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The agreement on cooperation of the Ministries of Internal Affairs (police) of the State Parties of the Commonwealth of Independent States in fight against human trafficking *

of September 17, 2010

______________________________

* It is approved by the resolution of Council of Ministers of the Republic of Belarus of February 18, 2011 No. 210 "About approval of the Agreement on cooperation of the Ministries of Internal Affairs (police) of gosudarstvuchastnik of the Commonwealth of Independent States in fight against human trafficking" (The national register of legal acts of the Republic of Belarus, 2011, No. 24, 5/33357).

The Ministries of Internal Affairs (police) of the State Parties of the Commonwealth of Independent States which are hereinafter referred to as by the Parties

expressing deep concern in scales and tendencies of development of human trafficking, bodies and tissues of the person, especially in its organized forms, the become one of the most profitable types of criminal activities, with high degree of latency,

proceeding from the aspiration to warn, stop human trafficking, especially women and children, to provide inevitability of punishment for it, and also for the purpose of creation of pragmatic, effective mechanisms of interaction in fight against it,

in view of provisions of the Agreement on cooperation of the State Parties of the Commonwealth of Independent States in fight against human trafficking, bodies and tissues of the person of November 25, 2005,

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

agreed as follows:

Article 1

1. The parties according to provisions of this agreement, being effective within the competence, with compliance with law and the international obligations of the states, shall cooperate in questions of the prevention, identification, suppression and disclosure of the crimes connected with human trafficking.

For the purposes of this agreement the term "human trafficking" means the recruitment performed for the purpose of operation, transportation, transfer, concealment or receipt of people by threat of force or its application or other forms of coercion, stealing, fraud, deception, authority misuse or vulnerability of provision or way of bribery, in payment type or benefits, for receipt of consent of person controlling other person. Operation includes at least operation of prostitution of other persons or other forms of sexual exploitation, forced labor or the services, slavery or customs similar to slavery, servile status or extraction of bodies and tissues of the person for the purpose of their sale.

2. This agreement does not raise the questions of issue of persons and rendering legal assistance on criminal cases.

Article 2

The cooperation within this agreement is performed through the central divisions appointed by the Parties responsible for the organization of accomplishment of this agreement and specified in Appendix to this agreement.

Article 3

The parties perform cooperation in the following main forms:

1) exchange of the operational search, reference, statistical, criminalistic and other information which is of mutual interest, in particular, relatively:

the preparing or committed crimes in the territory of one or several states of the Parties;

concrete facts and events, physical persons and legal entities involved or suspects of participation in human trafficking;

forms and methods of implementation of human trafficking, including legalization of income gained as a result of making of these acts;

2) execution of requests about conducting investigation and search operations;

3) planning and holding the coordinated actions for the prevention, identification, suppression and disclosure of the crimes connected with human trafficking;

4) development and implementation of agreed measures of the prevention and suppression of use of the Internet for the purpose of human trafficking;

5) search of persons suspected of participation in human trafficking and also missing persons concerning whom there are bases to assume that they became the victims of human trafficking;

6) work experience exchange, including by carrying out working meetings, consultations, meetings, conferences and seminars concerning fight against human trafficking;

7) assistance on contractual basis in preparation and advanced training of personnel, including by the organization of training of employees in specialized divisions on fight against human trafficking;

8) exchange of regulatory legal acts, scientific publications and educational and methodical recommendations about questions of fight against human trafficking;

9) carrying out joint scientific research of the problems of fight against human trafficking which are of mutual interest.

This agreement does not interfere with the Parties in determination and development of other mutually acceptable forms of cooperation.

Article 4

1. The cooperation within this agreement is performed based on requests of the concerned party about rendering assistance or at the initiative of the Party assuming that such assistance is of interest to other Party.

2. The inquiry is sent for rendering assistance in writing. Requests can be transferred in immediate cases orally, however not later than in 3 days they be confirmed in writing, including with use of technical means of transfer of the text.

In case of doubt in authenticity or content of request additional confirmation can be requested.

3. The request about rendering assistance shall contain:

the name of the central divisions of the requesting and requested Parties;

statement of merits of case;

purpose and reasons for request;

description of content of required assistance;

if necessary the description of special procedure in case of execution of request and reasons for this need;

terms during which execution of request is expected;

any other information which can be useful to proper execution of request.

4. The request about rendering assistance is signed by the head of the requesting central division or its deputy and makes sure seal of this division.

Article 5

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, to safety, public order or other essential interests of its state or contradicts the legislation or the international obligations of its state, and also can entail violation of the rights and legitimate interests of citizens.

2. In case of opportunity the required Party before decision about refusal in rendering assistance based on Item 1 of this Article holds consultations with the requesting Party for consideration of question of whether assistance can be rendered in case of observance of those conditions which the required Party considers necessary. The requesting Party complies with conditions on the basis of which assistance is rendered it.

3. The requesting Party in writing is notified on complete or partial refusal performed by request with indication of causes of failure.

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