Chapter 7 International Cooperation
Section 1 General Provisions for International Cooperation
Article (50)
Competent Authorities, for the purpose of implementation of International Cooperation requests on the Crime, to conclude, negotiate and sign agreements in a timely manner with foreign counterpart authorities, in a manner that does not contradict the legislation in force in the State
Article (51)
Competent authorities shall give priority to all International cooperation requests related to the Crime and implement them expeditiously through clear and secure mechanisms and channels. The confidentiality of the information received shall be subject to the request, if required. If the confidentiality of the information cannot be kept, then the requesting authority shall be informed of the matter.
Article (52)
Within the scope of implementing the provisions of the Decretal-Law and this Decision, an International Cooperation request regarding the Crime shall not be rejected on the basis of any of the following:
- The crime involves financial, tax or customs matters.
- Secrecy provisions are binding upon Financial Institutions and DNFBPs, providing that they do not violate the applicable laws in the State, unless the relevant information was obtained under the circumstances where professional legal privileges or professional secrecy apply.
- The crime is political or related to a political crime.
- The request is connected with a crime subject of an ongoing investigation or prosecution in the State, unless the request impedes the investigation or the prosecution.
- The act, on which the assistance is based, does not constitute a crime in the State, or the act does not have similar attributes to a crime set out in the State, unless it involves constraining, coercive measures or its in accordance with the applicable laws in the State.
- The criminal act in the State is listed under a different name or description or that its structure varies from that of the requesting country.
- The crime involves financial, tax or customs matters.
Section 2 Exchange of Information between Competent Authorities and Counterparts
Article (53)
In accordance with the legislation and agreements in force in the State or on the condition of reciprocity, the competent authorities shall:
- Execute requests received from any foreign entity and exchange information on the Crime at the appropriate speed with foreign counterparts, and obtain any other requested information on its behalf, even if such requests change in nature, whether spontaneously or upon request.
- Provide feedback to foreign counterparts on the use of the information obtained and the extent to which it was beneficial, if requested to do so.
- Obtain a declaration or undertaking from the foreign counterpart that international cooperation information will only be used for the intended purpose, unless prior approval has been obtained.
- Use international cooperation information obtained for the intended purpose, unless the foreign counterpart grants its approval for use for another purpose.
- Refuse to provide information in the event that it is not effectively protected by the foreign counterpart requesting international cooperation.
- Execute requests received from any foreign entity and exchange information on the Crime at the appropriate speed with foreign counterparts, and obtain any other requested information on its behalf, even if such requests change in nature, whether spontaneously or upon request.
Article (54)
- The Competent Authorities commit to provide the means for international cooperation with respect to the basic information and Beneficial Owners of companies and legal arrangements, whereby such cooperation shall include the following:
- Facilitating the access of foreign competent authorities to basic information held by the registries of companies and legal arrangements;
- Exchanging information on legal arrangements and the shareholders in companies;
- Using their powers to obtain all the information on Beneficial Owners on behalf of foreign counterparts.
- Facilitating the access of foreign competent authorities to basic information held by the registries of companies and legal arrangements;
- The Competent Authorities shall supervise the implementation quality for the international cooperation requests received from other countries in relation to basic company information and Beneficial Ownership for companies and legal arrangements, as well as the requests for international cooperation relating to determining the location of the Beneficial Owner from companies abroad.
- The Competent Authorities commit to provide the means for international cooperation with respect to the basic information and Beneficial Owners of companies and legal arrangements, whereby such cooperation shall include the following:
Article (55)
In accordance with the legislation in force in the State, and the provisions of the agreements to which they are a party, and on the condition of reciprocity, the Supervisory Authorities of the Financial Institutions shall:
- Exchange information relating to the appropriate Crime that it maintains and which is available to it directly or indirectly, with foreign counterparts, regardless of their nature, and consistent with the relevant international financial control principles relevant to anti money-laundering and combating the financing of terrorism applicable to each of them, including information on:
- The regulatory framework of the financial sectors and the general information related to them.
- Preventive financial control measures such as information related to the activities and works of financial institutions, their real beneficiaries, their management, and information of merit and eligibility.
- Internal policies of financial institutions in the field of combatting the Crime, CDD information of Customers, and of information related to accounts and transactions.
- The regulatory framework of the financial sectors and the general information related to them.
- Obtaining prior approval of the foreign supervisory authority, where the information is required for transmission or use, other than for the intended purpose, and to informing it of the matter in the event of disclosure of such information whenever it is the result of a legal obligation.
- Requesting or facilitating access to information on behalf of the foreign supervisory authority, for the purposes of enhancing supervision on the financial group.
- Exchange information relating to the appropriate Crime that it maintains and which is available to it directly or indirectly, with foreign counterparts, regardless of their nature, and consistent with the relevant international financial control principles relevant to anti money-laundering and combating the financing of terrorism applicable to each of them, including information on:
Article (56)
Without prejudice to the provisions of the treaties and conventions to which the State is a party and subject to reciprocity; and without prejudice to the legislation in force in the State, Law Enforcement Authorities, in coordination with the Competent Authority, may:
- Exchange information held by it, either directly or indirectly, with foreign counterparts for purposes of investigation or collection of inferences relating to Crime, identification and tracking of proceeds and intermediaries.
- Use the powers conferred upon it in accordance with the legislation in force in the State to conduct investigations and obtain information on behalf of the foreign counterpart, and coordinate the formation of bilateral or multilateral teams to conduct joint investigations.
- Exchange information held by it, either directly or indirectly, with foreign counterparts for purposes of investigation or collection of inferences relating to Crime, identification and tracking of proceeds and intermediaries.
Section 3 International Legal Assistance
Article (57)
Upon request from another judiciary authority in another country, with whom there is a valid agreement in place with the State, or on the basis of reciprocity concerning any acts that are punishable as per the applicable laws in the State, the competent judiciary authority shall provide legal assistance in investigations, trials or measures linked to the Crime and it shall order the following:
- Locating, Freezing, Seizing or Confiscation of Funds, Proceeds or Means that have been used, or intended for use in the Crime, or their equivalent. The death or anonymity of the suspect shall not prevent undertaking such measures.
- Any other measures applicable in accordance with the enforceable laws in the State, including the provision of records maintained by Financial Institutions, DNFBPs or NPOs, the search of persons and buildings, gathering statements from witnesses, collecting evidence, using investigative methods such as Undercover Operations, wiretapping, communications, obtaining electronic data and information and Controlled Delivery.
- Extradition and repatriation of persons and things related to the Crime in accordance with the laws applicable in the State.
- Locating, Freezing, Seizing or Confiscation of Funds, Proceeds or Means that have been used, or intended for use in the Crime, or their equivalent. The death or anonymity of the suspect shall not prevent undertaking such measures.
Article (58)
It is permitted to recognise any judgement or judicial order that provides for the confiscation of Funds, Proceeds or Means relating to Money Laundering, the Financing of Terrorism or the Financing of Illegal Organisations issued by a competent court or judiciary authority in another country, with whom there is an attested agreement in place with the State.
Article (59)
Taking into consideration the applicable laws in the State, the implementation of the judgement or judicial order mentioned in Article (58) of the present Decision shall not contradict a judgment or order previously issued by a court in the State, there shall not be an ongoing charge in the State regarding the same judgment issued from the requesting country, and the request shall also include the following documents and information:
- An attested copy of the judgment or judicial order for Confiscation along with the law on which it is based, and a statement of the reasons for issuing the confiscation order, if not mentioned in the judgment or the order itself.
- A statement establishing that the sentenced person has been duly summoned and represented, and has been able to defend himself.
- A document confirming that the judgement or judicial order is enforceable and not subject to appeal through ordinary methods.
- Description of the Funds, Proceeds and Means for Confiscation, their estimated value, their potential location and information regarding any persons who might be holding or possessing these funds.
- Statement of the amount to be repatriated from the funds for Confiscation.
- Any information relating to third party rights on the Funds, Proceeds or Means.
- Statement of the procedures undertaken in the requesting country to protect bona fide third parties.
- An attested copy of the judgment or judicial order for Confiscation along with the law on which it is based, and a statement of the reasons for issuing the confiscation order, if not mentioned in the judgment or the order itself.
Section 4 Implementation of the Security Council Resolutions
Article (60)
Every natural or legal person shall immediately comply with the instructions issued by the Competent Authorities in the State concerning the implementation of the resolutions issued by UN Security Council under Chapter VII of the Charter of the United Nations regarding the prevention and suppression of terrorism and Terrorism Financing, and the prevention and suppression of the proliferation of Weapons of Mass Destruction and its financing, and any other related decisions.