On the ratification of the Treaty on Cooperation of the Member States of the Commonwealth of Independent States in the Fight against Terrorism

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The Law of the Republic of Kazakhstan dated October 23, 2000 N 93

To ratify the Treaty on Cooperation of the Member States of the Commonwealth of Independent States in the Fight against Terrorism, signed in Minsk on June 4, 1999.

President of the Republic of Kazakhstan

Officially certified text

 Contract* on cooperation between the Member States of the Commonwealth Independent States in the fight against terrorism

*(Entered into force on December 5, 2000 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 10, Article 59; 2006, No. 1, Article 6)

Signed by: Republic of Azerbaijan, Republic of Armenia, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan

notifications have been submitted:

Republic of Tajikistan - deposited on October 3, 2000;

Republic of Kazakhstan - deposited on December 5, 2000;

Kyrgyz Republic - deposited on February 6, 2001

(notification of ratification,

The instrument of ratification is not

presented by);

Republic of Moldova - deposited on August 22, 2001;

Georgia - deposited on October 30, 2001 (on the need to fulfill

domestic procedures);

Republic of Armenia - deposited on December 28, 2001;

Republic of Belarus - deposited on December 23, 2002

(about joining; procedure

the connection is completed);

Russian Federation - deposited on January 13, 2005.

The Treaty entered into force for the States:

Republic of Azerbaijan - June 4, 1999;*

Republic of Tajikistan - October 3, 2000;

Republic of Kazakhstan - December 5, 2000;

Kyrgyz Republic - February 6, 2001;

Republic of Moldova - August 22, 2001;

Republic of Armenia - December 28, 2001;

Republic of Belarus - April 18, 2004; Russian Federation - January 13, 2005.

Note:

The depositary has not received a notification from the Republic of Azerbaijan on the need to carry out internal procedures or on the absence of the need to carry them out.

* No notifications have been received by the depositary within three months of signing.

The States Parties to this Treaty, represented by their Governments, hereinafter referred to as the Parties, aware of the danger posed by acts of terrorism, taking into account documents adopted within the framework of the United Nations, the Commonwealth of Independent States, as well as other international documents related to combating various manifestations of terrorism, desiring to provide each other with the widest possible assistance and to increase the effectiveness of cooperation in this area, we have agreed on the following:

 Article 1

For the purposes of this Treaty, the terms used therein mean: "terrorism" is an unlawful criminally punishable act committed for the purpose of violating public safety, influencing decision-making by government authorities, and intimidating the population, manifested in the form of: violence or threat of its use against individuals or legal entities; destruction (damage) or threat of destruction. (damage) to property and other material objects that pose a risk of loss of life; causing significant property damage or other socially dangerous consequences; encroachment on the life of a state or public figure committed to terminate his state or other political activities or out of revenge for such activities; attacks on a representative of a foreign state or an employee of an international organization enjoying international protection, as well as on office premises or vehicles of persons using international protection; other acts that fall under the concept of terrorism in accordance with the national legislation of the Parties, as well as other generally recognized international legal acts aimed at combating terrorism.; "technological terrorism" - the use or threat of use of nuclear, radiological, chemical or bacteriological (biological) weapons or their components, pathogenic microorganisms, radioactive and other substances harmful to human health, including the seizure, incapacitation and destruction of nuclear, chemical or other facilities of increased technological and environmental danger, life support systems of cities and other settlements, if These actions were committed in order to violate public safety, intimidate the population, and influence decision-making by government authorities., to achieve political, mercenary or any other goals, as well as an attempt to commit one of the above crimes for the same purposes, directing, financing or participating as an instigator, accomplice or accomplice of a person who commits or attempts to commit such a crime; "facilities of increased technological and environmental danger" - enterprises, structures, installations and other facilities, the decommissioning of which can lead to death of people, damage to public health, environmental pollution or destabilization of the situation in a particular region or a particular state as a whole; "special anti-terrorist formations" - groups of specialists formed by the Parties to the conflict. in accordance with national legislation, to combat acts of terrorism; "special means and support materials" - materials, technical and transport means, equipment of special anti-terrorist formations, including weapons and ammunition, special means and equipment.

 Article 2

The Parties will cooperate in the prevention, detection, suppression and investigation of acts of terrorism in accordance with this Treaty, national legislation and international obligations.

 Article 3

1. Each of the Parties, when signing this Agreement or performing the internal procedures necessary for its entry into force, will indicate its competent authorities responsible for implementing the provisions of this Agreement. The Parties will immediately notify the depositary of any changes regarding their competent authorities. 2. The competent authorities of the Parties shall communicate directly with each other when implementing the provisions of this Agreement.

 Article 4

1. When cooperating in combating acts of terrorism, including in the extradition of the perpetrators, the Parties consider the relevant acts only as criminal. 2. The nationality of a person accused of an act of terrorism is determined at the time of its commission.

 Article 5

1. The competent authorities of the Parties, in accordance with this Treaty, other international treaties and national legislation, shall cooperate and assist each other by: a) information exchange; b) execution of requests for operational search measures; c) development and adoption of coordinated measures for the prevention, detection, suppression or investigation of acts of terrorism and mutual notification of these measures; (d) Taking measures to prevent and suppress on their territory preparations for the commission of acts of terrorism on the territory of the other Party; (e) assisting in assessing the state of the system of physical protection of facilities with increased technological and environmental hazards, developing and implementing measures to improve this system; (f) exchanging regulatory legal acts and materials on the practice of their application; (g) The dispatch, by agreement between the Parties concerned, of special anti-terrorist units to provide practical assistance in suppressing acts of terrorism and combating their consequences; (h) The exchange of experience in preventing and combating terrorist acts, including internships, seminars, consultations and scientific and practical conferences; and) training and advanced training of staff; (k) Jointly, by agreement of the Parties, finance and conduct research and development work on the development of systems and means of physical protection of facilities with increased technological and environmental hazards; (l) supply on a contractual basis special means, equipment and equipment to ensure anti-terrorist activities. 2. The procedure for sending and executing requests for extradition, legal assistance in criminal matters, and criminal prosecution is determined by international treaties to which the Parties concerned are parties.

 Article 6

The Parties, through mutual consultations, jointly develop recommendations to achieve agreed approaches to the regulatory and legal regulation of issues related to the prevention and combating of terrorist acts.

 Article 7

1. Cooperation under this Agreement is carried out on the basis of requests from the interested Party for assistance or on the initiative of the Party assuming that such assistance is of interest to the other Party. 2. A request for assistance shall be sent in writing. In urgent cases, requests can be transmitted orally, but no later than 72 hours later they must be confirmed in writing, including using technical means of text transmission. If there is doubt about the authenticity or content of the request, additional confirmation may be requested. The request must contain: a) the name of the competent authority requesting assistance and the requested authority; a statement of the merits of the case; the purpose and justification of the request; a description of the content of the requested assistance; b) any other information that may be useful for the proper execution of the request. 3. A request for assistance submitted or confirmed in writing shall be signed by the head of the requesting competent authority or his deputy and certified by the stamp of the requesting competent authority.

 Article 8

1. The requested Party shall take all necessary measures to ensure the prompt and fullest possible execution of the request. The requesting Party is immediately notified of the circumstances preventing the execution of the request or significantly delaying its execution. 2. If the execution of the request does not fall within the competence of the requested competent authority, it transmits the request to the authority of its State competent to execute it and immediately notifies the requesting competent authority. 3. The requested Party has the right to request additional information necessary, in its opinion, for the proper execution of the request. 4. When executing a request, the legislation of the requested Party is applied, however, at the request of the requesting Party, its legislation may be applied if it does not contradict the basic principles of legislation or the international obligations of the requested Party. 5. If the requested Party considers that the immediate execution of the request may interfere with criminal prosecution or other proceedings carried out in its territory, it may postpone the execution of the request or bind its execution to the conditions determined as necessary after consultation with the requesting Party. If the requesting Party agrees to assist it on the proposed terms, it must comply with these terms. 6. The requested Party, at the request of the requesting Party, shall take the necessary measures to ensure the confidentiality of the fact of receipt of the request, the content of this request and the accompanying documents, as well as the fact of assistance. If it is impossible to execute the request without confidentiality, the requested Party informs the requesting Party, which decides whether to execute the request under such conditions. 7. The requested Party shall inform the requesting Party as soon as possible of the results of the execution of the request.

 Article 9

1. Assistance under this Agreement is refused in whole or in part if the requested Party believes that fulfilling the request may harm its sovereignty, security, public order or other essential interests, or contradict its legislation or international obligations. 2. Assistance may be refused if the act in connection with which the request was received is not a crime under the law of the requested Party. 3. The requesting Party shall be notified in writing of the complete or partial refusal to execute the request, indicating the reasons for the refusal listed in paragraph 1 of this article.

 Article 10

1. Each Party ensures the confidentiality of information and documents received from the other Party if they are confidential or if the transmitting Party considers it undesirable to disclose them. The degree of secrecy of such information and documents is determined by the transmitting Party. 2. The results of the execution of the request received on the basis of this Agreement may not be used for purposes other than those for which they were requested and provided without the consent of the Party providing them. 3. In order to transfer information received by one Party on the basis of this Agreement to a third party, the prior consent of the Party that provided this information is required.

 Article 11

The competent authorities of the Parties shall exchange information on issues of mutual interest, including: a) materials distributed in the territories of their States containing information about terrorist threats, upcoming and committed terrorist acts, and identified intentions of individuals, groups of individuals, or organizations to commit acts of terrorism.; b) impending acts of terrorism directed against heads of State, internationally protected persons, employees of diplomatic missions, consular offices and international organizations of the Parties, participants in state visits, international and national, political, sports and other events; c) facts of illicit trafficking in nuclear materials, chemical, bacteriological (biological) weapons or its components, highly toxic chemicals, pathogenic microorganisms; d) terrorist organizations, groups and individuals posing a threat to the security of their States, establishing contacts between terrorist organizations, groups or individuals; e) illegal armed formations using methods of terrorist activity, their structure, members, goals and objectives; f) identified methods, techniques and means of terrorist activity; g) means of support and equipment that can be provided by the Parties to each other within their existing capabilities.; h) the practice of legislative and other regulatory regulation of issues related to the subject of this Treaty; i) identified and suspected channels of financing and illegal delivery of weapons and other means of committing terrorist acts on the territory of their States; k) terrorist attacks aimed at violating the sovereignty and territorial integrity of the Parties; other issues of interest to the Parties.

 Article 12

1. Upon request or with the consent of the interested Party, the Parties may send representatives of their competent authorities, including special anti-terrorist units, to provide methodological, advisory or practical assistance in accordance with this Treaty. At the same time, the receiving Party notifies the other Party in writing about the place, time, procedure for crossing its state border and the nature of the tasks assigned, facilitates and creates the necessary conditions for their effective solution, including unhindered transportation of people, special equipment and support materials, as well as free accommodation, meals and use of the transport infrastructure of the receiving Party. Any movement of a special anti-terrorist unit or individual members of this unit to the territory of the host Party is possible only with special permission and under the supervision of the head of the competent authority of the host Party. 2. The procedure for using air, road, rail, river and sea transport to provide assistance is determined by the competent authorities of the Parties in coordination with the ministries and departments of the host Party concerned.

 Article 13

1. For the purpose of efficiency and promptness in providing assistance, the Parties will ensure the accelerated implementation of the formalities established by national legislation when special anti-terrorist formations cross the state border. 2. The head of the special anti-terrorist formation presents at the state border checkpoint a list of names for the group and a list of special means and support materials certified by the competent authorities of the sending Party, indicating the purpose of the formation's arrival on the territory of the receiving Party, and all members of the formation present national passports and documents confirming membership in the competent authorities for combating terrorism. 3. Special means and support materials are exempt from customs duties and charges and must either be used during the relief operation or removed from the territory of the receiving Party upon its completion. If, due to special circumstances, it is not possible to remove special means and support materials, the competent authorities of the sending Party shall transfer them to the competent authorities of the receiving Party.

 Article 14

The decision on the procedure for carrying out special events under this Agreement is made by the competent authority of the host Party, taking into account the opinion of the head of the arrived anti-terrorist formation of the other Party. If this opinion is not taken into account, the manager has the right to refuse to participate in the special event.

 Article 15

1. The receiving Party waives any claims against the Party providing assistance, including with respect to compensation for damage related to death, bodily injury or any other damage caused to the life, health and property of individuals located on the territory of the receiving Party, as well as to legal entities and the receiving Party itself, if such damage It was inflicted while performing tasks related to the implementation of this Agreement. 2. If a participant in a special anti-terrorist formation of the sending Party causes damage to any person or organization while performing tasks related to the implementation of this Treaty on the territory of the receiving Party, the damage shall be compensated by the receiving Party in accordance with the provisions of national legislation that would apply in the event of damage by participants in the anti-terrorist formations of the receiving Party under similar circumstances. 3. The procedure for reimbursement of expenses incurred by the sending Party, including expenses related to the loss, complete or partial destruction of imported special equipment and support materials, is established by agreement between the Parties concerned. 4. If one of the Parties considers the damage caused by the actions of the special anti-terrorist unit not adequate to the objectives of the operation, the differences that have arisen will be resolved on a bilateral basis by the Parties concerned.

 Article 16

In order to implement this Agreement, the competent authorities of the Parties may, if necessary, hold consultations and working meetings.

 Article 17

The Parties may, by mutual agreement and on the basis of separate agreements, conduct joint exercises of special anti-terrorist formations and, on a reciprocal basis, organize internships for representatives of the other Side in their national anti-terrorist units.

 Article 18

1. Materials, special equipment, machinery and equipment received by the competent authorities of the Parties under this Agreement may be transferred to a third party only with the consent and on the terms of the competent authority that provided such materials, special equipment, machinery and equipment. 2. Information on the methods of operational search operations of special anti-terrorist formations, the characteristics of special forces and means, and support materials used to provide assistance under this Agreement are not subject to disclosure.

 Article 19

The interested Parties, if necessary, will coordinate financial, organizational, technical and other conditions for providing assistance under this Agreement.

 Article 20

1. This Agreement does not limit the right of the Parties to conclude bilateral international agreements on matters that are the subject of this Agreement, and does not affect the rights and obligations of the Parties arising from other international agreements to which they are parties. 2. The competent authorities of the Parties may conclude agreements among themselves that regulate in more detail the procedure for the execution of this Agreement.

 Article 21

Disputes arising from the interpretation or application of this Agreement shall be resolved through consultations and negotiations between the Parties.

 Article 22

This Agreement shall enter into force from the date of its signing. For Parties whose legislation requires the implementation of internal procedures necessary for its entry into force, from the date of delivery of the relevant notification to the depositary. The Parties shall notify the depositary of the need to carry out such procedures within three months from the date of signing this Agreement.

 Article 23

This Agreement is valid for five years from the date of entry into force and its validity is automatically extended for subsequent five-year periods, unless the Parties adopt a different procedure. Each of the Parties may withdraw from this Agreement by sending a written notification to the depositary at least six months before the withdrawal, having settled the financial and other obligations that have arisen during the validity of this Agreement. At the same time, the provisions of Article 18 of this Treaty shall continue to apply for the Party that has withdrawn from the Treaty for another 10 years, and Article 10 for an indefinite period.

 Article 24

After the entry into force of this Treaty, with the consent of the Parties, other States, including those that are not members of the Commonwealth of Independent States, may accede to it by submitting documents of accession to the depositary. The accession shall be deemed to have entered into force after 30 days from the date of receipt by the depositary of the last notification of the Parties' consent to such accession.

 Article 25

The Depositary will immediately notify the Parties of their accession to this Treaty or the completion of internal procedures necessary for its entry into force, the date of entry into force of the Treaty, as well as the receipt of other notifications and documents.

Done in Minsk on June 4, 1999, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State.

For the Government For the Government Azerbaijan Republic of the Republic of Moldova

For the Government For the Government of the Republic of Armenia Of the Russian Federation

For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan

For the Government For the Government of Georgia Turkmenistan

For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

For the Government For the Government Of the Kyrgyz Republic Of Ukraine

 Special opinion Amendments of the Republic of Azerbaijan to the Agreement on Cooperation of the Member States of the Commonwealth of Independent States Independent States in the fight against terrorism

With the exception of articles 12, 13, 14, 15 and 17, as well as paragraph "g" of Article 5, which provide for the creation of special anti-terrorist formations and units.

First Deputy The Prime Minister The Republic of Azerbaijan

 Georgia's reservation on the draft Agreement on Cooperation between the Member States of the Commonwealth Independent States in the fight against terrorism

When implementing paragraph 1 of Article 15 of the Treaty, Georgia reserves the right to make claims against the Party that provided assistance and participated in special events in case of damage contrary to the objectives defined in accordance with the procedure provided for in Article 14 of this Treaty.

I hereby certify that the attached text is an authentic copy of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Terrorism, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which was held on June 4, 1999 in Minsk. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

Chairman of the Executive Committee - Executive Secretary The Commonwealth of Independent States