Статья 13«Соглашение между Федеральной службой по финансовому мониторингу (Российская Федерация) и Генеральным инспектором финансовой информации Республики Польша о взаимодействии в сфере противодействия легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма» [рус., англ.]

Соглашение между Комитетом Российской Федерации по финансовому мониторингу и Генеральным инспектором финансовой информации Республики Польша о взаимодействии в сфере противодействия легализации (отмыванию) доходов, полученных преступным путем, подписанное 24 июня 2003 г. в Москве утрачивает силу.

Совершено в г. Сан-Сити 3 июля 2013 г. в двух экземплярах, каждый на русском, польском и английском языках, причем все тексты имеют одинаковую силу.

BETWEEN THE FEDERAL FINANCIAL MONITORING SERVICE (RUSSIAN FEDERATION) AND THE GENERAL INSPECTOR OF FINANCIAL INFORMATION OF THE REPUBLIC OF POLAND CONCERNING COOPERATION IN THE SPHERE OF COUNTERACTING LEGALIZATION (LAUNDERING) OF PROCEEDS FROM CRIME, AND FINANCING OF TERRORISM

(Sun City, 3.VII.2013)

The Federal Financial Monitoring Service (Russian Federation) and the competent authorities of the Republic of Poland (General Inspector of Financial Information), hereinafter referred to as «Parties»,

guided by mutual interests in the sphere of counteracting legalization (laundering) of proceeds from crime, financing of terrorism and related criminal activity,

considering the need to cooperate as efficiently as possible

have agreed as follows:

The Parties shall cooperate, in particular, in the exchange of information in conformity with the provisions of the present Agreement, acting within their competence in consistence with national legislation and international obligations of their States.

The Parties shall cooperate, in particular, in the exchange of information, to assemble, develop and analyze information in their possession concerning transactions with monetary funds and other assets suspected of being related to legalization (laundering) of proceeds from crime, financing of terrorism and related criminal activity, as well as in exchange of information on the activity of natural and legal persons involved in such transactions.

1. The Parties shall exchange information in writing, by technical means of communication arranged for (including the Egmont Secure Web), upon request or spontaneously.

2. The request shall include the following:

a) The requesting Party's name.

b) The requested Party's name.

c) Brief statement of the underlying facts and its grounds (in case of urgency of the request the requesting Party shall justify its necessity).

d) Description of contents of the information sought.

e) Purpose for which the information is sought.

f) Any other information which requesting Party deems useful for its execution.

3. For the proper execution of the request, the requested Party may request that any additional information be provided, if necessary.

1. The request may be refused in full or partially if its execution may affect the sovereignty, security, public order of the requested Party's State, or if it contradicts national legislation and (or) international obligations of the requested Party's State, or if judicial proceedings have already been initiated in the State of the requested Party.

2. If the requested Party refuses to execute the request it shall inform the requesting Party of the reasons for the refusal.

1. The information acquired under the present Agreement shall not be used for the purposes other than those stated in requests and produced for, without the prior written consent of the requested Party.

2. The information acquired under the present Agreement shall be held as confidential and be protected by the same confidentiality as provided by the national legislation of the requesting Party for similar information from national sources.

3. The Parties, guided by the legislation and international obligations of their States shall take the necessary administrative and technical measures to protect information acquired under the present Agreement from accidental or illegal destruction, distortion, dissemination and any other unlawful use.

4. The information acquired under the present Agreement shall be stored no longer than it is needed in accordance with the purposes for which it was disclosed. The information shall be destroyed in compliance with the legal acts of each of the Parties' States.

1. For the Russian Party the exchange of information shall be provided in consistence with the legislation of the Russian Federation.

2. For the Polish Party the exchange of information shall be provided in consistence with its national legislation.

3. The information under this Agreement can be used in pretrial and judicial purposes only within the cases related to legalization (laundering) of proceeds from crime, financing of terrorism and related criminal activity, after receiving the explicit consent of the requested Party.

1. The Parties shall jointly arrange for the information exchange procedures consistent with the legislation of their respective States and shall consult each other on the issues under the present Agreement.

2. The Parties may exchange information on each of the Parties' national legislation in the sphere of counteracting legalization (laundering) of proceeds from crime and financing of terrorism, upon request or spontaneously.

3. The Parties can jointly arrange for and hold meetings and workshops to share experience and discuss issues of mutual interest.

4. Nothing in the present Agreement shall prevent the Parties from elaboration and development of other mutually acceptable forms of cooperation.

The cooperation and exchange of information between the Parties shall take place in the English language.

The present Agreement may be amended by mutual consent of the Parties, in the form of supplementary annexes.

The Parties shall hold negotiations and consultations in order to settle any disputes that may arise in the interpretation or implementation of the present Agreement.

The provisions of the present Agreement shall not violate any rights and obligations following from other international treaties to which the Russian Federation and the Republic of Poland are parties.

1. The present Agreement shall be concluded for an indefinite period of time.

2. The present Agreement shall enter into force on the day of its signature.

3. Either Party at any time may notify the other Party in writing of its intention to terminate this Agreement. The present Agreement shall terminate 30 days after receipt of such notification by the other Party.

4. The provisions of the present Agreement ensuring the confidentiality of the information received prior to the termination of the present Agreement shall remain in force after its termination.

The Agreement between the Financial Monitoring Committee of the Russian Federation and the General Inspector of Financial Information (Republic of Poland) concerning cooperation in the sphere of combating legalization (laundering) of proceeds from crime signed on 24 June 2003 in Moscow is hereby terminated.

Done in Sun City on 3 July, 2013 in duplicate, each in Russian, Polish and English languages, each text being equally authentic.

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