On the Ratification of the Agreement on the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia

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Law of the Republic of Kazakhstan dated February 22, 2007 No. 233

To ratify the Agreement on the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia, signed in Almaty on June 17, 2006.

President of the Republic of Kazakhstan

AGREEMENT on the Secretariat of the Interaction Meeting and confidence building measures in Asia

The member States of the Conference on Interaction and Confidence-building Measures in Asia (hereinafter, respectively, the Member States, the Meeting), in order to implement the provisions of the Almaty Act of June 4, 2002 on the establishment of the CICA Secretariat (hereinafter, the Secretariat), as well as to determine its functions, structure and principles of financing, agreed as follows:

Article 1 General provisions

1. As a result of the signing of this Agreement, a Secretariat will be established. The Secretariat is a permanent body that performs its functions in accordance with the principles and objectives set out in the Almaty Act of June 4, 2002, the provisions of the Rules of Procedure of the Meeting of October 22, 2004, this Agreement and the Financial Rules, which are an integral part of this Agreement. 2. The Secretariat is located in Almaty, Republic of Kazakhstan (hereinafter referred to as the host country). 3. The working languages of the Secretariat are English and Russian.

Article 2 Functions of the Secretariat

The Secretariat, within its competence: a) provides administrative, organizational and technical support for meetings and other activities specified in the Almaty Act of June 4, 2002 and the Rules of Procedure of the Meeting of October 22, 2004; b) establishes and maintains an archive of documents of the Meeting; (c) Acts as a collection, processing and dissemination center for documents and information provided by Member States and received from other international organizations and forums, ensuring their dissemination, as defined in the Catalog of Confidence-building Measures of the October 22, 2004 Meeting and other documents adopted during the Meeting; (d) Distributes general information about the Meeting e) also receives and distributes information on the implementation of confidence-building measures among Member States on the basis of information provided by them by mutual agreement; f) performs other tasks and duties determined by the Heads of State and/or Government of the Meeting, the Ministers of Foreign Affairs of the Member States; performs other tasks that may be determined by the Committee of Senior Officials of the Meeting (hereinafter referred to as the Committee) in accordance with the Rules of Procedure of the Meeting dated October 22, 2004, this Agreement and the Financial Rules The Secretariat of the Meeting.

Article 3 Staff of the Secretariat

1. The Secretariat consists of the following staff: (a) the Executive Director, who is the chief executive officer of the Secretariat; (b) the Deputy Executive Director; (c) Professional staff seconded to the Secretariat by Member States; (d) general (support) staff recruited on a contractual basis from among the nationals of the host State and Member States to carry out administrative duties., technical and service functions of the Secretariat. 2. The Executive Director is appointed by the Ministers of Foreign Affairs of the Meeting for a four-year term by consensus on the recommendation of the Member State chairing the Meeting from among its nationals, and performs his duties during the entire term of the presidency of that State. 3. The Deputy Executive Director is appointed by the Ministers of Foreign Affairs of the Meeting for a period of three years on the basis of consensus on the recommendation of the Committee. Before making a recommendation, the Committee shall consult with the Executive Director. 4. The Deputy Executive Director performs the functions of the Executive Director in the event of his/her temporary absence or illness or until the appointment of a new Executive Director. 5. The Executive Director, the Deputy Executive Director and the professional staff are appointed in accordance with the highest standards of efficiency, competence and integrity, taking into account the requirements of equal opportunities, the broadest representation of the Member States and with their consent. 6. The Executive Director and the Deputy Executive Director must be nationals of different Member States. 7. The Executive Director, with the approval of the Committee, appoints members of the professional staff of the Secretariat, the criteria for which will be developed by consensus among the Member States. 8. If a member of the professional staff of the Secretariat is unable to perform his duties, a new member of the professional staff of the Secretariat is appointed for the remainder of the term of office on the basis of an application from the sending State. 9. The working conditions of the general (auxiliary) staff are regulated by the national legislation of the receiving party, unless otherwise provided by this Agreement or the staff regulations adopted by the Meeting. When employing general (support) staff to work in the Secretariat, equal opportunities are provided for all citizens of the Member States without any discrimination based on gender, race, religion or nationality. 10. The Executive Director performs the following functions: (a) is responsible for the activities of the Secretariat and is fully responsible for its financial aspects, prepares the budget of the Secretariat and submits it to the Committee for approval, taking into account the available financial resources of the Secretariat; (b) reports annually on the ongoing work of the Secretariat to the Committee; (c) submits the staffing table to the Committee for approval Of the Secretariat, including the names and descriptions of positions, terms of office and the proposed scheme of distribution of responsibilities; (d) Distributes responsibilities among the members of the Secretariat staff; (e) Issues administrative orders and internal instructions, signs contracts and agreements necessary for the activities of the Secretariat; (f) May seek the support of Member States in providing professional staff to assist in the work of the Secretariat of the Meeting. In such cases, advance notifications are sent to the Member States; g) represents the Secretariat in relations with the authorities of the host country; (h) Initiates and establishes contacts with the secretariats or relevant bodies and institutions of international organizations and forums in consultation with the Member States; (i) Participates in events of international organizations and forums to inform about the activities of the Meeting with prior notification to the Member States and upon their approval.

Article 4 Financial rules and regulations

1. The financial aspects of the Secretariat's activities are defined in the Financial Rules of the Secretariat of the Meeting (attached). 2. By decision of the Committee, on the basis of the Financial Rules of the Secretariat of the Meeting, detailed financial regulations governing the financial aspects of various activities of the Secretariat will be prepared and submitted to the Committee for approval.

Article 5 Legal capacity, privileges and immunities

1. The Member States grant the Secretariat the right to conclude an agreement with the Government of the Republic of Kazakhstan on the conditions of the Secretariat's stay in the territory of the Republic of Kazakhstan, the draft of which must be approved by the Ministers of Foreign Affairs of the Member States. 2. The privileges and immunities of the Secretariat and members of its staff in the territory of the Member States are determined by a separate agreement concluded between the Member States.

Article 6 Final provisions

1. This Agreement shall apply provisionally to those parties whose constitutional systems permit such application from the date of its signature, and shall enter into force on the thirtieth day after 2/3 of the signatory Member States notify the depositary of their completion of the relevant domestic procedures for the entry into force of this Agreement. 2. The Ministry of Foreign Affairs of the Republic of Kazakhstan is the depositary of this Agreement. The Depositary shall inform the Member States of the date of entry into force of this Agreement. 3. Upon reaching a consensus of the Member States, this Agreement is open, as provided for in Article 9 of the Rules of Procedure of the Meeting, for accession by other States of the region that share the objectives and principles of the Meeting set out in the Almaty Act of June 4, 2002, and also undertake to comply with the provisions of other international treaties and documents concluded or adopted within the framework of Meetings. The depositary shall inform all Member States of the date of such accession. 4. For the acceding State, this Agreement shall enter into force on the date of deposit of the instrument of accession with the depositary, or on the date of entry into force of this Agreement in accordance with paragraph 1 of this article, whichever is later. 5. By mutual agreement, the Member States may propose additions and amendments to the Agreement, which are formalized in a separate protocol. The Protocol shall enter into force in accordance with paragraph 1 of this article. The depositary shall notify all Member States of the date of entry into force of the protocol. 6. Any differences that may arise in the interpretation or application of this Agreement shall be resolved through consultations and negotiations between the Member States and on the basis of consensus. 7. Each Member State has the right to withdraw from this Agreement in the exercise of its national sovereignty. The depositary shall be notified of this decision three months before it is notified to the other Member States. 8. Twelve years after the entry into force of this Agreement, the Member States shall decide on its validity for an indefinite period or on its extension for a certain period of time. Such a decision is made by consensus of the signatory Member States. In witness whereof, the undersigned, duly authorized, have signed this Agreement. Done in Almaty on June 17, 2006, in a single copy in English. The Depositary will send a certified copy of this Agreement to each Member State.

Annex to the Agreement on the Secretariat Meetings on Interaction and Confidence-building Measures in Asia

FINANCIAL RULES of the Secretariat of the Interaction Meeting and confidence building measures in Asia

Article 1 General provisions

The Financial Rules of the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia (hereinafter, respectively, the Secretariat, the Meeting) are an integral part of the Agreement on the Secretariat of the Meeting, determine the sources of funding, the procedure for the formation and execution of the budget of the Secretariat and regulate the basic financial aspects of its activities.

Article 2 Sources of financing for the activities of the Secretariat

Financing for the Secretariat's activities is formed from the following sources: a) funds for the lease (construction) of a building for the Secretariat and to cover the costs associated with the establishment of the Secretariat, provided free of charge by the host party; b) funds for labor, rental of living quarters and related expenses related to the maintenance of the Executive Director, Deputy Executive Director, members of the professional staff of the Secretariat provided by the sending States; (c) Funds for the remuneration of the staff of the general (support) staff of the Secretariat, the purchase of goods, services, assets, as well as travel of the staff of the Secretariat and other running costs, including the costs of the daily functioning of the Secretariat, accumulated from voluntary contributions.

Article 3 The budget of the Secretariat and its structure

1. The budget of the Secretariat includes all income and expenses for the financial period in monetary and/or other forms. 2. Revenues include: a) revenues to the Secretariat's budget are in the form of voluntary contributions from Member States, the amount of which is not limited; b) voluntary contributions in cash and/or other forms, also accepted from observer countries of the Meeting, other countries, observer organizations of the CICA, other international organizations and forums, legal entities and individuals with the approval of the Member States; c) other income. 3. Expenses include: (a) salaries of the general/support staff of the Secretariat; (b) the purchase of goods and services; (c) the purchase of office furniture and equipment, vehicles and other facilities necessary for the performance of the Secretariat's activities; (d) business trips of professional staff of the Secretariat; (e) other operating expenses, including daily maintenance functioning of the Secretariat.

Article 4 Cost estimates

1. The budget of the Secretariat is executed in accordance with the cost estimate, a document covering expenditures for the financial period. 2. The draft cost estimate for the financial period is prepared by the Executive Director and distributed in the first half of the year to all Member States for further approval by the Committee of Senior Officials (hereinafter referred to as the Committee). 3. The redistribution of funds from one cost estimate item to another within the limits of the adopted budget may be carried out in agreement with the Member States or at a regular meeting of the Committee by reviewing and approving a new updated cost estimate for the current financial year. 4. The balances of the Secretariat's budget that were not used for their intended purpose at the end of the financial period are incorporated into the revenue side of the budget for the next financial period.

Article 5 Financial period

The financial period is one calendar year, which begins on January 1 and ends on December 31.

Article 6 Placement of funds

Funds are deposited in the account/accounts of banking institutions, determined by the Executive Director.

Article 7 Reporting

1. The Executive Director oversees the financial management of the Secretariat and is accountable to the Committee. 2. The Executive Director submits to the Committee an annual report for the financial period no later than March 31 of the year following the reporting financial period. 3. The report for the financial period is prepared in US dollars and in the national currency of the receiving party. The exchange rate is determined in accordance with the exchange rate of the national bank of the receiving party on the reporting date. 4. Based on the results of the financial period, the surplus or deficit of the Secretariat's budget is determined by calculating the excess of income over expenses or excess of expenses over income. In the event of a shortage in the Secretariat's budget, the Executive Director shall bring the matter to the attention of the Committee and make proposals for the necessary measures.

Article 8 Audit

1. In order to verify the financial activities of the Secretariat, at the discretion of the Committee, an external audit is conducted at least once every four years by a body authorized by the Committee. The Executive Director submits to the authorized body the documents necessary for conducting an external audit. 2. After the audit, an audit report is prepared, which should be distributed by the Executive Director to the Member States.

I hereby confirm that the following text, translated from English into Russian, corresponds to the original English text of the Agreement on the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia, signed in Almaty on June 17, 2006.

Head of the Asian Cooperation Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

RCPI's Note: Attached is the text of the Agreement on the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia in English (see the paper version).

President

Republic of Kazakhstan

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