On the ratification of the World Health Organization Framework Convention on Tobacco Control

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Law of the Republic of Kazakhstan dated November 25, 2006 No. 193

To ratify the World Health Organization Framework Convention on Tobacco Control, signed in Geneva on May 21, 2003.

President of the Republic of Kazakhstan

WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL The preamble

The Parties to this Convention, determined to give priority attention to their right to the protection of human health, recognizing that the spread of the tobacco epidemic is a global problem with serious consequences for human health and which requires the widest possible international cooperation and participation of all countries in an effective, appropriate and comprehensive international response, reflecting the concerns of the international community about the devastating consequences for human health, as well as social, Expressing serious concern about the increasing worldwide consumption and production of cigarettes and other tobacco products, especially in developing countries, as well as the burden this imposes on families, the poor and national health systems, Recognizing that scientific evidence unequivocally confirms that tobacco use and exposure to tobacco smoke are the cause of death, diseases and disabilities, and that there is a definite time gap between the effects of smoking and other types of tobacco use and the onset of tobacco-related diseases, recognizing also that cigarettes and some other tobacco-containing products are high-tech products designed to create and maintain dependence, and that many contained in Their components and the smoke they emit are pharmacologically active, toxic, mutagenic and carcinogenic., and also that tobacco dependence is classified as a separate disorder in the main international classifications of diseases, recognizing that there is currently clear scientific evidence that prenatal exposure to tobacco smoke causes adverse health and development conditions in children, expressing deep concern about the spread of smoking and other types of tobacco use by children and adolescents worldwide. especially about smoking at an increasingly young age, Alarmed at the increase in smoking and other tobacco use by women and girls worldwide, and taking into account the need for the full participation of women at all levels of policy development and implementation, as well as the need for gender-sensitive tobacco control strategies, deeply concerned about the high rates of smoking and other tobacco use tobacco by indigenous peoples, expressing serious concern about the impact of all forms of advertising, Recognizing that joint action is needed to eliminate all forms of illicit trade in cigarettes and other tobacco products, including smuggling, illicit manufacturing and counterfeiting, recognizing that tobacco control at all levels, and especially in developing countries and countries with economies in transition, requires adequate financial and technical resources commensurate with current and projected needs for tobacco control activities, Recognizing the need to develop appropriate mechanisms to address the long-term social and economic impacts of successful tobacco demand reduction strategies, taking into account the social and economic difficulties that tobacco control programmes may cause in the medium and long term in some developing countries and countries with economies in transition, and recognizing their needs for technical and financial assistance in the context of the developed at the national level of sustainable development strategies, realizing the valuable work, Encouraging the leadership of the World Health Organization, as well as the efforts of other organizations and bodies of the United Nations system and other international and regional intergovernmental organizations in developing tobacco control measures, emphasizing the special contribution of non-governmental organizations and other members of civil society not associated with the tobacco industry, This includes professional health authorities, women's groups, youth groups, environmental groups, and consumer groups., academic and health institutions, in tobacco control efforts at the national and international levels, as well as the vital importance of their participation in national and international tobacco control efforts, recognizing the need to be vigilant against any attempts by the tobacco industry to undermine or nullify tobacco control efforts and the need for awareness of tobacco industry activities that have a negative impact on tobacco control efforts, Recalling Article 12 of the International Covenant on Economic, Social and Cultural Rights, adopted by the United Nations General Assembly on December 16, 1966, which states that everyone has the right to the enjoyment of the highest attainable standard of physical and mental health, recalling also the preamble to the Charter of the World Health Organization, which states that the enjoyment of the highest attainable standard of health It is one of the fundamental rights of every human being without distinction of race, religion, political beliefs, economic or social status., Determined to promote tobacco control measures based on current and relevant scientific, technical and economic considerations, Recalling that the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly on December 18, 1979, provides that States - The parties to this Convention shall take appropriate measures to eliminate discrimination against women in the field of health care, recalling also that the Convention on the Rights of the Child, adopted by the UN General Assembly on November 20, 1989, provides that the States parties to this Convention recognize the right of the child to the enjoyment of the highest attainable standard of health, agreed as follows:

PART I: introduction

Article 1 Use of terms

For the purposes of this Convention:

(a) "Illicit trade" means any legally prohibited practice or conduct that relates to the production, shipment, receipt, possession, distribution, sale or acquisition, including any practice or conduct intended to facilitate such activities.

(b) "Regional economic integration organization" means any organization that consists of several sovereign States and to which its member States have delegated their authority on a number of issues, including the right to make decisions imposing obligations on its member States in relation to these issues.1

(c) "Tobacco advertising and promotion" means any type of communication of commercial information, recommendations or actions with the purpose, result or probable result of promoting the sale of a tobacco product or tobacco use, directly or indirectly.

(d) "Tobacco control" means a wide range of supply, demand and harm reduction strategies that aim to improve public health by eliminating or reducing tobacco product consumption and exposure to tobacco smoke.

(e) "Tobacco industry" means all those involved in the manufacture, wholesale distribution and import of tobacco products.

(f) "Tobacco products" means products made wholly or partly from tobacco leaves as raw materials, prepared in such a way as to be used for smoking, sucking, chewing or sniffing.

(g) "Tobacco sponsorship" means any type of contribution to any event, activity, or individual with the purpose, result, or probable result of promoting the sale of a tobacco product or tobacco use, directly or indirectly. ______________________________________ 1 Where appropriate, the definition of "national" will also apply to regional economic integration organizations.

Article 2 Relationship between this Convention and other treaties and legal documents

1. In order to ensure better protection of human health, the Parties are encouraged to implement measures other than those required by this Convention and its Protocols, and nothing in these documents prevents the Parties from adopting stricter requirements that are consistent with their provisions and comply with international law. 2. The provisions of this Convention and its Protocols shall in no way affect the right of the Parties to conclude bilateral or multilateral agreements, including regional or subregional agreements, on matters related to or additional to the Convention and its Protocols, provided that such agreements are consistent with their obligations under this Convention and its Protocols. The relevant Parties shall communicate such agreements to the Conference of the Parties through the Secretariat.

PART II: OBJECTIVE, GUIDELINES AND GENERAL OBLIGATIONS

Article 3 Purpose

The purpose of this Convention and its Protocols is to protect present and future generations from the devastating effects on human health, as well as the social, environmental and economic consequences of tobacco use and exposure to tobacco smoke, by providing an appropriate framework for tobacco control measures to be implemented by Parties at the national, regional and international levels in order to continuously and effectively significantly reduce the prevalence of tobacco use and exposure to tobacco smoke.

Article 4 Guiding principles

In order to achieve the purpose of this Convention and its Protocols and to implement its provisions, the Parties shall be guided, in particular, by the principles set out below: 1. Everyone should be informed about the health, narcotic and deadly effects of tobacco use and exposure to tobacco smoke, and effective legislative, executive, administrative or other measures should be considered at the appropriate governmental level to protect all people from exposure to tobacco smoke. 2. Strong political commitment is needed to develop and support comprehensive cross-sectoral measures and coordinated responses at the national, regional and international levels, taking into account: (a) the need to take measures to protect all people from exposure to tobacco smoke; (b) the need to take measures to prevent, promote and support the cessation and reduction of tobacco use in any form.; (c) The need to take measures to promote the participation of indigenous individuals and communities in the design, implementation and evaluation of tobacco control programmes that are socially and culturally appropriate to their needs and perspectives; and (d) the need to take measures to integrate gender-specific hazards into tobacco control strategies. 3. International cooperation, especially the transfer of technology, knowledge and financial assistance, as well as the provision of appropriate expertise for the creation and implementation of effective tobacco control programmes, taking into account local cultural conditions, as well as social, economic, political and legal factors, is an important part of this Convention. 4. Comprehensive multisectoral measures and responses to reduce the consumption of all tobacco products, undertaken at the national, regional and international levels, are necessary to prevent, in accordance with public health principles, morbidity, premature disability and mortality caused by tobacco use and exposure to tobacco smoke. 5. Liability issues, as defined by each Party within its jurisdiction, are an important part of comprehensive tobacco control. 6. The importance of technical and financial assistance to facilitate the economic transition of tobacco growers and tobacco industry workers, whose livelihoods are severely affected by tobacco control programmes in developing country Parties as well as in Parties with economies in transition, should be recognized and taken into account in the context of sustainable development strategies being developed at the national level. 7. The participation of civil society is necessary to achieve the objectives of the Convention and its Protocols.

Article 5 General obligations

1. Each Party shall develop, implement, periodically update and revise comprehensive multisectoral national tobacco control strategies, plans and programmes in accordance with this Convention and the Protocols to which it is a Party. 2. To achieve this goal, each Party, according to its capabilities, shall: (a) Establish or strengthen and fund a national tobacco control coordination mechanism or coordinating bodies; and (b) Adopt and implement effective legislative, executive, administrative and/or other measures and, where appropriate, cooperate with other Parties in developing appropriate policies to prevent and reduce tobacco use, nicotine addiction and exposure to tobacco smoke. 3. In developing and implementing their public health tobacco control policies, the Parties act in such a way as to protect their policies from the effects of commercial and other corporate interests of the tobacco industry in accordance with national legislation. 4. The Parties shall cooperate in developing proposed measures, procedures and guidelines for the implementation of this Convention and the Protocols to which they are Parties. 5. The Parties shall, as appropriate, cooperate with competent international and regional intergovernmental organizations and other bodies to achieve the objectives of this Convention and the Protocols to which they are Parties. 6. The Parties, to the extent of the means and resources at their disposal, shall cooperate in order to mobilize financial resources for the effective implementation of this Convention through bilateral and multilateral financing mechanisms.

PART III: MEASURES RELATED TO TOBACCO DEMAND REDUCTION

Article 6 Price and tax measures to reduce tobacco demand

1. The Parties recognize that price and tax measures are an effective and important means of reducing tobacco consumption by various groups of the population, especially young people. 2. Without prejudice to the sovereign right of the Parties to determine and establish their tax policies, each Party should take into account its national health objectives related to tobacco control and, where appropriate, introduce or maintain measures that may include: (a) the implementation of tax policies and, where appropriate, pricing policies for tobacco products, with in order to contribute to the achievement of health goals aimed at reducing tobacco consumption; and (b) Prohibiting or restricting, as appropriate, the sale and/or importation of tax-free and duty-free tobacco products to international travelers. 3. The Parties shall provide information on tobacco taxation rates and trends in tobacco consumption in their periodic reports to the Conference of the Parties in accordance with Article 21.

Article 7 Non-price tobacco demand reduction measures

The Parties recognize that comprehensive non-price measures are an effective and important means of reducing tobacco consumption. Each Party shall adopt and implement effective legislative, executive, administrative or other measures necessary to comply with its obligations under Articles 8-13, and, where appropriate, cooperate with other Parties directly or through competent international bodies to implement them. The Conference of the Parties shall propose appropriate guidelines for the implementation of the provisions of these Articles.

Article 8 Protection from exposure to tobacco smoke

1. The Parties recognize that scientific evidence unequivocally confirms that exposure to tobacco smoke is a cause of death, illness and disability. 2. Each Party shall adopt and implement in areas of existing national jurisdiction defined by national legislation and actively promote at other levels of jurisdiction the adoption and implementation of effective legislative, executive, administrative and/or other measures to ensure protection from exposure to tobacco smoke in indoor workplaces, public transport and enclosed public places and, where appropriate in other public places.

Article 9 Regulation of the composition of tobacco products

The Conference of the Parties, in consultation with the competent international bodies, proposes guidelines for testing and measuring the composition of tobacco products and the products they emit, as well as regulating this composition and the products they emit. Each Party shall adopt and implement, in cases approved by the competent national authorities, effective legislative, executive, administrative or other measures for such testing and measurement, as well as for such regulation.

Article 10 Regulation of the disclosure of tobacco products

Each Party, in accordance with its national legislation, shall adopt and implement effective legislative, executive, administrative or other measures requiring manufacturers and importers of tobacco products to disclose to government authorities information on the composition of tobacco products and the products they emit. In addition, each Party shall adopt and implement effective measures to inform the public about the toxic components of tobacco products and the products they may emit.

Article 11 Packaging and labeling of tobacco products

1. Each Party shall, within a period of three years from the date of entry into force of this Convention for that Party, in accordance with its national legislation, take and implement effective measures to: (a) Packaging and labeling of tobacco products does not encourage the sale of tobacco products in any way that is false, misleading or deceptive, or creates incorrect impression of its characteristics, health effects, hazards, or secreted products, including any term, description, trademark, symbol, or any other mark, which directly or indirectly create a false impression that a certain tobacco product is less harmful than other tobacco products. They may include terms such as "low tar", "light", "very light" or "mild"; and (b) each pack and package of tobacco products and any outer packaging and labeling of such products also contained health warnings describing the harmful effects of tobacco use., and other relevant messages could be provided. Such warnings and messages are: (i) approved by the competent national authorities, (ii) periodically changed, (iii) are large, clear, visible and easy to read, (iv) occupy 50% or more of the main marked surface, but in no case less than 30% of the main marked surface, (v) can be made in the form of drawings or pictographs, or include them. 2. Each pack and package of tobacco products and any outer packaging and labeling of such products, in addition to the warnings provided for in paragraph 1 (b) of this Article, should contain information about the relevant components of tobacco products and the products they emit, as determined by national authorities. 3. Each Party shall require that the warnings and other textual information referred to in paragraph 1 (b) and paragraph 2 of this Article appear on each pack and package of tobacco products and on any outer packaging and labeling of such products in its main language or main languages. 4. For the purposes of this Article, the term "outer packaging and labeling" is applied in relation to tobacco products to any packaging and labeling used in the retail sale of this product.

Article 12 Education, information transmission, training and informing the public

Each Party shall maintain and strengthen a public awareness system on tobacco control issues, using all available means of information transmission, as appropriate. To this end, each Party shall adopt and implement effective legislative, executive, administrative or other measures aimed at promoting: (a) Widespread access to effective and comprehensive education and awareness programmes on the health risks of tobacco use and exposure to tobacco smoke, including addiction; (b) Informing the public about the health risks of tobacco use and exposure to tobacco smoke, as well as the benefits of tobacco cessation and a tobacco-free lifestyle, as set out in Article 14.2; (c) Providing the public, in accordance with national legislation, with a wide variety of information about the tobacco industry relevant to the purpose of this Convention. Conventions; (d) Effective and appropriate tobacco control training or awareness-raising and education programmes targeting individuals such as health workers, community workers, social workers, media professionals, educators, decision makers, managers and other relevant individuals; (e) Informing and involving public and private institutions and non-governmental organizations outside the tobacco industry in the development and implementation of intersectoral tobacco control programmes and strategies; and (f) informing the public and accessing information about the negative effects of tobacco production and consumption on human health, as well as its negative economic and social consequences. environmental consequences.

Article 13 Advertising, promotion and sponsorship of tobacco products

1. The Parties recognize that a complete ban on advertising, sales promotion and sponsorship will lead to a reduction in the consumption of tobacco products. 2. Each Party, in accordance with its Constitution or constitutional principles, imposes a complete ban on all advertising, promotion and sponsorship of tobacco products. This includes, subject to compliance with legal conditions and the availability of technical means available to that Party, a complete ban on cross-border advertising, sales promotion and sponsorship originating from its territory. In this regard, each Party shall, within five years of the entry into force of the Convention for that Party, take appropriate legislative, executive, administrative and/or other measures and submit appropriate reports in accordance with Article 21. 3. A Party that is unable to impose a complete ban by virtue of its constitution or constitutional principles shall apply restrictions on all advertising, sales promotion, and sponsorship of tobacco products. This includes, subject to compliance with the legal conditions and the availability of technical means available to that Party, restrictions or a complete ban on advertising, sales promotion and sponsorship originating from its territory and having a cross-border effect. In this regard, each Party shall take appropriate legislative, executive, administrative and/or other measures and submit relevant reports in accordance with Article 21.4. At a minimum and in accordance with its constitution or constitutional principles, each Party: a) prohibits all forms of advertising, promotion and sponsorship of tobacco products that promote tobacco products to the market by means that are false, misleading or otherwise deceptive or that may create a misconception about their characteristics, health effects, hazards or released products; (b) Requires that a health warning or other appropriate warning accompany any advertising of tobacco products and, where appropriate, sales promotion and sponsorship; (c) restricts the use of direct or indirect incentives that encourage the purchase of tobacco products by the public; (d) Requires, if it has not imposed a complete ban, disclosure by the relevant government to provide information on tobacco industry expenditures on advertising, sales promotion, and sponsorship, which are not yet prohibited. These authorities may decide, in accordance with national legislation, to make this data available to the public and the Conference of the Parties pursuant to Article 21; e) imposes a total ban or, in the case of a Party that cannot impose a total ban due to its constitution or constitutional principles, restricts advertising, sales promotion and sponsorship of on radio, television, in print media and, where appropriate, in other media such as the Internet, for a period of five years; and f) prohibits or, in the case of a Party that cannot prohibit by virtue of its constitution or constitutional principles, restricts sponsorship of tobacco products during international events, events or among their participants. 5. The Parties are encouraged to implement measures that go beyond the obligations set out in paragraph 4. 6. The Parties shall cooperate in the development of technologies and other means necessary to facilitate the elimination of cross-border advertising. 7. Parties that have already banned certain forms of tobacco advertising, sales promotion and sponsorship have the sovereign right to prohibit such forms of cross-border advertising, sales promotion and sponsorship entering its territory and impose the same sanctions as those applied to domestic advertising, sales promotion and sponsorship originating from its territory. territories, in accordance with their national legislation. This paragraph does not imply the approval or approval of any specific sanction. 8. The Parties will consider developing a protocol outlining appropriate measures that require international cooperation to completely ban cross-border advertising, sales promotion and sponsorship.

Article 14 Demand reduction measures related to tobacco dependence and tobacco cessation

1. Each Party shall develop and disseminate appropriate, comprehensive and integrated guidelines based on scientific evidence and best practices, taking into account national circumstances and priorities, and shall take effective measures to promote tobacco cessation and ensure adequate treatment for tobacco dependence. 2. To achieve this goal, each Party shall strive to: (a) Develop and implement effective programmes aimed at promoting tobacco cessation, including in places such as educational institutions, health facilities, workplaces and venues for sporting events; (b) Include the diagnosis and treatment of tobacco dependence and tobacco cessation counselling services in national health and education programmes, plans and strategies, with the participation of health workers, community workers and social workers, as appropriate; (c) Establish health care and rehabilitation programmes in health care facilities and rehabilitation centres. diagnosis, counseling, prevention and treatment of tobacco addiction; and, d) cooperate with other Parties to facilitate access to and affordable treatment for tobacco addiction, including pharmaceuticals, in accordance with Article 22, Such drugs and their components may include medicines, drugs used for the administration of medicines, as well as for diagnosis, as appropriate.

PART IV: MEASURES RELATED TO TOBACCO SUPPLY REDUCTION

Article 15 Illegal trade in tobacco products

1. The Parties recognize that the elimination of all forms of illicit trade in tobacco products, including smuggling, illicit manufacturing and counterfeiting, as well as the development and implementation of relevant national legislation, in addition to subregional, regional and global agreements, are essential components of tobacco control. 2. Each Party shall adopt and implement effective legislative, executive, administrative or other measures to ensure that all packs and packages of tobacco products and any outer packaging of such products are labeled to assist the Parties in determining the origin of tobacco products and, in accordance with national legislation and relevant bilateral and multilateral agreements, to assist the Parties in establishing the point of deviation, as well as monitoring, documenting and controlling the movement of tobacco products and their legal status. In addition, each Party: (a) Requires that all individual packs and packages of tobacco products for retail and wholesale that are sold on its domestic market contain the following text: "Sale is permitted only in (include the name of the country, subnational, regional or federal territorial unit)" or contain any other effective labeling, indicating the final destination or helping authorities determine whether the product was legally received for sale on the domestic market; and (b) Considers, as appropriate, the establishment of a practical tracking system and a tracking regime that will further protect the distribution system and assist in the investigation of cases of illicit trade. 3. Each Party shall require that the information on the package or labeling referred to in paragraph 2 of this Article be presented legibly and/or in the main language or main languages. 4. In order to eliminate illicit trade in tobacco products, each Party: (a) Monitors and collects data on cross-border trade in tobacco products, including illicit trade, and, where appropriate, exchanges information between customs, tax and other authorities in accordance with national legislation and applicable bilateral or multilateral agreements; (b) Adopt or strengthen legislation with appropriate sanctions and corrective measures against the illicit trade in tobacco products, including counterfeit and contraband cigarettes; (c) Take the necessary steps to ensure that all confiscated production equipment, counterfeit and contraband cigarettes and other tobacco products are destroyed using, where practicable, environmentally friendly methods, or were disposed of in accordance with domestic legislation; (d) Adopt and implement measures to monitor, document and control the storage and distribution of tobacco products stored or transported tax-free or duty-free within its jurisdiction; and (e) take the necessary measures to confiscate proceeds from illicit trade in tobacco products. 5. The information collected pursuant to subparagraphs 4 (a) and 4 (d) of this Article shall be summarized, as appropriate, by the Parties in their periodic reports to the Conference of the Parties in accordance with Article 21.6. The Parties, as appropriate and in accordance with national legislation, shall promote cooperation between national institutions, as well as relevant regional and international intergovernmental organizations, to the extent relevant to investigations, prosecutions and procedures, in order to eliminate illicit trade in tobacco products. Special attention is paid to cooperation at the regional and sub-regional levels in order to combat the illicit trade in tobacco products. 7. Each Party shall endeavour to adopt and implement further measures, including licensing, as appropriate, to control or regulate the production and distribution of tobacco products in order to prevent illicit trade.

Article 16 Sale to minors and minors

1. Each Party shall adopt and implement effective legislative, executive, administrative or other measures at the appropriate governmental level to prohibit the sale of tobacco products to persons under the age established by domestic legislation, national legislation, or eighteen years. These measures may include: (a) requiring all sellers of tobacco products to place a clear notice in a prominent place inside their point of sale prohibiting the sale of tobacco products to minors and, in case of doubt, requiring each buyer of tobacco products to present a document confirming that they have reached the legal age of majority; (b) prohibiting the sale of tobacco products to any in a way that provides direct access to such products, for example from store shelves.; (c) Prohibiting the manufacture and sale of sweets, snacks, toys or other items in the form of tobacco products that attract the attention of minors; and (d) ensuring that tobacco vending machines under its jurisdiction are inaccessible to minors and do not encourage the sale of tobacco products to minors. 2. Each Party prohibits or promotes the prohibition of the distribution of free tobacco products among the population and especially among minors. 3. Each Side seeks to ban the sale of cigarettes individually or in small packages, which increase the availability of such products for minors. 4. The Parties recognize that, in order to increase the effectiveness of measures to prevent the sale of tobacco products to minors, if necessary, they should be implemented in combination with other provisions contained in this Convention. 5. When signing, ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party may, by means of a binding written declaration, indicate that it undertakes to prohibit the commissioning of vending machines for tobacco products within its jurisdiction or, where appropriate, to impose a complete ban on vending machines. sale of tobacco products. A declaration made on the basis of this Article shall be transmitted by the Depositary to all Parties to the Convention. 6. Each Party shall adopt and implement effective legislative, executive, administrative or other measures, including sanctions against retailers and wholesalers, in order to ensure compliance with the obligations contained in paragraphs 1-5 of this Article. 7. Each Party should, as appropriate, adopt and implement effective legislative, executive, administrative or other measures to prohibit the sale of tobacco products by persons under the age prescribed by domestic law, national legislation, or eighteen years of age.

Article 17 Support for alternative economically viable activities

The Parties, in cooperation with other Parties and competent international and regional intergovernmental organizations, shall promote, as appropriate, other economically viable alternatives for the benefit of tobacco producers and growers and, where appropriate, individual sellers.

PART V: ENVIRONMENTAL PROTECTION

Article 18 Protection of the environment and human health

In fulfilling their obligations under this Convention with respect to tobacco cultivation and the production of tobacco products on their territories, the Parties agree to take due account of environmental protection and human health issues related to the environment.

PART VI: ISSUES RELATED TO LIABILITY

Article 19 Liability

1. In order to combat tobacco, the Parties shall consider the possibility of adopting legislative measures or developing existing legislation to address, if necessary, issues of criminal and civil liability, including, where appropriate, compensation. 2. The Parties shall cooperate with each other in the exchange of information through the Conference of the Parties in accordance with Article 21, including: (a) Information on the health effects of tobacco product consumption and exposure to tobacco smoke in accordance with Article 20.3 (a); and (b) information on current legislation and regulations, as well as relevant judicial practice. 3. The Parties, as appropriate and by mutual agreement, shall assist each other, within the framework of national legislation, policy, legal practice and applicable existing contractual mechanisms, in carrying out proceedings relating to civil and criminal liability in accordance with this Convention. 4. The Convention in no way affects or restricts the rights of access of the Parties to each other's judicial authorities, where such rights exist. 5. The Conference of the Parties may consider, as early as possible, taking into account the work carried out in relevant international forums, issues related to responsibility, including appropriate international approaches to these issues and appropriate means to support Parties, upon request, in their legislative and other activities in accordance with this Article.

PART VII: SCIENTIFIC AND TECHNICAL COOPERATION AND INFORMATION TRANSFER

Article 20 Scientific research, surveillance and information exchange

1. The Parties shall take measures to develop and promote national research and to coordinate research programmes in the field of tobacco control at the regional and global levels. To achieve this goal, each Party shall: (a) Initiate and cooperate, directly or through competent international and regional intergovernmental organizations and other bodies, in conducting research and scientific assessments, while promoting and supporting research aimed at studying the determinants and consequences of tobacco use and exposure to tobacco smoke, as well as research, aimed at identifying alternative crops; and (b) Develops and strengthens, with the support of competent international and regional intergovernmental organizations and other bodies, training and support for all those involved in tobacco control activities, including research, implementation and evaluation. 2. The Parties shall, as appropriate, establish national, regional and global surveillance programmes for the extent, patterns, determinants and consequences of tobacco use and exposure to tobacco smoke. To this end, Parties include tobacco surveillance programmes in national, regional and global health surveillance programmes in order to ensure comparability and data analysis at the regional and international levels, as appropriate. 3. The Parties recognize the importance of financial and technical assistance from international and regional intergovernmental organizations and other bodies. Each Party shall strive to: (a) gradually establish a national epidemiological surveillance system for tobacco use and related social, economic and health indicators; (b) Cooperate with competent international and regional intergovernmental organizations and other bodies, including governmental and non-governmental institutions, in regional and global tobacco surveillance and in the exchange of information on the indicators indicated in paragraph 3 (a) of this Article; and (c) Collaborate with the World Health Organization to develop common guidelines or procedures for defining the collection, analysis and dissemination of tobacco-related surveillance data. 4. The Parties, in accordance with their national legislation, shall promote and facilitate the exchange of open scientific, technical, socio-economic, commercial and legal information, as well as information on tobacco industry practices and tobacco cultivation relevant to this Convention, while taking into account and considering the special needs of developing country Parties, and Parties with economies in transition. Each Party shall endeavour to: (a) Progressively establish and maintain an updated database containing laws and regulations governing tobacco control and, where appropriate, information on their enforcement, as well as relevant judicial practice, and cooperate in the development of tobacco control programmes at the regional and global levels;) Gradually establish and maintain an updated database of data received from national surveillance programmes, in accordance with paragraph 3 (a) of this Article; and (c) Cooperate with competent international organizations to progressively establish and maintain a global system for the regular collection and dissemination of information on tobacco production and manufacture of tobacco products, as well as on tobacco industry activities that have an impact on this Convention or national tobacco control activities. 5. The Parties should cooperate within the framework of regional and international intergovernmental organizations and financial institutions, as well as development institutions of which they are members, to facilitate and encourage the provision of technical and financial resources to the Secretariat to assist developing country Parties and Parties with economies in transition in meeting their research, surveillance obligations. and the exchange of information.

Article 21 Reporting and information exchange

1. Each Party shall submit to the Conference of the Parties, through the Secretariat, periodic reports on its implementation of the Convention, which should include the following: (a) information on legislative, executive, administrative or other measures taken to implement the Convention; (b) Information, as appropriate, on any obstacles or barriers encountered in the implementation of the Convention and on measures measures taken to overcome these barriers; (c) Information, as appropriate, on financial and technical assistance provided or received for tobacco control activities; (d) information on surveillance and research as specified in Article 20; and (e) information specified in Articles 6.3, 13.2, 13.3, 13.4 (d), 15.5 and 19.2 2. The frequency and format of such reports by all Parties shall be determined by the Conference of the Parties. Each Party will prepare its initial report within two years after the entry into force of the Convention for that Party. 3. The Conference of the Parties, in accordance with Articles 22 and 26, shall consider measures to assist developing country Parties and Parties with economies in transition, upon request, in meeting their obligations under this Article. 4. The submission of reports and the exchange of information on this Convention shall be carried out in accordance with national legislation regarding confidentiality and privacy. The parties, by mutual agreement, ensure the protection of any confidential information they exchange.

Article 22 Cooperation in scientific, technical and legal fields and provision of relevant expertise

PART VII: SCIENTIFIC AND TECHNICAL COOPERATION AND INFORMATION TRANSFER

Article 20 Scientific research, surveillance and information exchange

Article 21 Reporting and information exchange

Article 22 Cooperation in scientific, technical and legal fields and provision of relevant expertise

1. The Parties shall cooperate directly or through competent international bodies in order to strengthen their capacity to meet the obligations arising from this Convention, taking into account the needs of developing country Parties and Parties with economies in transition. Such cooperation is aimed at facilitating the transfer of scientific, technical and legal expertise and technology, by mutual agreement, for the development and strengthening of national tobacco control strategies, plans and programmes aimed, inter alia, at: (a) Facilitating the development, transfer and acquisition of technologies, knowledge, skills, capacities and experience, related to tobacco control; (b) Providing scientific, technical, legal and other expertise to establish and strengthen national tobacco control strategies, plans and programmes aimed at implementing the Convention by, inter alia: (i) Providing assistance, upon request, in establishing a sound legislative framework, as well as technical programmes, including programmes to prevent the outbreak of tobacco use, promotion of tobacco cessation and protection from exposure to tobacco smoke; (ii) To assist, as appropriate, persons employed in the tobacco sector in developing appropriate economically and legally viable alternative ways of providing their livelihoods in an economically viable manner; and (iii) to assist, as appropriate, tobacco growers in switching agricultural production to alternative crops in an economically viable manner; (c) Support appropriate training or awareness-raising programmes for relevant personnel in accordance with Article 12; (d) Provide, as appropriate, the necessary materials, equipment and logistical support for tobacco control strategies, plans and programmes; (e) Identify tobacco control methods, including comprehensive treatment of nicotine addiction; and (f) Promoting scientific research, as appropriate, in order to increase the availability of comprehensive treatment for nicotine addiction. 2. The Conference of the Parties shall facilitate and facilitate the transfer of scientific, technical and legal expertise and technology, with financial support provided in accordance with Article 26.

PART VIII: ORGANIZATIONAL ARRANGEMENTS AND FINANCIAL RESOURCES

Article 23 Conference of the Parties

1. The Conference of the Parties is hereby established. The first session of the Conference shall be convened by the World Health Organization no later than one year after the entry into force of this Convention. The Conference, at its first session, will determine the place and time of the next regular sessions. 2. Extraordinary sessions of the Conference of the Parties shall be held at such other dates as the Conference deems necessary, or at the written request of any Party, provided that, within six months of the transmission of information to them by the Convention Secretariat, this requirement is supported by at least one third of the Parties. 3. The Conference of the Parties, at its first session, shall adopt by consensus its Rules of Procedure. 4. The Conference of the Parties shall adopt by consensus its financial rules, as well as rules governing the financing of any subsidiary bodies it may establish, as well as financial regulations governing the functioning of the Secretariat. At each regular session, it approves the budget for the financial period until the next regular session. 5. The Conference of the Parties shall regularly review the implementation of this Convention and take decisions necessary to facilitate its effective implementation, and may adopt protocols, annexes and amendments to the Convention in accordance with Articles 28, 29 and 33. To this end, it shall: (a) Facilitate and facilitate the exchange of information in accordance with Articles 20 and 21; (b) Facilitate and guide the development and periodic improvement of comparable research and data collection methodologies, in addition to those provided for in Article 20, which relate to the implementation of this Convention; (c) Facilitate, as appropriate, the development, implementation and evaluation of strategies, plans and programmes, as well as policies, legislation and other measures;) Consider the reports submitted by the Parties in accordance with Article 21 of this Convention and approve regular reports on the implementation of the Convention; (e) Facilitate and facilitate the mobilization of financial resources for the implementation of this Convention in accordance with Article 26; (f) Establish such subsidiary bodies as are necessary to achieve the objective of this Convention; (g) Requests, as appropriate, the provision of services and cooperation, as well as information, from competent and relevant organizations and bodies of the United Nations system and other international and regional intergovernmental organizations and non-governmental organizations and bodies as a means of strengthening the implementation of the Convention; and (h) considers, as appropriate, other actions to achieve the objective of this Convention in the light of the experience gained in its implementation. 6. The Conference of the Parties shall establish criteria for the participation of observers in its work.

Article 24 The Secretariat

1. The Conference of the Parties shall appoint a permanent secretariat and ensure its functioning. The Conference of the Parties shall seek to do so at its first session. 2. Until the appointment and establishment of the permanent secretariat, the functions of the secretariat, in accordance with this Convention, shall be provided by the World Health Organization. 3. The functions of the Secretariat are: (a) To organize sessions of the Conference of the Parties and any subsidiary bodies and to provide them with the necessary services; (b) Transmitting reports received by it under this Convention; (c) Assisting Parties, especially developing country Parties and Parties with economies in transition, upon request, in collecting and transmitting information required under the provisions of this Convention; (d) Preparing reports on its activities, in accordance with with the Convention under the guidance of the Conference of the Parties, and their submission to the Conference of the Parties; (e) Ensuring, under the guidance of the Conference of the Parties, the necessary coordination with competent international and regional intergovernmental organizations and other bodies; (f) concluding, under the guidance of the Conference of the Parties, such administrative or contractual arrangements as may be necessary for the effective performance of its functions; and (g) performing other secretariat functions specified in the Convention and in any of its protocols, as well as such other functions as may be determined by the Conference of the Parties.

Article 25 Relations between the Conference of the Parties and intergovernmental organizations

In order to ensure technical and financial cooperation in achieving the objective of this Convention, the Conference of the Parties may request cooperation from competent international and regional intergovernmental organizations, including financial and development institutions.

Article 26 Financial resources

1. The Parties recognize the important role played by financial resources in achieving the objective of this Convention. 2. Each Party shall provide financial support for its national activities aimed at achieving the objectives of this Convention in accordance with its national plans, priorities and programmes. 3. The Parties shall promote, as appropriate, the use of bilateral, regional, subregional and other multilateral channels to ensure financing for the development and strengthening of multisectoral comprehensive tobacco control programmes from developing country Parties and Parties with economies in transition. Accordingly, economically viable alternatives to tobacco production, including crop diversification, should be considered and supported in the context of sustainable development strategies being developed at the national level. 4. The Parties represented in relevant regional and international intergovernmental organizations, as well as financial and development institutions, shall encourage these organizations and institutions to provide financial support to developing country Parties and Parties with economies in transition in order to assist them in complying with their obligations under this Convention, without limiting their rights to participate in these organizations. 5. The Parties agree that: (a) In order to assist the Parties in complying with their obligations under this Convention, all relevant potential and existing resources, financial, technical or other, both public and private, should be mobilized and used for the benefit of all Parties, especially developing countries and countries with economies in transition, which available for tobacco control activities. (b) The Secretariat shall advise developing country Parties and Parties with economies in transition, upon request, on available sources of financing to facilitate their compliance with their obligations under this Convention. (c) The Conference of the Parties, at its first session, will review existing and potential sources and mechanisms of assistance based on the study conducted by the Secretariat and other relevant information and consider their relevance. (d) The results of this review will be taken into account by the Conference of the Parties in determining the need to strengthen existing mechanisms or establish a voluntary global fund or other appropriate financial mechanisms to channel additional financial resources, as appropriate, to developing country Parties and Parties with economies in transition to assist them in achieving the objectives of this Convention.

PART IX: DISPUTE SETTLEMENT

Article 27 Settlement of disputes

1. In the event of a dispute between two or more Parties concerning the interpretation or application of this Convention, the Parties concerned shall seek to resolve the dispute through diplomatic channels through negotiation or any other peaceful means of their choice, including good offices, mediation or conciliation. If it is impossible to reach an agreement through good offices, mediation or reconciliation, the parties to the dispute are not exempt from the obligation to continue searching for a solution. 2. Upon ratification, acceptance, approval or formal approval of or accession to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that, in respect of a dispute that cannot be resolved in accordance with paragraph 1 of this Article, they agree, as a coercive measure, to ad hoc arbitration, in accordance with procedures to be adopted by the Conference of the Parties by consensus. 3. The provisions of this Article shall apply to any protocol in relation to a dispute between the parties to that protocol, unless it provides otherwise.

PART X: FURTHER DEVELOPMENT OF THE CONVENTION

Article 28 Amendments to the Convention

1. Any Party may propose amendments to this Convention. Such amendments will be considered by the Conference of the Parties. 2. Amendments to the Convention are adopted by the Conference of the Parties. The text of any proposed amendment to the Convention shall be transmitted to the Parties by the Secretariat at least six months before the session at which it is proposed for adoption. The secretariat also transmits the text of the proposed amendments to the Signatories and, for information, to the Depositary. 3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts to reach consensus have been exhausted and no agreement has been reached, the amendment shall be adopted as a last resort by a three-fourths majority vote of the Parties present at the meeting and voting. For the purposes of this article, the Parties present at the meeting and participating in the voting are the Parties present at the meeting and voting "for" or "against". Any accepted amendment shall be transmitted by the Secretariat to the Depositary, who shall circulate it to all Parties for acceptance. 4. The documents on the acceptance of the amendment shall be deposited with the Depositary. An amendment adopted in accordance with paragraph 3 of this Article shall enter into force for those Parties that have accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of acceptance by at least two thirds of the Parties to this Convention. 5. The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposited its instrument of acceptance of the said amendment with the Depositary.

Article 29 Adoption and amendment of annexes to the Convention

1. Annexes to this Convention and amendments thereto shall be proposed, adopted and enter into force in accordance with the procedure established in Article 28. 2. The annexes to this Convention form an integral part of it, and, unless expressly provided otherwise, a reference to the Convention is at the same time a reference to any annexes thereto. 3. Appendices are limited to lists, forms, and any other descriptive material related to procedural, scientific, technical, or administrative matters.

PART XI: FINAL PROVISIONS

Article 30 Reservations

No reservations to this Convention are permitted.

Article 31 Withdrawal

1. At any time after two years from the date of entry into force of this Convention for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary. 2. Any such withdrawal shall take effect one year after the date of receipt by the Depositary of the notification of withdrawal, or at such later date as may be specified in the notification of withdrawal. 3. Any Party that withdraws from this Convention shall also be deemed to have withdrawn from any protocol to which it is a Party.

Article 32 Voting rights

1. Each Party to this Convention shall have one vote, except as provided for in paragraph 2 of this Article. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization does not exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 33 Protocols

1. Any Party may propose protocols. Such proposals are considered by the Conference of the Parties. 2. The Conference of the Parties may adopt protocols to the Convention. When adopting these protocols, every effort is made to reach consensus. If all efforts to reach consensus have been exhausted and no agreement has been reached, the protocol shall be adopted as a last resort by a three-fourths majority vote of the Parties present at the meeting and participating in the voting. For the purposes of this article, the Parties present at the meeting and participating in the voting are the Parties present at the meeting and voting "for" or "against". 3. The text of any proposed protocol shall be transmitted to the Parties by the Secretariat no later than six months before the session at which its adoption is proposed. 4. Only the Parties to this Convention may be Parties to the Protocol. 5. Any protocol to this Convention shall be binding only on the parties to the relevant protocol. Decisions on issues related exclusively to a protocol are made only by the parties to that protocol. 6. The conditions for the entry into force of any protocol shall be established by this protocol.

Article 34 Signature

This Convention shall be open for signature by all member States of the World Health Organization and any States that are not members of the World Health Organization but which are Members of the United Nations and regional economic integration organizations at the headquarters of the World Health Organization in Geneva from June 16, 2003 to June 22, 2003, and thereafter in United Nations Headquarters in New York from 30 June 2003 to 29 June 2004.

Article 35 Ratification, acceptance, approval, formal approval or accession

1. This Convention is subject to ratification, acceptance, approval or accession by States, as well as formal approval or accession by regional economic integration organizations. It shall be opened for accession on the day following the date on which the Convention closes for signature. The instruments of ratification, acceptance, approval, formal approval or accession shall be deposited with the Depositary. 2. Any regional economic integration organization that becomes a Party to this Convention, in cases where none of its member States is a Party, shall bear all obligations under the Convention. In the event that one or more of the member States of such organizations are Parties to the Convention, that organization and its member States shall decide on their respective responsibilities for fulfilling their obligations under the Convention. In such cases, the organization and the Member States cannot simultaneously exercise the rights arising from the Convention. 3. In their instruments of official approval or in their instruments of accession, regional economic integration organizations declare the extent of their competence in matters governed by this Convention. These organizations also inform the Depositary, who, in turn, informs the Parties of any significant change in the limits of their competence.

Article 36 Entry into force

1. This Convention shall enter into force on the ninetieth day after the date of deposit with the Depositary of the fortieth instrument of ratification, acceptance, approval, formal approval or accession. 2. For each State that ratifies, accepts, approves or accedes to this Convention after fulfilling the conditions set out in paragraph 1 of this Article on entry into force, the Convention shall enter into force on the ninetieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession. 3. For each regional economic integration organization depositing an instrument of official approval or an instrument of accession after the conditions set out in paragraph 1 of this article on entry into force have been fulfilled, this Convention shall enter into force on the ninetieth day after the date of deposit of its instrument of official approval or accession. 4. For the purposes of this Article, any document deposited by a regional economic integration organization shall not be considered additional to those deposited by the member States of that organization.

Article 37 The Depositary

The Secretary-General of the United Nations shall be the depositary of this Convention and its amendments, as well as of the Protocols and annexes adopted in accordance with Articles 28, 29 and 33.

Article 38 Authentic texts

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention. DONE AT GENEVA, this twenty-first day of May, two thousand and three.

I hereby certify that this text is a true copy of the certified copy of the World Health Organization Convention on Tobacco Control of May 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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