On the Ratification of the Agreement between the Governments of the Member States of the Shanghai Cooperation Organization on Cooperation in Providing Assistance in Emergency Response

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Law of the Republic of Kazakhstan dated May 29, 2007 No. 257

 To ratify the Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation in Emergency Response Assistance, signed in Moscow on October 26, 2005.

President of the Republic of Kazakhstan

 AGREEMENT between the Governments of the Member States of the Shanghai Cooperation Organization on Cooperation in Emergency Response Assistance

The Governments of the member States of the Shanghai Cooperation Organization, which are parties to this Agreement (hereinafter referred to as - The Parties), aware of the danger posed by emergencies, recognizing that cooperation in the field of emergency prevention and response will contribute to the well-being and security of the member States of the Shanghai Cooperation Organization, based on the interdependence of the environmental systems of the member States of the Shanghai Cooperation Organization, requiring a coordinated policy for the prevention and response of emergencies, as well as the organization environmental monitoring, Taking into account the possibility of emergency situations that cannot be eliminated by the forces and means of one of the Parties, as well as the resulting need for coordinated actions by the Parties to prevent and eliminate emergency situations, desiring to extend the principles of regional cooperation to emergency assistance and making joint efforts to ensure effective and coordinated assistance to the affected population, Supporting the efforts of the United Nations and other international organizations to provide international assistance in emergency situations, based on the principles of humanism, agreed on the following:

 Article 1 Definitions

The concepts used in this Agreement have the following meanings:

"Requesting Party" means a Party that requests other Parties to send teams to provide assistance, equipment and supplies.;

"Providing Party" - A Party that satisfies the request of the requesting Party to send teams to provide assistance, equipment and supplies;

"competent authority" is a government agency appointed by each of the Parties to manage and coordinate the work related to the implementation of this Agreement.;

"assistance group" is an organized group of specialists (if necessary, with a canine group) of the providing Party, designed to assist in emergency situations and provided with the necessary equipment, which, with the consent of the requesting Party, may include military personnel.;

"emergency situation" is the situation in a certain territory that has developed as a result of an accident, dangerous natural phenomenon, disaster, natural disaster or other disaster that may or may not result in human casualties, damage to human health or the environment, significant material losses and disruption of people's living conditions.;

"emergency response" means emergency rescue and other urgent work carried out in the event of an emergency and aimed at saving lives and preserving human health, reducing environmental damage and material losses, as well as localizing the emergency zone and ending the effects of its characteristic hazards.;

"emergency prevention" is a set of measures carried out in advance and aimed at minimizing the risk of emergencies as much as possible, as well as preserving human health, reducing environmental damage and material losses in case of their occurrence.;

"emergency zone" - the territory of the requesting Party's State in which an emergency situation has developed;

"emergency rescue operations" are actions aimed at saving people, material and cultural assets, protecting the natural environment in an emergency zone, localizing an emergency situation and suppressing or reducing to the lowest possible level the impact of its characteristic hazards;

"equipment" means materials, technical and transport equipment, aid group equipment and personal equipment of group members intended for emergency response, with the exception of weapons and ammunition.;

"support materials" are material resources intended for distribution to the population affected by an emergency situation.;

"transit State" means a State whose Government is a party to this Agreement, with the exception of the States of the providing and requesting Parties, through whose territory assistance teams, equipment and support materials are transported.;

"Third States" are States that are not parties to this Agreement and are officially recognized by all member States of the Shanghai Cooperation Organization.

 Article 2 Principles and forms of cooperation

1. The Parties shall cooperate in accordance with the provisions of this Agreement in compliance with generally recognized principles and norms of international law, as well as the legislation of the States of the Parties, in order to provide immediate assistance in emergency situations. 2. In the event of an emergency situation or a threat of its occurrence on the territory of the State of one of the Parties, this Party may request assistance from the other Party or Parties. 3. The parties provide assistance to each other in accordance with their capabilities and on a voluntary basis. The terms of assistance are determined by agreement of the Parties. 4. The requesting Party shall ensure the fair and rational distribution of security materials among the affected population without any discrimination based on race, nationality, religion, language or other grounds. The requesting Party shall inform the providing Party of the intended use of the security materials received as assistance. 5. The parties will develop mutually beneficial cooperation in the field of emergency prevention by planning joint actions in case of emergencies, monitoring the environment, exchanging information and training specialists. 6. Information obtained as a result of activities carried out under this Agreement, with the exception of information that is not subject to disclosure in accordance with the laws of the States of the Parties, shall be published and used on the basis of the usual practices and regulations of each of the Parties, unless otherwise previously agreed in writing by the competent authorities of the States of the Parties.

 Article 3 Requests for assistance and exchange of information

1. The authorities sending requests for assistance are the Parties. 2. Assistance is provided on the basis of a written request, in which the requesting Party indicates the place, time, nature, scale and state of emergency situations at the moment, as well as the priorities of the requested assistance. 3. The providing Party reviews the request of the requesting Party as soon as possible and informs it about the types and scope, as well as the conditions for providing assistance. If it is impossible to provide assistance, information about it is immediately sent to the requesting Party. 4. Each of the Parties shall take all necessary measures to prevent the spread of an emergency situation that has arisen on the territory of its State to the territory of the States of the other Parties. In the event of a threat of such proliferation and the impossibility of preventing it by its own efforts, this Party shall immediately inform other interested Parties about it and, if necessary, in accordance with this Agreement, may send a request for assistance. 5. The data referred to in paragraph 2 of this article is constantly updated to reflect the latest developments and changes in the operational situation in the emergency zone.

 Article 4 Types of assistance

Emergency response assistance is provided by sending assistance teams, support materials, or in any other requested form.

 Article 5 Competent authorities and points of contact

1. Each of the Parties appoints a competent authority to direct, coordinate and carry out work related to the implementation of the provisions of this Agreement. 2. The Parties shall inform the depositary of this Agreement through diplomatic channels in writing about the designated competent authority. The Depositary shall transmit this information to the other Parties. 3. To organize cooperation on issues related to the implementation of the provisions of this Agreement, the competent authorities of the Parties will establish direct contacts among themselves. 4. In case of appointment of other competent authorities, the Parties shall notify the depositary through diplomatic channels, who shall communicate this information to each of the Parties. 5. The competent authorities of the Parties shall identify points of contact for the prompt exchange of information within the framework of this Agreement and inform each other about them through diplomatic channels.

 Article 6 Management of emergency response teams

1. The general management of the assistance teams is carried out by the competent authority of the requesting Party through the heads of these groups. 2. The requesting Party informs the heads of the assistance teams about the situation in the emergency zone at specific work sites, and, if necessary, provides these groups with interpreters, communications, transport, security and medical personnel free of charge. maintenance. 3. The equipment of the relief teams should be sufficient to carry out autonomous rescue and other emergency operations in the emergency zone for at least 72 hours. Upon completion of the inventory, the requesting Party shall provide the specified assistance teams with the necessary means to continue their work, unless otherwise agreed by the Parties additionally. 4. Upon completion of the work, the head of the assistance team submits a report to the competent authority of the requesting Party on the actions of his group aimed at eliminating the emergency situation and the results of its work.

 Article 7 Conditions of crossing the State border by aid groups and the regime of their stay in the territories of the transit States and the requesting Party

1. Members of assistance teams cross the State border of the requesting Party or the transit State using valid documents recognized by the requesting Party and the transit State through checkpoints agreed by the Parties that are open to international traffic. If necessary, the requesting Party and the Party of the transit State shall ensure that entry visas are issued to them in a timely manner. The team leader must have a list of the members of the assistance team and a document issued by the competent authority of the providing Party confirming his authority. 2. The procedure for crossing the state border by canine groups and the procedure for their stay in the territories of the transit States and the requesting Party shall be determined in accordance with the quarantine rules in force in the territory of the requesting State. 3. The members of the assistance teams are obliged to comply with the laws of these States during their stay in the territories of the transit States and the requesting Party and the transit States. At the same time, they are under the jurisdiction of the State of the providing Party in terms of legislation in the field of insurance and labor legislation, as well as related issues. 4. The movement of aid groups and the transportation of their equipment and support materials are carried out by road, rail, water or air transport. 5. The procedure for using transport to move aid groups, their equipment and support materials is determined by the competent authorities of the providing and requesting Parties.

 Article 8 Transit

1. The Parties, in accordance with the legislation of their States, shall facilitate the unhindered transit through the territories of their States of assistance groups, equipment and support materials of the providing Parties following emergency response in the territory of the requesting State. 2. The provisions of paragraph 1 of this Article shall be applied by agreement between the Parties concerned in each specific case with respect to the transit through the territories of their States of aid groups, equipment and support materials of the Parties following to eliminate emergency situations in the territory of third States.

 Article 9 Import, export and transit of equipment and support materials for emergency response

1. Equipment and support materials are exported from the territory of the State of the providing Party in accordance with the legislation of the State of the providing Party. Equipment and support materials are imported into the territory of the requesting Party's State in accordance with the legislation of the requesting Party's State. Their use is allowed only for the purpose of providing assistance in emergency situations and to ensure the vital activity of relief groups. 2. Customs clearance of equipment and support materials is carried out in a simplified form and on a priority basis on the basis of notifications issued by the competent authorities of the Parties, which indicate the composition of the assistance teams, the list of imported or exported equipment and support materials. 3. Assistance teams are allowed to enter the territory of the requesting State and to transport through the territories of transit States only the equipment and support materials specified in the lists referred to in paragraph 2 of this Article. 4. If it is necessary to provide emergency medical care to victims, the necessary amount of medicines containing narcotic drugs and psychotropic substances may be imported into the territory of the requesting Party's State in agreement with it and in accordance with the legislation of the requesting Party's State. In this case, the head of the assistance team shall present to the customs authorities of the providing and requesting Parties a declaration on the availability of medicines containing narcotic drugs and psychotropic substances, indicating their nomenclature and quantity. 5. Medical preparations containing narcotic drugs and psychotropic substances may be used only by qualified medical personnel of the providing Party. The relevant officials of the requesting Party have the right to control the use and storage of the specified medical preparations containing narcotic drugs and psychotropic substances. 6. Unused medicines containing narcotic drugs and psychotropic substances must be exported from the territory of the requesting State on the basis of documents confirming the nomenclature and quantity of these drugs. For spent medicines containing narcotic drugs and psychotropic substances, the customs authorities of the requesting Party shall be provided with an act on their use, signed by the head and doctor of the assistance team and certified by a representative of the competent authority of the requesting Party. 7. After completion of the assistance work, the equipment imported into the territory of the requesting Party's State (with the exception of fully consumed or destroyed equipment) must be exported to the territory of the providing Party's State within the time limits agreed upon by the competent authorities of the Parties. The fact of destruction or complete consumption of equipment and distribution of support materials among the affected population must be documented.

 Article 10 Use of aircraft

1. The competent authority of the providing Party shall send an application in advance through diplomatic channels, informing the requesting Party and the transit State of the decision to use aircraft for assistance, indicating for each aircraft the nationality, carrier of the providing Party, type, model and number, identification marks, call signs and flight type of aircraft, the number of members of the assistance team., the name and position of its head, the number, names and positions of crew members, the nature of the cargo, take-off and landing airports, the final destination of the flight, the route, alternate airports, air corridors, flight altitude, take-off and landing time, frequencies of communication channels with ground services, and the worst weather conditions allowed for this flight. 2. With the permission of the requesting Party and the States of transit, aircraft used to provide assistance fly to a specific point on the territory of the requesting State along an approved route. The requesting Party and the transit State shall ensure the conditions for the flight of an aircraft used for assistance through the territory of their State, as well as its landing and take-off. 3. Flights of aircraft used to provide assistance are carried out in accordance with the rules established by the International Civil Aviation Organization and each of the Parties.

 Article 11 Assistance costs

1. By the decision of the providing Party, assistance may be provided free of charge. Otherwise, the requesting Party will reimburse the providing Party for the costs associated with providing assistance. 2. The requesting Party may cancel its request for assistance at any time, but in this case, the providing Party has the right to receive reimbursement for the assistance costs incurred by it, unless otherwise agreed by the Parties. 3. Reimbursement of the expenses referred to in paragraphs 1 and 2 of this Article shall be made in freely convertible currency on the basis of a bilateral act on financial expenses for the provision of assistance, signed by the competent authorities of the Parties, within ten days after the requesting Party receives a request from the providing Party, unless the Parties have agreed otherwise. 4. The providing Party, in accordance with the legislation of its State, insures the members of the assistance teams.

 Article 12 Compensation for damage

1. The requesting Party shall bear the medical and transportation costs associated with the injury or death of members of the relief team, if this happened while performing emergency response tasks for the implementation of this Agreement. 2. If a member of the assistance team in performing tasks related to the implementation of this Agreement in the territory of the requesting Party's State causes harm to a legal entity or individual, the requesting Party shall compensate the damage in accordance with the legislation of its State. 3. The damage caused intentionally by a member of the group is subject to compensation by the providing Party in accordance with the legislation of the requesting State.

 Article 13 Relation to other international treaties

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

 Article 14 Settlement of disputes

Disagreements regarding the interpretation or application of the provisions of this Agreement are resolved through consultations or negotiations.

 Article 15 Amendments and additions

This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized by separate protocols that are an integral part of it and enter into force in accordance with the procedure provided for in Article 16 of this Agreement.

 Article 16 Entry into force and duration of the Agreement

1. This Agreement is concluded for an indefinite period. 2. This Agreement shall enter into force on the 30th day after the date of deposit of the fourth notification to the depositary on the completion by the Parties of the internal procedures necessary for its entry into force. 3. For a Party that has signed this Agreement and has submitted a notification on the completion of the internal procedures necessary for its entry into force, after the date specified in paragraph 2 of this Article, the Agreement shall enter into force on the day it deposits with the depositary a notification on the completion of internal procedures necessary for the entry into force of the Agreement.

 Article 17 The Depositary

The depositary of this Agreement is the Secretariat of the Shanghai Cooperation Organization, which will send certified copies to all Parties within 15 days after signing this Agreement.

 Article 18 Accession

This Agreement is open for accession by any State that has become a member of the Shanghai Cooperation Organization. For the acceding State, this Agreement shall enter into force on the 30th day after the date of receipt by the depositary of the instrument of accession, but not earlier than the date specified in paragraph 2 of Article 16. The Depositary shall notify all Parties of the entry into force of the Agreement for the acceding State.

 Article 19 Withdrawal from the Agreement

1. Each of the Parties may withdraw from this Agreement by sending a written notification to the depositary at least 3 months before the expected withdrawal date. The Depositary shall notify the other Parties of this intention within 30 days from the date of receipt of the withdrawal notification. 2. The termination of this Agreement does not affect the activities carried out in accordance with it, which were initiated but not completed before the termination of its validity, unless the Parties agree otherwise.

Done in Moscow on October 26, 2005, in a single copy in the Russian and Chinese languages, both texts being equally authentic.

For the Government of the Republic of Kazakhstan

For the Government of the People's Republic of China

For the Government of the Kyrgyz Republic

For the Government of the Russian Federation

For the Government of the Republic of Tajikistan

For the Government of the Republic of Uzbekistan

The RCPI's note. The following is the text of the Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation in Emergency Response Assistance in Chinese.

President

Republic of Kazakhstan

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