15. Article
1. Šis Līgums ir noslēgts uz nenoteiktu laika periodu un
stājas spēkā dienā, kad saņemts pēdējais rakstiskais paziņojums
pa diplomātiskiem kanāliem, ar kuru Puses paziņo viena otrai par
iekšējo procedūru izpildi, kas nepieciešamas, lai Līgums stātos
spēkā.
2. Katra Puse jebkurā laikā var izbeigt šo Līgumu, rakstiski
paziņojot par nodomu otrai Pusei pa diplomātiskajiem kanāliem.
Šis Līgums zaudē spēku deviņdesmitajā dienā, kas seko datumam,
kad saņemts šāds paziņojums.
Parakstīts Tirānā, 2009.gada 16.decembrī divos
oriģināleksemplāros, katrs latviešu, albāņu un angļu valodās,
visiem tekstiem esot vienlīdz autentiskiem. Atšķirīgas
interpretācijas gadījumā noteicošais ir teksts angļu valodā.
Latvijas Republikas valdības
vārdā
ārkārtējā un pilnvarotā vēstniece
Itālijas Republikā
Astra
Kūrme
Albānijas Republikas Ministru
padomes vārdā
iekšlietu ministra
vietnieks
Avenirs
Peka
AGREEMENT between
the Government of the Republic of Latvia and the Council of
Ministers of the Republic of Albania on Co-operation in Combating
Terrorism, Organized Crime, Illicit Trafficking in Narcotic
Drugs, Psychotropic Substances and Precursors
The Government of the Republic of Latvia and the Council of
Ministers of the Republic of Albania (hereinafter referred to as
"the Parties"),
guided by the endeavor to contribute to the development of
their bilateral co-operation;
convinced of the substantial importance of the co-operation in
combating crime, especially terrorism, organized crime and
illicit trafficking in narcotic drugs, psychotropic substances
and precursors;
aiming to increase their joint efforts for combating
terrorism;
desiring to harmonize their actions against internationally
organized crime;
taking into consideration the relevant international
treaties;
have agreed as follows:
Article 1
1. Taking into consideration the national legislation of the
Parties and pursuant to the provisions of the present Agreement,
the Parties shall co-operate in combating terrorism, organized
crime, illicit trafficking in narcotic drugs, psychotropic
substances and precursors.
2. The Parties shall co-operate especially in cases wherein
crimes or their preparations are carried out in the territory of
the state of one of the Parties, and information obtained refers
to the territory of the state of the other Party.
Article 2
For combating terrorism, the Parties:
1) shall exchange information on the planned or committed acts
of terrorism, those who participate in such crimes, the methods
of commission and the devices used;
2) shall exchange information on terrorist groups and the
members of these groups planning, committing or having committed
crimes in the territory of the state of one of the Parties and to
the disadvantage of either Party, as well as information which is
necessary for combating terrorism and crimes seriously
threatening the public safety;
3) shall exchange analytic and other materials related to
terrorism;
4) shall exchange experience and knowledge in the field of
ensuring security;
5) in accordance with the national legislation of the Parties,
upon the request of one of the Parties, the other Party or both
Parties jointly shall carry out operational and other
measures.
Article 3
For combating illicit trafficking in narcotic drugs,
psychotropic substances and precursors, the Parties:
1) shall inform each other on persons involved in the illicit
trafficking in narcotic drugs, psychotropic substances and
precursors; on hiding places, means of transport and methods of
commission; on the place of origin and destination of the
narcotic drugs, psychotropic substances and precursors, as well
as of any other relevant details of such crimes, in so far as
they are necessary for combating these crimes;
2) shall inform each other on the methods of illicit
international trafficking in narcotic drugs, psychotropic
substances and precursors, and of other relevant facts;
3) shall exchange the results of criminalistic and
criminological research on illicit trafficking in narcotic drugs,
psychotropic substances and precursors;
4) shall put at each other's disposal samples of narcotic
drugs, psychotropic substances and precursors, if necessary;
5) shall exchange experience in controlling the legal trade of
narcotic drugs, psychotropic substances and precursors;
6) in accordance with the national legislation of the Parties,
upon the request of one of the Parties, they jointly shall carry
out operational and other measures.
Article 4
For combating crimes, especially organized crime, the
Parties:
1) shall inform each other on persons involved in organized
crime, their connections, the structure of criminal organizations
and groups, the facts of the cases (especially the time, location
and method of commission), the attacked facilities, the measures
taken, as well as any other relevant details, in so far as they
are necessary for combating such crimes;
2) shall exchange information and experience on methods of
commission and new forms of transnational organized crime;
3) shall exchange the results of criminalistic and
criminological research, the experience on investigation
techniques and application of the working methods and
equipment;
4) shall, upon request, put at each other's disposal
information on and samples of objects resulting from criminal
acts or used for committing crimes;
5) shall exchange experts for joint or mutual training in
order to obtain a higher level expertise and to study mutually
the newest achievements in investigation techniques, equipment
and methods used in combating crime;
6) in accordance with the national legislation of the Parties,
upon the request of one of the Parties, the other Party or both
Parties jointly shall carry out operational and other
measures.
Article 5
1. In order to implement the provisions of the present
Agreement, the competent authorities of the Parties, on the part
of the Republic of Latvia:
the Ministry of the Interior, the State Police, the Security
Police, the State Border Guard, the State Revenue Service;
and on the part of the Republic of Albania:
the Ministry of the Interior, the General Directory of the
State Police, the General Directory of the Customs and the
Ministry of Finance
shall, within the scope of their powers and competence,
co-operate with each other directly.
2. The competent authorities of the Parties may specify the
definite fields of co-operation and the forms of communication in
separate Protocols.
3. The Parties shall notify each other through diplomatic
channels on the contact information of the competent authorities
and the jurisdiction of their competence necessary for mutual
communication.
4. The Parties shall promptly notify each other through
diplomatic channels of any changes in the list of the competent
authorities of the Parties referred to in paragraph 1 of this
Article.
5. In the absence of other agreement, the English language
shall be used in communication and exchange of information
between the competent authorities of the Parties.
Article 6
1. Co-operation between the competent authorities of the
Parties shall be on a request basis. Requests shall be forwarded
to the competent authorities of the Parties within the scope of
their competences.
2. Requests for co-operation shall be made officially in
writing and delivered through safe technical means. Requests for
co-operation shall sign the head of the competent authority or
its deputy, or other their authorized persons and certify by the
seal of the competent authority.
3. Requests for co-operation shall bear the name of the
requesting competent authority, the subject of the request,
justification as well as additional information on the personal
data containing in the request. Requests for co-operation may be
accompanied by other documents pertaining to the subject matter
of the request.
4. Where a competent authority of one Party is unable to
respond to a request, it shall forward the request to another
competent authority of that Party and inform the requesting
competent authority thereabout.
Article 7
Taking into consideration the national legislation of the
Parties for the protection of personal data transmitted in the
course of the co-operation, the following conditions shall
apply:
1) the receiving Party may use the data solely for the purpose
and under the conditions determined by the transmitting
Party;
2) upon the request of the transmitting Party, the receiving
Party shall give information on the utilization of the data
transmitted and the results thus achieved;
3) personal data may be forwarded solely to the competent
authorities of the Parties referred to in paragraph 1 of Article
5 of the Agreement combating terrorism, organized crime, illicit
trafficking in narcotic drugs, psychotropic substances and
precursors. Data may be forwarded to other authorities only upon
prior written permission of the transmitting Party;
4) the transmitting Party shall undertake to ensure that the
transmitted data are correct and shall ascertain whether the
transmission is necessary and corresponds to the intended
purpose. In case it is subsequently ascertained that incorrect or
unauthorised data have been transmitted, the receiving Party must
be informed immediately. The receiving Party shall correct the
errors or, in case the data should not have been transmitted,
destroy them;
5) the person, whose personal data have been submitted, at his
request and in accordance with the national legislation of the
relevant Contracting Party, must be given information on the data
and their intended use; in the interests of national security and
public order, such information may be refused;
6) when transmitting the data, the transmitting Party shall
inform the receiving Party of the deadline for the deletion
thereof in accordance with the national legislation of the
transmitting Party. Regardless of the deadline, the data relating
to the person concerned must be deleted as soon as they cease to
be needed. The transmitting Party must be informed about the
deletion of the transmitted data and about the reasons for the
deletion. In the event of termination of the present Agreement,
all data received on its basis must be destroyed;
7) the Parties shall keep a record of the transmission,
receipt and deletion of data in the data base specially
established for this purpose;
8) the Parties shall protect effectively the personal data
transmitted against unauthorized access, change and
publication.
Article 8
1. The Parties shall protect the secrecy of information
classified as such by any of the Parties in accordance with the
national legislation of the Parties in so far as this is required
on the basis of the national legislation of the transmitting
Party.
2. Documents, data and technical equipment transmitted
pursuant to the present Agreement shall be forwarded to a
non-Party of the present Agreement only upon prior written
permission of the transmitting Party.
Article 9
1. In order to promote and evaluate the co-operation pursuant
to the present Agreement, the competent authorities of the
Parties may set up a Joint Commission. The Parties shall notify
each other of their members designated to the Joint Commission
through the diplomatic channels.
2. The Joint Commission shall hold meetings at the initiative
of either Party. The Joint Commission shall hold its meetings
alternately in the Republic of Latvia and in the Republic of
Albania.
Article 10
Either Party may reject in whole or in part or may condition
to comply with the request for assistance or co-operation in case
it execution would threaten its national sovereignty, endanger
its security, public order, other basic interests or violate its
national legislation.
Article 11
The provisions of the present Agreement do not affect the
implementation of the provisions of other bilateral or
multilateral international treaties concluded by the Republic of
Latvia or the Republic of Albania.
Article 12
The competent authorities shall bear all ordinary costs
incurred by them in complying with a request, but the payment of
any extraordinary costs shall be agreed separately by the
competent authorities of the Parties concerned.
Article 13
1. Any dispute concerning the interpretation and application
of this Agreement shall be settled by way of direct negotiations
or consultations between the competent authorities of the Parties
within the scope of their competence.
2. Should no agreement be reached by way of disputes
settlement as referred to in paragraph 1 of this Article, the
dispute shall be settled through diplomatic channels.
Article 14
The Parties may make amendments and supplements to the present
Agreement in the form of protocols, which become an integral part
of the present Agreement. The amendments and supplements to the
present Agreement shall enter into force in accordance with
paragraph 1 of Article 15 of the present Agreement.
Article 15
1. The present Agreement is concluded for an indefinite period
of time and shall enter into force on the day of the receipt of
the last written notification through diplomatic channels by
which the Parties notify each other of the completion of the
internal procedures necessary for the present Agreement to enter
into force.
2. Each Party may terminate the present Agreement at any time
by giving the other Party a written notice of its intention
through diplomatic channels. Such termination shall take effect
on the ninetieth day following the date of receipt of such
notice.
Done at Tirana on 16 December 2009 in two originals, each in
the Latvian, Albanian and English language, all texts being
equally authentic. In case of differences in the interpretation,
the English text shall prevail.
For the Government of the
Republic of Latvia:
Ambassador Extraordinary and
Plenipotentiary of the Republic of Latvia to the Republic
of Italy
Astra
Kurme
For the Council of Ministers
of the Republic of Albania:
deputy minister of the
Interior
Avenir
Peka
- 1)) shall exchange information on the planned or committed acts
- 2)) shall exchange information on terrorist groups and the
- 3)) shall exchange analytic and other materials related to
- 4)) shall exchange experience and knowledge in the field of
- 5)) in accordance with the national legislation of the Parties,
- 1)) shall inform each other on persons involved in the illicit
- 2)) shall inform each other on the methods of illicit
- 3)) shall exchange the results of criminalistic and
- 4)) shall put at each other's disposal samples of narcotic
- 5)) shall exchange experience in controlling the legal trade of
- 6)) in accordance with the national legislation of the Parties,
- 1)) shall inform each other on persons involved in organized
- 2)) shall exchange information and experience on methods of
- 3)) shall exchange the results of criminalistic and
- 4)) shall, upon request, put at each other's disposal
- 5)) shall exchange experts for joint or mutual training in
- 6)) in accordance with the national legislation of the Parties,
- 1)) the receiving Party may use the data solely for the purpose
- 2)) upon the request of the transmitting Party, the receiving
- 3)) personal data may be forwarded solely to the competent
- 4)) the transmitting Party shall undertake to ensure that the
- 5)) the person, whose personal data have been submitted, at his
- 6)) when transmitting the data, the transmitting Party shall
- 7)) the Parties shall keep a record of the transmission,
- 8)) the Parties shall protect effectively the personal data
asjoint-stock