GUAM cooperation in sphere of law-enforcement and securityGUAM Secretariat presentation at the 14th meeting of the Committee of Experts on Terrorism (CODEXTER) of the Council of Europe (Strasbourg, 7-9 April 2008) Slide 1
1. The international (interstate) regional organization “Organization for Democracy and Economic Development – GUAM” with a permanent Secretariat in Kyiv (Ukraine) was established on 23 May 2006 by the Azerbaijan Republic, Georgia, the Republic of Moldova, and Ukraine on the basis of transformation of then existed (during 2001-2006) Association of GUAM. Earlier, since 10 October 1997, GUAM was acting as the Forum of the Heads of State.
Slide 2
2. The establishment of GUAM was predetermined by the interests of the participating states in developing interaction and regional cooperation between them with the aim to create Eurasian Trans-Caucasus transport corridor.
At the Baku GUAM Summit on 18-19 June 2007, this concept was extended towards the creation of a common space of integration and security in the GUAM area by means of involving social-economic, transport, energy, scientific-technical, humanitarian, legal and law-enforcement potential of the Member States of the Organization.
Such a vision coincides with the formation of a space of civilized partnership in the Black Sea – Caspian region based on the European standards, criteria and practices, including the principles of four freedoms of movement of goods, services, capital, labour and persons.
Slide 3
3. In accordance with the Charter, the main goals of GUAM are the following:
- strengthening of democratic values, securing the rule of law and human rights;
- provisioning a sustainable development;
- strengthening international and regional security and stability;
- deepening European integration with the purpose to create common space of security as well as to extend economic and humanitarian cooperation;
- developing social-economic, transport, energy, scientific-technical, and humanitarian potential of the Parties;
- making more active political interaction and practical cooperation in spheres of mutual interest.
4. The GUAM Member States follow the principles of respect of sovereignty and territorial integrity of states, inviolability of their internationally recognised borders and non-interference in their internal affairs, other commonly recognised principles and norms of international law.
Slide 4.1
5. The GUAM structure includes:
a) Council;
b) Secretariat;
c) working and auxiliary bodies as well as meetings of representatives of different ministries and agencies, which take place in accordance with decision of the Council of Ministers of Foreign Affairs.
6. The Council is the main organ of the Organization. It carries out its work on four levels:
The Council of the Heads of State (CHS, or Summit) – holds its meeting, as a rule, one time per year. The CHS:
determines the priorities and main directions of the GUAM activities;
decides principal issues of internal organization and functioning of the Organization as well as its relations with other states and international organizations;
takes decisions on membership in GUAM and granting status of its observer or partner;
considers and takes decisions on most actual international problems.
The Council of Ministers of Foreign Affairs (CMFA) – conducts its meetings, as a rule, two times per year. The CMFA:
provides fulfillment of the decisions of CHS;
holds consultations in area of foreign policy;
establishes and determines functions and working procedures of GUAM working and supporting bodies;
considers and takes decisions on current issues of the Organization’s activities;
approves the GUAM Budget;
considers and takes decisions on other issues, in accordance with the GUAM Charter.
The Council of National Coordinators (CNC), who are appointed by the Foreign Ministers – conducts its meetings, as a rule, four times per year. The CNC provides interaction within GUAM and preparatory work to the CHS and CMFA meetings.
The Council of Permanent Representatives (CPR) accredited by the Member States to the Organization – carries out its work on a permanent basis. The CPR:
considers progress in fulfilling the decisions of CHS, CMFA and CNC;
takes part in preparation and conducting the CHS, CMFA and CNC meetings;
takes decisions within its competence.[/ul]
7. The Presidency in GUAM rotates between the Member States, usually, annually – “from summit – to summit”.
Actual Presiding Party is the Azerbaijan Republic.
At the next GUAM Summit in Tbilisi on 1-2 July 2008 the Presidency will be given to Georgia.
8. The GUAM Secretariat with a permanent seat in Kyiv (Ukraine) provides organizational-technical support of the GUAM activities. It functions under the management of the Secretary General and composes of international officials – the Secretary General himself and three Program Coordinators on political-legal, economic, and humanitarian issues – as well as administrative-technical personnel.
9. The branch (sectoral) working groups (WGs) are the major working bodies of GUAM. Some of the WGs have their sub-groups.
The WGs’ activities are regulated, in particular, by the Provision on Branch Working Group of 25 September 2006 and the Provision on Country-Coordinator of Branch Working Group of 4 December 2006 and coordinated by the country-coordinators appointed by CMFA on a rotating, usually biannual, basis.
Today, in GUAM there are eight WGs:
1. on economy and trade (till 31 December 2008, the country-coordinator is Ukraine)
2. on transport (the Azerbaijan Republic), which has four sub-groups on rail, air, road, and water transport
3. on energy (Georgia)
4. on information technology (Ukraine)
5. on combating terrorism, organized crime and drug trafficking (the Republic of Moldova), which has also the following sub-groups:
on combating trade in persons and illegal migration (the Republic of Moldova)
on combating illicit drug trafficking (the Azerbaijan Republic)
on combating terrorism (the Azerbaijan Republic)
on combating corruption and money laundering (Georgia)
6. on emergencies (the Azerbaijan Republic)
7. on culture, science and education (Georgia)
8. on tourism (the Republic of Moldova).[/ol]
10. There are some other mechanisms of sectoral cooperation:
- joint meetings of the WGs on economic cooperation, cooperation in law-enforcement and security areas, humanitarian cooperation (such meetings take place, usually, at the Ministerial level within the GUAM summits);
- working meetings of the heads of border guard services;
- multilateral negotiations of representatives of consular services, and some others.
Slide 4.2
11. Besides, GUAM implements the projects that were launched successfully within the Framework GUAM-USA Program on Trade and Transport Facilitation, Provision of Border Guard and Customs Control, Combating Terrorism, Organised Crime and Drug Trafficking with the support of the U.S. Government technical assistance (from the State Department and the Department of Justice International Criminal Investigation Training Assistance Program) and the Euro-Atlantic Advisory Team (EAAT) of experts from SECI Centre. These projects are:
1) GUAM Virtual [Law-Enforcement] Centre (VLEC) on Combating Terrorism, Organised Crime, Drug Trafficking and Other Dangerous Types of Crime and GUAM Interstate Informational-Analytical System (IIAS) ;
2) Trade and Transport Facilitation (TTF) Project.
Slide 5.1
12. Contractual-legal basis of cooperation in sphere of law-enforcement includes the appropriate international agreements as well as decisions and regulations of the GUAM organs.
International agreements:
Agreement on Cooperation among the Governments of GUUAM Participating States in the Field of Combat Against Terrorism, Organized Crime and Other Dangerous Types of Crimes of 20 July 2002
Agreement on Establishing GUUAM Virtual Centre on Combat Against Terrorism, Organized Crime, Drug Trafficking and Other Dangerous Types of Crimes and GUUAM Interstate Informational-Analytical System (IIAS) of 4 July 20023, in accordance to which the following documents were adopted:
- Provision on GUUAM Virtual Centre on Combat Against Terrorism, Organized Crime, Drug Trafficking and Other Dangerous Types of Crimes, and
- Main Principles of GUUAM Interstate Informational-Analytical System
Protocol on Cooperation of GUUAM Member States’ Border Guard Authorities of 4 July 2003
Agreement on Mutual Assistance and Cooperation in Customs Matters between the Governments of GUUAM Participating States of 4 July 2003
Agreement among the Governments of GUUAM Participating States on Cooperation in the Field of Prevention of Emergencies and Elimination of Their Effects of 4 July 2003
Memorandum of Understanding among the GUUAM Participating States on Trade and Transport Facilitation of 4 July 2003
Protocol on Cooperation between Operative Organs of GUUAM Participating States’ Border Guard Authorities of 22 May 2006
Memorandum on Cooperation and Mutual Assistance in Matters Related to Nuclear and Radiation Security between the Government of the Member States of Organization for Democracy and Economic Development – GUAM of 19 June 2007.
Slide 5.2
Main decisions and regulations of GUAM organs related to law-enforcement cooperation:
Framework GUUAM-USA Program on Facilitation of Trade and Transportation, Securing Border and Customs Control and Combating Terrorism, Organized Crime and Drug Trafficking approved at the CMFA meeting in Porto (Portugal) on 6-7 December 2002
CMFA Decision of 28 June 2004 On the adoption of the projects on establishment of GUUAM Virtual Center on combating terrorism, organized crime, drug trafficking and other dangerous types of crimes and GUUAM Interstate Informational-Analytical System (IIAS), in accordance to which the following documents were approved:
- Rules and Procedures of GUUAM Virtual Center
- Plan of Implementation and Work of Virtual Center on Combating Terrorism, Organized Crime, Drug Trafficking and Other Dangerous Types of Crimes and GUUAM Interstate Informational-Analytical System (IIAS) for 2004-2005
- Common Standards and Procedures of Information Exchange within GUUAM Virtual Center
- Concept of GUUAM Interstate Informational-Analytical System (IIAS)
- Strategic Plan of GUUAM Virtual Center on Combating Terrorism, Organized Crime, Drug Trafficking and Other Dangerous Types of Crimes
CMFA Decision of 28 June 2004 On approval of the GUUAM Regional strategy and Action plan on implementation on trade and transport facilitation project
CMFA Decision of 22 May 2006 On approval of the Provision on the Secretariat of Steering Committee of GUUAM Trade and Transport Facilitation Project
Joint statement of participants of meeting of the Heads of law-enforcement organs of GUUAM Participating States of 22 May 2006
Strategy of Developing GUAM Sectoral Cooperation adopted at the Second GUAM Summit in Baku on 18-19 June 2007.
Slide 6
13. In accordance with the Agreement on Cooperation among the Governments of GUUAM Participating States in the Field of Combat Against Terrorism, Organized Crime and Other Dangerous Types of Crimes of 20 July 2002, the GUAM Member States cooperate in combat against the following 17 types of crime:
terrorism
organised crime
illegal armed formations
illegal circulation of arms and munitions, military equipment, certain types of raw materials, as well as materials, equipment and technologies, which may be used for their creation, explosive and poisonous substances
illegal circulation of nuclear materials, radioactive substances, materials, equipment and technologies of double purpose, which may be used in creation and manufacturing of weapons of mass destruction
illegal circulation of narcotics, psychotropic substances and precursors
forgery of means of payment, securities, financial documents, personal identification documents as well as against their circulation and illegal use
crimes in economic and financial spheres, including crimes related to avoidance of taxation, money laundering and corruption
smuggling and other customs offences
crimes against human life and property
search for missing persons, identification of persons as well as of unidentified corpses
search for persons suspected or accused of crimes as well as persons avoiding criminal responsibility or punishment
theft, illegal circulation and trafficking in vehicles
illegal migration, illegal movement and trafficking in human beings
crimes in the spheres of use of computer technologies and computer networks
crimes in the sphere of intellectual property
seizure of aircraft, maritime vessels and other transport vehicles.
14. The GUAM Member States implement their cooperation in bilateral and multilateral formats upon the requests for rendering assistance aimed at prevention, detection, suppression, investigation and elimination of consequences of, primarily, the following crimes:
crimes of terrorist character, including taking hostages and kidnapping
illegal movement and circulation of highly dangerous, toxic and radioactive substances
illegal trafficking in nuclear, chemical, biological and other types of weapons of mass destruction, materials and equipment, which may be used for its creation
illegal trafficking in weapons, munitions, explosives and explosive devices
Illegal trafficking in narcotics, psychotropic substances and precursor.
15. The GUAM Member States develop and take coordinated measures in order to:
prevent activities of terrorist organizations and groups as well as suppression of channels of rendering them financial, military, technical and other assistance
detect bases, training camps and places of healing of terrorists
suppress routes of movements of terrorist groups and involved persons within the territory of the GUAM Member States
detect and identify persons related to activities of terrorist organizations and groups
operatively investigate organized criminal groups, including those dealing with illegal trafficking in weapons and narcotics, as well as illegal migration
conduct controlled deliveries
exchange information, including information about new types of narcotics and psychotropic substances, which appear in illegal trafficking, manufacturing technologies and substances used hereto, as well as of new methods of research and identification of narcotics, precursors and psychotropic substances
conduct, taking into account operative information and existing criminal situation, goal-oriented operative preventive measures to suppress activities of international organized criminal groups
undertake urgent measures with regard to emergencies related to possible terrorist acts, other illegal actions as well as elimination of their consequences.
Slide 7
16. In the Strategy of Developing GUAM Sectoral Cooperation adopted at the Baku GUAM Summit on 18-19 June 2007, the GUAM Members States determined the following goals of their cooperation in sphere of law-enforcement and security:
harmonization and improvement of legislation
development of projects and measures on creating and improving system of interaction between the law-enforcement authorities
development and improvement of the appropriate methods (techniques), means and mechanisms
development of analytical aspects of cooperation
provision of assistance in organization of operative interaction.
17. One of the most important forms of cooperation are the use of possibilities provided by GUAM VLEC/IIAS and the extension of cooperation between GUAM and other international organizations dealing with combat against terrorism, organized crime, drug trafficking and other types of trans-border crimes, including the UN Counter-Terrorist Committee, the OSCE Counter-Terrorist Network, Interpol, Europol, and SECI Centre.
Slide 8
18. Practical implementation of GUAM VLEC and IIAS project started in 2006 following the establishment in the GUAM Member States of appropriate national VLEC components and IIAS segments.
19. In accordance with the Provision on GUUAM Virtual Center of 4 July 2003, the main objectives of this project are the following:
a) assistance in common efforts of the GUAM Member States in combating terrorism, organized crime, transnational and cross-border crimes as well as cooperation in sphere of law-enforcement in order to facilitate trade and transportation;
b) conduct of the tasks envisaged in the Agreement on Cooperation among the Governments of GUUAM Participating States in the Field of Combat against Terrorism, Organized Crime and Other Dangerous Types of Crimes of 20 July 2002;
c) provision of conditions in order to prevent the use of GUAM transport corridors for terrorist, extremist and criminal purposes.
20. The major tasks of GUAM VLEC are the following:
provision of mechanisms for deepening operative cooperation in sphere of law-enforcement at national, transnational (cross-border) and international levels with the purpose to render mutual assistance in prevention, detection, suppression and elimination of criminal activities
provision of exchange of operative information to coordinate actions of law-enforcement organs while conducting joint measures
harmonization of normative-legal acts in sphere of law-enforcement
promote improvement intrastate cooperation between law-enforcement agencies
coordination and getting agreement on projects related to the improvement of technical equipment of information technologies systems in appropriate agencies of the GUAM Member States to combat terrorism, organized crime, drug trafficking and other dangerous types of crimes
provision of possibilities for receiving special training and training of personnel of law-enforcement agencies and specialists participating in fulfillment of VLEC tasks
provision of statistics and analytical information about criminal situation
support of special actions in combating such types of crime as terrorism, illicit drug trafficking, illegal migration, violation of customs rules, corruption in the services operating at cross-border points, trade in human beings, commercial offences, trade in stolen vehicles and objects of cultural and historical value, offences in financial and credit and banking spheres, offences in sphere of high technologies, crimes against state order, illegal trade in arms, munitions, explosive substances and components of weapons of mass destruction.
Slide 9
21. GUAM VLEC is association of national centers on the basis of protected communications for managing information space and creating united data base in sphere of law-enforcement.
It is a link in providing law-enforcement activities of the GUAM Member States aimed at effective operative cooperation and coordination of investigations and serious crimes.
GUAM VLEC:
- coordinates conduct of international and regional law-enforcement operations;
- organizes consultations of experts of different law-enforcement agencies in order to conduct joint operations, provides information exchange and increases effectiveness of cross-border cooperation between them;
- interacts with international organizations and structures;
- provides exchange of information and experts in rendering assistance to combat against certain types of crimes;
- creates conditions for developing GUAM information base with possibilities to analyze and use confidential information with the purpose to increase effectiveness of law-enforcement activity.
22. VLEC activity is based on ad hoc (target oriented) National Inter-Agency Groups (NIAGs) of representatives of appropriate agencies created in each of the GUAM Member States.
NIAGs are headed by Authorized Coordinators (ACs) appointed by their States. Usually, NIAGs’ representatives have their meetings quarterly.
With the purpose to implement concrete cooperative projects and to conduct joint operations of law-enforcement agencies of the GUAM Member States, in the framework of VLEC may be created Interstate Expert Commissions (ISECs) , which carry out their meetings depending upon concrete sphere of their activity and tasks.
Regular information exchange between NIAGs carries out through protected exchange of electronic documents within the framework of GUAM Interstate Informational-Analytical System (IIAS).
General coordination of VLEC activities is managed by the Country-Coordinator of the Working Group on Combating Terrorism, Organized Crime and Drug Trafficking.
Slide 10
23. In accordance with Main Principles of GUUAM Interstate Informational-Analytical System, IIAS is a tool to provide operative exchange of information, including that one in off-line and on-line modes, between appropriate agencies of the GUAM Member States. It provides functioning of GUAM VLEC, equal access to a distributed data base and carrying out of video and audio conferences.
GUAM IIAS consists of corresponding national segments of the GUAM Member States – National Informational-Analytical Centres (NIAC) – and of telecommunication system, which united them together. It is supposed that in future NIAC will be connected with national infrastructure and national resources of the GUAM Member States.
24. Below, there are presented the National Inter-Agency Groups and National Informational-Analytical Centres of each of the GUAM Member States.
Slide 12
24.1. In the Azerbaijan Republic, in accordance with the Presidential Decree of April 2006, NIAC was established within the Ministry of Internal Affairs.
In June 2006, in accordance with the Decree of the Cabinet of Ministers of the Azerbaijan Republic, under the leadership of the First Deputy Minister of Internal Affairs it was created also the National Working Group on combat against terrorism, organised crime and drug trafficking, to which staff were included the representatives of the Ministry of National Security, the Ministry of Internal Affairs, the Ministry of Foreign Affairs, the State Customs Committee, the State Border Guard Service, and Prosecution General’s Office.
Slide 13
24.2. In Georgia, the GUAM National Law-Enforcement Centre was created in accordance with the Presidential Decree of June 2006 as a unit of the Ministry of Internal Affairs.
Slide 14
24.3. In the Republic of Moldova, in accordance with the Governmental Regulation of January 2006, the SECI/GUAM National Virtual Centre (NVC) on combating terrorism, organized crime, drug trafficking and other dangerous types of crimes was also created within the Ministry of Internal Affairs. But of its officers, the NVC personnel were strengthened by the officers of the Customs Service seconded to NVC.
Slide 15
24.4. In Ukraine , in accordance with the Presidential Decree of December 2005, the Inter-Agency Group of Ukraine in GUUAM VLEC was composed of the representatives the Security Services, the Ministry of Internal Affairs, the State Customs Service, the Ministry of Foreign Affairs, the State Border Guard Service, and the State Tax Administration. The First Deputy Head of the Security Service of Ukraine was appointed as Authorized Coordinator and Head of the Inter-Agency Group of Ukraine.
The Provision on Inter-Agency Group of Ukraine in GUAM VLEC was adopted by the Executive Order of the President of Ukraine on 18 May 2006.
Slide 16
25. In accordance with the agreements, the competent agencies of the GUAM Member States on a regular basis conduct joint operations on main directions of their cooperation, including, in particular, combating illicit drug trafficking, trade in human beings, and illegal migration.
In 2006, there were operation “Chimera” on combating illegal migration and operation “Harmony” on combating drugs trafficking.
In 2007 – operations “Narcostop” and “Interception” on combating trade in human beings.
In 2008 – operations “Narcostop” and “Interception” (carried out in two phases) as well as the participation of GUAM Member States’ representatives in counter-terrorist exercises carried out in Ukraine.
During the exercises, the capabilities of GUAM VLEC in carrying out on-line exchange of information through protected channels of communication demonstrated many times, including that one connected with real situations.
Within GUAM VLEC, the exchange of information took place in 2006 on issues related to combat against illegal migration, trade in human beings, and drug trafficking, in 2007 – on issues related to combat against terrorism and protection of information, in 2008 – on issues related to corruption, thefts of transport vehicles, arms and munitions.
Slide 17
26. It is necessary to mention especially that the efficient mechanisms of international bilateral and multilateral cooperation as well as the direct ties between law-enforcement agencies of the GUAM Member States have been adjusted in sphere of combating terrorism, illicit drug trafficking, trade in human beings, and other criminal offences.
The interest to GUAM VLEC activity has been demonstrated by the Baltic states, Japan, as well as SECI and EUBAUM.
In this regard, GUAM Secretariat appreciates especially a kind invitation of this Committee of Experts on Terrorism (CODEXTER) to take part in its meeting.
Slide 18
Thank you for your attention.
|
