REGULATION on the Status of Observer at the Collective Security Treaty Organization

Unofficial translation

REGULATION
on the Status of Observer at the Collective Security Treaty Organization

 

Pursuant to Article 21 of the CSTO Charter of 7 October 2002, this Regulation on the Status of Observer (hereinafter referred to as “the Regulation”) at the Collective Security Treaty Organization (hereinafter referred to as “the CSTO” or “the Organization”) shall establish the legal status of Observer at the CSTO (hereinafter referred to as “the Observer”), as well as the modalities and procedure of granting thereof to an interested state or international organization or the procedure of termination of this status.

I. General provisions

1.1     The Observer shall be a state or an international organization that is interested in studying the CSTO open regulatory and legal framework, expertise and practical experience without accepting the obligation to participate in the CSTO’s actions and is granted this status as specified in the Regulation.

1.2     The status of Observer shall be granted to a state or international organization interested in cooperating and establishing contacts with the Organization as well as showing interest in the specific areas of the CSTO's activities envisaged by the Collective Security Treaty, the Charter and other international treaties effective within the Organization.

1.3     A state willing to receive the Observer status shall comply with the following criteria and conditions:

-        be a Member State of the United Nations, fulfill in good faith all its obligations under the UN Charter, respect universally recognized principles and norms of international law;

-        have diplomatic relations with all Member States of the CSTO;

-        support settlement of international disputes and conflicts exclusively by peaceful means;

-        support settlement of intra-State, inter-ethic, territorial and political disputes in accordance with norms and principles of international law, including provisions of the UN Charter, and of the Helsinki Final Act;

-        be under no UN Security Council sanctions for the violation of universally recognized principles and norms of international law; and

-        observe international regimes for the non-proliferation of weapons of mass destruction.

1.4     An international organization willing to receive the Observer status shall comply with the following criteria and conditions:

-        act in strict compliance with the UN Charter, decisions of the UN Security Council and universally recognized principles and norms of international law;

-        act in no areas contrary to relevant international treaties and other CSTO documents;

-        support settlement of international disputes and conflicts exclusively by peaceful means in accordance with universally recognized principles and norms of international law;

-        support settlement of intra-State, inter-ethic, territorial and political disputes in accordance with norms and principles of international law, including provisions of the UN Charter, and of the Helsinki Final Act; and

-        support observance of international regimes for the non-proliferation of weapons of mass destruction.

II. Modalities of granting the Observer status.

Observer rights and obligations.

2.1     The procedure of granting the status.

2.1.1 A state or an international organization willing to receive the Observer status shall send an application signed by the Head of State (Head of Government) or head of the international organization to the CSTO Secretary General requesting the CSTO Collective Security Council (hereinafter referred to as “the CSC” or “the Council”) to grant the status of Observer.

The application shall specify areas of the CSTO activities that are of interest to the candidate to Observer and declare the willingness to refrain from any actions that may be detrimental to the interests of the CSTO and its Member States.

2.1.2 The CSTO Secretary General, if necessary, may ask for additional information on the substance of such request, then shall send it to the CSTO Member States, inform the candidate to an Observer that its application has been approved and arrange preparation of the documents related to the request to grant the Observer status no later than within three months.

2.1.3 The CSTO Secretary General shall submit prepared draft documents in due course to the Council of Ministers of Foreign Affairs, the Council of Ministers of Defense, the Committee of Secretaries of the Security Councils (hereinafter referred to as “the CMFA, CMD, CSSC”, respectively) and the Council.

2.1.4 The decision to grant or terminate the CSTO Observer status shall be taken by the Council by consensus on the basis of the submission by the CMFA in coordination with the CMD and the CSSC, and the CSTO Secretary General shall notify the respective state or international organization of the decision taken within ten days after its coming into force.

2.1.5 During the review of the request for granting the Observer status, official representatives of the respective state or international organization may be invited to meetings of the CSTO Permanent Council, CMFA, CMD, CSSC and then the Council meetings.

2.1.6 The Council shall be entitled to refuse to grant the Observer status. This issue may be re-opened not earlier than one year later.

2.1.7 The Observer status shall take effect following the signing between the CSTO (represented by the CSTO Secretary General) and the state or international organization of a protocol on granting a state or an international organization the Observer status (hereinafter referred to as “the Protocol”) that specifies the areas of future cooperation between the state or international organization and the CSTO.

2.2     Observer rights and obligations.

2.2.1 The Observer shall have the right to:

a)       attend Council open sessions, and CMFA, CMD and CSSC meetings when Protocol-specified issues are considered without taking part in discussions and decision-making;

b)      participate in open meetings of the CSTO Permanent Council (hereinafter referred to as “the Permanent Council”) as well as of subsidiary bodies and working groups when Protocol-specified issues and issues of mutual interest are considered;

c)       attend the CSTO collective security system joint exercises, operations and operational and preventive activities; and

d)      participate in academic and expert meetings (fora, conferences and seminars), exhibitions and other events in areas related to cooperation with the Observer.

2.2.2 The Observer shall have the right to speak at the events included in paragraphs 2.2.1 b)-d) of this Regulation on subjects of cooperation, receive from the permanent working bodies of the Organization documents and materials disseminated among the participants in the events (if distribution of those documents and materials is not restricted).

2.2.3 The Observer shall have the right to disseminate its own documents and materials on issues of common interest within the CSTO competence by the common consent of the CSTO Member States through the permanent working bodies of the Organization.

2.2.4 The Observer shall inform the permanent working bodies of the Organization of its intention to participate in the CSTO bodies’ meetings and in the events included in paragraph 2.2.1 of this Regulation no later than 20 working days before those events.

Upon receipt of such request, the CSTO Secretary General shall immediately inform the CSTO Member States of the Observer’s intention to attend the said events.

The level of Observer’s representation at such events shall correspond to that of CSTO Member States’ representation.

2.2.5 By mutual agreement, meetings or consultations may be held in a format “the CSTO Member States and the Observer” or “the permanent working bodies and the Observer.” Following the meeting or consultation, a protocol may be adopted and signed by representatives of the CSTO Member States (or CSTO permanent working bodies) and the Observer at the level of these meetings and consultations.

The protocols of meetings or consultations shall be drafted in Russian with its copies sent by the CSTO Secretary General to the CSTO Member States.

2.2.6 The Observers shall establish and maintain formal contact with the Organization via the CSTO permanent working bodies through its diplomatic and other missions.

2.2.7 The Observer should refrain from any actions and/or statements that may be detrimental to the interests of the Organization and CSTO Member States.

2.2.8 The Observer shall bear all the costs of its participation in the CSTO events.

2.2.9 The Observer, if necessary, shall provide translations of documents and statements from the official language of the Observer into Russian and from Russian into the official language of the Observer.

III. Modalities of termination of the Observer status

3.1     If the Observer commits actions and/or makes statements against one of the CSTO Member States or the Organization itself, as well as the provisions of the CSTO Charter and decisions of the CSTO bodies, by the Council’s decision the Observer status of such state or organization may be revoked in accordance with the procedure established in paragraph 2.1.4 of this Regulation with the Protocol terminated by the CSTO unilaterally. The CSTO Secretary General shall notify the respective state or international organization of the decision taken within one week from the date of its entry into force.

3.2     The Observer may renounce its Observer status by notifying thereof the CSTO Secretary General, who shall inform the CMFA, CMD, CSSC and the Council. The Observer status shall be deemed revoked from the date of entry into force of the Council’s relevant decision. The CSTO Secretary General shall notify the respective state or international organization of the decision taken by the Council within ten days.

IV. Final provisions

4.1     Amendments and supplements may be made to this Regulation by mutual consent of the CSTO Member States and shall become effective on the date of their approval by the Council.

 

 

 

 

 

 

 

 

 

fin12/2021/ДЛО МИД России

 


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