On the signing of the Extradition Treaty between the Republic of Kazakhstan and the Dominican Republic

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Decree of the President of the Republic of Kazakhstan dated December 12, 2020 No. 471.

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "on international treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft Extradition Treaty between the Republic of Kazakhstan and the Dominican Republic.

2. To authorize the Prosecutor General of the Republic of Kazakhstan, Nurdauletov Gizat Daurenbekovich, to sign on behalf of the Republic of Kazakhstan an extradition Treaty between the Republic of Kazakhstan and the Dominican Republic, authorizing amendments and additions that are not fundamental.

3. This Decree shall enter into force from the date of signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on December 12, 2020 No. 471

Project plan

EXTRADITION TREATY BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE DOMINICAN REPUBLIC

The Republic of Kazakhstan and the Dominican Republic, hereinafter referred to as the "Parties",

Desiring to promote effective cooperation between the Parties in combating crime on the basis of mutual respect for sovereignty and equality,

about the following:

ARTICLE 1 OBLIGATION OF EXTRADITION

The Parties undertake, in accordance with the terms of this Agreement, to mutually extradite any person located on their territory who is wanted for the purpose of criminal prosecution or the enforcement of a court verdict that has entered into legal force for extraditable crimes.

ARTICLE 2 EXTRADITABLE OFFENCES

1. For the purposes of this Treaty, extraditable offences are those acts which, in accordance with the national criminal legislation of both parties, are criminally punishable and for which the penalty is imprisonment for a term of one (1) year or more.

2. If the extradition request relates to a person who is wanted for the execution of a court sentence of imprisonment for any extraditable offence, the person may be extradited only if the term of imprisonment to be served is six (6) months or more.

3. Extradition is carried out for a crime in the form of an act or omission constituting a crime, even if its qualification and sanction are not mutually identical in the legal systems of the Parties.

4. If the crime was committed outside the territory of the Prohibiting Party, extradition is carried out on condition that the national legislation of the Prohibiting Party provides for criminal prosecution for crimes committed outside its territory under the same circumstances.

5. If the extradition request relates to two or more crimes, each of which is punishable in accordance with the national legislation of both Parties, but some of them do not contain the features provided for in paragraphs 1 and 2 of this Article, the Prohibiting Party has the right to authorize extradition in respect of all crimes.

ARTICLE 3 GROUNDS FOR REFUSAL OF EXTRADITION

1. Extradition must be refused in any of the following circumstances:

(a) The requested Party considers that the offence for which the request is made is a political offence;

(b) The requested Party has substantial grounds to believe that the extradition request is directed for a common criminal offence for the purpose of criminalizing or punishing a person on the basis of race, religion, nationality, nationality, gender, social status, ethnicity, political beliefs, or the position of that Person may be Questioned in connection with such facts.;

(c) Under national law, an offence committed by the Requesting Party for which extradition has been requested is punishable by death, unless the Requesting Party provides the Requested Party with sufficient guarantees that the death penalty will not be imposed on the person sought and, if so, will not be carried out.;

(d) According to national legislation, criminal prosecution cannot be initiated by one of the Parties, a sentence cannot be imposed or a punishment cannot be carried out due to the expiration of the statute of limitations.;

e) in respect of a person whose extradition is prohibited, a court verdict has been passed in the territory of the Prohibited Party for the same act, which has entered into legal force, or the criminal proceedings against him have been definitively terminated, reinstated, or the charges against him have been definitively discontinued.;

(f) The person against whom an extradition request has been received has been granted asylum by the Requested Party;

(g) The requested Party considers that the extradition of the person may prejudice its sovereignty, national security, public order or other existing interests, or is contrary to its national legislation or international obligations;

(h) In the case of an act relating to military offences that are not crimes under ordinary criminal law, in respect of which extradition is prohibited, in accordance with the national legislation of the Prohibited Party.

2. The extradition of a person may be refused in any of the following circumstances:

a) if the crime for which extradition is requested was committed in the territory of the Prohibited Party and falls under its jurisdiction, and the wanted person is under investigation and will be prosecuted by the competent authorities of the Prohibited Party for the same crime for which extradition was requested.;

(b) If the Requested Party, taking into account the gravity of the crime and the interests of the Requesting Party, considers that the extradition of the person would be incompatible with humanity due to the age, state of health or other personal circumstances of the person sought. In this case, instead of refusing to extradite the person, the Requested Party has the right to delay extradition until the reasons for believing that extradition will not have serious consequences for the wanted person are clarified.

ARTICLE 4THE EXTRADITION OF OWN CITIZENS

1. The requested Party is not obliged to extradite a person who is a national of the Requested Party. However, the competent authority of the Requested Party, subject to compliance with the relevant legislation of that party, has the right, at its discretion, to extradite a citizen of its party, if deemed appropriate. In this case, the Parties should always act strictly according to the principle of reciprocity.

2. In case of refusal to extradite its national, the Requesting Party, at the request of the Requesting Party, must subject that person to criminal prosecution in accordance with its national legislation. For this purpose, the Requesting Party, through the central authorities specified in article 5 of this Treaty, shall provide the criminal case, evidence and any other documents and information at its disposal.

3. The requested Party shall promptly inform the Requesting Party of the actions taken on such request, of the outcome of the proceedings in the case or of the adoption of a final procedural decision.

ARTICLE 5 CENTRAL AUTHORITIES

1. For the purposes of this Agreement, the central authorities designated by the Parties shall interact with each other directly or through diplomatic channels.

2. The central authorities are:

For the Republic of Kazakhstan – the Prosecutor General's Office;

for the Dominican Republic – the Office of the Attorney General of the Republic, the Prosecutor's Office (Department of International Legal Assistance and Extradition).

3. In case of any changes related to the central authorities, the Parties notify each other through diplomatic channels.

ARTICLE 6 REQUEST FOR EXTRADITION

1. An extradition request must be made in writing, submitted through diplomatic channels, and contain the following:

a) first and last name, date of birth, gender, nationality, information about the identity document and any other information that may contribute to the identification of the wanted person and his location, as well as, if available, identification data, photographs and fingerprints;

(b) Information on the circumstances of the crime in connection with which the extradition request was sent, indicating the date and place of its commission;

(c) The text of the relevant law defining the offence for which extradition has been requested and prescribing penalties for it;

(d) The text of the relevant law relating to the limitation of the time of criminal prosecution or execution of punishment;

(e) Where appropriate, the text of the relevant law providing for the jurisdiction of the Requesting Party for a crime that has been committed outside its territory.

2. In addition to the provisions of paragraph 1 of this article, an extradition request must be accompanied by:

a) copies certified by the competent authority of the Requesting Party of the decision on the qualification of the suspect's act, the indictment and the court's decision on arrest, if the request is related to criminal prosecution;

b) a copy of the court verdict that has entered into legal force, a certificate confirming the completion and cancellation of parts of the sentence, established by the competent authority of the Requesting Party, if the request is related to the enforcement of the court verdict.

3. If a person has been convicted in absentia, extradition may be carried out if the Requesting Party provides the Requested Party with guarantees that the person has the right to review the court's verdict in absentia in order to ensure his right to defense.

ARTICLE 7 ADDITIONAL INFORMATION

1. If the information accompanying the extradition request provided by the Requesting Party is insufficient for the Requesting Party to make a decision in accordance with this Treaty, the Requested Party has the right to request additional information. The requested additional information must be provided within forty-five (45) days from the date of receipt of such request.

2. If the wanted person is in custody and the requested additional information is not received within the time period specified in paragraph 1 of this article, the person may be released. However, such release should not prevent the re-arrest and extradition of the wanted person if additional information becomes available in the future.

3. If a person is released in accordance with paragraph 2 of this article, the Requested Party must notify the Requesting Party as soon as possible.

ARTICLE 8THE PERMISSIBILITY OF DOCUMENTS

1. Documents certified by central or competent authorities must be acceptable in the procedure of extradition of a wanted person without further certification, authentication and legalization.

2. The request for extradition of the wanted person and the necessary documents must be drawn up in the language of the Requesting Party and accompanied by a certified translation into the language of the Requested Party or into English.

ARTICLE 9 RESOLUTION ON EXTRADITION REQUEST

1. The requesting Party shall take a decision on the extradition request in accordance with the provisions of this Treaty and its national legislation, immediately informing the Requesting Party of its decision through diplomatic channels.

2. If the Requested Party rejects the extradition request, such a decision must be justified.

3. In case of refusal of extradition on formal grounds, the Requesting Party has the right to send a second request for extradition. When sending such an extradition request, these formalities must be taken into account.

4. The prohibiting party has the right to satisfy, in accordance with its national legislation, the extradition requirement if the wanted person voluntarily consents to extradition to the competent authorities of the Prohibiting Party. However, such consent cannot be subsequently revoked.

ARTICLE 10 SPECIAL RULE

1. A person extradited in accordance with this Treaty may not be subjected to criminal prosecution, conviction, or punishment or any other measure of restriction of liberty for any other crime committed prior to his extradition, except in cases where the Requested Party consents to this.

2. Paragraph 1 of this article does not apply in the following cases::

a) if the crime was committed after extradition;

(b) If the extradited person has left the territory of the Requesting Party after extradition and returned voluntarily;

c) if the expelled person has not left the territory of the Locking Party within thirty (30) days from the moment when he had the opportunity to do so. However, this period does not include the time during which the above-mentioned person did not leave the territory of the Locking Party for reasons beyond his control.

3. Without the consent of the Requesting Party, the Requesting Party may not extradite or transfer a person extradited in accordance with this Treaty to a third State for any crime committed prior to his extradition.

ARTICLE 11 ARREST FOR THE PURPOSE OF EXTRADITION

1. Upon an arrest request from the Requesting Party, the wanted person may be arrested before receiving an extradition request.

2. An arrest request may be sent directly between the central authorities or with the assistance of the International Criminal Police Organization (Interpol). An arrest request can be transmitted using technical means of communication. The original request must be sent simultaneously through diplomatic channels.

3. The request for arrest must contain:

a) a description of the wanted person, including identification and nationality information;

b) if known, information about his whereabouts;

(d) Applicable provisions of the criminal law;

(e) A statement of the existence of a court decision or an arrest warrant in respect of the wanted person; and

(f) Guarantees that the extradition request for the wanted person will be submitted as soon as possible.

4. The requesting Party is obliged to immediately inform the Requesting Party of the results of the examination of the request for arrest.

5. If, after sixty (60) days from the date of the person's arrest, the central authority of the Requested Party has not received an extradition request, the arrested person shall be released. However, such release of a person should not prevent re-arrest and extradition if the Requested Party subsequently receives an extradition request.

ARTICLE 12 REQUESTS FOR EXTRADITION FROM SEVERAL STATES

1. If the Requested Party receives requests for extradition against the same person from two or more States, including the Requesting Party, for the same or for different crimes, the Requested Party determines which State the person has been extradited to.

2. When making a decision in accordance with paragraph 1 of this Article, the Prohibiting Party must take into account all the circumstances and in particular:

a) have the requests been sent on the basis of international treaties;

(b) The place and time of the commission of the crime;

(d) The severity of the offences;

e) the nationality of the wanted person;

(f) The possibility of subsequent extradition between the prohibiting States; and

(g) Chronological order of receipt of requests from requesting States

ARTICLE 13 TRANSFER OF THE EXTRADITED PERSON

1. If the extradition request is granted, the Parties will immediately agree on the date, place and other relevant conditions related to extradition. The requesting party is informed of the length of the period during which the wanted person was detained for the purpose of extradition, and this time is included in the total sentence.

2. The time period for the transfer of the extradited person was thirty (30) days from the date when the Requesting Party received the decision on the extradition request.

3. If, during the period specified in paragraph 2 of this Article, the Requesting Party does not accept the extradited person, the Requested Party shall immediately release that person and have the right to reject a new extradition request against that person for the same offence, except in the case provided for in paragraph 4 of this Article.

4. In case of unforeseen or force majeure circumstances preventing the transfer or acceptance of the extradited person, the central authorities of the Parties must agree on a new date and other necessary conditions for the transfer.

5. If, after the transfer, the extradited person has absconded from criminal prosecution or evaded the execution of a court verdict and returned to the territory of the Requested Party, this person may be re-extradited on the basis of a new extradition request clarifying the situation. In this case, it is not necessary to submit the documents listed in Article 6 of this Treaty to the request for extradition.

ARTICLE 14 DELAY OF EXTRADITION OR TEMPORARY EXTRADITION

1. If the wanted person is being prosecuted or is serving a sentence for committing a crime other than the one for which extradition is prohibited, the Requested Party has the right, after making a decision on the extradition of the person, to delay his transfer until the end of the proceedings or until the full execution of the sentence. In the event of such a delay, the Requested Party shall immediately notify the Requesting Party.

2. If the postponement of extradition may significantly complicate the investigation of the case or lead to the expiration of the statute of limitations, at the request of the Requesting Party, the Requested Party has the right to extradite the wanted person on mutually agreed terms. A person who has been temporarily extradited must be held in custody while in the territory of the Requesting Party and returned to the Requested Party within the agreed time limit. The time of the person's detention is counted in the total period of execution of the court's verdict by the Requested party.

3. The transfer of the extradited person may also be postponed when, due to the state of health of the person, it may endanger his life or worsen his state of health. In this case, the Requesting Party must provide the Requesting Party with a detailed medical report issued by its competent medical institution.

ARTICLE 15 WITHDRAWAL AND TRANSFER OF OBJECTS AND DOCUMENTS

1. At the request of the Requesting Party, the Requested Party must, in accordance with its national legislation, seize, confiscate and transfer any items and documents found on its territory that were obtained as a result of the commission of a crime or may serve as evidence. In this case, the items and documents are transferred to the Requesting Party, if possible, during the transfer of the extradited person.

2. In order to conduct other criminal proceedings, the prohibiting party has the right to temporarily delay the transfer of the items and documents specified in paragraph 1 of this article, or to transfer them on the terms of return.

3. The transfer of seized or confiscated items and documents to the Requesting Party shall be carried out without prejudice to the rights of the Requested Party or third parties. At the request of the Requested Party, the Requesting Party shall immediately and free of charge return the received items and documents in proportion to the rights of these parties to such property within one (1) month after the conclusion of the proceedings, unless otherwise agreed by the Parties.

ARTICLE 16TRANSIT

1. The parties, in accordance with their national legislation and without prejudice to their interests, have the right to allow transit through their territory of persons expelled by the other party to a third State.

2. To do this, the Requesting Party shall send to the Requested Party, through the central authorities or, in particularly urgent cases, through the International Criminal Police Organization (Interpol), a transit request containing the identification data of the person being transported, information about his nationality and a summary of the circumstances of the case. The transit request is accompanied by a copy of the document confirming the person's extradition.

3. The requested Party must detain the person being transported in its territory.

4. A transit permit is not required if it is carried out by air and landing on the territory of the Transit Party is not planned. In the event of an unplanned landing on the territory of the Transit Party, the Requesting Party shall immediately notify the transit Party, which must detain the person being transported for up to fifteen (15) days pending a transit request.

5. If the transit request is not received within the time period specified in paragraph 4 of this Article, the person is subject to release, unless otherwise agreed by the Parties.

ARTICLE 17 EXPENSES

1. The costs associated with the implementation of this Agreement shall be borne by the Party in whose territory they arose, in accordance with its national legislation.

2. The expenses related to transit are borne by the Filling Party.

3. The expenses related to the detention of a person during his transit transportation shall be borne by the Requested Party.

ARTICLE 18 INFORMING ABOUT THE RESULTS

The requesting Party shall provide the Requested Party with information on the criminal prosecution, judicial proceedings, or the execution of a court sentence against the extradited person, or information on the re-extradition of the extradited person to a third State.

ARTICLE 19THE RELATIONSHIP OF THIS TREATY WITH OTHER INTERNATIONAL AGREEMENTS

This Agreement does not affect the rights and obligations of the parties arising from any international agreements to which they are parties.

ARTICLE 20REGULATION OF DISCREPANCIES

Any differences arising during the application or interpretation of this Treaty shall be resolved through consultations and negotiations through diplomatic channels.

ARTICLE 21 FINAL PROVISIONS

1. This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.

2. The Parties may make changes and additions to this Agreement by mutual agreement. Such amendments and additions are an integral part of the Agreement and are formalized in separate protocols, which enter into force in accordance with the procedure provided for in paragraph 1 of this article.

3. Either Party has the right to terminate this Agreement. The termination shall take effect upon the expiration of one hundred and eighty (180) days from the date of receipt by one of the parties through diplomatic channels of a written notification from the other party.

4. In the event of termination of this Agreement, the extradition procedures initiated during its validity period shall remain in force until they are fully implemented.

5. This Treaty also applies to crimes committed before and after its entry into force.

IN WITNESS whereof, the undersigned, being duly authorized thereto, have signed this Agreement.

To clarify the situation _____________ ___ __________ 20__ in two copies, each in Kazakh, Spanish and English, all texts being authentic.

In case of discrepancies in the interpretation of the provisions of this Agreement, the English text shall prevail.

Getting dirty

FOR THE REPUBLIC OF KAZAKHSTAN

FOR THE DOMINICAN REPUBLIC

President

Republic of Kazakhstan

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