(Sudafrica) - Full Text Of The Norm

Original Language Title: ACUERDOS ESTUPEFACIENTES (SUDAFRICA) - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ACUERDOS Law 25.227 Approve the Agreement on Mutual Cooperation and Assistance in the Fight against Illicit Production and Traffic in Narcotic Drugs and Psychotropic Substances, the Indebted Use of Drugs and Related Subjects, signed with the Government of the Republic of South Africa.

Sanctioned: November 24, 1999.

Promulgated: December 23, 1999.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Agreed by the Government of the ARGENTIN REPUBLIC and the GOVERNMENT OF THE SUDAFRICA REPUBLIC ON COOPERATION AND MUST ASSISTANCE IN THE LUCHA AGAINST THE PRODUCTION AND ILICITY TRAFFIC OF ESTUFACIENTS AND SUBSTANCIES

ARTICLE 2 Contact the national executive branch.

DADA IN THE SESSION OF THE CONGRESE ARGENTINO IN GOOD AIRES, TO THE VEINTICUATRO DAYS OF THE MONTH OF NOVENTY AND NEW YEAR.

# 25,227 EL

ALBERTO R. PIERRI. . EDUARDO MENEM. . Esther H. Pereyra Arandía de Pérez Pardo. . Juan C. Oyarzún.

Agreed between the Government of the ARGENTIN REPUBLIC and the Government of the SOUTH AFRICA REPUBLIC ON MUST COOPERATION AND ASSISTANCE IN THE LUCHA AGAINST THE PRODUCTION AND ILICITY TRAFFIC OF STUFACIENTS AND PSICOTROPICAL SUBSTANCES, THE

PREAMBULO

The Government of the Argentine Republic and the Government of the Republic of South Africa (hereinafter referred to as "the Parties" and "the Party") recognizing the cordial relations between them and their peoples;

Recognizing also that both the Argentine Republic and the Republic of South Africa are increasingly affected by the illicit trafficking in narcotic drugs and psychotropic substances, which pose a major risk to the health and well-being of their peoples;

They hereby agree that:

ARTICLE 1

LEGAL PROVISIONS

(1) The definitions of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concerning "Stuspecting" and "Psychotropic Substances" shall apply to this Agreement.

(2) In no way shall the present agreement be construed as derogating:

(a) the laws in force in the territory of each Party;

(b) any other agreement concluded by the Parties.

ARTICLE 2

COOPERATION AREAS

(1) The Parties shall cooperate and provide mutual assistance in the prevention of drug abuse, the rehabilitation of drug addicts, and the fight against the illicit production and trafficking of narcotic drugs and psychotropic substances.

(2) The Parties, to the extent possible, and in accordance with their respective national laws and international obligations:

(a) Exchange information on drug traffickers and perpetrators of related crimes;

(b) coordinate strategies and exchange information on national programmes relating to the prevention of drug abuse, drug rehabilitation, transport control, control of chemical substances used in the production and purification of drugs, as well as combating the illicit production and trafficking of narcotic drugs and psychotropic substances;

(c) exchange information and experiences on their respective legislation and jurisprudence with regard to narcotic drugs and psychotropic substances;

(d) Exchange information on sentences handed down against drug traffickers and perpetrators of related crimes;

(e) Mutual assistance will be provided in the fight against such crimes and will establish controlled deliveries as defined in the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, where necessary for these purposes.

ARTICLE 3

INSTRUMENTATION AND IMPLEMENTATION OF THE AGREEMENT

(1) The representatives of each Party shall cooperate with the purpose of:

(a) To establish mechanisms to ensure the implementation of the present agreement in coordination with the Ministry of Foreign Affairs, International Trade and Worship of the Argentine Republic and the Department of Foreign Affairs of the Republic of South Africa;

(b) To develop joint programmes of action through the competent bodies of each state to achieve the objectives of this Agreement;

(c) To evaluate the implementation of such programmes of action;

(d) Develop programmes for the rehabilitation of drug addicts and the prevention of the abuse of narcotic drugs and psychotropic substances, and coordinate actions to combat the illicit trafficking of narcotic drugs and psychotropic substances;

(e) To discuss issues relating to the implementation of this Agreement and the development of other mutually acceptable forms of cooperation and assistance.

(2) Decisions to be made for the purposes of cooperation referred to in subparagraph (1) shall be covered by memorandum of understanding and, where appropriate, shall contain a declaration of objectives to achieve, specific perceptible goals, the contribution of each participant and a timetable for the implementation of the activities.

(3) In order to facilitate the implementation of this Agreement, the Parties may designate a staff member who acts as a permanent link between the respective Departments or Government Agencies specialized in the field of drugs. Through appropriate consultations, Parties may designate additional specialized personnel to provide advisory services to officials mentioned in this Article.

ARTICLE 4

CARACTER CONFIDENCEL

Recognizing the need for the confidential nature of the fight against crime, Parties under domestic legislation:

(a) refrain from communicating any information or request received under this Agreement to any third party without the prior written consent of the other Party; and

(b) respect the highest degree of the confidential nature that any Party may determine.

ARTICLE 5

COMMUNICATION

(1) Orders under this Agreement shall be addressed to the relevant authority of each Party. The Secretariat for Drug Prevention and Drug Trafficking Programming is the competent authority of the Argentine Republic (SEDRONAR). In the case of the Republic of South Africa, the National Commissioner of the South African Police Service and the Director General of the Welfare Department are appointed to coordinate applications that are included within the functional area of their respective departments.

(2) In accordance with paragraph (3), all communications under this Agreement shall be made in writing.

(3) In urgent cases, communications may be verbal, but the essential content of such communications must be confirmed immediately in writing.

(4) The communication shall be made in English or Spanish.

ARTICLE 6

EXPENDITURE

All expenses incurred by a Party under this Agreement, at the request of the other Party, shall be reimbursed against proof of the expenses incurred by that other Party, except otherwise agreed in writing between the Parties in a particular case.

ARTICLE 7

INTERPRETATION AND INSTRUMENTATION

Any dispute concerning the interpretation or instrumentation of this Agreement shall be resolved through diplomatic channels.

ARTICLE 8

AMENDMENTS

(1) This Agreement may be amended if agreed by the Parties through the diplomatic channel by written notification.

(2) Any amendment agreed upon by the Parties shall enter into force on the date on which the Parties have communicated each other through the diplomatic channel the fulfilment of the constitutional requirements necessary for the implementation of the relevant amendment.

ARTICLE 9

IN VIGOR AND TERMINATION

(1) This Agreement shall enter into force on the date on which the Parties have notified each other in writing of the fulfilment of their respective constitutional requirements for the entry into force of this Agreement. The date of entry into force shall be the date of the last notification.

(2) This Agreement shall remain in force until any Contracting Party terminates it, provided that such termination has effect after a period of six months after the written notification of the Agreement to the other Party through the diplomatic channel.

In faith, the undersigned have subscribed to this Agreement in two originals in the Spanish and English languages, both equally authentic.

Made in Buenos Aires, July 23, 1998.