The Saeima has adopted and the President promulgated the following laws: the cooperation agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the fight against fraud and any other illegal activity to the detriment of their financial interests, article 1. 2004 26 October in Luxembourg signed the cooperation agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the fight against fraud and any other illegal activity to the detriment of their financial interests (hereinafter the agreement) with this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the agreement to coordinate the Ministry of finance. 3. article. The agreement shall enter into force on its article 44, and the time limit laid down in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. To put the agreement by law Latvian language. The law adopted by the Parliament in December 2005 on April 14. State v. President Vaira Vīķe-Freiberga in Riga 5 May 2005, the cooperation agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the fight against fraud and any other illegal activity to the detriment of their financial interests of the European communities, the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic The Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Swiss Confederation, of the other part, hereinafter referred to as "the Contracting Parties", considering the close relations between the European Community and its Member States, of the one part, and the Swiss Confederation on the other hand, desiring to fight effectively against fraud and any other illegal activity to the detriment of the parties ' financial interests, taking into account the need to improve the administrative assistance in these areas, the belief that there should be mutual legal cooperation, including search and seizure, including in all cases related to smuggling and evasion of indirect taxes, especially with regard to value added tax, customs and excise duties Recognizing the importance of the fight against money laundering, have agreed to conclude the following agreement.
Title I General provisions article 1 subject matter the purpose of this agreement is to extend administrative assistance and legal assistance in criminal matters between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to counter referred to in article 2 illegal activities. Article 2 scope of application 1. this agreement is applicable in the following areas: (a) any other) fraud and illegal activity affecting the financial interests of the Contracting Parties, of the prevention, detection, investigation, prosecution and punishment of administrative or criminal law in relation to:-transactions in goods, in violation of the law on Customs and agricultural matters; — transactions in violation of the law in the financial sector in respect of value added tax, special taxes on consumption and excise duties; — the seizure of funds or embezzlement — including the use of these funds for other purposes than originally intended, granted from the budget of the Contracting Parties or budgets managed by them or the accounts as subsidies or compensation; — The Contracting Parties to the agreement are concluded; (b)) the outstanding amount or the amount misappropriated from a) in any illegal activity, arrests or drive. 2. the cooperation provided for in title II of the agreement (administrative assistance) and section III (mutual legal assistance), may not be refused on the sole ground that the request concerns an offence which the requested Party shall be classified as a criminal offence, or that it does not accept such payments or expenses, or that legislation does not contain provisions for such infringement or it will not qualify as the requesting contracting party. 3. The activities covered by this agreement, money laundering within its area of application, provided that the activities that are contained in the offence are in accordance with the two Contracting Parties the law punishable with imprisonment, with a maximum duration of more than six months. 4. This agreement shall not apply to direct taxes. 3. Article less important cases 1. the authority of the requested Contracting Party may refuse a request if possible outstanding or unpaid tax amount does not exceed eur 25 000 or of exported or imported goods, the estimated value does not exceed 100 000 euro, except in the circumstances of the case or suspected persons due to the requesting contracting party the case is considered particularly important. 2. The authority of the requested Contracting Party shall immediately inform the authority of the requesting Contracting Party of the grounds for refusal of the request for assistance. Article 4 public policy cooperation may be refused if the requested Party considers that execution of the threat to its sovereignty, security, ordre public or other essential interests. Article 5 Exchange of information and evidence 1. information and evidence and received in accordance with this agreement, regardless of the form, covered by the obligation of professional secrecy and protected in the same way as similar information under both the law of the Contracting Party in which it is received, and in accordance with the relevant provisions applying to the Community authorities. Information and evidence may refer only to those persons who, acting in the community, the Member States or the Swiss authorities, the information and evidence should be known in connection with the exercise of functions, and they are to be used only as provided for in this agreement. 2. the information and evidence which the applicant contracting party acquired under this agreement may be sent to any other Contracting Party if that Contracting Party is investigating the case, the subject of cooperation, or if there is concrete evidence that this Contracting Party could actually investigate such things. This transmission can take place only for the purposes provided for in this agreement. 3. under this agreement, the information or the transmission of evidence to the other Contracting Party or several parties to take on their original notification to the original, the requested Contracting Party. 4. Any party that has information or evidence, in accordance with paragraph 2 shall comply with the use restrictions that the initial dispatch, in the context of the requested contracting party determined by the requesting contracting party. 5. The information and evidence that a Contracting Party has acquired in accordance with this agreement, provide to a third country, requires the authorization of the contracting party who originally furnished the information and evidence. Article 6 confidentiality the requesting Contracting Party may ask the requested Contracting Party shall ensure that the application and its contents are confidential, except when it is incompatible with the execution of the request. If the requested Contracting Party cannot comply with the confidentiality requirements, they inform about it the authority of the requesting contracting party.
Section II administrative assistance chapter 1 General provisions article 7 relation to other agreements this section does not affect the provisions on mutual assistance in criminal matters, not the wider responsibilities in the field of administrative assistance, nor the application of a more favourable provisions in bilateral or multilateral cooperation agreements between the Contracting Parties, in particular the 9 June 1997 additional protocol on mutual administrative assistance in customs matters. 8. article content 1. Contracting Parties shall provide mutual assistance in combating illegal referred to in this agreement, in particular by the prevention or detection of operations or other acts and omissions which contravene the relevant laws, and to investigate the related things. 2. the aid provided for in this section shall apply to all Contracting Parties to the competent administrative authorities, which shall carry out investigations under administrative or criminal prosecution powers, including when these authorities the operations carried out at the request of the judicial authorities. If criminal investigations are conducted judicial authority or body under its jurisdiction, the authority determined that the mutual assistance or collaboration requests submitted pursuant to the provisions applicable to mutual assistance in criminal matters, or this section. Article 9 competence of the Contracting Parties 1. authorities of the provisions of this title shall apply in accordance with the competence assigned to them in accordance with national law. None of the provisions of this title are not interpreted so that it amend the competence granted to the authorities of the Contracting Parties in accordance with national law. These institutions are acting as though they run in their interests or by Contracting Parties of this same request of another authority. To fulfill your requests, they use all legal powers assigned to them under national law. 2. requests submitted to the authorities than the competent authorities shall immediately send to the competent authority. 10. Article proportionality the authority of the requested Contracting Party may refuse a request for assistance, if it clearly establishes that: (a) the number of requests), which the requesting contracting party submitted within the period specified, the requested Contracting Party shall create disproportionate administrative burden; (b)) the request of the requesting contracting party, the authority has not fully exercised on their sources of information which it could have used in the circumstances to obtain the information requested, without running the risk of jeopardising the achievement of the desired end. Article 11 headquarters 1. Each Contracting Party shall designate one or more competent central services, which under this section shall examine requests for administrative assistance. Request for assistance in the implementation of this unit turns off any competent administrative authorities. 2. the Central authorities among themselves communicate directly. 3. Central services, in particular urgent cases does not preclude direct cooperation between the Contracting Parties, other authorities, which are competent for the application of this agreement. Central departments informed of any actions associated with such direct cooperation. 4. providing article 44 the notification provided for in paragraph 2, the Contracting Parties shall communicate to the authorities which considered central services within the meaning of this article. Chapter 2 in accordance with the request for ASSISTANCE article 12 1. Request for information at the request of the authority of the requesting contracting party, the authority of the requested Contracting Party, within the scope of application of this agreement, transmit any information they or other authorities of the Contracting Party in which the action could prevent, investigate and punish illegal activities or to provide the necessary information for the recovery of debts. The requested Contracting Party for obtaining this information shall take all necessary administrative apsākum. 2. the information to be completed by the requested Contracting Party existing reports and other documents or the report and certified copies of documents or statements in support of this information and is prepared or obtained to comply with a request for information. 3. the authority of the requesting contracting party and of the requested Contracting Party Agreement, and subject to the requested Contracting Party detailed instructions, developed by the authority of the requesting contracting party's authorized representatives can the authorities of the requested Contracting Party on the premises of the access to information and the information in paragraph 1 means that it is the latter Contracting Party and which concern the illegal activities that are within the scope of application of this agreement. These employees are entitled to obtain a copy of such documents. Article 13 requests to conduct surveillance at the request of the authority of the requesting contracting party, the authority of the requested Contracting Party, as far as possible, observe that trade in goods is carried out in breach of the provisions referred to in article 2. This observation can be made for persons, if there are serious grounds for suspecting that they have participated or participate in illegal activities or making preparations for the purpose of making such transactions, as well as to places, vehicles and goods, which have relationships with the following. Article 14 notification and transmission by post 1. At the request of the authority of the requesting contracting party, the authority of the requested Contracting Party in accordance with its national law, inform the recipient or ensure that it is informed of any legislation or decisions issued by the requesting competent authority of the Contracting Party, and which are within the scope of application of this agreement. 2. Requests for notification, mentioning the subject of the Act or decision to be communicated, shall be accompanied by a translation in the official language of a Contracting Party or in a language accepted by that Contracting Party. 3. the Contracting Parties may directly send by post to the acts, the non requests for information and documents to persons covered by article 2, paragraph 1 (a)) the third and fourth indent and who are residents of another Contracting Party. These people can respond to notifications, as well as to submit relevant documents and information in a form that provides for the rules and measures on the basis of which are assigned to the relevant funds. Article 15 requests to investigate 1. At the request of the requesting Contracting Party of the requested Contracting Party shall take, or ensure that the necessary inquiries are carried out in respect of transactions or activities under this agreement unlawful activity or which the requesting contracting party creates reasonable suspicion that illegal activity took place. 2. the requested Contracting Party shall enjoy all of the features available to the investigation in accordance with its legal system, under the same conditions, as though it were acting on its own account or at the request of another authority in its own, including the involvement of judicial authorities or, where appropriate, receive a permit. This provision is without prejudice to the possibility of cooperation with economic operators, as provided for in article 17. The authority of the requested Contracting Party request, the authority of the requesting Contracting Party shall send the results of such investigations. Article 12 of this agreement, paragraph 2 shall apply mutatis mutandis. 3. The authority of the requested Contracting Party providing assistance without additional request in this regard extends its activities to all circumstances, objects, and persons who have an obvious connection with the subject matter of the request for assistance. In case of doubt, the authority of the requested Contracting Party must first contact the authority of the requesting contracting party. Article 16 of the requesting contracting party authorized personnel participation 1. authority of the requesting contracting party and of the requested Contracting Parties to the agreement, the authority of the requesting contracting party authorized employees may participate in the investigation referred to in the preceding article. Their presence shall not require the person or economic operator agreement in respect of which the investigation. 2. The requested contracting party organization provides the progress of the investigation. The authority of the requesting contracting party's employees can not, on its own initiative to implement the requested Contracting Parties authorities powers awarded to employees. But with the requested contracting party agents and only for the purposes of this investigation, they have access to the same premises and documents, with access to the requested Contracting Party for employees. 3. the authorisation may be granted, provided the conditions. 4. The request of the requesting contracting party, the authority of the information provided can be used as evidence only when permission has been received performance-related elements of the shipment. Article 17 obligation of cooperation between economic operators are obliged to cooperate in the execution of the request for administrative assistance in providing access to their premises, vehicles and documents, as well as providing all the relevant information. Article 18 the help request form and content 1. Requests for assistance shall be made in writing. They shall be accompanied by the documents necessary for the execution of such requests. In urgent cases verbal requests are also acceptable, but they should be approved as soon as possible in writing. 2. the request shall be accompanied by the following information: (a) the exhibition of the applicant); (b)) the necessary measures; (c) the purpose of the request and reason); (d)) applicable laws and regulations and other legal elements; e) exact and comprehensive as possible details of natural and legal persons who are subject to such investigation; f) a summary of the relevant facts and of the enquiries already carried out, except in the cases referred to in article 14. 3. prepare the requested Contracting Party, the official language or in a language acceptable to that Contracting Party. 4. If the request is incorrect or incomplete, you can edit or add to it. Meanwhile, you can start to implement a request for the execution of the necessary measures. Article 19 use 1. information obtained shall be used only for the purposes provided for in this agreement. If the Contracting Parties requests the use of such information for other purposes, it shall ask the Authority's prior written permission. The following information pertains to the use of the latter authority restrictions. 2. paragraph 1 of this article shall not preclude the use of information in the proposed criminal or administrative proceedings instituted in connection with the request for administrative assistance referred to in the legislation, if in the context of those proceedings might be available in the same means of assistance. For such use shall immediately inform the competent authority of the Contracting Party which provided the information. 3. In accordance with this agreement and information documents the Contracting Parties may use the verbālproceso as evidence, reports and testimonies and in proceedings. Chapter 3 assistance without request, article 20 assistance without request, the previous chapter 1 the cooperation can be implemented without the other Contracting Parties of the prior request. 2. the Contracting Parties shall forward to the authority the information may, in accordance with their national law to nominate the other Contracting Party the conditions for the use of this information. 3. These conditions are binding on all the authorities of the Contracting Parties. Chapter 4 SPECIFIC forms of cooperation article 21 joint operations 1. If the import, export and transit case, trading volume and the related risk to taxes and subsidies can lead to significant losses for the budgets of the Contracting Parties, they may agree to conduct joint cross-border operations to prevent and deter illegal activities covered by this agreement. 2. cross-border coordination of operations and planning is a central service or body the competence assigned to it. Article 22 joint special investigation teams 1. several authorities of the Contracting Parties may, by mutual agreement, to set up a joint special investigation unit to the base of any of the Contracting Parties. 2. the investigation unit investigates the complex things that are significant to be reconciled, and coordinate joint actions. 3. participation in such a unit does not entitle the Contracting Parties authorities investigating powers in the territory of another Contracting Party, in which case investigation. Article 23 cooperation coordinators 1. The competent authorities of the contracting parties can agree to send for a specified or unspecified period, of liaison officers from one Contracting Party to the competent authorities of the other Contracting Party, the competent authority for the purpose of mutual support in the implementation of administrative assistance. 2. Liaison officers shall have the task of providing advice and assistance. They are not empowered to act independently of the host Contracting Party. With the competent authorities of the Contracting Parties to the agreement or upon request they can: a) to promote and accelerate the exchange of information; (b)) to provide assistance in investigations; (c) the request for assistance) to participate in proceedings; (d)) to provide advice and assist the host Party in the preparation and cross-border activities; e) to take all the other obligations for which the Contracting Parties may mutually agree. 3. The competent authority of the Contracting Party mutually agreed on a specific procedure for implementing these obligations. 4. Liaison officers can represent one or more of the interests of the Contracting Parties. section 5 recovery article 24 recovery 1. At the request of the requesting Contracting Party of the requested Contracting Party shall take the debt covered by the application of this agreement, the recovery in the same way as the debt is recovered in the requested Contracting Party. 2. Debt collection adds the request of the requesting contracting party issued an official document or a certified copy thereof, which allow the execution of recovery and, where necessary, other documents necessary for recovery or their certified copies. 3. to guarantee the debt, the requested Party shall take precautionary measures. 4. The authority of the requested Contracting Party shall transfer the authority of the requesting contracting party the amount of the debt, for which it is recovered. In agreement with the authority of the requesting contracting party, it may withhold a percentage corresponding to the administrative costs incurred. 5. Without prejudice to paragraph 1, to the recovered debts is not always attributable benefits that apply to similar claims arising in the requested Contracting Party.
Title III mutual LEGAL assistance article 25 relationship to other agreements 1. This section aims to complement the 20 April 1959 European Convention on mutual legal assistance in criminal matters, as well as 8 November 1990, the Convention on money laundering, search, seizure and confiscation, and simplifying the application between the Contracting Parties. 2. It does not affect more favourable provisions in bilateral and multilateral agreements between the Contracting Parties. Article 26 procedures applicable mutual assistance 1. mutual legal assistance shall: (a)) in connection with the offences for which, in accordance with one or both of the Contracting Parties ' legislation penalties the administrative authorities whose decisions may be based on, to appeal a court having jurisdiction in particular in criminal matters; (b)) in civil actions joined to criminal proceedings, while criminal proceedings concerned Criminal Court still has not taken a final decision; (c)) for cases where the offences or irregularities can be called to account the request of the requesting contracting party legal person. 2. legal aid Also provides investigation and litigation requirements that focus on these abuses and the tool used for seizure and confiscation of funds. Article 27 transmission of requests 1. Requests under this section, the request of the requesting Contracting Party shall submit to the competent authority either by the requested Contracting Party through the central authority concerned, or directly to the Contracting Party, the authority which is competent to execute the request of the requesting contracting party. The authority of the requesting contracting party and, where applicable, the authority of the requested Contracting Party shall forward a copy of the request for information to its own central authority. 2. Any document relating to the request or its execution, can be sent in the same way. It at least sends a copy directly to the authority of the requesting contracting party. 3. If the authority of the Contracting Party receiving the request, not competent to give legal aid, it shall immediately forward the request to the competent authority. 4. incomplete or incorrectly drawn up requests to adopt if they contain key elements necessary for their implementation, given that the authority of the requesting contracting party to submit later. The authority of the requested Contracting Party of these disadvantages shall notify the authority of the requesting contracting party and gives it time to request. The authority of the requested Contracting Party shall forward the request of the requesting contracting party and any other instructions that enable it to complement its request or extend it to other measures. 5. the Contracting Parties, giving the article 44 paragraph 2 of the statement, indicating which is the central authority for the purposes of this paragraph. 28. Article sent by post 1. Persons who are within the territory of the other Contracting Party, process documents in relation to illegal activities covered by this agreement, the Contracting Parties are usually sent directly by mail. 2. If the Contracting Party which issued the document, it is known or there is reason to believe that the addressee understands only some individual language, the document, or at least the most important parts of a translation into that language. 3. The Contracting Parties, the Office of departure shall inform the recipient that it is in the territory of the other Contracting Party cannot directly apply any coercive means or sanctions. 4. any process of document accompanied by an indication that the recipient can receive information about their rights and obligations in relation to this document from the authorities specified in the consignment. Article 29 transitional measures 1. subject to the laws of the State concerned and its competence, the competent authority of the requested Contracting Party shall, at the request of the authority of the requesting Contracting Party shall take the necessary provisional measures to preserve the existing situation, protecting endangered legal interests or preserve evidence, unless the request for assistance shall not be considered as manifestly inadmissible. 2. Preventive freezing and seizure shall be carried out in relation to the crime they get the tools and means, in respect of which requests assistance. If the funds obtained in part or in full, no longer exists, the same measures in respect to property which is situated in the territory of the requested Contracting Party, and which corresponds to the value of the funds. Article 30 of the requesting contracting party presence 1. The requested Contracting Party at the request of the requesting contracting party, the latter permit the Contracting Parties authorities participate in the request for assistance execution. Their presence shall not require the consent of the persons for which take these measures. Authorisation may be granted, provided the conditions. 2. the requested contracting party agents and only for the execution of the request for assistance needs at persons have access to the same premises and documents, with access to the requested Contracting Party for employees. In particular, such persons may be permitted to propose or ask questions and make suggestions on investigation work. 3. Such presence may not be on the basis that the information disclosed to persons who are not persons who are given permission under the preceding paragraphs, and thus violating the confidentiality of the proceedings or the rights of the person concerned. The request of the requesting contracting party, the authority of the information provided can be used as evidence only when permission has been received performance-related elements of the shipment. Article 31 the search and removal of objects 1. the Contracting Parties shall be considered acceptable only for letters rogatory for search and seizure, which meets the following conditions: (a)), whether the offence submitted letters rogatory, in accordance with the law of both Contracting Parties, are punishable by deprivation of liberty for a period during which the maximum duration shall not exceed six months, or in accordance with the law of one Contracting Party are punishable by a penalty and the like in accordance with the law of the other Contracting Party, the legislation as a violation of the provisions What penalties apply to the national regulatory authorities, which may justify the decision to address the competent court and, in particular, in particular in criminal matters; (b) legal assistance) are compatible with the law of the requested Contracting Party. 2. Letters Rogatory for search and seizure in connection with money laundering, covered by this agreement, shall be admissible provided that the activities in question in accordance with the laws of the Contracting Parties is punishable with imprisonment, with a maximum duration of more than six months. Article 32 information request on banks and financial transactions 1. If the provisions of article 31, the requested Party shall execute the request for assistance for the acquisition and transmission of information on the banking and financial transactions, including: a) identification data and information on bank accounts opened at banks in its territory and in respect of which the holder, managers or trustees are persons for whom the investigation; (b)) the identification of, and all the information about the transactions and banking operations, under which a given period credited or charged to an account or accounts or carried out by certain persons. 2. In so far as it is in respect of similar cases are allowed in accordance with the national rules of criminal procedure, the requested Contracting Party shall determine the time can make observation concerning banking operations, under which a given period credited or debited to the account or accounts, or carried out with certain people, and results are reported to the requesting contracting party. The decision on the banking surveillance and notification of the results of the requested Contracting Party, the competent authorities shall be adopted in each case separately, and must be in accordance with the legislation of that Contracting Party. On the practical side of observation of the applicant agreed and requested by the competent authority of the Contracting Party. 3. In order not to influence the results, each Contracting Party shall take the necessary measures to ensure that financial institutions do not specified period not known the customer nor third parties that at the request of the requesting contracting party, are moves or investigations. 4. The authority of the Contracting Party that made the request: (a)) shall state the reasons on which it considers that the requested information is essential in investigating the breach; (b) specify the reasons) on the basis of which it considers that the requested Contracting Party in the territory of the banks is the appropriate accounts, and — if it is evidence — which might be the bank concerned; c) all the information transmitted could facilitate the execution of the request. 5. a Contracting Party waive banking secrecy as a reason to reject cooperation with the request for assistance made by the other Contracting Party. 33. Article 1 of the control Supply. the competent authority of the requested Contracting Party shall, at the request of the authority of the requesting contracting party undertake to permit controlled deliveries in their territory during a criminal investigation in relation to the offences for which extradition may be applied. 2. the decision to carry out controlled deliveries shall be adopted at the request of the competent authority of the requested Contracting Party shall, in accordance with their national law. 3. Controlled deliveries shall take place in accordance with the law of the requested Contracting Party provided for the procedure. The competent authorities have the power to take action, it management and control. 34. Article passing a confiscation or return needs 1. At the request of the requesting Contracting Party of the withdrawn aizsargpasākumo objects, documents, funds and other values can be passed to give back the seized or the rightful owners. 2. The requested Contracting Party may refuse the transfer to the requesting contracting party so that the funds are linked to fiscal or customs charges. 3. the bona fide third party rights in connection with those objects are not affected. 35. article help acceleration 1. The authority of the requested Contracting Party the execution of letters rogatory, as quickly as possible, taking into account the procedural time limits or other authority of the requesting contracting party's specified time limits. It explains the reasons of such time limit. 2. If the request cannot be executed or may execute only partially according to the request of the requesting contracting party the conditions, the authority of the requested Contracting Party shall immediately inform the authority of the requesting contracting party and indicate the conditions under which the request will be enforceable. Later the two institutions can agree on the further implementation of the request, if necessary, in the light of the above circumstances. If it is expected that the request of the authority of the requesting Contracting Party will not be able to meet its deadline, and if the second sentence of paragraph 1 of the said reasons clearly shows that such a delay is substantially hurt the procedure this authority, then the authority of the requested Contracting Party shall immediately notify the potential demand it's run time. The authority of the requesting Contracting Party shall immediately indicate whether the request remains valid. Later the two institutions can agree on future demand. Article 36 information and means of proof, beyond the arrangements, which were given help, information and means of proof, sent in the course of providing assistance, you can use: a) the request of the requesting contracting party, criminal, against other persons who participated in the offence in respect of which assistance was provided; (b)) If facts obtained in the context of the request, points to another offence in respect of which could also provide assistance; (c) in proceedings in which) the criminal offence or the result of tools of confiscation for which should be provided to legal aid, and legal proceedings for damages and interests in relation to the offences for which legal aid is provided. 37. Article 1 of the transmission without the request, in accordance with their national law and their powers, the Contracting Parties of any judicial authority, without specific request can be sent to the Court of the other Contracting Party, the authority of the information and the means of proof, if it considers that they requested Contracting Party might be helpful to begin or complete the investigation or proceeding or to submit a request for judicial assistance. 2. The authority of the Contracting Party that sends the information and the means of proof may, in accordance with their national law to nominate the other Contracting Party the conditions of proof of this information or for the use of the resources. 3. These conditions are binding on all the authorities of the Contracting Parties. Article 38 procedure in the requested Contracting Party request for assistance shall not affect the right of the requesting Contracting Party may arise as to the civil criminal proceedings commenced in a requested contracting party authority.
Title IV final provisions article 39 the Joint Committee 1. a Joint Committee is hereby established, comprising representatives of the Contracting Parties and which is responsible for the correct application of the agreement. It shall make recommendations and take decisions on the matters covered by this agreement. It shall act by mutual agreement. 2. the Joint Committee shall adopt its rules of procedure, which, together with other the rules also provide for the convening of meetings, the appointment of the President and his powers. 3. The Joint Committee shall meet as required and at least once a year. Each Contracting Party may request the convening of the meeting. 4. the Joint Committee may decide to work or the creation of a group of experts who provide assistance in the performance of its duties. Article 40 settlement of disputes 1. each Contracting Party may submit to the Joint Committee any dispute relating to the interpretation or application of this agreement, in particular where it considers that the other Contracting Party repeatedly refuses to fulfill requests for cooperation addressed to it. 2. The Joint Committee shall endeavour to settle the dispute as soon as possible. The Joint Committee shall transfer all the information that would allow an in-depth study of the situation in order to find an appropriate solution. In this respect, the Joint Committee shall examine all possibilities to continue the smooth functioning of this agreement. 41. Article reciprocity 1. the authority of the requested Contracting Party may refuse the request if the applicant contracting party has repeatedly refused to grant a request for assistance in similar cases. 2. before refusing a request for assistance on the basis of reciprocity, it shall inform the Joint Committee to make a decision on the matter. 42. article review if one of the Contracting Parties wishes to revise this agreement, it shall submit appropriate proposals to the Joint Committee, which shall make recommendations, in particular with regard to the opening of negotiations. 43. Article territorial application this Agreement shall apply to the territory of the Swiss Confederation, on the one hand, and to the territories in which is applicable to the Treaty establishing the European Community, in accordance with the procedure laid down, on the other hand. Article 44 entry into force 1. This agreement is concluded for an indefinite period. 2. the Contracting Parties shall ratify and confirm, subject to its own procedures. It shall enter into force on the first day of the second month after the last instrument of ratification has been submitted or approval. 3. before the date of entry into force of this agreement each Contracting Party making a submission provided for in paragraph 2 or at any time thereafter, declare that it will apply this agreement in its relations with any other Contracting Party which has issued the same statement. These declarations shall take effect ninety days after the date of notification. Article 45 denunciation of the European Community or the Swiss Confederation may denounce this Agreement shall submit its decision to the other Contracting Party. The denunciation shall take effect ten months after having received the notification of denunciation. 46. Article during the application of the provisions of this Agreement shall apply to requests concerning illegal activities committed for at least six months after the signature of this agreement. 47. article extending the agreement to the new Member States of the European Union 1. any State which becomes a member of the European Union may become a Contracting Party to this agreement by written notification to the Contracting Parties. 2. preparation of the Council of the European Union for its new version of the agreement in the official language of the Member State which accedes to the agreement shall be authenticated by the exchange of letters between the European Community and the Swiss Confederation. It becomes the authentic text in the meaning of article 48. 3. for any new Member State of the European Union, this Agreement shall enter into force ninety days after the receipt of the instrument of accession or on the date of entry into force of this agreement, if it has not yet entered into force when that ninety day period. 4. If this agreement has not entered into force received the instruments of accession, the new Member States acceding to the agreement applies paragraph 3 of article 44. 48. Article 1 of the language. This agreement is drawn up in duplicate in the English, Czech, Danish, French, Greek, Dutch, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. 2. the Maltese language version of the agreement shall be approved by the Contracting Parties, through the exchange of letters. It is in effect as provided for in paragraph 1, the language versions. In witness whereof, the undersigned, being duly authorised, have signed this agreement.
Final Act the Plenipotentiaries authorised by: the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, the European Community, of the one part, and the Swiss Confederation, of the other part, assembled in Luxembourg, 26 October 2004, at the signing of the cooperation agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the fight against fraud and any other illegal activity to the detriment of their financial interests, have adopted the following joint declarations annexed to this final act: 1. Joint Declaration on money laundering 2. Joint Declaration on cooperation by the Swiss Confederation with Eurojust and, if possible, with the European judicial network. Similarly, the European Union Member States and the Plenipotentiaries of the community and the Swiss Confederation, the Plenipotentiaries have adopted the agreed negotiations attached to this final act. The agreed negotiations is binding.
Joint Declaration on money laundering, the Contracting Parties agree that the agreement is article 2, paragraph 3, which provides for cooperation on money laundering prevention, relates to offences that Swiss law sense qualify as financial fraud or smuggling. Information received, upon request, in relation to money laundering, can be used in legal proceedings in connection with money laundering, except when it relates to the Swiss people and if any infringement related transactions are performed only in Switzerland. Joint Declaration on COOPERATION by the Swiss Confederation with Eurojust and, if possible, with the European judicial network the Contracting Parties take note of the willingness of the Swiss Confederation to consider Swiss Confederation to co-operate with Eurojust and, if possible, with the European judicial network. Agreed in the NEGOTIATIONS negotiations on the cooperation agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the fight against fraud and any other illegal activity to the detriment of the financial interests of the Contracting Parties have agreed as follows: with regard to article 2, paragraph 1 (b)), the terms "fraud and any other illegal activity" also refers to smuggling, corruption and the activities of money laundering covered by this agreement pursuant to paragraph 3 of article 2. The term "transactions in goods, in violation of the law on Customs and agricultural matters" is in effect regardless of whether the goods have been resident (exported, imported or in transit) in the territory of another Contracting Party. The term "transactions in violation of the law in the financial sector in respect of value added tax, special taxes on consumption and excise taxes" is effective irrespective of whether the services or goods have been resident (exported, imported or in transit) in the territory of another Contracting Party. With regard to article 15, paragraph 2, the term "investigation" includes the questioning of persons, facilities and vehicle searches and search, document copying, information may be requested, as well as the subject matter, the document and the value of the attachment. With regard to article 16, paragraph 2, second subparagraph of that paragraph provides that the persons present are entitled to ask questions and propose investigative activities. With regard to article 25, paragraph 2, the reference to multilateral agreements concluded between the Contracting Parties, in particular, the entry into force of the agreement: the agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis. With regard to article 35, paragraph 1, the term "legal assistance" also applies to the transfer of information and evidence of the authority of the requesting contracting party. With regard to article 43 of the European Commission, at the latest, at the time of signature of the agreement notified to the indicative list of the territories to which this agreement will be applied.