On signing the Agreement between the Republic of Kazakhstan and the Republic of Cyprus on Legal Assistance in Criminal Matters

Decree of the President of the Republic of Kazakhstan dated July 20, 2022 No. 964

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 Agreement between the Republic of Kazakhstan and the Republic of Cyprus on legal assistance in criminal matters.

     2. To authorize the Prosecutor General of the Republic of Kazakhstan, Berik Asylov Nogaiuly, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Republic of Cyprus on legal assistance in criminal matters, 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 dated July 20, 2022 No. 964

Project

Agreement between the Republic of Kazakhstan and the Republic of Cyprus on Legal Assistance in Criminal Matters

     The Republic of Kazakhstan and the Republic of Cyprus, hereinafter referred to as the "Contracting States",

     Desiring to develop and strengthen cooperation in the fight against crime,

     We have agreed on the following:

Article 1 Basic provisions

     1. In accordance with the provisions of this Treaty and their national legislation, the Contracting States undertake to provide each other with the widest possible legal assistance in criminal matters, in respect of offences for which, at the time of requesting assistance, the punishment falls under the jurisdiction of the Requesting State.

     2. Such legal assistance includes:

     a) transfer and delivery of documents, subpoenas and items;

     b) determining the location and identification of the person and objects;

     (c) Receiving testimony and statements, including testimony via videoconference;

     (d) Conducting searches, seizure of evidence and confiscation;

     e) conducting examinations of documents or objects;

     (f) Exchange of information and evidence;

     (g) Any other forms of assistance provided for by the national legislation of the Requested Contracting State.

     3. This Treaty does not apply to arrests of persons, extradition of persons, transfer of convicted persons, and enforcement of sentences.

Article 2 Central authorities

     1. For the purposes of this Treaty, the central authorities designated by the Contracting States shall interact directly.

     2. The central authorities are:

     for the Republic of Kazakhstan:

     Supreme Court - for requests for legal assistance during court proceedings;

     The Prosecutor General's Office - for all other requests for legal assistance;

     For the Republic of Cyprus, the Ministry of Justice and Public Order.

     3. The Contracting States shall inform each other of any changes and additions regarding the central authorities through diplomatic channels.

Article 3 Form and content of requests for legal assistance

     1. The request shall be made in writing and must be certified and signed in accordance with the internal procedure of the Requesting Contracting State.

     2. A request for assistance should include the following:

     a) the name of the competent authority conducting the criminal case;

     (b) The purpose and description of evidence, information or other assistance;

     (c) Extracts from the provisions of national legislation, including provisions on the statute of limitations;

     (d) Where appropriate, details of the payments and compensations to which the person called to appear is entitled; and

     e) if necessary, information about the officials whose presence is required during the execution of the request.

     3. Whenever possible, the request should also contain:

     a) information about the identity and location of the person to whom the documents are to be served, their procedural status and the manner in which the service is to be performed;

     (b) Information on the identity and location of the person who is to testify or assist in the proceedings;

     c) information about the identity of the wanted person, objects or documents, the intended location of which must be established;

     (d) As accurate a description as possible of the place or person to be searched and the funds to be seized or confiscated;

     e) a description of the way in which any testimony or statements should be accepted and recorded;

     (f) A description of the requested testimony or statements, which may include a list of questions to be asked of the person being heard.;

     g) a description of the specific procedure to be followed when executing the request;

     h) Confidentiality requirements;

     (i) Any other information that may be provided to the Requested Contracting State to facilitate the execution of the request.

     4. Requests for assistance can be sent using operational means of communication, including fax or e-mail. The original request must be sent by mail. In emergency cases, central authorities can send requests through the International Criminal Police Organization (Interpol).

Article 4 Language

     1. The request and the necessary documents must be drawn up in the language of the Requesting Contracting State and accompanied by a translation into the language of the Requested Contracting State or into English.

     2. Responses to requests with attachments may be provided in the language of the Requested Contracting State or in English.

Article 5 Refusal to provide legal assistance

     1. The requested Contracting State may refuse to provide the requested legal assistance in whole or in part if:

     a) the conditions for the performance of certain types of legal assistance provided for in this Agreement have not been met;

     (b) The execution of the request poses a threat to the sovereignty, security, public order or other essential interests of the Requested Contracting State or is contrary to its national legislation;

     (c) The request concerns coercive measures that are contrary to the national legislation of the Requested Contracting State;

     (d) The request concerns an offence which the Requested State considers to be a political offence or an offence related to a political offence.

     2. In the case of a request for a search or seizure of property in accordance with subparagraph (d) of paragraph 2 of article 1, the request may be rejected if the offence to which it relates does not constitute a criminal offence in accordance with the national legislation of the Requested Contracting State.

     3. With respect to tax offences, a request may not be refused on the grounds that the law of the Requested Contracting State does not impose the same taxes or duties or does not contain taxes, duties, customs duties and currency regulations of the same type as the law of the Requesting Contracting State.

     4. Before refusing to execute a request, the central authority of the Requested Contracting State must consult with the central authority of the Requesting Contracting State on the possibility of providing assistance.

     5. Any refusal to provide legal assistance must be motivated.

Article 6 Execution of requests

     1. The requested Contracting State shall carry out the execution of the request in accordance with its national legislation. In exceptional cases, the Requested Contracting State may act in accordance with the procedure specified by the Requesting Contracting State, if this is not contrary to the national legislation of the Requested Contracting State.

     2. The requested Contracting State may postpone the execution of the request if such execution would interfere with the ongoing criminal proceedings conducted in its territory.

     3. Before postponing the provision of legal assistance, the Requested Contracting State, after consultation with the Requesting Contracting State, decides whether it can provide it in whole or in part, or under conditions it deems necessary.

     4. The decision to postpone the execution of the request must be reasoned and the Requested Contracting State must inform the Requesting Contracting State of the reasons for postponing the execution of the request.

     5. The requested Contracting State must comply with the request for assistance as soon as possible or, if possible, within the time period specified and justified by the Requesting Contracting State.

Article 7 Confidentiality

     1. The requesting Contracting State may require the Requested Contracting State to maintain confidentiality with respect to the request and its contents, except in cases where such confidentiality is incompatible with the execution of the request.

     If the Requested Contracting State is unable to ensure confidentiality, it shall immediately notify the Requesting Contracting State, which shall decide on the possibility of executing the request without regard to confidentiality.

     2. The requested Contracting State may require the Requesting Contracting State not to use any information or evidence obtained during the execution of the request in procedures other than those mentioned in the request, without the prior consent of the Requested Contracting State.

Article 8 Submission of documents and subpoenas

     1. The requested Contracting State shall carry out the delivery of documents and subpoenas that have been transmitted to it for this purpose by the Requesting Contracting State.

2. Upon delivery of the documents, the requested Contracting State must provide the Requesting Contracting State with a confirmation of delivery signed by the official and, if applicable, stamped by the authority that performed the delivery, indicating the date, place and method of delivery, if necessary, the time, as well as information about the person to whom the documents were delivered. If the service has not been performed, the Requested Contracting State shall immediately notify the Requesting Contracting State and inform it of the reasons for non-delivery.

     3. Subpoenas requiring the appearance of a witness or expert to the competent authorities of the Requesting Contracting State must be submitted to the requested Contracting State at least sixty (60) days before the scheduled appearance date. In case of emergency, the Contracting States may agree on a shorter period of time.

     4. A witness or expert who fails to appear before the competent authority of the Requesting Contracting State shall not be subjected to any punishment or measure of restraint, even if the summons contains a notification of possible punishment in case of non-appearance, until he subsequently voluntarily enters the territory of the Requesting Contracting State and is duly summoned there again.

Article 9The basis

     1. A witness or expert, regardless of his nationality, who appears on summons before the judicial authorities or other competent authorities of the Requesting Contracting State, may not be subjected to prosecution, detention or any other restriction of his personal freedom in the territory of the Requesting Contracting State in respect of actions or criminal records prior to his departure from the territory of the Requested Contracting State.

     2. The inviolability provided for in paragraph 1 of this Article shall be terminated if a witness or expert:

     a) does not leave the territory of the Requesting Contracting State within fifteen (15) days from the date on which he was officially informed that his presence was no longer necessary. However, this period does not include the period during which the said person has not left the territory of the Requesting Contracting State for reasons beyond his control.;

     (b) After leaving the territory of the Requesting Contracting State, he returned voluntarily.

Article 10 Location determination or identification of persons and objects

     1. Any Contracting State may request the other Contracting State to locate and identify persons who are to be brought before the competent authorities of the Requesting Contracting State and are believed to be present in the territory of the Requested Contracting State.

     2. Any Contracting State may request the other Contracting State to locate and identify the items or to apply any other measures that would allow the location and identification.

Article 11 Searches and seizures

     1. The requested Contracting State shall, to the extent permitted by its legislation, execute a request for the search, seizure and transfer of any objects and documents, provided that the request for legal assistance includes information justifying such actions.

     2. The requested Contracting State may require the Requesting Contracting State to agree to the conditions deemed necessary to protect the interests of third parties in the transfer of items or documents. If such consent is not obtained, the requested Contracting State may refuse the transfer.

Article 12 - Assistance in confiscation procedures

     1. The Contracting States, in accordance with their national legislation, will provide each other with legal assistance in the identification, detection, seizure and confiscation of objects, documents, financial assets and other proceeds of criminal activity.

     2. If it is known that the proceeds of criminal activity and instruments of crime, objects, documents or assets that are subject to seizure or confiscation are located in the territory of one Contracting State, the other Contracting State must be informed about this. The Contracting States will be informed of any known proceeds of crime and instruments of crime, as well as objects, documents or financial assets that are subject to seizure or confiscation in the territory of the other Contracting State.

     3. The transfer of proceeds from criminal activity and instruments of crime, objects and documents, as well as financial assets subject to seizure or confiscation, shall be carried out on agreed terms.

Article 13 Establishment of bank accounts and financial information

     1. The requested Contracting State may, in accordance with its national legislation, identify a natural or legal person who is involved in the crime committed and holds an account with a bank or other financial institution in its territory, and inform the Requesting Contracting State accordingly. Such information may also contain information about the users of these accounts, their location, as well as transactions.

     2. The assistance referred to in paragraph 1 of this article may not be refused on the basis of bank secrecy.

Article 14 Non-return of items and documents

     The items and documents transferred to the Requesting Contracting State upon execution of the request in accordance with this Treaty must be returned as soon as possible, unless the Requested Contracting State explicitly waives its right to return them.

Article 15 Transmission of additional information

     1. The Contracting States may, on their own initiative and in accordance with their national legislation, provide each other with any other information that would be useful to the other Contracting State.

     2. By providing such information, each Contracting State may impose restrictions on its use, which must be respected by the other Contracting State.

Article 16 Expenses

     1. In accordance with its national legislation, the requested Contracting State shall bear the costs associated with the execution of the request for legal assistance.

     2. The following costs shall be borne by the requesting Contracting State:

     (a) The costs of travel and stay of the persons referred to in subparagraph (e) of paragraph 2 of Article 3 of this Treaty in the territory of the Requested Contracting State;

     (b) Travel and accommodation expenses of the persons referred to in paragraph 3 of article 8 of this Treaty;

     (c) The costs of the examination, unless the Contracting States agree otherwise.

     3. If the execution of the request entails expenses of an extraordinary nature, the Contracting States may hold consultations with a view to allocating the costs associated with the execution of the request.

Article 17 Exemption from the legalization of documents, evidence and records

     Documents, evidence, and records submitted to provide legal assistance must be certified and signed by an official of the competent authority or central authority, in which case no further legalization or authentication is required.

Article 18The relationship of this Treaty with other international agreements

     This Treaty does not affect the rights and obligations of the Contracting States assumed in accordance with any international convention, treaty or agreement to which they are parties.

Article 19 Settlement of disputes and disagreements

     Any dispute arising during the application or interpretation of this Treaty shall be resolved through consultations and negotiations between the central authorities of the Contracting States.

Article 20 Final provisions

     1. This Treaty is subject to ratification.

     2. This Treaty shall be concluded for an indefinite period and shall enter into force on the date of receipt of the last notification through diplomatic channels that the Contracting States have completed the internal procedures necessary for its entry into force.

     3. This Treaty may be amended and supplemented by mutual agreement of the Contracting States, formalized by separate protocols, which are integral parts of this Treaty and enter into force in accordance with the procedure established by paragraph 2 of this Article.

     4. This Treaty shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt, through diplomatic channels, by one of the Contracting States of a written notification from the other Contracting State of its intention to terminate this Treaty.

     5. In the event of termination of this Agreement, the procedures for providing legal assistance that were initiated during its validity period remain in force until they are fully implemented.

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

     Committed in ________________ "_____" ______________ 20 ___ in two original copies each in Kazakh, Greek and English, with all texts they are equally authentic.

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

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For the Republic of Kazakhstan

For the Republic of Cyprus

President    

Republic of Kazakhstan     

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