On signing an Agreement on the procedure for Organizing and conducting International Controlled Delivery by the competent authorities of the Member States of the Commonwealth of Independent States

Home / Decree / On signing an Agreement on the procedure for Organizing and conducting International Controlled Delivery by the competent authorities of the Member States of the Commonwealth of Independent States

Decree of the President of the Republic of Kazakhstan dated October 9, 2025 No. 1034.

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "on International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft Agreement on the procedure for organizing and conducting International Controlled delivery by the competent authorities of the member States of the Commonwealth of Independent States.

2. To sign, on behalf of the Republic of Kazakhstan, an agreement on the procedure for organizing and conducting international controlled delivery by the competent authorities of the member States of the Commonwealth of Independent States.

3. This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on October 9, 2025 No. 1034

Project plan

The Agreement establishes the procedure for the organization and conduct of international controlled delivery by the competent authorities of the member States of the Commonwealth of Independent States

The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,

Based on the provisions of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988, the United Nations Convention against Transnational Organized Crime of November 15, 2000, the United Nations Convention against Corruption of October 31, 2003,

Guided by the Agreement on Cooperation between the Member States of the Commonwealth of Independent States in Combating Crime dated November 25, 1998, the Agreement on the Procedure for the Stay and Interaction of Law Enforcement Officers in the Territories of the Member States of the Commonwealth of Independent States dated June 4, 1999, the Agreement on Cooperation between the States - the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002, the Concept of Cooperation of the Member States of the Commonwealth of Independent States in Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Precursors of November 30, 2000, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of October 7, 2002, the Concept of Cooperation of the Member States of the Commonwealth of Independent States in Countering Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and precursors, approved by the decision of the Council of Heads of State of the Commonwealth of Independent States of October 7, 2002,

Expressing deep concern about the expansion of crime in the sphere of illicit trafficking in controlled objects, such as narcotic drugs, weapons, cultural, historical, artistic values and others,

the conscious need to coordinate the efforts of the Parties and take effective measures to counter crime in the field of illegal transportation of controlled objects across the state border,

about the following:

Article 1

For the purposes of this Agreement, the following basic concepts are used:

controlled objects are goods, facilities, things or objects, primarily those whose free sale is prohibited or whose civil turnover is limited, as well as objects obtained by criminal means or which have retained traces of a crime, or tools or means of committing crimes.;

international controlled delivery (hereinafter referred to as ICP) is an operational search measure consisting in the movement of controlled objects controlled by the competent authorities of the Parties on the territory of the Parties in order to identify crimes and identify those who prepare, commit or commit them, to obtain information about events or actions that endanger human and civil rights and freedoms, society, national security, the state;

the State of departure is the Party from whose territory the controlled object is exported at the MCP;

transit State - The Party through whose territory the controlled object is moving during the MCP;

destination State - The Party whose territory is the final destination of the controlled facility during the MCP;

competent authorities are state bodies authorized by the national legislation of the Parties to carry out operational investigative activities.

Article 2

1. This Agreement establishes the procedure for the organization and conduct of the MCP by the competent authorities of the Parties.

2. Each Party, in accordance with its national legislation, determines the list of competent authorities responsible for the implementation of this Treaty and sends it to the depositary simultaneously with the notification of the completion of the internal procedures necessary for the entry into force of this Treaty. The Parties shall notify the depositary of any changes to their competent authorities within one month.

3. The interaction of the competent authorities during the MCP is carried out in accordance with this Agreement. Issues not regulated by this Treaty, as well as international treaties applicable in relations between the Parties concerned, are resolved in accordance with their national legislation.

Article 3

The basic principles of this Agreement are:

a) observance of human and civil rights and freedoms;

b) ensuring the safety of persons participating in the ITUC;

c) compliance with the national legislation of the Parties;

d) ensuring the safety and control of the controlled facility during the MCP;

e) ensuring confidentiality in the organization and conduct of the MCP.

Article 4

The main tasks of the competent authorities in conducting the MCP are:

a) identification, prevention, suppression and disclosure of crimes, as well as identification and identification of persons who prepare, commit or have committed them;

b) identification of interregional and international criminal connections, channels and routes of movement of controlled objects;

c) receiving information about events or actions that pose a threat to human and civil rights, freedoms, society, national security, and the State;

d) assistance in combating crime in accordance with international treaties.

Article 5

During the MCP, controlled objects may be moved.:

a) a person who prepares, commits, or commits a crime;

b) a person who is not aware of the nature of the controlled object being moved;

c) an employee of the competent authority of the Party;

d) a person providing confidential assistance to the competent authorities of the Parties.

Article 6

The conditions for the MCP are the presence of:

a) the consent of the competent authorities of the State of transit and the State of destination to conduct the ITUC, taking into account the removal of objective obstacles and prohibitions from the national legislation of the Parties;

b) the fact that the competent authorities of the Parties have discovered controlled objects that are being illegally moved across the state border, and (or) these bodies are aware of the upcoming movement of controlled objects across state borders that have not been made public and are not known to persons whose criminal activities are planned to be carried out by the ITUC.;

c) objective possibilities for the extraction of controlled objects at any point along the MCP route.

Article 7

1. The basis for the MCP is a request from the competent authority of the Party.

2. The submitted request for the MCP must contain:

a) the name of the competent authority of the State of destination and the competent authority of the State of destination;

b) the rationale and purpose of the request;

c) the content of the prohibited substance;

d) proposals on the methods, conditions, place, time and procedure of the MCP;

e) information on the means of covertly obtaining (recording) information imported into the territory of the transit State and the destination state during the MCP;

f) information about the controlled facility;

g) other information that may be useful for the proper execution of the request.

3. The request for an ITUC shall be signed by the head of the competent authority of the Party or his deputy, certified with a stamp and sent in writing, including using technical means of text transmission. In case of doubts about the authenticity or content of the request, the competent authorities of the Parties involved in the ITUC may request additional confirmation.

Article 8

1. The competent authority of the transit State:

a) promptly inform the competent authorities of the State of departure and the State of destination of the fact of transit reception, the route of movement and escort of the controlled object, the application of additional protective measures, and, if necessary, organizes and conducts a set of operational investigative measures for covert control using technical means; documentation;

b) in coordination with the interested state bodies, ensures the safe movement of the controlled object along the route.;

c) in case of participation in the ITUC of the persons specified in paragraphs "c" and "d" of Article 5 of this Treaty, take the necessary measures to ensure the safety of these persons, confidentiality of assistance, and secrecy of events;

d) if there is one of the grounds provided for in Article 9 of this Treaty, immediately notify the competent authorities of the State of departure and the State of destination of the termination of the ITUC.

2. The competent authority of the destination State:

a) promptly inform the competent authorities of the State of departure and the State of transit about the fact of receiving and escorting the controlled object, as well as about the application of additional protective measures;

b) organizes and conducts a set of operational search and other measures for covert control over the movement of a controlled object and persons involved in criminal activities;

c) in the case of participation in the ITUC of the persons specified in paragraphs "c" and "d" of Article 5 of this Treaty, fully ensures the safety of these persons, confidentiality of assistance, secrecy, and safe withdrawal of these persons from events without endangering their lives and health.;

d) establishes the identity of the members of the criminal group (organizers of the delivery, couriers, consignees), carries out their detention and seizure of the controlled facility on the territory of their state;

e) promptly notify the competent authorities of the State of departure and the State of transit of the adoption of procedural decisions in connection with the ITUC;

(e) If there is one of the grounds provided for in article 9 of this Treaty, immediately notify the competent authorities of the State of departure and the State of transit of the termination of the ITUC.

Article 9

The grounds for termination of the MCP are:

a) the fulfillment of the tasks for which the MCP was carried out;

b) the occurrence of a threat to the life and health of the person moving the controlled object;

c) the occurrence of circumstances that may lead to the loss of the controlled object or make further implementation of the MCP impractical;

d) the establishment of the fact of the MCP by persons, in order to identify the criminal activities of which the MCP is conducted;

e) other circumstances that make it impossible to continue the MCP.

Article 10

1. Upon receipt of the notification provided for in subparagraph "d" of paragraph 2 of Article 8 of this Treaty, the competent authorities of the State of departure and the State of transit may forward evidentiary materials to the competent authority of the State of destination for possible joining the criminal case.

2. The results of the MCP are drawn up by the competent authorities of each of the parties in accordance with their national legislation, unless otherwise agreed by the Parties.

Article 11

During the implementation of the ITUC, controlled facilities may be completely or partially removed or replaced by the competent authorities of the parties in accordance with the procedure determined by the national legislation of the party in whose territory their removal or replacement is carried out.

Article 12

The competent authorities of the State of transit and the State of destination shall ensure the return to the State of departure of vehicles used as means of committing a crime, including those that are material evidence in criminal cases, after the termination of the ITUC at the expense of the State of departure, unless otherwise agreed by the Parties.

Article 13

The competent authorities of the State of transit and the State of destination, by prior agreement of the Parties, take the necessary measures for the unhindered importation into and export from their territory of the means of secretly obtaining (recording) information used during the ICP, as well as their return to the initiator of the ICP after its completion.

Article 14

Disputes between the parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the parties concerned.

Article 15

Each Party shall independently bear the costs incurred during the implementation of this Agreement, unless otherwise agreed by the Parties.

Article 16

The competent authorities of the Parties shall use Russian as a working language when carrying out cooperation under this Agreement.

Article 17

This Agreement may be amended, which are an integral part of it, which are formalized by the relevant protocol.

Article 18

This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.

For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 19

After its entry into force, this Treaty is open for accession by any member State of the Commonwealth of Independent States that recognizes its provisions and shares the goals and objectives of this Treaty by submitting documents on such accession to the depositary.

For the acceding State, this Treaty shall enter into force 30 days after the date of receipt by the depositary of the relevant instrument of accession.

Article 20

This Agreement is concluded for an indefinite period.

Each Party may withdraw from this Agreement by sending a written notification of such intention to the depositary no later than six months prior to withdrawal and settling financial and other obligations incurred during the validity of the Agreement.

Termination of this Agreement does not entail termination of the obligations of the Parties to protect confidential information under this Agreement.

Fly around ______________________________ _________________ year in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which sends a certified copy to each signatory State.

The Republic of Azerbaijan

For the Republic of Armenia

For the Republic of Tajikistan

For the Republic of Belarus

Beyond Turkmenistan

For the Republic of Kazakhstan

For the Republic of Uzbekistan

Kyrgyz Republic

For Ukraine

For the Republic of Moldova

President

Republic of Kazakhstan

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