¡¡¡¡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 Charter of the United Nations concerning
primarily the maintenance of international peace and security and the promotion
of friendly relations and cooperation among States;¡¡aware of the fact that
terrorism, separatism and extremism constitute a threat to international peace
and security, the promotion of friendly relations among States asism, separatism
and extremism, as defined in this Convention, regardless their motives, cannot
be justified under any circumstances, and that the perpetrators of such acts
should be prosecuted under the law; believing that joint efforts by the Parties
within the framework of this Convention are an effective form of combating
terrorism, separatism and extremism, have agreed as follows:
Article 1
¡¡¡¡
¡¡¡¡1. For the purposes of this Convention, the terms used in it shall
have the following meaning:
¡¡¡¡1) "terrorism" means:
¡¡¡¡a. any act recognized as an offence 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. other act intended to cause death or serious bodily injury to a
civilian, or any other person not taking an active part in the hostilities in a
situation of armed conflict or to cause major damage to any material facility,
as well as to organize, plan, aid and abet such act, when the purpose of such
act, by its nature or context, is to intimidate a population, violate public
security or to compel public authorities or an international organization to do
or to abstain from doing any act, and prosecuted in accordance with the national
laws of the Parties;
¡¡¡¡2) "separatism" means any act intended to violate territorial integrity of
a State including by annexation of any part of its territory or to disintegrate
a State, committed in a violent manner, as well as planning and preparing, and
abetting such act, and subject to criminal prosecuting in accordance with the
national laws of the Parties;
¡¡¡¡3) "Extremism" is an act aimed at seizing or keeping power through the use
of violence or changing violently the constitutional regime of a State, as well
as a violent encroachment upon public security, including organization, for the
above purposes, of illegal armed formations and participation in them,
criminally prosecuted in conformity with the national laws of the Parties.
¡¡¡¡2. This Article shall not affect any international treaty or any national
law of the Parties, provides or may provide for a broader application of the
terms used in this Article.
Article 2
¡¡¡¡
¡¡¡¡1. The Parties, in accordance with this Convention and other
international obligations and with due regard for their national legislations,
shall cooperate in the area of prevention, identification and suppression of
acts referred to in Article 1 (1) of this Convention.
¡¡¡¡2. In their mutual relations, the Parties shall consider acts referred to
in Article 1 (1) of this Convention as extraditable offences.
¡¡¡¡3. In the course of implementation of this Convention with regard to issues
concerning extradition and legal assistance in criminal cases, the Parties shall
cooperate in conformity with international treaties to which they are parties
and national laws of the Parties.
Article 3
¡¡¡¡
¡¡¡¡The Parties shall take such measures as can prove necessary,
including, as appropriate, in the field of their domestic legislation, in order
to ensure that in no circumstances acts referred to in Article 1 (1) of this
Convention should be subject to acquittal based upon exclusively political,
philosophical, ideological, racial, ethnic, religious or any other similar
considerations and that they should entail punishment proportionate to their
gravity.
Article 4
¡¡¡¡
¡¡¡¡1. Within 60 days after the Depositary has been notified about the
completion of internal procedures necessary for the entry into force of this
Convention, a Party shall provide to the Depositary, through diplomatic
channels, in writing a list of its central competent authorities responsible for
the implementation of this Convention, and the Depositary shall transmit the
above list to other Parties.
¡¡¡¡2. Neutral competent authorities of the Parties in charge of issues
relating to implementation of the provisions of this Convention shall directly
communicate and interact with each other.
¡¡¡¡3. In case of any amendments to the list of central competent authorities
of a Party, that Party shall send an appropriate notification to the Depositary
who shall inform the other Parties accordingly.
Article 5
¡¡¡¡
¡¡¡¡Upon mutual consent, the Parties can hold consultations, exchange
views and coordinate their positions on issues of combating acts referred to in
Article 1 (1) of this Convention, including within international organisations
and at international forums.
Article 6
¡¡¡¡
¡¡¡¡In accordance with this Convention, the central competent authorities
of the Parties shall cooperate and assist each other through:
¡¡¡¡1) Exchange of information;
¡¡¡¡2) Execution of requests concerning operational search actions;
¡¡¡¡3) Development and implementation of agreed measures to prevent, identify
and suppress acts referred to in Article 1 (1) of this Convention, as well as
mutual information on the results of their implementation;
¡¡¡¡4) Implementation of measures to prevent, identify and suppress, in their
territories, acts referred to in Article 1 (1) of this Convention, that are
aimed against other Parties;
¡¡¡¡5) Implementation of measures to prevent, identify and suppress financing,
supplies of weapons and ammunition or any other forms of assistance to any
person and/or organization for the purpose of committing acts referred to in
Article 1 (1) of this Convention;
¡¡¡¡6) Implementation of measures to prevent, identify, suppress, prohibit or
put an end to the activities aimed at training individuals for the purpose of
committing acts referred to in Article 1 (1) of this Convention;
¡¡¡¡7) Exchange of regulatory legal acts and information concerning practical
implementation thereof;
¡¡¡¡8) Exchange of experience in the field of prevention, identification or
suppression of acts referred to in Article 1 (1) of this Convention;
¡¡¡¡9) Various forms of training, retraining or upgrading of their experts;
¡¡¡¡10) Conclusion, upon mutual consent of the Parties, of agreements on other
forms of cooperation, including, as appropriate, practical assistance in
suppressing acts referred to in Article 1 (1) of this Convention and mitigating
consequences thereof. Such agreements shall be formalized in appropriate
protocols that shall form an integral part of this Convention.
Article 7
¡¡¡¡
¡¡¡¡The central competent authorities of the Parties shall exchange
information of mutual interest, inter alia, on:
¡¡¡¡1) Planned and committed acts referred to in Article 1 (1) of this
Convention, as well as identified and suppressed attempts to commit them;
¡¡¡¡2) Preparations to commit acts referred to in Article 1 (1) of this
Convention, aimed against heads of state or other statesmen, personnel of
diplomatic missions, consular services and international organisations, as well
as other persons under international protection and participants in governmental
visits, international and governmental political, sports and other events;
¡¡¡¡3) Organizations, groups and individuals preparing and/or committing acts
referred to in Article 1 (1) of this Convention or otherwise participating in
those acts, including their purposes, objectives, ties and other information;
¡¡¡¡4) Illicit manufacturing, procurement, storage, transfer, movement, sales
or use of strong toxic, and poisonous substances, explosives, radioactive
materials, weapons, explosive devices, firearms, ammunition, nuclear, chemical,
biological or other types of weapons of mass destruction, as well as materials
and equipment which can be used for their production, for the purpose of
committing acts referred to in Article 1 (1) of this Convention;
¡¡¡¡5) Identified or suspected sources of financing of acts indicated in
Article 1 (1) of this Convention;
¡¡¡¡6) Forms, methods and means of committing acts indicated in Article 1 (1)
of this Convention.
Article 8
¡¡¡¡
¡¡¡¡1. Cooperation among central competent authorities of the Parties
within the framework of this Convention shall be carried out in a bilateral or
multilateral format on the basis of a request for assistance as well as by way
of providing information upon the initiative of the central competent authority
of a Party.
¡¡¡¡2. Requests or information shall be forwarded in writing. In case of
urgency, the requests or information can be transmitted orally but within 72
hours thereafter they should be confirmed in writing and with the use of
technical means of text transmission, as necessary.
¡¡¡¡If there are any doubts about the authenticity of a request or information
or the contents thereof additional confirmation or clarification of the above
documents can be requested.
¡¡¡¡3. The request should contain the following:
¡¡¡¡the name of the requesting and requested central competent
authorities;
purposes of and grounds for the request;
description of the
contents of the assistance required;
any other information which could be
useful for a timely and appropriate execution of the request;
degree of
confidentiality, as necessary.
¡¡¡¡4. Requests or information transmitted in writing shall be signed by the
head of the requesting central competent authority or his or her deputies or
shall be certified by the official seal of that central competent authority.
¡¡¡¡5. Requests and documents transmitted therein, as well as information shall
be provided by the central competent authority in one of the working languages
mentioned in Article 15 of this Convention.
Article 9
¡¡¡¡
¡¡¡¡1. The requested central competent authority shall take all necessary
measures to ensure a prompt and most complete execution of the request and,
within the shortest possible time, shall provide information on the results of
its consideration.
¡¡¡¡2. The requesting central competent authority shall be notified, without
delay, about the circumstances that prevent or significantly hamper the
execution of a request.
¡¡¡¡3. If the execution of a request is outside the competence of the requested
central competent authority that authority shall transmit the request to another
central competent authority of its State, which has the competence to execute it
and shall without delay notify the requesting central competent authority
accordingly.
¡¡¡¡4. The requested central competent authority can request additional
information which it considers necessary for the execution of the request.
¡¡¡¡5. Requests shall be executed on the basis of the legislation of the
requested Party. Upon request by the requesting central competent authority, the
legislation of the requesting Party may be applied if this does not contradict
fundamental legal principles or international obligations of the requested
Party.
¡¡¡¡6. Execution of a request can be postponed or denied completely or in part
in case the requested central competent authority considers that its execution
could prejudice the sovereignty, security, public order or other substantial
interests of its State or that it contradicts the legislation or international
obligations of the requested Party.
¡¡¡¡7.Execution of a request can be denied if the act in connection with which
the request was made does not constitute an offence under the legislation of the
requested Party.
¡¡¡¡8. If, in accordance with paragraph 6 or 7 of this Article, the execution
of a request is denied in full or in part or if it is postponed, the requesting
central competent authority shall be notified accordingly in writing.
Article 10
¡¡¡¡
¡¡¡¡The Parties will conclude a separate agreement and will adopt other
necessary documents in order to establish and provide for functioning of a
Parties Regional Counter-terrorist Structure with the headquarters in Bishkek,
the purpose of which would be to effectively combat the acts referred to in
Article 1 (1) of this Convention.
Article 11
¡¡¡¡
¡¡¡¡1. For the purposes of implementation of this Convention, central
competent authorities of the Parties may establish emergency lines of
communication and hold regular and extraordinary meetings.
¡¡¡¡2. For the purposes of implementation of the provisions of this Convention,
the Parties may, as necessary, provide technical and material assistance to each
other.
¡¡¡¡3. Materials, special means, facilities and technical equipment received by
a Party on the basis of this Convention from another Party shall not be subject
to transfer without a prior written consent of the providing Party.
¡¡¡¡4. Information about methods of conducting operational search activities,
specifications of special forces and means and supporting materials used by
central competent authorities of the Parties in order to provide assistance
within the framework of this Convention, shall not be subject to disclosure.
Article 12
¡¡¡¡
¡¡¡¡The central competent authorities of the Parties may conclude
specific agreements among them governing modalities for the implementation of
this Convention.
Article 13
¡¡¡¡
¡¡¡¡1. Each Party shall assure the confidential nature of the information
and documents received if they are sensitive or if the providing Party considers
their disclosure undesirable. The degree of sensitiveness of such information
and documents shall be determined by the providing Party.
¡¡¡¡2. Without a written consent of the providing Party, the information or
response to the request received pursuant to this Convention, may not be used
for purposes other than those for which they were requested or provided.
¡¡¡¡3. The information and documents received by a Party pursuant to this
Convention from another Party shall not be transmitted without a prior written
consent of the providing Party.
Article 14
¡¡¡¡
¡¡¡¡Each Party shall bear independently the costs of the implementation
of this Convention, unless otherwise agreed.
Article 15
¡¡¡¡
¡¡¡¡The working languages to be used by the central competent authorities
of the Parties in their cooperation within the framework of this Convention
shall be Chinese and Russian.
Article 16
¡¡¡¡
¡¡¡¡This Convention shall not limit the right of the Parties to conclude
other international treaties on matters that constitute the subject of this
Convention and do not contradict its purposes and object, nor shall it affect
the rights and obligations of the Parties under other international treaties to
which they are Parties.
Article 17
¡¡¡¡
Any disputes, concerning interpretation or application of
this Convention shall be settled through consultation and negotiation between
the interested Parties.
Article 18
¡¡¡¡1. This Convention shall be deposited with the People`s Republic
of China. Official copies of this Convention shall be sent by the Depositary to
other Parties in the course of 15 days after its signing.
¡¡¡¡2. This Convention shall enter into force on the thirtieth day
following the receipt by the Depositary the last notification in writing from
the Republic of Kazakhstan, the People`s Republic of China, the Kyrgyz Republic,
the Russian Federation, the Republic of Tajikistan, or the Republic of
Uzbekistan informing it of the completion of national procedures necessary for
this Convention to enter into force.
Article 19
¡¡¡¡
¡¡¡¡1. Following the entry into force of this Convention other States
may, subject to the consent of all the Parties, accede to it.
¡¡¡¡2. This Convention shall enter into force for each acceding
State on the thirtieth day following the receipt by the Depositary of a
notification in writing informing it of the completion of national procedures
necessary for this Convention to enter into force. On this date, the acceding
State shall become Party to this Convention.
Article 20
¡¡¡¡
¡¡¡¡1. Amendments and additions may, subject to the consent of all
Parties, be made to the text of this Convention, which shall be effected by
Protocols being an integral part of this Convention.
¡¡¡¡2. Any Party may withdraw from this Convention by notifying in
writing the Depositary of the decision 12 months prior to the date of
anticipated withdrawal. The Depositary shall inform the other Parties of this
intention within a 30-day period following the receipt of the notification of
withdrawal.
Article 21
¡¡¡¡
¡¡¡¡1. When forwarding to the Depositary its notification of the
completion of internal procedures necessary for this Convention to enter into
force, a Party which does not participate in one of the treaties enumerated in
the Annex may declare that this Convention shall be applied to the Party with
that treaty regarded as not included in the Annex. Such declaration shall cease
to be effective after notifying the Depositary of the entry of that treaty into
force for the Party.
¡¡¡¡2. When one of the treaties listed in the Annex ceases to be effective for
a Party, the latter shall make a declaration as provided for in paragraph 1 of
this Article.
¡¡¡¡3.The Annex may be supplemented by treaties that meet the following
conditions: they are open for signature to all States; they entered into force;
and they were ratified, accepted, approved or acceded to 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. The proposal for amending the Annex shall be forwarded
to the Depositary in written form. The Depositary shall notify all the proposals
that meet the requirements of paragraph 3 of this Article to the other Parties
and seek their views on whether the proposed amendment should be adopted.
¡¡¡¡5. The proposed amendment shall be considered adopted and shall come into
force for all the Parties 180 days after the Depositary has circulated the
proposed amendment, except when one-third of the Parties to this Convention
inform in writing the Depositary of their objections to it.
¡¡¡¡Done at
Shanghai, this 15th of June, 2001, in one original copy in the Chinese and
Russian languages, both texts having equal validity.