14. Article
Ar šo tiek noteikts, ka šis Līgums
paliek spēkā nenoteiktu laiku un tik ilgi, kamēr kāda no Pusēm to
nav denonsējusi pa diplomātiskajiem kanāliem. Šajā gadījumā tas
zaudē spēku sešus mēnešus pēc tam, kad jebkura no Pusēm saņēmusi
notu par denonsēšanu.
TO APLIECINOT, abu valstu
pārstāvji, kurus attiecīgi pilnvarojušas to valdības, paraksta šo
Līgumu.
Parakstīts Madridē, 2003.gada
24.novembrī divos eksemplāros latviešu, spāņu un angļu valodās,
visi teksti ir vienlīdz autentiski. Jebkuru interpretācijas
domstarpību gadījumā, noteicošais teksts ir angļu valodā.
LATVIJAS
REPUBLIKAS
VĀRDĀ
Māris
Gulbis
Iekšlietu ministrs
SPĀNIJAS
KARALISTES
VĀRDĀ
Ángel
Acebes
Paniagua
Iekšlietu ministrs
SPĀNIJAS
KARALISTES
VĀRDĀ
Ángel
Acebes
Paniagua
Iekšlietu ministrs
AGREEMENT
BETWEEN THE REPUBLIC OF LATVIA AND THE KINGDOM OF SPAIN ON
COOPERATION IN COMBATING TERRORISM, ORGANISED CRIME, ILLICIT
TRAFFIC IN NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSORS
AND OTHER CRIME
The Republic of Latvia and the
Kingdom of Spain, hereinafter referred to as "the Parties",
Recognising the importance of
deepening and developing co-operation to combat terrorism,
organised crime illicit traffic in narcotic drugs, psychotropic
substances and precursors and other crime;
Guided by the principles of
equality, reciprocity and mutual assistance;
Have agreed as follows:
Article 1
1. The Parties, pursuant to the
legislation of both Parties and to this Agreement, shall
co-operate in combating crime, especially in its organised
forms.
2. The Parties shall collaborate
in combating criminal acts, in particular:
a) terrorism;
b) crimes against the life and
integrity of persons and property;
c) illicit traffic of narcotic
drugs and psychotropic substances, as well as the raw materials
and precursors for the manufacture thereof;
d) illegal immigration and traffic
in human beings;
e) kidnappings;
f) forgery (printing, alteration)
and illegal use of identity documents (passports, visas and motor
vehicle papers);
g) smuggling;
h) money laundering stemming from
criminal activities;
i) forgery (printing, alteration)
and fraudulent distribution of currency, means of payment,
cheques and securities;
j) the theft of and unlawful trade
in motor vehicles and connected criminal activities;
k) illegal traffic in weapons,
ammunition, explosives, strategic raw materials (nuclear and
radioactive materials), as well as other generally dangerous
substances and dual-use goods and technologies;
l) unlawful traffic in cultural
assets of historical value and works of art;
m) financial offences, including
tax evasion;
n) organised forms of crime
against sexual freedom, especially those connected with minors,
as well as the printing, dissemination and supplying of
pornographic materials with the participation of minors;
o) offences committed through
computer systems;
p) offences against natural
resources and the environment.
3. The Parties shall likewise
collaborate in combating any other kind of crime whose
prevention, detection and investigation require the co-operation
of the competent bodies of both Parties.
Article 2
1. Collaboration between the
Parties, within the framework of combating criminal acts referred
to in Article 1, shall include information exchange and the
providing of assistance in the operational activity of
investigation into:
a) the identification of and
search for persons who have disappeared;
b) the investigation of and search
for persons who have committed or are suspected of having
committed offences in the territory of either of the Parties that
are responsible for investigating them, and their
accomplices;
c) the identification of corpses
and of persons of interest to the police;
d) the search in the territory of
one of the Parties for objects, effects or instruments involved
in crime or used in the commission thereof, at the request of the
other Party;
e) the financing of criminal
activities.
2. The Parties shall also
co-operate in:
a) information exchange and the
necessary help for escorting convicted persons under the
Convention on the Transfer of Sentenced Persons of 21 March
1983;
b) information exchange and the
necessary help for moving radioactive, explosive and toxic
substances as well as weapons;
c) information exchange and mutual
collaboration in conducting controlled deliveries of narcotic and
psychotropic substances;
d) information exchange and the
necessary help for the transfer or transit of deported persons or
those refused entry.
Article 3
In order to achieve the
co-operation aims, the Parties shall:
a) inform each other reciprocally
on the investigations under way into the different forms of
organised crime, including terrorism and connections, structure
and methods thereof;
b) carry out co-ordinated actions
and mutually assist each other under the complementary agreements
signed by the competent bodies;
c) inform each other of the
methods and new forms of international crime;
d) inform each other the results
of criminal and criminological investigations carried out, as
well as reciprocal information on investigation techniques and
methods for combating international crime;
e) whenever necessary, work
meetings shall be held to prepare and assist in the carrying out
of co-ordinated measures.
Article 4
The Parties shall collaborate in
the fields covered by this Agreement, through:
a) information exchange on the
general situation and the crime trends in their respective
States;
b) discussion of their experience
in the use of criminal technology, as well as of the methods and
means of criminal investigation, the exchange of leaflets,
publications and the results of scientific research in the fields
covered by this Agreement;
c) information exchange related to
combating terrorism, crime and protecting public security;
d) technical and scientific
assistance, expert inspections and the lending of specialised
technical equipment;
e) discussion of experiences and
exchanges of experts and consultations;
f) co-operation in the field of
vocational training;
g) information exchange on
legislation of the Parties with regard to offences referred to in
this Agreement.
Article 5
This Agreement shall not affect
issues relative to the provision of judicial assistance in
criminal trials and extradition matters.
Article 6
The bodies responsible for the
practical implementation of the Agreement are:
on the part of the Republic of
Latvia: the Ministry of the Interior;
on the part of the Kingdom of
Spain: the Ministry of the Interior and, within the scope of its
competencies, the Ministry of Finance.
Article 7
1. Information exchange and
requests for the carrying out of activities provided under this
Agreement shall be referred in writing directly to the competent
bodies or through attachés or liaison officers. To this
end, the Parties shall inform each other of the appointment of
the latter.
In urgent cases, the competent
bodies may provide advance information orally in order to comply
with this Agreement, and confirm the formalities in writing
immediately thereafter.
2. Requests for information
exchange or for the carrying out of activities provided under
this Agreement shall be effected by the competent bodies within
the shortest possible time.
3. Each Party covers its own
expenses with regard to the implementation of this Agreement,
unless Parties agree otherwise.
Article 8
1. Either of the Parties may
refuse, totally or partially, to meet, or lay down conditions in
respect of complying with a request for aid or information if it
considers that meeting the request represents a threat to the
sovereignty or security thereof or that it is in contradiction
with the basic principles of the legal system thereof or with
other essential interests of the Party.
2. The competent body of the
requesting Party shall be informed about the cause of the
refusal.
Article 9
1. Information exchange between
the Parties pursuant to this Agreement shall be carried out on
the following terms:
a) the requesting Party may use
the information solely for the purpose and according to the terms
determined by the requested Party, taking into consideration the
deadline after the elapse of which it must be destroyed, in
accordance with its domestic legislation;
b) at the request of the requested
Party, the requesting Party shall provide information about the
use of the data that have been given to it and about the results
achieved;
c) if it were to happen that it
has been given incorrect or incomplete data, the requested Party
shall notify the requesting Party without delay;
d) each of the Parties shall keep
a record of the reports on data provided and their
destruction;
e) the Parties shall ensure
protection of the data provided against unauthorised access,
alteration, publication or dissemination, in accordance with
their domestic law;
f) likewise, the Parties hereby
undertake not to assign the personal data, to which this Article
refers, to any third party whatsoever other than the body making
the request pertaining to the requesting Party or, in the event
the latter were to effect the request, the data may only by
transferred to some of bodies referred to in Article 6 and prior
authorisation of the requested Party.
2. Either Party may adduce, at any
time whatsoever, non-compliance, on the part of the requesting
Party with the provisions of this Article as a cause to
immediately suspend the application the application of this
Agreement and, in the event, to automatically rescind it.
Article 10
1. The Parties shall set up a
Joint Committee to carry out and supervise the co-operation
regulated under this Agreement. The competent bodies shall notify
each other in writing about the representatives whom they have
appointed as members of the Joint Committee.
2. The Joint Committee shall meet,
in ordinary session, once a year and, extraordinarily, provided
either Party so request, subject to the date, place and agenda to
be agreed via the diplomatic channels.
3. Except by special agreement
between the Parties, meetings shall be held alternatively in
Latvia and Spain. Meetings shall be chaired by the Head of the
Delegation of the Party where such meeting is held.
Article 11
Any disputes arising from the
interpretation or the implementation of this Agreement shall be
settled by means of negotiations between the Parties.
Article 12
The provisions of this Agreement
shall not affect the fulfilment of the provisions of other
bilateral or multilateral international agreements or commitments
entered into by the Republic of Latvia and the Kingdom of
Spain.
Article 13
This Agreement shall be applied
provisionally thirty days as of the date of its signing and shall
enter into force the last day of the month 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 this
Agreement.
Article 14
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 of denunciation.
IN WITNESS AND TESTIMONY WHEREOF,
the representatives of both States, duly authorised for such
purposes by their respective Governments, sign the present
Agreement.
Done in Madrid on 24 November 2003
in two copies each in Latvian, Spanish and English languages, all
texts being equally authentic. In case of divergence of
interpretation, the English text shall prevail.
For the
Republic of Latvia
Māris
Gulbis
Minister of the
Interior
For the
Kingdom of Spain
Ángel
Acebes
Paniagua
Minister of the
Interior
- a)) terrorism;
- b)) crimes against the life and
- c)) illicit traffic of narcotic
- d)) illegal immigration and traffic
- e)) kidnappings;
- f)) forgery (printing, alteration)
- g)) smuggling;
- h)) money laundering stemming from
- i)) forgery (printing, alteration)
- j)) the theft of and unlawful trade
- k)) illegal traffic in weapons,
- l)) unlawful traffic in cultural
- m)) financial offences, including
- n)) organised forms of crime
- o)) offences committed through
- p)) offences against natural
- a)) the identification of and
- b)) the investigation of and search
- c)) the identification of corpses
- d)) the search in the territory of
- e)) the financing of criminal
- a)) information exchange and the
- b)) information exchange and the
- c)) information exchange and mutual
- d)) information exchange and the
- a)) inform each other reciprocally
- b)) carry out co-ordinated actions
- c)) inform each other of the
- d)) inform each other the results
- e)) whenever necessary, work
- a)) information exchange on the
- b)) discussion of their experience
- c)) information exchange related to
- d)) technical and scientific
- e)) discussion of experiences and
- f)) co-operation in the field of
- g)) information exchange on
- a)) the requesting Party may use
- b)) at the request of the requested
- c)) if it were to happen that it
- d)) each of the Parties shall keep
- e)) the Parties shall ensure
- f)) likewise, the Parties hereby
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