24 FEBRUARY 2005. - An Act to approve the Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual legal assistance in criminal matters, signed in Brussels on 7 July 1997 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual legal assistance in criminal matters, signed in Brussels on 7 July 1997, will emerge its full and full effect.
Given in Brussels on 24 February 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2004-2005.
Senate.
Documents. - Bill tabled on 17 June 2004, No. 3-767/1. - Report, number 3-767/2.
Annales parliamentarians. - Discussion and voting. Session of December 21, 2004.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1520/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1520/2.
Annales parliamentarians. - Discussion and voting. Session of 20 January 2005.
(2) This Convention comes into force on 1^er May 2005.

Convention between the Kingdom of Belgium and the Kingdom of Morocco on mutual legal assistance in criminal matters
The Kingdom of Belgium
and
The Kingdom of Morocco
Desiring to maintain and strengthen the ties between their two countries and to govern their reports in the field of mutual legal assistance in criminal matters, decided to update and amend the extradition and mutual legal assistance agreement and the additional protocol signed on 27 February 1959. Accordingly, they decided to conclude the following convention:
Article 1^er
Mutual duty
1° The Contracting Parties undertake to agree according to the rules and conditions determined by the following articles, mutual legal assistance in any criminal case.
2° The provisions of this Agreement shall also apply when the requested mutual legal assistance relates to a repressive procedure in tax matters (customs and accesses, direct or indirect taxes and currency control).
3° This mutual assistance does not apply to the mutual enforcement of criminal decisions.
Article 2
Exceptions
1° This Agreement does not apply in the case of purely military or political offences.
2° Mutual legal assistance may be denied:
(a) If the application applies to offences considered by the requested State, as offences related to political or military offences.
(b) If the requested State considers that the enforcement of the application is likely to affect its sovereignty, security or public order, or is not compatible with its legislation.
Article 3
Reason for refusal
Any refusal of mutual assistance will be motivated.
Article 4
Implementation of Letters of Request
1° The requested State shall, in the form provided for in its legislation, enforce requests for mutual assistance in respect of a criminal case to be sent to it by the competent judicial authorities of the requesting State and whose purpose is to carry out acts of instruction, to disclose evidence or to hand over objects, records or documents.
2° The requested State may transmit only certified copies or photocopies of the requested records or documents.
However, if the requesting State expressly requests the communication of the originals, it will be applied to this request to the extent possible.
Article 5
Submission of documents and objects
1° The requested State may suspend the surrender of objects, records or originals of documents whose communication is requested, if necessary for an ongoing criminal procedure. The remission will be made once the procedure is closed.
2° Objects as well as the originals of the records and documents that have been communicated pursuant to a rogatory commission will be returned as soon as possible by the requesting State to the requested State, unless expressly opposed by the requested State.
Article 6
Searches and seizures
The Contracting Parties shall not subject the admissibility of the Letters of Request for Search and Seizure to conditions other than the following:
(a) The fact that gave rise to the rogatory commission is punishable under the right of the Contracting Parties to a maximum of six months' deprivation of liberty.
(b) The execution of the rogatory commission is compatible with the law of the requested Party.
(c) The request for a search or seizure must be accompanied by a warrant from the competent judge of the requesting State.
Article 7
Notification of proceedings and judicial decisions in criminal matters
1° The authority required for the notification of a judicial act will do so by simply handing over to the recipient as long as the requesting authority does not request another form of notification.
2° The proof of notification shall be made by means of a receipt dated and signed by the recipient or a declaration of the required authority recognizing the fact, form and date of the notification.
Any of these documents will be immediately forwarded to the requesting authority.
3° If the recipient refuses to receive the act or if the notification cannot be made for another reason, the requested authority will promptly review the act to the requesting authority by indicating the reason that prevented the notification.
Article 8
Citation of witnesses and experts
1° Upon express request from the requesting Party, the requested Party shall invite the witness or expert to visit the territory of the other Party to appear personally. The answer of the witness or expert will be communicated to the requesting authority.
2° The witness or expert who has not referred to a summons to appear whose surrender has been required may not be subject to any penalty or measure of constraint, even though this summons would contain injunctions, unless he or she subsequently proceeds voluntarily to the territory of the requesting State and that he or she is regularly quoted again.
Article 9
Travel and residence of experts and witnesses
1° Travel and travel expenses will be granted to the witness or expert, based on the rates and regulations in force in the requesting State.
2° The request for surrender of the summons or the quotation itself will have to mention the amount and modalities of reimbursement of travel and residence expenses by the competent authority of the requesting State to the witness or expert.
3° The authorities of the requesting State undertake to facilitate, to the extent possible, the travel of the witness or expert to his or her territory, including the advance, at his or her request, of any or any part of the travel and residence expenses.
Article 10
Comparison of detained witnesses
1° Any detained person, whose personal appearance as a witness or for the purpose of confrontation is requested by the requesting State, shall be temporarily transferred to the territory where the hearing must take place under the condition of its removal within the time specified by the requested State and subject to the provisions of Article 11 to the extent that they may apply.
2° The transfer may be refused:
(a) If the detained person does not consent.
(b) If its presence is necessary in a criminal procedure pending in the territory of the requested State.
(c) If his transfer is likely to extend his detention or if other compelling considerations oppose his transfer to the territory of the requesting State.
3° The transferred person shall remain in detention in the territory of the requesting State unless the requested State having granted the transfer requests its release.
Article 11
Immunity of witnesses and experts
1° No witness or expert, of any nationality he is, who, following a summons, appears before the judicial authorities of the requesting State may not be prosecuted, detained or subjected to any restriction of his individual liberty on the territory of that State for acts or convictions prior to his departure from the territory of the requested State.
2° No person of any nationality referred to before the judicial authorities of the requesting State in order to answer any facts for which it is prosecuted, may not be prosecuted, detained, or subjected to any other restriction of his personal liberty for acts or convictions prior to his departure from the territory of the requested State and not subject to the summons.
3° The immunity provided for in this article shall cease when the witness, expert or person prosecuted, having had the opportunity to leave the territory of the requesting State for thirty consecutive days, after his presence was no longer required by the judicial authorities, nevertheless remained or returned after he had left.
Article 12
Disclosure of extracts from the criminal record
1° Information from the criminal record, requested in a criminal case, will be communicated to the same extent as if requested by a judicial authority of the requested State.
2° Requests from a civil court or administrative authority will be motivated. This will be followed up to the extent of the domestic legal or regulatory provisions of the requested State.
Article 13
Form of mutual legal assistance request
1° The request for assistance should contain the following indications:
(a) The authority to which the request arises;
(b) The object and reason for the application;
(c) To the extent possible, the identity and nationality of the person in question;
(d) the name and address of the recipient if applicable;
(e) Where applicable, any other information possessed by the requesting authority relating to the request for assistance.
2° In addition, requests for Letters of Request under Articles 4 and 6 will include a summary of the facts, the counts of indictment and the applicable legislation.
Article 14
Procedure
1° The Letters of Request under Articles 4 and 6 of this Convention shall be transmitted through diplomatic channels. Requests for notification of judicial acts and extracts of the criminal record will be transmitted directly between the Ministries of Justice of the two countries.
2° In the event of an emergency, the Letters of Request may be sent directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party. These Letters of Request and the documents relating to their execution shall be returned, in all cases, according to the way provided for in the preceding paragraph.
3° Communications for simple information may be exchanged directly between the judicial authorities or the criminal police authorities.
Article 15
Denunciation of facts for prosecution
1° Any denunciation of facts for prosecution shall be transmitted by the means provided for in Article 14 of this Convention.
2° As soon as it has established the jurisdiction of its courts, the requested State will inform the requesting State of the possibilities existing for the injured parties to form a civil party and of the remedies available.
3° The requested State must notify the requesting State of the action reserved for denunciation.
Article 16
Exchange of notice of conviction and court decisions
Each Contracting Party shall give the interested Party notice of criminal convictions and other security measures concerning the nationals of that Party and registered in the criminal record; Departments of Justice will provide such notices at least once a year. Upon express request, it will be sent a copy of the decision.
Article 17
Languages
1° The request for mutual legal assistance and any annexed document will be written in the language of the requesting Party and accompanied by a translation in the French language.
2° Any translation that accompanies a request for mutual assistance shall be certified in accordance with the law of the requesting Party.
Article 18
Exemption from legalization
Pursuant to this Convention, the documents and translations written or certified by the courts or other competent authorities of one of the Parties shall not be subject to any form of legalization, provided with the official stamp.
Article 19
Settlement of disputes
Any dispute arising from the interpretation or application of this Convention shall be resolved by diplomatic means.
It is established a joint advisory commission, composed of representatives of the Ministries of Foreign Affairs and Justice, which will meet periodically at the request of either State, in order to facilitate the resolution of problems arising from the application of this Convention.
Rule 20
Free of mutual legal assistance
Without prejudice to the provisions of Article 9, the Parties shall waive the reimbursement of costs incurred by mutual legal assistance, except for the costs of expertise; these costs will be refunded on the production of supporting documents.
Article 21
Exchange of information on national legislation
1° The Contracting Parties undertake to exchange information on their respective criminal legislation, as well as on the areas of criminal proceedings and the judicial organization.
For this purpose, and as a body responsible for receiving requests for information from its judicial authorities and transmitting them to the competent receiving bodies of the other Party, Belgium designates the Ministry of Justice.
Morocco designates the Ministry of Justice.
2° The requested State may refuse to respond to a request for information when its interests are affected by a dispute or when it considers that the answer may affect its sovereignty or security.
3° The request for information and its annexes will be written in the French language, the answer will be in the same language.
Final provisions
Article 22
This Convention repeals the extradition and mutual legal assistance agreement in criminal matters between the Kingdom of Belgium and the Kingdom of Morocco, as well as the additional protocol, signed in Rabat on 27 February 1959, to the extent that they relate to mutual legal assistance in criminal matters.
Article 23
Each Contracting Party shall notify the other Party of the fulfilment of the procedures required by its constitution for the entry into force of this Convention. This will take effect on the first day of the second month following the date of the last notification.
This Agreement shall be concluded for an unlimited period of time. Each of the two Parties may denounce it through a diplomatic written notification to the other Party. The denunciation will take effect 6 months after the date of its consignment.
In faith, the representatives of the two States authorized for this purpose have signed this Convention and have put it on their seal.
Done in Brussels on 7 July 1997 in duplicate, in French, Dutch and Arabic, the three texts being equally authentic.
For the Kingdom of Belgium:
S. DE CLERCK,
Minister of Justice.
For the Kingdom of Morocco:
A. AMALOU,
Minister of Justice.
____
Note
DECLARATION OF THE BELGIUM TRAVEL
"The Kingdom of Belgium may refuse a request for assistance if this request relates to an offence punishable by the death penalty in the Kingdom of Morocco and if it does not give sufficient guarantees that the death penalty will not be imposed, that it will not be executed. »