PRESENTATION TO PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY

RSA/ MALTA POLICE COOPERATION AGREEMENT

26 October 2007

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 1373/2001 UNSC 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; o Mozambique;

· South Africa;

· Swaziland;

· Tanzania;

· Zambia; and

· Zimbabwe.

OTHER SIMILAR AGREEMENTS

Other:

· Austria (General Cooperation incl terrorism);

· Brazil (Drug Trafficking);

· Argentina (Drug Trafficking);

· Bulgaria (General Cooperation incl terrorism);

· Chile (Drug Trafficking);

· Peoples Republic of China (General Cooperation incl terrorism);

· Portugal (General Cooperation);

· Russian Federation (General Cooperation);

· Rwanda (General Cooperation);

· Turkey (General Cooperation incl terrorism);

· Uganda (General Cooperation incl terrorism);

· United Arab Emirates (General Cooperation).

IN PROCESS

· Negotiations with some 10 countries on bilateral agreements and MoU's

CONTENTS

· Malta agreement does not deviate from other already concluded agreements.

· Competent Authorities are the South African Police Service and the Malta Police Force respectively.

· Areas of cooperation.

- Corruption and organised crime;

- Trafficking in firearms;

- Drugs;

- Economic crimes, money laundering;

- Forgery of documents including counterfeit currency;

- Trafficking in stolen goods;

- Trafficking in persons.

· To cooperate in aspects relating to public order policing, technical research, training of staff and crime prevention.

· To cooperate on issues relating to terrorism.

· Does not apply to extradition and mutual legal assistance for which Department 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 assist with searching 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 restricted, 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 prior consent.

EXPENSES

· Ordinary expenses incurred in processing a request shall be borne by the requested party, unless otherwise agreed upon.

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

Assistant Commissioner PC Jacobs Head: Legal Support: Crime Operations