Unofficial translation

The border agencies of the GUAM Member States, hereinafter referred to as the “Parties”,

based on the Agreement on Cooperation between the Governments of the GUAM Member States in Combating Terrorism, Organized Crime, and Other Dangerous Types of Crime of July 20, 2002,

guided by the provisions of the Protocol on Cooperation between the Border Agencies of the GUAM Member States of July 4, 2003,

recognizing the need to ensure the security, territorial integrity, and inviolability of the borders of the GUAM Member States,

affirming their commitment to maintaining and developing cooperation based on the principles of justice, the rule of law, and human rights,

striving to improve the system of ensuring the security of the state borders of the GUAM Member States, based on the principles of equality, mutual respect, and benefit, have agreed as follows:

Article 1

In order to identify, prevent, and suppress illegal activities on the state border, specifically on the international communication channels of the GUAM Member States, the Parties shall organize cooperation in the field of operational investigative activities. Cooperation shall be carried out in accordance with the national legislation and international treaties of the Member States, as well as this Protocol.

Article 2

In the interests of implementing the provisions of this Protocol, direct cooperation within their respective jurisdictions shall be carried out by the Competent Authorities of the Parties:

for the Azerbaijan Side: Main Operational-Investigative Department of the State Border Service of the Republic of Azerbaijan

for the Georgian Side: Operational-Investigative Department of the State Border Protection Department of the Ministry of Internal Affairs of Georgia;

for the Moldovan Side: Operational Department of the Border Service of the Republic of Moldova; operational departments of the Regional Directorates of the Border Service of the Republic of Moldova;

for the Ukrainian Side: Operational Activities Department of the Administration of the State Border Service of Ukraine; operational-investigative departments of the regional directorates; and the operational-investigative department of the Kyiv Regional Border Checkpoint.

Article 3

The competent authorities of the Parties shall cooperate on combating crime, including its organized forms, that are international in nature, in the following areas:

countering terrorism and its manifestations;

countering smuggling, including of weapons, ammunition, explosives, toxic substances, radioactive substances, narcotic and psychotropic drugs, their analogues, and precursors;

human trafficking and illegal migration.

Article 4

Cooperation between the competent authorities of the Parties shall be carried out in the following areas:

  1. Exchange of information on combating cross-border crime at the state border and through international communication channels.
  2. Joint analysis of the situation, including the nature of illegal activity on international communication channels and its development trends.
  3. Conducting coordinated measures aimed at identifying, preventing, and suppressing illegal activity on international communication channels, as well as screening individuals, including third-country nationals, involved in cross-border crime.
  4. Exchange of experience on combating criminal activity at the state border and through international communication channels.

Article 5

Competent authorities, within the limits of their competence and in accordance with the legislation of the Parties, shall exchange information regarding:

  1. Persons possibly involved in the activities of terrorist organizations.
  2. Persons possibly involved in the smuggling of weapons, ammunition, narcotic, psychotropic, and toxic substances, radioactive and explosive materials, and other contraband items.
  3. Proposed or completed illegal crossings of the state border, including by citizens of third countries.
  4. The creation (attempted creation) of channels for the illegal transportation of people and material assets (smuggling) at the state border and through international communication channels by organized criminal groups and individuals.
  5. Other information deserving the attention of the Competent Authorities of the Parties.

Article 6

Information exchange shall be carried out through direct written requests (inquiries), which are determined in accordance with Article 3 of the Agreement on Cooperation between the Governments of the GUUAM Participating States in Combating Terrorism, Organized Crime, and Other Dangerous Forms of Crime.

In the context of implementing the provisions of this Protocol, in urgent cases, written communications (inquiries) may be transmitted orally or by electronic means, with subsequent written confirmation within 72 hours.

 Article 7

  1. Assistance under this Protocol may be refused in whole or in part if the requested Party considers that execution of the request could cause harm to its State or is contrary to the national legislation or international obligations of that State, or if the act for which the request was made does not constitute a crime under the legislation of the State of the requested Party.
  2. In the cases provided for in paragraph 1 of this Article, the Parties shall promptly inform each other in writing of any refusal to provide assistance, stating the reasons for such refusal.

Article 8

The Parties shall ensure the confidentiality of information received during the implementation of this Protocol in accordance with the laws of the Parties. The Parties undertake not to transfer information received from one of the Parties to a third party without its written consent.

This Protocol does not provide for the exchange of classified information.

Article 9

To address issues related to the implementation of the provisions of this Protocol and resolve problems arising during cooperation, the Parties will, as necessary, establish joint working groups and hold meetings and consultations.

Cooperation between the Parties under this Protocol shall be carried out bilaterally and multilaterally.

If it is necessary to coordinate positions on issues arising from the contents of the Protocol, the heads of the Competent Authorities shall hold meetings formalized by the Protocol.

The issues proposed for discussion and the composition of the participants in meetings and consultations shall be agreed upon in advance. The costs of hosting delegations, excluding transportation, shall be borne by the host Party.

Article 10

Any disputes that may arise in connection with the interpretation or implementation of the provisions of this Protocol shall be resolved through consultations and negotiations between the Parties.

 Article 11

This Protocol shall enter into force upon its signature, and for those States whose domestic legislation requires the completion of internal procedures, upon receipt through diplomatic channels of the last written notification of the Parties’ completion of all internal procedures necessary for its entry into force.

By mutual consent of the Parties, amendments and additions to this Protocol may be made by means of an additional Protocol, which shall constitute an integral part of this Protocol and shall enter into force in accordance with the procedure established in Part 1 of Article 11 of this Protocol.

Either Party may withdraw from this Protocol by notifying the other Parties in advance.In such case, the Protocol shall cease to be in effect for that Party 90 days after the date of the last notification to the remaining Parties.

Done in Kyiv on May 22, 2006, in 4 copies in Russian language.