On the ratification of the Treaty between the Republic of Kazakhstan and the French Republic on Mutual Legal Assistance in Criminal Matters

Home / RLA / On the ratification of the Treaty between the Republic of Kazakhstan and the French Republic on Mutual Legal Assistance in Criminal Matters

The Law of the Republic of Kazakhstan dated February 15, 2023 No. 200-VII SAM.

To ratify the Agreement between the Republic of Kazakhstan and the French Republic on Mutual Legal Assistance in Criminal Matters, signed in Nur-Sultan on October 28, 2021.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Republic of Kazakhstan and the French Republic on Mutual Legal Assistance in Criminal Matters

The Republic of Kazakhstan and the French Republic, hereinafter referred to as the "Parties",

Desiring to increase the effectiveness of cooperation in the field of mutual legal assistance in criminal matters between the two countries,

We have agreed on the following provisions:

Article 1 Scope of application

1. In accordance with the provisions of this Agreement, the Parties undertake to provide each other with the widest possible mutual legal assistance in any proceedings relating to criminal offenses, the suppression of which, at the time of requesting mutual assistance, falls under the jurisdiction of the judicial authorities and bodies performing the functions of criminal prosecution (hereinafter referred to as the "competent authorities") of the requesting Party.

2. Mutual legal assistance is also provided:

a) on civil claims in criminal cases until the judicial institution for criminal cases has issued a final decision on the criminal case;

b) for notification of judicial communications concerning the execution of a punishment or preventive measure, the collection of a fine or the payment of court costs.

3. This Agreement does not apply:

(a) To enforce decisions on the arrest and extradition of persons;

(b) The execution of criminal sentences, other than the execution of confiscation measures;

Article 2 Restrictions on the provision of mutual assistance

1. Mutual legal assistance should be denied.:

(a) If the requested Party has serious grounds to believe that mutual assistance has been requested for the purpose of persecuting or punishing a person on the basis of sex, religion, nationality, ethnic origin, membership of a particular social group, ideology or political beliefs, or that the situation of that person may worsen for one of these reasons;

b) if the request relates to offences that the requested Party considers to be political offences or offences related to such;

(c) If the offence in respect of which mutual assistance is requested is considered by the requested Party to be exclusively a military offence;

(d) If the criminal prosecution or punishment has expired due to the expiration of the statute of limitations in accordance with the legislation of the requested Party. Actions performed in the requesting Party that lead to the interruption or suspension of the limitation period shall be taken into account by the requested Party to the extent permitted by its legislation.;

e) if the person concerned has been definitively convicted, acquitted, amnestied or pardoned in the territory of the requested Party for the acts specified in the request.;

(f) If the purpose of the request is to provide assistance involving the use of coercive measures, and the alleged acts or omissions would not constitute an offence if they took place in the territory of the requested Party, however, the latter may still provide assistance in the absence of mutual recognition of the relevant act as a criminal offence, if its domestic legislation allows this;

g) if the offence specified in the request is punishable by death or any other punishment contrary to the public policy of the requested Party, in accordance with the legislation of the requesting Party, unless the requesting Party provides guarantees deemed sufficient by the requested Party that this punishment will not be requested and, if imposed, will not be carried out.;

(h) If the suspected person is to be tried in the requesting Party by a judicial authority that does not provide basic guarantees of judicial proceedings and protection of the rights to defense, or by a judicial authority established to consider his specific case.

2. Mutual legal assistance may be refused:

a) if the requested Party considers that the execution of the request may prejudice the sovereignty, security, public order or other essential interests of its country;

(b) If the purpose of the request is to take measures of confiscation, and the acts that gave rise to the request do not constitute an offence allowing such confiscation, according to the legislation of the requested Party.

3. Mutual legal assistance cannot be denied:

a) only on the grounds that the request relates to acts or offences that may entail the liability of a legal entity of the requesting Party;

b) only on the grounds that the request relates to an offence that the requested Party classifies as a tax offence;

c) on the grounds that the legislation of the requested Party does not establish the same type of taxes or fees or does not provide for the same type of tax, customs and currency regulation as the legislation of the requesting Party.

4. The requested Party may not invoke bank secrecy as a basis for refusing any cooperation in relation to a request for mutual legal assistance.

5. The requested Party may postpone the provision of mutual legal assistance if the execution of the request may interfere with the ongoing investigation or criminal prosecution in its territory.

6. Before refusing mutual assistance or postponing its provision, the requested Party:

(a) Promptly inform the requesting Party of the existing grounds for considering refusal or postponement of assistance;

(b) Consult with the requesting Party to decide whether mutual assistance can be provided in the manner and under the conditions it deems necessary.

If the requesting Party accepts mutual assistance in accordance with the procedure and conditions set out in subparagraph (b), it must comply with them.

7. If the requested Party does not fully or partially satisfy the request for mutual assistance or delays its execution, it shall promptly inform the requesting Party and inform it of the reasons for this.

Article 3 Central authorities

1. Requests for mutual assistance submitted in accordance with this Treaty and reports of offences for the purpose of criminal prosecution provided for in Article 19 shall be sent directly by the Central Authority of the requesting Party to the Central Authority of the requested Party, and responses shall be sent in the same manner.

2. The central authority is:

for the Republic of Kazakhstan - the Prosecutor General's Office;

For the French Republic, it is the Ministry of Justice.

3. Any changes concerning the appointment of a Central Authority shall be notified to the other Party through diplomatic channels.

4. The central authority of the requested Party shall promptly execute requests for mutual assistance or, if necessary, forward them to its competent authorities for execution.

Article 4 Competent authorities

1. The competent authorities for the implementation of this Agreement are:

for the Republic of Kazakhstan - judicial authorities and bodies performing the functions of criminal prosecution;

for the French Republic, the judicial authorities.

2. Any changes concerning the appointment of these bodies shall be notified to the other Party through diplomatic channels.

Article 5 Content and form of requests for mutual assistance

1. Requests for mutual assistance must contain the following information:

a) the name of the body sending the request and/or the name of the body conducting the proceedings;

(b) The purpose and reason for the request, including a summary of the facts, indicating, in particular, the date, place and circumstances of their commission;

(d) To the extent possible, information on the identity and nationality of the person being investigated;

e) if necessary, the name and address of the recipient.

2. If necessary, requests for mutual assistance also include:

(a) Any requirement for confidentiality in accordance with article 23;

(b) Details of any specific procedure that is desirable for the requesting Party;

(d) The names and functions of the authorities whose representatives are requested by the requesting Party to be present during actions carried out in the territory of the requested Party with the latter's permission;

e) any other document necessary to fulfill the request, or any other information that may facilitate its execution, for example: a list of questions to be asked; as accurate a description as possible of the property to be searched, seized or confiscated, as well as its location, if known.

3. Requests for mutual assistance shall be made in writing or by any means possible to obtain their written confirmation, under conditions that allow the receiving Party to verify their authenticity.

4. The requesting Party shall ensure that the request and all accompanying documents are translated into the official language of the requested Party.

Article 6 Execution of requests for mutual assistance

1. Requests for mutual assistance shall be executed in accordance with the legislation of the requested Party.

2. At the request of the requesting Party, the requested Party shall comply with the formalities and procedures clearly specified by the requesting Party, unless otherwise provided in this Agreement, and provided that such formalities and procedures do not contradict the fundamental principles of the law of the requested Party.

3. If the requesting Party wishes the persons whose hearing is requested to testify under oath, it shall clearly state this request, and the requested Party shall grant it, if this is not contrary to its legislation.

4. The requested Party shall execute the request for mutual assistance as soon as possible, taking into account as much as possible the procedural or other time limits specified by the requesting Party. In appropriate cases, any circumstance that may lead to a significant delay in the execution of the request shall be promptly brought to the attention of the requesting Party by the requested Party.

5. In the event that the request cannot be executed in part or in full, the requested Party shall immediately notify the requesting Party and indicate the conditions under which the request could be executed. Subsequently, the Parties may agree on further actions regarding the request, as appropriate, depending on compliance with the specified conditions.

6. If it is foreseeable that the time limit set by the requesting Party for the execution of its request will not be able to be met, and if the reasons set out in subparagraph (c) of paragraph 2 of Article 5 specifically indicate that any delay would significantly complicate the proceedings being conducted in the requesting Party, the requested Party shall immediately indicate the time that it considers necessary for the execution of the request. The requesting Party shall immediately inform whether, nevertheless, the request remains in force. The Parties can then agree on further actions regarding the request.

7. If the requesting Party explicitly requests this, the requested Party shall inform it of the date and place of execution of the request. If the competent authorities of the requested Party agree to this, representatives of the authorities of the requesting Party or persons mentioned in the request may be present during the execution of the request. To the extent permitted by the law of the requested Party, representatives of the authorities of the requesting Party or persons mentioned in the request may interrogate or ensure the interrogation of a witness or expert.

8. If representatives of the requesting Party's authorities or persons mentioned in the request are present during the execution of the request, they may be provided with a certified copy of the documents on its execution.

9. The requested Party may transmit only certified copies of the requested files or documents. However, if the requesting Party explicitly requests that the originals be handed over to it, this request is granted to the maximum extent possible.

10. The requested Party may delay the transfer of the requested items, files or documents if they are necessary to it for the ongoing criminal proceedings.

11. Physical evidence, originals of cases and documents transferred pursuant to a request for mutual assistance shall be kept by the requesting Party, unless the requested Party has requested their return.

Article 7 Additional requests

1. If the requested Party considers it appropriate to carry out investigative actions that were not originally planned or that could not have been specified at the time of the request, it shall immediately inform the requesting Party so that the latter can take further measures.

2. If the competent authority of the requesting Party makes a request for mutual assistance that complements the previous request, it is not obliged to re-communicate the information previously provided in the initial request. The additional request must contain the information necessary to identify the original request.

3. If a representative of the competent authority that sent the request is present during its execution in the requested Party, he may send an additional request directly to the competent authority of the requested Party while he is in the territory of that Party.

4. In this case, he/she sends a copy of the additional request to the Central Authority of the requesting Party, which transmits it to the Central Authority of the requested Party as soon as possible.

Article 8 Appearance of a witness or expert before the competent authorities of the requesting Party

1. If the requesting Party considers that the personal appearance of a witness or expert to its competent authorities is particularly necessary, it shall indicate this in the request for a summons, and the requested Party shall invite this witness or expert to appear before the designated authorities. The requested Party shall inform the requesting Party of the witness or expert's response.

2. In the case provided for in paragraph 1, the request or summons shall indicate the approximate amount of compensation due, as well as reimbursable travel and travel expenses.

3. If requested, the requested Party may agree to provide an advance payment to the witness or expert. The amount of the advance is indicated in the summons and reimbursed by the requesting Party.

4. A witness or expert who fails to appear before the relevant authorities on a summons, the delivery of which has been requested, may not, even if the summons contains relevant instructions, be subjected to any punishment or measure of coercion, unless he subsequently voluntarily goes to the territory of the requesting Party and is again duly summoned there by a summons.

5. In the event that one of the Parties makes a request for mutual assistance in relation to a witness in need of protection, the competent authorities of the Parties may agree on measures to protect the person concerned.

6. The compensation due, as well as travel and travel expenses reimbursed to the witness or expert by the requesting Party, are calculated from his place of residence and are paid at rates not lower than those provided for by regulations in force in the territory of the Party where the hearing is to take place.

Article 9 Immunities

1. No witness or expert, regardless of his nationality, who appears on a summons to the competent authorities of the requesting Party, may be subjected to criminal prosecution, imprisonment or any other restriction of his personal freedom in the territory of that Party in connection with acts or sentences that took place prior to his departure from the territory. of the requested Party.

2. No person, regardless of his nationality, who has been summoned to the competent authorities of the requesting Party to answer for the acts on the basis of which criminal proceedings are being conducted against him, may be subjected to criminal prosecution, imprisonment or any other restriction of his personal freedom in connection with acts or sentences that took place before his departure from the territory of the requested Party and not indicated in the summons.

3. The immunity provided for in this article shall be terminated if the witness, expert or accused, being able to leave the territory of the requesting Party within the next fifteen days after his presence was no longer required by the competent authorities, nevertheless remained in that territory or, having left it, returned back.

4. In accordance with their legislation, the Parties may agree on the necessary means to ensure the safety of witnesses, experts or the accused. Similarly, in accordance with their domestic legislation, they may agree on other measures aimed at protecting their privacy.

Article 10 Conducting a hearing by videoconference

1. If a person located in the territory of one of the Parties is to be heard as a witness or expert by the competent authorities of the other Party, the latter may, if it is impractical or impossible for the person being heard to appear in person on its territory, request a hearing via videoconference in accordance with the provisions of this article.

2. The requested Party agrees to a hearing by videoconference, provided that the use of this method does not contradict the fundamental principles of its law and it has the technical means to conduct the hearing.

3. Requests for a hearing by videoconference must contain, in addition to the information specified in paragraphs 1 and 2 of Article 5, the reason why the personal presence of a witness or expert at the hearing is undesirable or impossible, and the name of the competent authority and the names of the persons who will conduct the hearing.

4. The competent authority of the requested Party shall summon the relevant person to a hearing in accordance with the procedure provided for by its legislation.

5. The following rules apply to hearings conducted via videoconference:

(a) The hearing shall take place in the presence of a representative of the competent authority of the requested Party, who, if necessary, shall be assisted by an interpreter. This representative is responsible for establishing the identity of the person being heard and observing the fundamental principles of the law of the requested Party. If a representative of the competent authority of the requested Party considers that the fundamental principles of the law of that Party are not being respected during the hearing, he/she shall immediately take the necessary measures to ensure that the hearing continues in accordance with these principles.;

b) representatives of the competent authorities of both Parties, if necessary, agree on measures to protect the person being heard.;

(c) The hearing is conducted directly by or under the direction of the competent authority of the requesting Party in accordance with its domestic law;

(d) At the request of the requesting Party or the person being heard, the requested Party shall provide that person with the opportunity, if necessary, to use the assistance of an interpreter.;

(e) The person being heard may invoke the right to refuse to testify, which is recognized for him under the legislation of the requested or requesting Party.

6. Without prejudice to any agreed measures for the protection of persons, a representative of the competent authority of the requested Party shall, at the end of the hearing, draw up a protocol indicating the date and place of the hearing, the identity of the person heard, the identity and positions of all other persons of the requested Party who participated in the hearing, possible oaths taken and the technical conditions under which the hearing took place. The competent authority of the requested Party shall forward this document to the competent authority of the requesting Party.

7. The costs of establishing video communications, the costs associated with making video communications available in the requested Party, the remuneration of interpreters provided by it and the compensation paid to witnesses and experts, as well as their travel expenses in the requested Party, shall be reimbursed by the requesting Party to the requested Party, unless the latter refuses to reimburse all or part of these costs.

8. In the event that witnesses or experts are heard in the territory of one of the Parties in accordance with this article and refuse to testify, being obliged to do so, or give false testimony, each of the Parties shall take the necessary measures to ensure that its national legislation is applied in such a way as if the hearing were held within the framework of national judicial proceedings.

9. If their domestic legislation allows it, both Parties may also apply the provisions of this article to hearings conducted by videoconference involving a person being prosecuted. Such hearings may be held only with the consent of the person being prosecuted. The decision to hold a videoconference and the method of its holding should be agreed upon between the competent authorities of the Parties and comply with their domestic legislation.

Article 11 Temporary transfer of persons in custody for the purpose of mutual assistance

1. Any person in custody of the requested Party, whose personal appearance as a witness or for a confrontation is requested by the requesting Party, is temporarily transferred to its territory, subject to his written consent and his return within the time limits specified by the requested Party.

2. The transfer may be refused:

(a) If the presence of that person is necessary in the context of criminal proceedings conducted in the territory of the requested Party;

(b) If his transfer may prolong his detention;

Article 12 Temporary transfer of persons in custody for the purpose of conducting an investigative action

In case of agreement between the Parties, the requesting Party, which has requested an investigative action requiring the presence of a person in custody on its territory, may temporarily transfer this person to the territory of the requested Party, subject to his written consent.

Article 13 General rules of articles 11 and 12

For the application of articles 11 and 12:

(a) The agreement between the Parties provides for the procedure for the temporary transfer of the person concerned and the period during which he must be returned to the territory of the Party where he was previously detained.;

(b) A statement of the consent of the person concerned or a copy thereof is immediately provided by the Party in whose territory the person is being held in custody.;

(c) The transferred person remains in custody in the territory of the Party to which he is being transferred, unless the Party in whose territory he was detained requests his release. The period of detention in the territory of the Party to which the person is transferred is deducted from the period of detention that the person must serve.;

(d) The provisions of article 9 shall apply mutatis mutandis;

(e) In the event of the escape of a person who has been transferred to the territory of another Party, the Party in whose territory the person was previously detained may request that a criminal investigation be initiated into this fact.

Article 14 Dispatch and delivery of judicial and procedural documents

1. The requested Party shall serve the procedural documents and court decisions, which are transmitted to it for this purpose by the requesting Party. Delivery can be made by simply handing over a document or a decision to the addressee. If the requesting Party specifically requests this, the requested Party shall deliver it in one of the ways provided for by its legislation for similar notifications or in a special way compatible with such legislation.

2. If there is reason to believe that the addressee of the document does not understand the language in which it is written, then this document or at least important excerpts from it should be translated into the language of the other Party. If the issuing authority knows that the addressee only knows another language, then the document or at least important excerpts from it should be translated into that language.

3. All judicial and procedural documents are accompanied by a message indicating that the addressee can receive information from the issuing authority or from other authorities of the relevant Party about their rights and obligations with respect to the document. Paragraph 2 also applies to this message.

4. The fact of delivery is confirmed by a receipt containing the date and signature of the addressee, or by a certificate from the requested Party certifying the fact of delivery, as well as the method and date of delivery. Any of these documents is immediately sent to the requesting Party. If the delivery has failed, the requested Party shall inform the requesting Party of the reason for this.

5. The provisions of this Article do not exclude the possibility of the Parties to ensure, through their representatives or persons authorized by them, the direct transfer of judicial and procedural documents intended for their own citizens.

6. Summonses to appear shall be sent to the requested Party no later than forty days before the scheduled appearance date. In urgent cases, the Central Authority of the requested Party may waive this condition within the time limit at the request of the Central Authority of the requesting Party.

Article 15 Request for information in the banking sector

1. At the request of the requesting Party, the requested Party shall provide as soon as possible all information concerning any kind of accounts located in any bank in its territory that are owned or controlled by an individual or legal entity that is under criminal investigation in the territory of the requesting Party.

2. At the request of the requesting Party, the requested Party provides information about certain bank accounts and banking transactions that were carried out during a certain period on one or more accounts specified in the request, including information about any donor or recipient account.

3. At the request of the requesting Party, the requested Party shall, for a specified period, monitor banking transactions carried out on one or more accounts specified in the request and report the relevant results to the requesting Party. The practical conditions for tracking are agreed upon by the competent authorities of the Parties.

4. The information referred to in paragraphs 1, 2 and 3 shall be provided to the requesting Party, even if it concerns accounts belonging to organizations acting in the form or on behalf of trust funds or any other instrument for managing trust assets in which the identity of the founders or beneficiaries is unknown.

5. The requested Party shall take the necessary measures to ensure that banks do not inform the relevant client and other third parties that the information has been transmitted to the requesting Party in accordance with the provisions of this article.

Article 16 Search, seizure and confiscation

1. The requested Party shall, to the extent permitted by its legislation, comply with requests for searches and seizures, as well as final decisions on confiscation issued by judicial authorities, which are sent to it by the requesting Party.

2. The requested Party shall inform the requesting Party of the results of the execution of such requests.

3. The requesting Party shall comply with any conditions established by the requested Party with respect to property transferred to the requesting Party.

Article 17 Property that can be seized and confiscated

1. Based on the request, the requested Party shall make efforts to establish whether the property, the seizure or confiscation of which is requested by the requesting Party, is under its jurisdiction, and shall inform the requesting Party of the results of its actions. In its request, the requesting Party shall inform the requested Party of the grounds on which it is convinced that such property may be under its jurisdiction.

2. If, in accordance with paragraph 1, property is discovered, the seizure or confiscation of which is requested, the requested Party shall take the necessary measures permitted by its legislation to prevent transactions with this property, its transfer or assignment before the judicial authority of the requesting Party makes a final decision on it.

3. The requested Party should, to the extent permitted by its legislation and based on the request of the requesting Party, consider as a matter of priority the return of the requested property to the latter, in particular with a view to providing compensation to victims or returning this property to its rightful owner, while respecting the rights of bona fide third parties.

4. Property that may be seized and confiscated, in particular, includes goods obtained as a result of the commission of an offense, or the value of such goods, as well as tools used to commit the offense.

5. Unless the Parties decide otherwise, the requested Party may, if necessary, deduct to a reasonable extent the costs incurred in connection with the investigation, criminal prosecution or judicial proceedings that led to the return of the confiscated property or its disposal in accordance with this article.

6. The Parties may decide to conclude, in each individual case, mutually acceptable agreements or arrangements regarding the final disposal of confiscated property or the division of proceeds from the sale of such property. If the amounts recovered are insignificant, the requesting Party shall, as a matter of priority, consider leaving them at the disposal of the requested Party.

7. In the absence of an agreement or agreement between the Parties, the following rules apply:

(a) The execution in the territory of one of the Parties of a confiscation decision taken by the other Party entails the transfer to the requested Party of ownership of the confiscated property;

(b) The property seized in this way may be sold in accordance with the legislation of the requested Party.;

(c) Where the confiscation order provides for confiscation based on an assessment of the value of the property, the enforcement of that decision makes the requested Party a creditor in respect of the obligation to pay the appropriate amount of money.;

(d) The costs of executing the confiscation order are deducted from the total amount of funds recovered;

(e) The sums of money recovered and the proceeds from the sale of confiscated property, less the costs of execution, shall be transferred half to the requested Party and half to the requesting Party.

Article 18 Requests for interception of telecommunications

1. For the purposes of a criminal investigation, the competent authority of a Party may send a request for the interception of telecommunications and their immediate transfer to the requesting Party, or for the interception of telecommunications, their recording and subsequent transfer to the requesting Party.

2. These requests can be submitted:

(a) When the interception facility is located in the territory of the requesting Party, which requires the technical assistance of the requested Party in order to be able to intercept communications;

(b) When the interception facility is located in the territory of the requested Party and the facility's communications may be intercepted in that territory.

3. In addition to the information specified in Article 5, requests for interception of telecommunications must contain the following information::

(a) Information identifying the target of interception;

(b) The desired duration of the interception and, if possible, sufficient technical data, in particular the appropriate network connection number, to enable the processing of a telecommunications interception request.

4. The requested Party shall provide assistance on requests submitted in accordance with paragraph 2 (a) upon receipt of the information referred to in paragraph 3.

5. The requested Party shall comply with the requests submitted in accordance with paragraph 2 (b) upon receipt of the information referred to in paragraph 3, if an interception of telephone communications may be ordered in a similar case in its country.

6. If the requesting Party submits a request to intercept telecommunication messages for the purpose of recording them, it may also request a transcript of the recording.

Article 19 Informing about offenses for the purpose of criminal prosecution

1. Each of the Parties may inform the other Party of facts that may constitute a criminal offense within the jurisdiction of the latter, so that criminal prosecution of the relevant persons can be carried out on its territory.

2. The requested Party shall notify of the measures taken after this communication and transmit a copy of the decision, if any.

3. A report on offences for the purposes of criminal prosecution shall be drawn up in writing or by any means that allow it to be confirmed in writing, in conditions that allow the receiving Party to verify its authenticity.

4. If a person is being prosecuted by a Party that has been informed of the relevant facts from a report of offences for the purpose of criminal prosecution, the competent authorities of that Party may not require the death penalty or cruel and inhuman treatment for the perpetrator, and if such penalties or treatment have been imposed, they cannot be executed..

Article 20 Proactive exchange of information

1. Within the limits of their national legislation, the competent authorities of both Parties may, without a corresponding request, transmit or exchange information concerning criminally punishable acts, the punishment for which or the consideration of which falls within the competence of the addressee authority at the time of providing the information.

2. The body providing the information may, in accordance with its national legislation, establish certain conditions for its use by the addressee body.

3. The addressee authority is obliged to comply with these conditions if, having been notified in advance of the nature of the information, it has agreed to be transmitted to it.

4. The proactive exchange of information is carried out and is carried out from one Party to the other in accordance with the provisions of paragraph 3 of Article 5.

Article 21 Criminal record certificates

1. The requested Party shall provide criminal record certificates and all related information requested from it by the competent authorities of the requesting Party for the purposes of the criminal case to the extent that its competent authorities themselves could obtain such information in such a case, and subject to the provisions of article 2.

2. In other cases not provided for in paragraph 1, the request of the requesting Party shall be satisfied in accordance with the conditions stipulated by the legislation, regulations or practices of the requested Party.

3. The competent service of the Republic of Kazakhstan is the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office. The competent service from the French Republic is the National Registry of Judicial Registration. Each Party shall notify the other of any change in the competent service.

4. Requests shall be forwarded by the competent service of the requesting Party to the competent service of the requested Party in accordance with the provisions of paragraphs 3 and 4 of Article 5.

Article 22 Exchange of conviction notices

1. In accordance with its legislation, each Party sends notifications to the other Party on final convictions in criminal cases included in the register of judicial registration and issued by its relevant judicial authorities against citizens of the other Party. In addition, it sends notifications on follow-up measures regarding these sentences.

2. The competent service of the Republic of Kazakhstan is the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office. The competent service from the French Republic is the National Registry of Judicial Registration. Each Party shall notify the other of any change in the competent service.

3. These notifications are sent at least once every 6 months through the competent service.

4. These notices are not subject to pretranslation.

Article 23 Confidentiality and specialization

1. The requested Party shall respect the confidential nature of the request and its contents in accordance with the conditions stipulated by its legislation. If the request cannot be executed without violating confidentiality, the requested Party informs the requesting Party about it, which decides whether to execute it nevertheless.

2. The requested Party may require that the information or evidence provided in accordance with this Agreement remain confidential or be disclosed or used only in accordance with the terms and conditions determined by it. If the requested Party intends to take advantage of these conditions, it shall inform the requesting Party in advance. If the requesting Party agrees to these terms and conditions, it is obligated to comply with them. Otherwise, the requested Party may refuse to provide mutual assistance.

3. The requesting Party may not disclose or use information or evidence provided or obtained in accordance with this Agreement for purposes other than those specified in the request, without the prior consent of the requested Party.

4. If conditions regarding the use of information or evidence have been established in accordance with paragraph 2 of article 20, these conditions shall prevail over the provisions of this article. In the absence of such conditions, the provisions of this article shall apply.

Article 24 Protection of personal data

1. Personal data transferred by one Party to the other Party in connection with a request prepared in accordance with this Agreement may be used by the Party to which they were transferred only for the following purposes:

(a) For the proceedings to which this Treaty applies;

(b) For other judicial and administrative proceedings directly related to the proceedings referred to in subparagraph (a);

c) to prevent a sudden and serious threat to public safety.

2. This data may be used for other purposes, including for subsequent transfer to a third State or an international organization, only if the consent of the Party that originally transmitted this data has been given in advance and, if necessary, the consent of the relevant person.

3. Any person whose personal data is transferred in accordance with this Agreement has the right to legal remedies in case of violation of this data.

4. Each Party shall take all necessary precautions to preserve the security of the data transmitted in accordance with this Agreement and, in particular, to prevent their distortion, damage or unauthorized access by third parties.

Article 25 Exemption from legalization

Materials and documents transferred in accordance with this Agreement are exempt from any formalities related to legalization.

Article 26 Expenses

1. Subject to the provisions of paragraph 6 of Article 8 and paragraph 7 of Article 10, the execution of requests for mutual assistance shall not entail reimbursement of any costs, with the exception of costs related to the deployment of experts in the territory of the requested Party and the transfer of detainees carried out in accordance with Articles 11 and 12.

2. If, during the execution of the request, it turns out that unforeseen expenses are required to satisfy it, the Parties shall consult in order to establish the procedure and conditions under which its execution can be continued.

Article 27 Relation to other international treaties or agreements

This Agreement does not affect the rights and obligations of the Parties arising from any other treaties, conventions or agreements to which one or both Parties are Parties.

Article 28 Consultations

The Parties shall consult through diplomatic channels on the interpretation and application of this Treaty.

Article 29 Settlement of disputes

Any disagreements that may arise in connection with the implementation or interpretation of this Agreement shall be resolved through direct negotiations between the Parties in writing and through diplomatic channels.

Article 30 Application in time

This Treaty applies to any request for mutual legal assistance in criminal matters submitted after its entry into force, even if the offence for which mutual assistance is requested was committed earlier.

Article 31 Amendments

This Agreement may be amended by mutual agreement of the Parties. The amendments shall enter into force in accordance with the provisions of article 32 concerning the entry into force of the Treaty.

Article 32 Final provisions

1. Each Party shall notify the other Party of the completion of the procedures required by its domestic legislation for the entry into force of this Agreement.

2. This Agreement shall enter into force on the first day of the second month following the date of receipt of the last notification.

3. Each of the Parties may denounce this Treaty at any time by sending a notification of denunciation to the other Party through diplomatic channels. The denunciation shall take effect on the first day of the sixth month following the date of receipt of the said notification. Requests for mutual legal assistance in criminal matters received prior to the effective date of denunciation of this Treaty shall nevertheless be considered in accordance with its provisions.

IN WITNESS WHEREOF, the authorized representatives of both Parties have signed this Agreement.

DONE in Nur-Sultan on October 28, 2021, in two copies in the Kazakh and French languages, both texts being equally authentic.

For the Republic of Kazakhstan

For the French Republic

2021 zhylgy 28 kazanda Nur-Sultan kazak zhane frenchman tilderinde kol koylgan Kazakhstan Republikasy men Frenchman Republikasy arasyndagy kylmystyk ister boyynsha ezara kukyktyk komek turaly shart matinin orys tilindegi matinge dalme- daldigin rastaymyn.

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the French Republic on Mutual Legal Assistance in Criminal Matters, signed in Nur-Sultan on October 28, 2021 in Kazakh and French, with the text in Russian.

Acting Head of the Department

international cooperation

The General Prosecutor's Office

Republic of Kazakhstan

A. Nurakhmetov

President

Republic of Kazakhstan

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