(1) Tekst Sporazuma između vlada država učesnica BSEC (Organizacije za crnomorsku ekonomsku saradnju) o saradnji u borbi protiv kriminala, naročito organizovanih oblika, Dodatnog protokola Sporazumu između vlada država članica BSEC o saradnji u borbi protiv kriminala, naročito organizovanih oblika i Dodatnog protokola o borbi protiv terorizma koji se odnosi na Sporazum između vlada učesnica crnomorske ekonomske saradnje u borbi protiv kriminala, naročito njegovih organizovanih oblika, u originalu na engleskom jeziku i u prevodu na srpski jezik, glasi:
(2) AGREEMENT AMONG THE GOVERNMENTS OF THE BLACK SEA ECONOMIC COOPERATION PARTICIPATING STATES ON COOPERATION IN COMBATING CRIME,
(3) IN PARTICULAR IN ITS ORGANIZED FORMS
(4) The Governments of the Black Sea Economic Cooperation (BSEC) Participating States: the Republic of Albania, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Bulgaria, Georgia, the Hellenic Republic, the Republic of Moldova, Romania, the Russian Federation, the Republic of Turkey, Ukraine, hereinafter referred to as “The Parties”,
(5) Recognizing that national and international crime, in all its forms, poses a serious threat to the health, security and welfare of human beings, and adversely affect the economic, cultural and political foundations of society, being deeply concerned about the scale and trends of crime development, in general, Noting that there are cases of growing linkage between international illicit trafficking in narcotic drugs and psychotropic substances, terrorism and organized crime,
(6) Taking into consideration the provisions of the United Nations documents in the sphere of crime prevention and control, in particular concerning organized crime, illicit traffic of narcotic drugs and psychotropic substances, weapons and radioactive materials, all acts of terrorism as well as criminal activities related to migration,
(7) Taking into consideration the provisions of the Bucharest Statement of the high level Meeting of the BSEC Participating States of 30 June 1995, the Recommendations of the Parliamentary Assembly of BSEC (PABSEC) 15/1996 of 12 June 1996 on cooperation among the PABSEC Member Countries, on combating organized crime, the Joint Statement of the First Meeting of the Ministers of Internal Affairs of the BSEC Participating States, of 17 October 1996, in Yerevan, that was approved by the Heads of Countries and Governments of BSEC Participating States, on 25 October 1996, in Moscow, and the Joint Declaration of the Second Meeting of the Ministers of Internal Affairs in Istanbul, on 22 October 1997, paying great attention to international cooperation in the sphere of combating crime and willing to render mutual assistance in this sphere as wide and effective as possible within the appropriate adherence to generally recognized human rights and freedoms.
(8) Emphasizing the need that every effort to combat crime should take into account the relative activities taking place at a global and regional level, proceeding on the basis of the principles of equality and mutual benefit, respecting international agreements and national legislations existing in the BSEC Participating States, and without prejudice to their previous commitments based on bilateral and multilateral agreements with third States, Have agreed as follows:
(9) Article 1
(10) Areas of Cooperation
(11) 1. The Parties shall cooperate for the prevention, suppression, detection, disclosure and investigation of crimes, and in particular of:
(12) - acts of terrorism;
(13) - organized crime;
(14) - illicit cultivation, production, manufacture and trafficking in narcotic drugs and psychotropic substances;
(15) - illicit manufacture, illicit trade and use of precursors and essential chemicals for the illegal production of narcotic drugs and psychotropic substances
(16) - illegal trafficking in weapons, including biological, chemical and radiological weapons, ammunition, explosives, nuclear and radioactive materials, as well as poisonous substances;
(17) - international illegal economic activities and legalization of proceeds (money laundering) deriving from criminal activities, suspicious economic and banking transactions and abuses in the investment field;
(18) - smuggling;
(19) - criminal activities related to migration, illegal crossing of borders and illegal trafficking in human beings;
(20) - sexual exploitation of women and minors or children;
(21) - counterfeiting and forgery of banknotes, credit cards, documents, securities and other values, as well as any kind of identity documents;
(22) - violent crimes against human life and property;
(23) - illicit trafficking in items of historic and cultural heritage, works of art, precious stones and metals, intellectual property, as well as any other valuable items;
(24) - corruption;
(25) - ecological crime;
(26) - high-tech crime, including computer crime;
(27) - kidnapping and trade of human organs;
(28) - maritime crime (maritime fraud, piracy etc.);
(29) - theft and illegal trafficking in vehicles.
(30) 2. The Parties shall also cooperate in the following fields:
(31) - education, training and skill enhancement of personnel;
(32) - cooperation in cultural, sport and social fields through the exchange of delegations;
(33) - carrying out scientific research for the purpose of combating crime and of developing information systems, communication means and special equipment;
(34) - cooperation in other areas of mutual interest, with the aim of controlling criminality in general, and preventing crime, such as the detection of missing persons, stolen or lost items, and the identification of corpses.
(35) Article 2
(36) Forms of Cooperation
(37) 1. Cooperation among the Parties may be achieved in particular through:
(38) - exchange of information and experience in the fields of common interest;
(39) - exchange of information for the prevention and suppression of any form of transnational crime, in particular all acts of terrorism, organized crime, illicit traffic of narcotic drugs and psychotropic substances, weapons and radioactive materials, criminal activities related to migration, including information as to individuals and criminal networks involved in the transnational crime;
(40) - planning and adoption of coordinated actions against criminal networks;
(41) - search of individuals escaping from criminal prosecution or execution of sentences, as well as those reported missing;
(42) - exchange of information concerning new types of crime, methods and forms of prevention, suppression, detection and investigation of them;
(43) - assistance in detecting suspicious economic and banking transactions, including those related to the legalization of criminal proceeds;
(44) - exchange of experience on the use of scientific and technological methods and means for criminological and forensic researches, especially in the areas of investigation, detection and control of narcotic drugs, psychotropic substances and precursors, in accordance with the international law;
(45) - exchange of information concerning methods used for transportation, concealment and distribution of narcotic drugs and psychotropic substances;
(46) - taking necessary legal, administrative and security measures at their borders in order to prevent smuggling, especially in narcotic drugs and psychotropic substances;
(47) - exchange of information about new types of narcotic drugs and psychotropic substances which appear in illegal trafficking, manufacturing technology and substances used hereto, as well as new methods of research used in the analysis and identification of narcotic drugs and psychotropic substances;
(48) - exchange of information regarding cases of links of illicit trafficking in drugs and psychotropic substances with terrorism and organized crime;
(49) - exchange of information, knowledge and experience in the field of border controls, and in the field of material and technical support of the competent control services, for the purpose of detecting forged travel documents, and of preventing the illegal entry of suspect persons involved in criminal and especially terrorist acts, as well as criminal activities related to migration;
(50) - exchange of working experience including upgrading courses, consultations, seminars and training courses;
(51) - exchange of statistical data, as well as national legal texts and provisions, brochures, publications and results of scientific researches in fields covered by this Agreement;
(52) - organization of meetings of experts within the framework of their competence, whenever they agree that it is necessary to deal with urgent and special matters of common interest;
(53) - search and return, in accordance with national legislation, of stolen objects having numbers or specific marks, including cultural and historical values, vehicles and firearms, as well as numbered securities and passports (identity documents);
(54) - exchange of information about citizens of the States of the other Parties who have been convicted of crimes committed in the territories of their States, as well as individuals who are under investigation.
(55) Article 3
(56) Controlled Deliveries
(57) 1 The Parties shall assure, in line with their national legislation and international obligations, the necessary conditions for carrying out controlled deliveries of narcotic drugs and psychotropic substances as well as precursors used for their production.
(58) 2 The Parties shall consider the possibility of applying the method of controlled delivery to other objects being in illicit traffic.
(59) 3 The Parties shall endeavour to harmonize their legislation and practices, in order to be mutually compatible to the necessary extent, to initiate and carry out effectively controlled deliveries.
(60) Article 4
(61) Means of Cooperation
(62) 1 The Parties shall cooperate in combating crime through their competent authorities, in accordance with the provisions of this Agreement, subject to the legislation and international obligations of their States.
(63) 2 The Parties shall determine their competent authorities and/or contact points through which direct communication is ensured and if necessary shall exchange liaison officers.
(64) 3 Each Party shall submit to the Depository a list of its competent authorities and/or contact points within a two month period following the entry into force of this Agreement. The Parties shall inform the Depository of any changes in their lists of competent authorities and/or contact points.
(65) Article 5
(66) Request for Cooperation
(67) 1 Cooperation, within the framework of this Agreement, shall be carried out on the basis of requests for cooperation submitted by the competent authorities of the interested Parties.
(68) 2 Requests for cooperation shall be submitted in writing. In emergency cases, requests may be submitted verbally, but a confirmation in writing should follow within the next three days using, inter alia, technical means of communication.
(69) 3 Each Party may, totally or partially, reject a request for cooperation, if the compliance with the request for cooperation endangers the sovereignty, security, public order or other essential interests of its State, or if it is contrary to the legislation or to the international obligations of its State. The rejection of a request for cooperation is served in writing to the requesting Party without delay.
(70) 4 The competent authorities of the Parties shall take all the appropriate measures to ensure the prompt and complete compliance with the request for cooperation.
(71) Article 6
(72) Working Group
(73) The Parties shall establish a Working Group in order to examine the ways of implementing and promoting cooperation on the basis of this Agreement, and, inter alia, to submit recommendations with regard to the need of additional protocols to this Agreement or new international agreements, as well as to the need to create common institutions of cooperation in the sphere of combating crime.
(74) Article 7
(75) Languages
(76) In order to ensure the cooperation in the framework of this Agreement, the competent authorities of the Parties shall use the English language during the written procedure, the English and Russian language in the oral procedure, unless the Parties have mutually agreed otherwise.
(77) Article 8
(78) Expenses
(79) Each Party shall independently bear expenses arising in the course of the implementation of this Agreement, unless decided otherwise in each particular case.
(80) Article 9
(81) Implementation of this Agreement
(82) 1. The implementation of this Agreement is subject to the legislation of the State of each Party.
(83) 2. This Agreement shall not hinder the fulfillment of other international obligations of the Parties.
(84) 3. The information and documents obtained in accordance with this Agreement shall be kept confidential when so requested and be used in compliance with the purposes to be determined by the delivering Party. The documents and information obtained under this Agreement shall not be transmitted to a third party without the prior authorization of the providing Party.
(85) 4. Disputable questions which may arise in connection with the interpretation or implementation of the provisions of this Agreement shall be resolved by the Parties concerned, through consultations, according to the relevant rules of the international law.
(86) Article 10
(87) Final Provisions
(88) 1. The Permanent International Secretariat (PERMIS) shall be the Depository of this Agreement. The original of this Agreement in a single copy in the English language shall be deposited with the PERMIS which shall transmit a certified copy to each Party.
(89) 2. This Agreement shall enter into force on the thirtieth day following the date on which the third document of ratification or approval is deposited with the PERMIS.
(90) 3. For each Party, ratifying or approving this Agreement, after the deposition of the third document of ratification or approval, this Agreement shall enter into force, on the thirtieth day after the date of the deposition of the document of ratification or approval by this Party.
(91) 4. Any Party may withdraw from this Agreement by formal notification to the PERMIS. Withdrawal shall take effect within three months after the date on which the withdrawal notification is received by the PERMIS.
(92) 5 Any Party may propose an amendment to this Agreement. Such amendment shall be accepted upon the consent of all the Parties and shall enter into force in accordance with paragraphs 2 and 3 of this Article.
(93) IN WITNESS THEREOF, the undersigned, being duly authorized to that effect, have signed this Agreement
(94) Done in Corfu/Greece, on this second day of October one thousand nine hundred ninety eight
(95) For the Government of the Republic of Albania
(96) For the Government of the Republic of Armenia
(97) For the Government of the Republic of Azerbaijan
(98) For the Government of the Republic of Bulgaria
(99) For the Government of Georgia
(100) For the Government of the Hellenic Republic
(101) For the Government of the Republic of Moldova
(102) For the Government of Romania
(103) For the Government of the Russian Federation
(104) For the Government of the Republic of Turkey
(105) For the Government of Ukraine
(106) The Agreement entered into force on 4 October 1999.
(107) ADDITIONAL PROTOCOL TO THE AGREEMENT AMONG THE GOVERNMENTS OF THE BLACK SEA ECONOMIC
(108) COOPERATION PARTICIPATING STATES
(109) ON COOPERATION IN COMBATING CRIME,
(110) IN PARTICULAR IN ITS ORGANIZED FORMS
(111) PREAMBLE
(112) The Governments of the Black Sea Economic Cooperation (BSEC) Member States - Parties to the present Additional Protocol, hereinafter referred to as “the Parties”, according to the provisions of Articles 2, 4, 6 and 10 point of the Article 5 of the Agreement among the Governments of the Black Sea Economic Cooperation Participating States on Cooperation in Combating Crime, in particular in its Organized Forms, signed in Kerkyra on October 2nd 1998, hereinafter referred to as “the BSEC Agreement”, conscious of the growing role and importance of the regional initiatives with regard to cooperation in the field of combating crime, reiterating their determination to achieve through joint efforts the constant improvement of the implementation of the provisions of the BSEC Agreement, with a view to securing the due level of coordination of cooperation between the authorities of the Member States, have agreed as follows:
(113) Article 1
(114) Establishment of a Network of Liaison Officers
(115) The Parties shall set up the BSEC Network of Liaison Officers on Combating Crime, hereinafter referred to as “the Network”, consisting of liaison officers appointed by Member States, as their representatives.
(116) Article 2
(117) Objectives
(118) The objectives of the Network are as follows:
(119) 1. To enhance the cooperation in the field of crime control and provide for coordination of interaction between the competent bodies of the Parties;
(120) 2. To establish an information exchange network among the Law Enforcement Bodies of the Member States to effectively fight against crimes and criminals in accordance with the BSEC Agreement.
(121) Article 3
(122) Tasks and Functions
(123) The Liaison Officers of the Network have the following tasks and functions:
(124) 1. To send the requests forwarded by other Liaison Officers to their respective countries for urgent cases in one day and for the other cases in three days, in accordance with the provisions of Article 5 of the BSEC Agreement;
(125) 2. To send the required information to the Parties upon their requests in accordance with the provisions of Article 9 of the BSEC Agreement;
(126) 3. To meet periodically to consider the trends of transnational crime in the region in order to identify new forms of cooperation among the Law Enforcement Agencies of the BSEC Member States;
(127) 4. To report and propose to the respective bodies the ways of further enhancing cooperation;
(128) 5. To facilitate the exchange of legislative documents and practical experience among the Law Enforcement Agencies of the BSEC Member States in the field of combating transnational crime;
(129) Article 4
(130) Status of the Network within the BSEC
(131) The Network is a cooperation group in the sphere of combating crime, established in conformity with the provisions of Article 6 of the BSEC Agreement.
(132) Article 5
(133) Venue of the Meetings of the Network
(134) The Network shall hold its meetings at the BSEC Permanent International Secretariat premises, unless it is otherwise decided upon the initiative of the BSEC Chairman-in-Office.
(135) Article 6
(136) Organization and Operation
(137) 1. The Network will operate in accordance with the BSEC Charter and Rules of Procedure, as well as the provisions of the BSEC Agreement.
(138) 2. Each BSEC Member State, Party to the present Additional Protocol, shall appoint a Liaison Officer and his/her Alternate to the Network.
(139) 3. In order to appoint or to withdraw Liaison Officers to the Network, the Parties will notify the BSEC Permanent International Secretariat in order to inform all Member States.
(140) 4. The Network shall meet periodically, at least once a year.
(141) 5. The Network will fulfill its tasks under the authority of the Working Group on Cooperation in Combating Crime, in particular in its organized forms and report to it.
(142) Article 7
(143) Expenses
(144) All expenses of the Liaison Officers related to the implementation of the provisions of the present Additional Protocol will be met by the sending Party.
(145) Article 8
(146) National Contact Points
(147) Parties will determine a national point of contact inside their national law enforcement authorities, preferably dealing with international cooperation (Interpol, SECI Center for Combating Transborder Crime, etc.).
(148) Article 9
(149) Protection of Information and Personal Data
(150) 1. Information obtained under this Additional Protocol shall be afforded the same degree of confidentiality by the requesting authority that applies to similar information in custody.
(151) 2. Without prejudice to the relevant international commitments of the BSEC Member States - Parties to the BSEC Agreement and to the present Additional Protocol, personal data received under the present Additional Protocol will have protection at least equivalent to that afforded by the supplying Party.
(152) Article 10
(153) Observers and Guests
(154) 1. Representatives of the BSEC Observer States may attend the work of the Network, in accordance with the BSEC Charter and Rules of Procedure.
(155) 2. Relevant international institutions or agencies may be invited to the meetings of the Network.
(156) Article 11
(157) Final Provisions
(158) 1. The present Additional Protocol shall be open for signature or accession by any BSEC Member State.
(159) 2. The BSEC Permanent International Secretariat shall be the Depository of this Additional Protocol. The original of the present Additional Protocol in a single copy in the English language shall be deposited with the Permanent International Secretariat, which shall transmit a certified copy to each Party.
(160) 3. The present Additional Protocol shall enter into force on the thirtieth day following the date, on which the third document of ratification or approval is deposited with the BSEC Permanent International Secretariat.
(161) 4. For each Party, ratifying or approving the present Additional Protocol, after the deposition of the third document of ratification or approval, the present Additional Protocol shall enter into force, on the thirtieth day after the date of the deposition of the document of ratification or approval by this Party.
(162) 5. Any Party may withdraw from the present Additional Protocol by formal notification to the BSEC Permanent International Secretariat. Withdrawal shall take effect within three months after the date on which the withdrawal notification is received by the Permanent International Secretariat.
(163) 6. Any Party may propose amendments to the present Additional Protocol. The amendments shall be accepted upon the consent of all the Parties and shall enter into force in accordance with paragraphs 3 and 4 of the present Article.
(164) 7. Two years from the entry into force of the present Additional Protocol, the Parties will proceed to an interim review of the results yielded by the implementation of the provisions of the present Additional Protocol. A final evaluation will be made four years after its entry into force, with a view to agreeing on the necessary measures for further improvement of the cooperation.
(165) Done in Kyiv, on this fifthteenth day of March two thousand two.
(166) For the Government of the Republic of Albania
(167) For the Government of the Republic of Armenia
(168) For the Government of the Republic of Azerbaijan
(169) For the Government of the Republic of Bulgaria
(170) For the Government of Georgia
(171) For the Government of the Hellenic Republic
(172) For the Government of the Republic of Moldova
(173) For the Government of Romania
(174) For the Government of the Russian Federation
(175) For the Government of the Republic of Turkey
(176) For the Government of Ukraine
(177) ADDITIONAL PROTOCOL ON COMBATING TERRORISM TO THE AGREEMENT AMONG THE GOVERNMENTS
(178) OF THE BLACK SEA ECONOMIC COOPERATION
(179) PARTICIPATING STATES ON COOPERATION
(180) IN COMBATING CRIME, IN PARTICULAR
(181) IN ITS ORGANIZED FORMS
(182) PREAMBLE
(183) The Governments of the Organization of the Black Sea Economic Cooperation (BSEC) Member States: the Republic of Albania, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Bulgaria, Georgia, the Hellenic Republic, the Republic of Moldova, Romania, the Russian Federation, Serbia and Montenegro, the Republic of Turkey, Ukraine hereinafter referred to as “The Parties”;
(184) Being Contracting Parties to the Agreement among the Governments of the Black Sea Economic Cooperation Participating States on Cooperation in Combating Crime, in particular in its Organized Forms, signed in Kerkyra on October 2nd 1998, called shortly “the BSEC Agreement”;
(185) Following the provisions of the BSEC Charter, the Istanbul Decennial Summit Declaration, the Statement of the Fifth Meeting of the Council of Ministers of Foreign Affairs of the BSEC Member States, dated October 26th 2001, as well as the Statement of the Council of Ministers of Foreign Affairs of the BSEC Member States on the BSEC Contribution to Security and Stability, dated June 25th 2004, which severely condemn international terrorism as a global threat to peace and security;
(186) Conscious that terrorism in all its forms and manifestations poses a serious threat to international peace and security, political, economic and social stability of the Parties, to their territorial integrity and safety of the BSEC Member States, as well as to the development of friendly and good neighborhood relations and bilateral and multilateral cooperation between the States of the Black Sea Region;
(187) Taking into consideration the provisions of the United Nations documents on combating terrorism and fully supporting the Security Council Resolutions in this field, in particular Resolution 1373;
(188) Underlining that the fight against terrorism must be conducted in full respect of the rule of law and human rights;
(189) Confirming their unambiguous support to the universal principles of international law;
(190) Have agreed upon the following:
(191) Article 1
(192) For the aims of the present Additional Protocol terrorism means those crimes stipulated in the United Nations Conventions and Protocols on combating terrorism.
(193) Article 2
(194) The Parties shall cooperate for the prevention, detection, suppression, disclosure and investigation of acts of terrorism on the basis of the BSEC Agreement and the present Additional Protocol, and in accordance with the internal legislation, as well as with the international commitments of their States.
(195) Article 3
(196) 1. The Parties shall determine their competent authority(ies) and/or contact point(s) through which direct communication is ensured.
(197) 2. Each Party shall submit to the Depositary a list of the names and coordinates of its competent authority(ies) and contact point(s) within a two-month period following the entry into force of the present Additional Protocol for that Party. The Parties shall inform the Depositary of any changes in this list.
(198) Article 4
(199) 1. In order to implement the present Additional Protocol, the Parties shall interact in accordance with Article 5 of the BSEC Agreement and the Additional Protocol to the BSEC Agreement, done in Kyiv on 15 March 2002.
(200) 2. If necessary, the Parties may set up urgent communication lines, conduct regular or extraordinary meetings and consultations.
(201) Article 5
(202) Within the framework of the BSEC Agreement and the present Additional Protocol the Parties shall exchange information of mutual interest, in particular to:
(203) a) acts of terrorism planned and directed against state leadership, persons being under international protection, members of the diplomatic missions and consulates, officials of international inter-governmental organizations, against participants of state visits, as well as of national/international events and against other officials and civilians;
(204) b) terrorist organizations, groups and persons posing threat to the security of their States, as well as contacts between such terrorist organizations, groups and persons;
(205) c) terrorist attempts and actions aimed against the sovereignty and territorial integrity of the Parties’ States;
(206) d) acts of terrorism and threats of committing such acts in the territory of the Parties States, against economic, technological and ecological units and facilities of vital importance.
(207) e) terrorist organizations and groups acting in the territory of the Parties States, their tactics and methods, leaders, members, as well as to the persons involved in and/or supporting the activities of such groups or organizations;
(208) f) organizations and institutions supporting terrorism, mechanisms, extensions and directions of such support ;
(209) g) illicit trafficking of weapons, including ammunition, explosive substances and devices, nuclear and radioactive materials and sources, chemical and biological weapons and their components, committed by organized criminal groupings and persons, channels used for their illegal transportation through the territory of the Parties’ States;
(210) h) detected and suspected sources and channels of financial, logistical or other kinds of material support to terrorist organizations and groups;
(211) i) practice and legislation on counter- terrorism.
(212) Article 6
(213) The Parties shall work out and conduct close cooperation, in particular to:
(214) a) suppression of the preparation and perpetration of acts of terrorism, as well as of the providing to terrorists with any form of support, including financial;
(215) b) deny safe havens to those who finance, plan, support or commit acts of terrorism;
(216) c) disclosure and suppression of the places where training of terrorists, planning and preparing of acts of terrorism are conducted, if the concrete evidences are submitted;
(217) d) prevention of the movement and suppression of travel routes of terrorists and terrorist groups;
(218) e) detection and identification of the structures used by terrorist groups or organizations for covering their activities;
(219) f) prevention, disclosure and suppression of financial support, delivery of weapons and ammunitions, explosive substances and devices, nuclear and radioactive materials and sources, chemical and biological weapons and their components as well as granting any assistance to any persons and organizations for planning, preparing and committing acts of terrorism. The Parties shall notify each other of the results of the cooperative actions.
(220) Article 7
(221) The Parties shall take all the necessary measures to prevent preparation of acts of terrorism in the territory of their own states, when those acts of terrorism are to be committed in the territory of the States of the other Parties, as well as to deny asylum to those who have planned, facilitated or participated in the perpetration of acts of terrorism.
(222) Article 8
(223) The Parties may cooperate to enhance the implementation of the present Additional Protocol in the following forms:
(224) a) education, training and skill enhancement of personnel;
(225) b) exchange of information and experiences concerning the use of scientific and technological methods for criminal researches;
(226) c) conducting joint trainings, seminars consultations and scientific researches;
(227) d) exchange of relevant internal legislation, analytical and statistical data;
(228) e) and other forms provided for in the BSEC Agreement.
(229) Article 9
(230) 1. The information and documents obtained under the present Additional Protocol shall be afforded the same degree of confidentiality by the requesting Party that applies to similar information of the requested Party.
(231) 2. The information and documents obtained under the present Additional Protocol as well as information on methods of investigation and tactics of applying of special equipment or/and materials shall not be transmitted to a third party without the prior authorization of the providing Party.
(232) 3. The information or results of the compliance with the request obtained from another Party on basis of the present Additional Protocol may not be used for purposes other than those they were requested or submitted for without prior authorization in writing of the providing Party.
(233) 4. Delivery and protection of classified information shall be conducted by the Parties in accordance with their national legislation and/or relevant international agreements.
(234) 5. Without prejudice to the relevant international commitments of the BSEC Member States
(235) - parties to the BSEC Agreement and to the present Additional Protocol, personal data received under the present Additional Protocol will have protection at least equivalent to that afforded by the supplying Party.
(236) Article 10
(237) Each Party shall independently bear expenses arising in the course of the implementation of the present Additional Protocol, unless mutually decided otherwise in each particular case.
(238) Article 11
(239) In order to ensure the cooperation in the framework of the present Additional Protocol, theParties shall use the English language during the written procedure, the English and Russian language in the oral procedure, unless the Parties have mutually agreed otherwise.
(240) Article 12
(241) 1. The implementation of the present Additional Protocol is subject to the legislation of the State of each Party.
(242) 2. The present Additional Protocol shall not hinder the other international obligations of the States of the Parties.
(243) 3. Disputable questions which may arise in connection with the interpretation or implementation of the present Additional Protocol shall be resolved by the Parties concerned, through consultations and negotiations, according to the relevant rules of international law.
(244) Article 13
(245) 1. The BSEC Permanent International Secretariat (PERMIS) shall be the Depositary of the present Additional Protocol.
(246) 2. The original of the present Additional Protocol in a single copy in the English language shall be deposited with the BSEC PERMIS, which shall transmit a certified copy to each Party.
(247) 3. The BSEC PERMIS shall inform the BSEC Member States of:
(248) a) each act of signature;
(249) b) the submission of each instrument of ratification, acceptance, approval or accession;
(250) c) each date of entry of the present Additional Protocol into force in accordance with Article15 of the present Additional Protocol;
(251) d) any other act or document of notification related to the present Additional Protocol.
(252) Article 14
(253) 1. The present Additional Protocol shall be open for signature by any BSEC Member State.
(254) 2. The Party which has signed the present Additional Protocol may not become party to it, if it does not become party to the BSEC Agreement.
(255) 3. The present Additional Protocol is subject to ratification, acceptance, approval or accession.
(256) 4. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
(257) Article 15
(258) 1. The present Additional Protocol shall enter into force on the thirtieth day following the date on which the third instrument of ratification, acceptance, approval or accession is deposited with the BSEC PERMIS.
(259) 2. For each Party, which ratifies, accepts, approves or accedes to the present Additional Protocol after the date of its entry into force, the present Additional Protocol shall enter into force on the thirtieth day after the date of the deposit by that Party of its respective instruments.
(260) Article 16
(261) 1. Each Party may propose amendments to the present Additional Protocol.
(262) 2. Such amendments shall be accepted upon the consent of all the Parties and shall enter into force in accordance with paragraphs 3 and 4 of Article 14 and with Article 15 of the present Additional Protocol.
(263) Article 17
(264) Each party may withdraw from or denounce of the present Additional Protocol by formal notification to the BSEC PERMIS. The withdrawal or denunciation shall take effect within three months after the date on which the withdrawal or denunciation notification is received by the BSEC PERMIS.
(265) IN WITNESS THEREOF, the undersigned, being duly authorized to that effect, have signed the present Additional Protocol.
(266) Done in Athens/Greece on this third day of December two thousand four in a single copy in English language.
(267) For the Government of the Republic of Albania
(268) For the Government of the Republic of Armenia
(269) For the Government of the Republic of Azerbaijan
(270) For the Government of the Republic of Bulgaria
(271) For the Government of Georgia
(272) For the Government of the Hellenic Republic
(273) For the Government of the Republic of Moldova
(274) For the Government of Romania For the Government of the Russian Federation
(275) For the Government of Serbia and Montenegro
(276) For the Government of the Republic of Turkey
(277) For the Government of Ukraine
(278) Sporazum
(279) između
(280) vlada država učesnica BSEC (Organizacije za crnomorsku ekonomsku saradnju) o saradnji u borbi protiv kriminala, naročito organizovanih oblika
(281) Vlade država učesnica crnomorske ekonomske saradnje (CES): Republika Albanija, Republika Jermenija, Republika Azerbejdžan, Republika Bugarska, Gruzija, Republika Grčka, Republika Moldavija, Rumunija, Ruska Federacija, Republika Turska, Ukrajina, u daljem tekstu „Strane”,
(282) Uviđajući da nacionalni i međunarodni kriminal, u svim svojim oblicima, predstavlja ozbiljnu pretnju po zdravlje, bezbednost i dobrobit ljudi, i štetno utiče na ekonomske, kulturne i političke temelje društva; budući duboko zabrinute zbog obima i pravaca u kojima se razvija kriminal uopšte; primećujući da postoje primeri sve jačeg povezivanja međunarodne nedozvoljene trgovine opojnim drogama i psihotropnim supstancama, terorizma i organizovanog kriminala,
(283) Uzimajući u obzir odredbe dokumenata Ujedinjenih nacija u domenu sprečavanja i kontrole kriminala, naročito onih koji se tiču organizovanog kriminala, nedozvoljene trgovine opojnim drogama i psihotropnim supstancama, oružjem i radioaktivnim materijalima, svih terorističkih akata kao i kriminalnih aktivnosti u vezi sa migracijama,
(284) Uzimajući u obzir odredbe Bukureštanske izjave sa sastanka na visokom nivou država učesnica CES-a od 30. juna 1995. godine, Preporuke Parlamentarne skupštine CES-a (PSCES) 15/1996 od 12. juna 1996. godine o saradnji između država članica PSCES u borbi protiv organizovanog kriminala, Zajedničku izjavu sa prvog sastanka ministara unutrašnjih poslova država učesnica CES-a od 17. oktobra 1996. godine, u Jerevanu, koju su usvojili šefovi država i vlada država učesnica CES-a, 25. oktobra 1996. godine u Moskvi i Zajedničku deklaraciju sa drugog sastanka ministara unutrašnjih poslova u Istambulu, 22. oktobra 1997. godine; posvećujući veliku pažnju međunarodnoj saradnji u domenu borbe protiv kriminala i spremne da pruže što širu i delotvorniju uzajamnu pomoć u ovom domenu pridržavajući se na odgovarajući način opšte priznatih ljudskih prava i sloboda,
(285) Naglašavajući potrebu da svaki napor u borbi protiv kriminala treba da uzme u obzir aktivnosti u vezi sa tim koje se odvijaju na globalnom i regionalnom nivou, a na osnovu principa jednakosti i uzajamne koristi, uz poštovanje međunarodnih sporazuma i nacionalnih zakonodavstava koji postoje u državama učesnicama CES-a, i bez štete po njihove prethodne obaveze koje proističu iz bilateralnih i multilateralnih sporazuma sa trećim državama, složile su se kako sledi: