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The agreement on cooperation in the sphere of special maintenance of operational search activities

of December 18, 1998

The Ministry of Internal Affairs of the Azerbaijan Republic, the Ministry of Internal Affairs and National Security of the Republic of Armenia, the Ministry of Internal Affairs of Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan which are hereinafter referred to as by the Parties in view of provisions of the Agreement on interaction of the Ministries of Internal Affairs of the independent states in the sphere of fight against crime of April 24, 1992 and other international treaties on cooperation which participants are the Parties,

being guided by desire to develop cooperation between field services for the purpose of increase in efficiency of fight against crime in case of strict observance of the principles of sovereign equality of the states and non-interference to internal affairs,

agreed as follows:

Article 1

1. For the purpose of this agreement following terms have the following value:

* "operational investigation" - the divisions of the Parties specified in Appendix 1 to this agreement;

* "special maintenance" - the activities performed by operational investigation;

* "subject to observation" - object concerning which operational investigation performs special maintenance.

2. The parties proceed from understanding that according to the state sovereignty implementation of special maintenance by operational investigation in the territory of other state is not allowed.

3. The parties within the competence and with compliance with law and international treaties of the states will perform cooperation in the sphere of special maintenance of operational search activities for the purpose of the prevention, identification, suppression and disclosure of crimes.

Article 2

The parties cooperate by accomplishment of written requests on implementation of special maintenance of operational search activities.

Article 3

1. In rendering assistance within this agreement refuses fully or partially if the required Party believes that accomplishment of request can cause damage to sovereignty, safety, public order or other essential interests of its state, contradicts the legislation or the international obligations of its state or can threaten own safety of operational investigation.

2. Rendering assistance it can be refused if act in connection with which the request arrived is not crime under the law of the state of the required Party.

3. The requesting Party without delay is notified in writing on complete or partial refusal performed by request with indication of causes of failure.

Article 4

1. The request about conducting investigation and search operations is drawn up by shifrtelegrammy and goes addressed to the head of law-enforcement body of appropriate level, according to appendix 2 to this agreement.

2. The request shall have the following details:

* the name of body to which the inquiry, and the name of body from which it proceeds is sent;

* the bases of implementation of request and the summary of case papers according to which it is necessary to perform special maintenance;

* surname, name, middle name and year of birth of person concerning whom it is necessary to perform special maintenance, his nationality, kind of activity, criminal record availability, the residential address, occupation, signs, the short characteristic, the used motor transport, the known communications;

* the questions which are subject to examination, nature of special maintenance and desirable start date of its carrying out;

* other data necessary for proper execution of request.

In case of arrival of subject to observation from other state departure time of the vehicle (the train, the plane, the motor ship, the car), number of flight, board number of the plane, the place, number of the train, compartment and the place, sequence number of the car is specified; name of the motor ship, number of flight, class, cabin, place; route and state numbers, and also brand of the bus; state number, brand and color of the car.

3. The request is signed by the official specified in appendix 2 to this agreement.

Article 5

In case of urgent need when following subject to observation on the territory of the state of other Party division managers of operational investigation can come into direct contacts with the purpose of preparation for the solution of objective before receipt of request and on condition of acceptance by the officials specified in appendix No. 2 to this agreement, decisions on need of continuation of observation. In that case the inquiry is sent without delay.

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