Статья 19«Соглашение между Российской Федерацией и Республикой Союз Мьянма о взаимной защите граждан от злоупотреблений в сфере международной юстиции» [рус., англ.]

1. Каждая из Сторон уведомляет другую Сторону в письменном виде по дипломатическим каналам о выполнении внутригосударственных процедур, необходимых для вступления настоящего Соглашения в силу.

2. Настоящее Соглашение вступает в силу по истечении 30 дней с даты получения последнего письменного уведомления и действует в течение 6 лет.

3. Настоящее Соглашение автоматически продлевается на последующие 6-летние периоды, если ни одна из Сторон не уведомит в письменной форме по дипломатическим каналам другую Сторону за 60 дней до истечения очередного 6-летнего периода о своем намерении прекратить его действие.

4. По письменному согласию Сторон в настоящее Соглашение могут быть внесены изменения, оформленные отдельным протоколом. Такой отдельный протокол является неотъемлемой частью настоящего Соглашения.

5. Прекращение действия настоящего Соглашения не влияет на обязательства, возникшие между Сторонами в период его действия, если Стороны не договорились об ином.

Совершено в г. Санкт-Петербурге «20» мая 2025 года в двух экземплярах, каждый на русском, бирманском и английском языках, при этом все тексты имеют одинаковую силу. В случае расхождений в толковании преимущественную силу имеет текст на английском языке.

The Russian Federation and the Republic of the Union of Myanmar, (hereinafter referred to collectively as «the Parties»),

reconfirming their friendly mutual relations and their commitment to constructive cooperation in the field of criminal justice,

being deeply concerned by the growing politicization of international criminal justice and related violations of human rights and sovereign immunities,

willing to protect their nationals and guarantee their rights and freedoms,

noting that the purpose of immunities of State officials is not to benefit individuals but to ensure the efficient performance of their official functions as persons representing States,

acting in accordance with their national laws and in the spirit of respect for principles and rules of international law, including the principles of sovereign equality and non-interference in internal affairs of States,

Article 1

For the purposes of this Agreement, the following terms shall be used:

a) «a protected person» shall mean a national of a Party, as well as a current or former official of a Party enjoying immunity from foreign criminal jurisdiction;

b) «a third party» shall mean any State not party to this Agreement, an international organization or association of States, an international court or tribunal, including the International Criminal Court, or any other foreign or international body or entity performing functions in the field of criminal proceedings, except the Parties and their State bodies;

c) «a request» shall mean a request for mutual legal assistance, extradition, transfer of a person sentenced to imprisonment, or for assistance in performance of extraterritorial acts related to arrest or detention, or another request aimed at gathering information, materials or evidence, performance of procedural acts, restriction of liberty or personal or property rights for the purposes of transfer of a person to a third party, of criminal proceedings or of execution of a sentence.

Article 2

1. Under this Agreement, the Parties undertake to refrain from interfering into each other's sovereign affairs through the means of international or domestic criminal jurisdiction or by assisting a third party in using the means of international or domestic criminal jurisdiction.

2. Each Party shall recognize and guarantee immunity from its jurisdiction of current and former officials of the other Party in accordance with Articles 6 — 8 of this Agreement. This Agreement shall not affect State immunities enjoyed by each Party with regard to itself or its property.

Article 3

1. Each Party shall refuse to execute a request of a third party with regard to a national of the other Party if, in the opinion of one or both Parties:

a) there are serious grounds to expect that, as a result of executing the request, the person concerned may be subjected to torture or other forms of cruel, inhuman or degrading treatment or punishment, or

b) the request is related to prosecution for a political crime, or is made for the purpose of prosecuting or punishing the person on account of his or her race, religion, nationality or political opinion, or that the position of that person may be prejudiced for any of these reasons.

2. Each Party shall refuse to execute a request of a third party with regard to a current or former official of the other Party enjoying immunity.

3. For the purposes of this Agreement, a request shall be deemed to be made with regard to a protected person of the other Party if:

a) the protected person directly features in the request, or

b) another person features in the request, but the results of exercising the request will or may be used in order to prosecute a protected person of the other Party, in particular if the protected person:

(i) is mentioned together with other persons as a suspect, an accused person, a witness or in another procedural capacity that may involve his or her duty to appear before a court;

(ii) is not technically mentioned as a suspect, an accused person, a witness or in another procedural capacity, but is mentioned as a person effecting general leadership, control, issuance of orders or commands with regard to acts underlying the request;

(iii) is not technically mentioned as a suspect, an accused person, a witness or in another procedural capacity, but is mentioned as a person having committed other acts, thus giving grounds to expect that the requesting third party intends to attribute a crime to the protected person.

4. If competing requests with regard to the same protected person are directed to a Party by the other Party and by a third party, the request of the other Party shall be executed as a matter of priority.

Article 4

Regardless of a third party's request, a protected person of a Party shall not be transferred by the other Party to a third party by means of refoulement, deportation or expulsion on grounds not connected to extradition, without an express prior consent of the first Party. If the first Party does not provide such consent, the Parties shall immediately take measures to ensure transfer of that person to the territory of the first Party.

Article 5

1. Each Party shall take measures necessary, subject to its national law, to ensure that protected persons of the other Party are not subjected, in the territory of the first Party, to attempts at unlawful restriction of liberty by a third party or a person assisting a third party.

2. Each Party, if informed of a risk of actions mentioned in paragraph 1 of this Article being undertaken in its territory with regards to a protected person of the other Party, or with regard to its own protected person in the territory of the other Party, shall immediately inform the other Party.

Article 6

1. Persons holding the corresponding offices shall enjoy personal (absolute) immunity:

in the Russian Federation: the President of the Russian Federation, the Chairman of the Government of the Russian Federation, the Minister of Foreign Affairs of the Russian Federation and the Minister of Defence of the Russian Federation;

in the Republic of the Union of Myanmar: the President of the Union of Myanmar, the Prime Minister of the Republic of the Union of Myanmar, the Chairman of the State Administration Council, the Commander-in-Chief of Defence Services of the Republic of the Union of Myanmar, and the Minister of Foreign Affairs of the Republic of the Union of Myanmar.

2. A person shall enjoy personal (absolute) immunity for the whole period while he or she is holding an office mentioned in paragraph 1 of this Article, with regard to acts committed either in the official or in a private capacity, regardless of when the act was committed.

3. By virtue of personal (absolute) immunity, officials of a Party mentioned in paragraph 1 of this Article shall, including in connection with a third party's request:

a) enjoy personal inviolability while in the territory of the other Party;

b) not be subject to jurisdiction of the courts of the other Party;

c) not be subjected, by competent authorities of the other Party, to detention, measures of enforcement of a judicial decision or other coercive measures with regard to his or her personality or property;

d) not be under an obligation to appear before a court or another competent authority of the other Party as a witness or in another procedural capacity.

4. In case of a change in the designation of offices mentioned in paragraph 1 of this Article and/or a redistribution of competences between those and/or other comparable State offices, the Party concerned shall inform the other Party, through diplomatic channels, of such new designation(s) and/or new competences, indicating, as appropriate, the offices to which this Article shall apply following the changes. Such notification shall not take effect unless expressly confirmed by the other Party through diplomatic channels.

5. The Parties may by mutual consent expressed through diplomatic channels, accord personal immunity to officials other than those mentioned in paragraph 1 of this Article.

Article 7

1. Current or former officials, in particular those holding or having previously held the offices enumerated below, shall enjoy functional immunity:

in the Russian Federation: the President of the Russian Federation, the Chairman of the Government of the Russian Federation, the Minister of Foreign Affairs of the Russian Federation, other State offices of the Russian Federation, State offices of the subjects of the Russian Federation, municipal offices, positions of federal public service, public service of a subject of the Russian Federation, or municipal service;

in the Republic of the Union of Myanmar: the President of the Republic of the Union of Myanmar, the Prime Minister of the Republic of the Union of Myanmar, the Chairman of the State Administration Council, the Commander in Chief of Defence Services of the Republic of the Union of Myanmar, the Minister of Foreign Affairs of the Republic of the Union of Myanmar, offices of the Armed Forces of the Republic of the Union of Myanmar, offices of the Armed Forces of states or regions of the Republic of the Union of Myanmar, offices in the civil services of the Republic of the Union of Myanmar, offices in the civil services of states or regions of the Republic of the Union of Myanmar.

2. A person shall enjoy functional immunity for the whole period while he or she is holding an office mentioned in paragraph 1 of this Article and after having ceased to hold that office, with regard to acts committed in the official capacity while holding that office.

3. By virtue of functional immunity, officials of a Party mentioned in paragraph 1 of this Article shall, including in connection with a third party's request:

a) not be subject to jurisdiction of the courts of the other Party with regard to acts committed in the official capacity;

b) not be subjected, by competent authorities of the other Party, to detention, measures of enforcement of a judicial decision or other coercive measures with regard to his or her personality or property in connection with acts committed in the official capacity;

c) not be under an obligation to appear before a court or other competent authority of the other Party as a witness or in another procedural capacity in connection with acts committed in the official capacity, or in connection with acts of another person that might become known to the official when performing his or her official functions.

4. Enumeration of categories of offices in paragraph 1 of this Article shall not impede recognition of functional immunity of a person holding or having held any other office or position involving performance of functions of public authority, and application of this Agreement to that person. The Central Authorities of the Parties shall, on request or on their own initiative, provide each other with additional information on the offices, positions and persons to whom this Article shall apply.

Article 8

1. This Agreement shall also apply to persons enjoying State, diplomatic or consular immunity or immunity of members of official delegations (special missions) under other treaties in force between the Parties or principles and rules of international law.

2. The provisions of this Agreement regarding immunities shall not be interpreted as negating or limiting the application of the principles and rules of international law that provide for the same or wider guarantees of immunities, including where such principles and rules accord immunities to persons not mentioned in this Agreement.

Article 9

1. A Party may waive immunity of its official mentioned in Article 6 — 8 of this Agreement, fully or in part. The waiver of immunity must always be express and in writing.

2. A waiver of immunity shall be provided separately with regard to each of the following elements of immunity:

a) immunity from jurisdiction of courts;

b) immunity from detention, measures of enforcement of a judicial decision or other coercive measures by the competent authorities of the other Party with regard to personality or property of a person for the purposes of prosecution on the initiative of the competent authorities of the other Party;

c) immunity from detention, measures of enforcement of a judicial decision or other coercive measures by the competent authorities of the other Party with regard to personality or property of a person for the purposes of executing a request of a third party.

Article 10

In connection to activities of an international court or tribunal the jurisdiction of which is not based on a treaty in force between the Parties, nor on a legally binding resolution of the United Nations Security Council adopted under Chapter VII of the Charter of the United Nations, the Parties recognize the following:

a) the participation of a Party in the constituent instrument of international court or tribunal or any other instrument providing for cooperation with international court or tribunal shall not give rise to international legal obligations for the other Party and shall not affect the scope of protection and immunities enjoyed by protected persons of the other Party under this Agreement or principles and rules of international law;

b) should a Party receive, from an international court or tribunal in the constituent instrument of which that Party participates, or with which the Party cooperates under any other instrument, a request the execution of which would be incompatible with provisions of this Agreement, that Party shall follow the provisions of this Agreement;

c) in particular, a protected person of a Party present in the territory of the other Party shall not, without respecting the rules and procedures established by this Agreement:

(i) be extradited or otherwise transferred to such international court or tribunal;

(ii) be extradited or otherwise transferred to another third party with a view to being transferred to such international court or tribunal.

Article 11

Regardless of applicability of Article 3 — 8 and 10 of this Agreement to a protected person, each Party shall consider as political, discriminatory and contrary to international law any request of a third party, and shall refuse to execute that request, if the request is being madefor one of the following purposes:

a) change of the foundations of constitutional order or violation of territorial integrity of the other Party (including separation of a part of the territory of the other Party);

b) assisting terrorist activities or public apology of terrorism against the other Party;

c) instigation of social, racial, national or religious hatred with regard to the other Party;

d) impeding the exercise by nationals of the other Party of their electoral rights or their right to participate in a referendum, or violating of the secrecy of the vote;

e) impeding lawful activities of State bodies, bodies of local self-government, electoral commissions, social or religious associations or other organizations of the other Party;

f) providing military assistance to a State or other entity which is in an armed conflict against the other Party;

g) prosecution of a person in connection with alleged non-compliance with unilateral restrictive measures introduced by the requesting third party or another State, international organization or association of states without a United Nations Security Council resolution;

h) prosecution of a person in connection with his or her alleged participation in an armed conflict in which the requesting third party has violated the principle of neutrality with regard to the other Party.

Article 12

1. The Parties shall exchange information necessary for the execution of this Agreement.

2. The Parties shall implement the provisions of this Agreement taking into account other international obligations undertaken, in a manner that achieves the objectives of this Agreement and does not limit its scope.

3. Further issues related to the procedure of interaction within the implementation of this Agreement may be regulated by additional agreements.

Article 13

In order to avoid impunity, should measures of protection be taken with regard to a protected person of a Party under this Agreement due to that person being accused of a crime, that Party shall, in good faith, consider information provided to substantiate such accusation, and, as appropriate, ensure its own investigation of the circumstances having led to such accusation, in accordance with its laws.

Article 14

1. For the purposes of this Agreement, the Parties shall appoint their Central Authorities:

in the Russian Federation, the Central Authority shall be the Office of the Prosecutor General of the Russian Federation;

in the Republic of the Union of Myanmar, the Central Authority shall be the Ministry of Legal Affairs of the Republic of the Union of Myanmar.

2. The Parties shall inform each other through diplomatic channels of changes of their Central Authorities.

3. The Central Authorities shall interact directly, except for a notification of a waiver of immunity. Waiver of immunity shall be notified through diplomatic channels.

4. The Central Authorities may convey to each other documents to be transferred under this Agreement by any means confirming the written transfer of information and corresponding to the requirements of information protection, on the condition that the originals are conveyed as soon as possible.

5. Documents certified by a seal of a Central Authority or, where applicable, conveyed through diplomatic channels, shall, for the purposes of this Agreement, be recognized without any legalization.

Article 15

1. Information transferred under this Agreement shall be confidential and shall be protected in accordance with the laws of each of the Parties.

2. Information on cooperation between the Parties and on the contents of documents transferred under this Agreement may only be disclosed to a third party or to any other persons by mutual consent of the Parties.

Article 16

1. Documents to be transferred under this Agreement shall be conveyed in, or accompanied by a translation into, either the language of the Party being notified, or the English language.

2. With regard to documents submitted in other languages, the notifying Party may propose that the other Party either bears the costs related to the translation or accepts documents without translation.

Costs

Except for the situation provided for in Article 16, paragraph 2 of this Agreement, each Party shall bear its own costs related to the implementation of this Agreement.

Article 18

Issues arising out of interpretation or application of this Agreement shall be resolved through consultations between the Parties.

Article 19

1. Each Party shall notify the other Party in writing, through diplomatic channels, of the fulfillment of domestic procedures required for this Agreement to enter into force.

2. This Agreement shall enter into force 30 days after the date of the receipt of the last written notification and shall remain in force for a period of 6 years.

3. It shall be automatically extended for further six-year periods unless one of the Parties informs the other Party, at least 60 days prior to the expiry of the respective period, of its intention to terminate it.

4. This Agreement may be amended by mutual consent in writing between the Parties in the form of separate protocol. The separate protocol will be an integral part of this Agreement.

5. The termination of the application of this Agreement shall not effect any obligation, arisen for the Parties during the period of its application, unless otherwise decided by the Parties.

Signed in Saint-Petersburg on the «20» day of May of the year 2025 in two original copies, each in the Russian, Myanmar and English languages, all texts being equally authentic. In case of discrepancies in the interpretation of this Agreement, the English text shall prevail.

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