Статья 21«Соглашение между Российской Федерацией и Государством Кувейт о выдаче» [рус., англ.]

1. Настоящее Соглашение заключается на неопределенный срок и вступает в силу по истечении 30 дней с даты получения по дипломатическим каналам последнего письменного уведомления Сторон о выполнении внутригосударственных процедур, необходимых для его вступления в силу в соответствии с законодательством Сторон.

2. Настоящее Соглашение прекращает свое действие по истечении 180 дней с даты получения по дипломатическим каналам одной Стороной письменного уведомления другой Стороны о ее намерении прекратить его действие.

3. Прекращение действия настоящего Соглашения не препятствует завершению исполнения запросов о выдаче, полученных до даты прекращения его действия.

Совершено в г. Санкт-Петербурге 28 июня 2024 г. в двух экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу. В случае расхождения в толковании используется текст на английском языке.

The Russian Federation and the State of Kuwait, hereinafter referred to as the «Parties»,

Wishing to facilitate more efficient crime control cooperation between these two states,

Aspiring to strengthen the relationship between these two states as pertaining to extraditions by concluding this Agreement,

On the basis of the principles of sovereignty, equality and mutual benefit,

Article 1

The Parties undertake, in accordance with the terms and conditions of this Agreement, to extradite any persons to each other on request for criminal prosecution or execution of sentences.

This Agreement shall apply to all requests for extradition, made upon commencement hereof, even if they relate to any crimes committed prior to such commencement.

1. The Central Authorities authorized to perform this Agreement:

For the Russian Federation — The Office of the Prosecutor General of the Russian Federation;

For the State of Kuwait — Ministry of Justice.

2. The Parties shall immediately notify each other through diplomatic channels in case of any change of their Central Authorities.

3. For the purpose of this Agreement the Central Authorities of the Parties shall communicate directly.

1. For the purposes of this Agreement, crimes entailing extradition shall mean any acts that, as defined by applicable laws of both Parties, are penal acts and entail punishment in the form of imprisonment for a term of not less than 1 year or more severe punishment.

2. Should any request for extradition include a number of different acts, punishable pursuant to applicable laws of both Parties, however, some of them do not meet the requirement of the punitive measure specified in Paragraph 1 of this Article, the Requested Party may at its discretion extradite a relevant person in connection with such acts as well.

3. In case any such request for extradition is made in respect of any person, convicted in the Requesting Party for punishment in the form of imprisonment for committing a crime, which is subject to this Agreement, such extradition may take place only if an unexpired term of punishment on the date of the decision of extradition is not less than 6 months. In exceptional cases the Parties may agree upon extradition, if an unexpired term of punishment is less than 6 months.

4. In case the qualification of the alleged act changes in the course of the criminal prosecution, the extradited person may be brought to criminal liability or convicted to the extent to which such new qualification will correspond to the conditions of extradition.

5. Any differences in the legal terminology shall not hinder fulfillment of the request for extradition, if the act, for which extradition is requested, is a penal act as defined in applicable laws of both Parties.

6. Extradition shall be available for an extraditable offence if committed in a third State by a national of the Requesting Party who is present in the Requested Party and provided that it would be an extraditable offence under the laws of the Requested Party.

Article 5

1. Extradition shall be refused in the following cases

1. if the person, sought for extradition, is a national of the Requested Party;

2. if the act, for which extradition is requested, is not a crime, entailing extradition pursuant to Paragraphs 1 — 3 of Article 4 hereof;

3. if the Requested Party has sufficient grounds to assume that a request for extradition is made with the aim to persecute or punish a person due persons race, sex, religion, nationality, ethnic origin or in connection with his/her political beliefs, or if such person may suffer any damage for any of these reasons;

4. in case the requested person has been sentenced or acquitted in the Requested Party for the same act, which is the ground for the request for extradition;

5. if the offence for which extradition is requested is an offence against military service, which is not an offence under the ordinary criminal law;

6. if an offence, for which extradition is requested, is subject to capital punishment pursuant to applicable laws of the Requesting Party;

7. if the offence for which extradition is requested is considered by the Requested Party as an offence of a political nature. In the application of the provisions of this Agreement the following offences shall not be considered as an offence of a political nature or committed on political nature:

(i) murder and attempted murder or other offence against the life, the physical integrity or liberty of Head of a state, a member of the Government of any Party, as well as their family members;

(ii) any offence relating to terrorism;

8. if the Requested Party considers that the extradition of the person would impair its sovereignty, security, public order or other essential interests;

9. if, pursuant to applicable laws of the Requested Party, no criminal case may be initiated or no sentence may be executed for the offence for which extradition is requested due to expiration of limitation period or for any other reason stipulated in the legislation of the Requested Party.

2. Any request for extradition may be refused:

1. if any offence, for which extradition is requested, pursuant to applicable laws of the Requested Party, was committed fully or partially in its territory;

2. if in respect of the person, sought for extradition, any investigation or judicial proceedings is/are pending in the Requested Party connection with an offence, specified in such request for extradition;

3. Should any request for extradition be rejected under subparagraphs 1 of paragraph 1 or subparagraph 1 of paragraph 2 of this Article, the Requested Party, on request of the Requesting Party, shall deliver all received materials to its competent authorities for considering criminal prosecution of such person pursuant to its applicable laws. For this purpose, the Requesting Party shall gratuitously furnish the Requested Party with duly certified copies of documents, evidencing the fact of any investigation performed, and any other documents relating to the offence, for which extradition is requested. All materials of the case, received in connection with the investigation performed in the Requesting Party, may be used in criminal proceedings in the Requested Party. The Requested Party notifies the Requesting Party of all results of such proceedings.

Article 6

1. In case any person, sought for extradition, is a party to any judicial proceedings or serves sentence for any other offence committed in the territory of the Requested Party, the consent to extradition may be given, however surrender of such person shall be deferred until the time when such judicial proceedings are completed, and if such person is convicted — until he/she serves the term of sentence or is released from imprisonment, in which case the Requesting Party is to be notified of this.

2. In case the deferral of extradition stipulated for in Paragraph 1 of this Article may incur expiration of limitation period or affect the investigation of an offence, the Requested Party may temporarily extradite the person, whose extradition was requested. The temporarily extradited person shall be returned to the Requested Party as soon as the proceedings for which he/she was extradited are complete, but not later than 90 days since his/her transfer. If necessary, this term may be prolonged by the Requested Party.

Article 7

1. Any request for extradition shall be made in writing and sent by the Central Authority of either Party directly to the Central Authority of the other Party and shall include the following documents and information:

a) name of the requesting authority;

b) full name of the person, sought for extradition, details of his/her nationality, place of residence or location, description, as far as possible, of his/her appearance with photos, fingerprints and any other details, enabling to search for and identify such person;

c) statement of the facts of the case, which is a ground for such request for extradition, specifying more exactly the time and place of the criminally punishable act, its qualification;

d) a certified copy of the text of any provisions of any law, which qualify committed acts as offences and contain information of any punishments prescribed for committing them as well as related to the applicable limitation period.

2. Any request for extradition for criminal prosecution, along with the documents and information specified in Paragraph 1 of this Article, shall be accompanied by a copy of a warrant of arrest issued by a competent authority of the Requesting Party.

3. Any request for extradition for execution of a sentence, along with the documents and information specified in Paragraph 1 of this Article, shall be accompanied by a copy of an effective sentence and a certificate of the unserved term of punishment.

4. Any documents for the purposes of this Agreement shall be drawn up in the language of the Requesting Party and shall be accompanied by translation into the language of the Requested Party or into the English language.

5. Any requests for extradition and all documents attached thereto, any documents furnished in response to such request as well as translations thereof, which are sealed by a competent or Central Authority of the sending Party, require no legalization or authentication in any other manner.

6. If request for extradition for executing a sentence rendered in absentia in the Requesting Party, the Requesting Party shall guarantee the person sought for extradition the right for retrial in accordance with its applicable legislation.

Article 8

1. If necessary, the Requesting Party may apply for provisional arrest of any person prior to making a relevant request for extradition of this person. Such application for provisional arrest of the person shall be sent directly to the Central Authority of the Requested Party in writing by fax or by any other communication means, provided that the original application is sent immediately after that.

2. Such application shall contain all relevant information, including any data required for identification of the person concerned, and shall state that a request for extradition will be made. This application shall make a reference to a relevant warrant of arrest or an effective sentence, and shall contain any other information as necessary for search for the person concerned, including details of his nationality, if known. It shall also give information of an offence, for which extradition is requested, where and when such offence was committed and what punishment may be or has been awarded to this person for committing this offence, including information of an unserved term of punishment.

3. The Requested Party shall consider such application in accordance with its applicable laws and shall notify the Requesting Party of its decision without delay.

4. The person shall be released, if the Requesting Party fails, within 40 days from the date of detention of such person, to make a request for extradition accompanied by all documents specified in Article 7 hereof.

5. Release of such person pursuant to Paragraph 4 of this Article shall not hinder any subsequent detention of this person, as well as extradition of this person, if a relevant request for his/her extradition is subsequently made.

Article 9

1. In case the Requested Party believes that any information provided by the request is insufficient, it may request any supplementary information setting a reasonable term for furnishing it pursuant to applicable laws.

2. If the person, sought for extradition, is detained, and such supplementary information furnished is insufficient or is not received within a term as set by the Requested Party, such person shall be released from detention. However, such release of this person shall not hinder any subsequent detention of this person upon receipt of sufficient supplementary information or a request for extradition in connection with any other offence. The Requested Party shall promptly inform the Requesting Party of such release from detention.

Article 10

If extradition of the person is requested concurrently by more than one state, either for the same offence or for any different offences, the Requested Party shall make its decision on these requests, taking into consideration all circumstances, in particular, gravity and place of such offence, dates of requests, international treaties on extradition with the requesting states, nationality and principal place of residence of the person, sought for extradition, as well as possibility of subsequent extradition of such person to any other State.

Article 11

1. The Requested Party shall consider any request for extradition in accordance with a procedure as established by applicable laws, and shall notify the Requesting Party of its decision without delay.

2. Any complete or partial refusal to satisfy any such request is to be reasoned.

3. The Central Authority of the Requesting Party shall promptly provide the Central Authority of the Requested Party with information on the outcome of criminal proceedings or the enforcement of sentence against the person extradited, as well as of subsequent extradition of that person to any other State.

Article 12

1. If the request is granted, the Central Authorities of the Parties agree on the place and date of surrender of the person, subject to extradition, and the Requested Party informs of the term, for which such person was detained by virtue of such request for extradition, with a view to take this term into account while determining the total term of imprisonment for this person.

2. In case of a favourable decision regarding extradition, the Requesting Party shall receive such surrendered person within 30 days from a day of notification of such decision. If no surrender takes place within the set term, such person shall be released from detention.

3. In case of a favourable decision regarding extradition, the Requesting Party shall receive such surrendered person within 30 days from a day of notification of such decision. If no surrender takes place within the set term, such person shall be released from detention.

Article 13

1. To the extent admissible by applicable laws of the Requested Party, and with due consideration of third persons' rights, items, located in the territory of the Requested Party, which have been acquired as a result of an offence or may be required as evidence, shall be surrendered on request of the Requesting Party, if extradition has been agreed to.

2. Such items shall be handed over to the Requesting Party even where surrender of a person, in respect of whom the decision of extradition has been made, cannot be carried out owing to the death or escape of such person.

3. The Requested Party may defer surrender of any items, mentioned in Paragraph 1 of this Article, if they are required for judicial proceedings of any other case till such proceedings are completed.

4. If so required by applicable laws of the Requested Party or protection of third persons' rights, any items, handed over in such manner, shall be gratuitously returned to the Requested Party on its request as soon as possible upon completion of the criminal proceedings in the Requesting Party.

Article 14

Any person, extradited under this Agreement, shall not be detained, prosecuted or punished in the territory of the Requesting Party, and shall not be extradited to any other State, nor personal freedom of the person extradited shall be for any reason restricted for an offence committed prior to extradition of this person, if such offence is other than the offence in connection with which such person has been extradited, unless:

a) the Requested Party on request gives its consent. In this case the Requesting Party shall provide the Requested Party with all information and documents necessary for giving such consent, as specified in Article 7 hereof;

b) such person, having an opportunity to leave the territory of the Requesting Party, has not done so within 30 days upon completion of the criminal proceedings in respect of such person or, serving a sentence, has returned to the territory of the Requesting Party after leaving it.

Article 15

1. Either Party may permit transit transportation of any person, extradited by any third State to the other Party through its territory.

2. The Party, which applies for such transit transportation, shall send a request for transit containing all documents and information specified in Article 7 hereof to the Party, through the territory of which such transit transportation is to be carried out.

3. Such permit is not required, if such transit transportation is carried out by air and no landing in the territory of the other Party is expected.

4. In case of an unforeseen landing of an aircraft, the Party, subject to receive such request for transit, may detain the person, subject to extradition, for 72 hours on request of the accompanying officer till the request for transit, made pursuant to Paragraph 2 of this Article, is received.

5. Such request for transit shall be rejected in cases, specified in Paragraph 1 of Article 5 herein. Such request for transit may be rejected in cases, specified in Paragraph 2 of Article 5 herein.

Article 16

1. The Requested Party upon request of the Central Authority of the Requesting Party shall provide in accordance with its legislation and/or established practices for the confidentiality of the fact of the receipt of the request for extradition, its contents or any action taken pursuant to the request, excluding the cases when the breach of confidentiality of the request is necessary for its execution. If the execution of the request makes it necessary to remove this limitation, the Requested Party shall in writing seek the permission of the Requesting Party, without which the request will not be executed.

2. The Requested Party shall not use the information or evidence obtained under this Agreement without the prior written consent of the Requesting Party for purposes other than those indicated in the request for extradition.

Article 17

1. All expenses connected with extradition before the transfer of the person of a person shall be borne by the Party which were incurred by them.

2. Transportation expenses and any costs on transit connected with surrender of the extradited person, as well as with surrender and return of any items, pursuant to Article 13 hereof, shall be borne by the Requesting Party.

3. If the execution of the request demands extraordinary expenses, the Central Authorities of the Parties shall consult in advance in order to determine the conditions of the execution of the request and also the manner of paying those expenses.

Article 18

The present Agreement application shall not affect the rights or the obligations of the both Parties under other international agreements to which they are parties.

Article 19

1. The Central Authorities shall at the request of either of them consult concerning the interpretation or application of this Agreement.

2. Any disputes, arising out from interpretation and application of this Agreement shall be resolved through diplomatic negotiations.

Article 20

1. This Agreement may be amended by mutual consent of the Parties.

2. Any approved amendments hereto shall take effect in accordance with the procedure specified in Paragraph 1 of Article 21 hereof.

Article 21

1. This Agreement is valid for an indefinite period and becomes binding upon expiry of 30 days from the date of receipt of the last written notice from the Parties through diplomatic channels of completion of all internal procedures as required for its commencement according to applicable laws thereof.

2. This Agreement terminates upon expiry of 180 days from the date of receipt of the other Party's written notice of its intention to terminate it through diplomatic channels.

3. The termination of this Agreement shall not impede completion of execution of any requests for extradition, received prior to a termination date.

Done in duplicate in Saint Petersburg, on the 28th day of June, 2024 in two sets of originals in the Russian, Arabic and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.

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