| Memorandum of understanding with the Secretariat of the Basel Convention
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Printable version
| English originals of the text are authoritative |
Recognizing that offences against a nation's criminal and other waste
legislation, particularly the illegal traffic of hazardous waste, as defined
by the Basel Convention on the Control of Transboundary Movements of Hazardous
Waste and their Disposal, are prejudicial to human health and the global environment;
Recognizing also that international co-operation is essential in the
prevention of and combating the illegal traffic in hazardous and other waste;
Recognizing that Interpol is responsible for providing and developing
the widest possible mutual assistance between all the criminal police authorities
within the limits of the laws existing in the different countries and in the
spirit of the Universal Declaration of Human Rights;
Noting that the Basel Convention on the Control of Transboundary Movements
of Hazardous Waste and their Disposal in Article 4, paragraph 3 stipulates that:
'The Parties consider that illegal traffic in hazardous waste or other waste
is criminal';
Noting that the fight against illegal traffic in hazardous waste and
other waste as defined in the Basel Convention necessitates that police authorities
intensify their surveillance and enforcement measures;
Noting that in February 1996, the Secretariat of the Basel Convention
made the proposal to the ICPO-Interpol General Secretariat for an Agreement
of specific rules of relationship between the two secretariats and that in March
1996, the ICPO-Interpol General Secretariat accepted in principle the proposal
made by the Secretariat of the Basel Convention;
Taking into Consideration that the Fourth Conference of the Parties
of the Basel Convention (Kuching, Malaysia, February 1998) requested the Secretariat
of the Basel Convention to continue its co-operation with the World Customs
Organization, the ICPO-Interpol and other appropriate bodies in order to achieve
prevention, better control, monitoring and penalizing of cases of illegal traffic
in hazardous waste and other waste;
Believing that increased co-operation between national authorities and
focal points of the Basel Convention and police authorities will increase the
effectiveness of implementation and enforcement of the Basel Convention;
The ICPO-Interpol and the Secretariat of the Basel Convention
have agreed as follows:
Have agreed as follows:
- In order to strengthen the co-operation between them, the ICPO-Interpol
General Secretariat and the Secretariat of the Basel Convention will send
each other general information of common interest.
- The two Secretariats will invite each other as observers to meetings of
common interest that they organize.
- To combat the illegal traffic in hazardous waste and other waste, the two
Secretariats will jointly draft and implement, each in its own field of competence,
measures to improve collaboration, co-operation and information between police
authorities and competent authorities and focal points.
- The Secretariat of the Basel Convention will provide the ICPO-Interpol with
information to help the Police to better appreciate the importance of issues
related to the illegal traffic of hazardous waste and other waste and the
implementation of the Basel Convention.
- The ICPO-Interpol General Secretariat will provide the Secretariat of the
Basel Convention with information to give Competent Authorities and Focal
Points a better understanding of Police services' tasks and their problems.
- The two Secretariats will jointly devise publications and other promotional
material to raise the awareness of and inform the services responsible for
combating illegal traffic in hazardous waste within the limits of their respective
budgetary and human resources.
- The two Secretariats will jointly devise training materials on combating
illegal traffic in hazardous waste and other waste and will, within the limits
of their respective resources, organize joint training activities for Police
and other enforcement officers, or participate in relevant training seminars
for enforcement personnel.
- The Secretariat of the Basel Convention will send the General Secretariat
of the ICPO-Interpol all the information and intelligence relating to infractions
against the Convention in its possession that it considers appropriate to
send. Upon receipt of the information, the specialized officers at the General
Secretariat will exploit it and, if necessary, communicate information solely
for the use of the ICPO-Interpol General Secretariat which must not be released
to NCBs or other agencies without the prior approval of the Secretariat of
the Basel Convention.
- The General Secretariat of the ICPO-Interpol will work in close co-operation
with the Secretariat of the Basel Convention to disseminate to the relevant
enforcement authorities general information on the type of hazardous waste
most commonly involved in the illegal traffic and, when considered appropriate
and with the prior approval of the NCBs concerned, will communicate to the
Secretariat of the Basel Convention information on violations of national
laws for the implementation of the Basel Convention, including any final results
of investigations into such violations.
- Any information received by the Secretariat of the Basel Convention from
the ICPO-Interpol will be processed and stored by its designated staff member
and will be treated as strictly confidential. Such information will not be
released to any person or organization without the prior approval of the General
Secretariat of the ICPO-Interpol.
- The General Secretariat of the ICPO-Interpol may seek information from the
intelligence database maintained by the Secretariat of the Basel Convention
but may not release any information obtained without consent.
- The General Secretariat of the ICPO-Interpol will assist, where appropriate
and within the limits of its resources, in the collection and communication
to the Secretariat of the Basel Convention of data relating to specific areas
of illegal traffic in hazardous waste and other waste, to enable better targeting
of enforcement efforts and the dissemination of intelligence.
- The Secretariat of the Basel Convention will assist, where appropriate and
within the limits of its resources, in the collection and communication to
the ICPO-Interpol General Secretariat of data relating to specific areas of
illegal traffic in hazardous waste or other waste, to enable better targeting
of enforcement, to support the work of the ICPO-Interpol's Crime Analysis
Section, the work of the Working Group on Crimes Related to Environmental
Pollution and the general dissemination of intelligence.
- Each organisation will nominate a contact person who will responsible for
liaison between the Secretariats and who will assure implementation of this
Memorandum of understanding.
The two Secretariats resolve that nothing in this Memorandum of understanding
will exclude any act done in the best interest of the enforcement of the Basel
Convention or of the principles of the International Criminal Police Organization-Interpol,
if authorized by the Executive Secretary of the Secretariat of the Basel Convention
and by the Secretary General of the ICPO-Interpol, and neither shall it be interpreted
to alter the rules and procedures of either body. This Memorandum may be revoked
by either signatory organization by giving three month's notice to the other
in writing.
Signed in two original copies in English.
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Per Bakken
Officer-in-Charge
Secretariat of the Basel Convention
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R.E. Kendall, Q.P.M., M.A.
Secretary General
ICPO-Interpol
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| Date: 4th November 1999 |
Date: 27th October 1999
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