On the ratification of the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on joint Actions to Combat Terrorism, Political and Religious Extremism, Transnational Organized Crime and Other Threats to Stability and Security of the Parties
The Law of the Republic of Kazakhstan dated November 9, 2000 No. 97-II
To ratify the Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan on joint actions to Combat terrorism, Political and religious Extremism, Transnational Organized Crime and Other Threats to Stability and security of the Parties, concluded in Tashkent on April 21, 2000.
President of the Republic of Kazakhstan
Contract
between the Republic of Kazakhstan, the Kyrgyz Republic,
By the Republic of Tajikistan and the Republic of Uzbekistan on
joint actions to combat terrorism,
political and religious extremism,
transnational organized crime and
other threats to the stability and security of the Parties
The Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and the Republic of Uzbekistan, hereinafter referred to as the Parties, expressing concern about the growing scale and trends of terrorism, extremism and transnational organized crime in all forms and manifestations that endanger the peace and security of all States, lead to violations of human rights, fundamental freedoms and democratic foundations of society, proceeding from the desire to provide reliable protection against criminal attacks on the lives, rights and legitimate interests of citizens, the sovereignty and territorial integrity of their States, desiring to jointly counter attempts to undermine the security of States, incite social, national, racial and religious discord, political and religious extremism, reaffirming their commitment to the goals and principles of the Organization The United Nations, concerning the maintenance of international peace and security, the development of good-neighborliness and friendly relations, and cooperation between States, have agreed as follows:
Article 1 1. The Parties unequivocally condemn terrorism, political and religious extremism, which in no way can be justified on grounds of political, ideological, racial, ethnic, religious or any other nature. cle 1 1. The Parties unequivocally condemn terrorism, political and religious extremism, which in no way can be justified on grounds of political, ideological, racial, ethnic, religious or any other nature. 2. The Parties confirm that they refuse to provide safe haven or concessions to terrorists and extremists, and will also seek to bring them to criminal responsibility and extradite them to an interested State for this purpose on the basis of international extradition treaties.
Article 2 Scope of cooperation 1. The Parties, in accordance with the provisions of this Treaty and in coArticle 2 Scope of cooperation 1. The Parties, in accordance with the provisions of this Treaty and in compliance with national legislation, as well as international obligations, will cooperate through their central competent authorities in combating terrorism, political and religious extremism, and transnational organized crime. 2. The parties will cooperate on the provision of legal assistance in criminal matters and extradition.
Article 3 Central competent authoritiesArticle 3 Central competent authorities 1. Each of the Parties determines a list of its central competent authorities under this Agreement and, within one month from the date of entry into force of the Agreement, sends it to the depositary, who sends this list to the other Parties. The Parties shall immediately notify the depositary of changes to the list of their central competent authorities. 2. The central competent authorities of the Parties shall cooperate with each other directly in order to implement this Agreement.
Article 4 1. The Parties will undertake mutually coordinated efforts to counter terrorism, political and religious extremism, actions aimed at forcibly changing thArticle 4 1. The Parties will undertake mutually coordinated efforts to counter terrorism, political and religious extremism, actions aimed at forcibly changing the constitutional order or violating territorial integrity, transnational organized crime, illicit trafficking in narcotic drugs, psychotropic substances and precursors, weapons and ammunition, explosives and explosive devices. 2. The Parties will take measures to enhance the effectiThe Parties will take measures to enhance the effectiveness of cooperation between their central competent authorities in combating these phenomena that pose a threat to the security of the Parties, as well as to the lives, rights and legitimate interests of their citizens.
Article 5 Expansion of the legal framework for cooperation The Parties will strive to improve the legal regulation of cooperation withiArticle 5 Expansion of the legal framework for cooperation The Parties will strive to improve the legal regulation of cooperation within the framework of this Agreement, to bring together the norms of national legislation in order to counter terrorism and any manifestations of extremism, transnational organized crime. To this end, the Parties shall hold consultations on a regular basis and exchange regulatory legal acts adopted in order to implement the provisions of this Agreement.
Article 6 Areas of cooperation 1. The Parties, taking into account the provisions of Article 4 of this Agreement, In accordance with the Agreement and in accordance with their legislation, they will cooperate in the prevention, detection, suppression, disclosure and investigation of the following criminal accle 6 Areas of cooperation 1. The Parties, taking into account the provisions of Article 4 of this Agreement, In accordance with the Agreement and in accordance with their legislation, they will cooperate in the prevention, detection, suppression, disclosure and investigation of the following criminal acts: - terrorism, hostage-taking, sabotage, organized crime and other dangerous attacks on public safety; - incitement of social, national, racial and religious hatred; - acts of political and religi- acts of political and religious extremism; - organization and functioning of terrorist and extremist training centers; - illegal trafficking of weapons, ammunition, explosives and explosive devices, radioactive materials; - illegal trafficking of narcotic drugs, psychotropic substances and precursors; - smuggling, violations of customs and tax legislation; - illegal migration; - illegal operations with motor vehicles; - economic crimes, illegal financial transactions; - production and distribution of forged passports and other identity deconomic crimes, illegal financial transactions; civil aviation dated September 23, 1971; - escort and protection of valuable and special cargo; - conducting joint exercises in the listed areas.
Article 7 Forms of cooperation 1. In order to implement the provisions of this Agreement, the central competent authorities of the Parties will cooperate, in particular, in the following forms: - exchange of information of interest on crimes being prepared or committed and persons and organizations involved in them; - implementation of joint special operations (measures) involving (using) contingents of the armed forces, special units of law enforcement agencies Parties; - conducting joint operational search activities and investigative actions; - executing requests for operational search activities and investigative actions; - searching for persons hiding from criminal prosecution or serving a sentence; - searching for stolen items with numbers or specific distinguishing features, including vehicles and firearms, as well as numbered valuables papers, passports and other identity documents; - exchange of information on new types of narcotic drugs, psychotropic substances and precursors that have appeared in illicit traffic, their manufacturing technologies and the substances used in this process, on new methods of research and identification of narcotic drugs, psychotropic substances and precursors, as well as on persons involved in their illicit manufacture and distribution; - exchange of information on the specifics of the commission of crimes by organized groups specified in paragraph 1 of Article 6 of this Treaty, as well as the composition, structure, areas of activity and criminal connections of such groups; - exchange of information on the forms and methods of terrorist activity, the structure and composition of identified terrorist groups, the technical means used by them, as well as those being prepared or committed terrorist acts and persons involved in them. 2. The scope and specific forms of cooperation are determined by agreement of the central competent authorities of the Parties, taking into account the needs, as well as other relevant circumstances.
Article 8 Joint special Operations (activities) 1. The Parties shall provide the central competent authorities with the opportunity to carry out joint special operations (measures) on their territories with the involvement (use) of contingents of the armed forces, special units of law enforcement agencies of the Parties and operational search measures to neutralize and eliminate criminal and terrorist groups, suppress, disclose and investigate crimes, detain persons suspected of committing crimes, search for criminals. 2. Representatives of the central competent authorities of one Party, on the basis of appropriate requests and after obtaining permission, may be sent to the territory of the other Party to perform official tasks during special operations (events) involving (using) contingents of the armed forces, special units of law enforcement agencies of the Parties and operational search activities, as well as investigative actions. Seconded employees are provided with the necessary assistance in fulfilling their duties and resolving other issues related to their business trip.
Article 9 The procedure for joint special operations (events) 1. Special operations (activities) involving (using) contingents of the armed forces, special units of law enforcement agencies of the Parties and operational search activities are carried out on the basis of a request from the host Party by employees of the central competent authorities of the Parties with the participation and under the supervision of the central competent authorities of the Party in whose territory they are conducted, and in compliance with the requirements of its legislation. 2. For carrying out special operations (measures) involving (using) contingents of the armed forces, special units of law enforcement agencies of the Parties and operational search measures, military equipment, firearms, ammunition, special means and means of communication, and material resources may be imported into the territory of one of the Parties. 3. Representatives of the central competent authorities of one Party participating in the implementation of special operations (measures) involving (using) contingents of the armed forces, special units of law enforcement agencies of the Parties and operational search activities on the territory of the other Party, are allowed to cross the state border on national passports and other identity documents, with the presentation of special name lists certified by the central competent authority of the sending Party. Representatives of the central competent authorities of one Party involved in the implementation of special operations (measures) involving (using) contingents of the armed forces, special units of law enforcement agencies of the Parties and operational search activities on the territory of the other Party, are obliged to comply with the legislation of that State during their stay in the territory of the receiving Party. The personnel of the armed forces and special units of law enforcement agencies, who are part of the representatives of the central competent authorities of the sending Party, are subject to the legislation of the sending Party regulating the status of military personnel. 4. Military equipment, firearms, ammunition, special means and means of communication, and material assets are allowed to cross the state border without levying customs duties, fees, and taxes according to special lists, indicating their nomenclature and quantity, certified by the competent authority of the sending Party. Customs clearance of military equipment, firearms, ammunition, special means and means of communication, and materiel is carried out in a simplified form and in a priority manner in accordance with the national legislation of the receiving Party, on the basis of special lists certified by the competent authority of the sending Party. Imported military equipment, firearms, ammunition, special means and means of communication, and material assets are subject to mandatory return. Export is carried out on the basis of the mentioned special lists, certified by the border and customs authorities when they are exported from the territory of the sending Party and when they are imported into the territory of the receiving Party. The use (expenditure) of military equipment, firearms, ammunition, special means and means of communication, and material assets are certified by appropriate documents drawn up by representatives of the central competent authorities of the sending and receiving Parties. Military equipment, firearms, ammunition, special means and means of communication, and material assets seized during special operations (events) involving (using) contingents of the armed forces, special units of law enforcement agencies of the Parties and operational search activities remain at the disposal of the receiving Party. 5. If it is necessary to provide emergency medical care to victims, the necessary amount of medicines containing narcotic substances may be imported into the territory of the receiving Party, which are passed through the state border according to special lists, indicating their nomenclature and quantity, certified by the central competent authority of the sending Party. Unused medicines containing narcotic substances are subject to mandatory export back under the customs control of the receiving Party on the basis of appropriate lists confirming the nomenclature and quantity of these drugs. For spent medicines containing narcotic substances, the customs authorities of the receiving Party shall be presented with an act on their use, signed by representatives of the central competent authorities of the sending and receiving Parties. 6. The activities referred to in paragraph 1 of this Article shall be terminated as soon as the receiving Party in whose territory they are carried out makes a request to do so.
Article 10 Request for assistance and the procedure for sending it 1. Cooperation under this Agreement is carried out on the basis of requests from the central competent authorities of the Parties for assistance. The request for assistance must be signed by the head of the central competent authority of the requesting Party or his deputy, as well as certified with the stamp of this central competent authority. Such requests may be sent by the central competent authorities. The Parties to each other directly or through diplomatic channels, including by means of telecommunications. 2. A request for assistance shall be sent in writing and executed within the time limits specified in the request. If there is doubt about the authenticity or content of the request for assistance, confirmation may be requested. 3. The request for assistance must contain: a) the name of the central competent authority requesting assistance and the body to which the request is addressed; b) a statement of the merits of the case; c) the names and surnames, nicknames, nationality of persons related to the case, dates and places of their birth, occupation, place of residence or place of stay; names and locations of legal entities, institutions and organizations related to the case; (d) A description of the act or event, and in criminal cases the qualification of the act in accordance with the legislation of the requesting Party and the text of the applicable law; (e) a description of the special procedure to be followed in the execution of the request and the justification for this need; (f) an indication of the purpose and justification of the request; (g) a list of questions to be answered; h) terms of execution of the request; i) the estimated number of personnel, military equipment, firearms, ammunition, special means and means of communication, materiel, medical preparations containing narcotic substances. 4. The request must also contain any other information that may be useful to facilitate the execution of the request. 5. Information under this Agreement may be sent to each other by the central competent authorities on their own initiative without request, if there are grounds to believe that it is of interest to other Parties.
Article 11 Procedure for executing a request for assistance 1. If the execution of the request does not fall within the competence of the authority that received the request, that authority shall immediately transmit it to the relevant central competent authority of its State and notify the central competent authority of the requesting Party accordingly. 2. If necessary, the central competent authority of the requested The parties have the right to request additional information necessary, cle 11 Procedure for executing a request for assistance 1. If the execution of the request does not fall within the competence of the authority that received the request, that authority shall immediately transmit it to the relentral competent authority of its State and notify the central competent authority of the requesting Party accordingly. 2. If necessary, the central competent authority of the requested The parties have the right to request additional information necessary, in his opinion, for the execution of the request. 3. The central competent authorities of the requested Party shall take all necessary measures to ensure the prompt, fullest possible and high-quality execution of the request. If there are circumstances that impede or significantly delay the execution of the request, the central competent authority of the requesting party is immediately notified. Sides. 4. When executing a request, the legislation of the requested country is applied. However, a executing a request, the legislation of the requested coury is applied. However, at the request of the requesting Party, its legislation may be applied if it does not contradict the legislation or international obligations of the requested Party. 5. The central competent authority of the requested Party, if requested by the central competent authority of the requesting Party, shall inform it of the progress of the request. 6. The central competent authority of the requested Party shall, as soon as possible, inform the central competent authority of the requesting Party of the results of the execution of the request. 7. The central competent authorities of the Parties shall assist each other in accordance with the legislation of their state and within their competence.
Article 12 Grounds for refusal to comply with a request for assistance 1. Assistance under this Agreement may be refused in whole or in part if the fulfillment of the request may harm the national security and other interests of the requested Party, or contradicts national legislation or international obligations. 2. In the event of a decision to refuse to execute the request, the central competent authority of the requesting Party shall be notified in writing, indicating the reason for the refusal.
Article 13 Confidentiality and use of information 1. The Parties shall ensure, in accordance with national legislation, the confidentiality of information received under this agrArticle 13 Confidentiality and use of information 1. The Parties shall ensure, in accordance with national legislation, the confidentiality of information received under this agreement. Information contracts, if it is of a private nature or transmitting The Party considers its disclosure undesirable. These provisions also apply to technical facilities, equipment and materials transferred under this Agreement. 2. If there is a request for assistance from the other Party, each Party shall take all necessary measures to ensure the confidentiality of the request and its contents. If it is impossible to execute the request without maintaining its confidentiality, the requested Party shall inform the requesting Party, which shall decide whether to execute the request under such conditions. 3. The Parties will not provide access to information, technical means, equipment and materialThe Parties will not provide access to information, technical means, equipment and materials obtained under this Agreement to a third party without prior written consent. The party that provided them. This provision is valid, in particular, for the procedure of archiving and publication established by the Parties. 4. The information, technical means, equipment and materials received under this Agreement must be used exclusively for the specified purposes. 5. Access to confidential information, technical means, equipment and materials should be provided only to authorized persons. 6. All issues related to the transfer, use and preservation of information, technical means, equipment and materials received under this Agreement are determined by a separate agreement.
Article 14 Controlled deliveries In order to idenArticle 14 Controlled deliveries In order to identify and criminalize persons involved in the illicit trafficking of items, means and substances, the turnover of which is regulated by special rules, the Parties, in accordance with national legislation and their capabilities, in necessary cases, including by agreement with any third party, will appropriately use the method of controlled delivery of such items, means and substances..
Article 15 Ensuring the safety of victims, witnesses and experts The Parties, on the basis of their national legislation, will, in appropriate cases, implement on the basis of reciprocity agreed measures to ensure the safety of persons, and, if necessary, their close relatives, whose testimony or actions are or may be important for the prevention or suppression of terrorist activities, as well as the activities of extremist groups., transnational organized criminal groups, or the investigation or judicial review of criminal cases.
Article 16 Expenses 1. The Parties shall independently bear the expenses that will arise during the implementation of this Agreement, unless a different procedure is agreed in each specific case. 2. The Parties may, if necessary, provide each other with gratuitous assistance, including equipment and materials nArticle Expenses 1. The Parties shall independently bear the expenses that will arise during the implementation of this Agreement, unless a different procedure is agreed in each specific case. 2. The Parties may, if necessary, provide each other with gratuitous assistance, including equipment and materials necessary to solve specific tasks in combating terrorism, political and religious extremism, and transnational organized crime within the framework of this Agreement.
Article 17 Compensation for damages 1. The receiving Party shall bear the costs associated with the injury or death of representatives of the central competent authorities of the sending country. The Parties, if this happened during the performance of tasks related to the implementation of this Agreement on the territory of the host Party. 2. If a representative of the central competent authority of the sending country If the Contracting Parties, when performing tasks related to the implementation of this Agreement, harm a legal entity or individual on the territory of the receiving Party, the damage is compensated by the receiving Party in accordance with the legislation applicable in the event of harm by its citizens. 3. Harm caused by a representative of the central competent authority
the guiding Party intentionally or through gross negligence, is subject to compensation by the guiding Party.
Article 18 The language of cooperation The language of cooperation under this Agreement is Russian. Article 19 Other arrangements
In order to implement this Agreement, the central competent authorities of the Parties concerned may conclude separate agreements.
Article 20 Consultations and negotiations Representatives of the Parties or central competent authorities of the Parties
If necessary, they will hold working meetings, consultations and negotiations in order to consider issues of strengthening and improving the effectiveness of cooperation within the framework of this Agreement.
Article 21 Relation to other international treaties The provisions of this Agreement do not affect the rights and obligations The Parties to other international agreements to which they are parties.
Article 22 Dispute resolution All disputes related to the interpretation or application of the provisions of this Agreement will be resolved through negotiations between By the parties.
Article 23 Changes and additions
Amendments and additions may be made to this Agreement by mutual agreement of the Parties, which are formalized in separate protocols and will form an integral part of it after their entry into force in accordance with the provisions of Article 24 of this Agreement.
Article 24 Entry into force, duration and termination of this Treaty 1. This Treaty is subject to ratification, enters into force on the date of receipt by the depositary of the third instrument of ratification and is valid for 10 years. Its validity will be automatically extended for subsequent ten-year periods, unless the Parties decide otherwise. 2. Each Party may terminate its participation in this Agreement by sending a written notification to the depositary. The validity of this Agreement for such a Party shall terminate upon the expiration of six months from the date of receipt by the depositary of the said notification, which shall inform the other Parties thereof within one month. 3. The termination of this Agreement will 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. 4. This Agreement the interested Parties may temporarily
apply from the date of its signing. Done in Tashkent on April 21, 2000, in a single copy in the Russian language. The original copy is kept in the Executive Committee. Interstate Council of the Central Asian Economic Cooperation The Community, which sends a certified copy of it to each Participating State.
For For For For the Republic The Kyrgyz Republic the Republic of Kazakhstan the Republic of Tadjikistan Uzbekistan (Experts: Sklyarova I.V., Martina N.A.)
President
Republic of Kazakhstan
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