Key Benefits:
Translation 1
(Status on 15 July 2015)
The Swiss Federal Council and the Government of the Republic of Kosovo,
Hereinafter called the Parties,
Wishing to contribute to the strengthening of relations between the two States,
Convinced of the importance of police cooperation in combating and preventing crime, in particular in the areas of organised crime, trafficking in human beings, illicit trafficking in narcotic drugs, psychotropic substances and Precursors,
Animated by the will to specify and complement police cooperation between the parties,
Respectful of the rights and duties of the citizens of both States and
Attentive to other international commitments by the parties,
Agreed to the following:
The aim of this Agreement is to strengthen police cooperation between the Parties in order to prevent threats to security and public order and to be able to combat all forms of crime, in particular through the exchange of information Operational and regular contacts between competent authorities.
1. The competent authorities, in the function of central bodies, are, for the Swiss Federal Council, the Federal Police Office and, for the Government of the Republic of Kosovo, the Directorate General of the Police of Kosovo. These authorities shall cooperate directly within the framework of their powers and shall coordinate the activities of the bodies concerned if necessary.
(2) The following bodies are generally responsible for the implementation of this Agreement in accordance with national domestic law:
3. The Parties shall inform each other without delay of any changes concerning the competent authorities and bodies referred to in s. 1 and 2 of this article.
The cooperation arising from this Agreement shall relate to all forms of criminal activity, in particular:
The cooperation arising from this Agreement shall not concern matters of a political, military and fiscal nature.
The cooperation resulting from this Agreement shall take place in accordance with the national law of the Parties and within the limits of the provisions of international law, in particular in the field of international police cooperation between the authorities And the competent bodies.
The Parties agree to strengthen their cooperation in order to prevent threats to public safety and order and to be able to combat all forms of crime, in particular against those referred to in art. 3.
The competent authorities shall assist in exchanging information, including personal and non-personal data and documentation concerning:
1. The competent authorities may request assistance directly and respond to a request for assistance in so far as it is to prevent a concrete threat, to ensure security and public order, or to combat any form of Crime.
2. Requests for assistance may cover the following areas:
In accordance with their national law, the authorities may spontaneously transmit information deemed important in order to assist the other Party in preventing offences, concrete and imminent threats to public safety and order, or To prosecute offences. The receiving Party shall be required to verify the usefulness of the information obtained and to destroy spontaneously or to return the data which is not necessary to the sender.
The Parties shall endeavour to exchange, regularly or whenever circumstances so require, situation reports and to analyse together the state of security.
The competent authorities shall, if necessary, take measures to ensure the coordination of operational missions in their respective territories. Operations can be conducted in the following areas:
2. The competent authorities shall determine in each case, by mutual agreement, whether the application of this Article requires a distribution of costs.
The competent authorities of the Parties may, as appropriate, form joint analysis teams, working groups and joint monitoring, observation and investigation groups in which the agents of one Party assume, at the time of the Missions in the territory of the other Party, advisory and assistance functions without the power of sovereignty. Officers shall comply with the instructions given to them by the Party in the territory in which they operate.
1. Officers of one of the Parties who, in the course of an investigation, observe a person alleged to have participated in an offence punishable by imprisonment of at least one year according to the law of the requested State, or where there are serious Reason to believe that the observed person may participate, for the purposes of an investigation, in the identification, where the location of such person, is allowed to continue that observation in the territory of the other Party, where the latter has Authorised cross-border observation on the basis of a request for mutual legal assistance Submitted in advance. Upon request, the observation shall be entrusted to the agents of the requested Party.
2. The authorisation shall be valid for the whole territory of the requested Party and may be subject to conditions.
The request for mutual legal assistance shall be addressed to the competent authority of the requested Party.
4. The compliance officers are:
1. In accordance with the national law of the Parties and at the request of a Party, the requested Party may authorize, in its territory, imports, exports or transits monitored, in particular in connection with traffic investigations Illicit drugs, psychotropic substances and precursors, weapons, explosives, counterfeit currency, stolen goods and money laundering. According to prior agreement between the Parties, the monitored delivery may be intercepted, then released in circulation as is or after subtraction or partial or full replacement of its contents. If the goods present an undue risk to persons associated with their transport or a danger to public safety, the requested State shall limit or refuse the consignment monitored.
2. The requested Party shall resume the monitoring of the delivery at the crossing of the border or at an agreed location, in order to avoid any interruption of supervision. Officers of the requesting Party may, in agreement with the requested Party, continue to accompany the monitored delivery in concert with the agents of the requested State who have resumed their supervision. They shall be required to comply with the orders of the agents of the requested Party.
(1) The Parties may conclude specific agreements allowing the assignment of liaison officers to the other Party, for a fixed or indefinite period. These liaison officers shall enjoy the status of diplomatic agents within the meaning of the Vienna Convention of 18 April 1961 on diplomatic relations 1 .
2. The purpose of the assignment of liaison officers is to promote and accelerate police cooperation, in particular by assisting in the execution of police or judicial assistance procedures in criminal matters.
3. Liaison officers carry out advisory and assistance functions without the power of sovereignty. They shall provide information and carry out their tasks within the framework of the instructions given to them by the detachable Party.
(1) The Parties shall accord to agents who are in operation in the territory of the other Party the same protection and assistance as to their own agents.
2. Officers performing their service under this Agreement in the territory of the other Party shall be required to comply with the rules and instructions of the unit to which they have been assigned.
(3) The agents of the Parties shall remain subject to the requirements of their national law with regard to their service reports, conditions of engagement and disciplinary status.
1. The Parties support each other in training and development, including:
2. The Parties shall also, in any other way, encourage the sharing of experience and expertise.
The Party having seconded officers shall be liable for the damage they cause during the conduct of the mission, according to the law of the Party in the territory in which they operate.
2. The Party in whose territory the damage referred to in s. 1 is responsible for the repair of such damage in the conditions applicable to damage caused by its own agents.
(3) The Party whose agents have caused damage to any person in the territory of the other Party shall repay in full to the other Party the amounts paid to the victims or their successors in title.
4. Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of s. 3, each Contracting Party shall renounce, in the case provided for in par. 1, to request the other Party to refund the amount of the damage it has suffered.
In the course of their missions, the agents of both Parties shall be assimilated, in relation to the offences of which they are victims or which they would commit, to the agents of the Party in whose territory they operate.
(1) Requests for information, coordinated measures or other means of assistance addressed to the competent authority of the other Party shall be filed in writing and shall contain the reasons for the request. Such requests may be transmitted if necessary by fax or e-mail, provided that their content permits transmission in this form. The Parties may, in cases of urgency, address an oral request, which shall then be immediately confirmed in writing.
2. Requests for mutual assistance shall be managed directly by the competent authorities, provided that national law does not provide for the treatment of the judicial authorities. If the authority which has received a request for assistance does not have the authority to deal with it, it shall forward it to the competent authority.
3. The competent authorities of the requested Party shall respond to the request referred to in par. 1 as quickly as possible. They may request additional information if they are necessary to access the request of the other Party.
(4) Each Contracting Party may refuse, in whole or in part, a request for assistance where it considers that its treatment is prejudicial to its sovereignty, jeopardiits its own security or other essential State interests, contravening the The Parties may also make the execution of the request for assistance subject to special conditions.
5. If a request is totally or partially refused, the requested Party shall immediately inform the other Party in writing and in a reasoned manner.
6. Subject to the limitations of s. 11, para. 2, the costs incurred in the execution of an application shall be borne by the requested Party.
The protection of personal data exchanged by Contracting Parties under this Agreement shall be governed, in accordance with the national laws of the Parties and international commitments, by the following provisions:
1. When transmitting classified information under its national law, the sending Party shall determine the conditions for the use of such information. The receiving Party shall respect the protection required for such classified information. The sending Party may at any time amend these conditions or delete the Classification.
2. Classified information may only be used by the authorities and bodies referred to in Art. 2 entitled to deal with such information in accordance with Art. 21, let. D. The subsequent transmission of classified information to other authorities or to third States shall be subject to the prior and written consent of the sending Party. The use of such information shall be reserved for persons who need it for the performance of their tasks and who have access authorization under the requirements of national law.
3. Any violation in relation to classified information shall be immediately communicated in writing to the sending Party.
The competent authorities shall, within 30 days after the entry into force of this Agreement, transmit the telephone and fax numbers and other details necessary for the implementation of the cooperation provided for in this Agreement. Agreement and shall communicate, to the extent possible, the name of a contact person who is proficient in one of the languages of the other Party.
2. The competent authorities shall immediately notify each other of any significant change in the means of communication.
Unless otherwise stated, the competent authorities shall use English to exchange operational information.
A Joint Committee composed of high-level representatives of the Parties shall meet in case of need to review the implementation of the cooperation established by this Agreement, in order to assess its quality, to discuss new To determine whether there is a need to complement or develop this cooperation.
The competent authorities of the Parties may, on the basis of this Agreement and within the framework of this Agreement, conclude complementary conventions of police cooperation.
This Agreement shall not affect the obligations of Parties arising from other international, bilateral or multilateral agreements.
1. This Agreement shall enter into force on the date of receipt of the last notification by which the Parties shall inform themselves that the national legal requirements for entry into force are fulfilled.
2. This Agreement shall be concluded for an indefinite period. Each Party may denounce it at any time, subject to written notification. Its validity shall expire six months after receipt of the denunciation.
Done at Pristina on 6 November 2013, in duplicate in the German, Albanian, Serbian and English languages. In the event of any inconsistency in the interpretation of this Agreement, the English version shall prevail.
For the Swiss Federal Council: Jean-Luc Vez |
For the Government of the Republic of Kosovo: Bajram Rexhepi |
1 Original German text.
2 RO 2015 2555