Approve Framework Cooperation Agreement. Sanctioned: July 2, 2014 Enacted in Fact: July 31, 2014
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
ARTICLE 1-APPROVE THE FRAMEWORK AGREEMENT FOR COOPERATION BETWEEN THE STATES PARTIES OF THE MERCOSUR AND ASSOCIATED STATES FOR THE CREATION OF JOINT INVESTIGATION TEAMS, held in San Juan -REPUBLIC ARGENTINA-on 2 August 2010, which consists of SIXTEEN (16) articles and ONE (1) Annex, whose authenticated photocopy is part of this law.
ARTICLE 2 °-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, TWO THOUSAND AND FOURTEEN DAYS OF THE MONTH OF JULY OF THE YEAR.
-REGISTERED UNDER NO 26,952-
JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese. -Gerardo Zamora.
FRAMEWORK AGREEMENT FOR COOPERATION BETWEEN THE STATES PARTIES TO MERCOSUR AND STATES
PARTNERS FOR THE CREATION OF JOINT RESEARCH TEAMS
The Republic of Argentina, the Federative Republic of Brazil, the Republic of Paraguay, the Eastern Republic
Uruguay, States Parties to MERCOSUR, and the Plurinational State of Bolivia and the Republic of
Ecuador, States associated with MERCOSUR, hereinafter referred to as the Parties;
Recalling that the United Nations Convention against Illicit Traffic in Narcotic and
Sicotropic Substances (Vienna Convention); the United Nations Convention against the
Transnational Organized Crime (Palermo Convention) and its Additional Protocols; and
The United Nations Convention against Corruption (Merida Convention), which already provides for the
implementation of joint investigations;
Concerned about crimes such as illicit drug trafficking, corruption, money laundering,
human trafficking, migrant trafficking, arms trafficking and all those who make up the call
transnational organised crime, as well as acts of terrorism, or offences whose characteristics
make the coordinated action and combat of more than one Party necessary;
Keen to strengthen cooperation in criminal matters in order to achieve an effective investigation of all
those behaviors referred to above;
Convinced that joint research teams will be an effective tool for
international cooperation in criminal matters; and
It is necessary to have appropriate cooperation mechanisms in place to enable effective
coordination between the authorities of the Parties.
The competent authorities of a Party, who are in charge of a criminal investigation, may request the
the creation of a Joint Research Team to the competent authorities of another Party, when that
(a) the purpose of the investigation is to conduct criminal conduct which, by its nature
coordinated by more than one Party.
The Joint Research Team shall have the power to act within the territories of the Parties.
have been created in accordance with the internal legislation of the Parties where the Equipment is located.
For the purposes of this Framework Agreement, the following definitions shall apply:
3.1 Joint Research Team (ECI): It is constituted by means of a cooperation instrument
specific technique to be concluded between the Competent Authorities of two or more Parties, to bring to
criminal investigations in their territories, for a given time and purpose.
3.2 Technical Cooperation Instrument: is the document signed by the Competent Authorities, by
which is an ECI. It shall contain the requirements of this Framework Agreement.
3.3 Competent Authorities: They are the designated authorities in each of the Parties, in accordance with their
internal regulations, to propose the creation and for the respective approval of an ECI.
3.4 Central Authority: It is designated by each Party, according to its internal legislation, to receive,
to analyse and transmit requests for the establishment of an ECI.
3.5 Members of the ECI: These are those indicated in the Technical Cooperation Instrument, designated by the
Competent authorities of the Parties.
4.1 Applications for the creation of an ECI will be processed through the designated Central Authorities.
for each Party, by means of the form set out in the Annex and forms part of this Agreement.
4.2 Such applications shall contain:
(a) the identification of the Required Party;
(b) the identification of the authorities in charge of the investigation in the Requesting Party;
(c) a summary of the facts and description of the reasons for the need for the
the creation of an ECI;
(d) the criminal rules applicable in the Requesting Party to the fact that the investigation is carried out;
(e) the description of the research procedures to be carried out;
(f) the identification of the officials of the Requesting Party for the integration of the ECI;
(g) the estimated time limit for the research activity of the ECI; and
(h) The draft Technical Cooperation Instrument for the consideration of the Competent Authority of
The Desired Party.
4.3 The application must be in the language of the Requesting Party and be accompanied by a translation
to the language of the Required Party, if applicable.
The application by the Competent Authority of the Requesting Party shall be forwarded to the Authority.
Central. The Central Authority shall analyse whether the application meets the conditions laid down in this Regulation.
Agreement, in which case, will submit the request to the Central Authority of the Required Party.
The Central Authority of the Replaced Party, subject to the conditions of this Agreement, shall be subject to the conditions of this Agreement;
where appropriate, the request to its Competent Authority to be issued on the creation of an ECI, as
its internal legislation.
The Central Authorities shall process applications by the most expeditious means and in the shortest time
The acceptance of the creation of an ECI will be communicated through the Central Authorities, in order to
formalize the definitive technical cooperation instrument, which will be signed by both authorities
Where the Competent Authority of the Replaced Party rejects the application for the creation of the ECI,
communicate to its Central Authority, which shall in turn immediately forward it to the Central Authority of the
Requesting Party. Rejection must always be founded.
Instrument for Technical Cooperation
7.1 The Technical Cooperation Instrument shall contain:
(a) the identification of the Authorities who subscribe to the Instrument and the States in which the
(b) the specific purpose and the time limit for the operation of the ECI;
(c) The identification of the Head of the Team by the Competent Authority of the State in which the ECI acts. In the
the case of the Team acting in more than one State, each Party shall identify a Head of Team;
(d) the identification of the other members of the ECI, appointed by the Competent Authorities of the
(e) the measures or procedures to be carried out;
(f) Any other specific provision in the field of operation, organisation and logistics which the
Competent authorities should understand the need for the effective development of the investigation;
7.2 The Instrument for Technical Cooperation shall be drawn up, where appropriate, in the languages of the Parties.
Requesting and Reloved.
7.3 The specific purpose of the Technical Cooperation Instrument, the operational period and the
Measures or procedures to be carried out may be amended by agreement of the Competent Authorities.
Directorate for Research
The Head of the Team will have extensive powers, in the framework of the agreed object, to design the
guidelines of the investigation and to take the measures it considers relevant, in accordance with the rules of
its own State.
Civil and criminal liability for the performance of the ECI shall be subject to the rules of the State of its
action. Administrative responsibility shall be determined by the legislation of the Party to which the
belong to the members of the ECI.
Expenditure of the investigation
Unless otherwise agreed, the costs arising from the investigation shall be borne by the Party
The applicant, in all that is not wages and remuneration for the performance of the members of the ECI
Use of the Test and Information
The evidence and information obtained under the performance of the ECI may only be used in the
research that motivated their creation, except for the agreement of the Competent Authorities.
The competent authorities may agree that the information and evidence obtained by virtue of the
Performance of the ECI is confidential.
Exemption from legalisation
Documents which are dealt with by the Central Authorities are exempted from the
any legalisation or other similar formality.
The Parties shall, when depositing the instrument of ratification of this Agreement, communicate the designation of
the Central Authority to the depositary State, which shall bring it to the attention of the other Parties.
The Central Authority may be changed at any time, with the Party communicating, in the minor
time possible, to the depositary State of this Agreement, in order to bring to the attention of the
other Parties the change made.
Disputes arising out of the interpretation, application or non-compliance with the provisions
contained in this Agreement between the States Parties to MERCOSUR will be resolved by the
The solution of disputes in force in MERCOSUR.
Disputes arising out of the interpretation, application or non-compliance with the provisions
contained in this Agreement between one or more States Parties to MERCOSUR and one or more States
Partners, as well as between one or more Partner States will be resolved according to the
Dispute resolution in force between the parties involved in the conflict.
This Agreement shall enter into force thirty (30) days after the deposit of the instrument of ratification
by the fourth State Party of MERCOSUR. On the same date it will enter into force for the Associated States
which you have ratified in the past.
For the Associated States which have not ratified it prior to that date, the Agreement shall enter into
the same day as the deposit of the respective instrument of ratification.
The rights and obligations arising from the Agreement shall apply only to States which have
The Republic of Paraguay shall be the Depositary of this Agreement and the respective instruments of
ratification and the Parties shall be notified of the dates of the deposits of those instruments and of the entry
in force of the Agreement, as well as to send them a duly authenticated copy of the Agreement.
FACT in the city of San Juan, Argentina, at 2 days of August 2010, in a
original, in the Spanish and Portuguese languages, both texts being equally authentic.
ANNEX FORM TO THE FRAMEWORK AGREEMENT FOR COOPERATION BETWEEN THE STATES PARTIES TO THE MERCOSUR AND ASSOCIATED STATES FOR THE CREATION OF JOINT INVESTIGATION TEAMS: ................................................ (Central Authority of the Requesting Party) FOR: (Central Authority of the Redear Party) Pursuant to the Framework Agreement for Cooperation between the States Parties to Mercosur and the Associated States for the Creation of Joint Research Teams, it is brought to the attention of the The Central Authority competent authority (identification of the competent authority) of .............................. (Requesting Party) has understood that it is appropriate to propose to the competent authorities of your country the creation of a joint investigation team (ECI) within the framework of a criminal proceedings, the details of which are set out in this form. A) Competent authority requiring the formation of the ECI: ........................... (Data from the Competent Authority that has required the creation of the ECI, including the contact details) B) Criminal procedure in which the creation of the ECI is concerned: ........................... (synthetic description of the cause by providing the data to be identified, investigated, rules applicable, imputed, if any, and, in particular, connections to the case with the required Party) C) Objectives of the ECI: ........................... (Purpose of the ECI as regards (d) Research procedures to be carried out by the ECI. ........................... (Description of such procedures)
(e) Officials who will be part of the ECI by the Requesting Party: ........................... (Names and contact details of all the officials who will integrate the ECI) F) Deadline of duration of the ECI: ............................... (estimated time limit for the action of the ECI) of the provisions of the Framework Agreement for Cooperation between the States Parties to the MERCOSUR and the Associated States for the Creation of Joint Research Teams, the Central Authority of ............................... transmits the request for the creation of an ECI to the Central Authority of ................................ under the conditions that will be agreed upon in the Technical Cooperation Instrument, the project of which is accompanied. In ............................ to the ..... days of ................. of ......
Date of publication: 04/08/2014