AGREEMENT between the Government of the Republic of Latvia and the Government of the Republic of Hungary on Co-operation in Combating Terrorism, Illicit Drug Trafficking and Organized Crime

The Government of the Republic of Latvia and the Government of the Republic of Hungary (hereinafter referred to as “the Parties”).

Guided by the endeavor to contribute to the development of their bilateral relations;

Convinced of the substantial importance of the co–operation in combating and effectively preventing crime, especially the organized crime, illicit drug trafficking and terrorism;

Aiming to increase their joint efforts for combating terrorism;

Desiring to harmonize their actions against internationally organized crime;

Taking into consideration the relevant international treaties;

Have agreed as follows:

Article 1

1. Taking into consideration their national legislation, the Parties shall co–operate in combating, prevention and prosecution of terrorism, illicit drug trafficking and organized crime.

2. The Parties shall co–operate especially in cases wherein crimes or their preparations are carried out on the territory of the country of one of the Parties, and data obtained refer to the territory of the country of the other Party.

Article 2

For combating terrorism, the Parties, on the basis of their national legislation, as well as pursuant to the provisions of the present Agreement

1. shall exchange information and data on the planned or committed acts of terrorism, those who participate in such an offense, the methods of the commission and the technical equipment used;

2. shall exchange information and data on terrorist groups and the members of the groups planning, committing or having committed their acts on the territory of the country and to the disadvantage of the other Party, as well as information and data which are necessary for combating terrorism and suppressing crimes seriously threatening the public safety.

Article 3

For the suppression of illicit cultivation, production, extraction, export, import, transit of and illegal trafficking in narcotic drugs, psychotropic substances and precursors, the Parties, on the basis of their national legislation

1. shall inform other of the data on persons involved in illegal production of and trafficking in narcotic drugs psychotropic substances; on hiding places, means of transport and working methods of these persons; on the place of origin and destination of the narcotic drugs and psychotropic substances, as well as of any other relevant details of such crimes, in so far as these are necessary for prevention or suppression of crimes seriously endangering the public order;

2. shall inform each other of their information on the usual methods of illicit international trafficking, and of other relevant facts;

3. shall exchange the results of their criminalistic and criminological research on trafficking in and abuse of narcotic drugs;

4. shall put at each other's disposal samples of narcotic drugs and psychotropic substances of natural or synthetic origin usable for abuse;

5. shall exchange their experiences in controlling the legal trade of narcotic drugs, psychotropic substances and precursors with special regard to the possible misuses;

6. shall, on the basis of their national legislation, take coordinated police measures for the prevention of illegal production of illicit narcotic drugs and psychotropic substances.

Article 4

Co-operating in the detection and suppression of crime, especially the organized crime, the Parties

1. shall inform each other of the data on persons involved in organized crime, the offenders connections, the structure of criminal organizations and groups, the specific offender and group attitude, the facts of the cases (especially the time, location and method of the offense), the attacked facilities, the description of the criminal laws violated, the measures taken, as well as any other relevant details, in so far as these are necessary for prevention or suppression of such crimes;

2. shall, upon request, take police measures authorized by the national legislation of the requested Party;

3. in the course of investigations shall, pursuant to the provisions of the present Agreement and the national legislation of the Parties, co-operate with each other with coordinated police measures and personnel, infrastructural and organizational support;

4. shall exchange data and experiences on methods of commission and new forms of international crime;

5. shall exchange the results of their criminalistic, criminological and other relevant criminal researches. Shall mutually inform each other of their experiences on investigations and application of their working methods and equipment in order to improve them;

6. shall, upon request, put at each other's disposal information on and samples of objects resulting from criminal acts or used for committing crimes;

7. shall exchange, in order to promote the combat against organized crime, specialists for joint or mutual and retraining for obtaining expertise of higher level and for studying mutually the modern achievements of criminal technics as well as the equipment and methods used in combating crime;

8. shall, if necessary, meet for consultations to prepare and promote the coordinated measures.

Article 5

Furthermore, the co-operation between the Parties shall cover

1. exchanging information on legislative provisions concerning the criminal acts described in the present Agreement;

2. exchanging information on incomes originating from criminal acts;

3. exchanging experiences and legislative provisions concerning aliens and illegal migration;

4. exchanging information necessary for the other Party in combating man—smuggling or illegal trade of labour force.

Article 6

1. In order to implement the provisions of the present Agreement, the competent authorities of the parties, on the part of the Republic of Latvia: the Ministry of Interior, the Ministry of Finance, on the Part of the Republic of Hungary: the Ministry of the Interior, the Ministry of Social Welfare, the National Headquarters of Police, the National Headquarters of Customs and Finance Guard, the National Headquarters of Border Guard and the Minister without portfolio in charge of the National Security Service shall, within their powers and territory of competence, co-operate with each other directly and practically, and may specify the definite fields of their co-operation and the forms of communication in Protocol.

2. In the absence of other agreement, English is used in communication and exchange of information between the co-operating authorities.

Article 7

Taking into consideration the national legislation in force of the country of each Party, for the protection of personal data delivered in the course of the co-operation, the following conditions shall be valid:

1. The receiving Party may use the data solely for the purpose and under the conditions determined by the delivering Party.

2. Upon the request of the delivering Party, the receiving Party shall give information on the utilization of the data delivered and the results thus achieved.

3. Personal data may be forwarded solely to the law enforcement forces and other competent authorities combating terrorism, drug related and organized crime. Data may be transferred to other authorities only with the previous permission of the delivering authority.

4.The delivering Party shall make sure of the accuracy of the data to be delivered, as well as of whether the delivery is necessary, and corresponds its purpose. Besides, the restrictions on the delivery of data determined by the national laws of the country of the other Party shall also be kept. If it is proved that incorrect or data under restriction were also delivered, the receiving Party shall immediately be informed. The receiving Party shall make the necessary correction or immediately destroy the data under restriction.

5. Upon the request of the person entitled, the Parties shall give information for him about his record and about the planned use of this record. The obligation to give this information does not apply if the legislative provisions of the country concerned do not make it obligatory. Upon furnishing information on personal data, the national legislation of the country of the Party delivering the data shall prevail.

6. In delivering the data, the delivering Party shall indicate the deadlines for cancellation of these data in accordance with the national legislation of its country. Nevertheless, the personal data delivered must be canceled when their necessity ceases to exist. Each Party shall immediately notify the other Party of the cancellation of the received data and of the reason of the cancellation. The received data shall be canceled upon termination of the present Agreement.

7. Both Parties shall keep a register of the delivery, receipt and cancellation of personal data.

8. The Parties shall protect effectively the personal data delivered against unauthorized access, change and publication.

Article 8

1. The Parties shall keep the secrecy of data classified by any of the Parties as confidential in accordance with the national legislation of the country of the Party supplying them in so far as they are required as such on basis of the national legislation of the country of the Party supplying them.

2. Documents, data and technical equipment delivered pursuant to the present Agreement can be transferred to a third country only with the approval of the competent authority of the delivering Party.

Article 9

1. In order to promote and survey the co-operation pursuant to the present Agreement, the Parties shall set up a Joint Commission. The Parties shall notify each other of their members designated to the Joint Commission through the diplomatic channels.

2. The Joint Commission shall hold meeting at least once a year. Either Party may initiate, if necessary, additional meetings. The Commission holds its meetings alternately in the Republic of Latvia and the Republic of Hungary.

Article 10

Either Party may deny in whole or in part or may condition to comply with the request for assistance or co-operation in case this request harms its national sovereignty, endangers its security or basic interests.

Article 11

The provisions of the present Agreement does not affect the implementation of provisions of other bilateral or multilateral international treaties concluded by the Republic of Latvia or the Republic of Hungary.

Article 12

1. The present Agreement shall be subject to approval. This Agreement shall enter into force on the thirtieth day following the date of the exchange of diplomatic notes confirming its approval in accordance with the legal procedures in the two countries.

2. The present Agreement shall remain in force for an indefinite period. Either Party may terminate the present Agreement through the diplomatic channels. The Agreement shall cease to have effect six months after the date of the receipt of such declaration by the other Party.

Done at Riga on the 6th day of March 1997 in duplicate in the Latvian, Hungarian and English languages, all of which are authentic and have the same legal force.

In case of any disagreement in interpretation, the English text shall prevail.

On behalf of the Government of the Republic of Latvia Dainis Turlais Minister of Interior

On behalf of the Government of the Republic of Hungary Gabor Vilagoshy Political State Secretary of the Ministry of Interior