On ratification of the Shanghai Convention on Combating Terrorism, Separatism and Extremism

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The Law of the Republic of Kazakhstan dated April 18, 2002 No. 316

To ratify the Shanghai Convention on Combating Terrorism, Separatism and Extremism, signed in Shanghai on June 15, 2001.

President of the Republic of Kazakhstan

Shanghai Convention on Combating Terrorism, Separatism and Extremism

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 (hereinafter referred to as the Parties), Guided by the purposes and principles of the UN Charter, primarily those related to the maintenance of international peace and security, the development of friendly relations and cooperation between States; Realizing that terrorism, separatism and extremism pose a threat to international peace and security, the development of friendly relations between States, as well as the exercise of fundamental human rights and freedoms; Recognizing that these phenomena seriously threaten the territorial integrity and security of the Parties, as well as their political, economic and social stability; Guided by the principles of the Alma Ata Joint Statement of July 3, 1998, the Bishkek Declaration of August 25, 1999, the Dushanbe Declaration of July 5, 2000 and the Declaration on the Establishment of the Shanghai Cooperation Organization of June 15, 2001; Being firmly convinced that terrorism, separatism and extremism, as defined in this Convention, regardless of their motives, cannot be justified under any circumstances, and the perpetrators of such acts must be brought to justice in accordance with the law; Convinced that the joint efforts of the Parties under this Convention are an effective form of combating terrorism, separatism and extremism, have agreed on the following:

Article 1

1. For the purposes of this Convention, the terms used therein mean: 1) "terrorism": a) any act recognized as a crime in one of the treaties listed in the Annex to this Convention (hereinafter referred to as the Annex), and as defined in this treaty; b) any other act aimed at causing the death of any civilian or any other person who does not actively participate in hostilities in a situation of armed conflict, or causing serious bodily injury to him, as well as causing significant damage to any material object, as well as organizing, planning such an act, aiding and abetting its commission, when the purpose of such an act, by virtue of its nature or context, is to intimidate the population, violate public safety or compel authorities or an international organization to commit or refrain from committing any act, and be prosecuted in accordance with the national legislation of the Parties.; 2) "separatism" is any act aimed at violating the territorial integrity of a State, including the separation of part of its territory from it, or the disintegration of the State, committed by force, as well as planning and preparing such an act, aiding and abetting its commission, and prosecuted in accordance with the national legislation of the Parties; 3) "extremism" is any act aimed at forcibly seizing power or forcibly retaining power, as well as forcibly changing the constitutional order of the state, as well as violently encroaching on public safety, including organizing or participating in illegal armed groups for the above-mentioned purposes., and prosecuted in accordance with the national legislation of the Parties. 2. This article is without prejudice to any international treaty or any national legislation of the Parties that contains or may contain a provision on the broader application of the terms used in this article.

Article 2

1. The Parties, in accordance with this Convention, other international obligations, as well as taking into account their national legislation, shall cooperate in the field of prevention, detection and suppression of acts referred to in paragraph 1 of Article 1 of this Convention. 2. In their relations with each other, the Parties consider the acts referred to in paragraph 1 of article 1 of this Convention as extraditable offences. 3. During the implementation of this Convention, in matters related to extradition and the provision of legal assistance in criminal matters, the Parties shall cooperate in accordance with international treaties to which they are parties and taking into account the national legislation of the Parties.

Article 3

The Parties shall take such measures as may be necessary, including, where appropriate, in the field of national legislation, to ensure that the acts referred to in paragraph 1 of article 1 of this Convention are under no circumstances justified on grounds solely political, philosophical, ideological, racial, ethnic, religious or other grounds. They were of a similar nature and were punished according to their severity.

Article 4

1. Within 60 days after notifying the depositary of the completion of the internal procedures necessary for the entry into force of this Convention, the Party shall provide the depositary, through diplomatic channels, in writing, with a list of its central competent authorities responsible for the implementation of this Convention, which the depositary shall transmit to the other Parties. 2. The central competent authorities of the Parties on issues related to the implementation of the provisions of this Convention shall communicate and interact with each other directly. 3. If changes are made to the list of central competent authorities of a Party, it shall notify the depositary, who shall communicate this information to the other Parties.

Article 5

The Parties may, by mutual agreement, hold consultations, exchange views, and coordinate positions on combating the acts referred to in paragraph 1 of article 1 of this Convention, including in international organizations and international forums.

Article 6

The central competent authorities of the Parties, in accordance with this Convention, shall cooperate and assist each other by: 1) information exchange; 2) execution of requests for operational search measures; 3) developing and adopting coordinated measures to prevent, identify and suppress the acts referred to in paragraph 1 of Article 1 of this Convention, and informing each other of the results of their implementation; 4) taking measures to prevent, identify and suppress on the territory of their State the acts referred to in paragraph 1 of Article 1 of this Convention directed against other Parties; 5) taking measures to prevent, identify and suppress the financing, supply of weapons and ammunition, and provide other assistance to any persons and (or) organizations for the commission of acts specified in paragraph 1 of Article 1 of this Convention; 6) taking measures to prevent, identify, suppress, prohibit and terminate activities aimed at training persons to commit acts specified in paragraph 1 of Article 1 of this Convention; 7) exchange of regulatory legal acts and materials on the practice of their application; 8) exchange of experience in the prevention, detection and suppression of acts referred to in paragraph 1 of Article 1 of this Convention; 9) training, retraining and advanced training of their specialists in various forms; 10) reaching agreements on other forms of cooperation by mutual agreement of the Parties, including, if necessary, providing practical assistance in suppressing the acts referred to in paragraph 1 of Article 1 of this Convention and eliminating their consequences. Such agreements are formalized by the relevant protocols, which form an integral part of this Convention.

Article 7

The central competent authorities of the Parties shall exchange information of mutual interest, in particular, on: 1) the upcoming and committed acts referred to in paragraph 1 of Article 1 of this Convention, identified, as well as suppressed attempts to commit them.; 2) preparation for the commission of acts specified in paragraph 1 of Article 1 of this Convention against heads of State and other statesmen, employees of diplomatic missions, consular offices and international organizations, other persons enjoying international protection, as well as participants in state visits, international and state political, sporting and other events; 3) organizations, groups and persons preparing and (or) committing the acts specified in paragraph 1 of Article 1 of this Convention, as well as otherwise participating in these acts, including their goals, objectives, connections and other information; 4) illegal manufacture, acquisition, storage, transfer, movement, sale and use of highly toxic, poisonous, explosive substances, radioactive materials, weapons, explosive devices, firearms, ammunition, nuclear, chemical, biological and other types of weapons of mass destruction, materials and equipment that can be used in its creation, for the purpose of committing the acts referred to in paragraph 1 of Article 1 of this Convention; 5) identified or suspected sources of financing of the acts referred to in paragraph 1 of Article 1 of this Convention; 6) the forms, methods and means of committing the acts specified in paragraph 1 of Article 1 of this Convention.

Article 8

1. Interaction between the central competent authorities of the Parties within the framework of this Convention is carried out in bilateral and multilateral formats on the basis of a request for assistance, as well as by informing on the initiative of the central competent authority of one of the Parties. 2. The request or information is sent in writing. In urgent cases, the request or information may be transmitted orally, but no later than 72 hours later it must be confirmed in writing, if necessary using technical means of text transmission. In case of doubts about the authenticity of the request or information or their content, additional confirmation or clarification of the specified documents may be requested. 3. The request must contain: a) the name of the requesting and requested central competent authorities; b) the purpose and justification of the request; c) a description of the content of the requested assistance; d) other information that may be useful for timely and proper execution of the request; e) an indication of the degree of its closeness, if necessary. 4. The request or information submitted in writing shall be signed by the head of the sending central competent authority or his deputies or certified by the stamp of this central competent authority. 5. The request and the documents transmitted to it, as well as the information, shall be sent by the central competent authority in one of the working languages specified in Article 15 of this Convention.

Article 9

1. The requested central competent authority shall take all necessary measures to ensure the prompt and fullest possible execution of the request and inform about the results of its consideration as soon as possible. 2. The requesting central competent authority shall be notified immediately of the circumstances preventing the execution of the request or significantly delaying its execution. 3. If the execution of the request does not fall within the competence of the requested central competent authority, it shall transmit the request to another central competent authority of its State competent to execute it and immediately notify the requesting central competent authority. 4. The requested central competent authority may request additional information necessary, in its opinion, for the execution of the request. 5. When executing a request, the legislation of the requested Party is applied. At the request of the requesting central competent authority, the legislation of the requesting Party may be applied, if this does not contradict the basic principles of legislation or the international obligations of the requested Party. 6. The execution of the request may be postponed or its execution may be refused in whole or in part if the requested central competent authority considers that its execution may harm the sovereignty, security, public order or other essential interests of its States or contradict the legislation or international obligations of the requested Party. 7. Execution of the request may be refused if the act in connection with which it was received is not a crime under the legislation of the requested Party. 8. If, in accordance with paragraphs 6 or 7 of this article, the request is refused in whole or in part or its execution is postponed, the requesting central competent authority shall be notified in writing.

Article 10

The Parties will conclude a separate agreement and adopt other necessary documents in order to establish and ensure the functioning of the regional anti-terrorist structure of the Parties with a location in Tashkent (Republic of Uzbekistan) to effectively combat the acts referred to in paragraph 1 of Article 1 of this Convention. The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 07.04.2008 N 23-IV.

Article 11

1. In order to implement this Convention, the central competent authorities of the Parties may establish emergency communication lines and hold regular or extraordinary meetings. 2. In order to implement the provisions of this Convention, the Parties may, if necessary, provide each other with technical and material assistance. 3. Materials, special means, equipment and machinery received by one Party on the basis of this Convention from the other Party, without the prior written consent of the Party that provided them, are not subject to transfer. 4. Information on the methods of conducting operational search activities, the characteristics of special forces and means, and support materials used by the central competent authorities of the Parties to provide assistance under this Convention are not subject to disclosure.

Article 12

The central competent authorities of the Parties may conclude agreements among themselves that regulate in more detail the procedure for the implementation of this Convention.

Article 13

1. Each Party ensures the confidentiality of the information and documents received, if they are of a private nature or the transmitting Party considers their disclosure undesirable. The degree of confidentiality of information and documents is determined by the transmitting Party. 2. Information or the results of the execution of a request received on the basis of this Convention may not be used for purposes other than those for which they were requested or provided without the written consent of the Party providing them. 3. Information and documents received by one Party on the basis of this Convention from the other Party are not subject to transfer without the prior written consent of the Party that provided them.

Article 14

The Parties shall independently bear the costs associated with their implementation of this Convention, unless otherwise agreed.

Article 15

Chinese and Russian are the working languages when the central competent authorities of the Parties cooperate under this Convention.

Article 16

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

Article 17

Disputes arising in the interpretation or application of this Convention shall be resolved through consultations and negotiations between the Parties concerned.

Article 18

1. The People's Republic of China is the depositary of this Convention. Official copies of this Convention shall be sent by the depositary to the other Parties within 15 days after its signature. 2. This Convention shall enter into force on the 30th day following receipt by the depositary of the last of the written notifications from 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 on their completion of the internal procedures necessary for the entry into force of this Convention.

Article 19

1. After the entry into force of this Convention, other States may accede to it with the consent of all Parties. 2. For the acceding State, this Convention shall enter into force on the 30th day following receipt by the depositary of notification that it has completed the internal procedures necessary for the entry into force of this Convention. From that date, the acceding State becomes a Party to this Convention.

Article 20

1. The text of this Convention may be amended and supplemented with the consent of all Parties, which are formalized by Protocols that are an integral part of this Convention. 2. Any Party may withdraw from this Convention by giving written notification to the depositary 12 months before the expected date of withdrawal. The Depositary will notify the other Parties of this intention within 30 days of receiving the withdrawal notification.

Article 21

1. Upon delivery to the depositary of a notification on the completion of the internal procedures necessary for the entry into force of this Convention, a Party that is not a party to one of the treaties listed in the Annex may declare that, when applying this Convention to that Party, it is considered that this treaty is not included in the Annex. Such a declaration becomes invalid after notifying the depositary of the entry into force of this agreement for this Party. 2. When a Party ceases to be a party to one of the agreements listed in the Annex, it shall make a declaration as provided for in paragraph 1 of this Article. 3. The application can be supplemented with contracts that meet the following conditions: 1) open to the participation of all States; 2) entered into force; 3) ratified, accepted, approved or joined by at least three Parties to this Convention. 4. After the entry into force of this Convention, any Party may propose an amendment to the Annex. A proposal to introduce the said amendment to the Annex shall be transmitted to the depositary in writing. The depositary shall notify the other Parties of all proposals meeting the requirements of paragraph 3 of this article and seek their opinion on whether the proposed amendment should be accepted. 5. The proposed amendment shall be deemed to have been accepted and shall enter into force for all Parties 180 days after the proposal for the amendment has been circulated by the depositary, except in cases where one third of the Parties to this Convention object to it by notifying the depositary in writing. Done in Shanghai on June 15, 2001, 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

Annex to the Shanghai Convention on Combating Terrorism, Separatism and Extremism

1. Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970. 2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done in Montreal on September 23, 1971. 3. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the United Nations General Assembly on December 14, 1973. 4. U962816_ International Convention against the Taking of Hostages, adopted by the United Nations General Assembly on December 17, 1979. 5. Convention on the Physical Protection of Nuclear Material, adopted in Vienna on March 3, 1980. 6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done in Montreal on February 24, 1988. 7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done in Rome on March 10, 1988. 8. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done in Rome on March 10, 1988. 9. International Convention for the Suppression of Terrorist Bombings, adopted by the United Nations General Assembly on December 15, 1997. 10. The International Convention for the Suppression of the Financing of Terrorism, adopted by the United Nations General Assembly on December 9, 1999.

President

Republic of Kazakhstan

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