| General co-operation agreement between the General Secretariat
of the International Criminal Police Organization-Interpol and the General Secretariat
of the Organization of the American States |
|
Printable version
The Parties, the General Secretariat of the International Criminal
Police Organization-Interpol (hereinafter referred to as 'GS/INTERPOL')
and the General Secretariat of the Organization of American States (hereinafter
referred to as the 'GS/OAS');
Wishing to co-ordinate their efforts to combat crime within the framework
of the missions assigned to them by the member states of their respective organizations;
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 of its member
countries, represented by their national criminal police authorities, within
the limits of the laws existing in those member countries and in the spirit
of the Universal Declaration of Human Rights;
Recognizing that the GS/OAS is a public international organization with
headquarters in Washington, D.C., U.S.A., and that it is the central and permanent
organ of the Organization of American States (hereinafter referred to as the
'OAS');
Recognizing that the OAS was founded, pursuant to its Charter, to put
into effect the principles for which the OAS was created and to fulfill its
regional obligations under the Charter of the United Nations, including, among
others, to strengthen the peace and security of the continent and to seek the
solution of political, juridical and economic problems that may arise in its
member states;
Recognizing the desirability of the GS/OAS and GS/INTERPOL co-operating,
within the fields of their respective competence, to combat criminal activity
including, among other matters, corruption, terrorism, illicit drug trafficking,
illicit firearms trafficking, economic crimes, fraud, theft of cultural properties,
and offences against the person, including children;
Taking Into Account that GS/OAS is authorized to enter into this General
Cooperation Agreement pursuant to authority granted by Article 112(h) of the
OAS Charter, by Resolution AG/RES 57 (I-O/71) of the OAS General Assembly, and
by Article 3(h) of the General Standards to Govern the Operations of the GS/OAS;
Taking Into Account that GS/INTERPOL is authorized to enter into this
General Cooperation Agreement pursuant to authority granted by Article
41 of its Constitution and by Resolution AGN/67/RES/4,
adopted by the INTERPOL General Assembly held in Cairo, Egypt, in October 1998;
Agree to the following:
Purpose
- The purpose of this General Cooperation Agreement (hereinafter the 'Agreement')
is to enable GS/INTERPOL and GS/OAS (collectively referred to hereinafter
as the 'Parties'), to jointly benefit from closer collaboration
for the prevention and suppression of crime, including, but not limited to,
corruption, terrorism, illicit drug trafficking, illicit firearms trafficking,
economic crimes, fraud, theft of cultural properties, and offences against
the person, including children.
Mutual Consultation
- The Parties agree to consult regularly on common policy issues and on matters
of mutual interest with a view to assisting each other in realizing their
respective objectives in combating crime, and, where appropriate, to coordinate
activities to this end.
- Subject to sub-Article 3.2, 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 coordination
between them.
- The Parties agree to arrange consultations between appropriate representatives
of each other for the purpose of determining the planning and organization
of particular activities in a manner that optimizes the use of their resources
in compliance with their respective mandates.
Exchange of information
- The Parties agree, where appropriate, to combine efforts to maximize the
use of available information relating to criminal matters.
- Subject to such restrictions and arrangements as may be considered necessary
by each Party for the safeguarding of confidential information, GS/INTERPOL
and GS/OAS agree to fully and promptly exchange information and documents
concerning matters of common interest.
- Communication of police information by GS/INTERPOL to GS/OAS shall be subject
to INTERPOL's internal regulations. If an item of information which has been
communicated by GS/INTERPOL to GS/OAS is subsequently modified in the GS/INTERPOL
databases by GS/INTERPOL or by one of INTERPOL's member states, GS/INTERPOL
shall inform GS/OAS without delay in writing so that the latter may bring
its own information up-to-date. Where GS/INTERPOL has so informed GS/OAS that
an item of information has been modified, GS/INTERPOL shall not be liable
in the event that the use by GS/OAS of that modified item of information is
prejudicial to an individual's or an entity's interests. Police information
communicated by GS/INTERPOL to GS/OAS shall be used by GS/OAS exclusively
for the purposes related to the prevention or suppression of ordinary law
crime, with due respect for national laws and international treaties.
- The expression 'ordinary law crime' in preceding Article 3.3, refers to
all crimes other than those of a political, military, religious or racial
nature, in which pursuant to Article
3 of its Constitution, INTERPOL is forbidden to intervene.
- Communication of information by the GS/OAS to GS/INTERPOL shall be subject
to the provisions of the GS/OAS's internal regulations.
Reciprocal representation
In accordance with their respective regulations, the Parties agree to notify
and invite each other to attend, as observers, meetings convened under their
respective auspices to consider matters in which the other Party has an interest
or is technically competent.
Scope of Agreement
- This Agreement sets out a framework for cooperation by the Parties and
does not obligate any funds. The Parties agree to document and to carry out
projects by means of specific 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 programs' to that end.
- This Agreement in no way restricts either Party from participating in similar
arrangements or agreements with other public agencies, non-profit organizations,
individuals, or other entities.
Technical Co-operation
- Each Party may seek the other's technical expertise and cooperation in
areas of their respective competence, in particular in their efforts to combat
criminal activities addressed by their respective mandates, and the Parties
may conclude specific agreements to this end.
- The rights and responsibilities of the Parties in any publications that
might result from a specific joint project or activity shall be established
in the corresponding MOU or in a separate written agreement between them.
Personnel Arrangements
Subject to their relevant internal regulations, GS/OAS and GS/INTERPOL agree
to examine the possibility of organizing the exchange of personnel on a temporary
basis; and they may enter into special agreements for that purpose, in accordance
with Article 6 above.
Coordination measures and designation of contact persons
- GS/INTERPOL and GS/OAS each agree to designate the member of their respective
staffs identified in Article 9.1 to maintain direct and on-going contact to
effect implementation of the consultative, information exchange, representational
and technical co-operation measures referred to in this Agreement.
- To the extent possible, decisions that the Parties need to take with respect
to the application of this Agreement shall be taken by the designated representatives.
However, where necessary, decisions shall be referred to the appropriate higher
level decision-maker of each Party.
- Cooperation between the Parties to implement this Agreement shall take
into account each of their annual or multi-annual program budgets. Implementation
of specific work projects shall be subject to the annual program budgets of
each of the Parties as approved by their appropriate policy-making body and
to the availability of adequate resources as each Party shall determine for
each activity in accordance with its respective norms and regulations.
Responsible Officials
- The designated representatives of the Parties responsible for the implementation
of this Agreement and for receiving notice hereunder are:
| For GS/OAS |
For GS/INTERPOL
|
| Executive Secretary, Inter-American Drug AbuseControl Commission
(CICAD) |
Director,Criminal Intelligence Directorate
ICPO-Interpol
|
General Secretariat of the Organisation of
American States
1889 F St. N.W.
Washington, D.C. 200006
U.S.A.
Tel: (202) 458 3178
Fax: (202) 458 3658
E-Mail: dbeall@oas.org |
200, quai Charles de Gaulle
69006 Lyon
France
Tel: 33.4.72.44.70.20
Fax: 33.4.72.44.72.17
E-Mail: d2sd1@interpol.int
|
- Either Party may change its designated representative for this Agreement,
at any time, by giving notice in writing to the other.
Dispute Resolution
The Parties agree to attempt to resolve amicably any disputes arising in relation
to the interpretation or application of this Agreement. However, if such resolution
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 that either of the Parties may enjoy under the laws
of the United States of America or international law.
Entry into force, modification and duration
- This Agreement shall enter into force on the date on which it is signed
by the Secretary General of GS/INTERPOL subject to the approval of the GS/INTERPOL
Executive Committee, and by the Secretary General of the GS/OAS.
- This Agreement may be modified by mutual consent expressed in writing and
signed by the authorized representatives of the Parties. In addition, either
Party may terminate this Agreement at any time by giving sixty days' prior
written notice to the other.
- The suspension or termination of this Agreement shall not affect the validity
or duration of any specific projects or activities which have been initiated
under it and that are duly funded prior to the suspension or termination,
unless the corresponding MOU provides to the contrary.
In witness whereof, the undersigned, being duly authorized, have signed this
General Cooperation Agreement in duplicate on the date and at the places indicated
below.
|
For the General Secretariat of the International Criminal
Police Organization-Interpol
R. E. Kendall, Q.P.M., M.A.
Secretary General
Lyon, France
|
For the General Secretariat of the Organization
of American States
César Gaviria
Secretary General
Washington, D.C., U.S.A
|
| Date: 2nd May 2000 |
Date: 1st November 1999
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