On the Ratification of the Convention on the Privileges and Immunities of the Secretariat, its Staff and Representatives of the Member States of the Conference on Interaction and Confidence-building Measures in Asia

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On the Ratification of the Convention on the Privileges and Immunities of the Secretariat, its Staff and Representatives of the Member States of the Conference on Interaction and Confidence-building Measures in Asia

The Law of the Republic of Kazakhstan dated November 28, 2011 No. 500-IV

To ratify the Convention on the Privileges and Immunities of the Secretariat, its Staff and Representatives of the Member States of the Conference on Interaction and Confidence-building Measures in Asia, signed in Istanbul on June 8, 2010.

President of the Republic of Kazakhstan N. NAZARBAYEV

Approved at the Third CICA Summit

CONVENTION on the Privileges and Immunities of the Secretariat, its Staff and Representatives of the Member States of the Conference on Interaction and Confidence-building Measures in Asia

The member States of the Conference on Interaction and Confidence-building Measures in Asia, which concluded this Convention, guided by the generally recognized principles and norms of international law and the Almaty Act of June 4, 2002, in order to implement the provisions of paragraph 2 of Article 5 of the Agreement on the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia of June 17, 2006, agreed on as follows:

Article 1 Definitions

For the purposes of this Convention, the following definitions are used: a) "CICA" - Conference on Interaction and Confidence-building Measures in Asia; b) "Secretariat" - the CICA Secretariat; c) "Parties" - the CICA member States that have ratified, accepted, approved or acceded to this Convention; d) "Executive Director" - the chief official of the Secretariat; e) "Deputy Executive Director" - the Deputy Chief Executive Officer of the Secretariat; (f) "Members of the professional staff" - officials of the Secretariat, seconded by the CICA Member States and appointed by the Executive Director with the approval of the CICA Committee of Senior Officials; (g) "Family members" - spouses and dependent children under the age of 18 living with the Executive Director, Deputy Executive Director and members of the professional staff. staff of the Secretariat; h) "representatives of the Parties" - persons sent by the relevant Parties to participate in the meetings of the CICA.

Article 2 Legal capacity of the Secretariat

The Secretariat has the necessary legal capacity in the territory of each Party to perform its functions.

Article 3 Privileges and immunities. General provisions

1. The privileges and immunities under this Convention are not intended for the personal benefit of the persons concerned, but ensure the independent performance of their official functions. 2. Immunity may be waived if it interferes with the administration of justice and is waived without prejudice to the purposes for which the immunity was granted. The waiver of immunity must be clearly expressed. The decision to waive immunity is made: a) in respect of the Executive Director and the Deputy Executive Director, by the Ministers of Foreign Affairs or their official authorized representatives on the recommendation of the CICA Committee of Senior Officials, by consensus during a ministerial meeting or unanimously through diplomatic channels between such meetings; b) in respect of members of the professional staff, by the CICA Committee of Senior Officials on the basis of recommendations of the Executive Director; (c) In respect of representatives of the Parties, by the sending Party. 3. Persons subject to privileges and immunities must respect the laws of the Parties without prejudice to their aforementioned privileges and immunities.

Article 4 Privileges and immunities of the Secretariat

1. The Secretariat, its property and assets, wherever and by whomsoever located, enjoy immunity from any form of administrative influence or judicial liability, except in cases where the waiver of immunity is clearly expressed. In exceptional cases, the CICA Committee of Senior Officials, on the proposal of the Executive Director, decides to waive immunity. No waiver of immunity applies to judicial and executive measures. 2. The archives and other documents of the Secretariat are inviolable. 3. Without being limited by financial controls, regulations or moratoriums of any kind, the Secretariat has the right to dispose of funds and maintain accounts, to the extent necessary to carry out activities in accordance with its objectives in the territory of the Parties, in agreement with the relevant Party. 4. The Secretariat, its assets, income and other property are exempt from all direct taxes, with the exception of fees for certain types of services.

Article 5 Privileges and immunities of the Executive Director, Deputy Executive Director and members of the professional staff

1. The Executive Director, the Deputy Executive Director and members of the professional staff enjoy the following privileges and immunities: (a) Immunity from personal arrest or detention, as well as immunity from judicial responsibility for what they have said or written and for all acts committed by them as official representatives, with the exception of: i. lawsuits for damages in connection with road accidents that were caused by vehicles owned or operated by the Secretariat or one of the above-mentioned persons; ii. lawsuits for damages in connection with death or bodily injuries that were caused by actions on the part of these persons; (b) Are exempt from immigration restrictions and mandatory registration of foreigners in the territory of the Party in which they temporarily reside or through which they pass in the performance of their official duties; (c) The same privileges in respect of currency transactions as are granted to diplomatic agents in the territory of the Party concerned; (d) The same repatriation benefits during (e) The provisions of sub-paragraphs (b) and (d) of paragraph 1 of this Article should also apply to family members. 2. A Party is not obligated to grant the privileges and immunities referred to in paragraph 1 of this Article.: a) its citizens or permanent residents; b) citizens of a Party with which it has not established diplomatic relations.

Article 6 Privileges and immunities of Representatives of the Parties

1. Representatives of the Parties, in the performance of their official duties and during travel to and from the meeting place, are granted the following privileges and immunities: a) immunity from personal arrest or detention, and in respect of everything said, written or committed by them as representatives, as well as immunity from judicial liability of any kind from the Parties where the CICA meetings are held; b) inviolability of all their papers, documents and electronic data carriers; (c) Exemption of themselves and their accompanying spouses from restrictions on immigration, registration of foreigners in the territory of the Party where they are temporarily staying or whose territory they are crossing in the performance of their official duties; (d) The same benefits in respect of currency restrictions or currency exchange as are provided to representatives of foreign States on temporary business trips; (e) The same immunities and facilities in respect of their personal baggage as are accorded to diplomatic agents. 2. A Party is not obligated to grant the privileges and immunities referred to in paragraph 1 of this Article.: a) its citizens or permanent residents; b) citizens of a Party with which it has not established diplomatic relations.

Article 7 of the Visa

1. The Parties shall provide all necessary assistance in issuing visas for the Executive Director, Deputy Executive Director and members of the professional staff of the Secretariat, as well as for representatives of the CICA Member States participating in CICA meetings. 2. A Party is not obliged to issue visas to citizens of a Party with which it has not established diplomatic relations.

Article 8 Impact on rights and obligations arising from other international treaties

This Convention should not affect and should not be interpreted as affecting the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 9 Final provisions

1. This Convention is open for signature by the CICA member States. 2. This Convention is subject to ratification, acceptance and approval by the signatory States. This Convention is open for accession by the CICA member States. This Convention shall enter into force on the thirtieth day after the date of receipt by the depositary of the fourteenth instrument of ratification, acceptance, approval or accession. For a CICA member State that ratifies, accepts, approves, or accedes to this Convention after its entry into force, this Convention shall enter into force on the thirtieth day after the date of deposit of the instrument of ratification, acceptance, approval, or accession. 3. The Secretariat is the depositary of this Convention. The Depositary shall inform the Parties of the date of entry into force of this Convention, as well as of receipt of instruments of ratification, acceptance, approval or accession from the relevant Parties. 4. By mutual agreement of the Parties, this Convention may be amended by a Protocol. The Protocol shall enter into force in accordance with paragraph 2 of this Article. 5. Any Party may withdraw from this Convention at any time by sending a written notification to the Depositary. This Convention shall terminate in respect of that Party upon the expiration of 6 months from the date of receipt by the Depositary of such notification.

Done in Istanbul on June 8, 2010, in one original copy in English.

List of Member States that have signed the Convention on Privileges and Immunities The Secretariat, its staff and representatives of Member States Meetings on Interaction and Confidence-building Measures in Asia" at the Third Summit

1. The Republic of Azerbaijan 2. The State of Israel 3. Islamic Republic of Iran 4. Republic of Kazakhstan 5. People's Republic of China 6. Republic of Korea 7. Kyrgyz Republic 8. Russian Federation 9. Republic of Tajikistan 10. Kingdom of Thailand 11. The Republic of Turkey

I hereby certify that this text is an authentic copy of the "Convention on the Privileges and Immunities of the Secretariat, its Staff and Representatives of the Member States of the Conference on Interaction and Confidence-building Measures in Asia", adopted at the Third CICA Summit held on June 8, 2010.

D. Bakishev, Executive Director of the Secretariat of the Conference on Interaction and Confidence-building Measures in Asia, Almaty

I hereby certify that this translation corresponds to the text of the Convention on the Privileges and Immunities of the Secretariat, its Staff and Representatives of the Member States of the Conference on Interaction and Confidence-building Measures in Asia in English, done in Istanbul on June 8, 2010.

Deputy Director of the Department of Pan-Asian Cooperation of the Ministry of Foreign Affairs of the Republic of Kazakhstan M. Kalizhanov

President

Republic of Kazakhstan

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