"The World and Japan" Database (Project Leader: TANAKA Akihiko)
Database of Japanese Politics and International Relations
National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] Regulation on the Status of Dialogue Partner of the Shanghai Cooperation Organization

[Place] Dushanbe
[Date] August 28, 2008
[Source] Shanghai Cooperation Organization Secretariat
[Notes]
[Full text]

Pursuant to Article 14 of the SCO Charter of June 7, 2002 (hereinafter referred to as the Charter), this Regulation on the Status of Dialogue Partner of the Shanghai Cooperation Organization (hereinafter referred to as the SCO or the Organization) defines the legal status of the dialogue partner (hereinafter referred to as the Partner), as well as the procedure for granting thereof to the interested state or international intergovernmental organizations (hereinafter referred to as the state or organization).

I. General Provisions

1.1. The status of Partner shall be granted to a state or an organization that shares the SCO goals and principles and wishes to establish relations of equal and mutually beneficial partnership with the Organization.

1.2. The status of Partner shall be granted to the state or organization that is cooperating with the SCO in certain areas envisaged by the Charter and other international instruments in effect within the Organization.

II. Partner Legal Status

2.1. Procedure of granting the status.

2.1.1. A state or an organization that wishes to receive the Partner status shall sent to the SCO Secretary General a request for being granted such status signed by the minister of foreign affairs of the state or the head of the organization's executive body.

The request shall indicate areas where this state or organization intends to cooperate with the SCO.

2.1.2. The SCO Secretary-General shall notify the Council of National Coordinators of the SCO member states (hereinafter referred to as the CNC) of the receipt of such request. The CNC shall submit this issue with a respective proposal to the SCO Council of Ministers of Foreign Affairs (hereinafter referred to as the CMFA).

2.1.3. The request for the Partner status shall be reviewed by the CMFA meeting. The meeting may invite official representatives of the respective state or organization, as appropriate.

2.1.4. The decision to grant the Partner status shall be approved by the Council of Heads of States of the SCO member states (hereinafter referred to as the CHS) based on a motion by the CMFA.

2.1.5. The Partner status shall take effect following the signing between the SCO and the state or organization of the Memorandum on granting the Partner status to the state or organization (hereinafter referred to as the Memorandum). The Memorandum shall specify the areas of future cooperation between the state or organization and the SCO.

2.2. Partner Rights

2.2.1. The Partner shall have the right to attend:

a) meetings of heads of ministries and/or agencies of the SCO member states responsible for the areas of cooperation identified in the Memorandum;

b) meetings of working groups, commissions of senior officials and other bodies established by the SCO member states for cooperation in the areas addressed by the partnership;

c) academic and expert meetings (fora, conferences, seminars), culture days, festivals, exhibitions, contests, sports competitions and other events in the areas addressed by the partnership.

2.2.2. During the events listed in paragraph 2.2.1. of this Regulation, the Partner shall have the right to speak on the subject matters of the partnership, receive documents and materials distributed among the participants of the events (if these documents and materials are not restricted for distribution), and, following the consent of the SCO member states, disseminate its own materials and documents.

2.2.3. At the request of the Partner and with the consent of the member states of the Organization, the text of a statement of its official representative or the documents referred to in paragraph 2.2.2. of this Regulation, may be posted on the respective SCO's websites along with other materials of the event.

2.3. Procedure for interaction with the Partner.

2.3.1. By mutual agreement between the SCO member states and the Partner(s), a meeting may be held attended by the representatives of the SCO member states and the Partner(s) at the level of ministers or other authorized persons.

Following the meeting, the Protocol thereof shall be approved and signed by the respective representatives of the SCO member states and the Partner(s).

2.3.2. On an ongoing basis, the Partner shall receive through the SCO Secretariat and/or the Executive Committee of the SCO Regional Antiterrorist Structure (hereinafter referred to as the RATS) copies of public documents of the event referred to in paragraph 2.2.1. of this Regulation.

The Partner shall have the right to request the SCO Secretariat and receive documents and decisions of the SCO bodies referred to in Article 4 of the Charter, if their distribution is not restricted.

2.3.3. The Partner status shall not give the right to participate in the preparation and signing of the Organization's documents. The Partner shall not be involved in the decision making by the SCO bodies, nor be held responsible for such decisions. At the events referred to in paragraph 2.2.1. of this Regulation, the Partner shall be entitled to an advisory vote on issues of cooperation listed in the Memorandum.

2.3.4. The Partner may maintain regular contacts with the SCO Secretariat and/or the Executive Committee of the RATS through official correspondence.

III. Financial Issues

3.1. The Partner shall bear all the costs of its participation in the SCO events.

3.2. Issues of financial contributions by the Partner to the SCO's exhibitions, days of culture, festivals, competitions, sport events and other similar events shall be governed by the Memorandum.

3.3. The costs related to expert evaluation of the SCO's joint multilateral projects participated by the Partner, as well as other costs agreed by the parties, shall be covered in accordance with the Memorandum.

3.4. The funds of the non-governmental institutions operating under the SCO shall be used for partnership in accordance with the regulations of these institutions.

3.5. Financial involvement of the Partner in the implementation of the SCO joint economic project shall be governed by the respective documents concluded in each separate case.

IV. Termination of Partner Status

4.1. The Partner that intends to renounce its Partner status shall send the notice thereof to the SCO Secretary General. The Partner status shall be deemed revoked from the date of the receipt by the SCO Secretary-General of the said notification, unless provided otherwise in the Memorandum.

4.2. If a state or organization with Partner status commits actions against the Organization, as well as acts contrary to the decisions of the SCO bodies or the principles laid down in the Charter, by the CHS's decision such state or organization may be waived of its Partner status and the Memorandum terminated by the SCO unilaterally.

The SCO Secretary-General shall notify the respective state or organization of the decision taken.

V. Final provisions

5.1. This Regulation shall enter into effect on the date of its approval by the CHS.

5.2. This Regulation may be amended and/or supplemented by the decision of the CHS that shall become effective on the date of signing.