Memorandum
of Obligations of the Islamic Republic of Iran with the aim of obtaining the status of the Member State of Shanghai Cooperation Organization
The Member States of the Shanghai Cooperation Organization, the Shanghai Cooperation Organization (hereinafter — the SCO or the Organization) and the Islamic Republic of Iran, hereinafter — the Parties,
Reaffirming their commitment to the goals and principles set down in the Shanghai Cooperation Organization Charter of 7 June 2002 (hereinafter — the Charter) and the Articles of the Treaty on Long-term Good-neighborliness, Friendship and Cooperation of the Shanghai Cooperation Organization member states of 16 August 2007 (hereinafter — the Treaty), as well as the relevant international treaties and documents adopted within the SCO framework,
Based on the Regulations on the order of admitting new Members to the Shanghai Cooperation Organization of 11 June 2010 (hereinafter — the Regulations) and the Decision No. 19 of the SCO Heads of State Council (hereinafter — HSC) dated 17 September 2021 on the beginning of the procedure of accepting the Islamic Republic of Iran as a Member of the Shanghai Cooperation Organization,
Have agreed on the following:
Article 1
The status of the Memorandum
1.1. This Memorandum is an international treaty and contains obligations undertaken by the Islamic Republic of Iran with the aim of obtaining the status of a Member State of the SCO.
Article 2
General obligations of the Islamic Republic of Iran
2.1. The Islamic Republic of Iran is obliged to abide by the goals and principles of the Charter, the Articles of the Treaty, as well as the international treaties and documents adopted within the SCO framework.
Article 3
Accession of the Islamic Republic of Iran to the international treaties within the SCO Framework3.1. The Islamic Republic of Iran is obliged to join all the international treaties and documents adopted in the SCO framework, in accordance with the timeline indicated in this Article.
3.2. The Islamic Republic of Iran is obliged to join the Charter, the Shanghai Convention on Combating Terrorism, Separatism and Extremism of 15 June 2001, as well as their protocols, not later than 1 December 2022 from the date of receipt by the SCO Secretariat of a notification concerning the completion by the Islamic Republic of Iran of internal state procedures necessary for the present Memorandum to enter into force.
3.3. Upon completion of the procedures indicated in paragraph 3.2. of this Article, the Islamic Republic of Iran is obliged to join not later than 15 January 2023 to the international treaties adopted within the SCO framework enlisted in Appendix No. 1 of this Memorandum.
3.4. Upon fulfillment of the obligations mentioned in paragraphs 3.2. and 3.3. of this Article and on the condition of entry into force of this Memorandum, the Islamic Republic of Iran obtains the right to join the international treaties in the SCO framework enlisted in Appendix No. 2 of this Memorandum. The Islamic Republic of Iran is obliged to join them not later than 15 April 2023.
3.5. The Accession to the international treaties within the SCO framework shall be deemed to have been accomplished upon entry into force vis-à-vis the Islamic Republic of Iran of the international treaties mentioned in Paragraph 3.2. of the present Article as well as Appendices Nos. 1 and 2 of this Memorandum. After that the HSC, in accordance with the order determined by the Regulations, shall take a decision on granting the status of a Member State of the SCO to the Islamic Republic of Iran.
3.6. In the event of non-fulfillment of the obligations by the Islamic Republic of Iran within the timelines for accession to the international treaties mentioned in paragraph 3.2. of this Article as well as Appendices Nos. 1 and 2 of this Memorandum, the Islamic Republic of Iran has the right to lodge only one request with the SCO Secretariat for a possible reconsideration of the timeline for accession. New timeline for Accession of the Islamic Republic of Iran to the international treaties within the SCO framework must not exceed the initial relative time period envisaged by Paragraphs 3.2., 3.3. and 3.5. of the present Memorandum. The Council of National Coordinators of the Member States of the SCO prepares a recommendation on the relevant request of the Islamic Republic of Iran to be considered by the Council of Foreign Ministers of the Member States of the SCO (hereinafter — CFM). The HSC, guided by the CFM recommendation, takes a respective decision on this issue.
3.7. The decisions of the SCO bodies, which had been adopted prior to the admission of the Islamic Republic of Iran to the Organization, shall become applicable vis-à-vis the Islamic Republic of Iran from the date of adoption of the HSC decision mentioned in Paragraph 3.5. of the present Article.
Article 4
Financial aspects of admission to the SCO
4.1. The amount of annual contribution of the Islamic Republic of Iran to the budget of the Organization is determined on the basis of share cost principle envisaged by the SCO Charter and the Agreement on the order of formation and execution of the SCO budget of 1 December 2017.
4.2. The contribution of the Islamic Republic of Iran to the SCO budget equals 5,8 per cent. Upon entry into force of the present Memorandum, respective changes and supplements are made to the Appendix to the Agreement on the order of formation and execution of the SCO budget of 1 December 2017.
4.3. The first contribution of the Islamic Republic of Iran to the budget of the Organization is made during a fiscal year following the year of entry into force of the changes and supplements to the Agreement on the order of formation and execution of the SCO budget of 1 December 2017 mentioned in Paragraph 4.2. of the present Article.
Article 5
Filling in quotas for positions at the SCO permanent bodies
5.1. In accordance with the amount of the financial contribution to the SCO budget, the Islamic Republic of Iran is allocated 4 staff positions at the SCO permanent bodies (2 staff positions in the SCO Secretariat, 2 staff positions in the SCO Regional Anti-terrorist structure Executive committee). The new structure and staff schedule are approved by a decision of the Council of Heads of Government (Prime Ministers) of the Member States of the SCO.
5.2. The Islamic Republic of Iran shall send its citizens to fill in the positions of its quota at the SCO permanent bodies in accordance with the approved staff schedule, upon the payment of its contribution to the budget of the Organization.
Article 6
Suspension or Termination of the Memorandum
6.1. In the event of violation by the Islamic Republic of Iran of its obligations to abide by the goals and principles of the Charter or non-fulfillment of the obligations set out down in this Memorandum, Member States of the SCO and the SCO, in accordance with a HSC decision taken upon a CFM recommendation, may suspend or terminate the present Memorandum. Within 15 days from the date of adopting the relevant decision the SCO Secretariat shall inform the Islamic Republic of Iran through a written notification concerning this decision. The validity of this Memorandum shall stand suspended or terminated after 30 days from the date of forwarding by the SCO Secretariat a written notification to the Islamic Republic of Iran.
6.2. A decision on renewing the validity of the present Memorandum, in the event of its suspension, may be taken by the Member States of the SCO and the SCO, in accordance with a HSC decision based on a CFM recommendation, upon the request of the Islamic Republic of Iran. Within 15 days from the date of adoption the relevant decision the SCO Secretariat shall inform the Islamic Republic of Iran through a written notification about the decision. The present Memorandum renews its validity after 30 days from the date of forwarding by the SCO Secretariat a written notification to the Islamic Republic of Iran.
Article 7
Final Provisions
7.1. This Memorandum shall enter into force after 30 days from the date of receipt by the SCO Secretariat the last written notification on the completion by the Member States of the SCO and the Islamic Republic of Iran of internal state procedures necessary for its entry into force. The SCO Secretariat shall inform the Parties of the incoming written notifications on the completion of internal state procedures.
No changes and amendments can be made to the present Memorandum, with the exception of the instances envisaged under paragraph 3.6. of Article 3, as well as paragraph 4.2. of Article 4, paragraph 5.1. of Article 5, Appendices Nos. 1 and 2 of this Memorandum.
7.2. Disputes and disagreements arising from the application and/or interpretation of this Memorandum shall be resolved through consultations between the Parties.
7.3. The SCO Member States and the SCO, in accordance with a HSC decision based on a CFM recommendation, or in accordance with a decision of the Islamic Republic of Iran, with the exception of the instances envisaged by Article 6, can terminate the present Memorandum by forwarding a written notification to the other Parties not later than within 90 days before the presumed date of its termination.
7.4. In the event of the termination of this Memorandum the Parties shall settle all obligations envisaged by this Memorandum.
Done in the city of Samarkand on September 16, 2022 in two originals in the Russian, Chinese and English languages, all texts being equally authentic.
(signatures)
APPENDIX No. 1
to the Memorandum of obligations of the Islamic Republic of Iran with the aim of obtaining the status of the Member State of the Shanghai Cooperation Organization
to the Memorandum of obligations of the Islamic Republic of Iran with the aim of obtaining the status of the Member State of the Shanghai Cooperation Organization
LIST
of the international treaties in force within the SCO*
1. Agreement on Regional Anti-terrorist Structure between the Member States of the Shanghai Cooperation Organization, 7 June 2002. Entered into force on 14 November 2003.
2. Protocol on Amendments to the Agreement on Regional anti-terrorist Structure between the Member States of the Shanghai Cooperation Organization, 5 September 2003. Entered into force on 1 October 2004.
3. Agreement on the Protection of Confidential Information in the Framework of Regional Anti-terrorist Structure of the Shanghai Cooperation Organization, 17 June 2004. Entered into force on 19 November 2015.
4. Protocol on Amendments to the Agreement on Regional Anti-terrorist Structure between the Member States of the Shanghai Cooperation Organization, 16 August 2007. Entered into force on 25 June 2009.
5. Memorandum between the Governments of the Member States of the Shanghai Cooperation Organization on the Fundamental Goals and Directions of Regional Economic Cooperation and the Launch of the Process of Creating Favourable Conditions in Trade and Investment, 14 September 2001. Entered into force from the date of signature.
6. Protocol to the Memorandum between the Governments of the Member States of the Shanghai Cooperation Organization on the Fundamental Goals and Directions of Regional Economic Cooperation and the Launch of the Process of Creating Favourable Conditions in Trade and Investment dated 14 September 2001. Entered into force from the date of signature.
7. Convention on the Privileges and Immunities of the Shanghai Cooperation Organization, 17 June 2004. Entered into force 4 October 2007.
8. Agreement on Cooperation in Combating Illicit Traffic of Narcotic Drugs, Psychotropic Substances, and Precursors between the Member States of the Shanghai Cooperation Organization, 17 June 2004. Entered into force on 16 August 2007.
9. Agreement on the Databank of the Regional Anti-terrorist Structure of the Shanghai Cooperation Organization, 17 June 2004. Entered into force on 11 April 2007.
10. Protocol on Cooperation and Coordination of Activities between the Ministries of Foreign Affairs of the Member States of the Shanghai Cooperation Organization, 17 June 2004. Entered into force from the date of signature.
11. Agreement on Cooperation in Identifying and Blocking the Channels of Entry into the Territory of the Member States of the Shanghai Cooperation Organization of the Persons Involved in Terrorist, Separatist and Extremist Activities, 15 June 2006. Entered into force on 6 November 2008.
12. Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Operations in the territory of the Member States of the Shanghai Cooperation Organization, 15 June 2006. Entered into force on 17 March 2009.
13. Agreement on the Procedure for Preparation and Conducting Joint Anti-terrorist Exercises among the Member States of the Shanghai Cooperation Organization, 28 August 2008. Entered into force on 29 November 2013.
14. Agreement on Cooperation in Ensuring International Information Security between the Member States of the Shanghai Cooperation Organization, 16 June 2009. Entered into force on 2 June 2011.
15. Agreement on the Training of Personnel for Anti-terrorist Units of the Member States of the Shanghai Cooperation Organization, 16 June 2009. Entered into force on 13 September 2011.
16. Convention of the Shanghai cooperation organization against terrorism, 16 June 2009. Entered into force on 14 January 2012.
17. Agreement between the Governments of the Shanghai Cooperation Organization member States on Creating Favorable Conditions for International Road Transport dated September 12, 2014. Entered into force on January 20, 2017.
18. Agreement on the procedure for the formation and execution of the Budget of the Shanghai Cooperation Organization dated December 1, 2017. Entered into force on February 26, 2018.
19. Convention of the Shanghai Cooperation Organization on Countering Extremism of June 9, 2017. Entered into force on May 10, 2019.
*n List No. 1 included international treaties of the SCO, open for accession by the States parties to the SCO Charter of 7 June 2002, the Shanghai Convention on combating terrorism, separatism and extremism of 15 June 2001, and is also open to accession by any state
APPENDIX No.2
to the Memorandum of obligations of the Islamic Republic of Iran with the aim of obtaining the status of the Member State of the Shanghai Cooperation Organization
to the Memorandum of obligations of the Islamic Republic of Iran with the aim of obtaining the status of the Member State of the Shanghai Cooperation Organization
LIST
of international treaties in force within the SCO**
1. Agreement on Interbank Cooperation (Association) in the Framework of the Shanghai Cooperation Organization, 26 October 2005. Entered into force from the date of signature.
2. Agreement on Technical Protection of Information in the Regional Anti-terrorist Structure of the Shanghai Cooperation Organization, 15 June 2006. Entered into force on 05 September 2015.
3. Agreement on Disaster Relief Mutual Assistance between the Governments of the Member States of the Shanghai Cooperation Organization, 26 October 2005. Entered into force on 24 July 2007.
4. Agreement on Cooperation in Education between the Governments of the Member States of the Shanghai Cooperation Organization, 15 June 2006. Entered into force on 30 January 2008.
5. Agreement between the member States of the Shanghai Cooperation Organization on joint military exercises dated June 27, 2007. Entered into force on August 8, 2018.
6. Agreement on Cooperation in Culture between the Governments of the Members States of the Shanghai Cooperation Organization, 16 August 2007. Entered into force on 24 April 2014.
7. Agreement on Cooperation and Mutual Assistance in Customs Affairs between the Governments of the Member States of the Shanghai Cooperation Organization, 2 November 2007. Entered into force 24 April 2014.
8. Treaty on Long-term neighborliness, Friendship and Cooperation of the Member States of the Shanghai cooperation organization, 16 August 2007. Entered into force on 31 October 2012.
9. Agreement on Cooperation in Combating Illicit Trafficking in Arms, Ammunition and Explosives between the Governments of the Member States of the Shanghai Cooperation Organization, 28 August 2008. Entered into force on 3 may 2010.
10. The Protocol on Information Sharing in the Field of Customs Control Over Transportation of Energy Resources between the Customs Services of the Member States of the Shanghai Cooperation Organization, 30 October 2008. Entered into force from the date of signature.
11. Protocol between the Customs services of the Shanghai Cooperation Organization member States on cooperation in the field of training and advanced training of Customs officials dated October 14, 2009. Entered into force on November 3, 2017.
12. Agreement on Cooperation in Combating Crime between the Governments of the Member States of the Shanghai Cooperation Organization, 11 June 2010. Entered into force on 11 January 2012.
13. The Agreement on Cooperation in Agriculture between the Governments of the Member States of the Shanghai Cooperation Organization, 11 June 2010. Entered into force on 15 August 2014.
14. Agreement between the Governments of the Shanghai Cooperation Organization member States on cooperation in the field of healthcare dated June 15, 2011. Entered into force on May 14, 2020.
15. Protocol on the Interaction of Customs Services of the member States of the Shanghai Cooperation Organization in the Law Enforcement Sphere dated December 15, 2014. Entered into force on January 9, 2017
16. Protocol to the Agreement on Disaster Relief Mutual Assistance between the Governments of the Member States of the Shanghai Cooperation Organization, 5 December 2012. Entered into force on 14 March 2015.
17. Agreement on scientific and technological cooperation between the Governments of the Shanghai Cooperation Organization Member States, 13 September 2013. Entered into force on 20 October 2015.
18. Agreement on cooperation between Ministries of Justice of the Shanghai Cooperation Organization Member States, 18 August 2015. Entered into force from the date of signature.
19. Agreement on Cooperation and Interaction of the Shanghai Cooperation Organization member States on Border Issues dated July 10, 2015. Entered into force on October 29, 2016.
20. Agreement on cooperation between the Ministries of Defense of the Shanghai Cooperation Organization member States dated April 24, 2018. Entered into force from the date of signing.
21. Protocol on Amendments to the Agreement between the SCO member States on Joint Military Exercises dated June 27, 2007, signed on April 29, 2019. Entered into force on June 7, 2021.
22. Agreement between the authorized bodies of the Shanghai Cooperation Organization member States on cooperation in the field of physical culture and sports dated June 14, 2019. Entered into force from the date of signing.
23. Agreement between the Governments of the Shanghai Cooperation Organization member States on cooperation in the field of mass media, dated 14 June 2019. Entered into force on November 28, 2021.
24. Agreement between the authorized bodies of the Shanghai Cooperation Organization member States on cooperation in the field of youth work dated September 17, 2021. Entered into force from the date of signing.
25. Agreement between the Governments of the Shanghai Cooperation Organization member States on cooperation in the Field of protection of Cultural Heritage Objects dated September 17, 2021 Entered into force from the date of signing.
**In the List No. 2 included international treaties SCO open for accession by any state member of the SCO.