On approval of the Memorandum of Obligations of the Islamic Republic of Pakistan in order to obtain the status of a Member State of the Shanghai Cooperation Organization

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Decree of the President of the Republic of Kazakhstan dated February 21, 2017 No. 434.

In accordance with subparagraph 1) of Article 15 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached Memorandum on the Obligations of the Islamic Republic of Pakistan in order to obtain the status of a member State of the Shanghai Cooperation Organization, signed in Tashkent on June 24, 2016.

2. This Decree shall enter into force from the date of its signing.

President

Republic of Kazakhstan

N.Nazarbayev

Approved by Decree of the President of the Republic of Kazakhstan on February 21, 2017 No. 434

Memorandum of Commitment of the Islamic Republic of Pakistan in order to obtain the status of a member State of the Shanghai Cooperation Organization

(Entered into force on March 25, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 2, art. 24)

The member States of the Shanghai Cooperation Organization, the Shanghai Cooperation Organization (hereinafter referred to as the SCO or the Organization), and the Islamic Republic of Pakistan, hereinafter referred to as the Parties,

Reaffirming their commitment to the goals and principles enshrined in the Charter of the Shanghai Cooperation Organization of June 7, 2002 (hereinafter referred to as the Charter), and the provisions of the Treaty on Long-term Good-Neighborliness, Friendship and Cooperation of the Shanghai Cooperation Organization Member States of August 16, 2007 (hereinafter referred to as the Treaty), as well as other international treaties and documents adopted in within the framework of the SCO,

Based on the Regulation on the Procedure for Admitting New Members to the Shanghai Cooperation Organization dated June 11, 2010 (hereinafter referred to as the Regulation) and Decision No. 4 of the Council of Heads of SCO Member States (hereinafter referred to as the CGG) dated July 10, 2015 on the commencement of the procedure for admitting the Islamic Republic of Pakistan to membership in the Shanghai Cooperation Organization,

have agreed on the following:

Article 1. Status of the Memorandum

This Memorandum is an international treaty and contains the obligations assumed by the Islamic Republic of Pakistan in order to obtain the status of an SCO member state.

Article 2. General obligations of the Islamic Republic of Pakistan

The Islamic Republic of Pakistan undertakes to comply with the purposes and principles of the Charter, the provisions of the Treaty, as well as international treaties and documents adopted within the framework of the SCO.

Article 3. Accession of the Islamic Republic of Pakistan to international treaties within the framework of the SCO

3.1. The Islamic Republic of Pakistan undertakes to accede to all international treaties and documents adopted within the framework of the SCO within the time limits provided for in this article.

3.2. The Islamic Republic of Pakistan undertakes to accede to the Charter, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, and the Protocols thereto, no later than November 1, 2016, from the date of receipt by the SCO Secretariat of notification that the Islamic Republic of Pakistan has completed the internal procedures necessary for the entry into force of this Memorandum..

3.3. After completing the procedures provided for in paragraph 3.2. of this Article, the Islamic Republic of Pakistan undertakes to accede, no later than January 15, 2017, to the international treaties within the SCO specified in Annex No. 1 to this Memorandum.

3.4. Upon the fulfillment by the Islamic Republic of Pakistan of the obligations referred to in paragraphs 3.2 and 3.3 of this Article, and subject to the entry into force of this Memorandum, the Islamic Republic of Pakistan shall receive the right to accede to the international treaties specified in Annex No. 2 to this Memorandum. The Islamic Republic of Pakistan undertakes to join them no later than April 15, 2017.

3.5. Accession to international treaties within the SCO is considered completed after the entry into force for the Islamic Republic of Pakistan of the international treaties referred to in paragraph 3.2 of this Article and Annexes No. 1 and No. 2 to this Memorandum. After that, the SGG, in accordance with the procedure established in the Regulations, decides on granting the status of an SCO member state to the Islamic Republic of Pakistan.

3.6. In case of non-fulfillment by the Islamic Republic of Pakistan of its obligations regarding the deadlines for accession to international treaties referred to in paragraph 3.2 of this Article and Annexes No. 1 and No. 2 to this Memorandum, the Islamic Republic of Pakistan has the right only once to apply to the SCO Secretariat with a request for the possibility of revising the deadlines for accession. At the same time, the new deadlines for the accession of the Islamic Republic of Pakistan to international treaties within the SCO should not exceed the original deadlines set out in paragraphs 3.2, 3.3 and 3.5 of this Memorandum. The Council of National Coordinators of the SCO Member States is preparing a recommendation to the Council of Ministers of Foreign Affairs of the SCO Member States (hereinafter referred to as the Council of Ministers of Foreign Affairs) on the request of the Islamic Republic of Pakistan. The SGG, on the recommendation of the Council of Foreign Ministers, makes an appropriate decision on this issue.

3.7. Decisions of the SCO bodies adopted prior to the accession of the Islamic Republic of Pakistan to the Organization shall be effective for the Islamic Republic of Pakistan from the date of the adoption of the decision of the SCO referred to in paragraph 3.5 of this Article.

Article 4. Financial aspects of joining the SCO

4.1. The amount of the annual contribution of the Islamic Republic of Pakistan to the Organization's budget is determined on the basis of the principle of equity participation provided for in the SCO Charter and in accordance with the Agreement on the Procedure for the Formation and Execution of the SCO Budget dated May 29, 2003.

4.2. The share contribution of the Islamic Republic of Pakistan to the SCO budget will amount to 5.9 percent. After the entry into force of this Memorandum, the Annex to the Agreement on the Formation and Execution of the SCO Budget dated May 29, 2003, is amended and supplemented accordingly.

4.3. The first contribution of the Islamic Republic of Pakistan to the budget of the Organization shall be made during the financial year following the year of entry into force of the amendments and additions referred to in paragraph 4.2 of this Article to the Agreement on the Procedure for the Formation and Execution of the SCO Budget dated May 29, 2003.

Article 5. Replacement of quota positions in permanent SCO bodies

5.1. In accordance with the amount of the share contribution to the SCO budget, the Islamic Republic of Pakistan is allocated 4 full-time positions in the SCO permanent bodies (2 full-time units in the SCO Secretariat and 2 full-time units in the Executive Committee of the SCO Regional Anti-Terrorist Structure). The new structure and staffing table are approved by the decision of the Council of Heads of Government (Prime Ministers) of the SCO member States.

5.2. The Islamic Republic of Pakistan sends its citizens to fill quota positions in the SCO permanent bodies in accordance with the approved staffing table after paying contributions to the Organization's budget.

Article 6. Suspension or termination of the Memorandum

6.1. In case of violation by the Islamic Republic of Pakistan of its obligations to comply with the purposes and principles of the Charter or failure to fulfill the obligations set forth in this Memorandum, the SCO member States and the SCO may suspend or terminate this Memorandum on the basis of a decision of the Council of Europe adopted on the recommendation of the Council of Foreign Ministers. Within 15 days from the date of the relevant decision, the SCO Secretariat shall notify the Islamic Republic of Pakistan in writing of this decision. This Memorandum is suspended or becomes invalid after 30 days from the date of sending a written notification from the SCO Secretariat to the Islamic Republic of Pakistan.

6.2. The decision to resume the operation of this Memorandum, in case of its suspension, may be taken by the SCO member States and the SCO on the basis of the decision of the Council of Europe, adopted on the recommendation of the Foreign Ministry, at the request of the Islamic Republic of Pakistan. Within 15 days from the date of the relevant decision, the SCO Secretariat shall notify the Islamic Republic of Pakistan in writing of this decision. This Memorandum is renewed after 30 days from the date of sending a written notification from the SCO Secretariat to the Islamic Republic of Pakistan.

Article 7. Final provisions

7.1. This Memorandum shall enter into force 30 days after the date of receipt by the SCO Secretariat of the last written notification that the SCO Member States and the Islamic Republic of Pakistan have completed the internal procedures necessary for its entry into force. The SCO Secretariat notifies the Parties of the received written notifications on the implementation of domestic procedures.

This Memorandum, with the exception of the situation provided for in paragraph 3.6 of Article 3, as well as paragraph 4.2 of Article 4, paragraph 5.1 of Article 5, Annexes No. 1 and No. 2 to this Memorandum, may not be amended or supplemented.

7.2. Disputes and disagreements related to the application and/or interpretation of this Memorandum are resolved through consultations between the Parties.

7.3. The SCO member States and the SCO, on the basis of a decision of the SGG adopted on the recommendation of the Foreign Ministry, or the Islamic Republic of Pakistan, except as provided for in Article 6, may terminate this Memorandum by sending a written notification to the other Parties no later than 90 days before the expected date of termination.

7.4. In case of termination of this Memorandum, the Parties undertake to settle the obligations stipulated by this Memorandum.

Done in Tashkent on June 24, 2016, in two original copies, each in the Chinese, Russian and English languages, all 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

Download

General Secretary of the Shanghai Cooperation Organization

For the Islamic Republic of Pakistan

Appendix 1 to the Memorandum of Obligations of the Islamic Republic of Pakistan in order to obtain the status of a member State of the Shanghai Cooperation Organization

List of International treaties in force under the SHOS1

1. Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure dated June 7, 2002. Entered into force on November 14, 2003.

2. Protocol on Amendments to the Agreement between the Member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure of September 5, 2003. Entered into force on October 1, 2004.

3. Agreement on ensuring the Protection of Classified Information within the framework of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization dated June 17, 2004. Entered into force on November 19, 2015.

4. Protocol on Amendments to the Agreement between the Member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure dated August 16, 2007. Entered into force on June 25, 2009.

5. Memorandum between the Governments of the member States of the Shanghai Cooperation Organization on the main goals and directions of regional economic cooperation and the launch of a process to create favorable conditions in the field of trade and investment dated September 14, 2001. Entered into force on the date of signing.

6. Protocol to the Memorandum between the Governments of the Member States of the Shanghai Cooperation Organization on the main objectives and directions of regional economic cooperation and the launch of a process to create favorable conditions in the field of trade and investment dated September 14, 2001. Entered into force on the date of signing.

7. Agreement on the procedure for the Formation and execution of the Budget of the Shanghai Cooperation Organization dated May 29, 2003. It is temporarily applied from the date of its signing.

8. Protocol on Amendments to the Agreement on the Procedure for the Formation and Execution of the Budget of the Shanghai Cooperation Organization dated November 24, 2003. Entered into force on April 30, 2004.

9. Convention on the Privileges and Immunities of the Shanghai Cooperation Organization of June 17, 2004. It entered into force on October 4, 2007.

10. Agreement between the member States of the Shanghai Cooperation Organization on Cooperation in Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors dated June 17, 2004. Entered into force on August 16, 2007.

11. Agreement on the Data Bank of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization dated June 17, 2004. Entered into force on April 11, 2007.

12. Protocol on Cooperation and Coordination of Activities between the Ministries of Foreign Affairs of the Shanghai Cooperation Organization member States dated June 17, 2004. Entered into force from the date of its signing.

13. Agreement on cooperation in the field of identifying and blocking channels of Entry into the Territories of the member States of the Shanghai Cooperation Organization of persons involved in Terrorist, Separatist and Extremist Activities dated June 15, 2006. Entered into force on November 6, 2008.

14. Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Activities in the Territories of the Shanghai Cooperation Organization Member States dated June 15, 2006. It entered into force on March 17, 2009.

15. Agreement on the procedure for organizing and conducting joint anti-terrorist Exercises by the member States of the Shanghai Cooperation Organization dated August 28, 2008. The Agreement entered into force on November 29, 2013.

16. Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation in the Field of International Information Security dated June 16, 2009. Entered into force on June 2, 2011.

17. Agreement on Personnel Training for Anti-terrorist Formations of the Shanghai Cooperation Organization Member States dated June 16, 2009. Entered into force on September 13, 2011.

18. Convention of the Shanghai Cooperation Organization against Terrorism of June 16, 2009. Entered into force on January 14, 2012.

______________________

1 List 1 includes the SCO international treaties that are open for accession by the States parties to the SCO Charter of June 7, 2002, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001, as well as those open for accession by any States.

Appendix 2 to the Memorandum of Obligations of the Islamic Republic of Pakistan in order to obtain the status of a member State of the Shanghai Cooperation Organization

List of International treaties in force under the SHOS2

1. Agreement on Interbank Cooperation (Association) within the framework of the Shanghai Cooperation Organization dated October 26, 2005. Entered into force on the date of signing.

2. Agreement on the Technical Protection of Information in the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization dated June 15, 2006. It entered into force on September 5, 2015.

3. Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation in Emergency Response Assistance dated October 26, 2005. Entered into force on July 24, 2007.

4. Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation in the field of education dated June 15, 2006. Entered into force on January 30, 2008.

5. Agreement between the Governments of the Shanghai Cooperation Organization member States on Cooperation in the Field of Culture dated August 16, 2007. It entered into force on April 24, 2014.

6. Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation and Mutual Assistance in Customs Matters dated November 2, 2007. It entered into force on April 24, 2014.

7. The Agreement on Long-term Good-Neighborliness, Friendship and Cooperation of the Shanghai Cooperation Organization member States dated August 16, 2007. Entered into force on October 31, 2012.

8. Agreement on Cooperation between the Governments of the member States of the Shanghai Cooperation Organization in Combating Illicit Trafficking in Weapons, Ammunition and Explosives dated August 28, 2008. Entered into force on May 3, 2010.

9. Protocol between the Customs services of the Shanghai Cooperation Organization member States on the Exchange of Information in the field of Control over the Movement of Energy Resources dated October 30, 2008. Entered into force on the date of signing.

10. Agreement on Cooperation between the Governments of the member States of the Shanghai Cooperation Organization in Combating Crime dated June 11, 2010. Entered into force on January 11, 2012.

11. Agreement between the Governments of the member States of the Shanghai Cooperation Organization on Cooperation in the field of agriculture dated June 11, 2010. Entered into force on August 15, 2014.

12. Protocol to the Agreement between the Governments of the Shanghai Cooperation Organization Member States on Cooperation in Emergency Response Assistance dated October 26, 2005, signed on December 5, 2012. Entered into force on March 14, 2015.

13. Agreement between the Governments of the Shanghai Cooperation Organization member States on Scientific and Technical Cooperation dated September 13, 2013. Entered into force on October 20, 2015.

14. Agreement on Cooperation between the Ministries of Justice of the Shanghai Cooperation Organization member States dated August 18, 2015. Effective from the date of signing.

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2 List 2 includes the SCO international treaties, which are open for accession by any SCO member State.

President

Republic of Kazakhstan

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