On the ratification of the Convention of the Shanghai Cooperation Organization against Terrorism

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Law of the Republic of Kazakhstan dated January 10, 2011 No. 381-IV

To ratify the Convention of the Shanghai Cooperation Organization against Terrorism, signed in Yekaterinburg on June 16, 2009.

President of the Republic of Kazakhstan N. Nazarbayev

CONVENTION of the Shanghai Cooperation Organization against Terrorism

(Entered into force on January 14, 2012 - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 2, Article 26)

The Member States of the Shanghai Cooperation Organization, deeply concerned about the escalation of terrorism, which poses a threat to international peace and security, the territorial integrity of States, the development of friendly relations between States, as well as the exercise of fundamental human rights and freedoms, guided by the purposes and principles of the Charter of the United Nations and the Charter of the Shanghai Cooperation Organization of June 7, 2002, developing provisions of the Shanghai Convention on Combating Terrorism, separatism and Extremism of June 15, 2001, the Concept of Cooperation of the Shanghai Cooperation Organization Member States in Combating Terrorism, Separatism and Extremism of July 5, 2005, recognizing that crimes covered by this Convention cannot be justified under any circumstances, and individuals and legal entities guilty of such acts and (or) those involved in their commission should be held accountable, taking into account the changes that have occurred in the content of terrorism, the scale and nature of terrorist acts., and the importance of intensifying cooperation, realizing the need to step up efforts against terrorism and reaffirming that all measures to prevent and combat terrorism must be taken in compliance with the rule of law and democratic values, fundamental human rights and freedoms, as well as the norms of international law, realizing that only through joint efforts can effective prevention and combating of terrorism be achieved. We have agreed on the following with him:

Article 1

This Convention is concluded with the aim of increasing the effectiveness of cooperation against terrorism.

Article 2

1. For the purposes of this Convention, the terms and concepts used therein mean: 1) "Party" - a State party to this Convention; 2) "terrorism" - the ideology of violence and the practice of influencing decision-making by authorities or international organizations by committing or threatening to commit violent and (or) other criminal acts related to intimidation of the population and aimed at harming individuals, society and the state; 3) "terrorist act" is an act related to intimidation of the population and endangering human life and health, aimed at causing significant property damage, or the onset of an environmental disaster or other serious consequences, in order to achieve political, religious, ideological and other goals by influencing decision-making by authorities or international organizations, as well as the threat of these actions; 4) "terrorist organization": a) a criminal group, an illegal armed formation, a gang, a criminal community created to commit crimes and (or) commit crimes covered by this Convention; b) a legal entity on whose behalf, at the direction or in whose interests planning, organization, preparation and commission of at least 5) "legal entity" means an organization that is established and operates in accordance with the procedure established by the national legislation of the Parties. 2. This article is without prejudice to any international treaty or national legislation of either Party that contains or may contain a provision on the broader application of the terms and concepts used in this article.

Article 3

This Convention applies when the detection, prevention and investigation of offences covered by this Convention affect the jurisdiction of more than one Party.

Article 4

The Parties shall exercise their rights and obligations under this Convention in accordance with the principles of sovereign equality, territorial integrity of States and non-interference in the internal affairs of other States.

Article 5

1. The Parties shall take the necessary measures to establish their jurisdiction over the offences covered by this Convention if: 1) the crime was committed on the territory of this Party; 2) the crime was committed on board a ship flying the flag of this Party or on board an aircraft registered in accordance with the laws of this Party; 3) the crime was committed by a citizen of this Party. 2. Each Party may also establish its jurisdiction over the offences covered by this Convention if: 1) the crime was directed or led to the commission of a terrorist act on the territory or against a citizen of this Party; 2) the crime was directed or led to the commission of a terrorist act against a facility of this Party abroad, including the premises of diplomatic missions and consular offices; 3) the crime was directed or led to the commission of a terrorist act in order to force this Party to commit or not commit any actions; 4) the crime was committed by a stateless person permanently residing in the territory of this Party; 5) the crime was committed on board a ship operated by this Party. 3. Each Party shall take such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention if the alleged offender is present on its territory and it does not extradite him to a Party. 4. This Convention does not exclude the exercise of any criminal jurisdiction in accordance with the national legislation of a Party. 5. If more than one Party claims jurisdiction over an offence covered by this Convention, the Parties concerned shall consult, as appropriate.

Article 6

1. The cooperation provided for in this Convention shall be carried out by competent authorities designated by each of the Parties. 2. When depositing an instrument of ratification of this Convention or a notification of accession to it, a Party shall provide the depositary with a list of its competent authorities responsible for the implementation of this Convention, which the depositary shall transmit to the other Parties. The Parties shall immediately inform the depositary of any changes in the list of their competent authorities, which the depositary shall notify the other Parties. 3. The competent authorities of the Parties shall cooperate with each other directly within the limits of their powers on matters provided for in this Convention. Territorial and other subdivisions of the competent authorities of the Parties may establish direct contacts in order to implement this Convention in accordance with the procedure determined by the competent authorities of the Parties. 4. Interaction between the competent authorities of the Parties is carried out in bilateral and multilateral formats based on a request for assistance, as well as by informing on the initiative of the competent authority of one of the Parties. 5. In the process of interaction, diplomatic channels, channels of the International Criminal Police Organization or the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization can be used.

Article 7

1. The Parties shall promote interreligious and intercultural dialogue involving, where appropriate, non-governmental organizations and other civil society institutions, subject to national legislation, in order to prevent situations of tension that may lead to the commission of crimes covered by this Convention. 2. Each Party, in accordance with the fundamental principles of its legal system, develops and implements measures at the national level to combat terrorism, which may include: 1) periodic assessment of legal documents regulating counter-terrorism and practical measures in terms of their effectiveness; 2) cooperation with relevant international and regional organizations in the development and implementation of counter-terrorism measures, including conducting exercises to prevent terrorist acts; 3) creation of a body or bodies responsible for coordinating the activities of the relevant counter-terrorism authorities of the Party; 4) professional development of law enforcement and other counter-terrorism agencies, as well as adequate financial, material and other support for the activities of these bodies and their employees; 5) payment of appropriate remuneration to persons who assist state bodies in the prevention and suppression of crimes covered by this Convention and the identification of persons who are preparing or have committed such crimes; 6) legislative definition of restrictions, the introduction of which is permissible in order to prevent terrorist acts; 7) improving the protection of individuals and facilities, including increasing the effectiveness of cooperation between law enforcement agencies and relevant legal entities, the introduction of standards designed to enhance the protection of individuals and facilities; 8) protection of victims, witnesses and other participants in criminal proceedings, as well as, if necessary, other persons on counterterrorism; 9) the creation of and the introduction of criteria for the identification of individuals and legal entities involved in the commission of crimes covered by this Convention; 10) providing legal entities with sufficient opportunities to assist the State in preventing and detecting crimes covered by this Convention that are being prepared or committed at their facilities; 11) facilitating the participation of non-governmental organizations, individual groups and individuals in countering terrorism and in shaping public rejection of terrorism; 12) educating the public about the dangers of terrorism and its consequences. negative consequences, as well as responsibility for the commission of crimes covered by this Convention; 13) providing an opportunity for the public to inform State authorities, including anonymously, about any acts that may be considered crimes covered by this Convention. 3. The Parties may take stricter measures than those provided for in this Convention.

Article 8

The Parties, taking into account the fundamental principles of their legal systems, shall take the necessary legislative and other measures to counter the financing of terrorism, which, in particular, include: 1) registration of customer data, financial transactions and storage of this information; 2) submission to the authorities authorized by the Party of information on suspicious and economically impractical transactions and transactions; 3) suspension by order of law enforcement or other authorities designated by the Party of financial transactions that are illegal, suspicious or economically inexpedient; 4) submission of information and documents at the request of the court, prosecutor's office, preliminary investigation and other authorities authorized by the Party.

Article 9

1. The Parties shall take the necessary legislative measures to criminalize the following intentional acts: 1) a terrorist act; 2) any act recognized as a crime in one of the international treaties in the field of combating terrorism, to which all Parties are Parties.; 3) the creation and use of a legal entity for the purpose of planning, organizing, preparing and committing at least one of the crimes specified in subparagraphs 1, 2 and 4-10 of this paragraph, or the creation for the same purposes of a criminal group, illegal armed formation, gang, criminal community; 4) public calls for terrorism or public justification of terrorism, that is, the dissemination of any appeal to the public in order to incite the commission of at least one of the crimes specified in subparagraphs 1-3 and 5-10 of this paragraph, or public statements recognizing terrorism as in need of support and imitation; 5) recruitment or other methods of attracting persons to participate in the preparation or commission of at least one of the crimes specified in subitems 1-4 and 6-10 of this paragraph; 6) preparation of persons to commit or assist in the commission of at least one of the crimes specified in subparagraphs 1-5 and 7-10 of this paragraph; 7) participation in a terrorist organization; 8) financing of terrorism, that is, the collection or provision of funds or financial services knowingly intended to finance the organization, preparation and commission of at least one of the crimes specified in subitems 1-7, 9 and 10 of this paragraph, or ensuring the activities of a terrorist organization; 9) providing persons with weapons, explosives and other means to commit the crimes specified in subitems 1-8 and 10 of this paragraph; 10) providing persons suspected or accused of committing any of the crimes specified in subitems 1-9 of this paragraph with shelter, financial assistance and assistance in escape, as well as giving false information testimony in relation to them. 2. The Parties may, in accordance with their national legislation, also criminalize the deliberate concealment, transportation, purchase or mediation in the sale of property belonging to persons suspected or accused of committing any of the crimes referred to in paragraph 1 of this article. 3. The acts specified in subitems 3-10 of paragraph 1 of this Article are crimes regardless of the actual commission of a terrorist act or the awareness of the recruited and (or) trained person of the terrorist nature of their actions. 4. The Parties are also obliged to take the necessary legislative measures in order to define complicity, preparation and attempt to commit any crime provided for in paragraph 1 of this article as a criminally punishable act.

Article 10

1. The Parties shall take the necessary legislative and other measures, taking into account their legal principles, in order to prevent the involvement of legal entities in their territories in acts that constitute at least one of the crimes covered by this Convention. 2. Each Party shall take such measures as may be necessary to establish the liability of legal entities for their involvement in at least one of the offences covered by this Convention. 3. Subject to compliance with the legal principles of the Parties, the liability of legal entities may be criminal, civil or administrative. 4. The establishment of liability of legal entities does not exclude the criminal liability of individuals involved in its activities who have committed crimes covered by this Convention. 5. The Parties shall ensure that legal entities held accountable for involvement in crimes covered by this Convention are subject, in particular, to such measures as: 1) a warning; 2) a fine.; 3) confiscation of the property of a legal entity; 4) suspension of the activity of a legal entity; 5) prohibition of certain types of activities of a legal entity; 6) liquidation of a legal entity. 6. The Parties shall take legislative measures to recognize a legal entity as a terrorist organization and eliminate it by a court decision or other authority authorized by the national legislation of the Party when the legal entity is planning, organizing, preparing and committing acts constituting at least one of the crimes covered by this Convention. The same measures may be taken in cases where the planning, organization, preparation and commission of crimes covered by this Convention are carried out by a person who controls the exercise by a legal entity of its rights and obligations. 7. The provisions of this Article shall apply to cases of involvement in crimes covered by this Convention of structural subdivisions (representative offices, branches) of foreign legal entities operating in the territory of the Party.

Article 11

1. The Parties shall consider the acts covered by this Convention as crimes involving extradition, as well as the transfer of convicted persons and the provision of legal assistance. 2. In any extradition treaty in force between any Parties, the offences covered by this Convention are considered to be extraditable offences. The Parties undertake to recognize such crimes as an extraditable offence in all extradition treaties that will subsequently be concluded between them. 3. If a Party that makes extradition conditional on the existence of a treaty receives an extradition request from another Party with which it does not have an extradition treaty, the requested Party shall consider this Convention as the legal basis for extradition in connection with offences covered by this Convention. Extradition is subject to other conditions stipulated by the legislation of the requested Party. 4. The Parties that do not make extradition conditional on the existence of a treaty shall treat the offences covered by this Convention as extraditable offences in their relations with each other, subject to the conditions provided for by the legislation of the requested Party. 5. When the principle of mutual recognition of the relevant act as a crime is required in relation to extradition and legal assistance, this principle is considered to be respected regardless of whether the legislation of the requested Party includes the relevant act in the same category of crimes or whether it describes it using the same terms as the requesting Party, if the act in connection with which legal assistance is requested or extradition is criminalized in accordance with the national legislation of the Parties. 6. The offences covered by this Convention shall, for the purposes of extradition, be considered as having been committed in the territory of the Party concerned, regardless of the place where these offences were actually committed within the jurisdiction of that Party established in accordance with article 5 of this Convention. 7. The definition of crimes covered by this Convention and the grounds for liability of legal entities involved in their commission are within the scope of the national legislation of the Parties. 8. At the request of the sentencing Party or the Party of which a person convicted of at least one of the crimes covered by this Convention is a national, this person may, with his consent, be transferred on the basis of existing treaties or mutual agreement to serve his sentence to the Party of which he is a national. 9. If the requested Party, in whose territory a person who has committed at least one of the crimes covered by this Convention is located, does not extradite such a person solely on the grounds that he is its national, then this Party is obliged, on the basis of the materials available to it, including the materials of the criminal case submitted by the requesting Party, to carry out criminal proceedings the prosecution of this person in accordance with its legislation.

Article 12

1. In order to prevent and combat terrorism, the competent authorities of the Parties, upon request or on their own initiative, provide each other with information (documents, materials, other data) on the issues covered by this Convention. 2. The information referred to in paragraph 1 of this Article shall be provided at the request of the competent authority of the requesting Party, provided that it is not disclosed to anyone without the prior written consent of the competent authority of the requested Party. 3. The competent authorities of the Parties do not disclose the fact of the request and its contents and use it only for the purpose of fulfilling the request, if this is agreed upon by the competent authorities of the requesting Party, and also ensure the confidentiality of the information transmitted by the requested Party and use it only to the extent necessary to carry out investigations, judicial proceedings or to carry out the procedures provided for in the request.

Article 13

1. The request is executed on the basis of this Convention and the legislation of the requested Party. 2. At the request of the competent authority of the requesting Party, the legislation of that Party may be applied in its execution, unless otherwise established by the legislation of the requested Party. The application of the legislation of the requesting Party must not prejudice the sovereignty and national security of the requested Party.

Article 14

1. The request shall be drawn up in writing and must contain: 1) the name of the competent authorities of the requesting and requested Parties; 2) the subject and basis of the request; 3) the substance of the case, including the relevant facts (date, place and circumstances of the crime) on which operational search measures, investigation or judicial proceedings are being conducted.; 4) the texts of the relevant regulatory legal acts or, if this is not possible, a statement of their provisions, as well as a statement that the requested measure or any other measure leading to similar results may be taken in the territory of the requesting Party in accordance with its legislation; 5) an indication of the degree of its access restriction, if necessary necessary. 2. A request for the application of liability measures against legal entities, in addition to the information specified in paragraph 1 of this Article, must contain: 1) the name of the legal entity, information about its location, legal address, information about its managers; 2) liability measures; 3) information about a specific procedure that, at the request of the requesting Party, would be It is advisable to follow; 4) information about the property that may be seized or confiscated (its location, connection with the relevant crime, as well as any available information about the rights of others to this property); 5) a certified copy of the decision of the court or other competent authority of the requesting Party and a statement of the grounds for this decision; 6) a statement of the facts, on which the requesting Party is based, and which should be sufficient for the requested Party to raise the issue of making a decision for enforcement based on its legislation. 3. In the case of a request to interrogate persons as suspects or accused, certified copies of the necessary materials of the criminal case must be attached to it. 4. The requested Party shall inform the requesting Party no later than 30 days from the date of receipt of the request, unless otherwise agreed in each specific case: 1) about the actions taken on the request and their result; 2) about any circumstances that impede the execution of the request or significantly delay its execution. 5. The requesting Party shall promptly inform the requested Party: 1) on the review of a decision or other circumstances in connection with which the decision to apply liability measures against legal entities is fully or partially invalid; 2) on changes that make actions in accordance with this Convention unjustifiable. 6. A Party requesting the application of liability measures based on the same decision against a legal entity to several Parties shall notify all Parties interested in the enforcement of this decision.

Article 15

1. The competent authorities of the Parties shall comply with the request: 1) on the extradition of a person for criminal prosecution or execution of a court verdict; 2) on the conduct of operational search measures; 3) on the conduct of certain procedural actions, in particular: a) examinations; b) interrogations of suspects, accused, witnesses, victims and other persons; c) searches, seizures; d) transfer of material evidence; e) seizure of property; f) handing over and forwarding documents; g) other actions within their competence; 4) on the provision of evidence; 5) on the application of liability measures against legal entities; 6) on the establishment of the location of individuals suspected of committing at least one of the crimes covered by this Convention; 7) on the establishment of the location of property subject to confiscation; 8) on other circumstances and issues included in the the scope of this Convention.

Article 16

1. The request shall be signed by the head of the competent authority of the requesting Party or persons acting in their place, and/or stamped. 2. In urgent cases, the request may be transmitted orally, but no later than 72 hours later, the request and the attached documents must be confirmed in writing, if necessary using technical means of text transmission. 3. If there are doubts about the authenticity of the request or its content, additional confirmation or clarification may be requested. 4. In the case of multiple requests received in accordance with this Convention and affecting the same circumstances, the requested Party independently determines which of the requests is subject to priority execution. 5. If the execution of the request does not fall within the competence of the competent authority of the requested Party, it shall immediately transmit the request to another authority of its State competent to execute it and immediately notify the competent authority of the requesting Party. 6. The competent authority of the requested Party may request additional information necessary, in its opinion, for the execution of the request.

Article 17

1. The competent authority of the requested Party may delay the adoption of measures on request if these measures may prejudice the conduct of operational search activities, investigations or judicial proceedings conducted by the competent authorities of the requested Party. 2. The competent authority of the requested Party may refuse to execute the request if it may prejudice the sovereignty, national security or contradict the legislation of the requested Party. 3. Before refusing or postponing the execution of a request, the competent authority of the requested Party, if necessary, consults with the competent authority of the requesting Party that sent the request. 4. In case of postponement or refusal to execute the request, the competent authority of the requested Party shall immediately inform the initiator of the request, with mandatory indication of the reasons for such a decision.

Article 18

1. A Party conducting criminal prosecution of persons suspected or accused of committing offences covered by this Convention and having established that these persons are in the territory of another Party may, after obtaining permission from the competent authorities of that Party, send its staff to the territory of the requested Party to participate in appropriate operational search activities and investigative actions. 2. The dispatched employees of the competent authorities of the requesting Party may participate in operational search activities and investigative actions on the territory of the requested Party in accordance with the legislation of the requested Party and international treaties to which the Parties are parties. 3. The requested Party shall determine the procedure for issuing permits for the participation of employees of the requesting Party in operational search activities and investigative actions on the basis of a request made in accordance with Articles 14-18 of this Convention. 4. If employees of the competent authorities are sent to participate in operational search activities and investigative actions, the following information should additionally be included in the referral request: 1) information about the assigned employees; 2) the purpose of the business trip, the list of operational search measures and investigative actions, the procedure and timing of their execution; 3) in the case of using transport, information about it, including the type of vehicles, their number and registration numbers; 4) other necessary information. 5. The decision on the request is made by the competent authority of the requested Party no later than 5 days from the date of receipt of the request, which is immediately notified to the competent authority of the requesting Party. Such a decision may be subject to conditions determined by the competent authority of the requested Party. 6. If the request for permission is made without taking into account the requirements specified in paragraph 4 of this Article, or the information is not provided in full, the competent authority of the requested Party has the right to request additional data. 7. Employees of the competent authorities of the requesting Party, who have arrived in the territory of the requested Party in accordance with the established procedure, perform their functions in accordance with the legislation of the Receiving Party and the conditions governing their stay and assignment. 8. Employees of the competent authorities of the requesting Party participating in the territory of the requested Party in operational search activities and investigative actions conducted by employees of the competent authorities of the requested Party are obliged to: 1) comply with the legislation of the Party in whose territory they are located, as well as comply with the legal requirements of the authorities of the Receiving Party; 2) provide the requested Party with the information they have received. 9. Participation in operational search activities and investigative actions is terminated as soon as the competent authority of the Party in whose territory they are carried out makes a request to do so. 10. According to the provisions provided for in this Article, the Parties may conclude separate agreements between themselves.

Article 19

The evidence obtained by the competent authorities of the requested Party as a result of the execution of the request in accordance with its legislation has the same evidentiary value in the requesting Party.

Article 20

1. In executing a decision to confiscate the property of natural or legal persons involved in the commission of offences covered by this Convention, the requested Party shall recognize the judicial decision rendered by the requesting Party with respect to the rights of third parties. 2 Such recognition may be refused in one of the following cases:: 1) if the third parties did not have sufficient opportunities to declare their rights; 2) if the third parties unequivocally and reasonably declare their rights; 3) if the decision contradicts a decision already rendered by the requested Party on the same issue; 4) if the decision contradicts the legislation of the requested Party; 5) if the decision was made contrary to the provisions concerning the exclusive jurisdiction provided for by the legislation of the requested Party.

Article 21

1. Documents submitted in accordance with this Convention are exempt from all legalisation formalities. 2. Documents that are issued or certified in the territory of one of the Parties by a competent authority or a specially authorized person within its competence and in accordance with the prescribed form, as well as stamped, are accepted in the territories of all other Parties without any special certificate. 3. Documents that are considered official documents on the territory of one of the Parties have the evidentiary value of official documents on the territories of the other Parties.

Article 22

1. The competent authorities of the Parties on matters falling within the scope of this Convention may send official documents to individuals and legal entities located in the territory of the other Party through diplomatic channels or otherwise, as well as through the competent authorities of the other Party. 2. The competent authorities of the Parties in matters falling within the scope of this Convention shall assist each other in the delivery of official documents to individuals and legal entities.

Article 23

The Parties shall take the necessary measures to prevent the granting of refugee status and supporting documents to persons involved in crimes covered by this Convention.

Article 24

1. A Party shall, at the request of the other Party, take the necessary measures to ensure the liability of a legal entity involved in crimes covered by this Convention, in particular: 1) seizure of property that may subsequently become the object of confiscation; 2) suspension (freezing) of financial transactions; 3) suspension of certain types of activities of a legal entity (radio and television broadcasting, mass media publications, including electronic ones). 2. The measures provided for in paragraph 1 of this Article shall be carried out in accordance with the legislation of the requested Party and this Convention. 3. Before canceling the measures provided for in this Convention, the requested Party shall grant the requesting Party the right to present its arguments in favor of implementing this measure.

Article 25

1. A Party that has received a request related to the application of liability measures against a legal entity (its structural subdivision) involved in the commission of at least one of the crimes covered by this Convention and located or having property or operating on its territory: 1) or executes the decision of the court or other competent authority of the requesting Party on the application of the requested liability measures; 2) or, on the basis of the facts and conclusions presented in the decision of the requesting Party, carries out judicial proceedings in accordance with its legislation on the application of the requested liability measures. 2. Liability measures against a legal entity are applied in accordance with the legislation of the requested Party.

Article 26

The Parties, in accordance with national legislation, in order to ensure confiscation, shall take measures to: 1) to seize money, securities, valuables, weapons, their component (spare) parts, ammunition, explosives and other property intended for use (or used) as a tool for committing crimes, or for financing one of the crimes covered by this Convention; 2) ensure the seizure of a sum of money corresponding to the value of such property, if the seizure of the property specified in this article is impossible.

Article 27

1. A request related to the confiscation of the property of natural or legal persons sent in accordance with this Convention shall not affect the right of the requested Party to enforce its decision on confiscation in respect of the property of the same natural or legal persons. 2 The total value of the property seized upon request may not exceed the amount specified in the confiscation decision. If one or the other Party comes to the conclusion that this may happen, the Parties hold consultations in order to avoid such consequences. 3. The property of a legal entity remaining after satisfying creditors' claims, which is being liquidated on the grounds provided for in this Convention, is also subject to confiscation. 4. The Party that has confiscated the property upon request shall ensure its safety and dispose of the confiscated property in accordance with its legislation. 5. The confiscated property or a sum of money corresponding to the value of such property may, by agreement of the relevant Parties, be transferred in whole or in part to the Party to whom the confiscation order was issued.

Article 28

The Parties shall independently bear the costs associated with their implementation of this Convention, unless otherwise agreed.

Article 29

1. If a claim is filed for compensation for damage caused by an unlawful act or omission in connection with cooperation in accordance with this Convention, the Parties shall consider the possibility of consulting with each other in order to agree on the distribution of the amounts to be paid in compensation for this damage. 2. The Party who is sued for damages informs the other interested Parties about this.

Article 30

This Convention does not limit the rights of the Parties to conclude other international treaties on matters that are the subject of this Convention and do not contradict its purposes and object, nor does it affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 31

1. This Convention is concluded for an indefinite period. 2. This Convention is subject to ratification by the signatory States. The instruments of ratification shall be deposited with the depositary. The Convention enters into force on the thirtieth day after the date of deposit of the fourth instrument of ratification with the depositary. 3. For a Party that has ratified this Convention after the date of deposit of the fourth instrument of ratification with the depositary, it shall enter into force on the thirtieth day after the date of deposit of its instrument of ratification with the depositary. 4. The Secretariat of the Shanghai Cooperation Organization is the depositary of this Convention.

Article 32

1. This Convention is open for accession by other States sharing its provisions, with the consent of all member States of the Shanghai Cooperation Organization by sending a notification of such accession to the depositary. 2. For the acceding State, this Convention shall enter into force on the thirtieth day following the date of deposit of the notification of accession with the depositary.

Article 33

This Convention, in accordance with Article 102 of the Charter of the United Nations, is subject to registration with the United Nations Secretariat.

Article 34

This Convention may be amended and supplemented, which are an integral part of it, which are formalized by separate protocols. Amendments and additions may be proposed by either Party by sending a corresponding notification to the depositary, who immediately sends them for consideration by the other Parties.

Article 35

Each Party may withdraw from this Convention by giving written notification to the depositary at least six months before the expected date of withdrawal. Within thirty days from the date of receipt of the withdrawal notification, the depositary shall notify the other Parties accordingly.

Article 36

In the event of disputes and disagreements between the Parties related to the application or interpretation of the provisions of this Convention, the Parties concerned shall resolve them through consultations and negotiations.

Article 37

1. The working languages of the Parties in the implementation of cooperation under this Convention are Russian and Chinese. 2. The original copy of this Convention shall be deposited with the depositary, who shall send certified copies of this Convention to all signatory States.

Done in Yekaterinburg on June 16, 2009, in a single copy in the Russian and Chinese languages, both texts having the same legal force.

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

Reservation of the Republic of Uzbekistan to the Convention of the Shanghai Cooperation Organization against Terrorism

The provisions of the Convention regarding the possibility of using confiscation of property of legal entities and individuals as a measure of criminal punishment are not applied in the Republic of Uzbekistan, as they are inconsistent with its national legislation.

For the Republic of Uzbekistan

I hereby certify that the attached document is an authentic copy of the Shanghai Cooperation Organization Convention against Terrorism, signed on June 16, 2009 in Yekaterinburg. When the Republic of Uzbekistan signed this Convention, a reservation was made (attached). The original copies of the said Conventions and reservations are kept at the Secretariat of the Shanghai Cooperation Organization.

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

The RCPI's note. The following is the text of the Convention in Chinese.

President

Republic of Kazakhstan

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