A G R E E M E N T
Between the Republic of Armenia and the State of Kuwait On mutual legal assistance in criminal matters
The Republic of Armenia and the State of Kuwait, hereinafter referred to as the “Parties”,
Recognizing the existing friendly relations and cooperation between the Parties;
Desiring to strengthen the legal basis of providing mutual legal assistance in criminal matters;
Acting in accordance with their legislation and also respecting generally recognized principles of international law, above all principles of sovereign equality and noninterference into internal affairs;
Have agreed as follows:
Article 1
Obligation to grant legal assistance
1. The Parties shall, in accordance with this Agreement and their national legislation, provide to each other mutual legal assistance in criminal matters (legal assistance).
2. Legal assistance is provided in accordance with this Agreement if the act, in connection with which the request was issued, is criminally punishable according to the law of both Parties. The Requested Party may also upon its own discretion grant legal assistance when the act in connection with which the request was received, is not criminally punishable under its legislation.
3. The purpose of this Agreement is exclusively the granting of legal assistance, which shall be requested only by the central authorities of each Party. Provisions of this Agreement do not lead to creation of rights for any physical or legal person to receive or exclude evidence or prevent execution of the request for legal assistance.
4. This Agreement applies to investigations and judicial proceedings in connection with commitment of offences according to criminal legislations of both Parties.
Article 2
Scope of legal assistance
Legal assistance shall include:
1) Service of procedural documents;
2) Taking of evidence;
3) Location and identification of persons and objects;
4) Invitation of witnesses, victims and experts for their voluntary appearance before the competent authority оf the Requesting Party;
5) Taking measures for protection of property;
6) Execution of requests for search and seizure;
7) Transfer of documents, things and other evidence;
8) Granting permission to representatives of the competent authorities of the Requesting Party to be present at the execution of the request;
9) Granting any other types of legal assistance consistent with the objectives of this Agreement, and according to the law of the Requested Party.
Article 3
Central Authorities
In order to provide appropriate cooperation in the framework of this Agreement, each Party shall appoint а Central Authority.
For the Republic of Armenia the Central authority shall be the General Prosecutor's office (concerning the persons whose cases are in pretrial stage) and the Ministry of Justice (concerning the persons whose cases are in trial stage),
For the State of Kuwait the Central Authority shall be the Ministry of Justice.
Article 4
Form and contents of the request
1. А request for legal assistance shall be done in writing form, in urgent circumstances or where otherwise permitted by the Requested Party, a request may be made by telex, facsimile, electronic mail or other types of communication but shall be confirmed in writing form promptly thereafter. In cases of emergency the Requested Party shall immediately execute the request for legal assistance and the Requesting Party should be informed about the results of the execution before submitting the original of the requests.
2. Request shall include the following:
a. Name of the competent authority requesting legal assistance;
b. Purpose оf the request and description оf the requested legal assistance;
c. Description of the offence in connection with which the preliminary investigation or the proceedings are conducted, the text of the relevant law in accordance with which the offence is criminally punishable, and also if necessary the amount of the damage caused as а result of this offence;
d. Description of any particular procedures that the Requesting Party wishes to be followed by the Requested Party during execution of the request;
e. Information on the identity of the persons who are subjects of the investigation or the proceedings;
f. Any time limit within which compliance with the request is desired by the Requesting Party;
g. Full names, family names (middle names), date and place of birth and addresses and also if possible telephone numbers of the persons who are to be notified and their connection to the preliminary investigation or proceedings in progress as well as any other useful information;
h. Indication of the location and description of the place, where inspection and search is required, and the objects to be seized;
i. Questions to be put forward in order to receive evidence in the Requested Party;
j. In case of applying for the presence of representatives of the competent authorities of the Requesting Party, their full names, family names (middle names), positions as well as grounds for their presence;
k. The need, if any, for confidentiality of the fact that the request was received, of its contents and/or description of any action undertaken in connection with the request;
l. Any other information that might be useful for the Requested Party in order to execute the request.
3. If the Requested Party considers that the information contained in the request is not sufficient to execute the request, that Party may request additional information.
Article 5
Language
All requests and supporting documents submitted by the Parties shall be in accordance with this Agreement accompanied by a translation into English.
Article 6
Refusal or postponement of requests for granting legal assistance
1. Legal assistance may be refused if:
a) The execution of the request may impair the sovereignty, security, public order or other essential interests of the Requested Party;
b) The execution of the request is contrary to the law of the Requested Party or does not comply with the provisions оf this Agreement;
c) If the request relates to an offence the prosecution of which in the requesting State would be incompatible with the requested Party’s law on double jeopardy (ne bis in idem);
d) The request relates to а crime under military law which is not а crime under general criminal law;
e) If there are substantial grounds believe that the assistance request was submitted in order to prosecute the person on grounds of rасе, sex, faith, citizenship, ethnic origin or political opinions.
2. Provision of legal assistance in matter of bank secrecy and fiscal matters shall be in accordance with national legislation of the Requested Party. The request for legal assistance for crimes of terrorism according to international or regional conventions applicable in both Parties shall not be refused.
3. The Requested Party may postpone or refuse to execution of the request in its territory if the Party considers that such execution would interfere with or damage the ongoing investigation or proceedings in criminal case.
4. Before making а decision to postpone or refuse the execution of the request the Requested Party shall consider whether legal assistance may be granted subject to such conditions as it deems necessary. If the Requesting Party accepts legal assistance subject to these conditions, it is obliged to comply with them.
5. If the Requested Party takes the decision to refuse or to postpone granting legal assistance informs the Requesting Party about that through its Central Authority, and shall give reasons for that decision.
Article 7
Validity of the documents
1. Documents transmitted pursuant to this Agreement through the Central Authorities and attested to by the seal of competent authority of the transmitting Party shall be received without legalization procedure or any other form of certification.
2. For the purposes of this Agreement the documents which are recognized as official in the territory of one Party shall be recognized as such in the territory of the other Party.
Article 8
Confidentiality and the limitations of use of information
1. Upon request of the Requesting Party the Requested Party shall keep confidential the request for legal assistance, its contents, supporting documents and any action taken pursuant to the request as well as the fact for granting such assistance.
If the request cannot be executed without breaching the principle of confidentiality, the Requested Party shall inform the Requesting Party, which should determine, whether the request should nevertheless be executed.
2. The Requesting Party shall not use the information or evidence obtained under this Agreement without permission of the Requested Party for other purposes than those indicated in the request for legal assistance.
3. In separate cases when the Requesting Party needs to disclose and use fully or partially the information or evidence for other purposes than those stated in the Requesting Party asks for the corresponding consent of the Requested Party, which may fully or partially refuse such consent.
Article 9
Execution of requests for legal assistance
1. Requests shall be executed in accordance with the laws of the Requested Party and the provisions of this Agreement.
Upon the request of the Requesting Party the Requested Party shall grant legal assistance in form and in accordance with the special procedure indicated in the request, insofar as it is not in contradiction with the legislations of the Requested Party.
2. Upon the request of the Requesting Party the parties to the relevant proceedings, their legal representatives and representatives of the Requesting Party may be present at the proceedings in the Requesting Party, subject to the laws and procedures of the Requested Party.
3. The Central Authority of the Requested Party transmits the information and the evidence received as а result of the request to the Central Authority of the Requesting Party in good time.
4. If it is impossible to execute the request in full or partially, the Central Authority of the Requested Party immediately informs the Central Authority of the Requesting Party about it and informs the causes forbidding the execution of the request.
Article 10
Service of documents
1. In accordance with the request for legal assistance the Requested Party shall immediately serve or organize the service of the procedural documents.
2. The execution of request shall be proved by the document of serving with the indication of the date, the signature of the addressee or the statement of the competent authority of the Requested Party, in which the fact, the date and the manner of service are confirmed. The Requesting Party shall be immediately informed about the service of the documents.
Article 11
Taking of evidence in the Requested Party
1. The Requested Party in compliance with its legislation organize in its territory the testimony of the witnesses and victims, collect the conclusions of experts, the other documents, things and other evidences indicated in the request and transmits it to the Requesting Party.
2. The representatives of competent authorities of the Requesting Party which are present at the execution of the request are allowed to formulate questions that could be put to the corresponding person through the representative of the competent authority of the Requested Party.
3. The Requesting Party shall observe any conditions, imposed by the Requested Party in relation to any documents and things which may be delivered to it, including conditions for the protection of third party’s interests in any such documents and things.
4. The Requesting Party on demand of the Requested Party returns promptly thereafter the originals of the documents and the other things in accordance with Paragraph 1 of this Article.
Article 12
Location and identification of persons and things
The central authorities of the Requested Party shall use its best efforts according to its legislation to ascertain the location and identity of persons and things specified in the request.
Article 13
Personal appearance of witnesses, victims and experts in the territory of the Requesting Party
1. If the Requesting Party submits а request for personal appearance to produce evidence, carry out expert examination or for other procedural actions in its territory the Requested Party informs that person who is in its territory about the invitation of the Requesting Party to appear before its competent authorities.
2. The person to appear shall be informed by the Requesting Party about the conditions and requirements related to the cost and expenses associated with his/her appearance, and also about the list of guarantees which this person is entitled under Article 14 of this Agreement.
3. Subpoena shall not contain а warning to use compulsion or penalty in case of failure of the person to appear in the territory of the Requesting Party.
4. The summoned person shall decide himself/herself to appear. The Central Authority of the Requested Party shall promptly inform the Central Authority of the Requesting Party on person's response.
Article 14
Safe conduct
1. А person present before the competent authority in the Requesting Party notwithstanding its citizenship shall not be detained or subjected to criminal prosecution, or any other restriction of personal liberty in the territory of this Party for any acts or on the basis of convictions which preceded that person’s entry into the territory of the Requesting Party.
2. The summoned person shall lose his/her right of immunity provided in Paragraph 1 of this Article if а person, being free to leave the territory of the Requesting Party, has not left it within а period of 15 days after being notified in writing that the person's attendance is nо longer required by the corresponding competent authority or, having left that territory, has voluntarily returned.
3. The summoned person shall not be forced to present evidence in any other case than that indicated in the request.
Article 15
Protection of the person appearing upon the request or transferred to the territory of the Requesting Party
The Requesting Party provides, when needed the protection of the person appearing upon the request or transferred to its territory in accordance with Article 13 of this Agreement.
Article 16
Measures in connection with the things
1. The Parties cooperate in location of instruments and proceeds of crime and also respect to taking appropriate measures in relation to them.
This cooperation is based upon the provisions of this Agreement and also upon the corresponding provisions of the UN Convention against the transnational organized crime on 2000, in particular Articles 2, 12, 13 and 14 covers not only crimes under this Convention and its Protocols but also any other criminal act in compliance with Paragraph 2 Article 1 of this Agreement.
2. After entry into force of this Agreement the Parties shall take measures to agree on the division of proceeds of crime and seized things, as a result the cooperation between the Parties should be formalized in protocol to this Agreement.
Article 17
Expenses
1. The Requested Party shall bear the costs of executing the requests for legal assistance in its territory, except that the Requesting Party shall bear:
a) The expenses associated with the conveying persons to and from its territory in accordance with Article 13 of this Agreement and their presence in that territory, and other payments due to those persons;
b) The expenses and fees of experts;
c) The expenses associated with the travel and presence of the representatives of the competent authorities of the Requesting Party at the execution of the request in accordance with Paragraph 2 Article 9 of this Agreement;
d) The expenses associated with the transition of transmitted objects from the territory of the Requested Party to the territory of the Requesting Party and back.
2. If the execution of the request demands substantial or emergency expenses, the Central Authorities of the Parties undertake consultations in order to determine conditions of the execution of the request and also the way of paying those expenses.
Article 18
Consultations and disputes resolutions
1. The Central Authorities at the request of either of them shall consult about the interpretation and application of this Agreement.
2. Disputed issues resulting from the interpretation and/or application of this Agreement shall be resolved through diplomatic negotiations in conjunction with the Central Authorities of the both Parties.
Article 19
Time Scope of Application
This Agreement applies to requests made after the entry into force, even if the relevant acts or omissions occurred prior to that date.
Article 20
Amendments
This Agreement may be amended in writing with consents of both parties at any time, and amendments shall enter into force in accordance to procedures stated in paragraph 1 of Article 21 of this Agreement.
Article 21
Final provisions
1. This Agreement shall enter into force from the date of receipt of the last written notice through diplomatic channels in which one of the Parties notifies the other Party to meet all necessary requirements for the entry into force.
2. This Agreement shall remain in force for an indefinite period, unless one of the Parties informs the other Party about its intention to terminate it in writing. It shall be terminated after six months from the date of receipt of the notification. However, the procedures relating to requests from the other Party remain in force until they are done.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done at Yerevan, on 23 March 2016, in triplicate in Armenian, Arabic and English languages, all texts being equally authentic, in case of divergence of interpretation, the English text shall prevail.
The Agreement has entered into force on 30 March 2018