The Government of the Republic of Serbia and
The Government of the Slovak Republic
(hereinafter referred to as “the Signing Parties” only),
Guided by their willingness to contribute to development of mutual relations between both
States,
Concerned about the spread of international organised crime, in particular terrorism and illicit trafficking in narcotic drugs and psychotropic substances world-wide,
Convinced of the substantial importance of cooperation in preventing and combating organised crime, terrorism, illicit trafficking in narcotic drugs and psychotropic substances and other types of crime,
With a view of joining their efforts for combating these phenomena,
Having due regard to international commitments and the national legislation of the States of both Signing Parties,
Have agreed as follows:
Article 1
(1) The Signing Parties shall, in compliance with national legislation of their States and provisions under this Agreement, cooperate and provide the assistance, in particular in the fight against: a) international organised crime, b) terrorism, c) illicit production, import, export, possession of narcotic drugs, psychotropic substances and their precursors as well as illicit trafficking in them, d) illicit production, import, export, trafficking in and possession of arms, ammunition, explosives, chemical, biological, nuclear or other radioactive materials, products and
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technological procedures of strategic importance, or possible dual use, and illicit trade in military hardware, e) illicit trafficking in human beings and pandering, f) counterfeiting and alteration of money, securities, means of non-cash payment, official documents and distribution thereof, g) illegal financial operations, legalisation of proceeds derived from crime and other economic crimes, h) crimes against life, health, freedom, human dignity and property, i) thefts of motor vehicles and other illicit manipulations with the motor vehicles, j) crimes related to illicit trade in national monuments and works of art, cultural, historical and valuable objects, k) smuggling of persons, illegal crossing of the State border, illegal migration and illegal residence of persons, l) computer crime, m) crimes threatening the environment.
(2) The cooperation between the Signing Parties shall also cover the information exchange on legal provisions concerning the criminal offences referred to in this Agreement.
(3) The Signing Parties may, upon mutual agreement, extend their cooperation to cover also the other areas of criminal activities.
Article 2
The Signing Parties shall cooperate in preventing, detecting and combating organised crime by following forms: a) mutual exchange of data concerning the persons participating in the commission of crimes, or the persons suspected to participate therein; the offenders’ connections, organisations and structures of organised groups; typical methods of individual offenders and groups; facts related to the time, location and modus operandi of crimes; the objects constituting targets of crime; specific circumstances; the laws violated; the measures taken to prevent and obstruct the commission of such crime; b) taking joint measures in compliance with national legislation of the States of the Signing
Parties; c) cooperation in search of the persons suspected of committing the crimes or of the persons evading criminal liability or service of sentence; d) cooperation in search of the stolen things and other objects related to criminal activity, including motor vehicles; e) coordinating the cooperation in providing the personal, technical and organisational assistance in detecting criminal activity pursuant to the provisions of the present
Agreement and in compliance with legislation of the States of the Signing Parties; f) exchange of information and experience on the methods and new forms of committing the crimes;
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g) information exchange on the results of their criminal and criminological research, on investigative techniques and application of methods and equipment in order to improve them; h) upon request, the exchange of information on the objects used to commit the crimes, or resulting from the criminal activity, including property booty resulting from criminal activity ; i) attachments of experts and organisation of joint training courses focussed on specific operational techniques for the detection and documentation of crime; j) if necessary, and on the grounds of preparing the coordinated measures, to organise the workshops dealing with specific cases under investigation; k) exchange of analytical and conceptual material concerning organised crime; l) mutual assistance in providing protection to a witness whose or his/her closest relatives’life and health or property are, in connection with his/her testimony or submission of evidence, exposed to a threat; m) mutual exchange of experience and technologies in the field of computer networks data protection; n) mutual exchange of normative legal acts, scientific, professional and educational publications on organised crime combat.
Article 3
The provision of personal data protection and any transmission of information between the Signing Parties shall be carried out in compliance with legislation of the States of the Signing Parties and under the following conditions: a) the receiving Signing Party may use such data solely for the purpose and under the conditions stipulated by the originating Signing Party, b) the receiving Signing Party shall, at the request of the originating Signing Party, provide information on the use of the information transmitted and on the results herewith achieved, c) the personal data may be transmitted exclusively to the authorities competent to combat crime; no personal data shall be made available to other authorities without the previous written approval of the originating Signing Party, d) the originating Signing Party shall be responsible for accuracy of the information transmitted and shall also ascertain whether such transmission is necessary and adequate; in case it is subsequently ascertained that incorrect personal data had been transmitted or the personal data that should not have been transmitted, the receiving Signing Party must be immediately notified thereof; the receiving Signing Party shall either correct the errors, or destroy the personal data that should not have been transmitted, e) while transmitting the personal data, the originating Signing Party shall notify the receiving Signing Party of the time limit for destruction of the personal data in accordance with its national legislation; notwithstanding such time limit, any data relating to the person concerned must be destroyed as soon as their storage is no more needed; the originating Signing Party must be notified of the destruction of the personal data
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transmitted and the reasons therefore; upon termination of this Agreement, all the personal data received hereunder, shall be destroyed, f) the competent authorities of the Ministry of Interior of the Republic of Serbia and the competent authorities of the Ministry of Interior of the Slovak Republic (hereinafter referred to as “the competent authorities” only) shall have the duty to keep records of transmission, receipt and destruction of personal data, g) the competent authorities shall have the duty to protect effectively the personal data against unauthorised access, alteration or disclosure.
Article 4
(1) The requested Party may reject, totally or partially, the execution of application for cooperation or assistance if execution of such application might pose a threat to sovereignty, security or any other important national interest, or if execution of such application might be contradictory to national legislation or the national commitments arising from international treaties.
(2) The requested Party shall, without any delay, notify the requesting Party of the rejection to execute the application, or of its partial execution.
Article 5
(1) The Signing Parties shall empower the Ministers of the Interior to conclude the implementation protocol to this Agreement which shall cover: a) the mutual transmission, protection and protection control of classified information transmitted at the implementation of this Agreement, b) authorities competent for the direct and operative cooperation, including their contact addresses, telephone and fax numbers, c) programmes of further cooperation.
(2) Unless agreed otherwise in each particular case, the information exchange between the competent authorities shall be effected in English language.
Article 6
This Agreement shall not affect any obligations of the Slovak Republic and Republic of Serbia by which they are bound under the valid bilateral or multilateral agreements.
Article 7
The costs incurred in connection with the implementation of cooperation under this
Agreement shall be borne by each Signing Party, unless agreed otherwise.
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Article 8
This agreement may be amended and supplemented on the basis of mutual written approval of both Signing Parties.
Article 9
(1) This Agreement is concluded for an indefinite period of time and shall enter into force on the sixtieth (60.) day following the date of receipt of last notification indicating the fulfilment of conditions by the both Signing Parties, necessary for its entry into force in accordance with national legislation.
(2) Either Signing Party may terminate this Agreement, through diplomatic channels, in writing. In such a case, this Agreement shall cease to have force three (3) months after the day of receipt of notification of termination to the other Signing Party.
Done at Bratislava on 16 November 2007 in two original duplicates each in the
Serbian language, Slovak language and English language, each text being equally authentic.
In case of contradictory interpretation, the English text shall prevail.
For the Government For the Government of the Republic of Serbia of the Slovak Republic
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