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PRESENTATION TO SELECT COMMITTEE FOR SAFETY AND CONSTITUTIONAL AFFAIRS. RSA UNITED ARAB EMIRATES POLICE COOPERATION AGREEMENT 2O SEPTEMBER 2006. NEED FOR COOPERATION . In view of globalization, new technology; and sophistication of crime,

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PRESENTATION TO SELECT COMMITTEE FOR SAFETY AND CONSTITUTIONAL AFFAIRS

RSA UNITED ARAB EMIRATES POLICE COOPERATION AGREEMENT

2O SEPTEMBER 2006


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NEED FOR COOPERATION CONSTITUTIONAL AFFAIRS

In view of

  • globalization,

  • new technology; and

  • sophistication of crime,

    especially iro transnational crime, such crimes can only be combated successfully through international cooperation


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AGREEMENTS: GENERAL CONSTITUTIONAL AFFAIRS

  • Transnational Organised Crime Convention Article 13:9:

  • States Parties shall consider concluding bilateral ormultilateral treaties, agreements or arrangements to enhance theeffectiveness of international cooperation undertaken pursuant to thisarticle.

  • Paragraph 2(c) of Resolution 1373/2001UNSC re terrorism: (c) Cooperate, particularly through bilateral and multilateral arrangementsand agreements, to prevent and suppress terrorist attacks and take action againstperpetrators of such acts;


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OTHER SIMILAR AGREEMENTS CONSTITUTIONAL AFFAIRS

  • Southern Africa: multilateral with: Angola, Botswana, Lesotho, Namibia, Malawi, Mauritius, Mozambique, Swaziland, Tanzania, Zambia and Zimbabwe.

  • Other Austria (agreement on general cooperation);

  • Argentina (drug trafficking);

    Brazil (drug trafficking);

  • Colombia (MoU on Drug trafficking);

  • Bulgaria (agreement on general cooperation);


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OTHER SIMILAR AGREEMENTS CONSTITUTIONAL AFFAIRS

  • Peoples Republic of China (agreement on general cooperation and terrorism);

  • Portugal (agreement on general cooperation);

  • Russian Federation (agreement on general cooperation);

  • Rwanda (agreement on general cooperation);

  • Turkey (agreement on general cooperation); and

  • Uganda (agreement on general cooperation and terrorism).


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IN PROCESS CONSTITUTIONAL AFFAIRS

  • Negotiations with some 19 countries on bilateral agreements and MoU’s


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CONTENTS CONSTITUTIONAL AFFAIRS

  • United Arab Emirates agreement does not deviate form other already concluded agreements.

  • Competent Authorities are Dept of Safety and Security and Ministry for Internal Affairs respectively.

  • Areas of cooperation:

  • Organised crime and corruption;

  • Drugs

  • Trafficking in firearms

  • Trafficking in stolen goods including vehicles

  • Illicit trafficking in precious metals and stones


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CONTENTS CONSTITUTIONAL AFFAIRS

  • Trafficking in persons.

  • Economic crimes, money laundering

  • Forgery of documents including countrfeit currency.

  • Cyber crime

  • Intellectual property rights

  • Environmental crimes.


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CONTENTS CONSTITUTIONAL AFFAIRS

  • To cooperate in aspects relating to public order policing and training of staff.

  • To cooperate on issues relating to terrorism

  • Does not Apply to extradition and mutual legal assistance for which Dept of Justice and Constitutional Development is responsible.


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MANNER OF COOPERATION CONSTITUTIONAL AFFAIRS

  • Exchange information and working experience

  • Exchange of criminal information

  • Exchange of information on legislation

  • Exchange of literature

  • To cooperate with special investigative techniques, such as controlled deliveries, undercover operations and surveillance.

  • To assist with search of missing persons and suspects at large.

  • Requests must be in writing through competent authorities.


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REFUSAL CONSTITUTIONAL AFFAIRS

  • Cooperation may be refused if it is deemed detrimental to sovereignty, security, public order or essential interests of the State, if it poses an excessive burden upon the State or its resources

  • Refusal will normally take place after consultation.


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LIMITATION TO USE OF INFORMATION CONSTITUTIONAL AFFAIRS

  • Documents and information exchange in execution of the agreement must be protected if confidential, or if competent authority disapproves of its disclosure.

  • Documents and info so obtained may only be used for purposes for which it has been provided.

  • No disclosure of documents and information to third parties without written prior consent


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EXPENSES CONSTITUTIONAL AFFAIRS

  • Ordinary expenses incurred in processing a request shall be borne by the requested party, unless otherwise agreed upon.

  • Should the request involve extraordinary expenses, the Parties shall consult each other, to determine terms and conditions, and way in which the expenses shall be borne.


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PARLIAMENT CONSTITUTIONAL AFFAIRS

  • The agreement can be classified as a “technical agreement”.

  • In terms of section 231(3) of the Constitution, it binds the Republic, once entered into, without the approval of the National Assembly or the National Council of Provinces, but must be tabled in both Houses within a reasonable time.

  • No decision is therefore required from Parliament.


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Thank you CONSTITUTIONAL AFFAIRS

  • Asst Comm. PC Jacobs

  • Head: Legal Support: Crime Operations


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