On the Ratification of the Protocol on the Approval of the Regulations on the Organization and Conduct of Joint Anti-terrorist Activities in the Territories of the Member States of the Commonwealth of Independent States

Home / RLA / On the Ratification of the Protocol on the Approval of the Regulations on the Organization and Conduct of Joint Anti-terrorist Activities in the Territories of the Member States of the Commonwealth of Independent States

On the Ratification of the Protocol on the Approval of the Regulations on the Organization and Conduct of Joint Anti-terrorist Activities in the Territories of the Member States of the Commonwealth of Independent States

Law of the Republic of Kazakhstan dated October 4, 2004 No. 599

To ratify the Protocol approving the Regulations on the Organization and Conduct of Joint Anti-Terrorist Activities in the Territories of the Member States of the Commonwealth of Independent States, signed in Chisinau on October 7, 2002.

President of the Republic of Kazakhstan

 Protocol on Approval of the Regulation on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the Member States of the Commonwealth of Independent States

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

Notifications have been submitted:

Republic of Moldova - deposited on July 8, 2003; Kyrgyz Republic - deposited on August 4, 2003; Republic of Azerbaijan - deposited on March 24, 2004; Russian Federation - deposited on April 24, 2004; Ukraine - deposited on May 19, 2004; Republic of Belarus - deposited on June 9, 2004; Republic of Kazakhstan - deposited on October 14, 2004; Republic of Armenia - deposited on December 8, 2004; Republic of Tajikistan - deposited on December 15, 2004.

The Protocol entered into force on March 24, 2004.

entered into force for the States:

Republic of Moldova - March 24, 2004; Kyrgyz Republic - March 24, 2004; Republic of Azerbaijan - March 24, 2004; Russian Federation - April 24, 2004; Ukraine - May 19, 2004; Republic of Belarus - June 9, 2004; Republic of Kazakhstan - October 14, 2004; Republic of Armenia - December 8, 2004; Republic of Tajikistan - December 15, 2004.

The States Parties to this Protocol, hereinafter referred to as the Parties, aware of the danger that terrorism poses to human life and health, taking into account international instruments related to combating terrorism, attaching great importance to joint anti-terrorist activities in the territories of the member States of the Commonwealth of Independent States, have agreed as follows:

1. To approve the Regulation on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the member States of the Commonwealth of Independent States, hereinafter referred to as the Regulation (attached), which is an integral part of this Protocol.

2. This Protocol shall enter into force on the date of receipt by the depositary of the third notification that the Parties have completed the necessary internal procedures. For States that have completed such procedures later, it shall enter into force on the date of receipt by the depositary of the relevant notifications.

3. The Regulations may be amended and supplemented by a separate protocol, which shall enter into force in accordance with the procedure provided for in paragraph 2 of this Protocol.

4. After the entry into force of this Protocol, it is open for accession by other States. For the acceding State, it shall enter into force 30 days after the date of receipt by the depositary of the relevant notification.

5. This Protocol is valid for a period of five years from the date of its entry into force. Upon expiration of this period, the validity of this Protocol is automatically extended each time for a period of five years, unless the Parties decide otherwise.

6. Each Party may withdraw from this Protocol by sending a written notification to the depositary at least six months prior to withdrawal. Withdrawal from this Protocol does not release a State from the financial obligations it assumed as a Party to this Protocol. Done in Chisinau on October 7, 2002, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Protocol.

For the Republic of Azerbaijan For the Republic of Moldova For the Republic of Armenia For the Russian Federation For the Republic of Belarus For the Republic of Tajikistan

For Georgia For Turkmenistan

For the Republic of Kazakhstan For the Republic of Uzbekistan

For the Kyrgyz Republic For Ukraine

Note: See the Reservations of the Russian Federation.

I hereby certify that this text is a true copy from a certified copy of the Protocol on Approval of the Regulations on the Organization and Conduct of Joint Anti-Terrorist Activities in the Territories of the member States of the Commonwealth of Independent States dated October 7, 2002.

 Advisor International Law Department Ministry of Foreign Affairs of the Republic of Kazakhstan

Annex to the Protocol on the Approval of the Regulations on the Organization and Conduct of Joint Anti-Terrorist Activities in the territories of the Participating States Of the Commonwealth of Independent States on October 7, 2002

 Regulation on the procedure for organizing and conducting joint anti-terrorist activities in the territories of the Commonwealth Member States Independent States

This Regulation defines the organizational basis and procedure for conducting joint anti-terrorist activities in the territories of the member States of the Commonwealth of Independent States (hereinafter referred to as the Parties).

 1. General provisions

1.1. The concepts used in this Regulation have the following meanings:  joint anti-terrorist measures are measures to combat terrorism carried out by the competent authorities of the Parties according to an agreed unified plan and plan by special anti-terrorist units in the territories of the requesting Parties; special anti-terrorist units are groups of specialists formed by the Parties in accordance with their national legislation to combat terrorism.;  participants in a joint anti-terrorist event - personnel of special anti-terrorist formations, employees of the management body of special anti-terrorist formations during joint anti-terrorist activities and other persons participating in these events; requesting Party - a Party that requests the dispatch of special anti-terrorist formations to conduct joint anti-terrorist activities on its territory (hereinafter referred to as a request for assistance assistance);  requested Party - The Party to which the requesting Party applies with a request to send special anti-terrorist units to conduct joint anti-terrorist activities; competent authority - the authority of the Party that carries out the fight against terrorism in accordance with national legislation and is responsible for conducting joint anti-terrorist activities;  special means and support materials - materials, technical and transport means, equipment of special anti-terrorist formations, including weapons and ammunition, special means and equipment; Center - the Anti-Terrorist Center of the member states of the Commonwealth of Independent States. 1.2. The legal basis of joint anti-terrorist measures is made up of generally recognized principles and norms of international law, international obligations of the Parties and their national legislation, as well as this Regulation. 1.3. Joint anti-terrorist measures are carried out in order to suppress terrorist activities, including: the release of hostages taken by terrorists; the neutralization of high-power explosive devices or other destructive devices of complex design; the release of facilities of increased technological and environmental danger, nuclear industry, transport, energy, chemical industries and other facilities (buildings and premises of diplomatic missions, etc.) seized by terrorists.; detaining terrorists, eliminating terrorist groups and formations. 1.4. During the preparation and conduct of joint anti-terrorist activities, participants in the special anti-terrorist formation of the requested Party must comply with generally recognized principles and norms of international law and the national legislation of the requesting Party. 1.5. Disputes arising from the interpretation and application of these Regulations are resolved through consultations and negotiations between the Parties.

 2. The procedure for organizing joint anti-terrorist activities

2.1. The Parties, in accordance with their national legislation, shall determine the competent authorities responsible for conducting joint anti-terrorist measures, which they shall inform the depositary at the same time as notifying them of the completion of the internal procedures necessary for the entry into force of the Protocol approving this Regulation, as well as of the change in the name of the competent authority. The competent authorities of the Parties shall inform the Center about the composition of special anti-terrorist units designed to carry out joint anti-terrorist activities. 2.2. The personnel of special anti-terrorist formations undergo additional training according to programs developed by the competent authorities of the Parties with the participation of the Center, both at their national training base and at training centers of other Parties on a contractual basis. Joint training of special anti-terrorist formations of the Parties is carried out during command and staff and operational-tactical exercises organized by the Center. On the basis of mutual agreement, the Parties may conduct joint exercises of special anti-terrorist formations and internship of representatives of the other Party in the units of their competent authorities. 2.3. The decision to hold a joint anti-terrorist event is made by the requesting Party in consultation with the requested Party. If, during the preparation or conduct of joint anti-terrorist activities, the interests of a Party that does not participate in them are affected, then, at its request, the decision on these activities is taken by the Council of Heads of State of the Commonwealth of Independent States. 2.4. Based on the decision referred to in paragraph 2.3, the competent authority of the requesting Party shall send a request for assistance to the competent authority of the requested Party and notify the Center thereof. The request shall be sent in writing, including using technical means of text transmission. The request is signed by the head of the competent authority of the requesting Party or a person acting in his place, and is certified by the stamp of that authority. If there is doubt about the authenticity or content of the request, the requested Party may request additional confirmation. 2.5. The submitted request must contain: the names of the competent authority of the requesting Party and the competent authority of the requested Party; a statement of the substance of the case, the purpose and justification of the request; a description of the content of the requested assistance; information on the methods and conditions for the delivery of a special anti-terrorist unit of the requested Party to the place of a joint anti-terrorist event and its return to the host country, including information on the place, time and procedure for crossing the state border of the requesting Party; other information that may be useful for the proper execution of the request. 2.6. The requesting Party creates the necessary conditions for the delivery of personnel, special equipment and supplies for special anti-terrorist formations to the venue of a joint anti-terrorist event. Accommodation, food, transportation, medical care, and use of communications, including special ones, are provided at the expense of the requesting Party. 2.7. The transfer of a special anti-terrorist unit or its individual members to the territory of the requesting Party is carried out on the basis of a special permit and under the supervision of the head of the competent authority of the requesting Party. The movement of a special anti-terrorist unit or its individual members across the territory of the requesting Party is carried out under the supervision of an official representative of the competent authority of the requesting Party. 2.8. In order to increase the effectiveness and efficiency of joint anti-terrorist measures, the Parties ensure the accelerated implementation of procedures established by national legislation when special anti-terrorist formations cross the state border. 2.9. The head of the special anti-terrorist formation shall present at the state border checkpoint a personal list of personnel and a list of special means and support materials certified by the competent authorities of the requested Party, and all participants in the formation shall present identification documents. 2.10. Special means and materials for the provision of a special anti-terrorist formation of the requested Party, following to the place of a joint anti-terrorist event and back, are exempt by the Parties from customs and other fees and payments.

 3. The procedure for conducting joint anti-terrorist activities

3.1. A management body shall be established by the requesting Party for the direct management of special anti-terrorist formations during joint anti-terrorist activities. The head of the management body is appointed by the requesting Party. The structure of the governing body, the tasks and functions of its divisions are determined by the head of the governing body, depending on the objectives of joint anti-terrorist activities. The office work in the management body is conducted in Russian. The management of the governing body includes the heads of special anti-terrorist formations participating in joint anti-terrorist activities, representatives of the competent authorities of the Parties and the Center. By decision of the Council of Heads of State of the Commonwealth of Independent States, and if necessary, by decision of the heads of the CIS member States concerned, the management of joint anti-terrorist activities may be entrusted to the Center. In such cases, the management body is created by the Head of the Center. 3.2. Persons involved in conducting a joint anti-terrorist operation are subordinate to the head of the management body. 3.3. Head of the management body: directs the preparation and conduct of a joint anti-terrorist event; decides on the use of forces and means involved in conducting a joint anti-terrorist event, their use of special means and support materials; appoints officials of the governing body; approves the plan for conducting a joint anti-terrorist event; allows persons to negotiate with terrorists; informs the heads of state authorities of the requesting Party and the media about the progress and results of joint anti-terrorist activities and the extent of the consequences of a terrorist act; makes a proposal to the requesting Party on the end of a joint anti-terrorist event and submits to the competent authorities of the Parties a report on the results of its conduct. 3.4. Interference in the management of joint anti-terrorist activities is allowed only on the instructions of the head of the requesting State. 3.5. The main tasks of the governing body in the course of joint anti-terrorist activities are: collecting information about the situation, evaluating, summarizing and analyzing information, bringing it to the attention of special anti-terrorist formations and other units involved in a joint anti-terrorist operation, preparing proposals for decision-making by the head of the management body; development of a plan for conducting a joint anti-terrorist event; organization of the preparation and use of the forces involved, special means and support materials, taking measures to prevent possible negative consequences; development of negotiation tactics and organization of their conduct with persons who are the objects of a joint anti-terrorist event (if necessary); interaction with state authorities and local governments; ensuring the conduct of operational search activities and investigative actions; summarizing the results of the activities carried out. 3.6. The decision on the procedure for conducting a joint anti-terrorist operation, including the use of forces, special means and support materials, is made by the head of the management body in coordination with the head of the special anti-terrorist formation of the requested Party. The decision is made by a written order of the head of the management body. If the opinion of the head of the special anti-terrorist unit of the requested Party is not taken into account, he has the right, in agreement with the competent authority of the requested Party, to refuse to participate in the event of the unit headed by him. The decision to refuse the participation of a special anti-terrorist formation of the requested Party in a joint anti-terrorist event is submitted by the head of the formation to the head of the governing body in writing. 3.7. In the event of a threat to the security of a Commonwealth State bordering the requesting Party, the governing body informs the competent authorities of that State about the nature and scale of the threat, as well as develops proposals for its localization. 3.8. When conducting joint anti-terrorist activities, informing the public about terrorist acts is carried out in the forms and scope determined by the head of the governing body or his representative responsible for maintaining public relations, in accordance with the national legislation of the requesting Party. 3.9. It is prohibited to disseminate information aimed at promoting and justifying terrorism and extremism, as well as: about members of special anti-terrorist formations, officials of the governing body and persons assisting in conducting joint anti-terrorist activities; disclosing special techniques and tactics for conducting joint anti-terrorist activities; about the characteristics of forces, special equipment and support materials used when conducting a joint anti-terrorist event; capable of complicating the conduct of a joint anti-terrorist operation and endangering human life and health.

 4. The procedure for completing joint anti-terrorist activities and resolving disputes

4.1. The decision on the completion of joint anti-terrorist activities and the abolition of the governing body shall be taken by the requesting Party in consultation with the requested Party, as well as with the Center in cases where the management of joint anti-terrorist activities has been entrusted to the Center. The requesting Party informs the Council of Heads of State of the CIS about the completion of joint anti-terrorist measures. The head of the governing body issues an order on the completion of joint anti-terrorist measures and the abolition of the governing body. The plan and deadlines for the withdrawal of special anti-terrorist units from the territory of the requesting Party are determined and approved by the competent authority of the requesting Party in consultation with the competent authority of the requested Party. 4.2. The requesting Party shall ensure the dispatch of personnel, special equipment and materials for the provision of special anti-terrorist formations of the requested Party. Unused special means and materials to support the special anti-terrorist formation of the requested Party must be removed by it after the end of the joint anti-terrorist operation from the territory of the requesting Party. If, due to special circumstances, it is not possible to remove special means and security materials, the requested Party may transfer them to the requesting Party on the basis of mutual agreement. 4.3. The requesting Party waives any claims against the requested Party participating in joint anti-terrorist activities, including with respect to compensation for damage caused to individuals or legal entities located on the territory of the requesting Party (hereinafter referred to as harm) if it is caused while performing tasks assigned by the governing body. If participants in a joint anti-terrorist operation of the requested Party, while performing tasks assigned by the governing body in the territory of the requesting Party, cause harm, it shall be reimbursed by the requesting Party in accordance with national legislation that would apply in the event of harm caused by participants in anti-terrorist formations of the requesting Party under similar circumstances. 4.4. The procedure for reimbursement of expenses incurred by the requested Party, including expenses related to the loss, complete or partial destruction of imported special equipment and support materials, is established by agreement between the Parties concerned. 4.5. If one of the Parties considers the harm caused by the actions of the special anti-terrorist unit to be inadequate to the tasks set by the governing body, the disagreements that have arisen shall be resolved by the Parties concerned through consultations and negotiations. 4.6. The damage caused by the participants of the special anti-terrorist formations of the requested Party in the territory of the requesting Party in cases not provided for in paragraph 4.3 of these Regulations shall be compensated by agreement between the Parties concerned.

 5. Legal status of participants in joint anti-terrorist activities

5.1. When conducting joint anti-terrorist activities, the requesting Party shall reimburse participants in joint anti-terrorist activities and their family members for expenses related to injury, injury or death, in accordance with the procedure and amounts provided for by the legislation of the requesting Party. At the same time, participants in joint anti-terrorist activities of the requested Party and their family members retain the full benefits, guarantees and compensations established by its legislation. This procedure is applied if such harm was caused during the stay of participants in joint anti-terrorist activities in the territory of the requesting Party. 5.2. Each Party shall respect the legal status of participants in joint anti-terrorist activities and ensure their full civil rights and freedoms in accordance with generally recognized norms of international law. 5.3. In matters of jurisdiction related to the temporary stay of special anti-terrorist units on the territory of the requesting Party, the Parties will be guided by the following principles: if a participant in a joint anti-terrorist operation commits an offense, he is responsible in accordance with the legislation of the requested Party.; Each of the Parties undertakes to pursue, in accordance with national legislation, the prosecution of participants in joint anti-terrorist activities, members of its special anti-terrorist formations and suspects (accused) of committing crimes against the other Party or Parties; in carrying out procedural actions, as well as in providing legal assistance, the Parties are guided by national legislation and assumed international obligations.

I hereby certify that this text is a true copy from a certified copy of the Regulations on the Organization and Conduct of Joint Anti-Terrorist Activities in the Territories of the member States of the Commonwealth of Independent States dated October 7, 2002.

Advisor to the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

 Special opinion The Republic of Azerbaijan

to the Protocol on the Approval of the Regulations on the Organization and Conduct of Joint anti-terrorist Activities in the Territories of the Member States of the Commonwealth of Independent States. The Republic of Azerbaijan may participate in the implementation of the Regulation "On the procedure for Organizing and conducting joint anti-terrorist activities in the Territories of the Member States of the Commonwealth of Independent States" only within the framework of information, analytical and advisory support for requests from the competent authorities of the States in whose territory these activities are conducted, and in strict accordance with the national legislation of the Republic of Azerbaijan.

President of the Republic of Azerbaijan

 Georgia's reservation to the draft Protocol on the Approval of the Regulation on the Organization and Conduct of Joint Anti-Terrorist Activities in the Territories of the Participating States The Commonwealth of Independent States

Georgia generally supports the project, taking into account the following comments and suggestions: - in the first paragraph of paragraph 4.1, the words "... as agreed..." replace with the words "... upon notification ..." and thus complete the paragraph; - in the second paragraph of paragraph 5.3, instead of the words "...requested..."include the word."..requesting...".

 Reservations of the Russian Federation to the Protocol on Approval Regulations on the procedure for organizing and conducting joint anti-terrorist activities in the territories of the Commonwealth member States Independent States

When applying the Regulations approved by this Protocol on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the member States of the Commonwealth of Independent States, the Russian Federation will proceed from the following: 1. The legislation of the Party in whose territory these events are held does not apply to military personnel and other persons who are part of special anti-terrorist formations of the Russian Side and participate in joint anti-terrorist activities in the territories of the member States of the Commonwealth of Independent States. In any case, they are under the jurisdiction of the Russian Federation. 2. Special means and materials for the provision of special anti-terrorist formations of the Russian Side are the property of the Russian Federation and cannot be retained and (or) alienated in any form by the requesting Party. 3. The requesting Party, requesting the Russian Side to carry out joint anti-terrorist measures, thereby recognizes these reservations as a binding integral part of the Protocol.

President of the Russian Federation

Head of Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases