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AGREEMENT BETWEEN THE REPUBLIC OF LATVIA AND THE KINGDOM OF SPAIN ON COOPERATION IN COMBATING TERRORISM, ORGANISED CRIME, ILLICIT TRAFFIC IN NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSORS AND OTHER CRIME
The Republic of Latvia and the Kingdom of Spain, hereinafter referred to as "the Parties",
Recognising the importance of deepening and developing co-operation to combat terrorism, organised crime illicit traffic in narcotic drugs, psychotropic substances and precursors and other crime;
Guided by the principles of equality, reciprocity and mutual assistance;
Have agreed as follows:
Article 1
1. The Parties, pursuant to the legislation of both Parties and to this Agreement, shall co-operate in combating crime, especially in its organised forms.
2. The Parties shall collaborate in combating criminal acts, in particular:
a) terrorism;
b) crimes against the life and integrity of persons and property;
c) illicit traffic of narcotic drugs and psychotropic substances, as well as the raw materials and precursors for the manufacture thereof;
d) illegal immigration and traffic in human beings;
e) kidnappings;
f) forgery (printing, alteration) and illegal use of identity documents (passports, visas and motor vehicle papers);
g) smuggling;
h) money laundering stemming from criminal activities;
i) forgery (printing, alteration) and fraudulent distribution of currency, means of payment, cheques and securities;
j) the theft of and unlawful trade in motor vehicles and connected criminal activities;
k) illegal traffic in weapons, ammunition, explosives, strategic raw materials (nuclear and radioactive materials), as well as other generally dangerous substances and dual-use goods and technologies;
l) unlawful traffic in cultural assets of historical value and works of art;
m) financial offences, including tax evasion;
n) organised forms of crime against sexual freedom, especially those connected with minors, as well as the printing, dissemination and supplying of pornographic materials with the participation of minors;
o) offences committed through computer systems;
p) offences against natural resources and the environment.
3. The Parties shall likewise collaborate in combating any other kind of crime whose prevention, detection and investigation require the co-operation of the competent bodies of both Parties.
Article 2
1. Collaboration between the Parties, within the framework of combating criminal acts referred to in Article 1, shall include information exchange and the providing of assistance in the operational activity of investigation into:
a) the identification of and search for persons who have disappeared;
b) the investigation of and search for persons who have committed or are suspected of having committed offences in the territory of either of the Parties that are responsible for investigating them, and their accomplices;
c) the identification of corpses and of persons of interest to the police;
d) the search in the territory of one of the Parties for objects, effects or instruments involved in crime or used in the commission thereof, at the request of the other Party;
e) the financing of criminal activities.
2. The Parties shall also co-operate in:
a) information exchange and the necessary help for escorting convicted persons under the Convention on the Transfer of Sentenced Persons of 21 March 1983;
b) information exchange and the necessary help for moving radioactive, explosive and toxic substances as well as weapons;
c) information exchange and mutual collaboration in conducting controlled deliveries of narcotic and psychotropic substances;
d) information exchange and the necessary help for the transfer or transit of deported persons or those refused entry.
Article 3
In order to achieve the co-operation aims, the Parties shall:
a) inform each other reciprocally on the investigations under way into the different forms of organised crime, including terrorism and connections, structure and methods thereof;
b) carry out co-ordinated actions and mutually assist each other under the complementary agreements signed by the competent bodies;
c) inform each other of the methods and new forms of international crime;
d) inform each other the results of criminal and criminological investigations carried out, as well as reciprocal information on investigation techniques and methods for combating international crime;
e) whenever necessary, work meetings shall be held to prepare and assist in the carrying out of co-ordinated measures.
Article 4
The Parties shall collaborate in the fields covered by this Agreement, through:
a) information exchange on the general situation and the crime trends in their respective States;
b) discussion of their experience in the use of criminal technology, as well as of the methods and means of criminal investigation, the exchange of leaflets, publications and the results of scientific research in the fields covered by this Agreement;
c) information exchange related to combating terrorism, crime and protecting public security;
d) technical and scientific assistance, expert inspections and the lending of specialised technical equipment;
e) discussion of experiences and exchanges of experts and consultations;
f) co-operation in the field of vocational training;
g) information exchange on legislation of the Parties with regard to offences referred to in this Agreement.
Article 5
This Agreement shall not affect issues relative to the provision of judicial assistance in criminal trials and extradition matters.
Article 6
The bodies responsible for the practical implementation of the Agreement are:
on the part of the Republic of Latvia: the Ministry of the Interior;
on the part of the Kingdom of Spain: the Ministry of the Interior and, within the scope of its competencies, the Ministry of Finance.
Article 7
1. Information exchange and requests for the carrying out of activities provided under this Agreement shall be referred in writing directly to the competent bodies or through attachés or liaison officers. To this end, the Parties shall inform each other of the appointment of the latter.
In urgent cases, the competent bodies may provide advance information orally in order to comply with this Agreement, and confirm the formalities in writing immediately thereafter.
2. Requests for information exchange or for the carrying out of activities provided under this Agreement shall be effected by the competent bodies within the shortest possible time.
3. Each Party covers its own expenses with regard to the implementation of this Agreement, unless Parties agree otherwise.
Article 8
1. Either of the Parties may refuse, totally or partially, to meet, or lay down conditions in respect of complying with a request for aid or information if it considers that meeting the request represents a threat to the sovereignty or security thereof or that it is in contradiction with the basic principles of the legal system thereof or with other essential interests of the Party.
2. The competent body of the requesting Party shall be informed about the cause of the refusal.
Article 9
1. Information exchange between the Parties pursuant to this Agreement shall be carried out on the following terms:
a) the requesting Party may use the information solely for the purpose and according to the terms determined by the requested Party, taking into consideration the deadline after the elapse of which it must be destroyed, in accordance with its domestic legislation;
b) at the request of the requested Party, the requesting Party shall provide information about the use of the data that have been given to it and about the results achieved;
c) if it were to happen that it has been given incorrect or incomplete data, the requested Party shall notify the requesting Party without delay;
d) each of the Parties shall keep a record of the reports on data provided and their destruction;
e) the Parties shall ensure protection of the data provided against unauthorised access, alteration, publication or dissemination, in accordance with their domestic law;
f) likewise, the Parties hereby undertake not to assign the personal data, to which this Article refers, to any third party whatsoever other than the body making the request pertaining to the requesting Party or, in the event the latter were to effect the request, the data may only by transferred to some of bodies referred to in Article 6 and prior authorisation of the requested Party.
2. Either Party may adduce, at any time whatsoever, non-compliance, on the part of the requesting Party with the provisions of this Article as a cause to immediately suspend the application the application of this Agreement and, in the event, to automatically rescind it.
Article 10
1. The Parties shall set up a Joint Committee to carry out and supervise the co-operation regulated under this Agreement. The competent bodies shall notify each other in writing about the representatives whom they have appointed as members of the Joint Committee.
2. The Joint Committee shall meet, in ordinary session, once a year and, extraordinarily, provided either Party so request, subject to the date, place and agenda to be agreed via the diplomatic channels.
3. Except by special agreement between the Parties, meetings shall be held alternatively in Latvia and Spain. Meetings shall be chaired by the Head of the Delegation of the Party where such meeting is held.
Article 11
Any disputes arising from the interpretation or the implementation of this Agreement shall be settled by means of negotiations between the Parties.
Article 12
The provisions of this Agreement shall not affect the fulfilment of the provisions of other bilateral or multilateral international agreements or commitments entered into by the Republic of Latvia and the Kingdom of Spain.
Article 13
This Agreement shall be applied provisionally thirty days as of the date of its signing and shall enter into force the last day of the month following the date of receipt of the last written notification whereby the Parties inform each other that they have met the requirements of their domestic law necessary for the entry into force of this Agreement.
Article 14
It is hereby stipulated that this Agreement shall remain in force for an indefinite time and shall continue to be valid as long as it is not denounced by either of the Parties through diplomatic channels. In the latter case, it shall cease to be valid six months after receipt by either of the Parties of the note of denunciation.
IN WITNESS AND TESTIMONY WHEREOF, the representatives of both States, duly authorised for such purposes by their respective Governments, sign the present Agreement.
Done in Madrid on 24 November 2003 in two copies each in Latvian, Spanish and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
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For the Republic of Latvia Māris Gulbis Minister of the Interior |
For the Kingdom of Spain Ángel Acebes Paniagua Minister of the Interior |
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