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

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Decree of the President of the Republic of Kazakhstan dated November 24, 2022 No. 1081

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 Arab Republic of Egypt on mutual Legal Assistance in Criminal Matters.

2. To authorize the Prosecutor General of the Republic of Kazakhstan, Berik Asylov Nogaiuly, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Arab Republic of Egypt 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 signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan dated November 24, 2022 No. 1081

Project

Agreement between the Republic of Kazakhstan and the Arab Republic of Egypt on Mutual Legal Assistance in Criminal Matters

The Republic of Kazakhstan and the Arab Republic of Egypt, hereinafter referred to as the "Contracting States",

Desiring to develop and strengthen cooperation in the fight against crime,

We have agreed on the following:

Article 1 General provisions

1. The Contracting States, in accordance with the provisions of this Treaty and their national legislation, shall provide each other with the widest possible legal assistance in criminal matters.

2. Legal assistance includes the following actions::

a) service and delivery of documents and subpoenas;

(b) Locating or identifying persons and objects;

(d) The temporary transfer of arrested persons and persons serving sentences of imprisonment;

(e) Carrying out search, seizure and confiscation;

f) inspection of objects and documents;

(g) Exchange of information and evidence;

(h) Any other forms of assistance provided for by the national legislation of the requested Contracting State.

Article 2 Central authorities

1. For the purposes of this Treaty, the central authorities designated by the Contracting States shall interact directly with each other.

2. The central authorities are:

for the Republic of Kazakhstan:

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

The Prosecutor General's Office - for all other requests for legal assistance;

For the Arab Republic of Egypt, the Ministry of Justice is the Department of International and Cultural Cooperation.

3. Each Contracting State shall inform the other through diplomatic channels of any changes and additions regarding the central authorities.

Article 3 Form and content of requests for legal assistance

1. A request for legal assistance shall be drawn up in writing, signed by an official and stamped by the competent authority of the requesting Contracting State.

2. The request must contain the following:

a) the name of the competent authority that made the request;

(b) The purpose and description of the assistance requested;

(d) An indication of the applicable provisions of national legislation, including provisions on the statute of limitations;

e) the reasons for requesting evidence, information or other actions;

(f) Where appropriate, details of the payments and compensations to which the person called to appear is entitled; and

g) if necessary, information about the officials whose presence is required during the execution of the request.

3. Whenever possible, the request should also contain:

a) information about the identity and location of the person to whom the documents are to be served, their legal status and the manner in which the service is to be performed;

(b) Information on the identity and location of the person who is to testify or assist in the judicial proceedings;

c) information about the identity of the person, objects or documents whose location must be established;

(d) The most accurate description of the place or person to be searched and the item to be seized or confiscated;

(e) A description of the manner in which any testimony or statements are to be obtained and recorded;

(f) A list of questions to be asked to the person being heard;

g) a description of the specific procedure to be followed in executing the request;

h) Confidentiality requirements;

(i) Any other information that may be provided to the requested Contracting State to facilitate the execution of the request.

4. A request for legal assistance may be sent using technical means of communication. The original request must be sent simultaneously by mail.

Article 4 Language

The request for legal assistance and the necessary documents must be drawn up in the language of the requesting Contracting State and translated into the language of the requested Contracting State or into English. Responses to requests must be written in the language of the requested Contracting State and translated into the language of the requesting Contracting State or into English.

In the case of a large volume of documents related to the execution of the request, the central authorities of the Contracting States are entitled to hold consultations to determine the list of documents to be translated.

Article 5 Refusal to provide legal assistance

1. The requested Contracting State has the right to refuse to provide legal assistance if the act for which it is requested does not constitute a crime under its national legislation.

2. The requested Contracting State has the right to refuse to provide the requested legal assistance in whole or in part if:

a) the conditions for the performance of certain types of legal assistance provided for in this Agreement have not been met;

b) the execution of the request poses a threat to the sovereignty, security, public order or other essential interests of the requested Contracting State or is contrary to its national legislation;

(c) The request concerns coercive measures that are contrary to the national legislation of the requested Contracting State;

(d) There are substantial grounds to believe that the request for assistance is aimed at criminalizing a person for reasons of race, gender, religion, nationality, ethnic origin or political beliefs, or that the person's position may be harmed for any of these reasons.

3. Before refusing to provide legal assistance, the central authority of the requested Contracting State must consult with the central authority of the requesting Contracting State.

4. Any refusal to provide legal assistance must be motivated.

Article 6 Execution of requests for legal assistance

1. Requests for legal assistance shall be executed in accordance with the national legislation of the requested Contracting State. In exceptional cases, the requested Contracting State may act in accordance with the procedure proposed by the requesting Contracting State, if this does not contradict the national legislation of the requested Contracting State.

2. The requested Contracting State has the right to delay the execution of the request if such execution serves as an obstacle to criminal proceedings conducted in its territory.

3. Before postponing the provision of legal assistance, the requested Contracting State, after possible consultations with the requesting Contracting State, decides whether it can provide it in whole or in part, or on the terms it deems necessary.

4. The decision to postpone the execution of the request must be reasoned and the requested Contracting State shall inform the requesting Contracting State of the reasons for the delay in the execution of the request.

5. The requested Contracting State shall execute the request for assistance as soon as possible or, if possible, within the time period specified by the requesting Contracting State, which must be motivated.

Article 7 Confidentiality

1. The requesting Contracting State has the right to request from the requested Contracting State to ensure the confidentiality of the request and its contents, except in cases where this is incompatible with the execution of the request. If the requested Contracting State is unable to comply with the confidentiality requirement, it shall immediately inform the requesting Contracting State, which shall decide whether the request is to be executed without confidentiality.

2. The requested Contracting State may request the requesting Contracting State not to use any information or evidence obtained in the execution of the request in other proceedings, except as specified in the request, without the prior consent of the requested Contracting State.

Article 8 Submission of documents and subpoenas

1. The requested Contracting State shall serve the documents transmitted to it for this purpose by the requesting Contracting State.

2. After delivery, the requested Contracting State shall send to the requesting Contracting State a confirmation of this, signed by the official and stamped by the authority that carried out the delivery, indicating the date, time, place and method of transfer, as well as information about the person to whom the documents were delivered. If the service has not been performed, the requested Contracting State shall immediately inform the requesting Contracting State and inform it of the reasons for non-delivery.

3. Summonses requiring persons to appear before the competent authorities of the requesting Contracting State shall be transmitted to the requested Contracting State no later than sixty (60) days prior to the date set for appearance. In urgent cases, the Contracting States may agree on a shorter period.

4. A person who fails to appear before the competent authority of the requesting Contracting State shall not be subject to any punishment or measure of restraint, even if the summons contains a notification of possible punishment in case of non-appearance.

Article 9The basis

1. A person, regardless of his nationality, who appears on a summons to the competent authority of the requesting Contracting State may not be subjected to criminal prosecution, detention, conviction, punishment or any other restriction of his personal freedom in the territory of the requesting Contracting State in respect of acts or convictions preceding his arrival and not indicated in the summons.

2. Paragraph 1 of this Article shall not apply if the person indicated therein:

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

b) after leaving the territory of the requesting Contracting State, voluntarily returns back.

Article 10 Location determination or identification of persons and objects

1. Any Contracting State has the right to request the other Contracting State to establish the location, identify persons and provide the place of residence or place of registration of wanted persons who must appear before the competent authorities of the requesting Contracting State and are believed to be located in the territory of the requested Contracting State.

2. Any Contracting State has the right to request the other Contracting State to establish the location, identify the objects and provide relevant data, or to take any other measure that makes it possible to determine the location and carry out identification.

3. The requested information must be provided on the basis of the request provided for in Article 3 of this Treaty.

Article 11 Timely transfer of arrested persons and persons serving sentences of imprisonment

1. An arrested person or a person serving a custodial sentence in the territory of the requested Contracting State, and whose personal appearance as a witness or expert is requested by the requesting Contracting State, may be temporarily transferred to its territory, provided that he is returned within a period specified by the requested Contracting State, which should not exceed six months (6) months. The requesting Contracting State has the right to request an extension of the specified period. Such an extension is granted only once.

2. The transfer of the persons referred to in paragraph 1 of this article may be refused if:

a) the person does not consent to its transfer;

(b) The presence of a person is required in criminal proceedings that are conducted in the requested Contracting State;

(d) There are other substantial grounds against the temporary transfer of the person to the requesting Contracting State.

3. The temporarily transferred person must be detained both in the requesting Contracting State and in the transit State.

4. If a third State is to transfer a person deprived of liberty to one of the Contracting States through the territory of the other Contracting State, the requested Contracting State must approve the transit of that person if that person is not a national of that Contracting State.

Article 12 Search and seizure

1. The requested Contracting State shall search, seize and transfer any objects or documents, provided that the request for legal assistance contains information that justifies the need for such actions.

2. In case of seizure of items and documents, the requested Contracting State must verify their authenticity. If, according to the national legislation of the requested Contracting State, the conduct of the actions referred to in paragraph 1 of this article requires a special decision by the competent authority, such decision must be provided by the requesting Contracting State.

3. The requested Contracting State has the right to require the requesting Contracting State to give its consent to the conditions that the requested Contracting State deems necessary from the point of view of protecting the rights and interests of third parties with respect to the transferred items and documents. If such consent is not obtained, the requested Contracting State has the right to refuse their transfer.

Article 13 Cooperation in confiscation procedures

1. The Contracting States, in accordance with their national legislation, shall provide each other with legal assistance in the identification, detection, seizure and confiscation of objects and documents, financial assets and other proceeds of crime.

2. If it has become known that proceeds of crime, instruments of crime, objects and documents, as well as financial assets subject to seizure or confiscation, are located in the territory of one of the Contracting States, the other Contracting State may be informed about this.

3. The transfer of proceeds from crime, instruments of crime, objects and documents, as well as financial assets subject to seizure or confiscation, shall be carried out in an agreed manner.

Article 14 Establishment of bank accounts and financial information

1. The requested Contracting State, in accordance with its national legislation, has the right to determine whether the person involved in the commission of the crime is a bank account holder with a bank or any other financial institution located in its territory and to inform the requesting Contracting State accordingly. Such information may also contain information about the users of these accounts, their location, as well as transactions.

2. The establishment of bank accounts or any other financial information must be carried out in accordance with the national legislation of the requested Contracting State.

Article 15 Voluntary transmission of information

1. The Contracting States have the right, on their own initiative, to provide each other with any information if it is assumed that it may be useful for the other Contracting State.

2. When providing such information, restrictions may be imposed on its use, which must be respected.

Article 16 Expenses

1. The requested Contracting State shall bear the costs associated with the execution of the request for legal assistance, with the exception of:

(a) The costs of travel and stay in the requested Contracting State of the persons referred to in subparagraph (g) of paragraph 2 of Article 3 of this Treaty;

(b) Expenses for travel and stay of the persons referred to in paragraph 3 of article 8 of this Treaty;

(d) The costs of the examination, unless the Contracting States agree otherwise.

2. When the execution of a request involves unforeseen expenses, the Contracting States may consult with a view to sharing the costs arising from the execution of the request.

Article 17 Exemption from the legalization of documents and records

The documents and materials provided in the order of legal assistance must be signed by an official and certified with the stamp of the competent authority, in which case their further legalization, certification or authentication is not required.

Article 18The relationship of this Treaty with other international agreements

This Treaty does not affect the rights and obligations of the Contracting States arising from other international agreements to which they are parties.

Article 19 Settlement of disputes

Any disagreement arising in the course of the application or interpretation of this Treaty shall be resolved through consultations and negotiations between the central authorities of the Contracting States or through diplomatic channels, without recourse to a national or international court of justice or to a third party in order to resolve them.

Article 20 Amendments and additions

This Treaty may be amended and supplemented by mutual agreement of the Contracting States, which are formalized by separate protocols, which are its integral parts, and which enter into force in accordance with the procedures provided for in paragraph 2 of Article 21 of this Treaty.

Article 21 Final provisions

1. This Treaty is subject to ratification.

2. This Treaty shall be concluded for a period of five years and shall enter into force on the date of receipt of the last notification through diplomatic channels that the Contracting States have completed the internal procedures necessary for its entry into force.

This period will be automatically extended each time for subsequent five-year periods, until one of the Contracting States notifies the other Contracting State in writing through diplomatic channels of its intention to terminate this Treaty at least six (6) months before the expiration date of the current period.

3. This Treaty shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt, through diplomatic channels, by one of the Contracting States of a written notification from the other Contracting State of its intention to terminate it.

4. In the event of termination of this Agreement, the procedures that were initiated during its validity period remain in force until they are fully implemented.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Treaty.

COMMITTED in _________________ "____" ________ 20 ___ in two copies, each in Kazakh, Arabic and English, all texts being equally authentic. In case of discrepancies in the interpretation of the provisions of this Treaty, the Contracting States shall refer to the English text.

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For the Republic of Kazakhstan

For the Arab Republic of Egypt

President

Republic of Kazakhstan

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