A/AC.291/L.15
Article 47. Law enforcement cooperation
[agreed ad referendum]
1.
States Parties shall cooperate closely with one another, consistent with their
respective domestic legal and administrative systems, to enhance the effectiveness of
law enforcement action to combat the offences established in accordance with this
Convention. States Parties shall, in particular, take effective measures:
(a) To enhance and, where necessary, to establish channels of communication
between their competent authorities, agencies and services, taking into account
existing channels, including those of the International Criminal Police Organization,
in order to facilitate the secure and rapid exchange of information concerning all
aspects of the offences established in accordance with this Convention, including, if
the States Parties concerned deem it appropriate, links with other criminal activities;
(b) To cooperate with other States Parties in conducting inquiries with respect
to offences established in accordance with this Convention concerning:
(i) The identity, whereabouts and activities of persons suspected of
involvement in such offences or the location of other persons concerned;
(ii) The movement of proceeds of crime or property derived from the
commission of such offences;
(iii) The movement of property, equipment or other instrumentalities used or
intended for use in the commission of such offences;
(c) To provide, where appropriate, necessary items or data for analytical or
investigative purposes;
(d) To exchange, where appropriate, information with other States Parties
concerning specific means and methods used to commit the offences established in
accordance with this Convention, including the use of false identities, forged, altered
or false documents and other means of concealing activities, as well as cybercrime
tactics, techniques and procedures;
(e) To facilitate effective coordination between their competent authorities,
agencies and services and to promote the exchange of personnel and other experts,
including, subject to bilateral agreements or arrangements between the States Parties
concerned, the posting of liaison officers;
(f) To exchange information and coordinate administrative and other
measures taken, as appropriate, for the purpose of early identification of the offences
established in accordance with this Convention.
2.
With a view to giving effect to this Convention, States Parties shall consider
entering into bilateral or multilateral agreements or arrangements on direct
cooperation between their law enforcement agencies and, where such agreements or
arrangements already exist, amending them. In the absence of such agreements or
arrangements between the States Parties concerned, the States Parties may consider
this Convention to be the basis for mutual law enforcement cooperation in respect of
the offences established in accordance with this Convention. Whenever appropriate,
States Parties shall make full use of agreements or arrangements, including
international or regional organizations, to enhance the cooperation between their law
enforcement agencies.
Article 48. Joint investigations
[agreed ad referendum]
States Parties shall consider concluding bilateral or multilateral agreements or
arrangements whereby, in relation to offences established in accordance with this
Convention that are the subject of criminal investigations, prosecutions or judicial
proceedings in one or more States, the competent authorities concerned may establish
joint investigative bodies. In the absence of such agreements or arrangements, joint
investigations may be undertaken by agreement on a case-by-case basis. The States
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