Agreement Between The Government Of The Republic Of Latvia And The Government Of The Czech Republic On Co-operation In Combating Terrorism, Illicit Trafficking In Narcotic Drugs And Psychotropic Substances And Organised Crime
The Government of the Republic of Latvia and the Government of the Czech Republic (hereinafter referred to as the "Contracting Parties"),
Guided by the endeavour to contribute to the development of their bilateral relations,
Convinced of the substantial importance of co-operation in combating and effectively preventing crime, especially the terrorism, illicit trafficking in narcotic drugs and psychotropic substances and organised crime,
Aiming to increase their joint efforts for combating terrorism,
Desiring to harmonise their actions against internationally organised crime,
Guided by their international obligations and by the national legislation of their respective States and referring, in particular, to the Single Convention On Narcotic Drugs (New York, 30 March 1961), as worded in the Protocol Amending the Single Convention On Narcotic Drugs (Geneva, 25 March 1972), to the Convention On Psychotropic Substances (Vienna, 21 February 1971), to the United Nations Convention Against Illicit Traffic In Narcotic Drugs and Psychotropic Substances (Vienna, 20 December 1988), to the Convention On Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (Strasbourg, 8 November 1990), and to the European Convention On the Suppression of Terrorism (Strasbourg, 27 January 1977),
Have agreed as follows:
(1) The Contracting Parties shall, in compliance with their respective national legislation, co-operate in the prevention, detection and investigation of crimes, in particular:
b) illicit cultivation of plants containing narcotic drugs, illicit production, acquisition, holding, distribution, importing, exporting and transiting of narcotic drugs and psychotropic substances and their precursors, the illicit trafficking in them;
c) international organised crime;
d) illegal acquisition, holding and trafficking in arms, ammunition and explosives, in chemical, biological, radioactive and nuclear materials, in goods and technologies of strategic importance, and in military equipment;
e) trafficking in human beings and pandering;
f) counterfeiting and alteration of money, stamps and securities, means of non-cash payments and official documents, as well as illegal distribution thereof;
g) illegal financial operations, economic crimes, legalisation of proceeds derived from criminal activities;
h) crimes directed against life, health, freedom, human dignity and property;
i) crimes the subject of which are objects of cultural and historical value, valuable minerals and metals and other valuable objects;
j) illegal migration, illegal residence of persons and illegal employment;
k) illegal movement of motor vehicles;
l) computer crimes.
(2) The Contracting Parties shall co-operate especially in cases wherein crimes or preparations of crimes are carried out in the territory of the State of one of the Contracting Parties, and data obtained refer to the other Contracting Party.
Pursuant to the national legislation of their respective States and the provisions of this Agreement, the Contracting Parties shall in combating terrorism:
a) Exchange information and data on the planned or committed acts of terrorism, the persons participating in them, the methods of the commission and the technical equipment used for the commission of such acts;
b) Exchange information and data on terrorist groups and the members of these groups who plan, commit or have committed crimes in the territory of the State of the other Contracting Party to its disadvantage or contradictory to its interests in so far as it is necessary for preventing criminal activities seriously threatening the public safety;
c) Exchange analytical and conceptual materials relating to terrorism.
In the field of combating illicit cultivation of plants containing narcotic drugs, illicit production, acquisition, importing, exporting and transiting of narcotic drugs and psychotropic substances and their precursors, the illicit trafficking in them as well as any assistance in doing so, the Contracting Parties shall, in compliance with national legislation of their respective States:
a) Inform each other on the information and data of persons involved in illicit acquisition of narcotic drugs and psychotropic substances and their precursors; the trafficking in them; the hiding places, routes, means of transport and modes of acting, the places of origin and destination of narcotic drugs and psychotropic substances and their precursors, as well as any other relevant details of such crimes in so far as these are necessary for the prevention and detection of the same;
b) Advise each other of their information and data on the usual methods used in illicit trafficking in narcotic drugs and psychotropic substances and their precursors, as well as any other relevant information and data;
c) Inform each other about persons and legal entities involved in illicit legalisation of resources gained from committing actions related to illegal trafficking of narcotic drugs and psychotropic substances and their precursors;
d) Take co-ordinated measures admissible by their respective national legislation for the prevention of illicit production and transport of narcotic drugs, psychotropic substances and their precursors;
e) Exchange their experience in supervising the legal trade of narcotic drugs, psychotropic substances and their precursors with special regard to a possible abuse of them;
f) Put at each other's disposal samples of narcotic drugs and psychotropic substances and their precursors;
g) Exchange information on the results of their criminalistic and criminological researches of the illicit trafficking in narcotic drugs and psychotropic substances and abuse of them;
h) Exchange analytical and conceptual materials relating to illicit trafficking in narcotic drugs and psychotropic substances.
The Contracting Parties shall co-operate in the detection and prevention of organised crime and other dangerous crimes, in compliance with national legislation of their respective States. For this purpose, they shall:
a) Inform each other of the information and data on persons participating in the commission of dangerous crimes, particularly organised crime, or persons suspected to participate therein; the offenders' connections; the organisation and structure of criminal groups; the typical behaviour of individual offenders and of groups; facts relating to the time, location and method of crimes; the attacked facilities; the specific circumstances; the description of the laws violated; the measures taken for the prevention and avoidance of such crimes;
b) Take, upon request, measures authorised by the national legislation of the State of the requested Contracting Party;
c) Co-operate in searching for persons suspected to have committed crimes or persons evading their criminal liability or service of sentence;
d) Co-operate in searching for missed persons inclusive of acts made for identification of persons or corporal remains of unidentified persons;
e) Co-operate in searching for stolen things and other objects related to criminal activities including motor vehicles;
f) Co-ordinate mutual co-operation in providing personal, technical and organisational assistance in detecting crimes, pursuant to the provisions of this Agreement and to national legislation of the respective States of the Contracting Parties;
g) Exchange information and experience on methods and new forms of commission of crimes extending beyond the borderlines of the States of the Contracting Parties;
h) Exchange information on the results of their criminalistical and criminological researches, mutually inform each other of their investigating techniques and application of their working methods and equipment in order to improve them;
i) Upon request, put at each other's disposal information on objects and their samples used for committing crimes or resulting from crimes;
j) Exchange, in order to promote the combat against organised crime and other kinds of dangerous crimes, specialists for obtaining expertise of higher level and for studying mutually equipment and methods used in combating such crimes;
k) Arrange, wherever necessary and for preparation of co-ordinated measures, working meetings to deal with specific criminal cases under investigation;
l) Exchange analytical and conceptual materials relating to organised crime.
Furthermore, the co-operation between the Contracting Parties shall cover:
a) Exchanging of information on legislative provisions concerning the crimes described in this Agreement;
b) Exchanging of information on incomes originating from criminal activities;
c) Exchanging of experience and legislative provisions concerning aliens and illegal migration.
For the purpose of protection of personal data mutually exchanged within the framework of co-operation of the Contracting Parties, in accordance with the national legislation, the following conditions shall be observed:
a) The receiving Contracting Party may use the data solely for the purpose and under conditions determined by the requested Contracting Party;
b) Upon the request of the originating Contracting Party, the receiving Contracting Party shall give information on the utilisation of the transmitted data and the results thus achieved;
c) Personal data may be forwarded exclusively to authorities competent to combat crime. Data may not be transferred to any other authorities except with the written approval of the originating Contracting Party;
d) The requested Contracting Party shall have the duty to see to it that the transmitted data are correct and shall ascertain whether the transmission is necessary and adequate. In doing so, it is necessary to respect the national legislation of the State of the other Contracting Party which may restrict the transmission of data. In case it is subsequently ascertained that incorrect data had been transmitted or data which should not have been transmitted, the receiving Contracting Party must be notified immediately. The receiving Contracting Party shall rectify the incorrect data or, in case the data should not have been transmitted, destroy them;
e) A person whose personal data are to be or were transmitted shall at his/her request receive information about the transmitted data and their intended use, if permitted under national legislation of the States of both Contracting Parties;
f) When transmitting the data, the originating Contracting Party shall notify the other Contracting Party of the timeframe for the deletion thereof as is in accordance with the national legislation of its State. Regardless of the timeframe, the data relating to the person concerned must be deleted as soon as they cease to be needed. The originating Contracting Party must be informed about the deletion of the transmitted data and about the reasons for the deletion. In the event of termination of this Agreement, all data received on its basis must be destroyed by the time of termination at the latest;
g) Both Contracting Parties shall have the duty to record the transmission, receipt and deletion of personal data;
h) Both Contracting Parties shall have the duty to effectively protect the personal data against unauthorised access and unauthorised altering or publication.
(1) Each Contracting Party shall ensure confidentiality of information and technical equipment transmitted by the other Contracting Party if they are considered confidential under the national legislation of the State of the originating Contracting Party and are designated as confidential.
(2) The received information, data, materials or technical equipment may not be transferred to a third state except with the written approval of the originating Contracting Party.
(1) Each Contracting Party may refuse, wholly or partly, the request made if it considers that fulfilling the same might threaten the sovereignty, security or any other important interest of its State or if such fulfilling may contradict its national legislation or the commitments arising from international agreements.
(2) The Contracting Parties shall promptly inform each other in writing in case of refusal of a request or a partial fulfilment.
(1) The Contracting Parties shall notify each other through diplomatic channels of the names of the authorities competent for the implementation of this Agreement, within thirty (30) days after the Agreement has entered into force. These authorities shall inform each other without delay of the names of their respective units, including their addresses, telephone, fax numbers or other means of communication.
(2) The Contracting Parties shall without delay notify each other through diplomatic channels of any changes in the data referred to in paragraph 1.
(3) Unless otherwise agreed upon in specific cases the exchange of information between the competent authorities of the Contracting Parties shall be in the English language.
(1) The competent authorities of the Contracting Parties shall arrange meetings in order to evaluate the achievements of the co-operation carried out under this Agreement and to further improve such co-operation.
(2) For the purpose of the implementation of co-operation under this Agreement, the competent authorities of the Contracting Parties may conclude executive protocols.
(3) Any possible disputes regarding the application of this Agreement shall be settled by Contracting Parties in the form of negotiation between their competent authorities or through diplomatic channels.
Each Contracting Party shall cover its own costs in connection with the application of this Agreement, unless otherwise agreed upon.
This Agreement shall not affect any commitments arising for the States of the Contracting Parties from international bilateral or multilateral agreements by which either State of the Contracting Parties may be bound.
(1) The Contacting Parties shall notify each other that the internal legal procedures for the entry into force of the Agreement have been completed. The Agreement shall enter into force on the date of receipt of the latter notification.
(2) This Agreement is concluded for an indefinite period of time. It may be terminated by either Contracting Party by means of a written notice. This Agreement shall cease to be valid six months from the date of receipt of such written notice to the other Contracting Party.
Done in Prague on the 14 day of November, 2000 in two originals, each in Latvian, Czech and English languages. In case of any disagreement as regards the interpretation of the text of this Agreement, the English text will prevail.
On behalf On behalf
of the Government of the Government
of the Republic of Latvia of the Czech Republic
Tiesību akta pase
Publicēts:"Latvijas Vēstnesis", 31, 23.02.2001.