Agreement on procedure for transfer of samples of drugs, psychotropic substances and their precursors

of October 18, 2011

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

realizing that drug trafficking, psychotropic substances and their precursors and abuse of them pose serious threat of homeland security of the State Parties of the Commonwealth of Independent States, to health and welfare of their people,

proceeding from the purposes of the Agreement on cooperation of the State Parties of the Commonwealth of Independent States in fight against drug trafficking, psychotropic substances and precursors of November 30, 2000 and the Concept of state cooperation - members of the Commonwealth of Independent States in counteraction to drug trafficking, psychotropic substances and precursors of October 7, 2002,

recognizing that effective counteraction to drug trafficking, psychotropic substances and their precursors requires strengthening of information exchange of the Parties,

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

agreed as follows:

Article 1

Subject of this agreement is establishment of procedure for transfer of samples of drugs, psychotropic substances (further - drugs) and their precursors withdrawn from illicit trafficking for implementation of investigation and search operations, ensuring carrying out comparative criminalistic researches, and also in the scientific and educational purposes.

Article 2

Competent authorities of the Parties can perform transfer of the samples of the drugs and their precursors withdrawn during conducting investigation and search operations, inquiry, investigative actions, and also received some other way.

Each of the Parties no later than 30 days from the date of the introduction for it owing to this agreement will determine the list of competent authorities to which its realization will be assigned, and will notify on it depositary.

Competent authorities of the Parties for the purpose of accomplishment of this agreement interact with each other directly, and also by exchange of correspondence on diplomatic channels.

Article 3

Transfer of the Parties of samples of drugs by competent authorities and their precursors is performed according to appendix 1 to this agreement.

Movement of samples of drugs and their precursors through the state (customs) borders of the State Parties of this agreement, and also movement by transit across the territories of the states - participants of this agreement is performed in first-priority (priority) procedure. At the same time as the customs declaration transport (transportation), business and (or) other documents on condition of provision to customs authorities of the Accounting card of sample of drug, psychotropic substance or their precursor which is drawn up according to appendices 2 and 3 to this agreement can be used.

The moved samples of drugs and their precursors are exempted from customs examination on condition of observance of the provisions provided by appendix 1 to this agreement.

Each Party can undertake measures for simplification of movement of samples of drugs and their precursors under the state control.

Article 4

The cooperation within this agreement is performed based on requests of competent authorities of the Parties about rendering assistance (further - request). The inquiry is sent in writing and shall contain: a) the name of competent authority of the requesting and requested Parties;

b) statement of merits of case;

c) specifying of the purpose and reasons for request;

d) content of required assistance;

e) completion date of request.

The parties can provide the additional information useful to execution of request.

The request is signed by the head of competent authority or its deputy and sealed by official.

Article 5

The competent authority of the required Party Takes all necessary measures for ensuring timely, complete and high-quality execution of request.

In the presence of the circumstances interfering or significantly detaining execution of request, the competent authority of the requesting Party is without delay notified on it.

If the competent authority of the required Party believes that execution of request can interfere with the criminal or other proceedings performed in the territory of the required State Party of this agreement, then it can postpone execution of request or connect its execution with observance of the conditions determined as necessary, after consultations with competent authority of the requesting Party. If the competent authority of the requesting Party accepts assistance of competent authority of the required Party on such conditions, then these conditions shall be complied.

Article 6

The competent authority of the required Party can appeal to competent authority of the requesting Party about that the results of execution of request received according to this agreement were not disclosed or used only on conditions which can be stipulated by them. If the competent authority of the requesting Party accepts results of execution of request on such conditions, then it shall comply with these conditions.

Provisions of this Article do not exclude use in other purposes of results of execution of request if the national legal system of the required State Party of this agreement provides obligation to be effective thus. In this case the competent authority of the requesting Party in request surely notifies competent authority of the required Party on possible and intended such use or disclosure of results of execution of request.

The competent authority of the required Party has the right to refuse to competent authority of the requesting Party request for use of the results of execution of request for the purpose of which are not specified in request.

Article 7

Rendering assistance within this agreement it can be refused fully or partially if the required Party believes that execution of request can cause damage to state interests or contradicts the national legal system.

In case of decision making about refusal performed by request the competent authority of the requesting Party in writing is notified on it with indication of causes of failure no later than 30 days.

If execution of request about rendering assistance is not included into competence of the body which received request, then this body without delay transfers him to the relevant competent authority of the required Party and notifies on it competent authority of the requesting Party.

If necessary the competent authority of the required Party has the right to request additional data from competent authority of the requesting Party, necessary, in his opinion, for execution of request.

Article 8

The parties independently incur the expenses arising during the course of performance this agreement if in each case other procedure is not approved.

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