AGREEMENT

of September 4, 2014

About cooperation between the Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of Internal Affairs of the Kyrgyz Republic

The Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of Internal Affairs of the Kyrgyz Republic which are hereinafter referred to as by the Parties

attaching importance to development of international cooperation in the field of fight against crime and protection of law and order, to ensuring protection of human rights and freedoms,

proceeding from mutual desire to strengthen interaction between the states of the Parties,

based on the conventional principles and rules of international law,

agreed as follows:

The article 1 Obligation to cooperate

The parties cooperate according to provisions of this agreement, being effective within the competence, with observance of national legal systems and international obligations of the states.

Article 2 of the Direction of cooperation

1. The parties according to the national legal system of the states perform interaction in the prevention, identification, suppression and disclosure of crimes, and first of all:

against life, health, freedom and advantage of the personality;

acts of terrorism, and also crimes of extremist nature;

against property;

corruption and manifestations of organized crime;

human trafficking;

arms trafficking, ammunition, destructive devices, explosive, toxic and radioactive materials, nuclear materials;

drug trafficking, psychotropic substances and their precursors;

production and sale of counterfeit bank notes, documents, securities, and also credit and settlement cards and other means of payment;

illegal trade in bodies or tissues of the person;

the intellectual property rights connected with violation;

connected with plunder and smuggling of cultural and historical values;

on transport;

in the field of information technologies;

connected with illegal migration;

illegal trade in rare or endangered species of animals.

2. The parties also interact in the following directions:

protection of public order;

traffic safety;

identification of the unknown corpses and persons not capable for health reasons or I will increase to report data on the personality;

material logistics of activities of the Parties;

research activities, development of information and telecommunication systems, implementation and use of means and communication systems, special means, machinery and equipment;

ensuring information security;

preparation and advanced training of personnel;

development of sports and cultural ties;

rendering assistance on contractual basis in treatment and sanatorium improvement of staff of the Parties and members of their families.

Article 3 of Form of cooperation

1. For the purpose of realization of provisions of Article 2 of this agreement of the Party according to the national legal system of the states perform cooperation in the following forms:

exchange of information which is of interest on the preparing or committed crimes and persons, involved in them;

execution of requests about conducting the investigation and search operations which are not requiring the sanction of the prosecutor (court) and other actions, the stipulated by the legislation Parties;

search of persons disappearing from criminal prosecution or execution of sentence, and also faces of missing persons;

exchange of information about new types of the drugs, psychotropic substances and their analogs and precursors which appeared in illicit trafficking, about technologies of their production and the substances used at the same time, and also about new methods of research and identification of drugs and psychotropic substances;

search and return in accordance with the established procedure objects (things) having numbers or specific distinctive signs including vehicles and firearms, and also securities and passports (identity certificates);

execution of requests about identification and elimination of the radio interferences created by departmental stations in border areas of the states of the Parties which are seriously worsening quality of traffic of radio communication or causing the termination of functioning of services of the adjacent Party;

exchange of information about holding actions for ensuring protection of public order in case of emergency situations (quarantines, mass riots, natural disasters in border areas of the states of the Parties);

work experience exchange, including holding training, consultations and seminars;

exchange of regulatory legal acts;

exchange on mutual basis scientific and technical literature and information on questions of activities of the Parties.

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

Article 4 Development of Cooperation

This agreement does not interfere with the Parties in determination and development of other mutually acceptable directions and forms of cooperation taking into account the conditions determined in Article 1 of this agreement.

Article 5 Requests about rendering assistance

1. The cooperation within this agreement is performed based on requests of the concerned party about rendering assistance or on one 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 body requesting assistance and required body if it is known;

statement of merits of case;

specifying of the purpose and reasons for request;

description of content of required assistance;

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

4. The request about rendering assistance transferred or confirmed in writing is signed by the head of the requesting body or its deputy and makes sure seal of the requesting body.

The article 6 Refusal in rendering assistance

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, homeland security, public order or other essential interests of its state, or contradicts the national legal system or the international obligations of its state.

2. Rendering assistance it can be refused if act in connection with which the request arrived is not crime by the national legal system of the state of the required Party.

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