On the ratification of the Inter-American Convention on Mutual Assistance in Criminal Matters

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The Law of the Republic of Kazakhstan dated September 21, 2015 No. 351-V SAM

Article 1. To ratify The Inter-American Convention on Mutual Assistance in Criminal Matters, adopted in Nassau on May 23, 1992.  Article 2. To designate the Prosecutor General's Office of the Republic of Kazakhstan as the central body on behalf of the Republic of Kazakhstan.

President of the Republic of Kazakhstan N. NAZARBAYEV

Certificate

Luis Toro Utillano, Senior Law Officer, Department of International Law, Secretariat of Legal Affairs, Organization of American States, hereby confirms the following: 1. In accordance with Article 112.f of the Charter of the Organization of American States, the General Secretariat of the Organization serves as the depositary of Inter-American treaties and agreements, as an instrument for their ratification; 2. The submitted document, consisting of 58 pages, is a valid and accurate copy of the authentic text in English, French, Portuguese and Spanish of the Inter-American Convention on Mutual Assistance in Criminal Matters, signed on May 23, 1992 in Nassau, Commonwealth of the Bahamas. The signed originals of these texts are kept by the depository of the General Secretariat of the Organization of American States. The undersigned issues this certificate at the request of the Embassy of the Republic of Kazakhstan in Washington, D.C.

Luis Toro Utillano Senior Law Officer Responsible for Contracts Department of International Law

Washington, D.C., November 5, 2014

Office of the General Secretariat

INTER-AMERICAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

The preamble

Bearing in mind that article 2 of the Charter of the Organization of American States establishes that the main goal of the American States is "to find solutions to political, legal and economic problems that may arise between them" and the adoption of common rules in the field of mutual legal assistance in criminal matters will contribute to achieving this goal.,

MEMBER STATES OF THE ORGANIZATION OF AMERICAN STATES

Hereby adopt the following Inter-American Convention on Mutual Assistance in Criminal Matters:

CHAPTER I GENERAL PROVISIONS

Article 1 PURPOSE OF THE CONVENTION

The Participating States undertake to provide each other with mutual assistance in criminal matters in accordance with the provisions of this Convention.

Article 2 SCOPE AND APPLICATION OF THE CONVENTION

Participating States should provide mutual assistance to each other in the investigation, prosecution and conduct of offences for which the requesting State has jurisdiction at the time of the request for assistance. This Convention does not authorize any State Party to carry out in the territory of another State Party the exercise of jurisdiction or the performance of functions that are within the exclusive competence of the authorities of another Party in accordance with its domestic law. This Convention applies exclusively to mutual assistance between the participating States. Its provisions do not give any rights to any private person to obtain or exclude any evidence or to prevent the execution of any request for assistance.

Article 3 CENTRAL AUTHORITY

Each State shall designate a central authority at the time of signature or ratification of this Convention or accession to this Convention. The central authorities are responsible for sending and receiving requests for assistance. For the purposes of this Convention, the central authorities shall interact directly with each other.

Article 4

Given the diversity of the legal systems of the participating States, the provision of assistance provided for in this Convention should be based on requests for cooperation from authorities responsible for criminal investigation or prosecution in the requesting State.

Article 5 DUAL JURISDICTION

Assistance must be provided, even if the act that leads to it is not punishable under the law of the requested State. If the request for assistance relates to the following measures: (a) seizure of property and seizure of property, and (b) searches and seizures, including house searches, the requested State may refuse assistance if the act that is the reason for the request is not punishable under its law..

Article 6

For the purposes of this Convention, the act that is the reason for the request must be punishable by imprisonment for a term of one year or more in the requesting State.

Article 7 SCOPE OF APPLICATION

The assistance provided for in this Convention includes the following procedures, including: but. notification of rulings and court decisions; b. obtaining testimony or statements from individuals; c. inviting eyewitnesses and witnesses to testify; d. divestment of property and seizure of property, suspension of asset transactions and assistance in procedures related to divestment; e. searches and seizures; f. examination of facilities and places; d. delivery of court documents; h. forwarding of documents, reports, information and data; i. transfer of detainees for the purposes of this Convention; and j. any other procedure provided for by agreement between the requesting and requested States.

Article 8 MILITARY CRIMES

This Convention does not apply to crimes related exclusively to military law.

Article 9 REFUSAL OF ASSISTANCE

The requested State may refuse to provide assistance if it determines that: a. A request for assistance is used for the purpose of prosecuting a person on charges for which that person has already been convicted or acquitted in a court of the requesting or requested State; b. The investigation was initiated with the aim of criminalizing, punishing, or discriminating in any form against an individual or group of individuals on the basis of their gender, race, social status, nationality, religion, or ideology; c. the request relates to a political crime or is related to a political crime, or a general crime prosecuted for political reasons; d. the request was issued at the request of a special tribunal or an ad hoc tribunal; e. public policy (ordre public), sovereignty, security, or basic public interests were harmed; and f. the request relates to a tax crime. However, assistance must be provided if the offence was committed by deliberately making an incorrect oral or written statement, or by deliberately failing to declare the proceeds of any other offence provided for in this Convention in order to conceal such proceeds.

CHAPTER II REQUESTS FOR ASSISTANCE, PROCESS AND EXECUTION

Article 10 REQUESTS FOR ASSISTANCE

Requests for assistance submitted by the requesting State must be submitted in writing and executed in accordance with the domestic law of the requested State. The procedures specified in the request for assistance are carried out in accordance with the procedure determined by the requesting State to the extent that the legislation of the requested State will not be violated.

Article 11

The requested State may defer the execution of any request that has been sent to it, explaining the reasons for such postponement, if it is necessary to continue the investigation or judicial proceedings in the requested State.

Article 12

Documents and items submitted in accordance with the request for assistance are returned to the requested State as soon as possible, unless the latter party decides otherwise.

Article 13 SEARCH, SEIZURE, CONFISCATION AND TRANSFER OF PROPERTY

The requested State may make a request for the search, seizure, confiscation and transfer of any objects, documents, records or property if the competent authority determines that the request contains information justifying the proposed measures. This measure should be subject to the procedural and substantive legislation of the requested State. In accordance with the provisions of this Convention, the requested State, in accordance with its legislation, decides which requirements must be met in order to protect the interests of third parties on the items to be transferred.

Article 14 ASSET PROTECTION MEASURES

The central authority of each party may transmit to the central authority of the other party information on the existence of proceeds, consequences or instruments of crime in the territory of the other party.

Article 15

The parties must assist each other, in accordance with their domestic legislation, in preventive measures and measures to preserve the proceeds, consequences or instruments of crime.

Article 16 DATE, PLACE AND METHOD OF EXECUTION OF THE REQUEST FOR ASSISTANCE HELP

The requested State shall establish the date and place of execution of the request for assistance and inform the requesting State accordingly. Officials and interested parties of the requesting State or their representatives may, by notifying the central authority of the requested State, attend and participate in the execution of the request for assistance, unless prohibited by the legislation of the requested State, and provided that the authorities of the requested State give their consent to this.

CHAPTER III THE PRESENTATION OF COURT DECISIONS, JUDGMENTS AND SENTENCES, AND THE PRESENCE OF EYEWITNESSES AND WITNESSES

Article 17

At the request of the requesting State, the requested State must serve documents on decisions, court orders or other documents issued by the competent authorities of the requesting State.

Article 18 TESTIMONY IN THE REQUESTED STATE

At the request of the requesting State, any person located in the requested State may be summoned to the competent authorities in accordance with the laws of the requested State to testify or provide documents, records or evidence.

Article 19 TESTIMONY IN THE REQUESTING STATE

If the requesting State requires that a person be present on its territory to give evidence or report, the requested State must invite the eyewitness or witness to appear voluntarily without threats or coercive measures before the appropriate authority of the requesting State. If deemed necessary, the central authority of the requested State may make a written record of the person's desire to speak in the requesting State. The central authority of the requested party shall immediately notify the central authority of the requesting State of the person's response.

Article 20 TRANSFER OF PERSONS SUBJECT TO CRIMINAL PROSECUTION

A person subject to criminal proceedings in the requested State, whose presence in the requesting State is necessary for the purpose of providing assistance in accordance with this Convention, may be temporarily transferred to the requesting State for this purpose if that person and the requested State agree to the transfer. A person subject to criminal prosecution in the requesting State, whose presence in the requested State is necessary for the purpose of providing assistance in accordance with this Convention, may be temporarily transferred to the requested State if the person and both States agree. The above measures may be refused for the following reasons, in particular: a. if the person in custody or serving a sentence does not consent to the transfer; b. if his presence is necessary for investigations or criminal proceedings that are being conducted under the jurisdiction to which he is subject at that time; c. there are other reasons, legal or otherwise, as determined by the competent authority of the requested or requesting State. For the purposes of this article: a. The receiving State has the right and obligation to keep the transferred person in custody, unless otherwise provided by the sending State; b. The receiving State undertakes to return the transferred person to the sending State as soon as circumstances may permit, unless otherwise agreed by the central authorities of the two States; c. The sending State does not need to initiate extradition proceedings for the return of the transferred person; d. The transferred person may receive bail to serve the sentence imposed in the sending State while serving the sentence in the receiving State. state; and e. The duration of the period spent by a person in the receiving State should not exceed the remaining time for serving the sentence or 60 days, whichever is shorter, if the person and both States agree to extend the period.

Article 21 TRANSIT

The Parties will, to the extent possible, facilitate the movement through their territories of the persons referred to in the previous article, provided that the relevant central authority is notified in advance of such transit and if such persons are accompanied by employees of the requesting State. Advance notification is not required if air transport is used and no landing is planned on the territory of one of the parties.

Article 22 GUARANTEE OF INVIOLABILITY

The appearance or movement of a person who has consented to give evidence or a statement in accordance with the provisions of this Convention is required, if the person or the sending State requests prior to such appearance or movement, that the receiving State provide a guarantee of inviolability, according to which the person, while in the receiving State, will not: a. detained, subject to criminal prosecution for crimes committed before he left the territory of the sending State; b. must give evidence or statements on issues not specified in the request.; c. detained or subject to criminal prosecution on the basis of his statements, with the exception of showing contempt of court and perjury. The guarantee of inviolability specified in the previous paragraph does not apply if a person voluntarily extends his stay in the territory of the receiving State for more than 10 days after his presence in that State is no longer necessary, which is reported to the sending State.

Article 23

With regard to witnesses or experts, documents containing relevant questions and questionnaires will be sent as far as possible and necessary.

CHAPTER IV TRANSFER OF INFORMATION AND RECORDS

Article 24

In cases of assistance provided in accordance with this Convention, the requested State, upon request and in accordance with its internal procedures, shall provide the requesting State with copies of official documents, records or information held by government authorities or departments of the requested State. The requested State provides copies of all documents, records or other information held by government agencies or departments of that State that are not official, to the same extent and in the manner in which they provide them to law enforcement or judicial authorities. The requested State may, at its discretion, partially or completely refuse to satisfy any request made in accordance with the provisions of this paragraph.

Article 25 RESTRICTIONS ON THE USE OF INFORMATION OR EVIDENCE

The requesting State may not disclose or use information and evidence obtained during the application of this Convention for purposes not reflected in the request for assistance without the prior consent of the central authority of the requested State. In exceptional cases, if the requesting State needs to fully or partially disclose and use information or evidence for purposes not specified in the request, it requests appropriate confirmation from the requested State, which may, at its discretion, fully or partially consent to or refuse such a request. Information or evidence that must be disclosed or used as necessary to properly carry out the procedure or formalities specified in the request does not need to be confirmed as mentioned in this article. If necessary, the requested State may request that the information or evidence remain confidential in accordance with the conditions established by the central authority. If the requesting party is unable to accept such a request, the central authorities will consult to determine mutually beneficial confidentiality conditions.

CHAPTER V PROCEDURE

Article 26

Requests for help should contain the following information: a. the crime in respect of which the proceedings are being conducted, a short description of the essential facts of the crime, the investigation, the prosecution and a description of the facts raised in the request; b. judicial proceedings leading to a request for assistance, with an accurate description of those proceedings; c. where appropriate, a description of the judicial proceedings or other specific requirement of the requesting State; d. an accurate description of the assistance requested and the information necessary to fulfill the request. If the requested State is unable to comply with the request for assistance, it shall return the request to the requesting State with justification of the reasons. The requested State may request additional information to facilitate the execution of the request in accordance with its national legislation. If necessary, the requesting State shall act in accordance with the provisions of the last paragraph of article 24 of this Convention.

Article 27

Documents executed by central authorities in accordance with this Convention are exempt from certification or authentication.

Article 28

Requests for assistance and accompanying documents must be translated into the official language of the requested State.

Article 29

The requested State will bear all the costs of executing the request in its territory, with the exception of those listed below, which are borne by the requesting State: a. Expert fees; b. Travel and other transportation costs from one country to another. In the event of unforeseen expenses, States shall consult to determine the terms of the assistance provided.

Article 30

As necessary and appropriate, the parties may exchange information on issues related to the application of this Convention.

Article 31

The Parties shall be guided by national legislation in the settlement of damage caused by the actions of the authorities in the implementation of this Convention. The Parties shall not be liable for damage caused by the actions of the other party in the formulation or execution of requests under this Convention.

CHAPTER VI FINAL PROVISIONS

Article 32

This Convention is open for signature by the member countries of the Organization of American States.

Article 33

This Convention is subject to ratification. The instruments of ratification will be kept in the General Secretariat of the Organization of American States.

Article 34

This Convention is open for accession by any other State. The instruments of accession will be kept in the General Secretariat of the Organization of American States.

Article 35

Each State may have reservations to this Convention at the time of signature, approval, ratification or accession, taking into account that each reservation relates to at least one specific provision and does not contradict the object and purpose of the Convention.

Article 36

This Convention shall not be interpreted as affecting or limiting the obligations of the parties under other international, bilateral or multilateral conventions that contain provisions in whole or in part on certain aspects of international legal assistance in criminal matters or more acceptable practices that these States may use in this matter.

Article 37

This Convention shall enter into force on the thirtieth day after the deposit of the second instrument of ratification. For each State that has ratified or acceded to the Convention, after the deposit of the second instrument of ratification, the Convention enters into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession.

Article 38

If a party has two or more territorial units in which matters relating to this Convention are governed by different legal systems, it shall declare this at the time of signature, ratification or accession, regardless of whether this Convention applies to all territorial units or only to one or more of them. Such statements may be modified by substitute statements that indicate the territorial unit or unit where the Convention applies. Such substitute declarations shall be transmitted to the General Secretariat of the Organization of American States and shall enter into force thirty days after the date of its receipt.

Article 39

This Convention is valid for an indefinite period, with either party having the right to terminate it. The instrument of denunciation is transferred to the General Secretariat of the Organization of American States. Upon the expiration of one year after the transfer of the instrument of denunciation, the Convention ceases to be valid for the denounced State, but remains valid for other parties.

Article 40

The original of this Convention, the texts of which are authentic in English, French, Portuguese and Spanish, will be deposited with the General Secretariat of the Organization of American States, which will forward authentic copies of the text to the General Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. The General Secretariat of the Organization of American States will inform the Member States of this Organization and the States that have joined the Convention about signatures and custody of instruments of ratification, accession and denunciation, as well as reservations, if any. He will also transmit to them the declarations referred to in article 38 of this Convention.

I certify that the present text of the Inter-American Convention on Mutual Assistance in Criminal Matters, signed on May 23, 1992 in Nassau, Commonwealth of the Bahamas, in Russian and Kazakh, corresponds to the text of the copies of the said Convention in English, certified by the Ministry of Foreign Affairs of the Republic of Kazakhstan.

Kazakhstan Republicsbas Prosecutor's office syn Halykaralyk yntymaktasty departmentbastygyn orynbasary A.Nurbekov

President

Republic of Kazakhstan

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