KAZAKHSTAN: FBI-PROSECUTOR GENERAL MEMORANDUM OF

UNCLAS SECTION 01 OF 02 ASTANA 002083 SENSITIVE SIPDIS STATE FOR SCA/CEN, INL, L E.O. 12958: N/A TAGS: PGOV PREL PINS SOCI KZ SUBJECT: KAZAKHSTAN: FBI-PROSECUTOR GENERAL MEMORANDUM OF UNDERSTANDING ASTANA 00002083 001.2 OF 002 ¶1. (U) Sensitive but unclassified. Not for public internet. ¶2. (SBU) SUMMARY: On November 17, U.S. Federal Bureau of Investigation Director Robert S. Mueller III and Kazakhstani Prosecutor General Kairat Mami signed a Memorandum of Understanding on law enforcement cooperation in Astana, which is reproduced below. This agreement garnered positive news coverage in Kazakhstan. ¶3. (U) Begin text: Memorandum of Understanding Between the General Prosecutor's Office of the Republic of Kazakhstan and the Federal Bureau of Investigation, U.S. Department of Justice The General Prosecutor's Office of the Republic of Kazakhstan and the Federal Bureau of Investigation, United States Department of Justice, hereinafter each referred to individually as a "Participant" and collectively as the "Participants," On the basis of generally recognized principles of international law; Following the principles of sovereignty and equality of states, their effort to expand cooperation between the law enforcement agencies of both Participants on the basis of mutual understanding and bilateral relations; Recognizing the importance of strengthening and further developing of mutual cooperation in the sphere of combating criminality; Attaching great importance to strengthening cooperation with the aim to secure protection of rights of citizens and legal persons, have signed this Memorandum of Understanding (MOU): Section 1 The Participants intend to expand cooperation within the framework of their respective domestic laws and regulations. Section 2 In order to enhance mutual cooperation and to deal with current issues connected with legal relationships in the field of criminal law, the Participants intend to provide each other with investigative assistance, primarily in the spheres of transnational organized crime fighting and money laundering. Section 3 The Participants intend to exchange their work experience and research regarding law enforcement techniques. Section 4 The Participants intend to cooperate by exchanging information about existing domestic legislation, legislative activity, and existing courts of justice, as well as about methods of investigation 
consistent with their respective domestic law. Section 5 In order to encourage interaction, the Participants intend to facilitate meetings to address issues that are the subject of cooperation. Section 6 The Participants intend to address the issues connected with the interpretation and application of this MOU in the form of mutual consultations based on the principle of mutual understanding, taking into account the interests of both Participants. ASTANA 00002083 002.2 OF 002 Section 7 The Participants intend to translate the transmitted documents into Kazakh, Russian, or English, as appropriate. Section 8 The Participants intend to provide mutual cooperation on the basis of this MOU. Section 9 This MOU is not intended to prevent the Participants from determining and developing other mutually acceptable directions and forms of cooperation. This MOU is an expression of the intent of the Participants and is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise as between the Participants or by any third party against the Participants, their parent agencies, the United States, the Republic of Kazakhstan, or the officers, employees, agents, or other associated personnel thereof. Section 10 This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the intent of the Participants. The Participants understand that, unless otherwise expressed in writing, each Participant is responsible for any costs such Participant incurs in relation to this MOU. All expenditures by the Participants remain subject to their respective budgetary and fiscal processes and availability of funds pursuant to all laws, regulations, and policies applicable thereto. The Participants acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. Section 11 Nothing in this MOU should be interpreted to affect the rights and obligations of the Participants as prescribed in their participation in international treaties and agreements, and the domestic laws, legal regulations and customs of the individual nations. This MOU is not intended to be an international agreement and does not create any obligations under international or domestic law. Section 12 This MOU may be modified by the mutual consent of the Participants. Section 13 This MOU is to commence on the date of signature by both Participants for a term of five years. This MOU may be extended for additional five-years increments, subject to mutual written consent of the Participants. Signed in Astana on November 17, 2009 in two original copies in Russian and English by Kairat Mami on behalf of the General Prosecutor's office of the Republic of Kazakhstan and Robert S. Mueller III on behalf of the Federal Bureau of Investigation, U.S. Department of Justice. SPRATLEN