Agreement
between the Government of the Republic of Uzbekistan and the Government of Malta
On cooperation in the fight against organized crime, contraband and illicit trafficking in narcotic drugs, psychotropic substances and precursors
The Government of the Republic of Uzbekistan and the Government of Malta, hereinafter referred to as “the Parties”,
Expressing concern with the scales and tendencies of development of the organized crime, contraband and illicit trafficking in narcotic drugs, psychotropic substances and precursors,
Being convinced that cooperation in the fight against organized crime, contraband and illicit trafficking in narcotic drugs, psychotropic substances and precursors is of principal magnitude,
Being afflicted with the increase of cases of contraband, misuse of narcotic drugs and psychotropic substances, and international trade with them in universal scale,
With the purpose to unify their efforts in the fight against criminal organizations engaged in contraband, illicit trafficking and dissemination of narcotic drugs, psychotropic substances and precursors,
Proceeding from the aspiration to provide' reliable protection from criminal offences against life, rights and legal interests of citizens of the respective States of the Parties and other persons, living in the territory of the respective States of the Parties,
Taking into account the norms of the Single Convention on Narcotic Drugs (1961), as amended by the Protocol (1972), the Convention on Psychotropic Substances (1971), the Convention on the Illicit Trafficking in Narcotic Drugs and Psychotropic Substances (1988), and other corresponding resolutions and documents of the United Nations,
Being governed by their international obligations and national legislation,
Have agreed on the following:
ARTICLE 1
Spheres and Subjects of Cooperation
Spheres and Subjects of Cooperation
1. The Parties, in accordance with the norms of this Agreement, shall cooperate through their central competent authorities in the fight against organized crime, contraband and illicit trafficking in narcotic drugs, psychotropic substances and precursors.
2. The Parties shall by the time of signing of this Agreement exchange with lists of corresponding central competent authorities.
3. Each of the Parties shall inform the other one, through diplomatic channels, about changes in the lists of their central competent authorities.
4. For the realization of this Agreement the central competent authorities may establish direct contacts with each other.
5. This Agreement shall not affect issues of providing legal assistance in criminal matters and extradition.
ARTICLE 2
Fields of Cooperation
Fields of Cooperation
1. The Parties shall collaborate in the fight against:
(a) organized crime;
(b) illicit trafficking in narcotic drugs, psychotropic substances and precursors;
(c) trafficking in human beings;
(d) money laundering stemming from criminal activities;
(e) forgery of currency, securities and offltial documents;
(f) criminal offences against movable cultural and historical assets;
(g) exploitation of prostitution and other crimes against persons;
2. The Parties shall also cooperate in the following spheres:
(a) providing of security in air, sea and railway transport;
(b) personnel training and material and technical support of an activity of central competent authorities.
ARTICLE 3
Forms of Cooperation
Forms of Cooperation
1. The Parties shall carry out their cooperation in the following forms:
(a) exchange of information which may help to detect, prevent and prosecute crimes as well as which will help to solve other matters in accordance with Article 2 of this Agreement;
(b) assisting in prevention and detection of crimes mentioned in Article 2 of this Agreement by inspecting the activity of persons, organizations, institutions and companies and by inquiring persons, items and documents according to the related accounts;
(c) exchange of experience by arranging apprenticeships, consultations and seminars;
(d) technical assistance.
2. The volume and specific forms of cooperation may be defined by mutual agreement of the competent authorities of the Parties.
ARTICLE 4
Exchange of information concerning definite crimes
Exchange of information concerning definite crimes
1. Exchange of information mentioned in paragraph 1(a) of Article 3 of this Agreement shall be referred to definite crimes as described below:
(a) crimes which are being prepared or committed by groups, which include nationals of the other Party, in the territory of the state of either Party which affect_the interests of this Party;
(b) contraband and illicit trafficking in narcotic drugs and psychotropic substances if they are procured from the territory of the state of the one Party to the territory of the state of the other Party as well as in transit through third countries and when nationals of the state of the one Party are involved in contraband and illicit manufacture or trafficking in narcotic drugs and psychotropic substances in the territory of the state of the other Party;
(c) money laundering stemming from criminal activities provided that the territory of institutions of the state of the one Party are used for these purposes by nationals of the state of the other Party.
ARTICLE 5
Exchange of information concerning criminal activity
Exchange of information concerning criminal activity
The Parties shall exchange information on the following:
(a) methods of committing crime by organized groups, their composition, structure, scope of activity and criminal contacts;
(b) methods of concealing narcotic drugs and psychotropic substances and ways of their detection, illegal transportation routes and channels, new types of narcotic drugs and psychotropic substances going into illicit trafficking, their properties and technology of manufacture;
(c) methods of money laundering stemming from criminal activities, organizations, institutions and companies suspected of participating in such activity;
(d) nationals of the state of either Party residing temporarily or permanently in the territory of the states of the other Party suspected of committing crimes specified in Article 2 of this Agreement;
(e) violation of the laws of the state of the one Party by nationals of the state of the other Party in the fields of cooperation defined in Article 2 of this Agreement.
ARTICLE 6
Confidentiality of Information
Confidentiality of Information
The Parties shall provide each other with the information, in accordance with their national legislation as well as, subject to the following conditions being met:
1. The Parties have agreed that their central competent authorities shall ensure the confidentiality of information acquired by each other if mentioned information is classified as confidential or the Party, provided information, finds undesirable to make it public. This provision applies also to information on technical devices, equipment and materials.
2. If it should be necessary to provide confidential information, including information on technical devices, equipment and materials acquired within the framework of this Agreement to third party, advance approval in writing by the central competent authorities providing the information, shall be required.
3. Personal data acquired by the Parties may be used only for the purposes determined in this Agreement.
4. In all cases, the Parties guarantee the protection of data from unauthorized access of third parties, unauthorized changes, destruction or distribution.
ARTICLE 7
Conditions of cooperation
Conditions of cooperation
1. The provision of the information and other measures prescribed in Article 3 of this Agreement shall be carried out by central competent authorities of the Parties in accordance with a request.
2. The request prescribed in paragraph 1 of this Article is to be sent in writing and contain the following:
a) the name of the central competent authority which is sending the request, and the name of the body to which is addressed the request;
b) possibly more complete information on the substance of a case regarding to which the request is sent, on persons relating to this case or having regard to it, as well as on facts, subject-matters and documents about which the information is required;
c) reasons of application and detailed description of a concrete procedure subject to compliance;
d) if necessary, prescription of the time limit during which an accomplishment of the request is anticipated.
3. The information prescribed in paragraph 1 (a) of Article 3 of this Agreement may be sent to each other by the central competent authorities of the Parties on their own initiative without request if there is reason to believe that it is interesting for the other Party to receive such.
4. An accomplishment of requests is to be carried out within a relatively short time. If deemed necessary, the central competent authorities of the Parties have a right to request additional information so as to ease the accomplishment of the request.
ARTICLE 8
Refusal of the request for assistance
Refusal of the request for assistance
1. The request for assistance can be wholly or partially rejected if the answer may imply the violation of human rights, jeopardize the sovereignty or security of the State or be contradictory to the national legislation of the requested Party.
2. In case it should be decided to reject the request for assistance, the central competent authority of the Parties will inform each other in writing of the reason for such a rejection.
ARTICLE 9
Other forms of cooperation and personnel training
Other forms of cooperation and personnel training
1. The Parties shall support each other in planning and realizing the cooperation programs in the interest of the fight against organized crime, and contraband and illicit trafficking in narcotic drugs, psychotropic substances and precursors, exchange of special knowledge and for the purpose of this Agreement, participate in international conferences and seminars to discuss issues of mutual concern.
2. The Parties have agreed to cooperate on a mutual basis in personnel training for law enforcement bodies.
ARTICLE 10
Cooperation in the crime prevention
Cooperation in the crime prevention
l. The Parties shall cooperate in the crime prevention including rehabilitation and social adaptation programs for offenders especially for minors and in order to decrease the abuse of narcotic drugs and psychotropic substances. For these purposes the Parties shall exchange experience of penitentiary institutions and cooperate in improving conditions for prisoners, participate in the activity of rehabilitation centers for persons who committed the crime and completed their sentence.
2. The Parties shall encourage any activity of their state and public agencies not contradicting to the national laws of the respective states of the Parties in the crime prevention and eliminating the reasons that promote the increase in crime.
ARTICLE 11
Expenditures and commitments
Expenditures and commitments
l. The expenditures emanating from the implementation of this Agreement shall be borne independently within the limits necessary for fulfillment of their commitments.
2. If necessary, the Parties shall bear joint expenditures arising from this Agreement that shall be made through specific mutual arrangements in each definite case. Commitments of the Parties on joint expenditures shall be governed by these arrangements.
3. The Parties, when necessary in the content of struggle against crimes as specified in Article 2 of this Agreement, may provide equipment and materials required for resolving concrete issues to each other free of charge.
ARTICLE 12
Language of cooperation
Language of cooperation
The cooperation under this Agreement shall be earned out in the English language.
ARTICLE 13
The Joint Committee
The Joint Committee
1. If necessary, the Parties may set up, after entering into force of this Agreement, a Joint Committee consisting of competent authorities of the Parties to coordinate the cooperation under this Agreement.
2. The Joint Committee shall meet alternately in the respective states of the Parties as frequently as necessary for considering mutually beneficial issues and adopting appropriate decisions.
ARTICLE 14
Solution of conflicts
Solution of conflicts
Any disputes arising from the interpretation or the implementation of this Agreement shall be settled by the Parties through consultations and negotiations.
ARTCILE 15
Other international treaties. Amendments and addenda
Other international treaties. Amendments and addenda
1. This Agreement shall not affect the commitments of the Parties arising from other international treaties to which they are participants while entering into force of this Agreement.
2. This Agreement may be amended and supplemented by mutual consent of the Parties through separate protocols being an integral part of this Agreement.
ARTICLE 16
Entry into force, duration and termination of the agreement
Entry into force, duration and termination of the agreement
1. This Agreement shall enter into force in thirty days following the date of receipt of the last written notification whereby the Parties inform each other that they have met the requirements of their domestic law necessary for the entry into force of the Agreement.
2. It is hereby stipulated that this Agreement shall remain in force for an indefinite time and shall continue to be valid as long as it is not denounced by either of the Parties through diplomatic channels. In the latter case, it shall cease to be valid six months after receipt by either of the Parties of the note on denunciation.
Done at London, thе 2nd day of July of the year 2009 in two original copies in Uzbek and English languages, all texts being equally authentic. In case of divergence in the interpretation of the provisions of this Agreement, the English text shall prevail.
(signatures)