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security cooperation Agreement between Egypt and Germany

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security cooperation Agreement between Egypt and Germany

The Government of the Federal Republic of Germany And the Government of the Arab Republic of Egypt, hereinafter referred to as the “Contracting Parties”, Desiring to further consolidate and develop the friendly relations between the Federal Republic of Germany and the Arab Republic of Egypt, Convinced that cooperation is extremely important for the effective prevention and fight against crime, and wishing to support one another and to cooperate more closely with regard to mutual assistance in the event of disasters and serious accidents for the sake of the population, Motivated by the desire to protect the citizens of their states and other persons in their territory effectively against criminal offences, Aware that secure border protection is fundamental for effectively fighting terrorism and ensuring the security and thus is a major challenge currently faced by the Contracting Parties and their societies, Mindful of the aims and principles of international agreements which are binding upon both states, and of the resolutions of the United Nations and its specialized agencies in the field of crime control, counter-terrorism, humanitarian aid and the  protection of human rights, Have agreed as follows:

Areas of cooperation

The Contracting Parties shall cooperate, in accordance with their respective national law and upholding human rights, through their competent authorities in preventing and combating organized crimes, acts of terrorism and serious crimes as defined in the United Nations Convention of 15 November 2000 against Transnational Organized Crime and in tracking down the offenders of such crimes, and to provide technical assistance in the event of disasters and serious accidents.

Cooperation

In the field of crime control

(1) The Contracting Parties shall cooperate in accordance with Article 10 in preventing and combating organized crimes, acts of terrorism and serious crimes and in tracking down the offenders of such crimes, in particular in the following areas:

1. Criminal offences against life and limb;

2. Terrorism;

3. illicit cultivation, production, extraction, processing, storage, import, export and transit of or trafficking in narcotics (addictive substances, psychotropic substances) and substances frequently used for the illicit production of narcotics, hereinafter referred to as “precursor substances”;

4.production of and trafficking in counterfeit medicinal products and counterfeit substances;

5. Procuration and trafficking in human beings;

6. Smuggling humans;

7. illicit manufacturing of, illicit trade in and smuggling of weapons, ammunition, explosives and firecrackers as well as chemical, biological, radioactive or nuclear material and weapons;

8. Illicit trade in potential dual-use goods and technologies;

9. Illicit trade in cultural property;

10. Extortion and kidnappings for ransom;

11. Production and dissemination of counterfeit money, falsification of means of non-cash payment or securities or use of falsified means of non-cash payment or securities;

12. Forgery or falsification of official documents and certificates;

13. Theft of public and private property;

14. cross-border trafficking of stolen vehicles;

15. Fraud, including subsidy fraud;

16. Evasion of taxes and customs duties;

17. Corruption;

18. Confidence games and illicit gambling;

19. Money laundering and terrorist financing;

20. Offences against the environment;

21. Computer crime;

22. Intellectual property crime, including product piracy and counterfeiting.

(2) To this end, in accordance with Article 10, the Contracting Parties will

1. Exchange experts to provide one another with information regarding the types and methods of crime prevention and suppression, and experts for particular forms of crime suppression and forensic science;

2. inform one another, in accordance with Article 6, about the particulars of those involved in criminal offences, structures of offender groups and criminal organizations and the links between them, typical behavior patterns of offenders and groups of offenders, facts of the criminal offences, in particular when, where and how they were committed, the means and resources used by the offender, any particularities, the penal provisions violated and the measures taken, insofar as this is necessary to prevent and combat, and track down the offenders of, serious criminal offences or to avert a substantial threat to public security in any given Case;

3. carry out, upon request, operational measures which are admissible under the law of the requested Contracting Party; they may grant representatives of the competent agencies of the other Contracting Party permission to be present when such operational measures are carried out; cooperate in the course of operational investigations through coordinated police measures, providing support in terms of staff, material and organization;

5. Carry out joint measures to combat illicit activities involving narcotics and precursor substances in accordance with paragraph 1 number 3;

6. Share experience and information in particular on common methods of cross-border organized crime and special and new forms of committing crimes;

7. cooperate in the field of forensic and criminological research and exchange findings as needed;

8. provide one another with samples of objects obtained from or used in criminal activities or that have been abused;

9. assist one another in carrying out seminars, courses and applied exercises, in seconding experts to share experience and in developing training course material and curricula;

10. provide assistance to the other Contracting Party in individual cases within available human and financial resources;

11. hold working meetings as needed and as part of concrete investigations to prepare and conduct joint measures.

(3) The Contracting Parties shall cooperate particularly in cases involving criminal or terrorist activities or preparations for criminal or terrorist activities in the territory of one of the Contracting Parties where there is reason to believe that these activities have the capacity to affect the territory of the other Contracting Party or to pose a threat to its security.

Cooperation in the field of civil protection

The Contracting Parties shall cooperate, as far as possible and within their available resources, in accordance with their national law and on a voluntary basis in the field of civil protection training and equipment and in managing disasters and serious accidents and the resulting impacts by seconding specialized personnel.

Security of travel documents

(1) The Contracting Parties guarantee the highest level of protection of their travel documents against forgery. Given the fact that both states use travel documents which meet international standards, they shall review them for compliance with the minimum security standards for machine-readable travel documents recommended by the International Civil Aviation Organization (ICAO), and, where necessary, adapt their travel documents as soon as possible.

(2) The Contracting Parties shall advance the necessary technical developments in order to incorporate biometric features into their travel documents, if they have not already done so. Both Contracting Parties shall support ICAO’s standardization efforts, taking into account the relevant ICAO recommendations.

(3) The Contracting Parties shall cooperate in the field of security of travel documents, for example by deploying document and visa advisers, inform one another about the measures taken with regard to their own travel documents and exchange sample travel documents.

Information requests

(1) Information shall be transmitted, subject to the national law of the Contracting Parties, by the competent agencies of one Contracting Party pursuant to Article 8 upon a written request of the competent agencies of the other Contracting Party. In urgent cases, requests may also be made verbally; however, verbal requests must be confirmed in writing without delay.

(2) Requests pursuant to paragraph 1 shall be made in English and shall contain

1. information concerning the purpose of the request;

2. the information needed to meet the request;

3. a statement as to what items of information are to be transmitted; and

4. any deadlines within which to meet a request, if necessary.

(3) The competent agencies of one Contracting Party shall, in compliance with its national law, also in the absence of a request, provide the competent agencies of the other Contracting Party with any information which may be of importance to track down the offenders of or combat serious and organized crimes or acts of terrorism.

(4) Any information that has been communicated must not be disclosed to any third party without prior written consent by the communicating Contracting Party.

Protection of personal data

In compliance with the national law of each Contracting Party, personal data, hereinafter referred to as “data”, shall be communicated and used in the framework of this Agreement by the agencies of the Contracting Parties referred to in Article 8 in accordance with the following provisions:

1. The receiving agency of one Contracting Party shall, upon request, notify the communicating agency of the other Contracting Party as to how the data are to be used and of any results achieved.

2. The receiving agency shall use the data only for the purposes set forth in this Agreement and on the terms specified by the communicating agency.

3. The communicating agency shall ensure that the data to be communicated are accurate and necessary and proportionate with regard to the purpose of the data communication. In doing so, any communication restrictions applicable under the relevant national law shall be respected. The data shall not be communicated if the communicating agency has any reason to assume that doing so would violate national law or harm the legitimate interests of the data subjects. If it is found that data have been communicated that are inaccurate or that should not have been communicated, the receiving agency shall be informed of this fact immediately. The receiving agency shall correct or delete the data without delay.

4. The receiving agency shall notify the data subject concerned of the collection of data at the communicating agency and of the purpose for which the data are to be used, in accordance with the national law of the receiving Contracting Party. The data subject concerned shall not be notified if such notification would impair public security.

5. In the event that a person is unlawfully harmed by the communication of inaccurate data about that person or by the communication of his or her data, the Contracting Party responsible for communicating the data or for unlawfully causing the communication of such data, shall compensate the person concerned for that harm in accordance with its national law.

6. When communicating data, the communicating agency shall indicate any time limits for the retention of these data in accordance with its national law, after which time the data must be deleted. Irrespective of these time limits, the data communicated shall be deleted as soon as they are no longer required for the purpose for which they were communicated.

7. The communicating agency and the receiving agency shall ensure that a record of the communication and receipt of the data is kept on file.

8. Both the communicating agency and the receiving agency shall ensure that the data communicated are effectively protected against unauthorized access, unauthorized alteration and unauthorized disclosure.

Implementing provisions and regular meetings

(1) The Contracting Parties shall hold regular talks to discuss this Agreement.

(2) The Contracting Parties shall hold consultations as necessary for effective cooperation pursuant to Articles 1 to 3. Details and procedures with regard to the agreed cooperation may be put in writing in a separate document.

Competent agencies

(1) For the Government of the Federal Republic of Germany, the competent agencies responsible for implementing this Agreement shall be

1. the Federal Ministry of the Interior;

2. the Federal Ministry of Finance;

3. the Federal Ministry of Health;

4. the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety;

5. the Federal Ministry of Transport and Digital Infrastructure;

6. the Federal Criminal Police Office;

7. the Federal Police Headquarters;

8. the Customs Criminological Office;

9. the Federal Institute for Drugs and Medical Devices;

10. the Federal Office of Civil Protection and Disaster Assistance;

11. the Federal Agency for Technical Relief.

(2) For the Government of the Arab Republic of Egypt, the competent agency responsible for implementing this Agreement shall be the Ministry of Interior.

(3) The Contracting Parties shall notify one another through diplomatic channels of any changes in the responsibilities or names of the agencies responsible for implementing this Agreement.

Limits of cooperation

(1) Either Contracting Party may refuse cooperation under this Arrangement in full or in part, or make it conditional on specific requirements, if such cooperation

1. impairs its sovereignty, security or other important interests;

2. is in conflict with its national law;

3. jeopardizes its investigations or current measures;

4. is in conflict with a court order handed down in its territory;

5. is related to an activity which is not punishable under the law of the requested Contracting Party.

(2) The Contracting Party refusing to cooperate shall inform the requesting Contracting Party in writing of the reasons underlying such refusal.

Relationship to other international treaties

(1) Cooperation of the Contracting Parties in all fields mentioned in this Agreement shall be governed by their applicable national law. Furthermore, cooperation shall be subject to the limitations posed by the human and financial resources of the respective Contracting Party.

(2)This Agreement shall not affect the obligations of the Contracting Parties arising from bilateral or multilateral agreements.

(3) This Agreement shall not affect, in particular, the national regulations governing extradition, any other judicial assistance in criminal matters, administrative and judicial assistance in fiscal matters or any of the Contracting Parties’ obligations arising from bilateral or multilateral agreements.

(4) This Agreement shall not provide a basis for requests to communicate data or information to be used as evidence in criminal proceedings. Data or information communicated pursuant to this Agreement must not be used for this purpose without the communicating Contracting Party’s prior consent which shall be given in accordance with the national law of the latter and in compliance with any applicable bilateral or multilateral inter – national agreements on mutual assistance in criminal matters.

Liaison officers

(1) A Contracting Party may second liaison officers as needed to the other Contracting Party, with the latter’s consent.

(2) Such liaison officers shall provide support and advice, without exercising sovereign powers independently. They shall provide information and discharge their tasks as instructed by the seconding Contracting Party, complying with the national law of the receiving Contracting Party.

(3) The Contracting Parties shall support the work of the liaison officers.

Dispute settlement

Any dispute on the interpretation or implementation of this Agreement shall be settled amicably between the Contracting Parties through diplomatic channels in accordance with the principles of international law.

Entry into force, duration and amendment

(1) This Agreement shall enter into force on the date on which the Contracting Parties notify each other in writing through diplomatic channels that the national requirements for entry into force have been fulfilled; the relevant date shall be the day on which the last notification is received.

(2) This Agreement shall be concluded for an indefinite period of time. It may be terminated by either Contracting Party in writing through diplomatic channels. This Agreement shall cease to be in force three months after the other Contracting Party received the notice of termination; any cooperation measures launched before such termination shall be concluded in mutual agreement.

(3) This Agreement may be amended in writing between the Contracting Parties at any time. Such an amendment shall enter into force pursuant to the procedure set out in paragraph 1.

Done at Berlin on 11 July 2016 in duplicate in the German, Arabic and English languages, all three texts being authentic. In case of divergent interpretations of the German and Arabic texts,The English text shall prevail.

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