Статья 19«Соглашение между Правительством Российской Федерации и Правительством Демократической Социалистической Республики Шри-Ланка о сотрудничестве в борьбе с незаконным оборотом и употреблением наркотических средств и психотропных веществ» [рус., англ.]

Настоящее Соглашение заключается сроком на 5 лет, после чего будет продлеваться автоматически на последующие 5-летние периоды, если ни одна из Сторон не менее чем за 6 месяцев до истечения соответствующего периода его действия не уведомит другую Сторону в письменной форме о своем намерении прекратить действие настоящего Соглашения.

В случае прекращения действия настоящего Соглашения положения статьи 5 остаются в силе.

Совершено в г. Коломбо 26 октября 2009 г. в двух экземплярах, каждый на русском, сингальском и английском языках, причем все тексты имеют одинаковую силу.

В случае расхождений для целей толкования настоящего Соглашения используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ON COOPERATION TO SUPPRESS ILLICIT TRAFFIC IN AND ABUSE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

(Colombo, 26.X.2009)

The Government of the Russian Federation and the Government of the Democratic Socialist Republic of Sri Lanka hereinafter referred to as «the Parties»,

Recognizing that illicit traffic in narcotic drugs, psychotropic substances (thereinafter referred to as «narcotic drugs») and their precursors poses a serious threat to the health of the peoples, stability of economic development and security, and affects the core interests of both States,

Deeply concerned by the growth of illicit traffic in narcotic drugs and increasing problems related to their abuse,

Agreeing that those problems should be addressed in a comprehensive manner, including through reduction of both demand and supply,

Desiring to develop cooperation in combating illicit traffic in and abuse of narcotic drugs, including through agreeing on national policy and implementing programmes, which would provide for establishment of direct channels of communication and effective exchange of information between competent authorities of the Parties,

Taking into account the interaction of the Parties aimed at creating a cooperation mechanism to suppress illicit traffic in and abuse of narcotic drugs as well as related criminal activities,

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

Striving to ensure that the cooperation governed by this Agreement complement the interaction taking place in conformity with the international obligations under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988,

Bearing in mind the Political Declaration, the Declaration on the Guiding Principles of Drug Demand Reduction, other decisions adopted by the United Nations General Assembly at its twentieth special session in 1998 and other regional and interregional instruments in this area,

Guided by the generally recognized principles and rules of international Law,

Have agreed as follows:

Under this Agreement the Parties will cooperate in combating illicit traffic in and abuse of narcotic drugs in compliance with the legislation their States and with the international treaties to which they are States Parties.

Cooperation under this Agreement shall be implemented by means of direct contacts and arrangements between the competent authorities of the Parties specified in this Agreement, for the purpose of which appropriate communication channels should be established.

The competent authorities of the Russian Federation shall be:

• 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,
• Federal Customs Service,
• Federal Financial Monitoring Service.

The competent authorities of the Democratic Socialist Republic of Sri Lanka shall be:

• Ministry of Foreign Affairs of the Democratic Socialist Republic of Sri Lanka;
• Ministry of Defence, Public Security, Law and Order of the Democratic Socialist Republic of Sri Lanka;
• The National Dangerous Drugs Control Board of Sri Lanka.

Each Party may, if necessary, engage representatives from other agencies for their assistance in addressing special issues.

The Parties shall immediately notify each other through diplomatic channels of any changes made to the list of competent authorities.

The Parties will strive to coordinate their policies and agreed positions at the international forums on the suppression of illicit traffic in narcotic drugs and their precursors and abuse of narcotic drugs.

The competent authorities of the Parties, in compliance with their national legislation, will exchange information, which is of interest for both Parties, including the following:

1. models and methods used to identify sources of supply of narcotic drugs and their precursors into illicit traffic and methods used to suppress their distribution;

2. origin of narcotic drugs and their precursors seized in the territory of the State of the other Party and chemical and physical characteristics thereof;

3. methods used to identify consumers of narcotic drugs;

4. facts and events related to the unlawful movement of or intent to unlawfully move narcotic drugs from or to the territory of the State of either Party;

5. techniques used to conceal narcotic drugs during their transportation and methods used to discover them;

6. identified manufacturers and transporters of narcotic drugs, persons, organizations and institutions suspected of being involved in illicit traffic in narcotic drugs, as well as information on their links in the territory of the state of the other Party;

7. structure, composition, areas of activity, management and links of transnational criminal groups which are involved in illicit traffic in narcotic drugs and their precursors;

8. initiated criminal cases and finalized investigation thereof, of judgment delivered with respect to a person or a group of persons charged with violation of laws against illicit traffic in or abuse of narcotic drugs;

9. activities of a person or a group of persons related to the legalization (laundering) of proceeds from illicit traffic in narcotic drugs and their precursors;

10. means and methods to suppress legalization (laundering) of proceeds from illicit traffic in narcotic drugs and their precursors;

11. detection and detention of sea vessels and (or) aircraft, other vehicles if there are suspicions about their use for illicit transportation of narcotic drugs and their precursors, so that appropriate authorities of the States of the Parties could take measures, which they deem necessary in compliance with international regulations and legislation of their States;

12. study and assessment of the situation with narcotic drug abuse and its trends, as well as preventive measures taken and planed;

13. importation and (or) exportation, production, distribution, sale of controlled narcotic drugs and their precursors, and

14. illicit use of precursors for production of narcotic drugs, ways and methods of their distribution.

Competent authorities of the States Parties shall notify each other which oral or written information provided under this Agreement shall be considered confidential in accordance with the national legislation of their States (with the exception of publicly available information) and may be used for research and other purposes only with a written consent from the submitting authority.

Competent authorities of a Party shall not convey the information received from the other Party under this Agreement to a third party, unless they agree upon otherwise.

Competent authorities of the States Parties duly authorized under the national legislation of their States shall use the method of controlled delivery, when they consider it appropriate, on a mutual basis.

Competent authorities of a State Party at the request of competent authorities of the other State Party shall conduct operational investigations in the territories of their States in accordance with their national legislation.

Competent authorities of the States Parties shall cooperate in discovering, controlling and destroying crops, cultivated with a view to illicitly manufacturing narcotic drugs.

Competent authorities of the States Parties shall cooperate in drug-abuse prevention, treatment and rehabilitation of drug addicts, as well as promote the exchange of information and expertise in this field.

Competent authorities of the States Parties shall cooperate in the sphere of exchange of experience, staff training and development, including through the organization of internships and consultations of experts in the control of traffic in narcotic drugs and their precursors.

Competent authorities of the States Parties shall exchange the national lists of state-controlled narcotic drugs and psychotropic substances and their precursors and shall notify each other of any changes therein.

Should either Party make any change in the aforementioned lists, the other Party shall consider the introduction of the same change in its corresponding national lists.

Competent authorities of the States Parties shall exchange information on the legislation and practice of their States in control of traffic in drugs and their precursors.

Assistance shall be provided, under this Agreement, on the own initiative of a competent authority of each of the States Parties or at the request.

Request for assistance shall be submitted in writing, including through the use of data transmission facilities. Request for assistance contains:

name of the requesting competent authority;

name of the requested competent authority;

subject matter and its rationale;

desired date of execution of the request;

The request shall be signed by the head of the requesting competent authority or his deputy and certified by the seal of the competent authority.

Requests and related documents submitted under this Agreement shall be made in English.

A request for assistance may be denied completely or partially, if the requested Party considers that execution of the request is likely to affect its sovereignty, security or other essential interests of its State or runs counter to the national legislation or international obligations of the State of the requested Party.

In case of a refusal to execute a request the competent authority of the requested State Party shall notify in writing the competent authority of the requesting State Party accordingly, reasons for such denial.

The Ministry of Foreign Affairs of the Russian Federation and the Ministry of Foreign Affairs of the Democratic Socialist Republic of Sri Lanka will hold consultations, by mutual consent, in order to coordinate and enhance the efficiency of cooperation under this Agreement.

Competent authorities of the States Parties may establish working groups, hold expert meetings and conclude interdepartmental agreements with each other in order to implement this Agreement in a more effective manner.

The provisions of this Agreement shall not prevent the Parties from establishing or using other mutually acceptable forms and modalities of cooperation in combating illicit drug trafficking.

This Agreement shall enter into force on the date of receipt of the last written notification, via diplomatic channels, of the completion by the Parties of the necessary domestic procedures for its entry into force. This Agreement may be amended by mutual consent between the Parties.

This Agreement shall be concluded for five years and shall be automatically extended for further five-year periods unless either Party sends a written notification to the other Party of its intent to terminate this Agreement not less than six months prior to the termination of the corresponding period.

In case of termination of this Agreement, the provisions of Article 5 shall remain in force.

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