Евразийское экономическое сообщество

Adopted

by Resolution of the EurAsEC

Interstate Council

13 May 2002, No. 55

FUNDAMENTALS

of the Border Policy of Member States

of the Eurasian Economic Community

The Fundamentals of the Border Policy of Member States of the Eurasian Economic Community systematize the official positions of these states on purposes, objectives, guidelines, and mechanisms for implementation of the border policy of the member states of the Community.

1. GENERAL PROVISIONS

The border policy of member states of the Community shall mean the states’ joint activity in implementing a package of measures pertaining to exercising their functions in the border areas. It ensures sovereignty and territorial integrity, as well as the realization of national interests and security of member states of the Community.

The border policy of member states of the Community is based on national constitutions, legislation and other regulations, as well as on international treaties to which the said states are the parties, on the resolutions of organs which exercise integration control within the Community, and on the general principles and rules of international law.

The border policy of member states of the Community is implemented in the border area of each of the Parties.

The border areas of member states of the Community, including their outer limits within the said areas (border checkpoints, cross-border (border) water bodies, territorial and inland waters) and air space shall be the object of the border policy.

Organs exercising integration control within the Eurasian Economic Community, organs of government, organs of government of administrative-territorial units, organs of local self-government, non-governmental and any other organizations, as well as citizens of member states of the Community shall be the subject of the border policy.

The purpose of the border policy of member states of the Community is to ensure the realization and protection of national interests, as well as the border security of member states of the Community.

Border security is deemed the security of vital interests of persons, society, and state in the border areas.

The major objectives of the border policy of member states of the Community:

Providing conditions to ensure the border security of member states of the Community;

Promoting interstate cooperation and implementing a package of measures in accordance with international treaties in order to prevent a military threat, as well as crises and conflicts in territories adjacent to the borders between the member states of the Community and states which are not members of the Community (hereinafter referred to as the outer borders);

Jointly counteracting negative economic, demographic and religious expansionism, as well as international terrorism;

Ensuring economic security at the outer borders;

Ensure the strengthening and development of the outer borders.

Principles of the border policy of member states of the Community:

Mutual respect for sovereignty and territorial integrity of states, as well as for inviolability of their borders;

Comprehensive cooperation in ensuring the protection and safety of the outer borders;

Mutual responsibility in adopting measures aimed at ensuring the protection of national borders, taking into consideration the safety of the borders of all member states of the Community;

Peaceful resolution of contentious border problems with neighboring states;

Respects for the rights and freedoms of citizens.

2. THe Major Threats to Border Security

of Member states of the Eurasian Economic Community

The major potential threats to border security of member states of the Community are:

Regional armed conflicts in the vicinity of outer borders of member states of the Community;

Territorial claims of neighboring states;

Acts of national and religious extremism, as well as of ethnic and regional separatism;

Cross-border organized criminal activity and international terrorism;

Instability in territories adjacent to the outer borders of member states of the Community, as a result of a decline in the living standards of the population;

Increase in illegal migration across the territories of member states of the Community, as well as in illegal economic activity;

Accidents, catastrophes, and natural disasters with cross-border transfer;

Adverse effects of an unfavorable sanitary-epidemiological situation in neighboring states on the member states of the Community, as well as the spread of mass infectious diseases dangerous to people, farm animals and crops on the territory of member states of the Community.

3. GUIDELINES FOR THE BORDER POLICY OF MEMBER STATES OF THE EURASIAN ECONOMIC COMMUNITY

3.1. Ensuring the border security of member states of the Community.

To ensure the border security of member states of the Community, it is essential to:

– create and develop a regulatory and legal framework for issues pertaining to borders;

– carry out all types of inspection at the outer borders (including passport and visa inspection, customs inspection, immigration control, inspection of motor vehicles, sanitary and quarantine control, veterinary control and phytosanitary control);

– make forecasts regarding the situation in the territories adjacent to the outer borders of member states of the Community, develop and implement measures to improve the mechanism of joint decision-taking.

3.2. Development of interstate and interregional cooperation between member states of the Community on border issues.

To ensure interstate and interregional cooperation on border issues, it is essential to:

– create a regulatory and legal framework for interstate and interregional cooperation between member states of the Community on border issues;

– cooperate in counteracting cross-border organized criminal activity, international terrorism, all types of smuggling activity, illegal arms traffic, drugs and psychotropic substances traffic, illegal migration, and other violations of law;

Cooperation between member states of the Community with states which are not members thereof on border issues is based on their mutual interests and aimed at continuous development of interaction and coordination of joint measures enabling the resolution of border issues.

3.3. International legal formalization of national borders of member states of the Community.

International legal formalization of national borders of member states of the Community shall be based on principles of international law as recorded in the UN Charter, as well as on other international legal documents and interstate treaties on the border issues currently in force.

The national borders of member states of the Community shall be inviolable. The Parties shall consistently adhere to the policy of conflict-free completion of the process of territorial division and formalization of their borders based on international treaties, and reject any claims in respect of these territories on the part of neighboring states, as well as attempts to unilaterally change the existing national borders.

The member states of the Community shall have the right to take appropriate measures to protect their national interests and collective border security at the outer borders of member states of the Community

3.4. Socio-economic and humanitarian development of the border areas of member states of the Community shall be ensured with the purpose of implementation of their common border policy and include:

– support for strengthening economic, social, cultural, humanitarian and other relations between the border administrative territorial units of member states of the Community;

– maintaining state control over national resources of the border areas;

– participation in ensuring control over migratory movements;

– support for and development of historical traditions and customs, protection and augmentation of the cultural and spiritual values of peoples residing in the border area, as well as of economic relations, family and friendly ties;

– ensuring the prevention of emergency situations in border areas; in case such situations occur, jointly taking appropriate measures to protect the population and mitigate the consequences.

3.5. Organization of joint research studies in the sphere of border policy on issues of mutual interest pertaining to protection of the border security of member states of the Community.

The following issues shall be given priority as subjects of studies in the sphere of border policy of member states of the Community:

– methods and practices for ensuring the border security of member states of the Community and the issues pertaining thereto;

– study of the effect of geopolitical factors on ensuring and protecting national interests, as well as the effect of border security of member states of the Community;

– development of mechanisms and strategies for peaceful resolution of the existing border problems;

– development of political, socio-economic, military technical, information, and humanitarian aspects of modern border policy;

– cooperation in the development of new technical equipment for border surveillance;

– study of the main principles and strategies aimed at ensuring border security, as well as improvement of modes and methods for protection of outer borders.

3.6. Organization and execution of special operations aimed at the prevention, detection and suppression of smuggling across borders of member states of the Community.

3.7. Promotion of close cooperation and continual contact between organs of administration of the Eurasian Economic Community and law enforcement agencies established within the framework of the Shanghai Cooperation Organization and aimed at ensuring economic security on the outer borders of the Eurasian Economic Community and counteracting smuggling activities.

3.8. Introduction of a package of administrative and technical measures with the purpose of establishing a joint information and analytical centre within the Eurasian Economic Community, and the creation of a uniform database of persons engaged in illegal activity across the outer borders of member states of the Community.

4. IMPLEMENTATION OF THE BORDER POLICY

OF MEMBER STATES OF THE EURASIAN ECONOMIC COMMUNITY

The border policy is implemented within a system of measures aimed at ensuring national security by joint coordinated efforts of the subjects of the border policy of Community member states. It shall be implemented in accordance with national legislation and respective powers through development and introduction of a special Program, and also exercised in the course of foreign policy, economic, financial, humanitarian, and other activities of member states of the Community.

The Council on Border Issues of member states of the Eurasian Economic Community shall be the organ responsible for ensuring implementation of coherent border policy and coordination of the activities of the Border Guard Services in respect of issues requiring joint efforts.

The Border Guard Services of member states of the Eurasian Economic Community shall ensure coordination of the activities of executive bodies of the respective states on border policy issues, acting within powers vested upon them in accordance with national legislation.

Training and retraining of border guards shall be carried out on the basis of bilateral interstate treaties, in accordance with the national legislation of member states of the Eurasian Economic Community.

The Fundamentals of the Border Policy may be supplemented and clarified by mutual agreement of member states of the Eurasian Economic Community.

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