agreement on the Organization and Conduct of Joint Anti-Terrorist Exercises by the member States of the Shanghai Cooperation Organization, signed on August 28, 2008 in Dushanbe. When signing this Agreement, the Republic of Uzbekistan made a reservation (attached). The original copies of these documents are kept in the Secretariat of the Shanghai Cooperation Organization.

Expert of the 1st category (Lawyer) M. Asimov

President

Republic of Kazakhstan

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