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The agreement between the Government of the Russian Federation and the Executive authority of Georgia on cooperation and mutual aid in the field of fight against illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way

of August 4, 1999

The government of the Russian Federation and the Executive authority of Georgia which are hereinafter referred to as with the Parties

being guided by the national legal system and the international obligations of the states,

attaching importance to efforts of the international community on fight against illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way

proceeding from mutual interest in adjustment of effective cooperation between the competent authorities combating illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way

agreed as follows:

Article 1. Determinations

For the purposes of this agreement the used concepts mean the following:

"illegal financial transactions" - the transactions and other actions of physical persons and legal entities, residents and nonresidents with money, securities and payment documents irrespective of form and method of their implementation directed to the establishment, change or the termination of the related civil laws and obligations made with the violation of the national legal system of the state of each of the Parties involving criminal, administrative or civil liability;

"information" - any known data, the facts, data which can concern directly or indirectly illegal financial transactions, and also financial transactions connected with legalization (washing) or use of income gained illegal according to determination of the legislation of the state of each of the Parties, way;

"income gained in the illegal way" - things, including money and securities, personal and real estate, property rights, works and services, results of intellectual activities, including exclusive rights for them (intellectual property), other objects of the civil laws acquired as a result of violation of the national legal system of the state of each of the Parties involving criminal, administrative or civil liability.

Article 2. Subject of the agreement

1. The parties cooperate for the purpose of the organization of effective fight for the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way.

2. This agreement does not affect the rights and obligations of the Parties following from international treaties on rendering legal assistance on civil and criminal cases.

Article 3. Competent authorities

1. For the purpose of implementation of this agreement the cooperation of the Parties is directly performed by the competent authorities determined by each of the Parties (further hereinafter are referred to as - competent authorities).

In case of change of the official name of competent authorities of the Party without delay will notify on this each other.

2. For implementation of this agreement competent authorities sign protocols on procedure for its implementation in the specific directions of cooperation.

Article 4. Forms of cooperation

The parties within this agreement use the following forms of cooperation:

a) exchange of information which can promote prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way:

legal nature, in particular about the national legal system directed against illegal financial transactions, and also financial transactions connected with legalization (washing) of income gained in the illegal way;

about forms and methods of the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way;

about movements of currency values between the states of the Parties;

about violations of procedure of financial transactions and development of forms and methods of legalization (washing) of income gained in the illegal way;

about the financial transactions connected with receipt of the income which, according to competent authorities, perhaps, is gained in the illegal way;

b) interaction concerning holding the actions directed to identification illegal (from the point of view of the national legal system of the state of each of the Parties) financial transactions, and also financial transactions connected with legalization (washing) of income gained in the illegal way;

c) carrying out joint analytical surveys on the problems infringing on mutual interests of the Parties in the field of prevention and identification of illegal financial transactions, and also financial transactions connected with legalization (washing) of income gained in the illegal way;

d) assistance:

in training of specialists;

in creation of the information systems providing accomplishment of tasks on prevention and identification of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way;

e) other forms of cooperation which are not contradicting the national legal system of the state of each of the Parties.

Article 5. Assistance in return of property

The parties render each other assistance according to the national legal system of the state of each of the Parties in return of the property acquired in result or on means from illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way, and withdrawn as a result of collateral actions within this agreement.

Article 6. Harmonization of the national legal system

The parties will aim at harmonization of the national legal system of the states in the field of fight against illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way.

Article 7. Procedure for provision of information

Provision of information within this agreement is made according to the national legal system of the state of each of the Parties and powers of competent authorities as based on request, and on own initiative competent authority.

Article 8. Use of information

The competent authority of the state of one Party guarantees to competent authority of the state of other Party confidentiality of information on the questions connected with the prevention, identification, suppression and disclosure of illegal financial transactions, and also the financial transactions connected with legalization (washing) of income gained in the illegal way.

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