On the Ratification of the Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the Member States of the Shanghai Cooperation Organization

Home / RLA / On the Ratification of the Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the Member States of the Shanghai Cooperation Organization

Law of the Republic of Kazakhstan dated July 21, 2007 No. 281

To ratify Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the Shanghai Cooperation Organization Member States, signed in Shanghai on June 15, 2006.

President of the Republic of Kazakhstan

 AGREEMENT on the procedure for organizing and conducting joint anti-terrorist activities in the Territories of the Member States of the Shanghai Cooperation Organization

The Member States of the Shanghai Cooperation Organization, hereinafter referred to as the Parties, realizing that terrorism poses a serious threat to the peaceful life of the peoples of the Shanghai Cooperation Organization member States, in order to ensure an effective fight against terrorism in the territories of the Parties, being convinced that under the current conditions, coordinated actions by the Parties in the fight against terrorism are an urgent need, counting, That strengthening cooperation between the Parties in combating terrorism is in the interests of the peoples of the Shanghai Cooperation Organization member States, seeking to create a legal framework for organizing and conducting joint anti-terrorist activities in the territories of 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, By the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of June 7, 2002, guided by national legislation, generally recognized principles and norms of international law, agreed on the following:

 Article 1

For the purposes of this Agreement, the concepts used therein mean: "joint anti-terrorist measures" - measures to combat terrorism carried out by the competent authorities of the Parties according to an agreed plan and plan by special anti-terrorist units in the territories of the requesting Parties; "special anti-terrorist units" - groups of specialists formed by each Party in accordance with its legislation to conduct joint anti-terrorist measures; "participants in a joint anti-terrorist event" - personnel of special anti-terrorist units, persons included in the management body of a joint anti-terrorist event, and other persons assisting in conducting a joint anti-terrorist event; "requesting Party" - a Party that requests the dispatch of special anti-terrorist units to conduct joint anti-terrorist activities on its territory. territories; "requested Party" - the Party addressed by the requesting Party with a request to send special anti-terrorist units to carry out joint anti-terrorist activities; "request for assistance" - an appeal from the competent authority of the requesting Party to the competent authority of the requested Party for assistance in carrying out joint anti-terrorist activities; "competent authority" is a state body of a Party that carries out the fight against terrorism in accordance with its legislation and is responsible for conducting joint anti-terrorist activities.; "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 activities and authorized for export from the territory of the requested Party in accordance with its legislation; "The SCO RATS Executive Committee is the Executive Committee of the Regional Anti-Terrorism Structure of the Shanghai Cooperation Organization.

 Article 2

The legal basis for conducting joint anti-terrorist activities is the legislation of the Parties, their international obligations, generally recognized principles and norms of international law, as well as this Agreement.

 Article 3

Joint anti-terrorist measures are carried out in order to suppress terrorist activities, including: the release of hostages captured by terrorists; the release of seized facilities of increased technological and environmental danger, nuclear industry, transport, energy, chemical industries and other facilities; the neutralization of explosive devices or other destructive devices of complex design; the suppression of the activities of terrorists, terrorist groups and (or) organizations.

 Article 4

Participants in joint anti-terrorist activities that are part of the special anti-terrorist formations of the requested Party, during their stay in the territory of the requesting Party, respect the laws and customs of the requesting Party.

 Article 5

The Requesting Party and the Transit Party respect the legal status of participants in joint anti-terrorist activities who are part of the special anti-terrorist formations of the requested Party.

 Article 6

During the stay of special anti-terrorist units in the territory of the requesting Party and during transit through the territory of the other Party, the Parties shall be guided by the following: The legislation of the requesting Party and the Transit Party does not apply to participants in joint anti-terrorist activities who are members of special anti-terrorist formations of the requested Party and participate in joint anti-terrorist activities. In any case, they are under the jurisdiction of the requested Party.; When committing an offense, a participant in a joint anti-terrorist operation is responsible in accordance with the legislation of its State; each of the Parties undertakes, in accordance with its legislation, to carry out criminal prosecution of participants in joint anti-terrorist operations that are part of its special anti-terrorist units that have committed crimes on the territory of the requesting Party.; When conducting legal proceedings in the framework of legal assistance, the Parties are guided by their legislation and their international obligations.

 Article 7

The decision to hold a joint anti-terrorist event is taken jointly by the requesting and requested Parties in writing. The requesting Party, through the Executive Committee of the SCO RATS, informs the other Parties about the decision.

 Article 8

Based on the decision to conduct a joint anti-terrorist event, the competent authority of the requesting Party sends a request for assistance to the competent authority of the requested Party and notifies the Executive Committee of the SCO RATS. The request for assistance is sent in writing, including using technical means of text transmission. The request for assistance is signed by the head of the competent authority of the requesting Party or a person acting in his place, and (or) is certified by the stamp of this authority. In case of doubt about the authenticity or content of the request for assistance, the requested Party may request additional confirmation. The request for assistance and the documents attached to it, as well as other (operational) information, are sent to the competent authorities of the requested Party, in Russian or Chinese.

 Article 9

The request for assistance must contain: the name of the competent authority of the requesting Party; the name of the competent authority of the requested Party; a statement of the substance of the request and its justification, indicating the purpose of the requested assistance.; information on the methods and conditions for the delivery of a special anti-terrorist unit of the requested Party to the place of a joint anti-terrorist event and its return to the host State, including information on the place, time and procedure for crossing the state border of the requesting Party; other information necessary for the proper execution of the request.

 Article 10

The execution of a request for assistance may be refused in whole or in part if the requested Party believes that its execution may harm its sovereignty, security or other essential interests, or contradict its legislation. If the requested Party believes that the immediate execution of the specified request may interfere with operational investigative activities and criminal prosecution carried out on its territory, it may postpone the execution of the request or link its execution to compliance with the conditions identified as necessary. If it is impossible or in case of refusal to fulfill the request for assistance, the requested Party shall immediately notify the requesting Party in writing and inform about the reasons preventing the execution of the request.

 Article 11

The SCO RATS Executive Committee, within its competence, provides assistance to the Parties in organizing and conducting a joint anti-terrorist event.

 Article 12

The requesting Party shall create the necessary conditions for the delivery of participants in joint anti-terrorist activities that are part of the special anti-terrorist formations of the requested Party, as well as special means and support materials to the place of joint anti-terrorist activities. The deployment of participants in joint anti-terrorist activities that are part of the special anti-terrorist formations of the requested Party, their logistical and technical support is carried out at the expense of the requesting Party. The requesting Party shall ensure the free interaction of participants in joint anti-terrorist activities that are part of the special anti-terrorist formations of the requested Party with the competent authority of the requested Party.

 Article 13

When participants in joint anti-terrorist activities that are part of special anti-terrorist formations of the requested Party cross the state borders of the Parties, individual specialists of these formations, as well as the movement of special means and support materials through them, the Parties contribute to the accelerated implementation of the relevant procedures established by their legislation. Participants in joint anti-terrorist activities that are part of special anti-terrorist formations of the requested Party, individual specialists of these formations cross the state borders of the Parties at established checkpoints according to the personal lists of the personnel of these formations and identity documents, and special means and support materials are moved across the state borders of the Parties according to a list certified by the competent authority of the requested Party. Russian Russian and Chinese languages are used for these lists and the list, and in the case when the Chinese Side is not involved in conducting a joint anti-terrorist operation, in Russian. Special means and security materials are exempt by the Parties from customs duties and other payments, are not subject to inspection, seizure and confiscation.

 Article 14

The movement of participants in joint anti-terrorist activities that are part of special anti-terrorist formations of the requested Party, or individual specialists of these formations, as well as special means and support materials of the requested Party, through the territory of the requesting Party is carried out under the supervision of a representative of the competent authority of the requesting Party. The transit movement of participants in joint anti-terrorist activities that are part of the special anti-terrorist formations of the requested Party, or individual specialists of these formations, as well as special equipment and supplies on the territory of the transit Party, is carried out with the permission and with the assistance of its competent authority.

 Article 15

The requesting Party is creating a management body for a joint anti-terrorist event to prepare and conduct it (hereinafter referred to as the management body). The head of the management body is appointed by the requesting Party and reports to the person who appointed him. The participants in the joint anti-terrorist action report to the head of the management body. The structure of the governing body, the goals and objectives of the participants in the joint anti-terrorist event are determined by the head of the governing body. Russian Russian and Chinese languages are used in the management body, and in the case when the Chinese Side is not involved in conducting a joint anti-terrorist event, representatives of the competent authorities of the Parties and the Executive Committee of the SCO RATS. Office work in the management body is conducted in Russian and Chinese, and in the case when the Chinese Side is not involved in conducting a joint anti-terrorist event, in Russian. The main tasks of the management body are: collecting information about the situation, summarizing, evaluating and analyzing incoming information, bringing it to the participants of joint anti-terrorist activities and other structures of the requesting Party involved in carrying out the specified event; preparing proposals for decision-making by the head of the governing body; developing and implementing a plan for conducting a joint anti-terrorist event; organizing communication and interaction between participants in a joint anti-terrorist event; managing the preparations for a joint anti-terrorist event and taking measures to prevent possible negative consequences; developing, if necessary, tactics for negotiating with persons who are the objects of a joint anti-terrorist event and organizing their conduct; interacting with government authorities and management of the requesting Party; ensuring the implementation of operational search measures and investigative actions in the area of the event. joint anti-terrorism measures; organization of summing up the results of a joint anti-terrorist event.

 Article 16

During the joint anti-terrorist event, the head of the management body: appoints officials of the governing body; determines the area of a joint anti-terrorist event; directs the preparation and conduct of a joint anti-terrorist event; decides on the actions of participants in a joint anti-terrorist event and on the use of special means and support materials in coordination with the heads of special anti-terrorist formations of the requested and requesting Parties.; approves the plan for conducting a joint anti-terrorist event; determines the start and end time of the actions of the participants in the joint anti-terrorist event and the use of special means and support materials; coordinates the actions of the participants in the joint anti-terrorist event; informs the participants of the joint anti-terrorist event of the requirements of the legislation of the requesting Party on the procedure for the use of special means and support materials; allows persons to negotiate with persons who are the targets of anti-terrorist activities; informs the heads of state authorities of the requesting Party, the Executive Committee of the SCO RATS and the media about the progress and results of the joint anti-terrorist event; makes a proposal to the requesting Party to end the joint anti-terrorist event and submits to the competent authorities of the Parties and the Executive Committee of the SCO RATS a report on the results of its implementation.

 Article 17

It is not allowed for any persons to interfere in the management of a joint anti-terrorist event, with the exception of the person who appointed the head of the management body.

 Article 18

The head of the special anti-terrorist formation of the requested Party, during the preparation of the plan for conducting a joint anti-terrorist event, has the right, in agreement with the competent authority of his Party, to refuse the participation of the special anti-terrorist formation led by him in certain events. In this case, the refusal is made in writing in the form of a report indicating the reasons for the refusal. The decision on the action of participants in a joint anti-terrorist event and on the use of special means and support materials is made out by a written order from the head of the management body. Since the beginning of the actions of special anti-terrorist formations in a joint anti-terrorist event, during which the use of special means and support materials is envisaged, only the heads of these formations directly direct their actions when these formations execute the order of the head of the governing body. At the same time, the actions of participants in a joint anti-terrorist operation who use special means and support materials are considered as actions that exclude the occurrence of responsibility. The procedure for the actions carried out during the joint anti-terrorist event, provided for in the plan for the joint anti-terrorist event, may be changed by the head of the management body in consultation with the head of the special anti-terrorist formation of the requested Party.

 Article 19

The use of special means and support materials during a joint anti-terrorist operation is carried out in accordance with the legislation of the requesting Party.

 Article 20

In the event of a threat to the security of a Party bordering the requesting Party, the management body shall inform the competent authority of that Party of the nature and extent of the possible threat and take measures to localize it in the territory of the requesting Party.

 Article 21

Information on the progress of a joint anti-terrorist event is brought to the attention of the public in accordance with the legislation of the requesting Party, in the form and volume determined by the head of the management body or on his behalf by the person responsible for maintaining public relations.

 Article 22

During the preparation and conduct of a joint anti-terrorist event, its participants are not allowed to disseminate information.: about the participants of a special anti-terrorist event; disclosing special techniques and tactics for conducting a joint anti-terrorist event; about the characteristics of special means and support materials; other information prohibited for dissemination by the legislation of the requesting Party.

 Article 23

The decision on the termination of the joint anti-terrorist action and the abolition of the governing body is made by the requesting Party. The requesting Party shall inform the other Parties and the Executive Committee of the SCO RATS of the completion and outcome of the joint anti-terrorist event. The competent authority of the requesting Party shall send to the competent authorities of the Parties and the Executive Committee of the SCO RATS the final and analytical materials on the progress of the joint anti-terrorist action.

 Article 24

The requesting Party shall ensure the return to the territory of the requested Party of participants in joint anti-terrorist activities that are part of special anti-terrorist formations of the requested Party, special means and support materials belonging to the requested Party. The plan and deadlines for the withdrawal of participants in joint anti-terrorist activities that are part of the special anti-terrorist formations of the requested Party from the territory of the requesting Party shall be determined and approved by the competent authority of the requesting Party in coordination with the competent authority of the requested Party.

 Article 25

Special facilities and security materials belonging to the requested Party are its property and cannot be retained and/or alienated in any form by the requesting Party or the Transit Party. At the end of the joint anti-terrorist measures, unused special equipment and support materials must be removed by the requested Party from the territory of the requesting Party. If, due to special circumstances, it is not possible to remove special means and supplies, they may, by mutual agreement of the requesting and requested Parties, be sold or destroyed on the territory of the requesting Party in accordance with its legislation.

 Article 26

The requesting Party waives any claims against the requested Party participating in the joint anti-terrorist operation, including with respect to compensation for damage related to death, bodily injury, or any other damage caused to the life, health, and property of individuals located on the territory of the requesting Party, as well as to legal entities and itself. to the requesting Party, if such damage is caused during the performance of tasks assigned by the head of the management body. If a participant in a joint anti-terrorist operation, who is part of the special anti-terrorist formations of the requested Party, while performing the tasks assigned by the head of the governing body, causes damage to any person, organization or the requesting Party itself, such damage shall be reimbursed by the requesting Party in accordance with its legislation.

 Article 27

In cases not provided for in Article 26 of this Agreement, damage caused by participants in joint anti-terrorist activities that are part of special anti-terrorist formations of the requested Party in the territory of the requesting Party shall be compensated by agreement between the Parties concerned.

 Article 28

The procedure for reimbursement of expenses incurred by the requested Party, including expenses related to the loss, complete or partial destruction of imported special equipment and support materials, is established by agreement between the Parties concerned.

 Article 29

In the course of joint anti-terrorist activities, damage caused to the life and health of participants in joint anti-terrorist activities of the requested Party shall be reimbursed by the requesting Party in accordance with the procedure provided for by its legislation and which would apply in the event of damage to participants in joint anti-terrorist activities of the requesting Party under similar circumstances. At the same time, participants in joint anti-terrorist activities who are part of the special anti-terrorist formations of the requested Party and their family members retain the full benefits, guarantees and compensations established by its legislation. This procedure is applied if such damage was caused to the life and health of participants in joint anti-terrorist activities that are part of special anti-terrorist formations of the requested Party, during their stay in the territory of the requesting Party, as well as during transit through the territory of the other Party.

 Article 30

The Parties, in accordance with their legislation, determine the competent authorities responsible for the implementation of this Agreement, which they inform the depositary about at the same time as notifying them of the completion of the internal procedures necessary for the entry into force of this Agreement, and also inform the depositary of changes in the competent authorities and (or) their names.

 Article 31

The Parties, on the basis of mutual agreement, may develop, with the assistance of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, agreed training programs for special anti-terrorist formations involved in joint anti-terrorist activities, as well as conduct joint exercises of special anti-terrorist formations and train their specialists.

 Article 32

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

 Article 33

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

 Article 34

When carrying out cooperation under this Agreement, the Parties use Russian and Chinese as working languages.

 Article 35

With the consent of the Parties, this Agreement may be amended in the form of protocols that enter into force in accordance with the procedure established by Article 36 of this Agreement.

 Article 36

This Agreement is concluded for an indefinite period and enters 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 the entry into force of this Agreement. 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. The Depositary, within fifteen days from the date of receipt of the notification from the Party about the competent authority designated by it, specified in Article 30 of this Agreement, shall inform the other Parties about it. 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 remains in force with respect to either Party as long as it is a party to the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001.

Done in Shanghai on June 15, 2006, 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 a true copy from a certified copy of the Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the Shanghai Cooperation Organization Member States, signed in Shanghai on June 15, 2006.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

RCPI's note: The text of the Agreement in Chinese is attached below.

President

Republic of Kazakhstan

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