PRESENTATION TO SELECT COMMITTEE FOR SAFETY AND CONSTITUTIONAL AFFAIRS

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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

• 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

• Transnational Organised Crime Convention Article
  139
• States Parties shall consider concluding
  bilateral or multilateral treaties, agreements or
  arrangements to enhance the effectiveness of
  international cooperation undertaken pursuant to
  this article.
• Paragraph 2(c) of Resolution 1373/2001UNSC re
  terrorism (c) Cooperate, particularly through
  bilateral and multilateral arrangements and
  agreements, to prevent and suppress terrorist
  attacks and take action against perpetrators of
  such acts

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OTHER SIMILAR AGREEMENTS

• 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

• 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

• Negotiations with some 19 countries on bilateral
  agreements and MoUs

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CONTENTS

• 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

• 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

• 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

• 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

• 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

• 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

• 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

• 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

• Asst Comm. PC Jacobs
• Head Legal Support Crime Operations