On the ratification of the Extradition Agreement between the Republic of Kazakhstan and the Kingdom of Morocco
The Law of the Republic of Kazakhstan dated November 13, 2025 No. 227-VIII SAM.
To ratify the Extradition Agreement between the Republic of Kazakhstan and the Kingdom of Morocco, concluded in Rabat on December 12, 2024.
President of the Republic of Kazakhstan
K. TOKAEV
unofficial translation
Agreement between the Republic of Kazakhstan and the Kingdom of Morocco on extradition
The Republic of Kazakhstan and the Kingdom of Morocco, hereinafter referred to as the "Parties",
Striving for more effective cooperation between the two Sides in the fight against crime by concluding an Extradition Agreement,
by properly respecting human rights and the rule of law,
Aware of the mutual recognition of sovereignty, national security, public order and other public interests,
have agreed on the following:
Article 1
Obligation to issue
The Parties, in accordance with the provisions of this Agreement and their legislation, shall, upon request, extradite to each other any person who is wanted by the Requesting Party for the purpose of criminal prosecution or the enforcement of an effective court sentence for extraditable offences.
Article 2
Conditions of issue
1. Extradition for the purpose of criminal prosecution is carried out for punishable acts, for which the penalty is imprisonment for a period of at least one (1) year or a more severe punishment in accordance with the legislation of the Parties.
2. Extradition for the purpose of enforcing a court sentence imposed by a court of the Requesting Party shall be carried out for the offences provided for in paragraph 1 of this article, provided that, at the time of receipt of the extradition request, the unserved sentence is at least six (6) months.
3. If the extradition request includes several separate crimes, each of which is punishable by imprisonment in accordance with the legislation of the Parties, but some of them do not comply with the conditions of paragraphs 1 and 2 of this Article, the Requested Party has the right to grant extradition in respect of all crimes committed.
Article 3
Mandatory grounds for refusal of extradition
The issue is not carried out:
(a) If the person to be extradited is a national of the Requested Party. In this case, the Requested Party, in accordance with its legislation and at the request of the other Party, sends the materials of the criminal case to its competent authorities for criminal prosecution.;
(b) If the offence for which extradition is requested is considered by the Requested Party to be a political offence in accordance with its legislation. For the purposes of this Agreement, a crime of a political nature does not include:
(i) An offence under any multilateral international treaties to which the Parties are Parties, which entail an obligation to extradite or prosecute the requested person;
ii) the assassination of the Head of State, members of his family, an attempt or conspiracy to commit such a crime;
(iii) Any crime related to terrorism;
(c) When, under the law 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 so, will not be carried out.;
(d) If the requested Party has reason to believe that the extradition request is aimed at criminalizing or punishing a person on the basis of race, religion, nationality, or the situation of that person may be worsened by such facts.;
(e) If the offence for which extradition is requested is a military offence, which is not a crime under ordinary criminal law;
f) if a final court decision has been rendered in the Requested Party, an amnesty or pardon has been applied to the wanted person for the same crime for which extradition is requested.;
g) in the event of the expiration of the statute of limitations for criminal prosecution or the enforcement of a court verdict in accordance with the legislation of either Party;
(h) If the person against whom extradition has been requested has been granted asylum by the Requested Party;
(i) If extradition is contrary to the international obligations or national legislation of the Requested Party.
Article 4
Optional grounds for refusal of extradition
The extradition of a person may be refused.:
(a) If a person wanted for a crime, against whom extradition has been requested, is being prosecuted in the territory of the Requested Party, or if the competent authority of the Requested Party has terminated the criminal case in accordance with the legislation of that Party.;
(b) If the offence for which extradition has been requested has been committed outside the territory of either Party and the legislation of the Requested Party does not provide for jurisdiction over such an offence committed outside its territory in similar circumstances;
(c) If the offence for which extradition is sought is considered, in accordance with the law of the Requested Party, to have been committed in whole or in part in the territory of the Requested Party or within its jurisdiction;
(d) When the wanted person has served his sentence, been acquitted or convicted in a third State for the same offence for which extradition is sought;
(e) When a person has been convicted in absentia, unless the Requesting Party provides the Requested Party with guarantees that the person in question has the right to a retrial in order to ensure his or her right to a defence.
Article 5
Request and supporting documents
1. An extradition request shall be made in writing and transmitted through diplomatic channels.
2. The request for extradition must contain:
a) an arrest warrant issued by the judicial authority of the Requesting Party, or any other documents having the same force, and if the request concerns a previously convicted person, the original or a certified copy of the final court decision;
(b) Information on the circumstances of the crime for which extradition has been requested, indicating the date and place of its commission;
(c) A description of the person who is wanted and any information that may help to establish his identity, location and nationality;
d) information regarding the duration of the court's sentence to be executed if the person is sentenced to imprisonment;
e) extracts from the relevant legislative acts on the basis of which the act is recognized as a crime, indicating the statutory penalty for the crime, as well as articles of the law on the statute of limitations;
f) if applicable, a copy of the decision on the qualification of the suspect's act or the indictment.
3. The documents attached to the extradition request must be signed by an official and stamped by the competent authority of the Requesting Party.
4. Except as otherwise provided in this Agreement, the procedures relating to extradition and temporary arrest shall be governed solely by the legislation of the Requested Party.
5. If the Requested Party considers that the information provided for the purposes of this Agreement is insufficient to make a decision on the extradition request, additional information may be requested within a time limit set by the Requested Party.
6. The request for extradition may be transmitted using technical means of communication. The original requests must be sent simultaneously by mail.
Article 6
Preliminary arrest
1. In case of urgency, the central authority of the Requesting Party has the right to send a request for the preliminary arrest of the wanted person. The central authority of the Requested Party shall decide on the request for provisional arrest in accordance with its legislation. The requesting Party is immediately notified of the results of the examination of its request.
2. The request for preliminary arrest shall contain information about the circumstances of the crime committed by the wanted person, indicating the date and place of its commission, a description of the wanted person, if known, his location and nationality, and a guarantee that the request for extradition of the wanted person will be submitted with one of the documents provided for in subparagraphs (a), (e) and (f) attached.) paragraph 2 of Article 5 of this Agreement.
3. A request for provisional arrest shall be sent to the central authority of the Requested Party directly or through the International Criminal Police Organization (INTERPOL). Such a request can be transmitted using technical means of communication. The original request must be sent simultaneously by mail or through diplomatic channels.
4. The arrested person is subject to release if, within forty (40) days after the arrest, the Requested Party does not receive an extradition request and the documents specified in Article 5 of this Agreement. Release should not prevent re-arrest and extradition if an extradition request is subsequently received.
Article 7 Special rule
1. A person extradited in accordance with this Agreement shall not be subject to criminal prosecution, conviction, punishment or restriction of personal freedom in any way in the territory of the Requesting Party for an offence committed prior to his extradition, with the exception of an offence for which extradition has been granted, except in the following cases:
(a) If the Requested Party agrees to this. For this purpose, an appropriate request is sent, which must be accompanied by the documents provided for in Article 5 of this Agreement and a protocol on any statement made in this regard by the extradited person. Consent is given in cases where the crime for which extradition is requested is the basis for extradition in accordance with this Agreement.;
b) if the person had the opportunity to leave the territory of the Requesting Party, but did not do so within thirty (30) days after the final release from responsibility for the crime in connection with which the person was extradited, or if the person voluntarily returned to the territory of the Requesting Party.
2. If the qualification of the crime for which the person was extradited has been changed, then the extradited person is not subject to criminal prosecution or judicial proceedings, except in cases where the crime in his modified qualification falls under extradition in accordance with this Agreement and is related to the same facts that are the subject of the extradition request.
Article 8
Transfer of a person to a third State
The Requesting Party may not, without the consent of the Requested Party, transfer to a third State a person who has been extradited to the Requesting Party and requested by the said third State in respect of crimes committed prior to his extradition.
Article 9concuring requests
If the extradition of the same person is requested simultaneously by more than one State for the same or for different crimes, the Requested Party shall decide at its discretion, taking into account all the circumstances, especially the nationality of the wanted person, the possibility of subsequent extradition between the requesting States, the date of receipt of extradition requests, the gravity of the crimes committed and the place of their commission..
Article 10
Decision on the extradition request
1. The central authority of the Requested Party shall immediately inform the central authority of the Requesting Party of its decision regarding the extradition request.
2. The reasons for the decision to refuse must be justified.
3. In the event of a positive decision on the extradition request, the central authorities of the Parties shall agree on the most appropriate method, place and date for transfer.
4. With the exception of the case provided for in paragraph 5 of this Article, the Requested Party may release the person to be extradited if such person has not been transferred within thirty (30) days from the date agreed by the Parties. Such release should not prevent the person from being re-arrested and extradited for the same crime.
5. If circumstances beyond the control of the Parties do not allow the Parties to transfer or accept the extradited person, the other Party shall be notified. In this case, the Parties shall agree on a new date for the transfer of the extradited person to whom the provisions of paragraph 4 of this article apply.
Article 11
Postponement of extradition or temporary extradition
1. After making a decision on the extradition request, the Requested Party has the right to postpone the transfer of the extradited person, who is being prosecuted in the territory of the Requested Party or is serving a sentence for committing a crime other than the one for which extradition is requested. In such a case, the Requested Party shall immediately notify the Requesting Party.
2. Instead of postponing the transfer of the extradited person, the Requested Party may temporarily extradite him to the Requesting Party in accordance with the terms agreed upon by the Parties.
Article 12
Notification of the results of criminal prosecution
The Requesting Party shall inform the Requested Party of the results of the criminal prosecution carried out against the extradited person and, upon request of the Requested Party, provide a copy of the final decision.
Article 13
Withdrawal and transfer of items
1. The Requested Party, in accordance with its legislation, without prejudice to the rights of third parties and at the request of the Requesting Party, may seize and transfer to the Requesting Party items that:
(a) May be required as evidence relevant to the offence for which extradition is sought;
(b) Were acquired as a result of the commission of the extradition offence and were owned by the wanted person.
2. The items listed in paragraph 1 of this article may be transferred even if the extradition request is refused or the transfer of the extradited person cannot be carried out due to the death, illness or escape of this person.
3. If the said items are subject to seizure or confiscation in the territory of the Requested Party in connection with a criminal case pending before it, the Requested Party may transfer these items subject to return.
4. Any rights held by the Requested Party or third parties with respect to the items are retained. Upon presentation of such rights, the transferred items are returned as soon as possible after the completion of the proceedings without any claims to the Requested Party.
Article 14
Transit
1. Either Party has the right to allow transit through its territory of persons extradited by a third State, provided that transit does not contradict its national legislation and does not infringe on its interests.
2. The transit request must contain the data of the person to be transported in transit, including information on nationality, if known, a brief description of the circumstances of the crime committed by the wanted person, indicating the date and place of its commission, and also be accompanied by a copy of the document confirming the extradition of the person to a third State.
3. A transit Party may refuse to satisfy a transit request if the person being transported is its national.
4. 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 was performed on the territory of a Transit Party, it may require the other Party to submit a transit request provided for in this Article.
5. A person's transit permit includes the detention of the person being transported during transit.
6. If the transported person is being held in custody in accordance with paragraph 5 of this Article, the transit Party may release him if the transit transportation of the person has not been carried out within fifteen (15) days after his arrival.
7. The requesting Party is obliged to reimburse the other Party for any expenses incurred by the other Party in connection with the transit.
Article 15
Central authorities
1. For the purposes of this Agreement, the Parties shall cooperate through diplomatic channels or directly through central authorities. The central authority for the Republic of Kazakhstan is the Prosecutor General's Office, for the Kingdom of Morocco - the Ministry of Justice.
2. Each Party informs the other Party through diplomatic channels about any changes and additions regarding the central authorities.
Article 16
Expenses
The costs of extradition procedures in the territory of the Requested Party shall be borne by that Party.
The costs of transportation and transit in connection with the transfer of the person to be extradited, as well as the seized items, shall be borne by the Requesting Party.
Article 17
Language
1. Within the framework of this Agreement, requests and supporting documents are accompanied by a translation into the language of the Requested Party or into English.
2. Responses to requests, as well as supporting documents, are accompanied by a translation into the language of the Requesting Party or into English.
Article 18
Exemption of documents from certification and legalization
For the purposes of this Agreement, any documents sent by the central authorities of the Parties, signed and stamped, are exempt from any other further certification and legalization.
Article 19
The relationship of this agreement with other international treaties
This Agreement does not affect the rights and obligations of the Parties arising from any other international treaties to which they are parties.
Article 20
Dispute resolution
Any disputes arising in connection with the interpretation or implementation of this Agreement shall be resolved through negotiations between the central authorities of the Parties.
Article 21
Application of the agreement
This Agreement applies to requests sent after its entry into force, even if the relevant crimes were committed before that date.
Article 22
Final provisions
1. This Agreement is subject to ratification.
2. This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.
3. This Agreement may be amended and supplemented by mutual agreement of the Parties, formalized by separate protocols, which are integral parts of this Agreement and enter into force in accordance with the procedure established by paragraph 2 of this Article.
4. 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.
5. In case of termination of this Agreement, any procedure initiated during its validity period remains in force until its full implementation.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.
Done in Rabat on December 12, 2024, in two original copies each in the Kazakh, Arabic and English languages, all texts being equally authentic.
In case of discrepancies between the texts, the Parties refer to the English text.
For the Republic of Kazakhstan For the Kingdom of Morocco
I confirm the authenticity of the text of the Extradition Agreement between the Republic of Kazakhstan and the Kingdom of Morocco, signed in Rabat on December 12, 2024 in Kazakh, Arabic and English, with the text in Russian.
Acting Head of the International Legal Cooperation Service of the General Prosecutor's Office of the Republic of Kazakhstan
R. Raykhanov
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