AGREEMENTS agreements 26.952 law approved cooperation framework agreement. Adopted: July 2, 2014 fact promulgated: July 31, 2014 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 ° - approve the agreement framework of cooperation between the States parties of the MERCOSUR and States partners for creation of teams sets of research, held in San Juan - Republic ARGENTINA - August 2, 2010, consisting of SIXTEEN (16) articles and an annex (1), whose authenticated photocopy part of this law.
Article 2 °-communicate is to the power Executive national.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE TWO DAYS OF THE MONTH OF JULY IN THE YEAR TWO THOUSAND FOURTEEN.
-REGISTERED UNDER NO. 26.952 - JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese. -Gerardo Zamora.
AGREEMENT framework of cooperation between the States parties of the MERCOSUR and States partners for the creation of teams sets of research the Republic Argentina, the FRY of the Brazil, the Republic of the Paraguay, the Oriental Republic of the Uruguay, States parties of MERCOSUR, and the plurinational State of Bolivia and the Republic of Ecuador, MERCOSUR associated States, hereinafter referred to as the parties;
Recalling that the Convention of the Nations United against the traffic illicit of narcotic drugs and substances psychotropic (Convention of Vienna); the United Nations Convention against transnational organized crime (Palermo Convention) and its additional protocols; and the https://www.boletinoficial.gob.ar/pdf/linkQR/SDdOYWUrWTlXSjVycmZ0RFhoUThyQT09 Convention of the United Nations against corruption (Mérida Convention), already envisaged the implementation of joint research;
Worried about crimes such as illicit trafficking in narcotic drugs, corruption, money laundering, trafficking in persons, smuggling of migrants, trafficking of arms and all those belonging to the so-called transnational organized crime, as well as acts of terrorism, or crimes whose characteristics make necessary action and fight coordinated more than one part;
Desiring to strengthen cooperation in criminal matters in order to achieve an effective investigation of all those behaviors referred to above;
Convinced that joint investigation teams will constitute an effective tool of international cooperation in criminal matters; and understanding necessary to have appropriate cooperation mechanisms that allow effective coordination between the authorities of the parties.
AGREE: Article 1 scope the competent authorities of a party, who are in charge of a criminal investigation, they may ask the competent authorities of another party, the creation of a joint research team when that research is aimed at criminal behavior that by its nature require the coordinated action of more than one part.
Article 2 powers the set's research team will have powers to act within the territories of the parties that created them, in accordance with the domestic legislation of the parties where it is acting team.
Article 3 definitions to them purposes of the present agreement frame is means by: 3.1 team set of research (ECI): is the constituted by means of an instrument of cooperation technical specific that is celebrates between them authorities competent of two or more parts, to carry to out investigations criminal in their territories, by a time and end certain.
3.2 instrument of technical cooperation: is the signed document between the competent authorities, which creates an ECI. It shall contain the requirements in the present framework agreement.
3.3. competent authorities: They are the designated in each of the parties, in accordance to their internal rules, to propose the creation and for the respective approval of an ECI.
3.4. Central Authority: It is nominated by each party according to its domestic law, to receive, analyze and transmit requests for Constitution of an ECI.
3.5. members of ECI: are indicated in the instrument of technical cooperation, designated by the competent authorities of the parties.
Article 4 application 4.1 the requests of creation of an ECI will be processed through them authorities central designated by each part, using the form that consists in annex and form part of the present agreement.
(https://www.boletinoficial.gob.ar/pdf/linkQR/SDdOYWUrWTlXSjVycmZ0RFhoUThyQT09 4.2 such requests shall contain: a) the identification of the required part;
(b) the identification of the authorities to charge of the research in the part requesting;
(c) an exhibition concise of them made and description of them reasons that merit the need of the creation of an ECI;
(d) the applicable criminal laws in the requesting party to the made object of research;
(e) the description of the procedures of research that is proposed perform;
(f) the identification of the officials of the requesting party for the integration of the ECI;
(g) the time estimated that will require the activity of research of the ECI; and (h) the draft instrument of technical cooperation for consideration by the competent authority of the requested Party.
4.3. the request must be drawn up in the language of the requesting party and will be accompanied by a translation into the language of the required part, if applicable.
Article 5 process formalized the request by the competent authority of the requesting party, it may refer to its Central Authority. The Central Authority will examine if the request meets the conditions laid down in this agreement, in which case, shall forward the request to the Central Authority of the requested Party.
The Central Authority of the requested part, after inspection of the conditions of the present Agreement shall send, if necessary, order to its competent authority so that it issued on the establishment of an ECI, according to its domestic law.
The central authorities processed the requests by the most expeditious means and in the shortest time possible.
Article 6 acceptance acceptance of the creation of an ECI shall be communicated through the central authorities, in order to formalize the definitive instrument of technical cooperation, which will be signed by both competent authorities.
In the event that the competent authority of the requested party to reject the request for creation of the ECI, it shall inform its Central Authority, which, in turn, shall forward it immediately to the Central Authority of the requesting party. The rejection must always be founded.
Article 7 cooperation technique 7.1 technical cooperation instrument instrument must contain: to) identifying authorities that subscribe the instrument and States in which will act the ECI;
(b) the specific purpose and the period of operation of the ECI;
(c) the identification of the team leader by the competent authority of the State in which act the ECI. In the case that the team Act in more than one State, each party will identify a team leader;
(d) the identification of the other members of the ECI, appointed by the authorities competent for the parties involved;
(https://www.boletinoficial.gob.ar/pdf/linkQR/SDdOYWUrWTlXSjVycmZ0RFhoUThyQT09 e) measures or procedures that will be required;
(f) any other specific provision in terms of functioning, organization and logistics that the competent authorities understand necessary for the effective development of research;
7.2. the instrument of technical cooperation should be drafted, in his case, the language of the requesting parties and required.
7.3. the specific purpose of technical cooperation instrument, the period of operation and measures or procedures to be performed, may be amended by agreement of the competent authorities.
Article 8 direction of the research the team leader will have extensive powers, in the framework of the agreed object, to design guidelines for the investigation and the measures that it deems appropriate, in accordance with the rules of their own State.
Article 9 liability the civil and criminal liability for the actions of the ECI shall be subject to the rules of the State of their performance. Administrative liability shall be determined by the legislation of the party they belong to members of the ECI.
Article 10 expenditure of research unless agreed otherwise, expenditures that requires research shall be borne by the requesting party, in everything other than salaries and remuneration for the performance of the members of ECI of the required part.
Article 11 use of the test and the test information and obtained information under the action of the ECI may only be used in the research that led to its creation, unless otherwise agreed by the competent authorities.
The competent authorities may agree that test and information obtained, pursuant to the performance of the ECI, are confidential.
Article 12 exemption from legalisation documents that are processed through the central authorities, excepted any legalization or other similar formality.
Article 13 authorities central parties, when depositing the instrument of ratification of this agreement, shall notify the designation of the Central Authority to the depositary State, which shall inform the other parties.
The Central Authority may be changed at any time, and the part to communicate this, in the shortest possible time, the depositary State of the present agreement, to put in knowledge of other parties effected change.
PROVISIONS late article 14 https://www.boletinoficial.gob.ar/pdf/linkQR/SDdOYWUrWTlXSjVycmZ0RFhoUThyQT09 settlement of disputes disputes arising over the interpretation, application, or failure to comply with the provisions contained in the agreement between the States parties of MERCOSUR will be resolved by the system of settlement of disputes existing in the MERCOSUR.
The disputes that may arise regarding the interpretation, application, or failure to comply with the provisions of this agreement between one or more States parties of MERCOSUR and one or more associated States, as well as one or more associated States will be resolved according to the mechanism of settlement of disputes existing between the parties involved in the conflict.
Article 15 entry into force this Agreement shall enter into force thirty (30) days after the deposit of the instrument of ratification by the fourth State party to MERCOSUR. On the same date it will enter into force for members States that had ratified it earlier.
For the associated States which had not ratified it prior to that date, the agreement enter into force on the same day in which the respective instrument of ratification is deposited.
The rights and obligations arising from the agreement, only apply to those States which have ratified it.
Article 16 deposit the Republic the Paraguay will be depositary of this agreement and the respective instruments of ratification, and must notify the parties dates from deposits of those instruments and the entry into force of the agreement, as well as send them copy duly authenticated it.
MADE in the city of San Juan, Republic Argentina, to them 2 days of the month of August of 2010, in an original, in those languages Spanish and Portuguese, being both texts equally authentic.
https://www.boletinoficial.gob.ar/pdf/linkQR/SDdOYWUrWTlXSjVycmZ0RFhoUThyQT09 annex form the agreement framework of cooperation between the States parties of the MERCOSUR and States associated to the creation of teams sets research:... (Authority Central of the part requesting) PARA: ……………………………………... (Authority Central of the part required) Under it established in the agreement framework of cooperation between them States part of the MERCOSUR and States associated for the creation of teams joint of research, is takes to knowledge of that authority Central that the authority competent (identification of the authority competent) of... (Part requesting) has understood suitable propose to them authorities competent of his country the creation of a team set of research (ECI) in the framework of a procedure criminal whose details is established in the present form. (A) the competent authority that requires the formation of the ECI:... (Data of the competent authority which has required the creation of ECI, including contact details) (B) criminal proceedings in which are interested in the creation of the ECI:... (Synthetic description of the cause contributing to their identification, researched fact, standards data, charged, if any, and, especially, connections of the case with the required part) (C) objectives of ECI:... (Purpose of the ECI regarding information, tests or measurements to be obtained) (D) procedures of research to perform by the ECI. ……………………… (Descripción de tales procedimientos) https://www.boletinoficial.gob.ar/pdf/linkQR/SDdOYWUrWTlXSjVycmZ0RFhoUThyQT09 E) officials who will be part of ECI by the requesting party:... (Names and contact details for all of the officials that will integrate ECI) (F) duration of the ECI frame:... (Estimated time of performance of the ECI) Pursuant to the cooperation framework agreement between the States parties of MERCOSUR and associated States for the creation of teams sets of research, the Central Authority of... transmitted the request for creation of an ECI to the Central Authority of... on the conditions to be agreed promptly in the instrument of technical cooperation, whose project is accompanied. In.. .to the... days of.. .of...
Date of publication: 04/08/2014 https://www.boletinoficial.gob.ar/pdf/linkQR/SDdOYWUrWTlXSjVycmZ0RFhoUThyQT09