1.   Tanzania may accept, upon the request of EUNAVFOR, the transfer by EUNAVFOR of persons detained by EUNAVFOR in connection with piracy and associated seized property and submit such persons and property to its competent authorities for the purpose of investigation and prosecution. Agreement on acceptance of a proposed handover will be made on a case by case basis by Tanzania, taking into account all relevant circumstances including the location of the incident.

2.   EUNAVFOR shall transfer persons only to competent law enforcement authorities of Tanzania.

3.   The Parties shall treat the persons referred to in Article 1, both prior to and following transfer, humanely and in accordance with international human rights obligations, including the prohibition of torture and cruel, inhuman and degrading treatment or punishment, the prohibition of unlawful detention, and in accordance with the requirement to have a fair trial.

4.   Transfers shall not be carried out before the competent law enforcement authorities of Tanzania decide, in accordance with Tanzanian internal procedures, on the basis of evidence forwarded by EUNAVFOR through relevant communication channels, that there are reasonable prospects of securing a conviction of persons detained by EUNAVFOR.

1.   Transferred persons shall be treated humanely and shall not be subjected to torture or cruel, inhuman or degrading treatment or punishment, shall receive reasonable accommodation and nourishment and access to medical treatment, and shall be able to carry out religious observance.

2.   Transferred persons shall be brought promptly before a judge or other officer authorised by law to exercise judicial power, who shall decide without delay on the lawfulness of their detention and shall order their release if the detention is not justified.

3.   Transferred persons shall be entitled to trial within a reasonable time or to release.

4.   In the determination of any criminal charge against them, any transferred persons shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

5.   Transferred persons charged with a criminal offence shall be presumed innocent until proved guilty according to law.

6.   In the determination of any criminal charge against them, transferred persons shall be entitled to the following minimum guarantees, in full equality:

7.   Transferred persons convicted of a crime shall have the right to their conviction and sentence being reviewed by or appealed to a higher tribunal in accordance with the laws of Tanzania.

8.   Tanzania may, after consultation with the EU, transfer such persons convicted and serving their sentences in Tanzania to a third State which complies with human rights standards, with a view to serving their sentences in that third State. In case of serious concerns about the human rights situation in that third Sate, no transfer shall take place before a satisfactory solution is found through consultations between the Parties to address the concerns expressed.

1.   Any transfer shall be the subject of an appropriate document signed by a representative of EUNAVFOR and a representative of the competent law enforcement authorities of Tanzania.

2.   EUNAVFOR shall provide detention records to Tanzania with regard to transferred persons. These records shall include the physical condition of transferred persons while in detention, the time of transfer to Tanzania, the reason for their detention, the time and place of the commencement of their detention, and any decisions taken with regard to their detention.

3.   Tanzania shall be responsible for keeping an accurate account of all transferred persons, including but not limited to keeping records of any seized property, the persons' physical condition, the location of their places of detention, any charges against them and any significant decisions taken in the course of their prosecution and trial.

4.   Those records shall be available to representatives of the EU and EUNAVFOR in accordance with Tanzanian laws and regulations upon request in writing to the Ministry of Foreign Affairs of Tanzania.

5.   In addition, Tanzania shall notify EUNAVFOR of the place of detention of persons transferred under this Agreement, of any deterioration of their physical condition and of any allegations of improper treatment. Representatives of the EU and EUNAVFOR shall have access to persons transferred under this Agreement as long as such persons are in custody, subject to the applicable laws, and shall be entitled to question them.

6.   National and international humanitarian agencies shall, at their request, be allowed to visit persons transferred under this Agreement.

7.   For the purposes of ensuring that EUNAVFOR is able to provide timely assistance to Tanzania with attendance of witnesses from EUNAVFOR and the provision of relevant evidence, Tanzania shall notify EUNAVFOR of its intention to initiate criminal trial proceedings against transferred persons and the timetable for provision of evidence, and the hearing of evidence.

1.   EU and EUNAVFOR, within their means and capabilities, shall provide all assistance to Tanzania with a view to investigating and prosecuting of transferred persons.

2.   In particular, EU and EUNAVFOR shall:

1.   All issues arising in connection with the application of this Agreement shall be examined jointly by Tanzania and the EU competent authorities.

2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between Tanzania and EU representatives.

1.   For the purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of implementing arrangements to be concluded between the competent Tanzanian authorities on the one hand and the competent EU authorities, as well as the competent authorities of the Sending States, on the other hand.

2.   Implementing arrangements may cover, inter alia:

1.   This Agreement shall be provisionally applied as from the date it is signed and shall enter into force after each of the Parties has notified the other Party that it has completed its internal procedure for the ratification of this Agreement.

2.   Either Party may, by written notification, terminate this Agreement. In such case, the termination shall take effect three months after the date of receipt of the notification.

3.   This Agreement may be amended by written agreement between the Parties.

4.   Termination of this Agreement shall not affect any rights or obligations arising out of its execution before such termination, including the rights of transferred persons as long as they are held in custody or are prosecuted in Tanzania.

5.   After the termination of this Agreement, all rights of the EU under this Agreement may be exercised by any person designated by the EU High Representative for Foreign Affairs and Security Policy. After the termination of the Agreement, all notifications that were to be made to EUNAVFOR under this Agreement shall be made to the EU High Representative for Foreign Affairs and Security Policy.