Статья 15«Соглашение между Правительством Российской Федерации и Правительством Исламской Республики Афганистан о сотрудничестве в борьбе с незаконным оборотом наркотических средств, психотропных веществ и их прекурсоров» [рус., англ.]

Настоящее Соглашение заключается сроком на пять лет. В дальнейшем действие настоящего Соглашения автоматически продлевается на последующие пятилетние периоды, если ни одна из Сторон не менее чем за шесть месяцев до истечения первоначального или любого последующего периода его действия не уведомит другую Сторону в письменной форме о своем намерении прекратить действие настоящего Соглашения.

В случае прекращения действия настоящего Соглашения обязательства Сторон, предусмотренные в его статье 8, остаются в силе.

Совершено в г. Кабуле 16 марта 2009 года (что соответствует 26 хута 1387 года по афганскому календарю) в двух экземплярах, каждый на русском, дари и английском языках, причем все тексты имеют одинаковую силу.

В случае разночтений при толковании предпочтение будет отдаваться тексту на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF AFGHANISTAN ON COOPERATION IN COMBATING ILLICIT TRAFFIC IN NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND THEIR PRECURSORS

(Kabul, 16.III.2009)

The Government of the Russian Federation and the Government of the Islamic Republic of Afghanistan, hereinafter referred to as the «Parties»,

Concerned by increasing illicit traffic in narcotic drugs and psychotropic substances (hereinafter «narcotic drugs») and their precursors,

Aware that illicit traffic in narcotic drugs poses a serious threat to the health and welfare of the peoples of the two States,

Recognizing that suppression of illicit traffic in narcotic drugs as one of the most dangerous forms of international criminal activity demands urgent and priority attention,

Reaffirming their commitments under the 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol Amending the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances and the United Nations 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances,

Desiring that the cooperation provided for in this Agreement would complement the interaction carried out pursuant to other international commitments to suppress illicit traffic in narcotic drugs and their precursors,

Have agreed as follows:

In accordance with the legislations of their States and the provisions of this Agreement, the Parties shall cooperate in the field of suppressing illicit traffic in narcotic drugs and their precursors.

The competent authorities responsible for the implementation of this Agreement (hereinafter «Competent Authorities») shall be:

From the Russian Federation:

Federal Service of the Russian Federation for Narcotics Traffic Control;

Ministry of the Interior of the Russian Federation;

Ministry of Health and Social Development of the Russian Federation;

Prosecutor General's Office of the Russian Federation;

Federal Security Service of the Russian Federation;

Foreign Intelligence Service of the Russian Federation;

Federal Financial Monitoring Service;

Federal Customs Service;

From the Islamic Republic of Afghanistan:

Ministry of Counter Narcotics;

Ministry of the Interior;

Ministry of Justice;

Ministry Public Health;

Ministry of Agriculture;

National Security Chief Directorate;

Ministry of Rural Rehabilitation and Development;

Prosecutor General's Office;

Ministry of Finance Customs Services.

The Parties shall notify expeditiously each other through diplomatic channels of any changes to the lists of the above-mentioned Competent Authorities of their States.

In order to ensure effective interaction within the framework of this Agreement, the Competent Authorities of the States of the Parties shall establish direct communication links between each other.

From the Russian Federation the Ministry of Foreign Affairs of the Russian Federation shall be responsible for coordination of cooperation within the framework of this Agreement, from the Islamic Republic of Afghanistan — the Ministry of Foreign Affairs of the Islamic Republic of Afghanistan.

1. The Competent Authorities of the States of the Parties shall pursue cooperation in the following formats:

1. exchange of information on combating illicit traffic in narcotic drugs and their precursors;

2. carrying out of operational search activities on requests concerning illicit traffic in narcotic drugs and their precursors;

3. exchange of information on preventive measures, treatment, rehabilitation and social adaptation of drug abusers;

4. mutual assistance in the implementation of measures to suppress illicit traffic in narcotic drugs and their precursors, including assistance in conducting controlled deliveries, as well as measures to control the legal trade therein;

5. exchange of legislative and other regulatory legal acts of their States, as well as implementation materials, statistics and methodological recommendations concerning combating illicit traffic in narcotic drugs and their precursors, including control of the legal trade therein;

6. personnel training and development;

7. provision of technical and consultative support, as well as assistance in expert assessments;

8. exchange, as appropriate, of samples and results of examination of drugs seized from illicit traffic;

9. coordination of activities on issues arising within the framework of cooperation, including conducting joint meetings, conferences, establishing working groups, and exchanging representatives.

2. This Agreement does not preclude the Competent Authorities of the States of the Parties from elaborating and developing other mutually acceptable formats of cooperation.

3. This Agreement does not cover the issues of extradition and providing legal assistance in criminal cases.

Within the framework of this Agreement the Competent Authorities of the Parties shall exchange information on:

1. any offences related to illicit traffic in narcotic drugs and their precursors committed or planned in the territories of the States of the Parties;

2. persons reported to be involved in cross-border illicit traffic in narcotic drugs and their precursors;

3. specific facts and events related to illicit movement of, or intentions to illicitly move, narcotic drugs and their precursors from the territory of the State of one Party to that of the State of another Party;

4. structure, membership, areas of activity, management and ties of criminal groups involved in illicit traffic in narcotic drugs and their precursors, whose activities are international in their nature;

5. actual or suspected contacts between individuals and criminal groups operating in the territories of the States of the Parties and involved in illicit traffic in narcotic drugs and their precursors;

6. formats and methods of conducting criminal activities related to illicit traffic in narcotic drugs and their precursors;

7. activities aimed at legalization (laundering) of proceeds from illicit traffic in narcotic drugs and their precursors;

8. formats and methods of revealing the sources of narcotic drugs and their precursors used to supply illicit traffic therein and measures intended to suppress such illicit traffic;

9. new types of narcotic drugs involved in illicit traffic, as well as technologies for their manufacturing and use;

10. methods used to conceal and cover up narcotic drugs in the process of their cultivation as well as manufacturing, transportation and sale of drugs and their precursors, and methods of their detection;

11. other issues of common interest.

1. Assistance within this Agreement shall be provided based on a request for assistance (hereinafter «request»).

A request shall be submitted in writing. In cases of urgency, a request can be made verbally, yet to be confirmed in writing within three days thereafter.

When doubts arise over the authenticity or contents of the request received, the requested Competent Authority can ask the requesting Competent Authority to provide written confirmation.

2. The request shall contain the following:

1. name of the requesting Competent Authority;

2. name of the requested Competent Authority;

3. summary of the subject matter of the request and justification thereof;

4. other data necessary for the execution thereof.

3. The requested Competent Authority may, as appropriate, request additional information necessary for due execution of the request.

4. Requests and any attached documents sent pursuant to this Agreement shall be compiled in the language previously agreed between the Competent Authorities of the States of the Parties.

1. The requested Competent Authority shall take all necessary measures to ensure prompt execution of the request to the fullest extent possible. The request shall be executed, as a rule, within the period not exceeding 30 days from the date of its receipt.

2. The requested Competent Authority may allow the authorized representatives of the requesting Competent Authority to witness the execution of the request in the territory of its State, unless it contradicts the laws of its State.

1. Should the execution of the request be impossible or denied, the requested Competent Authority immediately notifies the requesting Competent Authority thereof in writing and indicates the reasons hindering the execution of the request.

2. The execution of the request may be denied, fully or partially, if the requested Competent Authority believes that its execution may undermine the sovereignty, security or other important interests of its State or contradicts the laws of its State.

3. Should the requested Competent Authority believe that prompt execution of the request may obstruct criminal prosecution or other proceedings conducted in the territory of its State, it may postpone the execution of the request or subject its execution to conditions identified as necessary after consultations with the requesting Competent Authority. Should the requesting Competent Authority agree to receive assistance on the proposed conditions, it shall comply with those conditions.

1. Any information provided to each other by the Competent Authorities of both Parties for the purposes of implementing this Agreement, both orally and in writing, shall be regarded as confidential, except for publicly available information, and shall only be used in accordance with the conditions that might be set forth by the providing Competent Authority.

2. Confidential information, including documents and materials, received under this Agreement, shall not be transferred to a third Party without prior written consent of the providing Competent Authority.

3. Should the execution of the request be impossible without breaching its confidentiality the requested Competent Authority shall notify the requesting Competent Authority thereof and the latter shall adopt a decision on the execution of the request on these conditions.

While pursuing cooperation under this Agreement, the Competent Authorities of the States of the Parties shall use the language they have agreed upon in advance.

1. The Competent Authorities of the States of the Parties shall bear the costs related to the implementation of this Agreement in the territory of the State of their Party unless other procedure is agreed in each specific case.

2. The Competent Authorities of the States of the Parties shall assume all costs related to the travel and stay of their representatives in the territory of the State of the other Party unless otherwise agreed by the Competent Authorities concerned.

3. The travel of the representatives of the requesting Competent Authority shall be made with prior consent of the requested Competent Authority.

4. The financing procedures of implementation of cooperation under this Agreement shall be determined by specific arrangements between the Parties.

The Competent Authorities of the States of the Parties may conclude, within their powers, inter-agency agreements with a view to ensuring more efficient implementation of the provisions of this Agreement.

This Agreement does not cover the rights and obligations of each of the Parties under other international agreements, to which the Russian Federation or the Islamic Republic of Afghanistan are Parties.

Disputes which may arise between the Parties in connection with the interpretation or application of this Agreement shall be resolved through consultations between the Parties.

This Agreement shall enter into force on the date of receipt through diplomatic channels of the last written notification that the Parties have completed their internal national procedures necessary for its entry into force.

This Agreement is signed for a period of five years. Thereafter the duration of this Agreement shall be automatically extended for subsequent five-year periods unless one of the Parties notifies in writing the other Party of its intention to terminate this Agreement at least six months prior to the expiration of the initial or any subsequent periods.

In case of termination of this Agreement, the obligations of the Parties under its Article 8 shall remain in force.

Done in Kabul on March 16th, 2009 (which corresponds to Hut 26th, 1387 in the Afghan calendar) in two copies, each in the Russian, Dari and English languages, all texts having equal force.

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