On the signing of an agreement between the member States of the Shanghai Cooperation Organization on joint military exercises
Decree of the President of the Republic of Kazakhstan dated June 27, 2007 No. 353
I DECREE:
1. To approve the attached draft Agreement between the member States of the Shanghai Cooperation Organization on joint military exercises.
2. To authorize the Minister of Defense of the Republic of Kazakhstan, Danial Kenzhetaevich Akhmetov, to sign on behalf of the Republic of Kazakhstan an Agreement between the member States of the Shanghai Cooperation Organization on conducting joint military exercises with the following reservation to the Agreement: "For the Republic of Kazakhstan, this Agreement is temporarily applied from the date of signing to the extent that it does not contradict the national legislation of the Republic of Kazakhstan, and enters into force from the date of receipt the depositary of the last written notification on the implementation by the signatories of the internal procedures, necessary for its entry into force," allowing him to make amendments and additions to the text of the Agreement that are not fundamental.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan
APPROVED Decree of the President of the Republic of Kazakhstan dated June 27, 2007 No. 353
DRAFT agreement between the member States of the Shanghai Cooperation Organization on joint military exercises
Member States of the Shanghai Cooperation Organization - The Republic of Kazakhstan, the People's Republic of China, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan, hereinafter referred to as the Parties, reaffirming their commitment to the purposes and principles of the UN Charter, generally recognized norms of international law, guided by the Charter of the Shanghai Cooperation Organization of June 7, 2002, the Shanghai Convention on Combating Terrorism, Separatism and Extremism from On June 15, 2001, seeking to combine efforts to ensure an effective response from the Shanghai Cooperation Organization (hereinafter - SCO) to situations endangering peace, security and stability in the SCO space, including through mutually coordinated actions of the defense departments, desiring to conduct joint military exercises (hereinafter referred to as exercises) for these purposes, to determine the legal and organizational basis for their preparation and conduct, agreed as follows:
Article 1
The terms used in this Agreement mean the following:
1) exercise participants - persons included in the exercise management body, personnel of military and other formations of the Parties participating in the exercises;
2) exercise management body - a temporary management body established by the Parties for the preparation and conduct of exercises;
3) military formations - military units and subunits, governing bodies of the armed forces of the Parties participating in the exercises;
4) other formations - subdivisions of the state authorities of the Parties that are not part of the structure of their armed forces, participating in exercises or assisting in their conduct.;
5) personnel of military and other formations - military personnel and civilian personnel who are part of military and other formations, as well as persons seconded to them;
6) sending Party - The Party that has sent its participants in the exercises and the movable property of military and other formations to the territory of the receiving Party;
7) the receiving Party is the Party on whose territory the exercises are conducted or through whose territory the participants of the exercises and movable property of military and other formations of the sending Party are transited.;
8) a third party is another State that is not a sending or receiving Party, its natural or legal persons, as well as international intergovernmental organizations;
9) authorized persons of military and other formations - commanders (chiefs) of military and other formations and other persons from military and other formations appointed by authorized bodies of the Parties;
10) movable property of military and other formations - armaments and military equipment, aircraft, warships and other navigational aids, special equipment, ammunition and imitation equipment, food, medical equipment, as well as other material and technical property and consumables necessary for military and other formations for the period of the exercises, authorized for temporary importation and use on the territory of the receiving Party, which are the property of the sending Party.;
11) immovable property - land plots, railways, highways, training centers and training grounds, airfields, ports, naval bases and bases and buildings and structures located on them, fixed communications facilities, radio engineering and navigation facilities, as well as other infrastructure facilities located with the consent of the receiving Party. temporary use of military and other formations of the sending Party, which are the property of the receiving Party;
12) damage - death, bodily injury and other damage to health (injury), as well as destruction, damage or loss of property;
13) the location of a military and other formations is the territory designated by the receiving Party for the temporary deployment of military and other formations of the sending Party for the duration of the exercises.;
14) exercise area - the territory designated by the host Party for conducting exercises;
15) routes of movement - air, water and land routes for military and other formations, their movable property through the territory of the receiving Party to the places of deployment of military and other formations and to the areas of exercises, as well as when returning to the territory of the sending Party;
16) competent authorities - state authorities of the Party authorized, in accordance with its national legislation, to monitor the crossing of the state border at checkpoints, to conduct investigative and judicial procedural actions, as well as to carry out quarantine and other measures.;
17) exercise participants' performance of official duties - actions of exercise participants to perform tasks in accordance with orders received during the preparation and conduct of exercises in exercise areas, locations of military and other formations, as well as when following movement routes, except in the following cases: unauthorized abandonment of locations or areas of exercises; voluntary self-control state of toxic or narcotic intoxication;
18) a state border checkpoint is a designated area within a railway, automobile station, station, airport, airfield, sea port, river port, open for international communications (international flights), as well as another specially equipped place where border control, and if necessary, other types of control, and passage through the state border of persons, vehicles, goods, goods and animals.
Article 2
The implementation of this Agreement is carried out by the authorized bodies of the Parties. The list of authorized bodies of the Parties is sent to the depositary by a note.
Article 3
1. The decision to conduct the exercises is made by agreement of the Parties. Each Side has the right to independently determine the degree of its participation in the exercises. 2. If a Party is unable to participate in the exercises, it informs the other Parties in advance. 3. Depending on the subject of the exercises, other formations of the Parties may take part in them in addition to military ones.
Article 4
For the direct preparation and conduct of exercises, the authorized bodies of the Parties shall establish an exercise management body.
Article 5
1. Once the decision to conduct the exercises is made, the issues related to their preparation are coordinated through consultations between the authorized bodies of the Parties. 2. During consultations between the authorized bodies of the Parties, the following are agreed upon: 1) the objectives, objectives, and plan for conducting exercises, as well as the training issues to be worked out; 2) the dates of the exercises; 3) the composition and number of military and other formations involved in the exercises, as well as lists of their movable property; 4) the locations of military and other formations and the areas of the exercises.; 5) the procedure for protecting the locations of military and other formations; 6) joint arrangements for the preparation of exercises and the timing of their conduct; 7) the location and organization of the exercise management body; 8) the procedure for the concentration of military and other formations in the exercise areas; 9) checkpoints across the state border and the time of their crossing by military and other formations. formations of the sending Party; 10) routes, procedures and conditions of movement (transit) of military and other formations on the territory of the receiving Party and in the areas of exercises; 11) the volume, procedure and conditions for the provision of military and other formations of the sending Side with the necessary real estate, logistical and medical support, public utilities, as well as issues related to the provision of services to it both on a paid and gratuitous basis; 12) issues of inviting observers from other states to exercises; 13) issues of media coverage of the exercises; 14) issues of ensuring information security and management secrecy during the preparation and conduct of the exercises; 15) other issues related to the preparation and conduct of exercises. 3. The results of the consultations are drawn up in the form of a protocol, which is signed by representatives of the authorized bodies of the Parties.
Article 6
During the preparation and conduct of the exercises, the receiving Party shall take the necessary measures: 1) to prevent and suppress any illegal actions against participants in the exercises and movable property of the sending Party; 2) to create conditions for unhindered movement along the routes of movement of military and other formations of the sending Party, their movable property.
Article 7
During the preparation and conduct of the exercises, the sending Party shall take the necessary measures aimed at: 1) ensuring respect for the state sovereignty, legislation and customs of the receiving Party, non-interference in the internal affairs of the receiving Party and non-participation of participants in the exercises of the sending Party in political activities on its territory; 2) developing and familiarizing participants in the exercises of the sending Party with the rules of conduct, norms and customs in force on the territory of the host Country; 3) ensuring the safety of used immovable property, natural resources, cultural and historical sites of the host Party; 4) carrying out the movement of participants in exercises and movable property only within the exercise areas and along movement routes agreed with the host Party; 5) compliance by military and other formations with environmental safety standards of the host Party in the exercise areas, locations and on the routes of movement on the territory of the host Country.
Article 8
1. The Parties shall assist each other in the organization and implementation of medical care for participants in the exercises, including the implementation of therapeutic, preventive and sanitary anti-epidemic measures. 2. The provision of medical assistance to participants of the exercises of the sending Party when they are on the territory of the receiving Party is carried out: 1) by the sending Party when providing planned medical care at its own expense; 2) the receiving Party when providing medical care for urgent indications, including qualified and specialized, free of charge.
Article 9
1. At the request of the receiving Party, the receiving Party provides railway, automobile, sea, river and air transport, real estate, logistical support, public utilities, and other necessary services to the military and other formations of the sending Party on the terms defined in the protocols following consultations of the authorized bodies of the Parties. 2. The Parties shall independently bear the costs that will arise in the course of their implementation of this Agreement, unless the Parties agree otherwise.
Article 10
1. The receiving Party recognizes the national driving licenses of the sending Party as valid without conducting a driving test and charging fees. Drivers of vehicles participating in the exercises must carry national driving licenses. 2. The receiving Party shall exempt the military and other formations of the sending Party from compulsory insurance of vehicles. 3. The organization of transportation of dangerous, bulky and heavy goods by road and rail on the territory of the receiving Party is carried out in accordance with the legislation of the receiving Party and international treaties to which the relevant Parties are Parties.
Article 11
1. The organization of military air transportation is carried out in coordination with the competent authorities of the Parties responsible for the organization of international air transportation. 2. Aircraft flights are performed on international air routes, routes (lines), as well as in zones (areas) agreed with the receiving Party. 3. Airfield technical support and protection of aircraft of the sending Party participating in exercises or carrying out military transportation for the purposes of exercises at military and civilian airfields of the receiving Party are carried out on the terms defined in the protocols following consultations of the authorized bodies of the Parties. 4. The organization of aircraft flights on international air routes (lines) is carried out by the air transport management bodies of each of the Parties in accordance with the information flight zones of the Parties. 5. Flight safety of aircraft performing interstate transportation for the purposes of this Agreement is ensured in accordance with the legislation of the Party in whose airspace the flights are conducted and international treaties to which the Parties are Parties. 6. In case of emergency situations (natural disasters, adverse meteorological flight conditions, malfunctions on board the aircraft, etc.), the air traffic control authorities of each Party provide assistance to the aircraft, including providing alternate airfields for emergency landing. Search and rescue support of aircraft flights is organized by the forces and means of the Parties on a gratuitous basis.
Article 12
1. The entry of warships and auxiliary vessels of the sending Party into the territorial sea, internal waters and inland waterways of the receiving Party shall be carried out in accordance with the legislation of the receiving Party and international treaties to which the Parties are parties. 2. The provision by the receiving Party of pilotage, tugboats, and port services to warships and auxiliary vessels of the sending Party is carried out by agreement of the competent authorities of the Parties. 3. In case of emergency situations (natural disasters, adverse meteorological conditions, malfunctions on board a warship, etc.), the maritime (river) traffic management authorities of each Party shall assist the warships and auxiliary vessels upon request from the relevant Parties. Search and rescue support is provided by the forces and means of the Parties free of charge.
Article 13
The military and other formations of the sending Party are allowed to use their own telecommunication systems, including, if necessary, laying communication cables, installing receiving and transmitting equipment, including using the necessary radio frequencies, in agreement with the receiving Party, free of charge. In agreement with the receiving Party, military and other formations of the sending Party can connect to local communication networks (telephone, telegraph, fax) free of charge or at the most discounted rate.
Article 14
The participants of the exercises of the sending Party for the period of their temporary stay in the territory of the receiving Party related to participation in the exercises are not subject to the legislation of the receiving Party regulating the procedure for passport, visa and migration control, stay and movement established for foreign citizens. Participants in the exercises of the sending Party are not considered to receive any right to permanent residence in the territory of the receiving Party.
Article 15
1. Military and other formations of the sending Party shall cross the state border at checkpoints agreed with the receiving Party according to personal lists of personnel and lists of movable property drawn up in the official languages of the sending and receiving Parties, certified by the authorized bodies of the sending Party, indicating the purpose of arrival and duration of stay on the territory of the receiving Party. 2. The sending Party shall provide the authorized bodies of the receiving Party with personal lists of personnel and lists of movable property of military and other formations at least 45 (30-15) days before crossing the state border of the receiving Party for their early coordination with the competent authorities of the receiving Party. 3. A personal list of personnel and a list of movable property of a military or other formation shall be drawn up in accordance with the form set out in Annexes 1 and 2 to this Agreement. 4. Participants in the exercises cross the state border of the sending and receiving Parties upon presentation of their identity documents valid on the territory of the sending Party. The receiving Party recognizes the valid identity documents of the citizens who are part of the participants in the exercises of the sending Party. 5. Individual participants in the exercises of the sending Party may not be allowed to enter the territory of the receiving Party in accordance with the legislation of the receiving Party. 6. The import (export) across the state border of the receiving Party of items intended for personal use, as well as foreign currency, by the participants of the exercises is carried out in accordance with the legislation of the receiving Party. 7. The customs authorities of the receiving Party carry out customs clearance and customs control of movable property of military and other formations imported (exported) across the customs borders of the receiving Party in a simplified manner without the application of prohibitions, restrictions and collection of customs duties, taxes and fees based on lists of movable property of military and other formations. 8. The customs authorities of each Party may, in accordance with the procedure and under the conditions established by national legislation, conduct a personal search and baggage inspection of participants in the exercises and confiscate items prohibited or restricted for import and export, with the exception of items (property) included in the list of movable property of a military or other formation. 9. Official documents of military and other formations of the Parties, packed and provided with appropriate means of identification, are not subject to customs inspection. Information on the means of identification is provided in advance to the competent authorities of the sending and receiving Parties. The courier who moves the specified documents must have an order confirming his authority and certified by authorized persons of military and other formations for their delivery.
Article 16
1. The competent authorities of the receiving Party may, in accordance with national legislation, carry out quarantine measures with respect to personnel (including personal belongings) and movable property of military and other formations of the sending Party. These measures are carried out in a simplified and priority manner. 2. The authorized body of the receiving Party shall notify the authorized body of the sending Party in advance of possible quarantine measures on the territory of the receiving Party, the purposes, procedure and timing of their implementation.
Article 17
1. The receiving Party shall exempt the sending Party from paying taxes on the movable property of its military and other formations. 2. The taxation of remuneration and other payments received by the participants of the exercises of the sending Party from the sources of the sending Party during their stay at the exercises in the territory of the receiving Party shall be carried out in accordance with the tax legislation of the sending Party.
Article 18
1. During exercises, military personnel of military and other formations of the Parties, as a rule, wear military uniforms and distinctive signs indicating their membership in the armed forces of the relevant Party, and persons from among civilian personnel who are part of military and other formations of the Parties - distinctive signs agreed upon by the authorized bodies of the Parties. 2. By agreement of the authorized bodies of the Parties, uniform distinctive signs may be established for the participants of the exercises. 3. Vehicles, military and other equipment of military and other formations of the Parties during the exercises must have clearly visible registration numbers and distinctive signs indicating their nationality.
Article 19
1. The carrying of weapons by the participants of the exercises of the sending Party is allowed only in the areas of exercises when performing assigned tasks and when performing security functions in places of deployment of military and other formations. The sending Party takes into account the requirements of the receiving Party regarding the rules of carrying and using weapons. 2. The military and other formations of the sending Party shall take appropriate measures to protect their places of deployment in accordance with the procedure in force in the armed forces of the sending Party, which the authorized body of the receiving Party shall be informed about in advance. 3. When military and other formations of the sending Side are moved outside the exercise areas, the security functions are performed by the receiving Side. 4. The sending Party shall immediately inform the receiving Party of cases of missing weapons and ammunition, as well as cases of non-return of participants in the exercises within the prescribed time to the places of deployment of military and other formations of the sending Party.
Article 20
1. The Parties shall waive claims in respect of damage caused by the participants of the exercises to military and other formations in the performance of their official duties. 2. The procedure for compensation of damage caused by the participants of the exercises to military and other formations, not in the performance of their official duties, is determined by separate agreements between the competent authorities of the relevant Parties. If the issue of compensation for damage is not resolved by agreement, the receiving Party has the right to consider it in accordance with national legislation. 3. The procedure for compensation of damage caused by participants in the exercises of the sending Party, individuals (citizens) or legal entities of the receiving Party, is determined by separate agreements between the competent authorities of the relevant Parties. If the issue of compensation for damage is not resolved through such arrangements, the receiving Party has the right to consider it in accordance with national legislation. 4. If the relevant Parties are liable for the damage caused in accordance with paragraphs 2 and 3, and the degree of liability cannot be determined, the compensation for the damage shall be distributed equally among the said Parties.
Article 21
1. Damage caused by a military formation or a person who is part of it to a third party is compensated in accordance with the following provisions: 1) the legislation of the receiving Party applies. The decision on payment of compensation or refusal to pay such compensation, which has entered into legal force, made by the appropriate judicial authority of the receiving Party, is final; 2) the receiving Party may organize consultations with the participation of interested parties to resolve the claim of a third party. 2. Damage compensation payments are made in the currency of the receiving Party. 3. The Parties shall cooperate in order to obtain evidence and organize an impartial examination of claims in accordance with this article. By decision of the Parties, a commission may be established to investigate cases that have caused damage to individuals and legal entities of third parties.
Article 22
1. The Parties in matters of jurisdiction with respect to participants in the exercises of the sending Party shall be guided by the following principles: 1) in cases of crimes committed by a participant in the exercises against his sending Party or its citizens, as well as when committing a crime in the performance of official duties, the jurisdiction of the sending Party shall be exercised; 2) in the case of a crime committed by a participant in the exercises that does not fall under the Subparagraph 1) of paragraph 1 of this Article is subject to the jurisdiction of the receiving Party. 2. The sending Party may carry out a preliminary investigation in the event that unidentified persons commit crimes against the sending Party or participants in the exercises of the sending Party at the locations of its military and other formations. When identifying the person who committed the crime, the procedure defined by this Agreement shall apply. 3. The competent authorities of the Parties shall assist each other in conducting investigations, in collecting and providing evidence related to crimes, in establishing the location (search), detention and arrest (detention) of participants in the exercises, suspected or accused of committing crimes. 4. The commanders of military and other formations of the Parties also have the right to carry out direct relations within their competence. 5. The sending Party shall immediately notify the receiving Party of the detention of participants in the exercises of the receiving Party, as well as other persons. 6. The receiving Party shall immediately notify the sending Party of the detention of a participant in the exercises of the sending Party. 7. When detaining, making an arrest (taking into custody), carrying out other procedural actions, as well as when transferring a participant in an exercise or another person or providing legal assistance, the Parties are guided by national legislation and international treaties to which they are parties. 8. In each case, when criminal prosecution is carried out against a participant in the exercises of the sending Party by the receiving Party, the sending Party has the right to have its representative present at the trial, and the persecuted person has the right to: 1) promptly and promptly conduct an investigation and trial; 2) receive information from the beginning of the criminal prosecution about the specific charges brought against him 3) a confrontation with prosecution witnesses and other participants in criminal proceedings; 4) involvement of defense witnesses, if they are under the jurisdiction of the receiving Party; 5) legal assistance of their own choice or free assistance from a lawyer; 6) translation services, if the persecuted person considers it necessary; 7) maintaining contact with a representative of the sending Party. 9. The parties may request each other to transfer or accept cases of crimes committed by participants in the exercises. Such appeals will be dealt with promptly and favorably. 10. The competent authorities of the Parties shall notify each other of the results of the investigation and judicial proceedings in all criminal cases on the basis of national legislation and international treaties to which the Parties to which the Parties have competing jurisdiction are Parties.
Article 23
1. The Parties shall not disseminate information that discloses the working methods of the governing bodies, the tactics of military and other formations, the specifics of the use and characteristics of weapons and military equipment, as well as other information about the exercises prohibited for dissemination by decision of the Parties. 2. The Parties do not use the information obtained during the exercises to the detriment of the interests of the other Party.
Article 24
Disputes between the Parties related to the interpretation and application of the provisions of this Agreement are resolved through consultations and negotiations between the Parties.
Article 25
With the consent of all Parties, amendments and additions may be made to this Agreement, formalized in separate protocols.
Article 26
This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the Parties are parties.
Article 27
The SCO Secretariat is the depositary of this Agreement. Certified copies of this Agreement shall be sent by the depositary to the Parties within 15 days from the date of its signing.
Article 28
1. This Agreement shall be applied temporarily from the date of signature and shall enter into force from the date of receipt by the depositary of the last written notification on the completion by the signatory Parties of the internal procedures necessary for its entry into force. 2. This Agreement is concluded for an indefinite period. 3. Each of the Parties may withdraw from this Agreement by sending a written notification to the depositary at least 12 months before the expected withdrawal date. The Depositary shall notify the Parties to this Agreement of such intention within 30 days from the date of receipt of the notification of withdrawal. Committed in ___________ ______ 2007 Russian and Chinese languages, both texts being equally authentic.
(Signatures)
ANNEX 1 to the Agreement between the member States of the Shanghai Cooperation Organization on Joint Military Exercises
THE NAME LIST
personnel ___________________________________________________, ( name of the military or other formation) heading to the territory (following transit through the territory)________________________ to conduct a joint military exercise.(name of the State)
Date of entry _____________ Departure date _____________
Download
Np/n
Last name, first name, patronymic
Paul
Birth date
Military glory
Post
Name, serial number, and identity document number
The nominal list of personnel is signed and sealed by the authorized body of the sending Party.
ANNEX 2 to the Agreement between the member States of the Shanghai Cooperation Organization on Joint Military Exercises
list
movable property _______________________________________________, ( name of the military or other formation)
going to the territory (following transit through the territory)_______________________ for conducting a joint military exercise (name of the State)
Date of importation _____________ Date of export _____________
Download
Np/n
Name of movable property
Unit of measurement
Quantity
I. Temporarily imported property
Weapons and military equipment
Aircraft
Warships and other floating facilities
Special tools
Other material and technical property
II. Supplies used during the exercise
Ammunition
Imitation tools
Food supplies
Fuels and lubricants
Other consumables
The list of movable property is signed and sealed by the authorized body of the sending Party.
Reservation of the Republic of Kazakhstan on paragraph 1 of Article 28 of the Agreement between the member States of the Shanghai Cooperation Organization on joint military exercises
For the Republic of Kazakhstan, this Agreement is temporarily applied from the date of signing in a part that does not contradict the national legislation of the Republic of Kazakhstan, and enters into force from the date of receipt by the depositary of the last written notification on the implementation by the signatories of the internal procedures necessary for its entry into force.
For the Republic of Kazakhstan
President
Republic of Kazakhstan
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