"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] Convention of the Shanghai Cooperation Organization against Terrorism

[Place] Yekaterinburg
[Date] June 16, 2009
[Source] Shanghai Cooperation Organization Secretariat
[Notes]
[Full text]

The Member States of the Shanghai Cooperation Organization,

deeply concerned by the escalation of terrorism that constitutes a threat to global peace and security, territorial integrity of states, development of friendly relations between nations and implementation of the fundamental human rights and freedoms;

guided by the goals and principles laid down in the Charter of the United Nations as well as the Charter of Shanghai Cooperation Organization of June 7, 2002;

aimed to complement the Shanghai Convention on Combating Terrorism, Separatism and Extremism of June 15, 2001 and the Concept of the Shanghai Cooperation Organization Member States to Combat Terrorism, Separatism and Extremism of July 5, 2005;

recognizing that the offenses covered by the present Convention cannot be justified under any circumstances, and that the physical and juridical persons responsible for committing such acts and (or) that are complicit in their commission must be prosecuted under the law;

considering the changes that have occurred in the content, scale and nature of terrorism as well as the importance of promoting anti-terrorism cooperation,

believing that anti-terrorist efforts must be scaled up, reiterating that all measures to prevent and combat terrorism should be taken based on the supremacy of law, democratic values, basic human rights and freedoms, as well as norms of international law;

realizing that only through joint efforts can effective prevention and antiterrorism be achieved;

have agreed as follows:

Article 1

This Convention shall aim to enhance the efficiency of anti-terrorist cooperation.

Article 2

1. For the purposes of this Convention, the terms and definitions employed in it shall have the following meaning:

1) “The Party” refers to the state party to this Convention;

2) “Terrorism” refers to an ideology of violence and practice of affecting the decision-making of the authorities or international organizations through the commission of or the threat of committing violent and (or) other criminal acts intimidating population and aimed at causing damage to individuals, society and state;

3) “Terrorist act” refers to an act or the threat of committing the act intimidating the population, endangering human life and health, aimed at causing significant property damage, or ecological disaster, or other serious consequences with the objective of influencing the decision-making of authorities or international organizations and achieving political, religious, ideological, or other ends;

4) “Terrorist organization” refers to:

a) Criminal groups, illegal armed units, gangs, or criminal communities created to commit crimes under this Convention and (or) those that have already committed such crimes;

b) A legal entity in whose name, at whose direction, or in whose interests one of the offenses covered by this Convention is planned, organized, prepared, or committed;

5) “Legal entity” refers to an organization created and acting in the manner established by the national legislation of the Parties.

2. This Article shall not prejudice any international treaty or any national law of the Parties, which contain or may contain a broader application of the terms and definitions used in this Article.

Article 3

When the identification, prevention and investigation of the offenses covered by this Convention involves the right of jurisdiction of two or more Parties, this Convention shall apply.

Article 4

The Parties shall abide by the principles of sovereignty, territorial integrity and non-interference in each other’s internal affairs when exercising rights and fulfilling obligations in accordance with this Convention.

Article 5

1. The Parties shall take necessary measures and determine the right of jurisdiction for offenses covered by this Convention under the following circumstances:

1) The crime occurs within the borders of such Party;

2) The crime occurs on the ships carrying the national flag of such Party or on the aircraft registered under the legislation of such Party;

3) The crime is committed by a citizen of such Party.

2. The Parties may determine their own right of jurisdiction in respect of the offenses covered by this Convention under the following circumstances:

1) Crimes aiming at or resulting in terrorist acts within the borders of such Party or against citizens of such Party;

2) Crimes aiming at or resulting in terrorist acts targeted at overseas affiliates of such Party, including the buildings of diplomatic and consular missions;

3) Crimes aiming at or resulting in terrorist acts with the intention to force such Party to take or not take certain actions;

4) Crimes committed by stateless permanent residents of such Party;

5) Criminal acts occurred on the ships operated by such Party.

3. When the criminal suspect is found within the borders of a Party and the Party does not extradite the suspect to other Parties, the Party shall take necessary actions and determine the jurisdiction in respect of offenses covered by this Convention.

4. This Convention does not rule out any criminal jurisdiction executed according to the national legislation of the Party.

5. When the right of jurisdiction in respect to offenses covered by this Convention belongs to two or more Parties, the Parties concerned may find solution through consultation.

Article 6

1. The cooperation envisaged by this Convention shall be carried out by the competent authorities designated by each Party.

2. When forwarding the notification of ratification of or accession to the Convention to the Depositary, all Parties shall also provide to the Depositary a list of competent authorities responsible for the execution of this Convention to be subsequently forwarded by the Depositary to the other Parties. In case of any amendments made to the list of the competent authorities of a Party, the Party shall promptly notify the Depositary who shall inform the other Parties accordingly.

3. The competent authorities of each Party may collaborate directly with each other on issues covered by the Convention under their terms of reference. To ensure the implementation of this Convention, territorial and other organs of the competent authorities of each Party may establish direct contact in accordance with the procedures established by the competent authorities.

4. The competent authorities of the Parties may develop bilateral and multilateral cooperation based on requests for assistance or through information sharing initiated by the competent authority of a Party.

5. Collaboration may be carried out through diplomatic channels and platforms such as the International criminal police organization or the Executive Committee of the Regional Anti-terrorist Structure of the Shanghai Cooperation Organization.

Article 7

1. In order to prevent tensions that may result in crimes covered by this Convention, the Parties shall encourage dialogue among different religions and cultures and, as appropriate, involve non-governmental organizations and other civil society institutions subject to national legislation.

2. The Parties shall formulate and implement national level measures against terrorism according to the fundamental principles of its legal system. These measures may include:

1) Assessing effectiveness of the legal documents as well as of actual measures against terrorism on a regular basis;

2) Collaborating with international and regional organizations concerned to formulate and implement anti-terrorist measures, including drills on suppressing terrorist acts;

3) Establishing a body or bodies coordinating anti-terrorist measures taken by the respective authorities of the Party;

4) Improving professional competence of the personnel of anti-terrorist law enforcement agencies and other institutions and providing necessary financial, logistical and other support;

5) Rewarding individuals offering assistance to the state authorities in combating offenses covered by this Convention and in identifying crimes in preparation, or those already committed.

6) Imposing restrictive measures through legislation to guard against terrorist acts.

7) Strengthening protection of individuals and facilities including improved efficiency of cooperation among law enforcement agencies and legal entities concerned, and implemented standards aimed at enhancing the protection of individuals and facilities;

8) Protecting participants of criminal proceedings such as victims and witnesses and also other people involved in anti-terrorist activities if necessary;

9) Formulating and using standards of identification of individuals and legal entities implicated in crimes covered by the Convention;

10) Ensuring that legal entities are competent in assisting the state in guarding against and identifying crimes covered by the Convention within their facilities whether those are crimes committed or crimes in preparation;

11) Involving non-governmental organizations, groups and individuals involved in anti-terrorist activities and fostering an anti-terrorism atmosphere in the society;

12) Raising public awareness of the danger and adverse impacts of terrorism as well as of the responsibility for crimes covered by this Convention;

13) Offering protection to citizens to encourage them to inform the state bodies of any suspected crimes covered by this Convention by ways such as anonymous reporting.

3. The Parties may adopt anti-terrorist measures that are tougher than the provisions in this Convention.

Article 8

Taking into account the fundamental principles of their legal systems, the Parties shall take necessary legislative and other measures against financing of terrorism, including, in particular:

1) Registering and preserving client and financial transaction data;

2) Providing suspicious and economically irrational transaction information to authorized agencies of the Party;

3) Suspending illegal, suspicious or economically irrational financial transactions ordered by the law enforcement agencies or other designated bodies of the Party;

4) Providing information and documents at the request of courts, prosecutors, pre-trial investigation, or other authorized agencies of the Party.

Article 9

1. The following intentional acts shall be recognized as criminal offenses by all Parties, and necessary legislative measures shall be adopted accordingly:

1) Terrorist acts;

2) Acts identified as crimes by one of the international conventions on antiterrorism to which all Parties are Participants;

3) Establishing and taking advantage of a legal entity to plan, organize, prepare and commit at least one of the crimes indicated in subparagraph 1 and 2 and 4 to 10 of this Paragraph, or setting up a criminal group, illegal armed unit, gang, criminal community to this end;

4) Abetting or instigating terrorism in public, namely spreading messages to abet others to commit at least one of the crimes indicated in subparagraph 1 to 3 and 5 to 10 of this Paragraph, or openly advocating of recognition of terrorism needing support and imitation;

5) Involving others in preparing or committing at least one of the crimes indicated in subparagraph 1 to 4 and 6 to 10 of this Paragraph by recruitment or other means;

6) Training people to facilitate or assist in committing at least one of the crimes indicated in subparagraph 1 to 5 and 7 to 10 of this Paragraph;

7) Joining a terrorist organization;

8) Financing terrorist activities, namely raising funds or offering financial services obviously intended to support organizing, preparing and committing at least one of the crimes indicated in subparagraph 1 to 7 and 9 to 10 of this Paragraph, or providing a terrorist organization;

9) Providing weapons, explosives or other means to commit crimes indicated in subparagraph 1 to 8 and 10 of this Paragraph;

10) Paying for or subsidizing people that are suspected of committing any of the crimes under subparagraph 1 to 9 of this Paragraph or criminal suspects that are charged with those crimes, assisting suspects to escape or giving false testimony in favor of them.

2. In accordance with their national law, the Parties may recognize as a criminal offense intentional concealment, transportation, purchase, sale or intermediation in the sale of property belonging to persons suspected or accused of committing any of the offenses referred to in paragraph 1 of this article.

3. Acts referred to in subparagraphs 3 to 10 of Paragraph 1 of this Article shall be considered crimes regardless of the actual commission of a terrorist act or awareness of a recruited and (or) trained person of the terrorist character of his (her) actions.

4. The Parties shall adopt necessary legislative measures to identify conspiracy and preparation of the crimes covered in Paragraph 1 of this Article as well as attempted crimes as behaviors subject to criminal punishment.

Article 10

1. Taking into account their legal principles, the Parties shall take the necessary legislative and other measures in order to prevent in its territory involvement of legal entities in actions considered as any of the crimes covered by this Convention.

2. Each Party shall take such measures as may be necessary to establish the liability of legal entities for their involvement in at least one of the offenses covered by this Convention.

3. Subject to the legal principles of the Parties, the liability of legal entities may be criminal, civil or administrative.

4. The establishment of liability of legal entities shall not exclude the criminal liability of individuals involved in its activities who committed crimes covered by this Convention.

5. The Parties shall ensure that measures are taken in respect of the legal entities held liable for involvement in offenses covered by this Convention, in particular, such as:

1) Warning;

2) Penalty;

3) Confiscation of the property of the legal entity;

4) Suspension of the legal entity’s activities;

5) Prohibition of some activities of the legal entities;

6) Liquidation of the legal entity.

6. Parties shall take legislative measures to enable to recognize the entity as a terrorist organization and eliminate it by decision of a court or other body authorized by the national law of the Party where the legal entity plans, organizes, prepares and commits acts that constitute at least one of the offenses covered by this Convention. The same measures can be taken in cases where offenses covered by this Convention are planned, organized, prepared and committed by a person controlling the implementation by the legal entity of its rights and obligations.

7. The provisions of this Article shall apply to cases when the structural units (representation offices, branches) of foreign legal entities acting in the territory of the Party are involved in offenses covered by this Convention,

Article 11

1. The Parties shall consider the acts covered by this Convention as entailing extradition, as well as transfer of convicted persons and provision of legal assistance.

2. All offenses established in this Convention shall be regarded as extraditable crimes according to the extradition treaty already in effect among any Parties. The Parties undertake to acknowledge these crimes as extraditable in any future extradition treaties.

3. When a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, the requested Party shall consider the present Convention as a legal basis for extradition in connection with the offenses covered by the present Convention. The extradition is executed subject to other conditions provided by the law of the Requested Party.

4. Parties that do not make extradition conditional on the existence of a treaty shall consider offenses covered by the present Convention as extraditable offenses, subject to other conditions provided by the legislation of the Requested Party.

5. When matters of extradition and legal assistance require compliance with the principle of dual criminality, it shall be deemed fulfilled irrespective of whether the laws of the requested Party includes this act in the same category of offenses or whether it describes it with the same terminology as the requesting Party, if this act in respect of which legal assistance or extradition is requested is regarded as criminal offense under the national laws of the Parties.

6. For purposes of extradition, the offenses covered by this Convention shall be considered as committed in the territory of the respective Party regardless of the actual location of these crimes within the jurisdiction of this Party established in accordance with Article 5 of this Convention.

7. The crimes covered by this Convention, and grounds for the liability of legal enities involved in their commission shall be determined within the scope of the national legislation of the Parties.

8. At the request of the sentencing Party or the Party of residence of an individual sentenced for committing offenses covered by this Convention and with his (her) consent, he (she) may be transferred, based on existing treaties or mutual agreements, to serve his (her) sentence to the Party of his (her) nationality.

9. If the requested Party of the location of an individual who has committed at least one of the crimes covered by this Convention, does not extradite such person solely on the ground that he (she) is its citizen, that Party shall prosecute this person under its laws on the basis of material available to it including the criminal case materials furnished by the requesting Party.

Article 12

1. In order to prevent and combat terrorism, following the request or on their own initiative the competent authorities of the Parties shall provide each other with information (documents, materials and other information) related to the issues covered by this Convention.

2. The information referred to in paragraph 1 of this article shall be provided on the request of the competent authority of the requesting Party on condition that it will not be disclosed to anyone else without the prior written consent of the competent authority of the requested Party.

3. The competent authorities of the Parties shall not disclose the fact of the request submission and its content and use it only in order to fulfill the request, if this is stipulated by the competent authorities of the requesting Party, and they shall protect the confidentiality of information submitted by the requested Party and use it only to the extent necessary to for the purposes of investigation, court proceedings and the procedures envisaged by the request.

Article 13

1. The requests shall be executed on the basis of this Convention and the legislation of the requested Party.

2. At the request of the competent authority of the requesting Party the execution of the request may be based on its legislation, unless otherwise provided by the laws of the requested Party. Application of the law of the requesting Party shall not prejudice the sovereignty and national security of the requested Party.

Article 14

1. The request shall be in writing and must contain:

1) name of the competent authorities of the requesting and the requested Parties;

2) subject matter and grounds of the request;

3) substance of the case, including the relevant facts (date, place and circumstances of the offense) subject to operational and search actions, investigation or trial;

4) text of relevant regulations or, if impossible, narration of their provisions, as well as the statement to the effect that the measure sought or any other measures having similar effects can be taken in the territory of the requesting Party in accordance with its legislation;

5) indication of the degree of its confidentiality, as appropriate.

2. In addition to the information referred to in paragraph 1 of this Article, the request for imposition of sanctions against legal entities shall contain:

1) name of the legal entity, information on its location, legal address, data on its managers;

2) measures of responsibility;

3) information about a specific procedure desired to be followed in accordance with the request of the requesting Party;

4) information about the property that may be subject to seizure or confiscation (its location, relation to the relevant offenses, as well as any available information about the other persons’ right in respect of this property);

5) certified copy of a court decision or resolution by other competent authority of the requesting Party and description of the grounds for such decision;

6) statement of the facts serving as the basis for the requesting Party which shall be sufficient to enable the requested Party to seek the decision of its execution on the basis of its legislation.

3. The request for the questioning of suspected or accused persons shall be accompanied by certified copies of necessary materials of the criminal case.

4. The requested Party shall inform the requesting Party within 30 days of the receipt of the request, unless otherwise agreed in each particular case, on:

1) actions taken following the request, and their results;

2) any circumstances preventing execution of the request or considerably delaying its execution.

5. The requesting Party shall promptly inform the requested Party on:

1) reconsidered decision or other circumstances making the decision on imposition of sanctions in relation to legal entities fully or partially ineffective;

2) changes that make the actions under this Convention no longer justified.

6. The Party requesting several Parties to impose sanctions in respect of a legal entity on the basis the same decision, shall notify thereof all Parties concerned with the implementation of this decision.

Article 15

1. The competent authorities of the Parties shall execute the request to:

1) extradite a person for criminal prosecution or execution of the court sentence;

2) conduct search and investigation activities;

3) implement certain proceedings, in particular:

a) expertise;

b) questioning suspects, witnesses, victims and other persons;

c) searches and seizures;

d) transfer of physical evidence;

e) seizure of property;

e) receipt and transmission of documents;

g) other actions within their competence;

4) secure evidence;

5) impose sanctions against legal entities;

6) establish whereabouts of individuals suspected of having committed any of the offenses covered by this Convention;

7) establish location of the property subject to confiscation;

8) address other circumstances and matters falling within the scope of this Convention.

Article 16

1. The request shall be signed by the head of the competent authority of the requesting Party or the persons acting for him (her) and (or) sealed.

2. In urgent cases, a request may be transmitted orally, but not later than in 72 hours the request and accompanying documents shall be confirmed in writing, if necessary, with the technical means of text transmission.

3. In case of doubt about the authenticity of the request or its contents, additional confirmation or clarification may be requested.

4. In the case of multiple requests received under this Convention involving the same circumstances, the requested Party itself shall determine the priority of the requests’ execution.

5. If the execution of the request goes beyond the competence of the competent authority of the requested Party, it shall immediately transfer the request to another state body competent to execute it, and it shall immediately notify the competent authority of the requesting Party thereof.

6. The competent authority of the requested Party may request additional information necessary, in its opinion, for the execution of the request.

Article 17

1. The competent authority of the requested Party may postpone actions within the request if such actions may prejudice search, investigation or trial by competent authorities of the requested Party.

2. The competent authority of the requested Party may refuse to execute the request if its execution may prejudice the sovereignty, national security or is contrary to the its law.

3. Prior to refusing or delaying the request execution, the competent authority of the requested Party, if necessary, shall consult with the competent authority of the requesting Party that sent the request.

4. If the request execution is postponed or refused, the competent authority of the requested Party shall promptly inform the requester accordingly, necessarily indicating the reasons for such decisions.

Article 18

1. A Party prosecuting persons suspected or accused of crimes covered by this Convention that found that these individuals are in the territory of the other Party may, after obtaining permission from the competent authorities of this Parties, send their staff to the territory of the requested Party to take part in relevant operational, search, and investigation activities.

2. The directed staff of the competent authorities of the requesting Party may participate in the operational, search and investigation activities in the territory of the requested Party in accordance with the laws of the requested Party and the international agreements in effect to these Parties.

3. The requested Party shall determine the procedure for issuing permits to allow participation of the staff of the requesting Party in the operational, search and investigation activities based on the request issued in accordance with Articles 14 - 18 of this Convention.

4. In case the staff of the competent authorities is sent to participate in the operational, search and investigation activities, the request shall additionally contain the following information:

1) information on the staff on mission;

2) purpose of mission, list of operational, search and investigation activities, procedure and timeline for their execution;

3) if vehicles are used, information about these vehicles, including type of vehicles, their quantity and plate numbers;

4) other necessary information.

5. The decision regarding the request shall be taken by the competent authority of the Requested Party not later than 5 days from the date of the receipt of the request, and immediately reported to the competent authority of the requesting Party. Such a decision may be subject to conditions determined by the competent authority of the requested Party.

6. If the request does not meet the requirements specified in paragraph 4 of this article, or information is not full, the competent authority of the requested Party may request additional information.

7. The staff of the competent authorities of the requesting Party arriving to the territory of the requested Party in the prescribed manner, shall perform their functions in accordance with the law of the host Party and terms governing their stay and mission.

8. The staff of the competent authorities of the requesting Party participating in the territory of the requested Party in operational, search and investigation activities conducted by the competent authorities of the requested Party shall:

1) comply with the legislation of the Party of their stay, as well as follow legitimate instructions of authorities of the Party of their stay;

2) provide the requested Party with the information obtained.

9. Participation in operational, search and investigation activities shall cease as soon as the competent authority of the Party where they are implemented will demand so.

10. The Parties may conclude separate agreements in respect of the provisions of this Article.

Article 19

Evidence obtained by the competent authorities of the requested Party as a result of the request execution pursuant to its legislation shall have the same evidential value in the Requesting Party.

Article 20

1. In the performance of the confiscation of the property of individuals or legal entities involved in the commission of crimes covered by this Convention, the requested Party shall recognize the court decision of the requesting Party with respect to the rights of third parties.

2. Such recognition may be refused in any of the following cases:

1) if the third party did not have adequate opportunity to assert their rights;

2) if the third party clearly and justifiably claim their rights;

3) if the decision is incompatible with the decision already taken by the requested Party on the same subject;

4) if the decision is contrary to the law of the requested Party;

5) If the decision was taken contrary to provisions on exclusive jurisdiction set forth in the legislation of the requested Party.

Article 21

1. Documents submitted in accordance with this Convention shall be exempt from all legalization formalities.

2. Documents issued in the territory of one Party or certified by the competent authority or specially authorized person within their competence and in the prescribed form and officially sealed, shall be accepted in the territories of all other Parties without any special confirmation.

3. Documents considered official in the territory of one of the Parties shall enjoy the probative force of official documents in the territory of the other Parties.

Article 22

1. On matters falling within the scope of this Convention, the competent authorities of the Parties may submit the official documents regarding natural and legal entities in the territory of the other Party through diplomatic channels or by other means, as well as through the competent authorities of the other Party.

2. On matters falling within the scope of this Convention, the competent authorities of the Parties shall assist each other to ensure delivery of official documents to individuals and legal entities.

Article 23

The Parties shall take the necessary measures to prevent granting of refugee status and respective documents to persons involved in the offenses covered by this Convention.

Article 24

1. At the request of the other Party, a Party shall take necessary measures to ensure accountability of the legal entity involved in the crimes covered by this Convention, in particular:

1) seizing property which may later be subject to confiscation;

2) suspending (freezing) financial transactions;

3) suspending certain activities of the legal entity (radio and television transmission, media publication, including electronic).

2. The measures provided for in paragraph 1 of this Article shall be exercised in accordance with the law of the Requested Party and this Convention.

3. Before lifting the measures provided for in this Convention, the requested Party shall ensure that the requesting Party has the right to present their arguments supporting the implementation of this measure.

Article 25

1. The Party requested to impose sanctions against the legal entity (its structural units) involved in the commission of at least one of the offenses covered by this Convention, that has assets or operates in its territory:

1) either shall implement court decision or resolution of other competent authority of the requesting Party regarding imposition of sanctions;

2) either, based on the facts and findings presented in the decision of the requesting Party, shall conduct trial in accordance with its legislation on imposition of sanctions.

2. These measures in respect of legal entity shall be applied in accordance with the law of the requested Party.

Article 26

In accordance with national legislation in order to ensure confiscation, the Parties shall take measures to:

1) seize funds, securities, valuables, weapons, its components (spare parts), ammunition, explosives and other property intended for use (or used) as a means of committing crimes, or for financing one of the offenses covered by this Convention;

2) ensure the seizure of a sum of money equivalent to the value of such property, if the seizure of property referred to in this article is not possible.

Article 27

1. The request related to the confiscation of property of individuals or legal entities made in accordance with this Convention shall not affect the right of the requested Party to implement the decision on the confiscation of property in respect of the same individuals or legal entities.

2. The total value the property confiscated pursuant to the may not exceed the amount specified in the decision on confiscation. If a Party concludes that this may occur, the Parties shall hold consultations in order to prevent such consequences.

3. The property of a legal entity being liquidated on the grounds specified in this Convention remaining after satisfaction of creditors' claims, shall also be subject to confiscation.

4. The Party that confiscated the property pursuant to the request shall ensure its preservation and it shall disposes of the confiscated property in accordance with its legislation.

5. By agreement of the Parties, the confiscated property or the amount of funds equivalent to the value of such property may be transferred in whole or in part to the Party that made a decision on confiscation.

Article 28

The Parties shall bear their own expenses related to the implementation of this Convention unless agreed otherwise.

Article 29

1. If the claim is filed for compensation for damage caused by wrongful acts or inaction in the course of cooperation under this Convention, the Parties shall consider the possibility of holding consultations with each other in order to agree on the shares of amounts payable as compensation for this damage.

2. The Party sued for damages shall inform the other interested Parties.

Article 30

This Convention shall neither limit the right of the Parties to conclude other international treaties on the subject matters of the present Convention consistent with its goals and object, nor affect the rights and obligations of the Parties arising from other international treaties they are parties to.

Article 31

1. This Convention is concluded for an indefinite period.

2. This Convention shall be subject to ratification by the signatory States. The instruments of ratification shall be deposited with the Depositary. The Convention shall enter into force on the thirtieth day after the date of the deposit of the fourth instrument of ratification with the Depositary.

3. In respect of a Party ratifying this Convention after the date of the deposit of the fourth instrument of ratification, it shall enter into force on the thirtieth day after the date of deposit of its instrument of ratification.

4. The depositary of this Convention shall be the Secretariat of the Shanghai Cooperation Organization.

Article 32

1. This Convention shall be open to accession by other States sharing its provisions. Subject to the consent of all the Member States of the Shanghai Cooperation Organization the accession shall be made effective by the deposit to the Depositary of the instrument of such accession.

2. For each acceding State this Convention shall enter into force on the thirtieth day after the date of the deposit of the notification of accession.

Article 33

In accordance with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations.

Article 34

The present Convention may be changed or amended by separate protocols that form its integral part. Changes and amendments may be proposed by any Party by forwarding the relevant notification to the Depositary who shall promptly send them to the other Parties.

Article 35

Each Party may withdraw from this Convention by giving a written notification to the Depositary at least six months before the intended date of withdrawal. Within thirty days of the receipt of the notification of withdrawal, the Depositary shall inform the other Parties.

Article 36

In the event of disputes or disagreements between the Parties related to application or interpretation of the provisions of this Convention, the Parties concerned shall settle them through consultations and negotiations.

Article 37

1. In the implementation of cooperation of the Parties under this Convention, Russian and Chinese shall be the working languages.

2. The original of this Convention shall be deposited with the Depositary, who shall send certified copies of this Convention to all signatory States. Done at the city of Yekaterinburg, on June 16, 2009, in a single original, in the Russian and Chinese languages, both texts being equally authentic.

Signatures


Reservation of the Republic of Uzbekistan to the Convention of the Shanghai Cooperation Organization against Terrorism (made during signing)

Provisions of Convention, concerning the confiscation of the property of the individuals and legal entities as measures of criminal punishment shall not apply in the Republic of Uzbekistan, as contrary to its national legislation.

Signatures