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Shanghai Convention on Combating Terrorism, Separatism, and Extremism

Published June 15, 2001

This convention signed by 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 was adopted on June 15, 2001 and entered into force on March 29, 2003.

Excerpt:

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.

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