The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the United States of the Treaty on mutual legal assistance in criminal matters article 1. on 13 June 1997 in Washington signed by the Government of the Republic of Latvia and the Government of the United States of America on mutual legal assistance in criminal matters (hereinafter-the agreement) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put for Latvian language in the contract. 3. article. The agreement shall enter into force for the period specified in article 20 and in order, and on the Ministry of Foreign Affairs notified the newspaper "journal". The Parliament adopted the law of 1 October 1997. The President g. Ulmanis in Riga on 9 October 1997 in a contract between the Government of the Republic of Latvia and the Government of the United States of America on mutual legal assistance in criminal matters table of contents article 1 scope of assistance article 2 central authorities article 3 restrictions on assistance article 4 request for the form and content of the article 5 request for execution article 6 costs article 7 limitations of use article 8 testimony or evidence at the request of the beneficiary country, the provision of article 9 the Government authorities cases article 10 arrival of the giving of evidence outside the beneficiary State, article 11
Incarcerated persons article 12 transfer of Custody of persons in transit article 13 a Person or object identity or location detection article 14 of Document Delivery article 15 Search and remove article 16 Article 17 article return Help the confiscation process article 18 connectivity to other contracts article 19 article 20 consultations treaty ratification, entry into force and termination forms: (A) the business document authenticity card (B) business document without proof of the official document (C) absence of evidence with respect to D remove objects of the Republic of Latvia and the United States, desiring to improve the two countries ' law enforcement authorities, the efficiency of the investigation, prosecution and prevention of crime through cooperation and mutual legal assistance in criminal matters, have agreed as follows: article 1 scope of assistance 1. The Contracting Parties shall, in accordance with the provisions of this Treaty provides mutual assistance concerning pre-trial investigation, prosecution and prevention of crime, as well as in proceedings related to criminal matters. 2. assistance shall include: (a) the person's testimony or statement), the adoption of the document, the Protocol b) etc. into evidence; (c) the person or object) location detection or identification; (d) document delivery;) e) imprisoned persons transfer transfer of testimony or other purposes; f) searches and removal; g) processes relating to the seizure and confiscation of property; restitution; the levying of the fine; (h) any other assistance) forms, which are not law, at the request of the beneficiary country prohibited. 3. Assistance is provided regardless of whether the Act is subject to pre-trial investigation, prosecution or proceeding at the request of the iesniedzējvalst would be considered a crime under the law of the beneficiary country. 4. this Treaty is intended solely for mutual legal assistance between the parties. This agreement does not give rise to any private person to obtain, disguise or add one to the case evidence, or to impede the execution of the request. Article 2 Central Authority 1. Each of the parties is the central body which accepts the request and in accordance with this agreement. 2. From the United States side the central body is the Attorney General, or a person appointed by the Attorney General. The central body of the party is the Attorney General or a person designated by the Attorney General. 3. The central authorities for the purposes of direct contact. Article 3 restrictions on assistance 1. The central body of the beneficiary country may refuse assistance if: a the request concerns the military) nature of the crime that would not be considered a crime under ordinary criminal law; (b) the request relates to political) crime; c) execution of the Request would prejudice the beneficiary State security or other essential interests; or (d)) the request does not meet the requirements of the contract. 2. before refusing assistance pursuant to this article, the central authority of the beneficiary country should consult with the central authority of the iesniedzējvalst, to decide whether the assistance can be rendered with such conditions as it deems necessary. If iesniedzējvalst accepts the assistance subject to the following conditions, these conditions must be observed. 3. If the beneficiary State, the central body shall refuse assistance must inform the central authority for iesniedzējvalst reasons for such refusal. Article 4 of the form and content of the Request 1. Request for assistance must be in writing, except in urgent cases, a request the beneficiary State, the central body may accept the request in another form. If the request has been submitted in writing, within 10 days then it shall be confirmed in writing at the request of the beneficiary, unless the central body is not accepted for other arrangements. The request must be in the language of the recipient countries of the request, unless otherwise agreed. 2. the request must contain the following information: (a) the name of the institution), which conducts pre-trial investigations, prosecutions or proceedings to which the request relates; b) pre-trial investigation, prosecution or proceedings in the nature and substance of the law, including a description of the actual rules of application of basic and picture for each violation. (c) the evidence, information or) other assistance description requested; and (d) a statement of purpose) in which the evidence is sought, information or other assistance. 3. in so far as it is necessary and possible, the request must also contain: (a) any) information about the identity of the person and the location from which the evidence is sought; (b) persons) information about the identity and location of where to send the documents of the proceedings, this person's relationship with the court proceedings, and the manner in which the documents are to be supplied; c) information about a person or object's identity and whereabouts, the location of which must be clarified; (d) a place or person) that is to be searched, and the subject that is to be removed, the accurate description; (e) the testimony or statement) and a description of the type of sign-in; (f) the notice or testimony) that may include a list of questions to be asked of the person; g) any specific procedures which must be followed in the implementation of the request; h) information on the reimbursement of expenditure and to be the person who is asked to come to request iesniedzējvalst; and i) any other information to which the request should be directed to the attention of the beneficiary countries, to facilitate the execution of the request. Article 5 execution of requests 1. Central authorities of beneficiary countries must immediately execute the request or, if necessary, send it to the institution, which has jurisdiction in respect of the performance of this function. Request the competent authorities of the beneficiary country to do everything in their power to fulfill the request. The beneficiary State shall request the Court or other competent authority empowered to issue the subpoenas, search warrants, or other orders necessary for the execution of the request. 2. the beneficiary country representative or the central body shall take all necessary measures to represent the request iesniedzējvalst the request in the implementation of the request of the recipient country. 3. Requests are executed in accordance with the law of the beneficiary country, except where otherwise provided in this agreement. However, the implementing method is specified to be followed, unless the request recipient country prohibits laws. 4. If the Central Authority of the beneficiary country finds that execution of the retarded one currently ongoing pre-trial investigation, prosecution or proceeding in that State, it may postpone the execution of the request at a later time, or to apply to the conditions for executing the request, which it recognized as necessary, after consultation with the iesniedzējvalst of the central body. If iesniedzējvalst accepts the assistance subject to the following conditions, these conditions must be met. 5. the beneficiary country shall make every effort to keep such a request and its contents secret if such confidentiality is requested to comply with the request, the central authority of iesniedzējvalst. If the request cannot be executed without breaching the confidentiality of such request, the central body of the beneficiary country shall inform the central authority of the iesniedzējvalst Request, which then decides whether the request is to be executed. 6. the central authority of the beneficiary country to respond to the request, the central authority of the iesniedzējvalst based on the request of requests. 7. the beneficiary State, the central body shall immediately inform the central authority of the iesniedzējvalst request execution results. If the execution is denied, delayed or postponed, the central institution of the beneficiary country shall inform the central authority for the iesniedzējvalst refusal, delay the or the reasons for the postponement. Article 6 request the beneficiary country shall bear the cost of all the costs associated with the execution of the request, except the following: (a) the remuneration of the expert, if) the two central institutions have agreed otherwise; (b)) payment for written and oral translation and transcription; c) expenses related to the travel of persons either Request iesniedzējvalst the request of the beneficiary country convenience or in accordance with articles 10 and 11. Article 7 limitations of Use 1. beneficiary of the central authority may require that the request is not iesniedzējvalst any information or evidence obtained under this agreement, any other pre-trial investigation, prosecution or proceedings needs than those described previously in the submitted request, if the request is received by the central authority of the beneficiary country. In such cases, the request must comply with these iesniedzējvalst. 2. the beneficiary country shall, at the request of the central authority may require that the evidence or information that was provided under this agreement, be kept secret, or be used only on such terms and conditions as it has specified. If iesniedzējvalst accepts the evidence or information with the following provisions, it must do everything possible to comply with these conditions. 3. nothing in this article shall prevent the evidence or the use or disclosure, in so far as such an obligation, at the request of the prosecution, provide iesniedzējvalst the Constitution. Request iesniedzējvalst the request of the State to be notified in advance of such beneficiary countries expected use or disclosure. 4. Evidence or information that was made public at the request of the iesniedzējvalst in a way which complies with paragraph 1 and 2, the later can be used for any purpose. Article 8 testimony or evidence at the request of the recipient country at the request of the Persons 1 the beneficiary country, of which under this agreement are requested testimony or evidence if necessary, will be forced to attend and testify or to submit objects, including documents and materials. The person carrying out the request knowingly gives false testimony, written or oral, will be prosecuted at the request of the beneficiary country in accordance with the criminal law of this country. 2. Upon request, the central institution of the beneficiary country above provides information on evidence or proof of the time and place of delivery pursuant to this article. 3. the beneficiary country shall permit persons specified in the request the presence during the execution of the request, and permit these persons to question the person giving testimony or evidence. 4. in the case referred to in paragraph 1 the person entitled to your immunitāt, action or privileges under the laws of the iesniedzējvalst Request, testimony or evidence are accepted, however, and the statement made at the request of the central authority, iesniedzējvalst to these State institutions to adopt appropriate decisions. 5. Proof of authenticity, which under this article is submitted, at the request of the recipient country, or which form under this article provide evidence on the nature of the request is confirmed by evidence, which includes, in relation to business documents, certificate of authenticity, which is done in such a way as indicated in the attached to this agreement (A) form. The lack of such material or justifying the request is confirmed with the form B annexed to this Treaty. The materials, which had been approved by A form or form B, which shows the lack of such material is taken on the request as evidence iesniedzējvalst evidence of the truth of the matter. Article 9 the Government authorities of the things 1. beneficiary countries shall submit a request to the State Public Affairs iesniedzējvalst copies, including documents or information in any form that is, at the request of the Government of the beneficiary country authorities and law enforcement authorities. 2. the beneficiary State, the central body may submit any document, statement or copy of the information in any form that is located in the Government bodies or authorities in the country, but which are not available in the public domain, to the same extent and under the same conditions as they would be available to the same national law enforcement or judicial authorities. The central body at the request of the beneficiary country shall have the choice of total or partial rejection made under this paragraph. 3. cases submitted in accordance with this article, upon request of and at the request of the iesniedzējvalst free, under 5 October 1961, adopted at Convention on legalisation of foreign public documents requirements. The lack of such case or justifying a request to confirm the officials responsible for this sort of thing, using the attached form C to this agreement. Things that are approved through the C, is accepted as evidence at the request of the iesniedzējvalst thing. Article 10 arrival of testimony outside the beneficiary 1. If the iesniedzējvalst requires a person to appear in this country or in a third country, the beneficiary country shall, at the request of the person invited to attend the relevant request iesniedzējvalst or third-country institution. The beneficiary country shall, at the request of the central authority shall promptly inform the central authority of the iesniedzējvalst this person's response. 2. the iesniedzējvalst shall indicate the extent to which pay personal expenses. The person who agrees to attend may require that the request be issued in advance of iesniedzējvalst money to cover those costs. This advance may be issued through ieniedzējvalst at the request of Embassy or Consulate. 3. the iesniedzējvalst the central authority may, at its option, provide that a person who arrives at the iesniedzējvalst of the request in accordance with this article shall not be subject to the proceedings put on hold, or subject to any restrictions on personal liberty, on the basis of any of the person's conduct or conviction of a criminal offence prior to its departure from the recipient country. 4. the security provided for in this article shall expire after the guarantee. When the central body at the request of iesniedzējvalst has informed the central authorities of the beneficiary country's request that the person's presence is no longer required, and when the person who could freely leave the request iesniedzējvalst not left it seven days or that, has left it, voluntarily returns to it. Article 11 transfer of persons in Custody 1. Person imprisoned in the recipient country, and where the presence of the iesniedzējvalst, or at the request of a third country are requested to provide assistance under this agreement, for this purpose, and transferred from the beneficiary country to request iesniedzējvalst or a third country, if the person agrees, and if both countries central authorities agree. 2. a Person who is imprisoned in the iesniedzējvalst, and which, at the request of the recipient country presence is requested to provide assistance under this agreement, for this purpose, and transferred from iesniedzējvalst to request the beneficiary if that person agrees, and if both countries central authorities agree. 3. for the purposes of this article: (a)) pieņēmējvalst State has the right and obligation to keep the person transferred in custody, unless the two central institutions have agreed otherwise; (b)) shall forward pieņēmējvalst the person back to the sending State prisons as soon as conditions allow it, or another time after the two central institutions of the agreement; (c)) pieņēmējvalst does not require the State to propose the sending State or any other process to send back the transferred person; d) time spent by the person transferred in custody, is counted in the pieņēmējvalst prison, which was ordered to the country of dispatch; and (e)) where pieņēmējvalst is a third country, the iesniedzējvalst will sort all the necessary formalities to ensure compliance with the requirements laid down in this paragraph. Article 12 Detention of persons in transit 1. beneficiary countries shall allow third country can bring the transit through its territory of a person in custody whose personal appearance is required by the request, iesniedzējvalst, to provide testimony or evidence or otherwise provide assistance in the investigation, prosecution or proceedings. 2. the beneficiary country shall have the right and obligation to keep the person in custody during transit. 3. Each Party may refuse to allow the transit of its citizens. Article 13 the identity of the Person or object or location where the iesniedzējvalst asked to clarify the recipient country at the request of persons or the location of the subject matter, or identity, the country must do everything possible to ascertain the location or identity. Article 14 service of documents 1. beneficiary State must do everything possible to enforce the delivery of documents that are completely or partially applies to any request for assistance that the request is presented by the iesniedzējvalst in accordance with this agreement. 2. the iesniedzējvalst should send any request for document delivery, which prompted the arrival of a person's body, at the request of the iesniedzējvalst long enough before the intended time of arrival. 3. the beneficiary must send the request state approval of the document iesniedzējvalst delivery, in such manner as specified in the request. Article 15 Search and seizure 1. beneficiary countries shall execute the request for the search, seizure and any dispatch, at the request of the subject of iesniedzējvalst, if the request contains information that would justify such action under the law of the beneficiary country. 2. at the request of recipient countries, at the request of each officer, which has been removed in the storage object, using the form attached to this agreement (D), stating that the subject was constantly subject to its storage, identity, and any changes to the subject position. The certificates are accepted as evidence at the request iesniedzējvalst to demonstrate the truth of things. 3. the central body of the beneficiary country may require that the request for iesniedzējvalst agree to terms and conditions that it considers necessary to protect the interests of third parties in relation to the transferred objects. Article 16 articles at the request of the beneficiary country shall return central authority may require that the request for iesniedzējvalst the central body as quickly as possible the return of any items, including documents and things that were sent to it using the requests in accordance with this agreement. Article 17 assistance in confiscation proceedings 1. If one side of the central institution learns of the proceeds of crime or crime income tools, which are located in the territory of the other party and, under the law of that party, may be confiscated or otherwise withdrawn, it may notify the other party's central body. If the party receiving such information, have jurisdiction in the matter, it can provide the information to their institutions to determine whether they need to take any action. These institutions shall render its decision in accordance with its national law. The central body of the party that received the information, inform the central authorities of the party who provided the information on the measures taken. 2. the parties. to the extent permitted by the laws, they assist each other in proceedings relating to proceeds of crime income and the confiscation of instrumentalities, compensation for victims of crime and the collection of fines imposed as a sentence in criminal cases. They may also include measures that are taken to temporarily impose seizure of proceeds of crime income and crime tools, waiting for further consideration of the case. 3. a party that is the proceeds of crime and crime generated by tools, take away from them in accordance with their laws. Each Contracting State may transfer all or part of such property or the proceeds of their sale, the other party to the extent permitted by the laws of the sending party, and on such terms and conditions as it considers appropriate. Article 18 connectivity to other treaties assistance and procedures laid down by this Treaty, does not prevent either party from providing assistance to the other party in accordance with other applicable international agreements, or in accordance with their national law. In addition, parties may also provide assistance pursuant to any bilateral agreements, arrangements or practices which could be applied. Article 19 of the central institutions Consultation times for which they agreed to consult, to promote the most effective use of this contract. The central authorities may also agree on such practical measures that might be necessary to promote the realization of this Treaty. Article 20 of the Treaty ratification, entry into force and termination 1. the contract shall be subject to ratification, and the exchange of the instruments of ratification take place as soon as possible. 2. This Treaty shall enter into force with the exchange of the instruments of ratification. 3. Either party may terminate this agreement by written notice to the other party. Agreement shall terminate six months after the date of submission of the communication. Acknowledging THIS, the undersigned, being duly authorized their Governments, have signed this agreement. Closed the month of June 1997, the thirteenth in duplicate, Latvian and English languages, both texts of which are equally authentic.
On behalf of the Republic of Latvia to the United States on behalf of Valdis Birkavs Madeleine Albright