On the Ratification of the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors

Home / RLA / On the Ratification of the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors

The Law of the Republic of Kazakhstan dated November 2, 2015 No. 386-V SAM.

 To ratify the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors, signed in St. Petersburg on October 18, 2011.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on the procedure for the transfer of samples of narcotic drugs, psychotropic substances and their precursors

Officially

certified

text

THE AGREEMENT on the procedure for the transfer of samples of narcotic drugs, psychotropic substances and their precursors Entered into force on December 22, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 1, art.

The Governments of the Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,

Realizing that illicit trafficking in narcotic drugs, psychotropic substances and their precursors and their abuse pose a serious threat to the national security of the member States of the Commonwealth of Independent States, the health and well-being of their peoples,

Proceeding from the objectives of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Precursors of November 30, 2000 and the Concept of Cooperation of the Member States of the Commonwealth of Independent States in Countering Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Precursors of October 7, 2002,

Recognizing that effective counteraction to illicit trafficking in narcotic drugs, psychotropic substances and their precursors requires strengthening information interaction between the Parties,

guided by generally recognized principles and norms of international law,

have agreed on the following:

Article 1

The subject of this Agreement is to establish the procedure for the transfer of samples of narcotic drugs, psychotropic substances (hereinafter referred to as drugs) and their precursors seized from illicit trafficking for operational search activities, comparative forensic studies, as well as for scientific and educational purposes.

Article 2

The competent authorities of the Parties may transfer samples of drugs and their precursors seized during operational search activities, inquiries, investigative actions, as well as obtained in other ways.

Each of the Parties, no later than 30 days from the date of entry into force of this Agreement for it, will determine the list of competent authorities responsible for its implementation and notify the depositary accordingly.

In order to implement this Agreement, the competent authorities of the Parties shall interact with each other directly, as well as through the exchange of correspondence through diplomatic channels.

Article 3

 The transfer of samples of drugs and their precursors by the competent authorities of the Parties is carried out in accordance with Annex 1 to this Agreement.

 The movement of samples of drugs and their precursors across the state (customs) borders of the States Parties to this Agreement, as well as transit through the territories of the States Parties to this Agreement, is carried out as a matter of priority. In this case, transport (shipping), commercial and (or) other documents may be used as a customs declaration, provided that the customs authorities are provided with a Sample Registration Card for narcotic drugs, psychotropic substances or their precursors, issued in accordance with Annexes 2 and 3 to this Agreement.

 Transported samples of drugs and their precursors are exempt from customs inspection, subject to compliance with the provisions provided for in Annex 1 to this Agreement.

Each Party may take measures to facilitate the movement of samples of drugs and their precursors under State control.

Article 4

Cooperation under this Agreement is carried out on the basis of requests from the competent authorities of the Parties for assistance (hereinafter referred to as the request).

The request is sent in writing and must contain:

a) the name of the competent authority of the requesting and requested Parties;

b) statement of the merits of the case;

c) specifying the purpose and justification of the request;

d) the content of the requested assistance;

e) the deadline for executing the request.

The Parties may provide additional information useful for the execution of the request.

The request is signed by the head of the competent authority or his deputy and stamped.

Article 5

The competent authority of the requested Party shall take all necessary measures to ensure timely, complete and high-quality execution of the request.

If there are circumstances that impede or significantly delay the execution of the request, the competent authority of the requesting Party shall be notified immediately.

If the competent authority of the requested Party considers that the execution of the request may interfere with criminal or other proceedings carried out in the territory of the requested State Party to this Agreement, it may postpone the execution of the request or bind its execution to compliance with the conditions determined as necessary, after consultation with the competent authority of the requesting Party. If the competent authority of the requesting Party accepts the assistance of the competent authority of the requested Party under such conditions, these conditions must be respected.

Article 6

The competent authority of the requested Party may request the competent authority of the requesting Party to ensure that the results of the execution of the request received in accordance with this Agreement are not disclosed or used only under conditions that may be agreed upon by them. If the competent authority of the requesting Party accepts the results of the execution of the request under such conditions, it must comply with these conditions.

The provisions of this article do not exclude the use for other purposes of the results of the execution of the request, if the national legislation of the requested State Party to this Agreement provides for the obligation to act in this way. In this case, the competent authority of the requesting Party must notify the competent authority of the requested Party in the request about the possible and intended use or disclosure of the results of the execution of the request.

The competent authority of the requested Party has the right to refuse the competent authority of the requesting Party a request to use the results of the execution of the request for purposes not specified in the request.

Article 7

Assistance under this Agreement may be refused in whole or in part if the requested Party believes that the execution of the request may harm State interests or contradict national legislation.

In the event of a decision to refuse to execute the request, the competent authority of the requesting Party shall be notified in writing, indicating the reasons for the refusal, no later than 30 days.

If the execution of a request for assistance does not fall within the competence of the authority that received the request, that authority shall immediately transmit it to the appropriate competent authority of the requested Party and notify the competent authority of the requesting Party accordingly.

If necessary, the competent authority of the requested Party has the right to request additional information from the competent authority of the requesting Party, necessary, in its opinion, for the execution of the request.

Article 8

The Parties shall independently bear the costs incurred during the implementation of this Agreement, unless a different procedure is agreed in each specific case.

The Parties may, if necessary, provide each other with gratuitous assistance in order to implement this Agreement.

Article 9

The competent authorities of the Parties shall use Russian as their working language when carrying out cooperation.

Article 10

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

Article 11

This Agreement does not affect the rights and obligations of each of the States parties to this Agreement arising from other international treaties, including on legal assistance in criminal matters to which they are parties.

Article 12

This Agreement shall enter into force on the date of receipt by the depositary of the third notification that the signatory Parties have completed the internal procedures necessary for its entry into force.

For the Parties who have completed the necessary internal procedures later, the Agreement enters into force from the date of receipt by the depositary of the relevant documents.

Article 13

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

Article 14

This Agreement is concluded for an indefinite period.

Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 months prior to withdrawal, having settled the obligations that have arisen during the validity of this Agreement.

Article 15

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

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

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

Done in St. Petersburg on October 18, 2011, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government of the Republic of Azerbaijan

For the Government Of the Russian Federation

For the Government of the Republic of Armenia

For the Government of the Republic of Tajikistan

For the Government of the Republic of Belarus

For the Government Turkmenistan

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Uzbekistan

For the Government Of the Kyrgyz Republic

For the Government Of Ukraine

For the Government of the Republic of Moldova

Annex 1 to the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors dated October 18, 2011

PROCEDURE for transfer of samples of narcotic drugs, psychotropic substances and their precursors

1. The main purposes of transferring samples of drugs and their precursors are:

ensuring the possibility of conducting comparative studies of these samples for the subsequent determination of the place and method of production, belonging to the same batch, possible methods and ways of their transportation and other purposes in the fight against illicit trafficking in drugs and their precursors;

exchange of new samples of seized drugs and their precursors in illicit traffic.

 2. The transfer of samples of drugs and their precursors is carried out by representatives of the competent authorities of the Parties upon request.

3. Transportation of samples of drugs and their precursors through the territories of the States Parties to this Agreement is carried out under state control. To this end, the competent authorities of the Parties shall coordinate the lists of persons delivering samples of drugs and their precursors, checkpoints across the state (customs) borders of the States Parties to this Agreement, routes of movement, transport and other necessary issues.

The main requirement for the transfer of samples of drugs and their precursors is to create conditions that ensure the safety of the characteristics of the raw materials, methods of its production and, if possible, its packaging and forms.

4. Samples of drugs and their precursors are taken, if possible, from large shipments. In some cases of operational interest, it is possible to transfer samples of drugs and their precursors from shipments of a different volume.

 5. The mass of each sample of the drug or its precursor should not exceed 50 g. In some cases of operational interest, it is possible to transfer a sample of a drug or its precursor of a different mass.

 6. It is not allowed to combine drugs and their precursors with differences in appearance or composition into one sample, even if they were in the same batch.

 7. Samples of drugs and their precursors are packed in a clean primary sealed package that provides reliable protection from external influences, after which they are sealed with the seal of the competent authority of the requested Party (sender).

8. The sample data is indicated in the Registration Card for a sample of a narcotic drug, psychotropic substance or their precursor in the prescribed form (Appendix 2).

9. Each primary sample package must be labeled with a sample of a narcotic drug, psychotropic substance or their precursor in the prescribed form (Appendix 3).

All necessary information is transmitted separately using the appropriate communication channels.

 10. The primary packaging must be placed in an individual or group sealed transport package.

 11. The accompanying documentation contains a list of samples of drugs and their precursors, indicating their individual numbers and packaging dates, information about the appearance of the drug or its precursor and packaging, and the text of the stamp on the label.

Annex 2 to the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors dated October 18, 2011

Registration card for a sample of a narcotic drug, psychotropic substance or their precursor

Requisites

1.1.

Registration number from __________ 20 G.

1.2.

Department, position, full name of the card originator

1.3.

Sample number (individual number)

1.4.

Packing date

Information about narcotic drugs, psychotropic substances or their precursors

2.1.

Title

2.2.

Sample weight (in grams)

2.3..

Date of withdrawal of the batch

2.4.

Place of withdrawal

2.5.

The agency that carried out the seizure

2.6.

The mass of the entire seized batch

2.7.

Percentage of the substance

2.8.

The shape and size of the packaging of the seized batch

Information about the region of production, route and method of transportation of narcotic drugs, psychotropic substances or their precursors

3.1.

Which region was delivered from (country, region)

3.2.

The place of cultivation of raw materials

3.3.

Place of processing of raw materials

3.4.

Place of production

3.5.

Transportation methods

3.6.

Storage location

Signature of the authorized person

Annex 3 to the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors dated October 18, 2011

RESERVATION of the Republic of Azerbaijan to the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and their Precursors dated October 18, 2011

 With the exception of paragraph 3 of Article 3 of the Agreement.

None of the rights, obligations and provisions set forth in the Agreement will be applied by the Republic of Azerbaijan to the Republic of Armenia until the Republic of Armenia liberates all occupied territories of the Republic of Azerbaijan and completely eliminates the consequences of aggression.

First Deputy Prime Minister

The Republic of Azerbaijan

Yagub Eyyubov

OBJECTION OF THE REPUBLIC OF ARMENIA TO THE RESERVATION OF THE REPUBLIC OF AZERBAIJAN

The reservation of the Republic of Azerbaijan to the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors distorts the cause and essence of the Nagorno-Karabakh conflict. The conflict is the result of the application of the policy of ethnic cleansing by the Republic of Azerbaijan against the people of Nagorno-Karabakh and the unleashing of military aggression against the Nagorno-Karabakh Republic.

The provisions of the Agreement on the procedure for the Transfer of samples of Narcotic Drugs, Psychotropic Substances and their Precursors will not be applied by the Republic of Armenia to the Republic of Azerbaijan until the settlement of the Nagorno-Karabakh conflict.

The Prime Minister

Republic of Armenia TIGRAN SARGSYAN

RESERVATION OF THE REPUBLIC OF ARMENIA to article 3 of the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors

 The Republic of Armenia reserves the right to require the submission of a customs declaration in accordance with the procedure established by the legislation of the Republic of Armenia when samples of drugs and their precursors are transported across the state border of the Republic of Armenia, as well as their transit through the territory of the Republic of Armenia in accordance with Article 3 of the Agreement.

The Prime Minister

Republic of Armenia TIGRAN SARGSYAN

RESERVATION of the Kyrgyz Republic to the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and their Precursors

The Kyrgyz Republic will participate in this Agreement in accordance with national legislation and international obligations.

Acting Director

The Prime Minister

Of the Kyrgyz Republic

O. Babanov

I hereby certify that the attached text is an authentic copy of the Agreement on the Procedure for the Transfer of Samples of Narcotic Drugs, Psychotropic Substances and Their Precursors, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which took place on October 18, 2011 in St. Petersburg. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

First Deputy Chairman

The Executive Committee

Executive Secretary

V.Garkun

President

Republic of Kazakhstan

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