On the ratification of the Charter of the Shanghai Cooperation Organization

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Law of the Republic of Kazakhstan dated July 4, 2003 No. 465

To ratify the Charter of the Shanghai Cooperation Organization, signed in St. Petersburg on June 7, 2002.

President of the Republic of Kazakhstan

Charter * of the Shanghai Cooperation Organization

*(Entered into force on September 19, 2003 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 8, Article 44)

The RCPI's note. The Charter is amended by the Law of the Republic of Kazakhstan dated 15.12.2008 N 103-IV; dated 05.01.2009 N 118-IV .

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, which are the founding States of the Shanghai Cooperation Organization (hereinafter referred to as the SCO or the Organization), based on the historically established ties of their peoples; striving to further deepen comprehensive cooperation; Desiring to contribute through joint efforts to strengthening peace, ensuring security and stability in the region in the context of developing processes of political multipolarity, economic and information globalization; being convinced that the creation of the SCO contributes to a more effective joint use of emerging opportunities and countering new challenges and threats; considering that cooperation within the SCO contributes to unlocking enormous potential good-neighborliness, unity and cooperation between States and their peoples; Based on the spirit of mutual trust, mutual benefit, equality, mutual consultation, respect for the diversity of cultures and the desire for joint development, which was established at the meeting of the heads of the six States in Shanghai (2001).; Noting that compliance with the principles set out in the Agreement between the Russian Federation, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the People's Republic of China on Confidence-building in the Military Field in the Border Area of April 26, 1996 and in the Agreement between the Russian Federation, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the People's Republic of China on Mutual reduction of the armed forces in the border area dated April 24, 1997, as well as in the documents signed during the summit meetings of the heads of 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 made an important contribution to the maintenance of peace, security and stability in the region and throughout the world from 1998 to 2001; reaffirming their commitment to the purposes and principles of the Charter of the United Nations and other universally recognized principles and norms of international law concerning the maintenance of international peace, security and the development of good-neighborly and friendly relations, as well as cooperation between States; Guided by the provisions of the Declaration on the Establishment of the Shanghai Cooperation Organization of June 15, 2001; agreed on the following:

Article 1 Goals and objectives

The main goals and objectives of the SCO are: to strengthen mutual trust, friendship and good-neighborliness between the member states; to develop multidisciplinary cooperation in order to maintain and strengthen peace, security and stability in the region, and to promote the building of a new democratic, just and rational political and economic international order.; joint counteraction to terrorism, separatism and extremism in all their manifestations, combating drug and arms trafficking, other types of transnational criminal activities, as well as illegal migration; encouraging effective regional cooperation in political, trade, economic, defense, law enforcement, environmental protection, cultural, scientific, technical, educational, energy, transport, credit and finance and other areas of common interest; promoting comprehensive and balanced economic growth, social and cultural development in the region through joint actions based on equal partnership in order to steadily raise the standard of living and improve the living conditions of the peoples of the Member States; coordinating approaches to integration into the global economy; promoting human rights and fundamental freedoms in accordance with the international obligations of the Member States and their national legislation; maintaining and developing relations with other States and international organizations; cooperation in the prevention of international conflicts and their peaceful settlement; joint search for solutions to problems that will arise in the 21st century.

Article 2 Principles

The SCO member States adhere to the following principles: mutual respect for sovereignty, independence, territorial integrity of states and inviolability of state borders, non-aggression, non-interference in internal affairs, non-use of force or threat of force in international relations, rejection of unilateral military superiority in neighboring areas; equality of all member states, search for common points of view based on mutual understanding and respect for the opinions of each of them; step-by-step implementation of joint actions in areas of common interest; peaceful resolution of disagreements between the member States; non-targeting of the SCO against other states and international organizations; prevention of any illegal actions directed against the interests of the SCO; conscientious fulfillment of obligations arising from this Charter and other documents adopted within the framework of the SCO.

Article 3 Areas of cooperation

The main areas of cooperation within the SCO are: maintaining peace and strengthening security and trust in the region; finding common points of view on foreign policy issues of common interest, including in international organizations and international forums; developing and implementing measures to jointly counter terrorism, separatism and extremism, drug and arms trafficking, other types of transnational criminal activity, as well as illegal migration; coordination of efforts on disarmament and arms control; support and promotion of regional economic cooperation in various forms, assistance in creating favorable conditions for trade and investment in order to gradually realize the free movement of goods, capital, services and technologies; effective use of existing infrastructure in the field of transport and communications, improvement of transit potential of Member States, development of energy systems; ensuring rational use of natural resources, including the use of water resources in the region, the implementation of joint special environmental protection programs and projects; providing mutual assistance in preventing natural and man-made emergencies and eliminating their consequences; exchanging legal information in the interests of developing cooperation within the SCO; expanding cooperation in the fields of science and technology, education, health, culture, sports and tourism. The SCO member States may, by mutual agreement, expand the areas of cooperation.

Article 4 Bodies

1. In order to fulfill the goals and objectives of this Charter, the Organization operates: The Council of Heads of State; Council of Heads of Government (Prime Ministers); Council of Foreign Ministers; Meetings of heads of ministries and/or departments; Council of National Coordinators; Regional Anti-Terrorism Structure; Secretariat. 2. The functions and working procedures of the SCO bodies, with the exception of the Regional Anti-Terrorist Structure, are determined by the relevant provisions, which are approved by the Council of Heads of State. 3. The Council of Heads of State may decide to establish other SCO bodies. The creation of new bodies shall be formalized in the form of additional protocols to this Charter, which shall enter into force in accordance with the procedure established by Article 21 of this Charter.

Article 5 Council of Heads of State

The Council of Heads of State is the highest body of the SCO. He determines the priorities and develops the main directions of the Organization's activities, solves fundamental issues of its internal structure and functioning, interaction with other States and international organizations, and also considers the most pressing international issues. The Council meets once a year for regular meetings. The meeting of the Council of Heads of State is chaired by the head of the State that organizes the next meeting. The venue of the next meeting of the Council is determined, as a rule, in the order of the Russian alphabet of the names of the SCO member states.

Article 6 Council of Heads of Government (Prime Ministers)

The Council of Heads of Government (Prime Ministers) adopts the budget of the Organization, considers and resolves the main issues related to specific, especially economic, areas of cooperation within the Organization. The Council meets once a year for regular meetings. The Council meeting is chaired by the Head of Government (Prime Minister) of the State in whose territory the meeting is being held. The venue of the next meeting of the Council is determined by prior agreement of the Heads of Government (Prime Ministers) of the Member States.

Article 7 The Council of Ministers of Foreign Affairs

The Council of Foreign Ministers considers the Organization's current activities, preparations for a meeting of the Council of Heads of State and consultations within the Organization on international issues. The Council may, if necessary, make statements on behalf of the SCO. The Council meets, as a rule, one month before the meeting of the Council of Heads of State. Extraordinary meetings of the Council of Foreign Ministers are convened on the initiative of at least two Member States and with the consent of the Ministers of Foreign Affairs of all other Member States. The venue of the regular and extraordinary Council meetings is determined by mutual agreement. The Council is chaired by the Minister of Foreign Affairs of the Member State of the Organization in whose territory the regular meeting of the Council of Heads of State is held, during the period beginning from the date of the last regular meeting of the Council of Heads of State and ending with the date of the regular meeting of the Council of Heads of State. When conducting external contacts, the Chairman of the Council of Foreign Ministers represents the Organization in accordance with the Regulations on the Council's Work Procedure.

Article 8 Meetings of heads of ministries and/or departments

In accordance with the decisions of the Council of Heads of State and the Council of Heads of Government (Prime Ministers), the heads of line ministries and/or departments of the member States hold regular meetings to consider specific issues of developing cooperation in relevant areas within the SCO. The chairmanship is carried out by the head of the relevant ministry and/or department of the State organizing the meeting. The place and time of the meeting are agreed upon in advance. For the preparation and holding of meetings, by prior agreement of the Member States, expert working groups may be established on a permanent or temporary basis, which carry out their activities in accordance with the work regulations approved at meetings of heads of ministries and/or departments. These groups are formed from representatives of ministries and/or departments of the Member States.

Article 9 Council of National Coordinators

The Council of National Coordinators is the SCO body responsible for coordinating and managing the Organization's current activities. He conducts the necessary preparations for the meetings of the Council of Heads of State, the Council of Heads of Government (Prime Ministers) and the Council of Foreign Ministers. National coordinators are appointed by each Member State in accordance with its internal rules and procedures. The Council meets at least three times a year. The Council is chaired by the national coordinator of the Member State of the Organization, in whose territory the next meeting of the Council of Heads of State will be held, during the period beginning from the date of the last regular meeting of the Council of Heads of State and ending with the date of the next meeting of the Council of Heads of State. The Chairman of the Council of National Coordinators, on behalf of the Chairman of the Council of Ministers of Foreign Affairs, may represent the Organization in carrying out external contacts in accordance with the Regulations on the Working Procedure of the Council of National Coordinators.

Article 10 Regional anti-terrorist structure

The Regional Anti-Terrorist Structure of the States parties to the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, located in Bishkek (Kyrgyz Republic), is a permanent body of the SCO. Its main tasks and functions, principles of formation and financing, as well as the procedure for its activities are regulated by a separate international agreement concluded between the Member States and other necessary documents adopted by them.

Article 11 The Secretariat

The Secretariat is a permanent administrative body of the SCO. He provides organizational and technical support for events held within the framework of the SCO, prepares proposals for the Organization's annual budget. The Secretariat is headed by an Executive Secretary, who is approved by the Council of Heads of State on the recommendation of the Council of Foreign Ministers. The Executive Secretary is appointed from among the citizens of the Member States on a rotating basis in the order of the Russian alphabet of the names of the Member States for a period of three years without the right to extend for another term. The Deputy Executive Secretaries are approved by the Council of Foreign Ministers on the recommendation of the Council of National Coordinators. They cannot be representatives of the State from which the Executive Secretary is appointed. The officials of the Secretariat are recruited from among the citizens of the Member States on a quota basis. In the performance of their official duties, the Executive Secretary, his deputies and other officials of the Secretariat should not seek or receive instructions from any Member State and/or Government, organizations or individuals. They should refrain from any actions that could affect their position as international officials responsible only to the SCO. Member States undertake to respect the international character of the duties of the Executive Secretary, his deputies and the staff of the Secretariat and not to influence them in the performance of their official duties. The location of the SCO Secretariat is the city of Beijing (People's Republic of China).

Article 12 Financing

The SCO has its own budget, which is formed and executed in accordance with a special agreement between the member States. This Agreement also determines the amount of contributions that Member States make annually to the Organization's budget based on the principle of equity participation. The budget funds are allocated to finance the permanent SCO bodies in accordance with the above-mentioned Agreement. Member States shall independently bear the costs associated with the participation of their representatives and experts in the Organization's events.

Article 13 Membership

The SCO is open to admission to its membership of other States in the region, which undertake to comply with the purposes and principles of this Charter, as well as the provisions of other international treaties and documents adopted within the framework of the SCO. The decision on the admission of new members to the SCO is made by the Council of Heads of State on the recommendation of the Council of Foreign Ministers on the basis of an official request from the interested state sent to the current Chairman of the Council of Foreign Ministers. Membership in the SCO of a member State that violates the provisions of this Charter and/or systematically fails to fulfill its obligations under international treaties and documents concluded within the SCO may be suspended upon submission by the Council of Foreign Ministers by a decision of the Council of Heads of State. If this State continues to violate its obligations, the Council of Heads of State may decide to expel it from the SCO from a date determined by the Council itself. Any member State has the right to withdraw from the SCO by sending an official notification to the depositary of its withdrawal from this Charter no later than twelve months before the date of withdrawal. The obligations that arose during the period of participation in this Charter and other documents adopted within the framework of the SCO bind the respective States until their full implementation.

Article 14 Relations with other States and international organizations

The SCO can engage in interaction and dialogue, including in certain areas of cooperation, with other states and international organizations. The SCO may grant the interested State or international organization the status of a dialogue partner or observer. The procedure and procedures for granting such status are established by a special agreement between the Member States. This Charter does not affect the rights and obligations of the Member States under other international treaties to which they are parties.

Article 15 Legal capacity

The SCO, as a subject of international law, has international legal standing. It enjoys in the territory of each Member State such legal capacity as is necessary for the realization of its goals and objectives. The SCO enjoys the rights of a legal entity and can, in particular: - conclude contracts; - acquire and dispose of movable and immovable property; - act in courts as a plaintiff or defendant; - open accounts and conduct transactions with funds.

Article 16 Decision-making procedure

Decisions in the SCO bodies are made by agreement without a vote and are considered adopted if none of the member States has objected to them (consensus) during the approval process, with the exception of decisions on suspension of membership or expulsion from the Organization, which are made on the principle of "consensus minus one vote of the interested member State." Any Member State can express its point of view on individual aspects and/or specific issues of the decisions taken, which is not an obstacle to making a decision as a whole. This point of view is recorded in the minutes of the meeting. In cases of disinterest of one or more Member States in the implementation of individual cooperation projects of interest to other Member States, the non-participation of the said Member States in them does not prevent the implementation of such cooperation projects by the interested Member States and, at the same time, does not prevent the said Member States from further joining the implementation of such projects.

Article 17 Enforcement of decisions

The decisions of the SCO bodies are executed by the member States in accordance with the procedures determined by their national legislation. Control over the fulfillment of the obligations of the member States to implement this Charter, other treaties in force within the SCO and decisions of its bodies is carried out by the SCO bodies within their competence.

Article 18 Permanent Representatives

The Member States, in accordance with their internal rules and procedures, appoint their permanent representatives to the SCO Secretariat, who will be part of the diplomatic staff of the embassies of the member States in Beijing.

Article 19 Privileges and immunities

The SCO and its officials enjoy privileges and immunities in the territories of all Member States that are necessary to perform the functions and achieve the goals of the Organization. The scope of privileges and immunities of the SCO and its officials is determined by a separate international treaty.

Article 20 Languages

The official and working languages of the SCO are Russian and Chinese.

Article 21 Period of validity and entry into force

This Charter is concluded for an indefinite period. This Charter is subject to ratification by the signatory States and shall enter into force on the thirtieth day following the date of deposit of the fourth instrument of ratification with the depositary. For a signatory State which has ratified this Charter at a later date, it shall enter into force on the date of deposit of its instrument of ratification with the depositary. After the entry into force of this Charter, it is open for accession by any State. For the acceding State, this Charter shall enter into force on the thirtieth day following the date of receipt by the depositary of the relevant instruments of accession.

Article 22 Dispute resolution

In the event of disputes and disagreements regarding the interpretation or application of this Charter, the Member States will resolve them through consultations and negotiations.

Article 23 Amendments and additions

Amendments and additions may be made to this Charter by mutual agreement of the Member States. Decisions of the Council of Heads of State on amendments and additions are formalized in separate protocols, which are an integral part of it and enter into force in accordance with the procedure provided for in Article 21 of this Charter.

Article 24 Reservations

Reservations may not be made to this Charter that contradict the principles, goals and objectives of the Organization, and may also hinder the performance by any SCO body of its functions. If at least 2/3 of the Member States have objections, the reservations should be considered as contrary to the principles, goals and objectives of the Organization or preventing any body from performing its functions and having no legal effect.

Article 25 The Depositary

The People's Republic of China is the depositary of this Charter.

Article 26 Registration

This Charter, in accordance with Article 102 of the Charter of the United Nations, is subject to registration with the United Nations Secretariat.

Done in St. Petersburg on June 07, 2002, in a single copy in the Russian and Chinese languages, both texts being equally authentic. The original copy of this Charter shall be deposited with the depositary, who will send certified copies to all signatory States.

For For For For the Republic of China Kyrgyz Russian Kazakhstan, the People's Republic of the Federation, the Republic of

Behind For the Republic of the Republic Tadjikistan Uzbekistan

President

Republic of Kazakhstan

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