Agreement on Cooperation in the Prosecution of White-Collar Crime - Purpose and Subject Matter

1. The Canton of Nidwalden ensures the prosecution of economic crimes for the agreement cantons by appointing suitably qualified prosecutors. This Prosecution Office for Economic Crimes is affiliated with the Nidwalden Public Prosecutor's Office.

2. The authorities of the Cantons of Obwalden and Uri commission the Prosecution Office for Economic Crimes, within the framework of a procurement of services and according to the provisions outlined below, to prosecute economic crimes. The Prosecution Office for Economic Crimes acts as an extraordinary public prosecutor's office in the Cantons of Obwalden and Uri, and it requires appointment by the competent authority in individual cases.

1. Cost Sharing for the Basic Contribution pursuant to Art. 11 para. 1 of the Agreement on Cooperation in the Prosecution of Economic Crimes shall be determined as follows effective January 1, 2024

1. * Canton of Nidwalden: 66%

2. * Canton of Obwalden: 18%

3. * Canton of Uri: 16%

1. This Agreement shall enter into force with the approval of all contracting cantons.

1. The Public Prosecutor's Office for Economic Crimes consists of

1. Public Prosecutors: 180-200 FTEs

2. Secretariat: 100 FTEs

1. Economic crimes within the meaning of this agreement particularly include felonies and misdemeanors committed in the area of commercial and economic transactions, which are based on extensive or legally and factually complicated processes generally characterized by a multitude of offenses and victims, as well as high amounts of illicit gains, and whose investigation especially requires economic expertise.

1. The electoral or appointing authority of the Canton of Nidwalden must consult the authorities of the Cantons of Obwalden and Uri, which are responsible for the appointment or election of an extraordinary public prosecutor's office, before electing or appointing prosecutors for the Public Prosecutor's Office for Economic Crimes; it may establish an inter-cantonal selection committee.

1. The authorities responsible for the appointment or election of an extraordinary public prosecution office in the cantons of Obwalden and Uri shall, upon a written and substantiated request from the respective Office of the Chief Public Prosecutor, commission the Public Prosecution Office for Economic Crimes to conduct the criminal investigation, provided it concerns an economic crime in accordance with Art. 3 of this agreement.

2. The Offices of the Chief Public Prosecutor in the cantons party to the agreement shall be informed of the appointments that have been made.

1. The assignment of any criminal investigations not covered by Article 3 of this agreement shall be decided by the competent authorities in accordance with Article 4 of this agreement, after consultation with the Administrative Commission of the Higher Court of Nidwalden as the supervisory body over the Public Prosecutor's Office.

2. The Public Prosecutor's Office for Economic Crimes is also available to provide advisory services to the criminal investigation bodies of the cantons party to the agreement.

1. Supervision of the Public Prosecutor's Office for Economic Crimes is governed by the legal provisions of the canton for which it serves.

2. The supervisory authorities coordinate their activities independently.

3. The Administrative Commission of the Higher Court of Nidwalden informs the administrative supervisory authorities of the Canton of Obwalden and the Canton of Uri about its activities, the results of its supervision, and the caseload of the Public Prosecutor's Office for Economic Crimes at least annually. In the event of special occurrences, particularly in cases of a significant increase in caseload, immediate information is provided.

1. It is the responsibility of each individual canton to provide the necessary police infrastructure to the Public Prosecutor's Office for economic crimes and to appropriately train the persons tasked with investigations.

1. The Canton of Nidwalden bears the costs of the public prosecutor's office for economic offenses; the Cantons of Obwalden and Uri pay contributions to the Canton of Nidwalden, which are generally based on the expenses incurred due to the service acquisition.

2. The costs of criminal investigations are charged to the individual cantons.

1. The annual expenses arise from personnel costs as well as expenses for office premises and infrastructure.

**1. A portion of 40 percent of the annual costs according to Art. 9 of this agreement will be allocated as a basic contribution, which must be paid in any case, as follows:**

1. * Canton of Nidwalden: see Appendix 1

2. * Canton of Obwalden: see Appendix 1

3. * Canton of Uri: see Appendix 1

**2. This cost allocation is based on the average utilization from the years 2005 to 2009. It will be reviewed every three years, for the first time again on January 1, 2014, based on the average utilization of the last five years, and will be newly determined by the contracting parties.**

**3. The remaining 60 percent of the costs will be proportionally charged to those cantons on whose behalf the Public Prosecutor’s Office for Economic Offenses was active. Simple, short consultations are not charged to the contracting cantons.**

1. Contributions from the agreeing cantons are payable within 30 days after the annual financial statement is available. The cantons shall make an advance payment of three-quarters of the annual costs by the end of June each year.

2. The Nidwalden financial control audits the accounting and submits an annual report.

3. The financial controls of the cantons of Obwalden and Uri have the right to examine the financial statement and the audit report of the Nidwalden financial control.

1. The Agreement on Cooperation in the Prosecution of Economic Crimes dated August 21, 1995, is repealed.

1. The agreement shall enter into force on January 1, 2011, after being signed by the contracting parties and subject to the approval of this agreement by the Nidwalden District Council as well as the authorization of the necessary staff increase.

2. It may be terminated with six months' notice effective at the end of a calendar year.