On signing the Agreement between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China on Mutual Legal Assistance in Criminal Matters

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Decree of the President of the Republic of Kazakhstan dated April 30, 2026 No. 1255.

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 between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China 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 Macao Special Administrative Region of the People's Republic of China 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 on April 30, 2026 No. 1255

Project

Agreement between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China on Mutual Legal Assistance in Criminal Matters

The Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China (hereinafter referred to as the Macao SAR), duly authorized to conclude this Agreement by the Central People's Government of the People's Republic of China, hereinafter referred to as the "Parties",

Desiring to develop and strengthen cooperation in the field of combating crime,

have agreed on the following:

Article 1

General provisions

1. The Parties, in accordance with the provisions of this Agreement and their legislation, shall provide each other with maximum legal assistance in criminal matters.

2. Legal assistance includes the following:

a) delivery and delivery of documents and subpoenas;

(b) Locating or identifying persons or objects;

(d) Facilitating the appearance of persons in custody and others to give evidence or provide assistance;

e) conducting searches and seizures;

f) inspection of objects and documents;

(g) Provision of information, documents and records, including judicial or official records;

(h) Identification and confiscation of tools and proceeds of crime;

(i) The transfer of property, including the temporary transfer of items; and

(j) Any other forms of legal assistance provided for by the legislation of the Requested Party.

3. For the purposes of this Agreement, "criminal cases" means investigations, prosecutions, or proceedings for crimes for which, at the time of the request for assistance, the punishment falls under the jurisdiction of the Requesting Party.

4. This Agreement does not apply to:

(a) Extradition of fugitives;

(b) The enforcement of sentences, except in cases permitted by the legislation of the Requested Party and article 15 of this Agreement;

(d) The procedure for the transfer of criminal cases.

5. This Agreement is aimed solely at providing mutual legal assistance between the Parties. The provisions of this Agreement do not give any person the right to obtain, conceal or exclude any evidence or to impede the execution of the request.

6. Nothing in this Agreement gives a Party the right to exercise jurisdiction in the territory of the other Party or to perform functions that belong exclusively to the authorities of that Party.

Article 2

Central authorities

1. The parties cooperate through their central authorities.

2. The central authorities for the Republic of Kazakhstan are:

a) The Supreme Court – on requests for legal assistance during court proceedings;

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

3. The central authority for the Macao SAR is the Public Prosecutor's Office of the Macao SAR.

4. Each Party may change its central authority, in which case it must inform the other Party of such a change in writing.

Article 3

Form and content of requests for legal assistance

1. A request for legal assistance shall be made in writing and may be sent through technical means of communication. The original request is simultaneously sent by mail.

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;

(c) A description of the investigation or judicial proceedings, including a summary of the relevant facts, applicable laws and statute of limitations;

d) the reasons for requesting evidence, information or other measures;

(e) The specific method or procedure that it is desirable for the Requested Party to apply in executing the request; and

f) the period within which the request must be executed, indicating the reason.

3. If necessary and possible, the request should also contain:

a) information about the identity and location of the person to whom the documents are to be served, his attitude to the criminal investigation and court proceedings, and the manner in which the service is to be performed;

b) information about the identity, nationality, and location of the person who is expected to testify or provide assistance;

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

(d) As accurate a description as possible of the place or person to be searched and the funds to be seized, delivered or confiscated;

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

(f) The confidentiality requirement and its justification;

g) information about the payments and compensations to which the summoned person is entitled;

h) any other information that may be provided to the Requested Party to facilitate the execution of the request.

4. If the information provided by the Requesting Party proves to be insufficient, the Requested Party may request additional information.

Article 4

Language

Unless otherwise agreed by the Parties:

a) the request for legal assistance and all other relevant documents and information are drawn up in the official language of the Requesting Party with a translation into the official language of the Requested Party or into English;

(b) The response to the request shall be given in the official language of the Requested Party and translated into the official language of the Requesting Party or into English.

Article 5

Refusal to provide legal assistance

1. The requested Party has the right to refuse to provide the requested legal assistance in whole or in part if:

a) the execution of the request may: with respect to the Republic of Kazakhstan – harm its sovereignty, security, public order or other essential interests; or with respect to the Macao SAR – harm the national defense, foreign affairs and sovereignty of the People's Republic of China or security, public order or other essential interests of the People's Republic of China or any of its parts, including Macau SAR;

b) An act or omission is not a crime according to its legislation.;

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

d) The requested Party will consider that the request is contrary to its legislation or applicable international treaties.;

e) The request refers to a crime that, according to the legislation of the Requesting Party, is punishable by death, life imprisonment or indefinite imprisonment, or to a punishment that may cause physical harm to a person if the Requesting Party does not provide sufficient guarantees to the Requested Party that such punishments will not be imposed.;

f) The requested Party has reason to believe that the request for legal assistance is aimed at persecuting or punishing a person on the basis of race, religion, nationality, ethnic origin; political beliefs, social status, or the position of this person may be worsened for any of these reasons;

g) The requested Party considers that the crime for which the request has been sent is a political crime or a crime related to a political crime.;

h) A request for assistance refers to a crime considered by the legislation of the Requested Party solely as a military crime, which is not a crime under ordinary criminal law.;

i) A request for assistance concerns the prosecution of a person for a crime for which the person has been convicted, acquitted, or pardoned in the Requested Party;

j) The request for legal assistance is aimed at prosecuting a person for a crime for which the person cannot be held accountable due to the expiration of the statute of limitations under the legislation of the Requested Party; or

k) The requesting Party cannot provide any conditions for confidentiality or restriction of the use of the requested materials.

2. For the purposes of subparagraph (g) of paragraph 1 of this article, an offence of a political nature or an offence related to a political offence does not include:

a) murder or attempt on the life or encroachment on the personality of the Head of State or the Head of Government or their family members;

(b) Any criminalized act that, on the basis of an international multilateral treaty applicable to both Parties, is not considered by the Parties to be a political crime or a crime related to a political crime.

3. Before refusing to provide legal assistance, the central authorities of the Parties consult with each other to determine whether legal assistance can be provided under such conditions as the Requested Party deems necessary.

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

5. If the Requesting Party accepts legal assistance in accordance with the conditions specified in paragraph 3 of this Article, it must comply with them.

Article 6

Execution of requests

1. Requests for legal assistance shall be executed in accordance with the legislation of the Requested Party as soon as possible. The Requested Party has the right to act in accordance with the procedure proposed by the Requesting Party, if this does not contradict the legislation of the Requested Party.

2. The requested Party has the right to delay the execution of the request if such execution serves as an obstacle to investigations or judicial proceedings in criminal cases conducted in its jurisdiction.

3. Before postponing the provision of legal assistance, the central authorities of the Parties consult with each other to determine whether legal assistance can be provided in whole or in part, or under such conditions as the Requested Party deems necessary.

4. The requested Party shall inform about the decision taken to postpone the execution of the request, which must be motivated.

5. The Requested Party shall inform the Requesting Party as soon as possible of any circumstances that may lead to a significant delay in the execution of the request.

6. If the Requesting Party requests it, the Requested Party shall inform about the date and place of execution of the request so that the relevant officials of the Requesting Party can be present, if the Requested Party agrees to this.

7. The requested Party shall inform the Requesting Party of the results of the execution of the request for assistance.

Article 7

Restrictions on use

The Requesting Party may not use or transfer any information or evidence obtained in accordance with this Agreement for any purpose other than investigations or court proceedings specified in the request, without the prior consent of the Requested Party.

Article 8

Privacy protection

1. The requested Party, if requested to do so, must maintain the confidentiality of the request for legal assistance, its contents, relevant documents and any actions taken in accordance with the request. If the request cannot be executed confidentially, the Requested Party informs the Requesting Party about it, which then determines whether the request is subject to execution.

2. The Requesting Party, if requested, shall maintain the confidentiality of information and evidence provided by the Requested Party, except in cases where the information and evidence are necessary for investigations or proceedings described in the request.

Article 9

Delivery and delivery of documents and subpoenas

1. The Requested Party shall serve the documents submitted to it for this purpose by the Requesting Party.

2. After delivery, the requested Party shall send to the Requesting Party a confirmation of this with the signature of the official or the seal of the authority that carried out the delivery, indicating the date, time, place and method of delivery, as well as information about the person to whom the documents were delivered. If the delivery cannot be carried out, the Requested Party shall inform the Requesting Party about it as soon as possible and inform about the reasons for non-delivery.

3. The requesting Party shall transmit the request for the delivery of the summonses at least ninety (90) days before the date of the scheduled appearance. In urgent cases, the Parties may agree on a shorter deadline.

4. A person who fails to appear on a summons is not subject to punishment or coercive measures in accordance with the legislation of either Party, even if the summons contains a warning about possible punishment.

Article 10

Ensuring security

1. A person who agrees to provide evidence or assistance to the Requesting Party in accordance with Articles 12 or 13 of this Agreement may not be subject to criminal prosecution, detention, conviction, punishment or any other restriction of his personal freedom in the Requesting Party for acts, omissions or criminal records committed prior to his arrival and not specified in the request. also, the requesting Party may not require this person to provide evidence or assist in any investigation or judicial proceedings, except for those, which the request refers to.

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

a) does not leave the Requesting Party within fifteen (15) days from the moment when he was officially notified that his presence is no longer necessary. However, this period does not include the period during which the person did not leave the Requesting Party for reasons beyond his control.;

b) after leaving the Requesting Party, voluntarily returned back.

3. A person who has not consented to a request sent in accordance with Article 12 of this Agreement, or who has not accepted an invitation in accordance with Article 13 of this Agreement, may not be subject to any punishment for this reason, and no coercive measures may be applied against him, even if otherwise provided for in the request. or subpoenas.

Article 11

Locating or identifying persons and objects

1. The requested Party must take measures to establish the location or identity of any person who is allegedly under its jurisdiction, as indicated in the request.

2. Any Party has the right to request the other Party to establish the location, identify the items and provide relevant data, or apply any other measures that will allow the location to be determined and identification to be carried out.

Article 12

Assistance in the appearance of persons in custody to testify or provide assistance

1. A person in custody of the Requested Party, whose appearance is requested to the Requesting Party to provide evidence or assist in the investigation, may be temporarily transferred to the Requesting Party for this purpose, provided that the person and the Requested Party have agreed in writing and the Requesting Party guarantees the detention of the person and his subsequent return. To the Requested Party within the period specified by the Requested Party, which may not exceed six (6) months. The requesting Party has the right to request an extension of the specified period.

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 conducted in the Requested Party;

(d) There are other substantial grounds against the temporary transfer of the person to the Requesting Party.

3. The temporarily transferred person must be detained in the Requesting Party and during his transit.

4. If a third party wishes to temporarily transfer a person in custody to or from one of the Parties through the other Party, the Requested Party may authorize the transit of that person if that person is not a citizen or resident of the Requested Party or the transit does not contradict its legislation.

5. The requested Party shall inform the person in custody that he has the right to refuse to appear for the purposes of paragraph 1 of this article and of the immunities provided for in article 10 of this Agreement.

6. If a person is subject to release under the legislation or decision of the Requested Party, it shall notify the Requesting Party, which must release the person from custody.

7. The time of detention of the transferred person in the Requesting Party is counted towards the term of the punishment imposed in the Requested Party.

Article 13

Assistance in the appearance of other persons to testify or provide assistance

1. The Requesting Party may request assistance from the Requested Party in ensuring that a person can appear before the Requesting Party to testify or assist in investigations or court proceedings. This person must be informed of any payments and compensations due.

2. If the Requested Party is satisfied that the Requesting Party will take appropriate measures to ensure the safety of that person, it shall request that person to appear before the Requesting Party to testify or assist in investigations or judicial proceedings.

3. The requested Party shall inform the person that he has the right to refuse to appear for the purposes of paragraph 1 of this article and of the immunities provided for in Article 10 of this Agreement.

4. The Requested Party shall inform the Requesting Party of the person's response as soon as possible. If the person agrees, the Requested Party shall take the necessary measures to facilitate the appearance of this person to the Requesting Party.

Article 14

Search and seizure

1. The requested Party, in accordance with its legislation, shall carry out a search, seizure and transfer of 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 objects and documents, the Requested Party must verify their authenticity. If, in accordance with the legislation of the Requested Party, the implementation of the actions provided for in paragraph 1 of this Article requires a special decision of the competent authority, such decision must be submitted by the Requesting Party.

3. The seized materials may be transferred to the Requesting Party under the conditions determined by the Requested Party. In case of failure to obtain consent to these conditions, the Requested Party may refuse to transfer them.

4. The provisions of this Article shall not prejudice the rights and interests of the Requested Party and bona fide third parties.

Article 15

Tools and proceeds of crime

1. Upon request and in accordance with its legislation, the requested Party shall take measures to identify tools or proceeds of criminal activity within its jurisdiction and notify the Requesting Party of the results of its consideration.

2. The requested Party shall treat the instruments and proceeds of criminal activity specified in paragraph 1 of this Article at its disposal in accordance with its legislation.

3. The requested Party shall dispose of the confiscated instruments and proceeds of criminal activity specified in paragraph 1 of this Article in accordance with its legislation. The requested Party may, within the limits permitted by its legislation and under such conditions as it deems appropriate, transfer them to the Requesting Party.

4. The provisions of this Article shall not prejudice the rights and interests of the Parties and bona fide third parties.

Article 16

Obtaining evidence

1. The requested Party shall collect evidence, including statements and testimony of persons, or require them to provide evidence or other materials for submission to the Requesting Party in accordance with its legislation.

2. The provision of assistance specified in paragraph 1 of this article may not be refused solely on the basis of bank secrecy.

3. The Requested Party may, in accordance with its legislation, allow officials of the Requesting Party to be present during the execution of the request. The Requesting Party may, through the Requested Party, ask questions to the person from whom it is necessary to obtain testimony.

4. A person providing testimony or evidence to the Requested Party upon a request sent in accordance with this Article may refuse to give testimony or provide evidence if the legislation of the Requested Party allows it, and the person cannot be held liable for this.

5. When a person declares that he has the right to refuse to provide testimony or evidence in accordance with the legislation of the Requesting Party, the Requesting Party shall be informed of such statement, and testimony or evidence shall be obtained, unless the Requesting Party confirms the validity of such statement.

Article 17

Return of items and property

Any items and property transferred to the Requesting Party are returned as soon as possible, unless the Requested Party waives its right to receive them.

Article 18

Transmitting information

1. In accordance with its legislation, the Requested Party may provide copies of publicly available official documents or records.

2. The requested Party may provide any other official documents or records in its possession that are not publicly available, to the same extent and under the same conditions as such documents or records would be available to its own law enforcement and judicial authorities.

Article 19

Expenses and representation

1. The Requested Party may, at the request of the Requesting Party, take the necessary measures for legal representation and assistance in its jurisdiction in any proceedings arising in connection with the request for legal assistance. If the Requesting Party independently takes measures for legal representation and assistance, it shall bear all costs.

2. The requested Party shall bear the general expenses in connection with the execution of the request for legal assistance, with the exception of:

a) expenses related to the transportation of a person to or from the Requested Party, as well as any fees, fees or expenses payable to persons during their stay in the Requesting Party on the basis of a request sent in accordance with Articles 12 or 13 of this Agreement;

b) expenses related to the delivery of any items and property;

c) the costs of conducting expert examinations, except in cases where the Parties have agreed otherwise.;

(d) Attorney's fees incurred at the request of the Requesting Party;

e) Transfer costs.

3. Unforeseen expenses are covered by the Parties on agreed terms.

4. The Parties shall cover the costs associated with the implementation of this Agreement, to the extent permitted by their legislation. In the event that the costs exceed such limits, the Parties may resolve the issue through consultations.

Article 20

The validity of documents

Documents signed by an official and duly stamped by the central authority or competent authorities are considered certified and acceptable for all purposes of this Agreement and do not require further legalization, certification or authentication.

Article 21

Relationship with other international agreements

This Agreement does not affect the implementation by both Parties of any international agreements applicable to them.

Article 22

Dispute resolution

Any differences arising in connection with the application or interpretation of this Agreement shall be resolved through consultations and negotiations between the central authorities of the Parties. If the central authorities cannot reach an agreement, the differences should be resolved through diplomatic channels.

Article 23

Amendments

This Agreement may be amended by mutual written agreement of the Parties. Such amendments will be integral parts of this Agreement and will enter into force in accordance with paragraph 1 of Article 24 of this Agreement.

Article 24

Entry into force and termination

1. This Agreement is concluded for an indefinite period and shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the relevant legal procedures necessary for the entry into force of this Agreement.

2. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt by one of the Parties of the written notification by the other Party of the intention to terminate this Agreement.

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

4. This Agreement applies to any requests submitted after its entry into force, regardless of the date of the crime.

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

IT'S BEEN DONE _____________ 20 __ in two copies, each in Kazakh, Chinese and English, all texts being equally authentic.

In case of any disagreement in the interpretation of this Agreement, the Parties will refer to the English text.

For the Republic of Kazakhstan

For the Special Administrative Region of the People's Republic of Macau

President

Republic of Kazakhstan

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