Announcement (2012:605) Of The Agreements Referred To In The Act (2000:562) On International Legal Assistance In Criminal Matters

Original Language Title: Tillkännagivande (2012:605) av överenskommelser som avses i lagen (2000:562) om internationell rättslig hjälp i brottmål

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:605

For the purposes of the following provisions of the Act (2000:562) on international legal assistance in criminal matters referred to the agreements listed below.



Chapter 1. § 5, second paragraph, of the following agreements provides for legal assistance must be provided in cases in an administrative procedure or a procedure other than a criminal proceeding: 1. Article 49 (a) of the Convention of 19 June 1990 (SUN 1998:49) on the application of the Schengen agreement of 14 June 1985, 2. Article 9(1) of the Convention of 17 december 1997 (SUN 1999:33) on combating bribery of foreign public officials in international business transactions, 3. Article 3 of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 4. Article 26 (1) of the agreement of 26 October 2004 (SUN 2008:17) on cooperation between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on combating fraud and any other illegal activities affecting their financial interests, and 5. Article 2.3 of the annex to the instrument of 16 december 2004 (SUN 2010:16) referred to in article 3(2) of the agreement on mutual legal assistance between the European Union and the United States of America, signed on 25 June 2003, on the application of the agreement on mutual legal assistance in criminal matters between the Government of the Kingdom of Sweden and the Government of the United States, signed on 17 december 2001.



Chapter 2. section 3 of the following agreements, see rules on who may make an application for legal assistance in Sweden: 1. Article 24 of the European Convention of 20 april 1959 (SUN 1968:15, 1969:71, 1977:88, 1992:4, 2000:41) on mutual assistance in criminal matters, 2. Article 24 of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 3. Article 2 and 18a. 3 of the annex to the instrument of 16 december 2004 (SUN 2010:16) referred to in article 3(2) of the agreement on mutual legal assistance between the European Union and the United States of America, signed on 25 June 2003, on the application of the agreement on mutual legal assistance in criminal matters between the Government of the Kingdom of Sweden and the Government of the United States, signed on 17 december 2001 , and 4. Article 6 of the agreement of 15 december 2009 between the European Union and Japan on mutual legal assistance in criminal matters (OJ L 39, 12.2.2010, p. 20, 22010A0212 Celex [01]).



Chapter 2. section 6, second paragraph, of the following agreements provides for the application in some cases can be sent directly to the Swedish public prosecutor or court: 1. Article 15(2) – 15.5 of the European Convention of 20 april 1959 (SUN 1968:15, 1969:71, 1977:88, 1992:4, 2000:41) on mutual assistance in criminal matters, 2. Article 24(2), 24(3) and 24.5 of the European Convention of 8 november 1990 (SUN in 1996:19, 1999:50 and 2000:36) on money laundering, search, seizure and confiscation of the proceeds from crime, and 3. Article 30(2), 30(3) and 30(5) of the Council of Europe's criminal law Convention of 27 January 1999 (SUN 2004:15) of corruption.



Chapter 2. section 14 of the third subparagraph, in the following agreements provides for a request for legal assistance may not be refused only on the grounds that the Act has the character of political crime: 1. Article 8 of the European Convention of 27 January 1977 (SUN 1977:12) on combating terrorism, 2. Article 11 of the United Nations Convention of 15 december 1997 (SUN 2001:22) for the Suppression of terrorist bombings, 3. Article 14 of the United Nations Convention of 9 december 1999 (SUN 2002:44) on combating the financing of terrorism, and 4. Article 20 (1) of the Council of Europe Convention of 16 June 2005 (SUN 2010:35) on the prevention of terrorism.



Chapter 3. Article 1, first paragraph, of the following agreements, there are rules on what an application for legal assistance abroad must include: 1. Article 3 (2) and 14 of the European Convention of 20 april 1959 (SUN 1968:15, 1969:71, 1977:88, 1992:4, 2000:41) on mutual assistance in criminal matters, 2. Article 11(2) and 12(3) of the agreement of 28 April 1983 (SUN 1986:5) between Sweden and Hungary on mutual assistance in criminal matters, 3. Article 7.10 of the United Nations Convention of 20 december 1988 (SUN 1991:41 and 2000:35) against illicit traffic in narcotic drugs and psychotropic substances, 4. Article 11(2) of the agreement of 10 February 1989 (SUN 1990:9) between Sweden and Poland on mutual assistance in criminal matters, 5. Article 6(2) of the agreement of 14 december 1989 (SUN, 1992:5) between Sweden and the United Kingdom and Northern Ireland on coercive measures and confiscation orders in respect of the proceeds of crime, 6. Article 27 of the European Convention of 8 november 1990 (SUN in 1996:19, 1999:50 and 2000:36) on money laundering, search, seizure and confiscation of the proceeds of crime, 7. Article 5 (2) and (3) of the agreement of 18 december 1998 (SUN 2001:47) between Sweden and Australia on mutual legal assistance in criminal matters, 8. Article 11 of the agreement of 15 February 2000 (SUN 2001:43) between Sweden and Canada on mutual legal assistance in criminal matters, 9. Article 18:15 of the United Nations Convention of 15 november 2000 (SUN 2004:21) against cross-border organised crime, 10. Article 10.3, 11.4, 18.3, 18.4, 20.3 and 20.4 (c) of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 11. Article 1(4), article 2(3), 3(2) and article 6(1) of the Protocol of 16 October 2001 (SUN 2005:43) of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union, 12. Article 46.15 and 55 (3) of the United Nations Convention of 31 October 2003 (SUN 2007:44) against corruption, 13. Article 32(4) of the agreement of 26 October 2004 (SUN 2008:17) on cooperation between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on combating fraud and any other illegal activities affecting their financial interests, 14. Article 4 and 18a. 2 in the annex to the instrument of 16 december 2004 (SUN 2010:16) referred to in article 3(2) of the agreement on mutual legal assistance between the European Union and the United States of America, signed on 25 June 2003, on the application of the agreement on mutual legal assistance in criminal matters between the Government of the Kingdom of Sweden and the Government of the United States, signed on 17 december 2001 , and 15. Article 8.3 – 8.6 in the agreement of 15 december 2009 between the European Union and Japan on mutual legal assistance in criminal matters (OJ L 39, 12.2.2010, p. 20, 22010A0212 Celex [01]).



Chapter 3. section 2, second paragraph, of the following agreements provides that an application may be sent directly to the competent authority of the other State: 1. Article 15(2) – 15.5 of the European Convention of 20 april 1959 (SUN 1968:15, 1969:71, 1977:88, 1992:4, 2000:41) on mutual assistance in criminal matters, 2. Article 53 of the Convention of 19 June 1990 (SUN 1998:49), implementing the Schengen agreement of 14 June 1985, 3. Article 24(2), 24(3) and 24.5 of the European Convention of 8 november 1990 (SUN in 1996:19, 1999:50 and 2000:36) on money laundering, search, seizure and confiscation of the proceeds of crime, 4. Article 30(2), 30(3) and 30(5) of the Council of Europe's criminal law Convention of 27 January 1999 (SUN 2004:15) of corruption, 5. Article 6.1, 6.5, 6.6 and 6.8 (b) of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 6. Article 6(2) of the Protocol of 16 October 2001 (SUN 2005:43) of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union, and 7. Article 27(1) and (2) of the agreement of 26 October 2004 (SUN 2008:17) on cooperation between the European Community and its Member States, of the one part, and the Swiss edsförbudet, on the other hand, on combating fraud and any other illegal activities affecting their financial interests.



Chapter 4. the third paragraph of section 9 of the following agreement contains provisions on the questioning of someone abroad by telephone conference: 1. Article 11 of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union.



Chapter 4. section 13, first paragraph, of the following agreements provides for interrogation with someone abroad through video conference: 1. Article 10 of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 2. Article 18.18 in the United Nations Convention of 15 november 2000 (SUN 2004:21) against cross-border organised crime, 3. Article 46.18 in United Nations Convention of 31 October 2003 (SUN 2007:44) against corruption, 4. Article 18 c in the annex to the instrument of 16 december 2004 (SUN 2010:16) referred to in article 3(2) of the agreement on mutual legal assistance between the European Union and the United States of America, signed on 25 June 2003, on the application of the agreement on mutual legal assistance in criminal matters between the Government of the Kingdom of Sweden and the United


States of America, signed on 17 december 2001 and 5. Article 16 of the agreement of 15 december 2009 between the European Union and Japan on mutual legal assistance in criminal matters (OJ L 39, 12.2.2010, p. 20, 22010A0212 Celex [01]).



Chapter 4. 26 (c) of the following agreement contains provisions on cross-border secret wiretapping and secret telesurveillance: 1. Article 20 of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union.



Chapter 5. paragraph 1 of the following agreements contains provisions that contain conditions that limit the ability to use information and evidence obtained from another State: 1. Article 7.13 of the United Nations Convention of 20 december 1988 (SUN 1991:41 and 2000:35) against illicit traffic in narcotic drugs and psychotropic substances, 2. Article 50(3) of the Convention of 19 June 1990 (SUN 1998:49) on the application of the Schengen agreement of 14 June 1985, 3. Article 32 of the European Convention of 8 november 1990 (SUN in 1996:19, 1999:50 and 2000:36) on money laundering, search, seizure and confiscation of the proceeds of crime, 4. Article 8(2) and (3) of the agreement of 18 december 1998 (SUN 2001:47) between Sweden and Australia on mutual legal assistance in criminal matters, 5. Article 14 of the agreement of 15 February 2000 (SUN 2001:43) between Sweden and Canada on mutual legal assistance in criminal matters, 6. Article 18(5) and 18.19 of the United Nations Convention of 15 november 2000 (SUN 2004:21) against cross-border organised crime, 7. Article 7(2), 18.9, 20.4 (b), 20.5 and 23 of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 8. Article 46(5) and 46.19 in United Nations Convention of 31 October 2003 (SUN 2007:44) against corruption, 9. Article 5, 30(3), 36, 37(2) and 37(3) of the agreement of 26 October 2004 (SUN 2008:17) on cooperation between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on combating fraud and any other illegal activities affecting their financial interests, 10. Article 7, 8, 16(3), 17 and 18 (4) of the annex to the instrument of 16 december 2004 (SUN 2010:16) referred to in article 3(2) of the agreement on mutual legal assistance between the European Union and the United States of America, signed on 25 June 2003, on the application of the agreement on mutual legal assistance in criminal matters between the Government of the Kingdom of Sweden and the Government of the United States, signed on 17 december 2001 , 11. Article 22(3) of Council of Europe Convention of 16 June 2005 (SUN 2010:35) on the prevention of terrorism, and 12. Article 13 and 26(2) of the agreement of 15 december 2009 between the European Union and Japan on mutual legal assistance in criminal matters (OJ L 39, 12.2.2010, p. 20, 22010A0212 Celex [01]).



Chapter 5. section 2, second paragraph, of the following agreements provides for legal assistance that is provided to another State may be subject to conditions in some cases: 1. Article 13(4) of the agreement of 28 April 1983 (SUN 1986:5) between Sweden and Hungary on mutual assistance in criminal matters, 2. Article 7.14 of the United Nations Convention of 20 december 1988 (SUN 1991:41 and 2000:35) against illicit traffic in narcotic drugs and psychotropic substances, 3. Article 13(4) of the agreement of 10 February 1989 (SUN 1990:9) between Sweden and Poland on mutual assistance in criminal matters, 4. Article 5(3) of the agreement of 14 december 1989 (SUN, 1992:5) between Sweden and the United Kingdom and Northern Ireland on coercive measures and confiscation orders in respect of the proceeds of crime, 5. Article 32(1) and 33 (2) of the European Convention of 8 november 1990 (SUN in 1996:19, 1999:50 and 2000:36) on money laundering, search, seizure and confiscation of the proceeds of crime, 6. Article 7 and 8 of the agreement of 18 december 1998 (SUN 2001:47) between Sweden and Australia on mutual legal assistance in criminal matters, 7. Article 5(1), 13(1) and 14 (2) of the agreement of 15 February 2000 (SUN 2001:43) between Sweden and Canada on mutual legal assistance in criminal matters, 8. Article 18(5) and 18.20 of the United Nations Convention of 15 november 2000 (SUN 2004:21) against cross-border organised crime, 9. Article 7(2), 9(2), 11.5, second subparagraph, 18(5)(b), 18(6) or 20(4) a of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 10. Article 1(5) and (4) of the Protocol of 16 October 2001 (SUN 2005:43) of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union, 11. Article 46(5) and 46.20 in the United Nations Convention of 31 October 2003 (SUN 2007:44) against corruption, 12. Article 5 and 37 (2) of the agreement of 26 October 2004 (SUN 2008:17) on cooperation between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on combating fraud and any other illegal activities affecting their financial interests, 13. Article 7, 8, 16(3), 17 and 18 (4) of the annex to the instrument of 16 december 2004 (SUN 2010:16) referred to in article 3(2) of the agreement on mutual legal assistance between the European Union and the United States of America, signed on 25 June 2003, on the application of the agreement on mutual legal assistance in criminal matters between the Government of the Kingdom of Sweden and the Government of the United States, signed on 17 december 2001 , 14. Article 22(2) of the Council of Europe Convention of 16 June 2005 (SUN 2010:35) on the prevention of terrorism, and 15. Article 13, 14 (2) and 26 (2) of the agreement of 15 december 2009 between the European Union and Japan on mutual legal assistance in criminal matters (OJ L 39, 12.2.2010, p. 20, 22010A0212 Celex [01]).



Chapter 5. 5 and 7 of the following agreements provides for immunity: 1. Article 12 of the European Convention of 20 april 1959 (SUN 1968:15, 1969:71, 1977:88, 1992:4, 2000:41) on mutual assistance in criminal matters, 2. Article 9 of the agreement of 28 April 1983 (SUN 1986:5) between Sweden and Hungary on mutual assistance in criminal matters, 3. Article 7.18 in the United Nations Convention of 20 december 1988 (SUN 1991:41 and 2000:35) against illicit traffic in narcotic drugs and psychotropic substances, 4. Article 9 of the agreement of 10 February 1989 (SUN 1990:9) between Sweden and Poland on mutual assistance in criminal matters, 5. Article 14 of the agreement of 18 december 1998 (SUN 2001:47) between Sweden and Australia on mutual legal assistance in criminal matters, 6. Article 9 of the agreement of 15 February 2000 (SUN 2001:43) between Sweden and Canada on mutual legal assistance in criminal matters, 7. Article 18.27 in United Nations Convention of 15 november 2000 (SUN 2004:21) against cross-border organised crime, 8. Article 9.5 of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 9. Article 46.27 in United Nations Convention of 31 October 2003 (SUN 2007:44) against corruption, 10. Article 9(4), 11(3) and (4) of the annex to the instrument of 16 december 2004 (SUN 2010:16) referred to in article 3(2) of the agreement on mutual legal assistance between the European Union and the United States of America, signed on 25 June 2003, on the application of the agreement on mutual legal assistance in criminal matters between the Government of the Kingdom of Sweden and the Government of the United States, signed on 17 december 2001 , and 11. Article 23 of the agreement of 15 december 2009 between the European Union and Japan on mutual legal assistance in criminal matters (OJ L 39, 12.2.2010, p. 20, 22010A0212 Celex [01]).



Chapter 5. section 8 of the following agreements provides for immunity should apply even when a detained person carried over to Sweden: 1. Article 11(1), first subparagraph, and article 12 of the European Convention of 20 april 1959 (SUN 1968:15, 1969:71, 1977:88, 1992:4, 2000:41) on mutual assistance in criminal matters, 2. Article 7(4) and 7.18 in the United Nations Convention of 20 december 1988 (SUN 1991:41 and 2000:35) against illicit traffic in narcotic drugs and psychotropic substances, 3. Article 13 (3) of the United Nations Convention of 15 december 1997 (SUN 2001:22) for the Suppression of terrorist bombings, 4. Article 14 of the agreement of 18 december 1998 (SUN 2001:47) between Sweden and Australia on mutual legal assistance in criminal matters, 5. Article 16(3) of the United Nations Convention of 9 december 1999 (SUN 2002:44) on combating the financing of terrorism, 6. Article 9 of the agreement of 15 February 2000 (SUN 2001:43) between Sweden and Canada on mutual legal assistance in criminal matters, 7. Article 18.10 18.12 18.27, and of the United Nations Convention of 15 november 2000 (SUN 2004:21) against cross-border organised crime, 8. Article 9.5 of the Convention of 29 May 2000 (SUN 2005:42) on mutual assistance in criminal matters between the Member States of the European Union, 9. Article 46.10, 46.27 46.12 and of the United Nations Convention of 31 October 2003 (SUN 2007:44) against corruption, 10. Article 12(4) and (5) of the annex to the instrument of the


16 december 2004 (SUN 2010:16) referred to in article 3(2) of the agreement on mutual legal assistance between the European Union and the United States of America, signed on 25 June 2003, on the application of the agreement on mutual legal assistance in criminal matters between the Government of the Kingdom of Sweden and the Government of the United States, signed on 17 december 2001 and 11. Article 24(5) of the agreement of 15 december 2009 between the European Union and Japan on mutual legal assistance in criminal matters (OJ L 39, 12.2.2010, p. 20, 22010A0212 Celex [01]).