Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

The security agreement of protection of the classified information within Regional anti-terrorist structure of the Shanghai Cooperation Organization

of June 17, 2004

The Republic of Kazakhstan, People's Republic of China, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan (further - the states) and the Shanghai Cooperation Organization, hereinafter referred to as with the Parties,

aiming to provide protection of the classified information during cooperation of the Parties,

in view of the Shanghai convention on fight against terrorism, separatism and extremism of June 15, 2001 and the Agreement between state members of the Shanghai Cooperation Organization on Regional anti-terrorist structure of June 7, 2002,

agreed as follows:

Article 1

For the purposes of this agreement the applied terms mean:

1) "the state secret" (the state secrets) - the data expressed in any form, protected by the states according to the national legal system which unauthorized distribution can cause damage to safety and interests of the states;

2) "classified information" - (formed) in the course of cooperation of the Parties data expressed in any form protected by the states according to the national legal system as the state secret (the state secrets) received (transferred) and (or) created, and in Regional anti-terrorist structure of the Shanghai Cooperation Organization - according to rules of the address with the classified information;

3) "carriers of the classified information" (the state secret (the state secrets)) - material objects, including physical fields in which the classified information finds the display in the form of symbols, images, signals, technical solutions and processes;

4) "protection of the classified information" - the legal, administrative, organizational, technical and other measures taken for the purpose of non-admission of unauthorized distribution of the classified information and safety of its carriers;

5) "unauthorized distribution of the classified information" the bringing to publicity of the classified information or violation of established procedure (rules) of distribution of such information owing to what it becomes known to persons which do not have access to it;

6) "security classification" - the detail which is put down on the carrier of the classified information (the state secret (the state secrets)) and (or) specified in the accompanying documentation it testimonial of degree of privacy of the data containing in their carrier;

7) "admission to the state secret" (state secrets) procedure of registration of the right of physical persons to access to the state secret (state secrets);

8) "access to the classified information" - process of acquaintance with the classified information of the physical person having the corresponding admission to the state secret (the state secrets);

9) "admission form" - the document processed according to the national legal system of the states, affirming the right of physical person to acquaintance with the state mystery (the state secrets) of the corresponding degrees of privacy;

10) "investigation" - set of the disciplinary, administrative, criminal procedure and other actions taken by the Party according to the national legal system or the adopted procedures for the purpose of identification of circumstances of unauthorized distribution of the classified information, persons involved in it, nature and the extent of damage suffered, and also the reasons and conditions promoting unauthorized distribution of the classified information;

11) "agents of the parties" - official and (or) other authorized persons of bodies or organizations of the Parties.

Article 2

1. Subject of this agreement is the cooperation of competent authorities of the Parties in the field of protection of the classified information and in investigation in connection with the possible facts of its unauthorized distribution.

2. Transfer of the classified information between competent authorities of the Parties can directly be performed, through diplomatic channels, by courier service or with use of the technical means of information transfer providing protection of the transmitted data.

Article 3

1. Each state performs the obligations according to this agreement according to the principles of sovereign equality, non-interference to internal affairs of other states, the national legal system and this agreement.

2. Nothing in this agreement gives the Parties the right to perform jurisdiction and functions which enter only competence of other Party.

Article 4

1. Transfer of exclusive rights of ownership for the results of intellectual activities containing the classified information and the property rights to carriers of such information is performed by competent authority of the transferred Party.

2. The question of the exclusive rights on the results of intellectual activities created in the course of cooperation of competent authorities of the Parties containing the classified information, and equally in procedure for claim settlement concerning compensation of possible damage in case of unauthorized distribution of the classified information during cooperation is solved on the basis of the national legal system of the states, procedures of Regional anti-terrorist structure of the Shanghai Cooperation Organization and international treaties.

Article 5

Degrees of privacy of the classified information which competent authorities of the Parties within this agreement can exchange and the security classifications corresponding to these degrees for its carriers are compared as follows:

in the Republic of Kazakhstan - top secret, confidentially;

in People's Republic of China - it is confidential, confidential;

in the Kyrgyz Republic - top secret, confidentially;

in the Russian Federation - top secret, confidentially;

in the Republic of Tajikistan - top secret, confidentially;

in the Republic of Uzbekistan - top secret, confidentially;

in the Shanghai Cooperation Organization - top secret, confidentially.

Article 6

1. The states determine the competent authorities responsible for implementation of this agreement, and in writing notify on it depositary within 30 days from the date of accomplishment of the interstate procedures necessary for entry into force of this agreement.

2. From the Shanghai Cooperation Organization competent authority is the Regional anti-terrorist structure of the Shanghai Cooperation Organization.

Article 7

Competent authorities of the Parties provide protection of the classified information used in the course of cooperation according to the procedure, provided by the national legal system, rules of the address with the classified information in Regional anti-terrorist structure of the Shanghai Cooperation Organization accepted by Council of Regional anti-terrorist structure of the Shanghai Cooperation Organization, and this agreement.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.