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Agreement between the Shanghai Cooperation Organization and Government of People's Republic of China on conditions of stay of the Secretariat in People's Republic of China

of June 17, 2004

The Shanghai Cooperation Organization and the Government of People's Republic of China which further are referred to as with the Parties

being guided by the Charter of the Shanghai Cooperation Organization of June 7, 2002,

wishing to provide necessary conditions for accomplishment by the Secretariat in the territory of People's Republic of China of the purposes and tasks,

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

agreed as follows:

Article 1

For the purposes of this agreement the stated below 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 directing state" - state member which sends the citizens for work to the Secretariat of SCO;

5) "state of stay" - People's Republic of China;

6) "Government" - Government of People's Republic of China;

7) "Secretariat" - Secretariat of SCO;

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

9) "officials" are the persons directed by state members for work in the Secretariat and appointed to the corresponding established posts;

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

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

12) "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;

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

14) "rooms" - buildings or parts of buildings of the Secretariat 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.

Article 2

1. The government recognizes the status of the legal entity behind the Secretariat in the territory of the state of stay.

2. The secretariat within the powers has the right on its own behalf:

1) to sign agreements;

2) to acquire, lease, alienate personal and real estate and to dispose of it;

3) to appear in courts as the defendant or the claimant;

4) to conduct cash calculations and for this purpose to have the corresponding accounts and means.

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

I. Privileges and immunities of the Secretariat

Article 3

1. Location of the Secretariat is the city of Beijing (People's Republic of China).

2. The government renders assistance to the Secretariat in receipt of the respective rooms.

3. The government guarantees rendering necessary utilities to the Secretariat on the conditions similar to conditions which are provided to other intergovernmental international organizations.

Article 4

1. The property and assets of the Secretariat 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 the Secretariat, and also its 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 the Secretariat differently, as from consent and on the conditions approved by the Executive secretary, or the official replacing it.

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 the Secretariat only with the consent of the Executive secretary, or the official replacing it.

5. Rooms and vehicles of the Secretariat 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 the Secretariat cannot be used for the purpose of, not compatible to functions and tasks of SCO or causing damage to safety and interests of the state of stay.

7. The vehicles belonging to the Secretariat shall be insured according to the requirements provided by regulatory legal acts of the state of stay.

8. The state of stay takes proper measures for protection of premises of the Secretariat against any invasion or causing damage.

9. Council of heads of states of SCO on behalf of the Organization can refuse in definitely expressed form the privileges and immunities provided to the Secretariat.

Article 5

Secretariat, its assets, income and other property:

1) 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 state of stay) levied in the territory of the state of stay, except for those which are payment for specific types of servicing (service);

2) 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 the state of stay, differently as on the conditions approved with the Government;

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

Article 6

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

2. The secretariat 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.

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