AGREEMENT

BETWEEN

THE GOVERNMENT OF THE SLOVAK REPUBLIC 

AND

THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN

ON CO-OPERATION

AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS

The Government of the Slovak Republic and the Government of the Republic of Azerbaijan, hereinafter referred to as the Contracting Parties,

CONSIDERING the existing friendly relations between the Slovak Republic and the Republic of Azerbaijan;

CONSIDERING the importance of ensuring the accurate assessment and collection of customs duties, taxes and other charges on the importation or exportation of goods, the correct determination of the tariff classification, value and origin of goods, as well as the proper implementation of provisions on prohibition, restriction and control;

CONSIDERING that offences against Customs legislation are prejudicial to their economic, fiscal, commercial and social interests of their respective countries as well as to the legitimate interest of trade;

RECOGNIZING the need for concerted actions in combating illegal trafficking in narcotic drugs, psychotropic substances and their precursors;

CONVINCED that efforts to prevent offences against Customs legislation and efforts to ensure accurate collection of import and export duties, taxes and other charges can be rendered more effective through close cooperation between their Customs Authorities;

HAVING REGARD TO the Recommendation of the Customs Cooperation Council on Mutual Administrative Assistance of December 5, 1953;

HAVING REGARD ALSO TO the provisions of the Single Convention on Narcotic Drugs of March 30, 1961, amended by the Protocol of March 25, 1972 and the Convention on Psychotropic Substances of February 21, 1971 drawn up under the auspices of the United Nations Organization, as well as the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988,

have agreed as follows:

Article 1

DEFINITIONS 

For the purposes of this Agreement:

a)	“Customs Authority” shall mean in the Slovak Republic Customs Directorate of the Slovak Republic and in the Republic of Azerbaijan the State Customs Committee of the Republic of Azerbaijan;

b)	“Customs legislation” shall mean provisions laid down by law or regulations of both Contracting Parties concerning the importation, exportation, transit of goods or any other customs procedures, whether relating to customs duties, taxes or any other charges levied by the Customs Authorities or to measures of prohibition, restriction or control, enforced by the Customs Authorities;

c)	“offence” shall mean any violation of Customs legislation, as well as any attempted violation of such legislation;

d)	“narcotic drugs” shall mean any substances, natural or synthetic, enumerated in Lists I and II of March 30, 1961 Single Convention on Narcotic Drugs with the relevant amendment;

e)	“psychotropic substances” shall mean any substances, natural or synthetic, enumerated in Lists I, II, III and IV of the United Nations Convention on Psychotropic Substances of February 21, 1971;

f)	“precursors” shall mean controlled chemical substances used in the production of narcotic drugs and psychotropic substances, enumerated in Lists I and II of December 20, 1988 United Nations Convention against the Illicit Trafficking in Narcotic Drugs and Psychotropic Substances;

g)	“Requesting Customs Authority” shall mean the competent Customs Authority of state Contracting Party which makes a request for assistance in customs matters;

h)	“Requested Customs Authority” shall mean the competent Customs Authority of state Contracting Party which receives a request for assistance in customs matters;

i)	“person” shall mean any natural person and/or legal person;

j)	“information” shall mean mainly reports, records, documents, documentation, whether computerized or not and certified copies thereof;

k)	“personal data” shall mean any data concerning an identified or identifiable natural person;

l)	“Controlled delivery” shall mean the technique of allowing illicit or suspect consignment of narcotic drugs, psychotropic substances and their precursors, endangered species of wild flora and fauna, as well as another goods, to pass out of, through or into the territories of the States of the Contracting Parties with the knowledge and under supervision of their competent authorities, with a view to identify persons involved in the illicit trafficking of narcotic drugs, psychotropic substances and their precursors, endangered species of wild flora and fauna or another goods.

Article 2

SCOPE OF AGREEMENT

1.	The Contracting Parties shall through the Customs Authorities and in accordance with the provisions set out in this Agreement, afford each other mutual assistance: 

a)	in order to ensure that the Customs legislation is properly applied;

b)	in order to ensure the proper assessment of customs duties, taxes and other charges, as well as the correct determination of the tariff classification, value and origin of goods;

c)	in undertaking measures in order to facilitate and expedite the movement of passengers and the flow of goods;

d)	in order to prevent, inquire and combat offences against Customs legislation;

e)	in cases concerning delivery of documents regarding application of Customs legislation;

f)	in the exchange of technical experience with the aim of promotion of work of the respective Customs Authority.

2.	Assistance within the framework of this Agreement shall be provided in compliance with the legislation in force in the territory of the State of the Requested Contracting Party and within the competence and resources of the Requested Customs Authority. 

3.	The application of this Agreement shall not affect the obligations of the Contracting Parties under any International Conventions or Agreements by which they are bound.

4.	The provisions of this Agreement shall not give rise to a right on the part of any person to impede the execution of a request. 

Article 3

SURVEILLANCE OF PERSONS,
GOODS, MEANS OF TRANSPORT AND PLACES

The Customs Authority of one Contracting Party shall, within its competence and resources, on its own initiative or upon request of the Customs Authority of the other Contracting Party, maintain surveillance over:

a)	the movements, particularly entry into and exit from the territory of its State, of persons, known to be or suspected to commit or having committed offences against Customs legislation in force in the territory of the State of the other Contracting Party;

b)	movements of goods, reported by the Customs Authority of the other Contracting Party, as giving rise to suspected illicit traffic to or from the territory of its State;

c)	any means of transport and containers known to be, or suspected of being used for committing offences against Customs legislation;

d)	the places used for illegal storing of goods in the territory of the State of the respective Contracting Party.

Article 4

ACTIONS AGAINST ILLICIT TRAFFICKING
IN CERTAIN GOODS

The Customs Authorities shall, on their own initiative or upon request, based on consultation and coordination with other competent authorities, without delay, provide each other with all relevant information on activities which constitute or may constitute an offence against the Customs legislation in force in the territory of the State of one of the Contracting Parties, concerning:

a)	illicit traffic of narcotic drugs, psychotropic substances and their precursors;

b)	illicit traffic of weapons, ammunitions, explosives;

c)	illicit movement of sensitive and strategic goods subject to special controls in accordance with the international conventions concerned and the relevant multilateral treaties and concurring non-proliferation obligations, by which both Contracting Parties are bound;

d)	illicit traffic of works of art and antiquity which are of significant historical, cultural or archaeological value for one of the Contracting Parties;

e)	illicit movement of poisonous goods as well as goods or substances dangerous for the environment or public health;

f)	illicit traffic of goods subject to high customs duties, taxes or charges.

Article 5

CONTROLLED DELIVERY

1.	In accordance with the national legislation, the Customs Authorities may, by mutual consent and within their competence, use controlled delivery with a view to identify persons involved in the illicit trafficking of narcotic drugs, psychotropic substances and their precursors, endangered species of wild flora and fauna or another goods and to take legal action against them.

2.	Decisions concerning the use of the controlled delivery procedure shall be made on a case-by-case basis and where necessary, in accordance with any arrangements or agreements which may have been reached concerning a particular case. They may, if necessary, and provided it is in conformity with the national legislation of the Contracting Parties, take into account financial arrangements and understandings reached between both Contracting Parties.

3.	Illicit consignments whose controlled delivery is agreed to, may, by mutual consent of the competent authorities, be intercepted and allowed to continue with the narcotic drugs, psychotropic substances and their precursors or another goods intact or – in case the conditions are ensured – removed or replaced in whole or in part.

COMMUNICATION OF INFORMATION

Article 6

The Customs Authorities shall, on their own initiative or upon request, provide each other with all information, which may help to ensure:

a)	accurate collection of import and export customs duties, taxes and other charges levied by Customs Authorities;

b)	accurate assessment of the value of goods for customs purposes and the determination of their tariff classification;

c)	the implementation of import, export and transit prohibitions and restrictions;

d)	the application of rules of origin of goods not covered by preferential agreements concluded by one of or both Contracting Parties.

Article 7

The Customs Authorities shall, on their own initiative or upon request, provide each other with the following information:

a)	whether goods, imported into the territory of the State of one of the Contracting Parties, have been legally exported from the territory of the State of the other Contracting Party and the nature of the customs procedure, if any, under which the goods have been placed;

b)	whether goods exported from the territory of the State of one of the Contracting Parties have been legally imported into the territory of the State of the other Contracting Party and the nature of the customs procedure, under which the goods have been placed;

c)	whether goods which are granted favorable treatment upon exportation from the territory of the State of one Contracting Party have been duly imported into the territory of the State of the other Contracting Party, it being understood that information shall also be provided on any customs control measures to which the goods have been subjected.

Article 8

	The Customs Authority of one Contracting Party shall, on their own initiative or upon request, provide the Customs Authority of the other Contracting Party with all information likely to be of use to it relating to offences against Customs legislation and, in particular, information relevant to: 

a)	persons, known or suspected of committing or having committed offences against Customs legislation in force in the territory of the State of the other Contracting Party;

b)	goods known or suspected to be subject of Customs offences;

c)	means of transport and containers, known or suspected of being used for committing offences against Customs legislation in force in the territory of the State of the other Contracting Party;

d)	new methods and means employed in committing offences against Customs legislation;

e)	places used for illegal storing of goods in the territory of the State of the other Contracting Party.

Article 9

1.	If the Requested Customs Authority does not have the requested information, it may, at its own discretion, seek that information in accordance with the provisions of legislation in force in the territory of the State of the Requested Contracting Party. 

2.	The Requested Customs Authority within its competence, available resources and in compliance with its national legislation shall seek the information as if it was acting on its own behalf.

Article 10

      INFORMATION AND DOCUMENTS

1.	The Customs Authorities shall provide each other, either on request or on their own initiative, with information on activities, carried out or intended which constitute or may constitute an offence.

2.	The Customs Authorities shall request originals of information, including files and documents only in cases where certified copies would be insufficient. Upon request of one of the Customs Authorities of the Contracting Parties, copies of such files, documents, and other materials shall be appropriately certified.

3.	Originals of information, including files and documents, which have been provided, shall be returned at the earliest opportunity. 

4.	The information provided pursuant to this Agreement may be transmitted via any electronic means in any form for the same purpose. It shall contain at the same time all relevant explanations necessary for the interpretation and use of this information.

Article 11

FORM AND SUBSTANCE OF
THE REQUEST FOR ASSISTANCE

1.	Requests, pursuant to this Agreement shall be made in a written form. Documents necessary for the execution of such requests shall accompany the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed immediately in writing.

2.	Requests under Paragraph 1 of this Article shall include the following information:

a)	the name of the Customs Authority making the request;

b)	the measure requested;

c)	the object and the reasons for the request;

d)	laws, rules and other legal acts, referring to the object of the request;

e)	indications as exact and comprehensive as possible upon the persons being the target of inquiries;

f)	summary of the relevant facts to the object of the request;
 
g)	the connection between the assistance sought and the matter to which it relates.

3.	Requests shall be submitted in the English language or in another language acceptable to the Requested Customs Authority.

4.	If a request does not meet the formal requirements of Paragraphs 2 and 3 of this Article, the Requested Customs Authority may demand its correction or completion; the ordering of precautionary measures may, however, take place.

Article 12

OFFICIAL INQUIRIES

1.	 If the Customs Authority of one Contracting Party so requests, the Customs Authority of the other Contracting Party shall initiate official inquiries concerning operations which are or appear to be contrary to the Customs legislation in force in the territory of the State of the Requesting Contracting Party. It shall communicate the results of such inquiries to attention of the Requesting Customs Authority without delay, but within a maximum of 10 months from receipt of the request.

2.	In exceptional cases, if it is not possible to carry out all actions necessary for the completion of the administrative or other inquiry within the period set out in Paragraph 1of this Article, the Requested Customs Authority shall notify this fact to the Requesting Customs Authority in writing before the expiration of the period and the Requested Customs Authority shall also specify the new period for the completion of the actions. The new period shall not exceed fifteen months from receipt of the request.
 
3.	Such inquiries shall be conducted under the legislation in force in the territory of the State of the Requested Contracting Party. The Requested Customs Authority shall proceed as if it was acting on its own behalf.

4.	On request, the Requested Customs Authority may, in specific cases, with the consent of the Customs Authority of the other Contracting Party, allow officials of the Requesting Customs Authority to be present in the territory of the State of the Requested Contracting Party, including presence at official inquiries, when its officials are investigating offences which are of concern to the Requesting Customs Authority. 

5.	An official of the Customs Authority of the Requesting Contracting Party present in the territory of the State of the Requested Contracting Party pursuant to this Agreement shall act in an advisory capacity only and shall under no circumstances actively participate in the investigation or exercise any legal or investigative powers granted to officials of the Requested Customs Authority according to the national legislation of the Requested Contracting Party. 

6.	The Requesting Customs Authority shall, if it so requests, be advised of the time and place of the action to be taken in response to the request so that concerted action may be taken. 

7.	Officials of the Requesting Customs Authority, authorized to inquire offences, may ask that the Requested Customs Authority examine relevant books, registers, and other documents or data media and supply certified copies thereof, or supply any information relating to the offence.

8.	When, in the circumstances provided by this Agreement, officials of the customs authority of one Contracting Party are present in the territory of the State of the other Contracting Party, they must at all times be able to furnish proof of their official capacity. They must not wear uniform nor carry arms.

USE OF INFORMATION

Article 13

1.	Information and other communications received under this Agreement shall only be used for the purposes specified in this Agreement, including their use in investigative, judicial and administrative proceedings. They may be used for other purposes solely with the prior written consent of the Requested Customs Authority and subject to any conditions or restrictions it may impose.

2.	The provisions of paragraph 1 of this Article are not applicable to information concerning offences relating to narcotic drugs, psychotropic substances and their precursors. Such information may be communicated to the authorities of the Requesting Contracting Party, which are directly involved in combating illicit drug traffic. However, this information shall not be transferred to third countries without the prior written consent of the Requested Customs Authority.

3.	Any information delivered in whatever form pursuant to this Agreement shall be of confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to the same kind of information and documents under the legislation in force in the State of the Contracting Party, which received it.

4.	Without prejudice to Articles 13 and 14, this Agreement shall not affect European Communities and European Union provisions governing the communication between the competent services of the Commission of the European Communities, the Customs Authorities of the Member States of the European Union and the Customs Authorities of the Slovak Republic of any information obtained in customs matters, which could be of European Communities and European Union interest

Article 14

1.	The Customs Authorities of the Contracting Parties may, in accordance with the purposes and within the scope of this Agreement, in their records of evidence, reports and testimonies and in proceedings brought before courts, use as evidence information and documents obtained in accordance with this Agreement. 

2.	The use made of such information and documents as evidence in courts and the weight to be attached thereto shall be determined in accordance with the national legislation of the Contracting Parties.

Article 15

PERSONAL DATA PROTECTION

The protection of personal data transferred to the Requesting Customs Authority for the purposes specified in this Agreement shall be governed by the principles laid down in Annex 1 to this Agreement, which is an integral part of this Agreement.

Article 16

DELIVERY OF DOCUMENTS

On request, the Requested Customs Authority shall, in accordance with the national legislation in force in the territory of the State of the Requested Contracting Party, deliver to the natural or legal persons concerned, residing or established in the territory of its State, all documents falling within the scope of this Agreement, which emanate from the Requesting Customs Authority.

Article 17

EXPERTS AND WITNESSES

1.	On request of the Customs Authority of one Contracting Party, the Customs Authority of the other Contracting Party may authorize its officials, with their consent, to appear as experts or witnesses in trials or administrative proceedings regarding offences prosecuted in the territory of the State of the Requesting Contracting Party and to produce objects, deeds and other documents or certified copies of the latter for proceedings. Such officials shall give evidence obtained by them in the course of their duties. 

2.	The Requesting Contracting Party is obliged to take all necessary measures for the protection of the personal security of the officials during their stay on the territory of its State, under Paragraph 1 of this Article. The transport and daily expenses of these officials shall be covered by the Requesting Customs Authority.

3.	The request for the appearance must clearly indicate, in what case and in what capacity the official is to appear.

4.	The official requested to appear as witness or expert has the privilege to refuse to give evidence or a statement, if he is entitled or obliged to do so by virtue of the national legislation of the Requested Contracting Party or of the Requesting Contracting Party.

5.	The request for appearance of officials as experts or witnesses shall be made in accordance with the legislation in force in the territories of the States of the Contracting Parties.

Article 18

EXCEPTIONS FROM THE OBLIGATION TO 
RENDER ASSISTANCE

1.	If the Requested Customs Authority considers that compliance with the assistance requested would be prejudicial to the sovereignty, security or any other essential interests of the State, or would disclose an industrial or commercial secrets or infringe the professional secrecy, or would be contrary to the basic principles of its domestic legal system, it may refuse to provide the assistance requested under this Agreement completely, or provide it partially, or provide it subject to certain conditions or requirements.

2.	If the Customs Authority of one Contracting Party requests assistance which it would not itself be able to provide to the Customs Authority of the other Contracting Party, it must mention this fact in the request. Compliance with such a request shall be considered in accordance with the legislation in force in the territory of the State of the Requested Contracting Party.

3.	If the assistance is refused, the decision and the reason for the refusal must be notified in a written form to the Requesting Customs Authority without delay.

4.	Assistance may be postponed on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such cases, the Requested Customs Authority shall consult with the Requesting Customs Authority to determine if assistance can be given subject to such terms or conditions as Requested Customs Authority may require.

Article 19

EXPENSES

1.	The Customs Authorities of the Contracting Parties shall waive all claims for reimbursement of expenses incurred in the execution of this Agreement, except for expenses incurred in respect of the experts and witnesses, and expenses of interpreters and translators other than government employees.

2.	If expenses of a substantial and extraordinary nature are or will be required to execute the request, the Customs Authorities shall agree to determine the terms and conditions under which the request will be executed, as well as the manner in which the costs shall be borne.

Article 20

TECHNICAL ASSISTANCE

Customs Authorities shall provide each other technical assistance in customs matters, which may include:
a)	exchange of information and experience on control methods, new techniques and equipment used for customs control;
b)	exchange of officials with the aim to become familiar with technical equipment used by Customs Authorities;
c)	training and assistance in order to enhance technical skills of the officials of both Customs Authorities;
d)	exchange of experts in various areas of customs matters;
e)	exchange of information concerning customs law and customs procedures and formalities;
f)	training, exchange of experience and officials in the area of customs kynology.

Article 21

    IMPLEMENTATION

1.	Implementation of this Agreement shall be entrusted to the Customs Authorities of the Contracting Parties. Those Authorities shall mutually agree on detailed arrangements for that purpose.

2.	The Customs Authorities shall designate the officials responsible for mutual communications and shall exchange a list including their names, titles, telephone and fax numbers.

3.	Disputes and conflicts for which no solution on Customs Authorities´ level is found shall be settled through diplomatic channels.

Article 22

TERRITORIAL APPLICABILITY

The Agreement shall be applicable in the state territory of the Slovak Republic and in the state territory of the Republic of Azerbaijan.

Article 23

REVISION OF THE AGREEMENT

Upon written consent of the Contracting Parties any additions and amendments formalized in separate protocols shall be an integral part of this Agreement and shall enter into force according to the procedures in Article 24.

Article 24

ENTRY INTO FORCE AND TERMINATION

1.	This Agreement shall be approved by the Contracting Parties in accordance with their national legislation and shall enter into force sixty days (60) after the Contracting Parties notify one another by written notice through diplomatic channels that all necessary national legal requirements for its entry into force have been fulfilled.

2.	This Agreement is concluded for an unlimited duration. Either Contracting Party may terminate this Agreement by sending a written notice through diplomatic channels about the intention of termination to the other Contracting Party. This Agreement shall cease to be in force three months after such notice has been received.

3.	Ongoing proceedings at the time of termination shall nonetheless be completed by the Contracting Parties in accordance with the provisions of this Agreement.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.

DONE AT Brussels on 27 June 2008 in two copies in Slovak, Azerbaijani and English languages, all texts being equally authentic. In case of divergence of interpretation the English text shall prevail.

		               Peter Sopko					  Aydin A. Alyiev

FOR THE GOVERNMENT 
OF THE SLOVAK 
REPUBLIC 		FOR THE GOVERNMENT 
OF  THE 
REPUBLIC OF AZERBAIJAN	

Annex 1 to the Agreement between the Government of the Slovak Republic and the Government of the Azerbaijan on co-operation and mutual assistance in customs matters

Personal Data Protection

The protection of transferred personal data shall be subject to the following principles:
1.	Pursuant to provisions of this Agreement, the purpose of the processing of personal data is to prevent, identify and combat violations of Customs legislation by increasing the efficiency of cooperation and control procedures of Customs Authorities of the Contracting Parties by means of expeditious distribution of information.
2.	Personal data may only be provided if the Receiving Customs Authority implements appropriate measures to protect the data, at least the level of which the Providing Customs Authority must respect. 
3.	Personal data under this Agreement shall not be provided if the transfer thereof might obstruct the implementation of a necessary measure to assure state security, defence, public security, or prevention, investigation, clearing up and prosecution of criminal acts or violations of ethics in regulated professions, a major economic or financial interest of a State, or protection of the data subject or rights and freedoms of other persons. Upon request of the Customs Authority providing personal data, the Receiving Customs Authority shall inform the Providing Customs Authority on the use of the information obtained and the results thereof.
4.	Personal data may be provided only to Customs Authorities and, for the purpose of criminal proceedings, to criminal prosecution authorities and courts.  Provision of such data by the Requesting Customs Authority to any other entities other than those referred to above shall be subject to the prior consent of the Requested Customs Authority and compliance with the legislation in force in the territory of the State of the Requesting Customs Authority.
5.	The Requested Customs Authority shall provide only such personal data which is true, correct and up-to-date. If the Requested Customs Authority detects that it has provided any personal data which is not true, correct and/or up-to-date, it shall promptly inform the Requesting Customs Authority accordingly; in such a case, the Requesting  Customs Authority shall rectify or supplement the data, or cause the data to be destroyed.
6.	The data destruction deadline shall be determined in accordance with the legislation in force of the States of the Contracting Parties. The erasure of personal data shall be assured by the Requesting Customs Authority immediately upon completion of the purpose of processing, however not later than the date when the personal data destroy deadline expires. 
7.	The Requested Customs Authority shall be required to provide personal data to the Requesting Customs Authority solely for the purpose defined in paragraph 1 hereof, and within the following maximum scope:   first name and family name,  family name at birth, and any given name(s) (nickname(s)); date and place of birth; nationality; gender; any specific external and permanent body markings; reason for data inclusion; proposed measures, vehicle registration number; warning code indicating any record of the data subject having been armed, committed violations or been on the run, and the data if the suspected person is the subject of the criminal prosecution, without any possibility for the Requested Authority to attribute any other personal data thereto. Specific personal data categories (sensitive data) cannot be transferred.
8.	The Requested Customs Authority guarantees that it shall respond, within reasonable time and to a reasonable extent, to any requests of a personal data protection supervision authority concerning information on the processing of personal data by the Requesting Customs Authority and any requests of the data subject regarding the processing of such data by the Requesting Authority. 
9.	The Requesting Customs Authority shall be obliged to fulfil the following conditions in the processing of personal data:  
a)	process personal data only for the purpose defined in paragraph 1 and within the scope of personal data defined in paragraph 7; 
b)	process only data which is correct, full and, where appropriate, updated with regard to the purpose of processing;
c)	implement appropriate technical and organisational safeguarding measures which are adequate to the existing risks of unauthorised access to personal data;
d)	duly and promptly deal with any relevant requests of the Requested Customs Authority or the data subject relating to the processing of personal data to be transferred, and cooperate with the appropriate personal data protection supervision authority during all its examinations;
e)	 grant to the data subject the right of access to all processed data relating to him/her and, where necessary, enable him/her to rectify, destruction or block such data.  This right may be temporarily restricted during a period of observing, reporting, operational data research, or inquiring.
10.	Any transfer of personal data by the Requesting Customs Authority to another requesting customs authority in a country which does not guarantee a reasonable level of personal data protection is forbidden.
11.	Customs Authorities shall keep records of any provided or received personal data and effectively protect personal data from any unauthorised access and any unauthorised operations or a set of operations with personal data.
12.	Both the Requesting and Requested Customs Authorities agree to have joint and several liability for any loss as may be incurred by to a data subject due to a breach of their obligations.    
13.	None of the provisions in this Agreement shall prejudice applicable national legislation, rules, or any other legal means governing criminal matters or judicial proceedings, including mutual legal assistance.