Статья 15«Соглашение о сотрудничестве между Министерством внутренних дел Российской Федерации и Министерством внутренних дел Исламской Республики Иран» [рус., англ.]

Заключительные положения

1. Настоящее Соглашение вступает в силу со дня получения Сторонами по дипломатическим каналам уведомления о выполнении своих внутригосударственных процедур, необходимых для вступления его в силу, и будет действовать до истечения шести месяцев со дня получения одной из Сторон письменного уведомления другой Стороны о ее намерении прекратить его действие.

2. С письменного согласия Сторон в настоящее Соглашение могут вноситься изменения и дополнения. Такие изменения и дополнения вступают силу в соответствии с положениями пункта 1 настоящей статьи.

3. Со дня вступления в силу настоящего Соглашения прекращает свое действие Меморандум о сотрудничестве между Министерством внутренних дел Российской Федерации и Министерством внутренних дел Исламской Республики Иран от 18 декабря 1997 года, что соответствует 1376.9.26 солнечной хиджры.

Совершено в городе Тегеране в объеме 15 статей 22 января 2013 года, что соответствует 1391.11.3 солнечной хиджры, в двух экземплярах, каждый на русском, персидском и английском языках, причем все тексты имеют одинаковую силу. В случае разночтений при толковании настоящего Соглашения используется текст на английском языке.

ON COOPERATION BETWEEN THE MINISTRY OF THE INTERIOR OF THE RUSSIAN FEDERATION AND THE MINISTRY OF THE INTERIOR OF THE ISLAMIC REPUBLIC OF IRAN

(Tehran, 22.I.2013)

The Ministry of the Interior of the Russian Federation and the Ministry of the Interior of the Islamic Republic of Iran, hereinafter referred to as «the Parties»,

Attaching great importance to the development of international cooperation in the sphere of crime control, law and order protection, guaranteeing human rights and liberties,

Stemming from the mutual willingness to strengthen cooperation between the two Parties,

Based upon the generally recognized principles and norms of international law,

Agreed as follows:

The Parties shall cooperate in accordance with the provisions of this Agreement acting under their jurisdiction in line with their national legislation and international obligations of their states.

1. The Parties shall cooperate in prevention, identification, suppression and detection of crimes including those committed by an organized group or criminal association (criminal organization), first of all:

• Violent crimes against human life, health, freedom and dignity;
• Extremist activity including terrorist acts and terrorism financing;
• Crimes against property including theft and damage;
• Corruption;
• Economic crimes including legalization of proceeds from crimes;
• Trafficking in human beings especially women and children, as well as in human organs and tissues;
• Illicit trafficking of weapons, ammunition, explosive devices and substances, radioactive and poisonous substances, and nuclear materials;
• Illicit trafficking in narcotic drugs and psychotropic substances and their precursors;
• Production and sale of forged banknotes, documents, securities as well as credit cards or debit cards and other means of payment;
• Crimes related to violation of intellectual property rights;
• Crimes related to theft and snuggling of cultural and historical values and cooperation on the restitution of such items.
• Crimes on transport;
• Information technology crime;
• Crimes related to illegal migration

2. The Parties shall also cooperate in the following areas:

• Protection of public order and public security;
• Traffic safety control;
• Identification of minors and sick persons who cannot identify themselves as well as of unidentified corpses;
• Making clear the states of disappeared persons and establishing the identity of dead bodies and victims of crimes;
• Logistical support of the activities of the Parties;
• Scientific research activity, development of data systems, special technical means and equipment;
• Training, retraining and advanced training of the personnel;
• Exchange the experiences in the fields of sports safety control.

1. For the purpose of realization of the provisions of Article 2 of this Agreement the Parties shall cooperate in the following forms:

• Exchange of information of interest related to the crimes under preparation or already committed and on the persons involved in these crimes;
• Execution of requests to conduct operational and search activities;
• Search of persons evading criminal prosecution or execution of the sentence and also of those who are reported missing;
• Exchange of information about new types of narcotic drugs and psychotropic substances which emerged in illicit trafficking, about technologies of their production and the substances used as well as about the new methods of examination and identification of narcotic drugs and psychotropic substances;
• Search and return, in line with the established procedure, of items with special identification signs or serial numbers, including vehicles, fire arms as well as securities and passports (identity documents);
• Exchange of working experience including organization of consultations, workshop and conferences;
• Exchange of legislative and other regulatory legal acts;
• Exchange of scientific and technical literature and data related to the activities of the Parties on a mutually beneficial basis;
• Exchange of information about measures taken in order to protect public order in emergency situations (quarantines, mass disorders, natural disasters).

2. This Agreement shall not cover the issues of extradition and mutual legal assistance in criminal matters.

This Agreement does not prevent the Parties to determine and develop other mutually acceptable areas and forms of cooperation taking into consideration the conditions set in article 1 of this Agreement.

1. Cooperation within the framework of this Agreement is carried out on the basis of request for assistance from an interested Party or following the initiative of either Party if that Party presumes that such help is of interest for the other Party.

2. Request for assistance shall be submitted in writing. In case of emergency, requests could be communicated verbally, though within 10 days they have to be confirmed in writing including the use of technical means of text transmission. Should the doubts related to the request's authenticity or its contents arise, its additional confirmation could be asked for.

3. Request for assistance should contain:

• The name of the requesting and the requested entity if the latter is known;
• Facts and details of the case;
• Purpose and grounds of the request;
• Description of the requested assistance;
• Any other information which could be helpful for the appropriate execution of the request;

4. Request for assistance, forwarded or confirmed in writing shall be signed by the head of requesting entity, or his deputy and certified by the seal of the requesting Party.

1. Assistance within the present Agreement shall be refused completely or partially if the requested Party considers that the execution of the request may affect the sovereignty, security, public order or other essential interests of its state or contradicts the national legislation or international obligations of its state.

2. The assistance may be refused if the act in relation with which the request was forwarded is not a crime under the law of the state of the requested Party.

3. Where possible, the requested Party, before deciding to refuse the assistance in accordance with paragraphs 1 and 2 of the present article holds consultations with the requesting Party to consider whether the assistance can be granted under the conditions, which the requested Party finds necessary. The requesting Party shall respect the conditions under which the assistance is granted to it.

4. The requesting Party shall be notified in writing about full or partial refusal to execute the request with the explanation of the reasons thereof.

1. The requested Party shall take all necessary measures to ensure a prompt and the fullest possible execution of the request.

The requesting Party shall be immediately notified about the circumstances hampering execution of the request or considerably delaying its execution.

2. If the requested Party is not competent for the execution of the request, it shall immediately notify the requesting Party about it, and following its application shall convey the request to the competent body.

3. The requested Party has the right to ask for further data, which it considers necessary to execute the request duly.

4. In the course of the execution of the request the legislation of the state of the requested Party is applied, however on request of the requesting Party the legislation of its state can be applied if it does not contradict to the main legislative principles or international obligations of the state of the requested Party.

5. Should the requested Party consider that the immediate execution of the request may hamper criminal prosecution or other proceedings being carried out in its country, it may suspend the execution of the request or link the execution to the compliance of conditions that it deems necessary after consultations with the requesting Parry. If the requesting Party agrees to receive assistance under the suggested conditions, it should observe these conditions.

6. The requested Party following the application of the requesting Party shall take all necessary measures to ensure confidentiality of the fact that the request was made, of its contents and annexed documents, as well as the fact of assistance provision.

If it is not possible to execute the request without preserving its confidentiality the requested Party shall inform the requesting Party, and the latter decides whether the request should be executed under such conditions.

7. The requested Party with the shortest possible delay notifies the requesting Party of the results of the request execution.

1. Each Party ensures confidentiality of information and documents received from the other Party, if they are restricted or if the providing Party deems their disclosure undesirable. The providing Party determines confidentiality of such information and documents.

2. The results of the request execution received in accordance with this Agreement shall not be used without the consent of the providing Party for purposes other than those for which they were requested and provided.

3. To share information received by one Party in accordance with this Agreement with a third Party, a preliminary consent of the providing Party in written shall be obligatory.

4. The provisions of the present article do not exclude the use or disclosure of the information and documents received due to the request execution, if the legislation of the state of the requesting Party stipulates the obligation to follow this procedure. The requesting Party informs in advance the requested Party about the possible and expected use or disclosure of such information and documents.

Each Party shall bear its expenses, arising in the course of implementation of this Agreement, unless otherwise agreed on a case-by-case basis.

Cooperation requests shall be drawn up in the language of the Requesting Party and translation thereof into English shall be accompanied.

1. Coordination of joint actions of the Parties within the present Agreement is exercised for the Russian Party by the Legal and Contract Department of the Ministry of the Interior of the Russian Federation and for the Iranian Party by the Department of Security of Interior Ministry of Islamic Republic of Iran.

2. If it is necessary the Parties shall identify their specialized operational units, which will be able to establish direct contacts to implement the present Agreement, as well as the channels of communication between them.

The representatives of the Parties shall if it is necessary have working meetings and consultations to discuss how to strengthen and improve the efficiency of cooperation in accordance with the present Agreement.

All disputes, which emerge in connection with the interpretation or application of the present Agreement, shall be settled by means of consultations and negotiations.

Relationship With Other International Treaties

The provisions of the present Agreement shall not affect rights and obligations arising out of other international treaties signed by the states of the Parties.

Article 15

Closing Provisions

1. This Agreement shall enter into force on the date of the last written notification, through diplomatic channels, confirming that the Parties have fulfilled all the internal procedures for the entry into force of the Agreement and shall remain valid for undefined period, unless either Party informs to other Party of its intention to terminate it in written. Termination shall take effect six months after the date of such notification.

2. With the written consent of the Parties the present Agreement may be amended. In witness thereof such amendments shall enter into force subject to paragraph (1) above.

3. Upon the entry into force of this Agreement, the validity of Memorandum of Understanding on cooperation between the Ministry of the Interior of the Russian Federation and the Ministry of the Interioir of the Islamic Republic of Iran (17th December 1997 or 1376.9.26 solar hijra) shall expire.

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