Appendix A.13: The Convention on Counter-Terrorism of 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 Convention on Counter-Terrorism of the Shanghai Cooperation Organization

The member states of the Shanghai Cooperation Organization,

Deeply concerned by the escalation of terrorism, which threatens international peace and security, the territorial integrity of states, the development of friendly relations between states, as well as fundamental human rights and freedoms,

Reaffirming the objectives and principles of the United Nations Charter and the Charter of the Shanghai Cooperation Organization of 7 June 2002,

Pursuant to the provisions of the Shanghai Convention on Combating Terrorism, Separatism, and Extremism of 15 June 2001 and the Concept of Cooperation between SCO Member States on Combating Terrorism, Separatism, and Extremism of 5 July 2005,

Convinced that there can be no justification for crimes covered by this Convention, and that individuals and legal entities perpetrating and (or) complicit in such acts must not escape persecution and punishment,

Taking into account the evolving scope and nature of terrorist acts, and the importance of revitalizing cooperation in this regard,

Understanding the need for ever-expanding efforts in counter-terrorism, and reaffirming that all such efforts must abide by the rule of law, democratic values, fundamental human rights and freedoms, as well as the precepts of international law,

Convinced that the battle against terrorism will be won only through joint efforts,

Have agreed upon the following:

Article 1

The chief aim of this Convention is to promote effective cooperation between contracting states in a common struggle against terrorism.

Article 2

1. For the purposes of this Convention the terms used herein are defined as follows:
   1. Party - a signatory to this Convention;
   2. terrorism - an ideology of violence, and the practice of exerting influence on the decision-making of governments or international organizations by threatening or committing violent and (or) other criminal acts, connected with intimidating the population and aimed at causing injury to private individuals, society or the state;
   3. terrorist act - any act connected with intimidating the population, endangering human life and well-being, and intended to cause significant property damage, ecological disaster or other grave consequences in order to achieve political, religious, ideological or other ends by exerting influence on the decision-making of governments or international organizations, or the threat of committing such acts;
   4. terrorist organization:
      1. a criminal organization, illegal armed group, gang or criminal society formed with the intent to commit and (or) committing criminal acts covered by this Convention;
      2. a legal entity in the name of which, at the behest of which, or on behalf of which any one of the criminal acts covered by this Convention is planned, organized, facilitated or perpetrated;
   5. legal entity - an organization incorporated and operating in accordance with the legal provisions of contracting states.
2. This Article is without prejudice to any international instrument or national law which does or may contain provisions of wider application of terms used herein.

Article 3

This Convention shall apply in cases where detection, prevention, and investigation of offenses covered herein implicate the jurisdiction of more than one Party.

Article 4

The Parties shall exercise their rights and obligations under this Convention in a manner consistent with the principles of sovereign equality, territorial integrity of states, and non-intervention in the internal affairs of other Parties.

Article 5

1. Each Party shall take the necessary measures to establish its jurisdiction over the offenses covered by this Convention in the following cases:
   1. when the offense has been committed in the territory of that Party;
   2. when the offense has been committed on board a vessel flying the flag of that Party or an aircraft registered under the laws of that Party;
   3. when the offence has been committed by a national of that Party.
2. Each Party may also establish its jurisdiction over offenses covered by this Convention in the following cases:
   1. when the offense was aimed at or resulted in the commission of a terrorist act inside the territory or against a national of that Party;
   2. when the offense was aimed at or has been committed against a Party’s facility abroad, including its diplomatic missions or consular premises;
   3. when the offense was aimed at or resulted in the commission of a terrorist act for the purpose of compelling that Party to do or abstain from doing any act;
   4. when the offense has been committed by a stateless person with habitual residence in the territory of that Party;
   5. when the offense has been committed on board a vessel operated by that Party.
3. Each Party shall take such measures as may be necessary to establish its jurisdiction over the offenses covered by this Convention in cases where the alleged offender is present in its territory and it does not extradite that person to any of the Parties.
4. This Convention does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its domestic laws.
5. When more than one Party claims jurisdiction over an alleged offense covered by this Convention, the Parties involved shall, where appropriate, consult with a view to determine the most appropriate jurisdiction.

Article 6

1. The cooperation provided for in this Convention shall be facilitated by competent agencies designated by each Party.
2. On depositing its instruments of ratification or accession to this Convention, each Party shall furnish the Depositary with a register of competent agencies charged with implementing this Convention, which the Depositary shall distribute to other Parties. A Party shall immediately notify the Depositary of any changes to its list of agencies, of which the Depositary shall subsequently notify all other Parties.
3. Competent agencies exercising authority over matters provided for in this Convention shall cooperate directly, within the framework of their respective powers. Regional or other subsidiaries of such agencies may enter into direct contact for the purpose of implementing this Convention in a manner dictated by their respective authorities.
4. Cooperation between respective competent agencies shall be conducted in bilateral and multilateral formats on the basis of a request for assistance or as exchange of intelligence at the initiative of a particular agency.
5. Diplomatic channels, channels of the International Criminal Police Organization or of the Executive Committee of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization may be used for purposes of cooperation.

Article 7

1. The Parties encourage interreligious and intercultural dialogue, involving, where necessary, nongovernmental organizations and other civil society institutions, subject to national law, aimed at defusing tensions that may lead to the commission of offenses covered by this Convention.
2. Each Party shall develop and implement counter-terrorism policies at the national level, in accordance with the fundamental principles of its legal framework, which may include:
   1. scheduled reviews of laws governing counter-terrorism measures, as well as of their efficacy;
   2. cooperation with appropriate international and regional organizations in developing and implementing counter-terrorism measures, including exercises to suppress terrorist acts;
   3. the creation of a central authority coordinating the counter-terrorism activities of competent agencies;
   4. offering professional training of law enforcement forces or other bodies engaged in counter-terrorism activities, and providing appropriate financial, material, and other support for such activities;
   5. payment of due compensation to individuals that provide assistance to state agencies in the prevention and suppression of offenses covered by this Convention, and the discovery of individuals who have committed or are plotting to commit such offenses;
   6. legislative definition of restrictions that may be put into place with a view of preventing terrorist acts;
   7. improving the protection of individuals and facilities, notably by promoting effective cooperation between law enforcement agencies and relevant legal entities, as well as by implementing standards aimed at enhancing security of individuals and facilities;
   8. protection for victims, witnesses, and other participants in criminal proceedings, as well as, where necessary, for other relevant persons;
   9. evolving and implementing criteria for identifying individuals or legal entities complicit in the commission of offenses covered by this Convention;
   10. providing legal entities with sufficient opportunities to assist the state in preventing or detecting offenses covered by this Convention, or plots to commit such offenses, at their facilities;
   11. assisting non-governmental organizations, groups, and private individuals in countering terrorism and promoting non-acceptance of terrorism in society;
   12. educating the public regarding the dangers and negative effects of terrorism, as well as the legal consequences of offenses covered by this Convention;
   13. providing the public with the means of notifying state agencies, anonymously where appropriate, of any activity that may qualify as an offense covered by this Convention.
3. Parties may adopt stricter measures than those provided for by this Convention.

Article 8

Each Party shall adopt the necessary legislative or other measures, in accordance with its domestic legal principles, to counter the financing of terrorism which include, inter alia:

1. collecting and maintaining records on clients and financial transactions;
2. reporting to the competent authorities all suspicious or unreasonable transactions;
3. freezing suspicious or unreasonable financial transactions at the behest of law enforcement or other agencies designated by the Party;
4. furnishing records and information at the request of a court, a prosecutor’s office, investigative or other authorized agencies.

Article 9

1. Each Party shall adopt the necessary legislative measures to establish as criminally punishable offenses the following intentional acts:
   1. terrorist acts;
   2. any act recognized as a crime by any international counter-terrorism treaty to which all the Parties are signatories;
   3. forming and operating a legal entity for the purpose of planning, organizing, facilitating, or committing, any one of the offenses covered by subsections 1, 2, 4-10 of this section, or forming a criminal organization, an illegal armed group or gang, or entering into a conspiracy for the same purpose;
   4. public calls to terrorism or public justification of terrorism; i.e., the dissemination of any appeal to the public for the purpose of inciting the commission of any one of the offenses covered by subsections 1-3, 5-10 of this section, or public declarations calling for the support and emulation of terrorism;
   5. recruitment or other means of soliciting another person to participate in the planning or commission of any one of the offenses covered by subsections 1-4, 6-10 of this section;
   6. training another person to commit or assist in the commission of any one of the offenses covered by subsections 1-5, 7-10 of this section;
   7. participation in a terrorist organization;
   8. financing terrorism; i.e. either collecting or providing funds or financial services with the intention or in the knowledge that they are to be used for planning, organizing, facilitating or committing any one of the offenses covered by subsections 1-7, 9, 10 of this section, or supporting the activities of a terrorist organization;
   9. furnishing another person with weapons, explosive substances, or other means of committing offenses covered by subsections 1-8, 10 of this section;
   10. sheltering, providing financial assistance, or assistance in fleeing justice to individuals suspected of or charged with committing any of the offenses covered by subsections 1-9 of this section, or giving false testimony on their behalf.
2. A Party may also establish as criminal offenses, in accordance with its domestic legal principles, the acts of knowingly harboring, transporting, purchasing or brokering the purchase of property belonging to individuals suspected of or charged with committing any of the offenses covered by section 1 of this article.
3. Acts covered by subsections 3-10 of section 1 of this article are considered offenses regardless of whether a terrorist act was actually committed or whether the person recruited and (or) trained was aware of the terrorist nature of his actions.
4. The Parties are likewise obligated to adopt the necessary legislative measures to establish as criminal offenses any and all acts of assisting in, planning or attempting to commit any of the offenses covered by section 1 of this Article.

Article 10

1. Each Party shall adopt the necessary legislative or other measures, in accordance with its domestic legal principles, to prevent the complicity in any one offense covered by this Convention of any legal entity located in their territory.
2. Each Party shall adopt such measures as may be necessary to establish the liability of a legal entity in cases where it is complicit in any one of the offenses covered by this Convention.
3. Legal entities may bear criminal, civil or administrative liability, in accordance with a Party’s domestic legal principles.
4. Establishing the liability of a legal entity does not exclude criminal liability of persons participating in its activities, who have committed offenses covered by this Convention.
5. Each Party shall ensure the following measures may be exercised with respect to legal entities complicit in offenses covered by this Convention:
   1. warning;
   2. fine;
   3. confiscation of property of a legal entity;
   4. suspension of activities of a legal entity;
   5. prohibiting specific types of activities of a legal entity;
   6. liquidation of a legal entity.
6. Each Party shall adopt legislative measures allowing for the designation of a legal entity as a terrorist organization and its liquidation by order of a court or of another agency authorized by domestic law, in cases where the legal entity engages in planning, organizing, facilitating or committing actions that constitute any one of the offenses covered by this Convention. These same measures may be applied in cases where planning, organization, facilitation or commission of offenses covered by this Convention is carried out by an individual responsible for administering a legal entity with respect to its rights and obligations.
7. Provisions of this Article extend to cases where subsidiaries (representative offices or branches) of foreign legal entities, operating in the territory of a Party, are found to be complicit in offenses covered by this Convention.

Article 11

1. The offenses covered by this Convention shall be deemed by the Parties to be extraditable offenses, subject to the transfer of sentenced persons and provision of legal assistance.
2. The offenses described in this Convention shall be deemed to be included as extraditable offenses in any extradition treaty existing between any of the Parties. The Parties undertake to include such offenses as extraditable offenses in every extradition treaty to be subsequently concluded between them.
3. When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, the requested Party shall consider this Convention, in accordance with its domestic legal principles, as a legal basis for extradition in respect of the offenses covered by this Convention.
4. Parties which do not make extradition conditional on the existence of a treaty shall recognize offenses covered by this Convention as extraditable offenses, subject to the conditions provided by the law of the requested Party.
5. In cases where the principle of dual criminality must be observed with respect to extradition or legal assistance, this principle shall be deemed observed regardless of whether the laws of the requested Party place the relevant act in the same category of offenses or describes it in the same terms as the requesting Party, if the act in question is deemed to be criminally punishable in accordance with the laws of the Parties.
6. For the purposes of extradition, offenses covered by this Convention shall be treated as if they had been committed in the territory of the Parties that have established jurisdiction in accordance with Article 5 of this Convention, regardless of where the offenses actually occurred.
7. The definition of offenses covered by this Convention and the legal basis establishing liability of legal entities complicit in commission thereof shall be within the scope of the national law of the Parties.
8. A person convicted of any one of the offenses covered by this Convention, may be handed over, with that person’s consent, for the serving of his sentence, to the Party of which that person is a national, in accordance with an existing treaty or mutual accord, at the request of the prosecuting Party or the Party of which that person is a national.
9. The Party in the territory of which the individual who has committed any one of the offenses covered by this Convention is present, if it does not extradite that person solely on the grounds that that person is its national, is obliged to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that Party.

Article 12

1. The competent agencies of the Parties, upon request or on their own initiative, shall exchange information (documents, materials, or other information) regarding issues covered by this Convention for the purpose of preventing or combating terrorism.
2. All information indicated in section 1 of this Article shall be furnished upon request from a competent agency of the requesting Party on condition that it will not be transmitted to anyone without the prior written consent from a competent agency of the requested Party.
3. The Parties’ competent agencies shall not disclose information concerning a request or its contents, and shall use it solely for the purpose of complying with the request, if agreed to by the competent agencies of the requesting Party, and shall also maintain the confidentiality of the information provided by the requested Party and use it only to the extent necessary for investigation, court proceedings, or to carry out procedures provided for by the request.

Article 13

1. A request shall be fulfilled in accordance with this Convention and the laws of the requested Party.
2. When a request is fulfilled the laws of the requesting Party may be applied, at that Party’s request, except as dictated otherwise by the laws of the requested Party. The application of the laws of the requesting Party must not impair the sovereignty and national security of the requested Party.

Article 14

1. The request shall be in writing and must list:
   1. the competent agencies of the requesting and requested Parties;
   2. the subject of and the grounds for the request;
   3. the substance of the case, including such facts (time, place and circumstances of commission) in connection with which search operations, investigation, or court proceedings are being conducted;
   4. statements of the laws or, where not possible, summaries of their provisions, as well as a statement that the requested measure or any other measure leading to analogous results may be undertaken in the territory of the requesting Party in accordance with its laws;
   5. an indication of the degree of restricted access, if necessary.
2. A request to impose sanctions on a legal entity must contain, in addition to items indicated in section 1 of this Article, the following:
   1. name of legal entity, information concerning its location, legal address, and its management;
   2. list of the sanctions;
   3. statement of concrete actions requested by the requesting Party;
   4. information on property subject to seizure or confiscation (its location, connection to the offense in question, as well as any available information on the claims of other persons to that property);
   5. a certified copy of the decision of a court or another competent agency of the requesting Party and a summary of the grounds for that decision;
   6. a summary of the facts upon which a request is being made, which facts must be sufficient for the requested Party to make its decision, in accordance with its laws.
3. In cases where a request is made to question persons suspected or accused of a crime, it must be accompanied by certified copies of the necessary documents related to the case in question.
4. The requested Party shall inform the requesting Party no later than 30 days from the date a request is received, unless otherwise agreed in each specific instance:
   1. of any actions undertaken with respect to the request and their outcome;
   2. of any circumstances that prevent or will substantially delay the fulfillment of the request.
5. The requesting Party shall immediately inform the requested Party:
   1. of a reversed decision or any other circumstances in consequence of which the decision to impose sanctions upon a legal entity is partially or wholly voided;
   2. of any changes which render any action dictated by this Convention unwarranted.
6. A Party petitioning for sanctions against a legal entity from several Parties on the basis of the same decision shall inform all Parties interested in the fulfillment of this decision.

Article 15

1. The competent agencies of each Party shall fulfill a request:
   1. to extradite a person to stand trial or serve a sentence imposed by a court;
   2. to locate and detain a person;
   3. to carry out specific procedural acts, inter alia:
      1. soliciting expert reports;
      2. questioning persons suspected or accused of crimes, witnesses, victims, or other persons;
      3. conducting searches or seizures;
      4. transmitting material evidence;
      5. seizure of property;
      6. serving or forwarding of documents;
      7. other actions within the scope of their competency;
   4. furnishing evidence;
   5. imposing sanctions against legal entities;
   6. locating persons suspected of committing any one of the offenses covered by this Convention;
   7. locating property subject to confiscation;
   8. taking action with respect to any other circumstances and issues within the purview this Convention.

Article 16

1. A request shall be signed by the head of a competent agency of the requesting Party or by a surrogate, and (or) must carry the seal of that agency.
2. Urgent requests may be transmitted orally, but any such request and the necessary documents must be transmitted in writing no later than 72 hours thereafter, by electronic means where necessary.
3. In cases where the authenticity of a request or its contents is in doubt, confirmation or clarification may be requested.
4. In cases where multiple requests concerning the same matter are received in accordance with the provisions of this Convention, the requested Party shall determine which request is to be given priority.
5. In cases where the requested Party’s competent agency is not authorized to fulfill a request, it shall without delay submit the request to another agency within its government, and without delay notify the competent agency of the requesting Party.
6. The competent agency of the requested Party may request additional information that it considers necessary to fulfill the request.

Article 17

1. A competent agency of the requested Party may postpone action on a request if such action may impede its search efforts, investigation or court proceedings.
2. A competent agency of the requested Party may refuse a request if it threatens the sovereignty or national security of the requested Party or contravenes its laws.
3. Before postponing action or refusing a request, a competent agency of the requested Party shall consult, where necessary, with the competent agency of the requesting Party which had filed the request.
4. In cases where a request is postponed or refused, a competent agency of the requested Party shall without delay inform the initiator of the request, stating its reasons for the decision.

Article 18

1. A Party conducting a criminal investigation of persons suspected of or charged in connection with offenses covered by this Convention, if it ascertains that such persons are present in the territory of another Party may, upon receiving permission from that Party’s competent agencies, dispatch its agents to the territory of the requested Party to assist in search efforts or investigation.
2. Agents of the requesting Party may assist in search efforts or investigation on the territory of the requested Party in accordance with the laws of the requested Party and the international treaties to which the Parties are signatories.
3. The requested Party shall establish the procedures for granting permission to agents of the requesting Party to assist in search efforts or investigation as per request filed in accordance with Articles 14-18 of this Convention.
4. In cases where agents of competent agencies are dispatched to assist in search efforts or investigation, a request for their participation must be accompanied by the following:
   1. the agents’ personal information;
   2. purpose of travel, a list of search and investigative actions, a statement of the time frame and manner in which they are to be conducted;
   3. in cases where vehicles are used: types of vehicle used, number of vehicles and registration information for each vehicle;
   4. any other information as necessary.
5. The competent agency of the requested Party shall make a decision within five days ‎from the date a request is received and inform the requesting Party without delay. Any decision may include conditions imposed by the requested Party’s competent agency.
6. In cases where a request for permission does not confirm to requirements indicated in section 4 of this Article, or is in some way incomplete, the competent agency of the requested Party may request additional information.
7. Agents of the requesting Party’s competent agencies deployed in the territory of the requested Party in accordance with established procedures shall abide by the laws of the host Party and by any other conditions governing their mission.
8. Agents of the requesting Party’s competent agencies assisting in search efforts or investigation in the territory of the requested Party conducted by agents of the requested Party’s competent agencies are obligated:
   1. to comply with the laws of the Party in whose territory they are present and to abide by the legal requirements of the host Party’s agencies;
   2. to furnish the requested Party with any information they receive.
9. Participation in search efforts or investigation shall be terminated without delay on the request of the competent agency of the party in whose territory they are being conducted.
10. Parties may conclude separate agreements concerning any provisions stated in this Article.

Article 19

Evidence collected by the requested Party’s competent agencies in the course of fulfilling a request in accordance with its laws shall carry the same evidentiary force in the territory of the requesting Party.

Article 20

1. When executing a decision on the confiscation of property of private persons or legal entities complicit in the commission of offenses covered by this Convention, the requested Party shall recognize any and all legal decisions rendered by the requesting Party concerning the rights of a third party.
2. Such recognition may be refused in one of the following instances:
   1. if the third party was not given sufficient opportunity to provide notification of its rights;
   2. if the third party provides unambiguous and reasonable notification of their rights;
   3. if the decision contradicts a decision already rendered by the requested Party on the same issue;
   4. if the decision contravenes the laws of the requested Party;
   5. if the decision was rendered contrary to provisions concerning exclusive jurisdiction provided for by the laws of the Requested Party.

Article 21

1. Documents submitted in accordance with this Convention shall be exempt from all certification formalities.
2. Documents issued in the territory of one of the Parties or certified by a competent agency or by a specially authorized person in due form and within the scope of his competence and bearing a seal shall be recognized by all other Parties without any special certification.
3. Documents recognized as official by one of the Parties possess the evidentiary force of official documents in the territories of other Parties.

Article 22

1. Agencies competent in matters covered by this Convention, may direct official documents concerning any person or legal entity, located in the territory of another Party, through diplomatic channels or other means, as well as through the competent agencies of another Party.
2. Agencies competent in matters covered by this Convention, shall provide mutual assistance in serving official documents on persons or legal entities.

Article 23

The Parties shall take the necessary measures to prevent the granting of refugee status and corresponding documents to persons complicit in offenses covered by this Convention.

Article 24

1. A Party shall take the necessary measures at the request of another Party to ensure the liability of a legal entity complicit in offenses covered by this Convention, inter alia:
   1. seizing property that may subsequently be subject to confiscation;
   2. suspending (freezing) financial transactions;
   3. suspending certain kinds of activities of a legal entity (radio and television broadcasts, print or online publications).
2. All measures covered by section 1 of this Article shall be carried out in accordance with the laws of the requested Party and this Convention.
3. Before abolishing any measure provided for by this Convention, the requested Party shall furnish the requesting Party with the opportunity to voice its arguments in support of that measure.

Article 25

1. A Party receiving a request connected with the imposition of sanctions on a legal entity (or its subsidiary) complicit in the commission of any one of the offenses covered by this Convention, which is located, possesses property, or conducts activity in its territory:
   1. shall either execute the decision of a court or another competent agency of the requesting Party concerning requested sanctions;
   2. or initiate an inquiry in accordance with its laws concerning the imposition of such sanctions on the basis of facts and conclusions provided in the requesting Party’s decision.
2. Sanctions against a legal entity shall be imposed in accordance with the laws of the requested Party.

Article 26

With regard to confiscation, the Parties shall adopt the necessary measures, in accordance with their domestic legal principles:

1. to seize funds, securities, valuables, weapons and their component (spare) parts, ammunition, explosive substances or any other property intended for use (or used) as a weapon to commit offenses or for the financing of any one of the offenses covered by this Convention;
2. to seize funds in proportion to the estimated value of property, if such property as covered by this Article may not be seized.

Article 27

1. A request for seizure of property of persons or legal entities, submitted in accordance with this Convention, shall not impinge on the right of the requested Party to put into action its own decision concerning the confiscation of the property of said persons or legal entities.
2. The total value of confiscated property may not exceed the amount indicated in the confiscation decision. If either Party believes that this may be the case, the Parties shall consult with a view to avoid such an outcome.
3. Any property of a legal entity, liquidated in accordance with the provisions of this Convention, remaining after creditors have been satisfied, is also subject to confiscation.
4. Each Party in possession of confiscated property shall ensure the safety of any such property and dispose of it in accordance with its national legal principles.
5. Confiscated property or funds of equal value may be transferred in part or in full to the requested Party with the consent of Parties concerned.

Article 28

Each Party shall bear all expenses connected with its fulfillment of this Convention, unless otherwise agreed.

Article 29

1. In cases where a Party brings a suit for reparation of damages, stemming from wrongful action or inaction in connection with cooperation in accordance with this Convention, the Parties shall consider the possibility of consultation with a view to distribute the amount to be paid as reparation.
2. A Party against which a suit for reparations is brought, shall notify all interested Parties.

Article 30

The provisions of this Convention shall not limit the right of any Party to conclude other international treaties on issues addressed by this Convention, which do not contravene its objectives, nor impinge on the rights and obligations of any Party dictated by any other international treaty to which it is a signatory.

Article 31

1. This Convention is concluded for an indefinite term.
2. This Convention is subject to ratification by its signatory states. The instruments of ratification shall be deposited with the Depositary. This Convention shall enter into force on the thirtieth day following the date of the deposit of the fourth instrument of ratification.
3. For each Party ratifying this Convention after the deposit of the fourth instrument of ratification, the Convention shall enter into force on the thirtieth day after the deposit by such Party of its instrument of ratification.
4. The Depositary for this Convention shall be the Secretariat of the Shanghai Cooperation Organization.

Article 32

1. With the consent of all SCO member states, this Convention shall be open for accession by any state that supports its provisions through notifying the Depositary of its accession.
2. For each acceding state this Convention shall enter into force on the thirtieth day after the Depositary receives notification of accession.

Article 33

In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations.

Article 34

This Convention may be modified or extended, which changes, filed as separate documents, shall constitute an integral part thereof. Any Party may propose amendments or additions by communicating such a proposal to the Depositary, who shall without delay submit it to all Parties for consideration.

Article 35

Any Party may withdraw from this Convention by notifying the Depositary in writing six months prior to the date of anticipated withdrawal. The Depositary shall notify all Parties of this intention within 30 days from the date it receives notification of withdrawal.

Article 36

Any dispute which may arise between the Parties concerning the interpretation or application of the provisions of this Convention shall be settled through consultation and negotiation between Parties concerned.

Article 37

1. For purposes of cooperation within the framework of this Convention the official and working languages shall be Chinese and Russian.
2. The original copy of this Convention shall be deposited with the Depository, who shall forward certified copies thereof to all signatory Parties.

Done in Yekaterinburg, this sixteenth day of June 2009, in Chinese and Russian, both texts being equally authoritative, in a single original copy.

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