Transcript presentation to portfolio committee for safety and security

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