Cooperation agreement between the International Criminal Police Organization and the International Chamber of Commerce

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The International Criminal Police Organization-Interpol (hereinafter referred to as Interpol) and The International Chamber of Commerce (hereinafter referred to as ICC),

Noting that the growth of electronic commerce and the increase in economic transactions carried out using state-of-the-art technology is giving new impetus to international economic crime,

Considering that international co-operation is needed to combat international economic crime in all its forms (fraud, counterfeiting, money laundering, illegal import/export, cybercrime, etc.),

Recalling that Article 2 of Interpol's Constitution states that the aims of the Organization are '(1) To ensure and promote the widest possible mutual assistance between all 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; (2) To establish and develop all institutions likely to contribute effectively to the prevention and suppression of ordinary law crimes',

Recalling that Article 41 of Interpol's Constitution states that the Organization '[…] shall establish relations and collaborate with other intergovernmental or non-governmental international organizations',

Considering that Interpol and national law enforcement agencies need to increase their technical expertise to be able to curb international economic crime, and in particular offences committed in cyberspace,

Recalling that Article 1(2) of the Constitution of ICC states that the organization '[…] brings together the various economic sectors in market economy countries and acts to: (a) represent trade, industry, finance, transport, insurance and, in general, all sectors of international business; (b) ascertain the views of corporations, companies, organisations, firms and individuals involved in international trade and related business operations and voice them to the relevant intergovernmental institutions […]',

Noting that ICC has recently established a Cybercrime Unit as part of its specialized division known as Commercial Crime Services (ICC-CCS) and that the tasks of ICC-CCS include carrying out investigations, devising security procedures and keeping abreast of developments in this rapidly changing area of crime,

Considering that it is also essential to raise awareness among international economic sectors and law enforcement agencies as to the types and sources of economic crime to which the public is and could be exposed,

Emphasizing that co-operation between ICC (through ICC-CCS) and Interpol constitutes a significant step forward in the fight against this type of crime,

Recalling that by means of an Exchange of Letters between ICC and Interpol, an interim agreement was concluded on 18th November 1999,

Have agreed on the following:

Mutual consultation

1. Interpol and ICC shall consult regularly, through their representatives, on matters of common interest for the purpose of realizing their objectives and co-ordinating their respective activities in order to avoid any overlap.
   
   
2. When appropriate, consultation shall be arranged at the required level between representatives of ICC and Interpol to agree upon the most effective way in which to organize particular activities and to optimize the use of their resources in compliance with their respective mandates.
   
   

Exchange of information

1. Interpol and ICC shall co-operate in the area of combating economic crime, particularly offences committed in cyberspace, by exchanging information within the limits of their internal regulations.
   
   
2. 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 Party, in accordance with its internal regulations.
   
   
3. Subject to such arrangements as may be necessary for the safeguarding of confidential information, Interpol and ICC shall ensure full and prompt exchange of information and documents on matters of common interest.
   
   
4. The two Parties shall communicate to each other any information they may have concerning new trends, modus operandi and common characteristics in cases of economic crime, in particular offences committed in cyberspace, and statistics they may have on this form of crime.
   
   
5. ICC shall authorize Interpol to reproduce and circulate, for crime prevention purposes, the information it receives from ICC. Interpol shall indicate the source of that information. In conformity with its internal regulations, Interpol shall make the necessary arrangements for the use of information thus communicated.
   
   
6. Interpol and ICC shall combine their efforts to achieve the best use of all available information concerning economic crime, and in particular offences committed in cyberspace.
   
   

Reciprocal representation

1. Arrangements shall be made for reciprocal representation at Interpol and ICC meetings convened under their respective auspices and which consider matters in which the other party has an interest or technical competence.
   
   
2. The Secretary General of ICC and the Secretary General of Interpol shall each designate a person to act as a focal point with a view to ensuring the implementation of the provisions of the present Co-operation Agreement.
   
   

Technical cooperation

1. Interpol and ICC shall, in the interest of their respective activities, seek each other's expertise to optimize the effects of such activities.
   
   
2. Each party shall, at the request of the other party, review projects at national, regional and global levels in order to provide comments and suggestions appropriate to its domain of expertise.
   
   
3. By mutual agreement and within the limits of their resources, the Parties shall work together to: set up and implement programmes, projects and activities linked to combating economic crime, in particular offences committed in cyberspace; organize workshops, seminars or any other awareness-raising initiatives so that economic sectors and law enforcement agencies may share experience and expertise and organize training for personnel involved in combating this form of crime.
   
   

Entry into force, modification and duration

1. The present Co-operation Agreement shall enter into force on the date on which it is signed by the Secretary General of Interpol and the Secretary General of ICC, subject to the approval of the Interpol General Assemby and of the ICC's Executive Board.
   
   
2. The present Co-operation Agreement may be modified by mutual consent expressed in writing. It may also be revoked by either party by giving six months' notice to the other party
   
   
3. The present Co-operation Agreement replaces the Exchange of Letters dated 18th November 1999.
   
   

In witness whereof, the Secretary General of the International Criminal Police Organization-Interpol and the Secretary General of the International Chamber of Commerce have signed the present Co-operation Agreement in duplicate, in French and English, both texts being equally authentic, on the dates appearing under their respective signatures.