Appendix A.6: The Regulations on Observer Status at the Shanghai Cooperation Organization

Appendix A: Key Normative Documents of the Shanghai Cooperation Organization

• Declaration on the Establishment of the Shanghai Cooperation Organization – June 15, 2001
• The Shanghai Convention on Combating Terrorism, Separatism and Extremism – June 15, 2001
• Agreement between the Member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure – June 7, 2002
• Protocol on Amendments to the Agreement between Member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure – August 16, 2007
• Charter of the Shanghai Cooperation Organization – June 7, 2002
• The Regulations on Observer Status at the Shanghai Cooperation Organisation – April 24, 2004
• Agreement on the Database of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization – June 28, 2004
• Concept of Cooperation between SCO Member States in Combating Terrorism, Separatism, and Extremism – June 5, 2005
• Protocol on Establishment of the SCO-Afghanistan Contact Group between the Shanghai Cooperation Organisation and the Islamic Republic of Afghanistan – November 4, 2005
• Treaty on Long-Term Good-Neighborliness, Friendship and Cooperation between the Member States of the Shanghai Cooperation Organization – August 16, 2007
• Regulations on the Status of Dialogue Partner of the Shanghai Cooperation Organisation – August 8, 2008
• Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Exercises by Member States of the Shanghai Cooperation Organization – August 28, 2008
• The Convention on Counter-Terrorism of the Shanghai Cooperation Organization – June 16, 2009

The Regulations on Observer Status at the Shanghai Cooperation Organisation

The present Regulations on Observer Status at the Shanghai Cooperation Organisation (hereinafter referred to as the SCO or the Organisation) in accordance with Article 14 of the Shanghai Cooperation Organisation Charter signed on June 7, 2002 (hereinafter referred to as the Charter), determine the order of granting observer status at the SCO to an interested state or an intergovernmental international organisation (forum) (hereinafter referred to as a state or an organisation respectively).

1.  A state or an organisation, wishing to receive observer status at the SCO (hereinafter referred to as observer status), proceeding from respect for the sovereignty, territorial integrity and equal rights of the member states, recognition of the main objectives, principles and actions of the Organisation, forwards a letter, signed by a head of state or a head of organisation respectively, through the Secretary-General to the Council of Heads of SCO Member States (hereinafter referred to as the Heads of State Council – HSC).
2. The SCO Secretary-General notifies the Council of National Coordinators of SCO Member States (hereinafter referred to as the CNC) of receiving the letter from a state or an organisation containing a request to obtain observer status. If necessary, the SCO Secretary-General has the right to ask them for additional information. The CNC submits the issue with relevant proposals to the Council of Foreign Ministers of SCO Member States (hereinafter referred to as the MFA Council) for consideration.
3.  While considering the application for observer status, official representatives of the relevant state or the organisation can be invited to attend the MFA Council meeting.
4. The decision to grant (to annul) observer status is adopted by the HSC on the recommendation of the MFA Council.
5. The decision of the HSC on granting observer status is within a week forwarded by the SCO Secretary-General to the relevant state or the organisation, which within a month sends the SCO Secretary-General a written notification of receiving the decision.
6. A state or an organisation with observer status can be invited to attend open meetings of the HSC and/or the Council of Heads of Government (Prime Ministers) of SCO Member States.
7. A state or an organisation with observer status has the following rights:
   1. to attend open meetings of the MFA Council and Conferences of Heads of Ministries and/or Departments of SCO Member States;
   2. to participate in discussions over issues lying within the competence of the SCO institutions without the right to vote and with advance consent of the chairperson, to circulate through the SCO Secretary-General statements, written in the working languages of the SCO, on issues of their concern lying within the competence of the SCO;
   3. to gain access to documents and decisions of the SCO institutions, mentioned in Article 4 of the Charter, if the relevant institutions of the SCO do not impose restrictions on their dissemination.
8. Observer status does not give the right to participate in preparation and signing of documents of the Organisation. Observers do not participate in formulating decisions of the SCO institutions and do not bear responsibility for such decisions as well.
9. A state or an organisation with observer status informs the SCO Secretariat of its intention to participate, deliver a speech and/or circulate written statements at meetings of the SCO institutions not later than 10 working days before the start of the meeting.

The level of representation of observers must correspond to the level of representation of SCO member states.

The SCO Secretary-General gives participants of meetings advance notification of observers’ attendance. As a rule, observers who participate in meetings sit at a separate table with a sign bearing the name of the relevant state or the organisation.

10. If necessary and with the consent of the SCO Secretariat, observers translate documents and statements from and into the working languages of the SCO on their own.
11. Observers bear all expenses with regard to their participation in meetings of the SCO institutions.
12. If a state or an organisation with observer status commits actions or makes statements targeted against the Organisation, the decisions of the SCO institutions or the principles, set out in the Charter, such a state or an organisation can be stripped of its observer status in accordance with Paragraph 4 of the present Regulations. The respective decision is within a week forwarded by the SCO Secretary-General to the relevant state or the organisation.
13. A state or an organisation, wishing to give up the granted observer status, forwards respective notification to the SCO Secretary-General, who informs the MFA Council and the HSC about it through the CNC. Observer status becomes invalid on the day of the notification, if the latter does not contain another intention.
14. If changes are made to the form of ties (legal relations) of the SCO with other states and organisations, provided by the Charter, their observer status automatically loses validity.
15. Diplomatic representatives of states with observer status, as well as delegations of international organisations with the same status, accredited to the People’s Republic of China, can maintain regular contacts with the SCO Secretariat over issues related to observer status.
16. Changes and/or additions can be made to the present Regulations in accordance with the decision of the HSC. Respective decisions are issued in the form of protocols and take effect on the day of their signing.
17. The present Regulations take effect on the day of their approval by the HSC.

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