Zakon o ratifikaciji Dogovora med Vlado Republike Slovenije in Vlado Republike Makedonije o sodelovanju v boju proti terorizmu, ilegalnemu prometu z mamili in organiziranemu kriminalu

The Government of the Republic of Slovenia and the Government of the Republic of Macedonia (hereinafter: the contracting parties) have, in view of the existing common cultural and historical ties between the two States throughout their history, and in their desire:

– to contribute to the development of bilateral contacts in the field of security;

– to cooperate in the field of the oppression of crime, especially of the organised crime and illicit drug trafficking, of the fight against terrorism and its successful prevention;

– to increase common efforts in the fight against terrorism and drug abuse;

– to harmonise their actions against international organised crime;

and considering the international agreements for these fields of work,

concluded this Agreement:

(1) Given consideration to respective State legislations, the contracting parties shall cooperate in the prevention of terrorism, illicit drug trafficking and of organised crime, in the discovery and prosecution of such forms of crime as well as in the prevention, discovery and persecution of other forms of crime.

(2) The contracting parties shall cooperate specially in the cases when the criminal offences or their preparations are being realised on the territory of one of the contracting parties and when the data point to the territory of the other contracting party.

The contracting parties shall cooperate in the discovery and suppression of crime, especially of the organised crime and shall:

1. Notify each other about all the data on persons, involved in the organised crime, data on connections between criminals, information about the organisations and groups of criminals, of typical behaviour of perpetrators and groups, of facts, with special attention on time, place in modus operandi of the criminal deeds, of objects of their attack, of special circumstances, of articles of the penal codes which were thus violated and of the measures taken, if it is necessary in certain occasions in order to prevent some dangerous criminal offences;

2. Perform certain police activities upon request and in accordance with the valid legislation of the requested contracting party;

3. Cooperate in the investigations in accordance with the present agreement, legislations of the contracting states and with a valid agreement between the contracting parties on extradition and legal help in connection with criminal offences, and with a reconciliation of police measures together with personnel, material and organisational help;

4. Exchange the data and experiences on methods and new form used by criminals in the international crime;

5. Exchange the results of criminalistic, criminological and other investigations of criminal offences, inform each other of the practice of investigating of the criminal deeds, as well as of the use of methods and means in their work, with the purpose to develop them even further;

6. Exchange, upon request, all information or specimen of the objects which arise from a criminal offence and of the objects, which were used for the performance of criminal deeds;

7. Exchange the experts for common or mutual improving of the quality as a part of the fight against the organised crime, enable the possibilities for further education of their experts in order to obtain a higher degree of professional knowledge, for a mutual comprehension of means and methods of the fight against crime and of modern results of the criminal police techniques;

8. If necessary and in certain investigations organise working meetings connected to the preparations and execution of already adjusted measures.

For the prevention of the illicit cultivation, production, acquisition, export, import and transit of drugs, psychotropic substances and precursors as well as of the illegal trafficking of such substances, the contracting parties, in consideration of the legislation of both States, shall:

1. Communicate each other all the data of persons, involved in drug production and trafficking, about their hideouts, transportation means and modus operandi, of places of origin and destination of drugs and all other particular details of certain criminal deeds, if it is necessary for crime prevention or, in certain cases, for the prevention of violent criminal offences against public order;

2. Excange data on usual and new ways of international illicit drug trafficking and all other information about it;

3. Exchange the results of crime and criminological investigations of drug traficking and drug abuse;

4. Exchange the samples of new drugs of vegetal and synthetic origin and of psychotropic substances;

5. Exchange their experiences about the control of legal handling of drugs, psychotropic substances and precursors in view of possibilities of illegal trafficking with such substances;

6. The contracting parties shall harmonise their police measures, permitted by law, for the prevention of illicit production of drugs and psychotropic substances.

In order to prevent acts of terrorists, the contracting parties shall, according to their valid legislation and in consideration of the present agreement, act as follows:

1. Exchange their cognitions and data about planned or executed terrorist actions, persons involved, ways of execution and of technical means used in such acts;

2. Exchange their cognitions and data about terrorist groups, their members who plan, execute or executed their deeds on the territory of one of the contracting parties to its detriment, against its interest, such information being useful for the stopping of terrorism and for the prevention of violent criminal offences.

The cooperation between the contracting parties includes also:

1. The exchange of all information regarding the legislation dealing with the criminal offences, included in the present agreement;

2. Exchange of information about the benefits that someone obtained with a criminal activity;

3. Exchange of legislation and experiences in relation to foreigners or migration;

4. Exchange of all pieces of information which are important for one of the contracting parties in the fight against the smuggling of persons and the illicit trafficking with workers.

(1) The competent authorities of the contracting parties:

For the Republic of Slovenia – The Ministry of the Interior, The Ministry of Finances and the Ministry of Health

For the Republic of Macedonia – The Ministry of the Interior

shall have a direct and working cooperation in their fields of work and competence in the interest of the execution of the present agreement, and they will define the concrete fields of work and forms of cooperation with the minutes of cooperation.

(2) The exchange of information between the representatives of the participating authorities shall be made in English language, except should they agree otherwise.

The following conditions for the protection of the data about persons, which the contracting parties exchange in the frame of cooperation, shall prevail, with the consideration of the valid legislation of the contracting States:

1. The contracting party, which receives such data, can use them only for the purposes defined by the contracting party, which sent them and which defined the conditions for their use;

2. The contracting party, which receives such data, shall, upon request from the contracting party – sender, inform the latter of the use of such data and of the results obtained with them;

3. Data, related to persons can be given only to the competent authorities or organisations dealing with the crime oppression and to the competent authorities for the fight against, terrorism, drugs and organised crime. Any handing over of such data to any other authorities is possible only with a previous written consent of the other contracting party that sent such data;

4. The contracting party that sends the requested data must check the correctness of the data, as well as if the handing over of the data is necessary and if it is made in proportion to the necessity. Consideration should be made also of the legislation of the other contracting party, which restricts the giving of data in accordance to its national jurisdiction. Should it be found out that untrue data or data, which shouldn't have been handed over, were given out, the other contracting party, that receives such data, must be immediately informed of the fact. The contracting party, which receives such data, must correct the untrue data and immediately destory all data, which were given to it by mistake or shouldn't be handed over;

5. Upon a request of a person concerned all existing data about her or him must be explained to such a person, as well as their possible use. If it is not specifically regulated by existing legislation such explanations are not obligatory. At the time of giving such explanation the valid legislation of the contracting party, giving such data, shall be taken into consideration;

6. The conracting party that gives the, data in compliance with its own legislation, shall determine upon their handing over also the valid terms for the cancellation of such data. Regardless the latter fact, all data concerning certain person must be' erased after the need for them has ceased. The contracting party that sends the data must be informed of the erasure of such data and of the reason for such erasure. All data received shall be destroyed upon the termination of the present agreement;

7. The contracting parties are obliged to keep record of all handing over, acceptance or erasure of personal data;

8. The contracting parties must provide efficient protection of the personal data, prevent the access of unauthorised persons to such data, must not alter them and are not allowed to publich them.

(1) The contracting paries shall quarantee the secrecy of any such data that were estimated as confident by any of the contracting parties, and if they were defined as secret by the existing regulations of the State that handed them over.

(2) The forwarding of the material, that was handed over in accordance with the present agreement, giving the data and technical equipment to any third State is possible only upon a written consent of the competent authority of the contracting party that gave them away.

(1) The contracting parties shall form a mixed working Committee for the promotion and valuation of the cooperation under the present agreement. The contracting parties shall inform each other by the diplomatic courier of the composition of such Committee.

(2) There shall be at least one session of the mixed Committee each year. Any of the contracting parties can suggest, if necessary, additional meetings of the said Committee. The Committee shall hold its sessions alternatively in the Republic of Slovenia and in the Republic of Macedonia.

Each contracting party has the right to reject partly or completely, its cooperation and its support or establish certain conditions, if this should limit its national legislation, endanger the security of the State or other essentail interests or violate its national legal order.

The contracting parties authorise their respective Ministers of the Interior to appoint each one person, who will keep the contacts with the competent authorities of the other contracting party.

The provisions of the present agreement do not apply to any other bilateral or multilateral international agreements concluded by the Governments of the Republic of Slovenia and of the Republic of Macedonia.

(1) The present agreement shall be ratified. It shall become valid and effective on the thirtieth day after the reciprocal exchange of the diplomatic notes of the ratification of the present agreement.

(2) This agreement was concluded for an unlimited period of time. Any of the contracting parties can renounce the agreement through the diplomatic way. The renouncement shall become effective six month following the day the other contracting party received such notification.

Done in Skopje on 28. 10. 1993 in three originals in Slovenian, Macedonian and English version, each texts being equally authentic.

In case any misunderstanding appears during the implementation of the present Agreement, the English version shall prevail for the clarification of the meaning of the Agreements provisions.