The Saeima has adopted and the President promulgated the following laws: For the Republic of Latvia and the people's Republic of China on mutual legal assistance in criminal matters article 1. 2004 April 15 in Beijing signed the Republic of Latvia and the people's Republic of China an agreement on mutual legal assistance in criminal matters (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. The agreement shall enter into force for the period specified in article 24 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 3. article. The law shall enter into force on the day following its promulgation. To put the contract in law Latvian and English. The law adopted by the Parliament in 2004 on 16 September. State v. President Vaira Vīķe-Freiberga in Riga, 2004 October 5, the Republic of Latvia and the people's Republic of China an agreement on mutual legal assistance in criminal matters between the Republic of Latvia and the people's Republic of China (hereinafter referred to as "the parties") to promote effective cooperation between the two countries for mutual legal assistance in criminal matters, on the basis of mutual respect for sovereignty and equality and mutual benefit, have decided to conclude this agreement and have agreed on the following : article 1 scope of application 1. the Parties shall, in accordance with the provisions of this agreement, provide mutual legal assistance in criminal matters of procedural action. 2. this Treaty shall not apply to: (a) the extradition of the person; (b) the judgment of the Court of Justice or the enforcement of decisions in criminal matters, issued by the requesting party, except in so far as permitted by the law of the requested Party and the provisions of this agreement; (c) the transfer of the convicted person's sentence; and (d) the transfer of proceedings. 3. this Agreement shall apply only to mutual legal assistance between the parties. This agreement prevents any individual any right to acquire or to exclude any evidence or to impede the execution of the request. Article 2 Central Authority 1. Parties this agreement would mean the central authorities shall communicate directly with one another in matters related to mutual requests and assistance. 2. This article is referred to in the first subparagraph shall be the central authority is the Ministry of the Attorney General's Office of the Republic of Latvia and the Ministry of Justice of the Republic of Latvia and the Ministry of Justice and the Supreme People's Prosecution of the people's Republic of China. 3. If one of the parties changes its central authority, diplomatic channels it shall inform the other party of such change. Article 3 refusal or postponement of assistance (1) the requested Party may refuse assistance if: (a) the request relates to the conduct does not constitute a criminal offence under the law of the requested Party; (b) the requested Party shall be regarded as a request with a political crime; (c) the request relates to an offence which is in full military criminal offence under the law of the requested Party; (d) the requested Party has substantial grounds for believing that the request has been submitted, to carry out the investigation, prosecution, punishment or other proceedings against the person in that person's race, sex, religion, nationality or political opinion, or that the person's position might be harmed someone for this reason; (e) the requested Party has given a final judgment or a decision of the same person for the same offence as referred to in the request; (f) the requested Party determines that the request may harm its sovereignty, security, public order or other essential public interest, or would be contrary to national law. 2. the requested Party may postpone assistance if execution of the request would hinder an ongoing investigation, prosecution or other proceedings in the requested Party. 3. refusal or suspension Before executing the requested Party shall consider whether assistance may be given subject to conditions as it deems necessary. If the requesting party accepts assistance under these conditions, it shall comply with them. 4. If the requested party refuses or postpones assistance, it shall inform the applicant party of the grounds for refusal or suspension. Article 4 the type and content of the Request 1 request be made in writing and signed or sealed by the parties the applicant the applicant authority. In urgent cases, the requested Party may accept other requests, but the applicant party immediately after the request confirmed in writing, unless the requested Party agrees otherwise. 2. The request for assistance shall contain: (a) the name of the competent authority, which shall carry out investigations, prosecutions or other proceedings to which the request relates; (b) the nature of the case description, related to the case facts and a summary of the provisions of the applicable law, subject to the request; (c) a description of the assistance requested, as well as its purpose and meaning; and (d) the period within which the request should be met. 3. to the extent necessary and possible, the request also contains: (a) information on persons involved in any of the procedural steps, identity, place of residence, the relation with the criminal proceedings, the number, the person is asked to provide evidence for the person to whom the transferable document, and the person to be identified or identifiable location; (b) consideration of the test or the location or object description; (c) any specific procedure, which would be applied by running the request, as well as the reasons for it; (d) a searchable site or property description, which intended to search, seize, remove; (e) an indication of the need for confidentiality and the reasons therefor; (f) information on the cost and expense of the person who invited the applicant to attend a party to produce evidence or to participate in the investigation; and (g) any other information that might facilitate the execution of the request. 4. If the requested Party considers that the content of the request is not sufficient to be executed, it may request additional information. 5. Requests and additional documents, drawn up in accordance with this article, accompanied by a translation in the language of the requested Party or the English language. Article 5 execution of 1. The requested Party shall execute the request for assistance without delay and in accordance with its national law. 2. in so far as it is not contrary to its national legislation, the requested Party may execute a request for assistance requested of the applicant party. 3. the requested Party shall promptly inform the requesting Party of the results of the execution of the request. Where the assistance requested cannot be provided, the requested Party shall inform the applicant party of any reasons. Article 6 confidentiality and restrictions on use 1. At the request of the applicant party, the requested Party shall observe confidentiality with regard to the request, including its contents, in addition to the documents and all the activities carried out in accordance with the request. If the request is not feasible without breaching the confidentiality of the request, the requested Party shall inform the applicant party that decides whether the request is feasible. 2. The requesting Party shall observe the requested party information and evidence confidentiality, if the requested Party so requests, or use such information and evidence only in accordance with the requested party's terms and conditions specified. 3. The requesting Party shall not be used in accordance with this agreement the information obtained or evidence for other purposes as described in the request without the prior consent of the requested Party. Article 7 service of documents 1 the requested Party according to its national laws and, on request, issue a document is sent by the requesting party. However, the requested Party shall not be obliged to issue a document that asks a person to appear as a defendant. 2. the requested Party shall, at the date of issue, provided the applicant party to proof of service indicating the date, location and type and signed or stamped by the authority which issued the document. If service cannot be effected, stating the reasons for it, shall inform the applicant party. 8. Article 1 of the taking of evidence requested Party according to its national laws and to obtain evidence the request and sends it to the requesting party. 2. If the request concerns a document or message, the requested Party may send it certified copies or photocopies. However, if the requesting party specifically asked to send originals, the requested Party shall execute its capabilities. 3. to the extent not in conflict with the law of the requested Party, in accordance with this article the requesting Party shall send the documents and other materials are certified in such manner as it may ask the requesting party to be permissible under the law of the requesting party. 4. to the extent not in conflict with the law of the requested Party, the requested Party shall permit persons specified in the request to participate in the execution of the request and allow the following persons to the requested Party, through the competent officials to ask questions to the person from whom evidence is obtained. For this purpose, the requested Party shall promptly inform the requesting Party of the request execution time and place. Article 9 refusal to provide evidence 1. A Person who is asked to provide evidence in accordance with this agreement, may refuse to give evidence if the law of the requested party to allow the person to give up, in similar circumstances, a process which started in the requested Party. 2. If the person is asked to provide evidence in accordance with this agreement, you are granted the privilege or immunity in respect of the taking of evidence in accordance with the laws of the applicant party, the requested Party shall contact the requesting party to provide proof of such a right or privilege. The applicant provided proof of the Parties shall be deemed sufficient proof of rights or privileges. Article 10 access to the Person or the provision of evidence for the participation of the investigation 1. If the requesting party requests a person to attend to give evidence or to take part in the investigation of the applicant party, the requested Party shall invite the person to appear in the body of the requesting party. The requesting party indicates to what extent a person will cover costs and expenses. The requested Party shall promptly inform the requesting Party of the consent or refusal to attend to give evidence or to take part in the investigation. 2. The requesting Party of any request for the service of a document by which a person is asked to come to an authority in the requesting party, sent at least sixty days before the estimated time of arrival, unless in urgent cases, the requested Party has not agreed to a shorter period. Article 11 detention (imprisonment), the transfer of persons to provide evidence or membership of the investigation 1. The requested Party shall at the request of the applicant party temporarily transfers the requesting party in custody in its territory (in prison) people to come to provide evidence or authority to participate in the investigation, provided that the person consents thereto and the parties have previously reached a consensus on the conditions of the transfer. 2. where the person transferred in accordance with the law of the requested Party is held in custody in the requesting party, the person in custody there. 3. The requesting Party shall immediately be returned to the requested Party as soon as the person has ceased to produce evidence or to participate in the investigation. 4. For the purposes of this article the person passed off side requested the appropriate penalty (security feature) the time spent in custody in the requesting side. Article 12 protection of witnesses and experts (1) a witness or expert who is on the territory of the requesting party, the requesting party is not under investigation, prosecution, punishment and detention or other restrictions on personal freedom Act or omission that occurred before the person's arrival in its territory, as well as that person is not obliged to give evidence or to take part in investigations, prosecutions or other proceedings, if they are not associated with the request If one is not received by the requested Party and the prior consent of the person concerned. 2. the first paragraph of this article shall not apply if the person referred to in the first subparagraph has remained in the requesting party within fifteen days after the person has been officially notified that her presence was no longer necessary or if, after departure, it has voluntarily returned. But this term does not include the time during which the person has not been able to leave the territory of the requesting Party of its independent reasons. 3. a Person who refused to give evidence or to take part in the investigation in accordance with article 10 or 11, such waiver shall not be subject to any penalty or coercive restrictions on personal freedom. Article 13 research, search, seizure and withdrawal 1. The requested Party shall, to the extent permitted by its law to comply with the request for evidence-related materials, and active research, search, seizure and removal. 2. the requested Party shall provide the requesting party with the information requested on the results of the request, including information on research or search results, the seizure or removal of sites and conditions, and subsequent such material, subject matter or active surveillance. 3. the requested Party may send the withdrawn materials, objects or assets to the requesting party, if the requesting party accepts the requested Party proposed the transfer terms and conditions. Article 14 of Document, records and evidence related articles check the requested Party By the requested Party, the requesting Party shall be returned as soon as possible to the requested party document or original records and proof of related objects that are provided for under this agreement. Article 15 from criminal and criminal offence of tools 1. The requested Party shall, in accordance with the request of trying to see if its territory is not stored in the criminal obtained funds or of the crime, and shall notify the requesting Party of the results of research. By submitting the request, the requesting Party shall specify the requested Party of the reasons for the findings, why features or tools could reside in the territory of the party in the past. 2. Where, in accordance with the first paragraph of this article are discovered resources or suspected of the crime, the requested Party shall at the request of the applicant party shall take measures to require that attachment, remove and confiscate the means or tools in accordance with its national law. 3. At the request of the applicant party, the requested Party shall, to the extent permitted by its national laws and in accordance with the terms and conditions on which the parties have agreed, can be sent to the requesting party all or part of the proceeds of crime for features or tools, or from the income from such assets. 4. in applying this article, the requested Party and any third party's legal rights and interests in respect of such features or tools shall be respected, in accordance with the law of the requested Party. Article 16 notification of the results of the criminal proceedings in criminal matters 1. the party that made the request to the other party pursuant to this agreement after the last request, informed of criminal proceedings to which the request for assistance, the results. 2. each Party shall, on request, inform the other party of the results of the criminal proceedings taken against a citizen last party. Article 17 criminal reporting for the requested Party, in accordance with the request of the requesting party to provide criminal news and information on judgment with respect to the requested party to the investigation or prosecution of persons subject to if the person concerned has been subject to criminal prosecution in the requested Party. Article 18 the exchange of information on laws, pursuant to a request, provide each other with existing laws or rules in force, as well as information on court practice in your country related to the performance of the contract. Article 19 authentication and legalization for the purposes of this agreement, 1. all documents that are to be transferred pursuant to this agreement, do not require authentication or legalization, unless otherwise specified in the contract. Article 20 expenses 1. the requested Party shall bear the cost of executing the request, but the requesting Party shall bear the following costs: (a) the person's arrival, stay and departure expenses, the requested Party, in accordance with the fourth subparagraph of article 8; (b) pursuant to article 10 or 11 people arrive, stay and departure of the costs or expenses of the applicant Party in accordance with its standards or regulations where such costs or expenses are incurred; (c) the expenses and fees of experts; and (d) the expenses and fees of the translation. 2. The requesting Party shall, on request, be paid in advance charges, costs and fees, which it must bear. 3. If the expected execution of will take extraordinary expenses, the Parties shall consult to determine the terms and conditions under which the request can be fulfilled. Article 21 service of documents and the taking of evidence by the diplomatic or consular officer of each of the parties may refer to documents and evidence of its nationals in the territory of the other party, through its diplomatic or consular representatives, ensuring that there will not be other side violates the law and will not be used for any coercive measures. Article 22 other grounds for cooperation this Treaty shall not prevent each party to provide assistance to the other party in accordance with other applicable international agreements or national law. Parties may also provide assistance pursuant to other applicable treaties, agreements or practices. Article 23 Dispute resolution any dispute arising in connection with the interpretation and application of this Agreement shall be settled by diplomatic consultation, if the central authorities of the parties fail to reach an agreement. Article 24 entry into force, amendment and termination of the contract shall be subject to ratification 1. The instruments of ratification shall be exchanged in Riga articles. the contract shall enter into force on the 30th the day after the date of the exchange of instruments of ratification of the article. 2. the parties may amend the agreement at any time exchange of letters. Such amendment shall enter into force on the thirtieth day after the date of the diplomatic path is the last written notification received. 3. Each Party may terminate the contract at any time by providing written notice to the other party in a diplomatic way. Termination of the contract shall enter into force on the one hundred and eighty days after notification. 4. the Agreement shall apply to requests made after its entry into force even if the relevant acts or omissions occurred before the entry into force of the Treaty. In witness whereof, the duly authorised Government entities have signed this agreement. Signed in Beijing on April 15, 2004, in duplicate in the Latvian, Chinese and English languages, each text being equally authentic. In the case of differences of interpretation the English text shall prevail.
On behalf of the Republic of Latvia, the people's Republic of China on behalf of vineta höche Dai Bing Guo the Justice Minister Deputy Minister of Foreign Affairs of the Treaty between the Republic of Latvia and the people's Republic of China ' on Mutual Judicial assistance in Criminal matters-the Republic of Latvia and the people's Republic of China (hereinafter referred to as "the parties"), With a view to improving the effective cooperation between the two countries in respect of mutual judicial assistance in criminal matters on the basis of mutual respect for sovereignty and equality and mutual benefit, have decided to conclud this Treaty and have agreed as follows: article 1 scope of Application 1. The Parties shall, in accordanc with the provision of this Treaty, to provide mutual judicial assistance in proceedings in respect of criminal matters. 2. This Treaty does not apply to: (a) the extradition of any person; (b) the execution of a criminal judgement, verdict or decision is rendered in the Requesting Party except to the exten the permitted by the law of the Requested Party and this Treaty; (c) the transfer of the sentenced person for serving line; and (d) the transfer of criminal proceedings. 3. This Treaty shall only apply to mutual judicial assistance between both parties. The provision of this Treaty shall deny any private person any right to obtain or exclude any evidence, or to the execution of a imped request. Article 2 Central authorities 1. For the purpose of this Treaty, the Central authorities designated by the Parties shall communicate directly with each other for matters concerning mutual request and assistance. 2. The Central authorities referred to in paragraph 1 of this article shall be the Ministry of Interior, the General Prosecutor's Office and the Ministry of Justice for the Republic of Latvia, and the Ministry of Justice and the Supreme People's Procuratorate for the people's Republic of China. 3. Should either Party a designated Central Authority change it, it shall inform the other Party of such change through diplomatic channels. Article 3 Refusal or Postponemen of assistance 1. The Requested Party may refus to provide assistance if: (a) the request relate to conduct which would not constitut an offenc has under the law of the Requested Party; (b) the request is considered by the Requested party as relating to a political offenc; (c) the request relate to an offenc» which is a purely military offenc is under the law of the Requested Party; (d) there are substantial grounds for the Requested Party to believe that the request has been made for the purpose of investigating, prosecuting, punishing or other proceedings against a person on account of that person's race, sex, religion, nationality or political opinion, or that that person's position may be prejudiced for any of those reasons; (e) the Requested Party has already rendered a final judgement or decision on the same person for the same offenc as related in the request; (f) the Requested Party of determin that the execution of the request would impair its sovereignty, security, public order or other essential public interest, or would be contrary to the fundamental principles of its national law. 2. The Requested Party may provide assistance to postpon if execution of a request would interfer with an ongoing investigation, prosecution or other proceedings in the Requested Party. 3. Before refusing a request or postponing its execution, the Requested Party shall consider whethers assistance may be granted subject to such conditions as it not cessary deemas. If the Requesting Party will accept assistance subject to these conditions, it shall comply with them. 4. If the Requested Party or to postpon refus provide assistance, it shall inform the Requesting party of the reasons for the refusal or postponemen. Article 4 the Form and content of requests 1 A request shall be made in writing and affixed with the signature or seal of the requesting authority of the Requesting Party. In an urgent situation, the Requested Party may accept a request in other forms and the Requesting Party shall confirm the request in writing promptly thereafter unless the Requested Party agree the otherwise. 2. (A) the request for assistance shall include the following: (a) the name of the competent authority conducting the investigation, prosecution or other proceedings to which the request relate; (b) a description of the nature of the relevant case, a summary of the relevant facts and of the provision of law is applicable to the case to which the request relate; (c) a description of the assistance sought and that of the purpose and relevance for which the assistance is sought; and (d) the time limit within which the request is desired to be executed. 3. To the exten the cessary and not possible, (a) the request shall also include the following: (a) information on the identity, residence and relationship to the proceedings of a person involved in any of the proceedings, including (a) the person from whom evidence is sought, (a) the person to be served and a person to be located or identified; (b) a description of the place or object to be inspected or examined; (c) a description of any particular procedure to be followed in executing desiro the request and reasons thereof; (d) a description of the place to be searched and of the property to be inquired, frozen and seized; (e) a description of the need for confidentiality and the reasons thereof; (f) information as to the allowance and expense to which a person invited to be presented in the Requesting Party to give evidence or assist in investigations will be entitled; and (g) such other information which may exhibit a facilitat of the request. 4. If the Requested Party will consider the contents led in the request not to be sufficient to enable it to deal with the request, it may request additional information. 5. Requests and supporting documents made under this article shall be accompanied by a translation in the language of the Requested Party or in the English language. Article 5 Execution of requests 1. The Requested Party shall promptly execute a request for assistance in accordanc with its national law. 2. Insofar as not contrary to its national law, the Requested Party may execute the request for assistance in the manner requested by the Requesting Party. 3. The Requested Party shall promptly inform the Requesting Party of the outcome of the execution of the request. If the assistance requested can not be provided, the Requested Party shall inform the Requesting Party of the reason. Article 6 Confidentiality and Limitations on use 1. The Requested Party shall keep confidential a request, its contents, including the supporting documents and any action taken in accordanc with the request, if so requested by the Requesting Party. If the request cannot be executed without breaching confidentiality, the Requested such Party shall so inform the Requesting Party, which shall then determin the whethers the request should not be executed vertheles. 2. The Requesting Party shall keep confidential the information and evidence provided by the Requested Party, if so requested by the Requested Party, or shall use such information or evidence only under the terms and conditions specified by the Requested Party. 3. The Requesting Party shall not use any information or evidence obtained under this Treaty for any purpose other than for the for the case described in the request without the prior consent of the Requested Party of the. Article 7 service of documents 1. The Requested Party shall, in accordanc with its national law and upon request, effect service of documents that are transmitted by the Requesting Party. However, the Requested Party shall not be obligated to effect service of a document, which requires a person to appear as the accused. 2. The Requested Party shall, after effecting service, provide the Requesting Party (a) proof of service that shall include the description of the date, place, and manner of service, and be affixed with the signature or seal of the authority, which served the document. If service cannot be effected, the Requesting Party shall be so informed and be advised of the reasons thereof. Article 8 Taking of evidence 1. The Requested Party shall, in accordanc with its national law and upon request, to take evidence and transmit it to the Requesting Party. 2. When the request concerns the transmission of documents or records, the Requested Party may transmit certified cop to or to photocop thereof. However, where the Requesting Party explicitly requires transmission of original, the Requested Party shall meet such requirement to the exten to possible. 3. Insofar as not contrary to the law of the Requested Party, the documents and other materials to be transmitted to the Requesting Party in accordanc with this article shall be certificated in such form as may be requested by the Requesting Party in order to make them admissibl is according to the law of the Requesting Party. 4. Insofar as not contrary to the law of the Requested Party, the Requested Party shall permit the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to pose questions, through officials of the competent authority of the Requested Party, to the person from whom evidence is to be taken. For this purpose, the Requested Party shall promptly inform the the Requesting Party of the time and place of the execution of the request. Article 9 Declin to give evidence 1 A person who is required to give evidence under this Treaty may declin to give evidence if the law of the Requested Party permit the person not to give evidence in similar proceedings in circumstanc originating in the Requested Party. 2. If a person who is required to give evidence under this Treaty to assert a right or a privilege of immunity from giving evidence under the law of the Requesting Party, the Requested Party shall request the Requesting Party to provide a certificate on the validity of the right or privilege. The certificate provided by the Requesting Party shall be regarded as evidence of the conclusiv on the right or privilege. Article 10 of the Personal Availability to give evidence or assist in Investigations When the Requesting Party 1 requests the appearance of a person to give evidence or assist in investigations in the territory of the Requesting Party, the Requested Party shall invite the person to appear before the appropriate authority in the territory of the Requesting Party. The Requesting Party shall indicates the exten to which allowance and expense will be paid to the of the person. The Requested Party shall promptly inform the Requesting Party of the person's acceptance or refusal to give evidence or assist in investigations. 2. The Requesting Party shall transmit any request for the service of a document requiring the appearance of a person before an authority in the territory of the Requesting Party of less than sixty days before the scheduled appearance, unless in urgent cases, the Requested Party has agreed to a shorter period of time. Article 11 Transfer of Persons in Custody for Giving evidence or Assisting in the investigations 1. The Requested Party may, at the request of the Requesting Party, transfer the person in custody a OK in its territory to the Requesting Party for appearing before an authority to give evidence or assist in investigations, provided that the parties so consent and the parties have previously reached a written agreement on the conditions of the transfer. 2. If the person transferred is required to be kep in custody under the law of the Requested Party, the Requesting Party shall hold that person in custody. 3. The Requesting Party shall promptly return the person transferred to the Requested Party as soon as he/she finish giving evidence or assisting in the investigations. 4. For the purpose of this article, the person transferred shall receive credit for service of the line is imposed in the Requested Party for the period of time served in the custody of the Requesting Party. Article 12 Protection of Witness and experts 1. Any witness or expert present in the territory of the Requesting Party shall not be prosecuted, detained, punished investigated, or subject to any other restriction of personal liberty by the Requesting Party for any acts or omission for which the preced the person's entry into its territory, nor shall that person be obliged to give evidence or to assist in any investigation , prosecution or other proceedings other than that to which the request, except to relate with the prior consent of the Requested Party and that person. 2. Paragraph 1 of this article shall cease to apply if the person referred to in paragraph 1 of this article has stayed on in the territory of the Requesting Party fifteen days after the person has been officially notified that his/her presence is no longer required or, having left, has voluntarily after returned. But this period of time shall not include the time during which the person file to leave the territory of the Requesting Party for reasons beyond his/her control. 3. (A) persons who give evidence to declin or assist in investigations in accordanc with articles 10 or 11 shall not be subject to any penalty or restriction of personal liberty for such mandatory declin. Article 13 Inquiry, Search, Freezing and chicken pox vaccine and 1. The Requested Party shall, to the exten it national law permit, execute a request for inquiry, search, and chicken pox vaccine and freezing of evidencial materials, articles and assets. 2. The Requested Party shall provide the Requesting Party with such information as requested concerning the results of executing the request, including information on the results of the inquiry or search the place and of freezing or chicken pox vaccine and circumstanc, and the subsequent custody of such materials, articles or assets. 3. The Requested Party may transmit the seized materials, articles or assets to the Requesting Party if the Requesting Party agree to the terms and conditions for such transmission axes proposed by the Requested Party. Article 14 Return of documents, records and articles of evidence to the Requested Party At the request of the Requested Party, the Requesting Party shall return to the Requested Party the original of the documents or records and articles of evidence provided to it by the latter under this Treaty as soon as possible. Article 15 Proceed from Criminal activities and Instruments of crime 1. The Requested Party shall, upon request, endeavour to ascertain any whethers proceed from criminal activities or instruments of crime within its territory with the deposited and shall notify the Requesting Party of the result of inquires. In making the request, the Requesting Party shall state to the Requested Party the reason for inferring that the proceed or instrument may be deposited in the latter's territory. 2. Once the suspected proceed or instrument of crime with found in accordanc with paragraph 1 of this article, the Requested Party shall, at the request of the Requesting Party, take a measure to freeze, seize and forfei to such an instrument or proceed according to its national law. 3. At the request of the Requesting Party, the Requested Party may, to the exten the permitted by law and the its national under the terms and conditions agreed to by the parties, transfer all or part of the proceed or instruments of crime, or the proceed from the sale of such assets to the Requesting Party. 4. In applying this article, the rights and interests legitimat of the Requested Party and any such third party to proceed or instrument shall be respected under the law of the Requested Party. Article 16 Notification of results of proceedings in Criminal matters 1. A Party that has made a request to the other in accordanc with this Treaty shall, at the request of the latter, informing the latter of the results of the criminal proceedings to which the request of assistance relate. 2. Either Party shall, upon request, inform the other Party of the results of the criminal proceedings instituted against it has a national of the latter. Article 17 the Supply of Criminal records of the Requested Party shall, upon request, provide the Requesting Party with the past criminal records and information of the line against the person investigated or prosecuted in a criminal matter in the territory of the Requesting Party, if the person concerned has been subject to penal prosecution in the Requested Party. Article 18 the exchange of Information on the Law the Parties shall, upon request, furnish each other with the laws in force or the laws used to be in force and information on judicial practice in their respectiv in countries related to the implementation of this Treaty. Article 19 Authentication and Legalization For the purpose of this Treaty, any documents transmitted in accordanc with this Treaty shall not require any form of authentication or legalization unless this Treaty provides otherwise. Article 20 1 of the Expense. The Requested Party shall meet the cost for executing the request, the Requesting Party shall be bear the following: (a) the expense for a person to travel to, stay in and leave from the Requested Party under paragraph 4 of article 8; (b) allowance or expense for a person to travel to, stay in and leave from the Requesting Party under articles 10 or 11 in accordanc with the standards or regulations of the place where such allowance or expense of have been incurred; (c) expense and fees of experts; and (d) expense and fees of translation and interpretation. 2. The Requesting Party shall, upon request, pay in advance the expense allowance and fees, it shall bear. 3. If it become apparen to that of the execution of a request requires expense of an extraordinary nature, the Parties shall consult to determin the terms and conditions under which the request can be executed. Article 21 service of documents and Taking of evidence by Diplomatic or Consular Official of Either Party may serve documents and take evidence from the its national in the territory of the other Party through its diplomatic or consular agents therein, provided that the law of the other Party will not be violated and no measure of any kind a coerciv will be taken. Article 22 Other basis for Cooperation this Treaty shall not prevent either Party from providing assistance to the other Party according to other applicable international agreements or national law of it. The parties may also provide assistance in accordanc with any others, through agreement, or practice which may be applicable. Article 23 settlement of Any dispute arising out of the dispute the interpretation and application of this Treaty shall be resolved through diplomatic channels if consultation by the Central authorities of the parties are themselves unable to reach agreement. Article 24 Entry into force, amendment and Termination 1. This Treaty is subject to ratification. The instruments of ratification shall be exchanged at Riga. This Treaty shall enter into force on the thirtieth day after the date of the exchange of the instruments of ratification. 2. The parties may amend this Treaty at any time by an exchange of notes. Such amendment shall enter into force on the thirtieth day after the date when the last written notification through diplomatic channels is received. 3. Either Party may terminate this Treaty at any time by giving written notification to the other Party through diplomatic channels. Termination shall take effect on the one hundred and eightieth day after the date on which the notice is given. 4. This Treaty applies to any requests presented after its entry into force even if the relevant acts or omission has occurred before this Treaty enter into force. In WITNESS WHEREOF, the undersigned, being duly authorized by the by their respectiv theret in Governments, have signed this Treaty. Done in duplicate at Beijing _ _ _ _ _ _ _ _ _ _ _ _ 15 on this _____ day of __ April ____ __ _____ month _____ year 2004, in the Latvian, Chinese and English languages, all texts being equally authentic. In the case of the divergenc of interpretation, the English text shall prevails.
For the Republic of Latvia For the people's Republic of China vineta höche Dai Bing Guo Minister of Justice, Deputy Minister of Foreign Affairs of the Republic of Latvia of the people's of China