On the ratification of the Agreement between the Republic of Kazakhstan and the United Arab Emirates on Mutual Legal Assistance in Criminal Matters

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the United Arab Emirates on Mutual Legal Assistance in Criminal Matters

The Law of the Republic of Kazakhstan dated November 15, 2011 No. 492-IV.

To ratify the Agreement between the Republic of Kazakhstan and the United Arab Emirates on Mutual Legal Assistance in Criminal Matters, signed in Abu Dhabi on March 16, 2009.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE UNITED ARAB EMIRATES ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL CASES

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on September 22, 2012)

The Republic of Kazakhstan and the United Arab Emirates, hereinafter referred to as the "Parties",

Guided by the friendly relations between the two countries,

Recognizing the need to take the broadest possible measures in matters of mutual assistance in criminal matters,

Agreed on the following:

Article 1 General provisions

The Parties undertake to provide each other with the widest possible assistance under this agreement in matters of mutual legal assistance in criminal matters.

The central authority of each Party sends and receives requests in accordance with this Agreement:

The central authority for the Republic of Kazakhstan is the Prosecutor General's Office.

For the United Arab Emirates, the central authority is the Ministry of Justice.

For the purposes of this Agreement, the Central Authorities communicate with each other through diplomatic channels.

All requests and attached documents are drawn up in two copies in the language of the Requested Party or in English, and must be officially signed and stamped by the competent authorities and certified by the Central Authority of the Requesting Party.

The Parties shall notify each other through diplomatic channels of any modifications and amendments related to the central authorities.

Article 2 Exchange of information

The Parties may exchange information on the applicable laws and judicial practice in the respective States relevant to the implementation of this Agreement.

Article 3 Scope of assistance

1. In accordance with the provisions of this Agreement, the Parties shall provide each other with mutual assistance in the investigation, prosecution and procedural actions in criminal cases.

2. The help includes:

a) obtaining witness statements or statements of persons;

b) provision of documents, reports and items;

d) delivery of documents;

(e) The transfer of persons in custody, other than nationals of the parties, to testify;

(f) Execution of search and seizure requests;

(g) Assistance in procedures related to the encumbrance and confiscation of assets, collection of fines and compensation for damages;

h) any other form of cooperation, if it does not contradict the national legislation of the Requested Party within the framework of this Agreement.

Article 4 Limitation of assistance

1. The central authority of the Requested Party may refuse to provide assistance if:

(a) The request concerns a military offence, which is not a crime under ordinary criminal law;

b) fulfilling the request would harm the security or essential interests of the Requested Party;

c) the request relates to crimes of a political nature;

d) the request contradicts the provisions of this Agreement.

2. Before refusing to provide assistance in accordance with the provisions of this Article, the Central Authority of the Requested Party must consult with the Central Authority of the Requesting Party to consider providing assistance under such conditions as it deems acceptable. If the Requesting Party accepts assistance under such conditions, it must comply with these conditions.

3. If the Central Authority of the Requested Party refuses assistance in accordance with the terms of this Article, it shall inform the Central Authority of the Requesting Party of the reasons for the refusal.

Article 5 Form and content of requests

1. A request for assistance must be made in writing, except in cases where the Central Authority of the Requested Party may accept the request in another form in urgent situations. If the request is not made in writing, it must be confirmed in writing within ten (10) days, unless the Central Authority of the Requested Party agrees otherwise.

2. The request should include the following:

a) the name of the body conducting the investigation, prosecution and procedural actions concerning which the request was made;

b) a description of the circumstances of the case and the course of the investigation, prosecution or procedural actions, including certain crimes related to the case;

d) a description of the purpose for which the request for assistance was made, in terms of evidence, information or other requested assistance.

3. As far as possible and necessary, the request will include:

(a) Information regarding the identity and location of the person whose testimony is requested;

b) information regarding the identity and location of the person to whom the documents are to be served, the relation of this person to the case, and the order of delivery;

d) an accurate description of the place of the wanted person and the items to be seized;

e) a description of the procedure for obtaining and recording testimony and statements;

f) a description of the requested testimony or statement, including a list of questions to be asked to the person;

(g) A description of any specific procedure to be performed during the request, insofar as this is not contrary to the national legislation of the Requested Party.;

(h) Information regarding the benefits and expenses to which the person whose presence is requested by the Requesting Party is entitled;

(i) Any other information that may facilitate the execution of the request may be provided to the requested Party.

Article 6 Execution of requests

1. The central authority of the Requested Party executes the request by submitting it to the competent authority for execution. The named authority makes every possible effort to fulfill the request. The judicial institution of the Requested Party has the right to issue subpoenas, search warrants or any other orders necessary to fulfill the request.

2. The central authority of the Requested Party shall take all necessary actions to represent the Requesting Party to the Requested Party on any issues arising from the request for assistance.

 3. Requests must be executed in accordance with the national laws of the Requested Party, and the procedural actions specified in the request must be executed to the extent that this does not contradict the national legislation of the Requested Party. In cases where none of the provisions of this Agreement or the request define specific procedures, the request must be executed in the manner prescribed by the Requesting Party.

4. If the Central Authority of the Requested Party decides that the execution of the request will interfere with the investigation, prosecution or legal proceedings in that Party, or bring the execution under conditions determined as necessary, the Central Authority of the Requested Party should consult with the Central Authority of the Requesting Party. If the Requesting Party accepts assistance under the specified conditions, it must comply with these conditions.

5. At the request of the Central Authority of the Requesting Party, the Requested Party shall make every effort to keep the request and its contents confidential. If the request cannot be executed without violating confidentiality, the Central Authority of the Requested Party notifies the Central Authority of the Requesting Party, which subsequently must decide whether the request should nevertheless be executed.

6. The Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party of the result of the execution of the request. If the execution of the request is refused, or the execution is delayed or delayed, the Central Authority of the Requested Party must inform the Central Authority of the Requesting Party of the reasons for such refusal, delay or postponement.

Article 7 Costs

1. The requested Party shall bear all costs related to the execution of the request, including representation costs, with the exception of expert fees; translation and copying costs; benefits and expenses related to the movement of persons in the Requested Party in the interests of the Requesting Party or in accordance with the provisions of Articles 11 and 12 of this Agreement, shall be paid by the Requesting Party.

2. If, during the execution of the request, it becomes apparent that full implementation will entail excessive costs, the Central Authorities will consult to determine the terms and conditions under which the execution can be continued.

Article 8 Confidentiality and restrictions on the use of evidence and information

The Central Authority of the Requested Party may require that the Requesting Party, without the prior consent of the Central Authority of the Requested Party, not use any information or evidence obtained under this Agreement in the course of investigations, prosecutions or procedural actions other than those described in the request. If the Requested Party makes such a request, the Requesting Party must comply with these conditions.

1. The central authority of the Requested Party may require that the information or evidence provided under this Agreement be kept confidential or used only within the terms and conditions specified by it.

2. Information or evidence that has been made public to the Requesting Party in accordance with paragraphs 1 or 2 of this Article may subsequently be used for any purpose.

Article 9 Testimony or evidence in the Requested Party

1. In accordance with the provisions of this Agreement, a person located in the territory of the Requested Party who is required to testify or provide evidence may be forced to appear to testify or provide evidence.

2. The requested Party shall permit the presence of the persons indicated in the request during the execution of the request, in accordance with the procedures prescribed by the national legislation of the Requested Party.

3. If the person referred to in paragraph 1 of this Article claims immunity, privilege or incapacity in accordance with the national legislation of the Requested Party, the competent authority of the Requested Party shall take a decision on the matter before fulfilling the request and inform the Requesting Party of the decision through the Central Authority.

4. If the person referred to in paragraph 1 of this Article claims immunity, incapacity or privilege in accordance with the national law of the Requesting Party, the Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party of this claim before receiving testimony or evidence.

5. Evidence submitted to the Requested Party or which is the subject of testimony selected under this Article at the request of the Requesting Party must be certified in accordance with the legal procedures in the Requested Party and will be admissible as evidence in the Requesting Party without further verification of its authenticity.

Article 10 Documents of state bodies

1. The requested Party shall provide the Requesting Party with copies of publicly available reports, including documents and information held by government authorities.

2. The requested Party may provide the Requesting Party with any reports in any form, including documents and information that are in the possession of government departments and authorities in that Party, but are not publicly available, unless the said materials or information relate to national security.

3. A request for reports submitted in accordance with this Article must be certified by the official responsible for its contents, in accordance with the legal procedure provided for in the Requested Party, and will be admissible as evidence in the Requesting Party without further verification of its authenticity.

Article 11 Giving evidence outside the territory of the Requested Party

1. If the Requesting Party requests that a person located in the Requested Party appear in the Requesting Party, the Requested Party shall invite the person to testify with his consent. The Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party of the measures taken.

2. The requesting Party indicates the extent to which the person's expenses will be paid. A person who agrees to appear may require an advance payment from the Requesting Party to cover these costs. This advance can be paid through the Embassy or Consulate of the Requesting Party.

3. The central authority of the Requesting Party shall not subject a person who appears in accordance with the provisions of this Article to detention or any restriction of personal freedom because of any actions or finding of his guilt that preceded his departure from the Requesting Party. A person should also not be prosecuted, possessed, or punished because of his testimony.

4. If the person who came to the Requesting Party, having the freedom and means to leave the Requesting Party, has not left the territory within the next thirty (30) days after notification that his presence is no longer required, or if the person who left the territory voluntarily returns within the specified period, in this case he may be convicted of other crimes. crimes.

Article 12 Transfer of detainees for assistance

1. A person arrested by the Requested Party for the purpose of providing assistance and giving evidence under this Agreement may be temporarily placed under arrest by the Requesting Party, with the consent of this person and the Central Authorities of the Parties.

2. For the purposes of this Article:

a) The receiving Party shall keep the transferred person in custody, unless otherwise specified by the sending Party;

b) the receiving Party returns the person who has been placed under arrest to the sending Party within one month from the date of his transfer;

c) the period of detention of the transferred person in the territory of the receiving Party is taken into account when serving the sentence in the sending Party.

Article 13 Transit of arrested persons for assistance

1. The requested Party may allow the transit through its territory of the arrested person to the Requesting Party, whose appearance was requested by the Requesting Party.

2. The requested Party must have the authority and obligation to detain the person during transit.

Article 14 Location or identification of persons or objects

If the Requesting Party requires to establish the location or identity of persons or objects in the Requested Party, the Requested Party must make every effort to establish the location or identity of the person in accordance with its national legislation.

Article 15 Provision of documents

1. The Requested Party shall make every effort to provide any document fully or partially related to any request for assistance made by the Requesting Party in accordance with the provisions of this Agreement.

2. The Requesting Party shall transmit any request for the service of a document requiring the appearance of a person to the authority of the Requesting Party within a reasonable time prior to the scheduled appearance.

3. The requested Party shall send a confirmation of the document's delivery in the manner specified in the request.

Article 16 Search and arrest

1. The requested Party, in accordance with its national legislation, executes a request for the search, seizure and transfer of any item related to a crime that is the subject of an investigation in the Requesting Party, if possession of it does not constitute a crime in the Requested Party.

2. Each official who holds the seized item in custody must fill out a form in accordance with the legal procedures prescribed by the Requesting Party, certify the identity and condition of the item, its description, quantity, weight and number, where possible. No further assurance is required. The forms must be admissible as evidence in the Requesting Party.

3. The central authority of the Requested Party may require the Requesting Party to agree to the terms and conditions deemed necessary to protect the interests of the third party in relation to the subject to be transferred.

Article 17 Return of the item

At the request of the Central Authority of the Requested Party, the Central Authority of the Requesting Party shall return any item, including documents and records provided to it upon request under this Agreement.

Article 18 Assistance in confiscation

1. If the Central Authority of one Party becomes aware of proceeds or instruments of crime that are located in the other Party and may be confiscated or otherwise seized under the national legislation of that Party, it may inform the Central Authority of the other Party. If the jurisdiction of the other Party extends to this subject, it may submit this information to its authorities for any decision in this regard, and these authorities must decide in accordance with their national legislation and inform the other Party of the measures taken.

 2. Each Party should provide assistance to the other Party in cases concerning the confiscation of proceeds and instruments of crime, compensation for victims of crime and compensation to the extent permitted by relevant national laws.

3. The Party that holds the proceeds or instruments of crime in custody shall dispose of them in accordance with its national legislation. Any Party may transfer all or part of such assets or transfer the proceeds from their sale to another Party to the extent permitted by the national legislation of the transferring Party and within such time limits as it deems acceptable.

Final provisions

Article 19 International obligations

The provisions of this Agreement do not affect any rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 20 Dispute resolution

Any dispute arising during the application or interpretation of this Agreement shall be resolved through consultations through diplomatic channels.

Article 21 Ratification, entry into force and termination

1. This Agreement is subject to ratification, and instruments of ratification are subject to exchange. This Agreement shall enter into force on the thirtieth (30) day after the exchange of instruments of ratification.

2. By agreement of the Parties and in accordance with the ratification procedures provided for in this Agreement, written amendments may be made to this Agreement through diplomatic channels.

3. This Agreement is concluded for an indefinite period, each Party may withdraw from this Agreement at any time by notifying the other Party, termination shall take effect after six (6) months from the date of such notification, at the same time, actions initiated by either Party shall be carried out in accordance with this Agreement until their completion.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective States, have signed this Agreement.

Done in Abu Dhabi on March 16, 2009, in two copies in the Kazakh, Arabic and English languages, all texts being equally authentic.

In case of disagreement in interpretation, the English text is used.

FOR THE REPUBLIC OF KAZAKHSTAN

FOR THE UNITED

UNITED ARAB EMIRATES

We confirm the authenticity of the texts of the Agreement between the Republic of Kazakhstan and the United Arab Emirates on Mutual Legal Assistance in Criminal Matters, signed in Abu Dhabi on March 16, 2009 in English, Kazakh and Arabic with the text in Russian.

Head of Department

international cooperation

The General Prosecutor's Office

Republic of Kazakhstan

S. Dospolov

 The RCPI's note. The following is the text of the Agreement in English and Arabic.

President

Republic of Kazakhstan

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