On the ratification of the Agreement on Ensuring the Protection of Classified Information within the framework of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization

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The Law of the Republic of Kazakhstan dated December 15, 2005 No. 103

To ratify the Agreement on Ensuring the Protection of Classified Information within the framework of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, signed in Tashkent on June 17, 2004.

President of the Republic of Kazakhstan

 AGREEMENT on ensuring the protection of Classified Information within the framework of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization

Officially certified text

The Republic of Kazakhstan, the People's Republic of China, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan (hereinafter - States) and the Shanghai Cooperation Organization, hereinafter referred to as the Parties, striving to ensure the protection of classified information during cooperation between the Parties, taking into account the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001 and the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of June 7, 2002, agreed about the following:

 Article 1

For the purposes of this Agreement, the terms used mean: 1) "state secret" (state secrets) - information expressed in any form, protected by States in accordance with national legislation, the unauthorized dissemination of which may harm the security and interests of States; 2) "classified information" means information received (transmitted) and (or) created (formed) in the course of cooperation between the Parties, expressed in any form, protected by states in accordance with national legislation as a state secret (state secrets), and in the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization - in accordance with the rules for dealing with classified information; 3) "carriers of classified information" (state secrets (state secrets)) - material objects, including physical fields, in which classified information is displayed in the form of symbols, images, signals, technical solutions and processes; 4) "protection of classified information" - legal, administrative, organizational, engineering, technical and other measures taken to prevent unauthorized dissemination of classified information and the safety of its media; 5) "unauthorized dissemination of classified information" - disclosure of classified information or violation of the established procedure (rules) for the dissemination of such information, as a result of which it becomes known to persons who do not have access to it; 6) "security stamp" - a prop affixed to a carrier of classified information (state secrets (state secrets)) and (or) indicated in the accompanying documentation for it, indicating the degree of secrecy of the information contained in their carrier; 7) "admission to state secrets" (state secrets) - the procedure for registration of the right of individuals to access state secrets (state secrets); 8) "access to classified information" is the process of familiarizing an individual with classified information who has the appropriate access to state secrets (state secrets); 9) "admission form" is a document drawn up in accordance with the national legislation of states, which establishes the right of an individual to become familiar with state secrets (state secrets) of appropriate degrees of secrecy.; 10) "investigation" means a set of disciplinary, administrative, criminal procedural and other measures taken by a Party in accordance with national legislation or adopted procedures in order to identify the circumstances of the unauthorized dissemination of classified information, the persons involved, the nature and extent of the damage caused, as well as the causes and conditions that contributed to the unauthorized dissemination of classified information; 11) "representatives of the Parties" - officials and (or) other authorized persons of the bodies or organizations of the Parties.

 Article 2

1. The subject of this Agreement is the cooperation of the competent authorities of the Parties in the field of protection of classified information and in the investigation of possible facts of its unauthorized dissemination. 2. The transfer of classified information between the competent authorities of the Parties may be carried out directly, through diplomatic channels, by a courier service or using technical means of transmitting information that ensure the protection of the transmitted information.

 Article 3

1. Each State shall carry out its obligations under this Agreement in accordance with the principles of sovereign equality, non-interference in the internal affairs of other States, national legislation and this Agreement. 2. Nothing in this Agreement grants the Parties the right to exercise jurisdiction and functions that fall solely within the competence of the other Party.

 Article 4

1. The transfer of exclusive ownership rights to the results of intellectual activity containing classified information and ownership rights to the media of such information is carried out by the competent authority of the transferring Party. 2. The issue of exclusive rights to intellectual property results created in the course of cooperation between the competent authorities of the Parties containing classified information, as well as the procedure for settling claims for possible damage in the event of unauthorized dissemination of classified information during cooperation, is resolved on the basis of national legislation of the States, procedures of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization and international treaties.

 Article 5

The degrees of secrecy of classified information that may be exchanged by the competent authorities of the Parties under this Agreement and the corresponding degrees of secrecy for its carriers are compared as follows: in the Republic of Kazakhstan - top secret, secret; in the People's Republic of China - top secret, confidential; in the Kyrgyz Republic - top secret, secret; in the Russian Federation - top secret, secret; in the Republic of Tajikistan - top secret, secret; In the Republic of Uzbekistan, it is top secret; in the Shanghai Cooperation Organization, it is top secret.

 Article 6

1. States shall identify the competent authorities responsible for the implementation of this Agreement and notify the depositary in writing within 30 days from the date of completion of the internal procedures necessary for the entry into force of this Agreement. 2. On the part of the Shanghai Cooperation Organization, the competent authority is the Regional Anti-Terrorism Structure of the Shanghai Cooperation Organization.

 Article 7

The competent authorities of the Parties shall ensure the protection of classified information used in the course of cooperation in accordance with the procedure provided for by national legislation, the rules for handling classified information in the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, adopted by the Council of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, and this Agreement.

 Article 8

1. The Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization appoints specially authorized persons responsible for the protection of classified information, who receive, store, replicate, familiarize, transmit and destroy classified information carriers, and monitor their use. 2. Secret office work in the states is conducted in accordance with national legislation, and in the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization in accordance with the rules for handling classified information.

 Article 9

1. Each State and the Shanghai Cooperation Organization shall adopt, respectively, such legislative and other measures, as well as rules, in order to: apply to classified information of the appropriate degree of secrecy the same protection measures that are applied to state secrets (state secrets) with a comparable degree of secrecy in accordance with Article 5 of this Agreement; recognize admissions to state secrets (state secrets) issued by other States; to impose on the representatives of the Parties the same obligations to ensure the protection of classified information as are imposed on them when protecting state secrets (state secrets); to provide representatives of the Parties with access to state secrets (state secrets), issued in the Member States of which they are citizens, access to classified information for the purpose of performing official duties within the framework of cooperation between the Parties; to use secret information received from the other Party exclusively for the purposes stipulated in its transfer; not to provide a third party with access to classified information without the prior written consent of the Party who transmitted it. 2. Each State shall take, in accordance with the fundamental principles of national legislation, such legislative and other measures as may be necessary to criminalize the intentional unauthorized dissemination of classified information, which has entailed grave consequences.

 Article 10

1. Each State shall issue to persons sent by it to the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization for permanent work related to the use of classified information an appropriate form of access to state secrets (state secrets) and inform the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization in writing. Persons sent for a one-time visit, if necessary, must have an appropriate form of access to state secrets (state secrets). 2. The Executive Committee of the Regional Anti-Terrorism Structure of the Shanghai Cooperation Organization informs the States that their officials have an appropriate form of access to state secrets (state secrets).

 Article 11

The transfer of classified information by States is carried out in accordance with national legislation, and by the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization in accordance with the rules for handling classified information.

 Article 12

1. The competent authority responsible for receiving classified information shall additionally stamp the comparability of the secrecy labels on the received media, in accordance with Article 5 of this Agreement. The obligation to stamp the comparability of secrecy labels applies to secret information carriers formed as a result of translation, copying or replication. If classified information is transferred or copied to another medium, it is stamped with a comparability stamp corresponding to the secrecy stamp of the original. On the carrier of classified information formed on the basis of the transmitted classified information, a stamp on the comparability of the secrecy stamp is not lower than the secrecy stamp of the transmitted classified information. The carriers of classified information are accounted for, stored and destroyed by the competent authorities of the states in accordance with the requirements applicable to their own carriers of state secrets (state secrets) having a comparable secrecy rating in accordance with Article 5 of this Agreement, and the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization in accordance with the rules for handling classified information. 2. The degree of secrecy of the received classified information may be changed or removed only with the written permission of the competent authority of the transferring Party. 3. The degree of secrecy of classified information contained in the results of intellectual activity created in the course of cooperation between the competent authorities of the Parties is determined by the holder of exclusive rights to the created results of intellectual activity, on the basis of his national legislation or in accordance with the rules for handling classified information. 4. The competent authority of the transferring Party is notified about the destruction of classified information carriers.

 Article 13

1. The competent authorities shall exchange relevant regulatory legal acts and other acts and procedures of their Parties in the field of protection of state secrets (state secrets) and classified information to the extent necessary for the implementation of this Agreement. 2. In order to ensure cooperation, the competent authorities of the Parties in the implementation of this Agreement shall hold joint consultations at the request of one of them.

 Article 14

1. Visits by representatives of the sending Party to the competent authority of the receiving Party, providing for their access to classified information, are carried out by decision of the competent authority of the receiving Party, adopted in accordance with the national legislation or procedures of the Parties and this Agreement. 2. An application regarding the possibility of a visit by representatives of the sending Party shall be transmitted to the competent authority of the receiving Party no later than 30 days before the intended visit, unless the competent authorities have agreed otherwise. The specified request is drawn up in accordance with the legislation or procedures adopted in the receiving Party, and must contain the following information: the surname, first name and patronymic of the representative of the Party, his nationality, the number of the identity document (passport); the name of the body represented by him with an indication of the position; access to state secrets (state secrets) of the appropriate degree of secrecy; classified information to be reviewed; estimated date, planned duration and purpose of the visit. 3. The competent authority of the receiving Party shall acquaint the representatives of the sending Party with the rules for handling classified information (state secrets)). the appropriate degree of secrecy of the receiving Party. Representatives of the sending Party comply with these rules. Representatives of the sending Party shall certify in writing that they have become familiar with the rules for handling classified information (state secrets)). the appropriate degree of secrecy of the receiving Party and the obligation to comply with them. 4. Access to classified information (State secrets (state secrets)) the representative of the sending Party is carried out only if the conditions specified in this article are fulfilled.

 Article 15

1. States shall independently bear all costs incurred in their territories in connection with the implementation of measures to protect classified information, unless otherwise provided by the relevant agreement. 2. The costs of ensuring the protection of classified information in the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization are carried out from the budget of the Shanghai Cooperation Organization.

 Article 16

1. If the fact of unauthorized dissemination of classified information is revealed, the Parties shall consult, conduct the proceedings and inform each other of its results. 2. A person who has allowed the unauthorized dissemination of classified information, in any case of such violation, is under the jurisdiction of the State of which he is a national. If this person is a stateless person, then he is under the jurisdiction of the State in whose territory he permanently resides. 3. When investigating the facts of unauthorized dissemination of classified information, States apply national legislation, and the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization applies its disciplinary procedures. 4. States, in accordance with the procedure provided for by national legislation and international treaties existing between them on legal assistance, extradition and mutual transfer of criminal proceedings, provide each other with the widest possible assistance in the investigation, prosecution and judicial proceedings in connection with the unauthorized dissemination of classified information. The regional Anti-Terrorist Structure of the Shanghai Cooperation Organization, in accordance with accepted procedures, provides the widest possible assistance to the State conducting the investigation. 5. The amount and procedure for compensation of damage caused to the holder of ownership rights to classified information by its unauthorized dissemination shall be determined by a separate agreement between the Parties.

 Article 17

This Agreement does not limit the rights of the Parties to conclude other international agreements on issues that are the subject of this Agreement and do not contradict its objectives, nor does it affect the rights and obligations of the Parties arising from other international agreements to which they are parties.

 Article 18

Disputes regarding the interpretation or application of this Agreement are resolved through negotiations or consultations between the Parties.

 Article 19

The working languages for cooperation under this Agreement are Russian and Chinese.

 Article 20

With the consent of the Parties, amendments may be made to this Agreement in the form of protocols, which are integral parts of this Agreement and enter into force in accordance with the procedure established by Article 21 of this Agreement.

 Article 21

1. This Agreement shall enter into force on the 30th day after the date of receipt by the depositary of the last of the written notifications from the States on their completion of the internal procedures necessary for the entry into force of this Agreement. 2. The Secretariat of the Shanghai Cooperation Organization is the depositary of this Agreement. Certified copies of this Agreement shall be sent by the depositary to the States within 15 days from the date of its signing. 3. The depositary, within 15 days from the date of receipt of the notification from the State of the designated competent authority referred to in paragraph 1 of Article 6 of this Agreement, shall inform other States of its name.

 Article 22

This Agreement is open for accession by other 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 30th day after the date of receipt by the depositary of the instrument of its accession.

 Article 23

This Agreement is open-ended, unless the States agree otherwise. In the event of termination of this Agreement, its provisions shall continue to apply to classified information until it is de-classified.

Done in Tashkent on June 17, 2004, in one original copy in the Chinese and Russian languages, both texts being equally authentic.

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

For the Shanghai Cooperation Organization

President

Republic of Kazakhstan

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