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04 June 2010

ANTI-CORRUPTION AGENCY AND THE STATE PROSECUTOR SIGNED A COOPERATION AGREEMENT

1. The State Prosecutor and Anti-Corruption Agency establish partnership and cooperation relations in combating corruption through: 
1. Exchange of information related to corruption;
2. Cooperation in the investigation of cases resulting in criminal acts of corruption;
3. Technical assistance and mutual assistance in investigation processes;
4. Providing mutual advice in solving various problems concerning fighting the corruption.
2. Anti-Corruption Agency will have the right to file criminal charges for corruption offenses to the State Prosecutor's Office and will provide its assistance in the investigation of these offenses.
3. In cases when the Agency files criminal charges to the State Prosecutor, criminal charges will be sent to the competent prosecutor for investigation and on the same, Anti-Corruption Agency will be informed through its Director and upon his/her request about the handling of the criminal charges sent by Anti-Corruption Agency through feedback which should contain the reference number of the Agency.
4. The State Prosecutor may at any time contact the Anti-Corruption Agency and seek its assistance in dealing with criminal charges filed by the Agency.
5. The State Prosecutor and Anti-Corruption Agency will closely cooperate in the investigation of suspected cases of corruption which the Agency sends to the prosecutor, including the granting of authorizations by the Prosecutor to take specific investigative actions by the Agency for the Prosecution.
6. Anti-Corruption Agency, whenever it deems necessary, may seek the assistance of the Prosecutor in providing documentation required by the institutions, when the latter refuse to submit the documentation required by the Agency, especially when it is about providing financial documentation by banks on individuals and legal entities that are subject to investigation.
7. Signatories to this Agreement agree to extend the field of cooperation in combating corruption through other forms such as:
1. Joint training;
2. Joint seminars;
8. Signatories agree to cooperate fully in the implementation of the points set out in Article 5 of Law no. 03-L-159 on Anti-Corruption Agency and Chapter XXIX of the Kosovo Criminal Code, by each signatory of this agreement conform to the legal acts mentioned above.
9. Principles of confidentiality of information and documents of this nature will be applied with precision between the signatory parties. This obligation extends to prevent the obstruction of any kind of action that might cause a conflict of competencies between the signatory parties, except in cases where it is necessary to fulfil the mandate of the Prosecutor.
10. The cooperation will be implemented among the respective contact officers and in full compliance with the commitments arising from this Agreement. 
11. None of the actions described above, that address forms of inter-institutional cooperation must not be used for other purposes, may not be published because to do so would harm the investigation process.
12. This Agreement shall be void:
1. By prior 30 day-notice of one party 
2. Automatically if violated provisions of the Agreement.
13. Review of the cooperation and reporting of achievements will be made at the end of every calendar year through the regular meeting to be held between management of the respective signatory institutions to this agreement. 
14. This Cooperation Agreement enters into force at the time of its signing by the Chief State Prosecutor and Director of Anti-Corruption Agency.

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