On the ratification of the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on the extradition of persons

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The Law of the Republic of Kazakhstan dated March 5, 2019 No. 232-VI SAM.

To ratify the Agreement between the Republic of Kazakhstan and the Hashemite Kingdom of Jordan on the extradition of Persons, 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 the extradition of persons

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

Desiring to promote effective cooperation between the two Sides in order to counter crime, based on mutual respect for the sovereignty of each Side,

Bearing in mind that the purpose of this Agreement will be achieved through bilateral agreements establishing joint actions in matters of extradition of persons,

have agreed on the following:

Article 1. Obligation of extradition

Each Party, in accordance with the provisions of this Agreement, undertakes to ensure the extradition to the other Party of any person or persons located on its territory and held accountable by the other Party for committing a criminal offense or requested to enforce the sentence of a court appointed by the competent judicial authorities of the other Party for extraditable offences.

Article 2. 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 its central bodies or the transfer of their functions to other state bodies. The parties notify each other about this 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 3. Extraditable offences

1. For the purposes of this Agreement, extraditable offences are defined as offences that, according to the legislation of both Parties, entail a penalty of imprisonment or other type of imprisonment for a period of at least one year or a more severe penalty.

2. If the extradition request relates to a person found guilty of a crime and who is wanted for the enforcement of a prison sentence or other form of imprisonment, extradition is permitted only if at least six (6) months remain before the end of the sentence, or if He has several sentences requiring execution, the cumulative term of execution for which expires no earlier than six (6) months.

3. In respect of crimes related to violations of customs, tax and currency regulation legislation, extradition may not be refused on the grounds that the national legislation of the Requested Party does not provide for a tax and customs norm or a norm in the field of currency regulation similar to the national legislation of the Requesting Party.

4. If the crime was committed outside the territory of the Requesting Party, extradition shall be carried out if the national legislation of the Requested Party provides for punishment for crimes committed outside its territory under the same circumstances.

5. If the extradition request relates to several crimes, each of which is punishable under the national legislation of both Parties, and at the same time some of them do not comply with the requirements stipulated in paragraphs 1 and 2 of this Article, in this case the Requested Party has the right to authorize extradition.

Article 4. Mandatory grounds for refusal

1. The extradition must be refused if:

a) the crimes in relation to which the request is being made are recognized by the Requested Party as political crimes;

(b) Extradition may also be refused if the Requested Party has substantial grounds to believe that an extradition request based on an ordinary crime was made with the aim of persecuting or punishing a person because of his race, religion, nationality, gender, social status, ethnic origin or political views, or if possible damage to this person for any of the above reasons;

(c) Under the national legislation of the Requesting Party, the offence for which extradition is requested is punishable by death, unless the Requesting Party provides the Requested Party with sufficient guarantees that the death penalty will not be imposed on the person sought and, if imposed, will not be carried out.;

(d) If the requested Party has reasonable grounds to believe that the person whose extradition is being requested may be subjected to any violations of fundamental human rights or the threat of torture if extradited.;

(e) At the time of receipt of the request for the extradition of a person, criminal prosecution under the national law of the Requested Party cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for any other reason in accordance with the national law of the Requested Party. When calculating the limitation periods, the Requested Party must take into account any circumstances related to the interruption or suspension of these periods in the territory of the Requesting Party.;

(f) In respect of the person whose extradition is requested, a final court verdict or a decision to terminate the proceedings has been passed in the territory of the Requested Party for the same act.;

(g) The person against whom an extradition request has been received has been granted asylum by the Requested Party;

(H) The requested Party considers that the extradition of the person may prejudice the sovereignty, national security, public order or other interests of its State, or is contrary to its Constitution and its national legislation;

(i) Extradition is requested for a military offence, which has no parallel in the ordinary criminal law of the Requested Party.

2. For the purposes of this Agreement, the following crimes will not be considered political:

a) murder, abduction or other threat to a person or his freedom;

b) threatening, attempting, or participating as an accomplice in the murder, abduction, or other serious threat to the life, health, or freedom of the head of State, Government, or members of their families;

(d) Any other offence which the Parties have undertaken to treat as an extraditable offence on the basis of an international treaty.

3. If the Requested Party intends to refuse to extradite a person on the basis of subparagraph (e) of paragraph 1 of this Article, it should consult with the Requesting Party.

Article 5. Optional grounds for refusal

The extradition of a person may be refused in the following cases::

(a) If the offence for which extradition is requested is subject to the jurisdiction of the Requested Party in accordance with its national law;

b) if the crime was committed outside the Requested Party, but directed against the interests of the Requested Party.

Article 6. Extradition of citizens

1. Each Party has the right to refuse to extradite its own citizens.

2. In case of refusal to extradite its nationals, the Requested Party, upon request of the Requesting Party, undertakes to ensure the criminal prosecution of the person in accordance with its national legislation. To do this, the Requesting Party is obliged to provide relevant investigation materials, court decisions, evidence, as well as any other documents and information through the central authorities.

3. The requested Party shall immediately inform the Requesting Party of the actions taken on such request and of the outcome of the proceedings in the case.

Article 7. Request for extradition of a person and necessary documents

1. An extradition request must be made in writing and contain the following:

a) information necessary to establish the identity and nationality of the wanted person, if possible, the provision of photographs or fingerprints;

(b) Information on the circumstances of the crime in connection with which the extradition request has been made, indicating the date and place of its commission;

(c) The text of the relevant law describing the offence for which extradition has been requested and prescribing the penalty for it;

d) the text of the relevant law relating to the limitation of the time of criminal prosecution or execution of punishment for a crime and information on its application in relation to the crime specified in the request;

(e) When the offence for which extradition is requested has been committed outside the territory of the Requesting Party, the text of the relevant law providing for the jurisdiction of the Requesting Party for such offences.

2. In addition to the requirements of paragraph 1 of this article, an extradition request must be accompanied by:

a) a copy of the court's decision/arrest warrant certified by the judge or the central authority of the Requesting Party, if the request is related to criminal prosecution;

b) if the request is related to the execution of the sentence, it shall be accompanied by a certified copy of the final judgment of the court, a certificate of the part of the sentence served and to be served, certified by the judge or the central authority of the Requesting Party.;

(c) In the case where a person has been convicted in absentia, the text of the relevant law of the Requesting Party allowing him to appeal the conviction.

Article 8. Additional information

1. If the Requested Party considers that the information provided by the Requesting Party is insufficient to grant extradition in accordance with this Agreement, the requested Party may request additional information. This information must be provided within sixty (60) days of receiving such a request.

2. If the wanted person is under arrest and the requested additional information is not received within the time period specified in paragraph 1 of this article, the person may be released from custody. However, such release should not prevent the re-arrest and extradition of the wanted person if additional information becomes available in the future.

3. If a person is released from custody in accordance with paragraph 2 of this Article, the Requested Party must immediately notify the Requesting Party.

Article 9. The admissibility of documents and translations

1. Documents stamped by the competent authorities of the Parties must be acceptable in the procedure for the extradition of a wanted person without further certification, authentication and legalization.

2. The request for extradition of the wanted person and the necessary documents must be drawn up in the language of the Requesting Party and accompanied by a translation into the language of the Requested Party.

Article 10. Decision

1. The requested Party shall take a decision on the extradition request in accordance with this Agreement and its national legislation, immediately notifying the Requesting Party of its decision.

2. If the Requested Party refuses to extradite the person, the reasons for the refusal shall be communicated to the Requesting Party.

Article 11. Special rule

1. A person extradited in accordance with this Agreement shall not be detained, prosecuted or subjected to any other restriction of his or her personal freedom in the territory of the requesting Party for any crime committed prior to his or her extradition, except:

(a) The offence for which extradition has been granted; or

(b) Any other extraditable offence for which a person may be convicted on the basis of evidence of the facts on which the extradition request was based and punishable by the same or lesser penalty as the offence on which the extradition request was based; or

(c) Any other extraditable offences with the consent of the Requesting Party. The request for consent must be accompanied by the documents specified in Article 7 at the request of the requested Party, as well as any statement written by the extradited person in connection with the crime committed.

2. Without the consent of the Requested Party, a person extradited in accordance with this Agreement may not be re-extradited or transferred by the Requesting Party to a third State for any crime committed prior to his extradition.

3. Paragraphs 1 and 2 of this Article shall not apply if:

(a) The person had the opportunity to leave the territory of the Requesting Party and did not do so within thirty (30) days after final release in respect of the offence under which the person was extradited; or

(b) The person has voluntarily returned to the territory of the Requesting Party after leaving it.

Article 12. Preliminary arrest

1. If necessary, the wanted person may be arrested at the request of the Requesting Party before receiving an extradition request.

2. The request for preliminary arrest must contain the following:

a) description of the wanted person;

b) if known, the location of the wanted person;

(d) Applicable provisions of the criminal law;

(e) A reference to the court's decision, arrest warrant, or court verdict against the wanted person; and

f) guarantees that the request for extradition of the wanted person will be submitted within the time limits set by this Agreement.

3. A request for provisional arrest may be sent by electronic means or by the International Criminal Police Organization (INTERPOL), and the original request is sent by mail directly between the central authorities or through diplomatic channels.

4. The requested Party must immediately inform the Requesting Party of the decision taken regarding the request for provisional arrest.

5. If, after forty (40) days from the date of the person's arrest, the central authority of the Requested Party has not received an extradition request, the arrested person shall be released. The release of a person should not prevent re-arrest for the purpose of extradition if the Requested Party receives an extradition request later.

Article 13. Competing requests

The following provisions will apply to extradition requests received from the Requesting Party and other States at the same time:

1) The requested Party determines to which of these States the person should be extradited and immediately informs the Requesting Party of its decision.

(2) When making a decision in accordance with this Article, the Requested Party shall take into account all relevant elements, including, but not limited to, the following:

(a) Nationality of the victim;

b) whether the requests were made on the basis of international treaties;

(d) Interests of the requesting State;

(e) The gravity of the crimes;

f) the place of residence of the wanted person;

(g) The possibility of subsequent transfer of the person between the requesting States; and

(h) The chronological order in which requests are received from requesting States.

Article 14. Transfer

1. The requested Party, after making a decision on an extradition request, shall immediately inform the Requesting Party of this decision.

2. The parties shall immediately agree on the date, place and other issues related to the transfer of the wanted person. The requesting Party is informed of the length of time for which the wanted person has been arrested for extradition.

3. The Requesting Party is obliged to remove this person from the territory of the Requested Party within thirty (30) days, and if the person has not been transferred during this period, the Requested Party may refuse to extradite this person for the commission of this crime, if applicable to paragraph 4 of this Article.

4. If, during the period specified in paragraph 3 of this Article, the Requesting Party does not accept the extradited person, the Requested Party shall immediately release that person and may reject a new extradition request against that person for the same offence, except in the case provided for in paragraph 5 of this Article.

5. If circumstances beyond the control of the Parties prevent the transfer or receipt of the extradited person, the central authorities of the Parties must agree on a new date and other necessary conditions for the transfer.

6. If, after the transfer, the extradited person has absconded from criminal prosecution or evaded the execution of a court verdict and returned to the territory of the Requested Party, the Requested Party has the right to re-extradite him on the basis of a new extradition request. In this case, it is not necessary to provide the documents listed in Article 7 of this Agreement to the request for extradition.

7. The period of detention of a person for the purpose of extradition, including house arrest, is counted towards the total period of execution of the court's sentence imposed in the Requesting Party.

Article 15. Postponement of extradition or temporary extradition

1. If a wanted person is being prosecuted or is serving a sentence in the Requested Party for committing a crime other than the one for which extradition is requested, the Requested Party has the right, after making a decision to extradite the person, to delay his transfer until the end of the trial or until the full execution of the court verdict. In the event of such a delay, the Requested Party shall immediately notify the Requesting Party.

2. However, at the request of the Requesting Party, the Requested Party has the right to temporarily extradite the wanted person to the Requesting Party on mutually agreed terms between the central authorities. A person who has been temporarily extradited is detained during the period of his stay in the territory of the Requesting Party and is re-transferred to the Requested Party within the time period agreed upon by the central authorities without any need to send a request. The time spent in custody of a person is counted in the total period of execution of a court sentence imposed in the Requested Party.

3. The transfer of an extradited person may also be delayed when, due to the health condition of the person, they may endanger his life or worsen his health condition. In this case, the Requested Party must provide the Requesting Party with a detailed medical report issued by its competent medical institution.

Article 16. Seizure and transfer of property

1. At the request of the Requesting Party, the Requested Party, in accordance with its national legislation, must seize, confiscate and transfer any property found on its territory that was obtained as a result of a crime or may serve as evidence. In this case, the property is transferred to the Requesting Party simultaneously with the transfer of the extradited person.

2. With the consent of the Requested Party, the property referred to in paragraph 1 of this Article may be transferred upon request to the Requesting Party, even if extradition cannot be carried out.

3. If the legislation of the Requested Party or the rights of third parties require it, any transferred property or items upon request must be returned to the requested Party at the expense of the Requesting Party.

4. If the above-mentioned property is necessary for conducting an investigation or criminal prosecution in connection with a crime committed in the territory of the Requested Party, the transfer of this property may be postponed until the investigation or criminal prosecution is completed, or it may be transferred provided it is returned after the completion of the proceedings in the Requesting Party.

Article 17. Transit

1. If a person extradited by either Party from a third country is subject to transit through the territory of the other Party, the Party to which the person is to be extradited requests the other Party to allow the transit of that person through its territory. The request for transit is sent in writing through the channels provided for in this Agreement.

2. A transit permit is not required under the condition of non-stop flight of air transport over the territory of the Transit Party. If an unplanned landing has been performed in the territory of that Party, it may require the other Party to submit a transit request, as provided for in paragraph 1 of this article.

3. Upon receiving a request for transit permits, the Requested Party must provide such a permit. Provided that there are reasonable grounds for refusing to do so, the Party has the right to refuse such a request.

4. A transit permit for a person in accordance with the legislation of the Requested Party includes a permit to detain that person during transit.

5. When a person is being held in custody in accordance with paragraph 4 of this Article, the Party in whose territory the person is located may release him if transportation has not been carried out within fifteen (15) days after his arrival.

6. The requesting Party is obliged to reimburse the other Party for any expenses incurred by that other Party in connection with the transit.

Article 18. Expenses and representation

1. The requested Party shall bear in its territory the costs associated with the arrest of a person for the purpose of extradition to the Requesting Party, the costs associated with the seizure and storage of property provided for in Article 16 of this Agreement, as well as the costs that may arise during the extradition process.

2. The Requesting Party shall bear the costs associated with the transportation of the extradited person and any property transferred by the Requested Party.

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

4. The Requested Party, in accordance with its national legislation, shall provide advice, legal assistance and representation in its courts on its territory and represent the interests of the Requesting Party in any proceedings arising from the extradition procedure.

Article 19. Informing about the results

The requesting Party provides information on criminal prosecution, judicial proceedings, or the enforcement of a court sentence imposed on the extradited person, or information on the re-extradition of the extradited person to a third State. In this regard, the central authority of the Requesting Party provides copies of the relevant decisions.

Article 20. Relationship 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 21. Dispute settlement

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 22. 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 extradition arrangements that were initiated during its validity period shall 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 undersigned, being duly authorized thereto, have signed this Agreement.

DONE in Astana, on November 1, 2017, in two copies, each in Kazakh, Arabic and English, 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 Extradition, signed in Astana on November 1, 2017 in Kazakh, Arabic and English with the text in Russian.

Head of Department international cooperation The General Prosecutor's Office

G. Koigeldiev

President

Republic of Kazakhstan

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