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

AGREEMENTS: GENERAL  Transnational Organised Crime Convention Article 13:9:  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;

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);

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).

IN PROCESS  Negotiations with some 19 countries on bilateral agreements and MoU’s

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

CONTENTS  Trafficking in persons.  Economic crimes, money laundering  Forgery of documents including countrfeit currency.  Cyber crime  Intellectual property rights  Environmental crimes.

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.

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.

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.

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

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.

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.

Thank you  Asst Comm. PC Jacobs  Head: Legal Support: Crime Operations