LAW OF MONGOLIA

December 1, 2016               Ulaanbaatar city

(2022.08.19-ний өдрийн орчуулга) Unofficial translation

ON INTERNATIONAL TREATIES

/Revised edition/

CHAPTER ONE

GENERAL PROVISION

Article 1. Purpose of the law

1.1.The purpose of this law is to regulate relations in connection with establishing, ratifying, and approving bilateral and/or multilateral international agreements/treaties, interpreting and acceding to valid multilateral international treaties, implementing treaties, amending and revising treaties, terminating the validity of treaties, and publishing them.

Article 2. Legislation

2.1.Legislation on international treaties consists of the Constitution of Mongolia, the Law on Legislation, this law and other legislative acts issued in accordance with these laws.

2.2.If the international treaty of Mongolia stipulates otherwise than this law, the clauses of the international treaty shall prevail.

Article 3. Definition of terms

3.1.Terms used in this Law shall have the following meanings:

3.1.1."International treaty of Mongolia" means international agreements specifying rights and obligations of the parties and concluded between Mongolia and/or the Government of Mongolia and one or more foreign countries, or their governments, or international organizations in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments regardless of their type or name, and whatever its particular designation;

3.1.2."a power of attorney" means a document emanating from the competent authority of a State designating an official to represent Mongolia for signing the international treaty which is an expression of the consent of Mongolia to be bound by the international treaty, or for accomplishing any other act with respect to the treaty;

3.1.3."a confirmation letter" is a document proving that the State Great Khural of Mongolia has made a law ratifying the international treaty;

3.1.4."concluding an international treaty" means signing, ratifying, accepting, approving, acceding to a treaty that mutually agreed by Mongolia, the Government of Mongolia and one or more foreign countries and their governments or international organizations, and a treaty accepted by the international treaty, and exchanging documents constituting the treaty, and/or the act of agreeing internationally to bind the international treaty in similar ways;

3.1.5."accession" is a method by which Mongolia accepts a valid and multilateral international treaty, and an action that agreeing to follow it internationally according to this Law;

3.1.6."an international organization" is an international organization established at the intergovernmental level, or any other organization equivalent to it;

3.1.7."a commentary" is a statement issued in accordance with this Law in order to exclude or change the legal effect of certain provisions of the treaty when concluding an international treaty for Mongolia;

3.1.8."signing" means the act of signing an international treaty by an official authorized on behalf of Mongolia and the Government of Mongolia in accordance with this Law, and legal capacity and legal consequence of signature is defined by Vienna Convention on the Law of Treaties, this Law, and the international treaty;

3.1.9."initialing" means a marking of each page of the draft of international treaty with initials of an authorized official in order to prove that the draft of the international agreement has been finalized with the another party or other parties;

3.1.10."approved and/or authenticated text of the treaty" means the text of the treaty, which the parties have finally agreed upon and authenticated the draft of the multilateral international treaty in accordance with Articles 9 and 10 of the Vienna Convention on the Law of Treaties;

3.1.11."meeting the domestic requirements for the entry into force of an international treaty" means the act of ratifying and approving an international treaty in accordance with this Law.

3.2.If there is no state central administrative organization with functions of regulating matters specified in this Law that shall be covered by international agreements, establishing, concluding, implementing international agreements, preparing and/or presenting reports on the implementation of agreements, a state administrative organization or other state organizations in charge of above mentioned functions shall be equitant with the state central administrative organization.

Article 4. Scope of the law

4.1.This Law applies to international agreements between countries and governments regardless of their type and name.

4.2.This Law does not apply to inter-organizational agreements between the state central administrative organization and state administrative organizations, organizations that submit reports directly to the State Great Khural of Mongolia, judicial authorities, local self-governments and local administrative organizations, and similar organizations of foreign countries or international organizations.

4.3.If the agreement specified in the paragraph 4.2 of this Article establishes norms to be generally followed in the territory of Mongolia, the draft of the agreement shall be concluded on the basis of discussion and approval of the Government.

4.4.A procedure to conclude inter-organizational agreement stated in the paragraph 4.2 of this Article shall be approved by the Government.

4.5.This Law shall not apply to business transactions and contracts concluded between the Government of Mongolia and foreign legal entities and/or citizens, and/or other contracts governed by international private law.

Article 5. Principle of concluding the international treaty

5.1.International treaties shall be concluded in accordance with the Constitution of Mongolia, this Law, the concept of national security of Mongolia, the concept of foreign policy of Mongolia, the basis of the agreement, and generally accepted norms and principles of international law.

Article 6. Level and authority to conclude international treaty

6.1.International treaties of Mongolia shall be concluded on behalf of Mongolia at the inter-state level and on behalf of the Government at the inter-governmental level.

6.2.The President and/or the Government of Mongolia have the right to conclude international treaty on behalf of Mongolia between countries on matters within their full powers.

6.3.The Government of Mongolia has the right to enter into intergovernmental international treaty on matters within its full powers.

6.4.The state central administrative organization may enter into intergovernmental international treaties on behalf of the Government on the basis of obtaining the right to conclude international treaties from the Government in accordance with this Law.

Article 7. Language and translation of international treaty

7.1.Bilateral international treaties shall be concluded in the Mongolian language and in the official language of the other party, or in the language chosen by that party.

7.2.If, it is considered inappropriate to conclude the international treaty only in the languages ​​of both parties for reasons of understanding and interpretation of an international treaty, or for other reasons, the agreement may be concluded in one of the official languages ​​of the United Nations, or in another language agreed upon by the other party to the international agreement.

7.3.On the basis of mutual agreement with the other party to the international treaty, the bilateral international treaty may be concluded in only one language or foreign language.

7.4.Except as specified in paragraph 7.5 of this Article, the state central administrative organization in charge of matters regulated by the international treaty specified in paragraph 7.3 of this Article shall translate into Mongolian, and the state central administrative organization in charge of foreign relations shall review and confirm the translation.

7.5.If the international treaty referred to in paragraph 7.3 of this Article is a loan or assistance agreement with a foreign country, international organization, foreign state or international bank, or financial institution, the state central administrative body in charge of the matter shall translate and verify the translation of the agreement.

7.6.In the case of multilateral international treaty, the state central administrative organization in charge of regulating the agreement shall translate the international treaty into Mongolian and the state central administrative organization in charge of foreign relations and legal relations shall review and confirm the translation within the framework.

7.7.If a bilateral and/or multilateral international treaty is concluded in Mongolian, there is no need to translate and verify it as specified in paragraphs 7.4-7.6 of this Article.

7.8.Translation of international treaty can be performed by a citizen and legal entity on the basis of a contract.

7.9.A procedure for translation and verification of international treaties and fees for services shall be approved by the member of the Government in charge of foreign relations.

Article 8. Mandatory ratification of international treaty

8.1.The State Great Khural shall mandatory ratify the following international treaties:

8.1.1.In international treaty related to Mongolia's sovereignty, security, territory, state borders and inalienable human rights;

8.1.2.International treaty on the general terms of loans from foreign countries, international organizations, foreign and international banks and financial institutions;

8.1.3.International treaty that establishes different procedures than those stipulated in the laws of Mongolia, or requires amendments or addendums to the laws of Mongolia, or adopts new laws by the concluding, integrating, or implementing the said treaty;

8.1.4.International treaty related to legal assistance and extradition of criminals and convicts;

  8.1.5.International treaty related to free trade, double taxation and investment;

  8.1.6.General international treaty on defense cooperation.

8.2.Multilateral international treaty with mandatory ratification arrangements and bilateral international treaties agreed to be subject to mandatory ratification shall be ratified.

8.3.The following international treaties are not required to be ratified and can be concluded by the Government:

8.3.1.international treaty regulating reduction and exemption from customs and value-added taxes within the framework of aid provided by foreign countries, international organizations, foreign and international banks and financial institutions;

/This sub-paragraph was added according to the law as of June 9, 2017/

8.3.2.international treaty regulating the terms and conditions of mutual travel visas, fee reductions and exemptions.

/This sub-paragraph was amended according to the law as of June 9, 2017/

CHAPTER TWO
OFFER TO MAKE AN INTERNATIONAL TREATY, DISCUSSION OF DRAFT TREATY

Article 9. Offer to make bilateral and/or multilateral international treaty

9.1.On basis of mutual agreement with the state central administrative organization in charge of foreign relations, the state central administrative organization in charge of matters regulated by the international treaty shall submit the proposal to conclude a bilateral and/or multilateral international treaty with the final agreed upon or reviewed draft treaty, or a copy of the original text approved or signed, if possible, with a certified copy, and, if necessary, with its translation to be discussed at the Cabinet meeting according to the relevant regulations.

9.2.Proposals to conclude bilateral and/or multilateral international treaties specified in the sub-paragraph 8.1.3 of this Law that must be mandatory ratified shall be discussed at the Cabinet meeting on basis of mutual agreement with the state central administrative organizations in charge of foreign relations and legal matters.

9.3.A draft of bilateral and/or multilateral international treaty from the Mongolian side is the responsibility of the state central administrative organization in charge of matters that resolved in that treaty and, if necessary, that organization may develop the draft, negotiate the draft of the international treaty with the another party or with other parties of the treaty, and finalize the draft of international treaty in cooperation with other relevant organizations.  

9.4.If the Government discusses and supports proposals for binding bilateral and/or multilateral international treaty, and/or final agreed upon or reviewed drafts of international treaties, and/or approved or signed texts, it shall be consulted in advance with the relevant Standing Committee of the State Great Khural pursuant to the relevant procedures.

9.5.If it is necessary to determine the state central administrative organization for the implementation of the international treaty after concluding a multilateral international treaty, the proposal in this regard shall be discussed along with the proposal specified in paragraph 9.1 of this Article.

9.6.On basis of receiving approval stated in 20.8 and 20.9 of the Law on Legislation, the proposal for concluding a bilateral international treaty, stipulated in sub-paragraph 8.1.2 of this Law, in connection with the occurrence of sudden situations or force majeure, and the shift to public readiness regime shall be discussed at the Cabinet meeting along with the draft treaty, its translation, a bill of ratification, and its concept.

/This paragraph was added in accordance with the law as of April 9, 2020/

Article 10. Proposal for acceding to multilateral international treaty

10.1.A proposal for acceding to a valid multilateral international treaty shall be discussed at the Cabinet meeting along with a copy of the original text of the relevant multilateral international treaty, a certified copy (if possible), and its translation (if necessary) pursuant to the procedure specified in paragraph 9.2 of this Law.

10.2.A proposal for acceding to multilateral international treaties specified in sub-paragraph 8.1.3 of this Law, which must be ratified mandatory, shall be discussed at the Cabinet meeting in accordance with the procedure specified in paragraph 9.2 of this Law.

10.3.If the Government supports the proposal to accede to a multilateral international treaty that must be ratified and/or the multilateral international treaty, it shall be consulted in advance with the relevant Standing Committee of the State Great Khural in accordance with the relevant procedures.

10.4.If the due date for signing a multilateral international treaty, that must be ratified, has expired, or if it is not necessary to sign, a bill on the ratification of that multilateral international treaty, and, if necessary, other relevant bills and a draft of concepts shall be prepared and discussed along with the proposal to accede to that multilateral international treaty according to 10.1 of this Article.

10.5.If the due date for signing a multilateral international treaty, that does not require ratification, has expired, or if a signature is not required, a draft of government resolution on the approval of that international treaty shall be prepared and discussed along with a proposal for accession to the valid multilateral international treaty pursuant to 10.1 of this Article.

10.6.When discussing a proposal to accede to a valid multilateral international treaty in accordance with 10.1 of this Article, if it is necessary to comment on the multilateral international treaty and/or determine the state central administrative organization that would implement the multilateral international treaty, the proposal in this regard shall be discussed along with.

CHAPTER THREE
DECISION TO NEGOTIATE CONCLUDING INTERNATIONAL TREATY

AND SIGN THE TREATY

Article 11. Decision to negotiate concluding international treaty and to sign the treaty

11.1.In accordance with this Law and other relevant laws and regulations, the Government shall make a decision to negotiate and sign a draft of international treaty, that must be ratified, by discussing with the relevant Standing Committee of the State Great Khural in advance.

11.2.The Government shall make a decision to negotiate and sign a draft of international treaty that does not require mandatory ratification.

11.3.The question of whether it is necessary to obtain a right/permission to negotiate a draft of the international treaty in advance shall be decided by the state central administrative organization in charge of matters regulated by the international treaty on the basis of mutual agreement with the state central administrative organization in charge of foreign relations.

11.4.If it is decided that it is necessary to obtain the right/permission to negotiate the draft of the international treaty in advance, the proposal to obtain the right/permission to negotiate and the draft of the international treaty of Mongolian side shall be discussed and decided by the relevant Standing Committee of the State Great Khural or the Government in accordance with 11.3 of this Article.

Article 12. Decision to conclude and sign bilateral and/or multilateral international treaties

12.1.In accordance with the relevant procedures, the Government shall make one of the following decisions after discussing the proposal to conclude a bilateral and/or multilateral international treaty that does not require ratification, the final agreed or initialed draft of the international treaty, or the approved and/or authenticated original text:

12.1.1.to approve the draft of the international treaty or the entire text, and to grant the relevant official the right to sign the international treaty;

12.1.2.to give a direction to make specific principled corrections or amendments in connection with the draft of international treaty, except the approved and/or authenticated original text, to the state central administrative organization that submitted for the discussion;

  12.1.3.a refusal to conclude an international treaty.

12.2.A proposal for concluding a bilateral and/or multilateral international treaty, that must be ratified, and finally agreed or reviewed draft treaty, or initialed draft, or approved and/or authenticated original text, submitted by the Government for prior consultation shall be discussed by the relevant Standing Committee of the State Great Khural in accordance with the procedure specified in Article 28 of the Law on the Rules of Session of the State Great Khural of Mongolia.

12.3.Pursuant to the Government decision specified in sub-paragraph 12.1.2 of this Article and the opinion and conclusion of the Standing Committee issued according to paragraph 12.2 of this Article, the organization specified in paragraph 9.3 of this Law shall negotiate with other party of the international treaty on corrections, additions and/or amendments to the draft treaty, and the result of the negotiation shall be discussed by Government, or shall be resubmitted to the State Great Khural for discussion in accordance with the relevant regulations.

Article 13. Decision to accede to a multilateral international treaty and to sign an international treaty

13.1.The Government shall make one of the following decisions upon discussing a proposal for accession to valid multilateral international treaty that does not require ratification, a draft treaty, and a draft of Government resolution on approving the international treaty in cases specified in paragraph 10.5 of this Law:

13.1.1.to agree to accede to the multilateral international treaty and to grant the relevant official the right to sign the multilateral international treaty;

13.1.2.to approve the Government resolution on approving the relevant international treaty if the due date for signing the multilateral international treaty has expired, or if it is not necessary to sign it;

     13.1.3.to refuse to accede to the multilateral international treaty.

13.2.A proposal to accede to the valid multilateral international treaty that must be ratified, the international treaty, and a bill on ratification of international treaty, specified in paragraph 10.4 of this Law, submitted by the Government for consultation according to paragraph 10.3 of this Law shall be discussed by the relevant Standing Committee of the State Great Khural in accordance with the procedure stipulated in Article 281 of the Law on the Rules of Session.

Article 14. Grant a power of attorney

14.1.On basis of the Government decision, and the opinion and conclusion of the relevant Standing Committee of State Great Khural that approved to conclude the bilateral and/multilateral international treaty, and/or to accede to the international treaty, and granted the right to sign the international treaty, the right to sign the bilateral and/or multilateral international treaty shall be granted to the relevant official by an order of the Prime Minister.

14.2.On the basis of the Prime Minister's order specified in 14.1 of this Article, the state central administrative organization in charge of foreign relations shall issue a power of attorney to sign the international treaty to officials except those specified in sub-paragraphs 14.3.1-14.3.3 of this Article.

14.3.The following official has the right to negotiate and sign international treaties without a power of attorney:

     14.3.1.the President of Mongolia;

     14.3.2.the Prime Minister of Mongolia;

     14.3.3.a member of the Government in charge of foreign relations;

14.4.The official specified in sub-paragraphs 14.3.1-14.3.3 of this Article is obliged to sign the international treaty based on the opinions, conclusions and decisions specified in paragraph 14.1 of this Article.

14.5.The requirements specified in 14.1-14.4 of this Article shall apply in the same way to the relation of amendment to international treaty.

14.6.On the basis of the power of attorney obtained in accordance with this law, the head of the diplomatic mission of Mongolia to a foreign country or an international organization has the right to negotiate with that country and its neighboring country, or within the framework of that organization, on the issue of concluding an international treaty, and is entitled to finalize, review, approve or authenticate the draft treaty.

14.7.A representative representing Mongolia in an international event, where the agenda includes matters such as negotiating drafts of a multilateral international treaty, finalizing the draft treaty, approving the original text, authenticating and signing, and making amendments to the international treaty, is responsible for obtaining the appropriate rights and receiving a power of attorney in accordance with the procedures specified in this Law.

CHAPTER FOUR
RATIFY AND APPROVE INTERNATIONAL TREATY

Article 15. Ratify and approve the international treaty

15.1.After signing an international treaty by an authorized official in accordance with paragraph 14.1 of this Law, the bill on the ratification of the international treaty or the draft of the Government resolution on the approval of the proposal to ratify the bilateral or multilateral international treaty shall be discussed by the State Great Khural and/or the Government in accordance with the procedures stipulated in Articles 9 and 10 of this Law.

15.2.The requirements set forth in paragraph 15.1 of this Article shall not apply to international treaties that enter into force upon signature.

15.3.The procedure for discussing the bill on the ratification of international treaties at the session of the State Great Khural shall be regulated by the Law on the Rules of Session of the State Great Khural of Mongolia.

15.4.The regulation related to discussion by the Government, specified in Article 15.1 of this Article, shall not apply in the case specified in Article 9.6 of this Law.

/This paragraph was added in accordance with the law as of April 9, 2020/

Article 16. Ratify the international treaty

16.1.The Government shall submit the bill on the mandatory ratification of the signed bilateral international treaty, the concept of the bill, a copy of the original text of the treaty, and, if necessary, the Mongolian translation of the international treaty reviewed and certified in accordance with 7.4 and 7.5 of this Law along with other relevant documents to the State Great Khural.

16.2.The Government shall submit the bill on the mandatory ratification of the signed multilateral international treaty, other relevant bills if necessary, the concept of the bill, a copy of the original text of the relevant international treaty, a certified copy if possible, the Mongolian translation of the international treaty reviewed and certified in accordance with 7.6 of this Law and other relevant documents to the State Great Khural.

16.3.If the State Great Khural supports the bill on the ratification of an international treaty submitted in accordance with 16.1 and 16.2 of this Article, it shall approve the law on mandatory ratification of the international treaty, and, if the State Great Khural does not support the bill, it shall make a resolution on sending the bill back to the Government.

16.4.If the State Great Khural decides to comment on the ratification of a multilateral international treaty, the law on the ratification of the relevant international treaty shall include a special provision specified about it.

16.5.When ratifying an international treaty, the State Great Khural determines the state central administrative organization in charge of implementing the international treaty, the law on ratification of the international treaty shall include a special provision specified about it.

16.6.If, due to changes in legislation, the state central administrative organization in charge of implementation of the treaty specified in 16.5 of this Article was changed, the state central administrative organization in charge of foreign relations shall notify the relevant international organization, the another party or other parties to the international treaty, of this change through diplomatic channels.

16.7.Discussions shall not be held on the bill on ratification of international treaty according to Article 38 of the Law on Legislation.

Article 17. Approve the international treaty

17.1.If the Government discusses and supports a signed bilateral international treaty, expect international treaties that require mandatory ratification or international treaties that become effective upon the signature, and the draft resolution of the Government on the approval of that international treaty in accordance with the relevant regulations, the it shall issue a resolution on approving the treaty, and, if the Government does not support it, it shall issue a meeting minutes.

17.2.An international treaty that enters into force upon signature specified in 17.1 of this Article shall mean an international treaty that contains a provision stating that the treaty shall enter into force upon signature by the parties of the treaty.

17.3.If the Government discusses and supports a signed multilateral international treaty, the draft of the Government resolution on approving that international treaty, and a due date of signing a multilateral international treaty specified in sub-paragraph 13.1.2 of this Law has expired or a multilateral international treaty that does not require to be signed, the draft of the Government's resolution on approving the relevant international agreement, a draft of the Government resolution on approving that international treaty, and a proposal for commenting on the international treaty, it shall issue the Government resolution on approving the relevant multilateral international treaty, if the Government does not support it, it shall issue a meeting minutes.

17.4.If the Government decides to make an explanation when approving an international treaty, a special provision about it shall be included in the Government resolution on approving the international treaty.

17.5.When approving a multilateral international treaty, if the Government determines the state central administrative organization in charge of the implementing the international treaty, a special provision about it shall be included in the Government resolution on approving the international treaty.

17.6.If, due to changes in the legislation, the state central administrative organization in charge of implementing the agreement specified in paragraph 17.5 of this article has changed, the state central administrative organization in charge of foreign relations shall notify the relevant international organization, the another party or other parties of the international treaty, of this change through diplomatic channels.

Article 18. Application of law

18.1.When the President of Mongolia initiates concluding an international treaty, discusses proposals to accede to an international treaty, consults with the State Great Khural, and ratifies an international treaty, the regulations stipulated in Articles 9-17 of this Law and other related laws and regulations shall be followed.

Article 19. Mutual exchange and storage of confirmation certificate/letter

19.1.On basis of the Law of Mongolia on ratification of international treaty, the state central administrative organization in charge of foreign relations shall execute the Confirmation certificate/letter of international treaty ratification in two counterparts according to the established legal formula of international law.  

19.2.The President of Mongolia and the Government member in charge of foreign relations shall sign the Confirmation certificate/letter and stamp with the State Seal.

19.3.The state central administrative organization shall be responsible for the exchange of the Confirmation certificate/letter with another party of a bilateral international treaty, and the storage and delivery of a multilateral international treaty to the depositary or an international organization.

Article 20. Exchange and storage of documents approved the international treaty

20.1.Based on the Government resolution on approving a bilateral international treaty, the state central administrative organization in charge of foreign relations shall exchange a note on the approval of the international treaty or other mutually agreed documents with the other party of the international treaty.

20.2.Based on the Government resolution on approving a multilateral international treaty, the state central administrative organization in charge of foreign relations shall execute documents on approval of the international treaty in two counterparts according to the established formula of the international law.

20.3.A member of the Government in charge of foreign relations shall sign documents on approval of the multilateral international treaty and stamp with the seal of the state central administrative organization in charge of foreign relations.

20.4.The state central administrative organization in charge of foreign relations shall be responsible for the storage and delivery of documents on the Government's approval of the multilateral international treaty to the depositary of the international treaty or an international organization.

Article 21. Comment, objection, and withdrawal

21.1.If the State Great Khural and/or the Government makes a comment on the international treaty when ratifying or approving the multilateral international treaty, the state central administrative organization in charge of foreign relations shall translate the law of Mongolia on ratification of the international treaty and the approved Government resolution, and take measures to deliver it to the relevant country or an international organization in accordance with regulations of the international treaty.

21.2.The comment made in accordance with paragraph 21.1 of this Article shall be delivered along with the Confirmation certificate/letter on the ratification of the relevant international treaty or documents on approval.

21.3.When developing a proposal for commenting on the multilateral international treaty, it must clarify regulations that if it is possible to make comments on the international treaty, a scope of comment, if it is necessary to take a permission of other parties of the international treaty or an international organization.

21.4.The state central administrative organization in charge of foreign relations will study the issue of whether to accept comments on the multilateral international treaty of other parties of the treaty, and if necessary, it shall formulate a specific proposal and discuss it at the Cabinet meeting pursuant to the relevant regulations.

21.5.On the basis of the mutual agreement between the state central administrative organization in charge of foreign relations and the state central administrative organization in charge of regulations of international treaties, the proposal to withdraw the comment made in the multilateral international treaty shall be decided by the State Great Khural or the Government in accordance with the relevant regulations.

21.6.A decision to withdraw the comment on the ratified multilateral international treaty shall be made by the State Great Khural, and a decision to withdraw the comment on the approved multilateral international treaty shall be made by the Government.

Article 22. Obligations of the depositary

22.1.If Mongolia is a depositary of the international treaty, the state central administrative organization in charge of foreign relations shall fulfill its obligations in accordance with the regulations of the international treaty, international legal norms and principles.

Article 23. Registration of international treaties

23.1.When ratifying or approving an international treaty, the State Great Khural or the Government has decided to register the international treaty with the United Nations Secretariat and/or other international organizations, or has set requirements for registration of the international treaty, or has mutually agreed with the other party of the international treaty to register it, the state central administrative organization in charge of foreign relations shall register in accordance with the relevant regulations.

23.2.On basis of mutual agreement with the state central administrative organization in charge of foreign relations, the state central administrative organization in charge of matters regulated by the international treaty shall submit the proposal to register an international treaty for discussion together with the proposal to ratify and/or approve the international treaty.

CHAPTER FIVE
FULLFILLMENT OF OBLIGATIONS UNDER INTERNATIONAL TREATIES,  MONITORING THE FULFILLMENT OF OBLIGATIONS, AND REPORTING THE IMPLEMENTATION

Article 24. Fulfillment of obligations under the international treaty, and monitoring the fulfillment of obligations

24.1.The state central administrative organization in charge of foreign relations is responsible for informing the public on its official website of the date of entry into force of international treaties in Mongolia.

24.2.The state central administrative organization in charge of regulating the international treaty shall fulfill obligations under international treaties of Mongolia, in case that international treaty regulates inter-sectoral relations it shall be fulfilled in cooperation with the relevant organization.

24.3.The state central administrative organization in charge of foreign relations shall monitor the fulfillment of obligations under international treaties of Mongolia, and give recommendations and directions on ensuring the fulfillment of obligations of treaties, and, if necessary, formulate proposals on this matter and present them to the State Great Khural or the Government.

24.4.The Government will monitor and organize the implementation of obligations of Mongolia under international treaties.

24.5.The state central administrative organization in charge of matters regulated by the international treaty shall monitor how the another party or other parties fulfills obligations under the international treaty of Mongolia, and how the rights of the Mongolian side are satisfied.

24.6.In case of non-fulfillment of obligations of the international treaty, the request to fulfill obligations of the international treaty to be delivered to another party or other parties of the international treaty, and if necessary, the proposal to terminate, cancel, denunciate or temporarily suspend the international treaty shall be discussed by the State Great Khural or the Government.

24.7.The costs of taxes, donations, and similar financial obligations to be paid according to international treaties of Mongolia shall be included in the budget of the state central administrative organization in charge of matters regulated by the international treaty, and shall be paid within the specified period.

Article 25. Report on the implementation of obligations of international treaties

25.1.If Mongolia undertakes a duty to issue a report on the implementation of its obligations under the international treaty, the report shall be prepared by the state central administrative organization in charge of matters regulated by the international treaty, and if the international treaty regulates inter-sectoral relations, the report shall be prepared jointly with the relevant state organization.

25.2.The state central administrative organization responsible for developing the report is obligated to prepare the report within the specified period pursuant to the requirements, and translate it into the required language.

25.3.The report prepared according to paragraphs 25.1 and 25.2 of this Article shall be submitted by the state central administrative organization and shall be discussed at the Cabinet meeting based on the mutual agreement with the state central administrative organization in charge of foreign relations.

25.4.Based on the decision made by the Government after discussing the report on the implementation of obligations under the international treaty, the state central administrative organization in charge of foreign relations shall submit the report to the relevant organization within the specified period.

25.5.The report on the implementation of obligations under the international treaty shall be discussed and presented by the authorized representative appointed by the Government in accordance with the regulations established by the state central administrative organization in charge of matters regulated by the international treaty.

25.6.The state central administrative organization specified in paragraph 25.1 of this Article is responsible for translating and ensuring the implementation of recommendations provided on basis of the discussion of the report on the implementation of obligations under the international treaty.

25.7.The organization specified in paragraph 25.1 of this Article shall finance the costs of preparing the report on the implementation of obligations under the international treaty, translating it in the required language, delivering, presenting, implementing recommendations, and translating recommendations in the required language, and include these costs in its budget.

25.8.Translation of reports and recommendations on the implementation of obligations under the international treaty can be performed by citizens and legal entities based on a contract.

25.9.The state central administrative organization in charge of foreign relations is responsible for getting the approval on the schedule of the state central administrative organization which jointly or solely responsible for preparing the report on the implementation of obligations under the international treaty from the Government on basis of the proposal of the state central administrative organization specified in paragraph 25.1 of this Article, and updating it when it is needed.

CHAPTER SIX
AMENDMENT TO INTERNATIONAL TREATIES,

TERMINATION, DENUNCIATION, WITHDRAWAL, AND SUSPENSION

Article 26. Amendment to international treaties

26.1.Any addendum and/or amendment to a bilateral and/or multilateral international treaty shall be made on basis of regulations of the treaty and mutual agreement with another party or other parties of the treaty.

26.2.A type and name of the document that amends or adds to the international treaty shall be determined based on regulations of the addendum and/or amendment to the international treaty, and mutual agreement with another party or other parties of the treaty.

26.3.The State Great Khural shall make a decision to amend or add to the ratified international treaty, whereas the Government shall make a decision to amend/add to the approved international treaty.

26.4.if an addendum or amendment made to the international treaty ratified by the State Great Khural according to the requirement specified in paragraph 26.3 of this Article, or an additional international treaty does not belong to treaties with mandatory ratification specified in paragraph 8 or this Law and does not affect essential terms of the original international treaty, the Government may approve that international treaty.

26.5.The state central administrative organization in charge of foreign relations and the state central administrative organization in charge of legal matters shall jointly determine whether amendments, addendums or an additional international treaty made to the international treaty specified in paragraph 26.4 of this Article does not affect the essential terms of the original international treaty.

26.6.The regulations stipulated in Articles 9-20 of this Law shall apply to amendments/addendums to international treaties.

Article 27. Validity period of the international treaty

27.1.The validity period of an international treaty shall be determined by that international treaty.

27.2.The state central administrative organization in charge of matters regulated by the international treaty shall submit a proposal to extend the validity period of the international treaty to the State Great Khural or the Government for discussion after prior consent with the another party or other parties of the international treaty and on basis of mutual agreement with the state central administrative organization in charge of foreign relations.

Article 28. Termination of the international treaty

28.1.The validity of the international treaty shall be terminated before its term in accordance with regulations of the international treaty, or on the basis of agreement with the another or other parties of the international treaty.

28.2.A decision on the termination of international treaty shall be made by the State Great Khural for ratified international treaties, and by the Government for approved international treaties.

28.3.The state central administrative organization in charge of matters regulated by the international treaty shall submit a proposal for the termination of the international treaty for discussion by State Great Khural or the Government in accordance with the relevant regulations after prior agreement with the another party or other parties of the international treaty and consulting with the state central administrative organization in charge of foreign relations.

Article 29. Denunciation, withdrawal, suspension

29.1.In case of failure of the another party or other parties of the international treaty to fulfill their obligations under the international treaty, or repeated violations, and in accordance with regulations of the international treaty, the state central administrative organization in charge of matters regulated by the international treaty may submit a proposal to denunciate the international treaty, withdraw from the multilateral international treaty, or suspend its operation for discussion at the Cabinet meeting on basis of mutual agreement with the state central administrative organization in charge of foreign relations.

29.2.The issue of denunciating ratified international treaties, withdrawing from multilateral international treaties, or temporarily suspending the operation of international treaties shall be decided by the State Great Khural based on the Government's proposal, and in the case of other international treaties, the Government shall decide based on the proposal specified in paragraph 29.1 of this Article.

29.3.If a decision is made to terminate the international treaty before its term, to denunciate the international treaty, to withdraw from the multilateral international treaty, or to temporarily suspend the international treaty, the State Great Khural and/or the Government shall adopt a resolution.

CHAPTER SEVEN
PUBLISHING, KEEPING, REGISTERING THE INTERNATIONAL TREATY

Article 30. Publishing international treaties

30.1.The international treaty ratified by the State Great Khural shall be published in the "State Information" bulletin along with the law on ratifying the international treaty.

/This paragraph was amended according to the law as of May 12, 2017/

30.2.The international treaty approved by the Government shall be published along with the resolution on approving the international treaty pursuant to the publishing procedure of the Government resolution.

30.3.The state central administrative organization in charge matters regulated by the international treaty shall deliver the international treaty entered into force upon signatures, specified in paragraph 17.2 of this Law, to the Cabinet Secretariat of Government within 30 days from the date of signing, and, it shall be published according to the procedure stated in paragraph 30.2 of this Article.

30.4.The international treaty to be published according to procedures specified in paragraphs 30.2 and 30.3 of this Article shall be considered as a verified translation of the multilateral international treaty, or a copy of the signed original text, or a copy of the original text of the bilateral international treaty.

Commentary: If a certified translation of the multilateral international treaty, or a copy of its signed original text, or a copy of the signed bilateral international treaty does not meet the publication requirements, its unsigned original text can be published.

30.5.The costs of publishing ratified international treaties shall be financed from the budget of the Secretariat of the State Great Khural, and the costs of publishing international treaties approved by the Government or that become effective upon signature specified in Article 17.2 of this Law shall be financed from the budget of the Cabinet Secretariat of the Government.

30.6.International treaties of Mongolia shall be included in the legislative database specified in Article 44.2 of the Law on Legislation, and posted on the official website of legal information.

30.7.The state central administrative organization in charge of foreign relations may publish international treaties of Mongolia in the form of a compendium by June 1 of the following year, which are deemed to be significant for the entire territory and population of Mongolia.

Article 31. Keeping international treaties

31.1.The original text of the international treaty shall be kept by the state central administrative organization in charge of foreign relations.

31.2.The state central administration organization that concluded the bilateral and/or multilateral international treaty shall deliver the original text of the international treaty within 45 days from the date of signature, ratification or approval of the treaty to the state central administrative organization in charge of foreign relations along with the following documents:

31.2.1.the first draft of the Mongolian side and other side of the international treaty, the final agreed draft, or the initialed draft, or the approved or authenticated original text, if possible, a certified copy;

31.2.2.minutes of negotiations and conversations related to the international treaty;

31.2.3.communication documents and interim decisions regarding the conclusion of the international treaty;

31.2.4.a power of attorney of the another party or other parties of the international treaty;

31.2.5.a record of signing an international treaty, a copy of the law on the ratification of the international treaty, and a copy of the approved Government resolution;

31.2.6.a photograph taken at the time of signing the international treaty, and its copy;

      31.2.7.other documents relevant to that international treaty.

31.3.The original text, documents, and materials of international treaty transferred in accordance with paragraph 31.2 of this Article shall be reviewed by the state central administrative organization in charge of foreign relations, and the following documents shall be attached to and transferred to the archives of foreign relations in accordance with the relevant procedures:

31.3.1.Confirmation certificate/letter on ratification of the international treaty, or the document of approval;

31.3.2.records of mutual exchange and deposit of Confirmation certificate/letter on ratification or a document of approval;

31.3.3.a note exchanged with the another party or other parties of the international treaty or, or a note informed the relevant organization about the ratification or approval of the international treaty;

      31.3.4.a verified translation of the international treaty in Mongolian language;

      31.3.5.other documents relevant to the international treaty.

Article 32. Registration of international treaties

32.1.The state central administrative organization in charge of foreign relations shall register bilateral and multilateral international treaties of Mongolia.

32.2.The registration of international treaties contains the following information:

32.2.1.the name of the international treaty;

    32.2.2.a date and place of signing the international treaty;

    32.2.3.a date of ratification or approval of the international treaty;

32.2.4.a date of mutual exchange and handover of Confirmation certificate/letter on ratification of the international treaty or a document of approval;

32.2.5.a date of entry into force of the international treaty for the parties and/or for Mongolia;

32.2.6.a date of the decision on addendum or amendment to the international treaty, or termination of the international treaty or denunciation of the international treaty, or withdrawal from the international treaty, or temporary suspension of the international treaty made, and effective date of the decision;

32.2.7.a date of the decision to withdraw comments, objections or comments regarding the international treaty, and their legal validity period.

32.3.The state central administrative organization in charge of foreign relations shall upload the registration of international treaties on its official website.

CHAPTER EIGHT
MISCELLANEOUS

Article 33. Application and interpretation of international treaties in courts

33.1.The court of Mongolia shall apply the officially published international treaty of Mongolia in accordance with the procedure specified in the relevant law.

33.2.If necessary, the Supreme Court of Mongolia shall issue official interpretations related to the correct application of international treaties of Mongolia.

33.3.The state central administrative organization in charge of foreign relations and/or the state central administrative organization in charge of legal matters may give recommendations on the correct application of international treaties.

Article 34. Addendum and/or amendment to the law, approval of new law

34.1.If it is necessary to add to or amend the current law of Mongolia, or to approve a new law upon concluding, acceding or implementing an international treaty, the bill shall be submitted together with the proposal for ratification or approval of the international treaty.

34.2.The state central administrative organization in charge of concluding the international treaty is responsible for developing the bill specified in paragraph 34.1 of this Article in accordance with the procedures specified in the relevant laws and regulations.

34.3.If it does not meet the requirements specified in paragraph 34.1 of this Article, it is prohibited to submit or discuss the proposal for ratification or approval of the international treaty.

34.4.The state central administrative organization in charge of foreign relations and the state central administrative in charge of legal matters shall jointly determine whether it is necessary to add to or amend the valid laws of Mongolia upon signing an international treaty, acceding to the international treaty, or implementing the international treaty.

Article 35. Conclusion of international treaty in violations of law

35.1.If an organization or official specified in Article 6 of this Law has signed the international treaty in violation of the laws on international treaties, the following organizations may discuss and annul the international treaty:

     35.1.1.Ratified international treaties by the State Great Khural of Mongolia;

35.1.2.International treaties concluded or approved by the Government of Mongolia by the Great Khural of Mongolia.

35.2.Based on the annulment decision specified in paragraph 35.1 of this Article, the state central administrative organization in charge of foreign relations shall submit the international treaty to the relevant parties or international organizations in accordance with the norms and principles of international law for the decision.

35.3.Officials who commit violations specified in paragraph 35.1 of this Article shall be held liable in accordance with relevant laws and regulations.

/This article was modified according to the law as of June 9, 2017/

Article 36. Costs and ceremony related to the international treaty

36.1.The state central administrative organization in charge of concluding the international treaty shall finance the costs related to negotiating, assignment, welcoming representatives, organizing events, conducting researches related to concluding the international treaty and acceding to the international treaty, presenting reports of implementation, translating the international treaty, verifying translations, and the costs of ordering special printed pages, folders, staples, and seals for international treaties.

36.2.The time and place of signing the international treaty and other ceremonial activities shall be carried out on the basis of the approval of the state central administrative organization in charge of foreign relations.

Article 37. Entry into force

37.1.This law shall enter into force starting from January 1, 2017.

CHAIRMAN OF STATE GREAT KHURAL OF MONGOLIA M.ENKHBOLD