On the signing of an agreement on the organization and conduct of joint anti-terrorist exercises by the member States of the Shanghai Cooperation Organization

Home / Decree / On the signing of an agreement on the organization and conduct of joint anti-terrorist exercises by the member States of the Shanghai Cooperation Organization

Decree of the President of the Republic of Kazakhstan dated August 26, 2008 No. 651

I DECREE :

1. To approve the attached draft Agreement on the organization and conduct of joint anti-terrorist exercises by the member States of the Shanghai Cooperation Organization.

2. To authorize the Chairman of the National Security Committee of the Republic of Kazakhstan, Amangeldy Smagulovich Shabdarbayev, to sign on behalf of the Republic of Kazakhstan an Agreement on the organization and conduct of joint anti-terrorist exercises by the member States of the Shanghai Cooperation Organization, 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 N. Nazarbayev

APPROVED By Decree of the President of the Republic of Kazakhstan dated August 26, 2008 No. 651

DRAFT Agreement on the procedure for organizing and conducting joint anti-terrorist exercises by the member States of the Shanghai Cooperation Organization

The member States of the Shanghai Cooperation Organization (hereinafter - The Parties), guided by the Charter of the Shanghai Cooperation Organization of June 7, 2002, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of June 7, 2002, the Concept of Cooperation of the member States of the Shanghai Cooperation Organization in Combating Terrorism, separatism and extremism of July 5, 2005, guided by national legislation, In accordance with generally recognized principles and norms of international law, in an effort to create a legal framework for conducting joint anti-terrorist exercises in the territories of the Parties, we have agreed as follows:

Article 1

The terms used in this Agreement mean the following:

1) exercises - joint anti-terrorist exercises conducted by the competent authorities of the Parties on the territory of one or more Parties;

2) participants in the exercises - personnel of special anti-terrorist units, persons included in the exercise management body;

3) special anti-terrorist formations - groups of specialists formed by each Side in accordance with national legislation to conduct exercises;

4) special means and support materials - weapons and military equipment, weapons and ammunition, equipment, communications equipment, equipment for special anti-terrorist formations, technical, transport and other special means and materials used during joint anti-terrorist exercises;

5) the receiving Party - the Party receiving on its territory participants of exercises, special means and materials of providing the sending Parties;

6) the sending Party - the Party sending participants of exercises, special means and materials of support to the territory of the receiving Party;

7) Transit Party - the Party through whose territory the participants of the exercises, special equipment and support materials of the sending Party are being transported to the territory of the receiving Party and back;

8) a third party is a State that is not a sending, receiving or transit Party, its individuals and/or legal entities, as well as international intergovernmental organizations;

9) performance of official duties by participants in the exercises - being in places of deployment, treatment and other places in agreement with the host Party, following (being on the way) to the named areas (places) and back, including through the territory of the transit Party, as well as actions performed in the area of the exercises to perform tasks related to exercises, with the exception of: unauthorized abandonment of places of deployment or areas of exercises; voluntary bringing oneself into a state of toxic, narcotic or alcoholic intoxication;

10) damage - physical, moral, material and other types of harm, the responsibility for which is provided for by the national legislation of the Parties;

11) exercise area - areas of terrain designated for conducting exercises within the territory of the host Party;

12) location - the territory designated by the host Party to accommodate participants in the exercises of the Parties;

13) The SCO RATS Council is the Council of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization.;

14) The Executive Committee of the SCO RATS is the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization;

15) competent authority - a state body of a Party engaged in combating terrorism in accordance with its legislation.

Article 2

The purpose of the exercise is to train special anti-terrorist units for joint action in the event of a terrorist act or threat.

Article 3

The main objectives of the exercises are:

increasing the level of coherence of the exercise management bodies in the leadership of special anti-terrorist formations;

improving the practical skills of the participants in the exercises and developing effective forms and methods of conducting joint anti-terrorist activities;

practical elaboration of issues of coordination of actions of special anti-terrorist formations;

development of new techniques and methods, as well as exchange of experience in conducting anti-terrorist activities.

Article 4

The decision to conduct the exercises is made by the Council of the SCO RATS. The dates of the exercises are determined by the SCO RATS Council, taking into account the opinions of the Parties whose participation is expected in the upcoming exercises. With the decision to hold exercises, the coordination of issues related to their preparation is carried out during consultations of the Parties. The results of the consultations are drawn up in the form of a protocol. The Parties will organize and conduct exercises on their territories in turn, in the order of the Russian alphabet of the names of the Parties. The SCO RATS Executive Committee facilitates cooperation in the preparation and conduct of exercises at the request of interested SCO member States. Each Party has the right to appeal to the Council of the SCO RATS with a request to hold an extraordinary exercise on its territory. If it is impossible or in case of refusal to participate in the exercises, the Party shall notify the SCO RATS Executive Committee in writing no later than two months before the start of the exercises, stating the reasons preventing participation in the exercises.

Article 5

The head of the exercises and his deputies are appointed for the preparation and conduct of the exercises, and an exercise management body is created. The head of the exercise is appointed from among the heads of the competent authority of the host Country. His deputies are appointed from among the representatives of the competent authorities of the sending Party. The composition and structure of the exercise management body and the procedure for conducting exercises are determined by agreement of the receiving and sending Parties.

Article 6

The Parties, in agreement with the exercise management body, determine their degree of participation, composition and number of participants in the exercise. Representatives of third parties may be invited as observers to the exercises, as agreed by the SCO RATS Executive Committee.

Article 7

The receiving Party determines the area of the exercises and creates conditions for: developing the concept of the exercise, which is coordinated through the Executive Committee of the SCO RATS with the sending Party and approved by the Parties; preparing the final and other documents of the exercises; providing access to its territory and its use in accordance with its national legislation; entry, movement and departure of participants in the exercises, their placement at their location, movement of special means and support materials across their territory, crossing the state border (including customs and border procedures); taking necessary measures to protect and protect participants in the exercises, special means and support materials, as well as to organize the cordon of the exercise area; exemption of the sending Party from paying tax, customs, insurance fees and other mandatory payments.

Article 8

The sending Party: respects the sovereignty, legislation and customs of the receiving Party and/or the Transit Party; does not interfere in the internal affairs of the receiving Party and/or the Transit Party; does not participate in political activities in the territories of the receiving Party and/or the transit Party; complies with border and customs control procedures of the receiving Party and/or the Transit Party; routes of movement of participants in the exercises and movement of special equipment and support materials agreed with the receiving Party and/or the Transit Party; assists the receiving Party and/or the Transit Party in taking the necessary measures to protect and protect participants in the exercises, special equipment and support materials; ensures the safety of used property, natural resources, cultural, historical and other facilities of the receiving Party and/or the Transit Party; complies with environmental safety standards in the territory of the receiving Party and/or the transit Party.

Article 9

The transit Party: authorizes and facilitates the entry, movement and departure of participants in the exercises, as well as the import, movement and export of special equipment and supplies of the sending Party on its territory; exempts the sending Party from paying tax, customs, insurance fees and other mandatory payments.

Article 10

The sending Party, no later than two months before the start of the exercises, notifies the receiving Party of the required real estate in the locations for the accommodation of participants in the exercises, as well as the necessary special equipment and support materials. The receiving Party provides the participants of the exercises of the sending Party with real estate, water, electricity, provides medical care and creates conditions for life and everyday life in the amount necessary for them to fulfill their tasks. If necessary, special facilities and support materials are provided by the receiving Party by mutual agreement. The provision of transport and other services is carried out by agreement between the competent authorities of the Parties.

Article 11

The receiving Party and/or the Transit Party recognize as valid the national driving licenses of the participants of the exercises of the sending Parties.

Article 12

The participants of the exercises cross the state border at the checkpoints agreed by the Parties in a visa-free manner according to personal lists, upon presentation of their identity documents. The form and procedure for compiling the nominal list of participants in the exercises of the sending Party and the list of special means and support materials are determined by agreement of the Parties. The list of participants in the exercises should include information about the persons, indicating the surname, first name, patronymic, gender, date of birth, series and number of the identity document, purpose of entry and time of stay in the territory of the host Country. The list of special means and support materials should include the name, quantity and labeling of special means and support materials. The nominal list of participants in the exercises and the list of special equipment and materials for the support of the sending Party are drawn up in Chinese and Russian, and provided to the receiving Party no later than 30 days before crossing the state border of the receiving Party.

Article 13

The movement of items intended for personal use, as well as currency valuables across the state border of the Parties by persons who are part of the participants in the exercises of the sending Party, is carried out in accordance with the legislation of the receiving Party and/or the Transit Party. The Parties shall carry out customs clearance and customs control of special means and security materials transported across the customs borders of the Parties in accordance with this Agreement, in a simplified manner. The customs authorities of the Parties have the right, in accordance with the procedure and under the conditions established by national legislation, to carry out a personal search and baggage inspection of participants in the exercises and to confiscate items prohibited or restricted for import and export in accordance with national legislation, with the exception of special means and supplies of the Parties included in the relevant list. The packaged official documents of the Parties, secured by appropriate means of identification, are inviolable and are not subject to customs inspection, as well as opening and detention.

Article 14

In accordance with its national legislation, the receiving Party, in agreement with the sending Party, has the right to organize quarantine measures on its territory in respect of participants in the exercises of the sending Party, as well as their personal belongings, special equipment and support materials.

Article 15

The organization of transportation of participants in the exercises, special equipment and supplies by air is carried out in coordination with the relevant authorities of the Parties responsible for the organization of international air transportation. Aviation flights are operated along routes, as well as in zones (areas) established by the receiving Party and/or the Transit Party. Navigation, airfield technical support and protection of aircraft participating in exercises or transporting participants in exercises at military and civilian airfields are carried out by agreement between the Parties. Aircraft flights on international routes are controlled by the air transport authorities of the Parties in accordance with the information flight zones of the Parties. The safety of flights of aircraft performing international transportation in connection with the implementation of this Agreement is ensured in accordance with international treaties to which the Parties are parties and the national legislation of the Party in whose airspace the flights are carried out. The Parties, through joint groups (commissions), monitor compliance with flight safety requirements, investigate aviation accidents and incidents involving aircraft of the SCO member States in solving tasks related to the implementation of this Agreement involving aviation personnel of several Parties. The procedure for creating joint groups (commissions) is determined by the exercise management body by agreement of the Parties for the period of preparation of the exercises. The head of the joint group (commission) is appointed from among the representatives of the host Party. In case of emergency circumstances (natural disasters, adverse meteorological conditions of flight, malfunctions on board the aircraft), the air transport authorities of the Parties provide assistance to aircraft carrying out the transportation of participants in the exercises, including the provision of alternate airfields for emergency landing. Search and rescue support of aviation flights is organized by the forces and means of the Parties on a gratuitous basis.

Article 16

The entry of military (police) ships and auxiliary vessels of the sending Party into the territorial sea, internal sea waters and inland waterways of the receiving Party is carried out in accordance with the national legislation of the receiving Party and international treaties to which the Parties are parties. The provision by the receiving Party of pilotage, tugboats, and port services to military (police) ships and auxiliary vessels of the sending Parties is carried out by separate agreement between the Parties.

Article 17

The participants of the exercises are not subject to the legislation of the host Country governing registration and migration control. Participants in the exercises of the sending Party do not have the right to permanent residence in the territory of the receiving Party.

Article 18

During the period of the exercises, the participants of the exercises must wear the distinctive signs agreed between the Parties. Military and other equipment of the special anti-terrorist formations of the Parties must have clearly visible registration numbers and distinctive signs during the exercises.

Article 19

Participants in the exercises of the sending Party, during their stay in the area of the exercises on the territory of the receiving Party, have the right to store, carry, use and apply special means and support materials to perform the tasks provided for in the exercise plan, as well as at their locations and in other places in agreement with the receiving Party to ensure security functions. The use of special means and support materials during the exercises is carried out in accordance with the legislation of the host Country.

Article 20

The sending Party is obliged to immediately inform the receiving Party about cases of missing special equipment and/or support materials, as well as about the absence of participants in the exercises at the location. If necessary, at the request of the host Party, each of the Parties provides the necessary assistance in searching for missing special equipment and/or support materials, as well as establishing the location of the participants in the exercises. The receiving Party, which has discovered the missing special equipment and/or support materials, as well as established the location of the missing participants in the exercises, shall take measures to transfer them to the relevant Party.

Article 21

The Parties shall independently bear the costs associated with the execution of this Agreement, unless a different procedure is agreed in each specific case. The sending Party reimburses the costs of all special means and security materials provided by the receiving Party upon its request on the basis of mutual agreement.

Article 22

Informing the public about the progress and results of the exercises is carried out by the Parties and the Executive Committee of the SCO RATS in an agreed form and volume.

Article 23

It is not allowed to disseminate information about the participants of the exercises; disclosing special techniques, tactics and methods of conducting exercises; about the characteristics of special means and support materials used during the exercises; prohibited for dissemination by agreement of the Parties. Responsibility for the unauthorized dissemination of the information specified in this article is determined in accordance with the national legislation of the Parties.

Article 24

The receiving Party sends information and analytical materials about the exercises to the Parties and the Executive Committee of the SCO RATS.

Article 25

The special facilities and security materials of each of the Parties are their property and cannot be withheld and/or alienated in any form. Unused special equipment and support materials are removed by the sending Party after the end of the exercises from the territory of the receiving Party. If, due to special circumstances, it is not possible to remove special means and support materials, the decision on their use or destruction is made on the basis of an agreement between the sending and receiving Parties.

Article 26

In matters of jurisdiction over participants in the exercises of the sending Party, the Parties are guided by the following principles: if a participant in the exercises of the sending Party commits a crime against his Side and other participants in the exercises of his Side, as well as if he commits a crime in the performance of official duties, the jurisdiction of the sending Party is exercised; if a participant in the exercises commits a crime that does not fall under paragraph two under this Article, the jurisdiction of the receiving Party is exercised. The sending Party may carry out a preliminary investigation in the event that an unidentified person commits a crime against the sending Party and/or participants in the exercises of the sending Party at the locations of the participants in the exercises. When identifying the person who committed the crime, the procedure defined by this Agreement shall apply. The competent authorities of the Parties interact with each other directly and assist each other in conducting investigations, in collecting and providing evidence related to crimes, in establishing the location (search), detention and arrest (detention) of a participant in the exercises, suspected or accused of committing a crime. The heads of the Parties' participants in the exercises also have the right to carry out direct relations within their competence. The receiving Party shall immediately notify the sending Party of the detention of a participant in the exercises of the sending Party. The sending Party shall immediately notify the receiving Party of the detention of a participant in the exercises of the receiving Party. When detaining, making an arrest (taking into custody), conducting other procedural actions, as well as when transferring a participant in an exercise suspected of committing a crime, or providing legal assistance, the Parties are guided by international treaties to which they are parties and national legislation. 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: prompt and prompt investigation and trial; receive information about a specific charge against him from the moment the criminal prosecution begins; face-to-face meeting with prosecution witnesses and other participants in criminal proceedings; involvement of defense witnesses, if they are under the jurisdiction of the receiving Party; legal assistance of their own choice or free assistance from a lawyer; translation services; maintaining contact with a representative of the sending Party. The parties may request each other to transfer or accept criminal cases of crimes committed by participants in the exercises. Such requests are considered immediately. In accordance with international treaties to which the Parties are parties and national legislation, the competent authorities of the Parties notify each other of the results of investigations and judicial proceedings in all criminal cases in respect of which the Parties have competing jurisdiction.

Article 27

The Parties waive claims for damage caused by the participants of the exercises to other participants of the exercises in the performance of their official duties. The procedure for compensation for damage caused by participants in exercises to other participants in exercises not in the performance of their official duties is determined by separate agreements between the competent authorities of the respective 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. The procedure for compensation of damage caused by participants in the exercises of the sending Party to 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. In the event that the relevant Parties are liable for damage caused in accordance with paragraphs two and three of this Article, and the degree of liability cannot be determined, the compensation for damage shall be distributed equally between the said Parties. Damage caused by special anti-terrorist formations or a person belonging to them to a third party is compensated in accordance with the following provisions: the legislation of the receiving Party applies. The final decision on payment of compensation or refusal to pay such compensation, made by the appropriate judicial authority of the receiving Party, is final; the receiving Party may arrange consultations with the participation of interested parties to resolve the claim of a third party. Damage compensation payments are made in the currency of the receiving Party. The Parties shall cooperate in order to obtain evidence and organize an impartial review 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 a third party.

Article 28

The participants of the exercises of the sending Party and their family members retain in full the benefits, guarantees and compensations established by its national legislation. This procedure applies if the damage was caused during the stay of the participants of the exercises of the sending Party in the territory of the receiving Party, as well as during transit through the territory of the other Party.

Article 29

The Parties, in accordance with their national legislation, determine the competent authorities responsible for the implementation of this Agreement, which they inform the depositary at the same time as notifying them of the completion of the internal procedures necessary for the entry into force of this Agreement, as well as changes in the competent authorities and/or their names. The Depositary, within fifteen days from the date of receipt of the notification from the Party about the competent authority designated by it, shall inform the other Parties about this.

Article 30

The Parties will resolve disputes that may arise in connection with the interpretation or application of the provisions of this Agreement through consultations and negotiations.

Article 31

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 32

When carrying out cooperation under this Agreement, the working languages are Chinese and Russian.

Article 33

With the consent of the Parties, amendments and additions may be made to this Agreement in the form of separate protocols.

Article 34

This Agreement is temporarily applied from the date of signing and enters into force on the thirtieth day after the date of receipt by the depositary of the fourth written notification on the completion by the Parties of the internal procedures necessary for its entry into force. This Agreement is concluded for an indefinite period. The depositary of this Agreement is the Secretariat of the Shanghai Cooperation Organization, which, within fifteen days from the date of signing this Agreement, shall send certified copies thereof to the Parties. This Agreement is open for accession by States that are parties to the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001. For the acceding State, this Agreement shall enter into force on the thirtieth day after the date of receipt by the depositary of the instrument of its accession. This Agreement shall cease to apply to either Party if it ceases to be a member State of the Shanghai Cooperation Organization.

Article 35

Each of the Parties may withdraw from this Agreement by sending a written notification to the depositary twelve months before the expected date of withdrawal. The Depositary will notify the other Parties of this intention within thirty days from the date of receipt of the withdrawal notification.

Committed in __________________ 200_ in one original copy in Russian and Chinese, both texts having the same validity.

For the Republic of Kazakhstan

For the People's Republic of China

For the Kyrgyz Republic

For the Russian Federation

For the Republic of Tajikistan

For the Republic of Uzbekistan

President

Republic of Kazakhstan

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