Advanced Search

Law No. 586 Of 15 December 2004

Original Language Title:  LEGE nr. 586 din 15 decembrie 2004

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 586 586 of 15 December 2004 for the ratification of the Agreement between the Government of Romania and the Government of Georgia on cooperation in combating terrorism, organized crime, illicit trafficking of narcotic drugs, psychotropic substances and precursors, as well as other crimes serious, signed in Bucharest on 14 May 2004
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 4 4 of 4 January 2005



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of Georgia on cooperation in combating terrorism, organized crime, illicit trafficking of narcotic drugs, psychotropic substances and precursors, as well as other serious crimes, signed in Bucharest on 14 May 2004. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 15, 2004. No. 586. AGREEMENT between the Government of Romania and the Government of Georgia on cooperation in combating terrorism, organized crime, illicit trafficking of narcotic drugs, psychotropic substances and precursors, as well as other serious crimes The Government of Romania and the Government of Georgia, hereinafter referred to as in the spirit of the relations of friendship and cooperation between the two states, convinced of the need to defend the life, property and other fundamental rights and freedoms of its own citizens, recognising the advantages of international cooperation, as an extremely important factor in the prevention and effective fight against organised crime, terrorism, illicit trafficking in narcotic drugs, psychotropic substances and precursors, as well as other serious crimes, Having regard to the provisions of the relevant international conventions and treaties, to which their States are parties, agreed the following: + Article 1 The Contracting Parties shall, in accordance with this Agreement and their national laws, cooperate and assist in the following areas: 1. combating international terrorism; 2. combating organized crime, discovering and researching individuals and organizations involved in: a) illicit trafficking, production and consumption of narcotic drugs, precursors or analogues and psychotropic substances; b) trafficking of human flesh and human organs, as well as the exploitation of children; c) illicit trafficking of raw materials, nuclear materials and technologies, of strategic equipment and technologies, of weapons, munitions and toxic and explosive substances; d) pimping; e) smuggling of stones and precious metals or of goods of historical and artistic value, belonging to the respective cultural patrimonies of their states or international cultural heritage; f) falsification of documents, currency and other securities; g) illegal gambling and fraudulent manworks used in legal games; 3. combating illegal activities in the sphere of economic relations, service provision and intermediation of economic and financial affairs carried out by the citizens of the two states or foreigners on the territory of any of the states of the parties contracting, as well as acts of smuggling, tax evasion, financial-banking fraud and the use of banking circuits for the purpose of money laundering, as well as the use or valorization of goods from the commission of illicit acts; 4. public order: a) knowledge of the methods and means used to ensure, maintain and restore public order, to guard and protect public and national interest objectives, values and assets, as well as to ensure security persons participating in public events; b) preventing acts of violence and the use of homemade bombs; c) prevention, discovery and research of theft and trafficking in stolen vehicles, as well as of offences to the road traffic regime; 5. the system of record of identity and civil status documents, in compliance with the obligations assumed by the states of the contracting parties through bilateral or multilateral international agreements or agreements; 6. illegal migration, security of the state border: a) combating illegal migration and trafficking networks with persons; b) the detection of travel documents and false or falsified visas; c) the organization, execution and management of the state border guard and surveillance in the land and maritime sectors; 7. cooperation in combating crimes against the environment; 8. mutual support in the selection, training and training and promotion of the specialists of the two contracting parties in the fields mentioned in section 1-7. + Article 2 1. The cooperation between the two Contracting Parties shall be carried out by: a) exchanges of information and experience in the fields referred to in art. 1 1; b) the implementation of mutually agreed measures or operations between the ministries and/or other competent institutions of the two states; c) exchanges of specialists in the areas of mutual interest; d) exchanges of documentation, publications and results of scientific research in the fields of common interest; e) transmission of operative information that can help prevent, discover and research organized crime activities and other crimes. 2. The contracting parties may agree, after fulfilling the legal procedures in force in their states, to send each other liaison officers appointed by the competent authorities referred to in art. 3. + Article 3 1. For the application of this Agreement, the Contracting Parties shall designate the following competent authorities for Romanian side: a) Ministry of Administration and Interior; b) Romanian Intelligence Service; c) National Customs Authority; d) the Public Ministry; and for the Georgian part: a) Ministry of Internal Affairs; b) Ministry of State Security; c) Ministry of Finance. 2. In order to ensure the operative link, the competent authorities will designate one contact person whose coordinates-name, surname, function, telephone and fax numbers-the contracting parties and will communicate to each other, diplomatically, in days from the date of entry into force of this Agreement. 3. In carrying out cooperation activities, in accordance with the provisions of this Agreement, the competent authorities of the Contracting Parties shall use the English language or another language agreed by the Contracting Parties. 4. To implement cooperation, in accordance with the provisions of art. 1 and 2, the competent authorities of the contracting parties, within the limits of their legal powers, may conclude cooperation protocols, in compliance with the internal laws of the two states. + Article 4 The Contracting Parties shall grant each other assistance in processing and analysing the information in the fields referred to in art. 1, and may provide the competent authorities of the other contracting party with specific equipment and technology, in compliance with the international obligations assumed in this field. + Article 5 For the purposes of this Agreement, Contracting Parties 1. will hold meetings of experts from their competent authorities, in those areas of competence, whenever they consider it necessary to solve urgent and special problems, such as drug trafficking, substances psychotropic and precursors, weapons and ammunition, illegal migration networks or other forms of organised crime; 2. will give mutual support, on the basis of prior consultations, within the various international organizations and bodies. + Article 6 1. Each Contracting Party may refuse, completely or partially, to provide information or assistance, if it considers that this fact may threaten sovereignty, security or any other important interest, if the request is not consistent with the national law of their states, or if the fulfilment of the request may be contrary to its national law or 2. The competent authorities shall inform each other in writing, in case of refusal of the request for information or assistance, stating the reasons. 3. Each competent authority may lay down conditions with regard to the fulfilment of an application or the manner of use of the results obtained by it, conditions which will be binding on the competent authorities of the other party Contracting. + Article 7 1. In order to fulfill the provisions of this Agreement, the Parties shall ensure the confidentiality and the physical protection of the information, according to the level of classification established by the Party 2. The information will only be used for the purpose for which it was provided. 3. Temporary or definitive multiplication, transfer or submission to a third party of information, documents, technology, technology or samples acquired as a result of cooperation will be allowed only with the written consent of the authority skills that provided them. 4. Each competent authority shall be responsible for the security of the information received from the other competent authorities, shall respect the intellectual property rights of information, documents, technology, technology or samples acquired as a result of the application of this Agreement and will take the necessary measures to limit access to classified information only to authorised persons and only in relation to their official duties. 5. In the event of breaches of security measures, involving the loss or suspicion of disclosure of classified information to unauthorised persons, the receiving competent authority shall immediately inform the supplying competent authority. The receiving competent authority shall initiate an investigation without delay, in accordance with the law of its State, with the assistance of the competent authority providing, if requested. The receiving competent authority shall inform the competent authority of the circumstances, the measures taken and the outcome of the investigations. 6. Each competent authority shall promptly communicate to the other competent authorities any change in the law of the state or which would affect the protection of classified information exchanged as a result of the application of this + Article 8 1. In order to protect personal data, the competent authorities of the Contracting Parties shall apply the following requirements a) the competent authority of the requesting Contracting Party may use that data only for the purposes and under the conditions laid down by the competent authority of the requested b) at the request of the competent authority of the requested Contracting Party, the competent authority of the requesting Contracting Party shall provide information on the use of the data transmitted and the results c) the Contracting Parties shall provide data only to the competent authority designated by the other Contracting Party; d) the competent authority of the requested contracting party is obliged to submit correct and actual data; if it is subsequently certified that incorrect data or data were transmitted that should not have been transmitted, the contracting party the applicant will correct the mistakes or, if the data should not have been transmitted, will destroy them; e) at the time of transmission of the data, the competent authority of the requested Contracting Party shall notify the other Contracting Party of its signature of the requirements relating to the destruction and removal of such data national legislation; irrespective of the period laid down for their retention, the data relating to the person concerned must be destroyed or removed as soon as they are no longer necessary. The competent authority of the requested Contracting Party shall be informed of the destruction and removal of the data transmitted and the reasons for such action. In the event of termination of this Agreement, all data received under it shall be destroyed; f) the contracting parties will have the task of registering the transmission, receipt and destruction of personal data; g) the competent authorities of the contracting parties are responsible for the effective protection of personal data against unauthorized access, loss and publication, alteration and destruction thereof. + Article 9 1. The provisions of this Agreement shall be without prejudice to the rights and obligations assumed by the Contracting Parties through other international agreements or agreements. 2. Any dispute in the interpretation or application of this Agreement shall be resolved by consultations between the Contracting Parties. + Article 10 The expenses occasioned by the implementation of the provisions of this Agreement, as well as those related to the exchanges of delegations will be borne on the basis of reciprocity, to be regulated by protocols that will end according to paragraph 4 of art. 3. + Article 11 This Agreement shall be concluded for an indefinite period and may be terminated or suspended at any time by written notification to the other Contracting Party. The denunciation will produce its effects at 6 months, and the suspension 30 days from the date of notification. + Article 12 1 1. This Agreement shall enter into force on the date of receipt of the last diplomatic notification by which the Contracting Parties shall inform each other of the fulfilment of the internal legal procedures necessary for the entry into force of the it. 2. This Agreement may be amended by common accord, with amendments to enter into force in accordance with the procedure laid down in paragraph 1. Signed in Bucharest on May 14, 2004, in two original copies, each in Romanian, Georgian and English, all texts being equally authentic. In case of differences in interpretation, the text in English will prevail. For the Romanian Government, Toma Zaharia For Georgia's Government, Gheorghi Baramidze ____________