Treaty between the Republic of Kazakhstan and the Federative Republic of Brazil on the extradition of persons (Astana, 20 of june, 2018) (Не введен в действие)

TREATY
BETWEEN THE REPUBLIC OF KAZAKHSTAN AND
THE FEDERATIVE REPUBLIC OF BRAZIL
ON THE EXTRADITION OF PERSONS
(Astana, 20 of june, 2018)

The Republic of Kazakhstan and the Federative Republic of Brazil, hereinafter referred to as «Parties»,

WISHING to make the efforts made by the Parties in combating criminality more effective;

OBSERVING the principles of respect for sovereignty, of noninterference in internal matters of each of the Parties and the norms of International Law;

BEING AWARE of the need to maintain the greatest possible cooperation in extraditing fugitive persons;

hereby agreed on the following.

Article 1
Obligation to extradite

The Parties commit themselves to hand over to each other, in accordance with the provisions set forth in this Treaty and in accordance with their respective internal laws, those persons who are to be found in the territory of one of the Parties and are sought by the competent authorities of the other in order to criminal prosecution or enforcement of a court sentence for extraditable offences.

Article 2
Conditions for extradition

1. The following conditions shall be met for extradition to be granted:

a) the Requesting Party has jurisdiction over the offences that serve as the basis of the extradition request;

b) the acts are classified as a crime under the laws of both Parties irrespective of the denomination and they are punishable by imprisonment for not less than one 1 (year); and

c) the sentence of imprisonment to be served is more than 6 (six) months.

2. When the extradition request concerns several related crimes, it shall be sufficient that any one of them meets the requirements set forth in the provisions of the paragraph 1 of this Article for extradition to be granted.

3. Extradition, in accordance with the provisions of this Treaty, shall be applicable to the authors, coauthors and accomplices whatever their degree of participation in the crime.

4. Acts recognized by multilateral treaties, to which the Parties are members, as extraditable offences shall also serve as the basis for extradition.

5. For crimes in the economic sphere and acts related to currency regulations, extradition may not be refused only on the grounds that the laws of the Requested Party do not provide the same taxes or if such acts have different regulations in the laws of the Parties.

Article 3
Central Authorities

1. For the purposes of putting into effect this Treaty, the Parties do hereby designate as their Central Authorities:

for the Republic of Kazakhstan - the Prosecutor General’s Office;

for the Federative Republic of Brazil - the Ministry of Justice.

2. In the case of any changes in the denomination of their Central Authorities or the transfer of their functions to other state agencies, the Parties shall notify each other about such changes through diplomatic channels.

Article 4
Refusal of extradition

1. Extradition shall not be granted, if: