/Draft/

AGREEMENT

BETWEEN THE GOVERNMENT OF THE SLOVAK REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN ON COOPERATION IN COMBATING ORGANISED CRIME, TERRORISM, ILLICIT TRAFFICKING IN NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND THEIR PRECURSORS AS WELL AS OTHER TYPES OF CRIME

The Government of the Slovak Republic
and
the Government of the Republic of Kazakhstan 

(hereinafter referred to as “the Parties”), 

Guided by their willingness to contribute to the further development of bilateral relations between both States,

Convinced of the substantial importance of cooperation in preventing and combating organised crime, terrorism, illicit trafficking in narcotic drugs, psychotropic substances and their precursors and other types of crime,

Concerned about the spread of international organised crime, in particular terrorism, increased abuse of narcotic drugs and psychotropic substances and increase in illicit trafficking world-wide,

With a view of joining their efforts for combating these phenomena,

Having due regard to international commitments and the national legislation of their respective States,

Have agreed as follows:

Article 1

(1)	The Parties shall, in compliance with national legislation of their States, cooperate in detecting, preventing, suppressing and disclosing of the following types of crime:
1)	international terrorism and other types of international organised crime;
2)	finance of the terrorism including the use of means derived from committing other types of crime;
3)	illicit cultivation, production, import, export, transit, acquisition, possession, distribution  of narcotic drugs and psychotropic substances and their precursors, as well as illicit trafficking in them;
4)	illicit trafficking in tools, equipment and technology used in production of narcotic drugs and psychotropic substances;
5)	illicit manufacturing, import, export, transit, acquisition, spread, possession of and illicit trafficking in arms, ammunition and explosives, chemical, biological, nuclear or other radioactive materials, products and technological procedures of strategic importance or possible dual use and illicit trade in military technique;
6)	trafficking in human beings and pandering;
7)	counterfeiting and alteration of money, securities, means of non-cash payment, official documents and distribution thereof;
8)	unlawful financial operations, legalisation of proceeds derived from crime and other economic crimes, as well as corruption;
9)	crimes against life and limb, freedom, human dignity and property;
10)	crimes related to illicit trade in national monuments and works of art, cultural, historical and valuable objects;
11)	smuggling of persons, illegal crossing of the State border, illegal migration and illegal residence of persons;
12)	cyber criminality; 
13)	car thefts and trafficking in them.

(2)	By mutual consent of both Parties, the co-operation between them may cover also fight against other types of crime, as well as exchange of information on criminal offences reffered to in this Agreement. 

Article 2

The Parties shall cooperate in preventing, detecting, suppressing and disclosing of crimes specified in Article 1 of this Agreement in the following forms:
1)	mutual exchange of data concerning the persons participating in the commission of crimes or persons suspected to participate therein; the offenders connections; the organisation and structure of organised groups; typical methods of individual offenders and groups; facts relating to the time, location and modus operandi; the objects constituting targets of crime; specific circumstances; the laws violated; measures taken to prevent and suppress the commission of such crime;
2)	cooperation in search for persons suspected of committing crimes or persons evading criminal liability or service of a sentence;
3)	cooperation in search for stolen things and other objects related to crimes, including motor vehicles;
4)	cooperation in providing personal, technical and organisational assistance in detecting crimes pursuant to the provisions of the present Agreement and in compliance with national legislation of the States of the Parties;
5)	exchange of information and experience on the methods and new forms of committing crimes;
6)	exchange of information on the results of their criminal and criminological research;
7)	upon request, exchange of information or samples of objects used to commit a crime or resulting from crime;
8)	upon request, exchange of samples used for identification of persons;
9)	exchange of experts and organisation of joint training courses focused on specific operational techniques for the detection and documentation of crime;
10)	if necessary and in order to prepare coordinated measures, organising working meetings dealing with specific cases under investigation;
11)	mutual assistance in providing protection to a witness and his/her next of kin´s life and health or property which are in connection with his/her testimony or submission of evidence, exposed to a threat;
12)	exchange of analytical and conceptual materials, as well as exchange of scientific, educational and expert published information, all of them relating to fight against organised crime.

Article 3

The Parties shall cooperate in combating terrorism in the following forms:
1)	exchange of information on the acts of terrorism planned or committed, persons involved in them, modus operandi and technical equipment used for the commission of such acts;
2)	exchange of information on the activity of the organisations and persons rendering financial and technical assistance to terrorism;
3)	exchange of information on source of financing the activities relating to the means derived from illicit trafficking in narcotic drugs and psychotropic substances and their precursors;
4)	exchange of information on terrorist groups and their members planning, committing or having committed criminal offences regarding terrorism in the territory of the State of one Party against the State of the other Party or against its interests, including the exchange of documental materials necessary to suppress their activity;
5)	exchange of analytical and conceptual materials counteracting to terrorism issues;
6)	exchange of experience and knowledge in the field of safety of air traffic and water carriage with a view of improving safety standards at airports and ports of the States of the Parties and adapting them to a terrorist threat;
7)	exchange of experts and organisation of joint training courses focused on specific  techniques for detection and documentation of terrorism.

Article 4

The Parties shall cooperate in combating illicit production, import, export and possession of narcotic drugs, psychotropic substances and their precursors, as well as illicit trafficking in them, in the following forms:
1)	mutual exchange of information concerning persons involved in illicit production, import, export and possession of narcotic drugs, psychotropic substances and their precursors, as well as illicit trafficking in them, hiding places, routes and means of transport, places of origin, destination and hiding of narcotic drugs and psychotropic substances and their precursors, as well as any other relevant details of such crimes if necessary for their detection;
2)	mutual exchange of information on methods used by individual offenders and groups in committing the aforementioned crimes;
3)	taking joint measures in compliance with legislation of the States of the Parties aimed at preventing the aforementioned crimes;
4)	exchange of experience in combating of illicit trafficking in narcotic drugs, psychotropic substances and their precursors;
5)	mutual provision of samples of narcotic drugs and psychotropic substances of natural or synthetic origin, the procedure of mutual exchange of such samples shall be regulated by a specific protocol;
6)	exchange of analytical and conceptual documents relating to these types of crime;
7)	in compliance with legislation of the States of the Parties and international commitments, facilitation of implementing controlled delivery of illicit narcotic drugs and psychotropic substances in order to detect persons to whom they are delivered, including other persons involved in trafficking in them provided that the necessary information has been forwarded to the other Party  before the action required;
8)	exchange of experience and information on methods and procedures of drug controls at the State border;
9)	exchange of experts and organisation of training courses focused on specific operational techniques for detection and documentation of the aforementioned crime.

Article 5

The provision of personal data protection concerning persons committing or suspected of committing a crime shall be carried out in compliance with national legislation of the States of the Parties and under the following conditions:
1)	the receiving Party may use such data solely for the purpose and under the conditions as stipulated by the originating Party;
2)	the receiving Party shall, at the request of the originating Party, provide information on the use of the data transmitted, as well as on the results achieved through it;
3)	personal data may be transmitted only to the authorities competent for the fight against organised crime; no data shall be made available to other authorities without previous written consent of the originating Party;
4)	the originating Party shall be responsible for accuracy of the information transmitted and shall also identify whether such transmission is necessary and relevant; should inaccurate data transmission or transmission of data that should not have been transmitted be subsequently ascertained, the receiving Party must be immediately notified thereof; the receiving Party shall either correct the errors or destroy the data that should not have been transmitted;
5)	any person, whose personal data are to be or have been transmitted, shall be entitled to request provision of information on the data transmitted and on their use envisaged, provided that this is admissible under the national legislation of the State of the originating Party;
6)	upon delivery of data, the originating Party shall notify the receiving Party of the timeframe for the destruction of the data in accordance with its national legislation; notwithstanding such time limit, any data relating to the data subject must be destroyed if their retention becomes unnecessary; the originating Party must be notified of the destruction of the data transmitted and the reasons therefore; upon termination of this Agreement, all the data received under it must be destroyed;
7)	either Party shall be obliged to keep records of delivery, receipt and destruction of personal data;
8)	either Party shall be obliged to protect the transmitted personal data against unauthorised handling, changing and publishing.

Article 6

(1)	Each Party shall ensure protection, in compliance with the security level specified by the originating Party, of information, data, documents and technical equipment supplied to it by the other Party for the purposes of implementation of the present Agreement.

(2)	No information, data, documents or technical equipment delivered may be provided the third party without prior written consent of the originating Party.

Article 7

(1)	The cooperation under this Agreement shall be implemented either on the basis of protocols agreed by the competent authorities of the Parties or on the basis of a request by the competent authorities of the Parties. The competent authorities of the Parties may conduct their activities on their own initiative if it is in compliance with the purposes of the present Agreement and does not contradict to national legislation of the States of the Parties. 

(2)	The request under paragraph 1 of this Article shall be submitted in written form by the competent authorities of the requesting Party. Written request shall be forwarded by mail, by fax or in any other way agreed by the competent authorities of the Parties. 

(3)	The request shall contain details necessary for its performance, executed in writing, which shall be signed and bear an imprint of the seal of office of the competent authority of the requesting Party, as well as copies of any documents related to the matter.

(4)	In urgent cases such request can by made orally and subject to subsequent written confirmation within twenty-four (24) hours.

(5)	The competent authority of the requested Party shall perform such request immediately. If necessary, additional information can be requested.

(6)	The requested Party may, fully or partially, refuse to execute a request for cooperation or assistance if execution of such request could pose a threat to sovereignty, security or other important interest of its State, or if execution of such request might be contradictory to the national legislation of its State or its commitments arising from international treaties.

(7)	The requested Party shall without delay notify the requesting Party of the refusal to execute the request or of its partial execution.

Article 8

(1)	Direct and operational cooperation under this Agreement shall be carried out by the competent authorities of the Parties, which shall be empowered to conclude, as appropriate, implementing protocols and programmes of cooperation.

(2)	The Parties shall, as soon as possible after entry into force of this Agreement, notify each other, through diplomatic channels, of the competent authorities of the Parties, including their contact addresses, telephone and fax numbers; they shall immediately notify each other of modifications of these data.

(3)	Unless agreed otherwise in each specific case, the exchange of information between the competent authorities of the Parties shall be effected in English language.

Article 9

A Joint Committee composed of the representatives of the competent authorities of the Parties, may be established to coordinate and evaluate co-operation under this Agreement.

Article 10

This Agreement does not affect the rights and obligations of the States of the Parties derived from other international agreements by which they are bound. 

Article 11

The costs incurred in connection with the implementation of cooperation under this Agreement shall be independently borne by each Party, unless agreed otherwise in each specific case.

Article 12

(1)	This Agreement shall come into force thirty (30) days following the day of receipt of the latter written note, by which the Parties shall, through diplomatic channels, notify each other of the fulfilment of the national legal procedures necessary for entry into force of this Agreement.

(2)	This Agreement is concluded for an indefinite period of time and either Party may terminate this Agreement in writing through diplomatic channels. In such a case, this Agreement shall expire six (6) months after the day of receipt of notification of termination.

(3)	This Agreement may be amended and supplemented on the basis of mutual consent of both Parties. The amendments and supplements shall be carried out in writing and shall enter into force pursuant to paragraph 1 of this Article.

Done at ……………………. on ……………………… 200     in two originals each in the Slovak, Kazakh, Russian and English languages, each text being equally authentic. In case of difference in interpretation, the English text shall prevail.

         For the Government                			      For the Government  
        of the Slovak Republic                                             of the Republic of Kazakhstan