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THE PROTOCOL BETWEEN ADMINISTRATION OF THE STATE BORDER SERVICE OF UKRAINE AND THE STATE BOUNDARY COMMITTEE OF THE REPUBLIC OF BELARUS

of May 4, 2015

About cooperation of operational divisions (bodies) for the benefit of protection of frontier

Administration of the State Border Service of Ukraine and the State boundary committee of the Republic of Belarus (further - the Parties),

based on provisions of the Agreement between the Government of Ukraine and the Government of the Republic of Belarus about cooperation on boundary and customs questions of December 17, 1992, the Contract between Ukraine and the Republic of Belarus on frontier of May 12, 1997,

considering Protocol provisions between Administration of the State Border Service of Ukraine and the State boundary committee of the Republic of Belarus on procedure for exchange of information about situation on frontiers of Ukraine and the Republic of Belarus of June 18, 2013,

for the purpose of strengthening and cooperation increase of the Parties in operational search (operational) activities for the benefit of protection of frontier of the states of the Parties,

proceeding from mutual interest in safety of Ukraine and the Republic of Belarus on boundary questions,

being effective according to the conventional principles and rules of international law, the national legal system of Ukraine and the Republic of Belarus and within the competence,

agreed as follows:

Article 1

For the purpose of effective and mutually advantageous safety of Ukraine and the Republic of Belarus on boundary questions of the Party will organize cooperation and interaction in the field of operational search (operational) activities for the benefit of protection of frontier according to the national legal system of the states of the Parties.

Article 2

1. Within the this Protocol are responsible for the organization and coordination of operational cooperation:

from the Ukrainian side - Department of operational activity of Administration of the State Border Service of Ukraine;

from the Belarusian Side - Head department of operational activity of the State boundary committee of the Republic of Belarus.

2. The cooperation of the Parties provided by the this Protocol is performed between the following authorized operational divisions (bodies) at the following levels:

2.1. Central:

managements on fight against cross-border crime and accomplishment of tasks of criminal trial of Department of operational activity of Administration of the State Border Service of Ukraine, operational search department of Northern regional government of the State Border Service of Ukraine - with Head department of operational activity of the State boundary committee of the Republic of Belarus, body of the border service of special purpose of the Republic of Belarus;

managements of internal and own security of Administration of the State Border Service of Ukraine - with Department of Internal Security of the State boundary committee of the Republic of Belarus;

2.2. Regional:

operational search departments of the Chernihiv, Zhytomyr and Lutsk boundary groups of Northern regional government of the State Border Service of Ukraine, Separate check-point "Kiev" of the State Border Service of Ukraine - with managements of operational activity of the Brest and Gomel boundary group, the Pinsk and Mazyr boundary groups, group of border control Minsk.

3. In case of change of the operational divisions (bodies) specified in Items 1 and 2 of this Article, the Parties timely notify on this each other.

Article 3

The cooperation concerning operational search (operational) activities is performed by authorized operational divisions (bodies) of the Parties within the competence in the following directions:

- Counteraction to illegal crossing of frontier;

- Counteraction to terrorism manifestations;

- Counteraction of illegal migration and human trafficking;

- Fight against smuggling and administrative and customs offenses;

- Detection of forgery documents, stamps, seals;

- Prevention and counteraction to corruption crimes (criminal offense) among personnel of boundary departments of the Parties.

Article 4

The cooperation of representatives of operational divisions (bodies) of the Parties for operational search (operational) activities is performed in the following forms:

- Exchange of information, being of interest to operational search (operational) activities for the directions specified in Article 3 this Protocols;

- Holding the approved operational search and other actions, transactions;

- Mutual aid in search of persons involved in unlawful activity through frontier of the states of the Parties;

- Experience exchange of activities of operational divisions (bodies) of the Parties;

- Accomplishment of requests in the directions of cooperation;

- Other forms which are of mutual interest as agreed by the parties.

Article 5

Provision of information is performed free of charge by written requests.

Authorized operational divisions (bodies) of the required Party timely report authorized operational bodies (divisions) of the requesting Party about circumstances which interfere with execution of request or significantly detain him accomplishment.

Authorized operational divisions (bodies) of the Parties not disclose information which became known in process of cooperation, and have the right to transfer it to the third party only from written consent of authorized operational division (body) of the Party which provided information.

Article 6

Exchange of information is performed according to the national legal system of the states of the Parties.

Article 7

The parties, on the basis of the analysis and assessment of operational situation, determination of tendencies of its development, make and approve offers on joint activities with subsequent their realization for the benefit of safety on frontier of the states of the Parties and increase in reliability of its protection.

Article 8

Authorized operational divisions (bodies) of the Parties approve carrying out in the territory of the states of operational search and other actions, the transactions directed to the decision same specific objective, concerning the same object or group of the interconnected objects.

The approved operational search and other actions, transactions are performed by authorized operational divisions (bodies) of the Parties on the basis of joint plans for the directions specified in Article 3 this Protocols.

Article 9

Authorized operational divisions (bodies) of the Parties for the benefit of ensuring protection of frontier of the states of the Parties, according to national legal systems of the states, give help in counteraction of cross-border crime in the way:

- Identification of persons, the facts, the events concerning criminal offenses (crimes) investigated by authorized divisions (bodies) of the Parties;

- Search of persons involved in unlawful activity on frontier, and also their helpers;

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