The agreement on cooperation between the governments of state members of the Shanghai Cooperation Organization in fight against crime
of June 11, 2010
The governments of state members of the Shanghai Cooperation Organization which are hereinafter referred to as by the Parties
expressing concern in scales and tendencies of development of crime, especially in its organized forms,
proceeding from mutual interest in acceptance of effective measures for ensuring reliable protection against infringement of life and health, right and freedoms, honor and advantage of the person, interests of society and state,
attaching importance to international cooperation in the field of observance of the conventional human rights and freedoms,
being guided by the conventional principles and rules of international law, the Charter of the Shanghai Cooperation Organization of June 7, 2002, the Shanghai convention on fight against terrorism, separatism and extremism of June 15, 2001, the Agreement between gosudarstvamichlena of the Shanghai Cooperation Organization on cooperation in fight against drug trafficking, psychotropic substances and precursors of June 17, 2004, the Convention of the Shanghai Cooperation Organization against terrorism of June 16, 2009, the Agreement on cooperation between the governments of state members of the Shanghai Cooperation Organization in fight against arms trafficking, ammunition and explosives of August 28, 2008, and also the national legal system of the states of the Parties,
agreed as follows:
1. The parties cooperate in the prevention, suppression, identification and disclosure of the crimes including made by organized groups in the following main directions:
crimes against life, health, freedoms, honor and advantage of the personality;
terrorist, separatist and extremist activities;
crimes in the field of economy, including legalization of income gained from criminal activities and terrorism financing;
production and sale of counterfeit bank notes, documents, securities, and also credit or settlement cards and other payment documents;
the crimes connected with violation of intellectual property rights;
the crimes connected with human trafficking, especially women and children;
illegal production and traffic in weapons, ammunition, destructive devices, explosive, toxic and radioactive materials, nuclear materials;
illegal production and drug trafficking, psychotropic substances and their precursors;
crimes on transport;
crimes in the field of information technologies;
the crimes connected with illegal migration.
The parties cooperate also in fight against other types of crimes, the prevention which suppression, identification and disclosure require interaction of competent authorities of the Parties.
2. This agreement does not raise the questions of rendering legal assistance on criminal cases and issues. The parties perform cooperation on the specified questions according to international treaties which participants are their states, and taking into account the legislation of the states of the Parties.
1. The parties through competent authorities of the states perform cooperation in fight against crime, especially in its organized forms, according to provisions of this agreement and in case of observance of the international obligations and legislations of the states of the Parties.
2. The parties will provide to depositary lists of competent authorities of the states in case of delivery of notifications on accomplishment of the interstate procedures necessary for the introduction of this agreement in force.
Each of the Parties within 30 days in writing notifies depositary on changes of the list of competent authorities of the states through diplomatic channels what the depositary reports to the Parties within 7 days from the date of receipt of the notification about.
1. For the purpose of implementation of this agreement competent authorities of the states of the Parties cooperate in the following forms:
1) exchange of information about the preparing and committed crimes listed in Article 1 of this agreement and persons, involved in them, including about the crimes committed by citizens of one states of the Parties or concerning them in the territory of other states of the Parties;
2) search of persons disappearing from criminal prosecution or execution of sentence and also persons, missing persons;
3) execution of requests about conducting investigation and search operations;
4) identification of the unknown corpses and persons incapable for health reasons or I will increase to report data on the personality;
5) exchange of legislative and other regulatory legal acts;
6) work experience exchange, including by holding meetings, conferences and seminars;
7) assistance in preparation, retraining and advanced training of personnel;
8) exchange of scientific and technical literature and information.
2. For the purpose of implementation of provisions of this agreement of the Party according to the legislation of the states on the basis of mutual arrangements apply method of controlled delivery.
3. Competent authorities of the states of the Parties can cooperate also in other forms which answer this agreement purpose.
For the purpose of enhancement of cooperation within implementation of this agreement competent authorities of the states of the Parties hold consultations as required and on the basis of the mutual arrangement.
Approval of question of carrying out consultations of competent authorities of the states of the Parties is performed through the Secretariat or Executive committee of Regional anti-terrorist structure of the Shanghai Cooperation Organization.
1. The cooperation between the Parties is performed based on request of competent authority of the state of the concerned party about rendering assistance, and also by informing at the initiative of competent authority of the state of one of the Parties.
2. The request or information go in writing. The request or information can orally be transferred in immediate cases, but no later than in 72 hours they be confirmed in writing, if necessary, with use of technical means of transfer of the text.
3. In case of doubts in authenticity of request or information or their content additional confirmation or explanation can be requested.
4. The request shall contain:
names of the requesting and requested competent authorities of the states of the Parties;
specifying of the purpose and reasons;
description of content of required assistance;
statement of merits of case, and also other information which can be useful to timely and proper execution of request;
specifying about confidentiality if it is necessary.
5. The request or information transferred in writing are signed by the head of the requesting competent authority of the state of the Party or his deputy and/or makes sure official stamp of this competent authority.
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