Статья 14«Соглашение между Правительством Российской Федерации и Правительством Объединенных Арабских Эмиратов о сотрудничестве в области борьбы с преступностью» [рус., англ.]

Заключительные положения

1. Настоящее Соглашение вступает в силу с даты получения последнего письменного уведомления о выполнении Сторонами соответствующих внутригосударственных процедур, необходимых для его вступления в силу.

2. В настоящее Соглашение могут быть внесены изменения по взаимному письменному согласию обеих Сторон. Любые изменения вступают в силу в порядке, предусмотренном в пункте 1 настоящей статьи.

3. Настоящее Соглашение заключается на неопределенный срок и будет действовать до истечения шести месяцев с даты получения одной из Сторон письменного уведомления другой Стороны о прекращении его действия без ущерба для исполнения запросов, направленных до даты извещения о прекращении действия Соглашения.

Совершено в г. Абу-Даби 10 сентября 2007 года в двух экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу. В случае разногласий при толковании настоящего Соглашения используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES ON COOPERATION IN THE FIELD OF COMBATING CRIME

(Abu-Dhabi, 10.IX.2007)

The Government of the Russian Federation and the Government of the United Arab Emirates, hereinafter referred to as «the Parties»,

expressing their willingness to strengthen friendly relations between the two States,

recognizing the seriousness of crime and its damaging effects on the society's economic, social and political bases, and

aiming at developing cooperation between both of them in the field of controlling crime of all types, safeguarding law and public order and securing human rights and freedoms,

have agreed as follows:

The Parties shall cooperate in accordance with the provisions of this Agreement complying with the legislation and international obligations of their States.

1. For the purposes of implementing this Agreement the Competent Authorities are:

for the Russian Federation:

the Ministry of Interior of the Russian Federation;

the Federal Security Service of the Russian Federation;

for the United Arab Emirates:

the Ministry of the Interior of United Arab Emirates;

the State Security Department of United Arab Emirates (with regard to the issues of fighting terrorism acts, including the exchange of information about terrorism organizations, groups, elements, methods, designs and financing, as well as illicit trafficking in weapons, ammunition, explosive substances and radioactive materials, weapon of mass destruction and the technology of its production).

2. The Parties shall notify each other of any changes of the Competent Authorities listed in part 1 of the present Article through diplomatic channels.

3. The Competent Authorities shall notify each other of their units implementing coordination of measures on cooperation within the framework of this Agreement.

The Competent Authorities shall cooperate in the prevention, identification, suppression and detection of crimes, and in particular of:

1. violent crimes against persons and property;

2. terrorist acts and financing of terrorism;

3. corruption and organized crime;

4. illicit trafficking in weapons, ammunition, explosives, poisonous substances and radioactive materials;

5. trafficking in persons and exploitation of the prostitution of others;

6. illegal trafficking in narcotic drugs, psychotropic substances and their precursors;

7. economic crime and money laundering;

8. information technology crime;

9. counterfeit and distribution of currency, official documents, securities and financial instruments;

10. crimes in the sphere of intellectual property;

11. cultural and historical values theft and smuggling;

12. vehicle theft and smuggling;

13. transport crimes.

For the purpose of implementing this Agreement, the Competent Authorities shall cooperate in the following forms:

1. exchange of information related to the crimes being prepared or committed;

2. exchange of information on persons evading criminal prosecution or execution of sentences, and also on those who are reported missing;

3. exchange of information on new criminal modus operandi used in commission of crimes and the new methods of combating them;

4. assistance in conducting operative-searching measures;

5. identification of unidentified corpses, persons who are unable to report their personal data;

6. exchange of practical experience, scientific information and technical data;

7. exchange of texts of legislative and other legal acts;

8. staff education and training.

This Agreement does not prevent the Competent Authorities to determine and develop other mutually acceptable directions and forms of cooperation.

1. Cooperation within the framework of this Agreement shall be carried out on the basis of requests for assistance submitted by one of the Competent Authorities or by an initiative of the Competent Authority, which presumes that such assistance is of interest for the other Competent Authority.

2. A request for assistance shall be made in writing, however, in urgent cases, a request can be made verbally, providing that it is confirmed in writing within 3 days, including with the use of technical means of communication.

Should any doubts related to the authenticity or to the contents of the request emerge, its additional confirmation may be asked for.

3. A request for assistance shall contain the following information:

a) the name of the Competent Authority requesting assistance and the name of the requested Competent Authority;

b) facts and details of the case;

c) purpose and grounds of request;

d) description of the assistance requested;

e) any additional information which could be helpful for a proper execution of the request.

4. A request for assistance, forwarded or confirmed in writing, shall be signed by the head of the requesting Competent Authority or by his deputy, and certified by the stamp of this Authority.

1. The requested Competent Authority shall completely or partially deny to execute the request received in accordance with this Agreement if it considers that the execution of the request may be detrimental to sovereignty, security, public order or other essential interests of its State, or contradicts with the legislation or international obligations of the requested Competent Authority's State.

2. The execution of the request may be denied if the act — in relation to which the request was made — is not punishable under the criminal law of the State of the requested Competent Authority.

3. In all cases, the requested Competent Authority shall immediately notify in writing the requesting Competent Authority of the reasons of the denial to execute the request.

1. The requested Competent Authority shall take all necessary measures to ensure urgent and complete execution of the request. The requesting Competent Authority shall be immediately informed about the circumstances hampering or considerably delaying the execution of the request.

2. The requested Competent Authority may ask for additional information, which is necessary for the execution of the request.

3. The requested Competent Authority may postpone the execution of the request or determine specific conditions for its execution. If the requesting Competent Authority agrees to such conditions, it shall abide by the same.

4. The requested Competent Authority following the request of the requesting Competent Authority shall take all necessary measures to ensure confidentiality of the fact that the request was received, as well as its contents and annexed documents, and the fact of providing assistance. If it is not possible to execute a request without preserving its confidentiality the requested Competent Authority shall inform the requesting Competent Authority about it, and the latter shall decide whether it is acceptable to execute the request under such conditions.

5. If the execution of the request is not within the competence of the requested Competent Authority, the latter immediately passes it to the corresponding Competent Authority of its state and informs about it the requesting Competent Authority.

6. The requested Competent Authority at the earliest possible convenience shall inform the requesting Competent Authority about the outcome of the execution of the request.

7. Expenses related to the execution of the provisions of this Agreement on the territory of the State of the requested Party are borne by its Competent Authority. Should the execution of the request entail any extraordinary expenses, the Competent Authorities shall make consultations upon the terms and conditions of payment of such expenses to ensure the execution of the request.

1. Each Competent Authority shall ensure the confidentiality of information and documents received from the other Competent Authority if the providing Competent Authority does not want their public disclosure. The degree of such a restriction applied to the information and documents shall be imposed by the providing Competent Authority.

2. The outcome of the execution of the request shall not be used without the consent of the providing Competent Authority for the purposes other than those for which they were requested and provided.

3. Information received by one of the Competent Authorities may not be disclosed to a third party without a written consent of the providing Competent Authority, with the exception of cases when it becomes necessary to share it with other state authorities of the Competent Authority which received information in accordance with the legislation of this State.

1. Cooperation within the framework of this Agreement shall be carried out in the Russian, Arabic or English languages.

2. Requests and replies to them are sent in writing in the official language of the State of the providing Party with a translation into the English language.

Representatives of the Competent Authorities when necessary shall hold working meetings and consultations in order to discuss methods of improving efficiency of cooperation under this Agreement.

Any dispute between the Parties concerning the interpretation or the implementation of the provisions of this Agreement shall be settled by them through consultations and negotiations.

1. This Agreement shall not pertain to any rights or obligations of each Party arising from other international agreements to which its State is a Party.

2. This Agreement does not embrace extradition and mutual legal assistance in criminal matters.

1. This Agreement shall enter into force on the date of the receipt of the last written notification by which the Parties inform each other that their relevant internal procedures have been completed.

2. This Agreement may be modified by the written consent of both Parties. Any modifications shall enter into force according to the procedure described in paragraph 1 of this Article.

3. This Agreement is concluded for an indefinite period and shall remain in force for six months after the date on which either Party receives from the other Party a written notice about its termination without prejudice to the execution of the requests made prior to the date of the notification of termination.

Done in Abu-Dhabi, September 10, 2007, in duplicate, each in the Russian, Arabic and English languages, all texts are being equally authentic.

In case of any difference in the interpretation of this Agreement, the English text shall be used.

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