AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA, SIGNED IN KIGALI, RWANDA, ON 15 APRIL 2022
This article ratifies the mutual legal assistance agreement between Rwanda and Mozambique and says it takes full effect.
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This article ratifies the mutual legal assistance agreement between Rwanda and Mozambique and says it takes full effect. The Prime Minister, the Minister of Justice and Attorney General, and the Minister of Foreign Affairs and International Cooperation are responsible for implementing this Order. The Agreement does not stop one Party from giving assistance to the other under other treaties or agreements they are party to. This Order takes effect when it is published in the Official Gazette of the Republic of Rwanda. The Requested Party must refuse assistance in listed cases, may postpone execution if immediate action would disrupt ongoing proceedings, and must give reasons for any refusal or postponement.
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Provisions of AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA, SIGNED IN KIGALI, RWANDA, ON 15 APRIL 2022
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Kwemeza burundu
AI-assisted research summary: This article ratifies the mutual legal assistance agreement between Rwanda and Mozambique and says it takes full effect.
Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier : Ratification y’ubufatanye mu Amasezerano by’amategeko mu rwego mpanabyaha hagati ya Repubulika y’u Rwanda na Repubulika ya i Mozambique, yashyiriweho umukono Kigali mu Rwanda, ku wa 03 Kamena 2022, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. The Agreement on mutual legal assistance in criminal matters between the Republic of Rwanda and the Republic of Mozambique, signed in Kigali, Rwanda, on 03 June 2022, annexed to this Order, is ratified and becomes fully effective. L’Accord d’entraide judiciaire en matière pénale entre la République du Rwanda et la République du Mozambique, signé à Kigali, Rwanda, le 03 juin 2022, annexé au présent arrêté, est ratifié et sort son plein et entier effet. ARTICLE I SUBJECT I 2 The Parties shall, in accordance with the present Agreement and their respective domestic laws, afford each other the widest possible measure of mutual assistance in investigation, prosecution or court proceedings in respect of offences the punishment of which at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the Parties. Mutual assistance to be afforded in accordance with the present Agreement include: a) b) c) d) e) f) c) serving documents of proceedings; taking and providing evidence and information; locating and identifuing persons; searches and seizures; making persons available in the Requesting Party for giving evidence or assisting in investigation; transferring sentenced persons in the Requested Party to appear in the Requesting Party for giving evidence or assisting in investigation; taking measures to trace, restrain, freeze, seize or confiscate proceeds and/or instrumentalities of crime; I Er -{1. Official Gazette n° Special of 04/04/2023124 h) exchanging information, including information which may lead to i) criminal proceedings; and any other forms of assistance which are not contrary to the law of the Requested Party. 3. The present Agreement does not apply to: a) b) c) the extradition, the arrest or detention of any person with a view to extradite that penon; the enforcement in the Requested Party of criminal judgments imposed in the Requesting Party except to the extent permitted by the law of the Requested Party under this Agreement; and the transfer ofpersons in custody to serve sentences. ARTICLE IO RETURN OF MATERIAL TO THE REQUESTED PARTY The Requesting Party shall, upon request of the Requested Party, retum the materials provided under this Agreement when they are no longer necessary to the criminal matters specified in the request. - 2 Verify source ↗
Abayobozi bashinzwe
AI-assisted research summary: The Prime Minister, the Minister of Justice and Attorney General, and the Minister of Foreign Affairs and International Cooperation are responsible for implementing this Order.
Ingingo ya 2: Abayobozi bashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article l’exécution du présent arrêté 2 : Autorités chargées de Ingingo ya 2: Abayobozi bashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2 : Autorités chargées de l’exécution du présent arrêté Minisitiri w’Intebe, Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta na Minisitiri w’Ububanyi n’Amahanga n’Ubutwererane bashinzwe gushyira mu bikorwa iri teka. The Prime Minister, the Minister of Justice and Attorney General and the Minister of Foreign International Cooperation are Affairs and entrusted with the implementation of this Order. Le Premier Ministre, le Ministre de la Justice et Garde des Sceaux et le Ministre des Affaires Étrangères et de la Coopération Internationale sont chargés de l’exécution du présent arrêté. Official Gazette n° Special of 04/04/2023118 ARTICLE 2 SCOPE OF APPLICATION The present Agreement shall apply to requests made after its entry into force, even if the relevant offences committed or sentences imposed occurred prior to that date. - 3 Verify source ↗
Ingingo y’ururimi
AI-assisted research summary: The Agreement does not stop one Party from giving assistance to the other under other treaties or agreements they are party to.
Ingingo ya 3: Ingingo y’ururimi Article 3: Language provision Article 3 : Disposition linguistique Ingingo ya 3: Ingingo y’ururimi Article 3: Language provision Iri teka rw’Icyongereza. ryateguwe mu rurimi This Order was drafted in English. Article 3 : Disposition linguistique Le présent arrêté a été rédigé en anglais. ARTICLE 3 COMPATIBILITY WITH OTHER INTERNATIONAL AGREEMENTS This Agreement shall not prevent one Party from providing assistance to the other pursuant to other intemational treaties or agreements to which they are Party. - 4 Verify source ↗
Gutangira gukurikizwa
AI-assisted research summary: This Order takes effect when it is published in the Official Gazette of the Republic of Rwanda.
Ingingo ya 4: Gutangira gukurikizwa Article 4: Entry into force Article 4 : Entrée en vigueur Official Gazette n° Special of 04/04/2023116 ITEKA RYA PEREZIDA Nº 017/01 RYO 31/03/2023 RYEMEZA KU WA AMASEZERANO BURUNDU Y’UBUFATANYE MU RWEGO BY’AMATEGEKO MU MPANABYAHA YA REPUBULIKA Y’U RWANDA NA REPUBULIKA YA MOZAMBIQUE, YASHYIRIWEHO I KIGALI MU RWANDA, KU WA 03 KAMENA 2022 UMUKONO HAGATI RATIFYING PRESIDENTIAL ORDER Nº 017/01 OF 31/03/2023 THE AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF MOZAMBIQUE, SIGNED IN KIGALI, RWANDA, ON 03 JUNE 2022 JUDICIAIRE ARRÊTÉ PRÉSIDENTIEL Nº 017/01 DU 31/03/2023 RATIFIANT L’ACCORD D’ENTRAIDE EN MATIÈRE PÉNALE ENTRE LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE DU MOZAMBIQUE, SIGNÉ À KIGALI, RWANDA, LE 03 JUIN 2022 Twebwe, KAGAME Paul, Perezida wa Repubulika; We, KAGAME Paul, President of the Republic; Nous, KAGAME Paul, Président de la République ; Itegeko Nshinga Dushingiye ku rya Repubulika y’u Rwanda ryo mu 2003 ryavuguruwe mu 2015, cyane cyane mu ngingo zaryo, iya 112, iya 120, iya 122, iya 167, iya 168 n’iya 176; Dushingiye ku Itegeko nº 003/2023 ryo ku wa 21/02/2023 ryemera kwemeza burundu Amasezerano mu by’amategeko mu rwego mpanabyaha hagati ya Repubulika y’u Rwanda na Repubulika ya Mozambique, yashyiriweho umukono i Kigali mu Rwanda, ku wa 03 Kamena 2022; y’ubufatanye Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 112, 120, 122, 167, 168 and 176; Vu la Constitution de la République du Rwanda de 2003 en 2015, spécialement en ses articles 112, 120, 122, 167, 168 et 176 ; révisée Pursuant to Law nº 003/2023 of 21/02/2023 approving the ratification of the Agreement on mutual legal assistance in criminal matters between the Republic of Rwanda and the Republic of Mozambique, signed in Kigali, Rwanda, on 03 June 2022; la la Loi nº 003/2023 du 21/02/2023 Vu approuvant l’Accord ratification de d’entraide judiciaire en matière pénale entre la République du Rwanda et la République du Mozambique, signé à Kigali, Rwanda, le 03 juin 2022; Tumaze kubona Amasezerano y’ubufatanye mu by’amategeko mu rwego mpanabyaha Considering the Agreement on mutual legal assistance in criminal matters between the Considérant l’Accord d’entraide judiciaire en la République du matière pénale entre Official Gazette n° Special of 04/04/2023117 hagati ya Repubulika y’u Rwanda na Repubulika ya Mozambique, yashyiriweho umukono i Kigali mu Rwanda, ku wa 03 Kamena 2022; Republic of Rwanda and the Republic of Mozambique, signed in Kigali, Rwanda, on 03 June 2022; Rwanda et la République du Mozambique, signé à Kigali, Rwanda, le 03 juin 2022 ; Bisabwe na Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta; On proposal by the Minister of Justice and Attorney General; Sur proposition du Ministre de la Justice et Garde des Sceaux ; Inama y’Abaminisitiri imaze kubisuzuma no kubyemeza; After consideration and approval by the Cabinet meeting; Après examen et adoption par le Conseil des Ministres ; DUTEGETSE: DO ORDER: ARRÊTONS : Ingingo ya 4: Gutangira gukurikizwa Article 4: Entry into force Iri teka ritangira gukurikizwa ku munsi ritangarijweho mu Igazeti ya Leta ya Repubulika y’u Rwanda. This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda. Article 4 : Entrée en vigueur Le présent arrêté entre en vigueur le jour de sa publication au la République du Rwanda. Journal Officiel de Official Gazette n° Special of 04/04/2023119 Kigali, 31/03/2023 (sé) KAGAME Paul Perezida wa Repubulika President of the Republic Président de la République (sé) Dr. NGIRENTE Edouard Minisitiri w’Intebe Prime Minister Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika : Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République : (sé) Dr. UGIRASHEBUJA Emmanuel Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta Minister of Justice and Attorney General Ministre de la Justice et Garde des Sceaux Official Gazette n° Special of 04/04/2023120 UMUGEREKA W’ITEKA RYA PEREZIDA Nº 017/01 RYO KU WA 31/03/2023 RYEMEZA BURUNDU AMASEZERANO Y’UBUFATANYE MU BY’AMATEGEKO MU RWEGO MPANABYAHA HAGATI YA REPUBULIKA Y’U RWANDA NA REPUBULIKA YA MOZAMBIQUE, YASHYIRIWEHO UMUKONO I KIGALI MU RWANDA, KU WA 03 KAMENA 2022 ANNEX TO PRESIDENTIAL ORDER Nº 017/01 OF 31/03/2023 RATIFYING THE AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF MOZAMBIQUE, SIGNED IN KIGALI, RWANDA, ON 03 JUNE 2022 À Nº 017/01 L’ARRÊTÉ ANNEXE PRÉSIDENTIEL DU 31/03/2023 RATIFIANT L’ACCORD D’ENTRAIDE EN MATIÈRE PÉNALE ENTRE LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE DU MOZAMBIQUE, SIGNÉ À KIGALI, RWANDA, LE 03 JUIN 2022 JUDICIAIRE Official Gazette n° Special of 04/04/2023121 MU AMASEZERANO Y’UBUFATANYE MU RWEGO BY’AMATEGEKO YA MPANABYAHA REPUBULIKA Y’U RWANDA NA REPUBULIKA YA MOZAMBIQUE, YASHYIRIWEHO UMUKONO I KIGALI MU RWANDA, KU WA 03 KAMENA 2022 HAGATI AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF MOZAMBIQUE, SIGNED IN KIGALI, RWANDA, ON 03 JUNE 2022 ACCORD D’ENTRAIDE JUDICIAIRE EN MATIÈRE PÉNALE ENTRE LA RÉPUBLIQUE DU RWANDA ET LA RÉPUBLIQUE DU MOZAMBIQUE, SIGNÉ À KIGALI, RWANDA, LE 03 JUIN 2022 Official Gazette n° Special of 04/04/2023122 I AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF MOZAMBIQUE Y{ I Official Gazette n° Special of 04/04/2023123 PREAMBLE The Republic of Rwanda and the Republic of Mozambique (hereinafter referred to as "the Parties" and "Party" in the singular); CONVINCED that eliminating any threat to the security of their citizens can best be achieved by sustained cooperation between the Parties in judicial area; DESIRIOUS of extending to each other the widest measure of co-operation to combat crime more effectively by concluding an Agreement on mutual legal assistance; PURSUANT to the general principles of international law stated in the United Nations Charter: HEREBY HAVE AGREED AS FOLLOWS: ARTICLE 4 CENTRAL AUTHORITIES I 2 3 For the purpose of the implementation of this Agreement, the Central Authorities are as follows: a) for the Republic of Rwanda - National Public Prosecution Authority; b) and for the Republic of Mozambique - The Attomey General's Office. Each Party shall inform the other through diplomatic channels of any change of its Central Authority provided in paragraph I of this Article. The Central Authorities shall communicate through diplomatic channels, without prejudice to direct communications between them during the implementation of this Agreement. W\0 -+L'{,' ri Official Gazette n° Special of 04/04/2023125 - 5 Verify source ↗
Article 5
AI-assisted research summary: The Requested Party must refuse assistance in listed cases, may postpone execution if immediate action would disrupt ongoing proceedings, and must give reasons for any refusal or postponement.
ARTICLE 5 REFUSAL OR POSTPONEMENT OF ASSISTANCE l. Assistance shall be refused if: a) b) c) d) e) 0 c) h) the request is inconsistent with an intemational agreement to which the Requested Party is a member or inconsistent with the law of the Requested Party; the Requested Party is of the opinion that the request, if granted, would prejudice its sovereignty, security, public order or other public interest; the request relates to the prosecution of a person for an offence in respect of which the offender has been finally convicted, acquitted or pardoned in the Requested Party; the request relates to an offence that could be no longer prosecuted by reason ofprescription under the law ofthe Requested Party; the request relates to an act or omission that does not constitute an offence under the law ofthe Requested Party; the offence is regarded by the Requested Party as being ofa political nature; there are substantial grounds for believing that the request for assistance has been made for the purpose of prosecuting a person on account of that person's race, sex, religion, nationality, ethnic origin or political opinions or that the person's position may be prejudiced for any ofthose reasons; and the act is an offence under military law, which is not also an offence under ordinary criminal law. 2. J 4 Assistance shall not be refused solely on the ground of secrecy of banks and similar fi nancial institutions. The Requested Pafty may postpone the execution of the request if its immediate execution would interfere with an ongoing investigation, prosecution, court proceedings or enforcement ofjudgement in the territory of the Requested Party. Before refusing a request or postponing its execution under this Article, the Requested Party shall consider whether assistance may be granted subject to certain conditions. If the Requesting Party accepts assistance subject to these conditions, it shall comply with them. -) hr s Official Gazette n° Special of 04/04/2023126 5. Reasons shall be given for any refusal or postponement of mutual assistance. - 6 Verify source ↗
Article 6
AI-assisted research summary: A request for assistance must be in writing, include specified information and supporting documents, and be translated into one of the Requested Party’s official languages; in urgent cases, another form may be used if later confirmed in writing.
ARTICLE 6 CONTENTS AND FORMS OF REQUESTS l. The letter ofrequest for assistance shall include: a) b) c) the name and address of the Central Authority by which the request is made; the name and address of the requested Central Authority to which the request is sent; the name and nationality ofa person and his/her permanent residence or office address, the official name and address of an entity or organization to whom or which the request relates; d) a description ofthe assistance sought, the purpose ofthe request, the nature and relevant facts of the case, the provision and punishment of the applicable laws, the progress of the investigation, prosecution or court proceedings and the time limit within which the request should be executed. 2. The letter of request for assistance may include: a) the name, nationality and address of others who may be of interest to the same case; b) matters of interest to the process, a list of relevant questions and, in cases of a request for obtaining evidence, a description of documents, records or items of evidence rendered and, if necessary, a description and identity of the person who is required to render such documents, records or items of evidence; c) a list of questions and requirements for the summoned witness or d) expert; in case of a request for search, seizure, tracing or confiscation of proceeds and/or instrumentalities of crime, a description of searched property and premises, the grounds to believe that the proceeds and/or instrumentalities of crime exist in the Requested Party and are under the jurisdiction of the Requesting Party and the enforcement of orders or judgments of the court to which the request relates; e) measures applicable to the request that would likely result in locating 0 or seizing proceeds and/or instrumentalities of crime; requirements or procedures that the Requesting Party wishes to be followed to facilitate the execution of the request, including forms or 4 w- )ilr Official Gazette n° Special of 04/04/2023127 ways in which information, evidence, documents or items are provided; the degree ofconfidentiality required and the reasons thereof; the purpose, intended date and schedule of the trip if competent officer(s) of the Requesting Party ..rrishes to travel to the territory of the Requested Party for the purpose of the execution of the request; and the criminal judgment or order of a court and other documents, evidence or information necessary for the execution of the request. c) h) i) The request and its supporting document shall be in the language of the Requesting Party and accompanied by a translation into one ofthe official languages ofthe Requested Party. The request shall be made in writing. However, in urgent cases and permitted by the Requested Party, it may be made in another form but shall be promptly confirmed in writing thereafter. If the Requested Party considers that the information contained in the request is not sufficient to enable the request to be dealt with under this Agreement, it shall request additional information in writing and set a specific date on which such additional information is to be received. - 7 Verify source ↗
Article 7
AI-assisted research summary: The Requested Party must promptly execute requests, follow its law and criminal procedure where consistent, and inform the Requesting Party about timing, delays, and results of assistance through the Central Authorities.
ARTICLE 7 EXECUTION OF REQUESTS The Requested Party shall promptly execute the request in accordance with its law and, in so far as it is not inconsistent with its law, according to the criminal procedure upon request ofthe Requesting Party. Upon request, the Requested Party shall inform the Requesting Party of the date and place of the execution of the request for assistance. The Requested Party shall promptly inform the Requesting Party of circumstances which are likely to cause a delay in executing the request. The Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party of results of assistance in accordance with its Laws. J 4 5 I 2 3 4 ) v. Official Gazette n° Special of 04/04/2023128 - 8 Verify source ↗
Article 8
AI-assisted research summary: The Requested Party must serve documents according to its laws, send proof of service back to the Requesting Party, and explain if service cannot be completed.
ARTICLE 8 SERVICE OF DOCUMENTS 1 2 ) 1 2 J The Requested Party shall execute the request of serving documents in accordance with its Laws. The Requested Party shall send to the Requesting Party proof of service of the document. If service cannot be effected, the Requesting Party shall be informed of the reasons. A document summoning a witness or expert shall be sent to the Requested Party not less than ninety (90) days before the date on which the aftendance is required in the Requesting Party. In urgent cases, the Requested Party may waive this requirement. - 9 Verify source ↗
Article 9
AI-assisted research summary: The Requested Party must provide copies of documents, records, or information for mutual legal assistance in criminal matters.
ARTICLE 9 PROVISION OF INFORMATION The Requested Party shall provide copies of documents, records or information related to mutual legal assistance in criminal matters. The Requested Party may provide the copy of any document, record or information in the same manner and condition as provided to its competent authorities. The Requested Party may provide authenticated copies of original documents or records. - 11 Verify source ↗
Article 11
AI-assisted research summary: The Requested Party must, if its law allows, carry out search warrants to search for and seize evidence in criminal cases in the Requesting Party, while protecting good-faith third parties.
ARTICLE 11 SEARCH AND SEIZURE The Requested Party shall, in so far as its law permits, carry out search warrants against persons or premises to search and seize materials, documents or items of evidence in criminal cases in the Requesting Pany. In this circumstance, the right of good faith third parties is respected and protected. 6 Yf JI Official Gazette n° Special of 04/04/2023129 - 12 Verify source ↗
Article 12
AI-assisted research summary: The Requested Party must, on request and subject to its law, obtain testimony or evidence for transmission to the Requesting Party. A person called to give evidence may decline if the law of either Party allows it.
ARTICLE 12 TAKING EVTDENCE AND OBTAINING STATEMENTS 1 2 3 4 The Requested Party shall, upon request and in consistence with its law, obtain testimonies or statements of persons or require them to provide items of evidence for the transmission to the Requesting Party. A person who is called upon to give evidence in the Requested Party under this Article may decline to give evidence where the Law of either Parties so provide. If any person in the Requested Party claims that there is a right or obligation to decline to give evidence under the law of the Requesting Party, the Central Authority of the Requesting Parfy shall, upon request, provide a formal certification of that right or obligation to the Central Authority of the Requested Party as to the existence ofthat right or obligation. [n the absence of evidence to the contrary, such formal certification shall be sufficient evidence of the matters stated in it. For the purpose of this Article, the giving or taking of evidence shall include the provision of documents, records or other materials. - 13 Verify source ↗
Article 13
AI-assisted research summary: A sentenced person may be temporarily transferred to the Requesting Party to assist an investigation or give evidence, but only with the person’s consent and a written assurance from the Requesting Party.
ARTICLE 13 TEMPORARY TRANSFER OF SENTENCED PERSONS TO ASSIST IN INVESTIGATIONS OR GIVE EVIDENCE IN THE REQUESTING PARTY 1 2 A sentenced person in the Requested Party may be, upon the request of the Requesting Party. temporarily transferred to assist in investigation or give evidence in the Requesting Party. The Requested Party shall only transfer the sentenced person to the Requesting Party if: a) b) that person consents to the transfer to assist in investigation or give evidence; and the Requesting Party makes an assurance in writing agreeing to comply with specific conditions required by the Requested Party conceming the custody and safety of the transferred person. 7 Yrf Official Gazette n° Special of 04/04/2023130 3 4 Where the Requested Party advises the Requesting Party that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as the person provided in Article 14 of this Agreement. The transferred person under this Article shall be retumed to the Requested Parry in the manner the Parties have arranged at the conclusion of the matter in relation to which the transfer was sought or at such earlier time as the person's presence is no longer required. The period during which such person was transferred and under custody in the Requesting Party shall count towards the period of his/her imprisonment. - 14 Verify source ↗
Article 14
AI-assisted research summary: The Requested Party may, and in some cases must, invite a qualified person to travel to the Requesting Party to help with an investigation or give evidence.
ARTICLE 14 ARRANGEMENT OF OTHER PERSONS TO ASSIST IN INVESTIGATION OR GTVE EVIDENCE IN THE REQUESTING PARTY 1 2 Upon the request of the Requesting Party, the Requested Party may invite a person who is not subject to Article 13 of this Agreement to travel to the Requesting Party to assist in investigation or give evidence in the Requesting Party. The Requested Party shall, if satisfied with arrangements for the person's safety under an rrsurance in writing made by the Requesting Party, invite that person to assist in investigation or give evidence in the Requesting Party. That person shall be informed of accommodation, travelling and any expenses or allowances payable in the Requesting Party. The Requested Party shall inform the Requesting Party ofthe person's response and, ifthe person consents, take necessary steps to execute the request. - 15 Verify source ↗
Article 15
AI-assisted research summary: A person in the Requesting Party under Articles 13 and 14 is protected from detention, prosecution, punishment, and certain compelled participation, subject to stated exceptions.
ARTICLE 15 SAFE CONDUCT 1 The person present in the Requesting Party under the request subject to Articles l3 and 14 of this Agreement : a) shall not be detained, prosecuted or punished in the Requesting Party, not also subjected to any civil suit if such civil suit cannot be commenced without the person's presence in the Requesting Party, in respect of any act or omission of the person that is alleged to have occurred before the person's departure from the Requested Party. 8 w +s Official Gazette n° Special of 04/04/2023131 b) shall not, without that person's consent, give evidence in any criminal procedure or assist in any investigation other than the criminal matters in respect of which the request is made. The paragraph I of this Article shall cease to apply if that person, being free to leave, has not left the Requesting Party within a period of fifteen (15) consecutive days, except for cause of force majeure, after that person has been officially notified that his/her presence is no longer required or. having left, has voluntarily retumed. The person who does not consent to assist in investigation or give evidence under Articles 13 or 14 of this Agreement shall not be liable to any penalty or be subjected to any coercive measure in the Requesting Party or in the Requested Party. The person who consents to assist in investigation or give evidence under Articles l3 or l4 of this Agreement shall not be prosecuted for that person's statement, except that he/she makes false statements. - 16 Verify source ↗
Article 16
AI-assisted research summary: On request, the Requested Party must try to find alleged crime proceeds or instrumentalities in its territory and tell the Requesting Party the results. If found, it must take law-permitted measures to control or confiscate them; it may return them if its law allows and the Requesting Party has a final decision. Third-party good-faith rights must be respected.
ARTICLE 16 PROCEEDS AND INSTRUMENTALITIES OF CRIME The Requested Party shall, upon request' endeavour to ascertain whether proceeds and/or instrumentalities of the alleged crime are located in its territory and shall notifu the Requesting Party of the results of its inquiries. Where suspected proceeds and/or instrumentalities of crime are found, the Requested Party shall take measures as are permitted by its law to control or confiscate such proceeds and/or instrumentalities of crime. The Requested Party may, to the extent permitted by its law, retum the proceeds and./or instrumentalities of crime to the Requesting Parry. The retum of such proceeds and/or instrumentalities of crime shall only be executed when there is a final determination made by a court or another competent authority of the Requesting Party. In the application of this Article, the rights of relevant good faith third parties shall be respected and protected under the law of the Requested Party. For the purpose of this Agreement, "proceeds of crime" shall mean any assets derived from or obtained, directly or indirectly, through the commission of an offence; and "instrumentalities of crime" shall mean any 2 J 4 1 2 J 4. 9 { Official Gazette n° Special of 04/04/2023132 property that has been used, being used or intended to be used in the commission of an offence. - 17 Verify source ↗
Article 17
AI-assisted research summary: Each Party may share information about facts that could amount to criminal offences within its jurisdiction, and the Requested Party must tell the Requesting Party about any action taken on that information.
ARTICLE 17 TRANSFER OF PROCEEDINGS I 2 Each Party may provide information to the other Party relating to facts that could constitute criminal offences falling within its jurisdiction so that it can initiate criminal proceedings in its territory. The Requested Party shall notifr the Requesting Party of any action taken on such information. - 18 Verify source ↗
Article 18
AI-assisted research summary: The Requesting Party may not use or transfer information or evidence from the Requested Party unless the Requested Party gives prior consent.
ARTICLE 18 LIMITATION ON USE The Requesting Party shall not, without prior consent ofthe Requested Party, use or transfer information or evidence provided by the Requested Party for investigation, prosecution, court proceedings other than those stated in the request. - 19 Verify source ↗
Article 19
AI-assisted research summary: The Requested Party must keep assistance requests confidential, and the Requesting Party must keep received evidence and information confidential, subject to a limited use exception.
ARTICLE 19 PROTECTION OF CONFIDENTIALITY I 2 1 The Requested Party shall use its best endeavours to keep confidential the request for assistance, its contents and its supporting documents as well as the fact of granting of such assistance. If the request cannot be executed without breaching confidentiality, the Requested Party shall so inform the Requesting Party, which shall then determine whether the request should nevertheless be executed. The Requesting Party shall keep confidential evidence and information provided by the Requested Party, except to the extent that the evidence and information is needed for the investigation, prosecution and court proceedings described in the request. - 20 Verify source ↗
Article 20
AI-assisted research summary: Requests for assistance and related documents do not need certification or authentication, unless the parties ask for authentication in a particular case.
ARTICLE 20 CERTIFICATION AND AUTHENTICATION Not subject to paragraph 2 of this Article, a request for assistance, the documents in support thereof, and documents or materials fumished in response to a request, shall not require any form of certification or authentication. l0 !^,a I Official Gazette n° Special of 04/04/2023133 ) J 1 2 Where, in a particular case, the Requested Party or the Requesting Party requests that documents or materials be authenticated, the documents or materials shall be duly authenticated in the manner provided in paragraph 3 of this Anicle. Documents or materials are authenticated for the purposes of this Agreement ifthey purport to be signed by an official ofa competent authority under the law ofthe sending Party. - 21 Verify source ↗
Article 21
AI-assisted research summary: The Requested Party must represent the Requesting Party’s interests when carrying out the request, and generally pay the cost of doing so unless the Agreement says otherwise.
ARTICLE 21 REPRESENTATION AI\D EXPENSES Unless otherwise provided in this Agreement, the Requested Party shall represent the interests of the Requesting Party during execution of the request. The Requested Party shall meet the cost of fulfilling the request for assistance except that the Requesting Party shall bear: a) b) c) d) e) 0 the expenses associated with conveying any person to or from the territory of the Requested Party and any fees, allowances, expenses payable to that person whilst in the Requesting Party pursuant to a request under Articles 13 and 14 of this Agreement; the expenses associated with conveying custodial or escorting offrcers; the expenses associated with expert; the expenses associated with interpreting, translating and transcription of documents and obtaining images of evidence via video conference or other electronic means from the Requested Party to the Requesting Party; the expenses associated with the recovery of proceeds and instrumentalities of crime; and the expenses ofan extraordinary nature arising during the execution of the request which is subject to consultation between the Parties. - 22 Verify source ↗
Article 22
AI-assisted research summary: The Parties must consult each other at mutually agreed times to help implement the Agreement. They may also agree on practical measures to facilitate implementation.
ARTICLE 22 CONSULTATION The Parties shall consult each other, at times mutually agreed to by them, to promote the most effective implementation of this Agreement. The Parties may also agree on such practical measures as may be necessary to facilitate the implementation of this Agreement. ll br- Official Gazette n° Special of 04/04/2023134 - 23 Verify source ↗
Article 23
AI-assisted research summary: Any dispute between the Parties must be settled through mutual consultation through diplomatic channels.
ARTICLE 23 SETTLEMENT OF DISPUTES Any dispute between the Parties arising from the interpretation, application and implementation of this Agreement shall be settled through mutual consultation between the Parties through diplomatic channels. - 24 Verify source ↗
Article 24
AI-assisted research summary: This article says the agreement starts 30 days after the Parties notify each other in writing that their constitutional requirements are met; it may be amended by mutual consent; and either Party may end it by diplomatic notice.
ARTICLE 24 ENTRY INTO FORCE, AMENDMENT AND TERMINATION I 2 3 This Agreement shall enter into force thirty (30) days after the date on which the Parties have notified each other in writing, through diplomatic channel, that their respective constitutional requirements for the entry into force of this Agreement have been complied. This Agreement may be amended subject to mutual consent of the Parties. Amendment shall enter into force in accordance with the provisions of paragraph I of this Article. Where the Agreement is amended, the amendment shall become an integral part of the Agreement. Each Party may terminate this Agreement by giving a notification to the other Party through diplomatic channels. Such termination shall take effect six (06) months following the date on which it is received by the other Party. If terminated, this Agreement shall nevertheless take effect to requests made prior to the date of termination. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed and sealed this Agreement in the English and Portuguese languages, all texts being equally authentic. t2 &+ Official Gazette n° Special of 04/04/2023135 DOI\E at Kigali, on this 03'd day of lune 2022 FORTHE REPUBLIC OF RWANDA FORTM REPUBLIC OF MOZAMBIQUE Amb. NYIRAHABIMANA Soline (MINISTRY OF STATE IN CHARGE OF CONSTITUTIONAL AND LEGAL AFFAIRS) H ena STER teus Kida ruSTICE, CONSTITUTIONAL AND RELIGIOUS AFFAIRS) 13 Official Gazette n° Special of 04/04/2023136 Bibonywe kugira ngo bishyirwe ku mugereka w’Iteka rya Perezida nº 017/01 ryo ku wa 31/03/2023 ryemeza burundu mu Amasezerano by’amategeko mu rwego mpanabyaha hagati ya Repubulika y’u Rwanda na Repubulika ya Mozambique, yashyiriweho umukono i Kigali mu Rwanda, ku wa 03 Kamena 2022 y’ubufatanye of 31/03/2023 Seen to be annexed to Presidential Order nº 017/01 the Agreement on mutual legal assistance in criminal matters between the Republic of Rwanda and the Republic of Mozambique, signed in Kigali, Rwanda, on 03 June 2022 ratifying être annexé à l’Arrêté Vu pour Présidentiel nº 017/01 du 31/03/2023 ratifiant l’Accord d’entraide judiciaire en matière pénale entre la République du Rwanda du Mozambique, signé à Kigali, Rwanda, le 03 juin 2022 la République et Official Gazette n° Special of 04/04/2023137 Kigali, 31/03/2023 (sé) KAGAME Paul Perezida wa Repubulika President of the Republic Président de la République (sé) Dr. NGIRENTE Edouard Minisitiri w’Intebe Prime Minister Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika : Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République : (sé) Dr. UGIRASHEBUJA Emmanuel Minisitiri w’Ubutabera akaba n’Intumwa Nkuru ya Leta Minister of Justice and Attorney General Ministre de la Justice et Garde des Sceaux Official Gazette n° Special of 04/04/2023138
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AGREEMENT ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF RWANDA AND THE REPUBLIC OF ANGOLA, SIGNED IN KIGALI, RWANDA, ON 15 APRIL 2022
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