On the ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Corruption

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The Law of the Republic of Kazakhstan dated April 1, 2025 No. 177-VIII SAM.

To ratify the Agreement on Cooperation of the member States of the Commonwealth of Independent States in Combating Corruption, signed in Astana on October 14, 2022, with the following reservation:

"The Republic of Kazakhstan declares that it reserves the right to apply the provisions of subparagraph (a) of Articles 10, 12 and 14 of this Agreement to the extent that it does not contradict its legislation.".

President of the Republic of Kazakhstan

K. TOKAEV

Agreements on cooperation of the member States of the Commonwealth of Independent States in combating corruption

Officially certified text

The States Parties to this Agreement, hereinafter referred to as the Parties,

Recognizing that corruption poses a significant threat to the rule of law, democracy and human rights, equality and social justice, impedes economic development and endangers the stability of democratic institutions and the moral foundations of society,

Desiring to develop and improve cooperation, to increase the effectiveness of cooperation in combating corruption crimes and offenses, including within the framework of the United Nations and other international organizations,

Convinced that effective international cooperation in the anti-corruption field should be carried out with the central coordinating role of the United Nations on the basis of the 2003 United Nations Convention against Corruption, which is a fundamental and universal international legal instrument regulating the entire range of relevant issues,

Convinced of the urgent need to develop and implement a coordinated anti-corruption policy,

Considering that the member States of the Commonwealth of Independent States have generally formed the legal and organizational foundations for combating corruption,

guided by generally recognized principles and norms of international law,

have agreed on the following:

Section I

General provisions

Article 1. Purpose of the Agreement

The purpose of this Agreement is to increase the effectiveness of national efforts and cooperation between the Parties in the field of anti-corruption.

Article 2. Terms

For the purposes of this Agreement, the following terms have the following meanings:

Anti—corruption expertise of regulatory legal acts is the activity of identifying and describing corruption-causing factors contained in regulatory legal acts, draft regulatory legal acts, as well as developing recommendations aimed at eliminating or limiting the effects of such factors.;

Anti-corruption standards are a system of recommendations established for a separate sphere of public relations aimed at preventing corruption.;

anti-corruption monitoring - monitoring, analysis, assessment and forecast of corruption manifestations and corruption-causing factors;

property - any assets, whether tangible or intangible, movable or immovable, expressed in things or rights, as well as legal documents or acts confirming ownership of such assets or interest in them;

proceeds of corruption - any property acquired or obtained, directly or indirectly, for oneself or for third parties, as a result of committing corruption crimes and offenses;

competent authority - the state body of the Party exercising powers in the field of combating corruption within the limits of its competence defined by the legislation of the Party;

confidential information is information to which access is restricted in accordance with the legislation of the Parties.;

confiscation is the gratuitous seizure of property (proceeds from corruption, property acquired with funds received from corruption crimes and offenses, or used in their commission) on the basis of a court decision that has entered into force.;

A corruption offense is an act (action or omission) that has signs of corruption, for which the legislation of the Parties establishes administrative, civil or disciplinary liability.;

A corruption offense is a criminally punishable act with signs of corruption provided for by the legislation of the Parties.;

corruption is the intentional illegal acquisition by an official or a person equated to him by the legislation of the Parties, or by a foreign official, or by a person performing administrative and other managerial functions, including in a commercial or other organization, personally or through intermediaries of property for himself, a third party or an organization for an act or omission in the performance of official duties., as well as the bribery of these persons by providing property;

Anti-corruption is the activity of state bodies, local governments, civil society institutions, organizations and individuals within their powers.:

a) to prevent corruption, including the identification and subsequent elimination of the causes of corruption (prevention of corruption);

b) to identify, prevent, suppress, disclose and investigate corruption crimes and offenses (fight against corruption);

c) to minimize and/or eliminate the consequences of corruption crimes and offenses;

d) to implement international cooperation in the field of combating corruption, including the identification, seizure and return of proceeds from corruption.

Article 3. Objectives of cooperation

The main objectives of cooperation between the Parties are:

a) the development and implementation of coordinated policies, joint programs and measures to combat corruption, and the implementation of anti-corruption monitoring;

b) improvement of the legal framework for cooperation in the field of anti-corruption and harmonization of the legislation of the Parties;

c) joining efforts to overcome the threat of a further increase in the number of corruption crimes and offenses;

d) ensuring information exchange in the field of anti-corruption;

e) strengthening the international authority of the Parties in the field of anti-corruption;

f) cooperation in the field of anti-corruption education.

Article 4. Main directions and forms of cooperation

The cooperation of the Parties includes the following main directions and forms:

a) providing assistance in cases of corruption crimes and offenses;

b) conducting coordinated and/or coordinated operational-investigative, operational-preventive measures and special operations in the field of combating corruption crimes;

c) implementation of cooperation in the field of search, detention and extradition of persons who have committed corruption crimes;

d) implementation of cooperation in the field of search and return of proceeds from corruption;

e) providing legal protection and support to individuals and organizations involved in combating corruption;

f) operational information and information-analytical exchange in the field of anti-corruption;

g) creation and use of information systems in the field of anti-corruption;

h) development and implementation of strategies, programs and plans for cooperation in the field of anti-corruption;

i) exchange of experience in legal regulation in the field of anti-corruption;

k) exchange of results of anti-corruption monitoring;

k) training, retraining and advanced training of personnel in the field of anti-corruption;

m) scientific, methodological and logistical support for combating corruption;

h) holding meetings, seminars, conferences on anti-corruption issues;

o) conducting joint anti-corruption activities and research in the field of countering the legalization (laundering) of proceeds from corruption.

The provisions of this Article shall not prevent the competent authorities of the Parties from determining and developing other mutually acceptable forms of cooperation in compliance with the legislation of the Parties, this Agreement and the international obligations of the Parties.

Article 5. Competent authorities

1. The Parties shall cooperate through the competent authorities.

2. Each Party, in accordance with its legislation, determines the list of competent authorities and sends it to the depositary at the same time as providing information on the implementation of internal procedures necessary for the entry into force of this Agreement.

The Parties shall notify the depositary within one month of changes in the composition and powers of their competent authorities.

3. The competent authorities of the Parties shall interact with each other directly within the limits of their powers defined by the legislation of the Parties.

4. The Interstate Council for Combating Corruption, within its competence, in accordance with the Agreement on the Formation of the Interstate Council for Combating Corruption dated October 25, 2013, provides the necessary assistance to the competent authorities of the Parties in order to implement the provisions of this Agreement.

Article 6. Status of documents

1. Documents sent in accordance with this Agreement and considered official in the territory of one Party are recognized as such in the territory of the other Party and do not require legalization.

2. In case of execution of documents in the official languages of the Parties, certified translations into Russian are attached to them.

Article 7. Protection of participants in criminal proceedings and persons assisting in the fight against corruption

Each Party shall take the necessary legislative and other measures to ensure adequate protection of participants in criminal proceedings and persons assisting in the fight against corruption.

Section II

Formation of the regulatory legal framework

Article 8. Regulatory legal framework for combating corruption

Each Party shall consider the possibility of adopting and, if necessary, adopt regulatory legal acts or other measures aimed at:

a) Introduction of anti-corruption standards;

b) improving the mechanism of anti-corruption expertise of regulatory legal acts;

c) development of institutions of state and public control over compliance with anti-corruption legislation, expansion of opportunities for civil society participation in the fight against corruption;

d) providing state support to the activities of public associations established for the purpose of combating corruption;

e) providing an opportunity to restrict individuals and organizations in the right to dispose of property if there are sufficient grounds to believe that funds and/or other property are proceeds of corruption.

Article 9. Harmonization of legislation

The Parties shall take measures necessary for the development and harmonization of the legislation of the Parties, taking into account international treaties in the field of combating corruption, to which they are parties.

Article 10. Powers of the competent authorities

Each Party shall adopt regulatory legal acts granting its competent authorities the right to:

a) receive, free of charge, information necessary to perform anti-corruption functions, including from automated information, reference systems and data banks;

b) submit proposals on the suspension or revocation (cancellation) of special permits (licenses) for certain types of activities to the state body issuing the relevant special permits (licenses) in the case of corruption crimes and offenses.

Article 11. Requirements for officials

Each Party will strive to adopt regulatory legal acts.:

a) encouraging officials (certain categories of officials in accordance with the law) to report corruption crimes and offenses that they have become aware of in the performance of their functions;

b) establishing special requirements for persons applying to perform the functions of officials and/or persons equated to them by the legislation of the Party, prohibitions for persons holding (replacing) positions related to the performance of such functions, directly or indirectly interfere in the activities of commercial or non-profit organizations or participate in their management;

c) establishing the obligation of officials and/or persons equated to them by the legislation of the Party, as well as their family members, to declare income, existing property and property-related obligations.

The Parties have the right to independently establish other requirements and restrictions for officials in accordance with the legislation of the Parties.

Article 12. Getting information

Each Party shall adopt regulatory legal acts according to which banking, tax and/or commercial secrets are not an obstacle for the competent authorities of the Party to obtain information necessary for the detection, prevention, suppression and investigation of corruption.

Article 13. Confiscation of proceeds from corruption

Each Party shall adopt regulatory legal acts to ensure the confiscation of proceeds from corruption.

Article 14. Corruption crimes

The Parties, subject to compliance with the basic principles of their legal system, shall take the legislative measures necessary to criminalize the following acts of corruption:

a) receiving a bribe;

b) giving a bribe;

c) abuse of power or official (official) powers, excess of official (official) powers;

d) embezzlement using official (official) powers.

The Parties have the right to independently determine the list of corruption crimes in accordance with the legislation of the Parties.

Section III

Information interaction and execution of requests for assistance

Article 15. Ways of interaction between the competent authorities of the Parties

The interaction of the competent authorities of the Parties under this Agreement is carried out by sending and executing requests for assistance (hereinafter referred to as the request), as well as by providing information.

Article 16. Information interaction

1. In accordance with the legislation and international obligations of the Parties, the competent authorities of the Parties shall provide each other, free of charge, upon request, with information available in operational reference, investigative, criminalistic and other records, archives, and also exchange scientific, technical, information and analytical materials and other information at their disposal. implementation of anti-corruption measures.

2. Each Party may provide information to the other Party on its own initiative, if there are grounds to believe that such information is of interest to that Party.

Article 17. Request for assistance

1. The competent authorities of the Parties shall send and execute requests in order to identify persons suspected (accused) of committing corruption crimes and offenses, their location, as well as the location of other persons involved in corruption crimes and offenses, identify property obtained as a result of committing corruption crimes and offenses or serving as a means of committing them, provide, in appropriate cases items or samples of substances for conducting research or forensic examinations, as well as coordinating activities to prevent and combat corruption.

2. The request contains:

(a) The names of the competent authorities of the requesting and requested Parties;

b) the subject and justification of the request;

c) the substance of the case;

d) the texts of the relevant regulatory legal acts, as well as a statement that the requested or any other measure leading to similar results may be taken in the territory of the requesting Party in accordance with its legislation.;

e) if necessary and as far as possible:

information about the person (surname, first name, patronymic (if any), place and date of birth, nationality, address of residence and place of stay, details of the identity document of an individual, the official name and location of the organization, its state registration number and place of registration);

information about property or income (their location, connection with the relevant person or persons and the offense, as well as any available information about the rights of other persons to this property or income).

3. The request is sent in writing.

In urgent cases, technical means of transmitting information may be used to transmit the request, followed by the mandatory provision of its original.

In case of doubt about the authenticity or content of the request, additional confirmation may be requested.

4. The request shall be drawn up on the official letterhead of the competent authority of the requesting Party, signed by the head of the authority or a person replacing him, and certified with the stamp of that authority, unless the competent authorities agree otherwise.

Article 18. Request execution

1. The competent authority of the requested Party shall take all necessary measures to ensure full and high-quality execution of the request. The request is executed, as a rule, within a period not exceeding 30 days from the date of its receipt.

2. At the request of the competent authority of the requesting Party, the legislation of that Party may be applied in the execution of the request, if this does not contradict the legislation and international obligations of the requested Party.

3. The competent authority of the requested Party, if the information specified in the request is insufficient for its execution, has the right to request additional information necessary for the proper execution of the request.

4. The competent authority of the requesting Party shall be notified immediately of the circumstances preventing or delaying the execution of the request.

5. The decision to transfer confidential information is made in accordance with the legislation of the requested Party.

6. The competent authority of the requested Party may postpone the execution of the request or, in agreement with the competent authority of the requesting Party, partially execute the request or on conditions deemed necessary by it, if the execution of the request may prejudice the conduct of operational search activities, pre-trial proceedings or judicial proceedings conducted by the competent authority of the requested Party.

7. If the execution of the request does not fall within the competence of the authority that received the request, that authority shall forward it to the appropriate competent authority of the requested Party and notify the competent authority of the requesting Party accordingly.

Article 19. Using the results of query execution

The information and materials transmitted pursuant to the request may not be used without the consent of the competent authority of the requested Party that provided them for purposes other than those for which they were requested and provided.

Article 20. Refusal to execute the request

1. Assistance may be refused in whole or in part if the competent authority of the requested Party believes that the execution of the request may harm sovereignty, security, public order, or contradict the legislation and/or international obligations of its State, or entail a violation of the rights, freedoms and legitimate interests of citizens.

2. The competent authority of the requesting Party shall be immediately notified in writing of the complete or partial refusal to execute the request, indicating the grounds for refusal provided for in this article.

Article 21. Confidentiality of information

1. The competent authority of each Party shall ensure the protection and safety of information and documents received during the execution of requests. The degree of restriction of access to information and documents is determined by the competent authority of the Party that provided them.

2. Information and documents received by one Party from the other Party may not be transferred to a third party without the prior written consent of the Party that provided them.

3. The obligations of the Parties to ensure the protection of the information received remain in force even after the termination of this Agreement or withdrawal from it.

4. The Parties shall ensure the protection of information containing information constituting a state secret (state secrets), which is exchanged within the framework of the implementation of this Agreement, in accordance with the procedure provided for by the Agreement on Mutual Security of Interstate Secrets of January 22, 1993, the Agreement on the Protection of Classified Information within the Commonwealth of Independent States of October 25, 2013 and bilateral international agreements on the mutual protection of such information.

Section IV

Confiscation

Article 22. Measures to ensure confiscation

The competent authorities of the Parties, in accordance with the legislation of the Parties, carry out all necessary measures aimed at detecting proceeds of corruption, take measures to ensure their safety to prevent any transactions with them, including seizure, with a view to their possible seizure and further confiscation on the basis of a court decision that has entered into force.

Article 23. Enforcement of confiscation orders

1. The competent authority of the Party, which has received an order to execute the relevant court decision on the confiscation of proceeds from corruption, shall carry out confiscation in accordance with the legislation of the Party and international treaties to which it is a party.

2. The competent authority of the requesting Party shall promptly inform the competent authority of the requested Party of the circumstances in connection with which the decision on confiscation is fully or partially invalid.

3. If, on the basis of the same decision, a Party requests confiscation from several Parties, it shall notify each of these Parties accordingly.

Article 24. Disposal of confiscated property

The procedure for disposing of confiscated property or funds from its sale is determined by international treaties to which the Parties are parties, or may be determined by the Parties on a case-by-case basis, taking into account the costs and expenses incurred in executing the court's decision on confiscation.

Section V

Final provisions

Article 25. Consultations and meetings

The competent authorities of the Parties, as necessary, hold consultations and meetings to analyze and evaluate the results of cooperation, as well as to develop ways to improve it.

Article 26. Working language

The Parties shall use the Russian language when carrying out cooperation under this Agreement.

Article 27. Expenses

Each Party, in accordance with its legislation, shall independently bear the costs incurred by it related to the implementation of the provisions of this Agreement, unless a different procedure is agreed upon by the Parties in each specific case.

Article 28. Relationship with other international treaties

This Agreement does not affect the rights and obligations of each of the Parties arising for it from other international treaties to which it is a party.

Article 29. Changes

By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized by the relevant protocol.

Article 30. Controversial issues

Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned and/or through another procedure agreed upon by the Parties.

Article 31. Entry into force

This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.

For the Parties who have completed the necessary procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant notification.

Article 32. Joining

After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States, as well as any State that shares its goals and principles, by submitting an instrument of accession to the depositary.

For the acceding member State of the Commonwealth of Independent States, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

For a State that is not a member of the Commonwealth of Independent States, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the last notification of the consent of the signatory and acceding States to such accession.

Article 33. Term of validity

This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary no later than 6 months before the withdrawal and settling financial and other obligations that have arisen during the validity of the Agreement.

Done in Astana on October 14, 2022, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

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Reservation of the Republic of Kazakhstan

President of the Republic of Kazakhstan

K. Tokaev

RESERVATION

to the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Corruption:

"The Kyrgyz Republic will implement articles 10 and 12 of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Corruption in accordance with the requirements of national legislation."

The President of the Kyrgyz Republic

S.N. Japarov

I hereby certify that the attached text is an authentic copy of the Agreement on Cooperation between the member States of the Commonwealth of Independent States in Combating Corruption, signed at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which took place on October 14, 2022 in Astana. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

First Deputy Chairman of the Executive Committee - CIS Executive Secretary

L.V. Anfimov

President

Republic of Kazakhstan

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