Appendix A.11: Regulations on the Status of Dialogue Partner of the Shanghai Cooperation Organisation

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

Regulations on the Status of Dialogue Partner of the Shanghai Cooperation Organisation

The present Regulations on the status of dialogue partner of the Shanghai Cooperation Organisation (hereinafter referred to as the SCO or the Organisation) in accordance with Article 14 of the SCO Charter of 7 June 2002 (hereinafter referred to as the Charter) determine the legal status of dialogue partner (hereinafter referred to as the Partner), as well as the order and procedure of its granting to an interested state or an international intergovernmental organisation (hereinafter referred to as a state or an organisation).

I. General provisions

1.1. The status of Partner is granted to a state or an organisation who shares the goals and principles of the SCO and wishes to establish relations of equal mutually beneficial partnership with the Organisation.

1.2. The status of Partner is granted to a state or an organisation who cooperates with the SCO in specific areas of activity envisaged by the Charter and other treaty documents in the framework of the Organisation.

II. Legal status of Partner

2.1. The procedure of granting the status.

2.1.1. A state or an organisation who wishes to obtain the status of Partner forwards a letter addressed to the SCO Secretary-General which contains a request to be granted such status and is signed by the minister of foreign affairs or the head of the executive body of an organisation.

The letter outlines areas in which a state or an organisation intends to interact with the SCO.

2.1.2. The SCO Secretary-General notifies the Council of national coordinators of the SCO member states (hereinafter referred to as the CNC) of receiving such letter. The CNC submits the issue with relative proposals to the Council of ministers of foreign affairs of the SCO member states (hereinafter referred to as the CMFA) for consideration.

2.1.3. The letter containing the request to be granted the status of Partner is considered at a CFMA meeting. If necessary, official representatives of a respective state or an organisation can be invited to attend the meeting.

2.1.4. A decision to grant the status of Partner is taken by the Council of heads of member states of the SCO (hereinafter referred to as the CHS) on the recommendation of the CFMA.

2.1.5. Granting of the status of Partner is finalised in the form of a Memorandum between the SCO and a state or an organisation on conferring the status of Partner on a state or an organisation (hereinafter referred to as the Memorandum). The Memorandum outlines areas in which a state or an organisation will interact with the SCO.

2.2. The rights of Partner.

2.2.1. The Partner is entitled to participate in:

1. Meetings of heads of ministries and/or departments of the SCO member states responsible for areas of cooperation outlined in the Memorandum;
2. Meetings of working groups, commissions of senior officials and other mechanisms set up by the SCO member states with the aim of conducting cooperation in areas being the subject of partnership;
3. Scientific and expert meetings (forums, conferences, workshops), days of culture, festivals, exhibitions, contests, sports competitions and other activities related to areas being the subject of partnership.

2.2.2. During the activities envisaged by Paragraph 2.2.1. of the present Regulations the Partner is entitled to make statements on issues being the subject of partnership, to receive documents and materials circulated among participants of the activities (provided these documents and materials are not for limited circulation), to circulate their materials and documents with the consent of the SCO member states.

2.2.3. At the Partner’s request and with the consent of the member states of the Organisation the text of a statement of its official representative or documents envisaged by Paragraph 2.2.2. of the present Regulations can be posted on the website of the SCO Secretariat, the SCO Regional Economic Cooperation website and/or the website of the Regional Antiterrorist Structure of the SCO (hereinafter referred to as the RATS) together with other materials of a relevant activity.

2.3. The order of interaction with the Partner.

2.3.1. Upon mutual agreement of the SCO member states and the Partner(s) meetings can be held in the format “SCO member states + Partner(s)” at the level of ministers or plenipotentiary representatives.

Upon completion of meetings a Protocol is adopted which is signed by relevant representatives of the SCO member states and the Partner(s).

2.3.2. The SCO Secretariat and/or the Executive Committee of the SCO RATS sends the Partner on a regular basis copies of open documents of the activities mentioned in Paragraph 2.2.1. of the present Regulations. A relevant decision takes effect on the day of its signing.

The Partner has a right to request the SCO Secretariat to be given documents and decisions of the SCO bodies mentioned in Article 4 of the Charter, provided they are not for limited circulation.

2.3.3. The status of Partner does not give the right to participate in preparation and signing of documents of the Organisation. The Partner does not participate in formulation of decisions of the SCO bodies and does not bear responsibility for such decisions. During the activities envisaged by Paragraph 2.2.1. of the present Regulations the Partner is entitled to an advisory vote on issues of cooperation enlisted in the Memorandum.

2.3.4. The Partner can maintain regular contacts with the SCO Secretariat and/or the Executive Committee of the SCO RATS through official correspondence.

III. Financial issues

3.1. The Partner bears all expenses with regard to its participation in activities in the SCO framework.

3.2. Issues of financial involvement of the Partner in staging exhibitions, days of culture, festivals, contests, sports competitions and other activities of this kind are regulated by the Memorandum.

3.3. Expenses related to conducting an expert assessment of joint multilateral projects in the SCO framework with the Partner’s involvement as well as for other purposes agreed by the parties are covered in accordance with the Memorandum.

3.4. Allocation for partnership purposes of the funds of non-governmental institutions operating in the SCO framework is conducted in accordance with basic documents of such institutions.

3.5. Financial involvement of the Partner in the implementation of joint economic projects in the SCO framework is regulated by respective documents which are concluded separately in each particular case.

IV. Termination of the status of Partner

4.1. A state or an organisation who intends to abandon the status of Partner forwards respective notification to the SCO Secretary-General. The status of Partner becomes invalid on the day of receiving the mentioned notification by the SCO Secretary-General.

4.2. If a state or an organisation with the status of Partner commits actions targeted against the Organisation as well as contradicting decisions of the SCO bodies or the principles set out in the Charter, such a state or an organisation can be stripped of its status of Partner in accordance with the decision of the CHS, the Memorandum can be terminated by the SCO unilaterally.

The SCO Secretary-General notifies a state or an organisation of a relevant decision.

V. Final provisions

5.1. The present Regulations take effect on the day of their approval by the CHS.

5.2. Changes and/or additions can be made to the present Regulations in accordance with the decision of the CHS. A respective decision takes effect on the day of its signing

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