AGREEMENT OF THE STATE PARTIES OF COMMONWEALTH OF INDEPENDENT STATES

of November 25, 2005

About cooperation of the State Parties of the Commonwealth of Independent States in fight against plunders of vehicles and ensuring their return

The State Parties of this agreement on behalf of the governments which are hereinafter referred to as with the Parties

noting that plunders of vehicles cause significant damage to owners and the states,

in view of that the stolen vehicles can be used for terrorist, criminal and other illegal actions,

expressing concern that plunders of vehicles acquired transnational nature,

recognizing that effective fight against plunders of vehicles is possible only on the basis of interaction of all concerned parties,

realizing need of implementation of agreed measures for fight against plunders of vehicles and ensuring their return,

being guided by the conventional principles and rules of international law,

agreed as follows:

Article 1

For the purposes of this agreement the following terms are used:

the vehicle - the mechanical device intended for transportation of people, loads or the equipment installed on it and mechanisms including trail cars, semitrailer trucks and motorcycles;

plunder of the vehicle - any illegal, penal, according to the national legal system of the Parties, uncompensated taking or occupancy by the vehicle;

safety of the vehicle - preserving the vehicle in the picking matching the description specified in the protocol of survey of the vehicle constituted in case of its detection, detention, withdrawal or arrest until entry into force of the decision of the central competent authority of the required Party on return of this vehicle;

the registration document - the document on state registration of the vehicle, including time, issued by authorized bodies;

the owner of the vehicle - the physical person or legal entity having rights of possession, uses and orders of the vehicle;

the central competent authority of the Party - the state law enforcement agency, authorized to send according to this agreement inquiries for the purpose of the organization of fight against plunders of vehicles and ensuring their return, and also to make decisions on return of vehicles or to notify on absence at the owner of the vehicle of interest in its return;

competent authority of the Party - the state law enforcement agency authorized according to the national legal system to perform fight against plunders of vehicles, search, detention, withdrawal or to impose arrest the vehicle in case of making of offense, and also to receive the data on vehicles containing in information databases of other Parties;

return of the stolen vehicle - transfer according to the decision of the central competent authority or judicial authority of the required Party of the vehicle to competent authority of the requesting Party.

Article 2

The parties in case of observance of the international obligations and the national legal system on the basis of this agreement cooperate in the prevention, identification, suppression, disclosure and investigation of the crimes connected with plunder of vehicles, search and ensuring their return.

Article 3

1. The parties perform cooperation through the competent authorities.

2. Each of the Parties determines the central competent authority and competent authorities responsible for implementation of provisions of this agreement (with indication of circle of the resolved issues), and notifies on it depositary.

3. Each of the Parties in writing notifies depositary on changes of the list of competent authorities.

Article 4

1. For the purpose of prevention of plunders of vehicles, ensuring their search and return each Party provides forming and maintenance of the information database about vehicles which includes data in case of their availability:

a) about the registered vehicles, including temporarily registered vehicles of other state operated or used in the territory of one of the Parties their identification numbers, registration documents and registration signs;

b) about the searched vehicles and documents issued on their detention and arrest;

c) about detainees and the found vehicles;

d) about kidnapped persons and/or the lost registration documents, registration signs, and also other documents confirming the property right to vehicles;

e) about the vehicles struck off the register;

e) about the vehicles crossing frontier;

g) about vehicles, data on which according to the legislation are subject to entering into information databases of customs authorities when crossing frontier;

h) about the vehicles which received owing to the road accident, the fire, natural disasters and other circumstances or actions of the third parties of damage, including led to their constructive death.

2. Each of the Parties with use of information technologies provides possibility of receipt of other Parties by competent authorities in real time of the data containing in the above-stated information databases and also operational provision at the request of competent authorities of other Parties and in initiative procedure for other information which is of interest in fight against plunders of vehicles.

The request about receipt of data from the above-stated information databases shall contain the following data:

1) names of the requesting competent authority and required competent authority to which the inquiry is sent;

2) reference to Agreement Item;

3) summary of merits of case;

4) the list of required data from information databases.

The request is drawn up in writing and signed by the chief (head) of the requesting competent authority or its deputy.

The query is solved no more than one month from the date of its obtaining in time. In need of reducing this term in the text of request the corresponding clause with indication of the reasons and desirable completion date of request becomes.

Provision of information on request it can be refused if:

1) the request does not correspond to the form specified in the paragraph the second this Item;

2) accomplishment of request can cause damage to sovereignty, homeland security, contradicts the legislation of the Party or international treaties of the Parties;

3) the query cannot be objectively solved for the reasons which are not depending on required competent authority.

About refusal performed by request, and also the requesting competent authority without delay is notified on causes of failure in writing.

3. The procedure for obtaining and provision of the data containing in the above-stated information databases is determined by the separate document.

Article 5

1. In case of detection, detention, withdrawal or arrest in the territory of one of the Parties of the stolen vehicle the competent authority of this Party within twenty days from the date of detention or detection of such vehicle in writing notifies on it competent authority of other Party in which production there is criminal case. Competent authorities of the Parties inform on it the central competent authorities.

2. The notification contains, in particular, the following data on such vehicle if they are known:

a) brand, model, color, year of release and type of the vehicle;

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