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THE AGREEMENT BETWEEN PUBLIC SERVICE OF FINANCIAL INVESTIGATION UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC AND THE MINISTRY OF FINANCE OF TURKMENISTAN

of November 11, 2014

About cooperation in the field of counteraction of legalization of income gained in the criminal way and to terrorism financing

Public service of financial investigation under the Government of the Kyrgyz Republic and the Ministry of Finance of Turkmenistan, hereinafter referred to as with the Parties,

being guided by mutual interests in the field of counteraction of legalization of income gained in the criminal way and to terrorism financing, and also the criminal activities connected with it,

in view of need of implementation of cooperation most in an efficient manner,

agreed as follows:

Article 1

The parties perform interaction, including information exchange, according to provisions of this agreement, being effective within the competence, with compliance with law and the international obligations of each of the states of the Parties.

Article 2

The parties perform interaction, including information exchange, at stages of collection, processing and analysis of information on transactions which is at their disposal with money or other property concerning which there are suspicions that they are connected with legalization of income gained in the criminal way, financing of terrorism and the criminal activities connected with it and also interaction on exchange of information about activities of the physical persons and legal entities participating in making of these transactions.

Article 3

1. Exchange of information is performed in writing, including as agreed by the parties, by means of use of technical means of transfer of the text, on initiative or based on requests of the Parties.

2. Request for receipt of information is sent in writing or by e-mail, with use of the digital signature.

3. In case of need the required Party can request the additional information necessary for proper execution of request from the requesting Party.

Article 4

1. Performed by request it can be refused fully or partially if its execution can cause damage to sovereignty, safety, public order or other essential interests of the state of the required Party, contradicts the legislation and (or) the international obligations of the state of the required Party, and also if on the facts specified in request it is already conducted judicial, trial in the state of the required Party.

2. If the required Party makes the decision on refusal to solve query, then it notifies on it the requesting Party with indication of the reason of adoption of such decision.

Article 5

1. Information obtained within this agreement cannot be used without written consent the Party which provided it in other purposes, than for what it was requested and was provided.

2. Information obtained within this agreement is confidential, and the protection mode, stipulated by the legislation the states of the receiving party concerning similar information from national sources extends to it.

3. The parties, being guided by the legislation and the international obligations of each of the states of the Parties, perform the necessary organizational and technical measures directed to information security, received within this agreement, from accidental or illegal destruction, change, disclosure, and also from any other unauthorized use.

4. Information obtained within this agreement is stored not longer, than it is required by the purposes for which it was transferred. Information is liable to destruction according to regulatory legal acts of each of the states of the Parties.

Article 6

Information obtained within this agreement can be used in the pre-judicial and judicial purposes only in the relations of the cases connected with legalization of income gained in the criminal way, and terrorism financing, and also the criminal activities connected with it.

Article 7

1. The parties jointly determine procedure for information transfer according to the legislation of each of the states of the Parties and hold consultations concerning implementation of this agreement.

2. The parties can communicate on demand or on own initiative about the legislation of each of the states of the Parties in the field of counteraction of legalization of income gained in the criminal way and to terrorism financing.

3. The parties according to the mutual arrangement can hold joint conferences and seminars for experience exchange and discussion of the questions which are of mutual interest.

4. This agreement does not interfere with development and development of other mutually acceptable forms of cooperation.

Article 8

Interaction and information exchange between the Parties is performed in Russian.

Article 9

According to the mutual arrangement of the Parties changes and additions which are drawn up by the separate protocols which are integral part of this Agreement can be made to this agreement.

Article 10

The matters of argument arising at the Parties in case of interpretation and application of this agreement are permitted by consultations and negotiations between the Parties.

Article 11

Provisions of this agreement do not affect the rights and obligations following from other international Treaties which participants are the Kyrgyz Republic and Turkmenistan.

Article 12

1. This agreement becomes effective from the date of its signing and uncertain term is effective.

2. Each of the Parties can terminate this agreement, having sent the adequate written notice to other Party. This agreement stops the action after 90 days from the date of receipt of such notification by other Party.

3. The provisions of this agreement providing confidentiality of information obtained earlier remain in force after cancellation of the Agreement.

It is made in the city of Ashgabat on November 11, 2014 in duplicate, everyone in the Kyrgyz, Turkmen and Russian languages, and all texts have identical legal force, in case of disagreements in interpretation of provisions of this agreement, the text in Russian is assumed as a basis.

For Public service of financial investigation under the Government of the Kyrgyz Republic

signature:

For the Ministry of Finance of Turkmenistan

signature:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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