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Law On Consent To The Agreement Between The Government Of The Kingdom Of Belgium And The Government Of The Republic Of Poland Relating To The Fight Against Transnational Organized Crime, Signed At Brussels On 13 November 2000 (1) (2)

Original Language Title: Loi portant assentiment à la Convention entre le Gouvernement du Royaume de Belgique et le Gouvernement de la République de Pologne relative à la lutte contre la criminalité organisée, signée à Bruxelles le 13 novembre 2000 (1) (2)

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13 MAI 2003. - An Act to approve the Convention between the Government of the Kingdom of Belgium and the Government of the Republic of Poland on combating organized crime, signed in Brussels on 13 November 2000 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention between the Government of the Kingdom of Belgium and the Government of the Republic of Poland on the fight against organized crime, signed in Brussels on 13 November 2000, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 May 2003.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of the Interior,
A. DUQUESNE
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2002-2003.
Senate.
Documents.
Bill tabled on 21 February 2003, No. 2-1466/1.
Report on behalf of Commission No. 2-1466/2.
Annales parliamentarians.
Discussion, meeting of 20 March 2003.
Voting, meeting of 20 March 2003.
Session 2002-2003.
Room.
Documents.
Project transmitted by the Senate, No. 50-2396/1.
Text adopted in plenary and subject to Royal Assent, No. 50-2396/2.
Annales parliamentarians.
Discussion, meeting of 3 April 2003.
Voting, meeting of 3 April 2003.
(2) This Convention will enter into force on 1er January 2004.

CONVENTION AGAINST THE GOVERNMENT OF THE BELGIUM ROYAL AND GOVERNMENT OF THE REPUBLIC OF POLAND RELATING TO THE ORGANIZED CRIMINALITY
The Government of the Kingdom of Belgium
and
The Government of the Republic of Poland
the Contracting Parties,
Based on the desire to develop their relations of friendship and collaboration among States, and in particular the common desire to strengthen their police cooperation;
Concerned about the spread of organized crime;
Based on the desire to strengthen this cooperation within the framework of the international commitments undertaken by the two Contracting Parties in respect of fundamental rights and freedoms, including the European Convention on Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, as well as in the protection of persons in the processing of personal data;
Considering that crime poses a serious threat to the socio-economic development of the Contracting Parties, and that recent developments in crime, including money laundering, jeopardize their institutional functioning;
Considering that the fight against trafficking in human beings and against sexual exploitation of children, including article 34 of the United Nations Convention on the Rights of the Child of 20 November 1989, including the production, sale, distribution or other forms of trafficking in child pornography, is a concern of the Contracting Parties;
Considering that the suppression of illegal entry and exits of the territory of States and illegal migration, as well as the elimination of organized channels participating in the organization of these illegal acts, constitutes a major objective pursued by the Contracting Parties;
Considering that the illegal production and trade of narcotic drugs and psychotropic substances, as defined by the Single Convention on Narcotic Drugs, held in New York on 30 March 1961, the Convention on Psychotropic Substances of 21 February 1971 and the United Nations Convention signed in Vienna on 20 December 1988 on the illicit trafficking of narcotic drugs and psychotropic substances, constitute a danger to the health and security of citizens;
Considering that crime related to nuclear and radioactive materials as defined in Article 7, § 1erthe Convention on the Physical Protection of Nuclear Material, signed in Vienna and New York on 3 March 1980, is also a danger to the health and safety of citizens;
Considering that the fight against terrorism-related crime within the meaning of the European Convention on Terrorism signed in Strasbourg on 27 January 1977 is a necessity for the defence of democratic values and institutions;
Considering that the only harmonization of legislation is not sufficient to effectively combat crime and the phenomenon of clandestine migration;
Considering that bilateral cooperation, including through the exchange and processing of information, is essential to combat and prevent such criminal activities;
Considering that carrying out these tasks requires a series of appropriate measures and close cooperation between the Contracting Parties;
Based on the principle of reciprocity and subject to compliance with international law and domestic law of the Contracting Parties;
Determined to conclude this Convention:
Article 1er
1. The Contracting Parties undertake to ensure cooperation in the field of the prevention, prosecution and punishment of organized crime and in the prevention of threats to public order and security, including in the areas of:
1) identification of persons who have committed offences;
(2) the search for persons suspected of committing offences;
3) search for objects from offences.
2. The cooperation referred to in paragraph 1 includes, inter alia, the prevention, prosecution and punishment of the following offences:
(1) offences against the life and health of persons, including serious bodily injury;
(2) deprivation of liberty, taking hostages or sequestration;
(3) Offences related to the illegal production and trafficking of narcotic drugs, psychotropic substances and precursors;
(4) Proxiety, trafficking in human beings and sexual exploitation of minors, and, in particular, production for the distribution and distribution of pornographic material involving minors;
(5) The smuggling and trafficking of persons;
6) blackmail, including the extortion of protection money;
(7) the illegal production and theft of nuclear material, radioactive substances or other dangerous substances, their illegal marketing and the misuse or threat of misuse of such materials;
(8) theft and illicit trafficking of arms, ammunition and explosives and their illegal production;
(9) the counterfeiting or processing of means of payment and securities, their use or circulation;
10) the counterfeiting or processing of official documents, their use or circulation;
11) illegal economic activity;
12) the laundering of the proceeds of the offence;
(13) corruption;
14) theft and the trafficking of works of art, historical objects and other cultural property and their illegal trade;
(15) theft, traffic in motor vehicles and their illegal trade;
16) common law offences related to terrorist activity.
Article 2
The Contracting Parties undertake to cooperate also in the field of:
1) the search for persons who are subtracted to carry out the penalty imposed on them for committing offences;
(2) the search for missing persons, the identification of persons whose identity is not defined and the verification of the identity of persons whose identity is doubtful and the identification of unknown remains.
Article 3
1. The Contracting Parties will provide assistance and close and ongoing cooperation. They will, inter alia, exchange all relevant and important information.
2. Cooperation may take the form of permanent contact through liaison officers to be designated by each Contracting Party for this purpose.
Article 4
In order to achieve the cooperation referred to in articles 1er to 3, Contracting Parties:
1) will exchange:
(a) information and material relating to:
- persons involved in the offences set out in Article 1er;
- the structure, modus operandi and the result of the criminal analysis of criminal organizations;
- results of actions or procedures undertaken;
- results obtained in research and forensic expertise;
- the provisions of criminal law that are the subject of offences;
(b) comparative samples used in forensic expertise;
(c) models of documents authorizing the border crossing, the marks of the seals that are affixed to these documents and the visa categories and their symbols;
(2) shall undertake, without undue delay, appropriate, concerted and coordinated police actions, provided that the national law of the requested Contracting Party does not reserve such actions or their execution to the judicial authorities and that such actions or executions do not involve the application of coercive measures by the requested Contracting Party;
(3) shall assist in the preparation of requests for mutual legal assistance in accordance with the relevant international legal instruments.
Article 5
1. In the field of scientific cooperation and technical assistance, Contracting Parties shall exchange:
1) experiences and information, in particular with regard to methods of combating organized crime and new forms of criminal activity;
(2) results of scientific research in forensics, criminology and legal sciences related to the fight against organized crime;
3) information on objects related to offences;
(4) experts to ensure professional development, particularly in the field of forensic techniques and methods of combating crime, professional publications and other publications related to the purpose of this Convention.
2. Within the limits defined in paragraph 1, Contracting Parties shall make available technical equipment for combating crime to the bodies responsible for the cooperation referred to in this Convention.
3. The technical equipment made available by one of the Contracting Parties to the other Contracting Party may be made available to third parties only with the prior agreement of the Contracting Party transmitting.
4. The modalities of technical assistance and professional development will be determined by arrangements between the competent authorities of the Contracting Parties.
Article 6
In special cases, each Contracting Party may, without invitation, provide the other Contracting Party with information that may be important to the Contracting Party for the purpose of assisting in the prevention and suppression of offences as referred to in Article 1er of this Convention or for the purpose of preventing threats to public safety and order.
Article 7
All information provided by the Requested Contracting Party may be used by the Requesting Contracting Party as evidence in court only following a request for mutual legal assistance in criminal matters in accordance with the applicable international legal instruments in this matter.
Article 8
1. All contacts aimed at the implementation of this Convention shall be made directly between the relevant central bodies of the Contracting Parties. Requests for assistance and responses to these requests and any other information will be communicated in writing.
These bodies are:
- For the Republic of Poland:
(a) the Minister of Internal Affairs;
(b) the Head of the State Protection Office;
(c) the Chief Police Officer;
(d) the Commander in Chief of Border Guard;
- For the Kingdom of Belgium:
the International Police Cooperation Division of the General Service of Police Assistance.
2. Where the passage by formal procedure to the central bodies referred to in paragraph 1 may compromise actions to prevent and punish offences, the competent services of the requesting Contracting Party may, on an exceptional basis and in an emergency only, address directly to the relevant services of the required Contracting Party. These services can respond directly to them.
3. In exceptional cases referred to in paragraph two, the competent requesting department shall promptly notify its own competent central authority of its direct request and motivate its urgency.
4. The exchange of information referred to in paragraph two may take place verbally provided that it is confirmed in writing as soon as possible.
5. The Contracting Parties shall, by diplomatic means, inform themselves of changes in the competence or designation of the central bodies listed in paragraph 1.
6. Without prejudice to the competence of the joint commission established by article 11 of this Convention, the bodies and services that perform a task or perform a function referred to in this Convention may conclude, in their areas of competence and in accordance with their national law, arrangements implementing this Convention and to specify the modalities of cooperation.
Article 9
1. In the exchange of information between Contracting Parties, each Contracting Party shall guarantee the same degree of confidentiality as the other Contracting Party has assigned to the information transmitted. The Contracting Parties shall mutually reinforce the confidentiality levels applicable to the national plan and the measures taken to ensure compliance.
2. In the case of disclosure or risk of disclosure of classified information transmitted by one of the Contracting Parties, the other Contracting Party shall immediately inform the Contracting Party of this fact, its circumstances and consequences, and the actions undertaken to avoid the occurrence of such cases in the future.
3. Without prejudice to the provisions of Article 15, any classified information transmitted to one of the Contracting Parties pursuant to this Convention shall be made available to third parties by the Contracting Party to whom only after the consent of the competent authorities of the Contracting Party that transmitted it.
Article 10
1. Contracting Parties may detach, for a specified or indeterminate duration, liaison officers from a Contracting Party to the other Contracting Party.
2. The purpose of the liaison officer detachment is to promote and accelerate cooperation between Contracting Parties, including by facilitating assistance:
1) in the exchange of information on the prevention and suppression of crime;
(2) in the execution of requests for mutual assistance in criminal matters, in accordance with the relevant international legal instruments;
(3) in the organization and technical preparation of the actions of the competent bodies in the areas covered by this Convention.
3. Liaison officers have an advisory and assistance mission. They are not competent for the autonomous execution of police measures. They provide information and carry out their missions in accordance with the instructions given to them by the Contracting Party of origin and by the Contracting Party to which they are detached. They regularly report to the relevant central bodies of the Contracting Party to which they are seconded.
4. Contracting Parties may agree that liaison officers of a Contracting Party seconded to third States shall also represent the interests of the other Contracting Party.
Article 11
1. The Contracting Parties shall establish a joint commission composed of representatives of the Contracting Parties. The Contracting Parties shall inform each other of the composition of the joint commission.
2. The Joint Commission is responsible for facilitating and assessing the cooperation governed by this Convention. The meeting will be held at the request of one of the two Parties. The meetings will take place alternately in Belgium and Poland.
3. The Joint Commission may establish, where necessary, specialized, permanent or occasional working groups.
Article 12
1. The joint commission established by Article 11 will facilitate the resolution of problems arising from the interpretation or application of this Convention.
2. Any dispute unresolved by the Joint Commission will be resolved through diplomatic channels.
Article 13
Unless otherwise agreed between the Contracting Parties, each Contracting Party shall cover the costs of its actions under this Convention.
Article 14
Requests and exchanges of information shall be sent to the other Contracting Party in one of the official languages of the Contracting Parties, accompanied as appropriate, at the request of a translation into a working language determined jointly by the Contracting Parties.
2. Requests and exchanges of information may also be addressed in one of the working languages of the international criminal police organization.
Article 15
1. The processing of personal data, linked to the application of this Convention, is subject to the respective national law of the Contracting Parties.
2. With regard to the processing of personal data pursuant to this Convention, the Contracting Parties undertake to achieve a level of protection of personal data that complies with the provisions of the Council of Europe Convention of 28 January 1981 for the protection of persons with respect to the automated processing of personal data and Recommendation R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe to regulate the personal data.
3. When processing personal data transmitted under this Convention, Contracting Parties shall adhere to the following rules:
(1) data may only be used by the recipient Contracting Party for the purposes for which this Convention provides for the transmission of such data and in accordance with the conditions imposed by the Contracting Party transmitting the data;
(2) data may be used only by judicial authorities, bodies and services that perform a task or perform a function for the purposes referred to in this Convention; the provision of such data to other authorities may only be made after prior authorization from the Contracting Party providing them;
(3) the Contracting Party which transmits the data shall ensure that the data is accurate and complete. It is also required to ensure that these data are not retained longer than necessary. If it finds either on its own initiative or on the basis of a request from the data subject, that incorrect data or that should not have been transmitted have been provided, the recipient Contracting Party shall be informed without delay; the data must be corrected or destroyed;
(4) a Contracting Party may not invoke the fact that the other Contracting Party has transmitted incorrect data to discharge its responsibility under its national law with respect to an injured person. If the recipient Contracting Party is required to be repaired because of the use of erroneous data transmitted, the Contracting Party that has forwarded the data shall pay in full the amounts paid in compensation by the Contracting Party;
(5) The transmission and receipt of personal data shall be recorded;
(6) Access to data is governed by the national law of the Contracting Party to which the data subject submits its application. The Contracting Party that is not at the origin of the data may only provide information regarding this data after the prior agreement of the Contracting Party that originates the data;
(7) upon request, the Contracting Party shall inform the Contracting Party which shall transmit the data of its use and the results obtained on the basis of the data transmitted.
4. Each Contracting Party shall designate a supervisory authority, in accordance with national law, to exercise independent control over the processing of personal data carried out on the basis of this Convention and to verify whether such treatments are not in violation of the rights of the person concerned. These supervisory authorities are also competent to analyse the difficulties in the application or interpretation of this Convention relating to the processing of personal data. Such supervisory authorities may agree to cooperate in the missions recognized by this Convention.
5. If personal data is transmitted through a liaison officer referred to in section 10, the provisions of this section are also applicable.
Article 16
1. Each Contracting Party shall refuse its assistance for offences that it considers to be political or military or where such assistance is contrary to the national law of that Contracting Party.
2. Each Contracting Party may refuse its assistance in whole or in part or subject it to conditions for offences related to offences that it considers to be political or military or where the fulfilment of the assistance could threaten its sovereignty, security, public order or other essential interests of the State.
Article 17
Monitoring of the implementation of this Convention shall be carried out in accordance with the national law of each Contracting Party.
Article 18
1. The present Convention shall be adopted in accordance with the law of the Contracting Parties. This adoption will be the subject of a diplomatic exchange of notes. The Convention enters into force on the first day of the third month following the date of receipt of the last note.
2. This Convention shall be concluded for an unlimited period of time. Any Contracting Party may denounce the Convention by diplomatic notification to the other Contracting Party. In such cases, the Convention shall cease its effects 6 months after the date of such notification.
In faith, the undersigned, duly authorized to do so, have affixed their signatures to the bottom of this Convention.
Done in Brussels on 13 November 2000, in two original copies, in each of the Polish, French and Dutch languages, the three texts being equally authentic.