/Draft/
AGREEMENT
BETWEEN THE GOVERNMENT OF THE SLOVAK REPUBLIC AND THE COUNCIL OF MINISTERS OF BOSNIA AND HERZEGOVINA ON COOPERATION IN FIGHT AGAINST CRIME, IN PARTICULAR TERRORISM, ILLICIT DRUG TRAFFICKING AND ORGANIZED CRIME

The Government of the Slovak Republic

and

The Council of Ministers of Bosnia and Herzegovina, 

hereinafter referred to as the “Contracting Parties”,

expressing their willingness to strengthen and improve the already existing friendly and co-operative relations between the two States,

expressing their concern about the danger of the spreading of international organized crime, international illicit trafficking in narcotic drugs, psychotropic substances and precursors, as well as international terrorism,

respecting the international agreements and legislation existing in both States and without prejudice to their previous obligations arising from the bilateral and multilateral agreements with third countries,

have agreed as follows:
Article 1

(1)	The Contracting Parties shall cooperate and provide mutual assistance in the following fields:

a)	fight against international terrorism,
b)	fight against organized crime,
c)	fight against illicit cultivation, production and trafficking in narcotic drugs, psychotropic substances and precursors,
d)	fight against illicit activities concerning weapons, including biological, chemical and radiological weapons, ammunition, explosives, nuclear and radioactive material as well as poisonous substances,
e)	fight against smuggling and international illegal economic activities and legalization of proceeds of crime,
f)	fight against illegal immigration and trafficking in human beings,
g)	fight against environmental criminality, in particular against illicit trafficking in endangered species of wild living animals and plants,
h)	fight against illicit disposal of dangerous waste,
i)	fight against forgery and altering of any kind of documents,
j)	fight against forgery and altering of banknotes, payment cards, securities and other valuable items,
k)	fight against violent crime against human life, health, freedom and sexual integrity,
l)	fight against crime against property, in particular against theft and illicit trafficking in vehicles,
m)	search for disappeared persons and persons who have committed criminal offences within the territory of the State of the other Contracting Party, as well as the identification of corpses,
n)	fight against illicit trafficking in artworks of historical and cultural heritage, valuable stones and metals, as well as other valuable items,
o)	cooperation in operational level through the exchange of liaison officers, police delegations and police officers, 
p)	cooperation in cultural, sport and social fields through the exchange of police delegations.

(2)	The Contracting Parties shall cooperate in other fields concerning crime in general, prevention of crime and maintenance of public order, if there is mutual interest.
Article 2

The cooperation between the Contracting Parties in the abovementioned fields in the Article 1 shall be achieved through:
a)	the exchange of information and experience in fields of common interest,
b)	the exchange of knowledge on use of forensic technology, as well as on methods and means of criminological research,
c)	the exchange of information, knowledge and experience in the field of border controls, as well as material and technical support of the passport controls, as well as material and technical support of the passport control services, in order to detect forged and altered travel documents and prevent illegal crossing of borders and illicit immigration,
d)	the exchange of specimens of new travel documents, types of visas and imprints of seals, in order to prevent and combat illegal crossing of  borders,
e)	the exchange of information on the prevention and suppression of any form of crime, in particular all acts of terrorism, organized crime and illicit trafficking in weapons, including biological, chemical and radiological weapons and illicit trafficking in  radioactive materials and poisonous substances,
f)	the exchange of information and experience in new methods used for manufacturing of narcotic drugs and psychotropic substances, their international trafficking, concealment and distribution, as well as on new methods to combat them, which are mentioned in paragraph c) of the above article 1, in accordance with the Single Convention on Narcotic Drugs of 1961, as it was amended by the Amendment Protocol in 1972, the Convention on Psychotropic Substances of 1971 and the 1988 United nations Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances,
g)	the exchange of information concerning the legislation related to provisions of this Agreement,
h)	publications and results of scientific researches in the fields covered by this Agreement, through organizing and taking measures of common interest,
i)	improving methods and means of maintaining and restoring public order and handling crisis situations,
j)	training and education of employees of law enforcement agencies.
Article 3

(1)	The Contracting Party may second the Liaison Officer to the police authorities or to the other authorities of fight against crime of the other Contracting Party for a definite period, with the agreement of the competent minister of the other Contracting Party. 
(2)	The purpose of the secondment of the Liaison Officer shall be to facilitate the co-operation between the Contracting Parties pursuant to this Agreement, as well as the permanent assistance in the following fields:
a)	exchange of information related to the prevention and clear-up of crime,
b)	according the letters of request in the criminal matters,
c)	cooperation in implementation of readmission agreements,
d)	transmission of information required for the fulfilment of tasks of the authorities competent for averting of threat of public order.
(3)	Liaison Officer shall perform the supportive and consultation task in relation to the competent authorities for the implementation of this Agreement and shall not be entitled to perform independently any acts in order to prevent and clear-up the crime.
(4)	Liaison Officer shall perform his activities according to the instructions of the competent authority for the implementation of this Agreement of the seconding Contracting Party and agreement concluded between such authority and the competent authority for the implementation of this Agreement of the receiving Contracting Party. Liaison Officer shall regularly inform on his activities the competent authority for the implementation of this Agreement of the receiving Contracting Party.
(5)	 Competent ministers of the Contracting Parties may agree, that the Liaison officer of one of the Contracting Parties performing the activities in the third country shall represent also the interests of the other Contracting Party in such third country within the interest of implementation of this Agreement.
(6)	Detailed conditions of the activities of the Liaison Officer shall be negotiated by the competent ministers of the Contracting Parties.

Article 4

(1)	Either Contracting Party may totally or partially refuse the cooperation in the cases, which may threaten its national sovereignty, security or national interests or it is contrary to its national legislation. The refusal of cooperation shall be notified in writing via diplomatic channels to the competent authority of the other Contracting Party without delay.
(2)	The implementation of this Agreement shall be subject to the national legislation of either Contracting Party.
(3)	The authorities competent for the implementation of this Agreement shall be:
For the Slovak Republic:
Head office of Police force
International Police Cooperation Office

For the Bosnia and Herzegovina:
Ministry of Security of Bosnia and Herzegovina
International Relations Sector 
(4)	For the purpose of the acceleration of the direct cooperation in cases of emergency, the Contracting Parties shall exchange a list containing the competent authorities responsible for communication and cooperation in 30 days after the entry into force of this Agreement.
Article 5

(1)	The Joint Committee established by minister of Interior of the Slovak Republic and minister of Security of Bosnia and Herzegovina shall be responsible for the implementation of this Agreement. The Joint Committee shall also ensure the promotion and evaluation of implementation of this Agreement. Representatives of other ministries may attend the meetings of this Joint Committee if it is necessary.
(2)	The Joint Committee shall hold its meeting alternately in the Slovak Republic and in Bosnia and Herzegovina in the places and on the dates agreed, at least once a year.
(3)	The working language shall be English, not excluding the use of any other agreed language by the Contracting Parties.
Article 6

The provision of personal data protection and any transmission of information between the Contracting Parties shall be carried out in compliance with national legislation of the States of the Contracting Parties and under the following conditions:

a)	the receiving Contracting Party may use such data solely for the purpose and under the conditions as stipulated by the originating Contracting Party,
b)	the receiving Contracting Party shall, at the request of the originating Contracting Party, provide information on the use of the information transmitted and on the results herewith achieved,
c)	the personal data may be transmitted exclusively to the authorities competent to combat crime; no data shall be made available to other authorities without the previous written approval of the originating Contracting Party,
d)	the originating Contracting Party shall be responsible for accuracy of the information transmitted and shall also ascertain whether such transmission is necessary and adequate; in case it is subsequently ascertained that incorrect data had been transmitted or  the data that should not have been transmitted, the receiving Contracting Party must be immediately notified thereof. The receiving Contracting Party shall either correct the errors, or destroy the data that should not have been transmitted,
e)	while transmitting the data, the originating Contracting Party shall notify the receiving Contracting Party of the time limit for destruction of the data in accordance with its national legislation; notwithstanding such time limit, any data relating to the person concerned must be destroyed as soon as their storage is no more needed; the originating Contracting Party must be notified of the destruction of the data transmitted and the reasons therefore; upon termination of this Agreement, all the data received hereunder, shall be destroyed,
f)	the Contracting Parties shall have the duty to keep records of transmission, receipt and destruction of data,
g)	the Contracting Parties shall have the duty to protect effectively the data against unauthorised access, alteration or disclosure.

Article 7

(1)	To ensure the protection of the classified data transmitted under this Agreement following regulations shall apply:

a)	the classified data transmitted under this Agreement shall be provided by the receiving Contracting Party under the same protection as the data classified under the own national legislation and marked by classification markings based on the corresponding table defined in paragraph (2) of this Article,
b)	the Contracting Parties shall manipulate the classified data in accordance with the applicable national legislation,
c)	the originating Contracting Party shall immediately notify in writing the receiving Contracting Party of any changes in the transmitted classified data or in its marking; based on this information, the receiving Contracting Party shall change the marking or cancel the manipulation with classified data,
d)	when transmitting the data, the originating Contracting Party shall notify the receiving Contracting Party about the timeframe of validity of the transmitted classified data,
e)	the transmitted classified data may be used solely for the purpose and under the conditions stipulated by the originating Contracting Party, whereby only the persons being authorized under national legislation of the state of the receiving Contracting Party shall be allowed to have the access to such data,
f)	should by the receiving Contracting Party be ascertained that the manipulation with the transmitted classified data had been unauthorized, it shall immediately notify the originating Contracting Party thereof; the notification shall include the circumstances of the breach of the national legislation and its consequences as well as the measures taken to prevent its repeated occurence,
g)	no information, data, material or technical equipment shall be provided, under this Agreement, to any third party without a previous consent of the originating Contracting Party.

(2)	Classification markings of classified data are as follows:

Slovak Republic 	Equivalent in English language 	Republic of Bosnia and Herzegovina	
PRÍSNE TAJNÉ	TOP SECRET	DRŽAVNA TAJNA	
TAJNÉ	SECRET	SLUŽBENA TAJNA
STROGO POVERLJIVO	
DÔVERNÉ	CONFIDENTIAL	SLUŽBENA TAJNA
POVERLJIVO	
VYHRADENÉ	RESTRICTED	ZA INTERNU UPOTREBU	

(3)	The check of protection of the classified data transmitted under this Agreement shall be carried out:

a)	for the Slovak Party:

	Ministry of Interior of the Slovak Republic,

b)	for the Bosnian and Herzegovinian Party:

	Ministry of Security of the Bosnia and Herzegovina.

Article 8

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

Article 9

This Agreement shall be without prejudice to the commitments of the States of the Contracting Parties binding for them under bilateral or multilateral international agreements.
Article 10

(1)	This Agreement shall be concluded for an indefinite period and shall enter into force on the thirtieth (30) day after the date of receipt of the last notification by which either Contracting Party informs the other on the fulfilment of the internal legal conditions necessary for entry into force of this Agreement.
(2)	Either Contracting Party may propose the amendments of this Agreement. They shall enter into force pursuant to paragraph (1).
(3)	Each Contracting Party may denounce this Agreement in writing via diplomatic channels. The Agreement shall cease to apply on the thirtieth (30) day after the receipt of such notification by the other Contracting Party.
(4)	Either Contracting Party may at any time suspend totally or partially the implementation of this Agreement for reasons of security, public order or health. The Contracting Parties shall inform each other forthwith on the adoption or cancellation of such a measure via diplomatic channel. The suspension of the implementation of this Agreement shall become effective on the date of receipt of the notification by the other Contracting Party. The Contracting Parties shall inform each other on the further implementation of this Agreement via diplomatic channels.

Done at …………….. on …………………….. in two original copies in Slovak language, official languages of Bosnia and Herzegovina (Bosnian, Croatian and Serbian) and English language, all texts being equally authentic. In case of any divergence, the English text shall prevail.

  For the Government                                                                 For the Council of Ministers
of the Slovak Republic                                                                 of Bosnia and Herzegovina