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Law No. 4589 Date: 30.6.2000 article 1. — May 26, 1999 signed in Bucharest "Transboundary Cooperation Agreement Relating To the prevention and fight against Crime" to be approved. Article 2. — this law enters into force on the date of promulgation. Article 3. — The provisions of this law, the Council of Ministers.
TRANSBOUNDARY CRIMES PREVENTION and COOPERATION AGREEMENT signed this agreement for FIGHTING Governments (hereinafter referred to as the "parties");
Within the framework of the South East Europe cooperation initiative, wishing to extend cooperation and experience;
Between the parties and the importance of trade ties with other countries and to contribute to the development of a harmonious way, taking into account the request;
Transboundary crime and closer regional cooperation for the implementation of the law in the development of recognizing their mutual interest;
Country boundaries, sovereignty and legitimate crimes seriously is a threat to trade and cooperation between the organizations struggling against them effectively can be convinced to fight through;
In order to accomplish this goal, transboundary crime fighting across organizations, will develop the widest possible dimensional cooperation convinced of the necessity a commitment;
Transboundary crimes, countries ' economic, financial and commercial interests taking into account would hurt;
The Parties adopted before existing mutual assistance agreements, arrangements or treaties, taking into account the other international agreements concerning the fight against smuggling;
On the following agreed upon: article 1 Definitions in this agreement: a) "transboundary organizations that fight against crime and the Customs authorities" means the national authorities designated the Party organizations. Determining the SECI Secretariat in question are confirmed by and Sekretaryaya can be changed upon notification to be made.
b) "transboundary crime", organization of international criminal activity, authorities on, or if they help them to make it national law and regulations, violations or attempted procurement; c) "customs legislation" statement, customs duties, fees and other taxes or prohibitions, limitations with controlled goods to pass national boundaries in relation to other similar control, applied by the Customs authorities applied to the import, export, transit or circulation of goods related to the laws and regulations;
d) "information" statement, no matter which way the data, documents, records and reports, or their approved nusha;
e) "person" statement, any natural or legal person;
f) "Personal data" statement, all of the people who have been identified or can be identified the actual information;
g) "Property" statement, all kinds of entity and these entities are proving a right or interest on legal documents or passport;
h) "temporary measures" statement, 1. Property memorandum, saving, movement, and the ban temporarily or, 2. Estate, the Court or competent authority or by an instruction given by the other channels as temporary oversight or control;
n.) "Confiscation", by order of court or authority to deprive of property or its sequestration in need;
j) "requesting authority" statement; the first item, (a) the eighth paragraph of subsection I of article defined and demanding help authorities as appropriate;
k) "Request referenced authority", as defined in paragraph (a) of the first item, and in accordance with the eighth subsection I of article is referenced from which demand authorities;
Article 2 scope of Agreement 1. Under this agreement the parties through advance authorities, prevention of transboundary crime, uncovering, investigation, monitoring and men on issues to help each other.
2. This agreement, the Treaty of the European Union, the Schengen Agreement dated June 14, 1985, the Schengen Agreement dated June 19, 1990 with the implementation of the Convention, international treaties, mutual assistance agreements and other international fight against smuggling has been accepted by the parties of the agreements still in force between the parties to this agreement or following a mutual judicial assistance agreement with or akdedilecek, without prejudice to the implementation of the Treaty will bring the regulations or to affect or be interpreted in style.
3. Each aid made by agreement Âkit Parties, their own national laws.
4. The police-related issues ICPO-Interpol, World Customs Organization (WCO) on customs issues of the SECI participating countries as members of the active, transboundary crime to investigate violations of the prevention, investigation and judicial follow-up, in order to improve the effectiveness of their organizations that fight against crime and the Interpol General Secretariat and WCO to exchange information about the crime, in partnership with and provide the development of this information. Article 3 Specific Help Shapes 1. On the one hand, on request or spontaneously, as the other side information about transboundary crime provides the help.
2. On the one hand, and the implementation of national legislation of the parties, upon request, of customs duties and other taxes is necessary in ensuring the right of accrual information in help.
3. upon request, or spontaneously in a Party, the following subjects, including, without limitation, provides information to help. a) passenger and cargo operations-related methods and techniques;
aid for the implementation of the law and b) techniques can be performed successfully.
c) that may be useful for the implementation of actions;
d new methods used in committing a crime).
4. The Parties shall cooperate in the following subjects: a facilitate the effective coordination);
b) secure and fast exchange of information will facilitate the creation of communication channels and ensure continuity;
c) applicable, the professional, scientific and technical information exchange through provision of mutual technical assistance as other methods;
d examining the New hardware and methods and testing);
e) joint movement that could lead to all other general administrative issues; in accordance with the national law of the parties Concerned and f) controlled delivery method of implementing.
5. The parties agree that, upon request, on the one hand to the other side of the goods exported from the territory in a way that is not lawfully imported and inform each other about. If it is requested, such information of goods customs regime that is used for Boolean operations. 6. On request, the request to present their current Party facilities and opportunities within the framework of and in accordance with the national legislation provides the following information: a) is a transboundary crime the claimant Party processes, especially with people who are known or suspected of committing these are engaged in their own district without input and output;
b) demanded authorities by smuggling into or carrying suspected that created goods kept in the warehouse;
c) was used to commit a crime in the claimant Party suspected transport.
7. Upon request, or spontaneously, the parties resulting in transboundary crimes provides information to each other about their activities. On the one hand, whenever possible, at any time, and any other party's economy, public health, public safety or other such important interests may seriously damage cases, be requested to provide such information without waiting.
8. The parties, in accordance with national legislation, shall apply to temporary measures provide help and property and income and/or transboundary crime tools related prosecutions through these temporary measures.
9. The parties, through their national legislation;
a control of the property, income and vehicles), the aid provided under this agreement as a result of the forfeiture of the property, revenue and tools they can liquidate;
the forfeiture of property, income, or tools b) or their sales revenues, can transmit to the other party in accordance with the terms of anlaşacakları.
Article 4 information disclosure privacy and protection of personal data 1. Requesting authority, according to information obtained under this agreement, to the extent to which its own similar information in privacy. 2. In terms of Automatic Processing of personal data, the contract for the protection of individuals (Council of Europe, ETS Issue. 108 Strasbourg on 28 January 1981) without prejudice to the provisions of the personal data obtained under this agreement, giving the Party at least equivalent protection to protect the information provided.
3. the information obtained under this agreement only for the purposes of this agreement. Other State authorities requesting, including forward, wants to use this information for any other purposes, the request gets permission to pre-written referenced authority. These types of uses, subject to the conditions detected by the current authorities request.
4. Request the current authorities, unless otherwise stated, the provisions of the third paragraph, such as the transboundary crime related information later used in any judicial or administrative procedure initiated does not prevent. The parties, the evidence, reports and testimonies and in the prosecution opened the case about matters in accordance with the provisions of this agreement apply the knowledge obtained, documents may use as evidence. Providing this information to the competent authority, shall be informed in advance of such use. Article 5 unauthorised or incorrect Data Processing About Liability and legal protection 1. SECI Center every Âkit Party, transferred as a result of legal or factual errors in data of a minor in accordance with the national legislation of the damage suffered.
2. The injured party, the only damage against compensation when the event occurred can be Âkit Party attempts. The injured party, within the framework of the national legislation of the State of the respective SECI refers to the competent court. 3. in accordance with the national legislation of a Party, the injured party is across the street from another Party in order to avoid responsibility for the incorrect data communicates citing responsibility. If these legal or factual errors, incorrectly transmitted data from or to one or more Sides abiding to obligations provided in this agreement, or unauthorized or incorrect transfer resulted from breach of this agreement arising from loss of data, damage occurred on the other side of the question, unless it can be used By countries, upon request, it is liable to repay the amount paid as compensation.
Article 6 files and Documents 1. On request, the request related to the current authorities, transboundary criminal files, documents, and other documents in accordance with approved provides copies.
2. originals or copies of particular authorities demanded unless the request referenced authorities any form of computer aided. Interpreting the information or current demand Side, computer-aided applications with all the relevant information at the same time.
3. with the current authority Request, as determined by officials, who demand authorities request the referenced country apartments, you can review the information regarding the transboundary crime and take copies or summary thereof. Article 7 Witnesses and whether the expert 1. Request a current authority officer, that as the contractual issues that demand Side judicial or administrative transactions, within the limits of the authority given, and as an expert witness, and the witness or file, document or other documents with copies thereof. Demand in this topic, the title of which, and at what about adjectives or of an expert witness to testify or with special value.
2. The claimant Party, according to the first paragraph in this territory of their own State, the item remains in the provision of personal security for the officials to take all the measures necessary. This travel and daily expenses of officials who demand are met by the party.
Article 8 Transmission of demand 1. This set out the contractual claims, authorities can be accepted in English or other languages referenced authority request, made in writing direct. Seen to be beneficial for the fulfillment of the demand for information is added on demand. In urgent cases, a request may be made orally and these claims are acceptable; However interpretation of claims must be confirmed in writing within 48 hours. Transmit and receive every Âkit Party, claim the first contact point will transfer a single national and Central Secretariat via the contact point distributes the details about. 2. Claims: a) designated authority and those who request name there;
b) related laws, regulations and other legal provisions, including the nature of the topic or process;
c) Events and related transboundary crimes as a short summary;
d the nature of aid Desired;)
the reason for the request and information e) how to use;
f) if known, the identity of the persons on the issue, according to a document written in international names and addresses.
Article 9 Claims Fulfillment 1. Request the current authorities, to fulfil a claim all reasonable measures and, to this end, it provides the necessary safety precautions.
2. If a request does not meet the current authorities claim itself, its ediyormuşcasına claim to act on behalf of the fulfillment in accordance with the national legislation necessary for the initiative and returns information about it to the authority on request.
3. Request the referenced Party, control, monitoring, investigation, research to detect or is necessary for the fulfillment of such request, of expert witnesses, witnesses and transboundary crimes, including other individuals suspected of handling the questioning of investigation operations executes these transactions or if possible within the framework of the national legislation allows the authorities demanding execution.
4. to facilitate a concurrent activity and on request, in order to fulfill a demand, time and place of the action to be made, the claimant will be notified in advance to the authority.
5. On request, if possible, the current authorities and request in accordance with national legislation, the Authority officials, who demand the fulfillment of demand in their own countries in order to help you to be ready, gives authority to the fullest extent possible. 6. If national legislation the current authorities Demand pill, a particular method of monitoring consent request.
Article 10 Exceptions 1. The current Party, request help, sovereignty, security, public policy or other important national interests would violate national law and regulations to create an incompatibility or detection, help may not, or may refuse or help the fulfillment of certain conditions and can connect.
2. If the requesting authority when the current authorities demand a similar request will not be able to fulfill it, this issue draws attention to demand. Such a request is at the discretion of the current request, show the consent authority.
3. Request the referenced authority, an ongoing investigation, litigation or to intervene on the grounds that it may postpone the aid process. In this case, the request can be driven forward the current authorities, aid, subject to the conditions that he can be targeted to determine the requesting authority as consults.
4. in cases where A misconfiguration rather than demand, the claimant shall be informed immediately or request to be postponed or denied the authority of a statement about the reasons. To be followed in the future, subject to the conditions shall be notified to the authority on request.
Article 11 Charges 1. The parties, arising from the implementation of this agreement all compensation claims costs, expert witness fees, witnesses for expenses and the costs of non-government employees except for a translator and translation, normally they might give up.
2. If it is important for the fulfillment of the claim and I'm going to need exceptional nature expenditures required or is the demand for the authorities, which takes rather than in terms and conditions and how to determine the charge in the go1984 found in consulting.
The implementation of article 12 of the Agreement 1. With this agreement, the parties each party's designated representatives of the authorities and a joint Cooperation Committee will have a Committee votes was established in Bucharest. ICPO-Interpol and World Customs Organization (WCO) one representative from the Permanent Joint Cooperation Committee will serve as a consultant. Joint Cooperation Committee, jointly negotiated according to the agenda, the designated place and date, shall convene at least once a year.
2. The joint cooperation Committee, in addition to other considerations;
a) this agreement provides the means to handle it properly;
all of the problems arising from the implementation of the agreement, b);
c in accordance with the scope of this agreement to cooperate) take the necessary measures;
d) Future measures and the resources for common interests, including cooperation in every topic related to academia;
e) recommend solutions aimed to achieve Goals.
SECI Center is the highest institutional body 3 Joint Cooperation Committee agrees unanimously their içtüzüğünü.
4. Joint Cooperation Committee, SECI Center enabled the agreement and for the United Nations Economic Commission for Europe (UNECE), the United Nations Office for Drug control and crime prevention (UNODCCP), WCO, Interpol and Europol, as well as other relevant international organizations desk.
Article 13 relating to the fight against cross-border Crime of the Southeast European cooperation initiative Regional Centre (SECI Centre) 1. SECI Centre, Romania-Bucharest will be installed in.
2. SECI Center, will be considered by the parties as soon as possible and will be added to this agreement and will be included in the SECI Centre to combat Transboundary Crime special organization and Functioning in accordance with the activity to a Condition.
3. The joint cooperation Committee will be coordinated by the SECI Center activity.
Article 14 implementation of this Agreement will be applied on the territory of each State party Âkit.
Article 15 dispute resolution
With two or more Parties, or between a Central of the interpretation or application of this agreement between the parties to the Âkit concerning the case of a dispute, the relevant Parties in consultation and, if necessary, to examine the subject of the dispute and an appropriate offer Common Cooperation Committee to determine the action.
Article 16 entry into force and Expiry 1. The enactment of the agreement this Agreement, completion of the national procedures necessary for depozitere three Parties declared on the first day of the month after the date.
2. after the entry into force of this agreement for each participating SECI States that the agreement in question, the ratification, acceptance or accession state depozitere on the first day of the month after the reporting date.
SECI participating States to a State outside, giving permission to join this agreement after the entry into force of the decision, only those States participating in SECI can be taken unanimously. It states that the agreement in question to the State depozitere the ratification, acceptance or accession on the first day of the month after the reporting date.
3. The Government of Romania, as a depoziteri of this agreement. Depoziter in addition to the entry into force of this agreement, mentioned in the first and second paragraph shall inform the parties in respect of notifications.
4. a statement made by A Party depozitere this agreement can be pulled all the time; depoziter each Âkit Way forwards a copy of the approved this statement. Three months after the date of notification of the withdrawal. However, during the ongoing withdrawal transactions are completed in accordance with the provisions of this agreement.
Article 17 Amendments 1. These amendments may be recommended to any Tarafca. The proposed amendments, to be passed To depozitere.
2. The parties agree to accept the proposed changes to the present agreement as soon as depozitere.
3. adopted unanimously in accordance with the 2nd paragraph and changes will take effect in accordance with the 16th item.
4. Depozitere is an appeal concerning the proposed change has been declared and accepted changes will not apply.
This agreement has been prepared in the English language in the form of single copies of the actual text will forward a copy of each Side approved the Romania Government is entrusted to depoziter.
Countries which often operate with full authorized undersigned, sign this agreement.
Bucharest, Romania was signed May 26 in 1999.
Personal and Plenipotentiary Ambassador to Bucharest, h. e. Mr. Ministry of public works and Communications Deputy Minister Marko BELLO-Recica NUDZEIM Başsekreter-Ministry of Internal Affairs, Mr. Bojhidar Dimitrov POPOV Secretary General-the Ministry of Justice, Mr. Georgios ANDREOPOULOS Deputy Secretary of State-Ministry of Foreign Affairs, Mr. Rudolf JOO Undersecretary-Ministry of Interior W. Sena LJUFI Interior Minister h. e. Mr. Victor CATANA Councillor-Undersecretariat of customs Mr. Umba Interior Minister h. e. Mr. Constantin Dudu IONESCU of the SOUTHEAST EUROPEAN COOPERATION INITIATIVE for the FIGHT AGAINST TRANSBOUNDARY CRIME-SECI-REGIONAL Center ( SECI Center) SPECIAL ORGANIZATION and FUNCTIONING of the CHARTER 1. The CENTER'S OBJECTIVES: 1.1. SECI Center, participating States are among the active partners and participants in the State interagency working relationships develop.
1.2. The parties, exchange of information and documents through the liaison, in collaboration with the other appropriate activities stipulated in the agreement means determining transboundary crimes, prevention, investigation and try to fight them.
1.3. Transboundary crime, customs and criminal investigation carried out to help.
1.4. increase the effectiveness of cooperation in fight against crime in the region to identify, these are suggestions and work on.
1.5. to minimize unnecessary duplication of similar efforts and existing and developed various programs in order to maximize the impact of ICPO-Interpol and the World Customs Organization contact with coordination. 2. Central PARTICIPANT ACTIVITY: 2.1. SECIMerkezinin activity, SECI "Transboundary Cooperation Agreement to fight international criminal prevention and" coverage would be appropriate. 2.2. the SECI Center, ICPO-Interpol and the World Customs Organization and standard procedures for Joint Cooperation Committee has been accepted by, transboundary crime related to the agreed types of information transmission, storage, and analysis of reconsideration to investigate only a technical system.
2.3. SECIMerkezi will organize ad hoc working meetings and, where appropriate, and as long as no trauma inconsistent national legislation, demands, supports the operational activities within the participating countries. 2.4. the parties agree to the appointment of a liaison officer of the SECIMerkezine and will inform the Joint Cooperation Committee, the principal of the SECIMerkezi report in writing.
3. PERMANENT OBSERVERS: A Permanent Observer status, will be confirmed by the Joint Cooperation Committee.
4. The CENTRE'S status: SECI Center SECI Joint Cooperation Committee and the host country are organized in a deal between. This agreement, our staff and our privileges and imposition of the buildings to be provided by the host country with services will cover the security and other arrangements.
5. ORGANISATION and FUNCTIONING of the CENTRE: 5.1. Staff and structure to a two-year mandate to serve 5.1.1 common two-thirds majority of the parties to this agreement of cooperation Committee with a Manager from a country is selected, and that all personnel responsible for the Administration and organization of the Center. Manager, two-thirds of a second time by majority of votes for a two-year period, and the third with a two-year period for consensus decision-making may be reelected. The task of the principal's Office, a two-thirds majority of the Joint Cooperation Committee for a specific reason and may be terminated with.
5.1.2 Joint Cooperation Committee, the principal, in the case of SECI Center to coordinate strategic planning (vision, mission and performance standards).
5.1.3 Liaison officials (customs, police and border protection Attaché) participating countries by SECI Center or shop steward.
5.1.4 SECI Center's building and maintenance, provided by the host country. Auxiliary staff (technical and administrative) to the host country by a Member State and is provided by the appropriate. SECI Center's Financial contribution to the budget of 5.2 5.2.1 the responsibility of contributing to Joint Cooperation Committee shall be determined by the.
5.2.2 Additive system, budgetary planning and expenditure control are developed and approved by the Joint Cooperation Committee.
5.2.3 SECI Center Manager salary SECI Center budget is met. The aforementioned salary limits determined by the Joint Cooperation Committee. As the salary is paid to the sending country liaison officers.
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