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HomeMy WebLinkAboutExhibitMEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF INTERIOR IN THE KINGDOM OF BAHRAIN AND THE CITY OF MIAMI ON COOPERATION IN ENHANCING COMMUNITY POLICING AND COMBATTING TRANSNATIONAL CRIME This Memorandum of Understanding (MoU) is entered into between the Ministery of Interior in the Kingdom of Bahrain ("Bahrain MOI") and the City of Miami hereinafter referred to individually as a "Participant" and collectively "the Participants' WHEREAS, the Participants desire to further develop cooperation between the Participants in the spirit of collaboration to enhance community policing and combat transnational crimes; WHEREAS, the Participants recognize the significance of forging stronger ties between members of the law enforcement and the community; WHEREAS, the Participants are concerned by the increasing threat of transnational crime; WHEREAS, the Participants realize the need for cooperation between the Participants for effective law enforcement in the field of community policing and preventing and combatting transnational crime: WHEREAS, pursuant to the prevailing laws and regulations in their respective countries; The Participants have reached the following understanding: ARTICLE (1) DEFINITIONS For the purpose of this MoU, the following terms are defined as indicated: "Community Policing" refers to the promotion of organizational strategies in supporting the systematic use of partnerships and problem -solving techniques between the police and the community. 2. "Transnational Crime" refers to crimes that take place in whole or in part across national borders to include: illicit drug trafficking, terrorism, arms smuggling, human trafficking, maritime fraud, cyber crimes, money laundering, commercial crimes, bank offenses, credit card fraud, and the production, distribution and use of fraudulent travel documents. 3. "Joint activities" means any activity engaged jointly by the Participants in order to promote and enhance community policing practices as well as prevent, detect and deter transnational crime. ARTICLE (2) GENERAL PROVISIONS It is in the interest of public safety for the citizens and residents of the Kingdom of Bahrain and the City of Miami that the Participants enter into this MoU in order to facilitate a cooperative approach to promote more effective law enforcement through effective community policing and combating transnational crime. The implementation of this MoU respects the principles of sovereignty, territorial integrit% and non-interference in internal affairs. In deference to national sovereignty and principles of international law, neither Participant exercises in the other Participant's territory any competence or function that exclusively belongs to the latter's authority. There will not be exact reciprocity between the Participants because of the differing needs and circumstances of the respective jurisdictions, although the key principles are the same. This Memorandum of Understanding is in no way intended to conflict with the provisions of any treaty negotiated by or between the governments of the United States of America and the Kingdom of Bahrain nor any agreements the Participants have entered into. ARTICLE (3) OBJECTIVES The objective of this MoU is to promote cooperation between the Participants, particularly with respect to training and sharing of information, expertise and best practices to ensure stronger ties between the police and the community as well as prevent and combat transnational crime. ARTICLE (4) AREAS OF COOPERATION The Participants intend to collaborate in providing mutual assistance to implement measures and strategies effectively in the field of community policing. The Participants intend to cooperate in preventing and combatting transnational crime, in particular, criminal acts relating to: l . Illicit Drug Trafficking; 2. Terrorism; 3. Arms Smuggling; 4. Human Trafficking; 5. Maritime Fraud; 6. Commercial Crime, Bank Offenses and Credit Card Fraud: 7. Cyber-crime; 8. Money Laundering; 9. Fraudulent Travel Documents; and 10. Other types of crime not specifically addressed in this Memorandum that the Participants may subsequently determine to be necessary to include. ARTICLE (5) FORMS OF COOPERATION For the implementation of this Memorandum, the Participants intend to: 1. Exchange information and materials consistent with the terms of this Memorandum in compliance with all relevant legislations and regulations in their respective countries and within the limits of their authority; 2. Cooperate in capacity building, which may include the exchange of personnel for training and education and the sharing of best practices; 3. Engage in joint activities that actively promote community policing and effectively prevent and combat transnational crime; 4. Establish a Joint Committee responsible for the implementation of this Memorandum; and 5. Cooperate in other forms of activity as may be mutually consented upon by the Participants. ARTICLE (6) CONSULTATION The Participants intend to conduct consultations at least once a year at a mutually agreeable time and place to be determined by the Participants. Consultations may be conducted by any senior officers designated and authorized by the Participants. The purpose of consultations is: 1. To formulate policies and procedures to enhance community policing and prevent and combat transnational crime; 2. To coordinate and monitor activities conducted within the framework of this Memorandum, and; 3. To evaluate policies, programs, and activities implemented for the purpose of enhancing and improving future programs. ARTICLE (7) PUBLICATION TO THE MEDIA Any publication to the media, individually or jointly, is coordinated and consented upon by Participants in advance of such publication in order to safeguard the interests of the Participants. Approved publication to the media is for the limited purpose of enhancing public awareness regarding the efforts of the Participants to strengthen the police -community relationships and to prevent, detect and deter the commission of criminal acts, subject to the laws and regulations in the Participants' respective countries and the state of Florida. ARTICLE (8) FUNDING Each Participant intends to be responsible for any expenses incurred by that Participant in the implementation of this Memorandum unless otherwise agreed upon by the Participants on a case - by -case basis. ARTICLE (9) REFUSAL OF COOPERATION In the event that the implementation of this Memorandum violates the sovereignty of either Participant's country or poses a threat to its security or prejudices its crucial interests or violates its laws or regulations or any international agreement or instrument to which it is a party, a Participant may derogate some areas of this Memorandum or suspend cooperation altogether at any time. ARTICLE (10) INTERNATIONAL OBLIGATION The provisions of this Memorandum do not prejudice any international agreement to which the Kingdom of Bahrain or the United States of America is a party. ARTICLE (11) AMENDMENT This Memorandum may be revised or modified in writing by the mutual consent of the Participants. Such revision or amendment enters into force on such date as may be determined by the Participants. ARTICLE (12) SETTLEMENT OF DISPUTES Any matter arising from the interpretation, application, or implementation of this Memorandum is intended to be resolved through consultations between the Participants. The Participants recognize that the City of Miami's liability is limited by Florida law. ARTICLE (13) ENTRY INTO FORCE, DURATION, AND TERMINATION 1. This Memorandum enters into effect on the date of its signature. 2. This Memorandum shall be terminated after the expiry of five (5) years unless renewed by mutual consent of the Participants. 3. Each Participant may terminate this Memorandum for convenience at any time. 'yk In witness thereof, the undersigned being duly authorized have signed this MoU on this day of _, Two Thousand and Twenty -One. For / Kingdom of Bahrain For / ' y of Miami CITY OF MIAMI, a Florida Municipal Corporation By: _ /40 Arthur Nor ga V, City Manager Attest: IIn Todd B. Hannon, City Clerk Approved as to Form and Correctness: Victoria Mendez, City Attorney Approved as to Insurance Requirements: Ann -Marie Sharpe, Director of Risk Management Date: --�D-01 Date: Date: Date: