On the ratification of the Treaty on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community

Home / RLA / On the ratification of the Treaty on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community

Law of the Republic of Kazakhstan dated June 9, 2004 No. 557

To ratify the Treaty on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community, signed in Moscow on February 21, 2003.

President of the Republic of Kazakhstan

Eurasian Economic Community Interstate Council Decision

dated February 21, 2003, No. 87, Moscow

On the draft Agreement on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community

The Interstate Council of the Eurasian Economic Community has decided: To accept Agreement on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community (attached).

Members of the EurAsEC Interstate Council:

From From From From From the Republic of the Republic Kyrgyz Republic of the Russian Republic of Belarus of the Republic of Kazakhstan Federations Tadjikistan

I, Grigory Alekseevich Rapota, Secretary General of the Eurasian Economic Community, certify that this text is an authentic and complete copy of the Decision of the Interstate Council of the Eurasian Economic Community "On the draft Agreement on Cooperation in Protecting the External Borders of the Member States of the Eurasian Economic Community" dated February 21, 2003 No. 87, signed by President of the Republic of Belarus Alexander Lukashenko, President of the Republic of Belarus President of the Republic of Kazakhstan Nursultan Nazarbayev, President of the Kyrgyz Republic Askar Akaye I, Grigory Alekseevich Rapota, Secretary General of the Eurasian Economic Community, certify that this text is an authentic and complete copy of the Decision of the Interstate Council of the Eurasian Economic Community "On the draft Agreement on Cooperation in Protecting the External Borders of the Member States of the Eurasian Economic Community" dated February 21, 2003 No. 87, signed by President of the Republic of Belarus Alexander Lukashenko, President of the Republic of Belarus President of the Republic of Kazakhstan Nursultan Nazarbayev, President of the Kyrgyz Republic Askar Akayev, President of the Russian Federation Vladimir Putin and President of the Republic of Tajikistan Emomali Rahmonov in Moscow.

EurAsEC Secretary General

Moscow, February 27, 2003

I hereby certify that this text is a true copy from a certified copy of Decision No. 87 on the draft Treaty on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community on February 21, 2003.

Head of Department International law Department of the Ministry of Foreign Affairs of Kazakhstan

Agreement * on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community

*(Entered into force on June 16, 2004 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 8, art. 48)

The Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan, hereinafter referred to as the Parties, guided by the interests of practical implementation of the provisions The Agreement on the Establishment of the Eurasian Economic CommunThe Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan, hereinafter referred to as the Parties, guided by the interests of practical implementation of the provisions The Agreement on the Establishment of the Eurasian Economic Community of October 10, 2000, recognizing the need for close cooperation in protecting the external borders of the Parties, based on mutual interest in ensuring the security of the member States of the Eurasian Economic Community, agreed as follows:

Article 1

For the purposes of this Treaty, the term "external borders" means sections of the State borders of the Parties with non-participating States. The Treaty establishing the Eurasian Economic Community.

Article 2

The Parties cooperate in suppressing acts of terrorism on the external borders, the illegal movement of weapons and ammunition, explosives, toxic, narcotic and psychotropic substances, radioactive materials and other contraband items, as well as in combating illegal migration and manifestations of religious extremism.

Article 3

The Parties shall take measures to harmonize national legislative and other regulatory acts on border issues in accordance with the Protocol on the Fundamentals of the Activities of Border Agencies to Promote the Harmonization of Legislative and Other Regulatory Frameworks of the member States of the Eurasian Economic Community (Appendix No. 1).

Article 4

The bor The border agencies of the Parties, in accordance with the Agreement on Information Cooperation between the member States of the Eurasian Economic Community on Border Issues dated September 14, 2001, carry out a constant exchange of information on the situation at the external border, as well as on other issues related to the protection of the state border and of mutual interest. On certain issues related to the protection of external borders, the border agencies of the Parties shall conduct mutual consultations in accordance with the Protocol on the Procedure for Mutual Consultations on the Protection of the External Borders of the Member States of the Eurasian Economic Community (Appendix No. 2).

Article 5

Cooperation of border agencies in operational search activities in Cooperation of border agencies in operational search activities in the interests of protecting external borders is carried out by the Parties in accordance with the Protocol on Cooperation of Border Agencies of the Member States of the Eurasian Economic Community in Operational Search Activities in the Interests of Protecting the External Borders of the EurAsEC Member States (Appendix No. 3).

Article 6

Each Party grants aircraft of the border agencies of the other Parties, when use Each Party grircraft of the border agencies of the other Parties, when used in the interests of protecting external borders, the right to use its airspace, airports, airfields (landing sites), regardless of their affiliation and purpose, as well as to receive navigation, meteorological and other information, and ensures flights and maintenance of aircraft in accordance with with bilateral and multilateral treaties between the Member States Of the Eurasian Economic Community.

Article 7

Cooperation of border agencies in the field of border protection at checkpoints across the external borders of the member States of the Eurasian Economic Community is carried out by the Parties in accordance with the Protocol on Cooperation of Border Agencies in the field of Border Protection at Checkpoints across the External Borders of the Member States of the Eurasian Economic Community (Appendix No. 4).

Article 8

The Parties provide mutual assistance in the logistical support of borParties provide mutual assistance in the logistical support of border agencies, as well as in the development, placement of orders for the manufacture, implementation and repair of weapons, equipment, and equipment used in the protection of the Parties' state borders in accordance with the Protocol on Cooperation between Border Agencies of the Member States of the Eurasian Economic Community in the field of logistical support for the protection of State Borders. (Appendix No. 5).

Article 9

The border agencies of the Parties, in accordance with multilateral and bilateral agreements, provide mutual assistance in the training, retraining and advanced training of military personnel for the border agencies of the member States of the Eurasian Economic Community, including junior specialists.

Article 10

Disputes regarding the interpretation aDisputes regarding the interpretation and application of the provisions of this Agreement are resolved through mutual consultations and negotiations. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by the Parties by signing protocols that are an integral part of this Agreement.

Article 11

This Agreement shall enter into force on the date of receipt by the depositary, which is The Integration Committee of the Eurasian Economic Community, the third notification on the fulfillment by the Parties of the necessary internal procedures for this.

Article 12

After its entry into force, this Treaty is open After its entry into force, this Treaty is open for accession by other States that have acceded to the Treaty establishing the Eurasian Economic Community of October 10, 2000. For the acceding State, the Treaty enters into force on the date of delivery of the notification of accession to the depositary.

Article 13

This Agreement is valid for five years from the date of entry into force. After this period, the Contract is automatically renewed each time for a period of five years. Each of the Parties has the right to withdraw from this Agreement by notifying the depositary in writing at least six months prior to withdrawal.

Done in Moscow on February 21, 2003, in one original copy in the Russian language. The ori Done in Moscow on February 21, 2003, in one original copy in the Russian language. The original copy of the Agreement is kept in the Integration Committee of the Eurasian Economic Community, which will send a certified copy to each State party to this Agreement.

For For For For For the Republic of the Republic Kyrgyz The Russian Republic of Belarus, the Republic of Kazakhstan The Federation Tadjikistan

Appendix No. 1 to the Agreement on Cooperation in the Protection of External Borders Member States of the Eurasian Economic Community

Protocol on the basics of the activities of border agencies to promote the harmonization of the legislative and other regulatory framework of the member States of the Eurasian Economic Community

Article 1

The main objectives of the harmonization of national legislative and other regulatory acts on border issues are: - the establishment of a uniform (unified) procedure for regulating legal relations through the legal interpretation of provisions, concluded international treaties, decisions of integration authorities on border issues into national legislative and other regulatory legal acts; - assistance to the development of border agencies, the full deepening of their cooperation and further improving the protection of external borders; - adjusting the departmental regulatory framework and creating the necessary conditions based on national legislation to ensure compliance by Member States The Eurasian Economic Community's obligations on border issues.

Article 2

The Council on Border Issues under the EurAsEC Integration Committee coordinates and coordinates the efforts of the border agencies of the Parties aimed at mutual convergence of national legislative and other regulatory legal acts on border issues.

Article 3

The prevention and resolution of possible discrepancies in the application of the norms of the national legislation of the Parties concerning border issues within the framework of the EurAsEC is carried out through consultations of the authorized bodies (representatives) of the border agencies of the Parties, ensuring permanent and substantive interaction of the Council on Border Issues with the Coordinating Council for Harmonization at the Interparliamentary Assembly and other competent bodies of the Eurasian Economic Community.

Article 4

The Secretary of the Council is responsible for developing measures to harmonize the legislative and other regulatory framework, analyzing, summarizing and coordinating proposals for the implementation of agreements on border issues, as well as preparing relevant materials for meetings of the Council on Border Issues.

Article 5

This Protocol is an integral part of the Treaty on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community, enters into force and operates on the terms and in accordance with the procedure defined by the Treaty.

Appendix No. 2 to the Agreement on Cooperation in the Protection of External Borders Member States of the Eurasian Economic Community

Protocol on the procedure for mutual consultations on the protection of the External borders of the Member States of the Eurasian Economic Community

Article 1

Consultations on the protection of the external borders of the member States of the Eurasian Economic Community are conducted, as necessary, as part of the heads of the border agencies of the Parties or their deputies, with the involvement of specialists and consultants.

Article 2

The main objectives of the consultations are: - to develop proposals for the implementation of measures and measures to develop border cooperation in various fields of activity of border structures; - to develop and prepare proposals for coordinated joint activities to ensure the security of external borders.

Article 3

During consultations, the border agencies of the Parties inform each other about the situation on the state border, as well as military, political, and socio-economic processes taking place in the border areas, and measures taken to ensure the protection of the external borders.

Article 4

In case of situations requiring an emergency decision, the border agencies of the Parties hold consultations in a reduced number of delegations.

Article 5

With the general consent of the participants in the consultations, representatives of other interested ministries and departments of the Parties may participate in them.

Article 6

The agenda and procedure for holding consultations are determined by the participants in the consultations. Consultations are conducted under the chairmanship of the head of the border agency of the host Country, and in exceptional cases, the chairman may be elected by the participants in the consultations.

Article 7

The costs associated with the consultations are borne by the border agency of the host Country. The costs associated with the stay of the consultation participants are borne by each border agency of the Parties independently. The costs associated with the participation in consultations of representatives of other interested ministries and departments of the Parties are borne by the interested ministries and departments of the sending Party independently. The receiving party ensures the safety of the consultation participants.

Article 8

When considering issues affecting the interests of third States, their representatives may participate only with the consent of all participants in this consultation.

Article 9

The results of the consultations are formalized in the relevant final documents, which are submitted to the heads of border agencies. By mutual agreement, the final documents may be confidential.

Article 10

Appendix No. 3 to the Agreement on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community

Protocol on Cooperation of the Border Agencies of the Member States of the Eurasian Economic Community in operational search activities in the interests of Protecting the External Borders of the EurAsEC Member States

Article 1

Operational search activities in the interests of protecting the external borders are carried out in accordance with the legislation of the Parties. Cooperation in the field of operational investigative activities is organized in order to make the most effective and mutually beneficial use of available opportunities in the field of combating the smuggling of narcotic drugs, psychotropic substances, weapons, ammunition, explosives, toxic, radioactive substances and other goods and objects prohibited for movement across the state border, preventing illegal migration, as well as countering transnational organized crime., international terrorism, religious extremism and is carried out in accordance with the, established by this Protocol.

Article 2

The border agencies of the Parties cooperate in operational search activities by: - fulfilling requests for operational search activities; - developing and adopting joint or coordinated measures to prevent, identify and suppress illegal actions at the external borders, notifying each other of the results of their implementation; - taking measures to identify and verify persons involved in preparation for the commission of illegal actions on the external borders; - exchange of experience in operational investigative activities; - additional processing of plans for joint operational activities using the capabilities of special services on specific issues of mutual interest to transnational organized criminal groups, representatives of terrorist and extremist organizations, and groups of individuals and individuals.

Article 3

Information is exchanged during meetings of representatives of the border agencies of the Parties, as well as through correspondence, telephone, fax and other types of communication. Each Party ensures confidentiality, proper accounting and storage of information and documents received from the other Party. The provisions of this article do not apply to the procedure for the exchange of information of limited distribution and information constituting, in accordance with the laws of the Parties, a state or other legally protected secret. Such information is transmitted in accordance with the Agreement on Information Cooperation between the Member States of the Eurasian Economic Community on Border Issues dated September 14, 2001.

Article 4

Requests for operational search measures are sent in writing. In urgent cases, requests are transmitted orally. Requests submitted orally are immediately confirmed in writing. The requested Party shall inform the requesting Party as soon as possible of the results of the execution of the request.

Article 5

Working meetings of representatives of the border agencies of the Parties are held to resolve current issues, coordinate ongoing events, and exchange information. The dates of the meetings and the issues on the agenda are agreed upon in a working manner. The results of the meetings, if necessary, are recorded in minutes.

Article 6

Visits of representatives of the border agencies of the Parties to the territory of the other Party are carried out in agreement with the host Party. The expenses related to the stay of the participants in the working meetings are borne by the border agency of the sending Party independently.

Article 7

Article 8

When considering issues affecting the interests of third States, their representatives may participate only with the consent of all participants in this consultation.

Article 9

The results of the consultations are formalized in the relevant final documents, which are submitted to the heads of border agencies. By mutual agreement, the final documents may be confidential.

Article 10

Appendix No. 3 to the Agreement on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Appendix No. 4 to the Agreement on Cooperation in the Protection of External Borders Member States of the Eurasian Economic Community

Protocol on Cooperation of Border Agencies in the field of border protection at checkpoints across the External Borders of the Member States of the Eurasian Economic Community

Article 1

The main objectives of cooperation between border agencies in the field of border protection at checkpoints across external borders are: - to develop common approaches and views on the development of border cooperation in the field of border control at checkpoints on external borders; - to develop and prepare proposals for coordinated joint regime measures in the interests of border protection at checkpoints across external borders.

Article 2

The border agencies shall take coordinated measures to improve the effectiveness of border control at checkpoints on the external borders in accordance with the legislation of the Parties. Border agencies, if necessary, create separate directions at checkpoints for border control of citizens of the Parties, and also make concerted efforts to simplify border control procedures for the entry of citizens of the Parties from the territory of third States.

Article 3

In order to increase the effectiveness of border control at checkpoints on the external borders, the border agencies of the Parties exchange information: - on the opening of new checkpoints; - on the current situation and the main trends in its development on international routes affecting the implementation of border control at checkpoints of the Parties; - on new and possible channels of illegal migration, movement of weapons, narcotic drugs and psychotropic substances and other contraband items; - on the identified signs of forgery of documents for the right to cross borders, tricks, techniques and methods of hiding persons and contraband items in vehicles, cargo and baggage; - on legislative and other regulatory legal acts, as well as on concluded bilateral and multilateral international agreements with the participation of the Parties on border crossing and border control; - on in certain directions at border checkpoints established for border control of citizens of the Parties; - about other issues of mutual interest for the implementation of border control. Information is exchanged in accordance with the Agreement on Information Cooperation between the Member States of the Eurasian Economic Community on Border Issues dated September 14, 2001.

Article 4

The border agencies of the Parties carry out joint activities on the following issues: - improvement and optimization of border control technologies; - effective use of special technical means and service animals in the implementation of border control; - monitoring illegal activities at checkpoints; - creation of optimal organizational structures of formations, units and subdivisions of border control; - on other issues related to their activities. competencies.

Article 5

Border agencies plan and implement coordinated measures to curb acts of terrorism, illegal movement of weapons, ammunition, narcotic drugs, toxic and psychotropic substances, other contraband items, illegal entry (exit) into their territory, as well as other types of border control offenses.

Article 6

The cooperation provided for in this Protocol is carried out through direct contacts and agreements between the border agencies of the Parties. The coordination of these activities is entrusted to the Council on Border Issues under the EurAsEC Integration Committee.

Article 7

Appendix No. 5 to the Agreement on Cooperation in the Protection of External Borders Member States of the Eurasian Economic Community

Protocol on Cooperation between the border Agencies of the Member States of the Eurasian Economic Community in the field of logistical support for the protection of State Borders

Article 1

The logistical support of the border agencies of the Parties is carried out independently in the relevant logistics systems of the Parties.

Article 2

Logistical support for the protection of the state borders of the Parties with material resources not produced on their territories, but produced on the territories of other Parties, is carried out by the Parties in accordance with the laws of the Parties and international treaties.

Article 3

The parties provide mutual assistance in the logistical support of the border troops, as well as in the development, placement of orders for the manufacture, implementation and repair of weapons, equipment and equipment used in the protection of external borders, on the basis of separate business agreements.

Article 4

The Parties shall exchange information on the material and technical means manufactured in their territories and used in the protection of state borders, as well as on the possibility and conditions of their supply.

Article 5

I, Grigory Alekseevich Rapota, Secretary General of the Eurasian Economic Community, certify that this text is an authentic and complete copy of the Agreement on Cooperation in Protecting the External Borders of the Member States of the Eurasian Economic Community, signed on February 21, 2003 by President of the Republic of Belarus Alexander Lukashenko, President of the Republic of Kazakhstan Nursultan Nazarbayev, President of the Kyrgyz Republic Askar Akayev, President of the Russian Federation President of the Russian Federation Vladimir Putin and President of the Republic of Tajikistan Emomali Rakhmonov in Moscow.

 Secretary General of the EurAsEC

Moscow, February 27, 2003 A total of 12 sheets are laced, numbered and sealed.

I hereby certify that this text is a true copy from a certified copy of the Agreement on Cooperation in the Protection of the External Borders of the Member States of the Eurasian Economic Community dated February 21, 2003.

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

President

Republic of Kazakhstan

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