Appendix A.3: Agreement Between the Member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure

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

Agreement between the Member States of the Shanghai Cooperation Organization on the Regional Anti-Terrorist Structure

The member states of the Shanghai Cooperation Organization, being members of the Convention on Combating Terrorism, Separatism, and Extremism of 15 June 2001 (hereinafter Parties), guided by the goals and principles of the United Nations concerning the maintenance of international peace, security, and the promotion of good-neighborly and friendly relations and cooperation between states,

recognizing that terrorism, separatism, and extremism constitute a threat to international peace and security, to the development of friendly relations between states, and the enjoyment of fundamental human rights and freedoms,

being convinced of the necessity of mutually agreeable actions in the interests of ensuring the territorial integrity, security, and stability of the Parties, including through the strengthening of cooperation in combating terrorism, separatism, and extremism,

proceeding from the Declaration on the Establishment of the Shanghai Cooperation Organization of 15 June 2001, the Shanghai Convention on Combating Terrorism, Separatism, and Extremism of 15 June 2001 (hereinafter the Convention), and the Charter of the Shanghai Cooperation Organization of 7 June 2002,

have agreed as follows:

Article 1

For the purposes of the present Agreement the following concepts shall mean:

official – an individual sent by a Party to work at the Executive Committee of RATS and appointed to
a corresponding position by the Director;

representative – an individual whom the sending Party has entrusted with the duty to act in this capacity at the Council of RATS;

associate – an individual sent by a Party to perform functions connected with the activities of the representative;

premises – the buildings or portions of buildings regardless of their owner and form of ownership, and including the parcel of land or portion thereof ancillary thereto;

host state – a Party on whose territory the headquarters or a division of RATS is located.

Article 2

The Parties shall found the Regional Anti-Terrorist Structure (hereinafter RATS) of the Shanghai Cooperation Organization (hereinafter SCO). The headquarters of RATS shall be located in the city of Bishkek in the Kyrgyz Republic.

Upon necessity the Council of Heads of Member States of the SCO may establish divisions of RATS on the territories of the Parties.

The status of a division of RATS and the individuals working in it shall be determined by an agreement between the SCO and the government of the host state.

Article 3

RATS shall be a permanent body of the SCO and is intended to assist in the coordination and collaboration of the Parties’ competent agencies in combating terrorism, separatism, and extremism, as these activities are defined in the Convention.

Article 4

RATS shall have the status of a juridical person, and in this capacity has right, in particular:

• to conclude agreements;
• to acquire and dispose of real and movable property;
• to open and operate bank accounts in any currency;
• to initiate complaints in courts and participate in court proceedings.

The rights provided by the present Article shall be implemented in the name of RATS by the Director of the Executive Committee of RATS (hereinafter Director).

Article 5

The activity of RATS shall be funded from the budgetary resources of the SCO. The procedure for funding RATS shall be determined by documents that regulate issues of the SCO’s budget.

Article 6

The fundamental objectives and functions of RATS shall be:

1. developing of proposals and recommendations concerning the development of cooperation in combating terrorism, separatism, and extremism for the relevant SCO structures, including at the request of the Parties;
2. assistance to the competent agencies of the Parties at the request of one of the Parties in combating terrorism, separatism, and extremism, including in accordance with the provisions of the Convention;
3. collection and analysis of information received by RATS from the Parties regarding issues of combating terrorism, separatism, and extremism;
4. formation of the RATS database, specifically regarding:
   • international terrorist, separatist, and other extremist organizations, their structure, leaders, and members, other individuals associate with these organizations, as well as the financing sources and channels of these organizations;
   • status, dynamics, and trends in the spread of terrorism, separatism, and extremism that affect the interests of the Parties;
   • non-governmental organizations and individuals providing support for terrorism, separatism, and extremism;
5. providing information upon requests by the competent agencies of the Parties;
6. assistance in preparing and executing anti-terrorist command and staff exercises and operational and tactical exercises upon request by the Parties concerned;
7. assistance in the preparation and execution of operational search and other actions in combating terrorism, separatism, and extremism upon the request of the Parties;
8. assistance in conducting international searches for individuals alleged to have committed activities set forth in Article 1(1) of the Convention in order to criminally prosecute them;
9. participation in preparing international legal documents affecting issues of combating terrorism, separatism, and extremism;
10. assistance in training specialists and instructors for anti-terrorist subdivisions;
11. participation in preparing and conducting research and practice conferences and seminars, and assistance in exchanging experience regarding issues of combating terrorism, separatism, and extremism;
12. establishment and support of working contacts with international organizations engaged in issues of combating terrorism, separatism, and extremism.

Article 7

RATS shall be guided in its activities by documents and resolutions concerning combating terrorism, separatism, and extremism adopted within the framework of the SCO.

RATS shall collaborate with the competent authorities of the Parties, including exchanging information, and shall prepare relevant materials upon the request of other SCO agencies.
The procedure for the creation and functioning of the RATS database, as well as issues concerning the provision, exchange, use, and protection of the relevant information shall be regulated by separate agreements.

Article 8

The Parties shall determine a list of their competent agencies that shall collaborate with RATS.

The Parties shall provide written notice of this to the Depositary within 30 days after the internal procedures necessary for the entry into force of this Agreement have been completed.

In case of any amendments to a Party’s list of central competent authorities, that Party shall send written notification to the Depositary.

Article 9

The authorities of RATS are the Council of RATS (hereinafter Council) and the Executive Committee established by the present Agreement. The Council may create the necessary auxiliary authorities.

Article 10

The Council shall consist of the Parties to the present Agreement.

The Council shall be organized to function on a standing basis. For this purpose each party must always (continually) be represented where RATS is located.

The Council shall meet periodically for sessions at which each Party may, at its discretion, be represented either by the leader of the relevant competent authority or by another specially-appointed representative.

The Council shall determine the manner in which the fundamental objectives and functions of RATS set forth in Article 6 of the present Agreement shall be carried out.

In accordance with the powers of RATS stated in the present Agreement, the Council shall adopt resolutions of a mandatory nature on all matters of substance, including financial issues.

The Council shall provide annual reports on the activities of RATS to the Council of Heads of State of the SCO.

A resolution in the Council on any issue shall be considered adopted if none of the Parties have objected to it.

The Council shall establish its procedural rules, including the order of selecting its chairperson.

Article 11

The Executive Committee shall consist of the Director and such personnel as may be required to ensure the normal functioning of RATS.

The Director shall be the chief administrative officer of the Executive Committee and shall act in that capacity at all sessions of the Council, as well as fulfilling other functions entrusted to him by this authority.

The Director and his deputy (deputies) shall be appointed by the Council of Heads of State of the SCO upon the recommendation of the Council.

The procedure for replacing the Director and his deputy (deputies) shall be established by the Council.

The Director has the right to bring to the attention of the Council any issues within the framework of the competence of RATS that in his opinion require examination by that authority.

The Director with the consent of the Council shall appoint the officials of the Executive Committee from among the citizens of the Parties, taking into consideration the contributions of the respective Parties to the budget of the SCO and/or shall hire them by contract from among the citizens of the Parties.

The structure of the Executive Committee, as well as its staffing structure, shall be confirmed by the Council of Heads of State of the SCO on the basis of the Director’s proposals approved by the Council.

In fulfilling his obligations, the Director, his deputy (deputies), and the officials of the Executive Committee must not request or accept instructions from the government agencies or officials of the Parties, nor from organizations or private individuals outside the SCO.

The Parties are obligated to respect the international nature of the Director’s obligations and those of his deputy (or deputies) and of the officials of the Executive Committee, and not to exert influence on them during the performance of their official duties.

Article 12

The Executive Committee of RATS shall be composed of individuals sent by the Parties to work at the Executive Committee of RATS in accordance with the procedure provided for by their domestic legislation.

Labor relations between administrative and technical personnel and the Executive Committee of RATS shall be regulated by the legislation of the relevant host state of RATS.

Article 13

The property and assets of RATS shall enjoy immunity from any form of administrative or judicial interference.
The premises and transportation conveyances of RATS, as well as its archives and documents, including official correspondence, regardless of location, are not subject to search, requisition, confiscation, or any other form of interference that would impede its normal activity.

The chairpersons of the relevant government agencies and the administration of the host state may not enter the premises of RATS other than with the consent of the Director or an individual replacing him and upon conditions approved by him.

The performance of other acts by decision of the relevant government agencies and the administration of the host state may occur on the premises of RATS only with the consent of the Director or an individual replacing him.

The host state shall take appropriate measures to protect the premises of RATS from any incursion or damage.

The premises of RATS may not provide asylum for individuals pursued according to the laws of any of the Parties or subject to extradition to any of the Parties or to a third state.

The inviolability of the premises of RATS does not provide the right to use them for purposes incompatible with the functions or objectives of the SCO.

RATS has the right to use ciphers, couriers, and other means of communication ensuring the confidentiality of information transmission. RATS has the right to receive and to send correspondence using couriers or bags, which shall enjoy the same immunities and privileges as diplomatic couriers and bags.

All items comprising official correspondence must have visible external markings indicating their nature and may contain only official documents and objects intended for official use.

A courier must be provided with an official document indicating his status and the number of items comprising the official correspondence.

Article 14

RATS shall be free from all direct taxes, duties, customs, and other payments imposed on the territory of the host state with the exception of those that are payments for concrete types of support (services).

The property and objects intended for the official use of RATS shall be free on the territories of the Parties from the assessment of customs duties, taxes, and the duties and payments connected with them, with the exception of duties for transportation, storage, or customs processing outside the place designated for these or outside the working hours of the relevant customs agencies or a similar service in the manner provided for international organizations.

Article 15

The Council of Heads of States of SCO may waive in the name of the SCO the privileges and immunities provided to RATS in a clearly expressed form.

Article 16

1. The Director, his deputy (deputies), representatives, associates, as well as the members of their families dwelling with them shall enjoy the privileges and immunities envisioned by the 1961 Vienna Convention on Diplomatic Relations, to the corresponding extent and manner, except as otherwise established by the present Agreement.
2. Officials and their family members dwelling with them shall have equivalent status to diplomatic personnel and to family members of diplomatic personnel of the Party’s embassy whose citizens they are or where they permanently reside.
3. The Director, with the consent of the Council, may waive the immunity of an official in situations when in his opinion immunity will impede the administration of justice and a waiver of immunity will not harm the goals in connection with which it was granted.

A decision regarding the waiver of immunity of the Director or his deputy (or deputies) shall be taken by the Council.

A waiver of immunity must be explicitly stated.

4. Provisions 1, 2, and 3 of the present Article shall be effective until the date a separate agreement enters into force regulating issues of privileges and immunities of the SCO and its authorities and which will specify the privileges and immunities of RATS, the Director, his deputy (deputies), officials, representatives, and associates, as well as their family members dwelling with them.

Article 17

Upon completion of their work at RATS, the Director, his deputy (deputies), and officials shall be assigned at the direction of the Party agencies that sent them.

Article 18

All individuals enjoying privileges and immunities in accordance with the present Agreement shall be obligated to respect the legislation of the state of residence without harm to their privileges and immunities. They are also obligated not to interfere in that state’s internal affairs.

Article 19

The Parties shall recognize the official documents, seals, and stamps of RATS.

Article 20

Credit for labor in length of service years, the pension security of the Director, his deputy (deputies), an official, representative, and associate, as well as that of their family members dwelling with them shall occur in the manner and upon the conditions specified by the legislation of the sending Party.

The procedure for medical and health resort service for the director, his deputy (deputies), an official, representative, and associate, as well as their family members dwelling with them shall be determined by an agreement between the SCO and the government of the host state.

The Director, his deputy (deputies), an official, representative, and associate, as well as the members of their families dwelling with them shall enjoy the corresponding rights of citizens of the host state on issues of payment for communal and household, residential, medical, hotel, transportation, and other types of service.

Article 21

The official languages of RATS shall be Russian and Chinese, and the working language shall be Russian.

Article 22

With the consent of all the Parties, amendments and additions may be made to the text of the present Agreement in the form of Protocols which shall constitute an integral part of this Agreement.

Article 23

The present Agreement 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 run counter to its purposes and object, nor shall it affect the rights and obligations of the Parties arising from any other international treaties of which they are members.

Article 24

Any disputes concerning the interpretation or application of the present Agreement shall be resolved through consultation and negotiation between the Parties concerned.

Article 25

The Depositary for the present Agreement shall be the People’s Republic of China. Official copies of the present Agreement shall be distributed by the Depositary to the other Parties within 15 days of the date it is signed.

Article 26

The present Agreement is subject to ratification and shall enter into force on the thirtieth day from the date the fourth instrument of ratification is deposited.

The present Agreement shall be open for accession by states that are members of the Convention.

For each acceding State this Agreement shall enter into force on the thirtieth day from the date the Depositary receives the instrument of accession.

Any of the Parties may withdraw from this Agreement by notifying the Depositary in writing 12 months prior to the date of anticipated withdrawal. The Depositary shall notify the other Parties of said intention within 30 days from the date it receives notification of the withdrawal. Done in the city of St. Petersburg on 7 June 2002 in one original copy in the Russian and Chinese languages, both texts having equal validity.

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