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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-1212
 

LAW ENFORCEMENT 

Cooperation 

Agreement Between the 

UNITED STATES OF AMERICA 

and NEW ZEALAND 

Signed at Washington March 20, 2013 
 

 

 

NOTE BY THE DEPARTMENT OF STATE 

Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)— 

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 

 

 

 

 

 

 

 

 

NEW ZEALAND 

Law Enforcement: Cooperation 

Agreement signed at Washington 

March 20, 2013; 

Entered into force December 12, 2017, 

with the exception of Articles 8 through 10. 

In accordance with Article 24, Articles 8 

through 10 may enter into force in the 

future under conditions specified in Article 24. 
Agreement between 


the Government of the United States of America 


and 


the Government of New Zealand 


On Enhancing Cooperation in 


Preventing and Combating Crime 


The Government ofthe United States of America and the Government of New Zealand 

(hereinafter "the Parties"), 

Prompted by the desire to cooperate as partners to prevent and combat crime, particularly 

terrorism, more effectively, 

Recognizing that information sharing is an essential component in the fight against crime, 

particularly terrorism, 

Recognizing the importance of preventing and combating crime, particularly terrorism, 

while respecting fundamental rights and freedoms, notably privacy, and 

Seeking to enhance and encourage cooperation between the Parties in the spirit of 

partnership, 

Have agreed as follows: 

Article 1 

Definitions 

For the purposes of this Agreement, 

1. 	 "Criminal justice purpose" shall mean the performance of any ofthe following 

activities: detection, apprehension, detention, pretrial release, post-trial release, 

prosecution, adjudication, correctional supervision, or rehabilitation activities of 

accused persons or criminal offenders, as well as criminal identification activities. 

2. 	 "DNA profile" shall mean a letter or numerical code representing a number of 

identifying features ofthe non-coding part of an analyzed human DNA sample, i.e. of 

the specific chemical form at the various DNA loci. 

3. 	 "Personal data" shall mean any information relating to an identified or identifiable 

natural person (the "data subject"). 

4. 	 "Processing of personal data" shall mean any operation or set of operations which is 

performed upon personal data, whether or not by automated means, such as 

collection, recording, organization, storage, adaptation or alteration, sorting, retrieval, 

consultation, use, disclosure by supply, dissemination or otherwise making available, 

combination or alignment, blocking, or deletion through erasure or destruction of 

personal data. 

5. 	 "Reference data" shall mean a DNA profile and the related reference number ("DNA 

reference data") or fingerprinting data and the related reference number 

("fingerprinting reference data"). Reference data must not contain any data from 
which the data subject can be directly identified. Reference data not traceable to any 

individual must be recognizable as such. 

6. 	 "Specified Automated Fingerprint Identification System" shall mean a Party's 

system specified in an implementing arrangement. 

Article 2 

Purpose and Scope of this Agreement 

1. 	 The purpose ofthis Agreement is to enhance the cooperation between the United 

States and New Zealand in preventing and combating crime. 

2. 	 The querying powers provided for under this Agreement shall be used only for 

prevention, detection and investigation of crime where there is a potential nexus 

between the data sought and the requested Party. 

3. 	 The scope of this Agreement shall encompass crimes constituting an offense 

punishable under the domestic law of the Parties by a maximum deprivation of liberty 

ofmore than one year or a more serious penalty. To ensure compliance with their 

national laws, each Party may notify the other Party of particular crimes within its 

jurisdiction for which the notifying Party shall not be obligated to supply personal 

data pursuant to Articles 6 and 9 of the Agreement. 

Article 3 

Fingerprinting data 

For the purpose of implementing this Agreement, the Parties shall ensure the availability 

of fingerprinting reference data from the file for the Specified Automated Fingerprint 

Identification System. 

Article 4 

Automated querying of fingerprint data 

1. 	 For the purposes ofArticle 2(2), each Party shall allow the other Party's national 

contact points, as referred to in Article 7, access to the reference data in the Specified 

Automated Fingerprint Identification System, which it has established for that 

purpose, with the power to conduct automated queries by comparing fingerprinting 

data. Queries may be conducted only in individual cases and in compliance with the 

querying Party's national law. 

2. 	 Comparison of fingerprinting data with reference data held by the Party in charge of 

the file shall be carried out by the querying national contact points by means ofthe 

automated supply of the reference data required for a clear match. 

3. 	 When needed, further analysis for the purpose of confirming a match of the 

fingerprinting data provided by the querying party with reference data held by the 

Party in charge ofthe file may be carried out by the requested national contact points. 
Article 5 


Alternative means to query using identifying data 


Until both Parties have a fully operational and automated fingerprint identification 

system that links to individual criminal records and is prepared to provide the other Party 

with automated access to such a system, the Parties shall provide an alternative means to 

conduct a query using other identifying data to determine a clear match linking the 

individual to additional data. Query powers shall be exercised in the same manner as 

provided in Article 4 to allow for the supply of additional data as provided for in 

Article 6. 

Article 6 

Supply of further personal data and other data 

Should the procedure referred to in Article 4 show a clear match between fingerprinting 

data, or should the procedure utilized pursuant to Article 5 show a clear match, the supply 

of any available further personal data and other data relating to the reference data shall be 

governed by the national law, including the legal assistance rules, of the requested Party 

and shall be supplied in accordance with Article 7. 

Article 7 

National contact points and implementing arrangements for fingerprinting 

data and the supply of further data 

1. 	 For the purpose of the supply of data as referred to in Articles 4 and 5, and the 

subsequent supply of further personal data and other data as referred to in Article 6, 

each Party shall designate one or more national contact points. The contact point 

shall, absent extraordinary circumstances, supply such data in accordance with the 

national law ofthe Party designating the contact point. Other available legal 

assistance channels need not be used unless considered necessary by the querying 

Party, for instance to authenticate such data for purposes of its admissibility in 

judicial proceedings ofthe requesting Party. 

2. 	 The technical and procedural details for the queries conducted pursuant to Articles 4 

and 5 (and responses to them) shall be set forth in one or more implementing 

arrangement between the Parties. 

Article 8 

Automated querying of DNA profiles 

1. 	 Ifpermissible under the national law of both Parties and on the basis ofreciprocity, 

the Parties may allow each other's national contact point, as referred to in Article 10, 

access to the DNA reference data in their DNA analysis files, with the power to 

conduct automated queries by comparing DNA profiles for the purposes of Article 

2(2). Queries may be made only in individual cases and in compliance with the 

querying Party's national law. 

2. 	 Should an automated query show that a DNA profile supplied matches a DNA profile 

entered in the other Party's file, the querying national contact point shall receive by 

automated notification the DNA reference data for which a match has been found. If 

no match can be found, automated notification of this shall be given. 
Article 9 


Supply of further personal and other data 


Should the procedure referred to in Article 8 show a match between DNA profiles, the 

supply of any available further personal data and other data relating to the DNA reference 

data shall be governed by the national law, including the legal assistance rules, ofthe 

requested Party and shall be supplied in accordance with Article 10. 

Article 10 

National contact point and implementing arrangements for DNA profiles 

and the supply of further data 

1. 	 For the purposes ofthe supply of data as set forth in Article 8, and the subsequent 

supply offurther personal data as referred to in Article 9, each Party shall designate a 

national contact point. The contact point shall, absent extraordinary circumstances, 

supply such data in accordance with the national law of the Party designating the 

contact point. Other available legal assistance channels need not be used unless 

considered necessary by the querying Party, for instance to authenticate such data for 

purposes of its admissibility in judicial proceedings ofthe requesting Party. 

2. 	 The technical and procedural details for the queries conducted pursuant to Article 8 

shall be set forth in one or more implementing arrangements between the Parties. 

Article 11 


Supply of personal and other data in order to prevent 


serious criminal and terrorist offenses 


1. 	 For the prevention of serious criminal and terrorist offenses, the Parties may, in 

compliance with their respective national law, in individual cases, even without being 

requested to do so, supply the other Party's relevant national contact point, as referred 

to in paragraph 6, with the personal data specified in paragraph 2, in so far as is 

necessary because particular circumstances give reason to believe that the data 

subject(s): 

a. 	 will commit or has committed terrorist or terrorism related offenses, or offenses 

related to a terrorist group or association, as those offenses are defined under the 

supplying Party's national law; or 

b. 	 is undergoing or has undergone training to commit the offenses referred to in 

subparagraph a; or 

c. 	 will commit or has committed a serious criminal offense, or participates in an 

organized criminal group or association. 

2. 	 The personal data to be supplied may include, if available, surname, first names, 

former names, other names, aliases, alternative spelling of names, sex, date and place 

of birth, current and former nationalities, passport number, numbers from other 

identity documents, and fingerprinting data, as well as a description of any conviction 

or of the circumstances giving rise to the belief referred to in paragraph 1. 
3. 	 The supplying Party may, in compliance with its national law, impose conditions on 

the use that may be made of such data by the receiving Party. Ifthe receiving Party 

accepts such data, it shall be bound by any such conditions. 

4. 	 Generic restrictions with respect to the legal standards ofthe receiving Party for 

processing personal data may not be imposed by the transmitting Party as a condition 

under paragraph 3 to providing data. 

5. 	 In addition to the personal data referred to in paragraph 2, the Parties may provide 

each other with non-personal data related to the offenses set forth in paragraph 1. 

6. 	 Each Party shall designate one or more national contact points for the exchange of 

personal and other data under this Article with the other Party's contact points. The 

powers ofthe national contact points shall be governed by the national law 

applicable. 

Article 12 

Privacy and Data Protection 

1. 	 The Parties recognize that the handling and processing of personal data that they 

acquire from each other is of critical importance to preserving confidence in the 

implementation ofthis Agreement. 

2. 	 The Parties commit themselves to processing personal data fairly and in accordance 

with their respective laws. In addition, the Parties shall: 

a. 	 ensure that the personal data provided are adequate and relevant in relation to the 

specific purpose of the transfer; 

b. 	 retain personal data only so long as necessary for the specific purpose for which 

the data were provided or further processed in accordance with this Agreement; 

and 

c. 	 ensure that possibly inaccurate personal data are brought to the attention ofthe 

receiving Party in a timely manner in order that appropriate corrective action is 

taken. 

3. 	 This Agreement shall not give rise to rights on the part of any private person, 

including to obtain, suppress, or exclude any evidence, or to impede the sharing of 

personal data. Rights existing independently ofthis Agreement, however, are not 

affected. 

Article 13 

Limitation on processing to protect personal and other data 

1. 	 Without prejudice to Article 11, paragraph 3, each Party may process data obtained 

under this Agreement: 

a. 	 for the purpose of its criminal investigations; 

b. 	 for preventing a serious threat to its public security; 

c. 	 in its non-criminal judicial or administrative proceedings directly related to 

investigations set forth in subparagraph (a); 
d. 	 for border security, visa, entry permission, refugee and protected person decision 

making; or 

e. 	 for any other purpose, only with the prior consent ofthe Party which has 


transmitted the data. 


2. 	 The Parties shall not communicate data provided under this Agreement to any third 

State, international body or private entity without the consent of the Party that 

provided the data and without the appropriate safeguards required by that Party. 

3. 	 A Party may conduct an automated query ofthe other Party's fingerprint or DNA 

files under Articles 4 or 8, and process data received in response to such a query, 

including the communication whether or not a hit exists, solely in order to: 

a. 	 establish whether the compared DNA profiles or fingerprint data match; 

b. 	 prepare and submit a follow-up request for assistance in compliance with national 

law, including the legal assistance rules, if those data match; or 

c. 	 conduct record-keeping, as required or permitted by its national law. 

The Party administering the file may process the data supplied to it by the querying Party 

during the course of an automated query in accordance with Articles 4 and 8 solely where 

this is necessary for the purposes of comparison, providing automated replies to the query 

or record-keeping pursuant to Article 16. The data supplied for comparison shall be 

deleted immediately following data comparison or automated replies to queries unless 

further processing is necessary for the purposes mentioned under this Article, paragraph 

3, subparagraphs (b) or (c). 

Article 14 

Correction, blockage and deletion of data 

1. 	 At the request ofthe supplying Party, the receiving Party shall be obliged to correct, 

prevent access to, or delete, consistent with its national law, data received under this 

Agreement that are incorrect or incomplete or if its collection or further processing 

contravenes this Agreement or the measures applicable to the supplying Party. 

2. 	 Where a Party becomes aware that data it has received from the other Party under this 

Agreement are not accurate, it shall take all appropriate measures to safeguard against 

erroneous reliance on such data, which shall include in particular supplementation, 

deletion, or correction of such data. 

3. 	 Each Party shall notify the other if it becomes aware that material data it has 

transmitted to the other Party or received from the other Party under this Agreement 

are inaccurate or unreliable or are subject to significant doubt. 

Article 15 

Documentation 

1. 	 Each Party shall maintain a record of the transmission and receipt of data 

communicated to the other Party under this Agreement. This record shall serve to: 

a. 	 ensure effective monitoring of data protection in accordance with the national law 

ofthe respective Party; 
b. 	 enable the Parties to effectively make use of the rights granted to them according 

to Articles 14 and 18; and 

c. 	 ensure data security. 

2. 	 The record shall include: 

a. 	 information on the data supplied; 

b. 	 the date of supply; and 

c. 	 the recipient ofthe data in case the data are supplied to other entities. 

3. 	 The recorded data shall be protected with suitable measures against inappropriate use 

and other forms of improper use and shall be kept for two years. After the 

conservation period the recorded data shall be deleted immediately, unless this is 

inconsistent with laws of the receiving Party, including applicable data protection and 

retention rules. 

Article 16 

Data Security 

1. 	 The Parties shall ensure that the necessary technical measures and organizational 

arrangements are utilized to protect personal data against accidental or unlawful 

destruction, accidental loss or unauthorized disclosure, alteration, access or any 

unauthorized form ofprocessing. The Parties in particular shall reasonably take 

measures to ensure that only those authorized to access personal data can have access 

to data transmitted under this Agreement. 

2. 	 The implementing arrangements that govern the procedures for automated querying 

of fingerprint and DNA files pursuant to Articles 4 and 8 shall provide: 

a. 	 that appropriate use is made ofmodem technology to ensure data protection, 

security, confidentiality and integrity; 

b. 	 that encryption and authorization procedures recognized by the competent 

authorities are used when having recourse to generally accessible networks; and 

c. 	 for a mechanism to ensure that only permissible queries are conducted. 

Article 17 


Transparency - Providing information to the data subjects 


1. 	 Nothing in this Agreement shall be interpreted to interfere with the Parties' legal 

obligations, as set forth by their respective laws, to provide data subjects with 

information as to the purposes ofthe processing and the identity of the data 

controller, the recipients or categories ofrecipients, the existence of the right of 

access to and the right to rectify the data concerning him or her and any further 

information such as the legal basis of the processing operation for which the data are 

intended, the time limits for storing the data and the right of recourse, in so far as 

such further information is necessary, having regard for the purposes and the specific 

circumstances in which the data are processed, to guarantee fair processing with 

respect to data subjects. 
2. 	 Such information may be denied in accordance with the respective laws ofthe Parties 

including if providing this information may jeopardize: ' 

a. 	 the purposes ofthe processing; 

b. 	 investigations or prosecutions conducted by the competent authorities in the 

United States or by the competent authorities in New Zealand; or 

c. 	 the rights and freedoms ofthird parties. 

Article 18 

Information 

Upon request, the receiving Party shall inform the supplying Party of the processing of 

supplied data and the result obtained. The receiving Party shall ensure that its answer is 

communicated to the supplying Party in a timely manner. 

Article 19 

Relation to Other Agreements 

Nothing in this Agreement shall be construed to limit or prejudice the provisions of any 

treaty, other agreement, working law enforcement relationship, or domestic law allowing 

for information sharing between the United States and New Zealand. 

Article 20 

Consultations 

1. 	 The Parties shall consult each other regularly on the implementation ofthe provisions 

of this Agreement. 

2. 	 In the event of any dispute regarding the interpretation or application ofthis 

Agreement, the Parties shall consult each other in order to facilitate its resolution. 

Article 21 

Expenses 

Each Party shall bear the expenses incurred by its authorities in implementing this 

Agreement. In special cases, the Parties may agree on different arrangements in relation 

to expenses. 

Article 22 

Termination of the Agreement 

This Agreement may be terminated by either Party with three months' notice in writing to 

the other Party. The provisions of this Agreement shall continue to apply to data supplied 

prior to such termination. 

Article 23 

Amendments 

1. 	 The Parties shall enter into consultations with respect to the amendment ofthis 

Agreement at the request of either Party. 

2. 	 This Agreement may be amended by written agreement ofthe Parties at any time. 
Article 24 

Entry into force 

1. 	 This Agreement shall enter into force, with the exception ofArticles 8, 9 and 10, on 

the date ofthe later note completing an exchange of diplomatic notes between the 

Parties indicating that each has taken any steps necessary to bring this Agreement into 

force. 

2. 	 Articles 8, 9 and 10 ofthis Agreement shall enter into force following the conclusion 

ofthe implementing agreement(s) or arrangement(s) referenced in Article 10 and on 

the date of the later note completing an exchange of diplomatic notes between the 

Parties indicating that each Party is able to implement those articles on a reciprocal 

basis. This exchange shall occur ifthe laws of both Parties permit the type of DNA 

screening contemplated by Articles 8, 9 and 10. 

~ne a~e shingt:n, ~;yof~~~~~,~~~~in the English 

FOR ~VERNME OF FOR IBE GOVERNMENT OF 

THE UNITED STATES OF AMERICA: NEW ZEALAND: