The agreement on exchange of information in the field of fight against crime

of May 22, 2009

The governments of the State Parties of the Commonwealth of Independent States which further are referred to as with the Parties

recognizing that crime in all its forms poses serious threat for safety of the personality, society and the state,

being guided by desire to develop cooperation of the Parties in the field of exchange of information,

proceeding from need of further strengthening of information exchange in case of the solution of tasks of protection of the rights and freedoms of citizens, fight against crime, protection of public order,

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

agreed as follows:

Article 1

1. The parties for the purpose of the prevention, identifications, suppression, disclosure and investigation of crimes on a grant basis provide the information which is available in operational and help, search, criminalistic and other accounting, archives on requests and also perform exchange of the scientific and technical, information and analytical materials and regulatory legal acts which are available at their order in the field of fight against crime.

2. The cooperation within this agreement is performed according to the legislation and the international obligations of the states of the Parties.

3. The parties cooperate through the competent authorities. The list of competent authorities is determined by each Party and transferred to depositary in case of delivery to storage of the notification on accomplishment of the interstate procedures necessary for the introduction of this agreement to force. Each of the Parties within a month in writing notifies depositary on changes of the list of competent authorities.

Article 2

1. The cooperation of competent authorities of the Parties is performed by means of the direction of information and execution of requests about provision of information (further - request).

2. Information can be transferred to other Party in initiative procedure if reasons to believe are had that it is of interest to this Party.

3. The inquiry is sent in writing. The request can be transferred in immediate cases orally with the subsequent obligatory written confirmation no later than three days in time. At the same time technical means of information transfer can be used. In case of doubt in authenticity or content of request its additional confirmation can be requested.

The competent authority of the required Party has the right to request the additional data necessary for proper execution of request.

In request are specified:

a) the name of competent authorities of the requesting and requested Parties;

b) purpose and reasons for request;

c) terms during which execution of request is expected;

d) other data which can be useful to execution of request.

4. The inquiry sent or confirmed in writing on the official form of competent authority of the requesting Party shall be signed by the head or person replacing it and is certified by official stamp of this body.

5. If the competent authority of the requesting Party determines that need performed by request disappeared, then this body without delay notifies on it competent authority of the required Party.

Article 3

1. The competent authority of the required Party takes all necessary measures for ensuring complete, timely and high-quality execution of request. The procedure, amount and completion dates of request are determined by the national legal system of the state of the required Party.

2. The competent authority of the requesting Party without delay is notified on the circumstances interfering or detaining execution of request.

3. If execution of request is not included into competence of the body which received request, then this body with powers transfers him to the relevant competent authority of the required Party and notifies on it competent authority of the requesting Party.

Article 4

1. The competent authority of each of the Parties provides confidentiality of the received data, including the fact of obtaining and content of request if the competent authority of the requesting Party considers undesirable disclosure of their content.

2. In case of impossibility of maintaining confidentiality in case of execution of request the competent authority of the required Party informs on it competent authority of the requesting Party for decision making about possibility of execution of request on such conditions.

Article 5

1. Results of execution of request cannot be used without the consent of the competent authority of the required Party which provided them in other purposes, than in what they were requested and were provided.

2. The competent authority of the requesting Party can use results of execution of request in other purposes only from written consent of competent authority of the required Party. In such cases the competent authority of the requesting Party observes the restrictions of use of results of request set by competent authority of the required Party.

Article 6

Transfer to the third party of the data received by competent authority of one Party based on this agreement requires the prior written consent of the competent authority of other Party which provided this information.

Article 7

1. Rendering assistance it can be fully or partially refused if the competent authority of the required Party believes that execution of request can cause damage to sovereignty, to safety, public order or contradicts the national legal system and (or) the international obligations of its state, and also will entail violation of the rights, freedoms and legitimate interests of citizens.

2. The competent authority of the requesting Party without delay is notified in writing on complete or partial refusal performed by request with indication of reasonable causes of failure.

Article 8

1. All array of centralized operational and help, criminalistic and search accounting, and also statistical and archive information is concentrated in Interstate information bank (further - MIB) which holder is the Ministry of Internal Affairs of the Russian Federation.

2. Ministry of Internal Affairs of the Russian Federation:

a) provides processing, storage and issue on requests of competent authorities of the Parties of information which is available in MIB, and also statistical data on condition of crime and results of investigations of crimes in the State Parties of the Commonwealth of Independent States;

b) establishes amounts, structure, forms and methods of provision in MIB of primary information in coordination with competent authorities of the Parties, proceeding from the opportunities and powers which are available for them;

c) informs competent authorities of the Parties on the list of the retrospective information containing in the central archive;

d) performs information support of activities for search of persons put by competent authorities of the Parties on the interstate wanted list by means of search accounting;

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