14. člen BYUBOK

(1)Ta sporazum začne veljati na dan prejema zadnjega od uradnih obvestil, s katerima se pogodbenici obvestita o izpolnitvi vseh notranjepravnih pogojev, potrebnih za začetek njegove veljavnosti.

(2)Ta sporazum je sklenjen za nedoločen čas. Vsaka pogodbenica ga lahko odpove po diplomatski poti. Odpoved začne veljati šest mesecev po dnevu prejema uradnega obvestila o odpovedi. Sklenjeno v Ljubljani dne 6. aprila 2001 v dveh izvirnikih v slovenskem, srbskem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Ob razlikah v razlagi prevlada angleško besedilo. ZA VLADO REPUBLIKE SLOVENIJE dr. Rado Bohinc l. r. ZA ZVEZNO VLADO ZVEZNE REPUBLIKE JUGOSLAVIJE Zoran Živković l. r. The Government of the Republic of Slovenia And The Federal Government of the Federal Republic of Yugoslavia, Hereinafter referred to as the Contracting Parties, Having the wish to contribute to the development of bilateral relations, To co-operate in the fight against crime, especially organised crime, illicit drugs, psychotropic substances and precursors trafficking, terrorism and other serious crimes, To enhance their joint efforts in the prevention of terrorism and illicit drugs abuse, To harmonise joint actions against international organised crime, Have agreed as follows:

(1)The Contracting Parties shall, in accordance with their national law, co-operate in the prevention of terrorism, illicit drugs, psychotropic substances, and precursors trafficking and organised crime, in the detection, oppression and prosecution of such crimes, as well as the prevention, detection, oppression and prosecution of other serious crimes.

(2)The Contracting Parties shall co-operate especially in cases when criminal offences or preparations thereof are committed on the territory of one of the Contracting Parties and the information indicates a possibility of preparing or committing the same on the territory of the other Contracting Party. The Contracting Parties shall co-operate in the detection and suppression of crime, especially organised crime, and shall: a) inform each other about all data on persons, involved in organised crime and their connections; about criminal organisations and groups; typical behaviour of perpetrators and groups; facts, with special attention to the time, place and modus operandi of criminal offences; subjects of attack; special circumstances, and about the provisions of the penal legislation which were violated and of the measures taken, if this is necessary in order to prevent serious crimes; b) upon request perform certain police activities in accordance with the national law of the requested Contracting Party; c) co-operate in investigations in accordance with the present Agreement and their national law through co-ordinated police measures, including mutual assistance in personnel, technical equipment and organisation; d) exchange information and experience concerning new forms and methods used in the international organised crime; e) exchange the results of forensic and criminalistic investigations and expertise, criminological and other studies of crime, inform each other of their investigative practice, as well as of the methods and means of their work; f) exchange, upon request, written materials, samples of official documents and objects used in the perpetration of or deriving from criminal offences; g) exchange experts for improvement of the quality of work, and to enable their further training in order to obtain higher degree of professional knowledge, for the fight against organised crime; h) organise working meetings in order to discuss the preparation and implementation of necessary measures. For the prevention of and fight against illicit cultivation, production, export, import and transport of drugs, psychotropic substances and precursors (hereinafter referred to as drugs), as well as illicit trafficking of such substances, the Contracting Parties, in accordance with their national law, shall: a) communicate any information relating to persons involved in illicit drug cultivation, production and trafficking, to drug hideouts, to transportation means and modus operandi, to places of origin and destination of drugs, including any other particular details connected with criminal offences, if this is necessary for crime prevention or, in certain cases, for the prevention of other serious criminal offences; b) exchange information concerning usual and new ways and routes of illicit international drug trafficking and all other relevant information; c) exchange the results of forensic and criminalistic investigations of illicit drug trafficking and drug abuse; d) exchange samples of new drugs; e) exchange their experience relating to the supervision of legal trading in drugs with regard to the possibilities to fight the illegal trafficking in such substances; f) co-ordinate their police activities, in accordance with their national law. In order to prevent and counter terrorism, the Contracting Parties shall, in accordance with their national law and subject to the present Agreement: a) exchange information relating to planned or committed terrorist actions, persons and groups involved, ways of performance and technical means used in such acts; b) exchange information about terrorist groups, their members who plan, execute or have executed their deeds on the territory of one of the Contracting Parties to its detriment, against its interests, such information being useful for suppression of terrorism and for prevention of other violent criminal offences as defined by the European Convention on the Suppression of Terrorism (Strasbourg, 27 January 1977). In accordance with their national law and the present Agreement the Contracting Parties shall co-operate also in the prevention, detection and suppression of other serious crimes, including money laundering. The co-operation between the Contracting Parties shall also include: a) exchange of information regarding the legislation dealing with the fight against crime, which is subject of co-operation under this Agreement; b) exchange of information concerning all benefits obtained by criminal activity; c) exchange of any information important to one of the Contracting Parties in the fight against trafficking in human beings, as well as exchange of legislation and experience relating to illegal migrations.

(1)For the purpose of implementing the provisions of the present Agreement the Contracting Parties shall assign their competent authorities and duly authorise them to co-operate directly and operatively in accordance with their competencies, which can be specified through bilateral written protocols.

(2)The exchange of information between the competent authorities shall be performed in English, unless otherwise agreed. The competent authorities of the Contracting Parties in accordance with their national law and in consideration of the Convention for the Protection of Persons with Regard to the Automatic Processing of Personal Data (Strasbourg 28 January 1981) and the Recommendation No R 87-(15) of the Council of Ministers of the Council of Europe to the Member States regulating the protection of personal data in the police sector (Strasbourg 17 September 1987) shall apply the following conditions for the protection of personal data exchanged within their co-operation: a) the competent authority receiving such data may process them only for the purposes and under the conditions defined by the sending competent authority; b) upon request by the sending competent authority the receiving competent authority shall inform the latter of the processing of such data and of its results; c) personal data may be delivered only to the authorities or organisations competent for crime suppression, fighting against terrorism, drug-related crimes and organised crime. Such data may be transferred to any other authorities only upon previous written consent of the sending competent authority; d) the competent authority sending the requested data must make sure that the data are correct, that the delivery of the data is absolutely necessary and that the delivery is in accordance with its aim. Should it turn out that untrue data or data that should not have been disclosed were delivered, the receiving competent authority shall be immediately informed of the fact and shall immediately destroy any data delivered by mistake or without permission or correct any untrue data; e) upon request by an entitled individual all existing data about him/her, as well as the planned processing thereof, shall be explained to such individual. With respect to giving information on personal data, the national law in force in the state of the delivering competent authority shall prevail; f) the competent authority that provides the data in compliance with its national law shall also determine upon delivery the valid terms for the deletion of such data. Regardless of the latter fact, all data concerning a certain person must be deleted after they are no longer needed. The sending competent authority must be informed of the deletion and the reasons thereof. All personal data received shall be destroyed upon termination of the present Agreement; g) the competent authorities are obliged to keep record of the delivery, receipt and deletion of personal data; h) the competent authorities shall provide efficient protection of personal data to prevent the access of unauthorised persons to such data and are not allowed to change or publish them.

(1)The Contracting Parties guarantee the confidentiality of all delivered data, determined as confidential by the Contracting Parties in accordance with their national law.

(2)The forwarding of materials, data and technical equipment delivered in accordance with the present Agreement to a Third State is possible only upon a written consent of the competent authority of the delivering Contracting Party.

(1)The Contracting Parties shall form a Joint Committee for the implementation and evaluation of the co-operation under this Agreement. The Contracting Parties shall inform each other through diplomatic channels of the composition of the Joint Committee, which shall consist of at least three members from each Contracting Party.

(2)The Joint Committee shall meet when needed. Any of the Contracting Parties may initiate, if necessary, meetings of the Joint Committee. The Joint Committee shall hold its meetings alternately in the Republic of Slovenia and in the Federal Republic of Yugoslavia.

(3)The Joint Committee shall adopt its own Rules of Procedure. The Ministers of Interior of the Contracting Parties shall appoint a contact person to keep contacts with the competent authorities of the other Contracting Party. Either Contracting Party may deny, in whole or in part, its co-operation and its support or may set certain conditions thereof if this is restricted by its national law, if this endangers the security or other national interests or sovereignty of the State or violates its national law. The provisions of this Agreement shall not affect any bilateral or multilateral agreement binding the Contracting Parties.

(1)The present Agreement shall enter into force on the date of the receipt of the last notification by which the Contracting Parties inform each other of the fulfilment of the internal legal requirements necessary for its entry into force.

(2)The present Agreement is concluded for an indefinite period of time. Either Contracting Party may terminate the present Agreement through diplomatic channels. The termination shall become effective six months following the day the notification of termination was received. Done in Ljubljana on 6 April 2001 in two original copies, each in Slovenian, Serbian, and English language, all texts being equally authentic. In case of any divergence of interpretation the English text shall prevail. FOR THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA Dr Rado Bohinc, (s) FOR THE FEDERAL GOVERNMENT OF THE FEDERAL REPUBLIC OF YUGOSLAVIA Zoran Živković, (s)