The Shanghai Convention on Combating Terrorism, Separatism and Extremism is an agreement between several Central Asian countries and China to cooperate in preventing, identifying, and suppressing acts of terrorism, separatism, and extremism. The convention defines these terms and requires parties to exchange information, conduct joint operations, and prosecute related crimes. It also seeks to prevent financing of terrorist acts and to criminalize training for terrorist activities.
Original Description:
Convention of the SCO
Original Title
Shanghai Convention on Combating Terrorism_English
The Shanghai Convention on Combating Terrorism, Separatism and Extremism is an agreement between several Central Asian countries and China to cooperate in preventing, identifying, and suppressing acts of terrorism, separatism, and extremism. The convention defines these terms and requires parties to exchange information, conduct joint operations, and prosecute related crimes. It also seeks to prevent financing of terrorist acts and to criminalize training for terrorist activities.
The Shanghai Convention on Combating Terrorism, Separatism and Extremism is an agreement between several Central Asian countries and China to cooperate in preventing, identifying, and suppressing acts of terrorism, separatism, and extremism. The convention defines these terms and requires parties to exchange information, conduct joint operations, and prosecute related crimes. It also seeks to prevent financing of terrorist acts and to criminalize training for terrorist activities.
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 hereinafter referred to as !the Parties!", guided by the purposes and principles of the Charter of the United #ations concerning pri$arily the $aintenance of international peace and security and the pro$otion of friendly relations and cooperation a$ong %tates& a'are of the fact that terroris$, separatis$ and e(tre$is$ constitute a threat to international peace and security, the pro$otion of friendly relations a$ong %tates asis$, separatis$ and e(tre$is$, as de)ned in this Con*ention, regardless their $oti*es, cannot be justi)ed under any circu$stances, and that the perpetrators of such acts should be prosecuted under the la'& belie*ing that joint e+orts by the Parties 'ithin the fra$e'ork of this Con*ention are an e+ecti*e for$ of co$bating terroris$, separatis$ and e(tre$is$, ha*e agreed as follo's,
Article 1
-. For the purposes of this Con*ention, the ter$s used in it shall ha*e the follo'ing $eaning, -" !terroris$! $eans, a. any act recognized as an o+ence in one of the treaties listed in the /nne( to this Con*ention hereinafter referred to as !the /nne(!" and as de)ned in this Treaty& b. other act intended to cause death or serious bodily injury to a ci*ilian, or any other person not taking an acti*e part in the hostilities in a situation of ar$ed con0ict or to cause $ajor da$age to any $aterial facility, as 'ell as to organize, plan, aid and abet such act, 'hen the purpose of such act, by its nature or conte(t, is to inti$idate a population, *iolate public security or to co$pel public authorities or an international organization to do or to abstain fro$ doing any act, and prosecuted in accordance 'ith the national la's of the Parties& 1" !separatis$! $eans any act intended to *iolate territorial integrity of a %tate including by anne(ation of any part of its territory or to disintegrate a %tate, co$$itted in a *iolent $anner, as 'ell as planning and preparing, and abetting such act, and subject to cri$inal prosecuting in accordance 'ith the national la's of the Parties& 2" !3(tre$is$! is an act ai$ed at seizing or keeping po'er through the use of *iolence or changing *iolently the constitutional regi$e of a %tate, as 'ell as a *iolent encroach$ent upon public security, including organization, for the abo*e purposes, of illegal ar$ed for$ations and participation in the$, cri$inally prosecuted in confor$ity 'ith the national la's of the Parties. 1. This /rticle shall not a+ect any international treaty or any national la' of the Parties, pro*ides or $ay pro*ide for a broader application of the ter$s used in this /rticle.
Article 2
-. The Parties, in accordance 'ith this Con*ention and other international obligations and 'ith due regard for their national legislations, shall cooperate in the area of pre*ention, identi)cation and suppression of acts referred to in /rticle - -" of this Con*ention. 1. 4n their $utual relations, the Parties shall consider acts referred to in /rticle - -" of this Con*ention as e(traditable o+ences. 2. 4n the course of i$ple$entation of this Con*ention 'ith regard to issues concerning e(tradition and legal assistance in cri$inal cases, the Parties shall cooperate in confor$ity 'ith international treaties to 'hich they are parties and national la's of the Parties.
Article 3
The Parties shall take such $easures as can pro*e necessary, including, as appropriate, in the )eld of their do$estic legislation, in order to ensure that in no circu$stances acts referred to in /rticle - -" of this Con*ention should be subject to ac5uittal based upon e(clusi*ely political, philosophical, ideological, racial, ethnic, religious or any other si$ilar considerations and that they should entail punish$ent proportionate to their gra*ity.
Article 4
-. 6ithin 78 days after the 9epositary has been noti)ed about the co$pletion of internal procedures necessary for the entry into force of this Con*ention, a Party shall pro*ide to the 9epositary, through diplo$atic channels, in 'riting a list of its central co$petent authorities responsible for the i$ple$entation of this Con*ention, and the 9epositary shall trans$it the abo*e list to other Parties. 1. #eutral co$petent authorities of the Parties in charge of issues relating to i$ple$entation of the pro*isions of this Con*ention shall directly co$$unicate and interact 'ith each other. 2. 4n case of any a$end$ents to the list of central co$petent authorities of a Party, that Party shall send an appropriate noti)cation to the 9epositary 'ho shall infor$ the other Parties accordingly.
Article 5
Upon $utual consent, the Parties can hold consultations, e(change *ie's and coordinate their positions on issues of co$bating acts referred to in /rticle - -" of this Con*ention, including 'ithin international organizations and at international foru$s.
Article 6
4n accordance 'ith this Con*ention, the central co$petent authorities of the Parties shall cooperate and assist each other through, -" 3(change of infor$ation& 1" 3(ecution of re5uests concerning operational search actions& 2" 9e*elop$ent and i$ple$entation of agreed $easures to pre*ent, identify and suppress acts referred to in /rticle - -" of this Con*ention, as 'ell as $utual infor$ation on the results of their i$ple$entation& :" 4$ple$entation of $easures to pre*ent, identify and suppress, in their territories, acts referred to in /rticle - -" of this Con*ention, that are ai$ed against other Parties& ;" 4$ple$entation of $easures to pre*ent, identify and suppress )nancing, supplies of 'eapons and a$$unition or any other for$s of assistance to any person and<or organization for the purpose of co$$itting acts referred to in /rticle - -" of this Con*ention& 7" 4$ple$entation of $easures to pre*ent, identify, suppress, prohibit or put an end to the acti*ities ai$ed at training indi*iduals for the purpose of co$$itting acts referred to in /rticle - -" of this Con*ention& =" 3(change of regulatory legal acts and infor$ation concerning practical i$ple$entation thereof& >" 3(change of e(perience in the )eld of pre*ention, identi)cation or suppression of acts referred to in /rticle - -" of this Con*ention& ?" @arious for$s of training, retraining or upgrading of their e(perts& -8" Conclusion, upon $utual consent of the Parties, of agree$ents on other for$s of cooperation, including, as appropriate, practical assistance in suppressing acts referred to in /rticle - -" of this Con*ention and $itigating conse5uences thereof. %uch agree$ents shall be for$alized in appropriate protocols that shall for$ an integral part of this Con*ention.
Article
The central co$petent authorities of the Parties shall e(change infor$ation of $utual interest, inter alia, on, -" Planned and co$$itted acts referred to in /rticle - -" of this Con*ention, as 'ell as identi)ed and suppressed atte$pts to co$$it the$& 1" Preparations to co$$it acts referred to in /rticle - -" of this Con*ention, ai$ed against heads of state or other states$en, personnel of diplo$atic $issions, consular ser*ices and international organizations, as 'ell as other persons under international protection and participants in go*ern$ental *isits, international and go*ern$ental political, sports and other e*ents& 2" Arganizations, groups and indi*iduals preparing and<or co$$itting acts referred to in /rticle - -" of this Con*ention or other'ise participating in those acts, including their purposes, objecti*es, ties and other infor$ation& :" 4llicit $anufacturing, procure$ent, storage, transfer, $o*e$ent, sales or use of strong to(ic, and poisonous substances, e(plosi*es, radioacti*e $aterials, 'eapons, e(plosi*e de*ices, )rear$s, a$$unition, nuclear, che$ical, biological or other types of 'eapons of $ass destruction, as 'ell as $aterials and e5uip$ent 'hich can be used for their production, for the purpose of co$$itting acts referred to in /rticle - -" of this Con*ention& ;" 4denti)ed or suspected sources of )nancing of acts indicated in /rticle - -" of this Con*ention& 7" For$s, $ethods and $eans of co$$itting acts indicated in /rticle - -" of this Con*ention.
Article !
-. Cooperation a$ong central co$petent authorities of the Parties 'ithin the fra$e'ork of this Con*ention shall be carried out in a bilateral or $ultilateral for$at on the basis of a re5uest for assistance as 'ell as by 'ay of pro*iding infor$ation upon the initiati*e of the central co$petent authority of a Party. 1. Re5uests or infor$ation shall be for'arded in 'riting. 4n case of urgency, the re5uests or infor$ation can be trans$itted orally but 'ithin =1 hours thereafter they should be con)r$ed in 'riting and 'ith the use of technical $eans of te(t trans$ission, as necessary. 4f there are any doubts about the authenticity of a re5uest or infor$ation or the contents thereof additional con)r$ation or clari)cation of the abo*e docu$ents can be re5uested. 2. The re5uest should contain the follo'ing, a. the na$e of the re5uesting and re5uested central co$petent authorities& b. purposes of and grounds for the re5uest& c. description of the contents of the assistance re5uired& d. any other infor$ation 'hich could be useful for a ti$ely and appropriate e(ecution of the re5uest& e. degree of con)dentiality, as necessary. :. Re5uests or infor$ation trans$itted in 'riting shall be signed by the head of the re5uesting central co$petent authority or his or her deputies or shall be certi)ed by the oBcial seal of that central co$petent authority. ;. Re5uests and docu$ents trans$itted therein, as 'ell as infor$ation shall be pro*ided by the central co$petent authority in one of the 'orking languages $entioned in /rticle -; of this Con*ention.
Article "
-. The re5uested central co$petent authority shall take all necessary $easures to ensure a pro$pt and $ost co$plete e(ecution of the re5uest and, 'ithin the shortest possible ti$e, shall pro*ide infor$ation on the results of its consideration. 1. The re5uesting central co$petent authority shall be noti)ed, 'ithout delay, about the circu$stances that pre*ent or signi)cantly ha$per the e(ecution of a re5uest. 2. 4f the e(ecution of a re5uest is outside the co$petence of the re5uested central co$petent authority that authority shall trans$it the re5uest to another central co$petent authority of its %tate, 'hich has the co$petence to e(ecute it and shall 'ithout delay notify the re5uesting central co$petent authority accordingly. :. The re5uested central co$petent authority can re5uest additional infor$ation 'hich it considers necessary for the e(ecution of the re5uest. ;. Re5uests shall be e(ecuted on the basis of the legislation of the re5uested Party. Upon re5uest by the re5uesting central co$petent authority, the legislation of the re5uesting Party $ay be applied if this does not contradict funda$ental legal principles or international obligations of the re5uested Party. 7. 3(ecution of a re5uest can be postponed or denied co$pletely or in part in case the re5uested central co$petent authority considers that its e(ecution could prejudice the so*ereignty, security, public order or other substantial interests of its %tate or that it contradicts the legislation or international obligations of the re5uested Party. =.3(ecution of a re5uest can be denied if the act in connection 'ith 'hich the re5uest 'as $ade does not constitute an o+ence under the legislation of the re5uested Party. >. 4f, in accordance 'ith paragraph 7 or = of this /rticle, the e(ecution of a re5uest is denied in full or in part or if it is postponed, the re5uesting central co$petent authority shall be noti)ed accordingly in 'riting.
Article 1#
The Parties 'ill conclude a separate agree$ent and 'ill adopt other necessary docu$ents in order to establish and pro*ide for functioning of a Parties Regional CounterCterrorist %tructure 'ith the head5uarters in Dishkek, the purpose of 'hich 'ould be to e+ecti*ely co$bat the acts referred to in /rticle - -" of this Con*ention.
Article 11
-. For the purposes of i$ple$entation of this Con*ention, central co$petent authorities of the Parties $ay establish e$ergency lines of co$$unication and hold regular and e(traordinary $eetings. 1. For the purposes of i$ple$entation of the pro*isions of this Con*ention, the Parties $ay, as necessary, pro*ide technical and $aterial assistance to each other. 2. Eaterials, special $eans, facilities and technical e5uip$ent recei*ed by a Party on the basis of this Con*ention fro$ another Party shall not be subject to transfer 'ithout a prior 'ritten consent of the pro*iding Party. :. 4nfor$ation about $ethods of conducting operational search acti*ities, speci)cations of special forces and $eans and supporting $aterials used by central co$petent authorities of the Parties in order to pro*ide assistance 'ithin the fra$e'ork of this Con*ention, shall not be subject to disclosure.
Article 12
The central co$petent authorities of the Parties $ay conclude speci)c agree$ents a$ong the$ go*erning $odalities for the i$ple$entation of this Con*ention.
Article 13
-. 3ach Party shall assure the con)dential nature of the infor$ation and docu$ents recei*ed if they are sensiti*e or if the pro*iding Party considers their disclosure undesirable. The degree of sensiti*eness of such infor$ation and docu$ents shall be deter$ined by the pro*iding Party. 1. 6ithout a 'ritten consent of the pro*iding Party, the infor$ation or response to the re5uest recei*ed pursuant to this Con*ention, $ay not be used for purposes other than those for 'hich they 'ere re5uested or pro*ided. 2. The infor$ation and docu$ents recei*ed by a Party pursuant to this Con*ention fro$ another Party shall not be trans$itted 'ithout a prior 'ritten consent of the pro*iding Party.
Article 14
3ach Party shall bear independently the costs of the i$ple$entation of this Con*ention, unless other'ise agreed.
Article 15
The 'orking languages to be used by the central co$petent authorities of the Parties in their cooperation 'ithin the fra$e'ork of this Con*ention shall be Chinese and Russian.
Article 16
This Con*ention shall not li$it the right of the Parties to conclude other international treaties on $atters that constitute the subject of this Con*ention and do not contradict its purposes and object, nor shall it a+ect the rights and obligations of the Parties under other international treaties to 'hich they are Parties.
Article 1
/ny disputes, concerning interpretation or application of this Con*ention shall be settled through consultation and negotiation bet'een the interested Parties.
Article 1!
-. This Con*ention shall be deposited 'ith the People`s Republic of China. ABcial copies of this Con*ention shall be sent by the 9epositary to other Parties in the course of -; days after its signing. 1. This Con*ention shall enter into force on the thirtieth day follo'ing the receipt by the 9epositary the last noti)cation in 'riting fro$ the Republic of Kazakhstan, the People`s Republic of China, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, or the Republic of Uzbekistan infor$ing it of the co$pletion of national procedures necessary for this Con*ention to enter into force.
Article 1"
-. Follo'ing the entry into force of this Con*ention other %tates $ay, subject to the consent of all the Parties, accede to it. 1. This Con*ention shall enter into force for each acceding %tate on the thirtieth day follo'ing the receipt by the 9epositary of a noti)cation in 'riting infor$ing it of the co$pletion of national procedures necessary for this Con*ention to enter into force. An this date, the acceding %tate shall beco$e Party to this Con*ention.
Article 2#
-. /$end$ents and additions $ay, subject to the consent of all Parties, be $ade to the te(t of this Con*ention, 'hich shall be e+ected by Protocols being an integral part of this Con*ention. 1. /ny Party $ay 'ithdra' fro$ this Con*ention by notifying in 'riting the 9epositary of the decision -1 $onths prior to the date of anticipated 'ithdra'al. The 9epositary shall infor$ the other Parties of this intention 'ithin a 28Cday period follo'ing the receipt of the noti)cation of 'ithdra'al.
Article 21
-. 6hen for'arding to the 9epositary its noti)cation of the co$pletion of internal procedures necessary for this Con*ention to enter into force, a Party 'hich does not participate in one of the treaties enu$erated in the /nne( $ay declare that this Con*ention shall be applied to the Party 'ith that treaty regarded as not included in the /nne(. %uch declaration shall cease to be e+ecti*e after notifying the 9epositary of the entry of that treaty into force for the Party. 1. 6hen one of the treaties listed in the /nne( ceases to be e+ecti*e for a Party, the latter shall $ake a declaration as pro*ided for in paragraph - of this /rticle. 2.The /nne( $ay be supple$ented by treaties that $eet the follo'ing conditions, a. they are open for signature to all %tates& b. they entered into force& and c. they 'ere rati)ed, accepted, appro*ed or acceded to by at least three Parties to this Con*ention. :. /fter the entry into force of this Con*ention, any Party $ay propose an a$end$ent to the /nne(. The proposal for a$ending the /nne( shall be for'arded to the 9epositary in 'ritten for$. The 9epositary shall notify all the proposals that $eet the re5uire$ents of paragraph 2 of this /rticle to the other Parties and seek their *ie's on 'hether the proposed a$end$ent should be adopted. ;. The proposed a$end$ent shall be considered adopted and shall co$e into force for all the Parties ->8 days after the 9epositary has circulated the proposed a$end$ent, e(cept 'hen oneCthird of the Parties to this Con*ention infor$ in 'riting the 9epositary of their objections to it.
9one at %hanghai, this -;th of Fune, 188-, in one original copy in the Chinese and Russian languages, both te(ts ha*ing e5ual *alidity.
(Cambridge Studies in Islamic Civilization) Milka Levy-Rubin-Non-Muslims in The Early Islamic Empire - From Surrender To Coexistence-Cambridge University Press (2011)