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Home / RLA / On the ratification of the Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors

On the ratification of the Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the ratification of the Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors

The Law of the Republic of Kazakhstan dated November 6, 2008 No. 78-IV

     To ratify the Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors, signed in Astana on July 24, 2006.

     President       Of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of The Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors

     The Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan, hereinafter referred to as the Parties, being parties to the Memorandum of Understanding, Cooperation in the Field of Control over Illicit Production, Trafficking, Abuse of Narcotic Drugs, Psychotropic Substances and Precursors dated May 4, 1996, aware of the need to protect life and peoples' health, as well as the security and other fundamental interests of States from the serious consequences of illicit trafficking in narcotic drugs, psychotropic substances and their precursors and related crime (hereinafter - illicit drug trafficking), being deeply concerned about the growth of illicit drug trafficking and the aggravation of problems related to their abuse, guided by the generally recognized principles and norms of international law and the legislation of the Parties, based on mutual respect for the sovereignty, independence, territorial integrity of States and non-interference in each other's internal affairs, recognizing the importance of strengthening international cooperation in combating illicit drug trafficking drug trafficking and control of their precursors,       Based on the objectives of the Single Convention on Narcotic Drugs of 1961, the Protocol of 1972 on Amendments to the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971 and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, other relevant resolutions and documents of the United Nations, agreed on as follows:

1. General provisions

Article 1

     For the purposes of this Agreement, the following concepts mean: CARICC - the Central Asian Regional Information and Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors (hereinafter referred to as the Center); the sending State is the Party sending its representative to work at the Center; the receiving State is the Party on whose territory the Center is located; the competent authorities - the competent authorities of the Parties, whose functions include the implementation of counteraction to drug trafficking;       A competent international organization is an international organization whose functions include issues related to countering drug trafficking.;       The Council is the Council of National Coordinators of the Parties; the management of the Center is the director, deputy/deputy directors; the official is a representative of the competent authority sent by the Party to work at the Center and appointed to the appropriate staff position; the financial controller is an official of the Center who ensures control over all financial transactions of the Center;       employee - a full-time employee of the Center who provides administrative and technical support for the Center's activities; Center staff - officials and employees of the Center; authorized representative (liaison officer) - a representative of the competent authority of the Party, consisting of the staff of this competent authority and sent to the Center to carry out communication between the competent authorities of the Parties and the Center; family members - spouse (spouse), minor children and persons who are dependent on officials and authorized representatives and permanently reside with them;       representatives of the Parties - heads of delegations, their deputies, delegates, advisers, technical experts and secretaries of delegations sent by the Parties to meetings and events held by the Center; national coordinating body - the body appointed by the Party for coordination of interaction and exchange of information between the Center and national competent and other state bodies of the Parties; information with limited access - secret and confidential information;       classified information - information expressed in any form, protected in accordance with the legislation of the state of each of the Parties, transmitted (received) in the course of the implementation of this Agreement, as well as formed in the course of cooperation between the Parties, the unauthorized dissemination of which may harm the security or interests of the Parties; confidential information - information access to which is restricted in accordance with with the legislation of the Parties;       operational information - information of an operational and investigative nature in the field of combating drug trafficking; other information - information of a reference, analytical, statistical and other nature in the field of combating drug trafficking; information exchange - receipt and provision of information by the Parties, the Center and third parties; CARICC Central Database - CARICC centralized database; observer - a State or a competent international organization that is not a Party to this Agreement and has been granted observer status at the Center;       A third party is a State or a competent international organization that is not a Party to the Agreement and does not have observer status at the Center; Center premises are buildings or parts of buildings used for the purposes of the Center, regardless of the form and ownership of them, including the land plot serving these buildings or parts of buildings.

Article 2

     1. The Parties hereby establish the Central Asian Regional Information and Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors. The center is located in Almaty, Republic of Kazakhstan.       2. The conditions of the Center's location (in the city or state) are determined by a separate agreement between the Government of the host State and the Center.

Article 3

     1. The Center is a permanent regional information coordination interstate body for assistance in organizing, conducting and coordinating coordinated joint international operations to combat drug trafficking. The Center also provides collection, storage, protection, analysis and exchange of information on cross-border crime related to drug trafficking.       2. The Center's activities are guided by the provisions of this Agreement and the decisions of the Parties.       3. The tasks and functions of the Center are determined by the regulations on the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors, which is an integral part of this Agreement (hereinafter referred to as the regulations on CARICC).

Article 4

     The Center has the status of a legal entity and as such enjoys the rights and duties in accordance with this Agreement and the laws of the host State, without prejudice to the privileges and immunities of the Center.

Article 5

     1. The financing of the Center's activities is carried out at the expense of donor States, assistance from international organizations and contributions from the Parties.       2. The procedure for executing the Center's budget, budget reporting and financial audit is determined by the regulations on the CARICC.

2. Organization of information exchange and coordinated joint international operations

Article 6

1. Information exchange is carried out in compliance with information security requirements in accordance with the national legislation of the Parties between:       By the Parties through authorized representatives;       Parties and the Center; the Center and observers; the Center and third parties.       2. The Party independently determines the level of access to the information sent to the Center, as well as the procedure for its provision to other Parties, observers and third parties.       3. The party providing the information is responsible for its accuracy, classification in terms of the reliability of the source and the degree of reliability of the information.       4. The level of access to information is changed by the Party that provided it. The transfer of analytical, reference and statistical materials obtained as a result of the processing and analysis of available operational and other information is carried out with the consent of the Party whose information was used in their preparation. 5. As part of the information exchange, the Center carries out: collection, processing, systematization, storage and protection of received information; preparation of reference, analytical, statistical materials; provision of information on received requests.       6. A request for information, as well as the information itself, is sent through secure channels using technical or other means of communication. 7. Users of information obtained during the exchange of information or from the CARICC Database are responsible, in accordance with national legislation, for violating the protection, processing and use of this information.       8. The procedure for the creation and functioning of the centralized data bank of the Center is regulated by the regulations on the CARICC.       9. The procedure for the exchange of classified information, as well as its further protection and handling, is determined by a separate agreement.

Article 7

     1. Cooperation between the competent authorities of the Parties within the framework of the Center's activities in terms of assistance in organizing, conducting and coordinating coordinated joint international operations and operational search activities, including controlled deliveries, is carried out on the basis of requests from interested Parties for assistance.       2. A request for assistance shall be submitted in writing or electronically.       3. In urgent cases, an oral request may be accepted, which must be confirmed in writing or electronically within 3 days.       4. When using technical means of transmitting information, as well as when doubts arise about the authenticity or content of a genuine request, the requested Party may request confirmation from the requesting Party in writing or electronically.       5. The request for assistance contains:       name of the requesting Party; name of the requested Party;       a summary of the nature of the request and its justification; other information necessary for the execution of the request.       6. The requested Party shall take all necessary measures to ensure the prompt and fullest possible execution of the request. The request is executed within 30 days from the date of its receipt. In cases requiring urgent consideration, up to 10 days. Upon receipt of urgent requests, immediately.       7. The requested Party may allow representatives of the requesting Party to be present during the execution of the request on its territory, if this does not contradict its legislation.       8. If it is impossible or in case of refusal to execute the request, the requested Party shall immediately notify the requesting Party in writing and inform about the reasons preventing the execution of the request.       9. The execution of a request may be refused in whole or in part if the requested Party believes that its execution may harm the sovereignty, security, or other interests of the State or contradict its legislation.       10. If the requested Party considers that the immediate execution of the request may interfere with criminal prosecution or other proceedings carried out in its territory, it may postpone the execution of the request or bind its execution to the conditions determined as necessary, based on consultations with the requesting Party. If the requesting Party agrees to assist it on the proposed terms, it must comply with these terms.       11. The Parties shall ensure the protection and confidentiality of information, as well as the contents of documents and materials on countering drug trafficking that are exchanged between the Parties.       12. The requesting Party uses the information received only for the purposes specified in the request.       13. Information, including documents and materials, may not be shared with anyone without the prior written consent of the Party who provided this information.       14. If it is impossible to execute the request without maintaining its confidentiality, the requested Party shall inform the requesting Party about this, which shall decide on the execution of the request under these conditions.       15. The Parties shall independently bear the costs of executing the request on their territory.       16. The Parties shall bear all expenses related to the travel and accommodation of their representatives in the territory of the host Country, unless otherwise agreed in writing by the Parties.

3. Organization of the Center's activities

Article 8

     1. Each Party shall determine a national coordinating body and a list of competent authorities that interact with the Center, which it shall notify the depositary in writing within 30 days after completing the internal procedures necessary for the entry into force of this Agreement.       2. In case of changes in the list of competent authorities of one of the Parties, it shall notify the depositary in writing.       3. The Parties shall take all necessary measures to ensure conditions enabling national coordinating bodies to carry out their tasks, especially with regard to access to relevant information.

Article 9

     1. The Parties shall monitor the activities of the Center through the Council.       2. The Council from each State includes the head of the coordinating competent authority and the Director of the Center.       3. The Council determines the strategic directions of the Center's activities.       4. The functions of the Council include:       defining the main activities of the Center and providing assistance in resolving issues arising in connection with the conduct of multilateral anti-drug operations;       consideration and approval of candidates for appointment to the positions of heads of the Center and their submission to the heads of state for approval; approval of the structure and staffing of the Center; control over the activities of the Center; identification of resources necessary to achieve the goals and objectives facing the Center; formation, approval and control over budget execution; study of financial and audit reports on activities The Center; regular review of the information and database security status;       consideration of disputes between the Center and the competent authorities of the Parties; other functions arising from regulatory legal acts regulating the activities of the Center.       5. Meetings of the Council are held as necessary, but at least twice a year on the territory of one of the Parties by agreement.       6. A meeting of the Council shall, as a rule, be chaired by a representative of the State of the meeting.       7. Decisions at Council meetings are made by consensus. The decision is considered adopted if at least 3/4 of the Council members participated in the meeting.

Article 10

     1. The procedure for sending officials to work at the Center is determined by the legislation of the sending State.       2. The terms, conditions and procedures of the Center's staff, as well as the qualification requirements for the positions held and the nature of the duties performed, are determined by the regulations on the CARICC.       3. The financial support of the Center's staff is provided from the Center's budget.

Article 11

     1. Authorized representatives (liaison officers) are seconded to the Center on the recommendation of the competent authorities in whose personnel they are, and are subject to retention in the personnel of these departments.       2. The term of stay at the Center of authorized representatives is determined in accordance with the legislation of the sending State.       3. Authorized representatives are not included in the staff of the Center.       4. The tasks and functions of the authorized representatives are determined by the regulations on the CARICC.

Article 12

     1. A State or a competent international organization that is not a Party to this Agreement may be granted observer status in accordance with the established procedure.       2. The conditions for granting observer status, tasks and functions of observer representatives are determined by the regulations on the CARICC.

4. Privileges and immunities

Article 13

     1. The officials of the Center are international employees.       2. In the performance of their official duties, they should not seek or receive instructions from any Party and/or government, organization, or private individual.       3. Each Party undertakes to strictly respect the international character of the functions of the officials of the Center and not to influence them in the performance of their official duties.

Article 14

1. Officials of the Center in the territory of the Parties:       1) are not subject to criminal, civil and administrative liability for what they have said or written and for all actions committed by them as officials, with the exception of: facts of disclosure of information of limited access, if it has become the property of other persons; claims for damages in connection with a traffic accident caused by a vehicle belonging to To the Center or to the official or to those who managed it;       claims for damages in connection with death or bodily injury caused by an action on the part of an official; 2) are exempt from taxes on wages and other remuneration paid by the Center; 3) are exempt from government duties; 4) are exempt, together with their family members, from immigration restrictions and from registration as foreigners; 5) in the field of currency transactions, they enjoy the same privileges that are granted to diplomatic agents in the territory of the Parties.;       6) enjoy, together with their family members, the same repatriation benefits as diplomatic agents enjoy during international crises; 7) upon initial employment and departure from the host State due to termination of the contract, they have the right to import/export property, including a vehicle intended for for their personal use, in accordance with the regulatory legal acts of the host State, with the exception of those that are payment for specific types of services (services).       2. The provision of subparagraph 2) of paragraph 1 of this article applies to the employees of the Center.

Article 15

     1. Officials of the Center and their family members shall enjoy the privileges and immunities provided for in this Agreement from the moment they enter the territory of the receiving State on their way to their destination or, if they are already in that territory, from the moment when the officials began to perform their duties.       2. Upon termination of the functions of an official, his privileges and immunities, as well as the privileges and immunities of his family members who are not citizens of the receiving State, terminate at the time of the person's departure from the receiving State or after 30 days. The privileges and immunities of family members expire when they cease to be such, however, with the caveat that if such persons intend to leave the receiving State within 30 days, their privileges and immunities remain until the moment of their departure.       3. In the event of the death of an official, his family members continue to enjoy the privileges and immunities granted to them until they leave the host State or after 30 days.

Article 16

     Visas for officials of the Center are issued on an expedited basis and free of charge if there is a letter of invitation to take up a position or a business trip order.

Article 17

     1. Representatives of the Parties, in the performance of their official duties, as well as while traveling to and from the venue of events organized by the Center in the participating States, are granted the following privileges and immunities:       immunity from personal arrest or detention and from seizure of personal baggage, as well as exemption from criminal, civil and administrative liability for what they said or wrote, as well as for all actions committed by them as representatives; inviolability of all papers and documents;       the right to use a cipher, receive and send papers or correspondence by couriers and bags; the exclusion of themselves and their spouses from restrictions on immigration, registration of foreigners or state service in the country in which they temporarily stay or through which they pass by virtue of their official duties; the same benefits regarding the exchange of money or currencies that are provided to representatives of foreign governments who are on temporary business trips.;       the same immunities and facilities in respect of their personal baggage as are granted to diplomatic representatives; other privileges, immunities and facilities enjoyed by diplomatic representatives, with the exception of the right to claim exemption from customs duties on imported goods (not forming part of their personal baggage) or from excise duties or sales taxes. 2. In order to ensure freedom of speech and independence in the performance of their official duties, representatives of the Parties are exempt from criminal, civil and administrative liability in relation to what they have said or written, as well as in relation to all actions committed by them in the performance of their official duties, except in cases where they disclose information with limited access. This provision continues to apply even after the relevant persons cease to be representatives of the Parties.       3. In the case where the imposition of any form of taxes depends on the time of residence, the period during which the representatives of the Parties are in any Participating State to perform their duties is not counted towards the period of residence.       4. The provisions of paragraphs two, three and four of paragraph 17.1. of this Article shall not apply to the relationship between a representative and the authorities of the State of which he is a national or of which he is or has been a representative.

Article 18

     1. Authorized representatives and their family members shall enjoy privileges and immunities to the extent provided for a diplomatic agent in the receiving State.       2. The scope of privileges and immunities granted to representatives of observers is determined by an Agreement between the Government of the host State and the Center on the conditions of their stay.

Article 19

     1. In addition to the privileges and immunities provided for in this Agreement, officials of the Center, authorized representatives and representatives of observers, as well as members of their families living with them, may, at the discretion of the parties, be granted other privileges and immunities that are granted to diplomatic agents and members of their families in accordance with international law.       2. The privileges and immunities enjoyed by officials, plenipotentiaries, representatives of the Parties, and representatives of observers are granted to them not for personal gain, but for the effective, independent performance of their official functions in the interests of the Center.       3. Officials of the Center, authorized representatives are not entitled to engage in commercial or any other activity in the interests of personal gain or the benefit of others. 4. All persons enjoying privileges and immunities under this Agreement are obligated, without prejudice to their privileges and immunities, to respect the laws of the Parties and not to interfere in their internal affairs.

Article 20

     1. The staff of the Center and authorized representatives shall enjoy freedom of movement on the territory of the Parties to the extent necessary for the performance of their official functions, unless this contradicts the legislation of the Parties on zones where entry is prohibited or regulated for reasons of national security.       2. The staff of the Center and authorized representatives in the territory of the Parties shall use official identification cards, which are recognized by the authorities of the Parties as documents certifying the status of these persons. 3 Officials and authorized representatives, as well as their family members, retain all benefits, guarantees and compensations established by laws and other regulatory legal acts of the sending State, including conditions for monetary support, housing reservations, medical care, rank, seniority, and also, providing them with a position not lower than the position they held before being sent to the Center. 4. Pension provision for the staff of the Center and authorized representatives is carried out according to the legislation of the Parties.       5. The working hours of the Center's staff and authorized representatives, as well as the time spent in the territory of the state of residence of their spouses (who are not citizens of this state), are counted in their work experience in accordance with the legislation of the Parties.

Article 21

1. The property and assets of the Center shall enjoy immunity from any form of administrative or judicial interference by the Participating States.       2. The premises and vehicles of the Center, as well as its archives and documents, including official correspondence, regardless of their location, are not subject to search, requisition, confiscation or any other form of interference that impedes the Center's activities.       3. The premises and vehicles of the Center cannot serve as a refuge for persons who are being prosecuted under the laws of either Party or are subject to extradition to either Party or a third State.       4. The inviolability of the premises and vehicles of the Center does not give the right to use them for purposes incompatible with the tasks and functions of the Center or detrimental to the security of the Parties, the interests of their individuals and legal entities. 5. The Center has the right to use ciphers, courier and other types of communication that ensure the protection of information transmission. The Center has the right to receive and send correspondence by couriers or bags, who enjoy the same immunities and privileges as diplomatic couriers and bags.       6. The courier must be provided with an official document indicating his status and the number of places that make up official correspondence.       7. All places that make up official correspondence must have visible external signs indicating their nature, and may contain only official documents and items intended for official use.

Article 22

     1. The Center, its assets and other property are exempt from all direct taxes and fees, value-added tax (including in the form of refunds in accordance with the laws and regulations of the host State) levied on the territory of the host State, as well as from rent payments for the premises designated for the Center, with the exception of those that They are payments for specific types of services.       2. The Center is exempt from all direct taxes, fees, duties and other charges levied on the territory of the host State, including rent for the premises designated for the Center.       3. Property and items intended for official use by the Center are exempt in the territory of the Parties from customs duties, taxes and related fees and charges, with the exception of fees for transportation, storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority, as well as from payment for services. for customs clearance and similar services in the manner prescribed for international organizations.

5. Final provisions

Article 23

     1. The Center shall have a flag, an emblem and other symbols and may place them on the buildings and vehicles of the Center occupied by it.       2. The Parties recognize the official documents, seals, stamps and symbols of the Center.

Article 24

     The official and working language of the Center is Russian.

Article 25

     This Agreement does not limit the rights of the Parties to conclude other international agreements on issues that are the subject of this Agreement and do not contradict its goals and objectives. This Agreement also does not affect the rights and obligations of the Parties arising from other international agreements to which they are parties.

Article 26

     Issues arising from the interpretation or application of this Agreement shall be resolved through consultations and negotiations between the Parties concerned.

Article 27

     The depositary of this Agreement is the host State of the Center.       Certified copies of this Agreement shall be sent by the depositary to the other Parties within 15 days from the date of its signing.

Article 28

     1. This Agreement is subject to ratification and enters into force on the 30th day after the date of deposit of the fourth instrument of ratification with the depositary.       2. The text of this Agreement may be amended and supplemented with the consent of all Parties, which are formalized by protocols and enter into force upon receipt by the depositary of the fourth written notification on the completion by the Parties of internal procedures. 3. This Agreement is open for accession by other States. The decision on joining the Agreement is made by the Parties on the basis of consensus.       4. For the acceding State, this Agreement shall enter into force on the 30th day after the date of receipt by the depositary of the instrument of accession.       5. Any Party may withdraw from this Agreement by sending a written notification to the depositary no later than 3 months before the expected withdrawal date. The Depositary shall notify the other Parties of this intention within 15 days from the date of receipt of the written notification of withdrawal.       Committed in the city ______ "___" _______ 2006 year in one original copy in Russian.

     FOR THE REPUBLIC OF AZERBAIJAN

     FOR THE REPUBLIC OF KAZAKHSTAN

     FOR THE KYRGYZ REPUBLIC

Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of The Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors

     President       Of the Kyrgyz Republic Bakiev K.S.

     FOR THE REPUBLIC OF TAJIKISTAN

     FOR TURKMENISTAN

Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of The Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors

     President of Turkmenistan Berdimuhamedov G.M.

APPENDIX to the draft Agreement between       Republic of Azerbaijan, Republic of Kazakhstan, Kyrgyz Republic, Russian Federation, Republic of  Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and their Precursors      

REGULATIONS on the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors

     This Regulation defines the tasks and functions of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors (hereinafter referred to as the Center), the procedure for their implementation, appointment and recall of persons sent by the Parties to work at the Center.

1. Tasks and functions

     1. The objectives and functions of the Center are:       coordination at the regional level of the efforts of the participating States to combat drug trafficking; creation of mechanisms for interaction between the competent authorities of the participating States; assistance in strengthening cooperation between the competent authorities of the participating States in combating cross-border organized crime related to drug trafficking; assistance in organizing and conducting coordinated joint operations and operational search activities, including controlled deliveries;       collection, storage, analysis and organization of the exchange of operational search and reference information in the field of combating drug trafficking; assistance in the implementation of measures to unify information systems, including databases of competent authorities of the Parties; development of procedures for the systematic accumulation of information, the formation and replenishment of the data bank of the Center; introduction of standardized forms and exchange systems information; implementation of the latest operational information analysis programs; analysis of the drug situation and development of appropriate recommendations;       providing assistance to the competent authorities of the Parties, as well as other States whose territory is used for illicit drug production and transportation, in implementing anti-drug programs at their request; assisting in the harmonization of the regulatory framework of the participating States in the field of drug trafficking control; holding conferences, trainings, seminars on improving methods of combating illicit trafficking drugs and strengthening international cooperation in this area.

2. Staff

2. The Center is headed by a Director who is appointed and dismissed by the Heads of the Participating States upon the recommendation of the Council.       3. For the first two years of the Center's activity, a representative of the host State of the Center is appointed to the position of Director. Subsequently, representatives of the participating States are appointed to the post of Director for a period of two years on a rotating basis in the order of the Russian alphabet of the names of the States.       4. The Director may be dismissed from his post prematurely at his own request or on the reasoned recommendation of one of the Participating States.       5. The same procedure for confirmation and dismissal (except for paragraph 17) applies to the deputy/deputy directors, while the director and deputy / deputy directors may not be citizens of the same State.       6. Director of the Center: carries out the overall management of the Center and is personally responsible for the fulfillment of the tasks assigned to the Center;       submits to the Council for approval the structure and staffing of the Center; determines the functions, rights and duties of the deputy / deputy director, other officials, as well as employees of the Center and monitors their implementation, applies incentive measures and disciplinary penalties to them; issues orders, including the appointment and dismissal of employees of the Center; represents the Center in relations with state authorities and administrations of the Parties and other states, as well as with international organizations.;       He is the administrator of the Center's budget and reports annually to the Council for the reasonableness of expenses.       7. The Director has the right, on behalf of the Center, to conclude contracts, acquire and/or lease movable and immovable property necessary for the Center's activities, dispose of it, open and manage bank accounts, be a plaintiff or defendant in court, and explore the possibility of attracting financial and other resources from donor States, international financial institutions and international organizations.       8. The Center's employees are employed under a contract on a competitive basis.       9. Officials of the Center may not:       engage in commercial or other activities for personal gain or the benefit of others (other than scientific, creative, and teaching); engage in activities incompatible with the status of international employees, in particular, use their official position in the interests of political parties and associations;       to receive remuneration from individuals and legal entities, as well as public organizations (gifts, money, loans, entertainment, recreation, and other remuneration) related to non-performance and/or improper performance of their official duties; to be a deputy of a legislative (representative) body of state power, local government; to use financial resources for non-official purposes-technical, financial and information support, as well as other property of the Center.       10. The staff of the Center and authorized representatives should not allow actions or public statements, written or oral, that may harm the Center.       11. The financial support of the Center's staff is provided from the Center's budget.       12. The staff of the Center is provided with annual paid leave, the duration of which is determined at the rate of two and a half days for each month of work at the Center. 13. Upon conclusion and termination of an official's contract, all organizational and financial issues are resolved by the Center.       14. The grounds for termination of the contract with an official are:       expiration of the contract; the initiative of the official himself; liquidation, reorganization of the Center or reduction of its staff; non-fulfillment or improper fulfillment by an official of his duties; recall of an official by the sending state; inability to fulfill his duties due to circumstances beyond the control of the will of the parties.       15. The staff of the Center is issued certificates of the established pattern.

3. The procedure for the selection, referral and recall of personnel

     16. Officials are employed under a contract on a competitive basis for a period of two years on the proposal of the Parties. The contract may be extended by the Director in agreement with the sending State.       17. Candidates for vacant positions in the Center are selected from among representatives of the competent authorities of the Parties and in accordance with the applicable national legislation of the Parties. The selection of candidates is based on the principle of equal representation for the Parties. Candidates are subject to verification by the competent authorities of the sending State and must have the necessary access to work with classified documents and materials.       18. Candidates must meet the following basic requirements:       have the nationality of one of the Parties; have professional training (qualifications) that meet the requirements for persons appointed to a specific position; have practical experience working in the competent authorities of the Parties; be fluent in the official language;       have skills in working with modern technical means of organizing work, primarily computer systems, as well as communication systems; have higher education.       19. Candidates must meet the following qualification requirements:       1) the Director of the Center must have at least 15 years of professional experience in the central office of the competent authority of the sending state, including at least 10 years in a senior position related to issues within the competence of the Center.;       2) deputy Director - have at least 12 years of professional experience in the central office of the competent authority of the sending State, including at least 8 years in a senior position related to issues within the competence of the Center; 3) adviser - have at least 10 years of professional experience in the central office of the competent authority of the sending state. 4) senior specialist - have at least 8 years of professional experience in the central office of the competent authority of the sending State;       5) specialist - to have at least 5 years of professional experience in the central office of the competent authority of the sending State.       20. Candidates for the positions of technical staff of the Center must meet the following qualification requirements:       1) staff performing translation functions must have a university degree, at least 3 years of continuous translation experience, and be fluent in Russian and English, as well as, if possible, the official language of the host State;       2) personnel performing accounting functions:       have a higher economic education, at least 5 years of continuous work experience as a chief accountant in government agencies and international organizations; be able to use and improve computer information processing bases for accounting purposes; speak Russian and English, have knowledge of/experience in cooperation with international organizations; 3) personnel performing economic functions:       have a higher or specialized engineering and technical education;       have at least 3 years of professional experience; have experience in the operation and repair of public utility systems and be able to handle various types of office equipment; have a valid driver's license and driving skills; 4) staff responsible for the work of the office and archive: have a higher or secondary specialized education; know office management, including the number is secret. Have at least 5 years of experience working with documents and archives; have computer system skills; speak Russian and, if possible, English;       5) staff performing the functions of a secretary-typist:       have at least 5 years of work experience; have skills working with computer systems and office automation tools; speak Russian and, if possible, English.

4. Authorized Representative

21. Authorized representatives are seconded to the Center on the recommendation of the competent authorities of the Parties in whose staff they are. The term and procedure of the authorized representative's work are determined in accordance with the legislation of the sending State.       22. The authorized representative sent to the Center must meet the following requirements::       have at least 10 years of professional experience in the operational units of the competent authorities; have experience in senior positions in the central office of the competent authority;       have analytical skills; have skills in working with modern technical means of organizing work, including computer systems; speak the official language of the Center; have access to work with confidential information.       23. In his activity at the Center, the authorized representative is obliged to:       represent the interests of the competent authorities of the sending State; ensure the exchange of information between the Center and the competent authorities of the sending State;       interact with authorized representatives of other Participating States; evaluate information received at the Center and from authorized representatives and transmit it to the competent authorities of the sending State; participate in the analysis of information received from the sending State at the request of the Center or authorized representatives of other Participating States; advise the Center and authorized representatives of other participating States on provisions of national legislation;       to promote the development of cooperation and interaction between the competent authorities of the participating States, national competent authorities and the Center; to facilitate the organization and conduct of coordinated joint international operations, operational search activities, including controlled deliveries; to inform the Center and authorized representatives of the participating States about the development of the drug situation in the sending participating State; to develop proposals for the harmonization of legislation of the participating States.participants; to participate in the replenishment of the CARICC database.       24. The Center provides support to the authorized representative in the performance of his duties, including:       considers the requests of the authorized representative in a timely manner and provides other necessary assistance; ensures the effective operation of the authorized representative, including the provision of equipped premises; timely resolves issues arising during the activities of the authorized representative.       25. Authorized Representative:       coordinates his work with the supervising Deputy Director of the Center; complies with the internal rules of the Center;       makes efforts to achieve the goals and objectives facing the Center; provides monthly information to the Center's management about its activities.       26. In case of non-fulfillment or improper fulfillment by the authorized representative of the duties assigned to him, the director has the right to send a submission on his early withdrawal to the competent authority of the sending state.       27. To the extent appropriate to the level of access and the tasks performed, the authorized representative has the right to use the CARICC database.       28. Annual and other vacations are provided to the authorized representative by the national competent authority of the sending State on the basis of his report in coordination with the management of the Center.       29. The authorized representative adheres to national legislation regarding national dates and submits to the Center a list of national dates certified by the competent authority of his State.

5. The Observer

     30. Observer status at the Center may be granted to a third party. The decision on granting and suspending or canceling observer status is made by the Council.       31. The procedure for granting observer status at CARICC involves:       a written reasoned appeal from a State or a competent international organization to the Director of CARICC; submission by the Director of CARICC of this appeal for consideration by the Council; consideration of the appeal by the Council and a decision on granting observer status based on consensus.       32. The State and the international organization, which have observer status at CARICC, communicate with the Center through their representatives in the Center. 33. A representative of an observer State sent to the Center must meet the following criteria::       to serve in the national competent authorities; to have: professional work experience of at least 10 years in operational units; experience in senior positions in the central office of the competent authority; analytical skills;       skills in working with modern technical means of organizing work, including computer systems; access to work with confidential information.       34. In his activity, a representative of the observer State:       ensures the exchange of information of mutual interest between the Center and the competent authorities of the sending State, an international organization; interacts with authorized representatives of the participating States.       In addition, the representative of the Observer State:       represents the interests of the competent authorities of the sending State; advises the Center and authorized representatives of the participating States on the provisions of national legislation; facilitates, if necessary, the organization and conduct of coordinated joint international operations, operational search activities, including controlled deliveries; informs the Center about the development of the drug situation in the sending State.       35. A representative of an observer State has the right to:       to attend, without the right to vote, official open meetings of the heads of the competent authorities of the participating States on countering illicit drug trafficking, giving them the opportunity to speak on the topic under discussion; to submit their proposals to the CARICC Director for their subsequent transmission to the competent authorities of the participating States; to send and receive requests within the competence of the Center.       36. The conditions of stay of a representative of the observer State in the receiving State are regulated by an Agreement between the Government of the receiving State and the Center on the conditions of Stay.

6. Centralized CARICC Data Bank (CARICC Database)

37. The CARICC database is an automated information system that includes databases, technical and software tools, communication equipment, peripherals and other devices designed for automated data collection, storage, processing and protection.       38. The main objectives of the creation of the CARICC Central Bank are:       collection and storage of information resources of the competent authorities of the participating States in the field of countering illicit drug trafficking; analysis of various information related to this issue;       improving regional coordination of law enforcement activities in the field of information resource exchange.       39. The CARICC Database accumulates information related to drug trafficking and related crime for joint use by the competent authorities of the participating States and CARICC.       40. The CARICC database is formed on the basis of information resources from the competent authorities of the participating States, taking into account the provisions of the national legislation of the participating States on the exchange and protection of information, as well as other sources of information.       41. The functioning of the CARICC database is carried out using standardized technical and software tools that have passed appropriate verification and certification, as well as unified information resources based on the use of common formats and classifiers of credentials, standard protocols and regulations for the exchange of information in accordance with the procedure determined by CARICC, taking into account the provisions of the national legislation of the participating States.       42. CARICC is responsible for the functioning of the CARICC Database, which, together with the participating States, ensures the uninterrupted operation of the CARICC Database software and hardware complex, automated collection, processing, systematization and storage of information in compliance with the requirements for working with information with limited access.       43. The owner of the information resources accumulated in the CARICC Database is the State Party that provided them. CARICC ensures the use of the information contained in the CARICC Database by all Participating States on the basis of their requests and in agreement with the owner of the information. If it is necessary to provide information from the CARICC Database to non-CARICC States or competent international organizations, the issue of access to information is resolved in consultation with the participating State that provided the information to the CARICC Database.       44. The information in the CARICC Database contains information about the facts of drug seizures that contributed to this circumstance.; individuals and legal entities related to drug trafficking; information on relevant regulatory legal acts of the participating States; reference, analytical and statistical materials related to this area. The CARICC Database may also include other information provided by the participating States related to drug trafficking issues. The recommended list of data contained in the information provided is given in the appendix to this regulation.       45. The Participating States undertake to ensure the completeness and accuracy of the information provided in accordance with the CARICC Database list.       46. Each information message is stored in the CARICC Database together with information about the participating State and the competent authority that sent it, as well as the procedure for accessing the information contained therein.       47. Users of the CARICC Database are CARICC and the competent authorities of the participating States.       48. The exchange of information within the CARICC Database is carried out taking into account information security, including the use of secure communication channels, identification and authenticity of information sources; ensuring user authorization management and preventing unauthorized access, as well as maintaining an appropriate information usage log.       49. Users of the CARICC Database receive information to the extent provided for the appropriate level of access, which is established by CARICC in agreement with the participating States, taking into account the levels of information protection.       50. The competent authority that provided the information to the CARICC Database determines and is responsible for selecting the appropriate level of access to it. When choosing the level of access to information, the competent authorities take into account the classification of information in accordance with their national legislation.       51. CARICC notifies the competent authorities of the participating States of the information that concerns them, as well as of the links found between crimes and offenses.       52. Users of information received during the exchange of information or from the CARICC Database are responsible for violating the protection, processing and use of this information in accordance with their national legislation.       53. CARICC, together with the participating States: studies existing and develops unified formats for the provision and transmission of data, determines the procedure for their use in the CARICC database, as well as their processing and provision to interested users; ensures the preparation of a system technical specification for the development of the CARICC database, which defines the procedure for the joint operation of variously organized automated information systems of the competent authorities of the participating States;       Approves the composition and requirements for the hardware platform for maintaining the CARICC database as part of the head computing complex and the system of computing complexes and subscriber points of the participating states, which provides remote access to the CARICC Database information resources; determines the timing and procedure for providing and receiving information; determines the forms of accounting documents, samples of reporting forms and the procedure for filling them out.       54. The Participating States shall ensure: the allocation of secure communication channels allowing for the interaction of the head computing complex with computing complexes and subscriber points of the Participating States; creation of hardware and software complexes and application software products for the interaction of the CARICC database with automated information systems of the participating states, ensuring the reduction of variously organized data to uniform formats for storing and exchanging information, the procedure for collecting, storing, processing data and presenting it to interested users.       55. In the event of a State party withdrawing from the Agreement on the Establishment of CARICC, the right to further use the information provided by that State is decided in consultation with it.       56. In case of reorganization or termination of the CARICC's activities, the issue of further use of the information contained in the CARICC database is resolved by the participating States through negotiations.

7. National Coordinating Body

     57. National Coordinating Body:       provides operational and other information to the Center; provides information to the CARICC Central Bank; responds to the Center's requests for information; requests the Center for expert assessment of operational and other information; requests the Center for operational and other information from the CARICC Central Bank or requests it from other participating States; transmits to the Center and receives from the Center requests for joint operations, operational search activities, including controlled deliveries;       provides explanations on national legislation.

8. Budget, audit and financial management

58. Control over all obligations and payment of expenses, as well as collection of income, is carried out by the financial controller and auditors. Certain items of income and expenses may be subject to follow-up monitoring.       59. Every three months, the Director of the Center submits a financial report to the Council, as well as to international organizations and donor States that finance the Center.       60. The fiscal year runs from January 1 to December 31.       61. Accounts for all receipts and expenditures entered into the budget, as well as the balance sheet, are subject to annual audit. For this purpose, the Director submits an annual report to the Board no later than March 31 of the following year.       62. The Director of the Center provides the auditors with all the information and provides all the assistance they may need to accomplish their task. 63. The decision to authorize the execution of the budget for the relevant financial year may be changed by the Council based on the official opinion of the auditors on the annual financial report.       64. The Financial Controller is hired on a competitive basis. The Financial Controller is appointed and dismissed by the Council. In carrying out his duties, the Financial Controller is accountable only to the Council.       65. The functions of the financial controller and accountant of the Center cannot be performed by the same person.       66. The functions of the financial controller include the control of: obligations for all expenses of the Center; implementation of all expenses of the Center; all receipts of the Center.       The Financial Controller carries out subsequent monitoring of certain items of income and expenses.       67. If there are sufficient grounds, the financial controller may not approve the execution of financial transactions. In this case, he informs the management of the Center and the accountant, indicating the reasons and validity of his decision.       In this case, the director considers the refusal of the financial controller, agrees or disagrees with the arguments of the financial controller and approves the execution of this financial transaction.       Each such case is immediately brought to the attention of the Board and the auditors.       68. Reports on each audit are submitted to the Director, the Council, as well as to international organizations and donor States that finance the Center. The Director informs the Council, as well as international organizations and donor States that finance the Center, about the measures taken based on the results of each report.       69. Every year, the Financial Controller submits to the Council a report on internal financial control activities. The report is also submitted to international organizations and donor States that finance the Center.       70. The right of the second signature in the financial documents belongs to the accountant of the Center.

ANNEX to the Regulation on the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors          

THE LIST of recommended data in the information sent to the Central Bank CARICC

     It is recommended that the information provided to the CARICC Database reflect the following categories of information, including related administrative data.       1. Data on the identity of an individual involved in drug trafficking:       1) registration documents: real and previous last name; real and previous first name; patronymic; maiden name; gender; date of birth; place of birth; nationality; citizenship; marital status; nickname; diminutive name;       current and former place of stay/place of residence; 2) physical characteristics:       description of physical qualities; state of health; identifying features (marks / scars / tattoos, etc.), visual description, photographs and other information about appearance; forensic medical information (fingerprints, DNA assessment results, features of voice and speech, blood type, data from the dentist); state of health; 3) identification personality means:       identification documents; passport/national identification card numbers;       national identification numbers (if any); 4) place of work and skills: education; specialty; place of work and occupation in the past; place of work and occupation at present; skills and other fields of knowledge (language, etc.); 5) economic and financial information:       financial data (bank accounts and codes, credit cards, etc.); availability of shares (indicating the business entity), other assets; ownership data; connections with business entities; banking and credit contracts;       tax status; other information revealing how this person manages his financial affairs; 6) behavioral data: daily life; movements; frequently visited places; possible presence of weapons and other dangerous items; degree of danger; special risks, for example, the possibility of disappearance, the use of double agents, connections with law enforcement officers; characteristic criminal-related traits, biographical information; weaknesses; drug abuse;       7) communications of operational interest:       contacts and partners, including the type and nature of contacts or communication; last name of the father, mother and other close relatives; 8) means of communication used:       telephone (landline-home, office; mobile satellite), possible use of a radio station, fax, e-mail, postal addresses to which it receives (sends) correspondence, Internet connection;       9) used vehicles:       cars, water, air, rail transport, including information identifying these vehicles (registration numbers); 10) information about the criminal activity of a person within the competence of CARICC; 11) information about the announcement of this person in the local, national, international wanted list (indicating the initiator of the search); 12) previous convictions; 13) information about possible participation in criminal activities; 14) information about possible ways to participate in criminal activities;       15) funds that have been or may be used to prepare and/or commit crimes; 16) membership in criminal groups/organizations and their position; 17) geographical area of criminal activity; 18) information about crimes or offenses within the competence of CARICC, including when and where they were what methods and means were used; 19) links to databases of other organizations where information about this person is stored. 2. Information about suspected members of criminal gangs, organizations, or communities, and acts committed within the competence of the CARICC.       3. Information about the possible links of criminal groups, organizations or communities whose activities fall within the competence of CARICC, including in law enforcement agencies and government structures of the participating States.       4. Information about legal entities in respect of which there is information about their possible links to drug trafficking:       name of the legal entity; location; date and place of registration;       administrative registration number; organizational and legal form of education; availability of financial resources in banks, including foreign ones; field of activity; subsidiaries; founders (legal entities and individuals); senior staff (directors, chairmen of the management boards, accountants); relations with banks.       5. Documentary materials containing information on the facts of the seizure of a significant amount (according to the classification of UNODC) of drugs, indicating: the date of seizure; the State party;       the names of the locality in which the seizure was made; the names of the seized drugs; the quantity of seized drugs; the place of concealment and seizure; the method of transportation and possible route of drug trafficking; the number of identified drug traffickers, their nationality, gender, age.       6. Analytical, reference, statistical materials and information containing information on the development of the drug situation, as well as on the results of the fight against drug trafficking in the participating States.       7. Regulatory legal acts of the national legislation of the participating States related to the competence of the CARICC.       8. Regulatory legal acts of the competent authorities of the participating States concerning their interstate activities.       9. Information from drug collections with characteristics and data on package labeling, methods of concealment and transportation.

     I hereby certify that this text is a true copy of the Agreement between the Republic of Azerbaijan, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on the establishment of the Central Asian Regional Information Coordination Center for Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Their Precursors, signed on behalf of the Republic of Azerbaijan, the Republic of Kazakhstan, The Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan.

     Advisor to the International Legal Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan D. Suleimenov

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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