On the ratification of the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on Mutual Legal Assistance in Criminal Matters

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The Law of the Republic of Kazakhstan dated March 5, 2019 No. 231-VI SAM.

To ratify the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on Mutual Legal Assistance in Criminal Matters, signed in Astana on November 1, 2017.

President Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on Mutual Legal Assistance in Criminal Matters

The Republic of Kazakhstan and the Hashemite Kingdom of Jordan, hereinafter referred to as the "Parties",

Desiring to promote effective cooperation between the two States in the field of combating crime based on respect for sovereignty, equality and mutual interest,

Recognizing the need to promote extensive mutual assistance measures in criminal matters,

have agreed on the following:

ARTICLE 1 SCOPE OF ASSISTANCE

1. In accordance with this Agreement, the Parties shall assist each other in conducting investigations, criminal prosecution and judicial proceedings in criminal cases.

2. Such legal assistance includes any of the following:

(a) Determining the location and identification of the person;

(b) The service of documents and materials related to the criminal proceedings;

(c) Obtaining the consent of witnesses, victims and experts to appear voluntarily before the competent authority of the Requesting Party;

d) receipt and provision of documents, materials and items of evidentiary value;

(e) Conducting interrogations and receiving statements from witnesses, victims and experts;

(f) The temporary transfer of detainees in order to obtain their testimony or to assist the Requesting Party in the investigation after obtaining their consent;

g) conducting forensic examinations, examining documents or objects;

(h) Conducting searches, seizing evidence, and seizing assets;

(i) Exchange of information on national legislation;

(j) Obtaining any other legal assistance other than that provided for in paragraph 3 of this Article, which is not contrary to the national legislation of the Requested Party.

3. This Agreement does not apply to:

a) execution of arrest warrants and other measures restricting a person's personal freedom;

b) Extradition of persons;

(d) The transfer of convicted persons for the purpose of serving their sentences; and

(e) Transfer of criminal proceedings.

ARTICLE 2 DUAL JURISDICTION

The provision of legal assistance does not require mutual recognition of the relevant act as a crime between both Parties, except in cases where the request for legal assistance relates to searches, seizure, seizure of assets and other activities affecting the fundamental rights of a person.

ARTICLE 3 REFUSAL OR POSTPONEMENT OF LEGAL ASSISTANCE

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

a) the execution of the request is contrary to its national legislation or the provisions of this Agreement;

(b) The offence for which the request is made is punishable in the Requesting Party by a type of punishment prohibited by the national legislation of the Requested Party.;

(c) There are substantial grounds to believe that the request is aimed at criminalizing, punishing, or facilitating other types of actions against a person on the grounds of his race, sex, religion, nationality, or political beliefs, or with the intention of subjecting that person to any form of discrimination, or that the position of that person may be harmed on any of these grounds. The reasons;

(d) Criminal proceedings have been initiated in the Requested Party or a final court decision has been rendered against the same person for the offence specified in the request.;

e) the execution of the request may prejudice the sovereignty, security, public order or other essential interests of the Requested Party, or may lead to conflicts with the fundamental principles of its national legislation.

2. The requested Party may delay the execution of the request if its execution serves as an obstacle to the criminal proceedings being conducted in its territory.

3. Before refusing to provide assistance, the Parties should consult on whether assistance can be provided if certain conditions are met. If the Requesting Party accepts assistance on these terms, it must comply with them.

4. When the Requested Party refuses or delays the provision of legal assistance, it shall notify the Requesting Party in writing of the reasons for such refusal or postponement.

ARTICLE 4 CENTRAL AUTHORITY

1. The central body for the Republic of Kazakhstan is the Prosecutor General's Office. The central authority for the Hashemite Kingdom of Jordan is the Ministry of Justice. In the event of a change in the names of their central bodies or the transfer of their functions to other State bodies, the Parties shall notify each other through diplomatic channels.

2. For the purposes of this Agreement, the central authorities designated by the Parties shall interact with each other directly or through diplomatic channels.

ARTICLE 5 FORM AND CONTENT OF REQUESTS

1. The request shall be drawn up in writing, signed by an authorized official and stamped by the competent authority of the Requesting Party.

2. The request must include the following:

(a) The name of the competent authority conducting the investigation, prosecution and judicial proceedings;

b) a description of the facts of the crime, indicating the time and place of its commission;

(c) The applicable provisions of national legislation, including provisions on the statute of limitations for criminal liability and an extract from criminal legislation providing for liability for the offence for which legal assistance is sought;

(d) A description of the assistance requested;

e) the time period during which the request is expected to be executed;

f) information about the persons whose presence is required in the execution of the request in accordance with paragraph 3 of Article 6 of this Agreement;

(g) Information on payments and compensation for expenses to which a person is entitled who has been summoned to appear in the territory of the Requesting Party for the purpose of obtaining evidence in accordance with article 10 of this Agreement;

(h) The information necessary to obtain testimony by videoconference, as provided for in paragraph 5 of Article 12 of this Agreement.

3. The request, if necessary, also includes the following:

a) information about the persons under investigation;

(b) Information about the person who is to be identified or whose location is to be discovered;

(c) Information on the identity and place of residence of the person to whom the transfer is to be made, as well as the manner in which it is to be made;

d) information about the identity and place of residence of the person who is to give evidence or make a statement;

(e) The location and description of the place or object to be examined;

(f) The location and description of the place to be searched and the items to be seized or arrested;

(g) Any special procedure required for the execution of the request and the relevant reasons for doing so;

h) the degree of confidentiality to be respected and the appropriate justification for this;

i) any other information that may facilitate the execution of the request.

4. The request shall be accompanied by duly certified decisions on the conduct of procedural actions or operational search measures, authorized, if necessary, in accordance with the procedure established by the national legislation of the Requesting Party.

5. If the Requested Party considers that the information contained in the request is insufficient for its execution, it has the right to request additional information.

6. The request and supporting documents submitted in accordance with this Article shall be drawn up in the language of the Requesting Party and accompanied by a translation into the official language of the Requested Party.

7. The sent request can be transmitted via electronic means of communication. In such cases, the original request must be received within the next thirty (30) days.

ARTICLE 6 EXECUTION OF THE REQUEST

1. A request for assistance shall be executed in accordance with the national legislation of the Requested Party and this Agreement.

2. Upon request, the Requested Party, if it does not contradict its national legislation, executes the request in accordance with the procedure established by the Requesting Party.

3. The requested Party has the right to allow, in accordance with its national legislation, the officials indicated in the request to be present during its execution. For this purpose, the Requested Party shall inform the Requesting Party of the date, time and place of execution of the request.

4. The requested Party shall inform the Requesting Party of the results of the execution of the request.

5. The Requested Party shall immediately inform the Requesting Party of the circumstances that may lead to a significant delay in the execution of the request, as soon as they become known to the Requested Party.

6. If the Requested Party is unable to provide assistance in whole or in part, it shall immediately inform the Requesting Party.

7. If the person in respect of whom the request is to be executed, prior to its execution, invokes immunity, privileges or incapacity in accordance with the national legislation of the Requesting Party, this shall be notified to the Requesting Party for its appropriate decision.

ARTICLE 7 SEARCH FOR PERSONS

In accordance with its national legislation, the Requested Party shall take all possible measures to locate the persons indicated in the request and believed to be on its territory, and shall inform the Requesting Party of the results.

ARTICLE 8 SERVICE OF DOCUMENTS

1. The Requested Party shall serve the documents sent to it by the Requesting Party for these purposes.

2. After delivery, the requested Party shall send to the Requesting Party a confirmation of delivery with the signature of the official or 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 no delivery has been made, the Requested Party shall notify the Requesting Party and inform it of the reasons for non-delivery.

3. A request for the delivery of a document providing for the appearance of a person must be made to the Requested Party at least sixty (60) days before the date of such appearance. In urgent cases, the Requested Party may waive this requirement.

4. The summons to the competent authority of the Requesting Party and the documents sent should not contain any threat of coercive measures in case of non-appearance.

ARTICLE 9 OBTAINING EVIDENCE FROM THE REQUESTED PARTY

1. The requested Party, in accordance with its national legislation, shall obtain evidence from witnesses, victims, persons under investigation, arrest, experts or other persons, as well as receive materials, documents and any other evidence specified in the request and transmit them to the Requesting Party.

2. The requested Party shall notify the Requesting Party of the date, place and time of the events in order to obtain evidence from the persons referred to in paragraph 1 of this Article. For the purposes provided for in paragraph 3 of Article 6 of this Agreement, if necessary, the central authorities of the Parties shall consult with each other to establish a date suitable for both Parties.

3. A person called to present evidence has the right to refuse to present such evidence if the national legislation of the Requested Party or the Requesting Party allows this. To this end, the Requesting Party mentions this in the request.

4. The Requested Party shall permit the presence of a lawyer for the person called to testify or provide evidence whenever this is provided for by the national legislation of the Requesting Party and does not contradict the national legislation of the Requested Party.

ARTICLE 10 OBTAINING TESTIMONY FROM THE REQUESTING PARTY

1. At the request of the Requesting Party, the Requested Party shall summon a person to appear before the competent authority of the Requesting Party for questioning as a witness, victim, or to be heard as an expert or to assist in other proceedings. The requested Party shall notify the Requesting Party of the possibility of the said person's appearance.

2. The Requesting Party shall transmit to the Requested Party a request for delivery of a notice of summons to appear before the competent authority located in the territory of the Requesting Party no later than sixty (60) days before the day set for appearance, except in urgent cases when the Requested Party has agreed on a shorter period.

3. The Requesting Party shall indicate in the request the amount of payments and compensation for expenses to which the person summoned to appear on the territory of the Requesting Party to testify is entitled.

ARTICLE 11 GUARANTEES AND SPECIAL RULES

1. When a person is located in the territory of the Requesting Party in accordance with a request sent in accordance with Article 10 of this Agreement:

(a) This person may not be detained, prosecuted, punished or subjected to any other restriction of personal freedom in the territory of the Requesting Party or subjected to any proceedings in the territory of the Requesting Party for an act committed prior to entry into the territory of the Requesting Party;

(b) This person is not required, without his consent, to give evidence during any judicial proceedings or to assist any investigation other than the proceedings or the investigation to which the request relates.

2. Paragraph 1 of this Article shall cease to apply if this person:

a) does not leave the territory of the Requesting Party within fifteen (15) days from the moment when this person was officially notified that the presence of this person is no longer required. This period does not apply if the person has not left the territory of the Requesting Party for reasons beyond his control.;

b) after leaving the territory of the Requesting Party, he voluntarily returns back.

3. A person shall not be subject to any punishment or mandatory restriction of personal freedom for refusing to provide evidence or assistance in conducting an investigation in accordance with Articles 9 or 10 of this Agreement, and shall not be forcibly escorted to the competent authority of the Requesting Party as a result of his failure to appear or refusal. In such cases, upon request, other measures provided for by the national legislation of the Requested Party may be applied.

ARTICLE 12 CONDUCTING EVENTS BY VIDEOCONFERENCE

1. If a person located in the territory of the Requested Party is to be questioned as a witness, victim or expert by the competent authorities of the Requesting Party, the latter may request that the interrogation take place via videoconference in accordance with the provisions of the national legislation of both Parties and this article, if the voluntary appearance of the person on its territory is unsuitable or impossible.

2. The requested Party shall authorize the conduct of procedural actions by videoconference, provided that this Party has the technical means to carry it out.

3. The competent authority of the Requested Party shall summon a person to appear in accordance with its national legislation.

4. Regarding the conduct of procedural actions via videoconference, the following provisions apply:

a) the competent authorities of both Parties are present during the taking of the testimony and, if necessary, assist in the translation. The competent authority of the Requested Party shall establish the identity of the person who has appeared and make sure that this event is conducted in accordance with its national legislation. If the competent authority of the Requested Party finds that the fundamental principles of its national legislation are not being respected during the course of receiving testimony, it will immediately take the necessary measures to carry out the event in accordance with these principles.;

b) the competent authorities of both Parties jointly coordinate measures to protect the summoned person, if necessary;

(c) The person summoned for questioning has the right to refuse to give evidence if the national legislation of the Requested Party or the Requesting Party allows this.

5. Upon completion of the procedural action, the competent authority of the Requested Party shall draw up a protocol indicating the date and place of its holding, information about the identity of the person who appeared, information about the identities of other persons participating in the event and who they appeared in, as well as the technical conditions under which testimony or other procedural actions were taken. The original of the above-mentioned act is sent to the competent authority of the Requesting Party.

6. Expenses incurred by the Requested Party as a result of the videoconference shall be reimbursed by the Requesting Party, except in cases where the Requested Party does not require their reimbursement in full or in part.

7. The requested Party has the right to authorize the use of videoconference technologies also for purposes other than those specified in paragraph 1 of this article, including identification of persons and objects, as well as confrontations.

ARTICLE 13 TEMPORARY TRANSFER OF PERSONS IN CUSTODY

1. The requested Party may, upon request, temporarily transfer to the Requesting Party a person in custody for appearance before the competent authority for interrogation, presentation of evidence or participation in other proceedings, provided that the above-mentioned person agrees to this and that a written agreement has previously been reached between the Parties on the transfer and its conditions.

2. The temporary transfer of a person may be carried out provided that:

(a) This does not prevent an investigation or criminal prosecution being conducted against the person in question in the Requested Party;

(b) The person being transferred will be held in custody by the Requesting Party.

3. The time spent in custody in the territory of the Requesting Party is counted towards the time of execution of the sentence imposed in the Requested Party.

4. In cases where the transit of a detained person through the territory of a third State is necessary for the temporary transfer, the Requesting Party shall send a transit request to the competent authority of the third State and notify the Requested Party in advance of the outcome of the consideration of the above-mentioned request, sending the relevant documentation.

5. The requesting Party shall return, without request, the transferred person to the Requested Party at the end of the activities specified in paragraph 1 of this Article, or at the end of any other period agreed upon by the Parties.

6. The person temporarily transferred in accordance with this article shall be provided, where applicable, with the guarantees specified in Article 11 of this Agreement.

ARTICLE 14 PROTECTION OF VICTIMS, WITNESSES AND OTHER PERSONS

When necessary or in order to ensure an objective investigation and the correct administration of justice, both Parties shall take measures provided for in their national legislation to protect victims, witnesses and other persons involved in criminal proceedings in relation to crimes and requested assistance.

ARTICLE 15 PROVISION OF OFFICIAL OR PUBLICLY AVAILABLE DOCUMENTS

1. Upon request, the Requested Party shall provide the Requesting Party with copies of materials or documents available to the public from government agencies or public organizations.

2. The requested Party has the right to provide copies of any official documents or materials that are not publicly available, and under the conditions in which these documents or materials may be available to its judicial or law enforcement authorities.

3. Such copies must be certified by the competent authority of the Requested Party.

ARTICLE 16 PROVISION OF DOCUMENTS, MATERIALS OR OBJECTS

1. When a request concerns the transfer of documents, materials or objects other than those specified in Article 15 of this Agreement, the Requested Party may transfer copies thereof. Meanwhile, when the Requesting Party requests the transfer of originals, the Requested Party executes the request as far as possible.

2. The original documents and materials, as well as the items transferred to the Requesting Party, are returned to the Requested Party in each case as soon as possible.

ARTICLE 17 SEARCH AND SEIZURE

1. The Requested Party shall, in accordance with its national legislation, carry out requests for the search, seizure and delivery of items to the Requesting Party, provided that the information provided is sufficient to justify such actions in accordance with the national legislation of the Requested Party.

2. The Requested Party shall provide information that may be required by the Requesting Party regarding the result of any search, the location of the seizure, the circumstances of the seizure and the subsequent storage of the seized items.

3. The Requesting Party shall comply with all conditions required by the Requested Party with respect to any seized item that is delivered to the Requesting Party.

4. When applying this article, any rights of the Requested Party or third parties with respect to seized items are respected.

ARTICLE 18 PROCEEDS AND INSTRUMENTS OF CRIME

1. Upon request, the requested Party shall seek to establish whether any proceeds of crime or instruments of crime are located within its jurisdiction and shall notify the Requesting Party of the results of its investigations. Upon sending a request, the Requesting Party notifies the Requested Party of the grounds according to which such proceeds or implements may be located within its jurisdiction.

2. In cases where, in accordance with paragraph 1 of this Article, alleged proceeds or instruments of crime are found, the Requested Party, upon request, shall take measures to enforce a decision made by the competent authority of the Requesting Party on arrest or freezing, or take such measures as are permitted by its national legislation to prevent any transactions, transfer or destruction of these alleged proceeds of crime or instruments of crime until a final decision is made on them by the competent authority of either Party.

3. Pursuant to a request made in accordance with paragraph 1 of this Article, the Requested Party shall seek to trace assets, investigate financial transactions, and obtain other information or evidence that may help ensure the return of proceeds of crime.

4. The Requested Party, to the extent permitted by its national legislation, shall put into effect a final decision on the confiscation of proceeds or instruments of crime, issued by a court of the Requesting Party.

5. When applying this article, the legitimate rights of third parties must be respected in accordance with the national legislation of the Requested Party.

6. Upon request, the Requested Party may, to the extent permitted by its legislation and under any conditions agreed upon by the Parties, transfer to the Requesting Party in full or in part the proceeds or instruments of crime, or proceeds from the sale of such assets.

ARTICLE 19 EXCHANGE OF FINANCIAL INFORMATION

1. Upon request, the Requested Party shall immediately provide information related to bank accounts held by the suspect or accused person in any of its operational banks located on its territory, and provide any relevant information regarding the person authorized to use such accounts and any transactions related to them.

2. For the purposes of paragraph 1 of this Article, the Requesting Party determines the link between the committed crime and the relevant bank accounts.

3. The measures referred to in paragraph 1 of this article may also include financial institutions other than banks.

4. The legal assistance referred to in this article may not be refused on the basis of bank secrecy.

ARTICLE 20 EXCHANGE OF INFORMATION ON CRIMINAL PROCEEDINGS

Upon request and for the purposes of criminal proceedings, the Requested Party shall transmit to the Requesting Party information on criminal proceedings, previous convictions and sentences imposed against citizens of the Requesting Party.

ARTICLE 21 TRANSFER OF COURT DECISIONS AND CERTIFICATES OF CRIMINAL PROSECUTION

1. When transmitting a court decision on a criminal case, the Requested Party also provides information about the relevant court proceedings, if the Requesting Party requests it.

2. Criminal record certificates required by the competent authority of the Requesting Party for the purposes of criminal proceedings shall be issued if, under the same circumstances, they could have been issued to the competent authorities of the Requested Party.

ARTICLE 22 EXEMPTION FROM LEGALIZATION AND LEGAL FORCE OF DOCUMENTS AND MATERIALS

The documents and materials submitted in accordance with this Agreement do not require any legalization, certification or authentication and are fully acceptable as evidence to the Requesting Party.

ARTICLE 23 CONFIDENTIALITY

1. Upon request, the Requested Party shall maintain confidentiality regarding the receipt of the request, its contents, the documents attached to it, and any documents and materials received during its execution. If the request cannot be executed without violating confidentiality, the Requested Party notifies the Requesting Party, which decides on the possibility of executing the request.

2. Upon a reasoned request from the Requested Party, the Requesting Party shall maintain confidentiality with respect to evidence and information obtained during the execution of the request for legal assistance, except in cases where evidence and information are used in the investigation and judicial proceedings of criminal cases.

ARTICLE 24 EXPENSES

1. The requested Party shall bear the costs associated with the execution of the request. In this case, the Requesting Party shall bear the following costs:

(a) The costs of travel and stay in the Requested Party of the persons referred to in paragraph 3 of Article 6 of this Agreement;

(b) The costs of travel and stay in the Requesting Party of the persons referred to in Article 10 of this Agreement;

(c) The costs of holding a videoconference, while maintaining the provision provided for in paragraph 6 of Article 12 of this Agreement;

d) expenses arising from the execution of the request in accordance with Article 13 of this Agreement;

e) expenses incurred for the purposes specified in Article 14 of this Agreement;

f) expenses and fees of experts;

(g) Translation, interpretation and copying costs and fees;

(h) The costs of storing and transferring seized items.

2. In all cases, the Parties shall bear the costs associated with the implementation of this Agreement in accordance with their national legislation.

3. In the event that the execution of a request entails unforeseen expenses, the Parties shall consult in order to agree on the conditions under which the request should be executed.

ARTICLE 25 RELATION TO MULTILATERAL AGREEMENTS

This Agreement does not affect any obligations of the Parties arising from multilateral conventions to which one or both Parties are Parties.

ARTICLE 26 SETTLEMENT OF DISPUTES

The Parties shall immediately consult, at the request of either Party, on the interpretation and application of this Agreement as a whole or with respect to a specific article of it.

ARTICLE 27 FINAL PROVISIONS

1. This Agreement shall be concluded for an indefinite period and shall enter into force thirty (30) days after the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.

2. This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized by separate protocols, which are its integral parts, which enter into force in accordance with the procedure provided for in paragraph 1 of this Article.

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

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

5. This Agreement also applies to crimes committed before its entry into force.

IN WITNESS WHEREOF, the signatories below, being duly authorized to do so, have signed this Agreement.

DONE in Astana on November 1, 2017, in two originals, each in the Kazakh, Arabic and English languages, all texts being authentic.

In case of disagreement in the interpretation of this Agreement, the English text shall prevail.

FOR THE REPUBLIC OF KAZAKHSTAN

FOR THE HASHEMITE KINGDOM OF JORDAN

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on Mutual Legal Assistance in Criminal Matters, signed in Astana on November 1, 2017 in Kazakh, Arabic and English with the text in Russian.

Head of the International Cooperation Department The General Prosecutor's Office Republic of Kazakhstan

G. Koigeldiev

President

Republic of Kazakhstan

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