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Convention on privileges and immunities of the Shanghai Cooperation Organization

of June 17, 2004

State members of the Shanghai Cooperation Organization (further referred to as with the Parties),

being guided by the conventional principles and rules of international law,

proceeding from provisions of Article 19 of the Charter of the Shanghai Cooperation Organization of June 7, 2002,

agreed as follows:

Article 1

For the purposes of this Convention following determinations mean:

1) "Charter" - Charter of the Shanghai Cooperation Organization of June 7, 2002;

2) SCO or "Organization" - Shanghai Cooperation Organization;

3) "state member" - state member of SCO;

4) "the state of stay" - state member in the territory of which the headquarters of permanent body of SCO or its department is located;

5) "permanent bodies of SCO" - Secretariat of SCO and RATS of SCO;

6) "Secretariat" - The secretariat of SCO which is permanent administrative authority SCO;

7) "RATS" - The regional anti-terrorist structure of SCO which is permanent body of SCO;

8) "Council of RATS" - body of RATS;

9) "Executive committee" - body of RATS;

10) "The executive secretary" - Executive secretary of SCO;

11) "Director" - Director of the RATS Executive committee;

12) "officials" are the persons directed by the Parties for work in permanent bodies of SCO and appointed to the corresponding established posts;

13) "permanent representative" - the permanent representative of state member under the Secretariat of SCO;

14) "representatives of state members" - the heads of delegations, their deputies, delegates, advisers, technical experts and secretaries of delegations directed by state members to meetings and events held within the Organization;

15) "experts in business trips for the Organization" - experts, others, than the officials who are carrying out orders of SCO;

16) "family members" - the spouse (spouse) and children aged up to 18 years living together with them;

17) "rooms" - buildings or parts of buildings of permanent bodies of SCO intended for official use regardless of form and accessory of the property right to them, including the parcel of land servicing this building or part of the building.

I. Privileges and immunities of SCO

Article 2

1. SCO has the international legal capacity. It uses such legal capacity which is necessary for realization of its purposes and tasks in the territory of each state member.

2. SCO has the rights of the legal entity and can, in particular:

- sign agreements;

- acquire, lease, alienate personal and real estate and dispose of it;

- open bank accounts and make transactions with money in any currency;

- appear in courts as the claimant or the defendant.

3. The rights provided by this Article are performed on behalf of the Secretariat and Executive committee respectively by the Executive secretary and the Director.

Article 3

1. SCO, its property and assets use immunity from any form of administrative or judicial intervention, except as specified, when the Organization itself refuses immunity. No refusal of immunity extends to judicial and executive measures.

2. Rooms and vehicles of permanent bodies of SCO, and also their archives and documents, including office correspondence, regardless of the place of their stay, use immunity from search, requisition, confiscation, arrest and other executive actions.

3. Representatives of appropriate authorities and management of the state of stay cannot enter premises of permanent bodies of SCO differently, as from consent and on the conditions approved by the Executive secretary or the Director, or the officials replacing them.

4. Execution of any actions according to the decision of appropriate authorities and managements of the state of stay can take place in premises of permanent bodies of SCO only with the consent of the Executive secretary or the Director, or the officials replacing them.

5. Rooms and vehicles of permanent bodies of SCO cannot serve as shelter for persons pursued under the laws of any of state members or subjects to issue to any of state members or the third state.

6. Rooms and vehicles of permanent bodies of SCO cannot be used for the purpose of, not compatible to functions and tasks of SCO or causing damage to safety and interests of the Parties.

7. The state of stay takes proper measures for protection of premises of permanent bodies of SCO against any invasion or causing damage.

8. Council of Chapters of state members of SCO on behalf of the Organization can refuse in definitely expressed form the privileges and immunities provided to SCO.

Article 4

SCO, its assets, income and other property:

- are exempted from all direct taxes and charges, the value added tax (including in the form of return according to regulatory legal acts of the corresponding state member) levied in the territories of state members, except for those which are payment for specific types of servicing (service);

- are exempted from customs fees and other payments, import and export prohibitions and restrictions when importing and exporting of objects by the Organization for office use. The objects imported into withdrawal from general rules will not be implemented in state member on which territory they are imported, differently as on the conditions approved with the government of this state member;

- are exempted from customs fees and other payments, import and export prohibitions and restrictions when importing and exporting own editions.

Article 5

1. For the official means of communication SCO uses in the territory of each state member at least favorable conditions, than those which are provided by this state to diplomatic missions of foreign states.

2. SCO has the right to use codes, express and other types of communication providing confidentiality of information transfer, to receive and send correspondence by means of couriers or valises which use the same privileges and immunities, as diplomatic couriers and valises.

3. All places constituting office correspondence shall have the visible external signs specifying their nature, to contain only office correspondence and objects intended for official use which movement requires observance of the mode of confidentiality.

4. The courier shall be supplied with the official document with indication of its status and number of the places constituting office correspondence.

Article 6

SCO can place flag, emblem and other symbolics of the Organization on the rooms occupied by her and on the vehicles used for the official purposes.

Article 7

The organization can according to the purposes and tasks to publish and distribute printed materials.

Article 8

State members render SCO assistance in receipt of the rooms necessary for implementation of its functions.


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