Co-operation agreement between the International Criminal Police Organisation-Interpol and the General Secretariat of the Andean Community

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The International Criminal Police Organization-Interpol, represented by its Secretary General, Ronald K. Noble, and The General Secretariat of the Andean Community, represented by its Secretary General, Guillermo Fernández de Soto, Hereinafter referred to as 'the Parties', Or separately as 'the Party',

Recognizing that Interpol, represented by its General Secretariat in Lyon, France, is a public international organization, responsible for ensuring and promoting the widest possible mutual assistance between all its member countries, represented by their national criminal police authorities, within the limits of the law existing in those member countries and in the spirit of the Universal Declaration of Human rights;

Recognizing that the General Secretariat is the executive body of the Andean Community, a sub-regional organization with international legal status whose objectives are to promote the balanced and harmonious development of its member countries in equitable conditions through economic and social co-operation and integration; accelerate their growth and the creation of employment; facilitate their participation in the process of regional integration; strengthening sub-regional solidarity and reducing differences in development between member countries, in order to bring about a steady improvement in the standard of living of the region's inhabitants;

Considering that, according to Decision 458 of the Andean Council of Foreign Ministers, one of the objectives of the Common Foreign Policy of the member countries of the Andean Community is 'to combine efforts in a crucial war on corruption, and to collaborate in the struggle against terrorism and other forms of organized crime';

Considering that, as the executive body of the Andean Community, it is the responsibility of the General Secretariat to maintain working links with the executive bodies of other regional organizations concerned with integration and co-operation for the purposes of strengthening their relationship and their reciprocal co-operation;

Considering that Interpol's Constitution states that Interpol's aims are to ensure and promote the widest possible mutual assistance between all criminal police authorities, as provided for in Article 2, within the limits of Article 3 and of the laws existing in the different countries and in the spirit of the 'Universal Declaration of Human Rights', and to establish and develop all institutions likely to contribute effectively to the prevention and suppression of ordinary law crimes;

Considering the complementary nature of the remit, powers and duties assigned and delegated to Interpol and the Andean Community respectively;

Considering that it is therefore in their common interests to improve co-operation between the Parties, and that in order for them both to achieve their respective objectives, it is essential that their activities and relations with third parties be co-ordinated in order to make co-operation more effective and avoid duplication of effort wherever possible;

Wishing to co-ordinate their efforts to combat crime within the framework of the missions assigned to them by their respective Member States;

Considering that Interpol is authorized to enter into this Co-operation Agreement by virtue of the authority granted by Article 41 of its Constitution and by Resolution AG-2002-RES-11, adopted by the Interpol General Assembly held in Yaoundé from 21 to 24 October 2002.

Considering that the General Secretariat of the Andean Community is authorized to enter into this Co-operation Agreement by virtue of the authority granted by Article 30 of the Cartagena Agreement.

Have agreed on the following:

Purpose of the Co-operation Agreement

The purpose of this Agreement is to enable the Andean Community and Interpol to jointly benefit from closer collaboration for the prevention and suppression of crime, with a view to:

• Responding to the needs of the international community in the face of both national and transnational crime;
  
  
• Assisting the international community in achieving the goals of preventing national and international crime and improving the response to crime, in particular through police training and public-awareness campaigns aimed at alerting the public to the considerable threat posed by certain types of crime;
  
  
• Assisting States, in particular in their efforts to combat organized criminal groups involved in such forms of crime as corruption, terrorism, illicit drug trafficking, illicit firearms trafficking, economic crime, fraud, theft of cultural property and offences against persons, as well as violations of international environmental and humanitarian law;
  
  
• Examining the possibility of establishing, through special agreements adopted by the competent bodies, common or linked computerized databases relating to penal law, to avoid undesirable duplication between them with respect to the collection and analysis of such information.
  

Scope of Agreement

1. This agreement sets out a framework for co-operation between the Parties and does not involve any financial obligations. The Parties agree to document and to carry out projects by means of special agreements made in writing by their duly authorized representatives and to provide for any associated funding or costs in those agreements and/or in their related 'working programmes' to that end.
   
   
2. This Agreement in no way restricts either Party from participating in similar agreements or in agreements with other public agencies, non-profit-making organizations, individuals, or other entities.
   

Mutual consultation and co-ordination

1. The Parties shall consult each other on matters of common interest for the purposes of realizing their objectives, co-ordinating their respective activities and avoiding the duplication of effort. They agree to co-ordinate activities to this end.
   
   
2. The Parties agree to arrange consultations between each other's appropriate representatives to determine how to plan and organize particular activities in a manner that optimizes the use of their resources in compliance with their respective mandates.
   
   
3. Subject to Article 4 below, the Parties agree to exchange information of mutual interest on developments in their respective fields and projects, and to take such information into consideration in promoting effective co-ordination between them.
   

Exchange of information

1. The Parties agree, where appropriate, to combine efforts to maximize the use of available information related to the issues of common interest.
   
   Subject to any restrictions and arrangements that may be considered necessary by each Party for the safeguarding of confidential information, both Parties agree to fully and promptly exchange information and documents concerning matters of common interest.
   
   When communicating information, each Party shall ensure that such information is accurate and valid, and that it is entitled to communicate the information to the other organization, in accordance with its internal regulations. Both Parties shall undertake to observe the circulation restrictions notified by the organization communicating the information.
   
   
2. Communication of police information by Interpol to the General Secretariat of the Andean Community shall be subject to Interpol's internal regulations. If an item of information communicated by Interpol to the General Secretariat of the Andean Community is modified or deleted, Interpol shall inform the General Secretariat of the Andean Community so that the latter may keep its own archives up to date. If Interpol has informed the General Secretariat of the Andean Community that an item of information has been modified or deleted, Interpol shall not be liable in the event that the use of that information by the General Secretariat of the Andean Community is prejudicial to the interests of an individual or entity. Information communicated to Interpol remains the property of the entity that sent it. It shall be the responsibility of the General Secretariat of the Andean Community to contact the Interpol General Secretariat and the issuing entity to ensure that the information is valid, relevant and accurate before using it.
   
   
3. Police information communicated by Interpol to the General Secretariat of the Andean Community shall be used by the General Secretariat of the Andean Community exclusively for the purposes of prevention or suppression of transnational ordinary law crime, with due respect for national laws and international treaties. The expression 'ordinary law crime' refers to all crimes other than those of a political, military, religious or racial nature in which, under Article 3 of its Constitution, Interpol is forbidden to intervene.
   
   
4. Communication of police information by the General Secretariat of the Andean Community to Interpol shall be subject to the provisions laid out in the rules of Andean Community Law.
   
   

Technical co-operation

Should the activities of the Andean Community and of Interpol in fields of common interest so dictate, either Party may request the co-operation of the other whenever the latter Party is in a position to help develop the former's activities.

Both Parties shall endeavour, insofar as is possible and in compliance with their constituent instruments and the decisions of their competent bodies, to respond favourably to such requests for co-operation in accordance with procedures and arrangements to be mutually agreed upon.

Both Parties shall co-operate, when appropriate and to the extent possible, in evaluating projects and programmes of common interest that relate to the areas of their respective competence. Interpol agrees in this regard to assist the General Secretariat of the Andean Community upon request in reviewing national, regional or global crime prevention and criminal justice projects and programmes within its area of expertise.

The Parties shall deepen their dialogue and promote the undertaking of joint studies and the provision of advisory services and technical assistance, regarding the mutually-reinforcing interrelationship between crime prevention, administration of justice and respect for human rights.

Joint action

The Parties may, through special arrangements, decide to act jointly in the implementation of projects that are of common interest. The special arrangements shall define the modalities for the participation of each organization in such projects and shall determine the expenses payable by each of them.

Personnel arrangements

Subject to their relevant internal regulations, the Parties shall examine the possibility of organizing the exchange of personnel on a temporary basis. They will enter into special arrangements, in necessary, for that purpose.

Reciprocal representation

Arrangements shall be made for reciprocal representation at Interpol and Andean Community meetings convened under their respective auspices concerning matters in which the other Party has an interest or technical competence.

The Interpol Secretary General and the Secretary General of the Andean Community shall each designate one of their officials to act as a contact point with a view to ensuring the implementation of the provisions of the present Co-operation Agreement.

Co-operation between the Secretariats

The Secretary General of the Andean Community and the Secretary General of Interpol shall periodically consult each other regarding the implementation of their respective responsibilities under this Agreement and other issues of common interest.

The Secretary General of the Andean Community and the Secretary General of Interpol shall make appropriate arrangements to ensure effective co-operation and liaison between the Secretariats of the two organizations.

Settlement of disputes

The Parties agree to attempt to resolve amicably any disputes arising in relation to the interpretation or application of this Agreement. However, if this proves to be impossible, the Parties shall mutually agree on an acceptable dispute resolution process.

Privileges and immunities

Nothing stated in this Agreement shall be construed to be a waiver of any privileges or immunities of either Party.

Entry into force, Modification, Duration, Supplementary agreements

1. The present Agreement shall enter into force on the date on which it is signed by the Secretary General of Interpol and the Secretary General of the Andean Community.
   
   
2. The present agreement may be modified by mutual consent at any time, in accordance with the provisions of the Parties' respective Constitutions.
   
   
3. The agreement may be revoked by either Party by giving six months' notice to the other Party. If the agreement is revoked, the Parties shall come to an arrangement concerning the use and storage of the information they have communicated to each other. If the Parties are unable to come to an agreement, either Party may demand that the information it has communicated be destroyed.
   
   
4. The Parties may, if necessary, adopt supplementary arrangements for the implementation of the present Agreement.
   
   

Done in two copies, in Spanish.