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REU Alm.del Bilag 195
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TREATY

MUTUAL LEGAL ASSISTANCE IN CRIMINAL

MATTERS

BETWEEN

THE UNITED ARAB EMIRATES

AND

THE KINGDOM OF DENMARK

The United Arab Emirates and the Kingdom of Denmark (hereinafter re-

ferred to as “The Parties”;

Guided

by the friendly relations between the Parties;

Desiring

to strengthen the close cooperation between the Parties and recog-

nizing the need to facilitate the widest measure of Mutual Legal Assistance

in Criminal Matters by improving the effectiveness of the competent author-

ities of the Parties in the investigation and prosecution of crimes, and the

confiscation of criminal proceeds and resulting proceedings;

Pursuant

to the prevailing laws of the respective Parties.

HAVE AGREED as follows:

Article 1

Scope of assistance

1. The Parties shall, in accordance with the provisions of this Treaty,

grant each other assistance in criminal matters.

2. For the purpose of this Treaty, criminal matters mean investigations,

prosecutions or proceedings in relation to any offence which at the

time of the request for assistance, falls within the jurisdiction of the

competent authorities of the Requesting Party.

3. Assistance may be granted in connection with offences against a law

related to taxation, customs duties, foreign exchange control or other

revenue matters.

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4. Assistance shall include:

a. Taking evidence or statements from persons, including witnesses,

victims, accused persons, defendants in criminal proceedings, ex-

perts;

b. Providing information, documents, records and items of evidence,

information related to bank accounts and financial institution ac-

counts;

c. Locating or identifying persons or items;

d. Serving documents;

e. Executing requests of search and seizure;

f. Making arrangements for persons in custody or others, to give evi-

dence or assist in criminal investigations, prosecutions, or proceed-

ings in the Requesting Party,

g. Tracing, restraining, forfeiting, confiscating and returning the pro-

ceeds and/or instrumentalities of crimes;

h. Information on criminal proceedings, previous convictions and sen-

tences imposed in the Requested Party against citizens of the Re-

questing Party; and

i. Other assistance deemed necessary by the Requesting Party and

consistent with this Treaty as well as the law of the Requested

Party.

5. This Treaty applies solely to the provisions of mutual assistance be-

tween the Parties. The provisions of this Treaty shall not create any

right on the part of any private person to obtain, suppress or exclude

any evidence or to impede the execution of any request of assistance.

Article 2

Exchange of information

The Parties may exchange information concerning the laws in force and the

judicial practice in their respective countries related to the implementation

of this Treaty.

Article 3

Non-Application

1. This Treaty shall not apply to:

a. The arrest or detention of any person with a view to the extradition

of that person;

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b. The enforcement in the Requested Party of criminal judgments im-

posed in the Requesting Party expect to the extent permitted by the

law of the Requested Party;

c. The transfer of persons in custody to serve sentences; and

d. The transfer of proceedings in criminal matters

2. Nothing in this Treaty entitles any Party to undertake in the territory of

the other Party the exercise of jurisdiction and performance of func-

tions that are reserved exclusively for the authorities of that other Party

by its national law.

Article 4

Other assistance

This Treaty shall not affect any existing obligations between the Parties,

whether pursuant to other agreements, arrangements, or otherwise, nor pre-

vent the Parties from providing assistance to each other pursuant to other

agreements, arrangement, or otherwise.

Article 5

Central Authority

1. The Central Authorities of the Parties shall process requests for mutual

legal assistance pursuant to this Treaty.

2. The Central Authority for the United Arab Emirates is the Ministry of

Justice and for the Kingdom of Denmark is the Director of Public Pros-

ecutions.

3. Either Party may change its Central Authority in which case, it shall

notify the other Party of the change.

Article 6

Requests

1. Requests for assistance shall be formally made in writing.

2. Requests for assistance and communications shall be addressed

through diplomatic channels, for the purpose of this Treaty. In urgent

and in emergency cases, a request may be transmitted through the In-

ternational Criminal Police Organization (Interpol) or through the cen-

tral authority by expedited means of communication, including fax or

e-mail, in this case it shall be confirmed within thirty (30) days by a

formal request through diplomatic channels.

3. Requests for assistance shall include:

a. The name of the competent authority conducting the investigation

or criminal proceedings to which the request relates;

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b. The purpose of the request and the nature of the assistance sought;

c. A description of the nature of the criminal matter and its current

status, and a statement setting out a summary of the relevant facts

and law, including the maximum penalty for the offence to which

the request relates;

d. a description of the evidence, information or other assistance

sought;

e. the reasons for and details of any particular procedure or require-

ment that the Requesting Party wishes to be followed;

f. specification of any time limit within which compliance with the

request is desired;

g. any special requirements for confidentiality and the reasons for it;

h. such other information or undertaking as may be under the national

law of the Requested Party or otherwise necessary for the proper

execution request

4. Requests for assistance may also, to the extent necessary, contain the

following information:

a. The identity, nationality and location of the person or persons who

are the subject of the investigation or criminal proceedings;

b. The identity and location of any person from whom evidence is

sought;

c. The identity and location of a person to be served, that person’s re-

lationship to the criminal proceedings, and the manner in which

service is to be made;

d. A description of the manner in which any testimony or statement is

to be taken and recorded;

e. A list of questions to be asked of a witness;

f. A description of the documents, records or items of evidence to be

produced as well as a description of the appropriate person to be

asked to produce them and, to the extent not otherwise provided

for, the form in which they should be produced and authenticated;

g. A statement as to whether sworn or affirmed evidence or state-

ments are required;

h. A descriptions of the property, asset or article to which the request

relates; including its location;

i. Any court order relating to the assistance requested and a statement

relating to the finality of that order;

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j. The list of the names and capacities of the persons to be authorised

to be present at the execution of the request;

k. The location and description of the place to be searched and the in-

dication of the items to be seized or confiscated;

l. Information as to the allowances and reimbursements to which is

entitled the person who is requested to appear in the Requesting

Party for the purpose of taking evidence.

5. All requests and supporting documents shall be accompanied by a

translation into the official language of the Requested Party or English

language and shall be officially signed and stamped by the relevant au-

thorities.

Article 7

Additional information

If the Requested Party considers that the information contained in the re-

quest is not sufficient to enable the request to be dealt with, the Requested

Party may request additional information. The Requesting Party shall supply

such additional information as the Requested Party considers necessary to

enable the request to be fulfilled.

Article 8

Refusal of assistance

1. Assistance shall be refused if:

a. The offence for which it is requested is an offence of a political

nature. In the application of the provisions of this Treaty the

following offences shall not be considered as political offences:

assault on the President or his Deputy or Head of Gov-

ernment of either Party or any member of such a person’s

family or any member of the Supreme Council of the

State of the United Arab Emirates or of a Member of such

a person’s family;

Terrorist offences;

Any other offence not considered as a political offence

under any international treaty, convention or agreement

to which the Requested Party adhere;

ii.

iii.

b. The request relates to an offence only under military law;

c. The request relates to the prosecution of a person for an offence

in respect of which the person has been finally convicted, ac-

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quitted, pardoned or has served the sentence imposed in the Re-

quested Party or any other party;

d. Are substantial grounds for believing that the request for assis-

tance has been made or the purpose of investigating, prosecut-

ing or punishing a person on account of that person’s race, sex,

religion, nationality or political opinions, or that the request for

assistance will result in that person being prejudiced for any of

those reasons;

e. The provision of the assistance would impair the sovereignty,

security, public order or essential interests of the Requested

Party.

2. The Requested Party may refuse assistance if:

a. The act or omission alleged to constitute the offence to

which the request relates, would not, if they had taken place

within the jurisdiction of the Requested Party, have consti-

tuted an offence;

b. The request relates to an offence, which is subject to inves-

tigation or proceeding, or a final judgment has been ren-

dered in respect of that offence, in the requested Party un-

der its own jurisdiction;

c. The execution of the request would be contrary to the na-

tional law of the Requested Party.

3. Assistance may not be refused solely on the ground of secrecy of

banks and similar financial institutions or that the offence is also

considered to involve fiscal matters.

4. Before refusing a request, the Requested Party shall consider

whether assistance may be granted subject to certain conditions.

5. If the Requesting Party accepts assistance subject to the terms and

conditions required under paragraph 4 of this Article, it shall com-

ply with such terms and conditions.

6. If the Requested Party refuses assistance, it shall promptly inform

the Requesting Party of the grounds of refusal.

Article 9

Execution of requests

1. Requests for assistance shall be executed promptly by the compe-

tent authorities of the Requested Party in accordance with the law

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of that Party and, to the extent that law permits, in the manner re-

quested by the Requesting Party.

2. Provided it is not contrary to its domestic law, the Requested Party

may authorize the persons specified in the request for legal assis-

tance to be present to the execution of the same. To this end, the

Requested Party shall promptly inform the Requesting State on the

date and place of execution of the request for assistance. The per-

sons who have been authorized may request the competent author-

ity of the Requested Party to consider the possibility to submit spe-

cific questions referred to the assistance procedures.

3. The Requested Party shall promptly inform the Requesting Party of

circumstances, when they become known to the Requested Party,

which are likely to cause a significant delay in the execution of the

request.

4. The Requested Party may postpone the execution of the request if

its immediate execution would interfere with any ongoing criminal

matters in the Requested Party. The Requested Party may also

postpone the delivery of documents if such documents are required

for civil proceedings in that Party, in which case the Requested

Party shall, upon request, provide certified copies of documents.

5. Before postponing the execution of a request, the Requested Party

shall consider whether assistance may be granted subject to certain

conditions.

6. If the Requested Party postpones assistance, it shall promptly in-

form the Requesting Party of the grounds of postponement.

Article 10

Return of material to the requested party

When required by the Requested Party, the Requesting Party shall return

material provided under this Treaty when it is no longer needed for the crim-

inal matter to which the request relates.

Article 11

Confidentiality and limitation on use

1. The Requested Party shall use its best efforts to keep confidential a re-

quest for assistance, the contents of the request and its supporting doc-

umentation, and any action taken pursuant to the request. If the request

cannot be executed without breaching confidentiality, the Requested

Party shall so inform the Requesting Party before executing the re-

quest, and the Requesting Party shall advise whether it nevertheless

wishes the request to be executed.

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2. The Requesting Party shall use its best efforts to keep confidential the

information and evidence provided by the Requested Party, expect to

the extent that the evidence and information is needed for the criminal

matters to which the request relates and where otherwise authorized by

the Requested Party.

3. The Requesting Party shall use its best efforts to ensure that the infor-

mation or evidence is protected against loss, unauthorized access, mod-

ification, disclosure or misuse.

4. The Requesting Party is obligated not to use the information or evi-

dence obtained, or anything derived therefrom, for purposes other than

those stated in a request without the prior consent of the Requested

Party.

Article 12

Service of documents

1. The Requested Party shall, to the extent its law permits, carry out re-

quests for the service of documents in respect of a criminal matter.

2. A request for service of summons requiring the appearance of persons,

including witnesses, victims, accused persons, defendants in criminal

proceedings, experts, in the Requesting Party shall be made to the Re-

quested Party within a reasonable time before the scheduled appear-

ance.

3. The Requested Party, after having effected service, shall provide the

Requesting State with an attestation of proof of service bearing the sig-

nature or stamp of the Authority that effected service, and indicating

the date, time, place and modalities of delivery, as well as the person to

which the documents have been delivered. If service is not affected,

the Requested State shall inform promptly the Requesting State and

communicate the reasons of failure to serve.

4. A person who fails to comply with any process served on him or her

shall not thereby be liable to any penalty or coercive measure pursuant

to the law of the Requesting Party or the Requested Party.

Article 13

Taking of evidence or statements from persons

1. The Requested Party, in compliance with its domestic law, shall take

statements from witnesses, victims, suspects and defendants, experts,

or other persons, and shall also obtain records, documents and any

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other evidence indicated in the request for legal assistance, and shall

transmit them to the Requesting Party.

2. A person from whom evidence is to be taken/to be heard/to be ques-

tioned in the Requested Party – pursuant to a request under this Article

may decline to give evidence or statements where the law of the Re-

quested Party or that of the Requesting Party so provides.

3. If any person in the Requested Party claims that there is a right or obli-

gation to decline to give evidence under the law of the Requesting

Party, the Requesting Party shall, upon request, provide a certificate to

the Requested Party as to the existence of that right. In the absence of

evidence to the contrary, the certificate shall be sufficient of the mat-

ters stated in it.

4. For the purposes of this Article, the taking of evidence includes the

production of documents or other material.

Article 14

Making arrangements for Persons in custody to give evidence or assis-

tance

1. When videoconference is not possible, a person in custody in the Re-

quested Party may, at the request of the Requesting Party, be temporar-

ily transferred to that Party to give evidence or to assist in criminal

proceedings in that Party.

2. The Requested Party shall transfer a person in custody to the Request-

ing Party only if:

a. The person freely consent to the transfer;

b. The Requesting Party agrees to comply with any conditions speci-

fied by the Requested Party relating to the custody or security of

the person the be transferred;

c. It does not interfere with investigations or criminal prosecutions

that are being carried out in the Requested Party, in which said per-

son had to take part;

3. Where the Requested Party advises the Requesting Party that the trans-

ferred person is no longer required to be held in custody, that person

shall be released and be treated as a person present in the Requesting

Party pursuant to a request seeking that person's attendance.

4. The Requesting Party shall return the person transferred in custody to

the Requested Party within thirty (30) days, from the date of the said

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person's presence in the Requesting Party, or any other period of time

as may be agreed on by the Parties.

5. A person in custody who is transferred shall receive credit for service

of the sentence imposed in the Requested Party for the time spent in

custody in the Requesting Party.

6. A person in custody who does not consent to give evidence or to assist

in criminal proceedings in the Requesting Party shall not by reason

thereof, be liable to any penalty or coercive measure pursuant to the

law of the Requesting Party or the Requested Party.

Article 15

Availability of other persons to give evidence or assistance

1. The Requesting Party may request the assistance of the Requested

Party in inviting a person, not being a person to whom Article 14 of

this Treaty applies, to give evidence or provide assistance in the Re-

questing Party. The Requesting Party shall undertake to make satisfac-

tory arrangements for the safety of such person.

2. The Requested Party shall invite the person and promptly inform the

Requesting Party of the person's response. If the person consents, the

Requested Party shall take all necessary steps to facilitate the request.

3. A person who does not consent to give evidence or to provide assis-

tance under this Article shall not by reason thereof be liable to any

penalty or coercive measure pursuant to the law of the Requesting

Party or the Requested Party.

Article 16

Video conference

For the purpose of this Treaty, the Parties may agree for the use of live video

or all live television links or other appropriate communication facilities in

accordance with the laws and procedures of both Parties if it is expedient

and in the interests of justice.

Article 17

Transit of persons in custody

1. A Party may, subject to its national laws, authorize the transit through

its territory of a person in custody whose appearance has been re-

quested by the other Party requesting for such transit.

2. The Party where the transit takes place shall, subject to its national

laws, have the authority and obligation to make the necessary arrange-

ments for keeping the person in custody during transit.

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Article 18

Rule of speciality

1. Subject to paragraph 2 of this article, where a person is in the Request-

ing Party pursuant to a request made under Articles 14 and 15 of this

Treaty:

a. the person cannot be detained, prosecuted or restricted in his per-

sonal liberty in the Requesting Party for any criminal offence

which preceded his or her departure from the Requested Party;

b. the person shall not, without his or her consent, be required to give

evidence in any criminal proceedings or to assist in any criminal

investigation other than the criminal matter to which the request re-

lates.

2. Paragraph 1 of this Article ceases to apply if that person, being free to

leave, has not left the Requesting Party within a period of thirty (30)

days after he or she has been officially notified that his or her presence

is no longer required or, having left, has returned.

3. A person who consents to give evidence pursuant to Articles 14 or 15

of this Treaty shall not be subject to prosecution based on his or her

testimony, except for perjury or contempt of court.

Article 19

Provision of publicly available documents and other records

1. The Requested Party shall, upon request, provide the Requesting party

with copies of publicly available documents or records.

2. The Requested Party may, upon request, subject to its national law,

provide the Requesting Party with copies of any documents or records

in the possession of government departments and agencies that are not

publicly available.

Article 20

Search and seizure

1. The Requested Party shall, to the extent its national law permits, carry

out requests made in respect of a criminal matter in the Requesting

Party for search and seizure.

2. The relevant authority of the Requested Party that had executed a re-

quest for search and seizure shall provide such information in the form

as may be required by the Requesting Party.

3. The Requested Party shall provide such information as may be re-

quired by the Requesting Party concerning the result of any search, the

place and circumstances of seizure and the subsequent custody of the

material seized.

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4. The Requesting Party shall observe any conditions required by the Re-

quested Party in relation to any seized material which is delivered to

the Requesting Party.

Article 21

Proceeds and instrumentalities of crimes

1. The Requested Party shall, upon request, endeavor to ascertain whether

any proceeds and/or instrumentalities of crimes are located within its

jurisdiction and shall notify the Requesting Party of the results of its

inquiries. In making the request, the Requesting Party shall notify the

Requested Party of the basis of its belief that such proceeds and/or in-

strumentalities of crimes may be located in the latter's jurisdiction.

2. Where, pursuant to paragraph 1 of this Article, suspected proceeds

and/or instrumentalities of crimes are found, the Requested Party shall

take such measures as are permitted by its law to prevent any dealing

in, transfer or disposal of, those suspected proceeds and/or instrumen-

talities of crimes, pending a final determination in respect of those pro-

ceeds by a court of the Requesting Party.

3. The Requested Party shall, to the extent its law permits, give effect to a

final order forfeiting or confiscating the proceeds and/ or instrumental-

ities of crimes made by a court of the Requesting Party.

4. In the application of this Article, the rights of bona fide third party

shall be respected under the law of the Requested Party. Where there is

a claim from a third party, the Requested Party shall represent the in-

terests of the Requesting Party in seeking to retain the proceeds and/or

instrumentalities of crimes until a final determination by a competent

court in the Requesting Party.

5. The Requested Party shall return the proceeds and/or instrumentalities

of crimes referred to in paragraph 3 of this Article, or the value of the

proceeds and/or instrumentalities, to the Requesting Party, to the extent

permitted by its national laws and upon such terms as it deems appro-

priate.

6. For the purpose of this Article proceeds mean any funds derived from

or obtained, directly or indirectly, through the commission of criminal

offence.

Article 22

Expenses

1. Unless otherwise provided in this Treaty, the Requested Party shall

make all necessary arrangements for the representation of the Request-

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ing Party in all proceedings arising out of a request for assistance and

shall otherwise represent the interests of the Requesting Party.

2. The Requested Party shall meet the cost of fulfilling the request for as-

sistance except that the Requesting Party shall bear:

1. the travel and accommodation expenses and any other allowances

of a person who provides assistance pursuant to a request under Ar-

ticle 14 or 15 of this Treaty;

2. fees and expenses of experts and the translation of documents.

3. If it becomes apparent that the execution of the request requires ex-

penses of an extraordinary nature, the Parties shall consult to determine

the terms and conditions under which the assistance can be provided.

Article 23

Compatibility with other treaties

Assistance and procedures set forth in this Treaty shall not exempt either

Party from its obligations arising out from other international Treaties ap-

plicable.

Article 24

Settlement of disputes

Any dispute arising out of the interpretation, application or implementation

of this Treaty shall be resolved through diplomatic channels if the Central

Authorities are unable to reach agreement.

Article 25

Ratification, entry into force, amendment and termination

1. This Treaty is subject to ratification, the instruments of ratification

shall be exchanged.

2. This Treaty shall enter into force on the thirtieth (30) day after the date

of the exchange of the instruments of ratification.

3. This Treaty may be amended by mutual consent of the Parties and the

provisions of this Article shall be applied thereof.

4. Either Party may terminate this Treaty by notice in writing through

diplomatic channels at any time. Termination shali take effect six (6)

months after the date on which the notice is given. However, proceed-

ings already commenced before notification shall continue to be gov-

erned by this Treaty until conclusion therein.

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5. This Treaty shall apply to any request submitted after its entry into

force, even if the relevant offences were committed before its entry

into force.

IN WITNESS WHEREOF,

the undersigned, being duly authorized by

their respective Governments, have signed this Treaty in two original texts,

in the Arabic, Danish and English languages, all texts being equally authen-

tic. If there is any divergence of interpretation, the English text shall prevail.

DONE

…………………………..

of......…………………...201…

FOR

THE UNITED ARAB EMIRATES

this………………

day

FOR

THE KINGDOM OF DEN-

MARK