On the ratification of the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure

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The Law of the Republic of Kazakhstan dated June 3, 2003 No. 422-II.

To ratify the Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure, signed in St. Petersburg on June 7, 2002.

President

Republic of Kazakhstan

Agreement between the member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure

 The Member States of the Shanghai Cooperation Organization that are Parties to the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001 (hereinafter referred to as the Parties),

 Guided by the purposes and principles of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourly and friendly relations, as well as 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,

 Convinced of the need for mutually coordinated actions in the interests of ensuring the territorial integrity, security and stability of the Parties, including by strengthening cooperation in the fight against terrorism, separatism and extremism,

 Based on the Declaration on the Establishment of the Shanghai Cooperation Organization of June 15, 2001, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001 (hereinafter referred to as the Convention) and the Charter of the Shanghai Cooperation Organization of June 7, 2002,

 have agreed on the following:

Article 1

 For the purposes of this Agreement, the following terms mean:

 An official is a person sent by a Party to work in the Executive Committee of the RATS and appointed by the Director to the appropriate staff position.;

 representative - a person who is charged by the sending Party with the duty to act in this capacity in the Council of RATS;

 employee - a person sent by a Party to perform functions related to the activities of a representative;

 premises - means buildings or parts of buildings, regardless of the form and ownership of them, including the land plot serving this building or part of the building.;

 The host State is the Party in whose territory the headquarters or branch of the RATS is located.

Article 2

 The Parties establish a Regional Anti-Terrorist Structure (hereinafter - RATS) of the Shanghai Cooperation Organization (hereinafter - SCO). The headquarters of RATS is located in the city of Tashkent, the Republic of Uzbekistan.

 If necessary, the Council of Heads of SCO member States may establish RATS offices in the territories of the Parties.

 The status of the RATS branch and its employees is determined by an agreement between the SCO and the Government of the host State.

The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 08.04.2008 N 25-IV.

Article 3

 The RATS is a permanent body of the SCO and is designed to facilitate coordination and interaction between the competent authorities of the Parties in the fight against terrorism, separatism and extremism, as defined in the Convention.

Article 4

 RATS has the status of a legal entity and as such, in particular, has the right to:

 - conclude contracts;

 - to acquire and dispose of movable and immovable property;

 - open and maintain bank accounts in any currency;

 - initiate lawsuits in courts and participate in court proceedings.

 The rights provided for in this Article are exercised on behalf of the RATS by the Director of the RATS Executive Committee (hereinafter referred to as the Director).

Article 5

 The RATS activities are financed from the SCO budget. The procedure for financing the RATS is determined by the documents regulating the SCO budget issues.

Article 6

 The main tasks and functions of RATS are:

 1) development of proposals and recommendations on the development of cooperation in the fight against terrorism, separatism and extremism for the relevant SCO structures, as well as at the request of the Parties;

 2) assistance to the competent authorities of the Parties at the request of one of the Parties in combating terrorism, separatism and extremism, including in accordance with the provisions of the Convention;

 3) collecting and analyzing information received by the RATS from the Parties on the fight against terrorism, separatism and extremism;

 4) formation of the RATS data bank, in particular, on:

 international terrorist, separatist and other extremist organizations, their structure, leaders and participants, other persons involved in them, as well as sources and channels of their financing;

 - the state, dynamics and trends of the spread of terrorism, separatism and extremism affecting the interests of the Parties;

 - non-governmental organizations and individuals supporting terrorism, separatism and extremism;

 5) providing information at the request of the competent authorities of the Parties;

 6) assistance in the preparation and conduct of anti-terrorist command and staff and operational-tactical exercises at the request of interested Parties;

 7) assistance in the preparation and conduct of operational search and other measures to combat terrorism, separatism and extremism at the request of the Parties;

 8) assistance in the international search for persons who allegedly committed the acts referred to in paragraph 1 of article 1 of the Convention, with a view to bringing them to criminal responsibility;

 9) participation in the preparation of international legal documents dealing with issues of combating terrorism, separatism and extremism;

 10) assistance in the training of specialists and instructors for anti-terrorist units;

 11) participation in the preparation and holding of scientific and practical conferences, seminars, assistance in the exchange of experience in the fight against terrorism, separatism and extremism;

 12) establishing and maintaining working contacts with international organizations dealing with the fight against terrorism, separatism and extremism.

Article 7

 In its activities, the RATS is guided by documents and decisions related to the fight against terrorism, separatism and extremism adopted within the framework of the SCO.

 The RATS cooperates with the competent authorities of the Parties, including the exchange of information, and prepares relevant materials at the request of other SCO bodies.

 The procedure for the creation and operation of the RATS database, as well as issues related to the provision, exchange, use and protection of relevant information, are regulated by separate agreements.

Article 8

 The Parties determine the list of their competent authorities that interact with the RATS.

 The Parties shall notify the depositary in writing within 30 days after completing the internal procedures necessary for the entry into force of this Agreement.

 In case of changes in the list of competent authorities of one of the Parties, it shall notify the depositary in writing.

Article 9

 The RATS bodies are the RATS Council (hereinafter referred to as the Council) and the Executive Committee established by this Agreement. The Council may establish the necessary subsidiary bodies.

Article 10

 The Council consists of the Parties to this Agreement.

 The Council is organized in such a way that it can function continuously. For this purpose, each Party must always be represented at the place of residence of the RATS.

 The Council meets periodically, at which each Party may, at its discretion, be represented either by the head of the relevant competent authority or by some other specially appointed representative.

 The Council determines the procedure for the implementation of the main tasks and functions of the RATS specified in Article 6 of this Agreement.

 In accordance with the powers of the RATS set out in this Agreement, the Council makes binding decisions on all substantive issues, including financial matters.

 The Council submits annual reports on the activities of the RATS to the Council of Heads of SCO member States.

 A decision in the Council on any issue is considered adopted if none of the Parties has objected to it.

 The Council shall establish its own rules of procedure, including the procedure for electing its Chairman.

Article 11

 The Executive Committee consists of the Director and such staff as may be required to ensure the normal functioning of the RATS.

 The Director is the highest administrative officer of the Executive Committee and in this capacity acts at all meetings of the Council, as well as performs other functions assigned to him by this body.

 The Director is appointed by the Council of Heads of SCO Member States on the recommendation of the Council. The Deputy Directors are appointed and dismissed by the Council on the proposal of the Parties to whom these positions are assigned.

 The procedure for replacing the Director and his deputy (deputies) is established by the Council.

 The Director has the right to bring to the attention of the Council any issues within the competence of the RATS that, in his opinion, require consideration by this body.

 The Director, with the consent of the Council, appoints officials of the Executive Committee from among the nationals of the Parties, taking into account the contributions of the respective Parties to the SCO budget, and/or hires them under contract from among the nationals of the Parties.

 The structure of the Executive Committee, as well as its staffing table, is approved by the Council of Heads of Government of the SCO Member States on the basis of the Director's proposals approved by the Council.

In the performance of their duties, the Director, his deputy (deputies), and officials of the Executive Committee should not seek or receive instructions from authorities or officials of the Parties, as well as organizations or individuals outside the SCO.

The Parties undertake to respect the international character of the duties of the Director, his Deputy (deputies) and officials of the Executive Committee and not to influence them in the performance of their official duties.

The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 21.11.2008 No. 91-IV.

Article 12

 The RATS Executive Committee is staffed by persons sent by the Parties to work in the RATS Executive Committee in accordance with the procedure provided for by their national legislation.

 The labor relations between the administrative and technical staff and the Executive Committee of the RATS are regulated by the legislation of the respective host state of the RATS.

Article 13

 The property and assets of RATS enjoy immunity from any form of administrative or judicial interference.

 The premises and vehicles of the RATS, as well as its archives and documents, including official correspondence, regardless of their location, are not subject to search, requisition and confiscation or any other form of interference that interferes with its normal operations.

 Representatives of the relevant authorities and administration of the host State may not enter the RATS premises except with the consent of the Director or a person acting in his place and on the terms approved by him.

 Execution of any actions by decision of the relevant authorities and administration of the host State may take place on the premises of the RATS only with the consent of the Director or a person acting in his place.

 The receiving State shall take appropriate measures to protect the RATS premises from any intrusion or damage.

 RATS premises cannot serve as a refuge for persons who are being prosecuted under the laws of either Party or are subject to extradition to either Party or a third State.

 The inviolability of the RATS premises does not give the right to use them for purposes incompatible with the functions or tasks of the SCO.

 RATS has the right to use ciphers, courier and other types of communication that ensure the confidentiality of information transmission. RATS has the right to receive and send correspondence by couriers or bags, who enjoy the same immunities and privileges as diplomatic couriers and bags.

 All places that make up official correspondence must have visible external signs indicating their nature, and may contain only official documents and items intended for official use.

 The courier must be provided with an official document indicating his status and the number of items that make up official correspondence.

Article 14

 RATS is exempt from all direct taxes, fees, duties and other charges levied on the territory of the host State, with the exception of those that are payments for specific types of services (services).

 Property and items intended for official use of the RATS are exempt in the territories of the Parties from customs duties, taxes and related fees and charges, with the exception of fees for transportation, storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority and similar services in accordance with the procedure provided for international organizations.

Article 15

 The Council of Heads of State of the SCO, on behalf of the SCO, may explicitly waive the privileges and immunities granted by the RATS.

Article 16

 1. The Director, his deputy (deputies), representatives, employees, as well as members of their families living with them, enjoy the privileges and immunities provided for in the Vienna Convention on Diplomatic Relations of 1961, to the appropriate extent and in accordance with the procedure, unless otherwise established by this Agreement.

 2. Officials and members of their families living with them are considered equal in status to the diplomatic staff and family members of the diplomatic staff of the Embassy of the Party of which they are citizens or permanently reside there.

 3. The Director, with the consent of the Council, may waive the immunity of an official in cases where, in his opinion, the immunity impedes the administration of justice and the waiver of immunity does not prejudice the purposes for which it was granted.

 The decision to waive the immunity of the Director and his deputy (deputies) is taken by the Council.

 The waiver of immunity must be clearly expressed.

 4. The provisions of paragraphs 1, 2 and 3 of this article shall apply until the date of entry into force of a separate agreement regulating the privileges and immunities of the SCO and its bodies, which will define the privileges and immunities of the RATS, the Director, his Deputy (deputies), officials, representatives, employees, as well as their family members, living with them.

Article 17

 Upon completion of their work at the RATS, the Director, his deputy (deputies) and officials are seconded to the disposal of the Parties that sent them.

Article 18

 All persons enjoying privileges and immunities under this Agreement are required, without prejudice to their privileges and immunities, to respect the laws of the receiving State. They are also obliged not to interfere in the internal affairs of this State.

Article 19

 The Parties recognize the official documents, seals and stamps of the RATS.

Article 20

 The calculation of the length of service, the pension provision of the Director, his deputy (deputies), an official, a representative, an employee, as well as their family members living with them, is carried out in accordance with the procedure and under the conditions determined by the legislation of the sending Party.

 The procedure for medical and sanatorium-resort services provided by the Director, his deputy (deputies), official, representative, employee, as well as their family members living with them, are determined by an agreement between the SCO and the Government of the host State.

 The Director, his deputy (deputies), an official, a representative, an employee, as well as their family members living with them, on the territory of the Parties enjoy the appropriate rights of citizens of the host State in matters of payment for utilities, medical, hotel, transport and other types of services.

Article 21

The official and working languages of the RATS are Russian and Chinese.

The footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 21.11.2008 No. 91-IV.

Article 22

 The text of this Agreement may be amended and supplemented with the consent of all Parties, which are formalized by Protocols that are an integral part of this Agreement.

Article 23

 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 purposes and object, and also does not affect the rights and obligations of the Parties arising from other international agreements to which they are parties.

Article 24

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

Article 25

 The People's Republic of China is the depositary of this Agreement. Official copies of this Agreement shall be sent by the depositary to the other Parties within 15 days from the date of its signing.

Article 26

 This Agreement is subject to ratification and enters into force on the 30th day after the date of deposit of the fourth instrument of ratification.

 This Agreement is open for accession by States that are parties to the Convention.

 For the acceding State, this Agreement shall enter into force on the 30th day following the date of receipt by the depositary of the instrument of accession.

 Any Party may withdraw from this Agreement by sending a written notification to the depositary 12 months before the expected withdrawal date. The Depositary will notify the other Parties of this intention within 30 days from the date of receipt of the withdrawal notification.

 Done in St. Petersburg on June 7, 2002, in one original copy in the Russian and Chinese 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

President

Republic of Kazakhstan

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