Printable version

The SECI Center for combating transborder crime, herein after refered to as the SECI Center, The Government of Romania (represented by the Ministry of Interior) and, the International Criminal Police Organization-Interpol, Hereinafter jointly referred to as 'the Parties',

Considering the ICPO-Interpol's Constitution, Articles 2 and 3, Rules on International police co-operation and on the internal control of Interpol's archives, the Agreement on cooperation to prevent and combat transborder crime in South-Eastern Europe /the SECI Agreement/, the Headquarters Agreement between Romania and the SECI Center, the Rules of Organization and Operation of the SECI Center, the general standards and procedures for the processing of the information,

Considering the complementary nature of the tasks, objectives and responsibilities assigned and delegated to the SECI Center and Interpol,

Considering that the Government of Romania is willing to assist the two organizations in their co-operation at least until a new solution can be legally and technically implemented,

Wishing to enhance cooperation in order to achieve their respective objectives, in an effort to make international cooperation against crime more efficient and to avoid duplication of effort wherever possible,

Have agreed as follows:

Definitions

The SECI Center means the Regional Center of the Southeast European Cooperative Initiative for combating transborder crime, located in Bucharest.

The National Central Bureau of Romania, or NCB Romania, means the national service created by the Romanian authorities in order to ensure cooperation with the ICPO-Interpol in accordance with this Organization's Constitution.

The International Criminal Police Organization - Interpol, or ICPO-Interpol, or INTERPOL, means the General Secretariat of Interpol.

Personal data means any information relating to an identified or identifiable natural person: an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Information means personal and non-personal data.

Processing of information means any operation or set of operations which is performed upon information, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

Liaison officers means representatives of the authorities designated by the Parties of the SECI Agreement who carry out operative activities within the SECI Center. The scope of this document refers specifically to police liaison officers.

Objective of the Agreement

The objective of this Agreement is to allow SECI police liaison officers, each duly authorized by their national Interpol National Central Bureau, to exchange information with the ICPO-Interpol via the technical equipment of Interpol National Central Bureau of Romania.

This Agreement is concluded on an interim basis. The SECI Center and Interpol shall continue negotiations in order to reach an Agreement regulating the direct exchange of information between the two organizations.

Exchange of information

Communication between the SECI Center liaison officers and Interpol shall be conducted by means of access to technical equipment by NCB Romania. The technical modalities are specified in Annex I of the present Agreement.

Interpol shall provide SECI Center liaison officers with training on the equipment (hardware and software) to be used for the exchange of information.

NCB Romania shall ensure that communications are available to the recipient immediately without review or intervention. NCB Romania shall, in accordance with the existing Agreement with Interpol, maintain means of communication between SECI Center Liaison Officers and Interpol.

NCB Romania shall have no right of access to the content of the information exchanged between the SECI Center Liaison Officers and Interpol. NCB Romania's access is limited to the extent necessary to ensure that the operators are authorized users.

Costs

Interpol will pay only for communication from General Secretariat to NCB Romania.

SECI Center shall assume financial responsibility to ensure communication with Romanian NCB.

At such time as Interpol upgrades to the new Interpol communication system, SECI Center will assume financial responsibility for traffic generated by its liaison officers between Romanian NCB and Interpol.

SECI Center Liaison Officers

In order to exchange information with Interpol under the scope of the present Agreement, SECI Center Liaison Officers shall be duly authorized by the National Central Bureaus of their respective countries, in conformity with Interpol regulations.

SECI Center officials shall not interfere with the processing of information by SECI Liaison Officers and shall not process information exchanged under the scope of the present Agreement for their own use.

Each Party shall inform the others, without delay, of any misuse or breach of rules by a Liaison Officer.

Point of contact

The Parties shall each designate a point of contact in order to ensure the day-to-day implementation of the present Agreement. An evaluation of the co-operation under the scope of the present Agreement shall be conducted at least once a year and whenever it is deemed necessary by one of the Parties.

Settlement of Disputes

Any dispute between the Parties concerning the interpretation or implementation of this Agreement shall be settled amiably by and between their representatives. If an agreement cannot be reached, the matter shall be referred to an ad hoc Committee. This Committee shall be comprised of not more than two members of the SECI Joint Cooperation Committee, two representatives of Romanian authorities and two Senior Members of the Management Team of Interpol General Secretariat. The ad-hoc Committee will draw up its own rules of procedure. The Committee's advice will be submitted to the Director of the SECI Center, the Head of NCB Romania and the Secretary General of Interpol

Entry into force and duration

This Agreement will be in force until a co-operation agreement is concluded between the SECI Center and Interpol, but not beyond the date of 31 December 2003.

This Agreement may be amended by mutual consent between the Parties at any time in accordance with their respective statutory requirements. The Parties shall enter into consultations with respect to the amendment of this Agreement at the request of any Party.

Any Party may terminate this Agreement by giving three months written notice to the other Parties. The denunciation shall take effect on the date of the expiration of a three-month period after the notification is received by the other Parties.

The present Agreement will enter into force on the date of the receipt of the notification by which the Romanian authorities inform the other Parties on the fulfilment of the internal legal procedures of ratification.

The Agreement will be signed in three original copies, each in English and Romanian languages, all texts being equally authentic. In case of divergences of interpretation, the English text shall prevail. Original copies shall be deposited with SECI Center, Ministry of Interior of Romania and ICPO-Interpol.

In witness whereof, the undersigned duly representatives of the SECI Center, the Government of Romania and the ICPO-Interpol have affixed their signatures to this Agreement.