Agreement between the Government of the Republic of Latvia and the Government of the Republic of Croatia  on Co-operation in Combating Terrorism, Illicit Drug Trafficking and Organised Crime

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

Desiring 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 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. In accordance with their national legislation and the provisions of the present Agreement, 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 refers to the territory of the country of the other Party.

Article 2

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

1. exchange information and data on the planned or committed acts of terrorism, participants in such an offence, the methods of the commission and the technical equipment used;

2. 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 is necessary for combating terrorism and suppressing crimes seriously threatening public safety.

3. exchange analytical and conceptual materials relating to terrorism;

4. periodically exchange technical experience and knowledge on the safety of air, ship and railway transport in order to improve the security standards at the airports, ports and railway stations.

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 shall:

1. inform each other of the data on persons involved in illegal production of and trafficking in narcotic drugs and psychotropic substances; on places of concealment, 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 the prevention or suppression of crimes seriously endangering public order;

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

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

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

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

6. on the basis of their national legislation, undertake co-ordinated 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 organised crime, the Parties shall:

1. inform each other of the data on persons involved in organised crime, the offenders connections, the structure of criminal organisations and groups, the specific offender and group attitude, the facts of the cases (especially the time, location and method of the offence), 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 the prevention or suppression of such crimes;

2. upon request, undertake police measures in accordance with the national legislation of the requested Party;

3. in the course of investigations, pursuant to the provisions of the present Agreement and their national legislation, co-operate through co-ordinated police measures and personnel, infrastructural and organisational support;

4. exchange data and experiences on methods of committing criminal acts and new forms of international crime;

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

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

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

8. if necessary, meet for consultations to prepare and promote co-ordinated 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 information on experiences and legislative provisions concerning aliens and illegal migration;

4. exchanging information necessary to the other Party for 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 and the Ministry of the Finance and on the part of the Republic of Croatia: the Ministry of the Interior, shall, within their powers and territory of competence, co-operate directly and practically, and may define the specific fields of their co-operation and the forms of communication in a Protocol.

2. If not otherwise agreed, English shall be used in communication and exchange of information between the co-operating authorities.

Article 7

Taking into consideration the national legislation in force in 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 request of the delivering Party, the receiving Party shall give information on the utilisation 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 organised crime. Data may be transferred to other authorities only with the previous permission of the delivering authority.

4. The delivering Party shall ensure the accuracy of the data to be delivered, as well as assess 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 respected, If it is proved that incorrect data or data under restriction has also been 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 persons, whose personal data have been used, the Parties shall give information to them about their 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 the data in accordance with the national legislation of its country. Nevertheless, the personal data delivered must be cancelled when its 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 cancelled 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 unauthorised 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 it in so far as they are required on the basis of the national legislation of the country of the Party supplying it.

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 diplomatic channels.

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

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 do not affect the implementation of provisions of other bilateral or multilateral international treaties concluded by the Republic of Latvia or the Republic of Croatia.

Article 12

This Agreement shall enter into force on the thirtieth day following the day in which the last written notification is received through diplomatic channels that all the preconditions required by the internal legislation of the Parties have been fulfilled for entering into force of this Agreement.

This Agreement shall remain in force for an indefinite period, but either Party may denounce it at any time by written notification through diplomatic channels.

The denunciation shall take effect six months after the receipt of the instrument of denunciation by the other Party.

Done at Zagreb on the 23 day of February ___ in two originals, in the Latvian, Croatian and English languages, each of them being equally authentic. In case of any divergence in interpretation of the present Agreement, the English text shall prevail.