On the signing of the Agreement between the Republic of Kazakhstan and the State of Qatar on Mutual Legal Assistance in Criminal Matters

Home / Decree / On the signing of the Agreement between the Republic of Kazakhstan and the State of Qatar on Mutual Legal Assistance in Criminal Matters

Decree of the President of the Republic of Kazakhstan dated February 10, 2024 No. 476

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 “On International Treaties of the Republic of Kazakhstan”, I HEREBY DECREE:

1. To approve the attached draft Agreement between the Republic of Kazakhstan and the State of Qatar on mutual Legal Assistance in criminal matters.

2. To authorize Murat Abugalievich Nurtleu, Deputy Prime Minister and Minister of Foreign Affairs of the Republic of Kazakhstan, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the State of Qatar on Mutual Legal Assistance in Criminal Matters, authorizing amendments and additions that are not fundamental.

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 dated February 10, 2024 No. 476

Project

Agreement between the Republic of Kazakhstan and the State of Qatar on Mutual Legal Assistance in Criminal Matters

The Republic of Kazakhstan and the State of Qatar, hereinafter separately referred to as the “Party” and collectively referred to as the “Parties”,

based on the well-established friendship between the two Sides,

Recognizing the importance of cooperation in regulating mutual legal assistance in criminal matters in accordance with the laws of the Parties and in compliance with international law, in particular the principles of mutual respect for sovereignty and non-interference in the internal affairs of the Parties,

agreed on the following:

Article 1 Obligation to provide assistance

The Parties undertake to provide each other with the widest possible measures of legal assistance in criminal matters in accordance with the provisions of this Agreement and their national legislation.

Article 2 Central authorities

1. For the purposes of this Agreement:

The central authorities for the Republic of Kazakhstan are:

a) Supreme Court - for requests for legal assistance during court proceedings;

b) The Prosecutor General's Office - for all other requests for legal assistance.

The central authority for the State of Qatar is the Public Prosecutor's Office.

2. For the purposes of this Agreement, the central authorities shall cooperate with each other through diplomatic channels. In case of emergency, the central authorities can send requests by fax or e-mail. The original request must be officially sent within thirty (30) days through diplomatic channels.

3. Each Party must notify the other of any changes regarding its central authority within thirty (30) days through diplomatic channels.

Article 3 Assistance package

1. The Parties shall execute requests for mutual legal assistance in criminal matters in accordance with the provisions of this Agreement and the applicable national legislation of their countries.

2. Assistance may include the following:

a) the appearance of witnesses, victims and experts to the competent authorities of the Parties;

(b) Temporary transfer of arrested persons or persons serving a custodial sentence;

c) service of documents or subpoenas;

d) search and seizure;

(e) Assistance in the procedures for the search, seizure or confiscation of property;

f) any other forms of mutual legal assistance in accordance with the objectives of this Agreement that do not contradict the national legislation of the Parties.

Article 4 Refusal of assistance

1. Requests for mutual legal assistance may be refused in the following cases::

(a) The request is contrary to the national legislation or international obligations of the Requested Party or is likely to prejudice its sovereignty, security, public order or other essential interests.;

(b) The offence referred to in the request is a political offence or is related to a political offence.

2. If the request is refused in accordance with paragraph 1 of this article, the Requested Party must inform the Requesting Party of the reasons for the refusal.

Article 5The content of the request

1. A request for legal assistance in criminal matters must include the following:

a) the name of the competent authority conducting the criminal case;

(b) The purpose and description of the requested evidence, information or other assistance;

(c) A description of the crime, indicating the applicable provisions of national law, including the statute of limitations;

d) if necessary, information about the payments and compensations to which the person called to appear is entitled;

e) if necessary, information about the officials whose presence is required to assist in the execution of the request;

(f) Any other information that may be provided to the Requested Party to facilitate the execution of the request.

2. The request and the documents attached to it must be drawn up in writing, signed and sealed with the official seal of the competent authority of the Requesting Party.

3. If the Requested Party requires additional information in order to be able to fulfill the request, it may request such information from the Requesting Party.

Article 6 Execution of the request

1. A request for mutual legal assistance shall be executed in accordance with the provisions of the legislation of the Requested Party. However, the Requested Party may execute the request in accordance with the procedures specified in the request, as long as it does not contradict its own applicable laws.

2. At the request of the Requesting Party, the Requested Party shall inform the competent authority of the Requesting Party of the date and place of execution of the request. The competent authority of the Requested Party may grant permission to the relevant officials of the Requesting Party to be present during the execution of the request.

3. After executing the request, the requested Party shall inform the Requesting Party that the request has been executed. If the request has not been executed, the Requested Party shall inform the Requesting Party about it and indicate the reasons for this.

4. The requested Party shall notify the Requesting Party in writing of any circumstances that may lead to a significant delay in the execution of the request.

Article 7 Preservation of confidentiality

1. The requested Party shall make every effort to preserve the confidentiality of the request for legal assistance and the supporting documents contained therein. If the request cannot be executed without disclosing confidentiality, the Requested Party notifies the Requesting Party about it before executing the request, and the Requesting Party decides whether to execute the request or not.

2. The requested Party may require the Requesting Party not to use any information or evidence obtained during the execution of the request in procedures other than those mentioned in the request, without the prior consent of the Requested Party.

Article 8 Appearance of witnesses, victims and experts to the competent authorities

1. The parties may request the appearance of witnesses, victims and experts to their competent authority in order to conduct procedural actions with their participation. In this case, the Requesting Party shall bear all expenses related to the travel and stay of the specified persons on its territory.

2. If the said person does not appear before the competent authority of the Requesting Party, no coercive measures or punishment may be applied against the latter.

3. A witness, victim, or expert who voluntarily appears before the competent authority of the Requesting Party may not be detained, convicted, punished, or subjected to any other restriction of his or her personal freedom in that Party, regardless of his or her nationality, in connection with acts committed prior to his or her entry into the territory of the Requesting Party.

4. The inviolability provided for in paragraph 3 of this Article shall be terminated if a person:

a) does not leave the territory of the Requesting Party within fifteen (15) days from the date when he was officially informed that his presence was no longer necessary. However, this period does not include the period during which the said person has not left the territory of the Requesting Party for reasons beyond his control.;

b) having left the territory of the Requesting Party, voluntarily returned back.

5. Upon request, witnesses, victims or experts may be heard via videoconference with the consent of the Parties.

Article 9 Timely transfer of arrested persons or persons serving a custodial sentence

1. If hearing by videoconference is not possible, with the consent of the Requested Party and in a manner consistent with its national legislation, the arrested person or a person serving a custodial sentence may be transferred to the Requesting Party for hearing his testimony or for any other purpose of providing legal assistance in accordance with the provisions of this Agreement.

2. The requested party shall not transfer the arrested person or the person serving a custodial sentence until his consent has been obtained.

3. The requesting Party must comply with the conditions specified by the Requested Party, including the detention of the requested person, unless the Requested Party decides otherwise.

4. When the Requested Party informs the Requesting Party that the transferred person does not need to be detained, such person shall be released and the provisions of Article 8 of this Agreement shall apply to him.

5. The competent authorities of the Requesting Party may not take any actions with respect to the transferred person, except those carried out within the framework of the purpose for which it was requested.

6. The time of detention spent by the transferred person in the Requesting Party shall be counted towards the term of punishment imposed on him in the Requested Party.

7. The requesting Party shall not require the Requested Party to initiate extradition proceedings while the person is in the territory of the Requesting Party and must return the transferred person to the Requested Party within thirty (30) days from the date of his transfer or another period agreed by the Parties.

Article 10 Submission of documents or subpoenas

1. The requested Party shall deliver the documents or summonses sent to it to the person located in its territory no later than thirty (30) days prior to the date of his appearance at the competent authority of the Requesting Party.

2. Delivery is confirmed by a receipt with the date and signature of the person to whom the document or summons was delivered. This receipt must be sent to the Requesting Party.

3. If it is not possible to serve documents or subpoenas, the Requested Party shall notify the Requesting Party and return the documents or subpoenas to it.

Article 11 Search and seizure

1. The Requested Party, at the request of the Requesting Party, executes the search and seizure request and transfers the seized items and documents to the Requesting Party, if this does not contradict the national legislation of the Requested Party, and subject to the protection of the rights of other bona fide persons.

2. The requesting Party must comply with the conditions of the Requested Party with respect to seized and transferred items and documents.

Article 12 Return of seized items

The Requesting Party undertakes, at the request of the Requested Party, to return the seized and transferred items and documents, including records or other evidence, as soon as possible.

Article 13 - Assistance in the procedures of search, seizure or confiscation of property

1. Upon request, the Requested Party shall search, seize or confiscate material evidence and proceeds of criminal activity in a manner that does not contradict its national legislation.

2. Without prejudice to the rights of other bona fide persons, the Requested Party may allow the Requesting Party to return material evidence and proceeds of criminal activity after a final court decision has been rendered in the territory of the Requesting Party.

Article 14 Expenses

1. In accordance with its national legislation, the Requested Party shall bear the costs associated with the execution of the request for legal assistance.

2. The following expenses must be covered by the requesting Party:

(a) The costs of travel and stay in the territory of the Requested Party of the persons referred to in paragraph 2 of Article 6 of this Agreement;

(b) The costs of travel and stay in the territory of the Requesting Party of the persons referred to in paragraph 1 of article 8 of this Agreement;

c) the costs of conducting the examination, unless otherwise agreed by the Parties.

3. If the execution of the request entails expenses of an extraordinary nature, the Parties may consult with a view to allocating the costs associated with the execution of the request.

Article 15 Language

1. Requests for legal assistance and the documents attached thereto shall be drawn up in the language of the Requesting Party and accompanied by a translation into the language of the Requested Party or into English.

2. Responses to requests for legal assistance and the documents attached to them shall be drawn up in the language of the Requested Party and accompanied by a translation into the language of the Requesting Party or into English.

Article 16Cooperation with other international agreements

This Agreement does not affect the rights and obligations of the Parties provided for in other international agreements to which either Party is a Party.

Article 17 Scope of application

The provisions of this Agreement shall apply to requests concerning crimes that occurred before and after its entry into force.

Article 18 Dispute settlement

Any disputes that arise between the Parties regarding the application or interpretation of this Agreement shall be resolved through consultations and negotiations between the central authorities of the Parties or through diplomatic channels.

Article 19 Validity of documents

For the purposes of this Agreement, any documents sent by the central authority of one Party, signed and stamped, must be used on the territory of the other Party without legalization.

Article 20 of the Amendment

By written consent between the Parties, the provisions of this Agreement may be amended, which shall enter into force in accordance with the procedures provided for in Article 21 of this Agreement and shall be considered an integral part thereof after their entry into force.

Article 21 Entry into force, duration and termination

1. This Agreement shall enter into force thirty (30) days after the date of receipt of the last written notification in which either Party notifies the other Party through diplomatic channels of the completion of its internal procedures necessary for the entry into force of this Agreement.

2. This Agreement is valid for five (5) years and is automatically extended for another similar period or periods, unless either Party notifies the other Party in writing through diplomatic channels of its desire to terminate it at least six (6) months before the date of its termination.

3. The termination of this Agreement does not affect the fulfillment of requests sent or received prior to the date of its termination, unless the Parties have agreed otherwise in writing.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective States, have signed this Agreement.

This Agreement was concluded in ____________________ "____" _________ ____ in two original copies in Kazakh, Arabic and English, with all texts they are equally authentic. In case of discrepancies in the interpretation of the Agreement, the English text shall prevail.

Download

For the Republic of Kazakhstan

For the State of Qatar

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases