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Compendium of Bilateral, Regional and International Instruments on Extradition

and Mutual Legal Assistance (ECOWAS Member States)

Bilateral treaties

Volume 2

Recueil des instruments bilatéraux, régionaux, et internationaux sur l’extradition

et l’entraide judiciaire (États membres de la CEDEAO)

instruments Bilatéraux

tome 2

Compêndio de Instrumentos Bilaterais, Regionais e Internacionais em matéria de Extradição

e Auxílio Jurídico Recíproco (Membros da CEDEAO)

instrumentos Bilaterais

V. 2

TERRORISM PREvEnTIOn BRAnCh, UnODC, In COLLABORATIOn WITh ECOWAS

SERvICE DE LA PRÉvEnTIOn DU TERRORISME, OnUDC, En COLLABORATIOn AvEC LA CEDEAO

UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna

Compendium of Bilateral, Regional and International Instruments on Extradition

and Mutual Legal Assistance (ECOWAS Member States)

Bilateral treaties

Volume 2

Recueil des instruments bilatéraux, régionaux, et internationaux sur l’extradition

et l’entraide judiciaire (États membres de la CEDEAO)

instruments Bilatéraux

tome 2

Compêndio de Instrumentos Bilaterais, Regionais e Internacionais em matéria de Extradição

e Auxílio Jurídico Recíproco (Membros da CEDEAO)

instrumentos Bilaterais

V. 2

TERRORISM PREvEnTIOn BRAnCh, UnODC, In COLLABORATIOn WITh ECOWAS

SERvICE DE LA PRÉvEnTIOn DU TERRORISME, OnUDC, En COLLABORATIOn AvEC LA CEDEAO

UNITED NATIONSNew York, 2013

© United Nations, May 2013. All rights reserved, worldwide.

The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations con-cerning the legal status of any country, territory, city, area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

This publication has not been formally edited.

ECOWAS Member States: Benin, Burkina Faso, Cape Verde, Côte d’Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, Togo

États membres de la CEDEAO: Bénin, Burkina Faso, Cap Vert, Côte d’Ivoire, Gambie, Ghana, Guinée, Guinée-Bissau, Libéria, Mali, Niger, Nigéria, Sénégal, Sierra Leone, Togo

Membros da CEDEAO: Benim, Burkina Faso, Capo Verde, Costa do Marfim, Gâmbia, Gana, Guiné, Guiné-Bissau, Libéria, Mali, Níger, Nigéria, Senegal, Serra Leoa, Togo

iii

Contents

Part 1 International instruments

I. Resolution adopted by the United Nations Security Council . . . . . . . . . . 5

1. United Nations Security Council Resolution 1373, 2001 . . . . . . . 5

II. The universal instruments against terrorism . . . . . . . . . . . . . . . . . . . . 9

1. Convention on Offences and Certain Other Acts Committed on

Board Aircraft,1963 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2. Convention for the Suppression of Unlawful Seizure of

Aircraft, 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3. Convention for the Suppression of Unlawful Acts against the

Safety of Civil Aviation, 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . 24

4. Convention on the Prevention and Punishment of Crimes

against Internationally Protected Persons, including Diplomatic

Agents, 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

5. International Convention Against the Taking of Hostages, 1979 . 38

6. Convention on the Physical Protection of Nuclear

Material 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

7. Protocol for the Suppression of Unlawful Acts of Violence at

Airports Serving International Civil Aviation, 1988 . . . . . . . . . . . 57

8. Convention for the Suppression of Unlawful Acts against the

Safety of Maritime Navigation, 1988 . . . . . . . . . . . . . . . . . . . . . 61

9. Protocol for the Suppression of Unlawful Acts against the

Safety of Fixed Platforms Located on the Continental

Shelf, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

10. Convention on the Marking of Plastic Explosives for the Purpose

of Detection, 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

11. International Convention for the Suppression of Terrorist

Bombings, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

12. International Convention for the Suppression of the Financing

of Terrorism, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

13. International Convention for the Suppression of Acts of Nuclear

Terrorism, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

14. Amendment to the Convention on the Physical Protection of

Nuclear Material, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

iv

15. Protocol of 2005 to the Convention for the Suppression of

Unlawful Acts against the Safety of Maritime Navigation, 2005 . 136

16. Protocol for the Suppression of Unlawful Acts against the

Safety of Fixed Platforms Located on the Continental

Shelf, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159

III. Other international instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

a) Instruments against transnational organized crime, corruption

and drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

1. Single Convention on Narcotic Drugs, as amended by

the Protocol amending the Single Convention on Narcotic

Drugs, 1961, 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

2. Convention on Psychotropic Substances, 1971 . . . . . . . . . . . . . . 206

3. United Nations Convention against Illicit Traffic in Narcotic

Drugs and Psychotropic Substances, 1988 . . . . . . . . . . . . . . . . . 231

4. United Nations Convention against Transnational Organized

Crime, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264

5. Protocol to Prevent, Suppress and Punish Trafficking in

Persons, Especially Women and Children, supplementing the

United Nations Convention against Transnational Organized

Crime, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298

6. Protocol against the Smuggling of Migrants by Land, Sea and

Air, supplementing the United Nations Convention against

Transnational Organized Crime, 2000 . . . . . . . . . . . . . . . . . . . . 309

7. Protocol against the Illicit Manufacturing of and Trafficking

in Firearms, Their Parts and Components and Ammunition,

supplementing the United Nations Convention against

Transnational Organized Crime, 2001 . . . . . . . . . . . . . . . . . . . . 324

8. United Nations Convention against Corruption, 2003 . . . . . . . . . 336

b) Instruments related to human rights . . . . . . . . . . . . . . . . . . . . . . . 387

1. Convention relating to the Status of Refugees, 1951 . . . . . . . . . 387

2. International Covenant on Civil and Political Rights, 1966 . . . . . 405

3. Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment of Punishment, 1984 . . . . . . . . . . . . . . . . 425

Part 2 Regional instruments

I. Instruments adopted by the African Union (AU) . . . . . . . . . . . . . . . . . 441

1. Organization of African Unity (OAU) Convention on the

Prevention and Combating of Terrorism, 1999 . . . . . . . . . . . . . 441

iii

2. African Union Convention on Preventing and Combating

Corruption, 2003. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

3. Protocol to the Organization of African Unity Convention on

the Prevention and Combating of Terrorism, 2004 . . . . . . . . . . 471

II. Instruments adopted by the Economic Community of the West African

States (ECOWAS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479

1. Convention on Mutual Assistance in Criminal Matters, 1992 . . . . 479

2. Convention on Extradition, 1994 . . . . . . . . . . . . . . . . . . . . . . . 495

3. Protocole sur la lutte contre la corruption, 2011: Protocol on

the Fight Against Corruption, 2001 . . . . . . . . . . . . . . . . . . . . . 509

III. Instruments adopted by the West African Economic and Monetary Union

(WAEMU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510

1. Directive n°07/2002/CM/UEMOA relative à la lutte contre

le blanchiment de capitaux, 2002 : Directive

n°07/2002/CM/WAEMU on the fight against money

laundering, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510

2. Règlement n°14/2002/CM/UEMOA relatif au gel des fonds et

autres ressources financières dans le cadre de la lutte contre

le financement du terrorisme, 2002 : Regulation

n°14/2002/CM/WAEMU relating to the freezing of funds and

other financial assets in the framework of the fight against

the financing of terrorism, 2002 . . . . . . . . . . . . . . . . . . . . . . . 510

3. Directive n°04/2007/CM/UEMOA relative à la lutte contre

le financement du terrorisme, 2007 : Directive

n°04/2007/CM/WAEMU relating to the fight against the

financing of terrorism, 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . 510

Part 3 Other instruments applicable in the region

I. Other regional instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513

1. Convention générale de coopération en matière de

justice, 1961 : General convention on cooperation in

judicial matters, 1961 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513

2. Convention relative à la coopération en matière judiciaire

entre les Etats membres de l’Accord de non-agression et

d’assistance en matière de défense (ANAD), 1987 : Convention

relating to the cooperation in judicial matters among the

Member States of the Accord de non-agression et d’assistance

en matière de défense (ANAD), 1987 . . . . . . . . . . . . . . . . . . . . 513

vi

3. Convention de coopération et d’entraide en matière de justice

entre les Etats membres du Conseil de l’Entente, 1997 :

Convention of cooperation and mutual legal assistance among

the Member States of the Conseil de l’Entente, 1997 . . . . . . . . 513

4. Convention of the Organization of the Islamic Conference on

Combating International Terrorism, 1999 . . . . . . . . . . . . . . . . . 514

5. Convention on Extradition and Mutual Legal Assistance in

Counter-terrorism (Rabat Convention), 2008 . . . . . . . . . . . . . . 531

6. Traité d’extradition entre la République Populaire du Bénin, la

République du Ghana, la République Fédérale du Nigeria et la

République Togolaise, 1984 : Extradition Treaty among the

People’s Republic of Benin, the Republic of Ghana, the

Federal Republic of Nigeria and the Republic of Togo, 1984 . . . 559

II. Instruments adopted by the Commonwealth Secretariat . . . . . . . . . . . . 560

1. The London Scheme for Extradition within the Commonwealth

(with amendments of 2002) . . . . . . . . . . . . . . . . . . . . . . . . . . 560

2. The Harare Scheme relating to Mutual Legal Assistance in

Criminal Matters within the Commonwealth (with amendments

of 1990, 2002, and 2005) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 572

3. The Commonwealth Scheme for the rendition of fugitive

offenders (with amendments of 1990). . . . . . . . . . . . . . . . . . . 588

III. Instruments adopted by the Comunidade dos Países de Língua

Portuguesa (CPLP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601

1. Convenção de auxílio judiciário em matéria penal entre os

Estados membros da Comunidade dos Países de Língua

Portuguesa : Convention on mutual legal assistance among the

Member States of the Community of Portuguese-speaking

countries (CPLP), 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601

2. Convenção de Extradição entre os Estados membros da

Comunidade dos Países de Língua Portuguesa: Convention on

extradition among the Member States of the Community of

Portuguese-speaking countries (CPLP), 2005 . . . . . . . . . . . . . . 601

3. Convenção sobre a transferência de pessoas condenadas

entre os Estados membros da Comunidade dos Países de

Língua Portuguesa : Convention on the transfer of sentenced

persons among the Member States of the Community of

Portuguese-speaking countries (CPLP), 2005 . . . . . . . . . . . . . . 601

iii

Table des matieres

Premiére partie Instruments internationaux

I. Résolution adoptée par le Conseil de Sécurité des Nations Unies . 607

1. Résolution 1373 (2001) du Conseil de sécurité des

Nations Unies, 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . 607

II. Instruments universels de lutte contre le terrorisme . . . . . . . . . . 611

1. Convention relative aux infractions et à certains autres

actes survenant à bord des aéronefs, 1963 . . . . . . . . . . . 611

2. Convention pour la répression de la capture illicite

d’aéronefs, 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620

3. Convention pour la répression d’actes illicites dirigés

contre la sécurité de l’aviation civile, 1971 . . . . . . . . . . 626

4. Convention sur la prévention et la répression des

infractions contre les personnes jouissant d’une

protection internationale, y compris les agents

diplomatiques, 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . 633

5. Convention internationale contre la prise

d’otages, 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640

6. Convention sur la protection physique des matières

nucléaires, 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648

7. Protocole pour la répression des actes illicites de

violence dans les aéroports servant à l’aviation civile

internationale, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . 660

8. Convention pour la répression d’actes illicites contre

la sécurité de la navigation maritime, 1988 . . . . . . . . . . 664

9. Protocole pour la répression d’actes illicites contre la

sécurité des plateformes fixes situées sur le plateau

continental, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675

10. Convention sur le marquage des explosifs plastiques

et en feuilles aux fins de détection, 1991 . . . . . . . . . . . . 680

11. Convention internationale pour la répression des

attentats terroristes à l’explosif, 1997 . . . . . . . . . . . . . . 689

12. Convention internationale pour la répression du

financement du terrorisme, 1999. . . . . . . . . . . . . . . . . . 701

viii

13. Convention internationale pour la répression des actes

de terrorisme nucléaire, 2005 . . . . . . . . . . . . . . . . . . . . 717

14. Amendement à la Convention sur la protection

physique des matières nucléaires, 2005 . . . . . . . . . . . . . 732

15. Protocole de 2005 relatif à la Convention pour la

répression d’actes illicites contre la sécurité de la

navigation maritime, 2005 . . . . . . . . . . . . . . . . . . . . . . 744

16. Protocole de 2005 relatif au Protocole pour la répression

d’actes illicites contre la sécurité des plates-formes

fixes situées sur le plateau continental, 2005 . . . . . . . . . 769

III. Autres instruments internationaux . . . . . . . . . . . . . . . . . . . . . . . 776

a) Instruments de lutte contre la criminalité transnationale

organisée, la corruption et la drogue . . . . . . . . . . . . . . . . . . 776

1. Convention unique sur les stupéfiants de 1961, telle que

modifiée par le Protocole portant amendement de la

Convention unique sur les stupéfiants de 1961, 1975 . . . 776

2. Convention sur les substances psychotropes, 1971 . . . . . 817

3. Convention des Nations Unies contre le trafic illicite

de stupéfiants et de substances psychotropes, 1988 . . . . 844

4. Convention des Nations Unies contre la criminalité

transnationale organisée, 2000 . . . . . . . . . . . . . . . . . . . 879

5. Protocole visant à prévenir, réprimer et punir la traite

des personnes, en particulier des femmes et des enfants,

additionnel à la Convention des Nations Unies contre la

criminalité transnationale organisée, 2000 . . . . . . . . . . . 915

6. Protocole contre le trafic illicite de migrants par terre,

air, mer, additionnel à la Convention des Nations Unies

contre la criminalité transnationale organisée, 2000 . . . . 927

7. Protocole contre la fabrication et le trafic illicites

d’armes à feu, de leurs pièces, éléments et munitions,

additionnel à la Convention des Nations Unies contre la

criminalité transnationale organisée, 2001 . . . . . . . . . . . 942

8. Convention des Nations Unies contre la corruption, 2003 954

b) Instruments relatifs aux droits de l’homme ....................... 1007

1. Convention relative au statut des réfugiés, 1951 . . . . . . 1007

2. Pacte international relatif aux droits civils et

politiques, 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1025

3. Convention contre la torture et autres peines ou

traitements cruels, inhumains ou dégradants, 1984 . . . . 1045

iii

Deuxième partie Instruments régionaux

I. Instruments adoptés par l’Union Africaine (UA) . . . . . . . . . . . . . 1061

1. Convention de l’Organisation de l’Unité Africaine sur la

prévention et la lutte contre le terrorisme, 1999 . . . . . . 1061

2. Convention de l’Union Africaine sur la prévention et la

lutte contre la corruption, 2003 . . . . . . . . . . . . . . . . . . 1074

3. Protocole à la Convention de l’Organisation de l’Unité

Africaine sur la prévention et la lutte contre le

terrorisme, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1091

II. Instruments adoptés par la Communauté Economique des Etats

de l’Afrique de l’Ouest (CEDEAO) . . . . . . . . . . . . . . . . . . . . . . . 1099

1. Convention relative à l’entraide judiciaire en matière

pénale, 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1099

2. Convention d’extradition, 1994 . . . . . . . . . . . . . . . . . . . 1115

3. Protocole sur la lutte contre la corruption, 2001 . . . . . . 1129

III. Instruments adoptés par l’Union Economique et Monétaire

Ouest Africaine (UEMOA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1145

1. Directive n°07/2002/CM/UEMOA relative à la lutte

contre le blanchiment de capitaux, 2002 . . . . . . . . . . . . 1145

2. Règlement n°14/2002/CM/UEMOA relatif au gel des

fonds et autres ressources financières dans le cadre de

la lutte contre le financement du terrorisme, 2002 . . . . 1168

3. Directive n°04/2007/CM/UEMOA relative à la lutte

contre le financement du terrorisme, 2007 . . . . . . . . . . 1173

Troisième partie Autres instruments applicables dans la région

I. Autres instruments régionaux . . . . . . . . . . . . . . . . . . . . . . . . 1193


justice, 1961 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1193

2. Convention relative à la coopération en matière

judiciaire entre les Etats membres de l’Accord de

non-agression et d’assistance en matière de défense

(ANAD), 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1212

3. Convention de coopération et d’entraide en matière

de justice entre les Etats membres du Conseil de

l’Entente, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231

4. Convention de l’Organisation de la Conférence islamique

pour combattre le terrorisme international, 1999 . . . . . . 1253

x

5. Convention d’entraide judiciaire et d’extradition contre

le terrorisme (Convention de Rabat), 2008 . . . . . . . . . . 1271

6. Traité d’extradition entre la République populaire du

Bénin, la République du Ghana, la République fédérale

du Nigeria et la République Togolaise, 1984 . . . . . . . . . . 1299

II. Instruments adoptés par le Commonwealth des Nations . . . . . . . 1305

1. The London Scheme for Extradition within the

Commonwealth (with amendments of 2002) : Le régime

de Londres sur l’extradition au sein du Commonwealth

(avec amendements de 2002) . . . . . . . . . . . . . . . . . . . . 1305

2. The Harare Scheme relating to Mutual Legal Assistance

in Criminal Matters within the Commonwealth (with

amendements of 1990, 2002, and 2005) : Le régime de

Harare relatif à l’entraide judiciaire en matière pénale

au sein du Commonwealth (avec amendements de 1990,

2002, et 2005) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1305


offenders (with amendments of 1990) : Le régime du

Commonwealth pour la restitution des délinquants

fugitifs (avec amendements de 1990) . . . . . . . . . . . . . . 1305

III. Instruments adoptés par la Comunidade dos Países de Língua

Portuguesa (CPLP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1306

1. Convenção de auxílio judiciário em matéria penal entre

os Estados membros da Comunidade dos Países de

Língua Portuguesa : Convention de Coopération

Judiciaire entre les Etats membres de la Communauté

des Pays de Langue Officielle Portugaise (CPLP), 2005 . 1306


Comunidade dos Países de Língua Portuguesa:

Convention d’extradition entre les Etats membres de la

Communauté des Pays de Langue Officielle Portugaise

(CPLP), 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1306



Língua Portuguesa : Convention sur le transfert de

personnes condamnées entre les Etats membres de la

Communauté des Pays de Langue Officielle Portugaise

(CPLP), 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1036

iii

Índice

Parte 1 Instrumentos internacionais

I. Resolução do Conselho de Segurança das Nações Unidas . . . . . . . . . . . 1311

1. Resolução 1373 (2001) do Conselho de Segurança das Nações

Unidas, 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1311

II. Instrumentos universais contra o terrorismo1 . . . . . . . . . . . . . . . . . . . 1315

1. Convenção relativa às Infracções e a Certos Outros Actos

Cometidos a Bordo de Aeronaves, 1963 . . . . . . . . . . . . . . . . . 1315

2. Convenção para a Repressão da Captura Ilícita de

Aeronaves, 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1324

3. Convenção para a Repressão de Actos Ilícitos Contra a

Segurança da Aviação Civil, 1971 . . . . . . . . . . . . . . . . . . . . . . 1330

4. Convenção sobre Prevenção e Repressão de Crimes contra

Pessoas Gozando de Protecção Internacional, inclusive

Agentes Diplomáticos, 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . 1337

5. Convenção Internacional Contra a Tomada de Reféns, 1979 . . . 1344

6. Convenção sobre a Protecção Física dos Materiais

Nucleares, 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1352

7. Protocolo para a Repressão de Actos Ilícitos de Violência nos

Aeroportos ao Serviço da Aviação Civil Internacional, 1988 . . . 1364

8. Convenção para a Supressão de Actos Ilícitos contra a

Segurança da Navegação Marítima, 1988 . . . . . . . . . . . . . . . . 1368

9. Protocolo Adicional para a Supressão de Actos Ilícitos contra a

Segurança das Plataformas Fixas Localizadas na Plataforma

Continental, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1379

10. Convenção sobre a Marcação dos Explosivos Plásticos para

Fins de Detecção, 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1384

11. Convenção Internacional para a Repressão de Atentados

Terroristas à Bomba, 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 1393

__________________

1 A versão dos instrumentos jurídicos 1 a 12 corresponde às versões oficialmente aprovadas por Portugal, após ratificação. Não se trata de uma tradução oficial das Nações Unidas. O texto dos instrumentos 13 a 16 corresponde a tradução não oficial efectuada pelo Gabinete de Relações Internacionais do Ministério da Justiça de Portugal exclusivamente para fins de trabalho. Em caso de dúvida, por favor utilize os textos autênticos nas línguas oficiais da ONU, disponíveis em: https://www.unodc.org/tldb/international_instruments.html .

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12. Convenção Internacional para a Eliminação do Financiamento

do Terrorismo, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1404

13. Convenção Internacional para a Eliminação de Actos de

Terrorismo Nuclear, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . 1420

14. Alteração à Convenção sobre a Protecção Física de Materiais

Nucleares, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1435

15. Protocolo de 2005 à Convenção para a Supressão de Actos

Ilícitos contra a Segurança da Navegação Marítima, 2005 . . . . 1447

16. Protocolo de 2005 ao Protocolo para a Supressão de Actos

Ilícitos contra a Segurança das Plataformas Fixas Localizadas

na Plataforma Continental, 2005 . . . . . . . . . . . . . . . . . . . . . . 1471

III. Outros instrumentos jurídicos internacionais . . . . . . . . . . . . . . . . . . . 1478

a) Single Convention on Narcotic Drugs, 1961, as amended

by the Protocol amending the Single Convention on Narcotic

Drugs, 1961, 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1478

1. Single Convention on Narcotic Drugs, 1961, as amended by

the Protocol amending the Single Convention on Narcotic

Drugs, 1961, 1975 / Convention unique sur les stupéfiants

de 1961, telle que modifiée par le Protocole portant

amendement de la Convention unique sur les stupéfiants

de 1961, 1975: Convenção Única sobre Estupefacientes, 1961,

modificada pelo Protocolo de 1975 Emendando a Convenção

Única de 1961 sobre Estupefacientes . . . . . . . . . . . . . . . . . . . 1478

2. Convention on Psychotropic Substances, 1971 / Convention

sur les substances psychotropes, 1971 : Convenção sobre as

Substâncias Psicotrópicas, 1971 . . . . . . . . . . . . . . . . . . . . . . . 1478

3. United Nations Convention against Illicit Traffic in Narcotic

Drugs and Psychotropic Substances, 1988 / Convention des

Nations Unies contre le trafic illicite de stupéfiants et de

substances psychotropes, 1988 : Convenção das Nações Unidas

Contra o Tráfico Ilícito de Estupefacientes e Substâncias

Psicotrópicas, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1478

4. United Nations Convention against Transnational Organized

Crime, 2000 / Convention des Nations Unies contre la

criminalité transnationale organisée, 2000 : Convenção das

Nações Unidas contra a Criminalidade Organizada

Transnacional, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1478

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5. Protocol to Prevent, Suppress and Punish Trafficking in

Persons, Especially Women and Children, supplementing the

United Nations Convention against Transnational Organized

Crime, 2000 / Protocole additionnel à la Convention des

Nations Unies contre la criminalité transnationale organisée,

visant à prévenir, réprimer et punir la traite des personnes,

en particulier des femmes et des enfants, 2000: Protocolo

relativo ao Tráfico de Pessoas, em especial de Mulheres e

Crianças, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1479

6. Protocol against the Smuggling of Migrants by Land, Sea and

Air, supplementing the United Nations Convention against

Transnational Organized Crime, 2000 / Protocole contre le

trafic illicite de migrants par terre, air, mer, additionnel à

la Convention des Nations Unies contre la criminalité

transnationale organisée, 2000 : Protocolo contra o Tráfico

Ilícito de Migrantes por Via Terrestre, Marítima e

Aérea, 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1479

7. Protocol against the Illicit Manufacturing of and Trafficking

in Firearms, Their Parts and Components and Ammunition,

supplementing the United Nations Convention against

Transnational Organized Crime, 2001 / Protocole contre la

fabrication et le trafic illicites d’armes à feu, de leurs pièces,

éléments et munitions, additionnel à la Convention des

Nations Unies contre la criminalité transnationale

organisée, 2001 : Protocolo contra o Fabrico e o Tráfico

Ilícitos de Armas de Fogo, das suas Partes, Componentes e

Munições, 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1479

8. United Nations Convention against Corruption, 2003 /

Convention des Nations Unies contre la corruption, 2003 :

Convenção das Nações Unidas contra a Corrupção, 2003 . . . . . 1479

b) Instrumentos relativos aos direitos humanos . . . . . . . . . . . . . . . . . 1480

1. Convenção Relativa ao Estatuto dos Refugiados, 1951 . . . . . . . 1480

2. Pacto Internacional sobre os Direitos Civis e Políticos, 1966 . . 1498

3. Convenção Contra a Tortura e Outras Penas ou Tratamentos

Cruéis, Desumanos ou Degradantes, 1984 . . . . . . . . . . . . . . . . 1518

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Parte 2 Instrumentos regionais

I. Instrumentos adoptados pela União Africana (AU) . . . . . . . . . . . . . . . . 1537

1. Organization of African Unity (OAU) Convention on the

Prevention and Combating of Terrorism, 1999 / Convention

de l’Organisation de l’Unité Africaine sur la prévention et la

lutte contre le terrorisme, 1999 : Convenção da OUA sobre a

Prevenção e o Combate ao Terrorismo, 1999 . . . . . . . . . . . . . 1537

2. African Union Convention on Preventing and Combating

Corruption, 2003 / Convention de l’Union Africaine sur la

prévention et la lutte contre la corruption, 2003: Convenção

da União Africana sobre a Prevenção e o Combate à

Corrupção, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1537

3. Protocol to the Organization of African Union Convention on

the Prevention and Combating of Terrorism, 2004 /

Protocole à la Convention de l’Organisation de l’Unité

Africaine sur la prévention et la lutte contre le

terrorisme, 2004: Protocolo à Convenção da OUA sobre a

Prevenção e o Combate ao Terrorismo, 2004 . . . . . . . . . . . . . 1537

II. Instrumentos adoptados pela Comunidade Económica dos Estados da

África Ocidental (CEDEAO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1538

1. Convention on Mutual Assistance in Criminal Matters, 1992 /

Convention relative à l’entraide judiciaire en matière pénale,

1992 : Convenção sobre Auxílio Recíproco em Matéria Penal,

1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1538

2. Convention on Extradition, 1994 / Convention

d’extradition, 1994 : Convenção sobre a Extradição, 1994 . . . 1538

3. Protocol on the Fight Against Corruption, 2001 / Protocole

sur la lutte contre la corruption, 2001 : Protocolo Adicional

sobre o Combate à Corrupção, 2001 . . . . . . . . . . . . . . . . . . . 1538

III. Instrumentos adoptados pela União Económica e Monetária do Oeste

Africano (UEMOA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1539

1. Directive n°07/2002/CM/UEMOA relative à la lutte contre le

blanchiment de capitaux, 2002 : Directiva relativa ao

combate do branqueamento de capitais, 2002 . . . . . . . . . . . . 1539

iii

2. Règlement n°14/2002/CM/UEMOA relatif au gel des fonds et

autres ressources financières dans le cadre de la lutte contre

le financement du terrorisme, 2002 : Regulamento relativo

ao congelamento de fundos e outros recursos financeiros no

quadro da lutacontra o financiamento do terrorismo, 2002 . . 1539

3. Directive n°04/2007/CM/UEMOA relative à la lutte contre le

financement du terrorisme, 2007 : Directiva relativa à luta

contra o financiamento do terrorismo, 2007 . . . . . . . . . . . . . 1539

Parte 3 Outros intrumentos aplicáveis

I. Outros instrumentos regionais . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543


justice, 1961 : Convenção geral de cooperação em matéria de

justiça, 1961 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543

2. Convention relative à la coopération en matière judiciaire

entre les Etats membres de l’Accord de non-agression et

d’assistance en matière de défense (ANAD), 1987 : Convenção

relativa à cooperação em matéria judiciária

entre os Estados Membros do Pacto de Não-Agressão e de

Assistência em Matéria de Defesa (ANAD), 1987 . . . . . . . . . . . 1543

3. Convention de coopération et d’entraide en matière de

justice entre les Etats membres du Conseil de

l’Entente, 1997 : Convenção sobre cooperação e auxílio

recíproco em matéria de justiça entre os Estados Membros

do Conselho da Entente, 1997 . . . . . . . . . . . . . . . . . . . . . . . . 1543

4. Convention of the Organization of the Islamic Conference on

Combating International Terrorism, 1999 / Convention de

l’Organisation de la Conférence islamique pour combattre le

terrorisme international, 1999: Convenção da Organização da

Conferência Islâmica sobre o Combate ao Terrorismo, 1999 . . 1543

5. Convention on Extradition and Mutual Legal Assistance in

Counter-terrorism (Rabat Convention), 2008 / Convention

d’entraide judiciaire et d’extradition contre le terrorisme

(Convention de Rabat), 2008 : Convenção sobre

Extradição e Auxílio Jurídico Recíproco em matéria de

contra-terrorismo, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1544

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6. Traité d’extradition entre la République Populaire du Bénin,

la République du Ghana, la République Fédérale du Nigeria et

la République Togolaise, 1984 : Acordo de extradição entre a

República Popular do Benin, a República de Gana, a

República Federal da Nigéria e a República Togolesa, 1984 . . . 1544

II. Instrumentos adoptados pelo Commonwealth Secretariat . . . . . . . . . . 1545

1. The London Scheme for Extradition within the

Commonwealth (with amendments of 2002): Esquema de

London relativo à Extradição no quadro da Commonwealth . . 1545

2. The Harare Scheme relating to Mutual Legal Assistance in

Criminal Matters within the Commonwealth (with

amendments of 1990, 2002, and 2005): Esquema de Harare

relativo à Assistência Jurídica Recíproca em Matéria Penal no

quadro da Commonwealth . . . . . . . . . . . . . . . . . . . . . . . . . . 1545


offenders (with amendments of 1990): Esquema sobre a

entrega de fugitivos no quadro da Commonwealth . . . . . . . . . 1545

III. Instrumentos adoptados por a Comunidade dos Países de Língua

Portuguesa (CPLP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546

1. Convenção de Auxílio Judiciário em Matéria Penal entre os

Estados membros da Comunidade dos Países de Língua

Portuguesa (CPLP), 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546


Comunidade dos Países de Língua Portuguesa (CPLP), 2005 . . . 1558



Língua Portuguesa (CPLP), 2005 . . . . . . . . . . . . . . . . . . . . . . 1569

Compendium of bilateral, regional and international

instruments on extradition and mutual legal assistance

(ECOWAS Member States)

Volume 2

Part 1

International instruments

Part 1. International instruments

5

I. Resolution adopted by the United Nations Security Council

1. United Nations Security Council Resolution 1373, 2001

Adopted by the Security Council at its 4385th meeting, on 28 September 2001

The Security Council,

Reaffirming its resolutions 1269 (1999) of 19 October 1999 and 1368 (2001) of 12 September 2001,

Reaffirming also its unequivocal condemnation of the terrorist attacks which took place in New York, Washington, D.C. and Pennsylvania on 11 September 2001, and expressing its determination to prevent all such acts,

Reaffirming further that such acts, like any act of international terrorism, constitute a threat to international peace and security,

Reaffirming the inherent right of individual or collective self-defence as recognized by the Charter of the United Nations as reiterated in resolution 1368 (2001),

Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,

Deeply concerned by the increase, in various regions of the world, of acts of terrorism motivated by intolerance or extremism,

Calling on States to work together urgently to prevent and suppress terrorist acts, including through increased cooperation and full implementation of the relevant international conventions relating to terrorism,

Recognizing the need for States to complement international cooperation by taking additional measures to prevent and suppress, in their territories through all lawful means, the financing and preparation of any acts of terrorism,

Reaffirming the principle established by the General Assembly in its declaration of October 1970 (resolution 2625 (XXV)) and reiterated by the Security Council in its resolution 1189 (1998) of 13 August 1998, namely that every State has the duty to refrain from organizing, instigating, assisting or participating in terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts,

Acting under Chapter VII of the Charter of the United Nations,

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1. Decides that all States shall:

(a) Prevent and suppress the financing of terrorist acts;

(b) Criminalize the wilful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist acts;

(c) Freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities;

(d) Prohibit their nationals or any persons and entities within their territories from making any funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of persons who commit or attempt to commit or facilitate or participate in the commission of terrorist acts, of entities owned or controlled, directly or indirectly, by such persons and of persons and entities acting on behalf of or at the direction of such persons;

2. Decides also that all States shall:

(a) Refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists;

(b) Take the necessary steps to prevent the commission of terrorist acts, including by provision of early warning to other States by exchange of information;

(c) Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens;

(d) Prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other States or their citizens;

(e) Ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice and ensure that, in addition to any other measures against them, such terrorist acts are established as serious criminal offences in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts;


7

(f) Afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings;

(g) Prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents;

3. Calls upon all States to:

(a) Find ways of intensifying and accelerating the exchange of operational information, especially regarding actions or movements of terrorist persons or networks; forged or falsified travel documents; traffic in arms, explosives or sensitive materials; use of communications technologies by terrorist groups; and the threat posed by the possession of weapons of mass destruction by terrorist groups;

(b) Exchange information in accordance with international and domestic law and cooperate on administrative and judicial matters to prevent the commission of terrorist acts;

(c) Cooperate, particularly through bilateral and multilateral arrangements and agreements, to prevent and suppress terrorist attacks and take action against perpetrators of such acts;

(d) Become parties as soon as possible to the relevant international conventions and protocols relating to terrorism, including the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999;

(e) Increase cooperation and fully implement the relevant international conventions and protocols relating to terrorism and Security Council resolutions 1269 (1999) and 1368 (2001);

(f) Take appropriate measures in conformity with the relevant provisions of national and international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum-seeker has not planned, facilitated or participated in the commission of terrorist acts;

(g) Ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists;

4. Notes with concern the close connection between international terrorism and transnational organized crime, illicit drugs, money-laundering, illegal arms-trafficking, and illegal movement of nuclear, chemical, biological and other potentially deadly materials, and in this regard emphasizes the need to enhance coordination of efforts on national,

Compendium

8

subregional, regional and international levels in order to strengthen a global response to this serious challenge and threat to international security;

5. Declares that acts, methods, and practices of terrorism are contrary to the purposes and principles of the United Nations and that knowingly financing, planning and incitingterrorist acts are also contrary to the purposes and principles of the United Nations;

6. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council, consisting of all the members of the Council, to monitor implementation of this resolution, with the assistance of appropriate expertise, and calls upon all States to report to the Committee, no later than 90 days from the date of adoption of this resolution and thereafter according to a timetable to be proposed by the Committee, on the steps they have taken to implement this resolution;

7. Directs the Committee to delineate its tasks, submit a work programme within 30 days of the adoption of this resolution, and to consider the support it requires, in consultation with the Secretary-General;

8. Expresses its determination to take all necessary steps in order to ensure the full implementation of this resolution, in accordance with its responsibilities under the Charter;

9. Decides to remain seized of this matter.


9

II. The universal instruments against terrorism

1. Convention on Offences and Certain Other Acts Committed on Board Aircraft, 1963

Signed at Tokyo on 14 September 1963 In force on 4 December 1969 United Nations, Treaty Series, vol. 704, No. 10106 Depositary: International Civil Aviation Organization

Chapter I. Scope of the Convention

Article 1

1. This Convention shall apply in respect of:

(a) offences against penal law;

(b) acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.

2. Except as provided in Chapter III, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a Contracting State, while that aircraft is in flight or on the surface of the high seas or of any other area outside the territory of any State.

3. For the purposes of this Convention, an aircraft is considered to be in flight from the moment when power is applied for the purpose of take-off until the moment when the landing run ends.

4. This Convention shall not apply to aircraft used in military, customs or police services.

Article 2

Without prejudice to the provisions of Article 4 and except when the safety of the aircraft or of persons or property on board so requires, no provision of this Convention shall be interpreted as authorizing or requiring any action in respect of offences against penal laws of a political nature or those based on racial or religious discrimination.

Compendium

10

Chapter II. Jurisdiction

Article 3

1. The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.

2. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registration over offences committed on board aircraft registered in such State.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 4

A Contracting State which is not the State of registration may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board except in the following cases:

(a) the offence has effect on the territory of such State;

(b) the offence has been committed by or against a national or permanent resident of such State;

(c) the offence is against the security of such State;

(d) the offence consists of a breach of any rules or regulations relating to the flight or manoevre of aircraft in force in such State;

(e) the exercise of jurisdiction is necessary to ensure the observance of any obligation of such State under a multilateral international agreement.

Chapter III. Powers of the aircraft commander

Article 5

1. The provisions of this Chapter shall not apply to offences and acts committed or about to be committed by a person on board an aircraft in flight in the airspace of the State of registration or over the high seas or any other area outside the territory of any State unless the last point of take-off or the next point of intended landing is situated in a State other than that of registration, or the aircraft subsequently flies in the airspace of a State other than that of registration with such person still on board.


11

2. Notwithstanding the provisions of Article 1, paragraph 3, an aircraft shall for the purposes of this Chapter, be considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the provisions of this Chapter shall continue to apply with respect to offences and acts committed on board until competent authorities of a State take over the responsibility for the aircraft and for the persons and property on board.

Article 6

1. The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an offence or act contemplated in Article 1, paragraph 1, impose upon such person reasonable measures including restraint which are necessary:

(a) to protect the safety of the aircraft, or of persons or property therein; or

(b) to maintain good order and discipline on board; or

(c) to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of this Chapter.

2. The aircraft commander may require or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of passengers to restrain any person whom he is entitled to restrain. Any crew member or passenger may also take reasonable preventive measures without such authorization when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein.

Article 7

1. Measures of restraint imposed upon a person in accordance with Article 6 shall not be continued beyond any point at which the aircraft lands unless:

(a) such point is in the territory of a non-Contracting State and its authorities refuse to permit disembarkation of that person or those measures have been imposed in accordance with Article 6, paragraph 1(c) in order to enable his delivery to competent authorities;

(b) the aircraft makes a forced landing and the aircraft commander is unable to deliver that person to competent authorities; or

(c) that person agrees to onward carriage under restraint.

2. The aircraft commander shall as soon as practicable, and if possible before landing in the territory of a State with a person on board who has been placed under restraint in

Compendium

12

accordance with the provisions of Article 6, notify the authorities of such State of the fact that a person on board is under restraint and of the reasons for such restraint.

Article 8

1. The aircraft commander may, in so far as it is necessary for the purpose of subparagraph (a) or (b) or paragraph 1 of Article 6, disembark in the territory of any State in which the aircraft lands any person who he has reasonable grounds to believe has committed, or is about to commit, on board the aircraft an act contemplated in Article 1, paragraph 1(b).

2. The aircraft commander shall report to the authorities of the State in which hedisembarks any person pursuant to this Article, the fact of, and the reasons for, such disembarkation.

Article 9

1. The aircraft commander may deliver to the competent authorities of any Contracting State in the territory of which the aircraft lands any person who he has reasonable grounds to believe has committed on board the aircraft an act which, in his opinion, is a serious offence according to the penal law of the State of registration of the aircraft.

2. The aircraft commander shall as soon as practicable and if possible before landing in the territory of a Contracting State with a person on board whom the aircraft commander intends to deliver in accordance with the preceding paragraph, notify the authorities of such State of his intention to deliver such person and the reasons therefore.

3. The aircraft commander shall furnish the authorities to whom any suspected offender is delivered in accordance with the provisions of this Article with evidence and information which, under the law of the State of registration of the aircraft, are lawfully in his possession.

Article 10

For actions taken in accordance with this Convention, neither the aircraft commander, any other member of the crew, any passenger, the owner or operator of the aircraft, nor the person on whose behalf the flight was performed shall be held responsible in any proceeding on account of the treatment undergone by the person against whom the actions were taken.

Chapter IV. Unlawful seizure of aircraft

Article 11

1. When a person on board has unlawfully committed by force or threat thereof an act of interference, seizure, or other wrongful exercise of control of an aircraft in flight or when such an act is about to be committed, Contracting States shall take all appropriate measures


13

to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft.

2. In the cases contemplated in the preceding paragraph, the Contracting State in which the aircraft lands shall permit its passengers and crew to continue their journey as soon as practicable, and shall return the aircraft and its cargo to the persons lawfully entitled to possession.

Chapter V. Powers and duties of states

Article 12

Any Contracting State shall allow the commander of an aircraft registered in another Contracting State to disembark any person pursuant to Article 8, paragraph 1.

Article 13

1. Any Contracting State shall take delivery of any person whom the aircraft commander delivers pursuant to Article 9, paragraph 1.

2. Upon being satisfied that the circumstances so warrant, any Contracting State shall take custody or other measures to ensure the presence of any person suspected of an act contemplated in Article 11, paragraph 1 and of any person of whom it has taken delivery. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is reasonably necessary to enable any criminal or extradition proceedings to be instituted.

3. Any person in custody pursuant to the previous paragraph shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.

4. Any Contracting State, to which a person is delivered pursuant to Article 9, paragraph 1, or in whose territory an aircraft lands following the commission of an act contemplated in Article 11, paragraph 1, shall immediately make a preliminary enquiry into the facts.

5. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the State of registration of the aircraft and the State of nationality of the detained person and, if it considers it advisable, any other interested State of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 4 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Compendium

14

Article 14

1. When any person has been disembarked in accordance with Article 8, paragraph 1, or delivered in accordance with Article 9, paragraph 1, or has disembarked after committing an act contemplated in Article 11, paragraph 1, and when such person cannot or does not desire to continue his journey and the State of landing refuses to admit him, that State may, if the person in question is not a national or permanent resident of that State, return him to the territory of the State of which he is a national or permanent resident or to the territory of the State in which he began his journey by air.

2. Neither disembarkation, nor delivery, not the taking of custody or other measures contemplated in Article 13, paragraph 2, nor return of the person concerned, shall be considered as admission to the territory of the Contracting State concerned for the purpose of its law relating to entry or admission of persons and nothing in this Convention shall affect the law of a Contracting State relating to the expulsion of persons from its territory.

Article 15

1. Without prejudice to Article 14, any person who has been disembarked in accordance with Article 8, paragraph 1, or delivered in accordance with Article 9, paragraph 1, or has disembarked after committing an act contemplated in Article 11, paragraph 1, and who desires to continue his journey shall be at liberty as soon as practicable to proceed to any destination of his choice unless his presence is required by the law of the State of landing for the purpose of extradition or criminal proceedings.

2. Without prejudice to its law as to entry and admission to, and extradition and expulsion from its territory, a Contracting State in whose territory a person has been disembarked in accordance with Article 8, paragraph 1, or delivered in accordance with Article 9, paragraph 1 or has disembarked and is suspected of having committed an act contemplated in Article 11, paragraph 1, shall accord to such person treatment which is no less favorable for his protection and security than that accorded to nationals of such Contracting State in like circumstances.

Chapter VI. Other provisions

Article 16

1. Offences committed on aircraft registered in a Contracting State shall be treated, for the purpose of extradition, as if they had been committed not only in the place in which they have occurred but also in the territory of the State of registration of the aircraft.

2. Without prejudice to the provisions of the preceding paragraph, nothing in this Convention shall be deemed to create an obligation to grant extradition.


15

Article 17

In taking any measures for investigation or arrest or otherwise exercising jurisdiction in connection with any offence committed on board an aircraft the Contracting States shall pay due regard to the safety and other interests of air navigation and shall so act as to avoid unnecessary delay of the aircraft, passengers, crew or cargo.

Article 18

If Contracting States establish joint air transport operating organizations or international operating agencies, which operate aircraft not registered in any one State those States shall, according to the circumstances of the case, designate the State among them which, for the purposes of this Convention, shall be considered as the State of registration and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Chapter VII. Final clauses

Article 19

Until the date on which this Convention comes into force in accordance with the provisions of Article 21, it shall remain open for signature on behalf of any State which at that date is a Member of the United Nations or of any of the Specialized Agencies.

Article 20

1. This Convention shall be subject to ratification by the signatory States in accordance with their constitutional procedures.

2. The instruments of ratification shall be deposited with the International Civil Aviation Organization.

Article 21

1. As soon as twelve of the signatory States have deposited their instruments of ratification of this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the twelfth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.

2. As soon as this Convention comes into force, it shall be registered with the Secretary-General of the United Nations by the International Civil Aviation Organization.

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Article 22

1. This Convention shall, after it has come into force, be open for accession by any State Member of the United Nations or of any of the Specialized Agencies.

2. The accession of a State shall be effected by the deposit of an instrument of accession with the International Civil Aviation Organization and shall take effect on the ninetieth day after the date of such deposit.

Article 23

1. Any Contracting State may denounce this Convention by notification addressed to the International Civil Aviation Organization.

2. Denunciation shall take effect six months after the date of receipt by the International Civil Aviation Organization of the notification of denunciation.

Article 24

1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention, which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other Contracting States shall not be bound by the preceding paragraph with respect to any Contracting State having made such a reservation.

3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the International Civil Aviation Organization.

Article 25

Except as provided in Article 24 no reservation may be made to this Convention.

Article 26

The International Civil Aviation Organization shall give notice to all States Members of the United Nations or of any of the Specialized Agencies:

(a) of any signature of this Convention and the date thereof;


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(b) of the deposit of any instrument of ratification or accession and the date thereof;

(c) of the date on which this Convention comes into force in accordance with Article 21, paragraph 1;

(d) of the receipt of any notification of denunciation and the date thereof; and

(e) of the receipt of any declaration or notification made under Article 24 and the date thereof.

In witness whereof the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.

Done at Tokyo on the fourteenth day of September One Thousand Nine Hundred and Sixty-three in three authentic texts drawn up in the English, French and Spanish languages.

This Convention shall be deposited with the International Civil Aviation Organization with which, in accordance with Article 19, it shall remain open for signature and the said Organization shall send certified copies thereof to all States Members of the United Nations or of any Specialized Agency.

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2. Convention for the Suppression of Unlawful Seizure of Aircraft, 1970

Signed at The Hague on 16 December 1970 In force on 14 October 1971 United Nations, Treaty Series, vol. 860, No. 12325 Depositary: Russian Federation, United Kingdom of Great Britain and Northern Ireland

and the United States of America The States Parties to this Convention,

Considering that unlawful acts of seizure or exercise of control of aircraft in flight jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

Considering that the occurrence of such acts is a matter of grave concern;

Considering that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

Have agreed as follows:

Article 1

Any person who on board an aircraft in flight:

(a) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act, or

(b) is an accomplice of a person who performs or attempts to perform any such act commits an offence (hereinafter referred to as "the offence").

Article 2

Each Contracting State undertakes to make the offence punishable by severe penalties.

Article 3

1. For the purposes of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.



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3. This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is situated outside the territory of the State of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.

4. In the cases mentioned in Article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same State where that State is one of those referred to in that Article.

5. Notwithstanding paragraphs 3 and 4 of this Article, Articles 6, 7, 8, and 10 shall apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a State other than the State of registration of that aircraft.

Article 4

1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence, in the following cases:

(a) when the offence is committed on board an aircraft registered in that State;

(b) when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;

(c) when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.


Article 5

The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the

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International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Article 6

1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary enquiry into the facts.

3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.

4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the State of registration of the aircraft, the State mentioned in Article 4, paragraph 1(c), the State of nationality of the detained person and, if it considers it advisable, any other interested States of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7

The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

Article 8

1. The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them.

2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested State.


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3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offence as an extraditable offence between themselves subject to the conditions provided by the law of the requested State.

4. The offence shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 4, paragraph 1.

Article 9

1. When any of the acts mentioned in Article 1(a) has occurred or is about to occur, Contracting States shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft.

2. In the cases contemplated by the preceding paragraph, any Contracting State in which the aircraft or its passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

Article 10

1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 11

Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning:

(a) the circumstances of the offence;

(b) the action taken pursuant to Article 9;

(c) the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings.

Compendium

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Article 12

1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.


3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments.

Article 13

1. This Convention shall be open for signature at The Hague on 16 December 1970, by States participating in the International Conference on Air Law held at The Hague from 1 to 16 December 1970 (hereinafter referred to as The Hague Conference). After 31 December 1970, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments.

3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in The Hague Conference.

4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.


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6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

Article 14

1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments.

2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments.

In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Convention.

Done at The Hague, this sixteenth day of December, one thousand nine hundred and seventy, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.

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3. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971

Signed at Montreal on 23 September 1971 In force on 26 January 1973 United Nations, Treaty Series, vol. 974, No. 14118 Depositary: United States of America, Russian Federation, United Kingdom of Great

Britain and Northern Ireland.

The States Parties to the Convention

Considering that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation;

Considering that the occurrence of such acts is a matter of grave concern;

Considering that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;


Article 1

1. Any person commits an offence if he unlawfully and intentionally:

(a) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

(b) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

(c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

(d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

(e) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.


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2. Any person also commits an offence if he:

(a) attempts to commit any of the offences mentioned in paragraph 1 of this Article; or

(b) is an accomplice of a person who commits or attempts to commit any such offence.

Article 2

For the purposes of this Convention:

(a) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

(b) an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article.

Article 3

Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties.

Article 4


2. In the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall apply, irrespective of whether the aircraft is engaged in an international or domestic flight, only if:

(a) the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the State of registration of that aircraft; or

(b) the offence is committed in the territory of a State other than the State of registration of the aircraft.

3. Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply

Compendium

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if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft.

4. With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this Article are situated within the territory of the same State where that State is one of those referred to in Article 9 unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State.

5. In the cases contemplated in subparagraph (d) of paragraph 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation.

6. The provisions of paragraphs 2, 3, 4 and 5 of this Article shall also apply in the cases contemplated in paragraph 2 of Article 1.

Article 5

1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases:

(a) when the offence is committed in the territory of that State;

(b) when the offence is committed against or on board an aircraft registered in that State;

(c) when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;

(d) when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, in that State.

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 (a), (b) and

(c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.



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Article 6

1. Upon being satisfied that the circumstances so warrant, any Contracting State in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary enquiry into the facts.

3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national.

4. When a State, pursuant to this Article, has taken a person into custody, it shall immediately notify the States mentioned in Article 5, paragraph 1, the State of nationality of the detained person and, if it considers it advisable, any other interested State of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary enquiry contemplated in paragraph 2 of this Article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7

The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

Article 8

1. The offences shall be deemed to be included as extraditable offences in any extradition treaty existing between Contracting States. Contracting States undertake to include the offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. Contracting States which do not make extradition conditional on the existence of a treaty shall recognize the offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

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4. Each of the offences shall be treated, for the purpose of extradition between Contracting States, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with Article 5, paragraph 1 (b), (c) and (d).

Article 9

The Contracting States which establish joint air transport operating organizations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention.

Article 10

1. Contracting States shall, in accordance with international and national law, endeavour to take all practicable measure for the purpose of preventing the offences mentioned in Article 1.

2. When, due to the commission of one of the offences mentioned in Article 1, a flight has been delayed or interrupted, any Contracting State in whose territory the aircraft or passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

Article 11

1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences. The law of the State requested shall apply in all cases.

2. The provisions of paragraph 1 of this Article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 12

Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1.


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Article 13

Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning:


(b) the action taken pursuant to Article 10, paragraph 2;

(c) the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings.

Article 14

1. Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.


3. Any Contracting State having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments.

Article 15

1. This Convention shall be open for signature at Montreal on 23 September 1971, by States participating in the International Conference on Air Law held at Montreal from 8 to 23 September 1971 (hereinafter referred to as the Montreal Conference). After 10 October 1971, the Convention shall be open to all States for signature in Moscow, London and Washington. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Convention shall be subject to ratification by the signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, which are hereby designated the Depositary Governments.

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3. This Convention shall enter into force thirty days following the date of the deposit of instruments of ratification by ten States signatory to this Convention which participated in the Montreal Conference.

4. For other States, this Convention shall enter into force on the date of entry into force of this Convention in accordance with paragraph 3 of this Article, or thirty days following the date of deposit of their instruments of ratification or accession, whichever is later.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Convention, and other notices.

6. As soon as this Convention comes into force, it shall be registered by the Depositary Governments pursuant to Article 102 of the Convention on International Civil Aviation (Chicago, 1944).

Article 16

1. Any Contracting State may denounce this Convention by written notification to the Depositary Governments.

2. Denunciation shall take effect six months following the date on which notification is received by the Depositary Governments.


Done at Montreal, this twenty-third day of September, one thousand nine hundred and seventy-one, in three originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.


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4. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973

Adopted by the General Assembly of the United Nations on 14 December 1973 In force on 20 February 1977 United Nations, Treaty Series, vol. 1035, No. 15410 Depositary: Secretary-General of the United Nations

The States Parties to this Convention,

Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and co-operation among States,

Considering that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations which are necessary for co-operation among States,

Believing that the commission of such crimes is a matter of grave concern to the international community,

Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention and punishment of such crimes,


Article 1


1. "internationally protected person" means:

(a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him;

(b) any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household;

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2. "alleged offender" means a person as to whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the crimes set forth in article 2.

Article 2

1. The intentional commission of:

(a) a murder, kidnapping or other attack upon the person or liberty of an internationally protected person;

(b) a violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger his person or liberty;

(c) a threat to commit any such attack;

(d) an attempt to commit any such attack; and

(e) an act constituting participation as an accomplice in any such attack shall be made by each State Party a crime under its internal law.

2. Each State Party shall make these crimes punishable by appropriate penalties which take into account their grave nature.

3. Paragraphs 1 and 2 of this article in no way derogate from the obligations of States Parties under international law to take all appropriate measures to prevent other attacks on the person, freedom or dignity of an internationally protected person.

Article 3

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set forth in article 2 in the following cases:

(a) when the crime is committed in the territory of that State or on board a ship or aircraft registered in that State;

(b) when the alleged offender is a national of that State;

(c) when the crime is committed against an internationally protected person as defined in article 1 who enjoys his status as such by virtue of functions which he exercises on behalf of that State.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory


33

and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 4

States Parties shall co-operate in the prevention of the crimes set forth in article 2, particularly by:

(a) taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories;

(b) exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.

Article 5

1. The State Party in which any of the crimes set forth in article 2 has been committed shall, if it has reason to believe that an alleged offender has fled from its territory, communicate to all other States concerned, directly or through the Secretary-General of the United Nations, all the pertinent facts regarding the crime committed and all available information regarding the identity of the alleged offender.

2. Whenever any of the crimes set forth in article 2 has been committed against an internationally protected person, any State Party which has information concerning the victim and the circumstances of the crime shall endeavour to transmit it, under the conditions provided for in its internal law, fully and promptly to the State Party on whose behalf he was exercising his functions.

Article 6

1. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its internal law so as to ensure his presence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary-General of the United Nations to:

(a) the State where the crime was committed;

(b) the State or States of which the alleged offender is a national or, if he is a stateless person, in whose territory he permanently resides;

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(c) the State or States of which the internationally protected person concerned is a national or on whose behalf he was exercising his functions;

(d) all other States concerned; and

(e) the international organization of which the internationally protected person concerned is an official or an agent.

2. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:

(a) to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person, which he requests and which is willing to protect his rights, and

(b) to be visited by a representative of that State.

Article 7

The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

Article 8

1. To the extent that the crimes set forth in article 2 are not listed as extraditable offences in any extradition treaty existing between States Parties, they shall be deemed to be included as such therein. States Parties undertake to include those crimes as extraditable offences in every future extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may, if it decides to extradite, consider this Convention as the legal basis for extradition in respect of those crimes. Extradition shall be subject to the procedural provisions and the other conditions of the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those crimes as extraditable offences between themselves subject to the procedural provisions and the other conditions of the law of the requested State.

4. Each of the crimes shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 3.


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Article 9

Any person regarding whom proceedings are being carried out in connection with any of the crimes set forth in article 2 shall be guaranteed fair treatment at all stages of the proceedings.

Article 10

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the crimes set forth in article 2, including the supply of all evidence at their disposal necessary for the proceedings.

2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.

Article 11

The State Party where an alleged offender is prosecuted shall communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Article 12

The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this Convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those Treaties.

Article 13

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State Party may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation.

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3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 14

This Convention shall be open for signature by all States, until 31 December 1974 at United Nations Headquarters in New York.

Article 15

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 16

This Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary- General of the United Nations.

Article 17

1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.

2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article 18

1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.

2. Denunciation shall take effect six months following the date on which notification is received by the Secretary-General of the United Nations.

Article 19

The Secretary-General of the United Nations shall inform all States, inter alia:

(a) of signatures to this Convention, of the deposit of instruments of ratification or accession in accordance with articles 14, 15 and 16 and of notifications made under article18.


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(b) of the date on which this Convention will enter into force in accordance with article 17.

Article 20

The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 14 December 1973.

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5. International Convention Against the Taking of Hostages, 1979

Adopted by the General Assembly of the United Nations on 17 December 1979 In force on 3 June 1983 United Nations, Treaty Series, vol. 1316, No. 21931 Depositary: Secretary-General of the United Nations

The State Parties to this Convention,

Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States,

Recognizing in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International

Covenant on Civil and Political Rights,

Reaffirming the principle of equal rights and self-determination of peoples as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, as well as in other relevant resolutions of the General Assembly,

Considering that the taking of hostages is an offence of grave concern to the international community and that, in accordance with the provisions of this Convention, any person committing an act of hostage taking shall either be prosecuted or extradited,

Being convinced that it is urgently necessary to develop international co-operation between States in devising and adopting effective measures for the prevention, prosecution and punishment of all acts of taking of hostages as manifestations of international terrorism,


Article 1

1. Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as the "hostage") in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages ("hostage-taking") within the meaning of this Convention.


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2. Any person who:

(a) attempts to commit an act of hostage-taking, or

(b) participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking likewise commits an offence for the purposes of this Convention.

Article 2

Each State Party shall make the offences set forth in article 1 punishable by appropriate penalties which take into account the grave nature of those offences.

Article 3

1. The State Party in the territory of which the hostage is held by the offender shall take all measures it considers appropriate to ease the situation of the hostage, in particular, to secure his release and, after his release, to facilitate, when relevant, his departure.

2. If any object which the offender has obtained as a result of the taking of hostages comes into the custody of a State Party, that State Party shall return it as soon as possible to the hostage or the third party referred to in article 1, as the case may be, or to the appropriate authorities thereof.

Article 4

States Parties shall co-operate in the prevention of the offences set forth in article 1, particularly by:

(a) taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of acts of taking of hostages;

(b) exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.

Article 5

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in article 1 which are committed:

(a) in its territory or on board a ship or aircraft registered in that State;

(b) by any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in its territory;

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(c) in order to compel that State to do or abstain from doing any act; or

(d) with respect to a hostage who is a national of that State, if that State considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.


Article 6

1. Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the alleged offender is present shall, in accordance with its laws, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. That State Party shall immediately make a preliminary inquiry into the facts.

2. The custody or other measures referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations to:

(a) the State where the offence was committed;

(b) the State against which compulsion has been directed or attempted;

(c) the State of which the natural or juridical person against whom compulsion has been directed or attempted is a national;

(d) the State of which the hostage is a national or in the territory of which he has his habitual residence;

(e) the State of which the alleged offender is a national or, if he is a stateless person, in the territory of which he has his habitual residence;

(f) the international intergovernmental organization against which compulsion has been directed or attempted;

(g) all other States concerned.


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3. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:

(a) to communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence;

(b) to be visited by a representative of that State.

4. The rights referred to in paragraph 3 of this article shall be exercised in conformity with the laws and regulations of the State in the territory of which the alleged offender is present subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 of this article are intended.

5. The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with paragraph 1(b) of article 5 to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

6. The State which makes the preliminary inquiry contemplated in paragraph 1 of this article shall promptly report its findings to the States or organization referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.

Article 7

The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and the international intergovernmental organizations concerned.

Article 8

1. The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.

2. Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 1 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the law of the State in the territory of which he is present.

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Article 9

1. A request for the extradition of an alleged offender, pursuant to this Convention, shall not be granted if the requested State Party has substantial grounds for believing:

(a) that the request for extradition for an offence set forth in article 1 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality, ethnic origin or political opinion; or

(b) that the person's position may be prejudiced:

(i) for any of the reasons mentioned in subparagraph (a) of this paragraph, or

(ii) or the reason that communication with him by the appropriate authorities of the State entitled to exercise rights of protection cannot be effected.

2. With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.

Article 10

1. The offences set forth in article 1 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State may at its option consider this Convention as the legal basis for extradition in respect of the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 1 as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. The offences set forth in article 1 shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 5.


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Article 11

1. States Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of the offences set forth in article

1. including the supply of all evidence at their disposal necessary for the proceedings.

2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.

Article 12

In so far as the Geneva Conventions of 1949 for the protection of war victims or the Additional Protocols to those Conventions are applicable to a particular act of hostage-taking, and in so far as States Parties to this Convention are bound under those conventions to prosecute or hand over the hostage-taker, the present Convention shall not apply to an act of hostage-taking committed in the course of armed conflicts as defined in the Geneva Conventions of 1949 and the Protocols thereto, including armed conflicts mentioned in article 1, paragraph 4, of Additional Protocol I of 1977, in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self- determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.

Article 13

This Convention shall not apply where the offence is committed within a single State, the hostage and the alleged offender are nationals of that State and the alleged offender is found in the territory of that State.

Article 14

Nothing in this Convention shall be construed as justifying the violation of the territorial integrity or political independence of a State in contravention of the Charter of the United Nations.

Article 15

The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those Treaties; but a State Party to this convention may not invoke those Treaties with respect to another State Party to this Convention which is not a party to those treaties.

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Article 16

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State may at the time of signature or ratification of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party which has made such a reservation.

3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General in the United Nations.

Article 17

1. This Convention is open for signature by all States until 31 December 1980 at United Nations Headquarters in New York.

2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. This Convention is open for accession by any State. The instruments of accession shall be deposited with the Secretary- General of the United Nations.

Article 18

1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.

2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article 19



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2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

Article 20

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary General of the United Nations, who shall send certified copies thereof to all States.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 18 December 1979.

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6. Convention on the Physical Protection of Nuclear Material, 1979

Adopted in Vienna (Austria) on 26 October 1979 In force on 8 February 1987 United Nations, Treaty Series, vol. 1456, No. 24631 Depositary: Director General of the International Atomic Energy Agency


Recognizing the right of all States to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the potential benefits to be derived from the peaceful application of nuclear energy,

Convinced of the need for facilitating international co-operation in the peaceful application of nuclear energy,

Desiring to avert the potential dangers posed by the unlawful taking and use of nuclear material.

Convinced that offences relating to nuclear material are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures to ensure the prevention, detection and punishment of such offences,

Aware of the need for international co-operation to establish, in conformity with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material,

Convinced that this Convention should facilitate the safe transfer of nuclear material.

Stressing also the importance of the physical protection of nuclear material in domestic use. storage and transport,

Recognizing the importance of effective physical protection of nuclear material used for military purposes, and understanding that such material is and will continue to be accorded stringent physical protection.


Article 1


(a) "nuclear material" means plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium-233; uranium enriched in the isotopes 235


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or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing;

(b) "uranium enriched in the isotope 235 or 233" means uranium containing the isotopes 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature;

(c) "international nuclear transport" means the carriage of a consignment of nuclear material by any means of transportation intended to go beyond the territory of the State where the shipment originates beginning with the departure from a facility of the shipper in that State and ending with the arrival at a facility of the receiver within the State of ultimate destination.

Article 2

1. This Convention shall apply to nuclear material used for peaceful purposes while in international nuclear transport.

2. With the exception of articles 3 and 4 and paragraph 3 of article 5, this Convention shall also apply to nuclear material used for peaceful purposes while in domestic use, storage and transport.

3. Apart from the commitments expressly undertaken by States Parties in the articles covered by paragraph 2 with respect to nuclear material used for peaceful purposes while in domestic use, storage and transport, nothing in this Convention shall be interpreted as affecting the sovereign rights of a State regarding the domestic use, storage and transport of such nuclear material.

Article 3

Each State Party shall take appropriate steps within the framework of its national law and consistent with international law to ensure as far as practicable that, during international nuclear transport, nuclear material within its territory, or on board a ship or aircraft under its jurisdiction insofar as such ship or aircraft is engaged in the transport to or from that State, is protected at the levels described in Annex 1.

Article 4

1. Each State Party shall not export or authorize the export of nuclear material unless the State Party has received assurances that such material will be protected during the international nuclear transport at the levels described in Annex 1.

2. Each State Party shall not import or authorize the import of nuclear material from a State not party to this Convention unless the State Party has received assurances that such

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material will during the international nuclear transport be protected at the levels described in Annex 1.

3. A State Party shall not allow the transit of its territory by land or internal waterways or through its airports or seaports of nuclear material between States that are not parties to this Convention unless the State Party has received assurances as far as practicable that this nuclear material will be protected during international nuclear transport at the levels described in Annex 1.

4. Each State Party shall apply within the framework of its national law the levels of physical protection described in Annex I to nuclear material being transported from a part of that State to another part of the same State through international waters or airspace.

5. The State Party responsible for receiving assurances that the nuclear material will be protected at the levels described in Annex I according to paragraphs 1 to 3 shall identify and inform in advance States which the nuclear material is expected to transit by land or internal waterways, or whose airports or seaports it is expected to enter.

6. The responsibility for obtaining assurances referred to in paragraph 1 may be transferred, by mutual agreement, to the State Party involved in the transport as the importing State.

7. Nothing in this article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a State, including that over its airspace and territorial sea.

Article 5

1. States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their central authority and point of contact having responsibility for physical protection of nuclear material and for coordinating recovery and response operations in the event of any unauthorized removal, use or alteration of nuclear material or in the event of credible threat thereof.

2. In the case of theft, robbery or any other unlawful taking of nuclear material or of credible threat thereof, States Parties shall, in accordance with their national law, provide co-operation and assistance to the maximum feasible extent in the recovery and protection of such material to any State that so requests. In particular:

(a) each State Party shall take appropriate steps to inform as soon as possible other States, which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof and to inform, where appropriate, international organizations:

(b) as appropriate, the States Parties concerned shall exchange information with each other or international organizations with a view to protecting threatened nuclear material,


49

verifying the integrity of the shipping container, or recovering unlawfully taken nuclear material and shall:

(i) co-ordinate their efforts through diplomatic and other agreed channels:

(ii) render assistance, if requested;

(iii) ensure the return of nuclear material stolen or missing as a consequence of the above-mentioned events. The means of implementation of this co-operation shall be determined by the States Parties concerned.

3. States Parties shall co-operate and consult as appropriate, with each other directly or through international organizations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport.

Article 6

1. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions of this Convention from another State Party or through participation in an activity carried out for the implementation of this Convention. If States Parties provide information to international organizations in confidence, steps shall be taken to ensure that the confidentiality of such information is protected.

2. States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material.

Article 7


(a) an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property;

(b) a theft or robbery of nuclear material;

(c) an embezzlement or fraudulent obtaining of nuclear material;

(d) an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;

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(e) a threat:

(i) to use nuclear material to cause death or serious injury to any person or substantial property damage, or

(ii) to commit an offence described in sub-paragraph (b) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act;

(f) an attempt to commit any offence described in paragraphs (a), (b) or (c); and

(g) an act which constitutes participation in any offence described in paragraphs (a) to (f) shall be made a punishable offence by each State Party under its national law.

2. Each State Party shall make the offences described in this article punishable by appropriate penalties which take into account their grave nature.

Article 8

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 7 in the following cases:

(a) when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;

(b) when the alleged offender is a national of that State.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 11 to any of the States mentioned in paragraph 1.


4. In addition to the States Parties mentioned in paragraphs 1 and 2, each State Party may, consistent with international law, establish its jurisdiction over the offences set forth in article 7 when it is involved in international nuclear transport as the exporting or importing State.

Article 9

Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take appropriate measures, including detention, under its national law to ensure his presence for the purpose of prosecution or extradition.


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Measures taken according to this article shall be notified without delay to the States required to establish jurisdiction pursuant to article 8 and, where appropriate, all other States concerned.

Article 10

The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

Article 11

1. The offences in article 7 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include those offences as extraditable offences in every future extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Each of the offences shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories 1 of article 8.

Article 12

Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 7 shall be guaranteed fair treatment at all stages of the proceedings.

Article 13

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in article 7, including the supply of evidence at their disposal necessary for the proceedings. The law of the State requested shall apply in all cases.

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2. The provisions of paragraph 1 shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 14

1. Each State Party shall inform the depositary of its laws and regulations which give effect to this Convention. The depositary shall communicate such information periodically to all States Parties.

2. The State Party where an alleged offender is prosecuted shall, wherever practicable, first communicate the final outcome of the proceedings to the States directly concerned. The State Party shall also communicate the final outcome to the depositary who shall inform all States.

3. Where an offence involves nuclear material used for peaceful purposes in domestic use, storage or transport, and both the alleged offender and the nuclear material remain in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpreted as requiring that State Party to provide information concerning criminal proceeding arising out of such an offence.

Article 15

The Annexes constitute an integral part of this Convention.

Article 16

1. A conference of States Parties shall be convened by the depositary five years after the entry into force of this Convention to review the implementation of the Convention and its adequacy as concerns the preamble, the whole of the operative part and the annexes in the light of the then prevailing situation.

2. At intervals of not less than five years thereafter, the majority of States Parties may obtain, by submitting a proposal to this effect to the depositary, the convening of further conferences with the same objective.

Article 17

1. In the event of a dispute between two or more States Parties concerning the interpretation or application of this Convention, such States Parties shall consult with a view to the settlement of the dispute by negotiation, or by any other peaceful means of settling disputes acceptable to all parties to the dispute.

2. Any dispute of this character which cannot be settled in the manner prescribed in paragraph 1 shall, at the request of any party to such dispute, be submitted to arbitration or


53

referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In case of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority.

3. Each State Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2, with respect to a State Party which has made a reservation to that procedure.

4. Any State Party which has made a reservation in accordance with paragraph 3 may at any time withdraw that reservation by notification to the depositary.

Article 18

1. This Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York from 3 March 1980 until its entry into force.

2. This Convention is subject to ratification, acceptance or approval by the signatory States.

3. After its entry into force, this Convention will be open for accession by all States.

4. (a) This Convention shall be open for signature or accession by international organizations and regional organizations of an integration or other nature, provided that any such organization is constituted by sovereign States and has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.

(b) In matters within their competence, such organizations shall, on their own behalf, exercise the rights and fulfill the responsibilities which this Convention attributes to States Parties.

(c) When becoming party to this Convention such an organization shall communicate to the depositary a declaration indicating which States are members thereof and which articles of this Convention do not apply to it

(d) Such an organization shall not hold any vote additional to those of its Member States.

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5. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

Article 19

1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty first instrument of ratification, acceptance or approval with the depositary.

2. For each State ratifying, accepting, approving or acceding to the Convention after the date of deposit of the twenty first instrument of ratification, acceptance or approval, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article 20

1. Without prejudice to article 16 a State Party may propose amendments to this Convention. The proposed amendment shall be submitted to the depositary who shall circulate it immediately to all States Parties. If a majority of States Parties request the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to attend such a conference to begin not sooner than thirty days after the invitations are issued. Any amendment adopted at the conference by a two-thirds majority of all States Parties shall be promptly circulated by the depositary to all States Parties.

2. The amendment shall enter into force for each State Party that deposits its instrument of ratification, acceptance or approval of the amendment on the thirtieth day after the date on which two thirds of the States Parties have deposited their instruments of ratification, acceptance or approval with the depositary. Thereafter, the amendment shall enter into force for any other State Party on the day on which that State Party deposits its instrument of ratification, acceptance or approval of the amendment.

Article 21

1. Any State Party may denounce this Convention by written notification to the depositary.

2. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the depositary.

Article 22

The depositary shall promptly notify all States of:

(a) each signature of this Convention;


55

(b) each deposit of an instrument of ratification, acceptance, approval or accession:

(c) any reservation or withdrawal in accordance with article 17;

(d) any communication made by an organization in accordance with paragraph 4(c) of article 18;

(e) the entry into force of this Convention;

(f) the entry into force of any amendment to this Convention; and

(g) any denunciation made under article 21.

Article 23

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certified copies thereof to all States.

In witness whereof, the undersigned, being duly authorized, have signed this Convention, opened for signature at Vienna and at New York on 3 March 1980.

Annex I

Levels of Physical Protection to be Applied in International Transport of Nuclear Material as Categorized in Annex II

1. Levels of physical protection for nuclear material during storage incidental to international nuclear transport include:

(a) For Category 111 materials, storage within an area to which access is controlled;

(b) For Category 11 materials, storage within an area under constant surveillance by guards or electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control or any area with an equivalent level of physical protection;

2. For Category I material, storage within a protected area as defined for Category 11 above, to which, in addition, access is restricted to persons whose trustworthiness has been determined, and which is under surveillance by guards who are in close communication with appropriate response forces. Specific measures taken in this context should have as their object the detection and prevention of any assault, unauthorized access or unauthorized removal of material.

Compendium

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3. Levels of physical protection for nuclear material during international transport include:

(a) For Category 11 and 111 materials, transportation shall take place under special precautions including prior arrangements among sender, receiver, and carrier, and prior agreement between natural or legal persons subject to the jurisdiction and regulation of exporting and importing States, specifying time, place and procedures for transferring transport responsibility;

(b) For Category I materials, transportation shall take place under special precautions identified above for transportation of Category 11 and 111 materials, and in addition, under constant surveillance by escorts and under conditions which assure close communication with appropriate response forces;

(c) For natural uranium other than in the form of ore or ore-residue transportation protection for quantities exceeding 500 kilograms U shall include advance notification of shipment specifying mode of transport, expected time of arrival and confirmation of receipt of shipment.

Annex II

(a) All plutonium except that with isotopic concentration exceeding 80% in plutonium-238.

(b) Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 100 reds/hour at one metre unshielded.

(c) Quantities not falling in Category III and natural uranium should be protected in accordance with prudent management practice,

(d) Although this level of protection is recommended, it would be open to States, upon evaluation of the specific circumstances, to assign a different category of physical protection.

(e) Other fuel which by virtue of its original fissile material content is classified as Category I and II before irradiation may be reduced one category level while the radiation level from the fuel exceeds 100 reds/hour at one metre unshielded.


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7. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, 1988

Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Montreal 23 September 1971

Done at Montreal on 24 February 1988 In force on 6 August 1989 ICAO Doc. 9518 Depositary: Russian Federation, United Kingdom of Great Britain and Northern Ireland,

the United States of America and the International Civil Aviation Organization


Considering that unlawful acts of violence which endanger or are likely to endanger the safety of persons at airports serving international civil aviation or which jeopardize the safe operation of such airports undermine the confidence of the peoples of the world in safety at such airports and disturb the safe and orderly conduct of civil aviation for all States;

Considering that the occurrence of such acts is a matter of grave concern to the international community and that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders;

Considering that it is necessary to adopt provisions supplementary to those of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971, to deal with such unlawful acts of violence at airports serving international civil aviation;


Article 1

This Protocol supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971 (hereinafter referred to as "the Convention"), and, as between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument.

Article 2

1. In Article 1 of the Convention, the following shall be added as new paragraph 1 bis:

"1 bis. Any person commits an offence if he unlawfully and intentionally, using any device, substance or weapon:

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(a) performs an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; or

(b) destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of the airport, if such an act endangers or is likely to endanger safety at that airport."

2. In paragraph 2 (a) of Article 1 of the Convention, the following words shall be inserted after the words "paragraph 1": "or paragraph 1 bis".

Article 3

In Article 5 of the Convention, the following shall be added as paragraph 2 bis:

"2 bis. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to the State mentioned in paragraph 1(a) of this Article."

Article 4

This Protocol shall be open for signature at Montreal on 24 February 1988 by States participating in the International Conference on Air Law held at Montreal from 9 to 24 February 1988. After 1 March 1988, the Protocol shall be open for signature to all States in London, Moscow, Washington and Montreal, until it enters into force in accordance with Article 6

Article 5

1. This Protocol shall be subject to ratification by the signatory States.

2. Any State which is not a Contracting State to the Convention may ratify this Protocol if at the same lime it ratifies or accedes to the Convention in accordance with Article 15 thereof.

3. Instruments of ratification shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America or with the International Civil Aviation Organization, which are hereby designated the Depositaries.

Article 6

1. As soon as ten of the signatory States have deposited their instruments of ratification of this Protocol, it shall enter into force between them on the thirtieth day after the date of the deposit of the tenth instrument of ratification. It shall enter into force for each State which


59

deposits its instrument of ratification after that date on the thirtieth day after deposit of its instrument of ratification

2. As soon as this Protocol enters into force, it shall be registered by the Depositaries pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

Article 7

1. This Protocol shall, after it has entered into force, be open for accession by any non signatory State.

2. Any State which is not a Contracting State to the Convention may accede to this Protocol if at the same time it ratifies or accedes to the Convention in accordance with Article 15 thereof.

3. Instruments of accession shall be deposited with the Depositaries and accession shall take effect on the thirtieth day after the deposit.

Article 8

1. Any Party to this Protocol may denounce it by written notification addressed to the Depositaries.

2. Denunciation shall take effect six months following the date on which notification is received by the Depositaries.

3. Denunciation of this Protocol shall not of itself have the effect of denunciation of the Convention.

4. Denunciation of the Convention by a Contracting State to the Convention as supplemented by this Protocol shall also have the effect of denunciation of this Protocol.

Article 9

1. The Depositaries shall promptly inform all signatory and acceding States to this Protocol and all signatory and acceding States to the Convention:

(a) of the date of each signature and the date of deposit of each instrument of ratification of, or accession to, this Protocol, and

(b) of the receipt of any notification of denunciation of this Protocol and the date thereof.

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2. The Depositaries shall also notify the States referred to in paragraph I of the date on which this Protocol enters into force in accordance with Article 6.

In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Protocol.

Done at Montreal on the twenty-fourth day of February of the year One Thousand Nine Hundred and Eighty-eight, in four originals, each being drawn up in four authentic texts in the English, French, Russian and Spanish languages.


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8. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1988

Done at Rome on 10 March 1988 In force on 1 March 1992 IMO Doc. SUA/CONF?15/Rev.1 Depositary: Secretary-General of the International Maritime Organization


Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co-operation among States,

Recognizing in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,

Deeply Concerned about the world-wide escalation of acts of terrorism in all its forms, which endanger or take innocent human lives, jeopardize fundamental freedoms and seriously impair the dignity of human beings,

Considering that unlawful acts against the safety of maritime navigation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation,

Considering that the occurrence of such acts is a matter of grave concern to the international community as a whole,

Being Convinced of the urgent need to develop international co-operation between States in devising and adopting effective and practical measures for the prevention of all unlawful acts against the safety of maritime navigation, and the prosecution and punishment of their perpetrators,

Recalling resolution 40/61 of the General Assembly of the United Nations of 9 December 1985 which, inter alia, "urges all States unilaterally and in co-operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien occupation, that may give rise to international terrorism and may endanger international peace and security",

Recalling furhter that resolution 40/61 "unequivocally condemns, as criminal) all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security",

Compendium

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Recalling also that by resolution 40/61, the International Maritime Organization was invited to "study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures",

Having in mind resolution A.584(14) of 20 November 1985, of the Assembly of the International Maritime Organization, which called for development of measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crews,

Noting that acts of the crew which are subject to normal shipboard discipline are outside the purview of this Convention,

Affirming the desirability of monitoring rules and standards relating to the prevention and control of unlawful acts against ships and persons on board ships, with a view to updating them as necessary, and, to this effect, taking note with satisfaction of the Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, recommended by the Maritime Safety Committee of the International Maritime Organization,

Affirming further that matters not regulated by this Convention continue to be governed by the rules and principles of general international law,

Recognizing the need for all States, in combating unlawful acts against the safety of maritime navigation, strictly to comply with rules and principles of general international law,


Article 1

For the purposes of this Convention, "ship" means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.

Article 2

1. This Convention does not apply to:

(a) a warship; or

(b) a ship owned or operated by a State when being used as a naval auxiliary or for customs or police purposes; or

(c) a ship which has been withdrawn from navigation or laid up.

2. Nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes.


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Article 3

1. Any person commits an offence if that person unlawfully and intentionally:

(a) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; or

(b) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or

(c) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; or

(d) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; or

(e) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship; or

(f) communicates information which he knows to be false, thereby endangering the safe navigation of a ship; or

(g) injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (f).

2. Any person also commits an offence if that person:

(a) attempts to commit any of the offences set forth in paragraph 1; or

(b) abets the commission of any of the offences set forth in paragraph 1 perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or

(c) threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the of fences set forth in paragraph 1, subparagraphs (b), (c) and (e), if that threat is likely to endanger the safe navigation of the ship in question.

Article 4

1. This Convention applies if the ship is navigating of is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single State, or the lateral limits of its territorial sea with adjacent States.

Compendium

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2. In cases where the Convention does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State referred to in paragraph 1.

Article 5

Each State Party shall make the offences set forth in article 3 punishable by appropriate penalties which take into account the grave nature of those offences.

Article 6

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 when the offence is committed:

(a) against or on board a ship flying the flag of the State at the time the offence is committed; or

(b) in the territory of that State, including its territorial sea; or

(c) by a national of that State.

2. A State Party may also establish its jurisdiction over any such offence when:

(a) it is committed by a stateless person whose habitual residence is in that State; or

(b) during its commission a national of that State is seized, threatened, injured or killed; or

(c) it is committed in an attempt to compel that State to do or abstain from doing any act.

3. Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General of the International Maritime Organization (hereinafter referred to as "the Secretary-General"). If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.

4. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.



65

Article 7

1. Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present shall, in accordance with its law, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts, in accordance with its own legislation.

3. Any person regarding whom the measures referred to in paragraph 1 are being taken shall be entitled to:

(a) communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence;

(b) be visited by a representative of that State.

4. The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or the alleged offender is present, subject to the proviso that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

5. When a State Party, pursuant to this article, has taken a person into custody, it shall immediately notify the States which have established jurisdiction in accordance with article 6, paragraph 1 and, if it considers it advisable, any other interested States, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 8

1. The master of a ship of a State Party (the "flag State") may deliver to the authorities of any other State Party (the "receiving State") any person who he has reasonable grounds to believe has committed one of the offences set forth in article 3.

2. The flag State shall ensure that the master of its ship is obliged, whenever practicable, and if possible before entering the territorial sea of the receiving State carrying on board any person whom the master intends to deliver in accordance with paragraph 1, to give notification to the authorities of the receiving State of his intention to deliver such person and the reasons therefor.

Compendium

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3. The receiving State shall accept the delivery, except where it has grounds to consider that the Convention is not applicable to the acts giving rise to the delivery, and shall proceed in accordance with the provisions of article 1. Any refusal to accept a delivery shall be accompanied by a statement of the reasons for refusal.

4. The flag State shall ensure that the master of its ship is obliged to furnish the authorities of the receiving State with the evidence in the master's possession which pertains to the alleged offence.

5. A receiving State which has accepted the delivery of a person in accordance with paragraph 3 may, in turn, request the flag State to accept delivery of that person. The flag State shall consider any such request, and if it accedes to the request it shall proceed in accordance with article 7. If the flag State declines a request, it shall furnish the receiving State with a statement of the reasons therefor.

Article 9

Nothing in this Convention shall affect in any way the rules of international law pertaining to the competence of States to exercise investigative or enforcement jurisdiction on board ships not flying their flag.

Article 10

1. The State Party in the territory of which the offender or the alleged offender is found shall, in cases to which article 6 applies, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

2. Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 3 shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided for such proceedings by the law of the State in the territory of which he is present.

Article 11

1. The offences set forth in article 3 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the


67

requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 3. Extradition shall be subject to the other conditions provided by the law of the requested State Party.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 3 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.

4. If necessary, the offences set forth in article 3 shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in a place within the jurisdiction of the State Party requesting extradition.

5. A State Party which receives more than one request for extradition from States which have established jurisdiction in accordance with article 7 and which decides not to prosecute shall, in selecting the State to which the offender or alleged offender is to be extradited, pay due regard to the interests and responsibilities of the State Party whose flag the ship was flying at the time of the commission of the offence.

6. In considering a request for the extradition of an alleged offender pursuant to this Convention, the requested State shall pay due regard to whether his rights as set forth in article 7, paragraph 3, can be effected in the requesting State.

7. With respect to the offences as defined in this Convention, the provisions of all extradition treaties and arrangements applicable between States Parties are modified as between States Parties to the extent that they are incompatible with this Convention.

Article 12

1. State Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in article 3, including assistance in obtaining evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph 1 in conformity with any treaties on mutual assistance that may exist between them. In the absence of such treaties, States Parties shall afford each other assistance in accordance with their national law.

Article 13

1. States Parties shall co-operate in the prevention of the offences set forth in article 3, particularly by:

(a) taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories;

Compendium

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(b) exchanging information in accordance with their national law, and co-ordinating administrative and other measures taken as appropriate to prevent the commission of offences set forth in article 3.

2. When, due to the commission of an offence set forth in article 3, the passage of a ship has been delayed or interrupted, any State Party in whose territory the ship or passengers or crew are present shall be bound to exercise all possible efforts to avoid a ship, its passengers, crew or cargo being unduly detained or delayed.

Article 14

Any State Party having reason to believe that an offence set forth in article 3 will be committed shall, in accordance with its national law, furnish as promptly as possible any relevant information in its possession to those States which it believes would be the States having established jurisdiction in accordance with article 6.

Article 15

1. Each State Party shall, in accordance with its national law) provide to the Secretary-General, as promptly as possible, any relevant information in its possession concerning:


(b) the action taken pursuant to article 13, paragraph 2;

(c) the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings.

2. The State Party where the alleged offender is prosecuted shall, in accordance with its national law, communicate the final outcome of the proceedings to the Secretary-General.

3. The information transmitted in accordance with paragraphs 1 and 2 shall be communicated by the Secretary-General to all States Parties, to Members of the International Maritime Organization (hereinafter referred to as "the Organization"), to the other States concerned, and to the appropriate international intergovernmental organizations.

Article 16

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.


69

2. Each State may at the time of signature or ratification, acceptance or approval of this Convention or accession thereto, declare that it does not consider itself bound by any or all of the provisions of paragraph 1. The other States Parties shall not be bound by those provisions with respect to any State Party which has made such a reservation.

3. Any State which has made a reservation in accordance with paragraph 2 may, at any time, withdraw that reservation by notification to the Secretary-General.

Article 17

1. This Convention shall be open for signature at Rome on 10 March 1988 by States participating in the International Conference on the Suppression of Unlawful Acts against the Safety of Maritime Navigation and at the Headquarters of the Organization by all States from 14 March 1988 to 9 March 1989. It shall thereafter remain open for accession.

2. States may express their consent to be bound by this Convention by:

(a) signature without reservation as to ratification, acceptance or approval; or

(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c) accession.

3. Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

Article 18

1. This Convention shall enter into force ninety days following the date on which fifteen States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession in respect thereof.

2. For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Convention after the conditions for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect ninety days after the date of such deposit.

Article 19

1. This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State.

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2. Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.

3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.

Article 20

1. A conference for the purpose of revising or amending this Convention may be convened by the Organization.

2. The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of one third of the States Parties, or ten States Parties, whichever is the higher figure.

3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.

Article 21

1. This Convention shall be deposited with the Secretary-General.

2. The Secretary-General shall:

(a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of:

(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;

(ii) the date of the entry into force of this Convention;

(iii) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect;

(iv) the receipt of any declaration or notification made under this Convention;

(b) transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.


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3. As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 22

This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

In witness whereof the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.

Done at Rome this tenth day of March one thousand nine hundred and eighty-eight.

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9. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988

Done at Rome 10 March 1988 In force on 1 March 1992 IMO Doc. SUA/CONF/16/Rev.2 Depositary: Secretary-General of the International Maritime Organization


Being parties to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation,

Recognizing that the reasons for which the Convention was elaborated also apply to fixed platforms located on the continental shelf,

Taking account of the provisions of that Convention,

Affirming that matters not regulated by this Protocol continue to be governed by the rules and principles of general International law,


Article 1

1. The provisions of articles 5 and 7 and of articles 10 to 16 of the Convention for the Suppression of unlawful Acts against the Safety of Maritime Navigation (hereafter referred to as "the Convention") shall also apply mutatis mutandis to the offences set forth in article 2 of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf.

2. In cases where this Protocol does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State in whose international waters or territorial sea the fixed platform is located.

3. For the purposes of this Protocol, "fixed platform" means an artificial island, installation or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.


73

Article 2

1. Any person commits an offence if that person unlawfully and intentionally:

(a) seizes or exercises control over a fixed platform by force or threat thereof or any other form of intimidation; or

(b) performs an act of violence against a person on board a fixed platform lf that act is likely to endanger its safety; or

(c) destroys a fixed platform or causes damage to it which is likely to endanger its safety; or

(d) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety; or

(e) injures or kills any person in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (d).


(a) attempts to commit any of the offences set forth in paragraph 1; or

(b) abets the commission of any such offences perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or

(c) threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraph 1, subparagraphs (b) and (c), lf that threat is likely to endanger the safety of the fixed platform.

Article 3

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 when the offence is committed:

(a) against or on board a fixed platform while it is located on the continental shelf of that State; or

(b) by a national of that State.


(a) it is committed by a stateless person whose habitual residence is in that State;

Compendium

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(b) during its commission a national of that State is seized, threatened, injured or killed; or

(c) it is committed in an attempt to compel that State to do or abstain from doing any act.

3. Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General of the International Maritime Organisation (hereinafter referred to as "the Secretary-General"). If such State Party subsequently rescinds that Jurisdiction, it shall notify the Secretary-General.

4. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.

5. This Protocol does not exclude any criminal jurisdiction exercised in accordance with national law

Article 4

Nothing in this Protocol shall affect in any way the rules of international law pertaining to fixed platforms located on the continental shelf

Article 5

1. This Protocol shall be open for signature at Rome on 10 March 1988 and at the Headquarters of the International Maritime Organization (hereinafter referred to as "the Organization") from 14 March 1988 to 9 March 1989 by any State which has signed the Convention. It shall thereafter remain open for accession.

2. States may express their consent to be bound by this Protocol by:



(c) accession.



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4. Only a State which has signed the Convention without reservation as to ratification, acceptance or approval, or has ratified, accepted, approved or acceded to the Convention may become a Party to this Protocol.

Article 6

1. This Protocol shall enter into force ninety days following the date on which three States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession in respect thereof. However, this Protocol shall not enter into force before the Convention has entered into force.

2. For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Protocol after the conditions for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect ninety days after the date of such deposit.

Article 7

1. This Protocol may be denounced by any State Party at any time after the expiry of one year from the date on which this Protocol enters into force for that State.


3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.

4. A denunciation of the Convention by a State Party shall be deemed to be a denunciation of this Protocol by that Party.

Article 8

1. A conference for the purpose of revising or amending this Protocol may be convened by the Organization.

2. The Secretary-General shall convene a conference of the States Parties to this Protocol for revising or amending the Protocol, at the request of one third of the States Parties, or five States Parties, whichever is the higher figure.

3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Protocol shall be deemed to apply to the Protocol as amended.

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Article 9

1. This Protocol shall be deposited with the Secretary-General.


(a) inform all States which have signed this Protocol or acceded thereto, and all Members of the Organization, of:

(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;

(ii) the date of entry into force of this Protocol;

(iii) the deposit of any instrument of denunciation of this Protocol together with the date on which it is received and the date on which the denunciation takes effect;

(iv) the receipt of any declaration or notification made under this Protocol or under the Convention, concerning this Protocol.

(b) transmit certified true copies of this Protocol to all States which have signed this Protocol or acceded thereto

3. As soon as this Protocol enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 10

This Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

In witness whereof the undersigned, being duly authorised by their respective

Governments for that purpose. have signed this Protocol.

Done at Rome this tenth day of March one thousand nine hundred and eighty-eight.


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10. Convention on the Marking of Plastic Explosives for the Purpose of Detection, 1991

Signed at Montreal, on 1 March 1991 In force on 21 June 1998 U.N. doc. S/22393 Depositary: International Civil Aviation Organization

The State Parties to this Convention,

Conscious of the implications of acts of terrorism for international security;

Expressing deep concern regarding terrorist acts aimed at destruction of aircraft, other means of transportation and other targets;

Concerned that plastic explosives have been used for such terrorist acts;

Considering that the marking of such explosives for the purpose of detection would contribute significantly to the prevention of such unlawful acts;

Recognizing that for the purpose of deterring such unlawful acts there is an urgent need for an international instrument obliging States to adopt appropriate measures to ensure that plastic explosives are duly marked;

Considering United Nations Security Council Resolution 635 of 14 June 1989, and United Nations General Assembly Resolution 44/29 of 4 December 1989 urging the International Civil Aviation Organization to intensify its work on devising an international regime for the marking of plastic or sheet explosives for the purpose of detection;

Bearing in mind Resolution A27-8 adopted unanimously by the 27th Session of the Assembly of the International Civil Aviation Organization which endorsed with the highest and overriding priority the preparation of a new international instrument regarding the marking of plastic or sheet explosives for detection;

Noting with satisfaction the role played by the Council of the International Civil Aviation Organization in the preparation of the Convention as well as its willingness to assume functions related to its implementation;


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Article 1


1. "Explosives" mean explosive products, commonly known as "plastic explosives", including explosives in flexible or elastic sheet form, as described in the Technical Annex to this Convention.

2. "Detection agent" means a substance as described in the Technical Annex to this Convention which is introduced into an explosive to render it detectable.

3. "Marking" means introducing into an explosive a detection agent in accordance with the Technical Annex to this Convention.

4. "Manufacture" means any process, including reprocessing, that produces explosives.

5. "Duly authorized military devices" include, but are not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades and perforators manufactured exclusively for military or police purposes according to the laws and regulations of the State Party concerned.

6. "Producer State" means any State in whose territory explosives are manufactured.

Article 2

Each State Party shall take the necessary and effective measures to prohibit and prevent the manufacture in its territory of unmarked explosives.

Article 3

1. Each State Party shall take the necessary and effective measures to prohibit and prevent the movement into or out of its territory of unmarked explosives.

2. The preceding paragraph shall not apply in respect of movements for purposes not inconsistent with the objectives of this Convention, by authorities of a State Party performing military or police functions, of unmarked explosives under the control of that State Party in accordance with paragraph 1 of Article IV.

Article 4

1. Each State Party shall take the necessary measures to exercise strict and effective control over the possession and transfer of possession of unmarked explosives which have been manufactured in or brought into its territory prior to the entry into force of this Convention in respect of that State, so as to prevent their diversion or use for purposes inconsistent with the objectives of this Convention.


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2. Each State Party shall take the necessary measures to ensure that all stocks of those explosives referred to in paragraph 1 of this Article not held by its authorities performing military or police functions are destroyed or consumed for purposes not inconsistent with the objectives of this Convention, marked or rendered permanently ineffective, within a period of three years from the entry into force of this Convention in respect of that State.

3. Each State Party shall take the necessary measures to ensure that all stocks of those explosives referred to in paragraph 1 of this Article held by its authorities performing military or police functions and that are not incorporated as an integral part of duly authorized military devices are destroyed or consumed for purposes not inconsistent with the objectives of this Convention, marked or rendered permanently ineffective, within a period of fifteen years from the entry into force of this Convention in respect of that State.

4. Each State Party shall take the necessary measures to ensure the destruction, as soon as possible, in its territory of unmarked explosives which may be discovered therein and which are not referred to in the preceding paragraphs of this Article, other than stocks of unmarked explosives held by its authorities performing military or police functions and incorporated as an integral part of duly authorized military devices at the date of the entry into force of this Convention in respect of that State.

5. Each State Party shall take the necessary measures to exercise strict and effective control over the possession and transfer of possession of the explosives referred to in paragraph II of Part 1 of the Technical Annex to this Convention so as to prevent their diversion or use for purposes inconsistent with the objectives of this Convention.

6. Each State Party shall take the necessary measures to ensure the destruction, as soon as possible, in its territory of unmarked explosives manufactured since the coming into force of this Convention in respect of that State that are not incorporated as specified in paragraph II (d) of Part 1 of the Technical Annex to this Convention and of unmarked explosives which no longer fall within the scope of any other sub-paragraphs of the said paragraph II.

Article 5

1. There is established by this Convention an International Explosives Technical Commission (hereinafter referred to as "the Commission") consisting of not less than fifteen nor more than nineteen members appointed by the Council of the International Civil Aviation Organization (hereinafter referred to as "the Council") from among persons nominated by States Parties to this Convention.

2. The members of the Commission shall be experts having direct and substantial experience in matters relating to the manufacture or detection of, or research in, explosives.

3. Members of the Commission shall serve for a period of three years and shall be eligible for re-appointment.

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4. Sessions of the Commission shall be convened, at least once a year at the Headquarters of the International Civil Aviation Organization, or at such places and times as may be directed or approved by the Council.

5. The Commission shall adopt its rules of procedure, subject to the approval of the Council.

Article 6

1. The Commission shall evaluate technical developments relating to the manufacture, marking and detection of explosives.

2. The Commission, through the Council, shall report its findings to the States Parties and international organizations concerned.

3. Whenever necessary, the Commission shall make recommendations to the Council for amendments to the Technical Annex to this Convention. The Commission shall endeavour to take its decisions on such recommendations by consensus. In the absence of consensus the Commission shall take such decisions by a two-thirds majority vote of its members.

4. The Council may, on the recommendation of the Commission, propose to States Parties amendments to the Technical Annex to this Convention.

Article 7

1. Any State Party may, within ninety days from the date of notification of a proposed amendment to the Technical Annex to this Convention, transmit to the Council its comments. The Council shall communicate these comments to the Commission as soon as possible for its consideration. The Council shall invite any State Party which comments on or objects to the proposed amendment to consult the Commission.

2. The Commission shall consider the views of States Parties made pursuant to the preceding paragraph and report to the Council. The Council, after consideration of the Commission's report, and taking into account the nature of the amendment and the comments of States Parties, including producer States, may propose the amendment to all States Parties for adoption.

3. If a proposed amendment has not been objected to by five or more States Parties by means of written notification to the Council within ninety days from the date of notification of the amendment by the Council, it shall be deemed to have been adopted, and shall enter into force one hundred and eighty days thereafter or after such other period as specified in the proposed amendment for States Parties not having expressly objected thereto.


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4. States Parties having expressly objected to the proposed amendment may, subsequently, by means of the deposit of an instrument of acceptance or approval, express their consent to be bound by the provisions of the amendment.

5. If five or more States Parties have objected to the proposed amendment, the Council shall refer it to the Commission for further consideration.

6. If the proposed amendment has not been adopted in accordance with paragraph 3 of this Article, the Council may also convene a conference of all States Parties.

Article 8

1. States Parties shall, if possible, transmit to the Council information that would assist the Commission in the discharge of its functions under paragraph 1 of Article VI.

2. States Parties shall keep the Council informed of measures they have taken to implement the provisions of this Convention. The Council shall communicate such information to all States Parties and international organizations concerned.

Article 9

The Council shall, in co-operation with States Parties and international organizations concerned, take appropriate measures to facilitate the implementation of this Convention, including the provision of technical assistance and measures for the exchange of information relating to technical developments in the marking and detection of explosives.

Article 10

The Technical Annex to this Convention shall form an integral part of this Convention.

Article 11

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State Party may, at the time of signature, ratification, acceptance or approval of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other States Parties shall not be bound by the preceding paragraph with respect to any State Party having made such a reservation.

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3. Any State Party having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary.

Article 12

Except as provided in Article XI no reservation may be made to this Convention.

Article 13

1. This Convention shall be open for signature in Montreal on 1 March 1991 by States participating in the International Conference on Air Law held at Montreal from 12 February to 1 March 1991. After 1 March 1991 the Convention shall be open to all States for signature at the Headquarters of the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 3 of this Article. Any State which does not sign this Convention may accede to it at any time.

2. This Convention shall be subject to ratification, acceptance, approval or accession by States. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary. When depositing its instrument of ratification, acceptance, approval or accession, each State shall declare whether or not it is a producer State.

3. This Convention shall enter into force on the sixtieth day following the date of deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession with the Depositary, provided that no fewer than five such States have declared pursuant to paragraph 2 of this Article that they are producer States. Should thirty-five such instruments be deposited prior to the deposit of their instruments by five producer States, this Convention shall enter into force on the sixtieth day following the date of deposit of the instrument of ratification, acceptance, approval or accession of the fifth producer State.

4. For other States, this Convention shall enter into force sixty days following the date of deposit of their instruments of ratification, acceptance, approval or accession.

5. As soon as this Convention comes into force, it shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations and pursuant to Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

Article 14

The Depositary shall promptly notify all signatories and States Parties of:

1. each signature of this Convention and date thereof;


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2. each deposit of an instrument of ratification, acceptance, approval or accession and date thereof, giving special reference to whether the State has identified itself as a producer State;

3. the date of entry into force of this Convention;

4. the date of entry into force of any amendment to this Convention or its Technical Annex;

5. any denunciation made under Article XV; and

6. any declaration made under paragraph 2 of Article XI.

Article 15

1. Any State Party may denounce this Convention by written notification to the Depositary.

2. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the Depositary.


Done at Montreal, this first day of March, one thousand nine hundred and ninety-one, in one original, drawn up in five authentic texts in the English, French, Russian, Spanish and Arabic languages.

Technical Annex

Part 1: Description of explosives

1. The explosives referred to in paragraph 1 of Article 1 of this Convention are those that:

(a) are formulated with one or more high explosives which in their pure form have a vapour pressure less than 10-4 Pa at a temperature of 25-C;

(b) are formulated with a binder material; and

(c) are, as a mixture, malleable or flexible at normal room temperature.

2. The following explosives, even though meeting the description of explosive in paragraph 1 of this Part, shall not be considered to be explosives as long as they continue to

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be held or used for the purposes specified below or remain incorporated as there specified, namely those explosive that:

(a) are manufactured, or held, in limited quantities solely for use in duly authorized research, development or testing of new or modified explosives;

(b) are manufactured, or held, in limited quantities solely for use in duly authorized training in explosives detection and/or development or testing of explosives detection equipment;

(c) are manufactured, or held, in limited quantities solely for duly authorized forensic science purposes; or

(d) are destined to be and are incorporated as an integral part of duly authorized military devices in the territory of the producer State within three years after the coming into force of this Convention in respect of that State. Such devices produced in this period of three years shall be deemed to be duly authorized military devices within paragraph 4 of Article 4 of this Convention.

3. In this Part: "duly authorized" in paragraph 2 (a), (b) and (c) means permitted according to the laws and regulations of the State Party concerned; and "high explosives" include but are not restricted to cyclotetramethylenetetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrinitramine (RDX)

Part 2: Detection Agents

A detection agent is any one of those substances set out in the following Table. Detection agents described in this Table are intended to be used to enhance the detectability of explosives by vapour detection means. In each case, the introduction of a detection agent into an explosive shall be done in such a manner as to achieve homogeneous distribution in the finished product. The minimum concentration of a detection agent in the finished product at the time of manufacture shall be as shown in the said Table.

Table

Name of detection agent Molecular formula Molecular weight Minimum concentration

Ethylene glycol dinitrate C2H4(NO3)2 152 0.2% by mass

(EGDN) 2,3-Dimethyl-2,3dinitro C6H12(NO2)2 176 0.1% by mass

butane (DMNB) para-

Mononitrololuene (p-MNT) C7H7NO2 137 0.5% by mass

ortho-Mononitrolotuene (o-MNT) C7H7NO2 137 0.5% by mass


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Any explosive which, as a result of its normal formulation contains any of the designated detection agents at or above the required minimum concentration level shall be deemed to be marked.

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11. International Convention for the Suppression of Terrorist Bombings, 1997

Adopted by the General Assembly of the United Nations on 15 December 1997 Entry into force on 23 May 2001 in accordance with Article 22 U.N. Doc. A/RES/52/164, Annex Depositary: Secretary-General of the United Nations


Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourliness and friendly relations and cooperation among States,

Deeply concerned about the worldwide escalation of acts of terrorism in all its forms and manifestations,

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations of 24 October 1995,

Recalling also the Declaration on Measures to Eliminate International Terrorism, annexed to General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, "the States Members of the United Nations solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among States and peoples and threaten the territorial integrity and security of States",

Noting that the Declaration also encouraged States "to review urgently the scope of the existing international legal provisions on the prevention, repression and elimination of terrorism in all its forms and manifestations, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter",

Recalling General Assembly resolution 51/210 of 17 December 1996 and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism annexed thereto,

Noting that terrorist attacks by means of explosives or other lethal devices have become increasingly widespread,

Noting also that existing multilateral legal provisions do not adequately address these attacks,

Being convinced of the urgent need to enhance international cooperation between States in devising and adopting effective and practical measures for the prevention of such acts of terrorism and for the prosecution and punishment of their perpetrators,


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Considering that the occurrence of such acts is a matter of grave concern to the international community as a whole,

Noting that the activities of military forces of States are governed by rules of international law outside the framework of this Convention and that the exclusion of certain actions from the coverage of this Convention does not condone or make lawful otherwise unlawful acts, or preclude prosecution under other laws,


Article 1

For the purposes of this Convention

1. "State or government facility" includes any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.

2. "Infrastructure facility" means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewage, energy, fuel or communications.

3. "Explosive or other lethal device" means:

(a) An explosive or incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage; or

(b) A weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material.

4. "Military forces of a State" means the armed forces of a State which are organized, trained and equipped under its internal law for the primary purpose of national defence or security and persons acting in support of those armed forces who are under their formal command, control and responsibility.

5. "Place of public use" means those parts of any building, land, street, waterway or other location that are accessible or open to members of the public, whether continuously, periodically or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or similar place that is so accessible or open to the public.

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6. "Public transportation system" means all facilities, conveyances and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of persons or cargo.

Article 2

1. Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility:

(a) With the intent to cause death or serious bodily injury; or

(b) With the intent to cause extensive destruction of such a place, facility or system, where such destruction results in or is likely to result in major economic loss.

2. Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1 of the present article.


(a) Participates as an accomplice in an offence as set forth in paragraph 1 or 2 of the present article; or

(b) Organizes or directs others to commit an offence as set forth in paragraph 1 or 2 of the present article; or

(c) In any other way contributes to the commission of one or more offences as set forth in paragraph 1 or 2 of the present article by a group of persons acting with a common purpose; such contribution shall be intentional and either be made with the aim of furthering the general criminal activity or purpose of the group or be made in the knowledge of the intention of the group to commit the offence or offences concerned.

Article 3

This Convention shall not apply where the offence is committed within a single State, the alleged offender and the victims are nationals of that State, the alleged offender is found in the territory of that State and no other State has a basis under article 6, paragraph 1 or paragraph 2, of this Convention to exercise jurisdiction, except that the provisions of articles 10 to 15 shall, as appropriate, apply in those cases.


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Article 4

Each State Party shall adopt such measures as may be necessary:

(a) To establish as criminal offences under its domestic law the offences set forth in article 2 of this Convention;

(b) To make those offences punishable by appropriate penalties which take into account the grave nature of those offences.

Article 5

Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention, in particular where they are intended or calculated to provoke a state of terror in the general public or in a group of persons or particular persons, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature and are punished by penalties consistent with their grave nature.

Article 6

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 when:

(a) The offence is committed in the territory of that State; or

(b) The offence is committed on board a vessel flying the flag of that State or an aircraft which is registered under the laws of that State at the time the offence is committed; or

(c) The offence is committed by a national of that State.


(a) The offence is committed against a national of that State; or

(b) The offence is committed against a State or government facility of that State abroad, including an embassy or other diplomatic or consular premises of that State; or

(c) The offence is committed by a stateless person who has his or her habitual residence in the territory of that State; or

(d) The offence is committed in an attempt to compel that State to do or abstain from doing any act; or

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(e) The offence is committed on board an aircraft which is operated by the Government of that State.

3. Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established under its domestic law in accordance with paragraph 2 of the present article. Should any change take place, the State Party concerned shall immediately notify the Secretary-General.

4. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of the present article.

5. This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Article 7

1. Upon receiving information that a person who has committed or who is alleged to have committed an offence as set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.

2. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.

3. Any person regarding whom the measures referred to in paragraph 2 of the present article are being taken shall be entitled to:

(a) Communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;

(b) Be visited by a representative of that State;

(c) Be informed of that person's rights under subparagraphs (a) and (b).

4. The rights referred to in paragraph 3 of the present article shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.


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5. The provisions of paragraphs 3 and 4 of the present article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 6, subparagraph 1 (c) or 2 (c), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

6. When a State Party, pursuant to the present article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of the United Nations, the States Parties which have established jurisdiction in accordance with article 6, paragraphs 1 and 2, and, if it considers it advisable, any other interested States Parties, of the fact that that person is in custody and of the circumstances which warrant that person's detention. The State which makes the investigation contemplated in paragraph 1 of the present article shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction.

Article 8

1. The State Party in the territory of which the alleged offender is present shall, in cases to which article 6 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

2. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this State and the State seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1 of the present article.

Article 9

1. The offences set forth in article 2 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties before the entry into force of this Convention. States Parties undertake to include such offences as xtraditable offences in every extradition treaty to be subsequently concluded between them.

2. When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in article 2. Extradition shall be subject to the other conditions provided by the law of the requested State.

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4. If necessary, the offences set forth in article 2 shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the States that have established jurisdiction in accordance with article 6, paragraphs 1 and 2.

5. The provisions of all extradition treaties and arrangements between States Parties with regard to offences set forth in article 2 shall be deemed to be modified as between State Parties to the extent that they are incompatible with this Convention.

Article 10

1. States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 2, including assistance in obtaining evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law.

Article 11

None of the offences set forth in article 2 shall be regarded, for the purposes of extradition or mutual legal assistance, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

Article 12

Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance, if the requested State Party has substantial grounds for believing that the request for extradition for offences set forth in article 2 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person's position for any of these reasons.


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Article 13

1. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of testimony, identification or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences under this Convention may be transferred if the following conditions are met:

(a) The person freely gives his or her informed consent; and

(b) The competent authorities of both States agree, subject to such conditions as those States may deem appropriate.

2. For the purposes of the present article:

(a) The State to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State from which the person was transferred;

(b) The State to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States;

(c) The State to which the person is transferred shall not require the State from which the person was transferred to initiate extradition proceedings for the return of the person;

(d) The person transferred shall receive credit for service of the sentence being served in the State from which he was transferred for time spent in the custody of the State to which he was transferred.

3. Unless the State Party from which a person is to be transferred in accordance with the present article so agrees, that person, whatever his or her nationality, shall not be prosecuted or detained or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts or convictions anterior to his or her departure from the territory of the State from which such person was transferred.

Article 14

Any person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the law of the State in the territory of which that person is present and applicable provisions of international law, including international law of human rights.

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Article 15

States Parties shall cooperate in the prevention of the offences set forth in article 2, particularly:

(a) By taking all practicable measures, including, if necessary, adapting their domestic legislation, to prevent and counter preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize, knowingly finance or engage in the perpetration of offences as set forth in article 2;

(b) By exchanging accurate and verified information in accordance with their national law, and coordinating administrative and other measures taken as appropriate to prevent the commission of offences as set forth in article 2;

(c) Where appropriate, through research and development regarding methods of detection of explosives and other harmful substances that can cause death or bodily injury, consultations on the development of standards for marking explosives in order to identify their origin in post-blast investigations, exchange of information on preventive measures, cooperation and transfer of technology, equipment and related materials.

Article 16

The State Party where the alleged offender is prosecuted shall, in accordance with its domestic law or applicable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Article 17

The States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.

Article 18

Nothing in this Convention entitles a State Party to undertake in the territory of another State Party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other State Party by its domestic law.


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Article 19

1. Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.

2. The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Convention, and the activities undertaken by military forces of a State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention.

Article 20

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.

2. Each State may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of the present article. The other States Parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation.

3. Any State which has made a reservation in accordance with paragraph 2 of the present article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 21

1. This Convention shall be open for signature by all States from 12 January 1998 until 31 December 1999 at United Nations Headquarters in New York.

2. This Convention is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

3. This Convention shall be open to accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

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Article 22

1. This Convention shall enter into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.

2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article 23



Article 24

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at New York on 12 January 1998.


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12. International Convention for the Suppression of the Financing of Terrorism, 1999

Adopted by the General Assembly of the United Nations on 9 December 1999 Entry into force on 10 April 2002 in accordance with Article 26 U.N. Doc. A/RES/54/109, Annex Depositary: Secretary-General of the United Nations


Bearing in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighborliness and friendly relations and cooperation among States,


Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations, contained in General Assembly resolution 50/6 of 24 October 1995,

Recalling also all the relevant General Assembly resolutions on the matter, including resolution 49/60 of 9 December 1994 and the annex thereto on the Declaration on Measures to Eliminate International Terrorism, in which the States Members of the United Nations solemnly reaffirmed their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among States and peoples and threaten the territorial integrity and security of States,

Noting that the Declaration on Measures to Eliminate International Terrorism also encouraged States to review urgently the scope of the existing international legal provisions on the prevention, repression and elimination of terrorism in all its forms and manifestations, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter,

Recalling paragraph 3 (f) of General Assembly resolution 51/210 of 17 December 1996, in which the Assembly called upon all States to take steps to prevent and counteract, through appropriate domestic measures, the financing of terrorists and terrorist organizations, whether such financing is direct or indirect through organizations which also have or claim to have charitable, social or cultural goals or which are also engaged in unlawful activities such as illicit arms trafficking, drug dealing and racketeering, including the exploitation of persons for purposes of funding terrorist activities, and in particular to consider, where appropriate, adopting regulatory measures to prevent and counteract movements of funds suspected to be intended for terrorist purposes without impeding in any way the freedom of legitimate capital movements and to intensify the exchange of information concerning international movements of such funds,

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Recalling also General Assembly resolution 52/165 of 15 December 1997, in which the Assembly called upon States to consider, in particular, the implementation of the measures set out in paragraphs 3 (a) to (f) of its resolution 51/210,

Recalling further General Assembly resolution 53/108 of 8 December 1998, in which the Assembly decided that the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996 should elaborate a draft international convention for the suppression of terrorist financing to supplement related existing international instruments,

Considering that the financing of terrorism is a matter of grave concern to the international community as a whole,

Noting that the number and seriousness of acts of international terrorism depend on the financing that terrorists may obtain,

Noting also that existing multilateral legal instruments do not expressly address such financing,

Being convinced of the urgent need to enhance international cooperation among States in devising and adopting effective measures for the prevention of the financing of terrorism, as well as for its suppression through the prosecution and punishment of its perpetrators,


Article 1


1. "Funds" means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit.

2. "State or government facility" means any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.

3. "Proceeds" means any funds derived from or obtained, directly or indirectly, through the commission of an offence set forth in article 2.


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Article 2

1. Any person commits an offence within the meaning of this Convention if that person by any means, directly or indirectly, unlawfully and wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out:

(a) An act which constitutes an offence within the scope of and as defined in one of the treaties listed in the annex; or

(b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or to abstain from doing any act.

2. (a) On depositing its instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty listed in the annex may declare that, in the application of this Convention to the State Party, the treaty shall be deemed not to be included in the annex referred to in paragraph 1, subparagraph (a). The declaration shall cease to have effect as soon as the treaty enters into force for the State Party, which shall notify the depositary of this fact;

(b) When a State Party ceases to be a party to a treaty listed in the annex, it may make a declaration as provided for in this article, with respect to that treaty.

3. For an act to constitute an offence set forth in paragraph 1, it shall not be necessary that the funds were actually used to carry out an offence referred to in paragraph 1, subparagraph (a) or (b).

4. Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1 of this article.


(a) Participates as an accomplice in an offence as set forth in paragraph 1 or 4 of this article;

(b) Organizes or directs others to commit an offence as set forth in paragraph 1 or 4 of this article;

(c) Contributes to the commission of one or more offences as set forth in paragraph 1 or 4 of this article by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

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(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence as set forth in paragraph 1 of this article; or

(ii) Be made in the knowledge of the intention of the group to commit an offence as set forth in paragraph 1 of this article.

Article 3

This Convention shall not apply where the offence is committed within a single State, the alleged offender is a national of that State and is present in the territory of that State and no other State has a basis under article 7, paragraph 1 or 2, to exercise jurisdiction, except that the provisions of articles 12 to 18 shall, as appropriate, apply in those cases.

Article 4


(a) To establish as criminal offences under its domestic law the offences as set forth in article 2;

(b) To make those offences punishable by appropriate penalties which take into account the grave nature of the offences.

Article 5

1. Each State Party, in accordance with its domestic legal principles, shall take the necessary measures to enable a legal entity located in its territory or organized under its laws to be held liable when a person responsible for the management or control of that legal entity has, in that capacity, committed an offence as set forth in article 2. Such liability may be criminal, civil or administrative.

2. Such liability is incurred without prejudice to the criminal liability of individuals who have committed the offences.

3. Each State Party shall ensure, in particular, that legal entities liable in accordance with paragraph 1 above are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions.

Article 6

Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature.


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Article 7


(a) The offence is committed in the territory of that State;

(b) The offence is committed on board a vessel flying the flag of that State or an aircraft registered under the laws of that State at the time the offence is committed;



(a) The offence was directed towards or resulted in the carrying out of an offence referred to in article 2, paragraph 1, subparagraph (a) or (b), in the territory of or against a national of that State;

(b) The offence was directed towards or resulted in the carrying out of an offence referred to in article 2, paragraph 1, subparagraph (a) or (b), against a State or government facility of that State abroad, including diplomatic or consular premises of that State;

(c) The offence was directed towards or resulted in an offence referred to in article 2, paragraph 1, subparagraph (a) or (b), committed in an attempt to compel that State to do or abstain from doing any act;

(d) The offence is committed by a stateless person who has his or her habitual residence in the territory of that State;


3. Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established in accordance with paragraph 2. Should any change take place, the State Party concerned shall immediately notify the Secretary-General.

4. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 or 2.

5. When more than one State Party claims jurisdiction over the offences set forth in article 2, the relevant States Parties shall strive to coordinate their actions appropriately, in

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particular concerning the conditions for prosecution and the modalities for mutual legal assistance.

6. Without prejudice to the norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Article 8

1. Each State Party shall take appropriate measures, in accordance with its domestic legal principles, for the identification, detection and freezing or seizure of any funds used or allocated for the purpose of committing the offences set forth in article 2 as well as the proceeds derived from such offences, for purposes of possible forfeiture.

2. Each State Party shall take appropriate measures, in accordance with its domestic legal principles, for the forfeiture of funds used or allocated for the purpose of committing the offences set forth in article 2 and the proceeds derived from such offences.

3. Each State Party concerned may give consideration to concluding agreements on the sharing with other States Parties, on a regular or case-by-case basis, of the funds derived from the forfeitures referred to in this article.

4. Each State Party shall consider establishing mechanisms whereby the funds derived from the forfeitures referred to in this article are utilized to compensate the victims of offences referred to in article 2, paragraph 1, subparagraph (a) or (b), or their families.

5. The provisions of this article shall be implemented without prejudice to the rights of third parties acting in good faith.

Article 9

1. Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.

2. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.

3. Any person regarding whom the measures referred to in paragraph 2 are being taken shall be entitled:


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(a) To communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;

(b) To be visited by a representative of that State;

(c) To be informed of that person's rights under subparagraphs (a) and (b).

4. The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

5. The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 7, paragraph 1, subparagraph (b), or paragraph 2, subparagraph (b), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

6. When a State Party, pursuant to the present article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of the United Nations, the States Parties which have established jurisdiction in accordance with article 7, paragraph 1 or 2, and, if it considers it advisable, any other interested States Parties, of the fact that such person is in custody and of the circumstances which warrant that person's detention. The State which makes the investigation contemplated in paragraph 1 shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction.

Article 10


2. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this State and the State seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1.

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Article 11

1. The offences set forth in article 2 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties before the entry into force of this Convention. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them.




5. The provisions of all extradition treaties and arrangements between States Parties with regard to offences set forth in article 2 shall be deemed to be modified as between States Parties to the extent that they are incompatible with this Convention.

Article 12

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal or extradition proceedings in respect of the offences set forth in article 2, including assistance in obtaining evidence in their possession necessary for the proceedings.

2. States Parties may not refuse a request for mutual legal assistance on the ground of bank secrecy.

3. The requesting Party shall not transmit or use information or evidence furnished by the requested Party for investigations, prosecutions or proceedings other than those stated in the request without the prior consent of the requested Party.

4. Each State Party may give consideration to establishing mechanisms to share with other States Parties information or evidence needed to establish criminal, civil or administrative liability pursuant to article 5.


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5. States Parties shall carry out their obligations under paragraphs 1 and 2 in conformity with any treaties or other arrangements on mutual legal assistance or information exchange that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law.

Article 13

None of the offences set forth in article 2 shall be regarded, for the purposes of extradition or mutual legal assistance, as a fiscal offence. Accordingly, States Parties may not refuse a request for extradition or for mutual legal assistance on the sole ground that it concerns a fiscal offence.

Article 14

None of the offences set forth in article 2 shall be regarded for the purposes of extradition or mutual legal assistance as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

Article 15


Article 16

1. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences set forth in article 2 may be transferred if the following conditions are met:

(a) The person freely gives his or her informed consent;



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(d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State to which he or she was transferred.


Article 17

Any person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the law of the State in the territory of which that person is present and applicable provisions of international law, including international human rights law.

Article 18

1. States Parties shall cooperate in the prevention of the offences set forth in article 2 by taking all practicable measures, inter alia, by adapting their domestic legislation, if necessary, to prevent and counter preparations in their respective territories for the commission of those offences within or outside their territories, including:

(a) Measures to prohibit in their territories illegal activities of persons and organizations that knowingly encourage, instigate, organize or engage in the commission of offences set forth in article 2;

(b) Measures requiring financial institutions and other professions involved in financial transactions to utilize the most efficient measures available for the identification of their usual or occasional customers, as well as customers in whose interest accounts are opened, and to pay special attention to unusual or suspicious transactions and report


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transactions suspected of stemming from a criminal activity. For this purpose, States Parties shall consider:

(i) Adopting regulations prohibiting the opening of accounts, the holders or beneficiaries of which are unidentified or unidentifiable, and measures to ensure that such institutions verify the identity of the real owners of such transactions;

(ii) With respect to the identification of legal entities, requiring financial institutions, when necessary, to take measures to verify the legal existence and the structure of the customer by obtaining, either from a public register or from the customer or both, proof of incorporation, including information concerning the customer's name, legal form, address, directors and provisions regulating the power to bind the entity;

(iii) Adopting regulations imposing on financial institutions the obligation to report promptly to the competent authorities all complex, unusual large transactions and unusual patterns of transactions, which have no apparent economic or obviously lawful purpose, without fear of assuming criminal or civil liability for breach of any restriction on disclosure of information if they report their suspicions in good faith;

(iv) Requiring financial institutions to maintain, for at least five years, all necessary records on transactions, both domestic and international.

2. States Parties shall further cooperate in the prevention of offences set forth in article 2 by considering:

(a) Measures for the supervision, including, for example, the licensing, of all money-transmission agencies;

(b) Feasible measures to detect or monitor the physical cross-border transportation of cash and bearer negotiable instruments, subject to strict safeguards to ensure proper use of information and without impeding in any way the freedom of capital movements.

3. States Parties shall further cooperate in the prevention of the offences set forth in article 2 by exchanging accurate and verified information in accordance with their domestic law and coordinating administrative and other measures taken, as appropriate, to prevent the commission of offences set forth in article 2, in particular by:

(a) Establishing and maintaining channels of communication between their competent agencies and services to facilitate the secure and rapid exchange of information concerning all aspects of offences set forth in article 2;

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(b) Cooperating with one another in conducting inquiries, with respect to the offences set forth in article 2, concerning:

(i) The identity, whereabouts and activities of persons in respect of whom reasonable suspicion exists that they are involved in such offences;

(ii) The movement of funds relating to the commission of such offences.

4. States Parties may exchange information through the International Criminal Police Organization (Interpol).

Article 19

The State Party where the alleged offender is prosecuted shall, in accordance with its domestic law or applicable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Article 20


Article 21

Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes of the Charter of the United Nations, international humanitarian law and other relevant conventions.

Article 22

Nothing in this Convention entitles a State Party to undertake in the territory of another State Party the exercise of jurisdiction or performance of functions which are exclusively reserved for the authorities of that other State Party by its domestic law.

Article 23

1. The annex may be amended by the addition of relevant treaties:

(a) That are open to the participation of all States;

(b) That have entered into force;


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(c) That have been ratified, accepted, approved or acceded to by at least twenty-two States Parties to the present Convention.

2. After the entry into force of this Convention, any State Party may propose such an amendment. Any proposal for an amendment shall be communicated to the depositary in written form. The depositary shall notify proposals that meet the requirements of paragraph 1 to all States Parties and seek their views on whether the proposed amendment should be adopted.

3. The proposed amendment shall be deemed adopted unless one third of the States Parties object to it by a written notification not later than 180 days after its circulation.

4. The adopted amendment to the annex shall enter into force 30 days after the deposit of the twenty-second instrument of ratification, acceptance or approval of such amendment for all those States Parties that have deposited such an instrument. For each State Party ratifying, accepting or approving the amendment after the deposit of the twenty-second instrument, the amendment shall enter into force on the thirtieth day after deposit by such State Party of its instrument of ratification, acceptance or approval.

Article 24

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.

2. Each State may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by paragraph. The other States Parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation.

3. Any State which has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 25

1. This Convention shall be open for signature by all States from 10 January 2000 to 31 December 2001 at United Nations Headquarters in New York.


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Article 26


2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article 27

1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. 2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

Article 28

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations who shall send certified copies thereof to all States.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at United Nations Headquarters in New York on 10 January 2000.


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13. International Convention for the Suppression of Acts of Nuclear Terrorism, 2005

Adopted by the General Assembly of the United Nations on 13 April 2005 Entry into force on 7 July 2007 in accordance with Article 25 (1) U.N. Doc. A/RES/59/290 Depositary: Secretary-General of the United Nations


Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourliness and friendly relations and cooperation among States,

Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations of 24 October 1995,


Bearing in mind the Convention on the Physical Protection of Nuclear Material of 1980,


Recalling the Declaration on Measures to Eliminate International Terrorism annexed to General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, the States Members of the United Nations solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among States and peoples and threaten the territorial integrity and security of States,

Noting that the Declaration also encouraged States to review urgently the scope of the existing international legal provisions on the prevention, repression and elimination of terrorism in all its forms and manifestations, with the aim of ensuring that there is a comprehensive legal framework covering all aspects of the matter,

Recalling General Assembly resolution 51/210 of 17 December 1996 and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism annexed thereto,

Recalling also that, pursuant to General Assembly resolution 51/210, an ad hoc committee was established to elaborate, inter alia, an international convention for the

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suppression of acts of nuclear terrorism to supplement related existing international instruments,

Noting that acts of nuclear terrorism may result in the gravest consequences and may pose a threat to international peace and security,

Noting also that existing multilateral legal provisions do not adequately address those attacks,

Being convinced of the urgent need to enhance international cooperation between States in devising and adopting effective and practical measures for the prevention of such acts of terrorism and for the prosecution and punishment of their perpetrators,

Noting that the activities of military forces of States are governed by rules of international law outside of the framework of this Convention and that the exclusion of certain actions from the coverage of this Convention does not condone or make lawful otherwise unlawful acts, or preclude prosecution under other laws,


Article 1


1. "Radioactive material" means nuclear material and other radioactive substances which contain nuclides which undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and which may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment.

2. "Nuclear material" means plutonium, except that with isotopic concentration exceeding 80 per cent in plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore residue; or any material containing one or more of the foregoing;

Whereby "uranium enriched in the isotope 235 or 233" means uranium containing the isotope 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature.

3. "Nuclear facility" means:

(a) Any nuclear reactor, including reactors installed on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose;


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(b) Any plant or conveyance being used for the production, storage, processing or transport of radioactive material.

4. "Device" means:

(a) Any nuclear explosive device; or

(b) Any radioactive material dispersal or radiation-emitting device which may, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or to the environment.

5. "State or government facility" includes any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of a Government, the legislature or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.

6. "Military forces of a State" means the armed forces of a State which are organized, trained and equipped under its internal law for the primary purpose of national defence or security and persons acting in support of those armed forces who are under their formal command, control and responsibility.

Article 2

1. Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally:

(a) Possesses radioactive material or makes or possesses a device:

(i) With the intent to cause death or serious bodily injury; or

(ii) With the intent to cause substantial damage to property or to the environment;

(b) Uses in any way radioactive material or a device, or uses or damages a nuclear facility in a manner which releases or risks the release of radioactive material:

(i) With the intent to cause death or serious bodily injury; or

(ii) With the intent to cause substantial damage to property or to the environment; or

(iii) With the intent to compel a natural or legal person, an international organization or a State to do or refrain from doing an act.

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(a) Threatens, under circumstances which indicate the credibility of the threat, to commit an offence as set forth in paragraph 1 (b) of the present article; or

(b) Demands unlawfully and intentionally radioactive material, a device or a nuclear facility by threat, under circumstances which indicate the credibility of the threat, or by use of force.

3. Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1 of the present article.


(a) Participates as an accomplice in an offence as set forth in paragraph 1, 2 or 3 of the present article; or

(b) Organizes or directs others to commit an offence as set forth in paragraph 1, 2 or 3 of the present article; or

(c) In any other way contributes to the commission of one or more offences as set forth in paragraph 1, 2 or 3 of the present article by a group of persons acting with a common purpose; such contribution shall be intentional and either be made with the aim of furthering the general criminal activity or purpose of the group or be made in the knowledge of the intention of the group to commit the offence or offences concerned.

Article 3

This Convention shall not apply where the offence is committed within a single State, the alleged offender and the victims are nationals of that State, the alleged offender is found in the territory of that State and no other State has a basis under article 9, paragraph 1 or 2, to exercise jurisdiction, except that the provisions of articles 7, 12, 14, 15, 16 and 17 shall, as appropriate, apply in those cases.

Article 4

1. Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.

2. The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law are not governed by this Convention, and the activities undertaken by military forces of a State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention.


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3. The provisions of paragraph 2 of the present article shall not be interpreted as condoning or making lawful otherwise unlawful acts, or precluding prosecution under other laws.

4. This Convention does not address, nor can it be interpreted as addressing, in any way, the issue of the legality of the use or threat of use of nuclear weapons by States.

Article 5


(a) To establish as criminal offences under its national law the offences set forth in article 2;

(b) To make those offences punishable by appropriate penalties which take into account the grave nature of these offences.

Article 6

Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention, in particular where they are intended or calculated to provoke a state of terror in the general public or in a group of persons or particular persons, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature and are punished by penalties consistent with their grave nature.

Article 7

1. States Parties shall cooperate by:

(a) Taking all practicable measures, including, if necessary, adapting their national law, to prevent and counter preparations in their respective territories for the commission within or outside their territories of the offences set forth in article 2, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize, knowingly finance or knowingly provide technical assistance or information or engage in the perpetration of those offences;

(b) Exchanging accurate and verified information in accordance with their national law and in the manner and subject to the conditions specified herein, and coordinating administrative and other measures taken as appropriate to detect, prevent, suppress and investigate the offences set forth in article 2 and also in order to institute criminal proceedings against persons alleged to have committed those crimes. In particular, a State Party shall take appropriate measures in order to inform without delay the other States referred to in article 9 in respect of the commission of the offences set forth in article 2 as

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well as preparations to commit such offences about which it has learned, and also to inform, where appropriate, international organizations.

2. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions of this Convention from another State Party or through participation in an activity carried out for the implementation of this Convention. If States Parties provide information to international organizations in confidence, steps shall be taken to ensure that the confidentiality of such information is protected.

3. States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material.

4. States Parties shall inform the Secretary-General of the United Nations of their competent authorities and liaison points responsible for sending and receiving the information referred to in the present article. The Secretary-General of the United Nations shall communicate such information regarding competent authorities and liaison points to all States Parties and the International Atomic Energy Agency. Such authorities and liaison points must be accessible on a continuous basis.

Article 8

For purposes of preventing offences under this Convention, States Parties shall make every effort to adopt appropriate measures to ensure the protection of radioactive material, taking into account relevant recommendations and functions of the International Atomic Energy Agency.

Article 9


(a) The offence is committed in the territory of that State; or

(b) The offence is committed on board a vessel flying the flag of that State or an aircraft which is registered under the laws of that State at the time the offence is committed; or



(a) The offence is committed against a national of that State; or


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(b) The offence is committed against a State or government facility of that State abroad, including an embassy or other diplomatic or consular premises of that State; or

(c) The offence is committed by a stateless person who has his or her habitual residence in the territory of that State; or

(d) The offence is committed in an attempt to compel that State to do or abstain from doing any act; or


3. Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established under its national law in accordance with paragraph 2 of the present article. Should any change take place, the State Party concerned shall immediately notify the Secretary-General.

4. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of the present article.

5. This Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its national law.

Article 10

1. Upon receiving information that an offence set forth in article 2 has been committed or is being committed in the territory of a State Party or that a person who has committed or who is alleged to have committed such an offence may be present in its territory, the State Party concerned shall take such measures as may be necessary under its national law to investigate the facts contained in the information.

2. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its national law so as to ensure that person's presence for the purpose of prosecution or extradition.

3. Any person regarding whom the measures referred to in paragraph 2 of the present article are being taken shall be entitled:

(a) To communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;

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(b) To be visited by a representative of that State;

(c) To be informed of that person's rights under subparagraphs (a) and (b).

4. The rights referred to in paragraph 3 of the present article shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

5. The provisions of paragraphs 3 and 4 of the present article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 9, paragraph 1 (c) or 2 (c), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

6. When a State Party, pursuant to the present article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of the United Nations, the States Parties which have established jurisdiction in accordance with article 9, paragraphs 1 and 2, and, if it considers it advisable, any other interested States Parties, of the fact that that person is in custody and of the circumstances which warrant that person's detention. The State which makes the investigation contemplated in paragraph 1 of the present article shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction.

Article 11


2. Whenever a State Party is permitted under its national law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this State and the State seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1 of the present article.


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Article 12

Any person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the law of the State in the territory of which that person is present and applicable provisions of international law, including international law of human rights.

Article 13

1. The offences set forth in article 2 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties before the entry into force of this Convention. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them.




5. The provisions of all extradition treaties and arrangements between States Parties with regard to offences set forth in article 2 shall be deemed to be modified as between States Parties to the extent that they are incompatible with this Convention.

Article 14

1. States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 2, including assistance in obtaining evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their national law.

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Article 15

None of the offences set forth in article 2 shall be regarded, for the purposes of extradition or mutual legal assistance, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

Article 16

Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance if the requested State Party has substantial grounds for believing that the request for extradition for offences set forth in article 2 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person's position for any of these reasons.

Article 17

1. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of testimony, identification or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences under this Convention may be transferred if the following conditions are met:

(a) The person freely gives his or her informed consent; and







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(d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State to which he or she was transferred.


Article 18

1. Upon seizing or otherwise taking control of radioactive material, devices or nuclear facilities, following the commission of an offence set forth in article 2, the State Party in possession of such items shall:

(a) Take steps to render harmless the radioactive material, device or nuclear facility;

(b) Ensure that any nuclear material is held in accordance with applicable International Atomic Energy Agency safeguards; and (c) Have regard to physical protection recommendations and health and safety standards published by the International Atomic Energy Agency.

2. Upon the completion of any proceedings connected with an offence set forth in article 2, or sooner if required by international law, any radioactive material, device or nuclear facility shall be returned, after consultations (in particular, regarding modalities of return and storage) with the States Parties concerned to the State Party to which it belongs, to the State Party of which the natural or legal person owning such radioactive material, device or facility is a national or resident, or to the State Party from whose territory it was stolen or otherwise unlawfully obtained.

3. (a) Where a State Party is prohibited by national or international law from returning or accepting such radioactive material, device or nuclear facility or where the States Parties concerned so agree, subject to paragraph 3 ( b) of the present article, the State Party in possession of the radioactive material, devices or nuclear facilities shall continue to take the steps described in paragraph 1 of the present article; such radioactive material, devices or nuclear facilities shall be used only for peaceful purposes;

(b) Where it is not lawful for the State Party in possession of the radioactive material, devices or nuclear facilities to possess them, that State shall ensure that they are placed as soon as possible in the possession of a State for which such possession is lawful and which, where appropriate, has provided assurances consistent with the requirements of paragraph 1 of the present article in consultation with that State, for the purpose of rendering it harmless; such radioactive material, devices or nuclear facilities shall be used only for peaceful purposes.

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4. If the radioactive material, devices or nuclear facilities referred to in paragraphs 1 and 2 of the present article do not belong to any of the States Parties or to a national or resident of a State Party or was not stolen or otherwise unlawfully obtained from the territory of a State Party, or if no State is willing to receive such items pursuant to paragraph 3 of the present article, a separate decision concerning its disposition shall, subject to paragraph 3 (b) of the present article, be taken after consultations between the States concerned and any relevant international organizations.

5. For the purposes of paragraphs 1, 2, 3 and 4 of the present article, the State Party in possession of the radioactive material, device or nuclear facility may request the assistance and cooperation of other States Parties, in particular the States Parties concerned, and any relevant international organizations, in particular the International Atomic Energy Agency. States Parties and the relevant international organizations are encouraged to provide assistance pursuant to this paragraph to the maximum extent possible.

6. The States Parties involved in the disposition or retention of the radioactive material, device or nuclear facility pursuant to the present article shall inform the Director General of the International Atomic Energy Agency of the manner in which such an item was disposed of or retained. The Director General of the International Atomic Energy Agency shall transmit the information to the other States Parties.

7. In the event of any dissemination in connection with an offence set forth in article 2, nothing in the present article shall affect in any way the rules of international law governing liability for nuclear damage, or other rules of international law.

Article 19

The State Party where the alleged offender is prosecuted shall, in accordance with its national law or applicable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Article 20

States Parties shall conduct consultations with one another directly or through the Secretary-General of the United Nations, with the assistance of international organizations as necessary, to ensure effective implementation of this Convention.

Article 21



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Article 22

Nothing in this Convention entitles a State Party to undertake in the territory of another State Party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other State Party by its national law.

Article 23

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months of the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.

2. Each State may, at the time of signature, ratification, acceptance or approval of this Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of the present article. The other States Parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation.

3. Any State which has made a reservation in accordance with paragraph 2 of the present article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 24

1. This Convention shall be open for signature by all States from 14 September 2005 until 31 December 2006 at United Nations Headquarters in New York.



Article 25


2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession,

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the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article 26

1. A State Party may propose an amendment to this Convention. The proposed amendment shall be submitted to the depositary, who circulates it immediately to all States Parties.

2. If the majority of the States Parties request the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to attend such a conference to begin no sooner than three months after the invitations are issued.

3. The conference shall make every effort to ensure amendments are adopted by consensus. Should this not be possible, amendments shall be adopted by a two-thirds majority of all States Parties. Any amendment adopted at the conference shall be promptly circulated by the depositary to all States Parties.

4. The amendment adopted pursuant to paragraph 3 of the present article shall enter into force for each State Party that deposits its instrument of ratification, acceptance, accession or approval of the amendment on the thirtieth day after the date on which two thirds of the States Parties have deposited their relevant instrument. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day after the date on which that State deposits its relevant instrument.

Article 27



Article 28

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at United Nations Headquarters in New York on 14 September 2005.


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14. Amendment to the Convention on the Physical Protection of Nuclear Material, 2005

Signed in Vienna on 8 July 2005 Entry into force in accordance with Article 20 paragraph 2 Depositary: Director General of the International Atomic Energy Agency

Article 1

The Title of the Convention on the Physical Protection of Nuclear Material adopted on 26 October 1979 (hereinafter referred to as "the Convention") is replaced by the following title: Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

Article 2

The Preamble of the Convention is replaced by the following text:



Convinced of the need to facilitate international co-operation and the transfer of nuclear technology for the peaceful application of nuclear energy,

Bearing in mind that physical protection is of vital importance for the protection of public health, safety, the environment and national and international security,

Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good neighbourliness and friendly relations and co-operation among States,

Considering that under the terms of paragraph 4 of Article 2 of the Charter of the United Nations, "All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations,"

Recalling the Declaration on Measures to Eliminate International Terrorism, annexed to General Assembly resolution 49/60 of 9 December 1994,

Desiring to avert the potential dangers posed by illicit trafficking, the unlawful taking and use of nuclear material and the sabotage of nuclear material and nuclear facilities, and noting that physical protection against such acts has become a matter of increased national and international concern,

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Deeply concerned by the worldwide escalation of acts of terrorism in all its forms and manifestations, and by the threats posed by international terrorism and organized crime,

Believing that physical protection plays an important role in supporting nuclear 113 nonproliferation and counter-terrorism objectives,

Desiring through this Convention to contribute to strengthening worldwide the physical protection of nuclear material and nuclear facilities used for peaceful purposes,

Convinced that offences relating to nuclear material and nuclear facilities are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures, or to strengthen existing measures, to ensure the prevention, detection and punishment of such offences,

Desiring to strengthen further international co-operation to establish, in conformity with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material and nuclear facilities,

Convinced that this Convention should complement the safe use, storage and transport of nuclear material and the safe operation of nuclear facilities,

Recognizing that there are internationally formulated physical protection recommendations that are updated from time to time which can provide guidance on contemporary means of achieving effective levels of physical protection,

Recognizing also that effective physical protection of nuclear material and nuclear facilities used for military purposes is a responsibility of the State possessing such nuclear material and nuclear facilities, and understanding that such material and facilities are and will continue to be accorded stringent physical protection,


Article 3

In Article 1 of the Convention, after paragraph (c), two new paragraphs are added as follows:

(d) "nuclear facility" means a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;

(e) "sabotage" means any deliberate act directed against a nuclear facility or nuclear material in use, storage or transport which could directly or indirectly endanger


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the health and safety of personnel, the public or the environment by exposure to radiation or release of radioactive substances.

Article 4

After Article 1 of the Convention, a new Article 1A is added as follows:

Article 1A

The purposes of this Convention are to achieve and maintain worldwide effective physical 114 protection of nuclear material used for peaceful purposes and of nuclear facilities used for peaceful purposes; to prevent and combat offences relating to such material and facilities worldwide; as well as to facilitate co-operation among States Parties to those ends.

Article 5

Article 2 of the Convention is replaced by the following text:

1. This Convention shall apply to nuclear material used for peaceful purposes in use, storage and transport and to nuclear facilities used for peaceful purposes, provided, however, that articles 3 and 4 and paragraph 4 of article 5 of this Convention shall only apply to such nuclear material while in international nuclear transport.

2. The responsibility for the establishment, implementation and maintenance of a physical protection regime within a State Party rests entirely with that State.

3. Apart from the commitments expressly undertaken by States Parties under this Convention, nothing in this Convention shall be interpreted as affecting the sovereign rights of a State.

4. (a) Nothing in this Convention shall affect other rights, obligations and responsibilities of States Parties under international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.

(b) The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Convention, and the activities undertaken by the military forces of a State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention.

(c) Nothing in this Convention shall be construed as a lawful authorization to use or threaten to use force against nuclear material or nuclear facilities used for peaceful purposes.

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(d) Nothing in this Convention condones or makes lawful otherwise unlawful acts, nor precludes prosecution under other laws.

5. This Convention shall not apply to nuclear material used or retained for military purposes or to a nuclear facility containing such material.

Article 6


Article 2A

1. Each State Party shall establish, implement and maintain an appropriate physical protection regime applicable to nuclear material and nuclear facilities under its jurisdiction, with the aim of:

(a) protecting against theft and other unlawful taking of nuclear material in use, storage 115 and transport;

(b) ensuring the implementation of rapid and comprehensive measures to locate and, where appropriate, recover missing or stolen nuclear material; when the material is located outside its territory, that State Party shall act in accordance with article 5;

(c) protecting nuclear material and nuclear facilities against sabotage; and

(d) mitigating or minimizing the radiological consequences of sabotage.

2. In implementing paragraph 1, each State Party shall:

(a) establish and maintain a legislative and regulatory framework to govern physical protection;

(b) establish or designate a competent authority or authorities responsible for the implementation of the legislative and regulatory framework; and

(c) take other appropriate measures necessary for the physical protection of nuclear material and nuclear facilities.

3. In implementing the obligations under paragraphs 1 and 2, each State Party shall, without prejudice to any other provisions of this Convention, apply insofar as is reasonable and practicable the following Fundamental Principles of Physical Protection of Nuclear Material and Nuclear Facilities.


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FUNDAMENTAL PRINCIPLE A: Responsibility of the State

The responsibility for the establishment, implementation and maintenance of a physical protection regime within a State rests entirely with that State.

FUNDAMENTAL PRINCIPLE B: Responsibilities During International Transport

The responsibility of a State for ensuring that nuclear material is adequately protected extends to the international transport thereof, until that responsibility is properly transferred to another State, as appropriate.

FUNDAMENTAL PRINCIPLE C: Legislative and Regulatory Framework

The State is responsible for establishing and maintaining a legislative and regulatory framework to govern physical protection. This framework should provide for the establishment of applicable physical protection requirements and include a system of evaluation and licensing or other procedures to grant authorization. This framework should include a system of inspection of nuclear facilities and transport to verify compliance with applicable requirements and conditions of the license or other authorizing document, and to establish a means to enforce applicable requirements and conditions, including effective sanctions.

FUNDAMENTAL PRINCIPLE D: Competent Authority

The State should establish or designate a competent authority which is responsible for the 116 implementation of the legislative and regulatory framework, and is provided with adequate authority, competence and financial and human resources to fulfill its assigned responsibilities. The State should take steps to ensure an effective independence between the functions of the State's competent authority and those of any other body in charge of the promotion or utilization of nuclear energy.

FUNDAMENTAL PRINCIPLE E: Responsibility of the License Holders

The responsibilities for implementing the various elements of physical protection within a State should be clearly identified. The State should ensure that the prime responsibility for the implementation of physical protection of nuclear material or of nuclear facilities rests with the holders of the relevant licenses or of other authorizing documents (e.g., operators or shippers).

FUNDAMENTAL PRINCIPLE F: Security Culture

All organizations involved in implementing physical protection should give due priority to the security culture, to its development and maintenance necessary to ensure its effective implementation in the entire organization.

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FUNDAMENTAL PRINCIPLE G: Threat

The State's physical protection should be based on the State's current evaluation of the threat.

FUNDAMENTAL PRINCIPLE H: Graded Approach

Physical protection requirements should be based on a graded approach, taking into account the current evaluation of the threat, the relative attractiveness, the nature of the material and potential consequences associated with the unauthorized removal of nuclear material and with the sabotage against nuclear material or nuclear facilities.

FUNDAMENTAL PRINCIPLE I: Defence in Depth

The State's requirements for physical protection should reflect a concept of several layers and methods of protection (structural or other technical, personnel and organizational) that have to be overcome or circumvented by an adversary in order to achieve his objectives.

FUNDAMENTAL PRINCIPLE J: Quality Assurance

A quality assurance policy and quality assurance programmes should be established and implemented with a view to providing confidence that specified requirements for all activities important to physical protection are satisfied.

FUNDAMENTAL PRINCIPLE K: Contingency Plans

Contingency (emergency) plans to respond to unauthorized removal of nuclear material or sabotage of nuclear facilities or nuclear material, or attempts thereof, should be prepared and appropriately exercised by all license holders and authorities concerned. 117

FUNDAMENTAL PRINCIPLE L: Confidentiality

The State should establish requirements for protecting the confidentiality of information, the unauthorized disclosure of which could compromise the physical protection of nuclear material and nuclear facilities.

4. (a) The provisions of this article shall not apply to any nuclear material which the State Party reasonably decides does not need to be subject to the physical protection regime established pursuant to paragraph 1, taking into account the nature of the material, its quantity and relative attractiveness and the potential radiological and other consequences associated with any unauthorized act directed against it and the current evaluation of the threat against it.


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(b) Nuclear material which is not subject to the provisions of this article pursuant to subparagraph (a) should be protected in accordance with prudent management practice.

Article 7


1. States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their point of contact in relation to matters within the scope of this Convention.

2. In the case of theft, robbery or any other unlawful taking of nuclear material or credible threat thereof, States Parties shall, in accordance with their national law, provide co-operation and assistance to the maximum feasible extent in the recovery and protection of such material to any State that so requests. In particular:

(a) A State Party shall take appropriate steps to inform as soon as possible other States, which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof, and to inform, where appropriate, the International Atomic Energy Agency and other relevant international organizations;

(b) in doing so, as appropriate, the States Parties concerned shall exchange information with each other, the International Atomic Energy Agency and other relevant international organizations with a view to protecting threatened nuclear material, verifying the integrity of the shipping container or recovering unlawfully taken nuclear material and shall:

(i) co-ordinate their efforts through diplomatic and other agreed channels;

(ii) render assistance, if requested;

(iii) ensure the return of recovered nuclear material stolen or missing as a consequence of the above-mentioned events.

The means of implementation of this co-operation shall be determined by the States Parties concerned.

3. In the case of a credible threat of sabotage of nuclear material or a nuclear facility 118 or in the case of sabotage thereof, States Parties shall, to the maximum feasible extent, in accordance with their national law and consistent with their relevant obligations under international law, cooperate as follows:

(a) if a State Party has knowledge of a credible threat of sabotage of nuclear material or a nuclear facility in another State, the former shall decide on appropriate

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steps to be taken in order to inform that State as soon as possible and, where appropriate, the International Atomic Energy Agency and other relevant international organizations of that threat, with a view to preventing the sabotage;

(b) in the case of sabotage of nuclear material or a nuclear facility in a State Party and if in its view other States are likely to be radiologically affected, the former, without prejudice to its other obligations under international law, shall take appropriate steps to inform as soon as possible the State or the States which are likely to be radiologically affected and to inform, where appropriate, the International Atomic Energy Agency and other relevant international organizations, with a view to minimizing or mitigating the radiological consequences thereof;

(c) if in the context of sub-paragraphs (a) and (b), a State Party requests assistance, each State Party to which a request for assistance is directed shall promptly decide and notify the requesting State Party, directly or through the International Atomic Energy Agency, whether it is in a position to render the assistance requested and the scope and terms of the assistance that may be rendered;

(d) co-ordination of the co-operation under sub-paragraphs (a) to (c) shall be through diplomatic or other agreed channels. The means of implementation of this cooperation shall be determined bilaterally or multilaterally by the States Parties concerned.

4. States Parties shall co-operate and consult, as appropriate, with each other directly or through the International Atomic Energy Agency and other relevant international organizations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport.

5. A State Party may consult and co-operate, as appropriate, with other States Parties directly or through the International Atomic Energy Agency and other relevant international organizations, with a view to obtaining their guidance on the design, maintenance and improvement of its national system of physical protection of nuclear material in domestic use, storage and transport and of nuclear facilities.

Article 8


1. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions of this Convention from another State Party or through participation in an activity carried out for the implementation of this Convention. If States Parties provide information to international organizations or to States that are not parties to this 119 Convention in confidence, steps shall be taken to ensure that the


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confidentiality of such information is protected. A State Party that has received information in confidence from another State Party may provide this information to third parties only with the consent of that other State Party.

2. States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material or nuclear facilities.

Article 9

Paragraph 1 of Article 7 of the Convention is replaced by the following text:


(a) an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property or to the environment;

(b) a theft or robbery of nuclear material;

(c) an embezzlement or fraudulent obtaining of nuclear material;

(d) an act which constitutes the carrying, sending, or moving of nuclear material into or out of a State without lawful authority;

(e) an act directed against a nuclear facility, or an act interfering with the operation of a nuclear facility, where the offender intentionally causes, or where he knows that the act is likely to cause, death or serious injury to any person or substantial damage to property or to the environment by exposure to radiation or release of radioactive substances, unless the act is undertaken in conformity with the national law of the State Party in the territory of which the nuclear facility is situated;

(f) an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;

(g) a threat:

(i) to use nuclear material to cause death or serious injury to any person or substantial damage to property or to the environment or to commit the offence described in sub-paragraph (e), or (ii) (ii) to commit an offence described in sub-paragraphs (b) and (e) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act;

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(h) an attempt to commit any offence described in sub-paragraphs (a) to (e);

(i) an act which constitutes participation in any offence described in sub-paragraphs 120 (a) to (h);

(j) an act of any person who organizes or directs others to commit an offence described in sub-paragraphs (a) to (h); and

(k) an act which contributes to the commission of any offence described in sub-paragraphs (a) to (h) by a group of persons acting with a common purpose; such act shall be intentional and shall either:

(i) be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence described in sub-paragraphs (a) to (g), or (ii) (ii) be made in the knowledge of the intention of the group to commit an offence described in sub-paragraphs (a) to (g) shall be made a punishable offence by each State Party under its national law.

Article 10

After Article 11 of the Convention, two new articles, Article 11A and Article 11B, are added as follows:

Article 11A

None of the offences set forth in article 7 shall be regarded for the purposes of extradition or mutual legal assistance, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

Article 11B


Article 11



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Article 13A

Nothing in this Convention shall affect the transfer of nuclear technology for peaceful purposes that is undertaken to strengthen the physical protection of nuclear material and nuclear facilities. 121

Article 12

Paragraph 3 of Article 14 of the Convention is replaced by the following text:

3. Where an offence involves nuclear material in domestic use, storage or transport, and both the alleged offender and the nuclear material remain in the territory of the State Party in which the offence was committed, or where an offence involves a nuclear facility and the alleged offender remains in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpreted as requiring that State Party to provide information concerning criminal proceedings arising out of such an offence.

Article 13


1. A conference of States Parties shall be convened by the depositary five years after the entry into force of the Amendment adopted on 8 July 2005 to review the implementation of this Convention and its adequacy as concerns the preamble, the whole of the operative part and the annexes in the light of the then prevailing situation. 2. At intervals of not less than five years thereafter, the majority of States Parties may obtain, by submitting a proposal to this effect to the depositary, the convening of further conferences with the same objective.

Article 14

Footnote b/ of Annex II of the Convention is replaced by the following text:

b) Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 1 gray/hour (100 rads/hour) at one metre unshielded. 15.

Footnote e/ of Annex II of the Convention is replaced by the following text:

e) Other fuel which by virtue of its original fissile material content is classified as Category I and II before irradiation may be reduced one category level while the radiation level from the fuel exceeds 1 gray/hour (100 rads/hour) at one metre unshielded.

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15. Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005

Signed in London on 14 October 2005 Entry into force in accordance with Article 18 of the Protocol Depositary: Secretary-General of the International Maritime Organisation Text adopted by the Conference

PREAMBLE

The States Parties to this Protocol,

Being Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Done at Rome on 10 March 1988,

Acknowledging that terrorist acts threaten international peace and security,

Mindful of resolution A.924(22) of the Assembly of the International Maritime Organization requesting the revision of existing international legal and technical measures and the consideration of new measures in order to prevent and suppress terrorism against ships and to improve security aboard and ashore, and thereby to reduce the risk to passengers, crews and port personnel on board ships and in port areas and to vessels and their cargoes,

Conscious of the Declaration on Measures to Eliminate International Terrorism, annexed to United Nations General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, the States Members of the United Nations solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among States and peoples and threaten the territorial integrity and security of States,

Noting United Nations General Assembly resolution 51/210 of 17 December 1996 and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism annexed thereto,

Recalling resolutions 1368 (2001) and 1373 (2001) of the United Nations Security Council, which reflect international will to combat terrorism in all its forms and manifestations, and which assigned tasks and responsibilities to States, and taking into account the continued threat from terrorist attacks,

For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.


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Recalling also resolution 1540 (2004) of the United Nations Security Council, which recognizes the urgent need for all States to take additional effective measures to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery,

Recalling further the Convention on Offences and Certain Other Acts Committed 123 on Board Aircraft, Done at Tokyo on 14 September 1963; the Convention for the Suppression of Unlawful Seizure of Aircraft, Done at The Hague on 16 December 1970; the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971; the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973; the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979; the Convention on the Physical Protection of Nuclear Material, Done at Vienna on 26 October 1979 and amendments thereto adopted on 8 July 2005; the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 24 February 1988; the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, Done at Rome on 10 March 1988; the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991; the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997; the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999, and the International Convention for the Suppression of Acts of Nuclear Terrorism adopted by the General Assembly of the United Nations on 13 April 2005,

Bearing in mind the importance of the United Nations Convention on the Law of the Sea Done at Montego Bay, on 10 December 1982, and of the customary international law of the sea,

Considering resolution 59/46 of the United Nations General Assembly, which reaffirmed that international co-operation as well as actions by States to combat terrorism should be conducted in conformity with the principles of the Charter of the United Nations, international law and relevant international conventions, and resolution 59/24 of the United Nations General Assembly, which urged States to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol, invited States to participate in the review of those instruments by the Legal Committee of the International Maritime Organization to strengthen the means of combating such unlawful acts, including terrorist acts, and also urged States to take appropriate measures to ensure the effective implementation of those instruments, in particular through the adoption of legislation, where appropriate, aimed at ensuring that there is a proper framework for responses to incidents of armed robbery and terrorist acts at sea,

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Considering also the importance of the amendments to the International Convention for the Safety of Life at Sea, 1974, and of the International Ship and Port Facility Security (ISPS) Code, both adopted by the 2002 Conference of Contracting Governments to that Convention, in establishing an appropriate international technical framework involving co-operation between Governments, Government agencies, national and local administrations and the shipping and port industries to detect security threats and take preventative measures against security incidents affecting ships or port facilities used in 124 international trade,

Considering further resolution 58/187 of the United Nations General Assembly, which reaffirmed that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law,

Believing that it is necessary to adopt provisions supplementary to those of the Convention, to suppress additional terrorist acts of violence against the safety and security of international maritime navigation and to improve its effectiveness,


Article 1

For the purposes of this Protocol:

"Convention" means the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Done at Rome on 10 March 1988. 2 "Organization" means the International Maritime Organization (IMO). 3 "Secretary-General" means the Secretary-General of the Organization.

Article 2

Article 1 of the Convention is amended to read as follows:

Article 1

1. For the purposes of this Convention:

(a) "ship" means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.

(b) "transport" means to initiate, arrange or exercise effective control, including decision-making authority, over the movement of a person or item.


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(c) "serious injury or damage" means:

(i) serious bodily injury; or

(ii) extensive destruction of a place of public use, State or government facility, infrastructure facility, or public transportation system, resulting in major economic loss; or

(iii) substantial damage to the environment, including air, soil, water, fauna, or flora.

(d) "BCN weapon" means:

(i) "biological weapons", which are:

(1) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; or

(2) weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.

(ii) "chemical weapons", which are, together or separately:

(1) toxic chemicals and their precursors, except where intended for:

(a) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; or

(b) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; or

(c) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or

(d) law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes;

(2) munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (ii)(1), which would be released as a result of the employment of such munitions and devices;

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(3) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (ii)(2).

(iii) nuclear weapons and other nuclear explosive devices.

(e) "toxic chemical" means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.

(f) "precursor" means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multi component chemical system.

(g) "Organization" means the International Maritime Organization (IMO).

(h) "Secretary-General" means the Secretary-General of the Organization.

2. For the purposes of this Convention:

(a) the terms "place of public use", "State or government facility", "infrastructure facility", and "public transportation system" have the same meaning as given to those terms in the International Convention for the Suppression of Terrorist Bombings, Done at New York on 15 December 1997; and

(b) the terms "source material" and "special fissionable material" have the same meaning as given to those terms in the Statute of the International Atomic Energy Agency (IAEA), Done at New York on 26 October 1956.

Article 3

The following text is added as article 2bis of the Convention:

Article 2bis

1. Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes and principles of the Charter of the United Nations and international human rights, refugee and humanitarian law.

2. This Convention does not apply to the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, and the activities undertaken by military forces of a State in


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the exercise of their official duties, inasmuch as they are governed by other rules of international law.

3. Nothing in this Convention shall affect the rights, obligations and responsibilities under the Treaty on the Non-Proliferation of Nuclear Weapons, Done at Washington, London and Moscow on 1 July 1968, the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, Done at Washington, London and Moscow on 10 April 1972, or the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, Done at Paris on 13 January 1993, of States Parties to such treaties.

Article 4

1. The chapeau of article 3, paragraph 1 of the Convention is replaced by the following text: Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally:

2. Article 3, paragraph 1(f) of the Convention is replaced by the following text:

(f) communicates information which that person knows to be false, thereby endangering the safe navigation of a ship.

3. Article 3, paragraph 1(g) of the Convention is deleted.

4. Article 3, paragraph 2 of the Convention is replaced by the following text:

2. Any person also commits an offence if that person threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraphs 1 (b), (c), and (e), if that threat is likely to endanger the safe navigation of the ship in question.

5. The following text is added as article 3bis of the Convention:

Article 3bis

1. Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally:

(a) when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act:

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(i) uses against or on a ship or discharges from a ship any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death or serious injury or damage; or

(ii) discharges, from a ship, oil, liquefied natural gas, or other hazardous or noxious substance, which is not covered by subparagraph (a)(i), in such quantity or concentration that causes or is likely to cause death or serious injury or damage; or

(iii) uses a ship in a manner that causes death or serious injury or damage; or

(iv) threatens, with or without a condition, as is provided for under national law, to commit an offence set forth in subparagraph (a)(i), (ii) or (iii); or

(b) transports on board a ship:

(i) any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, with or without a condition, as is provided for under national law, death or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organization to do or to abstain from doing any act; or

(ii) any BCN weapon, knowing it to be a BCN weapon as defined in article 1; or

(iii) any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an IAEA comprehensive safeguards agreement; or

(iv) any equipment, materials or software or related technology that significantly contributes to the design, manufacture or delivery of a BCN weapon, with the 128 intention that it will be used for such purpose.

2. It shall not be an offence within the meaning of this Convention to transport an item or material covered by paragraph 1(b)(iii) or, insofar as it relates to a nuclear weapon or other nuclear explosive device, paragraph 1(b)(iv), if such item or material is transported to or from the territory of, or is otherwise transported under the control of, a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons where:


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(a) the resulting transfer or receipt, including internal to a State, of the item or material is not contrary to such State Party's obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and,

(b) if the item or material is intended for the delivery system of a nuclear weapon or other nuclear explosive device of a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons, the holding of such weapon or device is not contrary to that State Party's obligations under that Treaty.

6. The following text is added as article 3ter of the Convention:

Article 3ter

Any person commits an offence within the meaning of this Convention if that person unlawfully and intentionally transports another person on board a ship knowing that the person has committed an act that constitutes an offence set forth in article 3, 3bis or 3quater or an offence set forth in any treaty listed in the Annex, and intending to assist that person to evade criminal prosecution.

7. The following text is added as article 3quater of the Convention:

Article 3quater

Any person also commits an offence within the meaning of this Convention if that person:

(a) unlawfully and intentionally injures or kills any person in connection with the commission of any of the offences set forth in article 3, paragraph 1, article 3bis, or article 3ter; or

(b) attempts to commit an offence set forth in article 3, paragraph 1, article 3bis, paragraph 1(a)(i), (ii) or (iii) , or subparagraph (a) of this article; or

(c) participates as an accomplice in an offence set forth in article 3, article 3bis, article 3ter, or subparagraph (a) or (b) of this article; or

(d) organizes or directs others to commit an offence set forth in article 3, article 3bis, article 3ter, or subparagraph (a) or (b) of this article; or

(e) contributes to the commission of one or more offences set forth in article 3, article 3bis, article 3ter or subparagraph (a) or (b) of this article, by a group of persons acting with a common purpose, intentionally and either:

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(i) with the aim of furthering the criminal activity or criminal purpose of the 129 group, where such activity or purpose involves the commission of an offence set forth in article 3, 3bis or 3ter; or

(ii) in the knowledge of the intention of the group to commit an offence set forth in article 3, 3bis or 3ter.

Article 5

1. Article 5 of the Convention is replaced by the following text: Each State Party shall make the offences set forth in articles 3, 3bis, 3ter and 3quater punishable by appropriate penalties which take into account the grave nature of those offences.


Article 5bis

1. Each State Party, in accordance with its domestic legal principles, shall take the necessary measures to enable a legal entity located in its territory or organized under its laws to be held liable when a person responsible for management or control of that legal entity has, in that capacity, committed an offence set forth in this Convention. Such liability may be criminal, civil or administrative.

2. Such liability is incurred without prejudice to the criminal liability of individuals having committed the offences.

3. Each State Party shall ensure, in particular, that legal entities liable in accordance with paragraph 1 are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions.

Article 6

The chapeau of article 6, paragraph 1 of the Convention is replaced by the following text:

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater when the offence is committed:


3. Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.


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5. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater in cases where the alleged offender is present in its territory and it does not extradite the alleged offender to any of the States Parties which have established their jurisdiction in accordance with 130 paragraphs 1 and 2 of this article.

Article 7

The following text is added as the Annex to the Convention:

Annex

1. Convention for the Suppression of Unlawful Seizure of Aircraft, Done at The Hague on 16 December 1970.

2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971.

3. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973.

4. International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.

5. Convention on the Physical Protection of Nuclear Material, Done at Vienna on 26 October 1979.

6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 24 February 1988.

7. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, Done at Rome on 10 March 1988.

8. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

9. International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999.

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Article 8

1. Article 8, paragraph 1 of the Convention is replaced by the following text: The master of a ship of a State Party (the "flag State") may deliver to the authorities of any other State Party (the "receiving State") any person who the master has reasonable grounds to believe has committed an offence set forth in article 3, 3bis, 3ter, or 3quater.


Article 8bis

1. States Parties shall co-operate to the fullest extent possible to prevent and suppress unlawful acts covered by this Convention, in conformity with international law, and shall 131 respond to requests pursuant to this article as expeditiously as possible.

2. Each request pursuant to this article should, if possible, contain the name of the suspect ship, the IMO ship identification number, the port of registry, the ports of origin and destination, and any other relevant information. If a request is conveyed orally, the requesting Party shall confirm the request in writing as soon as possible. The requested Party shall acknowledge its receipt of any written or oral request immediately.

3. States Parties shall take into account the dangers and difficulties involved in boarding a ship at sea and searching its cargo, and give consideration to whether other appropriate measures agreed between the States concerned could be more safely taken in the next port of call or elsewhere.

4. A State Party that has reasonable grounds to suspect that an offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed involving a ship flying its flag, may request the assistance of other States Parties in preventing or suppressing that offence. The States Parties so requested shall use their best endeavours to render such assistance within the means available to them.

5. Whenever law enforcement or other authorized officials of a State Party ("the requesting Party") encounter a ship flying the flag or displaying marks of registry of another State Party ("the first Party") located seaward of any State's territorial sea, and the requesting Party has reasonable grounds to suspect that the ship or a person on board the ship has been, is or is about to be involved in the commission of an offence set forth in article 3, 3bis, 3ter or 3quater, and the requesting Party desires to board,

(a) it shall request, in accordance with paragraphs 1 and 2 that the first Party confirm the claim of nationality, and


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(b) if nationality is confirmed, the requesting Party shall ask the first Party (hereinafter referred to as "the flag State") for authorization to board and to take appropriate measures with regard to that ship which may include stopping, boarding and searching the ship, its cargo and persons on board, and questioning the persons on board in order to determine if an offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed, and

(c) the flag State shall either:

(i) authorize the requesting Party to board and to take appropriate measures set out in subparagraph (b), subject to any conditions it may impose in accordance with paragraph 7; or

(ii) conduct the boarding and search with its own law enforcement or other officials; or

(iii) conduct the boarding and search together with the requesting Party, subject to any conditions it may impose in accordance with paragraph 7; or

(iv) decline to authorize a boarding and search.

The requesting Party shall not board the ship or take measures set out in subparagraph (b) without the express authorization of the flag State.

(d) Upon or after depositing its instrument of ratification, acceptance, approval or accession, a State Party may notify the Secretary-General that, with respect to ships flying its flag or displaying its mark of registry, the requesting Party is granted authorization to board and search the ship, its cargo and persons on board, and to question the persons on board in order to locate and examine documentation of its nationality and determine if an offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed, if there is no response from the first Party within four hours of acknowledgement of receipt of a request to confirm nationality.

(e) Upon or after depositing its instrument of ratification, acceptance, approval or accession, a State Party may notify the Secretary-General that, with respect to ships flying its flag or displaying its mark of registry, the requesting Party is authorized to board and search a ship, its cargo and persons on board, and to question the persons on board in order to determine if an offence set forth in article 3, 3bis, 3ter or 3quater has been, is being or is about to be committed. The notifications made pursuant to this paragraph can be withdrawn at any time.

6. When evidence of conduct described in article 3, 3bis, 3ter or 3quater is found as the result of any boarding conducted pursuant to this article, the flag State may authorize the requesting Party to detain the ship, cargo and persons on board pending

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receipt of disposition instructions from the flag State. The requesting Party shall promptly inform the flag State of the results of a boarding, search, and detention conducted pursuant to this article. The requesting Party shall also promptly inform the flag State of the discovery of evidence of illegal conduct that is not subject to this Convention.

7. The flag State, consistent with the other provisions of this Convention, may subject its authorization under paragraph 5 or 6 to conditions, including obtaining additional information from the requesting Party, and conditions relating to responsibility for and the extent of measures to be taken. No additional measures may be taken without the express authorization of the flag State, except when necessary to relieve imminent danger to the lives of persons or where those measures derive from relevant bilateral or multilateral agreements.

8. For all boardings pursuant to this article, the flag State has the right to exercise jurisdiction over a detained ship, cargo or other items and persons on board, including seizure, forfeiture, arrest and prosecution. However, the flag State may, subject to its constitution and laws, consent to the exercise of jurisdiction by another State having jurisdiction under article 6.

9. When carrying out the authorized actions under this article, the use of force shall be avoided except when necessary to ensure the safety of its officials and persons on board, or where the officials are obstructed in the execution of the authorized actions. Any use of force pursuant to this article shall not exceed the minimum degree of force which is necessary and reasonable in the circumstances.

10. Safeguards:

(a) Where a State Party takes measures against a ship in accordance with this article, it shall:

(i) take due account of the need not to endanger the safety of life at sea;

(ii) ensure that all persons on board are treated in a manner which preserves their basic human dignity, and in compliance with the applicable provisions of international law, including international human rights law;

(iii) ensure that a boarding and search pursuant to this article shall be conducted in accordance with applicable international law;

(iv) take due account of the safety and security of the ship and its cargo;

(v) take due account of the need not to prejudice the commercial or legal interests of the flag State;


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(vi) ensure, within available means, that any measure taken with regard to the ship or its cargo is environmentally sound under the circumstances;

(vii) ensure that persons on board against whom proceedings may be commenced in connection with any of the offences set forth in article 3, 3bis, 3ter or 3quater are afforded the protections of paragraph 2 of article 10, regardless of location;

(viii) ensure that the master of a ship is advised of its intention to board, and is, or has been, afforded the opportunity to contact the ship's owner and the flag State at the earliest opportunity; and

(ix) take reasonable efforts to avoid a ship being unduly detained or delayed.

(b) Provided that authorization to board by a flag State shall not per se give rise to its liability, States Parties shall be liable for any damage, harm or loss attributable to them arising from measures taken pursuant to this article when:

(i) the grounds for such measures prove to be unfounded, provided that the ship has not committed any act justifying the measures taken; or

(ii) such measures are unlawful or exceed those reasonably required in light of available information to implement the provisions of this article. States Parties shall provide effective recourse in respect of such damage, harm or loss.

(c) Where a State Party takes measures against a ship in accordance with this Convention, it shall take due account of the need not to interfere with or to affect:

(i) the rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea; or

(ii) the authority of the flag State to exercise jurisdiction and control in 134 administrative, technical and social matters involving the ship.

(d) Any measure taken pursuant to this article shall be carried out by law enforcement or other authorized officials from warships or military aircraft, or from other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect and, notwithstanding articles 2 and 2bis, the provisions of this article shall apply.

(e) For the purposes of this article "law enforcement or other authorized officials" means uniformed or otherwise clearly identifiable members of law enforcement or other government authorities duly authorized by their government. For

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the specific purpose of law enforcement under this Convention, law enforcement or other authorized officials shall provide appropriate government-issued identification documents for examination by the master of the ship upon boarding.

11. This article does not apply to or limit boarding of ships conducted by any State Party in accordance with international law, seaward of any State's territorial sea, including boardings based upon the right of visit, the rendering of assistance to persons, ships and property in distress or peril, or an authorization from the flag State to take law enforcement or other action.

12. States Parties are encouraged to develop standard operating procedures for joint operations pursuant to this article and consult, as appropriate, with other States Parties with a view to harmonizing such standard operating procedures for the conduct of operations.

13. States Parties may conclude agreements or arrangements between them to facilitate law enforcement operations carried out in accordance with this article.

14. Each State Party shall take appropriate measures to ensure that its law enforcement or other authorized officials, and law enforcement or other authorized officials of other States Parties acting on its behalf, are empowered to act pursuant to this article.

15. Upon or after depositing its instrument of ratification, acceptance, approval or accession, each State Party shall designate the authority, or, where necessary, authorities to receive and respond to requests for assistance, for confirmation of nationality, and for authorization to take appropriate measures. Such designation, including contact information, shall be notified to the Secretary-General within one month of becoming a Party, who shall inform all other States Parties within one month of the designation. Each State Party is responsible for providing prompt notice through the Secretary-General of any changes in the designation or contact information.

Article 9

1. Article 10, paragraph 2 is replaced by the following text:

2. Any person who is taken into custody, or regarding whom any other measures are taken or proceedings are being carried out pursuant to this Convention, shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the law of the State in the territory of which that person is present and applicable provisions of international law, including international human rights law.


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Article 10

1. Article 11, paragraphs 1, 2, 3 and 4 are replaced by the following text:

1. The offences set forth in articles 3, 3bis, 3ter and 3quater shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in articles 3, 3bis, 3ter and 3quater. Extradition shall be subject to the other conditions provided by the law of the requested State Party.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in articles 3, 3bis, 3ter and 3quater as extraditable offences between themselves, subject to the conditions provided by the law of the requested State Party.

4. If necessary, the offences set forth in articles 3, 3bis, 3ter and 3quater shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in a place within the jurisdiction of the State Party requesting extradition.

2. The following text is added as article 11bis, of the Convention:

Article 11bis

None of the offences set forth in article 3, 3bis, 3ter or 3quater shall be regarded for the purposes of extradition or mutual legal assistance as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

3. The following text is added as article 11ter of the Convention:

Article 11ter

Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance, if the requested State Party has substantial grounds for believing that the request for extradition for offences set forth in article 3, 3bis, 3ter or 3quater or for mutual legal assistance with respect to such

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offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality, ethnic origin, political opinion or gender, or that compliance with the request would cause prejudice to that person's position for any of these reasons.

Article 11


1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in articles 3, 3bis, 3ter and 3quater, including assistance in obtaining evidence at their disposal necessary for the proceedings.


Article 12bis

1. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences set forth in article 3, 3bis, 3ter or 3quater may be transferred if the following conditions are met:

(a) the person freely gives informed consent; and

(b) the competent authorities of both States agree, subject to such conditions as those States may deem appropriate.

2. For the purposes of this article:

(a) the State to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State from which the person was transferred;

(b) the State to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States;

(c) the State to which the person is transferred shall not require the State from which the person was transferred to initiate extradition proceedings for the return of the person;


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(d) the person transferred shall receive credit for service of the sentence being served in the State from which the person was transferred for time spent in the custody of the State to which the person was transferred.

3. Unless the State Party from which a person is to be transferred in accordance with this article so agrees, that person, whatever that person's nationality, shall not be prosecuted or detained or subjected to any other restriction of personal liberty in the territory of the State to which that person is transferred in respect of acts or convictions anterior to that person's departure from the territory of the State from which such person was transferred.

Article 12


1. States Parties shall co-operate in the prevention of the offences set forth in articles 3, 3bis, 3ter and 3quater, particularly by:

(a) taking all practicable measures to prevent preparation in their respective territories for the commission of those offences within or outside their territories;

(b) exchanging information in accordance with their national law, and co-ordinating administrative and other measures taken as appropriate to prevent the commission of offences set forth in articles 3, 3bis, 3ter and 3quater.

2. When, due to the commission of an offence set forth in article 3, 3bis, 3ter or 3quater, the passage of a ship has been delayed or interrupted, any State Party in whose territory the ship or passengers or crew are present shall be bound to exercise all possible efforts to avoid a ship, its passengers, crew or cargo being unduly detained or delayed.

Article 13


Any State Party having reason to believe that an offence set forth in article 3, 3bis, 3ter or 3quater will be committed shall, in accordance with its national law, furnish as promptly as possible any relevant information in its possession to those States which it believes would be the States having established jurisdiction in accordance with article 6.

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Article 14

Article 15, paragraph 3 of the Convention is replaced by the following text:

3. The information transmitted in accordance with paragraphs 1 and 2 shall be communicated by the Secretary-General to all States Parties, to Members of the Organization, to other States concerned, and to the appropriate international intergovernmental organizations.

Article 15

Interpretation and application

1. The Convention and this Protocol shall, as between the Parties to this Protocol, be read and interpreted together as one single instrument.

2. Articles 1 to 16 of the Convention, as revised by this Protocol, together with articles 17 to 24 of this Protocol and the Annex thereto, shall constitute and be called the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005 (2005 SUA Convention).

Article 16

The following text is added as article 16bis of the Convention:

Final clauses of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005 The final clauses of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005 shall be articles 17 to 24 of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. References in this Convention to States Parties shall be taken to mean references to States Parties to that Protocol.

Final clauses

Article 17

Signature, ratification, acceptance, approval and accession

1. This Protocol shall be open for signature at the Headquarters of the Organization from 14 February 2006 to 13 February 2007 and shall thereafter remain open for accession.

2. States may express their consent to be bound by this Protocol by:



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(c) accession.


4. Only a State which has signed the Convention without reservation as to ratification, acceptance or approval, or has ratified, accepted, approved or acceded to the Convention may become a Party to this Protocol.

Article 18

Entry into force

1. This Protocol shall enter into force ninety days following the date on which twelve States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General.

2. For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Protocol after the conditions in paragraph 1 for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect 139 ninety days after the date of such deposit.

Article 19

Denunciation

1. This Protocol may be denounced by any State Party at any time after the date on which this Protocol enters into force for that State.


3. A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the deposit of the instrument with the Secretary-General.

Article 20

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Revision and amendment

1. A conference for the purpose of revising or amending this Protocol may be convened by the Organization.

2. The Secretary-General shall convene a conference of States Parties to this Protocol for revising or amending the Protocol, at the request of one third of the States Parties, or ten States Parties, whichever is the higher figure.

3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Protocol shall be deemed to apply to the Protocol as amended.

Article 21

Declarations

1. Upon depositing its instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty listed in the Annex may declare that, in the application of this Protocol to the State Party, the treaty shall be deemed not to be included in article 3ter. The declaration shall cease to have effect as soon as the treaty enters into force for the State Party, which shall notify the Secretary-General of this fact.

2. When a State Party ceases to be a party to a treaty listed in the Annex, it may make a declaration as provided for in this article, with respect to that treaty.

3. Upon depositing its instrument of ratification, acceptance, approval or accession, a State Party may declare that it will apply the provisions of article 3ter in accordance with the principles of its criminal law concerning family exemptions of liability.

Article 22

Amendments to the Annex

1. The Annex may be amended by the addition of relevant treaties that:

(a) are open to the participation of all States;

(b) have entered into force; and

(c) have been ratified, accepted, approved or acceded to by at least twelve States Parties to this Protocol.

2. After the entry into force of this Protocol, any State Party thereto may propose such an amendment to the Annex. Any proposal for an amendment shall be communicated to the


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Secretary-General in written form. The Secretary-General shall circulate any proposed amendment that meets the requirements of paragraph 1 to all members of the Organization and seek from States Parties to this Protocol their consent to the adoption of the proposed amendment.

3. The proposed amendment to the Annex shall be deemed adopted after more than twelve of the States Parties to this Protocol consent to it by written notification to the Secretary-General.

4. The adopted amendment to the Annex shall enter into force thirty days after the deposit with the Secretary-General of the twelfth instrument of ratification, acceptance or approval of such amendment for those States Parties to this Protocol that have deposited such an instrument. For each State Party to this Protocol ratifying, accepting or approving the amendment after the deposit of the twelfth instrument with the Secretary-General, the amendment shall enter into force on the thirtieth day after deposit by such State Party of its instrument of ratification, acceptance or approval.

Article 23

Depositary

1. This Protocol and any amendments adopted under articles 20 and 22 shall be deposited with the Secretary-General.


(a) inform all States which have signed this Protocol or acceded to this Protocol of:


(ii) the date of the entry into force of this Protocol;


(iv) any communication called for by any article of this Protocol;

(v) any proposal to amend the Annex which has been made in accordance with article 22, paragraph 2;

(vi) any amendment deemed to have been adopted in accordance with article 22, paragraph 3;

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(vii) any amendment ratified, accepted or approved in accordance with article 22, paragraph 4, together with the date on which that amendment shall enter into force; and

(b) transmit certified true copies of this Protocol to all States which have signed or acceded to this Protocol.

As soon as this Protocol enters into force, a certified true copy of the text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 24

Languages


Done at london this fourteenth day of October two thousand and five.

In witness whereof the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Protocol.


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16. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, 2005

Signed in London on 14 October 2005 Entry into force in accordance with Article 9 of the Protocol Depositary: Secretary-General of the International Maritime Organisation


Being Parties to the Protocol for the Suppression of Unlawful Acts against the Safety of FixedPlatforms Located on the Continental Shelf Done at Rome on 10 March 1988,

Recognizing that the reasons for which the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation was elaborated also apply to fixed platforms located on the continental shelf,

Taking account of the provisions of those Protocols,


Article 1


1. "1988 Protocol" means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, Done at Rome on 10 March 1988.

2. "Organization" means the International Maritime Organization.

3. "Secretary-General" means the Secretary-General of the Organization.

Article 2

Article 1, paragraph 1, of the 1988 Protocol is replaced by the following text:

The provisions of article 1, paragraphs 1(c), (d), (e), (f), (g), (h) and 2(a), of articles 2bis, 5, 5bis and 7, and of articles 10 to 16, including articles 11 bis, 11 ter and 12bis, of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, as amended by the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, shall also apply mutatis mutandis to the offences set forth in articles 2, 2bis and 2ter of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf.

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Article 3

1. Article 2, paragraph 1(d) of the 1988 Protocol is replaced by the following text:

(d) places or causes to be placed on a fixed platform, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or likely to endanger its safety.

2. Article 2, paragraph 1(e) of the 1988 Protocol is deleted.

3. Article 2, paragraph 2 of the 1988 Protocol is replaced by the following text:

2. Any person also commits an offence if that person threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraphs 1(b) and (c), if that threat is likely to endanger the safety of the fixed platform.

Article 4

1. The following text is inserted as article 2bis:

Article 2bis

Any person commits an offence within the meaning of this Protocol if that person unlawfully and intentionally, when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act:

(a) uses against or on a fixed platform or discharges from a fixed platform any explosive, radioactive material or BCN weapon in a manner that causes or is likely to cause death or serious injury or damage; or

(b) discharges, from a fixed platform, oil, liquefied natural gas, or other hazardous or noxious substance, which is not covered by subparagraph (a), in such quantity or concentration that causes or is likely to cause death or serious injury or damage; or

(c) threatens, with or without a condition, as is provided for under national law, to commit an offence set forth in subparagraph (a) or (b).


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2. The following text is inserted as Article 2ter:

Article 2ter

Any person also commits an offence within the meaning of this Protocol if that person:

(a) unlawfully and intentionally injures or kills any person in connection with the commission of any of the offences set forth in article 2, paragraph 1, or article 2bis; or

(b) attempts to commit an offence set forth in article 2, paragraph 1, article 2 bis, subparagraph (a) or (b), or subparagraph (a) of this article; or

(c) participates as an accomplice in an offence set forth in article 2, article 2bis or subparagraph (a) or (b) of this article; or

(d) organizes or directs others to commit an offence set forth in Article 2, Article 2bis or subparagraph (a) or (b) of this article; or

(e) contributes to the commission of one or more offences set forth in article 2, article 2bis or subparagraph (a) or (b) of this article, by a group of persons acting with a common purpose, intentionally and either:

(i) with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence set forth in article 2 or 2bis; or

(ii) in the knowledge of the intention of the group to commit an offence set forth in article 2 or 2bis.

Article 5


1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 2bis and 2ter when the offence is committed:

(a) against or on board a fixed platform while it is located on the continental shelf of that State; or Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, 2005

(b) by a national of that State.

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3. Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary-General. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.


4. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 2bis and 2ter in cases where the alleged offender is present in its territory and it does not extradite the alleged offender to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2.

Article 6

Interpretation and application

The 1988 Protocol and this Protocol shall, as between the Parties to this Protocol, be read and interpreted together as one single instrument.

Articles 1 to 4 of the 1988 Protocol, as revised by this Protocol, together with articles 8 to 13 of this Protocol shall constitute and be called the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005 (2005 SUA Fixed Platforms Protocol).

Article 7

The following text is added as article 4bis of the Protocol:

Final clauses of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005

The final clauses of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 2005, shall be articles 8 to 13 of the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf References in this Protocol to States Parties shall be taken to mean references to States Parties to the 2005 Protocol.


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Final clauses

Article 8


This Protocol shall be open for signature at the Headquarters of the Organization from 14 February 2006 to 13 February 2007 and shall thereafter remain open for accession. States may express their consent to be bound by this Protocol by:



(c) accession.

Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

Only a State which has signed the 1988 Protocol without reservation as to ratification, acceptance or approval, or has ratified, accepted, approved or acceded to the 1988 Protocol may become a Party to this Protocol.

Article 9

Entry into force

This Protocol shall enter into force ninety days following the date on which three States have either signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General. However, this Protocol shall not enter into force before the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation has entered into force.

For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Protocol after the conditions in paragraph 1 for entry into force thereof have been met, the ratification, acceptance, approval or accession shall take effect ninety days after the date of such deposit.

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Article 10

Denunciation

This Protocol may be denounced by any State Party at any time after the date on which this Protocol enters into force for that State.

Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary- General.

A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the deposit of the instrument with the Secretary-General.

Article 11

Revision and amendment

A conference for the purpose of revising or amending this Protocol may be convened by the Organization.

The Secretary-General shall convene a conference of States Parties to this Protocol for revising or amending the Protocol, at the request of one third of the States Parties, or five States Parties, whichever is the higher figure.

Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Protocol shall be deemed to apply to the Protocol as amended.

Article 12

Depositary

This Protocol and any amendments adopted under article 11 shall be deposited with the Secretary- General.

The Secretary-General shall:

(a) inform all States which have signed this Protocol or acceded to this Protocol of:


(ii) the date of the entry into force of this Protocol;


165


(iv) any communication called for by any article of this Protocol; and

(b) transmit certified true copies of this Protocol to all States which have signed or acceded to this Protocol.

As soon as this Protocol enters into force, a certified true copy of the text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 13

Languages


Done at london this fourteenth day of October two thousand and five.

In witness whereof the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Protocol.

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III. Other international instruments

a) Instruments against transnational organized crime, corruption and drugs

1. Single Convention on Narcotic Drugs, as amended by the Protocol amending the Single Convention on Narcotic Drugs, 1961, 1975

Single Convention on Narcotic Signed in New York on 30 March 1961 Entry into force on 13 December 1964 in accordance with Article 41 Depositary: Secretary-General of the United Nations 1972 Protocol amending the Single Convention on Narcotic Drugs Signed in Geneva on 25 March 1972 Entry into force on 8 August 1975 in accordance with Article 18 Depositary: Secretary-General of the United Nations

The Parties,

Concerned with the health and welfare of mankind,

Recognizing that the medical use of narcotic drugs continues to be indispensable for the relief of pain and suffering and that adequate provision must be made to ensure the availability of narcotic drugs for such purposes,

Recognizing that addiction to narcotic drugs constitutes a serious evil for the individual and is fraught with social and economic danger to mankind,

Conscious of their duty to prevent and combat this evil,

Considering that effective measures against abuse of narcotic drugs require co-ordinated and universal action,

Understanding that such universal action calls for international co-operation guided by the same principles and aimed at common objectives,

Acknowledging the competence of the United Nations in the field of narcotics control and desirous that the international organs concerned should be within the framework of that Organization,

Desiring to conclude a generally acceptable international convention replacing existing treaties on narcotic drugs, limiting such drugs to medical and scientific use, and providing for continuous international co-operation and control for the achievement of such aims and objectives,


167

Hereby agree as follows1:

1 Note by the Secretariat: The Preamble to the Protocol amending the Single Convention on Narcotic Drugs, 1961, reads as follows:

“The Parties to the Present Protocol,

“Considering the provisions of the Single Convention on Narcotic Drugs, 1961, Done at New York on 30 March 1961 (hereinafter called the Single Convention),

“Desiring to amend the Single Convention

“Have agreed as follows:”

Article 1

Definitions

1. Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout the Convention:

(a) “Board” means the International Narcotics Control Board,

(b) “Cannabis” means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated.

(c) “Cannabis plant” means any plant of the genus Cannabis,

(d) “Cannabis resin” means the separated resin, whether crude or purified, obtained from the cannabis plant.

(e) “Coca bush” means the plant of any species of the genus Erythroxylon.

(f) “Coca leaf” means the leaf of the coca bush except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed.

(g) “Commission” means the Commission on Narcotic Drugs of the Council.

(h) “Council” means the Economic and Social Council of the United Nations.

(i) “Cultivation” means the cultivation of the opium poppy, coca bush or cannabis plant.

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(j) “Drug” means any of the substances in Schedules I and II, whether natural or synthetic.

(k) “General Assembly” means the General Assembly of the United Nations.

(l) “Illicit traffic” means cultivation or trafficking in drugs contrary to the provisions of this Convention.

(m) “Import” and “export” mean in their respective connotations the physical transfer of drugs from one State to another State, or from one territory to another territory of the same State.

(n) “Manufacture” means all processes, other than production, by which drugs may be obtained and includes refining as well as the transformation of drugs into other drugs.

(o) “Medicinal opium” means opium which has undergone the processes necessary to adapt it for medicinal use.

(p) “Opium” means the coagulated juice of the opium poppy.

(q) “Opium poppy” means the plant of the species Papaver somniferum L.

(r) “Poppy straw” means all parts (except the seeds) of the opium poppy, after mowing.

(s) “Preparation” means a mixture, solid or liquid, containing a drug.

(t) “Production” means the separation of opium, coca leaves, cannabis and cannabis resin from the plants from which they are obtained.

(u) “Schedule I”, “Schedule II”, “Schedule III” and “Schedule IV” mean the correspondingly numbered list of drugs or preparations annexed to this Convention, as amended from time to time in accordance with article 3.

(v) “Secretary-General” means the Secretary-General of the United Nations.

(w) “Special stocks” means the amounts of drugs held in a country or territory by the Government of such country or territory for special government purposes and to meet exceptional circumstances; and the expression “special purposes” shall be construed accordingly.

(x) “Stocks” means the amounts of drugs held in a country or territory and intended for:

(i) Consumption in the country or territory for medical and scientific purposes,


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(ii) Utilization in the country or territory for the manufacture of drugs and other substances, or

(iii) Export; but does not include the amounts of drugs held in the country or territory,

(iv) By retail pharmacists or other authorized retail distributors and by institutions or qualified persons in the duly authorized exercise of therapeutic or scientific functions, or

(v) As “special stocks”.

(y) Territory” means any part of a State which is treated as a separate entity for the application of the system of import certificates and export authorizations provided for in article 31. This definition shall not apply to the term “territory” as used in articles 42 and 46.

2. For the purposes of this Convention a drug shall be regarded as “consumed” when it has been supplied to any person or enterprise for retail distribution, medical use or scientific research; and “consumption” shall be construed accordingly.

Article 2

Substances under control

1. Except as to measures of control which are limited to specified drugs, the drugs in Schedule I are subject to all measures of control applicable to drugs under this Convention and in particular to those prescribed in article 4 c), 19, 20, 21, 29, 30, 31, 32, 33, 34 and 37.

2. The drugs in Schedule II are subject to the same measures of control as drugs in Schedule I with the exception of the measures prescribed in article 30, paragraphs 2 and 5, in respect of the retail trade.

3. Preparations other than those in Schedule III are subject to the same measures of control as the drugs which they contain, but estimates (article 19) and statistics (article 20) distinct from those dealing with these drugs shall not be required in the case of such preparations, and article 29, paragraph 2 c) and article 30, paragraph 1 b) ii) need not apply.

4. Preparations in Schedule III are subject to the same measures of control as preparations containing drugs in Schedule II except that article 31, paragraphs 1 b) and 3 to 15 and, as regards their acquisition and retail distribution, article 34, paragraph b), need not apply, and that for the purpose of estimates (article 19) and statistics (article 20) the information required shall be restricted to the quantities of drugs used in the manufacture of such preparations.

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5. The drugs in Schedule IV shall also be included in Schedule I and subject to all measures of control applicable to drugs in the latter Schedule, and in addition thereto:

(a) A Party shall adopt any special measures of control which in its opinion are necessary having regard to the particularly dangerous properties of a drug so included; and

(b) A Party shall, if in its opinion the prevailing conditions in its country render it the most appropriate means of protecting the public health and welfare, prohibit the production, manufacture, export and import of, trade in, possession or use of any such drug except for amounts which may be necessary for medical and scientific research only, including clinical trials therewith to be conducted under or subject to the direct supervision and control of the Party.

6. In addition to the measures of control applicable to all drugs in Schedule I, opium is subject to the provisions of article 19, paragraph 1, subparagraph f), and of articles 21 bis, 23 and 24, the coca leaf to those of articles 26 and 27 and cannabis to those of article 28.

7. The opium poppy, the coca bush, the cannabis plant, poppy straw and cannabis leaves are subject to the control measures prescribed in article 19, paragraph 1, subparagraph e), article 20, paragraph 1, subparagraph g), article 21 bis and in articles 22 to 24; 22, 26 and 27; 22 and 28; 25; and 28, respectively:

8. The Parties shall use their best endeavours to apply to substances which do not fall under this Convention, but which may be used in the illicit manufacture of drugs, such measures of supervision as may be practicable.

9. Parties are not required to apply the provisions of this Convention to drugs which are commonly used in industry for other than medical or scientific purposes, provided that:

(a) They ensure by appropriate methods of denaturing or by other means that the drugs so used are not liable to be abused or have ill effects (article 3, paragraph 3) and that the harmful substances cannot in practice be recovered; and

(b) They include in the statistical information (article 20) furnished by them the amount of each drug so used.

Article 3

Changes in the scope of control

1. Where a Party or the World Health Organization has information which in its opinion may require an amendment to any of the Schedules, it shall notify the Secretary-General and furnish him with the information in support of the notification.


171

2. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission, and, where the notification is made by a Party, to the World Health Organization.

3. Where a notification relates to a substance not already in Schedule I or in Schedule II,

(i) The Parties shall examine in the light of the available information the possibility of the provisional application to the substance of all measures of control applicable to drugs in Schedule I;

(ii) Pending its decision as provided in subparagraph iii) of this paragraph, the Commission may decide that the Parties apply provisionally to that substance all measures of control applicable to drugs in Schedule I. The Parties shall apply such measures provisionally to the substance in question;

(iii) If the World Health Organization finds that the substance is liable to similar abuse and productive of similar ill effects as the drugs in Schedule I or Schedule II or is convertible into a drug, it shall communicate that finding to the Commission which may, in accordance with the recommendation of the World Health Organization, decide that the substance shall be added to Schedule I or Schedule II.

4. If the World Health Organization finds that a preparation because of the substances which it contains is not liable to abuse and cannot produce ill effects (paragraph 3) and that the drug therein is not readily recoverable, the Commission may, in accordance with the recommendation of the World Health Organization, add that preparation to Schedule III.

5. If the World Health Organization finds that a drug in Schedule I is particularly liable to abuse and to produce ill effects (paragraph 3) and that such liability is not offset by substantial therapeutic advantages not possessed by substances other than drugs in Schedule IV, the Commission may, in accordance with the recommendation of the World Health Organization, place that drug in Schedule IV.

6. Where a notification relates to a drug already in Schedule I or Schedule II or to a preparation in Schedule III, the Commission, apart from the measure provided for in paragraph 5, may, in accordance with the recommendation of the World Health Organization, amend any of the Schedules by:

(a) Transferring a drug from Schedule I to Schedule II or from Schedule II to Schedule I; or

(b) Deleting a drug or a preparation as the case may be, from a Schedule.

7. Any decision of the Commission taken pursuant to this article shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States

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Parties to this Convention, to the World Health Organization and to the Board. Such decision shall become effective with respect to each Party on the date of its receipt of such communication, and the Parties shall thereupon take such action as may be required under this Convention.

8. (a) The decisions of the Commission amending any of the Schedules shall be subject to review by the Council upon the request of any Party filed within ninety days from receipt of notification of the decision. The request for review shall be sent to the Secretary-General together with all relevant information upon which the request for review is based;

(b) The Secretary-General shall transmit copies of the request for review and relevant information to the Commission, the World Health Organization and to all the Parties inviting them to submit comments within ninety days. All comments received shall be submitted to the Council for consideration;

(c) The Council may confirm, alter or reverse the decision of the Commission, and the decision of the Council shall be final. Notification of the Council's decision shall be transmitted to all States Members of the United Nations, to non-member States Parties to this Convention, to the Commission, to the World Health Organization, and to the Board;

(d) During pendency of the review the original decision of the Commission shall remain in effect.

9. Decisions of the Commission taken in accordance with this article shall not be subject to the review procedure provided for in article 7.

Article 4

General obligations

The parties shall take such legislative and administrative measures as may be necessary:

(a) To give effect to and carry out the provisions of this Convention within their own territories;

(b) To co-operate with other States in the execution of the provisions of this Convention; and

(c) Subject to the provisions of this Convention, to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs.


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Article 5

The international control organs

The Parties, recognizing the competence of the United Nations with respect to the international control of drugs, agree to entrust to the Commission on Narcotic Drugs of the Economic and Social Council, and to the International Narcotics Control Board, the functions respectively assigned to them under this Convention.

Article 6

Expenses of the international control organs

The expenses of the Commission and the Board will be borne by the United Nations in such manner as shall be decided by the General Assembly. The Parties which are not Members of the United Nations shall contribute to these expenses such amounts as the General Assembly finds equitable and assess from time to time after consultation with the Governments of these Parties.

Article 7

Review of decisions and recommendations of the commission

Except for decisions under article 3, each decision or recommendation adopted by the Commission pursuant to the provisions of this Convention shall be subject to approval or modification by the Council or the General Assembly in the same way as other decisions or recommendations of the Commission.

Article 8

Functions of the commission

The Commission is authorized to consider all matters pertaining to the aims of this Convention, and in particular:

(a) To amend the Schedules in accordance with article 3;

(b) To call the attention of the Board to any matters which may be relevant to the functions of the Board;

(c) To make recommendations for the implementation of the aims and provisions of this Convention, including programmes of scientific research and the exchange of information of a scientific or technical nature; and

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(d) To draw the attention of non-parties to decisions and recommendations which it adopts under this Convention, with a view to their considering taking action in accordance therewith.

Article 9

Composition and functions of the board

1. The Board shall consist of thirteen members to be elected by the Council as follows:

(a) Three members with medical, pharmacological or pharmaceutical experience from a list of at least five persons nominated by the World Health Organization; and

(b) Ten members from a list of persons nominated by the Members of the United Nations and by Parties which are not Members of the United Nations.

2. Members of the Board shall be persons who, by their competence, impartiality and disinterestedness, will command general confidence. During their term of office they shall not hold any position or engage in any activity which would be liable to impair their impartiality in the exercise of their functions. The Council shall, in consultation with the Board, make all arrangements necessary to ensure the full technical independence of the Board in carrying out its functions.

3. The Council, with due regard to the principle of equitable geographic representation, shall give consideration to the importance of including on the Board, in equitable proportion, persons possessing a knowledge of the drug situation in the producing, manufacturing, and consuming countries, and connected with such countries.

4. The Board, in co-operation with Governments, and subject to the terms of this Convention, shall endeavour to limit the cultivation, production, manufacture and use of drugs to an adequate amount required for medical and scientific purposes, to ensure their availability for such purposes and to prevent illicit cultivation, production and manufacture of, and illicit trafficking in and use of, drugs.

5. All measures taken by the Board under this Convention shall be those most consistent with the intent to further the co-operation of Governments with the Board and to provide the mechanism for a continuing dialogue between Governments and the Board which will lend assistance to and facilitate effective national action to attain the aims of this Convention.

Article 10

Terms of office and remuneration of members of the board

1. The members of the Board shall serve for a period of five years, and may be re-elected.


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2. The term of office of each member of the Board shall end on the eve of the first meeting of the Board which his successor shall be entitled to attend.

3. A member of the Board who has failed to attend three consecutive sessions shall be deemed to have resigned.

4. The Council, on the recommendation of the Board, may dismiss a member of the Board who has ceased to fulfil the conditions required for membership by paragraph 2 of article 9. Such recommendation shall be made by an affirmative vote of nine members of the Board.

5. Where a vacancy occurs on the Board during the term of office of a member, the Council shall fill such vacancy as soon as possible and in accordance with the applicable provisions of article 9, by electing another member for the remainder of the term.

6. The members of the Board shall receive an adequate remuneration as determined by the General Assembly.

Article 11

Rules of procedure of the board

1. The Board shall elect its own President and such other officers as it may consider necessary and shall adopt its rules of procedure.

2. The Board shall meet as often as, in its opinion, may be necessary for the proper discharge of its functions, but shall hold at least two sessions in each calendar year.

3. The quorum necessary at meetings of the Board shall consist of eight members.

Article 12

Administration of the estimate system

1. The Board shall fix the date or dates by which, and the manner in which, the estimates as provided in article 19 shall be furnished and shall prescribe the forms therefore.

2. The Board shall, in respect of countries and territories to which this Convention does not apply, request the Governments concerned to furnish estimates in accordance with he provisions of this Convention.

3. If any State fails to furnish estimates in respect of any of its territories by the date specified, the Board shall, as far as possible, establish the estimates. The Board in establishing such estimates shall to the extent practicable do so in co-operation with the Government concerned.

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4. The Board shall examine the estimates, including supplementary estimates, and, except as regards requirements for special purposes, may require such information as it considers necessary in respect of any country or territory on behalf of which an estimate has been furnished, in order to complete the estimate or to explain any statement contained therein.

5. The Board, with a view to limiting the use and distribution of drugs to an adequate amount required for medical and scientific purposes and to ensuring their availability for such purposes, shall as expeditiously as possible confirm the estimates, including supplementary estimates, or, with the consent of the Government concerned, may amend such estimates. In case of a disagreement between the Government and the Board, the latter shall have the right to establish, communicate, and publish its own estimates, including supplementary estimates.

6. In addition to the reports mentioned in article 15, the Board shall, at such times as it shall determine but at least annually, issue such information on the estimates as in its opinion will facilitate the carrying out of this Convention.

Article 13

Administration of the statistical returns system

1. The Board shall determine the manner and form in which statistical returns shall be furnished as provided in article 20 and shall prescribe the forms therefore.

2. The Board shall examine the returns with a view to determining whether a Party or any other State has complied with the provisions of this Convention.

3. The Board may require such further information as it considers necessary to complete or explain the information contained in such statistical returns.

4. It shall not be within the competence of the Board to question or express an opinion on statistical information respecting drugs required for special purposes.

Article 14

Measures by the board to ensure the execution of provisions of the convention

1. (a) If, on the basis of its examination of information submitted by Governments to the Board under the provisions of this Convention, or of information communicated by United Nations organs or by specialized agencies or, provided that they are approved by the Commission on the Board’s recommendation, by either, other intergovernmental organizations or international non-governmental organizations which have direct competence in the subject matter and which are in consultative status with the Economic and Social Council under Article 71 of the Charter of the United Nations or which enjoy a similar status by special agreement with the Council, the Board has objective reasons to believe that


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the aims of this Convention are being seriously endangered by reason of the failure of any Party, country or territory to carry out the provisions of this Convention, the Board shall have the right to propose to the Government concerned the opening of consultations or to request it to furnish explanations. If, without any failure in implementing the provisions of the Convention, a Party or a country or territory has become, or if there exists evidence of a serious risk that it may become, an important centre of illicit cultivation, production or manufacture of, or traffic in or consumption of drugs, the Board has the right to propose to the Government concerned the opening of consultations. Subject to the right of the Board to call the attention of the Parties, the Council and the Commission to the matter referred to in subparagraph d) below, the Board shall treat as confidential a request for information and an explanation by a Government or a proposal for consultations and the consultations held with a Government under this subparagraph.

(b) After taking action under subparagraph a) above, the Board, if satisfied that it is necessary to do so, may call upon the Government concerned to adopt such remedial measures as shall seem under the circumstances to be necessary for the execution of the provisions of this Convention.

(c) The Board may, if it thinks such action necessary, for the purpose of assessing a matter referred to in subparagraph a) of this paragraph, propose to the Government concerned that a study of the matter, be carried out in its territory by such means as the Government deems appropriate. If the Government concerned decides to undertake this study, it may request the Board to make available the expertise and the services of one or more persons with the requisite competence to assist the officials of the Government in the proposed study. The person or persons whom the Board intends to make available shall be subject to the approval of the Government. The modalities of this study and the time-limit within which the study has to be completed shall be determined by consultation between the Government and the Board. The Government shall communicate to the Board the results of the study and shall indicate the remedial measures that it considers necessary to take.

(d) If the Board finds that the Government concerned has failed to give satisfactory explanations when called upon to do so under subparagraph a) above, or has failed, to adopt any remedial measures which it has been called upon to take under subparagraph b) above, or that there is a serious situation that needs co-operative action at the international level with a view to remedying it, it may call the attention of the Parties, the Council and the Commission to the matter. The Board shall so act if the aims of this Convention are being seriously endangered and it has not been possible to resolve the matter satisfactorily in any other way. It shall also so act if it finds that there is a serious situation that needs co-operative action at the international level with a view to remedying it and that bringing such a situation to the notice of the Parties, the Council and the Commission is the most appropriate method of facilitating such co-operative action; after considering the reports of the Board, and of the Commission if available on the matter, the Council may draw the attention of the General Assembly to the matter.

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2. The Board, when calling the attention of the Parties, the Council and the Commission to a matter in accordance with paragraph 1 d) above, may, if it is satisfied that such a course is necessary, recommend to Parties that they stop the import of drugs, the export of drugs, or both, from or to the country or territory concerned, either for a designated period or until the Board shall be satisfied as to the situation in that country or territory. The State concerned may bring the matter before the Council.

3. The Board shall have the right to publish a report on any matter dealt with under the provisions of this article, and communicate it to the Council, which shall forward it to all Parties. If the Board publishes in this report a decision taken under this article or any information relating thereto, it shall also publish therein the views of the Government concerned if the latter so requests.

4. If in any case a decision of the Board which is published under this article is not unanimous, the views of the minority shall be stated.

5. Any State shall be invited to be represented at a meeting of the Board at which a question directly interesting it is considered under this article.

6. Decisions of the Board under this article shall be taken by a two-thirds majority of the whole number of the Board.

Article 14 bis

Technical and financial assistance

In cases which it considers appropriate and either in addition or as an alternative to measures set forth in article 14, paragraphs 1 and 2, the Board, with the agreement of the Government concerned, may recommend to the competent United Nations organs and to the specialized agencies that technical or financial assistance, or both, be provided to the Government in support of its efforts to carry out its obligations under this Convention, including those set out or referred to in articles 2, 35, 38 and 38 bis.

Article 15

Reports of the board

1. The Board shall prepare an annual report on its work and such additional reports as it considers necessary containing also an analysis of the estimates and statistical information at its disposal, and, in appropriate cases, an account of the explanations, if any, given by or required of Governments, together with any observations and recommendations which the Board desires to make. These reports shall be submitted to the Council through the Commission, which may make such comments as it sees fit.


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2. The reports shall be communicated to the Parties and subsequently published by the Secretary- General. The Parties shall permit their unrestricted distribution.

Article 16

Secretariat

The secretariat services of the Commission and the Board shall be furnished by the Secretary-General. In particular, the Secretary of the Board shall be appointed by the Secretary-General in consultation with the Board.

Article 17

Special administration

The Parties shall maintain a special administration for the purpose of applying the provisions of this Convention.

Article 18

Information to be furnished by parties to the Secretary-General

1. The Parties shall furnish to the Secretary-General such information as the Commission may request as being necessary for the performance of its functions, and in particular:

(a) An annual report on the working of the Convention within each of their territories;

(b) The text of all laws and regulations from time to time promulgated in order to give effect to this Convention;

(c) Such particulars as the Commission shall determine concerning cases of illicit traffic, including particulars of each case of illicit traffic discovered which may be of importance, because of the light thrown on the source from which drugs are obtained for the illicit traffic, or because of quantities involved or the method employed by illicit traffickers; and

(d) The, names and addresses of the governmental authorities empowered to issue export and import authorizations or certificates.

2. Parties shall furnish the information referred to in the preceding paragraph in such manner and by such dates and use such forms as the Commission may request.

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Article 19

Estimates of drug requirements

1. The Parties shall furnish to the Board each year for each of their territories, in the manner and form prescribed by the Board, estimates on forms supplied by it in respect of the following matters:

(a) Quantities of drugs to be consumed for medical and scientific purposes;

(b) Quantities of drugs to be utilized for the manufacture of other drugs, of preparations in Schedule III, and of substances not covered by this Convention;

(c) Stocks of drugs to be held as at 31 December of the year to which the estimates relate;

(d) Quantities of drugs necessary for addition to special stocks;

(e) The area (in hectares) and the geographical location of land to be used for the cultivation of the opium poppy;

(f) Approximate quantity of opium to be produced;

(g) The number of industrial establishments which will manufacture synthetic drugs; and

(h) The quantities of synthetic drugs to be manufactured by each of the establishments referred to in the preceding subparagraph.

2. (a) Subject to the deductions referred to in paragraph 3 of article 21, the total of the estimates for each territory and each drug except opium and synthetic drugs shall consist of the sum of the amounts specified under subparagraphs a), b) and d) of paragraph 1 of this article, with the addition of any amount required to bring the actual stocks on hand at 31 December of the preceding year to the level estimated as provided in subparagraph (c) of paragraph 1;

(b) Subject to the deductions referred to in paragraph 3 of article 21 regarding imports and in paragraph 2 of article 21 bis, the total of the estimates for opium for each territory shall consist either of the sum of the amounts specified under subparagraphs (a), (b) and (d) of paragraph 1 of this article, with the addition of any amount required to bring the actual stocks on hand at 31 December of the preceding year to the level estimated as provided in subparagraph c) of paragraph 1, or of the amount specified under subparagraph (f) of paragraph 1 of this article, whichever is higher.


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(c) Subject to the deductions referred to in paragraph 3 of article 21, the total of the estimates for each territory for each synthetic drug shall consist either of the sum of the amounts specified under subparagraphs a), b) and d) of paragraph 1 of this article, with the addition of any amount required to bring the actual stocks on hand at 31 December of the preceding year to the level estimated as provided in subparagraph c) of paragraph 1, or of the sum of the amounts specified under subparagraph h) of paragraph 1 of this article, whichever is higher.

(d) The estimates furnished under the preceding subparagraphs of this paragraph shall be appropriately modified to take into account any quantity seized and thereafter released for licit use as well as any quantity taken from special stocks for the requirements of the civilian population.

3. Any State may during the year furnish supplementary estimates with an explanation of the circumstances necessitating such estimates.

4. The Parties shall inform the Board of the method used for determining quantities shown in the estimates and of any changes in the said method.

5. Subject to the deductions referred to in paragraph 3 of article 21, and account being taken where appropriate of the provisions of article 21 bis, the estimates shall not be exceeded.

Article 20

Statistical returns to be furnished to the board

1. The Parties shall furnish to the Board for each of their territories, in the manner and form prescribed by the Board, statistical returns on forms supplied by it in respect of the following matters:

(a) Production or manufacture of drugs;

(b) Utilization of drugs for the manufacture of other drugs, of preparations in Schedule III and of substances not covered by this Convention, and utilization of poppy straw for the manufacture of drugs;

(c) Consumption of drugs;

(d) Imports and exports of drugs and poppy straw;

(e) Seizures of drugs and disposal thereof;

(f) Stocks of drugs as at 31 December of the year to which the returns relate; and

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(g) Ascertainable area of cultivation of the opium poppy.

2. (a) The statistical returns in respect of the matters referred to in paragraph 1, except subparagraph d), shall be prepared annually and shall be furnished to the Board not later than 30 June following the year to which they relate.

(b) The statistical returns in respect to the matters referred to in subparagraph (d) of paragraph I shall be prepared quarterly and shall be furnished to the Board within one month after the end of the quarter to which they relate.

3. The Parties are not required to furnish statistical returns respecting special stocks, but shall furnish separately returns respecting drugs imported into or procured within the country or territory for special purposes, as well as quantities of drugs withdrawn from special stocks to meet the requirements of the civilian population.

Article 21

Limitation of manufacture and importation

1. The total of the quantities of each drug manufactured and imported by any country or territory in any one year shall not exceed the sum of the following:

(a) The quantity consumed, within the limit of the relevant estimate, for medical and scientific purposes;

(b) The quantity used, within the limit of the relevant estimate, for the manufacture of other drugs, of preparations in Schedule III, and of substances not covered by this Convention;

(c) The quantity exported;

(d) The quantity added to the stock for the purpose of bringing that stock up to the level specified in the relevant estimate; and

(e) The quantity acquired within the limit of the relevant estimate for special purposes.

2. From the sum of the quantities specified in paragraph 1 there shall be deducted any quantity that has been seized and released for licit use, as well as any quantity taken from special stocks for the requirements of the civilian population.

3. If the Board finds that the quantity manufactured and imported in any one year exceeds the sum of the quantities specified in paragraph l, less any deductions required under paragraph 2 of this article, any excess so established and remaining at the end of the year


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shall, in the following year, be deducted from the quantity to be manufactured or imported and from the total of the estimates as defined in paragraph 2 of article 19.

4. (a) If it appears from the statistical returns on imports or exports (article 20) that the quantity exported to any country or territory exceeds the total of the estimates for that country or territory, as defined in paragraph 2 of article 19, with the addition of the amounts shown to have been exported, and after deduction of any excess as established in paragraph 3 of this article, the Board may notify this fact to States which, in the opinion of the Board, should be so informed;

(b) On receipt of such a notification, Parties shall not during the year in question authorize any further exports of the drug concerned to that country or territory, except:

(i) In the event of a supplementary estimate being furnished for that country or territory in respect both of any quantity over imported and of the additional quantity required, or

(ii) In exceptional cases where the export, in the opinion of the Government of the exporting country, is essential for the treatment of the sick.

Article 21 bis

Limitation of production of opium

1. The production of opium by any country or territory shall be organized and controlled in such manner as to ensure that, as far as possible, the quantity produced in any one year shall not exceed the estimate of opium to be produced as established under paragraph 1 f) of article 19.

2. If the Board finds on the basis of information at its disposal in accordance with the provisions of this Convention that a Party which has submitted an estimate under paragraph l f) of article 19 has not limited opium produced within its borders to licit purposes in accordance with relevant estimates and that a significant amount of opium produced, whether licitly or illicitly, within the borders of such a Party, has been introduced into the illicit traffic, it may, after studying the explanations of the Party concerned, which shall be submitted to it within one month after notification of the finding in question, decide to deduct all, or a portion, of such an amount from the quantity to be produced and from the total of the estimates as defined in paragraph 2 b) of article 19 for the next year in which such a deduction can be technically accomplished, taking into account the season of the year and contractual commitments to export opium. This decision shall take effect ninety days after the Party concerned is notified thereof.

3. After notifying the Party concerned of the decision it has taken under paragraph 2 above with regard to a deduction, the Board shall consult with that Party in order to resolve the situation satisfactorily.

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4. If the situation is not satisfactorily resolved, the Board may utilize the provisions of article 14 where appropriate.

5. In taking its decision with regard to a deduction under paragraph 2 above, the Board shall take into account not only all relevant circumstances including those giving rise to the illicit traffic problem referred to in paragraph 2 above, but also any relevant new control measures which may have been adopted by the Party.

Article 22

Special provision applicable to cultivation

1. Whenever the prevailing conditions in the country or a territory of a Party render the prohibition of the cultivation of the opium poppy, the coca bush or the cannabis plant the most suitable measure, in its opinion, for protecting the public health and welfare and preventing the diversion of drugs into the illicit traffic, the Party concerned shall prohibit cultivation.

2. A Party prohibiting cultivation of the opium poppy or the cannabis plant shall take appropriate measures to seize any plants illicitly cultivated and to destroy them, except for small quantities required by the Party for scientific or research purposes.

Article 23

National opium agencies

1. A Party that permits the cultivation of the opium poppy for the production of opium shall establish, if it has not already done so, and maintain, one or more government agencies (hereafter in this article referred to as the Agency) to carry out the functions required under this article.

2. Each such Party shall apply the following provisions to the cultivation of the opium poppy for the production of opium and to opium:

(a) The Agency shall designate the areas in which, and the plots of land on which, cultivation of the opium poppy for the purpose of producing opium shall be permitted.

(b) Only cultivators licensed by the Agency shall be authorized to engage in such cultivation.

(c) Each licence shall specify the extent of the land on which the cultivation is permitted.


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(d) All cultivators of the opium poppy shall be required to deliver their total crops of opium to the Agency. The Agency shall purchase and take physical possession of such crops as soon as possible, but not later than four months after the end of the harvest.

(e) The Agency shall, in respect of opium, have the exclusive right of importing, exporting, wholesale trading and maintaining stocks other than those held by manufacturers of opium alkaloids, medicinal opium or opium preparations. Parties need not extend this exclusive right to medicinal opium and opium preparations.

3. The governmental functions referred to in paragraph 2 shall be discharged by a single government agency if the constitution of the Party concerned permits it.

Article 24

Limitation on production of opium for international trade

1. (a) If any Party intends to initiate the production of opium or to increase existing production, it shall take account of the prevailing world need for opium in accordance with the estimates thereof published by the Board so that the production of opium by such Party does not result in overproduction of opium in the world.

(b) A Party shall not permit the production of opium or increase the existing production thereof if in its opinion such production or increased production in its territory may result in illicit traffic in opium.

2. (a) Subject to paragraph 1, where a Party which as of 1 January 1961 was not producing opium for export desires to export opium which it produces, in amounts not exceeding five tons annually, it shall notify the Board, furnishing with such notification information regarding:

(i) The controls in force as required by this Convention respecting the opium to be produced and exported; and

(ii) The name of the country or countries to which it expects to export such opium; and the Board may either approve such notification or may recommend to the Party that it not engage in the production of opium for export.

(b) Where a Party other than a party referred to in paragraph 3 desires to produce opium, for export in amounts exceeding five tons annually, it shall notify the Council, furnishing with such notification relevant information including:

(i) The estimated amounts to be produced for export;

(ii) The controls existing or proposed respecting the opium to be produced;

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(iii) The name of the country or countries to which it expects to export such opium; and the Council shall either approve the notification or may recommend to the Party that it not engage in the production of opium for export.

3. Notwithstanding the provisions of subparagraphs a) and b) of paragraph 2, a Party that during ten years immediately prior to l January 1961 exported opium which such country produced may continue to export opium which it produces.

4. (a) A Party shall not import opium from any country or territory except opium produced. in the territory of:

(i) A Party referred to in paragraph 3;

(ii) A Party that has notified the Board as provided in subparagraph a) of paragraph 2; or

(iii) A Party that has received the approval of the Council as provided in subparagraph b) of paragraph

(b) Notwithstanding subparagraph a) of this paragraph, a Party may import opium produced by any country which produced and exported opium during the ten years prior to 1 January 1961 if such country has established and maintains a national control organ or agency for the purposes set out in article 23 and has in force an effective means of ensuring that the opium it produces is not diverted into the illicit traffic.

5. The provisions of this article do not prevent a Party:

(a) From producing opium sufficient for its own requirements; or

(b) From exporting opium seized in the illicit traffic, to another Party in accordance with the requirements of this Convention.

Article 25

Control of poppy straw

1. A Party that permits the cultivation of the opium poppy for purposes other than the production of opium shall take all measures necessary to ensure:

(a) That opium is not produced from such opium poppies; and

(b) That the manufacture of drugs from poppy straw is adequately controlled.


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2. The Parties shall apply to poppy straw the system of import certificates and export authorizations as provided in article 31, paragraphs 4 to 15.

3. The Parties shall furnish statistical information on the import and export of poppy straw as required for drugs under article 20, paragraphs 1 d) and 2 b).

Article 26

The coca bush and coca leaves

1. If a Party permits the cultivation of the coca bush, it shall apply thereto and to coca leaves the system of controls as provided in article 23 respecting the control of the opium poppy, but as regards paragraph 2 d) of that article, the requirements imposed on the Agency therein referred to shall be only to take physical possession of the crops as soon as possible after the end of the harvest.

2. The Parties shall so far as possible enforce the uprooting of all coca bushes which grow wild. They shall destroy the coca bushes if illegally cultivated.

Article 27

Additional provisions relating to coca leaves

1. The Parties may permit the use of coca leaves for the preparation of a flavouring agent, which shall not contain any alkaloids, and, to the extent necessary for such use, may permit the production, import, export, trade in and possession of such leaves.

2. The Parties shall furnish separately estimates (article 19) and statistical information (article 20) in respect of coca leaves for preparation of the flavouring agent, except to the extent that the same coca leaves are used for the extraction of alkaloids and the flavouring agent, and so explained in the estimates and statistical information.

Article 28

Control of cannabis

1. If a Party permits the cultivation of the cannabis plant for the production of cannabis or cannabis resin, it shall apply thereto the system of controls as provided in article 23 respecting the control of the opium poppy.

2. This Convention shall not apply to the cultivation of the cannabis plant exclusively for industrial purposes (fibre and seed) or horticultural purposes.

3. The Parties shall adopt such measures as may be necessary to prevent the misuse of, and illicit traffic in, the leaves of the cannabis plant.

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Article 29

Manufacture

1. The Parties shall require that the manufacture of drugs be under licence except where such manufacture is carried out by a State enterprise or State enterprises.

2. The Parties shall:

(a) Control all persons and enterprises carrying on or engaged in the manufacture of drugs;

(b) Control under licence the establishments and premises in which such manufacture may take place; and

(c) Require that licensed manufacturers of drugs obtain periodical permits specifying the kinds and amounts of drugs which they shall be entitled to manufacture. A periodical permit, however, need not be required for preparations.

3. The Parties shall prevent the accumulation, in the possession of drug manufacturers, of quantities of drugs and poppy straw in excess of those required for the normal conduct of business, having regard to the prevailing market conditions.

Article 30

Trade and distribution

1. (a) The Parties shall require that the trade in and distribution of drugs be under licence except where such trade or distribution is carried out by a State enterprise or State enterprises:

(b) The Parties shall:

(i) Control all persons and enterprises carrying on or engaged in the trade in or distribution of drugs;

(ii) Control under licence the establishments and premises in which such trade or distribution may take place. The requirement of licensing need not apply to preparations.

(c) The provisions of subparagraphs a) and b) relating to licensing need not apply to persons duly authorized to perform and while performing therapeutic or scientific functions.


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2. The Parties shall also:

(a) Prevent the accumulation in the possession of traders, distributors, State enterprises or duly authorized persons referred to above, of quantities of drugs and poppy straw in excess of those required for the normal conduct of business, having regard to the prevailing market conditions; and

(b) (i) Require medical prescriptions for the supply, or dispensation of drugs to individuals. This requirement need not apply to such drugs as individuals may lawfully obtain, use, dispense or administer in connexion with their duly authorized therapeutic functions; and

(ii) If the Parties deem these measures necessary or desirable, require that prescriptions for drugs in Schedule I should be written on official forms to be issued in the form of counterfoil books by the competent governmental authorities or by authorized professional associations.

3. It is desirable that Parties require that written or printed offers of drugs, advertisements of every kind or descriptive literature relating to drugs and used for commercial purposes, interior wrappings of packages containing drugs, and labels under which drugs are offered for sale indicate the international nonproprietary name communicated by the World Health Organization.

4. If a Party considers such measure necessary or desirable, it shall require that the inner package containing a drug or wrapping thereof shall bear a clearly visible double red band. The exterior wrapping of the package in which such drug is contained shall not bear a double red band.

5. A Party shall require that the label under which a drug is offered for sale show the exact drug content by weight or percentage. This requirement of label information need not apply to a drug dispensed to an individual on medical prescription. 6. The provisions of paragraphs 2 and 5 need not apply to the retail trade in or retail distribution of drugs in Schedule II.

Article 31

Special provisions relating to international trade

1. The Parties shall not knowingly permit the export of drugs to any country or territory except:

(a) In accordance with the laws and regulations of that country or territory; and

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(b) Within the limits of the total of the estimates for that country or territory, as defined in paragraph 2 of article 19, with the addition of the amounts intended to be re-exported.

2. The Parties shall exercise in free ports and zones the same supervision and control as in other parts of their territories, provided, however, that they may apply more drastic measures.


(a) Control under licence the import and export of drugs except where such import or export is carried out by a State enterprise or enterprises;

(b) Control all persons and enterprises carrying on or engaged in such import or export.

4. (a) Every Party permitting the import or export of drugs shall require a separate import or export authorization to be obtained for each such import or export whether it consists of one or more drugs.

(b) Such authorization shall state the name of the drug, the international non-proprietary name if any, the quantity to be imported or exported, and the name and address of the importer and exporter, and shall specify the period within which the importation or exportation must be effected.

(c) The export authorization shall also state the number and date of the import certificate (paragraph 5) and the authority by whom it has been issued.

(d) The import authorization may allow an importation in more than one consignment.

5. Before issuing an export authorization the Parties shall require an import certificate, issued by the competent authorities of the importing country or territory and certifying that the importation of the drug or drugs referred to therein, is approved and such certificate shall be produced by the person or establishmentapplying for the export authorization. The Parties shall follow as closely as may be practicable the form of import certificate approved by the Commission.

6. A copy of the export authorization shall accompany each consignment, and the Government issuing the export authorization shall send a copy to the Government of the importing country or territory.

7. (a) The Government of the importing country or territory, when the importation has been effected or when the period fixed for the importation has expired, shall return the


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export authorization, with an endorsement to that effect, to the Government of the exporting country or territory.

(b) The endorsement shall specify the amount actually imported;

(c) If a lesser quantity than that specified in the export authorization is actually exported, the quantity actually exported shall be stated by the competent authorities on the export authorization and on any official copy thereof.

8. Exports of consignments to a post office box, or to a bank to the account of a Party other than the Party named in the export authorization, shall be prohibited.

9. Exports of consignments to a bonded warehouse are prohibited unless the Government of the importing country certifies on the import certificate, produced by the person or establishment applying for the export authorization, that it has approved the importation for the purpose of being placed in a bonded warehouse. In such case the export authorization shall specify that the consignment is exported for such purpose. Each withdrawal from the bonded warehouse shall require a permit from the authorities having jurisdiction over the warehouse and, in the case of a foreign destination shall be treated as if it were a new export within the meaning of this Convention.

10. Consignments of drugs entering or leaving the territory of a Party not accompanied by an export authorization shall be detained by the competent authorities.

11. A Party shall not permit any drugs consigned to another country to pass through its territory, whether or not the consignment is removed from the conveyance in which it is carried, unless a copy of the export authorization for such consignment is produced to the competent authorities of such Party.

12. The competent authorities of any country or territory through which a consignment of drugs is permitted to pass shall take all due measures to prevent the diversion of the consignment to a destination other than that named in the accompanying copy of the export authorization unless the Government of that country or territory through which the consignment is passing authorizes the diversion. The Government of the country or territory of transit shall treat any requested diversion as if the diversion were an export from the country or territory of transit to the country or territory of new destination. If the diversion is authorized, the provisions of paragraph 7 a) and b) shall also apply between the country or territory of transit and the country or territory which originally exported the consignment.

13. No consignment of drugs while in transit, or whilst being stored in a bonded warehouse, may be subjected to any process which would change the nature of the drugs in question. The packing may not be altered without the permission of the competent authorities.

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14. The provisions of paragraphs 11 to 13 relating to the passage of drugs through the territory of a Party do not apply where the consignment in question is transported by aircraft which does not land in the country or territory of transit. If the aircraft lands in any such country or territory, those provisions shall be applied so far as circumstances require.

15. The provisions of this article are without prejudice to the provisions of any international agreements which limit the control which may be exercised by any of the Parties over drugs in transit.

16. Nothing in this article other than paragraphs 1 a) and 2 need apply in the case of preparations in Schedule III.

Article 32

Special provisions concerning the carriage of drugs in first-aid kits of ships or aircraft engaged in international traffic

1. The international carriage by ships or aircraft of such limited amounts of drugs as may be needed during their journey or voyage for first-aid purposes or emergency cases shall not be considered to be import, export or passage through a country within the meaning of this Convention.

2. Appropriate safeguards shall be taken by the country of registry to prevent the improper use of the drugs referred to in paragraph 1 or their diversion for illicit purposes. The Commission, in consultation with the appropriate international organizations, shall recommend such safeguards.

3. Drugs carried by ships or aircraft in accordance with paragraph 1 shall be subject to the laws, regulations, permits and licences of the country of registry, without prejudice to any rights of the competent local authorities to carry out checks, inspections and other control measures on board ships or aircraft. The administration of such drugs in the case of emergency shall not be considered a violation of the requirements of article 30, paragraph 2 b).

Article 33

Possession of drugs

The Parties shall not permit the possession of drugs except under legal authority.


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Article 34

Measures of supervision and inspection

The Parties shall require:

(a) That all persons who obtain licences as provided in accordance with this Convention, or who have managerial or supervisory positions in a State enterprise established in accordance with this Convention, shall have adequate qualifications for the effective and faithful execution of the provisions of such laws and regulations as are enacted in pursuance thereof; and

(b) That governmental authorities, manufacturers, traders, scientists, scientific institutions and hospitals keep such records as will show the quantities of each drug manufactured and of each individual acquisition and disposal of drugs. Such records shall respectively be preserved for a period of not less than two years. Where counterfoil books (article 30, paragraph 2 b)) of official prescriptions are used, such books including the counterfoils shall also be kept for a period of not less than two years.

Article 35

Action against the illicit traffic

Having due regard to their constitutional, legal and administrative systems, the Parties shall:

(a) Make arrangements at the national level for co-ordination of preventive and repressive action against the illicit traffic; to this end they may usefully designate an appropriate agency responsible for such coordination;

(b) Assist each other in the campaign against the illicit traffic in narcotic drugs;

(c) Co-operate closely with each other and with the competent international organizations of which they are members with a view to maintaining a co-ordinated campaign against the illicit traffic;

(d) Ensure that international co-operation between the appropriate agencies be conducted in an expeditious manner; and

(e) Ensure that where legal papers are transmitted internationally for the purposes of a prosecution, the transmittal be effected in an expeditious manner to the bodies designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that legal papers be sent to it through the diplomatic channel;

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(f) Furnish, if they deem it appropriate, to the Board and the Commission through the Secretary-General, in addition to information required by article 18, information relating to illicit drug activity within their borders, including information on illicit cultivation, production, manufacture and use of, and on illicit trafficking in, drugs; and

(g) Furnish the information referred to in the preceding paragraph as far as possible in such manner, and by such dates as the Board may request; if requested by a Party, the Board may offer its advice to it in furnishing the information and in endeavouring to reduce the illicit drug activity within the borders of that Party.

Article 36

Penal provisions

1. (a) Subject to its constitutional limitations, each Party shall adopt such measures as will ensure that cultivation, production, manufacture, extraction, preparation, possession, offering, offering for sale, distribution, purchase, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation and exportation of drugs contrary to the provisions of this Convention, and any other action which in the opinion of such Party may be contrary to the provisions of this Convention, shall be punishable offences when committed intentionally, and that serious offences shall be liable to adequate punishment particularly by imprisonment or other penalties of deprivation of liberty.

(b) Notwithstanding the preceding subparagraph, when abusers of drugs have committed such offences, the Parties may provide, either as an alternative to conviction or punishment or in addition to conviction or punishment, that such abusers shall undergo measures of treatment, education, after-care, rehabilitation and social reintegration in conformity with paragraph 1 of article 38.

2. Subject to the constitutional limitations of a Party, its legal system and domestic law,

(a) (i) Each of the offences enumerated in paragraph 1, if committed in different countries, shall be considered as a distinct offence;

(ii) Intentional participation in, conspiracy to commit and attempts to commit, any of such offences, and preparatory acts and financial operations in connexion with the offences referred to in this article, shall be punishable offences as provided in paragraph 1;

(iii) Foreign convictions for such offences shall be taken into account for the purpose of establishing recidivism; and

(iv) Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if


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extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.

(b) (i) Each of the offences enumerated in paragraphs 1 and 2 a) ii) of this article shall be deemed to be included as an extraditable offence in any extradition treaty existing between Parties. Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

(ii) If a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offences enumerated in paragraphs 1 and 2(a)(ii) of this article. Extradition shall be subject to the other conditions provided by the law of the requested Party.

(iii) Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences enumerated in paragraphs 1 and 2 a) ii) of this article as extraditable offences between themselves, subject to the conditions provided by the law of the requested Party.

(iv) Extradition shall be granted in conformity with the law of the Party to which application is made, and, notwithstanding subparagraphs b) i), ii) and iii) of this paragraph, the Party, shall have the right to refuse to grant the extradition in cases where the competent authorities consider that the offence is not sufficiently serious.

3. The provisions of this article shall be subject to the provisions of the criminal law of the Party concerned on questions of jurisdiction.

4. Nothing contained in this article shall affect the principle that the offences to which it refers shall be defined, prosecuted and punished in conformity with the domestic law of a Party.

Article 37

Seizure and confiscation

Any drugs, substances and equipment used in or intended for the commission of any of the offences, referred to in article 36, shall be liable to seizure and confiscation.

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Article 38231

Measures against the abuse of drugs

1. The Parties shall give special attention to and take all practicable measures for the prevention of abuse of drugs and for the early identification, treatment, education, after-care, rehabilitation and social reintegration of the persons involved and shall co-ordinate their efforts to these ends.

2. The Parties shall as far as possible promote the training of personnel in the treatment, after-care, rehabilitation and social reintegration of abusers of drugs.

3. The Parties shall take all practicable measures to assist persons whose work so requires to gain an understanding of the problems of abuse of drugs and of its prevention, and shall also promote such understanding among the general public if there is a risk that abuse of drugs will become widespread.

Article 38 bis

Agreements on regional centres

If a Party considers it desirable as part of its action against the illicit traffic in drugs, having due regard to its constitutional, legal and administrative systems, and, if it so desires, with the technical advice of the Board or the specialized agencies, it shall promote the establishment, in consultation, with other interested Parties in the region, of agreements which contemplate the development of regional centres for scientific research and education to combat the problems resulting from the illicit use of and traffic in drugs.

Article 39

Application of stricter national control measures than those required by this convention

Notwithstanding anything contained in this Convention, a Party shall not be, or be deemed to be, precluded from adopting measures of control more strict or severe than those provided by this Convention and in particular from requiring that preparations in Schedule III or drugs in Schedule II be subject to all or such of the measures of control applicable to drugs in Schedule I as in its opinion is necessary or desirable for the protection of the public health or welfare.


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Article 402

Languages of the convention and procedure for signature, ratification and accession

1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be open for signature until 1 August 1961 on behalf of any Member of the United Nations, of any non-member State which is a Party to the Statute of the International Court of Justice or member of a specialized agency of the United Nations, and also of any other State which the Council may invite to become a Party.

2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General.

3. This Convention shall be open after 1 August 1961 for accession by the States referred to in paragraph 1. The instruments of accession shall be deposited with the Secretary-General.

Article 413

Entry into force

1. This Convention shall come into force on the thirtieth day following the date on which the fortieth instrument of ratification or accession is deposited in accordance with article 40.

2. In respect of any other State depositing an instrument of ratification or accession after the date of deposit of the said fortieth instrument, this Convention shall come into force on the thirtieth day after the deposit by that State of its instrument of ratification or accession.

__________________

2 Note by the Secretariat: The following two paragraphs are taken from the Introductory Note to the text of the Single Convention on Narcotic Drugs, 1961, as amended by the Protocol Amending the Single Convention on Narcotic Drugs, 1961, as established by the Secretary-General on 8 August 1975, in accordance with article 22 of the Protocol of 25 March 1972:

“The Protocol Amending the Single Convention on Narcotic Drugs, 1961 (hereinafter called the 1972 Protocol) entered into force on 8 August 1975, in accordance with paragraph 1 of its article 18. In respect to any States which is already a Party to the Single Convention and deposits with the Secretary-General, after the date of deposit of the fortieth instrument of ratification or accession, an instrument of ratification or accession to the 1972 Protocol, the latter will come into force on the thirtieth day after the deposit by that State of its instrument (see articles 17 and 18 of the 1972 Protocol).

“Any State which becomes a Party to the Single Convention after the entry into force of the 1972 Protocol shall, failing an expression of a different intention by that State: (a) be considered as a Party to the Single Conventi4on as amended; and (b) be considered as a Party to the unamended Single Convention in relation to any Party to that Convention not bound by the 1972 Protocol (see article 19 of the 1972 Protocol).”

3 See footnote 3 above.

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Article 42

Territorial application

This Convention shall apply to all non-metropolitan territories for the international relations of which any Party is responsible, except where the previous consent of such a territory is required by the Constitution of the Party or of the territory concerned, or required by custom. In such case the Party shall endeavour to secure the needed consent of the territory within the shortest period possible, and when that consent is obtained the Party shall notify the Secretary-General. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. In those cases where the previous consent of the non-metropolitan territory is not required, the Party concerned shall, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which this Convention applies.

Article 43

Territories for the purposes of Articles 19, 20, 21 and 31

1. Any Party may notify the Secretary-General that, for the purposes of articles 19, 20, 21 and 31, one of its territories is divided into two or more territories, or that two or more of its territories are consolidated into a single territory.

2. Two or more Parties may notify the Secretary-General that, as the result of the establishment of a customs union between them, those Parties constitute a single territory for the purposes of articles 19, 20, 21 and 31.

3. Any notification under paragraph 1 or 2 above shall take effect on 1 January of the year following the year in which the notification was made.

Article 44

Termination of previous international treaties

1. The provisions of this Convention, upon its coming into force, shall, as between Parties hereto, terminate and replace the provisions of the following treaties:

(a) International Opium Convention, signed at The Hague on 23 January 1912;

(b) Agreement concerning the Manufacture of, Internal Trade in and Use of Prepared Opium, signed at Geneva on 11 February 1925;

(c) International Opium Convention, signed at Geneva on 19 February 1925;


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(d) Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, signed at Geneva on 13 July 1931;

(e) Agreement for the Control of Opium Smoking in the Far East, signed at Bangkok on 27 November 1931;

(f) Protocol signed at Lake Success on 11 December 1946, amending the Agreements, Conventions and Protocols on Narcotic Drugs concluded at The Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925 and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936, except as it affects the last-named Convention;

(g) The Conventions and Agreements referred to in subparagraphs (a) to (e) as amended by the Protocol of 1946 referred to in subparagraph (f);

(h) Protocol signed at Paris on 19 November 1948 Bringing under International Control Drugs outside the Scope of the Convention of 13 July 1931 for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, as Amended by the Protocol signed at Lake Success on 11 December 1946;

(i) Protocol for Limiting and Regulating the Cultivation of the Poppy Plant, the Production of, International and Wholesale Trade in, and Use of Opium, signed at New York on 23 June 1953, should that Protocol have come into force.

2. Upon the coming into force of this Convention, article 9 of the Convention for the Suppression of the Illicit Traffic in Dangerous Drugs, signed at Geneva on 26 June 1936, shall, between the Parties thereto which are also Parties to this Convention, be terminated, and shall be replaced by paragraph 2 (b) of article 36 of this Convention; provided that such a Party may by notification to the Secretary-General continue in force the said article 9.

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Article 454

Transitional provisions

1. The functions of the Board provided for in article 9 shall, as from the date of the coming into force of this Convention (article 41, paragraph 1), be provisionally carried out by the Permanent Central Board constituted under chapter VI of the Convention referred to in article 44 (c) as amended, and by the Supervisory Body constituted under chapter II of the Convention referred to in article 44 (d) as amended, as such functions may respectively require.

2. The Council shall fix the date on which the new Board referred to in article 9 shall enter upon its duties. As from that date that Board shall, with respect to the States Parties to the treaties enumerated in article 44 which are not Parties to this Convention, undertake the functions of the Permanent Central Board and of the Supervisory Body referred to in paragraph 1.

Article 46

Denunciation

1. After the expiry of two years from the date of the coming into force of this Convention (article 41, paragraph 1) any Party may, on its own behalf or on behalf of a territory for which it has international responsibility, and which has withdrawn its consent given in accordance with article 42, denounce this Convention by an instrument in writing deposited with the Secretary-General.

__________________

4 The following is the text of article 20 of the 1972 Protocol:

“Article 20

“Transitional provisions

“1. The functions of the International Narcotics Control Board provided for in the amendments contained in this Protocol shall, as from the date of coming into force of this Protocol pursuant to paragraph 1 of article 18 above, be performed by the Board as constituted by the unamended Single Convention.

“2. The Economic and Social Council shall fix the date on which the Board constituted under the amendments contained in this Protocol shall enter upon its duties. As from that date the Board as so constituted shall, with respect to those Parties to the unamended Single Convention and to those Parties to the treaties enumerated in article 44 thereof which are not Parties to this Protocol, undertake the functions of the Board as constituted under the unamended Single Convention.

“3. Of the members elected at the first election after the increase in the membership of the Board from eleven to thirteen members the terms of six members shall expire at the end of three years and the terms of the other seven members shall expire at the end of five years.

“4. The members of the Board whose terms are to expire at the end of the above-mentioned initial period of three years shall be chosen by lot to be drawn by the Secretary-General immediately after the first election has been completed.”


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2. The denunciation, if received by the Secretary-General on or before the first day of July in any year, shall take effect on the first day of January in the succeeding year, and, if received after the first day of July, shall take effect as if it had been received on or before the first day of July in the succeeding year.

3. This Convention shall be terminated if, as a result of denunciations made in accordance with paragraph 1, the conditions for its coming into force as laid down in article 41, paragraph 1, cease to exist.

Article 47

Amendments

1. Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons therefore shall be communicated to the Secretary-General who shall communicate them to the Parties and to the Council. The Council may decide either:

(a) That a conference shall be called in accordance with Article 62, paragraph 4, of the Charter of the United Nations to consider the proposed amendment; or

(b) That the Parties shall be asked whether they accept the proposed amendment and also asked to submit to the Council any comments on the proposal.

2. If a proposed amendment circulated under paragraph 1 (b) of this article has not been rejected by any Party within eighteen months after it has been circulated, it shall thereupon enter into force. If, however, a proposed amendment is rejected by any Party, the Council may decide, in the light of comments received from Parties, whether a conference shall be called to consider such amendment.

Article 48

Disputes

1. If there should arise between two or more Parties a dispute relating to the interpretation or application of this Convention, the said Parties shall consult together with a view to the settlement of the dispute by negotiation, investigation, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.

2. Any such dispute which cannot be settled in the manner prescribed shall be referred to the International Court of Justice for decision.

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Article 49

Transitional reservations

1. A Party may at the time of signature, ratification or accession reserve the right to permit temporarily in any one of its territories:

(a) The quasi-medical use of opium;

(b) Opium smoking;

(c) Coca leaf chewing;

(d) The use of cannabis, cannabis resin, extracts and tinctures of cannabis for non-medical purposes; and

(e) The production and manufacture of and trade in the drugs referred to under a) to d) for the purposes mentioned therein.

2. The reservations under paragraph 1 shall be subject to the following restrictions:

(a) The activities mentioned in paragraph 1 may be authorized only to the extent that they were traditional in the territories in respect of which the reservation is made, and were there permitted on 1 January 1961.

(b) No export of the drugs referred to in paragraph 1 for the purposes mentioned therein may be permitted to a non-party or to a territory to which this Convention does not apply under article 42.

(c) Only such persons may be permitted to smoke opium as were registered by the competent authorities to this effect on 1 January 1964.

(d) The quasi-medical use of opium must be abolished within 15 years from the coming into force of this Convention as provided in paragraph 1 of article 41.

(e) Coca leaf chewing must be abolished within twenty-five years from the coming into force of this Convention as provided in paragraph 1 of article 41.

(f) The use of cannabis for other than medical and scientific purposes must be discontinued as soon as possible but in any case within twenty-five years from the coming into force of this Convention as provided in paragraph 1 of article 41.

(g) The production and manufacture of and trade in the drugs referred to in paragraph 1 for any of the uses mentioned therein must be reduced and finally abolished simultaneously with the reduction and abolition of such uses.


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3. A Party making a reservation under paragraph 1 shall:

(a) Include in the annual report to be furnished to the Secretary-General, in accordance with article 18, paragraph 1 a), an account of the progress made in the preceding year towards the abolition of the use, production, manufacture or trade referred to under paragraph l; and

(b) Furnish to the Board separate estimates (article 19) and statistical returns (article 20) in respect of the reserved activities in the manner and form prescribed by the Board.

4. (a) If a Party which makes a reservation under paragraph 1 fails to furnish:

(i) The report referred to in paragraph 3 a) within six months after the end of the year to which the information relates;

(ii) The estimates referred to in paragraph 3 b) within three months after the date fixed for that purpose by the Board in accordance with article 12, paragraph 1;

(iii) The statistics referred to in paragraph 3 b) within three months after the date on which they are due in accordance with article 20, paragraph 2, the Board or the Secretary-General, as the case may be, shall send to the Party concerned a notification of the delay, and shall request such information within a period of three months after the receipt of that notification.

(b) If the Party fails to comply within this period with the request of the Board or the Secretary-General, the reservation in question made under paragraph 1 shall cease to be effective.

5. A State which has made reservations may at any time by notification in writing withdraw all or part of its reservations.

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Article 505

Other reservations

1. No reservations other than those made in accordance with article 49 or with the following paragraphs shall be permitted.

2. Any State may at the time of signature, ratification or accession make reservations in respect of the following provisions of this Convention: Article 12, paragraphs 2 and 3; article 13, paragraph 2; article 14, paragraphs 1 and 2; article 31, paragraph 1 b) and article 48.

3. A State which desires to become a Party but wishes to be authorized to make reservations other than those made in accordance with paragraph 2 of this article or with article 49 may inform the Secretary- General of such intention. Unless by the end of twelve months after the date of the Secretary-General's communication of the reservation concerned, this reservation has been objected to by one third of the States that have ratified or acceded to this Convention before the end of that period, it shall be deemed to be permitted, it being understood however that States which have objected to the reservation need not assume towards the reserving State any legal obligation under this Convention which is affected by the reservation.

4. A State which has made reservations may at any time by notification in writing withdraw all or part of its reservations.

__________________

5 The following is the text of article 21 of the 1972 Protocol:

“Article 21

“Reservations

“1. Any State may, at the time of signature or ratification of or accession to this Protocol, make a reservation in respect of any amendment contained herein other than the amendments to article 2, paragraphs 6 and 7 (article 1 of this Protocol), article 9, paragraphs 1, 4 and 5 (article 2 of this Protocol), article 10, paragraphs 1 and 4 (article 3 of this Protocol), article 11(article 4 of this Protocol), article 14 bis (article 7 of this Protocol), article 16 (article 8 of this Protocol), article 22 (article 12 of this Protocol), article 35 (article 13 of this Protocol), article 36, paragraph 1 b) (article 14 of this Protocol), article 38 (article 15 of this Protocol) and article 38 bis (article 16 of this Protocol).

“2. A State which has made reservations may at any time by notification in writing withdraw all or part of its reservations.”

* Note by the Secretariat: The following explanatory note is reproduced from the certified true copy, established by the Secretary- General on 8 August 1975, of the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961:

“It will be noted that States that wish to make a reservation to one or more of the amendments in accordance with the above article 21 of he 1972 Protocol should first become Parties to the Single Convention in its unamended form (if they have not already done so), and then should ratify or accede to the 1972 Protocol subject to the desired reservation.”


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Article 51

Notifications

The Secretary-General shall notify to all the States referred to in paragraph 1 of article 40:

(a) Signatures, ratifications and accessions in accordance with article 40;

(b) The date upon which this Convention enters into force in accordance with article 41;

(c) Denunciations in accordance with article 46; and

(d) Declarations and notifications under articles 42, 43, 47, 49 and 50.

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2. Convention on Psychotropic Substances, 1971

Signed at Vienna on 21 February 1971 In force on 16 August 1976, in accordance with Article 26 (1) Depositary: Secretary-General of the United Nations

PREAMBLE

The Parties,

Being concerned with the health and welfare of mankind,

Noting with concern the public health and social problems resulting from the abuse of certain psychotropic substances,

Determined to prevent and combat abuse of such substances and the illicit traffic to which it gives rise,

Considering that rigorous measures are necessary to restrict the use of such substances to legitimate purposes,

Recognizing that the use of psychotropic substances for medical and scientific purposes is indispensable and that their availability for such purposes should not be unduly restricted,

Believing that effective measures against abuse of such substances require co-ordination and universal action,

Acknowledging the competence of the United Nations in the field of control of psychotropic substances and desirous that the international organs concerned should be within the framework of that Organization,

Recognizing that an international convention is necessary to achieve these purposes,

Agree as follows:

Article 1

Use of terms

Except where otherwise expressly indicated, or where the context otherwise requires, the following terms in this Convention have the meanings given below:

(a) “Council” means the Economic and Social Council of the United Nations.

(b) “Commission” means the Commission on Narcotic Drugs of the Council.


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(c) “Board” means the International Narcotics Control Board provided for in the Single Convention on Narcotic Drugs, 1961.

(d) “Secretary-General” means the Secretary-General of the United Nations.

(e) “Psychotropic substance” means any substance, natural or synthetic, or any natural material in Schedule I, II, III or IV.

(f) “Preparation” means:

(i) Any solution or mixture, in whatever physical state, containing one or more psychotropic substances, or

(ii) One or more psychotropic substances in dosage form.

(g) “Schedule I”, “Schedule II”, “Schedule III” and “Schedule IV” mean the correspondingly numbered lists of psychotropic substances annexed to this Convention, as altered in accordance with article 2.

(h) “Export” and “import” mean in their respective connotations the physical transfer of a psychotropic substance from one State to another State.

(i) “Manufacture” means all processes by which psychotropic substances may be obtained, and includes refining as well as the transformation of psychotropic substances into other psychotropic substances. The term also includes the making of preparations other than those made on prescription in pharmacies.

(j) “Illicit traffic” means manufacture of or trafficking in psychotropic substances contrary to the provisions of this Convention.

(k) “Region” means any part of a State which, pursuant to article 28, is treated as a separate entity for the purposes of this Convention.

(l) “Premises” means buildings or parts of buildings, including the appertaining land.

Article 2

Scope of control of substances

1. If a Party or the World Health Organization has information relating to a substance not yet under international control which in its opinion may require the addition of that substance to any of the Schedules of this Convention, it shall notify the Secretary-General and furnish him with the information in support of that notification. The foregoing procedure shall also apply when a Party or the World Health Organization has information

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justifying the transfer of a substance from one Schedule to another among those Schedules, or the deletion of a substance from the Schedules.

2. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission and, when the notification is made by a Party, to the World Health Organization.

3. If the information transmitted with such a notification indicates that the substance is suitable for inclusion in Schedule I or Schedule II pursuant to paragraph 4, the Parties shall examine, in the light of all information available to them, the possibility of the provisional application to the substance of all measures of control applicable to substances in Schedule I or Schedule II, as appropriate.

4. If the World Health Organization finds:

(a) That the substance has the capacity to produce

(i) 1) A state of dependence, and 2) Central nervous system stimulation or depression, resulting in hallucinations or disturbances in motor function or thinking or behaviour or perception or mood, or

(ii) Similar abuse and similar ill effects as a substance in Schedule I, II, III or IV, and

(b) That there is sufficient evidence that the substance is being or is likely to be abused so as to constitute a public health and social problem warranting the placing of the substance under international control, the World Health Organization shall communicate to the Commission an assessment of the substance, including the extent or likelihood of abuse, the degree of seriousness of the public health and social problem and the degree of usefulness of the substance in medical therapy, together with recommendations on control measures, if any, that would be appropriate in the light of its assessment.

5. The Commission, taking into account the communication from the World Health Organization, whose assessments shall be determinative as to medical and scientific matters, and bearing in mind the economic, social, legal, administrative and other factors it may consider relevant, may add the substance to Schedule I, II, III or IV. The Commission may seek further information from the World Health Organization or from other appropriate sources.

6. If a notification under paragraph 1 relates to a substance already listed in one of the Schedules, the World Health Organization shall communicate to the Commission its new findings, any new assessment of the substance it may make in accordance with paragraph 4 and any new recommendations on control measures it may find appropriate in the light of that assessment. The Commission, taking into account the communication from the World Health Organization as under paragraph 5 and bearing in mind the factors referred to in that


209

paragraph, may decide to transfer the substance from one Schedule to another or to delete it from the Schedules.

7. Any decision of the Commission taken pursuant to this article shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Convention, to the World Health Organization and to the Board. Such decision shall become fully effective with respect to each Party 180 days after the date of such communication, except for any Party which, within that period, in respect of a decision adding a substance to a Schedule, has transmitted to the Secretary-General a written notice that, in view of exceptional circumstances, it is not in a position to give effect with respect to that substance to all of the provisions of the Convention applicable to substances in that Schedule. Such notice shall state the reasons for this exceptional action. Notwithstanding its notice, each Party shall apply, as a minimum, the control measures listed below:

(a) A Party having given such notice with respect to a previously uncontrolled substance added to Schedule I shall take into account, as far as possible, the special control measures enumerated in article 7 and, with respect to that substance, shall:

(i) Require licences for manufacture, trade and distribution as provided in article 8 for substances in Schedule II;

(ii) Require medical prescriptions for supply or dispensing as provided in article 9 for substances in Schedule II;

(iii) Comply with the obligations relating to export and import provided in article 12, except in respect to another Party having given such notice for the substance in question;

(iv) Comply with the obligations provided in article 13 for substances in Schedule II in regard to prohibition of and restrictions on export and import;

(v) Furnish statistical reports to the Board in accordance with paragraph 4 a) of article 16; and

(vi) Adopt measures in accordance with article 22 for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.

(b) A Party having given such notice with regard to a previously uncontrolled substance added to Schedule II shall, with respect to that substance:

(i) Require licences for manufacture, trade and distribution in accordance with article 8;

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(ii) Require medical prescriptions for supply or dispensing in accordance with article 9;

(iii) Comply with the obligations relating to export and import provided in Article 12, except in respect to another Party having given such notice for the substance in question;

(iv) Comply with the obligations of article 13 in regard to prohibition of and restrictions on export and import;

(v) Furnish statistical reports to the Board in accordance with paragraphs 4 a), c) and d) of article 16; and

(vi) Adopt measures in accordance with article 22 for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.

(c) A Party having given such notice with regard to a previously uncontrolled substance added to Schedule III shall, with respect to that substance:


(ii) Require medical prescriptions for supply or dispensing in accordance with article 9;

(iii) Comply with the obligations relating to export provided in article 12, except in respect to another Party having given such notice for the substance in question;

(iv) Comply with the obligations of article 13 in regard to prohibition of and restrictions on export and import; and

(v) Adopt measures in accordance with article 22 for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.

(d) A Party having given such notice with regard to a previously uncontrolled substance added to Schedule IV shall, with respect to that substance:


(ii) Comply with the obligations of article 13 in regard to prohibition of and restrictions on export and import; and


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(iii) Adopt measures in accordance with article 22 for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations.

(e) A Party having given such notice with regard to a substance transferred to a Schedule providing stricter controls and obligations shall apply as a minimum all of the provisions of this Convention applicable to the Schedule from which it was transferred.

8. (a) The decisions of the Commission taken under this article shall be subject to review by the Council upon the request of any Party filed within 180 days from receipt of notification of the decision. The request for review shall be sent to the Secretary-General together with all relevant information upon which the request for review is based.

(b) The Secretary-General shall transmit copies of the request for review and the relevant information to the Commission, to the World Health Organization and to all the Parties, inviting them to submit comments within ninety days. All comments received shall be submitted to the Council for consideration.

(c) The Council may confirm, alter or reverse the decision of the Commission. Notification of the Council's decision shall be transmitted to all States Members of the United Nations, to non-member States Parties to this Convention, to the Commission, to the World Health Organization and to the Board.

(d) During pendency of the review, the original decision of the Commission shall, subject to paragraph 7, remain in effect.

9. The Parties shall use their best endeavours to apply to substances which do not fall under this Convention, but which may be used in the illicit manufacture of psychotropic substances, such measures of supervision as may be practicable.

Article 3

Special provisions regarding the control of preparations

1. Except as provided in the following paragraphs of this article, a preparation is subject to the same measures of control as the psychotropic substance which it contains, and, if it contains more than one such substance, to the measures applicable to the most strictly controlled of those substances.

2. If a preparation containing a psychotropic substance other than a substance in Schedule I is compounded in such a way that it presents no, or a negligible, risk of abuse and the substance cannot be recovered by readily applicable means in a quantity liable to abuse, so that the preparation does not give rise to a public health and social problem, the preparation may be exempted from certain of the measures of control provided in this Convention in accordance with paragraph 3.

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3. If a Party makes a finding under the preceding paragraph regarding a preparation, it may decide to exempt the preparation, in its country or in one of its regions, from any or all of the measures of control provided in this Convention except the requirements of:

(a) article 8 (licences), as it applies to manufacture;

(b) article 11 (records), as it applies to exempt preparations;

(c) article 13 (prohibition of and restrictions on export and import);

(d) article 15 (inspection), as it applies to manufacture;

(e) article 16 (reports to be furnished by the Parties), as it applies to exempt preparations; and

(f) article 22 (penal provisions), to the extent necessary for the repression of acts contrary to laws or regulations adopted pursuant to the foregoing obligations. A Party shall notify the Secretary-General of any such decision, of the name and composition of the exempt preparation, and of the measures of control from which it is exempted. The Secretary-General shall transmit the notification to the other Parties, to the World Health Organization and to the Board.

4. If a Party or the World Health Organization has information regarding a preparation exempted pursuant to paragraph 3 which in its opinion may require the termination, in whole or in part, of the exemption, it shall notify the Secretary-General and furnish him with the information in support of the notification. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission and, when the notification is made by a Party, to the World Health Organization. The World Health Organization shall communicate to the Commission an assessment of the preparation in relation to the matters specified in paragraph 2, together with a recommendation of the control measures, if any, from which the preparation should cease to be exempted. The Commission, taking into account the communication from the World Health Organization, whose assessment shall be determinative as to medical and scientific matters, and bearing in mind the economic, social, legal, administrative and other factors it may consider relevant, may decide to terminate the exemption of the preparation from any or all control measures. Any decision of the Commission taken pursuant to this paragraph shall be communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to this Convention, to the World Health Organization and to the Board. All Parties shall take measures to terminate the exemption from the control measure or measures in question within 180 days of the date of the Secretary-General’s communication.


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Article 4

Other special provisions regarding the scope of control

In respect of psychotropic substances other than those in Schedule I, the Parties may permit:

(a) The carrying by international travellers of small quantities of preparations for personal use; each Party shall be entitled, however, to satisfy itself that these preparations have been lawfully obtained;

(b) The use of such substances in industry for the manufacture of non-psychotropic substances or products, subject to the application of the measures of control required by this Convention until the psychotropic substances come to be in such a condition that they will not in practice be abused or recovered;

(c) The use of such substances, subject to the application of the measures of control required by this Convention, for the capture of animals by persons specifically authorized by the competent authorities to use such substances for that purpose.

Article 5

Limitation of use to medical and scientific purposes

1. Each Party shall limit the use of substances in Schedule I as provided in article 7.

2. Each Party shall, except as provided in article 4, limit by such measures as it considers appropriate the manufacture, export, import, distribution and stocks of, trade in, and use and possession of, substances in Schedules II, III and IV to medical and scientific purposes.

3. It is desirable that the Parties do not permit the possession of substances in Schedules II, III and IV except under legal authority.

Article 6

Special administration

It is desirable that for the purpose of applying the provisions of this Convention, each Party establish and maintain a special administration, which may with advantage be the same as, or work in close cooperation with, the special administration established pursuant to the provisions of conventions for the control of narcotic drugs.

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Article 7

Special provisions regarding substances in schedule I

In respect of substances in Schedule I, the Parties shall:

(a) Prohibit all use except for scientific and very limited medical purposes by duly authorized persons, in medical or scientific establishments which are directly under the control of their Governments or specifically approved by them;

(b) Require that manufacture, trade, distribution and possession be under a special licence or prior authorization;

(c) Provide for close supervision of the activities and acts mentioned in paragraphs a) and b);

(d) Restrict the amount supplied to a duly authorized person to the quantity required for his authorized purpose;

(e) Require that persons performing medical or scientific functions keep records concerning the acquisition of the substances and the details of their use, such records to be preserved for at least two years after the last use recorded therein; and

(f) Prohibit export and import except when both the exporter and importer are the competent authorities or agencies of the exporting and importing country or region, respectively, or other persons or enterprises which are specifically authorized by the competent authorities of their country or region for the purpose. The requirements of paragraph 1 of article 12 for export and import authorizations for substances in Schedule II shall also apply to substances in Schedule I.

Article 8

Licences

1. The Parties shall require that the manufacture of, trade (including export and import trade) in, and distribution of substances listed in Schedules II, III and IV be under licence or other similar control measure.


(a) Control all duly authorized persons and enterprises carrying on or engaged in the manufacture of, trade (including export and import trade) in, or distribution of substances referred to in paragraph 1;


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(b) Control under licence or other similar control measure the establishments and premises in which such manufacture, trade or distribution may take place; and

(c) Provide that security measures be taken with regard to such establishments and premises in order to prevent theft or other diversion of stocks.

3. The provisions of paragraphs 1 and 2 of this article relating to licensing or other similar control measures need not apply to persons duly authorized to perform and while performing therapeutic or scientific functions.

4. The Parties shall require that all persons who obtain licences in accordance with this Convention or who are otherwise authorized pursuant to paragraph 1 of this article or sub-paragraph (b) of article 7 shall be adequately qualified for the effective and faithful execution of the provisions of such laws and regulations as are enacted in pursuance of this Convention.

Article 9

Prescriptions

1. The Parties shall require that substances in Schedules II, III and IV be supplied or dispensed for use by individuals pursuant to medical prescription only, except when individuals may lawfully obtain, use, dispense or administer such substances in the duly authorized exercise of therapeutic or scientific functions.

2. The Parties shall take measures to ensure that prescriptions for substances in Schedules II, III and IV are issued in accordance with sound medical practice and subject to such regulation, particularly as to the number of times they may be refilled and the duration of their validity, as will protect the public health and welfare.

3. Notwithstanding paragraph 1, a Party may, if in its opinion local circumstances so require and under such conditions, including record-keeping, as it may prescribe, authorize licensed pharmacists or other licensed retail distributors designated by the authorities responsible for public health in its country or part thereof to supply, at their discretion and without prescription, for use for medical purposes by individuals in exceptional cases, small quantities, within limits to be defined by the Parties, of substances in Schedules III and IV.

Article 10

Warnings on packages, and advertising

1. Each Party shall require, taking into account any relevant regulations or recommendations of the World Health Organization, such directions for use, including cautions and warnings, to be indicated on the labels where practicable and in any case on the

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accompanying leaflet of retail packages of psychotropic substances, as in its opinion are necessary for the safety of the user.

2. Each Party shall, with due regard to its constitutional provisions, prohibit the advertisement of such substances to the general public.

Article 11

Records

1. The Parties shall require that, in respect of substances in Schedule I, manufactures and all other persons authorized under article 7 to trade in and distribute those substances keep records, as may be determined by each Party, showing details of the quantities manufactured, the quantities held in stock, and, for each acquisition and disposal, details of the quantity, date, supplier and recipient.

2. The Parties shall require that, in respect of substances in Schedules II and III, manufacturers, wholesale distributors, exporters and importers keep records, as may be determined by each Party, showing details of the quantities manufactured and, for each acquisition and disposal, details of the quantity, date, supplier and recipient.

3. The Parties shall require that, in respect of substances in Schedule II, retail distributors, institutions for hospitalization and care and scientific institutions keep records, as may be determined by each Party, showing, for each acquisition and disposal, details of the quantity, date, supplier and recipient.

4. The Parties shall ensure, through appropriate methods and taking into account the professional and trade practices in their countries, that information regarding acquisition and disposal of substances in Schedule III by retail distributors, institutions for hospitalization and care and scientific institutions is readily available.

5. The Parties shall require that, in respect of substances in Schedule IV, manufacturers, exporters and importers keep records, as may be determined by each Party, showing the quantities manufactured, exported and imported.

6. The Parties shall require manufacturers of preparations exempted under paragraph 3 of article 3 to keep records as to the quantity of each psychotropic substance used in the manufacture of an exempt preparation, and as to the nature, total quantity and initial disposal of the exempt preparation manufactured therefrom.

7. The Parties shall ensure that the records and information referred to in this article which are required for purposes of reports under article 16 shall be preserved for at least two years.


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Article 12

Provisions relating to international trade

1. (a) very Party permitting the export or import of substances in Schedule I or II shall require a separate import or export authorization, on a form to be established by the Commission, to be obtained for each such export or import whether it consists of one or more substances.

(b) Such authorization shall state the international non-proprietary name, or, lacking such a name, the designation of the substance in the Schedule, the quantity to be exported or imported, the pharmaceutical form, the name and address of the exporter and importer, and the period within which the export or import must be effected. If the substance is exported or imported in the form of a preparation, the name of the preparation, if any, shall additionally be furnished. The export authorization shall also state the number and date of the import authorization and the authority by whom it has been issued.

(c) Before issuing an export authorization the Parties shall require an import authorization, issued by the competent authority of the importing country or region and certifying that the importation of the substance or substances referred to therein is approved, and such an authorization shall be produced by the person or establishment applying for the export authorization.

(d) A copy of the export authorization shall accompany each consignment, and the Government issuing the export authorization shall send a copy to the Government of the importing country or region.

(e) The Government of the importing country or region, when the importation has been effected, shall return the export authorization with an endorsement certifying the amount actually imported, to the Government of the exporting country or region.

2. (a) The Parties shall require that for each export of substances in Schedule III exporters shall draw up a declaration in triplicate, on a form to be established by the Commission, containing the following information:

(i) The name and address of the exporter and importer;

(ii) The international non-proprietary name, or, failing such a name, the designation of the substance in the Schedule;

(iii) The quantity and pharmaceutical form in which the substance is exported, and, if in the form of a preparation, the name of the preparation, if any; and

(iv) The date of dispatch.

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(b) Exporters shall furnish the competent authorities of their country or region with two copies of the declaration. They shall attach the third copy to their consignment.

(c) A Party from whose territory a substance in Schedule III has been exported shall, as soon as possible but not later than ninety days after the date of dispatch, send to the competent authorities of the importing country or region, by registered mail with return of receipt requested, one copy of the declaration received from the exporter.

(d) The Parties may require that, on receipt of the consignment, the importer shall transmit the copy accompanying the consignment, duly endorsed stating the quantities received and the date of receipt, to the competent authorities of his country or region.

3. In respect of substances in Schedules I and II the following additional provisions shall apply:

(a) The Parties shall exercise in free ports and zones the same supervision and control as in other parts of their territory, provided, however, that they may apply more drastic measures.

(b) Exports of consignments to a post office box, or to a bank to the account of a person other than the person named in the export authorization, shall be prohibited.

(c) Exports to bonded warehouses of consignments of substances in Schedule I are prohibited. Exports of consignments of substances in Schedule II to a bonded warehouse are prohibited unless the Government of the importing country certifies on the import authorization, produced by the person or establishment applying for the export authorization, that it has approved the importation for the purpose of being placed in a bonded warehouse. In such case the export authorization shall certify that the consignment is exported for such purpose. Each withdrawal from the bonded warehouse shall require a permit from the authorities having jurisdiction over the warehouse and, in the case of a foreign destination, shall be treated as if it were a new export within the meaning of this Convention.

(d) Consignments entering or leaving the territory of a Party not accompanied by an export authorization shall be detained by the competent authorities.

(e) A Party shall not permit any substances consigned to another country to pass through its territory, whether or not the consignment is removed from the conveyance in which it is carried, unless a copy of the export authorization for consignment is produced to the competent authorities of such Party.

(f) The competent authorities of any country or region through which a consignment of substances is permitted to pass shall take all due measures to prevent the diversion of the consignment to a destination other than that named in the accompanying copy of the export authorization, unless the Government of the country or region through which the


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consignment is passing authorizes the diversion. The Government of the country or region of transit shall treat any requested diversion as if the diversion were an export from the country or region of transit to the country or region of new destination. If the diversion is authorized, the provisions of paragraph 1 e) shall also apply between the country or region of transit and the country or region which originally exported the consignment.

(g) No consignment of substances, while in transit or whilst being stored in a bonded warehouse, may be subjected to any process which would change the nature of the substance in question. The packing may not be altered without the permission of the competent authorities.

(h) The provisions of sub-paragraphs e) to g) relating to the passage of substances through the territory of a Party do not apply where the consignment in question is transported by aircraft which does not land in the country or region of transit. If the aircraft lands in any such country or region, those provisions shall be applied so far as circumstances require.

(i) The provisions of this paragraph are without prejudice to the provisions of any international agreements which limit the control which may be exercised by any of the Parties over such substances in transit.

Article 13

Prohibition of and restrictions on export and import

1. A Party may notify all the other Parties through the Secretary-General that it prohibits the import into its country or into one of its regions of one or more substances in Schedule II, III or IV, specified in its notification. Any such notification shall specify the name of the substance as designated in Schedule II, III or IV.

2. If a Party has been notified of a prohibition pursuant to paragraph 1, it shall take measures to ensure that none of the substances specified in the notification is exported to the country or one of the regions of the notifying Party.

3. Notwithstanding the provisions of the preceding paragraphs, a Party which has given notification pursuant to paragraph 1 may authorize by special import licence in each case the import of specified quantities of the substances in question or preparations containing such substances. The issuing authority of the importing country shall send two copies of the special import licence, indicating the name and address of the importer and the exporter, to the competent authority of the exporting country or region, which may then authorize the exporter to make the shipment. One copy of the special import licence, duly endorsed by the competent authority of the exporting country or region, shall accompany the shipment.

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Article 14

Special provisions concerning the carriage of psychotropic substances in first-aid kits of ships, aircraft or other forms of public transport engaged in international traffic

1. The international carriage by ships, aircraft or other forms of international public transport, such as international railway trains and motor coaches, of such limited quantities of substances in Schedule II, III or IV as may be needed during their journey or voyage for first-aid purposes or emergency cases shall not be considered to be export, import or passage through a country within the meaning of this Convention.

2. Appropriate safeguards shall be taken by the country of registry to prevent the improper use of the substances referred to in paragraph 1 or their diversion for illicit purposes. The Commission, in consultation with the appropriate international organizations, shall recommend such safeguards.

3. Substances carried by ships, aircraft or other forms of international public transport, such as international railway trains and motor coaches, in accordance with paragraph 1 shall be subject to the laws, regulations, permits and licences of the country of registry, without prejudice to any rights of the competent local authorities to carry out checks, inspections and other control measures on board these conveyances. The administration of such substances in the case of emergency shall not be considered a violation of the requirements of paragraph 1 of article 9.

Article 15

Inspection

The Parties shall maintain a system of inspection of manufacturers, exporters, importers, and wholesale and retail distributors of psychotropic substances and of medical and scientific institutions which use such substances. They shall provide for inspections, which shall be made as frequently as they consider necessary, of the premises and of stocks and records.

Article 16

Reports to be furnished by the parties

1. The Parties shall furnish to the Secretary-General such information as the Commission may request as being necessary for the performance of its functions, and in particular an annual report regarding the working of the Convention in their territories including information on:

(a) Important changes in their laws and regulations concerning psychotropic substances; and


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(b) Significant developments in the abuse of and the illicit traffic in psychotropic substances within their territories.

2. The Parties shall also notify the Secretary-General of the names and addresses of the governmental authorities referred to in sub-paragraph f) of article 7, in article 12 and in paragraph 3 of article 13. Such information shall be made available to all Parties by the Secretary-General.

3. The Parties shall furnish, as soon as possible after the event, a report to the Secretary-General in respect of any case of illicit traffic in psychotropic substances or seizure from such illicit traffic which they consider important because of:

(a) New trends disclosed;

(b) The quantities involved;

(c) The light thrown on the sources from which the substances are obtained; or

(d) The methods employed by illicit traffickers.

Copies of the report shall be communicated in accordance with sub-paragraph b) of article 21.

4. The Parties shall furnish to the Board annual statistical reports in accordance with forms prepared by the Board:

(a) In regard to each substance in Schedules I and II, on quantities manufactured, exported to and imported from each country or region as well as on stocks held by manufacturers;

(b) In regard to each substance in Schedules III and IV, on quantities manufactured, as well as on total quantities exported and imported;

(c) In regard to each substance in Schedules II and III, on quantities used in the manufacture of exempt preparations; and

(d) In regard to each substance other than a substance in Schedule I, on quantities used for industrial purposes in accordance with sub-paragraph b) of article 4. The quantities manufactured which are referred to in sub-paragraphs a) and b) of this paragraph do not include the quantities of preparations manufactured.

5. A Party shall furnish the Board, on its request, with supplementary statistical information relating to future periods on the quantities of any individual substance in Schedules III and IV exported to and imported from each country or region. That Party may

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request that the Board treat as confidential both its request for information and the information given under this paragraph.

6. The Parties shall furnish the information referred to in paragraphs 1 and 4 in such a manner and by such dates as the Commission or the Board may request.

Article 17

Functions of the Commission

1. The Commission may consider all matters pertaining to the aims of this Convention and to the implementation of its provisions, and may make recommendations relating thereto.

2. The decisions of the Commission provided for in articles 2 and 3 shall be taken by a two-thirds majority of the members of the Commission.

Article 18


1. The Board shall prepare annual reports on its work containing an analysis of the statistical information at its disposal, and, in appropriate cases, an account of the explanations, if any, given by or required of Governments, together with any observations and recommendations which the Board desires to make. The Board may make such additional reports, as it considers necessary. The reports shall be submitted to the Council through the Commission, which may make such comments as it sees fit.

2. The reports of the Board shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties shall permit their unrestricted distribution.

Article 19

Measures by the board to ensure the execution of the provisions of the Convention

1. (a) If, on the basis of its examination of information submitted by governments to the Board or of information communicated by United Nations organs, the Board has reason to believe that the aims of this Convention are being seriously endangered by reason of the failure of a country or region to carry out the provisions of this Convention, the Board shall have the right to ask for explanations from the Government of the country or region in question. Subject to the right of the Board to call the attention of the Parties, the Council and the Commission to the matter referred to in sub-paragraph c) below, it shall treat as confidential a request for information or an explanation by a government under this subparagraph.


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(b) After taking action under sub-paragraph a), the Board, if satisfied that it is necessary to do so, may call upon the Government concerned to adopt such remedial measures as shall seem under the circumstances to be necessary for the execution of the provisions of this Convention.

(c) If the Board finds that the Government concerned has failed to give satisfactory explanations when called upon to do so under sub-paragraph a), or has failed to adopt any remedial measures which it has been called upon to take under sub-paragraph b), it may call the attention of the Parties, the Council and the Commission to the matter.

2. The Board, when calling the attention of the Parties, the Council and the Commission to a matter in accordance with paragraph 1 c), may, if it is satisfied that such a course is necessary, recommend to the Parties that they stop the export, import, or both, of particular psychotropic substances, from or to the country or region concerned, either for a designated period or until the Board shall be satisfied as to the situation in that country or region. The State concerned may bring the matter before the Council.

3. The Board shall have the right to publish a report on any matter dealt with under the provisions of this article, and communicate it to the Council, which shall forward it to all Parties. If the Board publishes in this report a decision taken under this article or any information relating thereto, it shall also publish therein the views of the Government concerned if the latter so requests.

4. If in any case a decision of the Board which is published under this article is not unanimous, the views of the minority shall be stated.

5. Any State shall be invited to be represented at a meeting of the Board at which a question directly interesting it is considered under this article.


7. The provisions of the above paragraphs shall also apply if the Board has reason to believe that the aims of this Convention are being seriously endangered as a result of a decision taken by a Party under paragraph 7 of article 2.

Article 20

Measures against the abuse of psychotropic substances

1. The Parties shall take all practicable measures for the prevention of abuse of psychotropic substances and for the early identification, treatment, education, after-care, rehabilitation and social reintegration of the persons involved, and shall co-ordinate their efforts to these ends.

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2. The Parties shall as far as possible promote the training of personnel in the treatment, after-care, rehabilitation and social reintegration of abusers of psychotropic substances.

3. The Parties shall assist persons whose work so requires to gain an understanding of the problems of abuse of psychotropic substances and of its prevention, and shall also promote such understanding among the general public if there is a risk that abuse of such substances will become widespread.

Article 21

Action against the illicit traffic

Having due regard to their constitutional, legal and administrative systems, the Parties shall:

(a) Make arrangements at the national level for the co-ordination of preventive and repressive action against the illicit traffic; to this end they may usefully designate an appropriate agency responsible for such co-ordination;

(b) Assist each other in the campaign against the illicit traffic in psychotropic substances, and in particular immediately transmit, through the diplomatic channel or the competent authorities designated by the Parties for this purpose, to the other Parties directly concerned, a copy of any report addressed to the Secretary-General under article 16 in connexion with the discovery of a case of illicit traffic or a seizure;

(c) Co-operate closely with each other and with the competent international organizations of which they are members with a view to maintaining a co-ordinated campaign against the illicit traffic;

(d) Ensure that international co-operation between the appropriate agencies be conducted in an expeditious manner; and

(e) Ensure that, where legal papers are transmitted internationally for the purpose of judicial proceedings, the transmittal be effected in an expeditious manner to the bodies designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that legal papers be sent to it through the diplomatic channel.

Article 22

Penal provisions

1. (a) Subject to its constitutional limitations, each Party shall treat as a punishable offence, when committed intentionally, any action contrary to a law or regulation adopted in pursuance of its obligations under this Convention, and shall ensure that serious offences


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shall be liable to adequate punishment, particularly by imprisonment or other penalty of deprivation of liberty.

(b) Notwithstanding the preceding sub-paragraph, when abusers of psychotropic substances have committed such offences, the Parties may provide, either as an alternative to conviction or punishment or in addition to punishment, that such abusers undergo measures of treatment, education, after-care, rehabilitation and social reintegration in conformity with paragraph 1 of article 20.

2. Subject to the constitutional limitations of a Party, its legal system and domestic law,

(a) (i) If a series of related actions constituting offences under paragraph 1 has been committed in different countries, each of them shall be treated as a distinct offence;

(ii) Intentional participation in, conspiracy to commit and attempts to commit, any of such offences, and preparatory acts and financial operations in connexion with the offences referred to in this article, shall be punishable offences as provided in paragraph 1;

(iii) Foreign convictions for such offences shall be taken into account for the purpose of establishing recidivism; and

(iv) Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.

(b) It is desirable that the offences referred to in paragraph 1 and paragraph 2 a) ii) be included as extradition crimes in any extradition treaty which has been or may hereafter be concluded between any of the Parties, and, as between any of the Parties which do not make extradition conditional on the existence of a treaty or on reciprocity, be recognized as extradition crimes; provided that extradition shall be granted in conformity with the law of the Party to which application is made, and that the Party shall have the right to refuse to effect the arrest or grant the extradition in cases where the competent authorities consider that the offence is not sufficiently serious.

3. Any psychotropic substance or other substance, as well as any equipment, used in or intended for the commission of any of the offences referred to in paragraphs 1 and 2 shall be liable to seizure and confiscation.

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4. The provisions of this article shall be subject to the provisions of the domestic law of the Party concerned on questions of jurisdiction.

5. Nothing contained in this article shall affect the principle that the offences to which it refers shall be defined, prosecuted and punished in conformity with the domestic law of a Party.

Article 23

Application of stricter control measures than those required by this Convention

A Party may adopt more strict or severe measures of control than those provided by this Convention if, in its opinion, such measures are desirable or necessary for the protection of the public health and welfare.

Article 24

Expenses of international organs incurred in administering the provisions of the Convention

The expenses of the Commission and the Board in carrying out their respective functions under this Convention shall be borne by the United Nations in such manner as shall be decided by the General Assembly. The Parties which are not Members of the United Nations shall contribute to these expenses such amounts as the General Assembly finds equitable and assesses from time to time after consultation with the Governments of these Parties.

Article 25

Procedure for admission, signature, ratification and accession

1. Members of the United Nations, States not Members of the United Nations which are members of a specialized agency of the United Nations or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and any other State invited by the Council, may become Parties to this Convention:

(a) By signing it; or

(b) By ratifying it after signing it subject to ratification; or

(c) By acceding to it.

2. The Convention shall be open for signature until 1 January 1972 inclusive. Thereafter it shall be open for accession.


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3. Instruments of ratification or accession shall be deposited with the Secretary-General.

Article 26

Entry into force

1. The Convention shall come into force on the ninetieth day after forty of the States referred to in paragraph 1 of article 25 have signed it without reservation of ratification or have deposited their instruments of ratification or accession.

2. For any other State signing without reservation of ratification, or depositing an instrument of ratification or accession after the last signature or deposit referred to in the preceding paragraph, the Convention shall enter into force on the ninetieth day following the date of its signature or deposit of its instrument of ratification or accession.

Article 27

Territorial application

The Convention shall apply to all non-metropolitan territories for the international relations of which any Party is responsible except where the previous consent of such a territory is required by the Constitution of the Party or of the territory concerned, or required by custom. In such a case the Party shall endeavour to secure the needed consent of the territory within the shortest period possible, and when the consent is obtained the Party shall notify the Secretary-General. The Convention shall apply to the territory or territories named in such a notification from the date of its receipt by the Secretary-General. In those cases where the previous consent of the non-metropolitan territory is not required, the Party concerned shall, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which this Convention applies.

Article 28

Regions for the purposes of this Convention

1. Any Party may notify the Secretary-General that, for the purposes of this Convention, its territory is divided into two or more regions, or that two or more of its regions are consolidated into a single region.

2. Two or more Parties may notify the Secretary-General that, as the result of the establishment of a customs union between them, those Parties constitute a region for the purposes of this Convention.

3. Any notification under paragraph 1 or 2 shall take effect on 1 January of the year following the year in which the notification was made.

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Article 29

Denunciation

1. After the expiry of two years from the date of the coming into force of this Convention any Party may, on its own behalf or on behalf of a territory for which it has international responsibility, and which has withdrawn its consent given in accordance with article 27, denounce this Convention by an instrument in writing deposited with the Secretary-General.

2. The denunciation, if received by the Secretary-General on or before the first day of July of any year, shall take effect on the first day of January of the succeeding year, and if received after the first day of July it shall take effect as if it had been received on or before the first day of July in the succeeding year.

3. The Convention shall be terminated if, as a result of denunciations made in accordance with paragraphs 1 and 2, the conditions for its coming into force as laid down in paragraph 1 of article 26 cease to exist.

Article 30

Amendments

1. Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons therefore shall be communicated to the Secretary-General, who shall communicate them to the Parties and to the Council. The Council may decide either:

(a) That a conference shall be called in accordance with paragraph 4 of Article 62 of the Charter of the United Nations to consider the proposed amendment; or

(b) That the Parties shall be asked whether they accept the proposed amendment and also asked to submit to the Council any comments on the proposal.

2. If a proposed amendment circulated under paragraph 1 b) has not been rejected by any Party within eighteen months after it has been circulated, it shall thereupon enter into force. If however a proposed amendment is rejected by any Party, the Council may decide, in the light of comments received from Parties, whether a conference shall be called to consider such amendment.

Article 31

Disputes

1. If there should arise between two or more Parties a dispute relating to the interpretation or application of this Convention, the said Parties shall consult together with a view to the settlement of the dispute by negotiation, investigation, mediation, conciliation,


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arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.

2. Any such dispute which cannot be settled in the manner prescribed shall be referred, at the request of any one of the parties to the dispute, to the International Court of Justice for decision.

Article 32

Reservations

1. No reservation other than those made in accordance with paragraphs 2, 3 and 4 of the present article shall be permitted.

2. Any State may at the time of signature, ratification or accession make reservations in respect of the following provisions of the present Convention:

(a) Article 19, paragraphs 1 and 2;

(b) Article 27; and

(c) Article 31.

3. A State which desires to become a Party but wishes to be authorized to make reservations other than those made in accordance with paragraphs 2 and 4 may inform the Secretary-General of such intention. Unless by the end of twelve months after the date of the Secretary-General’s communication of the reservation concerned, this reservation has been objected to by one third of the States that have signed without reservation of ratification, ratified or acceded to this Convention before the end of that period, it shall be deemed to be permitted, it being understood however that States which have objected to the reservation need not assume towards the reserving State any legal obligation under this Convention which is affected by the reservation.

4. A State on whose territory there are plants growing wild which contain psychotropic substances from among those in Schedule I and which are traditionally used by certain small, clearly determined groups in magical or religious rites, may, at the time of signature, ratification or accession, make reservations concerning these plants, in respect of the provisions of article 7, except for the provisions relating to international trade.

5. A State which has made reservations may at any time by notification in writing to the Secretary- General withdraw all or part of its reservations.

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Article 33

Notifications

The Secretary-General shall notify to all the States referred to in paragraph l of article 25:

(a) Signatures, ratifications and accessions in accordance with article 25;

(b) The date upon which this Convention enters into force in accordance with article 26;

(c) Denunciations in accordance with article 29; and

(d) Declarations and notifications under articles 27, 28, 30 and 32.

In witness whereof, the undersigned, duly authorized, have signed this Convention on behalf of their respective Governments.

Done at Vienna, this twenty-first day of February one thousand nine hundred and seventy-one, in a single copy in the Chinese, English, French, Russian and Spanish languages, each being equally authentic.

The Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies thereof to all the Members of the United Nations and to the other States referred to in paragraph 1 of article 25.


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3. United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988

Signed at Vienna on 19 December 1988 In force on 11 November 1990, in accordance with Article 29 (1) Depositary: Secretary-General of the United Nations

The Parties to this Convention,

Deeply concerned by the magnitude of and rising trend in the illicit production of, demand for and traffic in narcotic drugs and psychotropic substances, which pose a serious threat to the health and welfare of human beings and adversely affect the economic, cultural and political foundations of society,

Deeply concerned also by the steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and psychotropic substances, and particularly by the fact that children are used in many parts of the world as an illicit drug consumers market and for purposes of illicit production, distribution and trade in narcotic drugs and psychotropic substances, which entails a danger of incalculable gravity,

Recognizing the links between illicit traffic and other related organized criminal activities which undermine the legitimate economies and threaten the stability, security and sovereignty of States,

Recognizing also that illicit traffic is an international criminal activity, the suppression of which demands urgent attention and the highest priority,

Aware that illicit traffic generates large financial profits and wealth enabling transnational criminal organizations to penetrate, contaminate and corrupt the structures of government, legitimate Commercial and financial business, and society at all its levels,

Determined to deprive persons engaged in illicit traffic of the proceeds of their criminal activities and thereby eliminate their main incentive for so doing,

Desiring to eliminate the root causes of the problem of abuse of narcotic drugs and psychotropic substances, including the illicit demand for such drugs and substances and the enormous profits derived from illicit traffic,

Considering that measures are necessary to monitor certain substances, including precursors, chemicals and solvents, which are used in the manufacture of narcotic drugs and psychotropic substances, the ready availability of which has led to an increase in the clandestine manufacture of such drugs and substances,

Determined to improve international co-operation in the suppression of illicit traffic by sea,

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Recognizing that eradication of illicit traffic is a collective responsibility of all States and that, to that end, co-ordinated action within the framework of international co-operation is necessary,

Acknowledging the competence of the United Nations in the field of control of narcotic drugs and psychotropic substances and desirous that the international organs concerned with such control should be within the framework of that Organization,

Reaffirming the guiding principles of existing treaties in the field of narcotic drugs and psychotropic substances and the system of control which they embody,

Recognizing the need to reinforce and supplement the measures provided in the Single Convention on Narcotic Drugs, 1961, that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961, and the 1971 Convention on Psychotropic Substances, in order to counter the magnitude and extent of illicit traffic and its grave consequences,

Recognizing also the importance of strengthening and enhancing effective legal means for international co-operation in criminal matters for suppressing the international criminal activities of illicit traffic,

Desiring to conclude a comprehensive, effective and operative international convention that is directed specifically against illicit traffic and that considers the various aspects of the problem as a whole, in particular those aspects not envisaged in the existing treaties in the field of narcotic drugs and psychotropic substances,

Hereby agree as follows:

Article 1

Definitions

Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout this Convention:

(a) “Board” means the International Narcotics Control Board established by the Single Convention on Narcotic Drugs, 1961, and that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;

(b) “Cannabis plant” means any plant of the genus Cannabis;

(c) “Coca bush” means the plant of any species of the genus Erythroxylon;

(d) “Commercial carrier” means any person or any public, private or other entity engaged in transporting persons, goods or mails for remuneration, hire or any other benefit;


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(e) “Commission” means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;

(f) “Confiscation”, which includes forfeiture where applicable, means the permanent deprivation of property by order of a court or other competent authority;

(g) “Controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, substances in Table I and Table II annexed to this Convention, or substances substituted for them, to pass out of, through or into the territory of one or more countries, with the knowledge and under the supervision of their competent authorities, with a view to identifying persons involved in the commission of offences established in accordance with article 3, paragraph 1 of the Convention;

(h) “1961 Convention” means the Single Convention on Narcotic Drugs, 1961;

(i) “1961 Convention as amended” means the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;

(j) “1971 Convention” means the Convention on Psychotropic Substances, 1971;

(k) “Council” means the Economic and Social Council of the United Nations;

(l) “Freezing” or “seizure” means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or a competent authority;

(m) “Illicit traffic” means the offences set forth in article 3, paragraphs 1 and 2, of this Convention;

(n) “Narcotic drug” means any of the substances, natural or synthetic, in Schedules I and II of the Single Convention on Narcotic Drugs, 1961, and that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;

(o) “Opium poppy” means the plant of the species Papaver somniferum L;

(p) “Proceeds” means any property derived from or obtained, directly or indirectly, through the commission of an offence established in accordance with article 3, paragraph 1;

(q) “Property” means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets;

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(r) “Psychotropic substance” means any substance, natural or synthetic, or any natural material in Schedules I, II, III and IV of the Convention on Psychotropic Substances, 1971;

(s) “Secretary-General” means the Secretary-General of the United Nations;

(t) “Table I” and “Table II” mean the correspondingly numbered lists of substances annexed to this Convention, as amended from time to time in accordance with article 12,

(u) “Transit State” means a State through the territory of which illicit narcotic drugs, psychotropic substances and substances in Table I and Table II are being moved, which is neither the place of origin nor the place of ultimate destination thereof.

Article 2

Scope of the convention

1. he purpose of this Convention is to promote co-operation among the Parties so that they may address more effectively the various aspects of illicit traffic in narcotic drugs and psychotropic substances having an international dimension. In carrying out their obligations under the Convention, the Parties shall take necessary measures, including legislative and administrative measures, in conformity with the fundamental provisions of their respective domestic legislative systems.

2. The Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.

3. A Party shall not undertake in the territory of another Party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other Party by its domestic law.

Article 3

Offences and sanctions

1. Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally:

(a) (i) The production, manufacture, extraction; preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention;


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(ii) The cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to the provisions of the 1961 Convention and the 1961 Convention as amended;

(iii) The possession or purchase of any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated in i) above;

(iv) The manufacture, transport or distribution of equipment, materials or of substances listed in Table I and Table II, knowing that they are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances;

(v) The organization, management or financing of any of the offences enumerated in i), ii), iii) or iv) above;

(b) (i) The conversion or transfer of property, knowing that such property is derived from any offence or offences established in accordance with subparagraph a) of this paragraph, or from an act of participation in such offence or offences, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an offence or offences to evade the legal consequences of his actions;

(ii) The concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from an offence or offences established in accordance with subparagraph a) of this paragraph or from an act of participation in such an offence or offences;

(c) Subject to its constitutional principles and the basic concepts of its legal system:

(i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property was derived from an offence or offences established in accordance with subparagraph a) of this paragraph or from an act of participation in such offence or offences;

(ii) The possession of equipment or materials or substances listed in Table I and Table II, knowing that they are being or are to be used in or for the illicit cultivation, production or

(iii) Publicly inciting or inducing others, by any means, to commit any of the offences established in accordance with this article or to use narcotic drugs or psychotropic substances illicitly;

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(iv) Participation in, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.

2. Subject to its constitutional principles and the basic concepts of its legal system, each Party shall adopt such measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally, the possession, purchase or cultivation of narcotic drugs or psychotropic substances for personal consumption contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.

3. Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective factual circumstances.

4. (a) Each Party shall make the commission of the offences established in accordance with paragraph 1 of this article liable to sanctions which take into account the grave nature of these offences, such as imprisonment or other forms of deprivation of liberty, pecuniary sanctions and confiscation.

(b) The Parties may provide, in addition to conviction or punishment, for an offence established in accordance with paragraph 1 of this article, that the offender shall undergo measures such as treatment, education, aftercare, rehabilitation or social reintegration.

(c) Notwithstanding the preceding subparagraphs, in appropriate cases of a minor nature, the Parties may provide, as alternatives to conviction or punishment, measures such as education, rehabilitation or social reintegration, as well as, when the offender is a drug abuser, treatment and aftercare.

(d) The Parties may provide, either as an alternative to conviction or punishment, or in addition to conviction or punishment of an offence established in accordance with paragraph 2 of this article, measures for the treatment, education, aftercare, rehabilitation or social reintegration of the offender.

5. The Parties shall ensure that their courts and other competent authorities having jurisdiction can take into account factual circumstances which make the commission of the offences established in accordance with paragraph l of this article particularly serious, such as:

(a) The involvement in the offence of an organized criminal group to which the offender belongs;

(b) The involvement of the offender in other international organized criminal activities;

(c) The involvement of the offender in other illegal activities facilitated by commission of the offence;


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(d) The use of violence or arms by the offender;

(e) The fact that the offender holds a public office and that the offence is connected with the office in question;

(f) The victimization or use of minors;

(g) The fact that the offence is committed in a penal institution or in an educational institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities;

(h) Prior conviction, particularly for similar offences, whether foreign or domestic, to the extent permitted under the domestic law of a Party.

6. The Parties shall endeavour to ensure that any discretionary legal powers under their domestic law relating to the prosecution of persons for offences established in accordance with this article are exercised to maximize the effectiveness of law enforcement measures in respect of those offences, and with due regard to the need to deter the commission of such offences.

7. The Parties shall, ensure that their courts or other competent authorities bear in mind the serious nature of the offences enumerated in paragraph l of this article and the circumstances enumerated in paragraph 5 of this article when considering the eventuality of early release or parole of persons convicted of such offences.

8. Each Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence established in accordance with paragraph 1 of this article, and a longer period where the alleged offender has evaded the administration of justice.

9. Each Party shall take appropriate measures, consistent with its legal system, to ensure that a person charged with or convicted of an offence established in accordance with paragraph 1 of this article, who is found within its territory, is present at the necessary criminal proceedings.

10. For the purpose of co-operation among the Parties under this Convention, including, in particular, co-operation under articles 5, 6, 7 and 9, offences established in accordance with this article shall not be considered as fiscal offences or as political offences or regarded as politically motivated, without prejudice to the constitutional limitations and the fundamental domestic law of the Parties.

11. Nothing contained in this article shall affect the principle that the description of the offences to which it refers and of legal defences thereto is reserved to the domestic law of a Party and that such offences shall be prosecuted and punished in conformity with that law.

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Article 4

Jurisdiction

1. Each Party:

(a) Shall take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when:

(i) The offence is committed in its territory;

(ii) The offence is committed on board a vessel flying its flag or an aircraft which is registered under its laws at the time the offence is committed;

(b) May take such measures as maybe necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when:

(i) The offence is committed by one of its nationals or by a person who has his habitual residence in its territory;

(ii) The offence is committed on board a vessel concerning which that Party has been authorized to take appropriate action pursuant to article 17, provided that such jurisdiction shall be exercised only on the basis of agreements or arrangements referred to in paragraphs 4 and 9 of that article;

(iii) The offence is one of those established in accordance with article 3, paragraph 1, subparagraph c)

(iv) and is committed outside its territory with a view to the commission, within its territory, of an offence established in accordance with article 3, paragraph 1.

2. Each Party:

(a) Shall also take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when the alleged offender is present in its territory and it does not extradite him to another Party on the ground:

(i) That the offence has been committed in its territory or on board a vessel flying its flag or an aircraft which was registered under its law at the time the offence was committed; or

(ii) That the offence has been committed by one of its nationals;


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(b) May also take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when the alleged offender is present in its territory and it does not extradite him to another Party.

3. This Convention does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its domestic law.

Article 5

Confiscation

1. Each Party shall adopt such measures as may be necessary to enable confiscation of:

(a) Proceeds derived from offences established in accordance with article 3, paragraph 1, or property the value of which corresponds to that of such proceeds;

(b) Narcotic drugs and psychotropic substances, materials and equipment or other instrumentalities used in or intended for use in any manner in offences established in accordance with article 3, paragraph 1.

2. Each Party shall also adopt such measures as may be necessary to enable its competent authorities to identify, trace, and freeze or seize proceeds, property, instrumentalities or any other things referred to in paragraph 1 of this article, for the purpose of eventual confiscation.

3. In order to carry out the measures referred to in this article, each Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized. A Party shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.

4. (a) Following a request made pursuant to this article by another Party having jurisdiction over an offence established in accordance with article 3, paragraph 1, the Party in whose territory proceeds, property, instrumentalities or any other things referred to in paragraph 1 of this article are situated shall:

(i) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such order is granted, give effect to it; or

(ii) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by the requesting Party in accordance with paragraph 1 of this article, in so far as it relates to proceeds, property, instrumentalities or any other things referred to in paragraph 1 situated in the territory of the requested Party.

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(b) Following a request made pursuant to this article by another Party having jurisdiction over an offence established in accordance with article 3, paragraph 1, the requested Party shall take measures to identify, trace, and freeze or seize proceeds, property, instrumentalities or any other things referred to in paragraph l of this article for the purpose of eventual confiscation to be ordered either by the requesting Party or, pursuant to a request under subparagraph a) of this paragraph, by the requested Party.

(c) The decisions or actions provided for in subparagraphs a) and b) of this paragraph shall be taken by the requested Party, in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in relation to the requesting Party.

(d) The provisions of article 7, paragraphs 6 to 19 are applicable mutatis mutandis. In addition to the information specified in article 7, paragraph 10, requests made pursuant to this article shall contain the following:

(i) In the case of a request pertaining to subparagraph a) i) of this paragraph, a description of the property to be confiscated and a statement of the facts relied upon by the requesting Party sufficient to enable the requested Party to seek the order under its domestic law;

(ii) In the case of a request pertaining to subparagraph a) ii), a legally admissible copy of an order of confiscation issued by the requesting Party upon which the request is based, a statement of the facts and information as to the extent to which the execution of the order is requested;

(iii) In the case of a request pertaining to subparagraph b), a statement of the facts relied upon by the requesting Party and a description of the actions requested.

(e) Each Party shall furnish to the Secretary-General the text of any of its laws and regulations which give effect to this paragraph and the text of any subsequent changes to such laws and regulations.

(f) If a Party elects to make the taking of the measures referred to in subparagraphs a) and b) of this paragraph conditional on the existence of a relevant treaty, that Party shall consider this Convention as the necessary and sufficient treaty basis.

(g) The Parties shall seek to conclude bilateral and multilateral treaties, agreements or arrangements to enhance the effectiveness of international co-operation pursuant to this article.

5. (a) Proceeds or property confiscated by a Party pursuant to paragraph 1 or paragraph 4 of this article shall be disposed of by that Party according to its domestic law and administrative procedures.


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(b) When acting on the request of another Party in accordance with this article, a Party may give special consideration to concluding agreements on:

(i) Contributing the value of such proceeds and property, or funds derived from the sale of such proceeds or property, or a substantial part thereof, to intergovernmental bodies specializing in the fight against illicit traffic in and abuse of narcotic drugs and psychotropic substances;

(ii) Sharing with other Parties, on a regular or case-by-case basis, such proceeds or property, or funds derived from the sale of such proceeds or property, in accordance with its domestic law, administrative procedures or bilateral or multilateral agreements entered into for this purpose.

6. (a) If proceeds have been transformed or converted into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.

(b) If proceeds have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to seizure or freezing, be liable to confiscation up to the assessed value of the intermingled proceeds.

(c) Income or other benefits derived from:

(i) Proceeds;

(ii) Property into which proceeds have been transformed or converted; or

(iii) Property with which proceeds have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds.

7. Each Party may consider ensuring that the onus of proof be reversed regarding the lawful origin of alleged proceeds or other property liable to confiscation, to the extent that such action is consistent with the principles of its domestic law and with the nature of the judicial and other proceedings.

8. The provisions of this article shall not be construed as prejudicing the rights of bona fide third parties.

9. Nothing contained in this article shall affect the principle that the measures to which it refers shall be defined and implemented in accordance with and subject to the provisions of the domestic law of a Party.

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Article 6

Extradition

1. This article shall apply to the offences established by the Parties in accordance with article 3, paragraph 1.

2. Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between Parties. The Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

3. If a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of any offence to which this article applies. The Parties which require detailed legislation in order to use this Convention as a legal basis for extradition shall consider enacting such legislation as may be necessary.

4. The Parties which do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves.

5. Extradition shall be subject to the conditions provided for by the law of the requested Party or by applicable extradition treaties, including the grounds upon which the requested Party may refuse extradition.

6. In considering requests received pursuant to this article, the requested State may refuse to comply with such requests where there are substantial grounds leading its judicial or other competent authorities to believe that compliance would facilitate the prosecution or punishment of any person on account of his race, religion, nationality or political opinions, or would cause prejudice for any of those reasons to any person affected by the request.

7. The Parties shall endeavour to expedite extradition procedures and to simplify evidentiary requirements relating thereto in respect of any offence to which this article applies.

8. Subject to the provisions of its domestic law and its extradition treaties, the requested Party may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the requesting Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his presence at extradition proceedings.

9. Without prejudice to the exercise of any criminal jurisdiction established in accordance with its domestic law, a Party in whose territory an alleged offender is found shall:


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(a) If it does not extradite him in respect of an offence established in accordance with article 3, paragraph l, on the grounds set forth in article 4, paragraph 2, subparagraph a), submit the case to its competent authorities for the purpose of prosecution, unless otherwise agreed with the requesting Party;

(b) If it does not extradite him in respect of such an offence and has established its jurisdiction in relation to that offence in accordance with article 4, paragraph 2, subparagraph b), submit the case to its competent authorities for the purpose of prosecution, unless otherwise requested by the requesting Party for the purposes of preserving its legitimate jurisdiction.

10. If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested Party, the requested Party shall, if its law so permits and in conformity with the requirements of such law, upon application of the requesting Party, consider, the enforcement of the sentence which has been imposed under the law of the requesting Party, or the remainder thereof.

11. The Parties shall seek to conclude bilateral and multilateral agreements to carry out or to enhance the effectiveness of extradition.

12. The Parties may consider entering into bilateral or multilateral agreements, whether ad hoc or general, on the transfer to their country of persons sentenced to imprisonment and other forms of deprivation of liberty for offences to which this article applies, in order that they may complete their sentences there.

Article 7

Mutual legal assistance

1. The Parties shall afford one another, pursuant to this article, the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to criminal offences established in accordance with article 3, paragraph 1.

2. Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes:

(a) Taking evidence or statements from persons;

(b) Effecting service of judicial documents;

(c) Executing searches and seizures;

(d) Examining objects and sites;

(e) Providing information and evidentiary items;

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(f) Providing originals or certified copies of relevant documents and records, including bank, financial, corporate or business records;

(g) Identifying or tracing proceeds, property, instrumentalities or other things for evidentiary purposes.

3. The Parties may afford one another any other forms of mutual legal assistance allowed by the domestic law of the requested Party.

4. Upon request, the Parties shall facilitate or encourage, to the extent consistent with their domestic law and practice, the presence or availability of persons, including persons in custody, who consent to assist in investigations or participate in proceedings.

5. A Party shall not decline to render mutual legal assistance under this article on the ground of bank secrecy.

6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual legal assistance in criminal matters.

7. Paragraphs 8 to 19 of this article shall apply to requests made pursuant to this article if the Parties in question are not bound by a treaty of mutual legal assistance. If these Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the Parties agree to apply paragraphs 8 to 19 of this article in lieu thereof.

8. Parties shall designate an authority, or when necessary authorities, which shall have the responsibility and power to execute requests for mutual legal assistance or to transmit them to the competent authorities for execution. The authority or the authorities designated for this purpose shall be notified to the Secretary-General. Transmission of requests for mutual legal assistance and any communication related thereto shall be effected between the authorities designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that such requests and communications be addressed to it through the diplomatic channel and, in urgent circumstances, where the Parties agree, through channels of the International Criminal Police Organization, if possible.

9. Requests shall be made in writing in a language acceptable to the requested Party. The language or languages acceptable to each Party shall be notified to the Secretary-General. In urgent circumstances, and where agreed by the Parties, requests may be made orally, but shall be confirmed in writing forthwith.

10. A request for mutual legal assistance shall contain:

(a) The identity of the authority making the request;


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(b) The subject matter and nature of the investigation, prosecution or proceeding to which the request relates, and the name and the functions of the authority conducting such investigation, prosecution or proceeding;

(c) A summary of the relevant facts, except in respect of requests for the purpose of service of judicial documents;

(d) A description of the assistance sought and details of any particular procedure the requesting Party wishes to be followed;

(e) Where possible, the identity, location and nationality of any person concerned;

(f) The purpose for which the evidence, information or action is sought.

11. The requested Party may request additional information when it appears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.

12. A request shall be executed in accordance with the domestic law of the requested Party and, to the extent not contrary to the domestic law of the requested Party and where possible, in accordance with the procedures specified in the request.

13. The requesting Party shall not transmit nor use information or evidence furnished by the requested Party for investigations, prosecutions or proceedings other than those stated in the request without the prior consent of the requested Party.

14. The requesting Party may require that the requested Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting Party.

15. Mutual legal assistance may be refused:

(a) If the request is not made in conformity with the provisions of this article;

(b) If the requested Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests;

(c) If the authorities of the requested Party would be prohibited by its domestic law from carrying out the action requested with regard to any similar offence, had it been subject to investigation, prosecution or proceedings under their own jurisdiction;

(d) If it would be contrary to the legal system of the requested Party relating to mutual legal assistance for the request to be granted.

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16. Reasons shall be given for any refusal of mutual legal assistance.

17. Mutual legal assistance may be postponed by the requested Party on the ground that it interferes with an ongoing investigation, prosecution or proceeding. In such a case, the requested Party shall consult with the requesting Party to determine if the assistance can still be given subject to such terms and conditions as the requested Party deems necessary.

18. A witness, expert or other person who consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting Party, shall not be prosecuted, detained, punished or subjected to any other restriction of his personal liberty in that territory in respect of acts, omissions or convictions prior to his departure from the territory of the requested Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days, or for any period agreed upon by the Parties, from the date on which he has been officially informed that his presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory or, having left it, has returned of his own free will.

19. The ordinary costs of executing a request shall be borne by the requested Party, unless otherwise agreed by the Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the Parties shall consult to determine the terms and conditions under which the request will be executed as well as the manner in which the costs shall be borne.

20. The Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to, or enhance the provisions of this article.

Article 8

Transfer of proceedings

The Parties shall give consideration to the possibility of transferring to one another proceedings for criminal prosecution of offences established in accordance with article 3, paragraph 1, in cases where such transfer is considered to be in the interests of a proper administration of justice.

Article 9

Other forms of co-operation and training

1. The Parties shall co-operate closely with one another, consistent with their respective domestic legal and administrative systems, with a view to enhancing the effectiveness of law enforcement action to suppress the commission of offences established in accordance with


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article 3, paragraph 1. They shall, in particular, on the basis of bilateral or multilateral agreements or arrangements:

(a) Establish and maintain channels of communication between their competent agencies and services to facilitate the secure and rapid exchange of information concerning all aspects of offences established in accordance with article 3, paragraph 1, including, if the Parties concerned deem it appropriate, links with other criminal activities;

(b) Co-operate with one another in conducting enquiries, with respect to offences established in accordance with article 3, paragraph 1, having an international character, concerning:

(i) The identity, whereabouts and activities of persons suspected of being involved in offences established in accordance with article 3, paragraph 1;

(ii) The movement of proceeds or property derived from the commission of such offences;

(iii) The movement of narcotic drugs, psychotropic substances, substances in Table I and Table II of this Convention and instrumentalities used or intended for use in the commission of such offences;

(c) In appropriate cases and if not contrary to domestic law, establish joint teams, taking into account the need to protect the security of persons and of operations, to carry out the provisions of this paragraph. Officials of any Party taking part in such teams shall act as authorized by the appropriate authorities of the Party in whose territory the operation is to take place; in all such cases, the Parties involved shall ensure that the sovereignty of the Party on whose territory the operation is to take place is fully respected;

(d) Provide, when appropriate, necessary quantities of substances for analytical or investigative purposes;

(e) Facilitate effective co-ordination between their competent agencies and services and promote the exchange of personnel and other experts, including the posting of liaison officers.

2. Each Party shall, to the extent necessary, initiate, develop or improve specific training programmes for its law enforcement and other personnel, including customs, charged with the suppression of offences established in accordance with article 3, paragraph 1. Such programmes shall deal, in particular, with the following:

(a) Methods used in the detection and suppression of offences established in accordance with article 3, paragraph 1;

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(b) Routes and techniques used by persons suspected of being involved in offences established in accordance with article 3, paragraph 1, particularly in transit States, and appropriate countermeasures;

(c) Monitoring of the import and export of narcotic drugs, psychotropic substances and substances in Table I and Table II;

(d) Detection and monitoring of the movement of proceeds and property derived from, and narcotic drugs, psychotropic substances and substances in Table I and Table II, and instrumentalities used or intended for use in, the commission of offences established in accordance with article 3, paragraph 1;

(e) Methods used for the transfer, concealment or disguise of such proceeds, property and instrumentalities;

(f) Collection of evidence;

(g) Control techniques in free trade zones and free ports;

(h) Modem law enforcement techniques.

3. The Parties shall assist one another to plan, and implement research and training programmes designed to share expertise in the areas referred to in paragraph 2 of this article and, to this end, shall also, when appropriate, use regional and international conferences and seminars to promote co-operation and stimulate discussion on problems of mutual concern, including the special problems and needs of transit States.

Article 10

International co-operation and assistance for transit states

1. The Parties shall co-operate, directly or through competent international or regional organizations, to assist and support transit States and, in particular, developing countries in need of such assistance and support, to the extent possible, through programmes of technical co-operation on interdiction and other related activities.

2. The Parties may undertake, directly or through competent international or regional organizations, to provide financial assistance to such transit States for the purpose of augmenting and strengthening the infrastructure needed for effective control and prevention of illicit traffic.

3. The Parties may conclude bilateral or multilateral agreements or arrangements to enhance the effectiveness of international co-operation pursuant to this article and may take into consideration financial arrangements in this regard.


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Article 11

Controlled delivery

1. If permitted by the basic principles of their respective domestic legal systems, the Parties shall take the necessary measures, within their possibilities, to allow for the appropriate use of controlled delivery at the international level, on the basis of agreements or arrangements mutually consented to, with a view to identifying persons involved in offences established in accordance with article 3, paragraph 1, and to taking legal action against them.

2. Decisions to use controlled delivery shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the Parties concerned.

3. Illicit consignments whose controlled delivery is agreed to may, with the consent of the Parties concerned, be intercepted and allowed to continue with the narcotic drugs or psychotropic substances intact or removed or replaced in whole or in part.

Article 12

Substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

1. The Parties shall take the measures they deem appropriate to prevent diversion of substances in Table I and Table II used for the purpose of illicit manufacture of narcotic drugs or psychotropic substances, and shall co-operate with one another to this end.

2. If a Party or the Board has information which in its opinion may require the inclusion of a substance in Table I or Table II, it shall notify the Secretary-General and furnish him with the information in support of that notification. The procedure described in paragraphs 2 to 7 of this article shall also apply when a Party or the Board has information justifying the deletion of a substance from Table I or Table II, or the transfer of a substance from one Table to the other.

3. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission, and, where notification is made by a Party, to the Board. The Parties shall communicate their comments concerning the notification to the Secretary-General, together with all supplementary information which may assist the Board in establishing an assessment and the Commission in reaching a decision.

4. If the Board, taking into account the extent, importance and diversity of the licit use of the substance, and the possibility and ease of using alternate substances both for licit purposes and for the illicit manufacture of narcotic drugs or psychotropic substances, finds:

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(a) That the substance is frequently used in the illicit manufacture of a narcotic drug or psychotropic substance;

(b) That the volume and extent of the illicit manufacture of a narcotic drug or psychotropic substance creates serious public health or social problems, so as to warrant international action, it shall communicate to the Commission an assessment of the substance, including the likely effect of adding the substance to either Table I or Table II on both licit use and illicit manufacture, together with recommendations of monitoring measures, if any, that would be appropriate in the light of its assessment.

5. The Commission, taking into account the comments submitted by the Parties and the comments and recommendations of the Board, whose assessment shall be determinative as to scientific matters, and also taking into due consideration any other relevant factors, may decide by a two-thirds majority of its members to place a substance in Table I or Table II.

6. Any decision of the Commission taken pursuant to this article shall be communicated by the Secretary-General to all States and other entities which are, or which are entitled to become, Parties to this Convention, and to the Board. Such decision shall become fully effective with respect to each Party one hundred and eighty days after the date of such communication.

7. (a) The decisions of the Commission taken under this article shall be subject to review by the Council upon the request of any Party filed within one hundred and eighty days after the date of notification of the decision. The request for review shall be sent to the Secretary- General, together with all relevant information upon which the request for review is based.

(b) The Secretary-General shall transmit copies of the request for review and the relevant information to the Commission, to the Board and to all the Parties, inviting them to submit their comments within ninety days. All comments received shall be submitted to the Council for consideration.

(c) The Council may confirm or reverse the decision of the Commission. Notification of the Council’s decision shall be transmitted to all States and other entities which are, or which are entitled to become, Parties to this Convention, to the Commission and to the Board.

8. (a) Without prejudice to the generality of the provisions contained in paragraph 1 of this article and the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the Parties shall take the measures they deem appropriate to monitor the manufacture and distribution of substances in Table I and Table Il which are carried out within their territory.


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(b) To this end, the Parties may:

(i) Control all persons and enterprises engaged in the manufacture and distribution of such substances;

(ii) Control under licence the establishment and premises in which such manufacture or distribution may take place;

(iii) Require that licensees obtain a permit for conducting the aforesaid operations;

(iv) Prevent the accumulation of such substances in the possession of manufacturers and distributors, in excess of the quantities required for the normal conduct of business and the prevailing market conditions.

9. Each Party shall, with respect to substances in Table I and Table II, take the following measures:

(a) Establish and maintain a system to monitor international trade in substances in Table I and Table II in order to facilitate the identification of suspicious transactions. Such monitoring systems shall be applied in close co-operation with manufacturers, importers, exporters, wholesalers and retailers, who shall inform the competent authorities of suspicious orders and transactions.

(b) Provide for the seizure of any substance in Table I or Table II if there is sufficient evidence that it is for use in the illicit manufacture of a narcotic drug or psychotropic substance.

(c) Notify, as soon as possible, the competent authorities and services of the Parties concerned if there is reason to believe that the import, export or transit of a substance in Table I or Table II is destined for the illicit manufacture of narcotic drugs or psychotropic substances, including in particular information about the means of payment and any other essential elements which led to that belief.

(d) Require that imports and exports be properly labelled and documented. Commercial documents such as invoices, cargo manifests, customs, transport and other shipping documents shall include the names, as stated in Table I or Table II, of the substances being imported or exported, the quantity being imported or exported, and the name and address of the exporter, the importer and, when available, the consignee.

(e) Ensure that documents referred to in subparagraph d) of this paragraph are maintained for a period of not less than two years and may be made available for inspection by the competent authorities.

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10. (a) In addition to the provisions of paragraph 9, and upon request to the Secretary-General by the interested Party, each Party from whose territory a substance in Table I is to be exported shall ensure that, prior to such export, the following information is supplied by its competent authorities to the competent authorities of the importing country:

(i) Name and address of the exporter and importer and, when available, the consignee;

(ii) Name of the substance in Table I;

(iii) Quantity of the substance to be exported;

(iv) Expected point of entry and expected date of dispatch;

(v) Any other information which is mutually agreed upon by the Parties.

(b) A Party may adopt more strict or severe measures of control than those provided by this paragraph if, in its opinion, such measures are desirable or necessary.

11. Where a Party furnishes information to another Party in accordance with paragraphs 9 and 10 of this article, the Party furnishing such information may require that the Party receiving it keep confidential any trade, business, commercial or professional secret or trade process.

12. Each Party shall furnish annually to the Board, in the form and manner provided for by it and on forms made available by it, information on:

(a) The amounts seized of substances in Table I and Table II and, when known, their origin;

(b) Any substance not included in Table I or Table II which is identified as having been used in illicit manufacture of narcotic drugs or psychotropic substances, and which is deemed by the Party to be sufficiently significant to be brought to the attention of the Board;

(c) Methods of diversion and illicit manufacture.

13. The Board shall report annually to the Commission on the implementation of this article and the Commission shall periodically review the adequacy and propriety of Table I and Table II.

14. The provisions of this article shall not apply to pharmaceutical preparations, nor to other preparations containing substances in Table I or Table II that are compounded in such a way that such substances cannot be easily used or recovered by readily applicable means.


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Article 13

Materials and equipment

The Parties shall take such measures as they deem appropriate to prevent trade in and the diversion of materials and equipment for illicit production or manufacture of narcotic drugs and psychotropic substances and shall co-operate to this end.

Article 14

Measures to eradicate illicit cultivation of narcotic plants and to eliminate illicit demand for narcotic drugs and psychotropic substances

1. Any measures taken pursuant to this Convention by Parties shall not be less stringent than the provisions applicable to the eradication of illicit cultivation of plants containing narcotic and psychotropic substances and to the elimination of illicit demand for narcotic drugs and psychotropic substances under the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.

2. Each Party shall take appropriate measures to prevent illicit cultivation of and to eradicate plants containing narcotic or psychotropic substances, such as opium poppy, coca bush and cannabis plants, cultivated illicitly in its territory. The measures adopted shall respect fundamental human rights and shall take due account of traditional licit uses, where there is historic evidence of such use, as well as the protection of the environment.

3. (a) The Parties may co-operate to increase the effectiveness of eradication efforts. Such cooperation may, inter alia, include support, when appropriate, for integrated rural development leading to economically viable alternatives to illicit cultivation. Factors such as access to markets, the availability of resources and prevailing socio economic conditions should be taken into account before such rural development programmes are implemented. The Parties may agree on any other appropriate measures of co-operation.

(b) The Parties shall also facilitate the exchange of scientific and technical information and the conduct of research concerning eradication.

(c) Whenever they have common frontiers, the Parties shall seek to co-operate in eradication programmes in their respective areas along those frontiers.

4. The Parties shall adopt appropriate measures aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances, with a view to reducing human suffering and eliminating financial incentives for illicit traffic. These measures may be based, inter alia, on the recommendations of the United Nations, specialized agencies of the United Nations such as the World Health Organization, and other competent international organizations, and on the Comprehensive Multidisciplinary Outline adopted by the International Conference on Drug Abuse and Illicit Trafficking, held in 1987, as it pertains to

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governmental and non-governmental agencies and private efforts in the fields of prevention, treatment and rehabilitation. The Parties may enter into bilateral or multilateral agreements or arrangements aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances.

5. The Parties may also take necessary measures for early destruction or lawful disposal of the narcotic drugs, psychotropic substances and substances in Table I and Table II which have been seized or confiscated and for the admissibility as evidence of duly certified necessary quantities of such substances.

Article 15

Commercial carriers

1. The Parties shall take appropriate measures to ensure that means of transport operated by commercial carriers are not used in the commission of offences established in accordance with article 3, paragraph 1; such measures may include special arrangements with commercial carriers.

2. Each Party shall require commercial carriers to take reasonable precautions to prevent the use of their means of transport for the commission of offences established in accordance with article 3, paragraph 1. Such precautions may include:

(a) If the principal place of business of a commercial carrier is within the territory of the Party:

(i) Training of personnel to identify suspicious consignments or persons;

(ii) Promotion of integrity of personnel;

(b) If a commercial carrier is operating within the territory of the Party:

(i) Submission of cargo manifests in advance, whenever possible;

(ii) Use of tamper-resistant, individually verifiable seals on containers;

(iii) Reporting to the appropriate authorities at the earliest opportunity all suspicious circumstances that may be related to the commission of offences established in accordance with article 3, paragraph 1.

3. Each Party shall seek to ensure that commercial carriers and the appropriate authorities at points of entry and exit and other customs control areas co-operate, with a view to preventing unauthorized access to means of transport and cargo and to implementing appropriate security measures.


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Article 16

Commercial documents and labelling of exports

1. Each Party shall require that lawful exports of narcotic drugs and psychotropic substances be properly documented. In addition to the requirements for documentation under article 31 of the 1961 Convention, article 31 of the 1961 Convention as amended and article 12 of the 1971 Convention, commercial documents such as invoices, cargo manifests, customs, transport and other shipping documents shall include the names of the narcotic drugs and psychotropic substances being exported as set out in the respective Schedules of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the quantity being exported, and the name and address of the exporter, the importer and, when available, the consignee.

2. Each Party shall require that consignments of narcotic drugs and psychotropic substances being exported be not mislabelled.

Article 17

Illicit traffic by sea

1. The Parties shall co-operate to the fullest extent possible to suppress illicit traffic by sea, in conformity with the international law of the sea.

2. A Party which has reasonable grounds to suspect that a vessel flying its flag or not displaying a flag or marks of registry is engaged in illicit traffic may request the assistance of other Parties in suppressing its use for that purpose. The Parties so requested shall render such assistance within the means available to them.

3. A Party which has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law, and flying the flag or displaying marks of registry of another Party is engaged in illicit traffic may so notify the flag State, request confirmation of registry and, if confirmed, request authorization from the flag State to take appropriate measures in regard to that vessel.

4. In accordance with paragraph 3 or in accordance with treaties in force between them or in accordance with any agreement or arrangement otherwise reached between those Parties, the flag State may authorize the requesting State to, inter aria:

(a) Board the vessel;

(b) Search the vessel;

(c) If evidence of involvement in illicit traffic is found, take appropriate action with respect to the vessel, persons and cargo on board.

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5. Where action is taken pursuant to this article, the Parties concerned shall take due account of the need not to endanger the safety of life at sea, the security of the vessel and the cargo or to prejudice the commercial and legal interests of the flag State or any other interested State.

6. The flag State may, consistent with its obligations in paragraph 1 of this article, subject its authorization to conditions to be mutually agreed between it and the requesting Party, including conditions relating to responsibility.

7. For the purposes of paragraphs 3 and 4 of this article, a Party shall respond expeditiously to a request from another Party to determine whether a vessel that is flying its flag is entitled to do so, and to requests for authorization made pursuant to paragraph 3. At the time of becoming a Party to this Convention, each Party shall designate an authority or, when necessary, authorities to receive and respond to such requests. Such designation shall be notified through the Secretary-General to all other Parties within one month of the designation.

8. A Party which has taken any action in accordance with this article shall promptly inform the flag State concerned of the results of that action.

9. The Parties shall consider entering into bilateral or regional agreements or arrangements to carry out, or to enhance the effectiveness of, the provisions of this article.

10. Action pursuant to paragraph 4 of this article shall be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

11. Any action taken in accordance with this article shall take due account of the need not to interfere with or affect the rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea.

Article 18

Free trade zones and free ports

1. The Parties shall apply measures to suppress illicit traffic in narcotic drugs, psychotropic substances and substances in Table I and Table II in free trade zones and in free ports that are no less stringent than those applied in other parts of their territories.

2. The Parties shall endeavour:

(a) To monitor the movement of goods and persons in free trade zones and free ports, and, to that end, shall empower the competent authorities to search cargoes and incoming and outgoing vessels, including pleasure craft and fishing vessels, as well as aircraft and vehicles and, when appropriate, to search crew members, passengers and their baggage;


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(b) To establish and maintain a system to detect consignments suspected of containing narcotic drugs, psychotropic substances and substances in Table I and Table II passing into or out of free trade zones and free ports;

(c) To establish and maintain surveillance systems in harbour and dock areas and at airports and border control points in free trade zones and free ports.

Article 19

The use of the mails

1. In conformity with their obligations under the Conventions of the Universal Postal Union, and in accordance with the basic principles of their domestic legal systems, the Parties shall adopt measures to suppress the use of the mails for illicit traffic and shall co-operate with one another to that end.

2. The measures referred to in paragraph 1 of this article shall include, in particular:

(a) Co-ordinated action for the prevention and repression of the use of the mails for illicit traffic;

(b) Introduction and maintenance by authorized law enforcement personnel of investigative and control techniques designed to detect illicit consignments of narcotic drugs, psychotropic substances and substances in Table I and Table II in the mails;

(c) Legislative measures to enable the use of appropriate means to secure evidence required for judicial proceedings.

Article 20

Information to be furnished by the parties

1. The Parties shall furnish, through the Secretary-General, information to the Commission on the working of this Convention in their territories and, in particular:

(a) The text of laws and regulations promulgated in order to give effect to the Convention;

(b) Particulars of cases of illicit traffic within their jurisdiction which they consider important because of new trends disclosed, the quantities involved, the sources from which the substances are obtained, or the methods employed by persons so engaged.

2. The Parties shall furnish such information in such a manner and by such dates as the Commission may request.

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Article 21

Functions of the commission

The Commission is authorized to consider all matters pertaining to the aims of this Convention and, in particular.

(a) The Commission shall, on the basis of the information submitted by the Parties in accordance with article 20, review the operation of this Convention;

(b) The Commission may make suggestions and general recommendations based on the examination of the information received from the Parties;

(c) The Commission may call the attention of the Board to any matters which may be relevant to the functions of the Board;

(d) The Commission shall, on any matter referred to it by the Board under article 22, paragraph 1 b), take such action as it deems appropriate;

(e) The Commission may, in conformity with the procedures laid down in article 12, amend Table I and Table II;

(f) The Commission may draw the attention of non-Parties to decisions and recommendations which it adopts under this Convention, with a view to their considering taking action in accordance therewith.

Article 22

Functions of the board

1. Without prejudice to the functions of the Commission under article 21, and without prejudice to the functions of the Board and the Commission under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention:

(a) If, on the basis of its examination of information available to it, to the Secretary-General or to the Commission, or of information communicated by United Nations organs, the Board has reason to believe that the aims of this Convention in matters related to its competence are not being met, the Board may invite a Party or Parties to furnish any relevant information;

(b) With respect to articles 12, 13 and 16:

(i) After taking action under subparagraph a) of this article, the Board if satisfied that it is necessary to do so, may call upon the Party concerned to


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adopt such remedial measures as shall seem under the circumstances to be necessary for the execution of the provisions of articles 12, 13 and 16;

(ii) Prior to taking action under iii) below, the Board shall treat as confidential its communications with the Party concerned under the preceding subparagraphs;

(iii) If the Board finds that the Party concerned has not taken remedial measures which it has been called upon to take under this subparagraph, it may call the attention of the Parties, the Council and the Commission to the matter. Any report published by the Board under this subparagraph shall also contain the views of the Party concerned if the latter so requests.

2. Any Party shall be invited to be represented at a meeting of the Board at which a question of direct interest to it is to be considered under this article.

3. If in any case a decision of the Board which is adopted under this article is not unanimous, the views of the minority shall be stated.


5. In carrying out its functions pursuant to subparagraph 1 a) of this article, the Board shall ensure the confidentiality of all information which may come into its possession.

6. The Board’s responsibility under this article shall not apply to the implementation of treaties or agreements entered into between Parties in accordance with the provisions of this Convention.

7. The provisions of this article shall not be applicable to disputes between Parties falling under the provisions of article 32.

Article 23


1. The Board shall prepare an annual report on its work containing an analysis of the information at its disposal and, in appropriate cases, an account of the explanations, if any, given by or required of Parties, together with any observations and recommendations which the Board desires to make. The Board may make such additional reports as it considers necessary. The reports shall be submitted to the Council through the Commission which may make such comments as it sees fit.

2. The reports of the Board shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties shall permit their unrestricted distribution.

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Article 24

Application of stricter measures than those required by this convention

A Party may adopt more strict or severe measures than those provided by this Convention if, in its opinion, such measures are desirable or necessary for the prevention or suppression of illicit traffic.

Article 25

Non-derogation from earlier treaty rights and obligations

The provisions of this Convention shall not derogate from any rights enjoyed or obligations undertaken by Parties to this Convention under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.

Article 26

Signature

This Convention shall be open for signature at the United Nations Office at Vienna, from 20 December 1988 to 28 February 1989, and thereafter at the Headquarters of the United Nations at New York, until 20 December 1989, by:

(a) All States;

(b) Namibia, represented by the United Nations Council for Namibia;

(c) Regional economic integration organizations which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention, references under the Convention to Parties, States or national services being applicable to these organizations within the limits of their competence.

Article 27

Ratification, acceptance, approval or act of formal confirmation

1. This Convention is subject to ratification, acceptance or approval by States and by Namibia, represented by the United Nations Council for Namibia, and to acts of formal confirmation by regional economic integration organizations referred to in article 26, subparagraph c). The instruments of ratification, acceptance or approval and those relating to acts of formal confirmation shall be deposited with the Secretary-General.

2. In their instruments of formal confirmation, regional economic integration organizations shall declare the extent of their competence with respect to the matters


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governed by this Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.

Article 28

Accession

1. This Convention shall remain open for accession by any State, by Namibia, represented by the United Nations Council for Namibia, and by regional economic integration organizations referred to in article 26, subparagraph (c). Accession shall be effected by the deposit of an instrument of accession with the Secretary-General.

2. In their instruments of accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.

Article 29

Entry into force

1. This Convention shall enter into force on the ninetieth day after the date of the deposit with the Secretary-General of the twentieth instrument of ratification, acceptance, approval or accession by States or by Namibia, represented by the Council for Namibia.

2. For each State or for Namibia, represented by the Council for Namibia, ratifying, accepting, approving or acceding to this Convention after the deposit of the twentieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of the deposit of its instrument of ratification, acceptance, approval or accession.

3. For each regional economic integration organization referred to in article 26, subparagraph (c) depositing an instrument relating to an act of formal confirmation or an instrument of accession, this Convention shall enter into force on the ninetieth day after such deposit, or at the date the Convention enters into force pursuant to paragraph l of this article, whichever is later.

Article 30

Denunciation

1. A Party may denounce this Convention at any time by a written notification addressed to the Secretary-General.

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2. Such denunciation shall take effect for the Party concerned one year after the date of receipt of the notification by the Secretary-General.

Article 31

Amendments

1. Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons therefore shall be communicated by that Party to the Secretary-General, who shall communicate it to the other Parties and shall ask them whether they accept the proposed amendment. If a proposed amendment so circulated has not been rejected by any Party within twenty-four months after it has been circulated, it shall be deemed to have been accepted and shall enter into force in respect of a Party ninety days after that Party has deposited with the Secretary-General an instrument expressing its consent to be bound by that amendment.

2. If a proposed amendment has been rejected by any Party, the Secretary-General shall consult with the Parties and, if a majority so requests, he shall bring the matter, together with any comments made by the Parties, before the Council which may decide to call a conference in accordance with Article 62, paragraph 4, of the Charter of the United Nations. Any amendment resulting from such a Conference shall be embodied in a Protocol of Amendment. Consent to be bound by such a Protocol shall be required to be expressed specifically to the Secretary-General.

Article 32

Settlement of disputes

1. If there should arise between two or more Parties a dispute relating to the interpretation or application of this Convention, the Parties shall consult together with a view to the settlement of the dispute by negotiation, enquiry, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.

2. Any such dispute which cannot be settled in the manner prescribed in paragraph 1 of this article shall be referred, at the request of any one of the States Parties to the dispute, to the International Court of Justice for decision.

3. If a regional economic integration organization referred to in article 26, subparagraph (c) is a Party to a dispute which cannot be settled in the manner prescribed in paragraph 1 of this article, it may, through a State Member of the United Nations, request the Council to request an advisory opinion of the International Court of Justice in accordance with Article 65 of the Statute of the Court, which opinion shall be regarded as decisive.


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4. Each State, at the time of signature or ratification, acceptance or approval of this Convention or accession thereto, or each regional economic integration organization, at the time of signature or deposit of an act of formal confirmation or accession, may declare that it does not consider itself bound by paragraphs 2 and 3 of this article. The other Parties shall not be bound by paragraphs 2 and 3 with respect to any Party having made such a declaration.

5. Any Party having made a declaration in accordance with paragraph 4 of this article may at any time withdraw the declaration by notification to the Secretary-General.

Article 33

Authentic texts

The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equally authentic.

Article 34

Depositary

The Secretary-General shall be the depositary of this Convention.

In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.

Done at Vienna, in one original, this twentieth day of December one thousand nine hundred and eighty-eight.

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4. United Nations Convention against Transnational Organized Crime, 2000

Adopted by the United Nations General Assembly on 15 November 2000 In force on 29 September 2003, in accordance with Article 38 Depositary: Secretary-General of the United Nations

Article 1

Statement of purpose

The purpose of this Convention is to promote cooperation to prevent and combat transnational organized crime more effectively.

Article 2

Use of terms


(a) “Organized criminal group” shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit;

(b) “Serious crime” shall mean conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty;

(c) “Structured group” shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure;

(d) “Property” shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets;

(e) “Proceeds of crime” shall mean any property derived from or obtained, directly or indirectly, through the commission of an offence;

(f) “Freezing” or “seizure” shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;

(g) “Confiscation”, which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority;


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(h) “Predicate offence” shall mean any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in article 6 of this Convention;

(i) “Controlled delivery” shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence;

(j) “Regional economic integration organization” shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to it; references to “States Parties” under this Convention shall apply to such organizations within the limits of their competence.

Article 3

Scope of application

1. This Convention shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of:

(a) The offences established in accordance with articles 5, 6, 8 and 23 of this Convention; and

(b) Serious crime as defined in article 2 of this Convention; where the offence is transnational in nature and involves an organized criminal group.

2. For the purpose of paragraph 1 of this article, an offence is transnational in nature if:

(a) It is committed in more than one State;

(b) It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State;

(c) It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or

(d) It is committed in one State but has substantial effects in another State.

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Article 4

Protection of sovereignty

1. States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.

2. Nothing in this Convention entitles a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law.

Article 5

Criminalization of participation in an organized criminal group

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a) Either or both of the following as criminal offences distinct from those involving the attempt or completion of the criminal activity:

(i) Agreeing with one or more other persons to commit a serious crime for a purpose relating directly or indirectly to the obtaining of a financial or other material benefit and, where required by domestic law, involving an act undertaken by one of the participants in furtherance of the agreement or involving an organized criminal group;

(ii) Conduct by a person who, with knowledge of either the aim and general criminal activity of an organized criminal group or its intention to commit the crimes in question, takes an active part in: a) Criminal activities of the organized criminal group; b) Other activities of the organized criminal group in the knowledge that his or her participation will contribute to the achievement of the above-described criminal aim;

(b) Organizing, directing, aiding, abetting, facilitating or counselling the commission of serious crime involving an organized criminal group.

2. The knowledge, intent, aim, purpose or agreement referred to in paragraph 1 of this article may be inferred from objective factual circumstances.

3. States Parties whose domestic law requires involvement of an organized criminal group for purposes of the offences established in accordance with paragraph 1 (a) (i) of this article shall ensure that their domestic law covers all serious crimes involving organized criminal groups. Such States Parties, as well as States Parties whose domestic law requires an act in


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furtherance of the agreement for purposes of the offences established in accordance with paragraph 1 (a) (i) of this article, shall so inform the Secretary- General of the United Nations at the time of their signature or of deposit of their instrument of ratification, acceptance or approval of or accession to this Convention.

Article 6

Criminalization of the laundering of proceeds of crime

1. Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a) (i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his or her action;

(ii) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceeds of crime;

(b) Subject to the basic concepts of its legal system:

(i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime;

(ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.

2. For purposes of implementing or applying paragraph 1 of this article:

(a) Each State Party shall seek to apply paragraph 1 of this article to the widest range of predicate offences;

(b) Each State Party shall include as predicate offences all serious crime as defined in article 2 of this Convention and the offences established in accordance with articles 5, 8 and 23 of this Convention. In the case of States Parties whose legislation sets out a list of specific predicate offences, they shall, at a minimum, include in such list a comprehensive range of offences associated with organized criminal groups;

(c) For the purposes of subparagraph (b), predicate offences shall include offences committed both within and outside the jurisdiction of the State Party in question. However,

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offences committed outside the jurisdiction of a State Party shall constitute predicate offences only when the relevant conduct is a criminal offence under the domestic law of the State where it is committed and would be a criminal offence under the domestic law of the State Party implementing or applying this article had it been committed there;

(d) Each State Party shall furnish copies of its laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the Secretary-General of the United Nations;

(e) If required by fundamental principles of the domestic law of a State Party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed the predicate offence;

(f) Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective factual circumstances.

Article 7

Measures to combat money-laundering

1. Each State Party:

(a) Shall institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions and, where appropriate, other bodies particularly susceptible to moneylaundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer identification, record-keeping and the reporting of suspicious transactions;

(b) Shall, without prejudice to articles 18 and 27 of this Convention, ensure that administrative, regulatory, law enforcement and other authorities dedicated to combating money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential money laundering.

2. States Parties shall consider implementing feasible measures to detect and monitor the movement of cash and appropriate negotiable instruments across their borders, subject to safeguards to ensure proper use of information and without impeding in any way the movement of legitimate capital. Such measures may include a requirement that individuals and businesses report the cross-border transfer of substantial quantities of cash and appropriate negotiable instruments.

3. In establishing a domestic regulatory and supervisory regime under the terms of this article, and without prejudice to any other article of this Convention, States Parties are called


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upon to use as a guideline the relevant initiatives of regional, interregional and multilateral organizations against money-laundering.

4. States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering.

Article 8

Criminalization of corruption

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a) The promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;

(b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

2. Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences conduct referred to in paragraph 1 of this article involving a foreign public official or international civil servant. Likewise, each State Party shall consider establishing as criminal offences other forms of corruption.

3. Each State Party shall also adopt such measures as may be necessary to establish as a criminal offence participation as an accomplice in an offence established in accordance with this article.

4. For the purposes of paragraph 1 of this article and article 9 of this Convention, “public official” shall mean a public official or a person who provides a public service as defined in the domestic law and as applied in the criminal law of the State Party in which the person in question performs that function.

Article 9

Measures against corruption

1. In addition to the measures set forth in article 8 of this Convention, each State Party shall, to the extent appropriate and consistent with its legal system, adopt legislative, administrative or other effective measures to promote integrity and to prevent, detect and punish the corruption of public officials.

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2. Each State Party shall take measures to ensure effective action by its authorities in the prevention, detection and punishment of the corruption of public officials, including providing such authorities with adequate independence to deter the exertion of inappropriate influence on their actions.

Article 10

Liability of legal persons

1. Each State Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in serious crimes involving an organized criminal group and for the offences established in accordance with articles 5, 6, 8 and 23 of this Convention.

2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.

3. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences.

4. Each State Party shall, in particular, ensure that legal persons held liable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

Article 11

Prosecution, adjudication and sanctions

1. Each State Party shall make the commission of an offence established in accordance with articles 5, 6, 8 and 23 of this Convention liable to sanctions that take into account the gravity of that offence.

2. Each State Party shall endeavour to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences covered by this Convention are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.

3. In the case of offences established in accordance with articles 5, 6, 8 and 23 of this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to seek to ensure that conditions imposed in connection with decisions on release pending trial or appeal take into consideration the need to ensure the presence of the defendant at subsequent criminal proceedings.


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4. Each State Party shall ensure that its courts or other competent authorities bear in mind the grave nature of the offences covered by this Convention when considering the eventuality of early release or parole of persons convicted of such offences.

5. Each State Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence covered by this Convention and a longer period where the alleged offender has evaded the administration of justice.

6. Nothing contained in this Convention shall affect the principle that the description of the offences established in accordance with this Convention and of the applicable legal defences or other legal principles controlling the lawfulness of conduct is reserved to the domestic law of a State Party and that such offences shall be prosecuted and punished in accordance with that law.

Article 12

Confiscation and seizure

1. States Parties shall adopt, to the greatest extent possible within their domestic legal systems, such measures as may be necessary to enable confiscation of:

(a) Proceeds of crime derived from offences covered by this Convention or property the value of which corresponds to that of such proceeds;

(b) Property, equipment or other instrumentalities used in or destined for use in offences covered by this Convention.

2. States Parties shall adopt such measures as may be necessary to enable the identification, tracing, freezing or seizure of any item referred to in paragraph 1 of this article for the purpose of eventual confiscation.

3. If proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.

4. If proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.

5. Income or other benefits derived from proceeds of crime, from property into which proceeds of crime have been transformed or converted or from property with which proceeds of crime have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds of crime.

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6. For the purposes of this article and article 13 of this Convention, each State Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized. States Parties shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.

7. States Parties may consider the possibility of requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law and with the nature of the judicial and other proceedings.

8. The provisions of this article shall not be construed to prejudice the rights of bona fide third parties.

9. Nothing contained in this article shall affect the principle that the measures to which it refers shall be defined and implemented in accordance with and subject to the provisions of the domestic law of a State Party.

Article 13

International cooperation for purposes of confiscation

1. A State Party that has received a request from another State Party having jurisdiction over an offence covered by this Convention for confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, of this Convention situated in its territory shall, to the greatest extent possible within its domestic legal system:

(a) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, give effect to it; or

(b) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with article 12, paragraph 1, of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, situated in the territory of the requested State Party.

2. Following a request made by another State Party having jurisdiction over an offence covered by this Convention, the requested State Party shall take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State Party.

3. The provisions of article 18 of this Convention are applicable, mutatis mutandis, to this article. In addition to the information specified in article 18, paragraph 15, requests made pursuant to this article shall contain:


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(a) In the case of a request pertaining to paragraph 1 (a) of this article, a description of the property to be confiscated and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law;

(b) In the case of a request pertaining to paragraph 1 (b) of this article, a legally admissible copy of an order of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested;

(c) In the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied upon by the requesting State Party and a description of the actions requested.

4. The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in relation to the requesting State Party.

5. Each State Party shall furnish copies of its laws and regulations that give effect to this article and of any subsequent changes to such laws and regulations or a description thereof to the Secretary-General of the United Nations.

6. If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention the necessary and sufficient treaty basis.

7. Cooperation under this article may be refused by a State Party if the offence to which the request relates is not an offence covered by this Convention.

8. The provisions of this article shall not be construed to prejudice the rights of bona fide third parties.

9. States Parties shall consider concluding bilateral or multilateral treaties, agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this article.

Article 14

Disposal of confiscated proceeds of crime or property

1. Proceeds of crime or property confiscated by a State Party pursuant to articles 12 or 13, paragraph 1, of this Convention shall be disposed of by that State Party in accordance with its domestic law and administrative procedures.

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2. When acting on the request made by another State Party in accordance with article 13 of this Convention, States Parties shall, to the extent permitted by domestic law and if so requested, give priority consideration to returning the confiscated proceeds of crime or property to the requesting State Party so that it can give compensation to the victims of the crime or return such proceeds of crime or property to their legitimate owners.

3. When acting on the request made by another State Party in accordance with articles 12 and 13 of this Convention, a State Party may give special consideration to concluding agreements or arrangements on:

(a) Contributing the value of such proceeds of crime or property or funds derived from the sale of such proceeds of crime or property or a part thereof to the account designated in accordance with article 30, paragraph 2 (c), of this Convention and to intergovernmental bodies specializing in the fight against organized crime;

(b) Sharing with other States Parties, on a regular or case-by-case basis, such proceeds of crime or property, or funds derived from the sale of such proceeds of crime or property, in accordance with its domestic law or administrative procedures.

Article 15

Jurisdiction

1. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences established in accordance with articles 5, 6, 8 and 23 of this Convention when:

(a) The offence is committed in the territory of that State Party; or

(b) The offence is committed on board a vessel that is flying the flag of that State Party or an aircraft that is registered under the laws of that State Party at the time that the offence is committed.

2. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offence when:

(a) The offence is committed against a national of that State Party;

(b) The offence is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or

(c) The offence is:


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(i) One of those established in accordance with article 5, paragraph 1, of this Convention and is committed outside its territory with a view to the commission of a serious crime within its territory;

(ii) One of those established in accordance with article 6, paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offence established in accordance with article 6, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory.

3. For the purposes of article 16, paragraph 10, of this Convention, each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.

4. Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite him or her.

5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that one or more other States Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those States Parties shall, as appropriate, consult one another with a view to coordinating their actions.

6. Without prejudice to norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Article 16

Extradition

1. This article shall apply to the offences covered by this Convention or in cases where an offence referred to in article 3, paragraph 1 (a) or (b), involves an organized criminal group and the person who is the subject of the request for extradition is located in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

2. If the request for extradition includes several separate serious crimes, some of which are not covered by this article, the requested State Party may apply this article also in respect of the latter offences.

3. Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties. States Parties

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undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

4. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies.

5. States Parties that make extradition conditional on the existence of a treaty shall:

(a) At the time of deposit of their instrument of ratification, acceptance, approval of or accession to this Convention, inform the Secretary-General of the United Nations whether they will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention; and

(b) If they do not take this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude treaties on extradition with other States Parties to this Convention in order to implement this article.

6. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves.

7. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.

8. States Parties shall, subject to their domestic law, endeavour to expedite extradition procedures and to simplify evidentiary requirements relating thereto in respect of any offence to which this article applies.

9. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

10. A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in


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particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.

11. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought and that State Party and the State Party seeking the extradition of the person agree with this option and other terms that they may deem appropriate, such conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 10 of this article.

12. If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested State Party, the requested Party shall, if its domestic law so permits and in conformity with the requirements of such law, upon application of the requesting Party, consider the enforcement of the sentence that has been imposed under the domestic law of the requesting Party or the remainder thereof.

13. Any person regarding whom proceedings are being carried out in connection with any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the State Party in the territory of which that person is present.

14. Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, religion, nationality, ethnic origin or political opinions or that compliance with the request would cause prejudice to that person’s position for any one of these reasons.

15. States Parties may not refuse a request for extradition on the sole ground that the offence is also considered to involve fiscal matters.

16. Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.

17. States Parties shall seek to conclude bilateral and multilateral agreements or arrangements to carry out or to enhance the effectiveness of extradition.

Article 17

Transfer of sentenced persons

States Parties may consider entering into bilateral or multilateral agreements or arrangements on the transfer to their territory of persons sentenced to imprisonment or

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other forms of deprivation of liberty for offences covered by this Convention, in order that they may complete their sentences there.

Article 18


1. States Parties shall afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered by this Convention as provided for in article 3 and shall reciprocally extend to one another similar assistance where the requesting State Party has reasonable grounds to suspect that the offence referred to in article 3, paragraph 1 (a) or (b), is transnational in nature, including that victims, witnesses, proceeds, instrumentalities or evidence of such offences are located in the requested State Party and that the offence involves an organized criminal group.

2. Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 10 of this Convention in the requesting State Party.




(c) Executing searches and seizures, and freezing;


(e) Providing information, evidentiary items and expert evaluations;

(f) Providing originals or certified copies of relevant documents and records, including government, bank, financial, corporate or business records;

(g) Identifying or tracing proceeds of crime, property, instrumentalities or other things for evidentiary purposes;

(h) Facilitating the voluntary appearance of persons in the requesting State Party;

(i) Any other type of assistance that is not contrary to the domestic law of the requested State Party.


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4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal matters to a competent authority in another State Party where they believe that such information could assist the authority in undertaking or successfully concluding inquiries and criminal proceedings or could result in a request formulated by the latter State Party pursuant to this Convention.

5. The transmission of information pursuant to paragraph 4 of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or with restrictions on its use. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay.

6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal assistance.

7. Paragraphs 9 to 29 of this article shall apply to requests made pursuant to this article if the States Parties in question are not bound by a treaty of mutual legal assistance. If those States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply paragraphs 9 to 29 of this article in lieu thereof. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation.

8. States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy.

9. States Parties may decline to render mutual legal assistance pursuant to this article on the ground of absence of dual criminality. However, the requested State Party may, when it deems appropriate, provide assistance, to the extent it decides at its discretion, irrespective of whether the conduct would constitute an offence under the domestic law of the requested State Party.

10. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to offences covered by this Convention may be transferred if the following conditions are met:


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(b) The competent authorities of both States Parties agree, subject to such conditions as those States Parties may deem appropriate.

11. For the purposes of paragraph 10 of this article:

(a) The State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State Party from which the person was transferred;

(b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;

(c) The State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person;

(d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State Party to which he or she was transferred.

12. Unless the State Party from which a person is to be transferred in accordance with paragraphs 10 and 11 of this article so agrees, that person, whatever his or her nationality, shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts, omissions or convictions prior to his or her departure from the territory of the State from which he or she was transferred.

13. Each State Party shall designate a central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. Where a State Party has a special region or territory with a separate system of mutual legal assistance, it may designate a distinct central authority that shall have the same function for that region or territory. Central authorities shall ensure the speedy and proper execution or transmission of the requests received. Where the central authority transmits the request to a competent authority for execution, it shall encourage the speedy and proper execution of the request by the competent authority. The Secretary-General of the United Nations shall be notified of the central authority designated for this purpose at the time each State Party deposits its instrument of ratification, acceptance or approval of or accession to this Convention. Requests for mutual legal assistance and any communication related thereto shall be transmitted to the central authorities designated by the States Parties. This requirement shall be without prejudice to the right of a State Party to require that such requests and communications be addressed to it through diplomatic channels and, in urgent


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circumstances, where the States Parties agree, through the International Criminal Police Organization, if possible.

14. Requests shall be made in writing or, where possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, under conditions allowing that State Party to establish authenticity. The Secretary-General of the United Nations shall be notified of the language or languages acceptable to each State Party at the time it deposits its instrument of ratification, acceptance or approval of or accession to this Convention. In urgent circumstances and where agreed by the States Parties, requests may be made orally, but shall be confirmed in writing forthwith.



(b) The subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding;

(c) A summary of the relevant facts, except in relation to requests for the purpose of service of judicial documents;

(d) A description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed;

(e) Where possible, the identity, location and nationality of any person concerned; and


16. The requested State Party may request additional information when it appears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.

17. A request shall be executed in accordance with the domestic law of the requested State Party and, to the extent not contrary to the domestic law of the requested State Party and where possible, in accordance with the procedures specified in the request.

18. Wherever possible and consistent with fundamental principles of domestic law, when an individual is in the territory of a State Party and has to be heard as a witness or expert by the judicial authorities of another State Party, the first State Party may, at the request of the other, permit the hearing to take place by video conference if it is not possible or desirable for the individual in question to appear in person in the territory of the requesting State Party. States Parties may agree that the hearing shall be conducted by a judicial authority of the requesting State Party and attended by a judicial authority of the requested State Party.

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19. The requesting State Party shall not transmit or use information or evidence furnished by the requested State Party for investigations, prosecutions or judicial proceedings other than those stated in the request without the prior consent of the requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory to an accused person. In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if so requested, consult with the requested State Party. If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay.

20. The requesting State Party may require that the requested State Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested State Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting State Party.



(b) If the requested State Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests;

(c) If the authorities of the requested State Party would be prohibited by its domestic law from carrying out the action requested with regard to any similar offence, had it been subject to investigation, prosecution or judicial proceedings under their own jurisdiction;

(d) If it would be contrary to the legal system of the requested State Party relating to mutual legal assistance for the request to be granted.

22. States Parties may not refuse a request for mutual legal assistance on the sole ground that the offence is also considered to involve fiscal matters.


24. The requested State Party shall execute the request for mutual legal assistance as soon as possible and shall take as full account as possible of any deadlines suggested by the requesting State Party and for which reasons are given, preferably in the request. The requested State Party shall respond to reasonable requests by the requesting State Party on progress of its handling of the request. The requesting State Party shall promptly inform the requested State Party when the assistance sought is no longer required.

25. Mutual legal assistance may be postponed by the requested State Party on the ground that it interferes with an ongoing investigation, prosecution or judicial proceeding.


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26. Before refusing a request pursuant to paragraph 21 of this article or postponing its execution pursuant to paragraph 25 of this article, the requested State Party shall consult with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary. If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions.

27. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from the territory of the requested State Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days or for any period agreed upon by the States Parties from the date on which he or she has been officially informed that his or her presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the requesting State Party or, having left it, has returned of his or her own free will.

28. The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the States Parties shall consult to determine the terms and conditions under which the request will be executed, as well as the manner in which the costs shall be borne.

29. The requested State Party:

(a) Shall provide to the requesting State Party copies of government records, documents or information in its possession that under its domestic law are available to the general public;

(b) May, at its discretion, provide to the requesting State Party in whole, in part or subject to such conditions as it deems appropriate, copies of any government records, documents or information in its possession that under its domestic law are not available to the general public.

30. States Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to or enhance the provisions of this article.

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Article 19

Joint investigations

States Parties shall consider concluding bilateral or multilateral agreements or arrangements whereby, in relation to matters that are the subject of investigations, prosecutions or judicial proceedings in one or more States, the competent authorities concerned may establish joint investigative bodies. In the absence of such agreements or arrangements, joint investigations may be undertaken by agreement on a case-by-case basis. The States Parties involved shall ensure that the sovereignty of the State Party in whose territory such investigation is to take place is fully respected.

Article 20

Special investigative techniques

1. If permitted by the basic principles of its domestic legal system, each State Party shall, within its possibilities and under the conditions prescribed by its domestic law, take the necessary measures to allow for the appropriate use of controlled delivery and, where it deems appropriate, for the use of other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, by its competent authorities in its territory for the purpose of effectively combating organized crime.

2. For the purpose of investigating the offences covered by this Convention, States Parties are encouraged to conclude, when necessary, appropriate bilateral or multilateral agreements or arrangements for using such special investigative techniques in the context of cooperation at the international level. Such agreements or arrangements shall be concluded and implemented in full compliance with the principle of sovereign equality of States and shall be carried out strictly in accordance with the terms of those agreements or arrangements.

3. In the absence of an agreement or arrangement as set forth in paragraph 2 of this article, decisions to use such special investigative techniques at the international level shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the States Parties concerned.

4. Decisions to use controlled delivery at the international level may, with the consent of the States Parties concerned, include methods such as intercepting and allowing the goods to continue intact or be removed or replaced in whole or in part.


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Article 21

Transfer of criminal proceedings

States Parties shall consider the possibility of transferring to one another proceedings for the prosecution of an offence covered by this Convention in cases where such transfer is considered to be in the interests of the proper administration of justice, in particular in cases where several jurisdictions are involved, with a view to concentrating the prosecution.

Article 22

Establishment of criminal record

Each State Party may adopt such legislative or other measures as may be necessary to take into consideration, under such terms as and for the purpose that it deems appropriate, any previous conviction in another State of an alleged offender for the purpose of using such information in criminal proceedings relating to an offence covered by this Convention.

Article 23

Criminalization of obstruction of justice

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding in relation to the commission of offences covered by this Convention;

(b) The use of physical force, threats or intimidation to interfere with the exercise of official duties by a justice or law enforcement official in relation to the commission of offences covered by this Convention. Nothing in this subparagraph shall prejudice the right of States Parties to have legislation that protects other categories of public officials.

Article 24

Protection of witnesses

1. Each State Party shall take appropriate measures within its means to provide effective protection from potential retaliation or intimidation for witnesses in criminal proceedings who give testimony concerning offences covered by this Convention and, as appropriate, for their relatives and other persons close to them.

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2. The measures envisaged in paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process:

(a) Establishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons;

(b) Providing evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of the witness, such as permitting testimony to be given through the use of communications technology such as video links or other adequate means.

3. States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article.

4. The provisions of this article shall also apply to victims insofar as they are witnesses.

Article 25

Assistance to and protection of victims

1. Each State Party shall take appropriate measures within its means to provide assistance and protection to victims of offences covered by this Convention, in particular in cases of threat of retaliation or intimidation.

2. Each State Party shall establish appropriate procedures to provide access to compensation and restitution for victims of offences covered by this Convention.

3. Each State Party shall, subject to its domestic law, enable views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defence.

Article 26

Measures to enhance cooperation with law enforcement authorities

1. Each State Party shall take appropriate measures to encourage persons who participate or who have participated in organized criminal groups:

(a) To supply information useful to competent authorities for investigative and evidentiary purposes on such matters as:

(i) The identity, nature, composition, structure, location or activities of organized criminal groups;


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(ii) Links, including international links, with other organized criminal groups;

(iii) Offences that organized criminal groups have committed or may commit;

(b) To provide factual, concrete help to competent authorities that may contribute to depriving organized criminal groups of their resources or of the proceeds of crime.

2. Each State Party shall consider providing for the possibility, in appropriate cases, of mitigating punishment of an accused person who provides substantial cooperation in the investigation or prosecution of an offence covered by this Convention.

3. Each State Party shall consider providing for the possibility, in accordance with fundamental principles of its domestic law, of granting immunity from prosecution to a person who provides substantial cooperation in the investigation or prosecution of an offence covered by this Convention.

4. Protection of such persons shall be as provided for in article 24 of this Convention.

5. Where a person referred to in paragraph 1 of this article located in one State Party can provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider entering into agreements or arrangements, in accordance with their domestic law, concerning the potential provision by the other State Party of the treatment set forth in paragraphs 2 and 3 of this article.

Article 27

Law enforcement cooperation

1. States Parties shall cooperate closely with one another, consistent with their respective domestic legal and administrative systems, to enhance the effectiveness of law enforcement action to combat the offences covered by this Convention. Each State Party shall, in particular, adopt effective measures:

(a) To enhance and, where necessary, to establish channels of communication between their competent authorities, agencies and services in order to facilitate the secure and rapid exchange of information concerning all aspects of the offences covered by this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities;

(b) To cooperate with other States Parties in conducting inquiries with respect to offences covered by this Convention concerning:

(i) The identity, whereabouts and activities of persons suspected of involvement in such offences or the location of other persons concerned;

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(ii) The movement of proceeds of crime or property derived from the commission of such offences;

(iii) The movement of property, equipment or other instrumentalities used or intended for use in the commission of such offences;

(c) To provide, when appropriate, necessary items or quantities of substances for analytical or investigative purposes;

(d) To facilitate effective coordination between their competent authorities, agencies and services and to promote the exchange of personnel and other experts, including, subject to bilateral agreements or arrangements between the States Parties concerned, the posting of liaison officers;

(e) To exchange information with other States Parties on specific means and methods used by organized criminal groups, including, where applicable, routes and conveyances and the use of false identities, altered or false documents or other means of concealing their activities;

(f) To exchange information and coordinate administrative and other measures taken as appropriate for the purpose of early identification of the offences covered by this Convention.

2. With a view to giving effect to this Convention, States Parties shall consider entering into bilateral or multilateral agreements or arrangements on direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, amending them. In the absence of such agreements or arrangements between the States Parties concerned, the Parties may consider this Convention as the basis for mutual law enforcement cooperation in respect of the offences covered by this Convention. Whenever appropriate, States Parties shall make full use of agreements or arrangements, including international or regional organizations, to enhance the cooperation between their law enforcement agencies.

3. States Parties shall endeavour to cooperate within their means to respond to transnational organized crime committed through the use of modern technology.

Article 28

Collection, exchange and analysis of information on the nature of organized crime

1. Each State Party shall consider analysing, in consultation with the scientific and academic communities, trends in organized crime in its territory, the circumstances in which organized crime operates, as well as the professional groups and technologies involved.


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2. States Parties shall consider developing and sharing analytical expertise concerning organized criminal activities with each other and through international and regional organizations. For that purpose, common definitions, standards and methodologies should be developed and applied as appropriate.

3. Each State Party shall consider monitoring its policies and actual measures to combat organized crime and making assessments of their effectiveness and efficiency.

Article 29

Training and technical assistance

1. Each State Party shall, to the extent necessary, initiate, develop or improve specific training programmes for its law enforcement personnel, including prosecutors, investigating magistrates and customs personnel, and other personnel charged with the prevention, detection and control of the offences covered by this Convention. Such programmes may include secondments and exchanges of staff. Such programmes shall deal, in particular and to the extent permitted by domestic law, with the following:

(a) Methods used in the prevention, detection and control of the offences covered by this Convention;

(b) Routes and techniques used by persons suspected of involvement in offences covered by this Convention, including in transit States, and appropriate countermeasures;

(c) Monitoring of the movement of contraband;

(d) Detection and monitoring of the movements of proceeds of crime, property, equipment or other instrumentalities and methods used for the transfer, concealment or disguise of such proceeds, property, equipment or other instrumentalities, as well as methods used in combating moneylaundering and other financial crimes;

(e) Collection of evidence;

(f) Control techniques in free trade zones and free ports;

(g) Modern law enforcement equipment and techniques, including electronic surveillance, controlled deliveries and undercover operations;

(h) Methods used in combating transnational organized crime committed through the use of computers, telecommunications networks or other forms of modern technology; and

(i) Methods used in the protection of victims and witnesses.

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2. States Parties shall assist one another in planning and implementing research and training programmes designed to share expertise in the areas referred to in paragraph 1 of this article and to that end shall also, when appropriate, use regional and international conferences and seminars to promote cooperation and to stimulate discussion on problems of mutual concern, including the special problems and needs of transit States.

3. States Parties shall promote training and technical assistance that will facilitate extradition and mutual legal assistance. Such training and technical assistance may include language training, secondments and exchanges between personnel in central authorities or agencies with relevant responsibilities.

4. In the case of existing bilateral and multilateral agreements or arrangements, States Parties shall strengthen, to the extent necessary, efforts to maximize operational and training activities within international and regional organizations and within other relevant bilateral and multilateral agreements or arrangements.

Article 30

Other measures: implementation of the Convention through economic development and technical assistance

1. States Parties shall take measures conducive to the optimal implementation of this Convention to the extent possible, through international cooperation, taking into account the negative effects of organized crime on society in general, in particular on sustainable development.

2. States Parties shall make concrete efforts to the extent possible and in coordination with each other, as well as with international and regional organizations:

(a) To enhance their cooperation at various levels with developing countries, with a view to strengthening the capacity of the latter to prevent and combat transnational organized crime;

(b) To enhance financial and material assistance to support the efforts of developing countries to fight transnational organized crime effectively and to help them implement this Convention successfully;

(c) To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the implementation of this Convention. To that end, States Parties shall endeavour to make adequate and regular voluntary contributions to an account specifically designated for that purpose in a United Nations funding mechanism. States Parties may also give special consideration, in accordance with their domestic law and the provisions of this Convention, to contributing to the aforementioned account a percentage of the money or of the corresponding value of


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proceeds of crime or property confiscated in accordance with the provisions of this Convention;

(d) To encourage and persuade other States and financial institutions as appropriate to join them in efforts in accordance with this article, in particular by providing more training programmes and modern equipment to developing countries in order to assist them in achieving the objectives of this Convention.

3. To the extent possible, these measures shall be without prejudice to existing foreign assistance commitments or to other financial cooperation arrangements at the bilateral, regional or international level.

4. States Parties may conclude bilateral or multilateral agreements or arrangements on material and logistical assistance, taking into consideration the financial arrangements necessary for the means of international cooperation provided for by this Convention to be effective and for the prevention, detection and control of transnational organized crime.

Article 31

Prevention

1. States Parties shall endeavour to develop and evaluate national projects and to establish and promote best practices and policies aimed at the prevention of transnational organized crime.

2. States Parties shall endeavour, in accordance with fundamental principles of their domestic law, to reduce existing or future opportunities for organized criminal groups to participate in lawful markets with proceeds of crime, through appropriate legislative, administrative or other measures. These measures should focus on:

(a) The strengthening of cooperation between law enforcement agencies or prosecutors and relevant private entities, including industry;

(b) The promotion of the development of standards and procedures designed to safeguard the integrity of public and relevant private entities, as well as codes of conduct for relevant professions, in particular lawyers, notaries public, tax consultants and accountants;

(c) The prevention of the misuse by organized criminal groups of tender procedures conducted by public authorities and of subsidies and licences granted by public authorities for commercial activity;

(d) The prevention of the misuse of legal persons by organized criminal groups; such measures could include:

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(i) The establishment of public records on legal and natural persons involved in the establishment, management and funding of legal persons;

(ii) The introduction of the possibility of disqualifying by court order or any appropriate means for a reasonable period of time persons convicted of offences covered by this Convention from acting as directors of legal persons incorporated within their jurisdiction;

(iii) The establishment of national records of persons disqualified from acting as directors of legal persons; and

(iv) The exchange of information contained in the records referred to in subparagraphs (d) (i) and (iii) of this paragraph with the competent authorities of other States Parties.

3. States Parties shall endeavour to promote the reintegration into society of persons convicted of offences covered by this Convention.

4. States Parties shall endeavour to evaluate periodically existing relevant legal instruments and administrative practices with a view to detecting their vulnerability to misuse by organized criminal groups.

5. States Parties shall endeavour to promote public awareness regarding the existence, causes and gravity of and the threat posed by transnational organized crime. Information may be disseminated where appropriate through the mass media and shall include measures to promote public participation in preventing and combating such crime.

6. Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that can assist other States Parties in developing measures to prevent transnational organized crime.

7. States Parties shall, as appropriate, collaborate with each other and relevant international and regional organizations in promoting and developing the measures referred to in this article. This includes participation in international projects aimed at the prevention of transnational organized crime, for example by alleviating the circumstances that render socially marginalized groups vulnerable to the action of transnational organized crime.

Article 32

Conference of the Parties to the Convention

1. A Conference of the Parties to the Convention is hereby established to improve the capacity of States Parties to combat transnational organized crime and to promote and review the implementation of this Convention.


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2. The Secretary-General of the United Nations shall convene the Conference of the Parties not later than one year following the entry into force of this Convention. The Conference of the Parties shall adopt rules of procedure and rules governing the activities set forth in paragraphs 3 and 4 of this article (including rules concerning payment of expenses incurred in carrying out those activities).

3. The Conference of the Parties shall agree upon mechanisms for achieving the objectives mentioned in paragraph 1 of this article, including:

(a) Facilitating activities by States Parties under articles 29, 30 and 31 of this Convention, including by encouraging the mobilization of voluntary contributions;

(b) Facilitating the exchange of information among States Parties on patterns and trends in transnational organized crime and on successful practices for combating it;

(c) Cooperating with relevant international and regional organizations and non-governmental organizations;

(d) Reviewing periodically the implementation of this Convention;

(e) Making recommendations to improve this Convention and its implementation.

4. For the purpose of paragraphs 3 (d) and (e) of this article, the Conference of the Parties shall acquire the necessary knowledge of the measures taken by States Parties in implementing this Convention and the difficulties encountered by them in doing so through information provided by them and through such supplemental review mechanisms as may be established by the Conference of the Parties.

5. Each State Party shall provide the Conference of the Parties with information on its programmes, plans and practices, as well as legislative and administrative measures to implement this Convention, as required by the Conference of the Parties.

Article 33

Secretariat

1. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the Parties to the Convention.

2. The secretariat shall:

(a) Assist the Conference of the Parties in carrying out the activities set forth in article 32 of this Convention and make arrangements and provide the necessary services for the sessions of the Conference of the Parties;

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(b) Upon request, assist States Parties in providing information to the Conference of the Parties as envisaged in article 32, paragraph 5, of this Convention; and

(c) Ensure the necessary coordination with the secretariats of relevant international and regional organizations.

Article 34

Implementation of the Convention

1. Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with fundamental principles of its domestic law, to ensure the implementation of its obligations under this Convention.

2. The offences established in accordance with articles 5, 6, 8 and 23 of this Convention shall be established in the domestic law of each State Party independently of the transnational nature or the involvement of an organized criminal group as described in article 3, paragraph 1, of this Convention, except to the extent that article 5 of this Convention would require the involvement of an organized criminal group.

3. Each State Party may adopt more strict or severe measures than those provided for by this Convention for preventing and combating transnational organized crime.

Article 35


1. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Convention through negotiation.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.

3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.

4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.


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Article 36


1. This Convention shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.

2. This Convention shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Convention in accordance with paragraph 1 of this article.

3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

4. This Convention is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

Article 37

Relation with protocols

1. This Convention may be supplemented by one or more protocols.

2. In order to become a Party to a protocol, a State or a regional economic integration organization must also be a Party to this Convention.

3. A State Party to this Convention is not bound by a protocol unless it becomes a Party to the protocol in accordance with the provisions thereof.

4. Any protocol to this Convention shall be interpreted together with this Convention, taking into account the purpose of that protocol.

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Article 38

Entry into force

1. This Convention shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.

2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the fortieth instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument.

Article 39

Amendment

1. After the expiry of five years from the entry into force of this Convention, a State Party may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference of the Parties.

2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.

3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.

4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.

5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Convention and any earlier amendments that they have ratified, accepted or approved.


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Article 40

Denunciation

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

2. A regional economic integration organization shall cease to be a Party to this Convention when all of its member States have denounced it.

3. Denunciation of this Convention in accordance with paragraph 1 of this article shall entail the denunciation of any protocols thereto.

Article 41

Depositary and languages

1. The Secretary-General of the United Nations is designated depositary of this Convention.

2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.

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5. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000

Adopted by the United Nations General Assembly on 15 November 2000 In force on 25 December 2003, in accordance with Article 17 Depositary: General-Secretary of the United Nations

PREAMBLE


Declaring that effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking, including by protecting their internationally recognized human rights,

Taking into account the fact that, despite the existence of a variety of international instruments containing rules and practical measures to combat the exploitation of persons, especially women and children, there is no universal instrument that addresses all aspects of trafficking in persons,

Concerned that, in the absence of such an instrument, persons who are vulnerable to trafficking will not be sufficiently protected, Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument addressing trafficking in women and children,

Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument for the prevention, suppression and punishment of trafficking in persons, especially women and children, will be useful in preventing and combating that crime,



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I. General provisions

Article 1

Relation with the United Nations Convention against Transnational Organized Crime

1. This Protocol supplements the United Nations Convention against Transnational Organized Crime. It shall be interpreted together with the Convention.

2. The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein.

3. The offences established in accordance with article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.

Article 2


The purposes of this Protocol are:

(a) To prevent and combat trafficking in persons, paying particular attention to women and children;

(b) To protect and assist the victims of such trafficking, with full respect for their human rights; and

(c) To promote cooperation among States Parties in order to meet those objectives.

Article 3

Use of terms


(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

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(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph

(a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;

(d) “Child” shall mean any person under eighteen years of age.

Article 4


This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 5 of this Protocol, where those offences are transnational in nature and involve an organized criminal group, as well as to the protection of victims of such offences.

Article 5

Criminalization

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in article 3 of this Protocol, when committed intentionally.

2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:

(a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;

(b) Participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and

(c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.


301

II. Protection of victims of trafficking in persons

Article 6

Assistance to and protection of victims of trafficking in persons

1. In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia, by making legal proceedings relating to such trafficking confidential.

2. Each State Party shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons, in appropriate cases:

(a) Information on relevant court and administrative proceedings;

(b) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.

3. Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of:

(a) Appropriate housing;

(b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand;

(c) Medical, psychological and material assistance; and

(d) Employment, educational and training opportunities.

4. Each State Party shall take into account, in applying the provisions of this article, the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care.

5. Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory.

6. Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.

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Article 7

Status of victims of trafficking in persons in receiving States

1. In addition to taking measures pursuant to article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases.

2. In implementing the provision contained in paragraph 1 of this article, each State Party shall give appropriate consideration to humanitarian and compassionate factors.

Article 8

Repatriation of victims of trafficking in persons

1. The State Party of which a victim of trafficking in persons is a national or in which the person had the right of permanent residence at the time of entry into the territory of the receiving State Party shall facilitate and accept, with due regard for the safety of that person, the return of that person without undue or unreasonable delay.

2. When a State Party returns a victim of trafficking in persons to a State Party of which that person is a national or in which he or she had, at the time of entry into the territory of the receiving State Party, the right of permanent residence, such return shall be with due regard for the safety of that person and for the status of any legal proceedings related to the fact that the person is a victim of trafficking and shall preferably be voluntary.

3. At the request of a receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who is a victim of trafficking in persons is its national or had the right of permanent residence in its territory at the time of entry into the territory of the receiving State Party.

4. In order to facilitate the return of a victim of trafficking in persons who is without proper documentation, the State Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving State Party shall agree to issue, at the request of the receiving State Party, such travel documents or other authorization as may be necessary to enable the person to travel to and re-enter its territory.

5. This article shall be without prejudice to any right afforded to victims of trafficking in persons by any domestic law of the receiving State Party.

6. This article shall be without prejudice to any applicable bilateral or multilateral agreement or arrangement that governs, in whole or in part, the return of victims of trafficking in persons.


303

III. Prevention, cooperation and other measures

Article 9

Prevention of trafficking in persons

1. States Parties shall establish comprehensive policies, programmes and other measures:

(a) To prevent and combat trafficking in persons; and

(b) To protect victims of trafficking in persons, especially women and children, from revictimization.

2. States Parties shall endeavour to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons.

3. Policies, programmes and other measures established in accordance with this article shall, as appropriate, include cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.

4. States Parties shall take or strengthen measures, including through bilateral or multilateral cooperation, to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.

5. States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.

Article 10

Information exchange and training

1. Law enforcement, immigration or other relevant authorities of States Parties shall, as appropriate, cooperate with one another by exchanging information, in accordance with their domestic law, to enable them to determine:

(a) Whether individuals crossing or attempting to cross an international border with travel documents belonging to other persons or without travel documents are perpetrators or victims of trafficking in persons;

(b) The types of travel document that individuals have used or attempted to use to cross an international border for the purpose of trafficking in persons; and

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(c) The means and methods used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them.

2. States Parties shall provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child- and gender-sensitive issues and it should encourage cooperation with nongovernmental organizations, other relevant organizations and other elements of civil society.

3. A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.

Article 11

Border measures

1. Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect trafficking in persons.

2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of offences established in accordance with article 5 of this Protocol.

3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.

4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.

5. Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.

6. Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.


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Article 12

Security and control of documents

Each State Party shall take such measures as may be necessary, within available means:

(a) To ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and

(b) To ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use.

Article 13

Legitimacy and validity of documents

At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in persons.

IV. Final provisions

Article 14

Saving clause

1. Nothing in this Protocol shall affect the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention1 and the 1967 Protocol2 relating to the Status of Refugees and the principle of non-refoulement as contained therein.

2. The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are victims of trafficking in persons. The interpretation and application of those measures shall be consistent with internationally recognized principles of non discrimination.

Article 15


1. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.

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1. United Nations, Treaty Series, vol. 189, No. 2545. 2Ibid., vol. 606, No. 8791.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.

3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.


Article 16


1. This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.

2. This Protocol shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Protocol in accordance with paragraph 1 of this article.

3. This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

4. This Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.


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Article 17

Entry into force

1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.

2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.

Article 18

Amendment

1. After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.

2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.



5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by

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the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.

Article 19

Denunciation

1. A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

2. A regional economic integration organization shall cease to be a Party to this Protocol when all of its member States have denounced it.

Article 20


1. The Secretary-General of the United Nations is designated depositary of this Protocol.

2. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.


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6. Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 2000

Adopted by the United Nations General Assembly on 15 November 2000 In force on 28 January 2004, in accordance with Article 22 Depositary: Secretary-General of the United Nations

PREAMBLE


Declaring that effective action to prevent and combat the smuggling of migrants by land, sea and air requires a comprehensive international approach, including cooperation, the exchange of information and other appropriate measures, including socio-economic measures, at the national, regional and international levels,

Recalling General Assembly resolution 54/212 of 22 December 1999, in which the Assembly urged Member States and the United Nations system to strengthen international cooperation in the area of international migration and development in order to address the root causes of migration, especially those related to poverty, and to maximize the benefits of international migration to those concerned, and encouraged, where relevant, interregional, regional and subregional mechanisms to continue to address the question of migration and development,

Convinced of the need to provide migrants with humane treatment and full protection of their rights,

Taking into account the fact that, despite work undertaken in other international forums, there is no universal instrument that addresses all aspects of smuggling of migrants and other related issues,

Concerned at the significant increase in the activities of organized criminal groups in smuggling of migrants and other related criminal activities set forth in this Protocol, which bring great harm to the States concerned,

Also concerned that the smuggling of migrants can endanger the lives or security of the migrants involved, Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument addressing illegal trafficking in and transporting of migrants, including by sea,

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Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument against the smuggling of migrants by land, sea and air will be useful in preventing and combating that crime,



Article 1





Article 2


The purpose of this Protocol is to prevent and combat the smuggling of migrants, as well as to promote cooperation among States Parties to that end, while protecting the rights of smuggled migrants.

Article 3

Use of terms


(a) “Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;

(b) “Illegal entry” shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State;

(c) “Fraudulent travel or identity document” shall mean any travel or identity document:


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(i) That has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorized to make or issue the travel or identity document on behalf of a State; or

(ii) That has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or

(iii) That is being used by a person other than the rightful holder;

(d) “Vessel” shall mean any type of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water, except a warship, naval auxiliary or other vessel owned or operated by a Government and used, for the time being, only on government noncommercial service.

Article 4


This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 6 of this Protocol, where the offences are transnational in nature and involve an organized criminal group, as well as to the protection of the rights of persons who have been the object of such offences.

Article 5

Criminal liability of migrants

Migrants shall not become liable to criminal prosecution under this Protocol for the fact of having been the object of conduct set forth in article 6 of this Protocol.

Article 6

Criminalization

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally and in order to obtain, directly or indirectly, a financial or other material benefit:

(a) The smuggling of migrants;

(b) When committed for the purpose of enabling the smuggling of migrants:

(i) Producing a fraudulent travel or identity document;

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(ii) Procuring, providing or possessing such a document;

(c) Enabling a person who is not a national or a permanent resident to remain in the State concerned without complying with the necessary requirements for legally remaining in the State by the means mentioned in subparagraph (b) of this paragraph or any other illegal means.

2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:

(a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;

(b) Participating as an accomplice in an offence established in accordance with paragraph 1 (a), (b) (i) or

(c) of this article and, subject to the basic concepts of its legal system, participating as an accomplice in an offence established in accordance with paragraph 1 (b) (ii) of this article;

(c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.

3. Each State Party shall adopt such legislative and other measures as may be necessary to establish as aggravating circumstances to the offences established in accordance with paragraph 1 (a), (b) (i) and (c) of this article and, subject to the basic concepts of its legal system, to the offences established in accordance with paragraph 2 (b) and (c) of this article, circumstances:

(a) That endanger, or are likely to endanger, the lives or safety of the migrants concerned; or

(b) That entail inhuman or degrading treatment, including for exploitation, of such migrants.

4. Nothing in this Protocol shall prevent a State Party from taking measures against a person whose conduct constitutes an offence under its domestic law.

II. Smuggling of migrants by sea

Article 7

Cooperation

States Parties shall cooperate to the fullest extent possible to prevent and suppress the smuggling of migrants by sea, in accordance with the international law of the sea.


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Article 8

Measures against the smuggling of migrants by sea

1. A State Party that has reasonable grounds to suspect that a vessel that is flying its flag or claiming its registry, that is without nationality or that, though flying a foreign flag or refusing to show a flag, is in reality of the nationality of the State Party concerned is engaged in the smuggling of migrants by sea may request the assistance of other States Parties in suppressing the use of the vessel for that purpose. The States Parties so requested shall render such assistance to the extent possible within their means.

2. A State Party that has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law and flying the flag or displaying the marks of registry of another State Party is engaged in the smuggling of migrants by sea may so notify the flag State, request confirmation of registry and, if confirmed, request authorization from the flag State to take appropriate measures with regard to that vessel. The flag State may authorize the requesting State, inter alia:

(a) To board the vessel;

(b) To search the vessel; and

(c) If evidence is found that the vessel is engaged in the smuggling of migrants by sea, to take appropriate measures with respect to the vessel and persons and cargo on board, as authorized by the flag State.

3. A State Party that has taken any measure in accordance with paragraph 2 of this article shall promptly inform the flag State concerned of the results of that measure.

4. A State Party shall respond expeditiously to a request from another State Party to determine whether a vessel that is claiming its registry or flying its flag is entitled to do so and to a request for authorization made in accordance with paragraph 2 of this article.

5. A flag State may, consistent with article 7 of this Protocol, subject its authorization to conditions to be agreed by it and the requesting State, including conditions relating to responsibility and the extent of effective measures to be taken. A State Party shall take no additional measures without the express authorization of the flag State, except those necessary to relieve imminent danger to the lives of persons or those which derive from relevant bilateral or multilateral agreements.

6. Each State Party shall designate an authority or, where necessary, authorities to receive and respond to requests for assistance, for confirmation of registry or of the right of a vessel to fly its flag and for authorization to take appropriate measures. Such designation shall be notified through the Secretary-General to all other States Parties within one month of the designation.

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7. A State Party that has reasonable grounds to suspect that a vessel is engaged in the smuggling of migrants by sea and is without nationality or may be assimilated to a vessel without nationality may board and search the vessel. If evidence confirming the suspicion is found, that State Party shall take appropriate measures in accordance with relevant domestic and international law.

Article 9

Safeguard clauses

1. Where a State Party takes measures against a vessel in accordance with article 8 of this Protocol, it shall:

(a) Ensure the safety and humane treatment of the persons on board;

(b) Take due account of the need not to endanger the security of the vessel or its cargo;

(c) Take due account of the need not to prejudice the commercial or legal interests of the flag State or any other interested State;

(d) Ensure, within available means, that any measure taken with regard to the vessel is environmentally sound.

2. Where the grounds for measures taken pursuant to article 8 of this Protocol prove to be unfounded, the vessel shall be compensated for any loss or damage that may have been sustained, provided that the vessel has not committed any act justifying the measures taken.

3. Any measure taken, adopted or implemented in accordance with this chapter shall take due account of the need not to interfere with or to affect:

(a) The rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea; or

(b) The authority of the flag State to exercise jurisdiction and control in administrative, technical and social matters involving the vessel.

4. Any measure taken at sea pursuant to this chapter shall be carried out only by warships or military aircraft, or by other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.


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III. Prevention, cooperation and other measures

Article 10

Information

1. Without prejudice to articles 27 and 28 of the Convention, States Parties, in particular those with common borders or located on routes along which migrants are smuggled, shall, for the purpose of achieving the objectives of this Protocol, exchange among themselves, consistent with their respective domestic legal and administrative systems, relevant information on matters such as:

(a) Embarkation and destination points, as well as routes, carriers and means of transportation, known to be or suspected of being used by an organized criminal group engaged in conduct set forth in article 6 of this Protocol;

(b) The identity and methods of organizations or organized criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol;

(c) The authenticity and proper form of travel documents issued by a State Party and the theft or related misuse of blank travel or identity documents;

(d) Means and methods of concealment and transportation of persons, the unlawful alteration, reproduction or acquisition or other misuse of travel or identity documents used in conduct set forth in article 6 of this Protocol and ways of detecting them;

(e) Legislative experiences and practices and measures to prevent and combat the conduct set forth in article 6 of this Protocol; and

(f) Scientific and technological information useful to law enforcement, so as to enhance each other’s ability to prevent, detect and investigate the conduct set forth in article 6 of this Protocol and to prosecute those involved.

2. A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.

Article 11

Border measures

1. Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect the smuggling of migrants.

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2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of the offence established in accordance with article 6, paragraph 1 (a), of this Protocol.

3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.

4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.

5. Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.

6. Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.

Article 12

Security and control of documents

Each State Party shall take such measures as may be necessary, within available means:

(a) To ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and

(b) To ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use.

Article 13

Legitimacy and validity of documents

At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for purposes of conduct set forth in article 6 of this Protocol.


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Article 14

Training and technical cooperation

1. States Parties shall provide or strengthen specialized training for immigration and other relevant officials in preventing the conduct set forth in article 6 of this Protocol and in the humane treatment of migrants who have been the object of such conduct, while respecting their rights as set forth in this Protocol.

2. States Parties shall cooperate with each other and with competent international organizations, nongovernmental organizations, other relevant organizations and other elements of civil society as appropriate to ensure that there is adequate personnel training in their territories to prevent, combat and eradicate the conduct set forth in article 6 of this Protocol and to protect the rights of migrants who have been the object of such conduct. Such training shall include:

(a) Improving the security and quality of travel documents;

(b) Recognizing and detecting fraudulent travel or identity documents;

(c) Gathering criminal intelligence, relating in particular to the identification of organized criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol, the methods used to transport smuggled migrants, the misuse of travel or identity documents for purposes of conduct set forth in article 6 and the means of concealment used in the smuggling of migrants;

(d) Improving procedures for detecting smuggled persons at conventional and non-conventional points of entry and exit; and

(e) The humane treatment of migrants and the protection of their rights as set forth in this Protocol.

3. States Parties with relevant expertise shall consider providing technical assistance to States that are frequently countries of origin or transit for persons who have been the object of conduct set forth in article6 of this Protocol. States Parties shall make every effort to provide the necessary resources, such as vehicles, computer systems and document readers, to combat the conduct set forth in article 6.

Article 15

Other prevention measures

1. Each State Party shall take measures to ensure that it provides or strengthens information programmes to increase public awareness of the fact that the conduct set forth

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in article 6 of this Protocol is a criminal activity frequently perpetrated by organized criminal groups for profit and that it poses serious risks to the migrants concerned.

2. In accordance with article 31 of the Convention, States Parties shall cooperate in the field of public information for the purpose of preventing potential migrants from falling victim to organized criminal groups.

3. Each State Party shall promote or strengthen, as appropriate, development programmes and cooperation at the national, regional and international levels, taking into account the socio-economic realities of migration and paying special attention to economically and socially depressed areas, in order to combat the root socio-economic causes of the smuggling of migrants, such as poverty and underdevelopment.

Article 16

Protection and assistance measures

1. In implementing this Protocol, each State Party shall take, consistent with its obligations under international law, all appropriate measures, including legislation if necessary, to preserve and protect the rights of persons who have been the object of conduct set forth in article 6 of this Protocol as accorded under applicable international law, in particular the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

2. Each State Party shall take appropriate measures to afford migrants appropriate protection against violence that may be inflicted upon them, whether by individuals or groups, by reason of being the object of conduct set forth in article 6 of this Protocol.

3. Each State Party shall afford appropriate assistance to migrants whose lives or safety are endangered by reason of being the object of conduct set forth in article 6 of this Protocol.

4. In applying the provisions of this article, States Parties shall take into account the special needs of women and children.

5. In the case of the detention of a person who has been the object of conduct set forth in article 6 of this Protocol, each State Party shall comply with its obligations under the Vienna Convention on Consular Relations,1 where applicable, including that of informing the person concerned without delay about the provisions concerning notification to and communication with consular officers.


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Article 17

Agreements and arrangements

States Parties shall consider the conclusion of bilateral or regional agreements or operational arrangements or understandings aimed at:

(a) Establishing the most appropriate and effective measures to prevent and combat the conduct set forth in article 6 of this Protocol; or

(b) Enhancing the provisions of this Protocol among themselves.

Article 18

Return of smuggled migrants

1. Each State Party agrees to facilitate and accept, without undue or unreasonable delay, the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who is its national or who has the right of permanent residence in its territory at the time of return.

2. Each State Party shall consider the possibility of facilitating and accepting the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who had the right of permanent residence in its territory at the time of entry into the receiving State in accordance with its domestic law.

3. At the request of the receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who has been the object of conduct set forth in article 6 of this Protocol is its national or has the right of permanent residence in its territory.

4. In order to facilitate the return of a person who has been the object of conduct set forth in article 6 of this Protocol and is without proper documentation, the State Party of which that person is a national or in which he or she has the right of permanent residence shall agree to issue, at the request of the receiving State Party, such travel documents or other authorization as may be necessary to enable the person to travel to and re-enter its territory.

5. Each State Party involved with the return of a person who has been the object of conduct set forth in article 6 of this Protocol shall take all appropriate measures to carry out the return in an orderly manner and with due regard for the safety and dignity of the person.

6. States Parties may cooperate with relevant international organizations in the implementation of this article.

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7. This article shall be without prejudice to any right afforded to persons who have been the object of conduct set forth in article 6 of this Protocol by any domestic law of the receiving State Party.

8. This article shall not affect the obligations entered into under any other applicable treaty, bilateral or multilateral, or any other applicable operational agreement or arrangement that governs, in whole or in part, the return of persons who have been the object of conduct set forth in article 6 of this Protocol.

IV. Final provisions

Article 19

Saving clause

1. Nothing in this Protocol shall affect the other rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention2 and the 1967 Protocol3 relating to the Status of Refugees and the principle of non-refoulement as contained therein.

2. The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are the object of conduct set forth in article 6 of this Protocol. The interpretation and application of those measures shall be consistent with internationally recognized principles of non-discrimination.

Article 20






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Article 21


1. This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.




Article 22

Entry into force


2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by

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such State or organization of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.

Article 23

Amendment





5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.

Article 24

Denunciation




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Article 25





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7. Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, 2001

Adopted by the United Nations General Assembly on 31 May 2001 In force on 3 July 2005, in accordance with Article 18 (1) Depositary: Secretary-General of the United Nations

PREAMBLE


Aware of the urgent need to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, owing to the harmful effects of those activities on the security of each State, region and the world as a whole, endangering the well-being of peoples, their social and economic development and their right to live in peace,

Convinced, therefore, of the necessity for all States to take all appropriate measures to this end, including international cooperation and other measures at the regional and global levels,

Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument combating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition,

Bearing in mind the principle of equal rights and self-determination of peoples, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,

Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition will be useful in preventing and combating those crimes,



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Article 1





Article 2


The purpose of this Protocol is to promote, facilitate and strengthen cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

Article 3

Use of terms


(a) “Firearm” shall mean any portable barrelled weapon that expels, is designed to expel or may be readily converted to expel a shot, bullet or projectile by the action of an explosive, excluding antique firearms or their replicas. Antique firearms and their replicas shall be defined in accordance with domestic law. In no case, however, shall antique firearms include firearms manufactured after 1899;

(b) “Parts and components” shall mean any element or replacement element specifically designed for a firearm and essential to its operation, including a barrel, frame or receiver, slide or cylinder, bolt or breech block, and any device designed or adapted to diminish the sound caused by firing a firearm;

(c) “Ammunition” shall mean the complete round or its components, including cartridge cases, primers, propellant powder, bullets or projectiles, that are used in a firearm, provided that those components are themselves subject to authorization in the respective State Party;

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(d) “Illicit manufacturing” shall mean the manufacturing or assembly of firearms, their parts and components or ammunition:

(i) From parts and components illicitly trafficked;

(ii) Without a licence or authorization from a competent authority of the State Party where the manufacture or assembly takes place; or

(iii) Without marking the firearms at the time of manufacture, in accordance with article 8 of this Protocol; Licensing or authorization of the manufacture of parts and components shall be in accordance with domestic law;

(e) “Illicit trafficking” shall mean the import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts and components and ammunition from or across the territory of one State Party to that of another State Party if any one of the States Parties concerned does not authorize it in accordance with the terms of this Protocol or if the firearms are not marked in accordance with article 8 of this Protocol;

(f) “Tracing” shall mean the systematic tracking of firearms and, where possible, their parts and components and ammunition from manufacturer to purchaser for the purpose of assisting the competent authorities of States Parties in detecting, investigating and analysing illicit manufacturing and illicit trafficking.

Article 4


1. This Protocol shall apply, except as otherwise stated herein, to the prevention of illicit manufacturing of and trafficking in firearms, their parts and components and ammunition and to the investigation and prosecution of offences established in accordance with article 5 of this Protocol where those offences are transnational in nature and involve an organized criminal group.

2. This Protocol shall not apply to state-to-state transactions or to state transfers in cases where the application of the Protocol would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.

Article 5

Criminalization

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conduct, when committed intentionally:

(a) Illicit manufacturing of firearms, their parts and components and ammunition;


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(b) Illicit trafficking in firearms, their parts and components and ammunition;

(c) Falsifying or illicitly obliterating, removing or altering the marking(s) on firearms required by article 8 of this Protocol.

2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences the following conduct:

(a) Subject to the basic concepts of its legal system, attempting to commit or participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and

(b) Organizing, directing, aiding, abetting, facilitating or counselling the commission of an offence established in accordance with paragraph 1 of this article.

Article 6

Confiscation, seizure and disposal

1. Without prejudice to article 12 of the Convention, States Parties shall adopt, to the greatest extent possible within their domestic legal systems, such measures as may be necessary to enable confiscation of firearms, their parts and components and ammunition that have been illicitly manufactured or trafficked.

2. States Parties shall adopt, within their domestic legal systems, such measures as may be necessary to prevent illicitly manufactured and trafficked firearms, parts and components and ammunition from falling into the hands of unauthorized persons by seizing and destroying such firearms, their parts and components and ammunition unless other disposal has been officially authorized, provided that the firearms have been marked and the methods of disposal of those firearms and ammunition have been recorded.

II. Prevention

Article 7

Record-keeping

Each State Party shall ensure the maintenance, for not less than ten years, of information in relation to firearms and, where appropriate and feasible, their parts and components and ammunition that is necessary to trace and identify those firearms and, where appropriate and feasible, their parts and components and ammunition which are illicitly manufactured or trafficked and to prevent and detect such activities. Such information shall include:

(a) The appropriate markings required by article 8 of this Protocol;

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(b) In cases involving international transactions in firearms, their parts and components and ammunition, the issuance and expiration dates of the appropriate licences or authorizations, the country of export, the country of import, the transit countries, where appropriate, and the final recipient and the description and quantity of the articles.

Article 8

Marking of firearms

1. For the purpose of identifying and tracing each firearm, States Parties shall:

(a) At the time of manufacture of each firearm, either require unique marking providing the name of the manufacturer, the country or place of manufacture and the serial number, or maintain any alternative unique userfriendly marking with simple geometric symbols in combination with a numeric and/or alphanumeric code, permitting ready identification by all States of the country of manufacture;

(b) Require appropriate simple marking on each imported firearm, permitting identification of the country of import and, where possible, the year of import and enabling the competent authorities of that country to trace the firearm, and a unique marking, if the firearm does not bear such a marking. The requirements of this subparagraph need not be applied to temporary imports of firearms for verifiable lawful purposes;

(c) Ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the appropriate unique marking permitting identification by all States Parties of the transferring country.

2. States Parties shall encourage the firearms manufacturing industry to develop measures against the removal or alteration of markings.

Article 9

Deactivation of firearms

A State Party that does not recognize a deactivated firearm as a firearm in accordance with its domestic law shall take the necessary measures, including the establishment of specific offences if appropriate, to prevent the illicit reactivation of deactivated firearms, consistent with the following general principles of deactivation:

(a) All essential parts of a deactivated firearm are to be rendered permanently inoperable and incapable of removal, replacement or modification in a manner that would permit the firearm to be reactivated in any way;


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(b) Arrangements are to be made for deactivation measures to be verified, where appropriate, by a competent authority to ensure that the modifications made to a firearm render it permanently inoperable;

(c) Verification by a competent authority is to include a certificate or record attesting to the deactivation of the firearm or a clearly visible mark to that effect stamped on the firearm.

Article 10

General requirements for export, import and transit licensing or authorization systems

1. Each State Party shall establish or maintain an effective system of export and import licensing or authorization, as well as of measures on international transit, for the transfer of firearms, their parts and components and ammunition.

2. Before issuing export licences or authorizations for shipments of firearms, their parts and components and ammunition, each State Party shall verify:

(a) That the importing States have issued import licences or authorizations; and

(b) That, without prejudice to bilateral or multilateral agreements or arrangements favouring landlocked States, the transit States have, at a minimum, given notice in writing, prior to shipment, that they have no objection to the transit.

3. The export and import licence or authorization and accompanying documentation together shall contain information that, at a minimum, shall include the place and the date of issuance, the date of expiration, the country of export, the country of import, the final recipient, a description and the quantity of Protocol against the Illicit Manufacturing and Trafficking in Firearms, their Parts and Components and Ammunition, 2001 the firearms, their parts and components and ammunition and, whenever there is transit, the countries of transit. The information contained in the import licence must be provided in advance to the transit States.

4. The importing State Party shall, upon request, inform the exporting State Party of the receipt of the dispatched shipment of firearms, their parts and components or ammunition.

5. Each State Party shall, within available means, take such measures as maybe necessary to ensure that licensing or authorization procedures are secure and that the authenticity of licensing or authorization documents can be verified or validated.

6. States Parties may adopt simplified procedures for the temporary import and export and the transit of firearms, their parts and components and ammunition for verifiable lawful purposes such as hunting, sport shooting, evaluation, exhibitions or repairs.

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Article 11

Security and preventive measures

In an effort to detect, prevent and eliminate the theft, loss or diversion of, as well as the illicit manufacturing of and trafficking in, firearms, their parts and components and ammunition, each State Party shall take appropriate measures:

(a) To require the security of firearms, their parts and components and ammunition at the time of manufacture, import, export and transit through its territory; and

(b) To increase the effectiveness of import, export and transit controls, including, where appropriate, border controls, and of police and customs transborder cooperation.

Article 12

Information

1. Without prejudice to articles 27 and 28 of the Convention, States Parties shall exchange among themselves, consistent with their respective domestic legal and administrative systems, relevant casespecific information on matters such as authorized producers, dealers, importers, exporters and, whenever possible, carriers of firearms, their parts and components and ammunition.

2. Without prejudice to articles 27 and 28 of the Convention, States Parties shall exchange among themselves, consistent with their respective domestic legal and administrative systems, relevant information on matters such as:

(a) Organized criminal groups known to take part or suspected of taking part in the illicit manufacturing of or trafficking in firearms, their parts and components and ammunition;

(b) The means of concealment used in the illicit manufacturing of or trafficking in firearms, their parts and components and ammunition and ways of detecting them;

(c) Methods and means, points of dispatch and destination and routes customarily used by organized criminal groups engaged in illicit trafficking in firearms, their parts and components and ammunition; and

(d) Legislative experiences and practices and measures to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

3. States Parties shall provide to or share with each other, as appropriate, relevant scientific and technological information useful to law enforcement authorities in order to


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enhance each other’s abilities to prevent, detect and investigate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition and to prosecute the persons involved in those illicit activities.

4. States Parties shall cooperate in the tracing of firearms, their parts and components and ammunition that may have been illicitly manufactured or trafficked. Such cooperation shall include the provision of prompt responses to requests for assistance in tracing such firearms, their parts and components and ammunition, within available means.

5. Subject to the basic concepts of its legal system or any international agreements, each State Party shall guarantee the confidentiality of and comply with any restrictions on the use of information that it receives from another State Party pursuant to this article, including proprietary information pertaining to commercial transactions, if requested to do so by the State Party providing the information. If such confidentiality cannot be maintained, the State Party that provided the information shall be notified prior to its disclosure.

Article 13

Cooperation

1. States Parties shall cooperate at the bilateral, regional and international levels to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.

2. Without prejudice to article 18, paragraph 13, of the Convention, each State Party shall identify a national body or a single point of contact to act as liaison between it and other States Parties on matters relating to this Protocol.

3. States Parties shall seek the support and cooperation of manufacturers, dealers, importers, exporters, brokers and commercial carriers of firearms, their parts and components and ammunition to prevent and detect the illicit activities referred to in paragraph 1 of this article.

Article 14


States Parties shall cooperate with each other and with relevant international organizations, as appropriate, so that States Parties may receive, upon request, the training and technical assistance necessary to enhance their ability to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, including technical, financial and material assistance in those matters identified in articles 29 and 30 of the Convention.

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Article 15

Brokers and brokering

1. With a view to preventing and combating illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, States Parties that have not yet done so shall consider establishing a system for regulating the activities of those who engage in brokering. Such a system could include one or more measures such as:

(a) Requiring registration of brokers operating within their territory;

(b) Requiring licensing or authorization of brokering; or

(c) Requiring disclosure on import and export licences or authorizations, or accompanying documents, of the names and locations of brokers involved in the transaction.

2. States Parties that have established a system of authorization regarding brokering as set forth in paragraph 1 of this article are encouraged to include information on brokers and brokering in their exchanges of information under article 12 of this Protocol and to retain records regarding brokers and brokering in accordance with article 7 of this Protocol.

III. Final provisions

Article 16







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Article 17


1. This Protocol shall be open to all States for signature at United Nations Headquarters in New York from the thirtieth day after its adoption by the General Assembly until 12 December 2002.




Article 18

Entry into force


2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.

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Article 19

Amendment





5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.

Article 20

Denunciation




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Article 21





United Nations Convention against Corruption, 2003

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8. United Nations Convention against Corruption, 2003

Adopted by the United Nations General Assembly on 31 October 2003 In force on 14 December 2005, in accordance with Article 68 Depositary: Secretary General of the United Nations

PREAMBLE


Concerned about the seriousness of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law,

Concerned also about the links between corruption and other forms of crime, in particular organized crime and economic crime, including money laundering,

Concerned further about cases of corruption that involve vast quantities of assets, which may constitute a substantial proportion of the resources of States, and that threaten the political stability and sustainable development of those States,

Convinced that corruption is no longer a local matter but a transnational phenomenon that affects all societies and economies, making international cooperation to prevent and control it essential,

Convinced also that a comprehensive and multidisciplinary approach is required to prevent and combat corruption effectively,

Convinced further that the availability of technical assistance can play an important role in enhancing the ability of States, including by strengthening capacity and by institution-building, to prevent and combat corruption effectively,

Convinced that the illicit acquisition of personal wealth can be particularly damaging to democratic institutions, national economies and the rule of law,

Determined to prevent, detect and deter in a more effective manner international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery,

Acknowledging the fundamental principles of due process of law in criminal proceedings and in civil or administrative proceedings to adjudicate property rights,

Bearing in mind that the prevention and eradication of corruption is a responsibility of all States and that they must cooperate with one another, with the support and involvement of individuals and groups outside the public sector, such as civil society, non-governmental


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organizations and community-based organizations, if their efforts in this area are to be effective,

Bearing also in mind the principles of proper management of public affairs and public property, fairness, responsibility and equality before the law and the need to safeguard integrity and to foster a culture of rejection of corruption,

Commending the work of the Commission on Crime Prevention and Criminal Justice and the United Nations Office on Drugs and Crime in preventing and combating corruption,

Recalling the work carried out by other international and regional organizations in this field, including the activities of the African Union, the Council of Europe, the Customs Cooperation Council (also known as the World Customs Organization), the European Union, the League of Arab States, the Organisation for Economic Cooperation and Development and the Organization of American States,

Taking note with appreciation of multilateral instruments to prevent and combat corruption, including, inter alia, the Inter-American Convention against Corruption, adopted by the Organization of American States on 29 March 1996, the Convention on the Fight against Corruption involving Officials of the United Nations Convention against Corruption, 2003 European Communities or Officials of Member States of the European Union, adopted by the Council of the European Union on 26 May 1997, the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, adopted by the Organisation for Economic Cooperation and Development on 21 November 1997, the Criminal Law Convention on Corruption, adopted by the Committee of Ministers of the Council of Europe on 27 January 1999, the Civil Law Convention on Corruption, adopted by the Committee of Ministers of the Council of Europe on 4 November 1999, and the African Union Convention on Preventing and Combating Corruption, adopted by the Heads of State and Government of the African Union on 12 July 2003,

Welcoming the entry into force on 29 September 2003 of the United Nations Convention against Transnational Organized Crime,


Chapter I. General provisions

Article 1


The purposes of this Convention are:

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(a) To promote and strengthen measures to prevent and combat corruption more efficiently and effectively;

(b) To promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery;

(c) To promote integrity, accountability and proper management of public affairs and public property.

Article 2

Use of terms


(a) “Public official” shall mean:

(i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority;

(ii) any other person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party;

(iii) any other person defined as a “public official” in the domestic law of a State Party. However, for the purpose of some specific measures contained in chapter II of this Convention, “public official” may mean any person who performs a public function or provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party;

(b) “Foreign public official” shall mean any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise;

(c) “Official of a public international organization” shall mean an international civil servant or any person who is authorized by such an organization to act on behalf of that organization;

(d) “Property” shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;


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(e) “Proceeds of crime” shall mean any property derived from or obtained, directly or indirectly, through the commission of an offence;

(f) “Freezing” or “seizure” shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;

(g) “Confiscation”, which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority;

(h) “Predicate offence” shall mean any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in article 23 of this Convention;

(i) “Controlled delivery” shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence.

Article 3


1. This Convention shall apply, in accordance with its terms, to the prevention, investigation and prosecution of corruption and to the freezing, seizure, confiscation and return of the proceeds of offences established in accordance with this Convention.

2. For the purposes of implementing this Convention, it shall not be necessary, except as otherwise stated herein, for the offences set forth in it to result in damage or harm to state property.

Article 4



2. Nothing in this Convention shall entitle a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law.

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Chapter II. Preventive measures

Article 5

Preventive anti-corruption policies and practices

1. Each State Party shall, in accordance with the fundamental principles of its legal system, develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.

2. Each State Party shall endeavour to establish and promote effective practices aimed at the prevention of corruption.

3. Each State Party shall endeavour to periodically evaluate relevant legal instruments and administrative measures with a view to determining their adequacy to prevent and fight corruption.

4. States Parties shall, as appropriate and in accordance with the fundamental principles of their legal system, collaborate with each other and with relevant international and regional organizations in promoting and developing the measures referred to in this article. That collaboration may include participation in international programmes and projects aimed at the prevention of corruption.

Article 6

Preventive anti-corruption body or bodies

1. Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies, as appropriate, that prevent corruption by such means as:

(a) Implementing the policies referred to in article 5 of this Convention and, where appropriate, overseeing and coordinating the implementation of those policies;

(b) Increasing and disseminating knowledge about the prevention of corruption.

2. Each State Party shall grant the body or bodies referred to in paragraph 1 of this article the necessary independence, in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence. The necessary material resources and specialized staff, as well as the training that such staff may require to carry out their functions, should be provided.


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3. Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption.

Article 7

Public sector

1. Each State Party shall, where appropriate and in accordance with the fundamental principles of its legal system, endeavour to adopt, maintain and strengthen systems for the recruitment, hiring, retention, promotion and retirement of civil servants and, where appropriate, other non-elected public officials:

(a) That are based on principles of efficiency, transparency and objective criteria such as merit, equity and aptitude;

(b) That include adequate procedures for the selection and training of individuals for public positions considered especially vulnerable to corruption and the rotation, where appropriate, of such individuals to other positions;

(c) That promote adequate remuneration and equitable pay scales, taking into account the level of economic development of the State Party;

(d) That promote education and training programmes to enable them to meet the requirements for the correct, honourable and proper performance of public functions and that provide them with specialized and appropriate training to enhance their awareness of the risks of corruption inherent in the performance of their functions. Such programmes may make reference to codes or standards of conduct in applicable areas.

2. Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, to prescribe criteria concerning candidature for and election to public office.

3. Each State Party shall also consider taking appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, to enhance transparency in the funding of candidatures for elected public office and, where applicable, the funding of political parties.

4. Each State Party shall, in accordance with the fundamental principles of its domestic law, endeavour to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interest.

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Article 8

Codes of conduct for public officials

1. In order to fight corruption, each State Party shall promote, inter alia, integrity, honesty and responsibility among its public officials, in accordance with the fundamental principles of its legal system.

2. In particular, each State Party shall endeavour to apply, within its own institutional and legal systems, codes or standards of conduct for the correct, honourable and proper performance of public functions.

3. For the purposes of implementing the provisions of this article, each State Party shall, where appropriate and in accordance with the fundamental principles of its legal system, take note of the relevant initiatives of regional, interregional and multilateral organizations, such as the International Code of Conduct for Public Officials contained in the annex to General Assembly resolution 51/59 of 12 December 1996.

4. Each State Party shall also consider, in accordance with the fundamental principles of its domestic law, establishing measures and systems to facilitate the reporting by public officials of acts of corruption to appropriate authorities, when such acts come to their notice in the performance of their functions.

5. Each State Party shall endeavour, where appropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter alia, their outside activities, employment, investments, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials.

6. Each State Party shall consider taking, in accordance with the fundamental principles of its domestic law, disciplinary or other measures against public officials who violate the codes or standards established in accordance with this article.

Article 9

Public procurement and management of public finances

1. Each State Party shall, in accordance with the fundamental principles of its legal system, take the necessary steps to establish appropriate systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems, which may take into account appropriate threshold values in their application, shall address, inter alia:

(a) The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent


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information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders;

(b) The establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication;

(c) The use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures;

(d) An effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed;

(e) Where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements.

2. Each State Party shall, in accordance with the fundamental principles of its legal system, take appropriate measures to promote transparency and accountability in the management of public finances. Such measures shall encompass, inter alia:

(a) Procedures for the adoption of the national budget;

(b) Timely reporting on revenue and expenditure;

(c) A system of accounting and auditing standards and related oversight;

(d) Effective and efficient systems of risk management and internal control; and

(e) Where appropriate, corrective action in the case of failure to comply with the requirements established in this paragraph.

3. Each State Party shall take such civil and administrative measures as may be necessary, in accordance with the fundamental principles of its domestic law, to preserve the integrity of accounting books, records, financial statements or other documents related to public expenditure and revenue and to prevent the falsification of such documents.

Article 10

Public reporting

Taking into account the need to combat corruption, each State Party shall, in accordance with the fundamental principles of its domestic law, take such measures as may be necessary to enhance transparency in its public administration, including with regard to

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its organization, functioning and decision-making processes, where appropriate. Such measures may include, inter alia:

(a) Adopting procedures or regulations allowing members of the general public to obtain, where appropriate, information on the organization, functioning and decision-making processes of its public administration and, with due regard for the protection of privacy and personal data, on decisions and legal acts that concern members of the public;

(b) Simplifying administrative procedures, where appropriate, in order to facilitate public access to the competent decision-making authorities; and

(c) Publishing information, which may include periodic reports on the risks of corruption in its public administration.

Article 11

Measures relating to the judiciary and prosecution services

1. Bearing in mind the independence of the judiciary and its crucial role in combating corruption, each State Party shall, in accordance with the fundamental principles of its legal system and without prejudice to judicial independence, take measures to strengthen integrity and to prevent opportunities for corruption among members of the judiciary. Such measures may include rules with respect to the conduct of members of the judiciary.

2. Measures to the same effect as those taken pursuant to paragraph 1 of this article may be introduced and applied within the prosecution service in those States Parties where it does not form part of the judiciary but enjoys independence similar to that of the judicial service.

Article 12

Private sector

1. Each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to prevent corruption involving the private sector, enhance accounting and auditing standards in the private sector and, where appropriate, provide effective, proportionate and dissuasive civil, administrative or criminal penalties for failure to comply with such measures.

2. Measures to achieve these ends may include, inter alia:

(a) Promoting cooperation between law enforcement agencies and relevant private entities;


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(b) Promoting the development of standards and procedures designed to safeguard the integrity of relevant private entities, including codes of conduct for the correct, honourable and proper performance of the activities of business and all relevant professions and the prevention of conflicts of interest, and for the promotion of the use of good commercial practices among businesses and in the contractual relations of businesses with the State;

(c) Promoting transparency among private entities, including, where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities;

(d) Preventing the misuse of procedures regulating private entities, including procedures regarding subsidies and licences granted by public authorities for commercial activities;

(e) Preventing conflicts of interest by imposing restrictions, as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure;

(f) Ensuring that private enterprises, taking into account their structure and size, have sufficient internal auditing controls to assist in preventing and detecting acts of corruption and that the accounts and required financial statements of such private enterprises are subject to appropriate auditing and certification procedures.

3. In order to prevent corruption, each State Party shall take such measures as may be necessary, in accordance with its domestic laws and regulations regarding the maintenance of books and records, financial statement disclosures and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing any of the offences established in accordance with this Convention:

(a) The establishment of off-the-books accounts;

(b) The making of off-the-books or inadequately identified transactions;

(c) The recording of non-existent expenditure;

(d) The entry of liabilities with incorrect identification of their objects;

(e) The use of false documents; and

(f) The intentional destruction of bookkeeping documents earlier than foreseen by the law.

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4. Each State Party shall disallow the tax deductibility of expenses that constitute bribes, the latter being one of the constituent elements of the offences established in accordance with articles 15 and 16 of this Convention and, where appropriate, other expenses incurred in furtherance of corrupt conduct.

Article 13

Participation of society

1. Each State Party shall take appropriate measures, within its means and in accordance with fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. This participation should be strengthened by such measures as:

(a) Enhancing the transparency of and promoting the contribution of the public to decision-making processes;

(b) Ensuring that the public has effective access to information;

(c) Undertaking public information activities that contribute to nontolerance of corruption, as well as public education programmes, including school and university curricula;

(d) Respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. That freedom may be subject to certain restrictions, but these shall only be such as are provided for by law and are necessary:

(i) For respect of the rights or reputations of others;

(ii) For the protection of national security or ordre public or of public health or morals.

2. Each State Party shall take appropriate measures to ensure that the relevant anti-corruption bodies referred to in this Convention are known to the public and shall provide access to such bodies, where appropriate, for the reporting, including anonymously, of any incidents that may be considered to constitute an offence established in accordance with this Convention.


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Article 14

Measures to prevent money-laundering

1. Each State Party shall:

(a) Institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions, including natural or legal persons that provide formal or informal services for the transmission of money or value and, where appropriate, other bodies particularly susceptible to money laundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer and, where appropriate, beneficial owner identification, record-keeping and the reporting of suspicious transactions;

(b) Without prejudice to article 46 of this Convention, ensure that administrative, regulatory, law enforcement and other authorities dedicated to combating money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential moneylaundering.

2. States Parties shall consider implementing feasible measures to detect and monitor the movement of cash and appropriate negotiable instruments across their borders, subject to safeguards to ensure proper use of information and without impeding in any way the movement of legitimate capital. Such measures may include a requirement that individuals and businesses report the cross-border transfer of substantial quantities of cash and appropriate negotiable instruments.

3. States Parties shall consider implementing appropriate and feasible measures to require financial institutions, including money remitters:

(a) To include on forms for the electronic transfer of funds and related messages accurate and meaningful information on the originator;

(b) To maintain such information throughout the payment chain; and

(c) To apply enhanced scrutiny to transfers of funds that do not contain complete information on the originator.

4. In establishing a domestic regulatory and supervisory regime under the terms of this article, and without prejudice to any other article of this Convention, States Parties are called upon to use as a guideline the relevant initiatives of regional, interregional and multilateral organizations against money-laundering.

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5. States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering.

Chapter III. Criminalization and law enforcement

Article 15

Bribery of national public officials


(a) The promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties;

(b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

Article 16

Bribery of foreign public officials and officials of public international organizations

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the conduct of international business.

2. Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, the solicitation or acceptance by a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.


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Article 17

Embezzlement, misappropriation or other diversion of property by a public official

Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally, the embezzlement, misappropriation or other diversion by a public official for his or her benefit or for the benefit of another person or entity, of any property, public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position.

Article 18

Trading in influence

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a) The promise, offering or giving to a public official or any other person, directly or indirectly, of an undue advantage in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining from an administration or public authority of the State Party an undue advantage for the original instigator of the act or for any other person;

(b) The solicitation or acceptance by a public official or any other person, directly or indirectly, of an undue advantage for himself or herself or for another person in order that the public official or the person abuse his or her real or supposed influence with a view to obtaining from an administration or public authority of the State Party an undue advantage.

Article 19

Abuse of functions

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, the abuse of functions or position, that is, the performance of or failure to perform an act, in violation of laws, by a public official in the discharge of his or her functions, for the purpose of obtaining an undue advantage for himself or herself or for another person or entity.

Article 20

Illicit enrichment

Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, illicit enrichment, that is, a

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significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.

Article 21

Bribery in the private sector

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally in the course of economic, financial or commercial activities:

(a) The promise, offering or giving, directly or indirectly, of an undue advantage to any person who directs or works, in any capacity, for a private sector entity, for the person himself or herself or for another person, in order that he or she, in breach of his or her duties, act or refrain from acting;

(b) The solicitation or acceptance, directly or indirectly, of an undue advantage by any person who directs or works, in any capacity, for a private sector entity, for the person himself or herself or for another person, in order that he or she, in breach of his or her duties, act or refrain from acting.

Article 22

Embezzlement of property in the private sector

Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally in the course of economic, financial or commercial activities, embezzlement by a person who directs or works, in any capacity, in a private sector entity of any property, private funds or securities or any other thing of value entrusted to him or her by virtue of his or her position.

Article 23

Laundering of proceeds of crime

1. Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:

(a) (i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his or her action;


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(ii) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceeds of crime;

(b) Subject to the basic concepts of its legal system:

(i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime;

(ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counseling the commission of any of the offences established in accordance with this article.

2. For purposes of implementing or applying paragraph 1 of this article:

(a) Each State Party shall seek to apply paragraph 1 of this article to the widest range of predicate offences;

(b) Each State Party shall include as predicate offences at a minimum a comprehensive range of criminal offences established in accordance with this Convention;

(c) For the purposes of subparagraph (b) above, predicate offences shall include offences committed both within and outside the jurisdiction of the State Party in question. However, offences committed outside the jurisdiction of a State Party shall constitute predicate offences only when the relevant conduct is a criminal offence under the domestic law of the State where it is committed and would be a criminal offence under the domestic law of the State Party implementing or applying this article had it been committed there;

(d) Each State Party shall furnish copies of its laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the Secretary-General of the United Nations;

(e) If required by fundamental principles of the domestic law of a State Party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed the predicate offence.

Article 24

Concealment

Without prejudice to the provisions of article 23 of this Convention, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally after the commission of any of the offences established in accordance with this Convention without having participated in such

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offences, the concealment or continued retention of property when the person involved knows that such property is the result of any of the offences established in accordance with this Convention.

Article 25

Obstruction of justice


(a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding in relation to the commission of offences established in accordance with this Convention;

(b) The use of physical force, threats or intimidation to interfere with the exercise of official duties by a justice or law enforcement official in relation to the commission of offences established in accordance with this Convention. Nothing in this subparagraph shall prejudice the right of States Parties to have legislation that protects other categories of public official.

Article 26

Liability of legal persons

1. Each State Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in the offences established in accordance with this Convention.

2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.

3. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences.

4. Each State Party shall, in particular, ensure that legal persons held liable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.


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Article 27

Participation and attempt

1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, participation in any capacity such as an accomplice, assistant or instigator in an offence established in accordance with this Convention.

2. Each State Party may adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, any attempt to commit an offence established in accordance with this Convention.

3. Each State Party may adopt such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, the preparation for an offence established in accordance with this Convention.

Article 28

Knowledge, intent and purpose as elements of an offence

Knowledge, intent or purpose required as an element of an offence established in accordance with this Convention may be inferred from objective factual circumstances.

Article 29

Statute of limitations

Each State Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence established in accordance with this Convention and establish a longer statute of limitations period or provide for the suspension of the statute of limitations where the alleged offender has evaded the administration of justice.

Article 30

Prosecution, adjudication and sanctions

1. Each State Party shall make the commission of an offence established in accordance with this Convention liable to sanctions that take into account the gravity of that offence.

2. Each State Party shall take such measures as may be necessary to establish or maintain, in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges accorded to its public officials for the performance of their functions and the possibility, when necessary, of effectively

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investigating, prosecuting and adjudicating offences established in accordance with this Convention.

3. Each State Party shall endeavour to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences established in accordance with this Convention are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.

4. In the case of offences established in accordance with this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to seek to ensure that conditions imposed in connection with decisions on release pending trial or appeal take into consideration the need to ensure the presence of the defendant at subsequent criminal proceedings.

5. Each State Party shall take into account the gravity of the offences concerned when considering the eventuality of early release or parole of persons convicted of such offences.

6. Each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures through which a public official accused of an offence established in accordance with this Convention may, where appropriate, be removed, suspended or reassigned by the appropriate authority, bearing in mind respect for the principle of the presumption of innocence.

7. Where warranted by the gravity of the offence, each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures for the disqualification, by court order or any other appropriate means, for a period of time determined by its domestic law, of persons convicted of offences established in accordance with this Convention from:

(a) Holding public office; and

(b) Holding office in an enterprise owned in whole or in part by the State.

8. Paragraph 1 of this article shall be without prejudice to the exercise of disciplinary powers by the competent authorities against civil servants.

9. Nothing contained in this Convention shall affect the principle that the description of the offences established in accordance with this Convention and of the applicable legal defences or other legal principles controlling the lawfulness of conduct is reserved to the domestic law of a State Party and that such offences shall be prosecuted and punished in accordance with that law.

10. States Parties shall endeavour to promote the reintegration into society of persons convicted of offences established in accordance with this Convention.


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Article 31

Freezing, seizure and confiscation

1. Each State Party shall take, to the greatest extent possible within its domestic legal system, such measures as may be necessary to enable confiscation of:

(a) Proceeds of crime derived from offences established in accordance with this Convention or property the value of which corresponds to that of such proceeds;

(b) Property, equipment or other instrumentalities used in or destined for use in offences established in accordance with this Convention.

2. Each State Party shall take such measures as may be necessary to enable the identification, tracing, freezing or seizure of any item referred to in paragraph 1 of this article for the purpose of eventual confiscation.

3. Each State Party shall adopt, in accordance with its domestic law, such legislative and other measures as may be necessary to regulate the administration by the competent authorities of frozen, seized or confiscated property covered in paragraphs 1 and 2 of this article.

4. If such proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.

5. If such proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.

6. Income or other benefits derived from such proceeds of crime, from property into which such proceeds of crime have been transformed or converted or from property with which such proceeds of crime have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds of crime.

7. For the purpose of this article and article 55 of this Convention, each State Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or seized. A State Party shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.

8. States Parties may consider the possibility of requiring that an offender demonstrate the lawful origin of such alleged proceeds of crime or other property liable to confiscation, to the extent that such a requirement is consistent with the fundamental principles of their domestic law and with the nature of judicial and other proceedings.

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9. The provisions of this article shall not be so construed as to prejudice the rights of bona fide third parties.

10. Nothing contained in this article shall affect the principle that the measures to which it refers shall be defined and implemented in accordance with and subject to the provisions of the domestic law of a StateParty.

Article 32

Protection of witnesses, experts and victims

1. Each State Party shall take appropriate measures in accordance with its domestic legal system and within its means to provide effective protection from potential retaliation or intimidation for witnesses and experts who give testimony concerning offences established in accordance with this Convention and, as appropriate, for their relatives and other persons close to them.

2. The measures envisaged in paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process:

(a) Establishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons;

(b) Providing evidentiary rules to permit witnesses and experts to give testimony in a manner that ensures the safety of such persons, such as permitting testimony to be given through the use of communications technology such as video or other adequate means.

3. States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article.

4. The provisions of this article shall also apply to victims insofar as they are witnesses.

5. Each State Party shall, subject to its domestic law, enable the views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defence.

Article 33

Protection of reporting persons

Each State Party shall consider incorporating into its domestic legal system appropriate measures to provide protection against any unjustified treatment for any person who reports


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in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with this Convention.

Article 34

Consequences of acts of corruption

With due regard to the rights of third parties acquired in good faith, each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to address consequences of corruption. In this context, States Parties may consider corruption a relevant factor in legal proceedings to annul or rescind a contract, withdraw a concession or other similar instrument or take any other remedial action.

Article 35

Compensation for damage

Each State Party shall take such measures as may be necessary, in accordance with principles of its domestic law, to ensure that entities or persons who have suffered damage as a result of an act of corruption have the right to initiate legal proceedings against those responsible for that damage in order to obtain compensation.

Article 36

Specialized authorities

Each State Party shall, in accordance with the fundamental principles of its legal system, ensure the existence of a body or bodies or persons specialized in combating corruption through law enforcement. Such body or bodies or persons shall be granted the necessary independence, in accordance with the fundamental principles of the legal system of the State Party, to be able to carry out their functions effectively and without any undue influence. Such persons or staff of such body or bodies should have the appropriate training and resources to carry out their tasks.

Article 37

Cooperation with law enforcement authorities

1. Each State Party shall take appropriate measures to encourage persons who participate or who have participated in the commission of an offence established in accordance with this Convention to supply information useful to competent authorities for investigative and evidentiary purposes and to provide factual, specific help to competent authorities that may contribute to depriving offenders of the proceeds of crime and to recovering such proceeds.

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2. Each State Party shall consider providing for the possibility, in appropriate cases, of mitigating punishment of an accused person who provides substantial cooperation in the investigation or prosecution of an offence established in accordance with this Convention.

3. Each State Party shall consider providing for the possibility, in accordance with fundamental principles of its domestic law, of granting immunity from prosecution to a person who provides substantial cooperation in the investigation or prosecution of an offence established in accordance with this Convention.

4. Protection of such persons shall be, mutatis mutandis, as provided for in article 32 of this Convention.

5. Where a person referred to in paragraph 1 of this article located in one State Party can provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider entering into agreements or arrangements, in accordance with their domestic law, concerning the potential provision by the other State Party of the treatment set forth in paragraphs 2 and 3 of this article.

Article 38

Cooperation between national authorities

Each State Party shall take such measures as may be necessary to encourage, in accordance with its domestic law, cooperation between, on the one hand, its public authorities, as well as its public officials, and, on the other hand, its authorities responsible for investigating and prosecuting criminal offences. Such cooperation may include:

(a) Informing the latter authorities, on their own initiative, where there are reasonable grounds to believe that any of the offences established in accordance with articles 15, 21 and 23 of this Convention has been committed; or

(b) Providing, upon request, to the latter authorities all necessary information.

Article 39

Cooperation between national authorities and the private sector

1. Each State Party shall take such measures as may be necessary to encourage, in accordance with its domestic law, cooperation between national investigating and prosecuting authorities and entities of the private sector, in particular financial institutions, relating to matters involving the commission of offences established in accordance with this Convention.


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2. Each State Party shall consider encouraging its nationals and other persons with a habitual residence in its territory to report to the national investigating and prosecuting authorities the commission of an offence established in accordance with this Convention.

Article 40

Bank secrecy

Each State Party shall ensure that, in the case of domestic criminal investigations of offences established in accordance with this Convention, there are appropriate mechanisms available within its domestic legal system to overcome obstacles that may arise out of the application of bank secrecy laws.

Article 41

Criminal record

Each State Party may adopt such legislative or other measures as may be necessary to take into consideration, under such terms as and for the purpose that it deems appropriate, any previous conviction in another State of an alleged offender for the purpose of using such information in criminal proceedings relating to an offence established in accordance with this Convention.

Article 42

Jurisdiction

1. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when:

(a) The offence is committed in the territory of that State Party; or

(b) The offence is committed on board a vessel that is flying the flag of that State Party or an aircraft that is registered under the laws of that State Party at the time that the offence is committed.

2. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offence when:

(a) The offence is committed against a national of that State Party; or

(b) The offence is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or

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(c) The offence is one of those established in accordance with article 23, paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offence established in accordance with article 23, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory; or

(d) The offence is committed against the State Party.

3. For the purposes of article 44 of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.

4. Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite him or her.

5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that any other States Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those States Parties shall, as appropriate, consult one another with a view to coordinating their actions.

6. Without prejudice to norms of general international law, this Convention shall not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Chapter IV. International cooperation

Article 43

International cooperation

1. States Parties shall cooperate in criminal matters in accordance with articles 44 to 50 of this Convention. Where appropriate and consistent with their domestic legal system, States Parties shall consider assisting each other in investigations of and proceedings in civil and administrative matters relating to corruption.

2. In matters of international cooperation, whenever dual criminality is considered a requirement, it shall be deemed fulfilled irrespective of whether the laws of the requested State Party place the offence within the same category of offence or denominate the offence by the same terminology as the requesting State Party, if the conduct underlying the offence for which assistance is sought is a criminal offence under the laws of both States Parties.


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Article 44

Extradition

1. This article shall apply to the offences established in accordance with this Convention where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.

2. Notwithstanding the provisions of paragraph 1 of this article, a State Party whose law so permits may grant the extradition of a person for any of the offences covered by this Convention that are not punishable under its own domestic law.

3. If the request for extradition includes several separate offences, at least one of which is extraditable under this article and some of which are not extraditable by reason of their period of imprisonment but are related to offences established in accordance with this Convention, the requested State Party may apply this article also in respect of those offences.

4. Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them. A State Party whose law so permits, in case it uses this Convention as the basis for extradition, shall not consider any of the offences established in accordance with this Convention to be a political offence.

5. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies.

6. A State Party that makes extradition conditional on the existence of a treaty shall:

(a) At the time of deposit of its instrument of ratification, acceptance or approval of or accession to this Convention, inform the Secretary-General of the United Nations whether it will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention; and

(b) If it does not take this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude treaties on extradition with other States Parties to this Convention in order to implement this article.

7. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves.

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8. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.

9. States Parties shall, subject to their domestic law, endeavour to expedite extradition procedures and to simplify evidentiary requirements relating thereto in respect of any offence to which this article applies.

10. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

11. A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.

12. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought and that State Party and the State Party seeking the extradition of the person agree with this option and other terms that they may deem appropriate, such conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 11 of this article.

13. If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested State Party, the requested State Party shall, if its domestic law so permits and in conformity with the requirements of such law, upon application of the requesting State Party, consider the enforcement of the sentence imposed under the domestic law of the requesting State Party or the remainder thereof.

14. Any person regarding whom proceedings are being carried out in connection with any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the State Party in the territory of which that person is present.


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15. Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, religion, nationality, ethnic origin or political opinions or that compliance with the request would cause prejudice to that person’s position for any one of these reasons.

16. States Parties may not refuse a request for extradition on the sole ground that the offence is also considered to involve fiscal matters.

17. Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.

18. States Parties shall seek to conclude bilateral and multilateral agreements or arrangements to carry out or to enhance the effectiveness of extradition.

Article 45

Transfer of sentenced persons

States Parties may consider entering into bilateral or multilateral agreements or arrangements on the transfer to their territory of persons sentenced to imprisonment or other forms of deprivation of liberty for offences established in accordance with this Convention in order that they may complete their sentences there.

Article 46


1. States Parties shall afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered by this Convention.

2. Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 26 of this Convention in the requesting State Party.




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(i) Any other type of assistance that is not contrary to the domestic law of the requested State Party;

(j) Identifying, freezing and tracing proceeds of crime in accordance with the provisions of chapter V of this Convention;

(k) The recovery of assets, in accordance with the provisions of chapter V of this Convention.


5. The transmission of information pursuant to paragraph 4 of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or with restrictions on its use. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay.

6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal assistance.


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7. Paragraphs 9 to 29 of this article shall apply to requests made pursuant to this article if the States Parties in question are not bound by a treaty of mutual legal assistance. If those States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply paragraphs 9 to 29 of this article in lieu thereof. States Parties are strongly encouraged to apply those paragraphs if they facilitate cooperation.

8. States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy.

9. (a) A requested State Party, in responding to a request for assistance pursuant to this article in the absence of dual criminality, shall take into account the purposes of this Convention, as set forth in article 1;

(b) States Parties may decline to render assistance pursuant to this article on the ground of absence of dual criminality. However, a requested State Party shall, where consistent with the basic concepts of its legal system, render assistance that does not involve coercive action. Such assistance may be refused when requests involve matters of a de minimis nature or matters for which the cooperation or assistance sought is available under other provisions of this Convention;

(c) Each State Party may consider adopting such measures as may be necessary to enable it to provide a wider scope of assistance pursuant to this article in the absence of dual criminality.

10. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to offences covered by this Convention may be transferred if the following conditions are met:


(b) The competent authorities of both States Parties agree, subject to such conditions as those States Parties may deem appropriate.



(b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person

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was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;


(d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State Party to which he or she was transferred.

12. Unless the State Party from which a person is to be transferred in accordance with paragraphs 10 and 11 of this article so agrees, that person, whatever his or her nationality, shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts, omissions or convictions prior to his or her departure from the territory of the State from which he or she was transferred.

13. Each State Party shall designate a central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. Where a State Party has a special region or territory with a separate system of mutual legal assistance, it may designate a distinct central authority that shall have the same function for that region or territory. Central authorities shall ensure the speedy and proper execution or transmission of the requests received. Where the central authority transmits the request to a competent authority for execution, it shall encourage the speedy and proper execution of the request by the competent authority. The Secretary-General of the United Nations shall be notified of the central authority designated for this purpose at the time each State Party deposits its instrument of ratification, acceptance or approval of or accession to this Convention. Requests for mutual legal assistance and any communication related thereto shall be transmitted to the central authorities designated by the States Parties. This requirement shall be without prejudice to the right of a State Party to require that such requests and communications be addressed to it through diplomatic channels and, in urgent circumstances, where the States Parties agree, through the International Criminal Police Organization, if possible.

14. Requests shall be made in writing or, where possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, under conditions allowing that State Party to establish authenticity. The Secretary-General of the United Nations shall be notified of the language or languages acceptable to each State Party at the time it deposits its instrument of ratification, acceptance or approval of or accession to this Convention. In urgent circumstances and where agreed by the States Parties, requests may be made orally but shall be confirmed in writing forthwith.


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(b) The subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding;

(c) A summary of the relevant facts, except in relation to requests for the purpose of service of judicial documents;

(d) A description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed;

(e) Where possible, the identity, location and nationality of any person concerned; and


16. The requested State Party may request additional information when it appears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.

17. A request shall be executed in accordance with the domestic law of the requested State Party and, to the extent not contrary to the domestic law of the requested State Party and where possible, in accordance with the procedures specified in the request.

18. Wherever possible and consistent with fundamental principles of domestic law, when an individual is in the territory of a State Party and has to be heard as a witness or expert by the judicial authorities of another State Party, the first State Party may, at the request of the other, permit the hearing to take place by video conference if it is not possible or desirable for the individual in question to appear in person in the territory of the requesting State Party. States Parties may agree that the hearing shall be conducted by a judicial authority of the requesting State Party and attended by a judicial authority of the requested State Party.

19. The requesting State Party shall not transmit or use information or evidence furnished by the requested State Party for investigations, prosecutions or judicial proceedings other than those stated in the request without the prior consent of the requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory to an accused person. In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if so requested, consult with the requested State Party. If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay.

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20. The requesting State Party may require that the requested State Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested State Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting State Party.



(b) If the requested State Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests;

(c) If the authorities of the requested State Party would be prohibited by its domestic law from carrying out the action requested with regard to any similar offence, had it been subject to investigation, prosecution or judicial proceedings under their own jurisdiction;

(d) If it would be contrary to the legal system of the requested State Party relating to mutual legal assistance for the request to be granted.

22. States Parties may not refuse a request for mutual legal assistance on the sole ground that the offence is also considered to involve fiscal matters.


24. The requested State Party shall execute the request for mutual legal assistance as soon as possible and shall take as full account as possible of any deadlines suggested by the requesting State Party and for which reasons are given, preferably in the request. The requesting State Party may make reasonable requests for information on the status and progress of measures taken by the requested State Party to satisfy its request. The requested State Party shall respond to reasonable requests by the requesting State Party on the status, and progress in its handling, of the request. The requesting State Party shall promptly inform the requested State Party when the assistance sought is no longer required.

25. Mutual legal assistance may be postponed by the requested State Party on the ground that it interferes with an ongoing investigation, prosecution or judicial proceeding.

26. Before refusing a request pursuant to paragraph 21 of this article or postponing its execution pursuant to paragraph 25 of this article, the requested State Party shall consult with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary. If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions.

27. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory


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of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from the territory of the requested State Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days or for any period agreed upon by the States Parties from the date on which he or she has been officially informed that his or her presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the requesting State Party or, having left it, has returned of his or her own free will.

28. The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the States Parties shall consult to determine the terms and conditions under which the request will be executed, as well as the manner in which the costs shall be borne.

29. The requested State Party:

(a) Shall provide to the requesting State Party copies of government records, documents or information in its possession that under its domestic law are available to the general public;

(b) May, at its discretion, provide to the requesting State Party in whole, in part or subject to such conditions as it deems appropriate, copies of any government records, documents or information in its possession that under its domestic law are not available to the general public.

30. States Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to or enhance the provisions of this article.

Article 47

Transfer of criminal proceedings

States Parties shall consider the possibility of transferring to one another proceedings for the prosecution of an offence established in accordance with this Convention in cases where such transfer is considered to be in the interests of the proper administration of justice, in particular in cases where several jurisdictions are involved, with a view to concentrating the prosecution.

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Article 48

Law enforcement cooperation

1. States Parties shall cooperate closely with one another, consistent with their respective domestic legal and administrative systems, to enhance the effectiveness of law enforcement action to combat the offences covered by this Convention. States Parties shall, in particular, take effective measures:

(a) To enhance and, where necessary, to establish channels of communication between their competent authorities, agencies and services in order to facilitate the secure and rapid exchange of information concerning all aspects of the offences covered by this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities;

(b) To cooperate with other States Parties in conducting inquiries with respect to offences covered by this Convention concerning:

(i) The identity, whereabouts and activities of persons suspected of involvement in such offences or the location of other persons concerned;

(ii) The movement of proceeds of crime or property derived from the commission of such offences;

(iii) The movement of property, equipment or other instrumentalities used or intended for use in the commission of such offences;

(c) To provide, where appropriate, necessary items or quantities of substances for analytical or investigative purposes;

(d) To exchange, where appropriate, information with other States Parties concerning specific means and methods used to commit offences covered by this Convention, including the use of false identities, forged, altered or false documents and other means of concealing activities;

(e) To facilitate effective coordination between their competent authorities, agencies and services and to promote the exchange of personnel and other experts, including, subject to bilateral agreements or arrangements between the States Parties concerned, the posting of liaison officers;

(f) To exchange information and coordinate administrative and other measures taken as appropriate for the purpose of early identification of the offences covered by this Convention.


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2. With a view to giving effect to this Convention, States Parties shall consider entering into bilateral or multilateral agreements or arrangements on direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, amending them. In the absence of such agreements or arrangements between the States Parties concerned, the States Parties may consider this Convention to be the basis for mutual law enforcement cooperation in respect of the offences covered by this Convention. Whenever appropriate, States Parties shall make full use of agreements or arrangements, including international or regional organizations, to enhance the cooperation between their law enforcement agencies.

3. States Parties shall endeavour to cooperate within their means to respond to offences covered by this Convention committed through the use of modern technology.

Article 49

Joint investigations

States Parties shall consider concluding bilateral or multilateral agreements or arrangements whereby, in relation to matters that are the subject of investigations, prosecutions or judicial proceedings in one or more States, the competent authorities concerned may establish joint investigative bodies. In the absence of such agreements or arrangements, joint investigations may be undertaken by agreement on a case-by-case basis. The States Parties involved shall ensure that the sovereignty of the State Party in whose territory such investigation is to take place is fully respected.

Article 50

Special investigative techniques

1. In order to combat corruption effectively, each State Party shall, to the extent permitted by the basic principles of its domestic legal system and in accordance with the conditions prescribed by its domestic law, take such measures as may be necessary, within its means, to allow for the appropriate use by its competent authorities of controlled delivery and, where it deems appropriate, their special investigative techniques, such as electronic or other forms of surveillance and undercover operations, within its territory, and to allow for the admissibility in court of evidence derived therefrom.

2. For the purpose of investigating the offences covered by this Convention, States Parties are encouraged to conclude, when necessary, appropriate bilateral or multilateral agreements or arrangements for using such special investigative techniques in the context of cooperation at the international level. Such agreements or arrangements shall be concluded and implemented in full compliance with the principle of sovereign equality of States and shall be carried out strictly in accordance with the terms of those agreements or arrangements.

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3. In the absence of an agreement or arrangement as set forth in paragraph 2 of this article, decisions to use such special investigative techniques at the international level shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the States Parties concerned.

4. Decisions to use controlled delivery at the international level may, with the consent of the States Parties concerned, include methods such as intercepting and allowing the goods or funds to continue intact or be removed or replaced in whole or in part.

Chapter V. Asset recovery

Article 51

General provision

The return of assets pursuant to this chapter is a fundamental principle of this Convention, and States Parties shall afford one another the widest measure of cooperation and assistance in this regard.

Article 52

Prevention and detection of transfers of proceeds of crime

1. Without prejudice to article 14 of this Convention, each State Party shall take such measures as may be necessary, in accordance with its domestic law, to require financial institutions within its jurisdiction to verify the identity of customers, to take reasonable steps to determine the identity of beneficial owners of funds deposited into high-value accounts and to conduct enhanced scrutiny of accounts sought or maintained by or on behalf of individuals who are, or have been, entrusted with prominent public functions and their family members and close associates. Such enhanced scrutiny shall be reasonably designed to detect suspicious transactions for the purpose of reporting to competent authorities and should not be so construed as to discourage or prohibit financial institutions from doing business with any legitimate customer.

2. In order to facilitate implementation of the measures provided for in paragraph 1 of this article, each State Party, in accordance with its domestic law and inspired by relevant initiatives of regional, interregional and multilateral organizations against money-laundering, shall:

(a) Issue advisories regarding the types of natural or legal person to whose accounts financial institutions within its jurisdiction will be expected to apply enhanced scrutiny, the types of accounts and transactions to which to pay particular attention and appropriate account-opening, maintenance and recordkeeping measures to take concerning such accounts; and


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(b) Where appropriate, notify financial institutions within its jurisdiction, at the request of another State Party or on its own initiative, of the identity of particular natural or legal persons to whose accounts such institutions will be expected to apply enhanced scrutiny, in addition to those whom the financial institutions may otherwise identify.

3. In the context of paragraph 2 (a) of this article, each State Party shall implement measures to ensure that its financial institutions maintain adequate records, over an appropriate period of time, of accounts and transactions involving the persons mentioned in paragraph 1 of this article, which should, as a minimum, contain information relating to the identity of the customer as well as, as far as possible, of the beneficial owner.

4. With the aim of preventing and detecting transfers of proceeds of offences established in accordance with this Convention, each State Party shall implement appropriate and effective measures to prevent, with the help of its regulatory and oversight bodies, the establishment of banks that have no physical presence and that are not affiliated with a regulated financial group. Moreover, States Parties may consider requiring their financial institutions to refuse to enter into or continue a correspondent banking relationship with such institutions and to guard against establishing relations with foreign financial institutions that permit their accounts to be used by banks that have no physical presence and that are not affiliated with a regulated financial group.

5. Each State Party shall consider establishing, in accordance with its domestic law, effective financial disclosure systems for appropriate public officials and shall provide for appropriate sanctions for non-compliance. Each State Party shall also consider taking such measures as may be necessary to permit its competent authorities to share that information with the competent authorities in other States Parties when necessary to investigate, claim and recover proceeds of offences established in accordance with this Convention.

6. Each State Party shall consider taking such measures as may be necessary, in accordance with its domestic law, to require appropriate public officials having an interest in or signature or other authority over a financial account in a foreign country to report that relationship to appropriate authorities and to maintain appropriate records related to such accounts. Such measures shall also provide for appropriate sanctions for non-compliance.

Article 53

Measures for direct recovery of property

Each State Party shall, in accordance with its domestic law:

(a) Take such measures as may be necessary to permit another State Party to initiate civil action in its courts to establish title to or ownership of property acquired through the commission of an offence established in accordance with this Convention;

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(b) Take such measures as may be necessary to permit its courts to order those who have committed offences established in accordance with this Convention to pay compensation or damages to another State Party that has been harmed by such offences; and

(c) Take such measures as may be necessary to permit its courts or competent authorities, when having to decide on confiscation, to recognize another State Party’s claim as a legitimate owner of property acquired through the commission of an offence established in accordance with this Convention.

Article 54

Mechanisms for recovery of property through international cooperation in confiscation

1. Each State Party, in order to provide mutual legal assistance pursuant to article 55 of this Convention with respect to property acquired through or involved in the commission of an offence established in accordance with this Convention, shall, in accordance with its domestic law:

(a) Take such measures as may be necessary to permit its competent authorities to give effect to an order of confiscation issued by a court of another State Party;

(b) Take such measures as may be necessary to permit its competent authorities, where they have jurisdiction, to order the confiscation of such property of foreign origin by adjudication of an offence of money-laundering or such other offence as may be within its jurisdiction or by other procedures authorized under its domestic law; and

(c) Consider taking such measures as may be necessary to allow confiscation of such property without acriminal conviction in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases.

2. Each State Party, in order to provide mutual legal assistance upon a request made pursuant to paragraph 2 of article 55 of this Convention, shall, in accordance with its domestic law:

(a) Take such measures as may be necessary to permit its competent authorities to freeze or seize property upon a freezing or seizure order issued by a court or competent authority of a requesting State Party that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 (a) of this article;

(b) Take such measures as may be necessary to permit its competent authorities to freeze or seize property upon a request that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the


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property would eventually be subject to an order of confiscation for purposes of paragraph 1 (a) of this article; and

(c) Consider taking additional measures to permit its competent authorities to preserve property for confiscation, such as on the basis of a foreign arrest or criminal charge related to the acquisition of such property.

Article 55

International cooperation for purposes of confiscation

1. A State Party that has received a request from another State Party having jurisdiction over an offence established in accordance with this Convention for confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in article 31, paragraph 1, of this Convention situated in its territory shall, to the greatest extent possible within its domestic legal system:

(a) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, give effect to it; or

(b) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with articles 31, paragraph 1, and 54, paragraph 1 (a), of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in article 31, paragraph 1, situated in the territory of the requested State Party.

2. Following a request made by another State Party having jurisdiction over an offence established in accordance with this Convention, the requested State Party shall take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in article 31, paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State Party.

3. The provisions of article 46 of this Convention are applicable, mutatis mutandis, to this article. In addition to the information specified in article 46, paragraph 15, requests made pursuant to this article shall contain:

(a) In the case of a request pertaining to paragraph 1 (a) of this article, a description of the property to be confiscated, including, to the extent possible, the location and, where relevant, the estimated value of the property and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law;

(b) In the case of a request pertaining to paragraph 1 (b) of this article, a legally admissible copy of an order of confiscation upon which the request is based issued by the

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requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested, a statement specifying the measures taken by the requesting State Party to provide adequate notification to bona fide third parties and to ensure due process and a statement that the confiscation order is final;

(c) In the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied upon by the requesting State Party and a description of the actions requested and, where available, a legally admissible copy of an order on which the request is based.

4. The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral agreement or arrangement to which it may be bound in relation to the requesting State Party.

5. Each State Party shall furnish copies of its laws and regulations that give effect to this article and of any subsequent changes to such laws and regulations or a description thereof to the Secretary-General of the United Nations.

6. If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention the necessary and sufficient treaty basis.

7. Cooperation under this article may also be refused or provisional measures lifted if the requested State Party does not receive sufficient and timely evidence or if the property is of a de minimis value.

8. Before lifting any provisional measure taken pursuant to this article, the requested State Party shall, wherever possible, give the requesting State Party an opportunity to present its reasons in favour of continuing the measure.

9. The provisions of this article shall not be construed as prejudicing the rights of bona fide third parties.

Article 56

Special cooperation

Without prejudice to its domestic law, each State Party shall endeavour to take measures to permit it to forward, without prejudice to its own investigations, prosecutions or judicial proceedings, information on proceeds of offences established in accordance with this Convention to another State Party without prior request, when it considers that the disclosure of such information might assist the receiving State Party in initiating or carrying out investigations, prosecutions or judicial proceedings or might lead to a request by that State Party under this chapter of the Convention.


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Article 57

Return and disposal of assets

1. Property confiscated by a State Party pursuant to article 31 or 55 of this Convention shall be disposed of, including by return to its prior legitimate owners, pursuant to paragraph 3 of this article, by that State Party in accordance with the provisions of this Convention and its domestic law.

2. Each State Party shall adopt such legislative and other measures, in accordance with the fundamental principles of its domestic law, as may be necessary to enable its competent authorities to return confiscated property, when acting on the request made by another State Party, in accordance with this Convention, taking into account the rights of bona fide third parties.

3. In accordance with articles 46 and 55 of this Convention and paragraphs 1 and 2 of this article, the requested State Party shall:

(a) In the case of embezzlement of public funds or of laundering of embezzled public funds as referred to in articles 17 and 23 of this Convention, when confiscation was executed in accordance with article 55 and on the basis of a final judgement in the requesting State Party, a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party;

(b) In the case of proceeds of any other offence covered by this Convention, when the confiscation was executed in accordance with article 55 of this Convention and on the basis of a final judgement in the requesting State Party, a requirement that can be waived by the requested State Party, return the confiscated property to the requesting State Party, when the requesting State Party reasonably establishes its prior ownership of such confiscated property to the requested State Party or when the requested State Party recognizes damage to the requesting State Party as a basis for returning the confiscated property;

(c) In all other cases, give priority consideration to returning confiscated property to the requesting State Party, returning such property to its prior legitimate owners or compensating the victims of the crime.

4. Where appropriate, unless States Parties decide otherwise, the requested State Party may deduct reasonable expenses incurred in investigations, prosecutions or judicial proceedings leading to the return or disposition of confiscated property pursuant to this article.

5. Where appropriate, States Parties may also give special consideration to concluding agreements or mutually acceptable arrangements, on a case-by-case basis, for the final disposal of confiscated property.

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Article 58

Financial intelligence unit

States Parties shall cooperate with one another for the purpose of preventing and combating the transfer of proceeds of offences established in accordance with this Convention and of promoting ways and means of recovering such proceeds and, to that end, shall consider establishing a financial intelligence unit to be responsible for receiving, analysing and disseminating to the competent authorities reports of suspicious financial transactions.

Article 59

Bilateral and multilateral agreements and arrangements

States Parties shall consider concluding bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this chapter of the Convention.

Chapter VI. Technical assistance and information exchange

Article 60


1. Each State Party shall, to the extent necessary, initiate, develop or improve specific training programmes for its personnel responsible for preventing and combating corruption. Such training programmes could deal, inter alia, with the following areas:

(a) Effective measures to prevent, detect, investigate, punish and control corruption, including the use of evidence-gathering and investigative methods;

(b) Building capacity in the development and planning of strategic anticorruption policy;

(c) Training competent authorities in the preparation of requests for mutual legal assistance that meet the requirements of this Convention;

(d) Evaluation and strengthening of institutions, public service management and the management of public finances, including public procurement, and the private sector;

(e) Preventing and combating the transfer of proceeds of offences established in accordance with this Convention and recovering such proceeds;


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(f) Detecting and freezing of the transfer of proceeds of offences established in accordance with this Convention;

(g) Surveillance of the movement of proceeds of offences established in accordance with this Convention and of the methods used to transfer, conceal or disguise such proceeds;

(h) Appropriate and efficient legal and administrative mechanisms and methods for facilitating the return of proceeds of offences established in accordance with this Convention;

(i) Methods used in protecting victims and witnesses who cooperate with judicial authorities; and

(j) Training in national and international regulations and in languages.

2. States Parties shall, according to their capacity, consider affording one another the widest measure of technical assistance, especially for the benefit of developing countries, in their respective plans and programmes to combat corruption, including material support and training in the areas referred to in paragraph 1 of this article, and training and assistance and the mutual exchange of relevant experience and specialized knowledge, which will facilitate international cooperation between States Parties in the areas of extradition and mutual legal assistance.

3. States Parties shall strengthen, to the extent necessary, efforts to maximize operational and training activities in international and regional organizations and in the framework of relevant bilateral and multilateral agreements or arrangements.

4. States Parties shall consider assisting one another, upon request, in conducting evaluations, studies and research relating to the types, causes, effects and costs of corruption in their respective countries, with a view to developing, with the participation of competent authorities and society, strategies and action plans to combat corruption.

5. In order to facilitate the recovery of proceeds of offences established in accordance with this Convention, States Parties may cooperate in providing each other with the names of experts who could assist in achieving that objective.

6. States Parties shall consider using subregional, regional and international conferences and seminars to promote cooperation and technical assistance and to stimulate discussion on problems of mutual concern, including the special problems and needs of developing countries and countries with economies in transition.

7. States Parties shall consider establishing voluntary mechanisms with a view to contributing financially to the efforts of developing countries and countries with economies in transition to apply this Convention through technical assistance programmes and projects.

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8. Each State Party shall consider making voluntary contributions to the United Nations Office on Drugs and Crime for the purpose of fostering, through the Office, programmes and projects in developing countries with a view to implementing this Convention.

Article 61

Collection, exchange and analysis of information on corruption

1. Each State Party shall consider analysing, in consultation with experts, trends in corruption in its territory, as well as the circumstances in which corruption offences are committed.

2. States Parties shall consider developing and sharing with each other and through international and regional organizations statistics, analytical expertise concerning corruption and information with a view to developing, insofar as possible, common definitions, standards and methodologies, as well as information on best practices to prevent and combat corruption.

3. Each State Party shall consider monitoring its policies and actual measures to combat corruption and making assessments of their effectiveness and efficiency.

Article 62

Other measures: implementation of the Convention through economic development and technical assistance

1. States Parties shall take measures conducive to the optimal implementation of this Convention to the extent possible, through international cooperation, taking into account the negative effects of corruption on society in general, in particular on sustainable development.

2. States Parties shall make concrete efforts to the extent possible and in coordination with each other, as well as with international and regional organizations:

(a) To enhance their cooperation at various levels with developing countries, with a view to strengthening the capacity of the latter to prevent and combat corruption;

(b) To enhance financial and material assistance to support the efforts of developing countries to prevent and fight corruption effectively and to help them implement this Convention successfully;

(c) To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the implementation of this Convention. To that end, States Parties shall endeavour to make adequate and regular voluntary contributions to an account specifically designated for that purpose in a United Nations funding mechanism. States Parties may also give special consideration, in


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accordance with their domestic law and the provisions of this Convention, to contributing to that account a percentage of the money or of the corresponding value of proceeds of crime or property confiscated in accordance with the provisions of this Convention;

(d) To encourage and persuade other States and financial institutions as appropriate to join them in efforts in accordance with this article, in particular by providing more training programmes and modern equipment to developing countries in order to assist them in achieving the objectives of this Convention.

3. To the extent possible, these measures shall be without prejudice to existing foreign assistance commitments or to other financial cooperation arrangements at the bilateral, regional or international level.

4. States Parties may conclude bilateral or multilateral agreements or arrangements on material and logistical assistance, taking into consideration the financial arrangements necessary for the means of international cooperation provided for by this Convention to be effective and for the prevention, detection and control of corruption.

Chapter VII. Mechanisms for implementation

Article 63

Conference of the States Parties to the Convention

1. A Conference of the States Parties to the Convention is hereby established to improve the capacity of and cooperation between States Parties to achieve the objectives set forth in this Convention and to promote and review its implementation.

2. The Secretary-General of the United Nations shall convene the Conference of the States Parties not later than one year following the entry into force of this Convention. Thereafter, regular meetings of the Conference of the States Parties shall be held in accordance with the rules of procedure adopted by the Conference.

3. The Conference of the States Parties shall adopt rules of procedure and rules governing the functioning of the activities set forth in this article, including rules concerning the admission and participation of observers, and the payment of expenses incurred in carrying out those activities.

4. The Conference of the States Parties shall agree upon activities, procedures and methods of work to achieve the objectives set forth in paragraph 1 of this article, including:

(a) Facilitating activities by States Parties under articles 60 and 62 and chapters II to V of this Convention, including by encouraging the mobilization of voluntary contributions;

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(b) Facilitating the exchange of information among States Parties on patterns and trends in corruption and on successful practices for preventing and combating it and for the return of proceeds of crime, through, inter alia, the publication of relevant information as mentioned in this article;

(c) Cooperating with relevant international and regional organizations and mechanisms and nongovernmental organizations;

(d) Making appropriate use of relevant information produced by other international and regional mechanisms for combating and preventing corruption in order to avoid unnecessary duplication of work;

(e) Reviewing periodically the implementation of this Convention by its States Parties;

(f) Making recommendations to improve this Convention and its implementation;

(g) Taking note of the technical assistance requirements of States Parties with regard to the implementation of this Convention and recommending any action it may deem necessary in that respect.

5. For the purpose of paragraph 4 of this article, the Conference of the States Parties shall acquire the necessary knowledge of the measures taken by States Parties in implementing this Convention and the difficulties encountered by them in doing so through information provided by them and through such supplemental review mechanisms as may be established by the Conference of the States Parties.

6. Each State Party shall provide the Conference of the States Parties with information on its programmes, plans and practices, as well as on legislative and administrative measures to implement this Convention, as required by the Conference of the States Parties. The Conference of the States Parties shall examine the most effective way of receiving and acting upon information, including, inter alia, information received from States Parties and from competent international organizations. Inputs received from relevant non-governmental organizations duly accredited in accordance with procedures to be decided upon by the Conference of the States Parties may also be considered.

7. Pursuant to paragraphs 4 to 6 of this article, the Conference of the States Parties shall establish, if it deems it necessary, any appropriate mechanism or body to assist in the effective implementation of the Convention.


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Article 64

Secretariat

1. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention.

2. The secretariat shall:

(a) Assist the Conference of the States Parties in carrying out the activities set forth in article 63 of this Convention and make arrangements and provide the necessary services for the sessions of the Conference of the States Parties;

(b) Upon request, assist States Parties in providing information to the Conference of the States Parties as envisaged in article 63, paragraphs 5 and 6, of this Convention; and

(c) Ensure the necessary coordination with the secretariats of relevant international and regional organizations.

Chapter VIII. Final provisions

Article 65


1. Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with fundamental principles of its domestic law, to ensure the implementation of its obligations under this Convention.

2. Each State Party may adopt more strict or severe measures than those provided for by this Convention for preventing and combating corruption.

Article 66


1. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Convention through negotiation.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.

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3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.


Article 67


1. This Convention shall be open to all States for signature from 9 to 11 December 2003 in Merida, Mexico, and thereafter at United Nations Headquarters in New York until 9 December 2005.

2. This Convention shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Convention in accordance with paragraph 1 of this article.

3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

4. This Convention is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.

Article 68

Entry into force

1. This Convention shall enter into force on the ninetieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.


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2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the thirtieth instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Convention enters into force pursuant to paragraph 1 of this article, whichever is later.

Article 69

Amendment

1. After the expiry of five years from the entry into force of this Convention, a State Party may propose an amendment and transmit it to the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the States Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference of the States Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference of the States Parties.

2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.



5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Convention and any earlier amendments that they have ratified, accepted or approved.

Article 70

Denunciation

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.

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2. A regional economic integration organization shall cease to be a Party to this Convention when all of its member States have denounced it.

Article 71


1. The Secretary-General of the United Nations is designated depositary of this Convention.

2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.


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b) Instruments related to human rights

1. Convention relating to the Status of Refugees, 1951

Signed at Geneva on 28 July 1951 In force on 22 April 1954, in accordance with Article 43 Depositary: Secretary General of the United Nations

PREAMBLE

The high contracting parties,

Considering that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination,

Considering that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms,

Considering that it is desirable to revise and consolidate previous international agreements relating to the status of refugees and to extend the scope of and protection accorded by such instruments by means of a new agreement,

Considering that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation,

Expressing the wish that all States, recognizing the social and humanitarian nature of the problem of refugees, will do everything within their power to prevent this problem from becoming a cause of tension between States, noting that the United Nations High Commissioner for Refugees is charged with the task of supervising international conventions providing for the protection of refugees, and recognizing that the effective co-ordination of measures taken to deal with this problem will depend upon the co-operation of States with the High Commissioner,


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Chapter I. General Provisions

Article 1

Definition of the term “refugee”

A. or the purposes of the present Convention, the term “refugee” shall apply to any person who:

1. Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization; Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph 2 of this section;

2. As a result of events occurring before 1 January 1951 and owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.

B.1. For the purposes of this Convention, the words “events occurring before 1 January 1951” in article 1, section A, shall be understood to mean either

(a) “events occurring in Europe before 1 January 1951”; or

(b) “events occurring in Europe or elsewhere before 1 January 1951”, and each Contracting State shall make a declaration at the time of signature, ratification or accession, specifying which of these meanings it applies for the purpose of its obligations under this Convention.

2. Any Contracting State which has adopted alternative (a) may at any time extend its obligations by adopting alternative (b) by means of a notification addressed to the Secretary-General of the United Nations.

C. This Convention shall cease to apply to any person falling under the terms of section A if:


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1. He has voluntarily re-availed himself of the protection of the country of his nationality; or

2. Having lost his nationality, he has voluntarily re-acquired it, or

3. He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or

4. He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or

5. He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality; Provided that this paragraph shall not apply to a refugee falling under section A(1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;

6. Being a person who has no nationality he is, because of the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence; Provided that this paragraph shall not apply to a refugee falling under section A (1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.

D. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance. When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.

E. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.

F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:

(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

(b) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;

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(c) he has been guilty of acts contrary to the purposes and principles of the United Nations.

Article 2

General obligations

Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.

Article 3

Non-discrimination

The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin.

Article 4

Religion

The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practice their religion and freedom as regards the religious education of their children.

Article 5

Rights granted apart from this convention

Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to refugees apart from this Convention.

Article 6

The term “in the same circumstances”

For the purposes of this Convention, the term “in the same circumstances” implies that any requirements (including requirements as to length and conditions of sojourn or residence) which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a refugee, must be fulfilled by him, with the exception of requirements which by their nature a refugee is incapable of fulfilling.


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Article 7

Exemption from reciprocity

1. Except where this Convention contains more favourable provisions, a Contracting State shall accord to refugees the same treatment as is accorded to aliens generally.

2. After a period of three years’ residence, all refugees shall enjoy exemption from legislative reciprocity in the territory of the Contracting States.

3. Each Contracting State shall continue to accord to refugees the rights and benefits to which they were already entitled, in the absence of reciprocity, at the date of entry into force of this Convention for that State.

4. The Contracting States shall consider favourably the possibility of according to refugees, in the absence of reciprocity, rights and benefits beyond those to which they are entitled according to paragraphs 2 and 3, and to extending exemption from reciprocity to refugees who do not fulfil the conditions provided for in paragraphs 2 and 3.

5. The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide.

Article 8

Exemption from exceptional measures

With regard to exceptional measures which may be taken against the person, property or interests of nationals of a foreign State, the Contracting States shall not apply such measures to a refugee who is formally a national of the said State solely on account of such nationality. Contracting States which, under their legislation, are prevented from applying the general principle expressed in this article, shall, in appropriate cases, grant exemptions in favour of such refugees.

Article 9

Provisional measures

Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional circumstances, from taking provisionally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Contracting State that that person is in fact a refugee and that the continuance of such measures is necessary in his case in the interests of national security.

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Article 10

Continuity of residence

1. Where a refugee has been forcibly displaced during the Second World War and removed to the territory of a Contracting State, and is resident there, the period of such enforced sojourn shall be considered to have been lawful residence within that territory.

2. Where a refugee has been forcibly displaced during the Second World War from the territory of a Contracting State and has, prior to the date of entry into force of this Convention, returned there for the purpose of taking up residence, the period of residence before and after such enforced displacement shall be regarded as one uninterrupted period for any purposes for which uninterrupted residence is required.

Article 11

Refugee seamen

In the case of refugees regularly serving as crew members on board a ship flying the flag of a Contracting State, that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their establishment in another country.

Chapter II. Juridical Status

Article 12

Personal status

1. The personal status of a refugee shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence.

2. Rights previously acquired by a refugee and dependent on personal status, more particularly rights attaching to marriage, shall be respected by a Contracting State, subject to compliance, if this be necessary, with the formalities required by the law of that State, provided that the right in question is one which would have been recognized by the law of that State had he not become a refugee.

Article 13

Movable and immovable property

The Contracting States shall accord to a refugee treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other


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rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.

Article 14

Artistic rights and industrial property

In respect of the protection of industrial property, such as inventions, designs or models, trade marks, trade names, and of rights in literary, artistic, and scientific works, a refugee shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. In the territory of any other Contracting State, he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has his habitual residence.

Article 15

Right of association

As regards non-political and non-profit-making associations and trade unions the Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.

Article 16

Access to courts

1. A refugee shall have free access to the courts of law on the territory of all Contracting States.

2. A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the Courts, including legal assistance and exemption from cautio judicatum solvi.

3. A refugee shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence.

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Chapter III. Gainful Employment

Article 17

Wage-earning employment

1. The Contracting State shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage-earning employment.

2. In any case, restrictive measures imposed on aliens or the employment of aliens for the protection of the national labour market shall not be applied to a refugee who was already exempt from them at the date of entry into force of this Convention for the Contracting State concerned, or who fulfils one of the following conditions:

(a) He has completed three years’ residence in the country;

(b) He has a spouse possessing the nationality of the country of residence. A refugee may not invoke the benefits of this provision if he has abandoned his spouse;

(c) He has one or more children possessing the nationality of the country of residence.

3. The Contracting States shall give sympathetic consideration to assimilating the rights of all refugees with regard to wage-earning employment to those of nationals, and in particular of those refugees who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes.

Article 18

Self-employment

The Contracting States shall accord to a refugee lawfully in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish commercial and industrial companies.

Article 19

Liberal professions

1. Each Contracting State shall accord to refugees lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State, and who are desirous of


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practicing a liberal profession, treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.

2. The Contracting States shall use their best endeavours consistently with their laws and constitutions to secure the settlement of such refugees in the territories, other than the metropolitan territory, for whose international relations they are responsible.

Chapter IV. Welfare

Article 20

Rationing

Where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, refugees shall be accorded the same treatment as nationals.

Article 21

Housing

As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.

Article 22

Public education

1. The Contracting States shall accord to refugees the same treatment as is accorded to nationals with respect to elementary education.

2. The Contracting States shall accord to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships.

Article 23

Public relief

The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.

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Article 24

Labour legislation and social security

1. The Contracting States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters:

(a) In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities: remuneration, including family allowances where these form part of remuneration, hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age of employment, apprenticeship and training, women’s work and the work of young persons, and the enjoyment of the benefits of collective bargaining;

(b) Social security (legal provisions in respect of employment injury, occupational diseases, maternity, sickness, disability, old age, death, unemployment, family responsibilities and any other contingency which, according to national laws or regulations, is covered by a social security scheme), subject to the following limitations:

(i) There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition;

(ii) National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds, and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension.

2. The right to compensation for the death of a refugee resulting from employment injury or from occupational disease shall not be affected by the fact that the residence of the beneficiary is outside the territory of the Contracting State.

3. The Contracting States shall extend to refugees the benefits of agreements concluded between them, or which may be concluded between them in the future, concerning the maintenance of acquired rights and rights in the process of acquisition in regard to social security, subject only to the conditions which apply to nationals of the States signatory to the agreements in question.

4. The Contracting States will give sympathetic consideration to extending to refugees so far as possible the benefits of similar agreements which may at any time be in force between such Contracting States and non-contracting States.


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Chapter V. Administrative Measures

Article 25

Administrative assistance

1. When the exercise of a right by a refugee would normally require the assistance of authorities of a foreign country to whom he cannot have recourse, the Contracting States in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities or by an international authority.

2. The authority or authorities mentioned in paragraph 1 shall deliver or cause to be delivered under their supervision to refugees such documents or certifications as would normally be delivered to aliens by or through their national authorities.

3. Documents or certifications so delivered shall stand in the stead of the official instruments delivered to aliens by or through their national authorities, and shall be given credence in the absence of proof to the contrary.

4. Subject to such exceptional treatment as may be granted to indigent persons, fees may be charged for the services mentioned herein, but such fees shall be moderate and commensurate with those charged to nationals for similar services.

5. The provisions of this article shall be without prejudice to articles 27 and 28.

Article 26

Freedom of movement

Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances

Article 27

Identity papers

The Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document.

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Article 28

Travel documents

1. The Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require, and the provisions of the Schedule to this Convention shall apply with respect to such documents. The Contracting States may issue such a travel document to any other refugee in their territory; they shall in particular give sympathetic consideration to the issue of such a travel document to refugees in their territory who are unable to obtain a travel document from the country of their lawful residence.

2. Travel documents issued to refugees under previous international agreements by parties thereto shall be recognized and treated by the Contracting States in the same way as if they had been issued pursuant to this article.

Article 29

Fiscal charges

1. The Contracting States shall not impose upon refugees duties, charges or taxes, of any description whatsoever, other or higher than those which are or may be levied on their nationals in similar situations.

2. Nothing in the above paragraph shall prevent the application to refugees of the laws and regulations concerning charges in respect of the issue to aliens of administrative documents including identity papers.

Article 30

Transfer of assets

1. A Contracting State shall, in conformity with its laws and regulations, permit refugees to transfer assets which they have brought into its territory, to another country where they have been admitted for the purposes of resettlement.

2. A Contracting State shall give sympathetic consideration to the application of refugees for permission to transfer assets wherever they may be and which are necessary for their resettlement in another country to which they have been admitted.


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Article 31

Refugees unlawfully in the country of refugee

1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.

2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.

Article 32

Expulsion

1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order.

2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority.

3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary.

Article 33

Prohibition of expulsion or return (“refoulement”)

1. No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which

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he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.

Article 34

Naturalization

The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.

Chapter VI. Executory and Transitory Provisions

Article 35

Co-operation of the national authorities with the united nations

1. The Contracting States undertake to co-operate with the Office of the United Nations High Commissioner for Refugees, or any other agency of the United Nations which may succeed it, in the exercise of its functions, and shall in particular facilitate its duty of supervising the application of the provisions of this Convention.

2. In order to enable the Office of the High Commissioner or any other agency of the United Nations which may succeed it, to make reports to the competent organs of the United Nations, the Contracting States undertake to provide them in the appropriate form with information and statistical data requested concerning:

(a) The condition of refugees,

(b) The implementation of this Convention, and;

(c) Laws, regulations and decrees which are, or may hereafter be, in force relating to refugees.

Article 36

Information on national legislation

The Contracting States shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of this Convention.


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Article 37

Relation to previous conventions

Without prejudice to article 28, paragraph 2, of this Convention, this Convention replaces, as between parties to it, the Arrangements of 5 July 1922, 31 May 1924, 12 May 1926, 30 June 1928 and 30 July 1935, the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 and the Agreement of 15 October 1946.

Chapter VII. Final Clauses

Article 38


Any dispute between parties to this Convention relating to its interpretation or application, which cannot be settled by other means, shall be referred to the International Court of Justice at the request of any one of the parties to the dispute.

Article 39

Signature, ratification and accession

1. This Convention shall be opened for signature at Geneva on 28 July 1951 and shall thereafter be deposited with the Secretary-General of the United Nations. It shall be open for signature at the European Office of the United Nations from 28 July to 31 August 1951 and shall be re-opened for signature at the Headquarters of the United Nations from 17 September 1951 to 31 December 1952.

2. This Convention shall be open for signature on behalf of all States Members of the United Nations, and also on behalf of any other State invited to attend the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons or to which an invitation to sign will have been addressed by the General Assembly. It shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. This Convention shall be open from 28 July 1951 for accession by the States referred to in paragraph 2 of this article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

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Article 40

Territorial application clause

1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.

2. At any time thereafter any such extension shall be made by notification addressed to the Secretary- General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.

3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territories.

Article 41

Federal clause

In the case of a Federal or non-unitary State, the following provisions shall apply:

(a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal legislative authority, the obligations of the Federal Government shall to this extent be the same as those of Parties which are not Federal States;

(b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent States, provinces or cantons which are not, under the constitutional system of the federation, bound to take legislative action, the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of states, provinces or cantons at the earliest possible moment.

(c) A Federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention showing the extent to which effect has been given to that provision by legislative or other action.


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Article 42

Reservations

1. At the time of signature, ratification or accession, any State may make reservations to articles of the Convention other than to articles 1, 3, 4, 16(1), 33, 36-46 inclusive.

2. Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations.

Article 43

Entry into force

1. This Convention shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day following the date of deposit by such State of its instrument or ratification or accession.

Article 44

Denunciation

1. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations.

2. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations.

3. Any State which has made a declaration or notification under article 40 may, at any time thereafter, by a notification to the Secretary-General of the United Nations, declare that the Convention shall cease to extend to such territory one year after the date of receipt of the notification by the Secretary-General.

Article 45

Revision

1. Any Contracting State may request revision of this Convention at any time by a notification addressed to the Secretary-General of the United Nations.

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2. The General Assembly of the United Nations shall recommend the steps, if any, to be taken in respect of such request.

Article 46

Notifications by the secretary-general of the united nations

The Secretary-General of the United Nations shall inform all Members of the United Nations and nonmember States referred to in article 39:

(a) Of declarations and notifications in accordance with section B of article 1;

(b) Of signatures, ratifications and accessions in accordance with article 39;

(c) Of declarations and notifications in accordance with article 40;

(d) Of reservations and withdrawals in accordance with article 42;

(e) Of the date on which this Convention will come into force in accordance with article 43;

(f) Of denunciations and notifications in accordance with article 44;

(g) Of requests for revision in accordance with article 45.

In faith whereof the undersigned, duly authorized, have signed this Convention on behalf of their respective Governments,

Done at Geneva, this twenty-eighth day of July, one thousand nine hundred and fifty-one, in a single copy, of which the English and French texts are equally authentic and which shall remain deposited in the archives of the United Nations, and certified true copies of which shall be delivered to all Members of the United Nations and to the non-member States referred to in article 39.


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2. International Covenant on Civil and Political Rights, 1966

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966

Entry into force on 23 March 1976, in accordance with Article 49 Depositary: Secretary General of the United Nations

PREAMBLE

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

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3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with


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their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

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5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3. (a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.


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Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.

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Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;


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(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

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2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:


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(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

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3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other


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members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.

2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.

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4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

Article 31

1. The Committee may not include more than one national of the same State.

2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.


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2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

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(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights:

(a) Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:


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(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.

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2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 42

1. (a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.


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7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;

(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;

(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.

Article 43

The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized

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agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART VI

Article 48

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary- General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.


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Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary- General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary- General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.

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Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.


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3. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, 1984

Adopted by the General Assembly of the United Nations on 10 December 1984 Entry into force on 26 July 1987, in accordance with Article 27 Depositary: Secretary General of the United Nations


Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that those rights derive from the inherent dignity of the human person,

Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,

Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,

Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,


PART I

Article 1

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

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2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 3

1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

Article 4

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Article 5

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:

(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;

(b) When the alleged offender is a national of that State;

(c) When the victim is a national of that State if that State considers it appropriate.


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2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.


Article 6

1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts.

3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7

1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.

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3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 8

1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1.

Article 9

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph I of this article in conformity with any treaties on mutual judicial assistance that may exist between them.

Article 10

1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.

2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.


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Article 11

Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.

Article 12

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.

Article 13

Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

Article 15

Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

Article 16

1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with

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the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

PART II

Article 17

1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience.

2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee established under the International Covenant on Civil and Political Rights and who are willing to serve on the Committee against Torture.

3. Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the Secretary-General of the United Nations. At those meetings, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

4. The initial election shall be held no later than six months after the date of the entry into force of this Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.

5. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this article.

6. If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another


431

expert from among its nationals to serve for the remainder of his term, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment.

7. States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties.

Article 18

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Six members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under this Convention.

4. The Secretary-General of the United Nations shall convene the initial meeting of the Committee. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

5. The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Parties and of the Committee, including reimbursement to the United Nations for any expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of this article.

Article 19

1. The States Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the State Party concerned. Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request.

2. The Secretary-General of the United Nations shall transmit the reports to all States Parties.

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3. Each report shall be considered by the Committee which may make such general comments on the report as it may consider appropriate and shall forward these to the State Party concerned. That State Party may respond with any observations it chooses to the Committee.

4. The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 3 of this article, together with the observations thereon received from the State Party concerned, in its annual report made in accordance with article 24. If so requested by the State Party concerned, the Committee may also include a copy of the report submitted under paragraph I of this article.

Article 20

1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned.

2. Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently.

3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the co-operation of the State Party concerned. In agreement with that State Party, such an inquiry may include a visit to its territory.

4. After examining the findings of its member or members submitted in accordance with paragraph 2 of this article, the Commission shall transmit these findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation.

5. All the proceedings of the Committee referred to in paragraphs I to 4 of this article shall be confidential , and at all stages of the proceedings the co-operation of the State Party shall be sought. After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article 24.

Article 21

1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under


433

this Convention. Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure;

(a) If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter, which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention;

(d) The Committee shall hold closed meetings when examining communications under this article; (e) Subject to the provisions of subparagraph

(e) the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in this Convention. For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission;

(f) In any matter referred to it under this article, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;

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(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary- General, unless the State Party concerned has made a new declaration.

Article 22

1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.

2. The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of this Convention.

3. Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph I and is alleged to be violating any provisions of the Convention. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

4. The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned.


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5. The Committee shall not consider any communications from an individual under this article unless it has ascertained that:

(a) The same matter has not been, and is not being, examined under another procedure of international investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention.

6. The Committee shall hold closed meetings when examining communications under this article.

7. The Committee shall forward its views to the State Party concerned and to the individual.

8. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary General, unless the State Party has made a new declaration.

Article 23

The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph I (e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 24

The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.

PART III

Article 25

1. This Convention is open for signature by all States.

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2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 26

This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 27

1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.

Article 28

1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20.

2. Any State Party having made a reservation in accordance with paragraph I of this article may, at any time, withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 29

1. Any State Party to this Convention may propose an amendment and file it with the Secretary- General of the United Nations. The Secretary General shall thereupon communicate the proposed amendment to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering an d voting upon the proposal. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States Parties for acceptance.

2. An amendment adopted in accordance with paragraph I of this article shall enter into force when two thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have accepted it in accordance with their respective constitutional processes.


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3. When amendments enter into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendments which they have accepted.

Article 30

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by paragraph I of this article. The other States Parties shall not be bound by paragraph I of this article with respect to any State Party having made such a reservation.

3. Any State Party having made a reservation in accordance with paragraph 2 of this article may at any time withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 31

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of- the notification by the Secretary-General .

2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.

3. Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.

Article 32

The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following:

(a) Signatures, ratifications and accessions under articles 25 and 26;

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(b) The date of entry into force of this Convention under article 27 and the date of the entry into force of any amendments under article 29;

(c) Denunciations under article 31.

Article 33

1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.

Part 2

Regional instruments

Part 2. Regional instruments

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I. Instruments adopted by the African Union (AU)

1. Organization of African Unity (OAU) Convention on the Prevention and Combating of Terrorism, 1999

Signed in Alger on 14 July 1999 Entry into force on 6 December 2002, in accordance with the article 20

The Member States of the Organization of African Unity:

Considering the purposes and principles enshrined in the Charter of the Organization of African Unity, in particular its clauses relating to the security, stability, development of friendly relations and cooperation among its Member States;

Recalling the previsions of the Declaration on the Code of Conduct for Inter-African Relations, adopted by the Thirtieth Ordinary Session of the Assembly of Heads of State and Government of the Organization of African Unity, held in Tunisia, Tunisia, from 13 to 15 June, 1994;

Aware of the need to promote human and moral values based on tolerance and rejection of all forms of terrorism irrespective of their motivations;

Believing in the principles of international law, the provisions of the Charters of the Organization of Africa Unity and of the United Nations and the latter’s relevant resolutions on measures aimed at combating international terrorism and, in particular, resolution 49/60 of the General Assembly of 9 December, 1994 together with the annexed Declaration on Measures to Eliminate International Terrorism as well as resolution 51/210 of the General Assembly of 17 December, 1996 and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, annexed thereto;

Deeply concerned over the scope and seriousness of the phenomenon of terrorism and the dangers it poses to the stability and security of States; Desirous of strengthening cooperation among Member States in order to forestall and combat terrorism;

Reaffirming the legitimate right of peoples for self-determination and independence pursuant to the principles of international law and the provisions of the Charters of the Organization of African United Nations as well as the African Charter on Human and People’s Rights;

Concerned that the lives of innocent women and children are most adversely affected by terrorism;

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Convinced that terrorism constitutes a serious violation of human rights and, in particular, the rights to physical integrity, life, freedom and security, and impedes socio-economic development through destabilization of States;

Convinced further that terrorism cannot be justified under any circumstances and, consequently, should be combated in all its forms and manifestations, including those in which States are involved directly or indirectly, without regard to its origin, causes and objectives.

Aware of the growing links between terrorism and organized crime, including the illicit traffic of arms, drugs and money laundering;

Determined to eliminate terrorism in all its forms and manifestations;


PART I SCOPE OF APPLICATION

Article 1


1. “Convention” means the OAU Convention on the Prevention and Combating of Terrorism.

2. “State Party” means any Member State of the Organization of African Unity which has ratified or acceded to this Convention and has deposited its instrument of ratification or accession with the Secretary General of the Organization of African Unity.

3. “Terrorist act” means:

(a) any act which is a violation of the criminal laws of a State Party and which may endanger the life, physical integrity or freedom of, or cause serious injury or death to, any person, any number or group of persons or causes or may cause damage to public or private property, natural resources, environmental or cultural heritage and is calculated or intended to:

(i) intimidate, put in fear, force, coerce or induce any government, body, institution, the general public or any segment thereof, to do or abstain from doing any act, or to adopt or abandon a particular standpoint, or to act according to certain principles; or

(ii) disrupt any public service, the delivery of any essential service to the public or to create a public emergency; or


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(iii) create general insurrection in a State.

(b) any promotion, sponsoring, contribution to, command, aid, incitement, encouragement, attempt, threat, conspiracy, organizing, or procurement of any person, with the intent to commit any act referred to in paragraph (a) (i) to(iii).

Article 2

States Parties undertake to:

(a) review their national laws and establish criminal offences for terrorist acts as defined in this Convention and make such acts punishable by appropriate penalties that take into account the grave nature of such offences;

(b) consider, as a matter of priority, the signing or ratification of, or accession to, the international instruments listed in the Annexure, which they have not yet signed, ratified or acceded to; and

(c) implement the actions, including enactment of legislation and the establishment as criminal offences of certain acts as required in terms of the international instruments referred to in paragraph (b) and that States have ratified and acceded to and make such acts punishable by appropriate penalties which take into account the grave nature of those offences;

(d) notify the Secretary General of the OAU of all the legislative measures it has taken and the penalties imposed on terrorist acts within one year of its ratification of, or accession to, the Convention.

Article 3

1. Notwithstanding the provisions of Article 1, the struggle waged by peoples in accordance with the principles of international law for their liberation or self-determination, including armed struggle against colonialism, occupation, aggression and domination by foreign forces shall not be considered as terrorist acts.

2. Political, philosophical, ideological, racial, ethnic, religious or other motives shall not be a justifiable defence against a terrorist act.

PART II AREAS OF COOPERATION

Article 4

1. State Parties undertake to refrain from any acts aimed at organizing, supporting, financing, committing or inciting to commit terrorist acts, or providing havens for terrorists,

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directly or indirectly, including the provision of weapons and their stockpiling in their countries and the issuing of visas and travel documents.

2. States Parties shall adopt any legitimate measures aimed at preventing and combating terrorists acts in accordance with the provisions of this Convention and their respective national legislation, in particular, they shall do the following:

(a) prevent their territories from being used as a base for the planning, organization or execution of terrorists acts or for the participation or collaboration in these acts in any form whatsoever;

(b) develop and strengthen methods of monitoring and detecting plans or activities aimed at the illegal cross-border transportation, importation, export, stockpiling and use of arms, ammunition and explosives and other materials and means of committing terrorist acts;

(c) develop and strengthen methods or controlling and monitoring land, sea and air borders and customs and immigration check points in order to pre-empt any infiltration by individuals or groups involved in the planning, organization and execution or terrorist acts;

(d) strengthen the protection and security of persons, diplomatic and consular missions, premises or regional and international organizations accredited to a State Party, in accordance with the relevant conventions and rules or international law;

(e) promote the exchange of information and expertise on terrorist acts and establish data bases for the collection and analysis of information and data on terrorist elements, groups, movements and organizations;

(f) take all necessary measures to prevent the establishment of terrorist support networks in any form whatsoever;

(g) ascertain, when granting asylum, that the asylum seeker is not involved in any terrorist act;

(h) arrest the perpetrators of terrorist acts and try them in accordance with national legislation, or extradite them in accordance with the provisions of this Convention or extradition treaties concluded between the requesting State and the requested State and, in the absence of a treaty, consider facilitating the extradition of persons suspected of having committed terrorist acts; and

(i) establish effective co-operation between relevant domestic security officials and services and the citizens of the States Parties in a bid to enhance public awareness of the scourge of terrorist acts and the need to combat such acts, by providing guarantees and incentives that will encourage the population to give information on terrorist acts or other acts which may help to uncover such acts and arrest their perpetrators.


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Article 5

States Parties shall co-operate among themselves in preventing and combating terrorist acts in conformity with national legislation and procedures of each State in the following areas:

1. States Parties undertake to strengthen the exchange of information among them regarding :

(a) acts and crimes committed by terrorist groups, their leaders and elements, their headquarters and training camps, their means and sources of funding and acquisition of arms, the types or arms, ammunition and explosives used, and other means in their possession;

(b) the communication and propaganda methods and techniques used by the terrorist groups, the behaviour of these groups, the movement of the leaders and elements, as well as their travel documents.

2. States Parties undertake to exchange any information that leads to:

(a) the arrest of any person charged with a terrorist act against the interest of a State Party or against its nationals, or attempted to commit such an act or participated in it as an accomplice or an instigator;

(b) the seizure and confiscation of any type of arms, ammunition, explosives, devices or funds or other instrumentalities of crime used to commit a terrorist act or intended for that purpose.

3. State Parties undertake to respect the confidentiality of the information exchanged among them and not to provide such information to another State that is not party to this Convention, or to a third State Party, without the prior consent of the State from where such information originated.

4. States Parties undertake to promote co-operation among themselves and to help each other with regard to procedures relating to the investigation and arrest of persons suspected of, charged with or convicted of terrorist acts, in conformity with the national law of each State.

5. States Parties shall co-operate among themselves in conducting and exchanging studies and researches on how to combat terrorist acts and to exchange expertise relating to control of terrorist acts.

6. State Parties shall co-operate among themselves, where possible, in providing any available technical assistance in drawing up programmes or organizing, where necessary and for the benefit of their personnel, joint training courses involving one or several States

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Parties in the area of control of terrorist acts, in order to improve their scientific, technical and operational capacities to prevent and combat such acts.

PART III STATE JURISDICTION

Article 6

1. Each State Party has jurisdiction over terrorist acts as defined in Article 1 when:

(a) the act is committed in the territory of that State and the perpetrator of the act is arrested in its territory or outside it if this punishable by its national law;

(b) the act is committed on board a vessel or a ship flying the flag of that State or an aircraft which is registered under the laws of that State at the time the offence is committed; or

(c) the act is committed by a national or a group or nationals of that State.


(a) the act is committed against a national of that State; or

(b) the act is committed against a State or government facility of that State abroad, including an embassy or other diplomatic or consular premises, and any other property, of that State;

(c) the act is committed by a stateless person who has his or her habitual residence in the territory of that State; or

(d) the act is committed on board an aircraft which is operated by any carrier of that State; and

(e) the act is committed against the security of the State Party.

3. Upon ratifying or acceding to this Convention, each State Party shall notify the Secretary General of the Organization of African Unity of the jurisdiction it has established in accordance with paragraph 2 under its national law. Should any change take place, the State Party concerned shall immediately notify the Secretary General.

4. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the acts set forth in Article 1 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1or 2.


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Article 7

1. Upon receiving information that a person who has committed or who is alleged to have committed any terrorist act as defined in Article 1 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its national law to investigate the facts contained in the information.

2. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its national law so as to ensure that person’s presence for the purpose of prosecution.

3. Any person against whom the measures referred to in paragraph 2 are being taken shall be entitled to:

(a) communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled, to protect that person’s rights or, if that person is a stateless person, the State in whose territory that person habitually resides;

(b) be visited by a representative of that State;

(c) be assisted by a lawyer of his or her choice;

(d) be informed of his or her rights under sub-paragraphs a, b and (c)

4. The rights referred to in paragraph 3 shall be exercised in conformity with the national law of the State in whose territory the offender or alleged offender is present; subject to the provision that the said laws must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

PART IV EXTRADITION

Article 8

1. Subject to the provision of paragraphs 2 and 3 of this article, the States Parties shall undertake to extradite any person charged with or convicted of any terrorist act carried out on the territory of another State Party and whose extradition is requested by one of the States Parties in conformity with the rules and conditions provided for in this Convention or under extradition agreements between the States Parties and within the limits of their national laws.

2. Any State Party may, at the time of the deposit of its instrument of ratification or accession, transmit to the Secretary General of the OAU the grounds on which extradition may not be granted and shall at the same time indicate the legal basis in its national

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legislation or international conventions to which it is a party which excludes such extradition. The Secretary General shall forward these grounds to the State Parties.

3. Extradition shall not be granted if final judgement has been passed by a component authority of the requested State upon the person in respect of the terrorist act or acts for which extradition is requested. Extradition may also be refused if the competent authority of the requested State has decided either not to institute or terminate proceedings in respect of the same act or acts.

4. A State Party in whose territory an alleged offender is present shall be obliged, whether or not the offence was committed in its territory, to submit the case without undue delay to its component authorities for the purpose of prosecution if it does not extradite that person.

Article 9

Each State Party undertakes to include as an extraditable offence any terrorist act as defined in Article 1, in any extradition treaty existing between any of the State Parties before or after the entry into force of this Convention.

Article 10

Exchange of extradition requests between the States Parties to this Convention shall be effected directly either through diplomatic channels or other appropriate organs in the concerned States.

Article 11

Extradition requests shall be in writing, and shall be accompanied in particular by the following:

(a) an original or authenticated copy of the sentence, warrant of arrest or any order or other judicial decision made, in accordance with the procedures laid down in the laws of the requesting State;

(b) a statement describing the offences for which extradition is being requested, indicating the date and place of its commission, the offence committed, any convictions made and a copy of the provisions of the applicable law; and

(c) as comprehensive a description as possible of the wanted person together with any other information which may assist in establishing the person’s identity and nationality.

Article 12

In urgent cases, the competent authority of the State making the extradition may, in writing, request that the State seized of the extradition request arrest the person in question


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provisionally. Such provisional arrest shall be for a reasonable period in accordance with the national law of the requested State.

Article 13

1. Where a State Party receives several extradition requests from different States Parties in respect of the same suspect and for the same or different terrorist acts, it shall decide on these requests having regard to all the prevailing circumstances , particularly the possibility of subsequent extradition, the respective dates of receipt of the requests, and the degree of seriousness of the crime.

2. Upon agreeing to extradite, States Parties shall seize and transmit all funds and related materials purportedly used in the commission of the terrorist act to the requesting State as well as relevant incriminating evidence.

3. Such funds, incriminating evidence and related materials, upon confirmation of their use in the terrorist act by the requested State, shall be transmitted to the requesting State even if, for reasons of death or escape of the accused, the extradition in question cannot take place.

4. The provisions in paragraphs 1, 2 and 3 of this Article shall not affect the rights of any of the States Parties or bona fide third Parties regarding the materials or revenues mentioned above.

PART V EXTRA-TERRITORIAL INVESTIGATIONS

(COMMISSION ROGAROIRE) AND MUTUAL LEGAL ASSISTANCE

Article 14

1. Any State Party may, while recognizing the sovereign rights of States Parties in matters or criminal investigation, request any other State Party to carry out, with its assistance and cooperation, on the latter’s territory, criminal investigations related to any judicial proceedings concerning alleged terrorist acts and, in particular:

(a) the examination of witnesses and transcripts of statements made as evidence;

(b) the opening of judicial information;

(c) the initiation of investigation processes;

(d) the collection of documents and recordings or, in their absence, authenticated copies thereof;

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(e) conducting inspections and tracing of assets for evidentiary purposes;

(f) executing searches and seizures; and

(g) service of judicial documents.

Article 15

A commission rogatoire may be refused:

(a) where each of the States Parties has to execute a commission rogatoire relating to the same terrorist acts;

(b) if that request may affect efforts to expose crimes, impede investigations or the indictment of the accused in the country requesting the commission rogatoire; or

(c) if the execution of the request would affect the sovereignty of the requested State, its security or public order.

Article 16

The extra-territorial investigation (commission rogatoire) shall be executed in compliance with the provisions of national laws of the requested State. The request for an extra-territorial investigation (commission rogatoire) relating to a terrorist act shall not be rejected on the grounds of the principle of confidentiality of bank operations or financial institutions, where applicable.

Article 17

The States Parties shall extend to each other the best possible mutual police and judicial assistance for any investigation, criminal prosecution or extradition proceedings relating to the terrorist acts as set forth in this Convention.

Article 18

The States Parties undertake to develop, if necessary, especially by concluding bilateral and multilateral agreements and arrangements, mutual legal assistance procedures aimed at facilitating and speeding up investigations and collecting evidence, as well as cooperation between law enforcement agencies in order to detect and prevent terrorist acts.


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PART VI FINAL PROVISIONS

Article 19

1. This Convention shall be open to signature, ratification or accession by the Member States of the Organization of African Unity.

2. The instruments of ratification or accession to the present Convention shall be deposited with the Secretary General of Organization of African Unity.

3. The Secretary General of the Organization of African Unity shall inform Member States of the Organization of the deposit of each instrument of ratification or accession.

4. No State Party may enter a reservation which is incompatible with the object and purposes of this Convention.

5. No State Party may withdraw from this Convention except on the basis of a written request addressed to the Secretary General of the Organization of African Unity. The withdrawal shall take effect six months after the date of receipt of the written request by the Secretary General of the Organization of African Unity.

Article 20

1. This Convention shall enter into force thirty days after the deposit of the fifteenth instrument of ratification with the Secretary General of the Organization of African Unity.

2. For each of the States that shall ratify or accede to this Convention shall enter into force thirty days after the date of the deposit by that State Party of its instrument of ratification or accession.

Article 21

1. Special protocols or agreements may, if necessary, supplement the provisions of this Convention.

2. This Convention may be amended if a State Party makes a written request to that effect to the Secretary General of the Organization of African Unity. The Assembly of Heads of State and Government may only consider the proposed amendment after all the States Parties have been duly informed of it at least three months in advance.

3. The amendment shall be approved by a simple majority of the State Parties. It shall come into force for each State which has accepted it in accordance with its constitutional procedures three months after the Secretary General has received notice of the acceptance.

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Article 22

1. Nothing in this Convention shall be interpreted as derogating from the general principles of international law, in particular the principles of international humanitarian law, as well as the African Charter on Human and Peoples’ Rights.

2. Any dispute that may arise between the States Parties regarding the interpretation or application of this Convention shall be amicably settled by direct agreement between them. Failing such settlement, any one of the State Parties may refer the dispute to the International Court of Justice in conformity with the Statute of the Court or by arbitration by other States Parties to this Convention.

Article 23

The original of this Convention, of which the Arabic, English, French and Portuguese texts are equally authentic, shall be deposited with the Secretary General of the Organization of African Unity.

Annex

List of international instruments

(a) Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963;

(b) Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971 and the Protocol thereto of 1984;

(c) New York Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents of 1973;

(d) International Convention against the Taking of Hostages of 1979;

(e) Convention on the Physical Protection of Nuclear Material of 1979;

(f) United Nations Convention on the Law of the Sea of 1982;

(g) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1988;

(h) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf of 1988;


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(i) Convention for the Suppression of Unlawful Acts against Maritime Navigation of 1988;

(j) Convention on the Marking of Plastic Explosives of 1991;

(k) International Convention for the Suppression of Terrorist Explosive Bombs of 1997;

(l) Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction of 1997.

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2. African Union Convention on Preventing and Combating Corruption, 2003

Signed in Maputo on 11 July 2003 Entry into force on 5 August 2006, in accordance with the article 23

PREAMBLE

The Member States of the African Union:

Considering that the Constitutive Act of the African Union recognizes that freedom, equality, justice, peace and dignity are essential objectives for the achievement of the legitimate aspiration of the African peoples;

Further considering that Article 3 of the said Constitutive Act enjoins Member States to coordinate and intensify their cooperation, unity, cohesion and efforts to achieve a better life for the peoples of Africa;

Cognizant of the fact that the Constitutive Act of the African Union, inter alia, calls for the need to promote and protect human and peoples’ rights, consolidate democratic institutions and foster a culture of democracy and ensure good governance and the rule of law;

Aware of the need to respect human dignity and to foster the promotion of economic, social, and political rights in conformity with the provisions of the African Charter on Human and People’s Rights and other relevant human rights instruments;

Bearing in mind the 1990 Declaration on the Fundamental Changes Taking Place in the World and their Implications for Africa; the 1994 Cairo Agenda for Action Relaunching Africa’s Socio-economic Transformation; and the Plan of Action Against Impunity adopted by the Nineteenth Ordinary Session of the African Commission on Human and Peoples Rights in 1996 as subsequently endorsed by the Sixty fourth Ordinary Session of the Council of Ministers held in Yaounde, Cameroon in 1996 which, among others, underlined the need to observe principles of good governance, the primacy of law, human rights, democratization and popular participation by the African peoples in the processes of governance. Concerned about the negative effects of corruption and impunity on the political, economic, social and cultural stability of African States and its devastating effects on the economic and social development of the African peoples;

Acknowledging that corruption undermines accountability and transparency in the management of public affairs as well as socio-economic development on the continent;

Recognizing the need to address the root causes of corruption on the continent;


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Convinced of the need to formulate and pursue, as a matter of priority, a common penal policy aimed at protecting the society against corruption, including the adoption of appropriate legislative and adequate preventive measures;

Determined to build partnerships between governments and all segments of civil society, in particular, women, youth, media and the private sector in order to fight the scourge of corruption;

Recalling resolution AHG-Dec 126(XXXIV) adopted by the Thirty-fourth Ordinary Session of the Assembly of Heads of State and Government in June 1998 in Ouagadougou, Burkina Faso, requesting the Secretary General to convene, in cooperation with the African Commission on Human and Peoples’ Rights, a high level meeting of experts to consider ways and means of removing obstacles to the enjoyment of economic, social and cultural rights, including the fight against corruption and impunity and propose appropriate legislative and other measures;

Further Recalling the decision of the 37th ordinary session of the Assembly of Heads of State and Government of the OAU held in Lusaka, Zambia, in July 2001 as well as the Declaration adopted by the first session of the Assembly of the Union held in Durban, South Africa in July 2002, relating to the New Partnership for Africa's Development (NEPAD) which calls for the setting up of a coordinated mechanism to combat corruption effectively.


Article 1

Definitions

1. For the purposes of this Convention;

“Chairperson of the Commission” means Chairperson of the Commission of the African Union;

“Confiscation” means any penalty or measure resulting in a final deprivation of property, proceeds or instrumentalities ordered by a court of law following proceedings in relation to a criminal offence or offences connected with or related to corruption;

“Corruption” means the acts and practices including related offences proscribed in this Convention;

“Court of Law” means a court duly established by a domestic law;

“Executive Council” means the Executive Council of the African Union;

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"Illicit enrichment" means the significant increase in the assets of a public official or any other person which he or she cannot reasonably explain in relation to his or her income.

“Private Sector” means the sector of a national economy under private ownership in which the allocation of productive resources is controlled by market forces, rather than public authorities and other sectors of the economy not under the public sector or government;

“Proceeds of Corruption” means assets of any kind corporeal or incorporeal, movable or immovable, tangible or intangible and any document or legal instrument evidencing title to or interests in such assets acquired as a result of an act of corruption;

“Public official” means any official or employee of the State or its agencies including those who have been selected, appointed or elected to perform activities or functions in the name of the State or in the service of the State at any level of its hierarchy;

“Requested State Party” means a State Party requested to extradite or to provide assistance under this Convention;

“Requesting State Party” means a State Party making a request for extradition or assistance in terms of t his Convention;

“State Party” means any Member State of the African Union which has ratified or acceded to this Convention and has deposited its instruments of ratification or accession with the Chairperson of the Commission of the African Union.

2. In this Convention, the singular shall include the plural and vice versa.

Article 2

Objectives

The objectives of this Convention are to:

1. Promote and strengthen the development in Africa by each State Party, of mechanisms required to prevent, detect, punish and eradicate corruption and related offences in the public and private sectors.

2. Promote, facilitate and regulate cooperation among the State Parties to ensure the effectiveness of measures and actions to prevent, detect, punish and eradicate corruption and related offences in Africa.

3. Coordinate and harmonize the policies and legislation between State Parties for the purposes of prevention, detection, punishment and eradication of corruption on the continent.


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4. Promote socio-economic development by removing obstacles to the enjoyment of economic, social and cultural rights as well as civil and political rights.

5. Establish the necessary conditions to foster transparency and accountability in the management of public affairs.

Article 3

Principles

The State Parties to this Convention undertake to abide by the following principles:

1. Respect for democratic principles and institutions, popular participation, the rule of law and good governance.

2. Respect for human and peoples’ rights in accordance with the African Charter on Human and Peoples Rights and other relevant human rights instruments.

3. Transparency and accountability in the management of public affairs.

4. Promotion of social justice to ensure balanced socio-economic development.

5. Condemnation and rejection of acts of corruption, related offences and impunity.

Article 4

Scope of Application

1. This Convention is applicable to the following acts of corruption and related offences:

(a) the solicitation or acceptance, directly or indirectly, by a public official or any other person, of any goods of monetary value, or other benefit, such as a gift, favour, promise or advantage for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions;

(b) the offering or granting, directly or indirectly, to a public official or any other person, of any goods of monetary value, or other benefit, such as a gift, favour, promise or advantage for himself or herself or for another person or entity, in exchange for any act or omission in the performance of his or her public functions;

(c) any act or omission in the discharge of his or her duties by a public official or any other person for the purpose of illicitly obtaining benefits for himself or herself or for a third party;

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(d) the diversion by a public official or any other person, for purposes unrelated to those for which they were intended, for his or her own benefit or that of a third party, of any property belonging to the State or its agencies, to an independent agency, or to an individual, that such official has received by virtue of his or her position;

(e) the offering or giving, promising, solicitation or acceptance, directly or indirectly, of any undue advantage to or by any person who directs or works for, in any capacity, a private sector entity, for himself or herself or for anyone else, for him or her to act, or refrain from acting, in breach of his or her duties;

(f) the offering, giving, solicitation or acceptance directly or indirectly, or promising of any undue advantage to or by any person who asserts or confirms that he or she is able to exert any improper influence over the decision making of any person performing functions in the public or private sector in consideration thereof, whether the undue advantage is for himself or herself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such an advantage, in consideration of that influence, whether or not the influence is exerted or whether or not the supposed influence leads to the intended result;

(g) illicit enrichment;

(h) the use or concealment of proceeds derived from any of the acts referred to in this Article; and

(i) participation as a principal, co-principal, agent, instigator, accomplice or accessory after the fact, or on any other manner in the commission or attempted commission of, in any collaboration or conspiracy to commit, any of the acts referred to in this article.

2. This Convention shall also be applicable by mutual agreement between or among two or more State Parties with respect to any other act or practice of corruption and related offences not described in this Convention.

Article 5

Legislative and other Measures

For the purposes set-forth in Article 2 of this Convention, State Parties undertake to:

1. Adopt legislative and other measures that are required to establish as offences, the acts mentioned in Article 4 paragraph 1 of the present Convention.

2. Strengthen national control measures to ensure that the setting up and operations of foreign companies in the territory of a State Party shall be subject to the respect of the national legislation in force.


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3. Establish, maintain and strengthen independent national anticorruption authorities or agencies.

4. Adopt legislative and other measures to create, maintain and strengthen internal accounting, auditing and follow-up systems, in particular, in the public income, custom and tax receipts, expenditures and procedures for hiring, procurement and management of public goods and services.

5. Adopt legislative and other measures to protect informants and witnesses in corruption and related offences, including protection of their identities.

6. Adopt measures that ensure citizens report instances of corruption without fear of consequent reprisals.

7. Adopt national legislative measures in order to punish those who make false and malicious reports against innocent persons in corruption and related offences.

8. Adopt and strengthen mechanisms for promoting the education of populations to respect the public good and public interest, and awareness in the fight against corruption and related offences, including school educational programmes and sensitization of the media, and the promotion of an enabling environment for the respect of ethics.

Article 6

Laundering of the Proceeds of Corruption

States Parties shall adopt such legislative and other measures as may be necessary to establish as criminal offences:

(a) The conversion, transfer or disposal of property, knowing that such property is the proceeds of corruption or related offences for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the offence to evade the legal consequences of his or her action.

(b) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property which is the proceeds of corruption or related offences;

(c) The acquisition, possession or use of property with the knowledge at the time of receipt, that such property is the proceeds of corruption or related offences;

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Article 7

Fight Against Corruption and Related Offences in the Public Service

In order to combat corruption and related offences in the public service, State Parties commit themselves to:

1. Require all or designated public officials to declare their assets at the time of assumption of office during and after their term of office in the public service.

2. Create an internal committee or a similar body mandated to establish a code of conduct and to monitor its implementation, and sensitize and train public officials on matters of ethics.

3. Develop disciplinary measures and investigation procedures in corruption and related offences with a view to keeping up with technology and increase the efficiency of those responsible in this regard.

4. Ensure transparency, equity and efficiency in the management of tendering and hiring procedures in the public service.

5. Subject to the provisions of domestic legislation, any immunity granted to public officials shall not be an obstacle to the investigation of allegations against and the prosecution of such officials.

Article 8

Illicit Enrichment

1. Subject to the provisions of their domestic law, State Parties undertake to adopt necessary measures to establish under their laws an offence of illicit enrichment.

2. For State Parties that have established illicit enrichment as an offence under their domestic law, such offence shall be considered an act of corruption or a related offence for the purposes of this Convention.

3. Any State Party that has not established illicit enrichment as an offence shall, in so far as its laws permit, provide assistance and cooperation to the requesting State with respect to the offence as provided in this Convention.


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Article 9

Access to Information

Each State Party shall adopt such legislative and other measures to give effect to the right of access to any information that is required to assist in the fight against corruption and related offences.

Article 10

Funding of Political Parties

Each State Party shall adopt legislative and other measures to:

(a) Proscribe the use of funds acquired through illegal and corrupt practices to finance political parties; and

(b) Incorporate the principle of transparency into funding of political parties.

Article 11

Private Sector

State Parties undertake to:

1. Adopt legislative and other measures to prevent and combat acts of corruption and related offences committed in and by agents of the private sector.

2. Establish mechanisms to encourage participation by the private sector in the fight against unfair competition, respect of the tender procedures and property rights.

3. Adopt such other measures as may be necessary to prevent companies from paying bribes to win tenders.

Article 12

Civil Society and Media

State Parties undertake to:

1. Be fully engaged in the fight against corruption and related offences and the popularisation of this Convention with the full participation of the Media and Civil Society at large;

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2. Create an enabling environment that will enable civil society and the media to hold governments to the highest levels of transparency and accountability in the management of public affairs;

3. Ensure and provide for the participation of Civil Society in the monitoring process and consult Civil Society in the implementation of this Convention;

4. Ensure that the Media is given access to information in cases of corruption and related offences on condition that the dissemination of such information does not adversely affect the investigation process and the right to a fair trial.

Article 13

Jurisdiction

1. Each State Party has jurisdiction over acts of corruption and related offences when:

(a) the breach is committed wholly or partially inside its territory;

(b) the offence is committed by one of its nationals outside its territory or by a person who resides in its territory; and

(c) the alleged criminal is present in its territory and it does not extradite such person to another country.

(d) when the offence, although committed outside its jurisdiction, affects, in the view of the State concerned, its vital interests or the deleterious or harmful consequences or effects of such offences impact on the State Party.

2. This Convention does not exclude any criminal jurisdiction exercised by a State Party in accordance with its domestic law.

3. Notwithstanding the provision of paragraph I of this Article, a person shall not be tried twice for the same offence.

Article 14

Minimum Guarantees of a Fair Trial

Subject to domestic law, any person alleged to have committed acts of corruption and related offences shall receive a fair trial in criminal proceedings in accordance with the minimum guarantees contained in the African Charter on Human and Peoples’ Rights and any other relevant international human rights instrument recognized by the concerned States Parties.


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Article 15

Extradition

1. This Article shall apply to the offences established by the State Parties in accordance with this Convention.

2. Offences falling within the jurisdiction of this Convention shall be deemed to be included in the internal laws of State Parties as crimes requiring extradition. State Parties shall include such offences as extraditable offences in extradition treaties existing between or among them.

3. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from a State Party with which it does not have such treaty, it shall consider this Convention as a legal basis for all offences covered by this Convention.

4. A State Party that does not make extradition conditional on the existence of a treaty shall recognize offences to which this Convention applies as extraditable offences among themselves.

5. Each State Party undertakes to extradite any person charged with or convicted of offences of corruption and related offences, carried out on the territory of another State Party and whose extradition is requested by that State Party, in conformity with their domestic law, any applicable extradition treaties, or extradition agreements or arrangements existing between or among the State Parties.

6. Where a State Party in whose territory any person charged with or convicted of offences is present and has refused to extradite that person on the basis that it has jurisdiction over offences, the Requested State Party shall be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution, unless otherwise agreed with the Requesting State Party, and shall report the final outcome to the Requesting State Party.

7. Subject to the provisions of its domestic law and any applicable extradition treaties, a Requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the Requesting State Party, take into custody a person whose extradition is sought and who is present in its territory, or take other appropriate measures to ensure that the person is present at the extradition proceedings.

Article 16

Confiscation and Seizure of the Proceeds and Instrumentalities of Corruption

1. Each State Party shall adopt such legislative measures as may be necessary to enable:

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(a) its competent authorities to search, identify, trace, administer and freeze or seize the instrumentalities and proceeds of corruption pending a final judgement;

(b) confiscation of proceeds or property, the value of which corresponds to that of such proceeds, derived, from offences established in accordance with this convention;

(c) repatriation of proceeds of corruption.

2. The Requested State Party shall, in so far as its law permits and at the request of the Requesting State Party, seize and remit any object:

(a) which may be required as evidence of the offence in question; or

(b) which has been acquired as a result of the offence for which extradition is requested and which, at the time of arrest is found in possession of the persons claimed or is discovered subsequently.

3. The objects referred to in clause 2 of this Article may, if the Requesting State so requests, be handed over to that State even if the extradition is refused or cannot be carried out due to death, disappearance or escape of the person sought.

4. When the said object is liable for seizure or confiscation in the territory of the Requested State Party the latter may, in connection with pending or ongoing criminal proceedings, temporarily retain it or hand it over to the Requesting State Party, on condition that it is returned to the Requested State Party.

Article 17

Bank Secrecy

1. Each State Party shall adopt such measures necessary to empower its courts or other competent authorities to order the confiscation or seizure of banking, financial or commercial documents with a view to implementing this Convention.

2. The Requesting State shall not use any information received that is protected by bank secrecy for any purpose other than the proceedings for which that information was requested, unless with the consent of the Requested State Party.

3. State Parties shall not invoke banking secrecy to justify their refusal to cooperate with regard to acts of corruption and related offences by virtue of this Convention.

4. State Parties commit themselves to enter into bilateral agreements to waive banking secrecy on doubtful accounts and allow competent authorities the right to obtain from banks and financial institutions, under judicial cover, any evidence in their possession.


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Article 18

Cooperation and Mutual Legal Assistance

1. In accordance with their domestic laws and applicable treaties, State Parties shall provide each other with the greatest possible technical cooperation and assistance in dealing immediately with requests from authorities that are empowered by virtue of their national laws to prevent, detect, investigate and punish acts of corruption and related offences.

2. If two or several State Parties have established relations on the basis of uniform legislation or a particular regime, they may have the option to regulate such mutual relations without prejudice to the provisions of this Convention.

3. State Parties shall co-operate among themselves in conducting and exchanging studies and researches on how to combat corruption and related offences and to exchange expertise relating to preventing and combating corruption and related offences.

4. State Parties shall co-operate among themselves, where possible, in providing any available technical assistance in drawing up programmes, codes of ethics or organizing, where necessary and for the benefit of their personnel, joint training courses involving one or several states in the area of combating corruption and related offences.

5. The provisions of this Article shall not affect the obligations under any other bilateral or multilateral treaty which governs, in whole or in part, mutual legal assistance in criminal matters.

6. Nothing in this Article shall prevent State Parties from according one another more favourable forms of mutual legal assistance allowed under their respective domestic law.

Article 19

International Cooperation

In the spirit of international cooperation, State Parties shall:

1. Collaborate with countries of origin of multi-nationals to criminalise and punish the practice of secret commissions and other forms of corrupt practices during international trade transactions.

2. Foster regional, continental and international cooperation to prevent corrupt practices in international trade transactions.

3. Encourage all countries to take legislative measures to prevent corrupt public officials from enjoying ill-acquired assets by freezing their foreign accounts and facilitating the repatriation of stolen or illegally acquired monies to the countries of origin.

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4. Work closely with international, regional and sub regional financial organizations to eradicate corruption in development aid and cooperation programmes by defining strict regulations for eligibility and good governance of candidates within the general framework of their development policy.

5. Cooperate in conformity with relevant international instruments on international cooperation on criminal matters for purposes of investigations and procedures in offences within the jurisdiction of this Convention.

Article 20

National Authorities

1. For the purposes of cooperation and mutual legal assistance provided under this Convention, each State Party shall communicate to the Chairperson of the Commission at the time of signing or depositing its instrument of ratification, the designation of a national authority or agency in application of offences established under Article 4 (1) of this Convention.

2. The national authorities or agencies shall be responsible for making and receiving the requests for assistance and cooperation referred to in this Convention.

3. The national authorities or agencies shall communicate with each other directly for the purposes of this Convention.

4. The national authorities or agencies shall be allowed the necessary independence and autonomy, to be able to carry out their duties effectively.

5. State Parties undertake to adopt necessary measures to ensure that national authorities or agencies are specialized in combating corruption and related offences by, among others, ensuring that the staff are trained and motivated to effectively carry out their duties.

Article 21

Relationship with other Agreements

Subject to the provisions of Article 4 paragraph 2, this Convention shall in respect to those State Parties to which it applies, supersede the provisions of any treaty or bilateral agreement governing corruption and related offences between any two or more State Parties.

African Union Convention on Preventing and Combating Corruption, 2003


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Article 22

Follow up Mechanism

1. There shall be an Advisory Board on Corruption within the African Union.

2. The Board shall comprise 11 members elected by the Executive Council from among a list of experts of the highest integrity, impartiality, and recognized competence in matters relating to preventing and combating corruption and related offences, proposed by the State Parties. In the election of the members of the board, the Executive Council shall ensure adequate gender representation, and equitable geographical representation.

3. The members of the Board shall serve in their personal capacity.

4. Members of the Board shall be appointed for a period of two years, renewable once.

5. The functions of the Board shall be to:

(a) promote and encourage adoption and application of anticorruption measures on the continent;

(b) collect and document information on the nature and scope of corruption and related offences in Africa;

(c) develop methodologies for analyzing the nature and extent of corruption in Africa, and disseminate information and sensitize the public on the negative effects of corruption and related offences;

(d) advise governments on how to deal with the scourge of corruption and related offences in their domestic jurisdictions;

(e) collect information and analyze the conduct and behaviour of multi-national corporations operating in Africa and disseminate such information to national authorities designated under Article 18 (1) hereof;

(f) develop and promote the adoption of harmonized codes of conduct of public officials;

(g) build partnerships with the African Commission on Human and Peoples’ Rights, African civil society, governmental. Intergovernmental and non-governmental organizations to facilitate dialogue in the fight against corruption and related offences;

(h) submit a report to the Executive Council on a regular basis on the progress made by each State Party in complying with the provisions of this Convention;

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(i) perform any other task relating to corruption and related offences that may be assigned to it by the policy organs of the African Union.

6. The Board shall adopt its own rules of procedure.

7. States Parties shall communicate to the Board within a year after the coming into force of the instrument, on the progress made in the implementation of this Convention. Thereafter, each State Party, through their relevant procedures, shall ensure that the national anticorruption authorities or agencies report to the Board at least once a year before the ordinary sessions of the policy organs of the AU.

Final clauses

Article 23

Signature, ratification, accession and Entry into Force

1. The present Convention shall be open for signature, ratification or accession by the Member States of the African Union.

2. The Convention shall enter into force thirty (30) days after the date of the deposit of the fifteenth instrument of ratification or accession.

3. For each State Party ratifying or acceding to the Convention after the date of the deposit of the fifteenth Instrument of Ratification, the Convention shall enter into force thirty (30) days after the date of the deposit by that State of its instrument of ratification or accession.

Article 24

Reservations

1. Any State Party may, at the time of adoption, signature, ratification or accession, make reservation to this Convention provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purposes of this Convention.

2. Any State Party which has made any reservation shall withdraw it as soon as circumstances permit. Such withdrawal shall be made by notification to the Chairperson of the Commission.

Article 25

Amendment

1. This Convention may be amended if any State Party makes a written request to the Chairperson of the Commission.


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2. The Chairperson of the Commission shall circulate the proposed amendments to all State Parties. The proposed amendments shall not be considered by the State Parties until a period of six (6) months from the date of circulation of the amendment has elapsed.

3. The amendments shall enter into force when approved by a two-thirds majority of the Member States of the AU.

Article 26

Denunciation

1. Any state Party may denounce the present Convention by sending notification to the Chairperson of the Commission. This denunciation shall take effect six (6) months following the date of receipt of notification by the Chairperson of the Commission.

2. After denunciation, cooperation shall continue between State Parties and the State Party that has withdrawn on all requests for assistance or extradition made before the effective date of withdrawal.

Article 27

Depository

1. The Chairperson of the Commission shall be the depository of this Convention and the amendments thereto.

2. The Chairperson of the Commission shall inform all State Parties of the signatures, ratifications, accessions, entry into force, requests for amendments submitted by States and approvals thereof and denunciations.

3. Upon entry into force of this Convention, the Chairperson of the Commission shall register it with the Secretary General of the United Nations in accordance with Article 102 of the Charter of the United Nations.

Article 28

Authentic Texts

The original of this Convention, of which the Arabic, English, French and Portuguese texts are equally authentic, shall be deposited with the Chairperson of the Commission.

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In witness whereof WE, the Heads of State and Government of the African Union, or our duly authorized representatives have adopted this Convention.

Adopted by the 2nd Ordinary Session of the Assembly of the Union Maputo on 11 July 2003


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3. Protocol to the Organization of African Unity Convention on the Prevention and Combating of Terrorism, 2004

Signed at Addis-Ababa on 8 July 2004 Entered into force: in accordance with article 10

We, the Heads of State and Government of the Member States of the African Union;

Gravely concerned at the increasing incidence of terrorist acts worldwide, including in Africa, and the growing risks of linkages between terrorism and mercenarism, weapons of mass destruction, drug trafficking, corruption, transnational organized crimes, money laundering, and the illicit proliferation of small arms;

Determined to combat terrorism in all its forms and manifestations and any support thereto in Africa;

Aware of the capabilities of the perpetrators of terrorist acts to use sophisticated technology and communication systems for organizing and carrying out their terrorist acts;

Bearing in mind that the root causes of terrorism are complex and need to be addressed in a comprehensive manner;

Convinced that acts of terrorism cannot be justified under any circumstances;

Determined to ensure Africa’s active participation, cooperation and coordination with the international community in its determined efforts to combat and eradicate terrorism;

Guided by the principles and regulations enshrined in international conventions and the relevant decisions of the United Nations (UN) to prevent and combat terrorism, including resolution 1373 adopted by the Security Council on 28 September 2001, and the relevant General Assembly resolutions;

Reaffirming our commitment to the OAU Convention for the Elimination of Mercenarism in Africa, adopted in Libreville, Gabon, in July 1977;

Reaffirming our commitment to the Code of Conduct for Inter-African Relations adopted by the Thirtieth Ordinary Session of the Assembly of Heads of State and Government of the Organization of African Unity (OAU) held in Tunis, Tunisia, from 13 to 15 June 1994 Reaffirming our commitment to the OAU Convention on the Prevention and Combating of Terrorism adopted by the 35th OAU Summit in Algiers, Algeria, in July 1999;

Recalling the Dakar Declaration against terrorism adopted by the African Summit meeting, held in Dakar, Senegal, in October 2001;

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Further recalling the Plan of Action for the Prevention and Combating of Terrorism adopted by the Intergovernmental High Level meeting of Member States of the African Union, held in Algiers, Algeria, in September 2002;

Considering the Constitutive Act of the African Union, as well as the Protocol Relating to the Establishment of the Peace and Security Council of the African Union adopted by the Inaugural Summit of the Union in Durban, South Africa, in July 2002;

Reiterating our conviction that terrorism constitutes a serious violation of human rights and a threat to peace, security, development, and democracy;

Stressing the imperative for all Member States of the African Union to take all necessary measures to protect their populations from acts of terrorism and to implement all relevant continental and international humanitarian and human rights instruments; and

Desirous of ensuring the effective implementation of the OAU Convention on the Prevention and Combating of Terrorism.


Article 1

Definitions

1. "Assembly” means the Assembly of Heads of State and Government of the African Union;

2. "Chairperson” means the Chairperson of the African Union;

3. “Commission” means the Commission of the African Union;

4. “Commissioner” means the Commissioner in charge of peace and security issues at the Commission of the African Union;

5. “Convention” means the OAU Convention on the Prevention and Combating of Terrorism adopted by the 35th OAU Summit in Algiers in July 1999;

6. “Member State" means any Member State of the African Union;

7. “Peace and Security Council (PSC)” means the Peace and Security Council of the African Union;

8. “Plan of Action” means the African Union Plan of Action on the Prevention and Combating of Terrorism in Africa;


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9. “Protocol” means this Protocol to the Convention;

10. “Regional Mechanisms” means the African Regional Mechanisms for conflict prevention, management and resolution as established by the Regional Economic Communities;

11. “State Party” means any Member State of the African Union which has ratified or acceded to this Protocol;

12. “Terrorist Act” means any act as defined in Articles 1 and 3 of the Convention;

13. “Union” means the African Union;

14. “Weapons of Mass Destruction (WMD)” means biological, chemical and nuclear devices and explosives and their means of delivery.

Article 2

Purpose

1. This Protocol is adopted pursuant to Article 21 of the Convention as a supplement to the Convention.

2. Its main purpose is to enhance the effective implementation of the Convention and to give effect to Article 3(d) of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union, on the need to coordinate and harmonize continental efforts in the prevention and combating of terrorism in all its aspects, as well as the implementation of other relevant international instruments.

Article 3

Commitments by States

1. States Parties commit themselves to implement fully the provisions of the Convention. They also undertake, among other things, to:

(a) take all necessary measures to protect the fundamental human rights of their populations against all acts of terrorism;

(b) prevent the entry into, and the training of terrorist groups on their territories;

(c) identify, detect, confiscate and freeze or seize any funds and any other assets used or allocated for the purpose of committing a terrorist act, and to establish a mechanism to use such funds to compensate victims of terrorist acts or their families;

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(d) establish national contact points in order to facilitate the timely exchange and sharing of information on terrorist groups and activities at the regional, continental and international levels, including the cooperation of States for suppressing the financing of terrorism;

(e) take appropriate actions against the perpetrators of mercenarism as defined in the OAU Convention for the Elimination of Mercenarism in Africa, adopted in Libreville, in 1977, and other relevant applicable international instruments;

(f) strengthen national and regional measures in conformity with relevant continental and international Conventions and Treaties, to prevent the perpetrators of terrorist acts from acquiring weapons of mass destruction;

(g) cooperate with the international community in the implementation of continental and international instruments related to weapons of mass destruction;

(h) submit reports to the PSC on an annual basis, or at such regular intervals as shall be determined by the PSC, on measures taken to prevent and combat terrorism as provided for in the Convention, the AU Plan of Action and in this Protocol;

(i) report to the PSC all terrorist activities in their countries as soon as they occur;

(j) become parties to all continental and international instruments on the prevention and combating of terrorism; and

(k) outlaw torture and other degrading and inhumane treatment, including discriminatory and racist treatment of terrorist suspects, which are inconsistent with international law.

2. States Parties shall implement the provisions of paragraph 1 above on the basis of all relevant African and international Conventions and Treaties, in conformity with Article 22 of the Convention.

Article 4

Mechanism for implementation

The Peace and Security Council (PSC) shall be responsible for harmonizing and coordinating continental efforts in the prevention and combating of terrorism. In pursuing this endeavour, the PSC shall:

(a) establish operating procedures for information gathering, processing and dissemination;


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(b) establish mechanisms to facilitate the exchange of information among States Parties on patterns and trends in terrorist acts and the activities of terrorist groups and on successful practices on combating terrorism;

(c) present an annual report to the Assembly of the Union on the situation of terrorism on the Continent;

(d) monitor, evaluate and make recommendations on the implementation of the Plan of Action and programmes adopted by the African Union;

(e) examine all reports submitted by States Parties on the implementation of the provisions of this Protocol; and

(f) establish an information network with national, regional and international focal points on terrorism.

Article 5

The role of the Commission

1. Under the leadership of the Chairperson of the Commission, and in conformity with Article 10 paragraph 4 of the Protocol Relating to the Establishment of the Peace and Security Council, the Commissioner in charge of Peace and Security shall be entrusted with the task of following-up on matters relating to the prevention and combating of terrorism.

2. The Commissioner shall be assisted by the Unit established within the Peace and Security Department of the Commission and the African Centre for the Study and Research on Terrorism, and shall, among other things:

(a) provide technical assistance on legal and law enforcement matters, including on matters relating to combating the financing of terrorism, the preparation of model laws and guidelines to help Member States to formulate legislation and related measures for the prevention and combating of terrorism;

(b) follow-up with Member States and with regional mechanisms on the implementation of decisions taken by the PSC and other Organs of the Union on terrorism related matters;

(c) review and make recommendations on up-dating the programmes of the Union for the prevention and combating of terrorism and the activities of the African Centre for the Study and Research on Terrorism;

(d) develop and maintain a database on a range of issues relating to terrorism including experts and technical assistance available;

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(e) maintain contacts with regional and international organizations and other entities dealing with issues of terrorism; and

(f) provide advice and recommendations to Member States on a needs basis, on how to secure technical and financial assistance in the implementation of continental and international measures against terrorism.

Article 6

The role of regional mechanisms

Regional mechanisms shall play a complementary role in the implementation of this Protocol and the Convention.

They shall among other activities undertake the following:

(a) establish contact points on terrorism at the regional level;

(b) liaise with the Commission in developing measures for the prevention and combating of terrorism;

(c) promote cooperation at the regional level, in the implementation of all aspects of this Protocol and the Convention, in accordance with Article 4 of the Convention;

(d) harmonize and coordinate national measures to prevent and combat terrorism in their respective Regions;

(e) establish modalities for sharing information on the activities of the perpetrators of terrorist acts and on the best practices for the prevention and combating of terrorism;

(f) assist Member States to implement regional, continental and international instruments for the prevention and combating of terrorism; and

(g) report regularly to the Commission on measures taken at the regional level to prevent and combat terrorist acts.

Article 7


1. Any dispute or differences between States Parties arising from interpretation or application of the provisions of this Protocol shall be resolved amicably through direct consultations between the States Parties concerned.


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2. In the event of failure to settle the dispute under sub paragraph 1 above, either State Party may refer the dispute to the Assembly through the Chairperson, pending the entry into force of the Court of Justice of the African Union, which shall have jurisdiction over such disputes.

3. In the case where either or both States Parties are not Members of the Court of Justice of the African Union, either or both State Parties may refer the dispute to the International Court of Justice for a settlement in conformity with its Statutes.

Article 8

Extradition

1. The Convention shall constitute an adequate legal basis for extradition for States Parties that do not have extradition arrangements.

2. Should any dispute arise between State Parties on the interpretation or applicability of any existing bilateral extradition agreement or arrangement, the provisions of the Convention shall prevail with respect to extradition.

Article 9

Signature, ratification and accession

1. The present Protocol shall be open for signature, ratification or accession by the Member States of the Union in accordance with their respective constitutional procedures.

2. The ratification of or accession to this Protocol shall require the prior ratification of or accession to the Convention by Member States concerned.

Article 10

Entry into force

This Protocol shall enter into force thirty days after the deposit of the fifteenth (15th) instrument of ratification or accession.

Article 11

Amendments

1. Any State Party may propose amendment(s) to this Protocol by submitting a written request to the Commission, which shall circulate the said proposed amendments to all States Parties thereof.

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2. The amendment(s) shall be approved by a simple majority of States Parties.

3. The amendment(s) approved shall enter into force for each State Party which has accepted it, in accordance with its constitutional procedures, three months after the Chairperson of the Commission has received notice of the acceptance.

Article 12

Depository authority

This Protocol and all instruments of ratification or accession shall be deposited with the Chairperson of the Commission, who shall transmit certified true copies to all Member States and notify them of the dates of deposit of instruments of ratification by Member States and shall register it with the United Nations and any other Organization as may be decided by the Union.

Adopted by the third ordinary session of the Assembly of the African Union, Addis Ababa, 8 July 2004


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II. Instruments adopted by the Economic Community of the West African States (ECOWAS)

1. Convention on Mutual Assistance in Criminal Matters, 1992

Signed in Dakar on 29 July 1992 Entry into force on 28 October 1998, in accordance with the article 38

PREAMBLE

The Governments of the Member States of the Economic Community of West African States,

Considering that the main objective of the Community is to achieve integration in all fields of activity of its Member States;

Believing that the adoption of common rules in the field of mutual assistance in criminal matters will contribute to this aim by furthering the development of integration;

Desirous of extending to each other the widest mutual legal assistance to combat offences of all kinds particularly of serious crimes, as an effective way of dealing with the complex aspects and serious consequences of criminality in all its forms and new dimensions;

Aware of the interest in the proper administration of justice while conscious of the need to respect human dignity and to assure the orderly pursuit of criminal proceedings among the Member States, thus reinforcing mutual assistance in criminal matters;


Chapter 1. Definitions

Article 1

For the purpose of this Convention, the following definitions shall apply:

"Treaty" means the Treaty of the Economic Community of West African States;

“Community" means the Economic Community of West African States, created by Article 1 of the Treaty;

"Member State" or "Member States" means a Member State or Member States of the Community;

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"Requesting Member State" means a Member State which has made a request for assistance under this Convention;

"Requested Member State" means a Member State to which a request for assistance under this Convention has been made;

"Authority" means the Authority of Heads of State and Governments of the Community, created by Article 5 of the Treaty;

"Council"· means the Council of Ministers of the Community created by Article 6 of the Treaty;

"Competent Authority" means the Minister of Justice of a Member State;

"Executive Secretariat" means the Executive Secretariat of the Community created by Article 8, paragraph 1 of the Treaty;

"Executive Secretary" means the Executive Secretary of the Community, appointed by virtue of Article 8 , paragraph 2 of the Treaty;

"Offence" or "Offences" means the fact or- facts which constitute a criminal offence or criminal offences under the laws of the Member State;

"Sanctions" means all penal ties or measures incurred or pronounced as a result of a criminal offence;

"Proceeds of crime" means any property suspected, or found by a court, to be property directly or indirectly 4erived or realized as a result of the commission of an offence or to represent the value of property and other benefits from- the commission of an offence.

Chapter II. Mutual assistance

Article 2


1. Member States undertake to afford to each other, in accordance with the' provisions of this Convention, the widest measure of mutual assistance in proceedings or investigations in respect of offences the punishments of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting Member state.

2. Mutual assistance in the provisions of this Convention applies to;

a) taking evidence or statements from persons;


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b) assisting in assuring the availability of detained persons or others to give evidence or assist in investigations;

c) effecting service of judicial documents;

d) executing searches and seizures;

e) forfeitures and confiscations of the proceeds of crime;

f) examining objects and sites;

g) providing information and evidentiary items;

h) providing originals or certified copies of relevant documents and records, including bank, financial, corporate or business records.

3. The Convention does not apply to:

a) the arrest or detention of any person with a view to the extradition of that person;

b) the enforcement in the requested Member State of criminal judgments imposed in the requesting Member State except to the extent permitted by the laws of the requested Member State;

c) the transfer of persons in custody to serve sentences.

Article 3

Competent Authority

Request for mutual assistance shall be made or received by the competent authority in a Member State.

Article 4

Refusal of Assistance

1. Assistance may be refused if:

(a) the requested Member State is of the opinion the request, if granted, would prejudice sovereignty, security and public order;

(b) the offence is regarded by the requested Member State as being of a political nature;

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(c) there are substantial grounds for believing that the request for assistance has been made for the purpose of prosecuting a person on account of that persons's race, sex, religion, nationality, ethnic origin or political opinions or that that person's position may be prejudiced for any of those reasons;

(d) the request relates to an offence that is subject to investigation or prosecution in the requested Member State or the prosecution of which in the requesting Member State would be incompatible with the requested Member State's law on double jeopardy;

(e) the assistance requested requires the requested Member State to carry out compulsory measures that would be contrary to its laws and practice had the offence been the subject of investigation or prosecution under its own jurisdiction;

(f) the request is in respect of offences related military law which do not constitute offences under ordinary criminal law.

2. Assistance shall not be refused solely on the grounds of secrecy of banks and of similar financial institutions.

3. The requested Member State may postpone the execution of the request if its immediate execution would interfere with an ongoing investigation or prosecution in the territory of the requested Member State.

4. Before refusing a request or postponing its execution, the requested Member State shall consider whether assistance may be granted subject to certain conditions. If the requested Member State accepts assistance subject to these conditions, it shall comply with them.

5. Reasons shall be given for any refusal or postponement of mutual assistance.

Article 5

Contents of Requests

1. Request for assistance shall be made in writing and shall include:

(a) the name of the competent authority coordinating the investigation or court proceedings to which the request relatesj;

(b) the purpose of the request and a brief description of the assistance sought;

(c) a description of the facts alleged to constitute the offence and a statement or text of the relevant laws, except in cases of a request for service of documents;

(d) the identity, nationality and address of the person to be served, where necessary;


483

(e) the reasons for and details of any particular procedure or requirement that the requesting Member State wishes to be followed, including a statement as to whether sworn or affirmed evidence or statements are required;

(f) specifications of any time-'limit within which compliance with the request is desired;

(g) such other information as is ,necessary for the proper execution of the request.

2. Requests, supporting documents and other communications made pursuant to this Convention shall be written in one or the other of the official languages of the Community or in another language acceptable to the requested Member State.

3 If the requested Member State considers that the information contained in the request is not sufficient to enable the request to be dealt with, it may request additional information.

Article 6

Execution of Requests

1. Requests for assistance shall be carried out promptly, in the manner provided for by the laws and practice of the requested Member State. To the extent consistent with its laws and practice, the requested Member State shall carry out the request in the manner specified by the requesting Member State.

2. At the request of the requesting Member State the requested Member State shall state the date and place of execution of the demand. Officials and interested persons may be present if the requested Member State consents.

Article 7

Return of Material to the Requested Member State

Any property, as well as original records or documents, handed over to the requesting Member State under this Convention shall be returned to the requested Member State as soon. as possible unless the latter waives its right of return thereof.

Article 8

Limitation on Use

The requesting Member State shall not, without the consent of the requested Member State use or transfer information or evidence provided by the requested Member State for investigation or proceedings other than those stated in the request. However, in cases where

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the charge is altered, the material provided may be used in so far as the offence, as charged, is an offence in respect of which mutual assistance may be provided under this Convention.

Article 9

Protection of Confidentiality

Upon Request:

(a) the requested Member State shall do its utmost to keep confidential the request for assistance, its contents and supporting documents as well as the fact of granting such assistance. If the request cannot be executed without breaching confidentiality, the requested Member State shall so inform the requesting Member State which shall then determine whether the request should be executed - notwithstanding;

(b) the requesting Member State shall keep confidential evidence and information provided- by the requested Member State, except to the extent that such evidence and information is needed for the investigation and proceedings described in the request.

Article 10

Service of Documents and Decisions

1. The requested Member State shall effect service of writs and records of judicial verdicts which are transmitted to it for this purpose by the requesting Member State.

2. Service may be effected by simple transmission of the writ or record to the person to be served. If the requesting Member State expressly so requests, service shall be effected by the requested Member State in the manner so provided for the service of analogous documents under its own laws or in the special manner consistent with such laws.

3. Proof of service shall be given by means of a receipt dated and signed by the person served or by means of a declaration made by the requested Member State that service has been effected and stating the form and date of such service. One or the other of these documents shall be sent immediately to the requesting Member State. The requested Member State shall if the requesting Member State so requests, state whether service has been effected inaccordance with the law of the requested Member State. If.service cannot be effected, the reasons shall be communicated immediately by the requested Member State to the requesting Member State.

4. A request to effect service of summonses shall be made to a requested Member State not less than 60 days before the date on which the appearance of a person is required. In urgent cases, the requested Member State may reduce the time requirement.


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Article 11

Obtaining of Evidence

1. The requested Member State shall, in conformity with its laws and upon request take the sworn or affirmed testimony or otherwise obtain statements of persons or require them to provide items of evidence for transmission to the requesting Member State.

2. Upon request of the requesting Member State, the parties to the relevant proceedings in the requesting Member State, their legal representatives and representatives of the requesting Member State may, subject to the laws and procedures of the requested Member State, be present at the proceedings.

Article 12

Right or Obligation to Decline to Give Evidence

1. A person who is requested to give evidence may decline where either:

(a) the laws of the requested Member State permit or require that person to decline to give evidence in similar circumstances in proceedings originating in the requested Member State; or

(b) the laws of the requesting Member State permit or require that person to decline to give evidence in similar circumstances in proceedings originating in the requesting Member State.

2. If a person claims that there is a right or obligation to decline to give evidence under the laws of the other Member State, the Member State where that person is present shall, with respect thereto, rely on a certificate of a competent authority. of the other Member State as evidence of the existence or non-existence of that right or obligation.

Article 13

Availability of Persons in Custody to Give Evidence or to Assist in Investigations

1. At the request of the requesting Member State, and if the requested Member State agrees and its laws so permit, a person in custody in the territory of the requested Member State may, subject to his or her consent, be temporarily transferred to the territory of the requesting Member State to give evidence or to assist in the investigations.

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Article 14

Availability of Other Persons to Give Evidence or Assist in Investigations

1. The requesting Member State may request the assistance of the requested Member State in inviting a person:

(a) to appear in proceedings in relation to a criminal matter in the requesting Member State unless that person is the person charged: or

(b) to assist in the investigations in relation to a criminal matter in the requesting Member State.

2. The requested Member State shall invite the person to appear as a witness or expert in proceedings or to assist in the investigations. Where appropriate, the requested Member State shall satisfy itself that necessary measures have been taken for the person’s safety.

3. The request or the summons shall indicate the approximate allowances and the travel and subsistence expenses payable by the requesting Member State. This amount shall be determined by the two Member States concerned.

4. Upon request, the requested Member State may grant the person an advance, which shall be refunded by the requesting Member State.

Article 15

Safe Conduct

1. Subject to paragraph 2 of this Article, where a person is in the requesting Member State pursuant to a request made under Article 13 or 14: a) that

2. While the person transferred is required to be held in custody under the laws of the requested Member State, the' requesting Member State shall hold that person in custody and shall return that person in custody to the requested Member State at the conclusion of the matter in relation to which transfer was sought or at such earlier time as the person's presence is no longer required.

3. Where the requested Member State advises the requesting Member State that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be dealt with in accordance with Article 14 of this Convention.

(a) that person shall not be detained, prosecuted, punished or subjected to any other restrictions of personal liberty in the requesting Member State in respect of any acts or omissions or convictions that preceded the person’s departure from the requested Member State.


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(b) that person shall not, without that person's consent, be required to give evidence in any proceedings or to assist in any investigation other than the proceeding or investigation to which the request relates.

2. Paragraph 1 of this Article spall cease to apply if that person, being free to leave, has not left the territory of the requesting Member State within a period of 15 consecutive days, or any longer period otherwise agreed on by the Member States, after that person has been officially told or notified that his or her presence is no longer required or, having left, has voluntarily returned.

3. A person who docs not con3ent to a request pursuant to Article 13 or accept an invitation pur3uhnt to Article 14 shall not, even if summons contain3 a notice of penalty, be, subjected to any punishment or measure or restraint, unles3 subsequently he voluntarily enter3 the territory of the requested Member State and is there again duly summoned.

Article 16

Provision of Public Available Documents and Other Records

1. The requested Member State shall provide copies of documents or records in so far as they are open to public access. as part of a public register or otherwise, or in so far as they are available for purchase or inspection by the public:

2. The requested Member State may provide copies of any other document or record under the same conditions as such document or record may be provided by its own- law enforcement and judicial authorities.

Article 17

Search and Seizure

The requested Member State shall, in so far as its law permits, carry out requests for search and seizure and delivery of any material to the requesting Member State for evidential purposes, provided that the rights of bona fide third parties are protected.

Chapter III. Forfeiture or confiscation of proceeds of crime

Article 18

Request for Forfeiture or Confiscation

The requested Member State shall, upon request, endeavour to ascertain whether any proceeds of the crime alleged are located within its jurisdiction and shall notify the requesting Member State of the results of its enquiries. In making the request, the requesting

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Member State shall notify the requested Member State of the basis of its belief that such proceeds of crime may be located within its jurisdiction.

Article 19

Investigations for Forfeiture or confiscation

1. In pursuance of a request made under Article 18, of this Convention, the requested Member State shall endeavour to trace assets, investigate financial dealings, and obtain other information or evidence that may help to secure the recovery of proceeds of crime.

2. Where, pursuant to Article 18 of this Convention suspected proceeds of crime are found, the requested Member State shall upon request take such measures as are permitted by its laws to prevent any dealing in, transfer or disposal of, those suspected proceeds of crime, pending a final determination in respect of those proceeds by a court of the requesting Member State.

Article 20

Effects of the Decision on Forfeiture or Confiscation

1. The requested Member State shall, to the extent permitted by its,law, give effect to or permit enforcement of a final order forfeiting or confiscating the proceeds of crime made by a court of the requesting Member State or take other appropriate action to secure the proceeds following a request by the requesting Member State.

2. The Member States shall ensure that the rights of bona fide third parties and victims shall be respected.

Chapter IV. Transfer of proceedings in criminal matters

Article 21


1. When a person is suspected of having committed an offence under the laws of a State, that State may, if the interests. of the proper administration of justice so require, request another Member State to take. proceedings in respect of this offence.

2. For the purposes of applying this Convention, the Member States shall take the necessary legislative measures to ensure that a request of the requesting Member State to take-proceedings shall allow the requested Member State .to exercise the necessary jurisdiction.


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Article 22

Channel of Communications

The request, suppo·rting documents and subsequent communications shall be transmitted to the competent authority in conformity with the provisions of Article 3 of this Convention.

Article 23

Contents of Requests

1. The request to take proceedings shall be made in writing and shall contain or be accompanied by documents containing the following information:

(a) the authority presenting the request;

(b) a description of the act for which transfer of proceedings is being requested, including the specific time and place of the offence;

(c) a statement on the results of investigations which substantiate the suspicion of an offence;

(d) the legal provisions of the requesting Member State on the basis of which the act is considered to be an offence;

(e) a reasonably exact statement of the identity, nationality and residence of the suspected person.

2. Request, supporting documents and other communications made pursuant to this Convention shall be written in one or the other of the official "languages' of the Community or in another language acceptable to the requested Member State.

3. If the requested Member State considers that the information contained in the request is not sufficient to enable the request to be dealt with, it may request additional information.

Article 24

Decision on the Request

The competent authorities of the requested Member State shall ; examine what actions to take on the request to take proceedings, in order to comply, as fully as possible, with the request under their .own laws, and shall promptly communicate their decision to the requesting Member State.

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Article 25

Dual-Criminality

A request to take proceedings can be complied with if only the act on which the request is based would be an offence if committed in the territory of the requested Member State.

Article 26

Grounds for Refusal

If the requested Member State refuses acceptance of a request for transfer of proceedings it shall communicate the reasons' for refusal to the requesting Member State. Acceptance may be refused if:

(a) the suspected person is not a national of or ordinary resident of the requested Member State;

(b) the act is an offence under military law, which is not also an offence under ordinary criminal law;

(c) the offence is regarded by the requested Member State as being of a political nature.

Article 27

The Position of the Suspected Person

1. The suspected person may express to either Member State his or her interest in the transfer of the proceedings. Similarly, such. interest, may be expressed by the legal representative or closerelatives of the suspected person.

2. Before a request, for transfer 'of proceedings is made, the requesting Member State shall',' if practicable, -allow the suspected person to present his or her views on the alleged offence and theintended transfer, unless that person has absconded or otherwise obstructed the course of justice.

Article 28

The Rights of the Victim

The requesting Member State and the requested Member State shall ensure in the transfer of proceedings that the rights of the victim of the offence, in particular his or her right to restitution or compensation, shall not be affected as result of the transfer. If a settlement of the claim of the victim bas not been reached before the transfer, the requested


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Member State shall permit the the representation of the claim in the transferred proceedings, if its laws provide for such a possibility. In the event of the death of the victim, these provisions. Shall apply to his or her dependants accordingly.

Article 29

Effects of the Transfer of Proceedings on the Requesting Member State (non bis in idem)

Upon acceptance by the requested Member State of the request to take proceedings against the suspected person, the requesting' Member State shall provisionally discontinue prosecution, except necessary investigation, including judicial assistance to the requested Party, until the requested Member State informs the requesting Member State that the case has been finally disposed. From that date on, the requesting Member State shall definitely 'refrain from further prosecution of the same offence.

Article 30

Effects of the Transfer of Proceedings on the Requested Member State

1. The proceedings transferred upon agreement shall be governed by the laws of the requested Member State. When charging the suspected person under its laws, the requested Member State shall make necessary adjustment with respect to particular elements in The legal description of "the offence. Where the competence of the requested Member State is based on the provision set forth in paragraph 2 of Article 23, the sanction pronounced in that Member State shall not be more severe than that provided by the laws of the requesting Member State.

2. As far as compatible with the laws of the requested Member State, any ac~ with a view to proceedings or procedural requirements performed in the requesting Member State in accordance with its law shall have the same validity in the requested Member State as if the act had been performed in or by the authorities of that Member State.

3. The requested ~ember State shall inform the requesting Member State of the decision taken as a result of the proceedings To this end a copy of the final decision shall be transmitted ~c the requesting Member State.

Article 31

Provisional Measures

When the requesting Member State announces its intention to transmit a request for transfer of' proceedings, the requested Member State may, upon a specific request made. for this purpose by the requesting Member State, apply all such provisional measures, including

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provisional detention and seizure, as could be applied under its own laws if the offence in respect of which transfer of proceedings is requested had been committed in its territory.

Article 32

The Plurality of Criminal Proceedings

When criminal proceedings ·are pending in two or more Member States against the same suspected person in respect of the same offence, the Member States concerned shall consult to decide which of them alone should continue proceedings. An agreement reached thereupon shall have the consequences of a request for transfer of proceedings.

Chapter V. Validation and costs

Article 33

Authentication. and Certification of documents

A request under this Convention and the supporting documents thereto, as well as the documents and other materials supplied in response to such a request shall not require certification authentication.

Article 34

Costs of executing requests

The ordinary costs of executing a request shall be borne by the requested Member State, unless otherwise determined by the Parties. If expenses of a substantial or extraordinary nature are or .will be required to execute the request, the Parties shall consult in advance to determine the terms and conditions under which the request shall be executed, as well as the manner in which the costs shall be borne.

Chapter VI. Final provisions

Article 35

Arrangement

1. The present Convention repeals all preceeding Treaties, Conventions or Agreements concluded between two or several Member States on mutual legal assistance in areas specified in Article 2 paragraph 2 and Article 23 of this Convention.

2. The Member State may conclude bilateral or multilateral Agreements with one another on the matters dealt with in this Convention, for the purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodies in it.


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Article 36

Accession

1. After entry into· force of this Convention, the Council of Ministers may invite, by unanimous decision, any State not a member of the Community to accede to this Convention:

2. When a non-Member State of the Community requests to be invited to accede to this Convention, it shall submit this request to the Executive Secretary.

3. In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of. deposit of the instrument of accession with the 'Executive Secretary.

Article 37

Amendment and Review

1. Any Member State may submit proposals for the amendment or review of this Convention.

2. All proposals shall be submitted to the Executive Secretary, who shall forward them to Member States within thirty (30) days upon receipt. ·Proposed amendments or reviews shall be considered by the Authority upon expiration of the thirty (30) days noticegiven to Member States.

Article 38

Deposit and Entry into Force

1. This Convention shall enter into force provisionally upon signature by Heads of State and Government of Member States and definitively upon ratification by at least seven (7) Member States, in conformity with the constitutional provisions of each Member State.

2. This Convention and all the instruments of ratification shall be deposited with the Executive Secretariat which shall forward certified true copies to all Member States,notify them of the dates of deposit of the instruments of ratification and register this Convention with the Organisation of African Unity, the Nations and any other organisation determined by Council.

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In witness whereof, we the Heads of State and Government of the Community of West African States have signed this Convention.

Done at Dakar this…29th…day of…July…1992

In a single original in the English and French languages,

Both texts being equally authentic.


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2. Convention on Extradition, 1994

Signed in Abuja on 6 August 1994

Entry into force on 8 December 2005, in accordance with the article 36

PREAMBLE

The Governments of the Member States of the Economic Community of West African States,

Considering that speedy integration between Member States in every area of activity can best be achieved by seeking to create and sustain within the Community, such conditions as shall eliminate any threat to the security of their peoples;

Convinced that security can best be maintained if offenders are denied shelter from legal proceedings or penalties;

Desirous of working together to curb crime throughout the territory of the Community;

Determined thereof to endow national courts of law with an effective instrument for the arrest, judgment and enforcement of penalties against offenders fleeing the territory of one Member State to seek shelter in the territory of another;


Article 1

Definitions

For the purpose of this Convention, the following definitions shall apply:

“Community” means the Economic Community of West African States, referred to under Article 2 of the Treaty;

“Executive Secretary” means the Executive Secretary of the Community, appointed under Article 18 paragraph 1 of the Treaty;

“Member State” or “Member States” means a Member State or Member States of the Community; “Non-Member State” or “Non-Member States” means a State or States not a member of the Community which has acceded to this Convention;

“Offence” or “Offences” means the fact or facts which constitute a criminal offence or criminal offences under the laws of the Member States;

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“Requested State” means a State to which a request for extradition under this Convention has been made;

“Requesting State” means a State which has made a request for extradition under this Convention;

“Sentence” means all penalties or measures incurred or pronounced as a result of a criminal offence and includes a sentence of imprisonment;

“Treaty” means the Revised Treaty of the Economic Community of West African States signed in Cotonou on 24 July 1993.

Article 2

Principles of extradition

1. States undertake to surrender to each other, subject to the provisions and conditions laid down in this Convention, all persons within the territory of the requested State who are wanted for prosecution for an offence or who are wanted by the legal authorities of the requesting State for the carrying out of a sentence.

2. In the case of a minor aged under 18 at the time of the request for extradition, the competent authorities of the requesting and requested States shall take into consideration the interests of the minor and, where they think that extradition is likely to impair social rehabilitation, shall endeavour to reach an agreement on the most appropriate measures.

Article 3

Conditions for extradition

1. Extradition shall be granted under certain circumstances in respect of offences punishable under the laws of the requesting State and of the requested State by deprivation of liberty for a minimum period of two years. Where there has been a conviction and a prison sentence has been imposed in the territory of the requesting State, extradition shall be granted only if a period of at least 6 months remains to be served.

2. If the request for extradition includes several separate offences each of which is punishable under the laws of the requesting State and the requested State by deprivation of liberty but of which some do not meet the penalty requirements set out in paragraph 1 of this Article, the requested State shall have the right to grant extradition for the latter offences provided that the person is to be extradited for at least one extraditable offence.


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Article 4

Political offences

1. Extradition shall not be granted if the offence in respect of which it is requested is regarded as a political offence or as an offence connected with a political offence.

2. The same rule shall apply if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of race, tribe, religion, nationality, political opinion, sex or status.

3. Implementation of this Article shall not affect any prior or future obligations assumed by States under the provisions of the Geneva Convention of 12 August 1949 and its additional Protocols and other multilateral international conventions.

Article 5

Inhuman or degrading treatment or punishment

Extradition shall not be grated if the person whose extradition is requested has been, or would be, subjected to torture or cruel, inhuman or degrading treatment or punishment in the requesting State or if that person has not received, or would not receive the minimum guarantees in criminal proceedings, as contained in Article 7 of the African Charter on Human and People’s Rights.

Article 6

Humanitarian consideration

The requested State may refuse to extradite a person if extradition would be incompatible with humanitarian considerations in view of age or health.

Article 7

Military offences

Extradition for offences under military law which are not offences under ordinary criminal law shall not be granted under this Convention.

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Article 8

Ad hoc court or tribunal

Extradition may be refused if the person whose extradition is requested has been sentenced, or would be liable to be tried, in the requesting State by an extraordinary or Ad Hoc Court or Tribunal.

Article 9

Fiscal offences

For offences in connection with taxes, duties and customs; extradition shall take place between the States in accordance with the provisions of this Convention if the offence under the law of the requested State, corresponds to an offence of the same type of tax, duty or custom regulation.

Article 10

Nationals

1. Extradition of a national of the Requested State shall be a matter of discretion for that State. Nationality shall be determined at the time of the offence for which extradition is being requested.

2. The Requested State which does not extradite its nationals, shall at the request of the requesting State submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. For this purpose, the files, information and exhibits relating to the offence shall be transmitted, without charge, through the diplomatic channel or by such other means as shall be agreed upon by the States concerned. The requesting State shall be informed of the result of its request.

Article 11

Place of commission

1. The requested State may refuse to extradite a person claimed for an offence which is regarded by its law as having been committed in whole or in part in its territory or in a place treated as its territory.

2. When the offence for which extradition is requested has been committed outside the territory of the requesting State, extradition may only be refused if the law of the requested State does not allow prosecution for the same category of offence when committed outside the territory of the latter or does not allow extradition for the offence concerned.


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Article 12

Pending proceedings for the same offences

The requested State may refuse to extradite the person claimed if the competent authorities of such State are proceeding against that person in respect of the offence or offences for which extradition if requested.

Article 13

Double jeopardy

1. Extradition shall not be grated if final judgment has been passed by the competent authorities of the requested State upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested State have decided either not to institute or to terminate proceedings in respect of the same offence or offences.

2. If new proceedings are instituted by the requesting State against the person in respect of whom the requested State has terminated proceedings for the offence for which extradition was granted, any period passed in remand or in custody in the requested State shall be taken into consideration when deciding the penalty involving deprivation of liberty in the requesting State.

Article 14

Judegment in absentia

1. When a request is made for the extradition of a person for the purpose of carrying out a sentence imposed by a decision rendered in absentia, the requested State may refuse to extradite if, in its opinion, the proceedings leading to the judgment did not satisfy the minimum rights of defence recognized as due to everyone charged with criminal offence. However, extradition shall be granted if the requesting state gives an assurance considered sufficient to guarantee to the person claimed the right to a retrial which safeguards the rights of defence. This decision will authorize the requesting State either to enforce the judgment in question if the convicted person does not make an opposition or, if he does, to take proceedings against the person extradited.

2. When the requested State informs the person whose extradition has been requested of the judgment rendered against him in absentia the requesting State shall not regard this communication as a formal notification for the purposes of the criminal procedure in that State.

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Article 15

Lapse of time

1. Extradition shall not be granted when the person claimed has, according to the law of either the requesting or the requested State become immune by reason of lapse of time from prosecution or punishment, at the time of receipt of the request for extradition by the requested State.

2. When determining whether, according to the law of the requested State, the person claimed has become immune by reason of lapse of time from prosecution or punishment, the competent authorities of the said State shall take into consideration any acts of interruption and any events suspending time-limitation occurring in the requesting State in so far as acts or events of the same nature have an identical effect in the requested State.

Article 16

Amnesty

Extradition shall not be granted for an offence in respect of which an amnesty has been declared in the requested State and which that State had competence to prosecute under its own criminal law.

Article 17

Capital punishment

If the offence for which extradition is requested is punishable by death under the law of the requesting State, and if in respect of such offence the death penalty is not provided for by the law of the requested State, extradition may not be granted.

Article 18

The request and supporting documents

1. The request shall be in writing and shall be addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. However, use of the diplomatic channel is not excluded. Other means of communication may be arranged by direct agreement between two or more States.

2. The request shall be supported by:

(a) the original or an authenticated copy of the conviction and sentence immediately enforceable or of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting State.


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(b) a statement of the offences for which extradition is requested. The time and place of their commission, their legal descriptions and a reference to the relevant legal provisions shall be set out as accurately as possible; and

(c) an authenticated copy of the relevant law, indicating the sentence which may be or has been imposed for the offence, and as accurate a description as possible of the person claimed together with any other information which will help to establish his identity, nationality and whereabouts.

Article 19

Supplementary information

If the information communicated by the requesting State is found to be insufficient to allow the requested State to make a decision in pursuance of this Convention, the latter State shall request the necessary supplementary information and may fix a reasonable time-limit for the receipt thereof.

Article 20

Rule of speciality

1. A person who has been extradited shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence for any offence committed prior to his surrender other than that for which he was extradited, nor shall he be for any other reason restricted in his personal freedom, except in the following cases:

(a) When the State which surrendered him consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 18 and a legal record of any statements made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provision of this Convention;

(b) When that person, having had an opportunity to leave the territory of the State to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it.

2. When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.

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Article 21

Re-extradition to a third state

Except as provided for in Article 20, paragraph 1(b), the requesting State shall not, without the consent of the requested State surrender to another State or to a third State a person surrendered to the requesting State and sought by the said other State or third State in respect of offences committed before his surrender. The requested State may request this production of the documents mentioned in Article 18.

Article 22

Provisional arrest

1. In case of urgency the competent authorities of the requesting State may request the provisional arrest of the person sought. The competent authorities of the requested State shall decide the matter in accordance with its law pending the request for extradition.

2. The request for provisional arrest shall state that one of the documents mentioned in Article 18 Paragraph 2(a), exists and that it is intended to send a request for extradition. It shall also state for what offence extradition will be requested, when and where such offence was committed, the penalty incurred or provided for, or the sentence pronounced. The request shall also, if possible, indicate the whereabouts of the person sought, and as far as possible provide a description of the person.

3. A request for provisional arrest shall be sent to the competent authorities of the requested State either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organization (Interpol) or by any other means affording evidence in writing or accepted by the requested State. The requesting State shall be informed without delay of the result of its request.

4. Provisional arrest may be terminated if, within a period of twenty (20) days after arrest, the requested State has not received the request for extradition and the documents mentioned in Article 18. The possibility of provisional release at any time is not excluded but the requested State shall take any measures which it considers necessary to prevent the escape of the person sought.

5. Release shall not prejudice re-arrest and extradition if a request for extradition is received subsequently.

6. The time spent in detention by an individual solely for the purpose of extradition in the territory of the requested State or of a State of transit shallbe taken into consideration when deciding the penalty involving deprivation of liberty or detention which he has to serve for the offence for which he was extradited.


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Article 23

Conflicting requests

If extradition is requested concurrently by more than one State, either for the same offence of for difference offences, the requested State shall make its decision having regard to all the circumstances and especially the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality of the person claimed and the possibility of subsequent extradition to another State.

Article 24

Surrender of the person to be extradited

1. The requested State shall inform the requesting State by the means mentioned in Article 18 paragraph1 of its decision with regard to the extradition.

2. Reasons shall be given for any complete or partial rejection.

3. If the request is agreed to, the requesting State shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender.

4. Subject to the provisions of paragraph 5 of this Article, if the person claimed has not been removed on the appointed date, he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days. The requested State may refuse to extradite him for the same offence.

5. If circumstances beyond its control prevent a State from surrendering or taking over the person to be extradited, it shall notify the other State. The two States shall agree on a new date for surrender and the provisions of paragraph 4 of this Article shall apply.

Article 25

Postponed or conditional surrender

1. The requested State may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against or, if he has already been convicted, in order that he may serve his sentence in the territory of that State for an offence other than that for which extradition is requested.

2. The requested State may, instead of postponing surrender, temporarily surrender the person claimed to the requesting State in accordance with conditions to be determined by mutual agreement between the States.

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Article 26

Handing over of property

1. The requested State shall, in so far as its law permits and at the request of the requesting State, seize and hand over property:

(a) which may be required as evidence or

(b) which has been acquired as a result of the offence and which, at the time of the arrest, is found in the possession of the person claimed or is discovered subsequently.

2. The property mentioned in paragraph 1 of this Article shall be handed over even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed.

3. When the said property is liable to seizure or confiscation in the territory of the requested State, the latter may, in connection with pending criminal proceedings, temporarily retain it or hand it over on condition that it is returned.

4. Any rights which the requested State or bona fide third parties may have acquired in the said property shall be preserved. Where these rights exist the property shall be returned without charge to the requested State as soon as possible after the trial.

Article 27

Transit

1. Transit through the territory of one of the States shall be granted on submission of a request by the means mentioned in Article 18 paragraph 1, provided that the offence concerned is not considered by the State requested to grant transit as an offence of a political or military character having regard to Articles 4 and 7 of this Convention.

2. Transit of a national of the country requested to grant transit may be refused.

3. Subject to the provisions of paragraph 4 of this Article, it shall be necessary to produce the documents mentioned in Article 18 paragraph 2.

4. If air transport is used, the following provisions shall apply:

(a) when it is not intended to land, the requesting State shall notify the State over whose territory the flight is to be made and shall certify that one of the documents mentioned in Article 18 paragraph 2(a) exists. In the case of an unscheduled landing, such notification shall have the effect of a request for provisional arrest as provided for in Article 22 and the requesting State shall submit a formal request for transit;


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(b) when it is intended to land, the requesting State shall submit a formal request for transit.

5. A State may, however, at the time of signature or of the deposit of its instrument of ratification of this Convention, declare that it will only grant transit of persons on some or all of the conditions on which it grants extradition. In that event, reciprocity may be applied.

6. The transit of the extradited person shall not be carried out through any territory where there is a reason to believe that his life or his freedom may be threatened by reason of his race, tribe, religion, nationality, political opinion or sex.

Article 28

Procedure

1. Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested State.

2. States, whilst providing for a speedy extradition procedure, shall ensure that the person whose extradition has been requested has the right to be heard by a judicial authority and to be assisted by the lawyer of his own choice and shall submit to a judicial authority the control of his custody for the purpose of extradition as well as the conditions of his extradition.

Article 29

Language to be used

The documents to be produced shall be in the language of the requesting or requested States. The requested State may require a translation into one of the official languages of ECOWAS to be chosen by it.

Article 30

Expenses

1. Expenses incurred in the territory of the requested State by reason of extradition shall be borne by that State.

2. Expenses incurred in conveying the person from the territory of the requested State shall be borne by the requesting State.

3. Expenses incurred by reason of transit through the territory of a State requested to grant transit shall be borne by the requesting State.

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Article 31

Reservations

1. Any State may, when signing this Convention or when depositing its instrument or ratification, make a reservation in respect of any provision or provisions of the Convention.

2. Any State which has made a reservation shall withdraw it as soon as circumstances permit. Such withdrawal shall be made by notification to the Executive Secretary of ECOWAS.

3. A State which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another State save in so far as it has itself accepted the provision.

Article 32

Relations between this convention and other bilateral Agreements

1. This Convention shall supercede the provisions of any Treaties, Conventions or Agreements on extradition concluded between two or several States except as provided under paragraph 3, Article 4 of this Convention.

2. States may conclude between themselves bilateral or multilateral agreements with one another only on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.

Article 33

Accession

1. After entry into force of this Convention, the Council of Ministers may invite, by unanimous decision, non-Member States of the Community to accede to this Convention.

2. When a non-Member State of the Community requests to be invited to accede to this Convention, it shall submit this request to the Executive Secretary, who shall immediately notify all other Member States.

3. In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Executive Secretariat.


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Article 34

Amendment and review

1. Any State may submit proposals for the amendment or review of this Convention.

2. All proposals shall be submitted to the Executive Secretary, who shall forward them to Member States within thirty (30) days of receipt. Proposed amendments or reviews shall be considered by the Authority upon expiry of the thirty (30) days notice period given to Member States.

Article 35

Denunciation

Any State may denounce this Convention in so far as it is concerned, by giving notice to the Executive Secretary of the Community. Denunciation shall take effect six months after the date when the Executive Secretary received such notification.

Article 36

Entry into force and deposit

1. This Convention shall enter into force upon ratification by at least nine (9) signatory States, in conformity with the constitutional provisions of each signatory State.

2. This Convention and all the instruments of ratification shall be deposited with the Executive Secretariat which shall transmit certified true copies to all Member States, notify them of the dates of deposit of the instruments of ratification and register this Convention with the Organization of African Unity, the United Nations and any other organization as may be determined by the Council of Ministers of the Community.

In witness whereof, we, the Heads of State and Government of the Economic Community of West African States have signed this Convention.

Done at Abuja, this 6th day of August 1994 in a single original in the english, French and Portuguese languages all texts

Being equally authentic.

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H.E. Nicephore Dieutonne Hon. Kermandi YAMEOGO SOGLO Minister of State for African Integration President of the Republic of BENIN and Solidarity for and on behalf of the President of

BURKINA FASO 16 ……………………… …………………………

Hon. Joao Higino do Hon. Amara ESSY Rosario SILVA Minister of Foreign Affairs, for and Minister of Tourism, Industry on behalf of the President

of the And Commerce, for and on Republic of COTE D’IVOIRE behalf of the Prime Minister of the Republic of CAPE VERDE

……………………… ………………………

H.E. Lt. Sana B. SABALLY H.E. Flt.-G.T. Jerry John Vice Chairman of the Armed RAWLINGS Forces Provisional Ruling President of the Republic of Council of the GAMBIA GHANA …………………….. ……………………….

H.E. Mr. Lansana CONTE H.E. General Joao Bernardo Head of State, President of the VIEIRA Republic of GUINEA President of the Council of State of the Republic of GUINEA BISSAU ……………………….. …………………………….

H.E. Prof. David Hon. MOS. Sy Kadiatou XPOMAKPOR SOW Chairman of the Council of Minister of Foreign Affairs, of State, Liberian National Malians

Resident Abroad and of Transitional Government (LNTG) African Integration, for and on Republic of LIBERIA behalf of the President of the Republic of MALI

……………………… ……………………………

Hon. Ahmed Ould ZEIN H.E. Mr. Mahamane CURMANE Minister, Secretary-General of President of the Republic of NIGER the President, for and on behalf of the Head of State of the Islamic Republic of MAURITANIA 17 ………………………. ……………………………

H.E. General Sani AEACHA Hon. Masatte THIAM Head of State, Commander-In- Minister of African Economic Chief of the Armed Forces of the Integration, for and on behalf of

Federal Republic of NIGERIA President of the Republic of SENEGAL ……………………….. …………………………….

H.E. Captan Valentine H.E. Mr. Edem KODJC E.M. STRASSER Prime Minister of the Republic of Chairman, National Provisional TOGO Ruling Council and Head of State of the Republic of SIERRA LEONE


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3. Protocole sur la lutte contre la corruption, 2001: Protocol on the Fight Against Corruption, 2001

Please, see the French version

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III. Instruments adopted by the West African Economic and Monetary Union (WAEMU)

1. Directive n°07/2002/CM/UEMOA relative à la lutte contre le blanchiment de capitaux, 2002 : Directive n°07/2002/CM/WAEMU on the fight against money laundering, 2002


2. Règlement n°14/2002/CM/UEMOA relatif au gel des fonds et autres ressources financières dans le cadre de la lutte contre le financement du terrorisme, 2002 : Regulation n°14/2002/CM/WAEMU relating to the freezing of funds and other financial assets in the framework of the fight against the financing of terrorism, 2002


3. Directive n°04/2007/CM/UEMOA relative à la lutte contre le financement du terrorisme, 2007 : Directive n°04/2007/CM/WAEMU relating to the fight against the financing of terrorism, 2007


Part 3

Other instruments applicable in the region

Part 3. Other instrumetns applicable in the region

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I. Other Regional Instruments

1. Convention générale de coopération en matière de justice, 1961 : General convention on cooperation in judicial matters, 1961


2. Convention relative à la coopération en matière judiciaire entre les Etats membres de l’Accord de non-agression et d’assistance en matière de défense (ANAD), 1987 : Convention relating to the cooperation in judicial matters among the Member States of the Accord de non-agression et assistance en matière de défense (ANAD), 1987


3. Convention de coopération et d’entraide en matière de justice entre les Etats membres du Conseil de l’Entente, 1997 : Convention of cooperation and mutual legal assistance among the Member States of the Conseil de l’Entente, 1997


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4. Convention of the Organization of the Islamic Conference on Combating International Terrorism, 1999

Signed in Ouagadougou on 1e July 1999 Entry into force in accordance with the article 40

The Member States of the Organisation of the Islamic Conference,

Pursuant to the tenets of the tolerant Islamic Sharia which reject all forms of violence and terrorism, and in particular specially those based on extremism and call for protection of human rights, which provisions are parallelled by the principles and rules of international law founded on cooperation between peoples for the establishment of peace;

Abiding by the lofty, moral and religious principles particularly the provisions of the Islamic Sharia as well as the human heritage of the Islamic Ummah.

Adhering to the Charter of the Organisation of the Islamic Conference, its objectives and principles aimed at creating an appropriate atmosphere to strengthen cooperation and understanding among Islamic States as well as relevant OIC resolutions;

Adhering to the principles of International Law and the United Nations Charter as well as all relevant UN resolutions on procedures aimed at eliminating international terrorism, and all other conventions and international instruments to which states acceding to this Convention are parties and which call, inter alia, for the observance of the sovereignty, stability, territorial integrity, political independence and security of states, and nonintervention in their international affairs;

Proceeding from the rules of the Code of Conduct of the Organization of Islamic Conference for Combating International Terrorism;

Desiring to promote cooperation among them for combating terrorist crimes that threaten the security and stability of the Islamic States and endanger their vital interests; Being committed to combating all forms and manifestations of terrorism and eliminating its objectives and causes which target the lives and properties of people;

Confirming the legitimacy of the right of peoples to struggle against foreign occupation and colonialist and racist regimes by all means, including armed struggle to liberate their territories and attain their rights to self-determination and independence in compliance with the purposes and principles of the Charter and resolutions of the United Nations;

Believing that terrorism constitutes a gross violation of human rights, in particular the right to freedom and security, as well as an obstacle to the free functioning of institutions and socio-economic development, as it aims at destabilizing States;


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Convinced that terrorism cannot be justified in any way, and that it should therefore be unambiguously condemned in all its forms and manifestations, and all its actions, means and practices, whatever its origin, causes or purposes, including direct or indirect actions of States;

Recognizing the growing links between terrorism and organized crime, including illicit trafficking in arms, narcotics, human beings and money laundering;

Have agreed to conclude this Convention, calling on all Member States of the Organization of the Islamic Conference to accede to it.

PART I DEFINITION AND GENERAL PROVISIONS

Article 1


1. "Contracting State" or "Contracting Party" means every Member State in the Organisation of the Islamic Conference that has ratified or adhered to this Convention and deposited its instruments of ratification or adherence with the General Secretariat of the Organisation.

2. "Terrorism" means any act of violence or threat thereof notwithstanding its motives or intentions perpetrated to carry out an individual or collective criminal plan with the aim of terrorizing people or threatening to harm them or imperiling their lives, honour, freedoms, security or rights or exposing the environment or any facility or public or private property to hazards or occupying or seizing them, or endangering a national resource, or international facilities, or threatening the stability, territorial integrity, political unity or sovereignty of independent States.

3. "Terrorist Crime" means any crime executed, started or participated in to realize a terrorist objective in any of the Contracting States or against its nationals, assets or interests or foreign facilities and nationals residing in its territory punishable by its internal law.

4. Crimes stipulated in the following conventions are also considered terrorist crimes with the exception of those excluded by the legislations of Contracting States or those who have not ratified them:

(a) Convention on "Offences and Other Acts Committed on Board of Aircrafts" (Tokyo, 14.9.1963).

(b) Convention on "Suppression of Unlawful Seizure of Aircraft" (The Hague, 16.12.1970).

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(c) Convention on "Suppression of Unlawful Acts Against the Safety of Civil Aviation" signed at Montreal on 23.9.1971 and its Protocol (Montreal, 10.12.1984).

(d) Convention on the "Prevention and Punishment of Crimes Against Persons Enjoying International Immunity, Including Diplomatic Agents" (New York, 14.12.1973).

(e) International Convention Against the Taking of Hostages (New York, 1979).

(f) The United Nations Law of the Sea Convention of 1988 and its related provisions on piracy at sea.

(g) Convention on the "Physical Protection of Nuclear Material" (Vienna, 1979).

(h) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation-Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal, 1988).

(i) Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms on the Continental Shelf (Rome, 1988).

(j) Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome, 1988).

(k) International Convention for the Suppression of Terrorist Bombings (New York, 1997).

(l) Convention on the Marking of Plastic Explosives for the purposes of Detection (Montreal, 1991)

Article 2

(a) Peoples' struggle including armed struggle against foreign occupation, aggression, colonialism, and hegemony, aimed at liberation and self-determination in accordance with the principles of international law shall not be considered a terrorist crime.

(b) None of the terrorist crimes mentioned in the previous article shall be considered political crimes.

(c) In the implementation of the provisions of this Convention the following crimes shall not be considered political crimes even when politically motivated:

1. Aggression against kings and heads of state of Contracting States or against their spouses, their ascendants or descendants.


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2. Aggression against crown princes or vice-presidents or deputy heads of government or ministers in any of the Contracting States.

3. Aggression against persons enjoying international immunity including Ambassadors and diplomats in Contracting States or in countries of accreditation.

4. Murder or robbery by force against individuals or authorities or means of transport and communications.

5. Acts of sabotage and destruction of public properties and properties geared for public services, even if belonging to another Contracting State.

6. Crimes of manufacturing, smuggling or possessing arms and ammunition or explosives or other materials prepared for committing terrorist crimes.

(d) All forms of international crimes, including illegal trafficking in narcotics and human beings money laundering aimed at financing terrorist objectives shall be considered terrorist crimes.

PART II FOUNDATIONS OF ISLAMIC COOPERATION

FOR COMBATING TERRORISM

Chapter I. In the Field of Security

Division I. Measures to Prevent and Combat Terrorist Crimes.

Article 3

I. The Contracting States are committed not to execute, initiate or participate in any form in organizing or financing or committing or instigating or supporting terrorist acts whether directly or indirectly.

II. Committed to prevent and combat terrorist crimes in conformity with the provisions of this Convention and their respective domestic rules and regulations the contracting States shall see to:

(a) Preventive Measures:

1. Barring their territories from being used as an arena for planning, organizing, executing terrorist crimes or initiating or participating in these crimes in any form; including preventing the infiltration of terrorist elements or their gaining refuge or residence therein individually or collectively, or receiving hosting, training, arming, financing or extending any facilities to them.

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2. Cooperating and coordinating with the rest of the Contracting States, particularly neighbouring countries which suffer from similar or common terrorist crimes.

3. Developing and strengthening systems relating to detecting transportation, importing, exporting stockpiling, and using of weapons, ammunition and explosives as well as other means of aggression, killing and destruction in addition to strengthening trans-border and custom controls in order to intercept their transfer from one Contracting State to another or to other States unless they are intended for specific legitimate purposes.

4. Developing and strengthening systems related to surveillance procedures, securing borders, and land, sea and air passages in order to prevent infiltration through them.

5. Strengthening systems for ensuring the safety and protection of personalities, vital installations and means of public transport.

6. Re-enforcing protection, security and safety of diplomatic and consular persons and missions; and regional and international organizations accredited in the Contracting State in accordance with the conventions and rules of international law which govern this subject.

7. Promoting security intelligence activities and coordinating them with the intelligence activities of each Contracting State pursuant to their respective intelligence policies, aimed at exposing the objectives of terrorist groups and organisations, thwarting their designs and revealing the extent of their danger to security and stability.

8. Establishing a data base by each Contracting State to collect and analyze data on terrorist elements, groups, movements and organizations and monitor developments of the phenomenon of terrorism and successful experiences in combating it. Moreover, the Contracting State shall update this information and exchange them with competent authorities in

9. other Contracting States within the limits of the laws and regulations in every State.

(b) Combating Measures:

1. Arresting perpetrators of terrorists crimes and prosecuting them according to the national law or extraditing them in accordance with the provisions of this Convention or existing Conventions between the requesting and requested States.

2. Ensuring effective protection of persons working in the field of criminal justice as well as to witnesses and investigators.


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3. Ensuring effective protection of information sources and witnesses on terrorist crimes.

4. Extending necessary assistance to victims of terrorism.

5. Establishing effective cooperation between the concerned organs in the contracting States and the citizens for combating terrorism including extending appropriate guarantees and appropriate incentives to encourage informing on terrorist acts and submitting information to help uncover them and cooperating in arresting the perpetrators.

Division II. Areas of Islamic cooperation for preventing and combating terrorist crimes.

Article 4

Contracting States shall cooperate among themselves to prevent and combat terrorist crimes in accordance with the respective laws and regulations of each State in the following areas:

First: Exchange of Information

1. Contracting States shall undertake to promote exchange of information among them as such regarding:

(a) Activities and crimes committed by terrorist groups, their leaders, their elements, their headquarters, training, means and sources that provide finance and weapons, types of arms, ammunition and explosives utilized as well as other ways and means to attack, kill and destroy.

(b) Means of communications and propaganda utilized by terrorist groups, how they act, movement of their leaders, their elements and their travel documents.

2. Contracting States shall expeditiously inform any other Contracting State regarding available information about any terrorist crime perpetrated in its territory aimed at undermining the interests of that State or its nationals and to state the facts surrounding the crime in terms of its circumstances, criminals involved, victims, losses, devices and methods utilized to carry out the crime, without prejudicing investigation and inquiry requisites.

3. Contracting States shall exchange information with the other Parties to combat terrorist crimes and to inform the Contracting State or other States of all available information or data that could prevent terrorist crimes within its territory or against its nationals or residents or interests.

4. The Contracting States shall provide any other Contracting State with available information or data that will:

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(a) Assist in arresting those accused of committing a terrorist crime against the interests of that country or being implicated in such acts either by assistance, collusion, instigation, or financing.

(b) Contribute to confiscating any arms, weapons, explosives, devices or funds spent or meant to be spent to commit a terrorist crime.

5. The Contracting States undertake to respect the confidentiality of information exchanged between them and shall refrain from passing it to any non-Contracting States or other parties without prior consent of the source country.

Second: Investigation

Each Contracting State pledges to promote cooperation with other contracting states and to extend assistance in the field of investigation procedures in terms of arresting escaped suspects or those convicted for terrorist crimes in accordance with the laws and regulations of each country.

Third: Exchange of Expertise

1. Contracting States shall cooperate with each other to undertake and exchange studies and researches on combating terrorist crimes as well as exchange of expertise in this field.

2. Contracting States shall cooperate within the scope of their capabilities to provide available technical assistance for preparing programmes or holding joint training sessions with one or more Contracting State if the need arises for personnel required in the field of combating terrorism in order to improve their scientific and practical potential and upgrade their performance standards.

Fourth: Education and Information Field

The Contracting States shall cooperate in:

3. Promoting information activities and supporting the mass media in order to confront the vicious campaign against Islam, by projecting the true image of tolerance of Islam, and exposing the designs and danger of terrorist groups against the stability and security of Islamic States.

4. Including the noble human values, which proscribe the practice of terrorism in the educational curricula of Contracting States.

5. Supporting efforts aimed at keeping abreast of the age by introducing an advanced Islamic thought based on ijtihad by which Islam is distinguished.


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Chapter II. In the Judicial Field

Section I. Extraditing Criminals

Article 5

Contracting States shall undertake to extradite those indicted or convicted of terrorist crimes, requested for extradition by any of these countries in compliance with the rules and conditions stipulated in this Convention.

Article 6

Extradition shall not be permissible in the following cases:

6. If the Crime for which extradition is requested is deemed by the laws enforced in the requested Contracting State as one of a political nature and without prejudice to the provisions of Article 2, paragraphs 2 and 3 of this Convention for which extradition is requested.

7. If the Crime for which extradition is sought relates solely to a dereliction of military obligations.

8. If the Crime for which extradition is requested, was committed in the territory of the requested Contracting State, unless this crime has undermined the interests of the requesting Contracting State and its laws stipulate that the perpetrators of those crimes shall be prosecuted and punished providing that the requested country has not commenced investigation or trial.

9. If the Crime has been the subject of a final sentence which has the force of law in the requested Contracting State.

10. If the action at the time of the extradition request elapsed or the penalty prescribed in accordance with the law in the Contacting State requesting extradition.

11. Crimes committed outside the territory of the requesting Contracting State by a person who was not its national and the law of the requested Contracting State does not prosecute such a crime if perpetrated outside its territory by such a person.

12. If pardon was granted and included the perpetrators of these crimes in the requesting Contracting State.

13. If the legal system of the requested State does not permit extradition of its national, then it shall be obliged to prosecute whosoever commits a terrorist crime if the act is punishable in both States by a freedom restraining sentence for a minimum period of one year or more. The nationality of the person requested for extradition shall be determined

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according to the date of the crime taking into account the investigation undertaken in this respect by the requesting State.

Article 7

If the person requested for extradition is under investigation or trial for another crime in the requested State, his extradition shall be postponed until the investigation is disposed of or the trial is over and the punishment implemented. In this case, the requested State shall extradite him provisionally for investigation or trial on condition that he shall be returned to it before execution of the sentence issued in the requested State.

Article 8

For the purpose of extraditing crime perpetrators according to this Convention, the domestic legislations of Contracting States shall not have any bearing as to their differences with respect to the crime being classified as a felony or misdemeanor, nor as to the penalty prescribed for it.

Section II. Rogatory Commission

Article 9

Each Contracting State shall request from any other Contracting State to undertake in its territory rogatory action with respect to any judicial procedures concerning an action involving a terrorist crime and in particular:

1. To hear witnesses and testimonies taken as evidence.

2. To communicate legal documents.

3. To implement inquiry and detention procedures.

4. To undertake on the scene inspection and analyse evidence.

5. To obtain necessary evidence or documents or records or their certified copies.

Article 10

Each Contracting State shall implement rogatory commissions related to terrorist crimes and may reject the request for implementation with respect to the following cases.

6. If the crime for which the request is made, is the subject of a charge, investigation or trial in the country requested to implement rogatory commission.


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7. If the implementation of the request prejudices the sovereignty or the security or public order of the country charged with this mission.

Article 11

The request for rogatory mission shall be implemented promptly in accordance with the provisions of the domestic laws of the requested State and which may postpone its implementation until its investigation and prosecution procedures are completed on the same subject or until the compelling reasons that called for postponement are removed. In this case the requesting State shall be informed of this postponement.

Article 12

The request for a rogatory commission related to a terrorist crime shall not be refused on the grounds of the rule of transaction confidentiality for banks and financial institutions. And in the implementation of the request the rules of the enforcing State are to be followed.

Article 13

The procedure, undertaken through rogatory commission in accordance with the provisions of this Convention, shall have the same legal effect as if it was brought before the competent authority in the State requesting rogatory commission. The results of its implementation shall only be utilized within the scope of the rogatory commission.

Section III. Judicial Cooperation

Article 14

Each Contracting State shall extend to the other contracting parties every possible assistance as may be necessary for investigation or trial proceedings related to terrorist crimes.

Article 15

14. If judicial competence accrues to one of the Contracting States for the prosecution of a subject accused of a terrorist crime, this State may request the country which hosts the suspect to prosecute him for this crime subject to the host country's consent and providing the crime is punishable in that country by a freedom restraining sentence for at least one year or by a more severe sanction. In such a case the requesting State shall pass all investigation documents and evidence related to the crime to the requested State.

15. Investigation or trial shall be conducted on the grounds of the case or cases brought by the requesting State against the accused in accordance with the legal provisions and procedures of the country holding the trial.

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Article 16

The request for trial on the basis of para (1) of the previous article, entails the suspension of procedures of prosecution, investigation and trial in the territory of the requesting State except those relating to the requisites of cooperation, assistance or rogatory commission sought by the State requested to hold the trial procedures.

Article 17

16. Procedures undertaken in either of the two States - the requesting State or the one where the trial is held - shall be subject to the law of the country where the procedure is executed and which shall have legal preeminence as may be stipulated in its legislation.

17. The requesting State shall not bring to trial or retrial the accused subject unless the requested State refuses to prosecute him.

18. In all cases the State requested to hold trial shall inform the requesting country of its action with respect to the request for trial and shall communicate to it the results of its investigations or trial proceedings.

Article 18

The State requested to hold trial may undertake all measures and procedures stipulated by its legislation regarding the accused both before and after the request for trial is received.

Section IV. Seized Assets and Proceeds of the Crime

Article 19

If the extradition of a subject is decided, the Contracting State shall hand over to the requesting State the assets and proceeds seized, used or related to the terrorist crime, found in the possession of the wanted subject or with a third party.

Article 20

The State requested to hand over the assets and proceeds may undertake all necessary custodial measures and procedures for the implementation of its obligation. It may also retain them provisionally if required for penal action implemented therein or hand them to the requesting State on condition that they shall be returned for the same purpose.


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Section V. Exchange of Evidence

Article 21

A Contracting State shall see to it that the evidence and effects of any terrorist crime committed on its territory against another Contracting State are examined by its competent organs and may seek assistance to that end from any other Contracting State. Moreover, it shall take every necessary step to safeguard the evidence and proof of their legal relevance. It may communicate, if requested, the result to the country whose interest were targeted by the crime. The State or States which have assisted in this case shall not pass this information to others.

PART III MECHANISM FOR IMPLEMENTING COOPERATION

Chapter I. Extradition Procedures

Article 22

The exchange of extradition requests between Contracting States shall be undertaken directly through diplomatic channels or through their Ministries of Justice or their substitute.

Article 23

A request for extradition shall be submitted in writing and shall include:

1. The original or an authenticated copy of the indictment, arrest order or any other instruments of identical weight issued in line with the conditions stipulated in the requesting State's legislation.

2. A statement of the acts for which extradition is sought specifying the dates and places, where these acts were committed and their legal implications along with reference to the legal articles under which they fall as well as a copy of these articles.

3. Description, in as much detail as possible, of the subject wanted for extradition and any other information such as to determine his identity and nationality.

Article 24

1. The judicial authorities in the requesting State may approach the requested State by any channel of written communication and seek the preventive arrest of the wanted subject pending the arrival of the extradition request.

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2. In this case the requested State may effect the preventive arrest of the wanted subject. However, if the request for extradition is not submitted together with the necessary documents listed in the above article, the subject whose extradition is sought may not be detained for more than thirty days as of the day of his arrest.

Article 25

The requesting State shall send a request together with the documents listed in Article 24 of this Convention. If the requested State accepts the request as valid, its competent authorities shall implement it in accordance with its legislation and shall promptly notify the requesting State of the action undertaken.

Article 26

• In all cases stipulated in the two articles above, preventive detention shall not exceed sixty days after the date of arrest.

• Temporary release may be effected during the period stipulated in the previous article and the requested State shall take appropriate measures to ensure that the wanted subject does not escape.

• Release shall not prevent the re-arrest of the subject and his extradition if it was requested after his release.

Article 27

If the requested State requires additional clarification to ascertain the conditions stipulated in this chapter, it shall notify the requesting State thereof and fix a date for provision of such clarifications.

Article 28

If the requested State received a number of extradition requests from various countries related to the same or diverse acts, this State shall decide upon these requests bearing in mind the circumstances and in particular the possibility of subsequent extradition, date of receiving the requests, degree of the danger of the crime and where it was committed.

Chapter II. Measures for Rogatory Commissions

Article 29

Rogatory Commission requests must specify the following:

1. The competent authority that issued the request.


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2. Subject of the request and its reason.

3. The identity and nationality of the person being the subject of the rogatory commission (as may be possible).

4. Information on the crime requiring rogatory commission, its legal definition and penalty inflicted on its perpetrators along with maximum available information on its circumstances in order to ensure the efficient implementation of the rogatory commission.

Article 30

1. The request for rogatory commission shall be forwarded by the Ministry of Justice in the requesting State to the Ministry of Justice in the requested State and returned in the same way.

2. In case of expediency, the request for rogatory commission shall be directly forwarded by the judicial authorities in the requesting State to the judicial authorities in the requested State. A copy of this rogatory commission shall also be sent at the same time to the Ministry of Justice in the requested State. The rogatory commission shall be returned together with the papers concerning its implementation in the way stipulated in the previous item.

3. The request for rogatory commission may be forwarded directly from the judicial authorities to the competent authority in the requested country. Answers may be sent directly through the said authority.

Article 31

Requests for rogatory commission and accompanying documents shall be signed or stamped with the seal of a competent authority or that authorized by it. These documents shall be exempted from all formal procedures that could be required by the legislation of the requested State.

Article 32

If the authority that received the request for rogatory commission was not competent enough to deal with it, it shall automatically transfer it to the competent authority in its country. If the request is forwarded directly the answer shall reach the requesting State in the same manner.

Article 33

Any refusal for rogatory commission shall be explained.

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Chapter III. Measures for Protecting Witnesses and Experts

Article 34

If the requesting State deems that the appearance of the witness or expert before its judicial authorities is of special importance, reference thereto shall be made in its request. The request or summons shall include an approximate statement in terms of compensation, travel expenses, accommodation and commitment to make these payments. The requested State shall invite the witness or expert and inform the requesting State about his/her reply.

Article 35

1. No penalty nor coercive measure may be inflicted upon the witness or expert who does not comply with the summons even if the writ provides for such a penalty.

2. If the witness or expert arrives voluntarily to the territory of the requesting State, he shall be summoned according to the provisions of the internal legislation of this State.

Article 36

1. A witness or expert may not be subjected to trial, detained or have his freedom restricted in the territory of the requesting State, for acts or court rulings that preceded his departure for the requesting State, irrespective of his nationality, as long as his appearance before the judicial authorities of the said State is based on a summons.

2. No witness or expert, whatever his nationality, appearing before the judiciary of the State in question on the basis of a summons, may be prosecuted or detained or have his freedom restricted in any way on the requesting State's territory for other acts or court decisions not mentioned in the summons and predating his departure from the State from which he is requested.

3. The immunity privileges stated in this Article shall become invalid if a witness or expert remains on the requesting State's territories for over thirty consecutive days despite his ability to return once his presence was no longer requested by the judiciary, or if he returns to the requesting State's territories after his departure.

Article 37

1. The requesting State shall undertake all necessary measures to ensure the protection of a witness or expert from publicity that could endanger him, his family or his property as a result of his testimony and in particular:

(a) To ensure confidentiality of the date and place of his arrival as well as the means involved.


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(b) To ensure confidentiality of his accommodation, movements and locations where he may be found.

(c) To ensure confidentiality of the testimony and information given to the competent judicial authorities.

2. The requesting State shall provide necessary security required by the condition of the witness or expert and of his family, and circumstances of the case and types of expected risks.

Article 38

1. If the witness or expert who is summoned to the requesting State is imprisoned in the requested State, he shall be provisionally transferred to the location of the hearing at which he is to testify according to conditions and times determined by the requested State.

Transfer may be denied:

(a) If the witness or expert refuses.

(b) If his presence is necessary for undertaking criminal procedures in the territory of the requested State.

(c) If his transfer would prolong his imprisonment.

(d) If there are considerations militating against his transfer.

2. The transferred witness or expert shall remain in detention in the territory of the requesting State until he is repatriated to the requested Tate unless the latter requests his release.

PART IV FINAL PROVISIONS

Article 39

This Convention shall be ratified, or adhered to, by the Signatory States and the instruments of ratification or accession shall be deposited with the General Secretariat of the Organisation of the Islamic Conference not exceeding a period of thirty days as of the date of ratification or accession. The General Secretariat shall inform all Member States about any deposition and date of such instruments.

Article 40

1. This Convention shall enter into force thirty days after the deposit of the seventh instrument of ratification or accession at the OIC General Secretariat.

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2. This Convention shall not be applicable to any other Islamic State until it deposits its instruments of ratification or accession with the General Secretariat of the Organisation of the Islamic Conference and after a period of thirty days of the date of deposition.

Article 41

It is not permissible for any Contracting State to make any reservation, explicitly or implicitly in conflict with the provisions of this Convention or deviating from its objectives.

Article 42

1. A Contracting State shall not withdraw from this Convention except by a written request to the Secretary General of the Organization of the Islamic Conference.

2. Withdrawal shall be affective six months after the date of sending the request to the Secretary General. This Convention has been written in English, Arabic and French of equal authenticity, of one original deposited with the General Secretariat of the Organization of the Islamic Conference which shall have it registered at the United Nations Organization, in accordance with the provisions of Article 102 of its Charter. The General Secretariat shall communicate approved copies thereof to the Member States of the Organization of the Islamic Conference.


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5. Convention on Extradition and Mutual Legal Assistance in Counter-terrorism (Rabat Convention), 2008

Adopted by the Fifth Conference of Ministers of Justice of the francophone African countries on the implementation of the international counter-terrorisminstruments

Entry into force in accordance with Article 55 paragraph 4 Depositary: Royaume du Maroc

PREAMBLE

The African States Parties to this Convention, States Members of the United Nations and members of the International Organization of la Francophonie;

Reaffirming their commitment to the United Nations Global Counter-Terrorism Strategy adopted on 8 September 2006 (A/RES/60/288);

Reaffirming also the Ouagadougou Declaration (A/61/992-S/2007/416), the provisions of the Charter of la Francophonie and the principles of the Bamako and Saint Boniface Declarations;

Considering that the general principles of international law are applicable to situations that are not covered by this Convention;

Underlining the universal and indivisible nature of all civil, political, economic, social and cultural rights, including the right to development, as recognized in the Vienna Declaration of 25 June 1993, and the determination of our States and Governments, Parties to this Convention, to ensure full enjoyment thereof for every citizen;

Reaffirming their solemn decision to implement all General Assembly resolutions concerning measures to eliminate international terrorism and relating to the protection of human rights and fundamental freedoms in the fight against terrorism, and all Security Council resolutions on threats to international peace and security caused by terrorist acts;

Strongly reiterating condemnation of all forms and manifestations of terrorism, wherever it takes place, for whatever purpose it is carried out and whoever the perpetrator may be, given that it constitutes one of the most serious threats to international peace and security, in accordance with the purposes and principles enshrined in the Charter of the United Nations;

Recognizing that international cooperation is essential for preventing and combating terrorism in accordance with the obligations imposed by international law, in particular the Charter of the United Nations and the relevant international conventions and protocols, especially those instruments relating to human rights, the rights of refugees and international humanitarian law;

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Committed to cooperating fully in the fight against terrorism, in accordance with their obligations under international law, in order to find, deny safe haven and bring to justice, through extradition or prosecution, any person who supports, facilitates, participates or attempts to participate in the financing, planning, preparation or perpetration of terrorist acts or provides safe havens;

Committed to ensuring that persons responsible for terrorist acts are apprehended, prosecuted or extradited, in accordance with the relevant provisions of national and international law, with due respect for human rights, the rights of refugees and international humanitarian law; Have agreed as follows:

PART I GENERAL PROVISIONS FOR MUTUAL LEGAL ASSISTANCE

AND EXTRADITION

Article 1

Definitions

For the purposes of this Convention, the term:

1. “Criminal matters” includes any investigation, prosecution or legal procedure relating to a terrorist act provided for in one of the international counter-terrorism instruments set forth in paragraph 5 of this article.

2. “Extradition” shall mean the delivery of a person who is sought by the requesting State Party for criminal prosecution for one of the offences provided for, in particular, in one of the international counter-terrorism instruments set forth in paragraph 5 of this article or in order to serve the sentence imposed for such an offence.

3. “Requesting State Party” shall mean the State Party which asks the requested State Party for mutual legal assistance in respect of a criminal matter and/or the extradition or provisional arrest with a view to extradition of a person.

4. “Requested State Party” shall mean a State which receives from the Requesting State Party a request for mutual legal assistance in respect of a criminal matter and/or the extradition or provisional arrest with a view to extradition of a person.

5. “International counter-terrorism instruments” shall mean, in particular, the international instruments set forth below:

(a) Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963;


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(b) Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970;

(c) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971;

(d) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973;

(e) International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979;

(f) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980;

(g) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 24 February 1988;

(h) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Done at Rome on 10 March 1988;

(i) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, Done at Rome on 10 March 1988;

(j) Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991;

(k) International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997;

(l) International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999;

(m) International Convention for the Suppression of Acts of Nuclear Terrorism, adopted by the General Assembly of the United Nations on 13 April 2005;

(n) Amendment to the Convention on the Physical Protection of Nuclear Material, Done at Vienna on 8 July 2005;

(o) Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Done at London on 14 October 2005;

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(p) Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, Done at London on 14 October 2005.

6. “Central authority” shall mean the authority established by each State Party in order to implement this Convention.

Article 2

Designation of the competent central authorities

Each State Party shall designate and indicate to the United Nations Office on Drugs and Crime, which in turn shall transmit to the depository of this Convention, information concerning the central authority or authorities by or through which requests for mutual legal assistance and/or extradition for the purposes of this Convention should be made or received.

Article 3

Role of the competent central authorities

The central authority shall be responsible for:

(a) Formulating and receiving requests for mutual assistance and extradition and implementing and/or ensuring the implementation of such requests;

(b) If necessary, certifying or authenticating, or having certified or authenticated, all documents and other materials submitted in response to a request for mutual assistance and/or extradition;

(c) Taking appropriate practical measures to facilitate the swift and orderly retransmission of requests for mutual assistance and extradition;

(d) Negotiating and accepting conditions relating to requests for mutual assistance and extradition, and ensuring that these conditions are observed;

(e) Taking all steps deemed necessary to transmit documentary evidence gathered in response to a request for mutual assistance or extradition to the competent authority of the requesting State Party, or authorizing any other body to do so;

(f) Carrying out the other tasks provided for by this Convention or those necessary, where appropriate, for effective and high-quality mutual assistance and/or extradition to be provided or received.


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Article 4



2. Nothing in this Convention shall entitle a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law.

3. Nothing in this Convention shall oblige a State Party to grant mutual legal assistance and/or extradition if it has not ratified the international counter-terrorism instrument on which the request for mutual legal assistance and/or extradition is based.

Article 5

Exclusion of the political or fiscal exception clause

1. None of the offences set forth in the universal counter-terrorism instruments shall be regarded, for the purposes of mutual legal assistance and extradition between States Parties, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for mutual legal assistance or for extradition based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

2. None of the offences set forth in the International Convention for the Suppression of the Financing of Terrorism shall be regarded, for the purposes of mutual legal assistance and extradition between States Parties, as a fiscal offence or as an offence connected with a fiscal offence. Accordingly, a request for mutual legal assistance or for extradition based on such an offence may not be refused on the sole ground that it concerns a fiscal offence or an offence connected with a fiscal offence.

Article 6

Anti-discrimination clause

Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual legal assistance in criminal matters or to extradite, if there are substantial grounds for believing that the request for mutual legal assistance in criminal matters or for extradition concerning one of the offences set forth in the international counter-terrorism instruments has been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion, or that

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compliance with the request would cause prejudice to that person’s position for any of these reasons.

Article 7

Grounds for refusal

1. Reasons shall be given for any partial or total refusal to comply with a request for mutual legal assistance in criminal matters or for extradition and such reasons shall be communicated by the requested State Party to the requesting State Party.

2. Before refusing extradition or mutual legal assistance, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.

3. With regard to mutual legal assistance and where possible, the central authority of the requested State Party shall be permitted to approve a request and to afford the assistance sought, subject to such conditions as it deems appropriate in the particular case under consideration, including but not limited to restrictions on all use. Once these conditions have been accepted by the requesting State Party to the satisfaction of the central authority of the requested State Party, the latter may transmit the results of the execution of the request.

4. This Convention shall not prevent the requested State Party from invoking the grounds for refusal of mutual assistance and extradition provided for by a bilateral treaty on mutual legal assistance and/or extradition, nor, in the absence of such a treaty, the applicable principles of its domestic law, including when execution of the request would be detrimental to its sovereignty, its security, its public order or other essential interests.

PART II MUTUAL LEGAL ASSISTANCE

Section I: General provisions

Article 8

Purpose

The Parties shall, in accordance with the provisions of this Convention, afford to each other the widest possible measures of mutual legal assistance in all proceedings related to offences covered by the international counter-terrorism instruments, the punishment of which, at the time of the request for mutual legal assistance, falls within the jurisdiction of the judicial authorities of the requesting State.


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Article 9


Mutual legal assistance in criminal matters to be afforded in accordance with this Convention may be requested for any of the following purposes:









(i) Any other type of assistance that is not contrary to the domestic law of the requested State Party.

Article 10

Prohibition on invoking bank secrecy

States Parties shall not decline to render mutual legal assistance in criminal matters pursuant to this Convention on the ground of bank secrecy.

Article 11

Dual criminality

1. States Parties may decline to render mutual legal assistance pursuant to this Convention on the ground of absence of dual criminality.

2. However, the requested State Party may, when it deems appropriate, provide assistance, to the extent it decides at its discretion, irrespective of whether the conduct would constitute an offence under its domestic law.

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Article 12

Forms of the request

1. The central authority of the requested State Party shall accept a request for mutual assistance from a requesting State Party by any means producing a written communication and under conditions that allow it to verify the authenticity of the request.

2. In an emergency, the central authority of the requested State Party shall accept a verbal request, provided that this is confirmed by any means producing a written communication and at the earliest opportunity.

Article 13

Transmission of requests for mutual legal assistance in criminal matters

In an emergency, requests for mutual assistance shall be transmitted directly from one judicial authority to another. The central authority of the requesting Party, at its earliest convenience, shall transmit the original copy of the request to the central authority of the requested Party. All requests for mutual legal assistance may be transmitted through the International Criminal Police Organization (ICPO)-INTERPOL to the central authority of the requested Party.

Article 14

Contents of requests

1. A request for mutual legal assistance in criminal matters shall contain the following elements:

(a) Formal identification of the requesting authority conducting the investigation, prosecution or court proceedings to which the request relates, including its name, its functions and/or titles, its full contact details and those of the person authorized to answer questions related to the request, the language or languages in which the requesting authority may be contacted and, where appropriate, the case references;

(b) The legal basis for the request;

(c) A description of the assistance sought and, where appropriate, of any particular procedure that the requesting State Party wishes to be followed;

(d) The nature and legal qualification of the facts in the requesting State Party and the applicable legal provisions;6

__________________ 6 C opies of incriminating documents shall be annexed to the request.


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(e) The purpose of the request;

(f) A description of the criminal case, including a summary of the facts, except in relation to requests for the purpose of service of judicial documents and any relevant offences and penalties;

(g) The particulars of the person to be heard as a witness or as the accused, including his or her given name, family name and, where appropriate, maiden name and any aliases; his or her sex, nationality, date and place of birth and known residence or address; the language or languages understood by the wanted person; and distinctive features, photographs and fingerprints of the wanted person;

(h) A description of the items to be seized and/or returned and, where appropriate, their locations;

(i) Such other information as is necessary for the proper execution of the request;

(j) The expected deadline required to complete the request and, in an emergency, the grounds for time constraints;

(k) Where applicable, assurances of reciprocity;

(l) The signature and official seal of the requesting authority and the date the request was issued;

(m) Where applicable, annexes containing relevant documents enclosed with the request.

2. In the event that the information referred to in paragraph 1 of this article is insufficient, the requested State Party may seek additional information from the requesting State Party.

3. When a request does not contain the information referred to in paragraph 1 of this article, the validity of this request shall not thereby be affected and this lack of information shall not be used to avoid the execution of the request.

Article 15

Applicable law

A request shall be executed in accordance with the domestic law of the requested State Party and, to the extent not contrary to its domestic law and where possible, in accordance with the procedures specified in the request.

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Article 16

Confidentiality

The requested State Party shall do its utmost to maintain the confidential nature of a request and its contents, if so requested by the requesting State Party. If the request cannot be executed without breaching the requested confidentiality, the central authority of the requested State Party shall so inform the requesting State Party, which shall then determine whether the request should nevertheless be executed.

Article 17

Rule of speciality

1. The requesting State Party shall not, without the consent of the requested State Party, use or transfer information or evidence provided by the requested State Party for investigations or judicial proceedings other than those stated in the request. However, the central authority of the requesting State Party may authorize their use or transfer for these other purposes.

2. Notwithstanding the principle set out in paragraph 1 of this article, in cases where the charge is altered, the material provided may be used insofar as the offence, as charged, is an offence in respect of which mutual assistance could be provided under this Convention.

Article 18

Provision of publicly available documents and other records

1. The requested State Party shall provide copies of documents and records insofar as they are open to public access as part of a public register or otherwise, or insofar as they are available to the general public under its domestic law.

2. The requested State may provide copies of any other document or record under the same conditions as such document or record may be provided to its own law enforcement and judicial authorities.

3. The requested State Party may, at its discretion, provide to the requesting State Party in whole, in part or subject to such conditions as it deems appropriate, copies of any government records, documents or information in its possession that under domestic law are not available to the general public.


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Article 19

Presence at the execution of the request for assistance

1. If the requested State Party so agrees, the competent authorities of the requesting State Party may nominate suitably qualified persons to witness the execution of the request for mutual assistance. In this case, the requested State Party shall inform the requesting State Party of the date and place of execution of the request for mutual assistance.

2. When they have witnessed the execution of the request for mutual assistance, the suitably qualified persons nominated by the requested State Party may receive a copy of the documents produced in response to the request.

Article 20

Certification and authentication

Unless otherwise provided for by this Convention, a request for mutual legal assistance in criminal matters and the documents in support thereof, as well as documents or other material supplied in response to such a request, shall not require certification or authentication.

Article 21

Deadlines for execution of the request

1. The requested State Party shall execute the request for mutual legal assistance as soon as possible and shall take as full account as possible of any deadlines suggested by the requesting State Party and for which reasons are given, preferably in the request. The requested State Party shall respond to reasonable requests by the requesting State Party on the status, and progress in its handling, of the requests. The requesting State Party shall promptly inform the requested State Party when the assistance sought is no longer required.

2. Mutual legal assistance may be postponed by the requested State Party on the grounds that it interferes with an ongoing investigation, prosecution or judicial proceeding. However, before postponing the execution of a request pursuant to paragraph 1 of this article, the requested State Party shall consult with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary. If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions.

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Article 22

Return of materials to the requested State

Any property, as well as original records or documents, handed over to the requesting State under this Convention shall be returned to the requested State as soon as possible unless the latter waives its right of return thereof.

Article 23

Costs of mutual legal assistance

The ordinary costs of executing a request for mutual legal assistance in criminal matters shall be borne by the requested State Party, unless otherwise determined by the Parties. If expenses of a substantial or extraordinary nature are or will be required to execute the request, the Parties shall consult in advance to determine the terms and conditions under which the request shall be executed.

Article 24

Spontaneous transmission of information


2. The authority which provides the information may, in accordance with its national law, subject its use by the recipient authority to certain conditions. The latter shall comply with these conditions.

Section II. Specific provisions relating to certain forms of mutual legal assistance in criminal matters

Article 25

Service of documents

1. Without prejudice to article 15 of this Convention, the requested State Party shall effect the service of summons and court decisions that are transmitted to it for this purpose by the requesting Party. This service may be effected by simple transmission of the summons or decision to the recipient. If expressly requested by the requesting State Party or the requesting authority, the requested States Party shall effect the service of documents in one


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of the forms provided for by the legislation of the requesting State Party for similar services, or in a special form compatible with this legislation.

2. Proof of service shall be effected by means of a receipt signed and dated by the recipient or a statement by the requested State Party recording the act, form and date of service. Either document shall be immediately transferred to the requesting State Party. At the request of the latter, the requested State Party shall specify whether service has been effected in accordance with its law. If service could not be effected, the requested State Party shall immediately inform the requesting State Party of the reasons for this.

3. The requested State Party may postpone the servicing of property, records or documents whose transmission is requested, if these are required by it for an ongoing criminal procedure.

4. Any property, as well as original records or documents, transmitted pursuant to the execution of a request for mutual legal assistance shall be returned by the requesting State Party to the requested authority as soon as possible unless the latter waives its right of return thereof.

Article 26

Obtaining of evidence and statements

1. If the requesting State Party considers it particularly necessary for a witness or an expert to appear in person before its judicial authorities or to assist in an investigation in relation to a criminal matter, it shall refer to this in the subpoena and the requesting central authority shall invite this expert or this witness to appear in a criminal proceeding or to assist in an investigation in relation to a criminal matter. The requested central authority shall inform the requesting authority of the response of the witness or expert. Where appropriate, the requesting State Party shall prove that the necessary arrangements have been made to guarantee the safety of the person in question.

2. A subpoena shall be delivered to the requested State Party at least 30 days before a person is to appear. In an emergency, the requested State Party shall accept an earlier deadline.

3. The payment of allowances and the reimbursement of travel and accommodation expenses to witnesses and experts by the requesting State Party shall be calculated from the place of their residence and shall be allocated to them at rates at least equal to those provided for by the tariffs and regulations in force in the State where the hearing shall be held. If so requested, the requested central authority may agree to provide the witness or expert with an advance. Such an advance shall be mentioned in the subpoena and shall be reimbursed by the requesting State Party.

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4. A person who is required to give evidence in the requested or requesting State Party may decline to give evidence where either:

(a) The law of the requested State Party permits or requires that person to decline to give evidence in similar circumstances in proceedings originating in the requested State Party; or

(b) The law of the requesting State Party permits or requires that person to decline to give evidence in similar circumstances in proceedings originating in the requesting State Party.

5. If a person claims that there is a right or obligation to decline to give evidence under the law of the other State Party, the State where that person is present shall, with respect thereto, rely on a certificate of the competent authority of the other State as evidence of the existence or non-existence of that right or obligation.

Article 27

Appearance of detained persons

1. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to offences covered by the international counter-terrorism instruments may be transferred if the following conditions are met:


(b) The requested State Party gives its consent.



(b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties;



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(d) The person transferred shall receive credit for service of the sentence being served in the State Party from which he or she was transferred for time spent in the custody of the State to which he or she was transferred.

3. Unless the State Party from which a person is to be transferred in accordance with paragraphs 1 and 2 of this article so agrees, that person, whatever his or her nationality, shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in the territory of the State Party to which that person is transferred in respect or acts, omissions or convictions prior to his or her departure from the territory of the State Party from which such person was transferred.

4. The transit of the detained person in the territory of another State Party to this Convention shall be granted upon a request accompanied by any relevant documents and addressed by the central authority of the requesting State Party to the central authority of the requested State Party of the transit, or by the Ministry for Justice of the requesting State Party to the Ministry of Justice of the requested State Party of the transit.

Article 28

Safe conduct

1. A witness, whether or not he or she is a detainee, or an expert, whatever his or her nationality, who appears before the judicial authorities of the requesting State Party following a subpoena or who assists in an investigation in relation to a criminal matter, may not be prosecuted, detained or subjected to any other restriction of personal liberty in the territory of this State for acts or convictions that preceded his or her departure from the requested State and were not referred to in the subpoena.

2. The immunity provided for in this article shall cease to apply if the witness or expert, being free to leave, has not left the requesting State Party within a period of 15 consecutive days after his or her presence was no longer required by the judicial authorities or, having left, has returned.

3. A person who does not consent to a request pursuant to articles 26 and 27 of this Convention shall not, by reason thereof, be liable to any penalty or be subjected to any coercive measure, notwithstanding any contrary statement.

Article 29

Obtaining evidence and statements by videoconference

1. The competent authority of the requesting State Party may request the use of video or telephone transmissions to obtain evidence, to deliver statements, to identify persons or property, or to provide any other form of assistance.

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2. The costs for establishing and maintaining a video or telephone link in the requested State Party shall be borne by the requesting State Party, unless otherwise agreed.

Article 30

Search and seizure

The competent authorities of the requested State shall, insofar as its law permits, carry out requests for search and seizure and delivery of any material to the requesting State Party for evidentiary purposes, provided that the rights of bona fide third parties are protected.

Article 31

Freezing, seizure and confiscation of property, instruments of crime and proceeds of crime

1. For the purposes of this article:

(a) “Freezing” or “seizure” shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a competent authority or a court;

(b) “Confiscation” shall mean the permanent deprivation of property, in accordance with the national provisions of States, by order of a competent authority or a court;

(c) “Property” shall mean property and assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents and instruments evidencing title to or ownership of such property and assets, any property used or intended to be used, in whole or in part, in the context of or as the result of any act that constitutes an offence as defined in the universal counter-terrorism instruments;

(d) “Instruments of crime” shall mean any property:

(i) used for, or in the context of, the commission of an offence or an illicit activity; or

(ii) intended to be used for, or in the context of, the commission of an offence or an illicit activity; whether or not the location of such property, or the site of the commission of the offence, is inside or outside the requested State Party;

(e) “Proceeds of crime” shall mean any funds derived from or obtained, directly or indirectly, through the commission of an offence referred to by the international counter-terrorism instruments, whether or not the location of such property, or the site of the commission of the offence, is inside or outside the requested State Party.


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2. If so requested by a State, the competent authority of the requested State Party shall order the freezing or seizure of property, the proceeds or instruments of a crime, or property held for terrorist purposes if it is convinced that there are sufficient grounds to obtain an order for such purposes pursuant to the law of the requesting State Party. This order shall be applied as if the offence in question had been committed in the territory of the requested State Party.

3. The requested State Party, to the extent permitted by its domestic law and if so requested, shall give priority consideration to returning the confiscated proceeds of crime or property to the requesting State Party so that it can give compensation to the victims of the crime or return such proceeds of crime or property to their legitimate owners.

Article 32

Official denunciation for the purpose of instituting proceedings

Any denunciation addressed by one State Party for the purpose of proceedings in the courts of another State Party shall be the subject of communications between the central authorities or the Ministries of Justice. The requested State Party shall make known the outcome of the denunciation and, where appropriate, transmit a copy of any decision reached.

PART III EXTRADITION

Article 33

The obligation to extradite or prosecute

1. The States Parties undertake to extradite to the other, upon request and subject to the provisions of the present Convention, any person who is wanted in the requesting State Party for prosecution for any offence provided for in the international counterterrorism instruments, or for the imposition or enforcement of a sentence in respect of such an offence.

2. If the requested State Party responds negatively to the extradition request, it shall be obliged, without exception, regardless of where the crime was committed or the perpetrator’s nationality, and without undue delay, to submit the case to its competent authorities for the purpose of prosecution. The requesting State Party shall, to the extent possible, formally submit the case for the purposes of prosecution.

3. Each State Party shall take such measures as may be necessary to establish its jurisdiction in accordance with the present Convention in the case where the suspected offender is present in its territory and it does not extradite him to a State Party whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State

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Party. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 34

Extraditable offences

1. For the purposes of the present Convention, extraditable offences are offences referred to in the international counter-terrorism instruments. Where the request for extradition relates to a person who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty imposed for such an offence, extradition shall be granted only if a period of at least six months of such sentence remains to be served.

2. In determining whether an offence is an offence punishable under the laws of both Parties, it shall not matter whether:

(a) The laws of the States Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology;

(b) Under the laws of the States Parties the constituent elements of the offence differ, it being understood that the totality of the acts or omissions as presented by the requesting State shall be taken into account.

Article 35

Mandatory grounds for refusal

Article 5 of the present Convention notwithstanding, extradition shall be refused on the following grounds:

1. Torture and other cruel, inhuman or degrading treatment or punishment: No provision of the present Convention shall be interpreted as implying an obligation to extradite if the person whose extradition is requested is at risk of being subjected to torture or cruel, inhuman or degrading treatment or punishment as defined by international law.

2. Nationality: If the person whose extradition is requested is a national of the requested State Party, where the domestic law of the latter prohibits the extradition of nationals;

3. Due process guaranties: If the person whose extradition is requested has not received or would not receive the minimum guarantees in criminal proceedings, as contained in the article 14 of the International Covenant on Civil and Political Rights;7

__________________

7 Article 14 of the International Covenant on Civil and Political Rights:

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a


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4. Judgement in absentia: If the judgement of the requesting State Party has been rendered in absentia, the convicted person has not had sufficient notice of the trial or the opportunity to arrange for his or her defence and he has not had or will not have the opportunity to have the case retried in his or her presence.

Article 36

Optional grounds for refusal

Extradition may be refused:

1. Final judgement: If there has been a final judgement rendered against the person in the requested State Party in respect of the offence for which the person’s extradition is requested;

__________________

competent, independent and impartial tribunal established by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

1. To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

2. To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

3. To be tried without undue delay;

4. To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

5. To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

6. To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

7. Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

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2. Proceedings are pending in the requested State Party: If a prosecution in respect of the offence for which extradition is requested is pending in the requested State Party against the person whose extradition is requested.

3. Statute of limitations: If prosecution or punishment of the wanted person is barred under the law of the requested State Party or the requesting State Party due to the lapse of time or the expiration of the statute of limitations at the time of receipt of the extradition request;

4. Humanitarian considerations: If the requested State Party, while also taking into account the nature of the offence and the interests of the requesting State Party, considers that, in the circumstances of the case, the extradition of that person would be incompatible with humanitarian considerations in view of age, health or other personal circumstances of that person.

Article 37

Applicable sentence

If the applicable sentence in the requesting State Party’s legislation for the offence for which extradition has been requested is not provided for in the law of the requested State Party, the applicable penalty for the same offences provided for by the requested State Party’s legislation shall, on agreement between the two States Parties be substituted.

Article 38

Form and content of the request

1. A request for extradition shall be made in writing.

2. A request for extradition shall include the following elements:

(a) Formal identification of the requesting authority responsible for the court proceedings to which the request relates, including its name, its functions and/or title, its full contact details and those for the person authorized to answer questions regarding the request, the language or languages in which the requesting authority may be contacted and, where appropriate, case references;

(b) The nature and legal qualification of the facts in the requesting State Party or, where necessary, an explanation of the law applicable to the offence and a statement of the penalty for the offence, as well as the applicable legal provisions;8

(c) A description of the criminal case including a summary of the facts;

__________________

8 Copies of incriminating documents shall be annexed to the request.


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(d) The particulars of the person to be extradited, including the given name, family name and, where applicable, maiden name and any aliases; his or her sex, nationality, date and place of birth, known residence or address; the language or languages understood by the wanted person; and distinctive features, photographs and fingerprints of the wanted person;

(e) Such other information as is necessary for the proper execution of the request;

(f) Where applicable, assurances of reciprocity;

(g) The signature and official seal of the requesting authority and the date the request was issued;

(h) Annexes containing relevant documents enclosed with the request.

3. A request for extradition shall be accompanied by the following:

(a) If the person is accused of an offence, by a warrant issued by a court or other competent judicial authority for the arrest of the person or a certified copy of that warrant, a statement of the offence for which extradition is requested and a description of the acts or omissions constituting the alleged offence, including an indication of the time and place of its commission;

(b) If the person has been convicted of an offence, by a statement of the offence for which extradition is requested and a description of the acts or omissions constituting the offence and by the original or certified copy of the judgement or any other document setting out the conviction and the sentence imposed, the fact that the sentence is enforceable, and the extent to which the sentence remains to be served;

(c) If the person has been convicted of an offence in his or her absence, in addition to the documents set out in paragraph (b) above, by a statement as to the legal means available to the person to prepare his or her defence or to have the case retried in his or her presence;

(d) If the person has been convicted of an offence but no sentence has been imposed, by a judicial decision or by a document setting out the conviction and a statement affirming that there is an intention to impose a sentence.

4. If the information specified in paragraph 2 of the present article is not included in the request, steps shall be taken to provide it.

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Article 39

Delivery of the request

The extradition request, supporting material and subsequent communications shall be sent by the designated central authorities in accordance with article 2 of the present Convention, or through the diplomatic channel.

Article 40

Simplified extradition procedure

The requested State Party, if not precluded by its law, may grant extradition after receipt of a request for provisional arrest, provided that the person sought explicitly consents before a competent authority.

Article 41

Certification and authentication

Except as provided by the present Convention, a request for extradition and the documents in support thereof, as well as documents or other material supplied in response to such a request, shall not require certification or authentication.

Article 42

Additional information

If the requested State Party considers that the information provided in support of a request for extradition is not sufficient, it may request that additional information be furnished within such reasonable time as it specifies.

Article 43

Provisional arrest

1. In case of urgency the requesting State Party may apply for the provisional arrest of the person sought pending the presentation of the request for extradition. The application shall be transmitted by means of the facilities of the International Criminal Police Organization (INTERPOL), by post, or by any other means affording a record in writing.

2. The application shall contain a description of the person sought, a statement that extradition is to be requested, a statement of the existence of one of the documents mentioned in paragraph 38 of the present Convention, authorizing the apprehension of the person, a statement of the punishment that can be or has been imposed for the offence,


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including the time left to be served and a concise statement of the facts of the case, and a statement of the location, where known, of the person.

3. The requested State Party shall decide on the application in accordance with its law and communicate its decision to the requesting State Party without delay.

4. The person arrested upon such an application shall be set at liberty upon the expiration of 40 days from the date of arrest if a request for extradition, supported by the relevant documents specified in article 38 of the present Convention, has not been received. The present paragraph does not preclude the possibility of provisional release of the person prior to the expiration of the 40 days.

5. The release of the person pursuant to paragraph 4 of the present article shall not prevent rearrest and institution of proceedings with a view to extraditing the person sought if the request and supporting documents are subsequently received.

Article 44

Applicable law

The requested State Party shall deal with the request for extradition pursuant to procedures provided by its own law.

Article 45

Decision on the request

The requested State Party shall promptly communicate its decision to the requesting State.

Article 46

Surrender of the person

1. Upon being informed that extradition has been granted, the States Parties shall, without undue delay, arrange for the surrender of the person sought and the requested State Party shall inform the requesting State Party of the length of time for which the person sought was detained with a view to surrender.

2. The person shall be removed from the territory of the requested State Party within such reasonable period as the requested State Party specifies and, if the person is not removed within that period, the requested State Party may release the person and may refuse to extradite that person for the same offence.

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3. If circumstances beyond its control prevent a State Party from surrendering or removing the person to be extradited, it shall notify the other State Party. The two States Parties shall mutually decide upon a new date of surrender, and the provisions of paragraph 2 of the present article shall apply.

Article 47

Postponed or conditional surrender

1. The requested State Party may, after making its decision on the request for extradition, postpone the surrender of a person sought, in order to proceed against that person, or, if that person has already been convicted, in order to enforce a sentence imposed for an offence other than that for which extradition is sought. In such a case the requested State Party shall advise the requesting State Party accordingly.

2. The requested State Party may, instead of postponing surrender, temporarily surrender the person sought to the requesting State Party in accordance with conditions to be determined between the Parties.

Article 48

Surrender of property

1. To the extent permitted under the law of the requested State Party and subject to the rights of third parties, which shall be duly respected, all property found in the requested State Party that has been acquired as a result of the offence or that may be required as evidence shall, if the requesting State Party so requests, be surrendered if extradition is granted.

2. The said property may, if the requesting State Party so requests, be surrendered to the requesting State Party even if the extradition agreed to cannot be carried out.

3. When the said property is liable to seizure or confiscation in the requested State Party, it may retain it or temporarily hand it over.

4. Where the law of the requested State Party or the protection of the rights of third parties so require, any property so surrendered shall be returned to the requested State Party free of charge after the completion of the proceedings, if that State Party so requests.

Article 49

Rule of speciality

1. A person extradited under the present Convention shall not be prosecuted, sentenced, detained, re-extradited to a third State, or subjected to any other restriction of personal


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liberty in the territory of the requesting State Party for any offence committed before surrender other than:

(a) An offence for which extradition was granted;

(b) Any other offence in respect of which the requested State Party consents. Consent shall be given if the offence for which it is requested is itself subject to extradition under the present Convention.

2. A request for the consent of the requested State Party under the present article shall be accompanied by the documents mentioned in article 38 of the present Convention and a legal record of any statement made by the extradited person with respect to the offence.

3. Paragraph 1 of the present article shall not apply if the person has had an opportunity to leave the requesting State Party and has not done so within 45 days of final discharge in respect of the offence for which that person was extradited or if the person has voluntarily returned to the territory of the requesting State Party after leaving it.

Article 50

Transit

1. Where the extradition requires transit through a third State that is Party to the present Convention, the requesting Party shall request the third State to permit the transit of that person through its territory. This does not apply where air transport is used and no landing in the territory of the other Party is scheduled.

2. Upon receipt of such a request, which shall contain relevant information, the requested State Party shall deal with this request pursuant to procedures provided by its own law. The requested State Party shall grant the request expeditiously unless its essential interests would be prejudiced thereby.

3. The State of transit shall ensure that legal provisions exist that would enable detaining the person in custody during transit.

4. In the event of an unscheduled landing, the Party to be requested to permit transit may, at the request of the escorting officer, hold the person in custody for 72 hours, pending receipt of the transit request to be made in accordance with paragraph 1 of the present article.

5. The States Parties may consider concluding bilateral or multilateral agreements on implementation of the present article.

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Article 51

Concurrent requests

If extradition is requested concurrently by several States, whether for the same offence or for a different offence, the requested State Party shall, at its discretion, determine to which of those States the person is to be extradited, taking into account all circumstances, including the person’s nationality, the possibility of a subsequent extradition between the two requesting States, the respective dates of the requests, and the relative gravity and location of the offences.

Article 52

Costs of extradition

1. The requested State Party shall meet the cost of any proceedings in its jurisdiction arising out of a request for extradition and the costs incurred in its territory in connection with the seizure and handing over of property, or the arrest and detention of the person whose extradition is sought.

2. The requesting State Party shall bear the costs incurred in conveying the person from the territory of the requested State Party, including transit costs and other extraordinary costs associated with the extradition.

Final provisions

Article 53

Relation to other conventions, treaties and agreements

The present Convention shall apply without prejudice to other international and/or regional provisions that are more favourable to mutual legal assistance and/or extradition.

Article 54

Consultation

The States Parties shall consult promptly, at the request of either, concerning the interpretation, application or implementation of the present Convention, either generally or in relation to a particular case.


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Article 55


1. Conference of States Parties to the Convention: A Conference of States Parties to the Convention shall be established to enhance the ability of the States Parties to implement the present Convention.

2. Secretariat: The United Nations Office for Drug Control and Crime Prevention, in cooperation with the International Organization of la Francophonie, shall provide the necessary secretariat services for the Conference of States Parties to the Convention.

3. Signature, ratification, acceptance and approval: The present Convention shall be open for signature by all States until 31 December 2009. It shall be submitted for ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Kingdom of Morocco.

4. Entry into force: The present Convention shall enter in force on the twentieth day following the date of deposit of the tenth instrument of ratification, acceptance or approval.

5. Amendments: After a period of five years from the entry into force of the present Convention, a State Party may propose an amendment and send it to the United Nations Office for Drug Control and Crime Prevention for transmission to the Kingdom of Morocco. The latter, in cooperation with the United Nations Office for Drug Control and Crime Prevention, shall send the proposed amendment to the States Parties and to the Conference of States Parties to the Convention for their review and decision on it. The Conference of States Parties to the Convention shall make every effort to reach a consensus on each amendment. Should such efforts be exhausted without agreement being reached, the amendment shall be adopted by a two-thirds majority of States Parties present and eligible to vote at the Conference of States Parties. On adoption, an amendment shall be submitted for ratification, acceptance or approval by the States Parties. Such amendment shall enter into force for a State Party 20 days after the date of deposit by said State Party with the Kingdom of Morocco. An amendment that has entered into force shall be binding on the States Parties that have agreed to it. Other States Parties shall be bound by the provisions of the present Convention and all previous amendments that they have ratified, accepted or approved.

6. Denunciation: A State Party may denounce the present Convention by means of written notification addressed to the depository of the present Convention. Such a denunciation shall take effect one year after the date of receipt of the notification by the depository of the present Convention.

7. Depository: The Kingdom of Morocco shall be the depository of the present Convention.

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8. Registration: In accordance with Article 102 of the Charter of the United Nations, the present Convention shall be registered with the Secretary-General of the United Nations in New York at the request of the depository, with technical assistance from the United Nations Office for Drug Control and Crime Prevention.

In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed the present Convention.

____________________ _______________________

DONE in _____________________

On _____________________.


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6. Traité d’extradition entre la République populaire du Bénin, la République du Ghana, la République fédérale du Nigéria et la République togolaise, 1984: Extradition Treaty among the People’s Republic of Benin, the Republic of Ghana, the Federal Republic of Nigeria and the Republic of Togo, 1984.


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II. Instruments adopted by the Commonwealth Secretariat

1. The London Scheme for Extradition within the Commonwealth (with amendments of 2002)

1. (1) The general provisions set out in this Scheme will govern the extradition of a person from the Commonwealth country, in which the person is found, to another Commonwealth country, in which the person is accused of an offence.

(2) Extradition will be precluded by law, or be subject to refusal by the competent executive authority, only in the circumstances mentioned in this Scheme.

(3) For the purpose of this Scheme a person liable to extradition as mentioned in paragraph (1) is described as a person sought and each of the following areas is described as a separate country:

(a) each sovereign and independent country within the Commonwealth together with any dependent territories which that country designates, and

(b) each country within the Commonwealth, which, though not sovereign and independent, is not a territory designated for the purposes of the preceding sub-paragraph.

Extradition offences and dual criminality rule

2. (1) A person sought will only be extradited for an extradition offence.

(2) For the purpose of this Scheme, an extradition offence is an offence however described which is punishable in the requesting and requested country by imprisonment for two years or a greater penalty.

(3) In determining whether an offence is an offence punishable under the laws of both the requesting and the requested country, it shall not matter whether:

(a) the laws of the requesting and requested countries place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology;

(b) under the laws of the requesting and requested countries the elements of the offence differ, it being understood that the totality of the acts or omissions as presented by the requesting country constitute an offence under the laws of the requested country.

(4) An offence described in paragraph (2) is an extradition offence notwithstanding that the offence:


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(a) is of a purely fiscal character; or

(b) was committed outside the territory of the requesting country where extradition for such offences is permitted under the law of the requested country.

Warrants, other than provisional warrants

3. (1) A person sought will only be extradited if a warrant for arrest has been issued in the country seeking extradition and either

(a) that warrant is endorsed by a competent judicial authority in the requested country (in which case, the endorsed warrant will be sufficient authority for arrest), or

(b) a further warrant for arrest is issued by the competent judicial authority in the requested country, other than a provisional warrant issued in accordance with clause 4.

(2) The endorsement or issue of a warrant may be made conditional on the competent executive authority having previously issued an order to proceed.

Provisional warrants

4. (1) Where a person sought is, or is suspected of being, in or on the way to any country but no warrant has been endorsed or issued in accordance with clause 3, the competent judicial authority in the destination country may issue a provisional warrant for arrest on such information and under such circumstances as would, in the authority's opinion, justify the issue of a warrant if the extradition offence had been an offence committed within the destination country.

(2) For the purposes of paragraph 1, information contained in an international notice issued by the International Criminal Police Organisation (INTERPOL) in respect of a person sought may be considered by the authority, either alone or with other information, in deciding whether a provisional warrant should be issued for the arrest of that person.

(3) A report of the issue of a provisional warrant, with the information in justification or a certified copy thereof, will be sent to the competent executive authority.

(4) The competent executive authority who receives the information under paragraph (3) may decide, on the basis of that information and any other information which may have become available, that the person should be discharged, and so order.

Committal proceedings

5. (1) A person arrested under a warrant endorsed or issued in accordance with clause 3(1), or under a provisional warrant issued in accordance with clause 4, will be brought, as soon as practicable, before the competent judicial authority who will hear the

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case in the same manner and have the same jurisdiction and powers, as nearly as may be, including power to remand and admit to bail, as if the person were charged with an offence committed in the requested country.

(2) The competent judicial authority will receive any evidence which may be tendered to show that the extradition of the person sought is precluded by law.

(3) Where a provisional warrant has been issued in accordance with clause 4, but within such reasonable time as the competent judicial authority may fix:

(a) a warrant has not been endorsed or issued in accordance with clause 3(1), or

(b) where such endorsement or issue of a warrant has been made conditional on the issuance of an order to proceed, as mentioned in clause 3(2), no such order has been issued, the competent judicial authority will order the person to be discharged.

(4) Where a warrant has been endorsed or issued in accordance with 3(1) the competent judicial authority may commit the person to prison to await extradition if -

(a) such evidence is produced as establishes a prima facie case that the person committed the offence; and

(b) extradition is not precluded by law but, otherwise, will order the person to be discharged.

(5) Where a person sought is committed to prison to await extradition as mentioned in paragraph (4), notice of the fact will be given as soon as possible to the competent executive authority of the country in which committal took place.

Optional alternative committal proceedings

6. (1) Two or more countries may make arrangements under which clause 5(4) will be replaced by paragraphs 2-4 of this clause or by other provisions agreed by the countries involved.

(2) Where a warrant has been endorsed or issued as mentioned in clause 3(1), the competent judicial authority may commit the person sought to prison to await extradition if -

(a) the contents of a record of the case received, whether or not admissible in evidence under the law of the requested country, and any other evidence admissible under the law of the requested country, are sufficient to warrant a trial of the charges for which extradition has been requested; and

(b) extradition is not precluded by law, but otherwise will order that the person be discharged.


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(3) The competent judicial authority will receive a record of the case prepared by an investigating authority in the requesting country if it is accompanied by -

(a) an affidavit of an officer of the investigating authority stating that the record of the case was prepared by or under the direction of that officer, and that the evidence has been preserved for use in court; and

(b) a certificate of the Attorney General of the requesting country that in his or her opinion the record of the case discloses the existence of evidence under the law of the requesting country sufficient to justify a prosecution.

(4) A record of the case will contain -

(a) particulars of the description, identity, nationality and, to the extent available, whereabouts of the person sought;

(b) particulars of each offence or conduct in respect of which extradition is requested, specifying the date and place of commission, the legal definition of the offence and the relevant provisions in the law of the requesting country, including a certified copy of any such definition in the written law of that country;

(c) the original or a certified copy of any document of process issued in the requesting country against the person sought for extradition ;

(d) a recital of the evidence acquired to support the request for extradition; and

(e) a certified copy, reproduction or photograph of exhibits or documentary evidence.

Supplementary information

7. (1) If it considers that the material provided in support of a request for extradition is insufficient, the competent authority in the requested country may seek such additional information as it considers necessary from the requesting country, to be provided within such reasonable period of time as it may specify.

(2) Where a request under paragraph (1) is made after committal proceedings have commenced the competent judicial authority in the requested country may grant an adjournment of the proceedings for such period as that authority may consider reasonable for the material to be furnished, which aggregate period should not exceed 60 days.

Consent order for return

8. (1) A person sought may waive committal proceedings, and if satisfied that the person sought has voluntarily and with an understanding of its significance requested such waiver,

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the competent judicial authority may make an order by consent for the committal of the person sought to prison, or for admission to bail, to await extradition.

(2) The competent executive authority may thereafter order extradition at any time, notwithstanding the provisions of clause 9.

(3) The provisions of clause 20 shall apply in relation to a person sought extradited under this clause unless waived by the person.

Return or discharge by executive authority

9. After the expiry of 15 days from the date of the committal of a person sought, or, if a writ of habeas corpus or other like process is issued, from the date of the final decision of the competent judicial authority on that application (whichever date is the later), the competent executive authority will order extradition unless it appears to that authority that, in accordance with the provisions set out in this Scheme, extradition is precluded by law or should be refused, in which case that authority will order the discharge of the person.

Discharge by judicial authority

10. (1) Where after the expiry of the period mentioned in paragraph (2) a person sought has not been extradited an application to the competent judicial authority may be made by or on behalf of the person for a discharge and if -

(a) reasonable notice of the application has been given to the competent executive authority, and

(b) sufficient cause for the delay is not shown, the competent judicial authority will order the discharge of the person.

(2) The period referred to in paragraph (1) will be prescribed by law and will be one expiring either -

(a) not later than two months from the person's committal to prison, or

(b) not later than one month from the date of the order for extradition made in accordance with clause 9.

Habeas corpus and review

11. (1) It will be provided that an application may be made by or on behalf of a person sought for a writ of habeas corpus or other like process.


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(2) It will be provided that an application may be made by or on behalf of the government of the requesting country for review of the decision of the competent judicial authority in committal proceedings.

Political offence exception

12. (1)(a) The extradition of a person sought will be precluded by law if the competent authority is satisfied that the offence is of a political character;

(b) Sub paragraph (a) shall not apply to:

(i) offences established under any multilateral international convention to which the requesting and the requested countries are parties, the purpose of which is to prevent or repress a specific category of offences and which imposes on the parties an obligation either to extradite or to prosecute the person sought;

(ii) offences for which the political offence or offence of political character ground of refusal is not applicable under international law.

(c) If the competent executive authority is empowered by law to certify that the offence of which a person sought is accused is an offence of a political character, and so certifies in a particular case, the certificate will be conclusive in the matter and binding upon the competent judicial authority for the purposes mentioned in this clause.

(2)(a) A country may provide by law that certain acts shall not be held to be offences of a political character including:

(i) an offence against the life or person of a Head of State or a member of the immediate family of a Head of State or any related offence (i.e. aiding and abetting, or counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit such an offence),

(ii) an offence against the life or person of a Head of Government, or of a Minister of a Government, or any related offence as described above,

(iii) murder, or any related offence as described above,

(iv) any other offence that a country considers appropriate.

(b) A country may restrict the application of any of the provisions made under sub paragraph (b) to a request from a country which has made similar provisions in its laws.

13. The extradition of a person sought also will be precluded by law if -

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(a) it appears to the competent authority that:

(i) the request for extradition although purporting to be made for an extradition offence was in fact made for the purpose of prosecuting or punishing the person on account of race, religion, sex, nationality or political opinions, or

(ii) that the person may be prejudiced at trial or punished, detained or restricted in personal liberty by reason of race, religion, sex, nationality or political opinions.

(b) the competent authority is satisfied that by reason of

(i) the trivial nature of the case, or

(ii) the accusation against the person sought not having been made in good faith or in the interests of justice, or

(iii) the passage of time since the commission of the offence, or

(iv) any other sufficient cause, it would, having regard to all the circumstances be unjust or oppressive or too severe a punishment for the person to be extradited or, as the case may be, extradited before the expiry of a period specified by that authority.

(c) the competent authority is satisfied that the person sought has been convicted (and is neither unlawfully at large nor at large in breach of a condition of a licence to be at large), or has been acquitted, whether within or outside the Commonwealth, of the offence for which extradition is sought.

Discretionary basis for refusal of extradition

14. A request for extradition may be refused in the discretion of the competent authority of the requested country if -

(a) judgment in the requesting country has been rendered in circumstances where the accused was not present; and

(i) no counsel appeared for the accused; or

(ii) counsel instructed and acting on behalf of the accused was not permitted to participate in the proceedings;

(b) the offence for which extradition is requested has been committed outside the territory of either the requesting or requested country and the law of the requested country


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does not enable it to assert jurisdiction over such an offence committed outside its territory in comparable circumstances;

(c) the person sought has, under the law of either the requesting [or requested] country become immune from prosecution or punishment because of [any reason, including] lapse of time or amnesty;

(d) the offence is an offence only under military law or a law relating to military obligations.

Discretionary grounds of refusal

15. (1) Any country may adopt the provisions of this clause but, where they are adopted, any other country may in relation to the first country reserve its position as to whether it will give effect to the other clauses of the Scheme or will give effect to them subject to such exceptions and modifications as appear to it to be necessary or expedient or give effect to any arrangement made under clause 23(a).

(2) A request for extradition may be refused if the competent authority of the requested country determines -

(a) that upon extradition, the person is likely to suffer the death penalty for the extradition offence and that offence is not punishable by death in the requested country; and

(b) it would be, having regard to all the circumstances of the case and to the likelihood that the person would be immune from punishment if not extradited, unjust or oppressive or too severe a punishment for extradition to proceed.

(c) In determining under paragraph (a), whether a person would be likely to suffer the death penalty, the executive authority shall take into account any representations which the authorities of the requesting country may make with regard to the possibility that the death penalty, if imposed, will not be carried out.

(3)(a) A request for extradition may be refused on the basis that the person sought is a national or permanent resident of the requested country.

(b) For the purpose of sub paragraph a, a person shall be treated as a national of a country that is -

(i) a Commonwealth country of which he or she is a citizen; or

(ii) a country or territory his or her connection with which determines national status.

(c) The assessment under paragraph (b) should be at the date of the request.

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Alternative measures in the case of refusal

16. (1) For the purpose of ensuring that a Commonwealth country cannot be used as a haven from justice, each country which reserves the right to refuse to extradite nationals or permanent residents in accordance with clause 15 paragraph (3), will take, subject to its constitution, such legislative action and other steps as may be necessary or expedient in the circumstances to facilitate the trial or punishment of a person whose extradition is refused on that ground.

(2) The legislative action necessary to give effect to paragraph (1) may include –

(a) providing that the case be submitted to the competent authorities of the requested country for prosecution;

(b) permitting:

(i) the temporary extradition of the person to stand trial in the requesting country on condition that, following trial and sentence, the person is returned to the requested country to serve his or her sentence; and

(ii) the transfer of convicted offenders; or

(c) enabling a request to be made to the relevant authorities in the requesting country for the provision to the requested country of such evidence and other information as would enable the authorities of the requested country to prosecute the person for the offence.

Competent authority

17. (1) The competent authorities for the purpose of clauses 12, 13, 14 and 15 will include

(a) any judicial authority which hears or is competent to hear an application described in clause 11, and

(b) the executive authority responsible for orders for extradition.

(2) It will be sufficient compliance with sub paragraphs 12, 13, 14 and 15 if a country decides that the competent authority for those purposes is exclusively the judicial authority or the executive authority .

Postponement of extradition and temporary transfer of prisoners to stand trial

18. (1) Subject to the following provisions of this clause, where a person sought -

(a) has been charged with an offence that may be tried by a court in the requested country or


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(b) is serving a sentence imposed by a court in the requested country, then until discharge (by acquittal, the expiration or remission of sentence, or otherwise) extradition will either be precluded by law or be subject to refusal by the competent executive authority as the law of the requested country may provide.

(2) Subject to the provisions of this Scheme, a prisoner serving such a sentence who is also a person sought may, at the discretion of the competent executive authority of the requested country, be extradited temporarily to the requesting country to enable proceedings to be brought against the prisoner in relation to the extradition offence on such conditions as are agreed between the respective countries.

Priority where two or more requests made

19. (1) Where the requested country receives two or more requests from different countries for the extradition of the same person, the competent executive authority will determine which request will proceed and may refuse the other requests.

(2) In making a determination under paragraph (1), the authority will consider all the circumstances of the case and in particular -

(a) the relative seriousness of the offences,

(b) the relative dates on which the requests were made, and

(c) the citizenship or other national status and ordinary residence of the person sought.

Specialty rule

20. (1) This clause relates to a person sought who has been extradited from one country to another, so long as the person has not had a reasonable opportunity of leaving the second mentioned country.

(2) In the case of a person sought to whom this clause relates, detention or trial in the requesting country for any offence committed prior to extradition (other than the one for which the person was extradited or any lesser offence proved by the facts on which extradition was based), without the consent of the requested country, will be precluded by law.

(3) When considering a request for consent under paragraph (2) the executive authority of the requested country may seek such particulars as it may require in order that it may be satisfied that the request is otherwise consistent with the principles of this Scheme (4). Consent under paragraph (2) shall not be unreasonably withheld but where, in the opinion of the requested country, it appears that, on the facts known to the requesting country at the time of the original request for extradition, application should have been made

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in respect of such offences at that time, that may constitute a sufficient basis for refusal of consent.

(5) The requesting country shall not extradite a person sought who has been surrendered to that country pursuant to a request for extradition, to a third country for an offence committed prior to extradition, without the consent of the requested country .

(6) In considering a request under paragraph (5) the requested country may seek the particulars referred to in paragraph (3) and shall not unreasonably withhold consent.

(7) Nothing in this clause shall prevent a court in the requesting country from taking into account any other offence, whether an extradition offence or not under this Scheme, for the purpose of passing sentence on a person convicted of an offence for which he or she was surrendered, where the person consents.

Return of escaped prisoners

21. (1) In the case of a person who -

(a) has been convicted of an extradition offence by a court in any country and is unlawfully at large before the expiry of the sentence for that offence, and

(b) is found in another country, the provisions set out in this Scheme, as applied for the purposes of this clause by paragraph (2), will govern extradition to the country in which the person was convicted.

(2) For the purposes of this clause this Scheme shall be construed, subject to any necessary adaptations or modifications, as though the person unlawfully at large were accused of the offence for which there is a conviction and, in particular -

(a) any reference to a person sought shall be construed as including a reference to such a person as is mentioned in paragraph (1); and

(b) the reference in clause 5(4) to evidence that establishes a prima facie case shall be construed as a reference to such evidence as establishes that the person has been convicted.

(3) The references in this clause to a person unlawfully at large shall be construed as including reference to a person at large in breach of a condition of a licence to be at large.

Ancillary provisions

22. Each country will take, subject to its constitution, any legislative and other steps which may be necessary or expedient in the circumstances to facilitate and effectuate -


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(a) the transit through its territory of a person sought who is being extradited under this Scheme;

(b) the delivery of property found in the possession of a person sought at the time of arrest which may be material evidence of the extradition offence; and

(c) the proof of warrants, certificates of conviction, depositions and other documents.

Alternative arrangements and modifications

23. Nothing in this Scheme shall prevent -

(a) the making of arrangements between Commonwealth countries for further or alternative provision for extradition, or

(b) the application of the Scheme with modifications by one country in relation to another which has not brought the Scheme fully into effect.

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2. The Harare Scheme relating to Mutual Legal Assistance in Criminal Matters within the Commonwealth (with amendments of 1990, 2002, and 2005)

Purpose and scope

1. (1) The purpose of this Scheme is to increase the level and scope of assistance rendered between Commonwealth Governments in criminal matters. It augments, and in no way derogates from existing forms of co-operation, both formal and informal; nor does it preclude the development of enhancedarrangements in other fora.

(2) This Scheme provides for the giving of assistance by the competent authorities of one country (the requested country) in respect of criminal matters arising in another country (the requesting country).

(3) Assistance in criminal matters under this Scheme includes assistance in

(a) identifying and locating persons;

(b) serving documents;

(c) examining witnesses;

(d) search and seizure;

(e) obtaining evidence;

(f) facilitating the personal appearance of witnesses;

(g) effecting a temporary transfer of persons in custody to appear as a witness;

(h) obtaining production of judicial or official records;

(i) tracing, seizing and confiscating the proceeds or instrumentalities of crime; and

(j) preserving computer data.

Meaning of country

2. For the purposes of this Scheme, each of the following is a separate country, that is to say

(a) each sovereign and independent country within the Commonwealth together with any dependent territories which that country designates; and


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(b) each country within the Commonwealth which, though not sovereign and independent, is not designated for the purposes of the preceding sub-paragraph.

Criminal matter

3. (1) For the purposes of this Scheme, a criminal matter arises in a country if the Central Authority of that country certifies that criminal or forfeiture proceedings have been instituted in a court exercising jurisdiction in that country or that there is reasonable cause to believe that an offence has been committed in respect of which such criminal proceedings could be so instituted.

(2) "Offence", in the case of a federal country or a country having more than one legal system, includes an offence under the law of the country or any part thereof.

(3) "Forfeiture proceedings" means proceedings, whether civil or criminal, for an order

(a) restraining dealings with any property in respect of which there is reasonable cause to believe that ithas been

(i) derived or obtained, whether directly or indirectly, from; or

(ii) used in, or in connection with, the commission of an offence;

(b) confiscating any property derived or obtained as provided in paragraph (a)(i) or used as provided in paragraph (a)(ii); or

(c) imposing a pecuniary penalty calculated by reference to the value of any property derived or obtained as provided in paragraph (a)(i) or used as provided in paragraph (a)(ii).

Requests for computer data - definitions

4. For the purposes of this Scheme

(1) “subscriber information” means any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which can be established:

(a) the type of communication service used and the period of service;

(b) the subscriber’s identity, postal or geographic address, telephone and other access number, billing and payment information, available on the basis of the service agreement or arrangement;

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(c) any other information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

(2) "computer system" means a device or a group of interconnected or related devices, including the Internet, one or more of which, pursuant to a program, performs automatic processing of data;

(3) “computer data” means any representation of facts, information or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function;

(4) “service provider” means:

(a) a public or private entity that provides to users of its services the ability to communicate by means of a computer system, and

(b) any other entity that processes or stores computer data on behalf of that entity or those users.

(5) “traffic data” means any computer data:

(a) that relates to a communication by means of a computer system; and

(b) is generated by a computer system that formed a part in the chain of communication; and

(c) shows the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

(6) “Content data” means the content of the communication; that is, the meaning or purpose of the communication, or the message or information being conveyed by the communication. It is everything transmitted as part of the communication that is not traffic data.

(7) “Preservation of computer data” means the protection of computer data which already exists in a stored form from modification or deletion, or from anything that would cause its current quality or condition to change or deteriorate. Computer data that is stored on a highly transitory basis as an integral function of the technology used in its transmission is not computer data which already exists in a stored form for the purposes of this definition.

Central authorities

5. Each country shall designate a Central Authority to transmit and to receive requests for assistance under this Scheme.


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Action in the requesting country

6. (1) A request for assistance under this Scheme may be initiated by any law enforcement agency or public prosecution or judicial authority competent under the law of the requesting country.

(2) The Central Authority of the requesting country shall, if it is satisfied that the request can properly be made under this Scheme, transmit the request to the central Authority of the requested country and shall ensure that the request contains all the information required by the provisions of this Scheme.

(3) The Central Authority of the requesting country shall provide as far as practicable additional information sought by the Central Authority of the requested country.

Action in the requested country

7. (1) Subject to the provisions of this Scheme, the requested country shall grant the assistance requested as expeditiously as practicable.

(2) The Central Authority of the requested country shall, subject to the following provisions of this paragraph, take the necessary steps to ensure that the competent authorities of that country comply with the request.

(3) If the Central Authority of the requested country considers

(a) that the request does not comply with the provisions of this Scheme, or

(b) that in accordance with the provisions of this Scheme the request for assistance is to be refused in whole or in part, or

(c) that the request cannot be complied with, in whole or in part, or

(d) that there are circumstances which are likely to cause a significant delay in complying with the request, it shall promptly inform the Central Authority of the requesting country, giving reasons.

(4) The requested country may make the granting of assistance subject to the requesting country giving an undertaking that:

(a) the evidence provided will not be used directly or indirectly in relation to the investigation or prosecution of a specified person; or

(b) a court in the requesting country will determine whether or not the material is subject to privilege.

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(5) If the requesting country refuses to give the undertaking under sub-paragraph (4), the requested country may refuse to grant the assistance sought in whole or in part.

Refusal of assistance

8. (1) The requested country may refuse to comply in whole or in part with a request for assistance under this Scheme if the criminal matter appears to the Central Authority of that country to concern

(a) conduct which would not constitute an offence under the law of that country; or

(b) an offence or proceedings of a political character; or

(c) conduct which in the requesting country is an offence only under military law or a law relating to military obligations; or

(d) conduct in relation to which the person accused or suspected of having committed an offence has been acquitted or convicted by a court in the requested country.

(2) The requested country may refuse to comply in whole or in part with a request for assistance under this Scheme

(a) to the extent that it appears to the Central Authority of that country that compliance would be contrary to the Constitution of that country, or would prejudice the security, international relations or other essential public interests of that country; or

(b) where there are substantial grounds leading the Central Authority of that country to believe that compliance would facilitate the prosecution or punishment of any person on account of his race, religion, nationality or political opinions or would cause prejudice for any of these reasons to any person affected by the request.

(3) The requested country may refuse to comply in whole or in part with a request for assistance to the extent that the steps required to be taken in order to comply with the request cannot under the law of that country be taken in respect of criminal matters arising in that country.

(4) An offence shall not be an offence of a political character for the purposes of this paragraph if it is an offence within the scope of any international convention to which both the requesting and requested countries are parties and which imposes on the parties thereto an obligation either to extradite or prosecute a person accused of the commission of the offence.


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Measures of compulsion

9. (1) The competent authorities of the requested country shall in complying with a request under this Scheme use only such measures of compulsion as are available under the law of that country in respect of criminal matters arising in that country.

(2) Where under the law of the requested country measures of compulsion cannot be applied to any person to take the steps necessary to secure compliance with a request under this Scheme but the person concerned is willing to act voluntarily in compliance or partial compliance with the terms of the request, the competent authorities of the requested country shall make available the necessary facilities.

Scheme not to cover arrest or extradition

10. Nothing in this Scheme is to be construed as authorising the extradition, or the arrest or detention with a view to extradition, of any person.

Confidentiality

11. The Central Authorities and the competent authorities of the requesting and requested countries shall use their best efforts to keep confidential a request and its contents and the information and materials supplied in compliance with a request except for disclosure in criminal proceedings and where otherwise authorised by the Central Authority of the other country.

Limitation of use of information or evidence

12. The requesting country shall not use any information or evidence obtained in response to a request for assistance under this Scheme in connection with any matter other than the criminal matter specified in the request without the prior consent of the Central Authority of the requested country

Expenses of compliance

13. (1) Except as provided in the following provisions of this paragraph, compliance with a request under this Scheme shall not give rise to any claim against the requesting country for expenses incurred by the Central Authority or other competent authorities of the requested country.

(2) The requesting country shall be responsible for the travel and incidental expenses of witnesses travelling to the requesting country, including those of accompanying officials, for fees of experts, and for the costs of any translation required by the requesting country.

(3) If in the opinion of the requested country, the expenses required in order to comply with the request are of an extraordinary nature, the Central Authority of the

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requested country shall consult with the Central Authority of the requesting country as to the terms and conditions under which compliance with the request may continue, and in the absence of agreement the requested country may refuse to comply further with the request.

Contents request for assistance

14. (1) Except in the case of a request for the preservation of computer data under Article 1 (3) (j) of this Scheme, a request under the Scheme shall:

(a) specify the nature of the assistance requested;

(b) contain the information appropriate to the assistance sought as specified in the following provisions of this Scheme;

(c) indicate any time-limit within which compliance with the request is desired, stating reasons;

(d) contain the following information:

(i) the identity of the agency or authority initiating the request;

(ii) the nature of the criminal matter; and

(iii) whether or not criminal proceedings have been instituted.

(e) where criminal proceedings have been instituted, contain the following information:

(i) the court exercising jurisdiction in the proceedings;

(ii) the identity of the accused person;

(iii) the offences of which he stands accused, and a summary of the facts;

(iv) the stage reached in the proceedings; and

(v) any date fixed for further stages in the proceedings.

(f) where criminal proceedings have not been instituted, state the offence which the Central Authority of the requesting country has reasonable cause to believe to have been committed, with a summary of known facts.

(2) A request shall normally be in writing, and if made orally in the case of urgency, shall be confirmed in writing forthwith.


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Requests for the preservation of computer data

15. (1) A request for the preservation of computer data under this Article made by an agency or authority competent to make such a request under the laws of the requesting country can be directly transmitted to an agency or authority competent to receive such a request under the laws of the requested country.

(2) A request for the preservation of computer data shall

(a) specify the identity of the agency or authority making the request;

(b) contain a brief description of the conduct under investigation;

(c) contain a description of the computer data to be preserved and its relationship to the investigation or prosecution, and in particular identifying whether the computer data to be preserved includes:

(i) subscriber information

(ii) traffic data

(iii) content data.

(d) contain a statement that the requesting country intends to submit a request for mutual assistance to obtain the computer data within the period permitted under this Article.

(3) The preservation of computer data pursuant to a request made under this Article shall be for a period of 120 (one hundred and twenty) days, pending submission by the requesting country of a request for assistance to obtain the preserved computer data. Following the receipt of such a request, the data shall continue to be preserved pending the determination of that request and, if the request is granted, until the data is obtained pursuant to the request for assistance.

(4) If the requested country considers that the preservation of computer data pursuant to a request made under this Article will not ensure the future availability of the computer data, or will threaten the confidentiality of, or otherwise prejudice the investigation in the requesting country, it shall promptly inform the requesting country, which shall then determine whether the request should nevertheless be executed.

(5) Notwithstanding the general grounds for refusal contained in Article 8, a request for the preservation of computer data under this Article may be refused only to the extent that it appears to the requested country that compliance would be contrary to the laws and/or constitution of that country, or would prejudice the security, international relations, or other essential public interests of that country.

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Identifying and locating persons

16. (1) A request under this Scheme may seek assistance in identifying or locating persons believed to be within the requested country.

(2) The request shall indicate the purpose for which the information is requested and shall contain such information as is available to the Central Authority of the requesting country as to the whereabouts of the person concerned and such other information as it possesses as may facilitate the identification of that person.

Service of documents

17. (1) A request under this Scheme may seek assistance in the service of documents relevant to a criminal matter arising in the requesting country.

(2) The request shall be accompanied by the documents to be served and, where those documents relate to attendance in the requesting country, such notice as the Central Authority of that country is reasonably able to provide of outstanding warrants or other judicial orders in criminal matters against the person to be served.

(3) The Central Authority of the requested country shall endeavour to have the documents served:

(a) by any particular method stated in the request, unless such method is incompatible with the law of that country; or

(b) by any method prescribed by the law of that country for the service of documents in criminal proceedings.

(4) The requested country shall transmit to the Central Authority of the requesting country a certificate as to the service of the documents or, if they have not been served, as to the reasons which have prevented service.

(5) A person served in compliance with a request with a summons to appear as a witness in the requesting country and who fails to comply with the summons shall not by reason thereof be liable to any penalty or measure of compulsion in either the requesting or the requested country notwithstanding any contrary statement in the summons.

Examination of witnesses

18. (1) A request under this Scheme may seek assistance in the examination of witnesses in the requested country.

(2) The request shall specify, as appropriate and so far as the circumstances of the case permit:


581

(a) the names and addresses or the official designations of the witnesses to be examined;

(b) the questions to be put to the witnesses or the subject matter about which they are to be examined;

(c) whether it is desired that the witnesses be examined orally or in writing;

(d) whether it is desired that the oath be administered to the witnesses (or, as the law of the requested country allows, that they be required to make their solemn affirmation);

(e) any provisions of the law of the requesting country as to privilege or exemption from giving evidence which appear especially relevant to the request; and

(f) any special requirements of the law of the requesting country as to the manner of taking evidence relevant to its admissibility in that country.

(3) The request may ask that, so far as the law of the requested country permits, the accused person or his legal representative may attend the examination of the witness and ask questions of the witness.

Search and seizure

19. (1) A request under this Scheme may seek assistance in the search for, and seizure of property or computer data in the requested country.

(2) The request shall specify the property or computer data to be searched for and seized and shall contain, so far as reasonably practicable, all information available to the Central Authority of the requesting country which may be required to be adduced in an application under the law of the requested country for any necessary warrant or authorization to effect the search and seizure.

(3) The requested country shall provide such certification as may be required by the requesting country concerning the result of any search, the place and circumstances of seizure, and the subsequent custody of the property or computer data seized.

Other assistance in obtaining evidence

20. (1) A request under this Scheme may seek other assistance in obtaining evidence.

(2) The request shall specify, as appropriate and so far as the circumstance of the case permit:

(a) the documents, records, property or computer data to be inspected, preserved, photographed, copied or transmitted;

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(b) the samples of any property or computer data to be taken, examined or transmitted; and

(c) the site to be viewed or photographed.

Privilege

21. (1) No person shall be compelled in response to a request under this Scheme to give any evidence in the requested country which he could not be compelled to give:

(a) in criminal proceedings in that country; or

(b) in criminal proceedings in the requesting country.

(2) For the purposes of this paragraph any reference to giving evidence includes references to answering any question and to producing any document.

Production of judicial or official records

22. (1) A request under this Scheme may seek the production of judicial or official records relevant to a criminal matter arising in the requesting country.

(2) For the purposes of this paragraph "judicial records" means judgements, orders and decisions of courts and other documents held by judicial authorities and "official records" means documents held by government departments or agencies or prosecution authorities.

(3) The requested country shall provide copies of judicial or official records which are publicly available.

(4) The requested country may provide copies of judicial or official records not publicly available, to the same extent and under the same conditions as apply to the provision of such records to its own law enforcement agencies or prosecution or judicial authorities.

Transmission and return of material

23. (1) Where compliance with a request under this Scheme would involve the transmission to the requesting country of any document, record or property, the requested country

(a) may postpone the transmission of the material if it is required in connection with proceedings in that country, and in such a case shall provide certified copies of a document or record pending transmission of the original;


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(b) may require the requesting country to agree to terms and conditions to protect third party interests in the material to be transmitted and may refuse to effect such transmission pending such agreement.

(2) Where any document, record or property is transmitted to the requesting country in compliance with a request under this Scheme, it shall be returned to the requested country when it is no longer required in connection with the criminal matter specified in the request unless that country has indicated that its return is not desired.

(3) The requested country shall authenticate material that is to be transmitted by that country.

Authentication

24. A document or other material transmitted for the purposes of or in response to a request under this Scheme shall be deemed to be duly authenticated if it:

(a) purports to be signed or certified by a judge or Magistrate, or to bear in the stamp or seal of a Minister, government department or Central Authority; or

(b) is verified by the oath of a witness or of a public officer of the Commonwealth country from which the document or material emanates.

Personal appearance of witnesses in the requesting country

25. (1) A request under this Scheme may seek assistance in facilitating the personal appearance of the witnesses before a court exercising jurisdiction in the requesting country.

(2) The request shall specify

(a) the subject matter upon which it is desired to examine the witnesses;

(b) the reasons for which the personal appearance of the witnesses is required; and

(c) details of the travelling, subsistence and other expenses payable by the requesting country in respect of the personal appearance of the witnesses.

(3) The competent authorities of the requested country shall invite persons whose appearance as witnesses in the requesting country is desired; and

(a) ask whether they agree to appear;

(b) inform the Central Authority of the requesting country of their answer; and

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(c) if they are willing to appear, make appropriate arrangements to facilitate the personal appearance of the witnesses.

(4) A person whose appearance as a witness is the subject of a request and who does not agree to appear shall not by reason thereof be liable to any penalty or measure of compulsion in either the requesting or requested country.

Personal appearance of persons in custody

26. (1) A request under this Scheme may seek the temporary transfer of persons in custody in the requested country to appear as witnesses before a court exercising jurisdiction in the requesting country.

(2) The request shall specify:

(a) the subject matter upon which it is desired to examine the witnesses;

(b) the reasons for which the personal appearance of the witnesses is required.

(3) The requested country shall refuse to comply with a request for the transfer of persons in custody if the persons concerned do not consent to the transfer.

(4) The requested country may refuse to comply with a request for the transfer of persons in custody and shall be under no obligation to inform the requesting country of the reasons for such refusal.

(5) A person in custody whose transfer is the subject of a request and who does not consent to the transfer shall not by reason thereof be liable to any penalty or measure of compulsion in either the requesting or requested country.

(6) Where persons in custody are transferred, the requested country shall notify the requesting country of:

(a) the dates upon which the persons are due under the law of the requested country to be released from custody; and

(b) the dates by which the requested country requires the return of the Persons and shall notify any variations in such dates.

(7) The requesting country shall keep the persons transferred in custody, and shall return the persons to the requested country when their presence as witnesses in the requesting country is no longer required, and in any case by the earlier of the dates notified under sub-paragraph (6).


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(8) The obligation to return the persons transferred shall subsist notwithstanding the fact that they are nationals of the requesting country.

(9) The period during which the persons transferred are in custody in the requesting country shall be deemed to be service in the requested country of an equivalent period of custody in that country for all purposes.

(10) Nothing in this paragraph shall preclude the release in the requesting country without return to the requested country of any person transferred where the two countries and the person concerned agreed.

Immunity of persons appearing

27. (1) Subject to the provisions of paragraph 24, witnesses appearing in the requesting country in response to a request under paragraph 23 or persons transferred to that country in response to a request under paragraph 24 shall be immune in that country from prosecution, detention or any other restriction of personal liberty in respect of criminal acts, omissions or convictions before the time of their departure from the requested country.

(2) The immunity provided for in that paragraph shall cease:

(a) in the case of witnesses appearing in response to a request under paragraph 23, when the witnesses having had, for a period of 15 consecutive days from the dates when they were notified by the competent authority of the requesting country that their presence was no longer required by the court exercising jurisdiction in the criminal matter, an opportunity of leaving have nevertheless remained in the requesting country, or having left that country have returned to it;

(b) in the case of persons transferred in response to a request under paragraph 24 and remaining in custody when they have been returned to the requested country.

Tracing the proceeds or instrumentalities of crime

28. (1) A request under this Scheme may seek assistance in identifying, locating and assessing the value of property believed to have been derived or obtained, directly or indirectly, from, or to have been used in, or in connection with, the commission of an offence and believed to be within the requested country.

(2) The request shall contain such information as is available to the Central Authority of the requesting country as to the nature and location of the property and as to any person in whose possession or control the property is believed to be.

Compendium

586

Seizing and confiscating the proceeds of instrumentalities of crime

29. (1) A request under this Scheme may seek assistance in securing:

(a) the making in the requested country of an order relating to the proceeds of instrumentalities of crime; or

(b) the recognition or enforcement in that country of such an order made in the requesting country.

(2) For the purpose of this paragraph, "an order relating to the proceeds of instrumentalities of crime" means:

(a) an order restraining dealings with any property in respect of which there is reasonable cause to believe that it has been derived or obtained, directly or indirectly, from, or used in, or in connection with, the commission of an offence;

(b) an order confiscating property derived or obtained, directly or indirectly, from, or used in or in connection with, the commission of an offence; and

(c) an order imposing a pecuniary penalty calculated by reference to the value of any property so derived, obtained or used.

(3) Where the requested country cannot enforce an order made in the requesting country, the requesting country may request the making of any similar order available under the law of the requested country.

(4) The request shall be accompanied by a copy of any order made in the requesting country and shall contain so far as reasonably practicable, all information available to the Central Authority of the requesting country which may be required in connection with the procedures to be followed in the requested country.

(5) The law of the requested country shall apply to determine the circumstances and manner in which an order may be made, recognised or enforced in response to the request.

(6) The law of the requested country may provide for the protection of the interests of bona fide third parties in property restrained or confiscated as a result of a request made pursuant to this Scheme, by providing:

(a) for the giving of notice of the making of orders restraining or confiscating property; and

(b) that any third party claiming an interest in property so restrained or confiscated may make an application to a court of competent jurisdiction for an order


587

(i) declaring that the interest of the applicant in the property or part thereof was acquired bona fide; and

(ii) restoring such property or the value of the interest therein to the applicant.

Disposal or release of property

30. (1) The law of the requested country shall apply to determine the disposal of any property

(a) forfeited; or

(b) obtained as a result of the enforcement of a pecuniary penalty order as a result of a request under this Scheme.

(2) The law of the requested country shall apply to determine the circumstances in which property made the subject of interim seizure as a result of a request under this Scheme may be released from the effects of such seizure.

(3) The law of the requested country may provide that the proceeds of an order of the type referred to in sub-paragraphs 27(2)(b) and (c), or the value thereof, may be

(a) returned to the requesting country; or

(b) shared with the requesting country in such proportion as the requested country in its discretion deems appropriate in all the circumstances.

Consultation

31. The Central Authorities of the requested and requesting countries shall consult promptly, at the request of either, concerning matters arising under this Scheme.

Other assistance

32. After consultation between the requesting and the requested countries assistance not within the scope of this Scheme may be given in respect of a criminal matter on such terms and conditions as may be agreed by those countries.

Notification of designations

33. Designations of dependent territories under paragraph 2 and of Central Authorities under paragraph 4 shall be notified to the Commonwealth Secretary-General.

Compendium

588

3. The Commonwealth Scheme for the rendition of fugitive offenders (with amendments of 1990)

1. (1) The general provisions set out in this Scheme will govern the return of a person from one part of the Commonwealth, in which he is found, to another part thereof, in which he is accused of an offence; and in particular his return will only be precluded by law, or be subject to refusal by the competent executive authority, in the circumstances mentioned in this Scheme.

(2) For the purpose of this Scheme a person liable to return as mentioned in paragraph (1) is described as a fugitive offender and each of the following areas is described as constituting a separate part of the Commonwealth, that is to say

(a) each sovereign and independent country within the Commonwealth together with any dependent territories (which expression, for the purpose aforesaid, includes protectorates and protected States) which that country designates, and

(b) each country within the Commonwealth, which, though not sovereign andindependent, is not a territory designated for the purposes of the preceding subparagraph.

Returnable offences

2. (1) A fugitive will only be returned for a returnable offence.

(2) For the purpose of this Scheme a returnable offence is an offence however described which is punishable in the part of the Commonwealth where the fugitive is located and the part of the Commonwealth to which return is requested by imprisonment for two years or a greater penalty.

(3) Offences described in paragraph (2) are returnable offences notwithstanding that any such offences are of a purely fiscal character, where such offences are returnable under the law of the requested part of the Commonwealth.

Warrants, other than provisional warrants

3. (1) A fugitive offender will only be returned if a warrant for his arrest has been issued in that part of the Commonwealth to which his return is requested and either

(a) that warrant is endorsed by a competent judicial authority in the part in which he is found (in which case, the endorsed warrant will be sufficient authority for his arrest), or

(b) A further warrant for his arrest is issued by the competent judicial authority in the part in which he is found, not being a provisional warrant issued as mentioned in clause 4.


589

(2) The endorsement or issue of a warrant as mentioned in this clause may be made conditional on the competent executive authority having previously issued an order to proceed.

Provisional warrants

4. (1) Where a fugitive offender is, or is suspected of being, in or on his way to any part of the Commonwealth but no warrant has been endorsed as mentioned in clause 3(1)(a) or issued as mentioned in clause 3(1)(b), the competent judicial authority in that part of the Commonwealth may issue a provisional warrant for his arrest on such information and under such circumstances as would, in the authority's opinion, justify the issue of a warrant if the returnable offence of which the fugitive is accused had been an offence committed within the authority's jurisdiction and for the purposes of this paragraph information contained in an international notice issued by the International Criminal Police Organisation (INTERPOL) in respect of a fugitive may be considered by the authority, either alone or with other information, in deciding whether a provisional warrant should be issued for the arrest of that fugitive.

(2) A report of the issue of such a provisional warrant, together with the information in justification or a certified copy thereof, will be sent to the competent executive authority and, in a case in which that authority decides on the said information and any other information which may have become available that the fugitive should be discharged, that authority may so order.

Committal proceedings

5. (1) A fugitive offender arrested under a warrant endorsed or issued as mentioned in clause 3(1), or under a provisional warrant issued as mentioned in clause 4, will be brought, as soon as practicable, before the competent judicial authority who will hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, including power to remand and admit to bail, as if the fugitive were charged with an offence committed within that authority's jurisdiction.

(2) The competent judicial authority will receive any evidence which may be tendered to show that the return of the fugitive offender is precluded by law.

(3) Where a provisional warrant has been issued as mentioned in clause 4, but within such reasonable time as with reference to the circumstances of the case the competent judicial authority may fix,

(a) a warrant has not been endorsed or issued as mentioned in clause 3(1), or

(b) where such endorsement or issued of a warrant has been made conditional on the issue of an order to proceed, as mentioned in clause 3(2), no such order has been issued, the competent judicial authority will order the fugitive to be discharged.

Compendium

590

(4) Where a warrant has been endorsed or issued as mentioned in clause 3(1) the competent judicial authority may commit the fugitive to prison to await his return if

(a) such evidence is produced as establishes a prima facie case that he committed the offence of which he is accused, and

(b) his return is not precluded by law but, otherwise, will order him to be discharged.

(5) Where a fugitive offender is committed to prison to await his return as mentioned in the preceding paragraph, notice of the fact will forthwith be given to the competent executive authority in that part of the Commonwealth in which he is committed.

Consent order for return

6. (1) A fugitive offender may waive committal proceedings, and if satisfied that the fugitive offender has voluntarily and with an understanding of its significance requested such waiver, the competent judicial authority may make an order by consent for the committal of the fugitive offender to prison, or for his admission to bail, to await return.

(2) The competent executive authority may thereafter order return at any time, notwithstanding the provisions of clause 7.

(3) The provisions of clause 15 shall apply in relation to a fugitive offender returned under this Clause unless waived by him.

Return or discharge by executive authority

7. After the expiry of 15 days from the date of the committal of a fugitive offender to prison to await his return, as mentioned in clause 5, or, if a writ of habeas corpus or other like process is issued with reference to him, from the date of the final decision thereon of the competent judicial authority (whichever date is the later), the competent executive authority will order his return unless it appears to that authority that, in accordance with the provisions set out in this Scheme, his return is precluded by law or should be refused, in which case that authority will order his discharge.

Discharge by judicial authority

8. (1) Where after the expiry of the period mentioned in paragraph (2) a fugitive offender has not been returned, an application to the competent judicial authority may be made by or on behalf of the fugitive for his discharge and if

(a) reasonable notice of the application has been given to the competent executive authority, and


591

(b) sufficient cause for the delay is not shown, the competent judicial authority will order his discharge.

(2) The period referred to in paragraph (1) will be prescribed by law and will be one expiring either

(a) not later than two months from the fugitive's committal to prison as mentioned in clause 5, or

(b) not later than one month from the date of the order for his return made as mentioned in clause 7.

Habeas corpus and review

9. (1) It will be provided that an application may be made by or on behalf of a fugitive offender for a writ of habeas corpus or other like process.

(2) It will be provided that an application may be made by or on behalf of the government of the requesting part of the Commonwealth for review of the decision of the competent judicial authority in committal proceedings.

Circumstances precluding return

10.(1)(a) The return of a fugitive offender will be precluded by law if the competent judicial or executive authority is satisfied that the offence is of a political character.

(b) Paragraph (a) shall not apply in relation to offences established under any multilateral international convention to which both the requesting and the requested parts of the Commonwealth are parties and which are declared thereby not to be regarded as political offences for the purposes of extradition.

(c) Any part of the Commonwealth may adopt the provisions set out in Annex 1.

(2) The return of a fugitive offender will be precluded by law if it appears to the competent judicial or executive authority

(a) that the request for his surrender although purporting to be made for a returnable offence was in fact made for the purpose of prosecuting or punishing the person on account of his race, religion, nationality or political opinions, or

(b) that he may be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.

Compendium

592

(3) The return of a fugitive offender, or his return before the expiry of a specified period, will be precluded by law if the competent judicial or executive authority is satisfied that by reason of (a) the trivial nature of the case, or

(b) the accusation against the fugitive not having been made in good faith or in the interests of justice, or

(c) the passage of time since the commission of the offence, or

(d) any other sufficient cause, it would, having regard to all the circumstances be unjust or oppressive or too severe a punishment to return the fugitive or, as the case may be, to return him before the expiry of a period specified by that authority.

(4) The return of a fugitive offender will be precluded by law if the competent judicial or executive authority is satisfied that he has been convicted (and is neither unlawfully at large nor at large in breach of a condition of a licence to be at large), or has been acquitted, whether within or outside the Commonwealth, of the offence of which he is accused.

(5) The competent authorities for the purposes of this and the next following clause will include

(a) any judicial authority which hears or is competent to hear such an application as is mentioned in clause 9, and

(b) the executive authority by whom any order for the fugitives return would fall to be made.

(6) It will be sufficient compliance with any one of the paragraphs (1), (2), (3), (4) and (5) if a country decides that the competent authority for the purposes of that paragraph is exclusively the judicial authority or the executive authority.

(7) If the competent executive authority -

(a) is empowered by law to certify that the offence of which a fugitive offender is accused is an offence of a political character, and

(b) in the case of a particular fugitive offender, so certifies, the certificate will be conclusive in the matter and binding upon the competent judicial authority for the purposes mentioned in this clause.

Offences under military law

11. The return of a fugitive offender will either be precluded by law, or be subject to refusal by the competent authority if the competent authority is satisfied that the offence is an offence only under military law or a law relating to military obligations.


593

Double-criminality rule

12. The return of a fugitive offender will whether be precluded by law or be subject to refusal by the competent executive authority if the facts on which the request for his return is grounded do not constitute an offence under the law of the country or territory in which he is found.

Postponement of return of fugitive and temporary transfer of prisoners to stand trial

13. (1) Subject to the following provisions of this clause, where a fugitive offender

(a) has been charged with an offence triable by a court in that part of the Commonwealth in which he is found, or

(b) is serving a sentence imposed by a court in that part of the Commonwealth, then until such a time as he has been discharged (whether by acquittal, the expiration or remission of his sentence, or otherwise) his return will either be precluded by law or be subject to refusal by the competent executive authority as the law of the country or territory concerned may provide.

(2) Subject to the provisions of this Scheme, a prisoner serving such a sentence who is also a fugitive offender may, at the discretion of the competent executive authority of that part of the Commonwealth in which the prisoner is held, be returned temporarily to another part of the Commonwealth in which he is accused of a returnable offence to enable proceedings to be brought against the prisoner in relation to that offence on such conditions as are agreed between the respective parts of the Commonwealth.

Priority where two or more requests made

14. Where requests for the return of a fugitive offender or two or more parts of the Commonwealth fall to be dealt with at the same time, the competent executive authority will determine to which part he should be returned and, accordingly, may refuse the other requests; and in determining the matter that authority will consider all the circumstances of the case and in particular -

(a) the relative seriousness of the offences,

(b) the relative dates on which the requests were made, and

(c) the citizenship or other national status of the fugitive and his ordinary residence.

Compendium

594

Speciality rule

15. (1) This clause relates to a fugitive offender who has been returned from one part of the Commonwealth to another part thereof, so long as he has not had a reasonable opportunity of leaving the second mentioned part.

(2) In the case of a fugitive offender to whom this clause relates, his detention or trial in the part of the Commonwealth to which he has been returned for any offence committed prior to his return (other than the one for which he was returned or any lesser offence proved by the facts on which that return was grounded, or, with the consent of the requested country or territory, any returnable offence) will be precluded by law.

(3) When considering a request for consent under paragraph (2) the executive authority of the requested part of the Commonwealth may call for such particulars as it may require in order that it may be satisfied that such request is otherwise consistent with the principles or this Scheme, and shall not unreasonably withhold consent; but where in the opinion of the requested part of the Commonwealth it appears that, on the facts known to the requesting part of the Commonwealth at the time of the original application for return of the fugitive offender, application should have been made in respect or such offences at that time, that fact may constitute a ground for refusal.

(4) The requesting part of the Commonwealth shall not, without the consent of the requested part, return or surrender to another country or territory a fugitive offender returned to the requesting part and sought by such other country or territory in respect of any offence committed prior to his return; and in considering a request under this paragraph the requested part of the Commonwealth may call for the particulars referred to in paragraph (3) and shall not unreasonably withhold consent.

(5) Nothing in this clause shall prevent a court in the requesting part of the Commonwealth from taking into account at the request of the fugitive any other offence, whether returnable or not under this Scheme, for the purpose of passing sentence on a fugitive convicted of an offence for which he has been returned under this Scheme, where the fugitive desires that such other offence shall be taken into account.

Return of escaped prisoners

16. (1) In the case of a person who -

(a) has been convicted of a returnable offence by a court in any part of the Commonwealth and is unlawfully at large before the expiry of his sentence for that offence, and

(b) is found in some other part of the Commonwealth, the provisions set out in this Scheme, as applied for the purposes of this clause by paragraph (2), will govern his return to the part of the Commonwealth in which he was convi cted.


595

(2) For the purposes of this clause this Scheme shall be construed, subject to any necessary adaptations or modifications, as though the person unlawfully at large were accused of the offence of which he was convicted and, in particular

(a) any reference to a fugitive offender shall be construed as including a reference to such a person as is mentioned in paragraph (1), and

(b) the reference in clause 5(4) to such evidence as establishes a prima facie case that he committed the offence of which he is accused shall be construed as a reference to such evidence as establishes that he has been convicted.

(3) The references in this clause to a person unlawfully at large shall be construed as including reference to a person at large in breach of a condition of a licence to be at large.

Ancillary provisions

17. Each Commonwealth country or territory will take, subject to its constitution, any legislative and other steps which may be necessary or expedient in the circumstances to facilitate and effectuate

(a) the return of a fugitive offender who is in transit in its territory for that purpose,

(b) the delivery of property found in the possession of a fugitive offender at the time of his arrest which may be material evidence of the offence at which he is accused, and

(c) the proof of warrants, certificates of conviction, depositions and other documents.

Alternative arrangements and modifications

18. Nothing in this Scheme shall prevent

(a) the making of arrangements between two or more parts of the Commonwealth for further or alternative provision for the return of offenders, or

(b) the application of the Scheme with modifications by an part of the Commonwealth in relation to any other part which has not brought clauses 1 to 17 fully into effect.

Supplementary provisions

19. (1) Any part of the Commonwealth may or may not adopt either or both of the supplementary provisions set out in Annex 1 but, where such a provision is adopted, any other part of the Commonwealth may in relation to the first part reserve its position as to whether it will give effect to clauses 1 to 17 or will give effect to them subject to such exceptions and modifications as appear to it to be necessary or expedient or give effect to any arrangement made under clause 18(a).

Compendium

596

(2) Two or more parts of the Commonwealth may make arrangements under which in matters of rendition between them clause 5(4) will be replaced either by Annex 3 or by other provisions agreed by the Governments of those parts.

Annex 1

Discretion as to definition of political offences

1. It may be provided by a law in any part of the Commonwealth that certain acts shall not be held to be offences of a political character including

(a) an offence against the life or person of a Head of State or a member of his immediate family or any related offence (i.e. aiding and abetting, or counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit such an offence),

(b) an offence against the life or person of a Head of Government, or of a Minister of a Government, or any related offence as aforesaid,

(c) murder, or any related offence as aforesaid

(d) an act declared to constitute an offence under a multilateral international convention whose purpose is to prevent or repress a specific category of offences and which imposes on the parties thereto an obligation either to extradite or to prosecute the person sought.

2. Any part of the Commonwealth may restrict the application of any of the provisions made under paragraph 1 to a request from a part of the Commonwealth which has made similar provisions in its laws.

Annex 2

Supplementary provisions

Discretion as respects return for offences Punishable by death

1. (1) The return of a fugitive offender may be refused by the competent executive authority where it appears to that authority that, by reason that -

(a) if he was returned he would be likely to suffer the death penalty for the offence for which his return is requested, and

(b) in the country or territory in which he is found or in any part thereof that offence is not punishable by death, it would, having regard to all the circumstances of the case and to


597

any likelihood that if not returned he would be immune from punishment, be unjust or oppressive or too severe a punishment to return him.

(2) In determining whether a fugitive would be likely to suffer the death penalty, the executive authority shall take into account any representations which the authorities of the requesting part of the Commonwealth may make with regard to the possibility that the death penalty, if imposed, will not be carried out.

Discretion as respects return of citizens etc.

2. (1) The return of a fugitive offender who is a national or permanent resident of the part of the Commonwealth in which he is found -

(a) may be precluded by law, or

(b) may be refused by the competent executive authority: provided that return will not be so refused if the fugitive is also national of that part of the Commonwealth to which his return is requested.

(2) For the purposes of this paragraph a fugitive shall be treated as a national of a part of the Commonwealth if that part consists of, or includes -

(a) a Commonwealth country of which he is a citizen, or

(b) a country or territory his connection with which determines his national status, in either case at the date of the request.

Annex 3

Alternative provisions as to committal proceedings

1. Where a warrant has been endorsed or issued as mentioned In clause 3(1) the competent judicial authority may commit the fugitive to prison to await his return if -

(a) the contents of the record of the case received under this Annex whether or not admissible in evidence, under the law of the requested part, and any other evidence admissible under the law of the requested part, are sufficient to warrant a trial of the charges for which rendition has been requested; and

(b) the fugitive's return Is not precluded by law, but otherwise will order the fugitive to be discharged.

2. The competent judicial authority will receive a record of the case prepared by an Investigating authority in the requesting part if it is accompanied by

Compendium

598

(a) an affidavit of an officer of the investigating authority stating that the record of the case was prepared by or under the direction of that officer, and that the evidence has been preserved for use in court; and

(b) a certificate of the Attorney General of the requesting part that in his opinion the record of the case discloses the existence of evidence under the law of the requesting part sufficient to justify a prosecution.

3. The record of the case will contain -

(a) particulars of the description, identity, nationality and, to the extent available, whereabouts of the person sought;

(b) particulars of each offence or conduct in respect of which rendition is requested, specifying the date and place of commission, the legal definition of the offence and the relevant provisions in the law of the requesting part, including a certified copy of any such definition in the written law of that part;

(c) the original or a certified copy of any document of process issued in the requesting part against the person whom it seeks to have committed for rendition;

(d) a recital of the evidence acquired to support the request for rendition of the person sought; and

(e) a certified copy, reproduction or photograph of exhibits or documents evidence.

Appendix ii

Note of legal costs arising out of extradition and fugitive offenders proceedings

Particulars of legislation, case-law or State-practice regarding the legal costs of extradition and fugitive offenders proceedings in certain Commonwealth countries.

AUSTRALIA

The Australian practice is to offer the services of the Director of Public Prosecutions to represent requesting countries in extradition proceedings, including any proceedings by way of appeal or review. In consequence, costs and disbursements incurred are borne by the Australian Government. Normally an officer of the Office of the Director of Public Prosecutions in the State or Territory in which the application is made appears for the requesting country. Alternatively, the Director of Public Prosecutions may brief counsel if that course appears desirable. This practice is largely based on reciprocity of treatment and is liable to be varied in the event of a particular country being unwilling to make similar


599

arrangements for, or to meet the costs of, legal representations when Australia makes a request.

BARBADOS

Although legislative provisions regarding extradition make no mention of legal costs, Statepractice in extradition proceedings is described as follows:

"The fugitive offender is brought to trial on a magistrate's warrant for which no fee is required. But expenses are required for briefing and obtaining the services of an Attorney-at-law in connection with the trial. Current practice requires the requesting State to meet these expenses. In an effort to ensure payment, the requesting State is required to give an undertaking at the time of requisition.

In the event that there are habeas corpus proceedings the requesting State may also be required to pay the necessary court fees in accordance with Order 54 Rule 2 of the Supreme Court Rules. But if there is any existing treaty arrangement providing for exemption of fees in these matters, this will be facilitated by Order 54, Rule 3. There are no concrete cases arising out of the definition."

LESOTHO

Since the Act of 1967, Lesotho entertained one extradition request made by Swaziland in 1972. A problem arose after surrender and trial - the fugitive was found guilty in Swaziland but was given a suspended sentence and permitted to return to Lesotho - as to who should bear the costs of repatriation. The problem was solved through the good offices of the British High Commission and the bail money standing in the name of the fugitive in Lesotho. Another question is whether any procedure exists to enforce the suspended sentence if the condition of release should be breached?

NEW ZEALAND

According to New Zealand the Extradition Act makes no mention of legal costs, therefore the question of costs would be disposed of in accordance with the terms of the relevant treaty. The only treaty concluded by New Zealand in this respect is with the USA. Concluded in 1970 the Treaty provides that expenses relating to transportation of the person sought shall be paid by the requesting Party and that appropriate legal officers of the county in which extradition proceedings take place shall, by all legal means within their power, assist the officers of the requesting Party before the respective judges and magistrates.

TONGA

As regards legal costs, Tonga expressed its inability to comment until bilateral treaties were concluded between Tonga and other countries. However, attention has been drawn to the procedure for arrest and committal in the Extradition Act being similar to criminal

Compendium

600

prosecutions in which the costs involved are borne by the Government of Tonga with exception of costs for the repatriation of the offender which is expected to be borne by the requesting State.

UNITED KINGDOM

Provision has been made in extradition treaties or separate administrative arrangements, concluded by the United Kingdom with other Western European countries and the United States, for the requested Party to make all necessary arrangements for, and meet the cost of, the legal representation of the requesting Party in any proceedings arising out of a request for extradition. Arrangements have been made between England and Wales and a number of Commonwealth countries (Australia, Barbados, Canada Cyprus, Ghana, Gibraltar, Hong Kong, Kenya, Malta, Nauru, New Zealand and Swaziland) for the requested State to arrange and meet the costs of legal representation on behalf of the requesting State. Similar arrangements have not been necessary for Scotland where the requesting State is represented without charge by the Lord Advocate (the Chief Public Prosecutor) or on his behalf by his local prosecutors, the Procurators Fiscal. Since 1969 non-statutory arrangements have existed with the Republic of Ireland whereby the Attorney-General of the Republic of Ireland represents United Kingdom interests in any extradition proceedings in the Republic and the Director of Public Prosecutions undertakes a reciprocal service in any habeas corpus proceedings in England and Wales under the Backing of Warrants (Republic or Ireland) Act, 1965. Similar reciprocal services in Scotland are offered and undertaken by the Lord Advocate.


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III. Instruments adopted by the Comunidade dos Países de Língua Portuguesa (CPLP)

1. Convenção de auxílio judiciário em matéria penal entre os Estados membros da Comunidade dos Países de Língua Portuguesa : Convention on mutual legal assistance among the Member States of the Community of Portuguese-speaking countries (CPLP), 2005

Please, see the Portuguese version

2. Convenção de Extradição entre os Estados membros da Comunidade dos Países de Língua Portuguesa: Convention on extradition among the Member States of the Community of Portuguese-speaking countries (CPLP), 2005


3. Convenção sobre a transferência de pessoas condenadas entre os Estados membros da Comunidade dos Países de Língua Portuguesa : Convention on the transfer of sentenced persons among the Member States of the Community of Portuguese-speaking countries (CPLP), 2005


Recueil des instruments bilateraux, regionaux, et

internationaux sur l'extradition et l'entraide judiciaire

(Etats membres de la CEDEAO)

Tome 2

Première partie

Instruments internationaux

Première partie. Instruments internationaux

607

I. Résolution adoptée par le Conseil de Sécurité des Nations Unies

1. Résolution 1373 (2001) du Conseil de sécurité des Nations Unies

Adoptée par le Conseil de sécurité à sa 4385e séance, le 28 septembre 2001

Le Conseil de sécurité,

Réaffirmant ses résolutions 1269 (1999) du 19 octobre 1999 et 1368 (2001) du 12 septembre 2001,

Réaffirmant également sa condamnation sans équivoque des attaques terroristes commises le 11 septembre 2001 à New York, à Washington et en Pennsylvanie, et exprimant sa détermination à prévenir tous actes de ce type,

Réaffirmant en outre que de tels actes, comme tout acte de terrorisme international, constituent une menace à la paix et à la sécurité internationales,

Réaffirmant le droit naturel de légitime défense, individuelle ou collective, que consacre la Charte des Nations Unies et qui est réaffirmé dans la résolution 1368 (2001),

Réaffirmant la nécessité de lutter par tous les moyens, conformément à la Charte des Nations Unies, contre les menaces à la paix et à la sécurité internationales que font peser les actes de terrorisme,

Profondément préoccupé par la multiplication, dans diverses régions du monde, des actes de terrorisme motivés par l’intolérance ou l’extrémisme,

Demandant aux États de collaborer d’urgence pour prévenir et réprimer les actes de terrorisme, notamment par une coopération accrue et l’application intégrale des conventions internationales relatives au terrorisme,

Considérant que les États se doivent de compléter la coopération internationale en prenant des mesures supplémentaires pour prévenir et réprimer sur leur territoire, par tous les moyens licites, le financement et la préparation de tout acte de terrorisme,

Réaffirmant le principe que l’Assemblée générale a établi dans sa déclaration d’octobre 1970 (2625 XXV) et que le Conseil de sécurité a réaffirmé dans sa résolution 1189 (1998), à savoir que chaque État a le devoir de s’abstenir d’organiser et d’encourager des actes de terrorisme sur le territoire d’un autre État, d’y aider ou d’y participer, ou de tolérer sur son territoire des activités organisées en vue de perpétrer de tels actes,

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Agissant en vertu du Chapitre VII de la Charte des Nations Unies,

1. Décide que tous les États doivent :

(a) Prévenir et réprimer le financement des actes de terrorisme ;

(b) Ériger en infraction la fourniture ou la collecte délibérée par leurs nationaux ou sur leur territoire, par quelque moyen que ce soit, directement ou indirectement, de fonds que l’on prévoit d’utiliser ou dont on sait qu’ils seront utilisés pour perpétrer des actes de terrorisme ;

(c) Geler sans attendre les fonds et autres avoirs financiers ou ressources économiques des personnes qui commettent, ou tentent de commettre, des actes de terrorisme, les facilitent ou y participent, des entités appartenant à ces personnes ou contrôlées, directement ou indirectement, par elles, et des personnes et entités agissant au nom, ou sur instruction, de ces personnes et entités, y compris les fonds provenant de biens appartenant à ces personnes, et aux personnes et entités qui leur sont associées, ou contrôlés, directement ou indirectement, par elles ;

(d) Interdire à leurs nationaux ou à toute personne ou entité se trouvant sur leur territoire de mettre des fonds, avoirs financiers ou ressources économiques ou services financiers ou autres services connexes à la disposition, directement ou indirectement, de personnes qui commettent ou tentent de commettre des actes de terrorisme, les facilitent ou y participent, d’entités appartenant à ces personnes ou contrôlées, directement ou indirectement, par elles et de personnes et entités agissant au nom ou sur instruction de ces personnes ;

2. Décide également que tous les États doivent :

(a) S’abstenir d’apporter quelque forme d’appui que ce soit, actif ou passif, aux entités ou personnes impliquées dans des actes de terrorisme, notamment en réprimant le recrutement de membres de groupes terroristes et en mettant fin à l’approvisionnement en armes des terroristes ;

(b) Prendre les mesures voulues pour empêcher que des actes de terrorisme ne soient commis, notamment en assurant l’alerte rapide d’autres États par l’échange de renseignements ;

(c) Refuser de donner refuge à ceux qui financent, organisent, appuient ou commettent des actes de terrorisme ou en recèlent les auteurs ;

(d) Empêcher que ceux qui financent, organisent, facilitent ou commettent des actes de terrorisme n’utilisent leurs territoires respectifs pour commettre de tels actes contre d’autres États ou contre les citoyens de ces États ;


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(e) Veiller à ce que toutes personnes qui participent au financement, à l’organisation, à la préparation ou à la perpétration d’actes de terrorisme ou qui y apportent un appui soient traduites en justice, à ce que, outre les mesures qui pourraient être prises contre ces personnes, ces actes de terrorisme soient érigés en infractions graves dans la législation et la réglementation nationales et à ce que la peine infligée soit à la mesure de la gravité de ces actes ;

(f) Se prêter mutuellement la plus grande assistance lors des enquêtes criminelles et autres procédures portant sur le financement d’actes de terrorisme ou l’appui dont ces actes ont bénéficié, y compris l’assistance en vue de l’obtention des éléments de preuve qui seraient en leur possession et qui seraient nécessaires à la procédure ;

(g) Empêcher les mouvements de terroristes ou de groupes de terroristes en instituant des contrôles efficaces aux frontières, ainsi que des contrôles lors de la délivrance de documents d’identité et de documents de voyage et en prenant des mesures pour empêcher la contrefaçon, la falsification ou l’usage frauduleux de papiers d’identité et de documents de voyage ;

3. Demande à tous les États :

(a) De trouver les moyens d’intensifier et d’accélérer l’échange d’informations opérationnelles, concernant en particulier les actions ou les mouvements de terroristes ou de réseaux de terroristes, les documents de voyage contrefaits ou falsifiés, le trafic d’armes, d’explosifs ou de matières sensibles, l’utilisation des technologies de communication par des groupes terroristes, et la menace que constituent les armes de destruction massive en possession de groupes terroristes ;

(b) D’échanger des renseignements conformément au droit international et national et de coopérer sur les plans administratif et judiciaire afin de prévenir les actes de terrorisme ;

(c) De coopérer, en particulier dans le cadre d’accords et d’arrangements bilatéraux et multilatéraux, afin de prévenir et de réprimer les actes de terrorisme et de prendre des mesures contre les auteurs de tels actes ;

(d) De devenir dès que possible parties aux conventions et protocoles internationaux relatifs au terrorisme, y compris la Convention internationale pour la répression du financement du terrorisme en date du 9 décembre 1999 ;

(e) De coopérer davantage et d’appliquer intégralement les conventions et protocoles internationaux relatifs au terrorisme ainsi que les résolutions 1269 (1999) et 1368 (2001) du Conseil de sécurité ;

(f) De prendre les mesures appropriées, conformément aux dispositions pertinentes de leur législation nationale et du droit international, y compris les normes internationales

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relatives aux droits de l’homme, afin de s’assurer, avant d’octroyer le statut de réfugié, que les demandeurs d’asile n’ont pas organisé ou facilité la perpétration d’actes de terrorisme et n’y ont pas participé ;

(g) De veiller, conformément au droit international, à ce que les auteurs ou les organisateurs d’actes de terrorisme ou ceux qui facilitent de tels actes ne détournent pas à leur profit le statut de réfugié, et à ce que la revendication de motivations politiques ne soit pas considérée comme pouvant justifier le rejet de demandes d’extradition de terroristes présumés ;

4. Note avec préoccupation les liens étroits existant entre le terrorisme international et la criminalité transnationale organisée, la drogue illicite, le blanchiment d’argent, le trafic d’armes et le transfert illégal de matières nucléaires, chimiques, biologiques et autres présentant un danger mortel et, à cet égard, souligne qu’il convient de renforcer la coordination des efforts accomplis aux échelons national, sous-régional, régional et international afin de renforcer une action mondiale face à ce grave problème et à la lourde menace qu’il fait peser sur la sécurité internationale ;

5. Déclare que les actes, méthodes et pratiques du terrorisme sont contraires aux buts et aux principes de l’Organisation des Nations Unies et que le financement et l’organisation d’actes de terrorisme ou l’incitation à de tels actes en connaissance de cause sont également contraires aux buts et principes de l’Organisation des Nations Unies ;

6. Décide de créer, en application de l’article 28 de son Règlement intérieur provisoire, un comité du Conseil de sécurité composé de tous les membres du Conseil et chargé de suivre l’application de la présente résolution avec l’aide des experts voulus, et demande à tous les États de faire rapport au Comité, 90 jours au plus tard après la date de l’adoption de la présente résolution puis selon le calendrier qui sera proposé par le Comité, sur les mesures qu’ils auront prises pour donner suite à la présente résolution ;

7. Donne pour instructions au Comité de définir ses tâches, de présenter un programme de travail 30 jours au plus tard après l’adoption de la présente résolution et de réfléchir à l’appui dont il aura besoin, en consultation avec le Secrétaire général ;

8. Se déclare résolu à prendre toutes les mesures nécessaires pour assurer la pleine application de la présente résolution, conformément aux responsabilités qui lui incombent en vertu de la Charte ;

9. Décide de demeurer saisi de la question.


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II. Instruments universels de lutte contre le terrorisme

1. Convention relative aux infractions et à certains autres actes survenant à bord des aéronefs, 1963

Signée à Tokyo le 14 septembre 1963 Entrée en vigueur : le 4 décembre 1969 Nations Unies, Recueil des Traités, vol. 704, No. 10106 Dépositaire : Organisation de l’aviation civile internationale

Les Etats parties à la présente Convention sont convenus des dispositions suivantes:

TITRE PREMIER CHAMP D’APPLICATION DE LA CONVENTION

Article premier

1. La présente Convention s’applique :

(a) aux infractions aux lois pénales ;

(b) aux actes qui, constituant ou non des infractions, peuvent compromettre ou compromettent la sécurité de l’aéronef ou de personnes ou de biens à bord, ou compromettent le bon ordre et la discipline à bord.

2. Sous réserve des dispositions du Titre III, la présente Convention s’applique aux infractions commises ou actes accomplis par une personne à bord d’un aéronef immatriculé dans un Etat contractant pendant que cet aéronef se trouve, soit en vol, soit à la surface de la haute mer ou d’une région ne faisant partie du territoire d’aucun Etat.

3. Aux fins de la présente Convention, un aéronef est considéré comme en vol depuis le moment où la force motrice est employée pour décoller jusqu’au moment où l’atterrissage a pris fin.

4. La présente Convention ne s’applique pas aux aéronefs utilisés à des fins militaires, de douane ou de police.

Article 2

Sans préjudice des dispositions de l’Article 4 et sous réserve des exigences de la sécurité de l’aéronef et des personnes ou des biens à bord, aucune disposition de la présente Convention ne peut être interprétée comme autorisant ou prescrivant l’application de quelque mesure que ce soit dans le cas d’infractions à des lois pénales de caractère politique ou fondées sur la discrimination raciale ou religieuse.

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TITRE II COMPÉTENCE

Article 3

1. L’Etat d’immatriculation de l’aéronef est compétent pour connaître des infractions commises et actes accomplis à bord.

2. Tout Etat contractant prend les mesures nécessaires pour établir sa compétence, en sa qualité d’Etat d’immatriculation, aux fins de connaître des infractions commises à bord des aéronefs inscrits sur son registre d’immatriculation.

3. La présente Convention n’écarte aucune compétence pénale exercée conformément aux lois nationales.

Article 4

Un Etat contractant qui n’est pas l’Etat d’immatriculation ne peut gêner l’exploitation d’un aéronef en vol en vue d’exercer sa compétence pénale à l’égard d’une infraction commise à bord que dans les cas suivants :

(a) cette infraction a produit effet sur le territoire dudit Etat ;

(b) cette infraction a été commise par ou contre un ressortissant dudit Etat ou une personne y ayant sa résidence permanente ;

(c) cette infraction compromet la sécurité dudit Etat ;

(d) cette infraction constitue une violation des règles ou règlements relatifs au vol ou à la manœuvre des aéronefs en vigueur dans ledit Etat ;

(e) l’exercice de cette compétence est nécessaire pour assurer le respect d’une obligation qui incombe audit Etat en vertu d’un accord international multilatéral.

TITRE III POUVOIRS DU COMMANDANT D’AÉRONEF

Article 5

1. Les dispositions du présent Titre ne s’appliquent aux infractions et aux actes commis ou accomplis, ou sur le point de l’être, par une personne à bord d’un aéronef en vol, soit dans l’espace aérien de l’Etat d’immatriculation, soit au-dessus de la haute mer ou d’une région ne faisant partie du territoire d’aucun Etat, que si le dernier point de décollage ou le prochain point d’atterrissage prévu est situé sur le territoire d’un Etat autre que celui


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d’immatriculation, ou si l’aéronef vole ultérieurement dans l’espace aérien d’un Etat autre que l’Etat d’immatriculation, ladite personne étant encore à bord.

2. Aux fins du présent Titre, et nonobstant les dispositions de l’article premier, paragraphe 3, un aéronef est considéré comme en vol depuis le moment où, l’embarquement étant terminé, toutes ses portes extérieures ont été fermées jusqu’au moment où l’une de ces portes est ouverte en vue du débarquement. En cas d’atterrissage forcé, les dispositions du présent Titre continuent de s’appliquer à l’égard des infractions et des actes survenus à bord jusqu’à ce que l’autorité compétente d’un Etat prenne en charge l’aéronef ainsi que les personnes et biens à bord.

Article 6

1. Lorsque le commandant d’aéronef est fondé à croire qu’une personne a commis ou accompli ou est sur le point de commettre ou d’accomplir à bord une infraction ou un acte, visés à l’article premier, paragraphe 1, il peut prendre, à l’égard de cette personne, les mesures raisonnables, y compris les mesures de contrainte, qui sont nécessaires :

(a) pour garantir la sécurité de l’aéronef ou de personnes ou de biens à bord ;

(b) pour maintenir le bon ordre et la discipline à bord ;

(c) pour lui permettre de remettre ladite personne aux autorités compétentes ou de la débarquer conformément aux dispositions du présent Titre.

2. Le commandant d’aéronef peut requérir ou autoriser l’assistance des autres membres de l’équipage et, sans pouvoir l’exiger, demander ou autoriser celle des passagers en vue d’appliquer les mesures de contrainte qu’il est en droit de prendre. Tout membre d’équipage ou tout passager peut également prendre, sans cette autorisation, toutes mesures préventives raisonnables, s’il est fondé à croire qu’elles s’imposent immédiatement pour garantir la sécurité de l’aéronef ou de personnes ou de biens à bord.

Article 7

1. Les mesures de contrainte prises à l’égard d’une personne conformément aux dispositions de l’article 6 cesseront d’être appliquées au-delà de tout point d’atterrissage à moins que :

(a) ce point ne soit situé sur le territoire d’un Etat non contractant et que les autorités de cet Etat ne refusent d’y permettre le débarquement de la personne intéressée ou que des mesures de contrainte n’aient été imposées à celle-ci conformément aux dispositions de l’article 6, paragraphe 1,c, pour permettre sa remise aux autorités compétentes ;

(b) l’aéronef ne fasse un atterrissage forcé et que le commandant d’aéronef ne soit pas en mesure de remettre la personne intéressée aux autorités compétentes ;

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(c) la personne intéressée n’accepte de continuer à être transportée au-delà de ce point en restant soumise aux mesures de contrainte.

2. Le commandant d’aéronef doit, dans les moindres délais et, si possible, avant d’atterrir sur le territoire d’un Etat avec à son bord une personne soumise à une mesure de contrainte prise conformément aux dispositions de l’article 6, informer les autorités dudit Etat de la présence à bord d’une personne soumise à une mesure de contrainte et des raisons de cette mesure.

Article 8

1. Lorsque le commandant d’aéronef est fondé à croire qu’une personne a accompli ou est sur le point d’accomplir à bord un acte visé à l’article premier, paragraphe 1,b, il peut débarquer cette personne sur le territoire de tout Etat où atterrit l’aéronef pour autant que cette mesure soit nécessaire aux fins visées à l’article 6, paragraphe 1, a ou b.

2. Le commandant d’aéronef informe les autorités de l’Etat sur le territoire duquel il débarque une personne, conformément aux dispositions du présent article, de ce débarquement et des raisons qui l’ont motivé.

Article 9

1. Lorsque le commandant d’aéronef est fondé à croire qu’une personne a accompli à bord de l’aéronef un acte qui, selon lui, constitue une infraction grave, conformément aux lois pénales de l’Etat d’immatriculation de l’aéronef, il peut remettre ladite personne aux autorités compétentes de tout Etat contractant sur le territoire duquel atterrit l’aéronef.

2. Le commandant d’aéronef doit, dans les moindres délais et si possible avant d’atterrir sur le territoire d’un Etat contractant avec à bord une personne qu’il a l’intention de remettre conformément aux dispositions du paragraphe précédent, faire connaître cette intention aux autorités de cet Etat ainsi que les raisons qui la motivent.

3. Le commandant d’aéronef communique aux autorités auxquelles il remet l’auteur présumé de l’infraction, conformément aux dispositions du présent article, les éléments de preuve et d’information qui, conformément à la loi de l’Etat d’immatriculation de l’aéronef, sont légitimement en sa possession.

Article 10

Lorsque l’application des mesures prévues par la présente Convention est conforme à celle-ci, ni le commandant d’aéronef, ni un autre membre de l’équipage, ni un passager, ni le propriétaire, ni l’exploitant de l’aéronef, ni la personne pour le compte de laquelle le vol a été effectué, ne peuvent être déclarés responsables dans une procédure engagée en raison d’un préjudice subi par la personne qui a fait l’objet de ces mesures.


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TITRE IV CAPTURE ILLICITE D’AERONEFS

Article 11

1. Lorsque, illicitement, et par violence ou menace de violence, une personne à bord a gêné l’exploitation d’un aéronef en vol, s’en est emparé ou en a exercé le contrôle, ou lorsqu’elle est sur le point d’accomplir un tel acte, les Etats contractants prennent toutes mesures appropriées pour restituer ou conserver le contrôle de l’aéronef au commandant légitime.

2. Dans les cas visés au paragraphe précédent, tout Etat contractant où atterrit l’aéronef permet aux passagers et à l’équipage de poursuivre leur voyage aussitôt que possible. Il restitue l’aéronef et sa cargaison à ceux qui ont le droit de les détenir.

TITRE V POUVOIRS ET OBLIGATIONS DES ETATS

Article 12

Tout Etat contractant doit permettre au commandant d’un aéronef immatriculé dans un autre Etat contractant de débarquer toute personne conformément aux dispositions de l’article 8, paragraphe 1.

Article 13

1. Tout Etat contractant est tenu de recevoir une personne que le commandant d’aéronef lui remet conformément aux dispositions de l’article 9, paragraphe 1.

2. S’il estime que les circonstances le justifient, tout Etat contractant assure la détention ou prend toutes autres mesures en vue d’assurer la présence de toute personne auteur présumé d’un acte visé à l’article 11, paragraphe 1, ainsi que de toute personne qui lui a été remise. Cette détention et ces mesures doivent être conformes à la législation dudit Etat; elles ne peuvent être maintenues que pendant le délai nécessaire à l’engagement de poursuites pénales ou d’une procédure d’extradition.

3. Toute personne détenue en application du paragraphe précédent, peut communiquer immédiatement avec le plus proche représentant qualifié de l’Etat dont elle a la nationalité; toutes facilités lui sont accordées à cette fin.

4. Tout Etat contractant auquel une personne est remise conformément aux dispositions de l’article 9, paragraphe 1, ou sur le territoire duquel un aéronef atterrit après qu’un acte visé à l’article 11, paragraphe 1, a été accompli, procède immédiatement à une enquête préliminaire en vue d’établir les faits.

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5. Lorsqu’un Etat a mis une personne en détention conformément aux dispositions du présent article, il avise immédiatement de cette détention, ainsi que des circonstances qui la justifient, l’Etat d’immatriculation de l’aéronef, l’Etat dont la personne détenue a la nationalité et, s’il le juge opportun, tous autres Etats intéressés. L’Etat qui procède à l’enquête préliminaire visée au présent article, paragraphe 4, en communique promptement les conclusions auxdits Etats et leur indique s’il entend exercer sa compétence.

Article 14

1. Si une personne qui a été débarquée conformément aux dispositions de l’article 8, paragraphe 1, ou qui a été remise conformément aux dispositions de l’article 9, paragraphe 1, ou qui a débarqué après avoir accompli un acte visé à l’article 11, paragraphe 1, ne peut ou ne veut pas poursuivre son voyage, l’Etat d’atterrissage, s’il refuse d’admettre cette personne et que celle-ci n’ait pas la nationalité dudit Etat ou n’y ait pas établi sa résidence permanente, peut la refouler vers l’Etat dont elle a la nationalité ou dans lequel elle a établi sa résidence permanente, ou vers l’Etat sur le territoire duquel elle a commencé son voyage aérien.

2. Ni le débarquement, ni la remise, ni la détention, ni d’autres mesures, visées à l’article 13, paragraphe 2, ni le renvoi de la personne intéressée ne sont considérés comme valant entrée sur le territoire d’un Etat contractant, au regard des lois de cet Etat relatives à l’entrée ou à l’admission des personnes. Les dispositions de la présente Convention ne peuvent affecter les lois des Etats contractants relatives au refoulement des personnes.

Article 15

1. Sous réserve des dispositions de l’article précédent, toute personne qui a été débarquée conformément aux dispositions de l’article 8, paragraphe 1, ou qui a été remise conformément aux dispositions de l’article 9, paragraphe 1, ou qui a débarqué après avoir accompli un acte visé à l’article 11, paragraphe 1, et qui désire poursuivre son voyage peut le faire aussitôt que possible vers la destination de son choix, à moins que sa présence ne soit requise selon la loi de l’Etat d’atterrissage, aux fins de poursuites pénales et d’extradition.

2. Sous réserve de ses lois relatives à l’entrée et à l’admission, à l’extradition et au refoulement des personnes, tout Etat contractant dans le territoire duquel une personne a été débarquée conformément aux dispositions de l’article 8, paragraphe 1, ou remise conformément aux dispositions de l’article 9, paragraphe 1, ou qui a débarqué et à laquelle est imputé un acte visé à l’article 11, paragraphe 1, accorde à cette personne un traitement qui, en ce qui concerne sa protection et sa sécurité, n’est pas moins favorable que celui qu’il accorde à ses nationaux dans des cas analogues.


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TITRE VI AUTRES DISPOSITIONS

Article 16

1. Les infractions commises à bord d’aéronefs immatriculés dans un Etat contractant sont considérées, aux fins d’extradition, comme ayant été commises tant au lieu de leur perpétration que sur le territoire de l’Etat d’immatriculation de l’aéronef.

2. Compte tenu des dispositions du paragraphe précédent, aucune disposition de la présente Convention ne doit être interprétée comme créant une obligation d’accorder l’extradition.

Article 17

En prenant des mesures d’enquête ou d’arrestation ou en exerçant de toute autre manière leur compétence à l’égard d’une infraction commise à bord d’un aéronef, les Etats contractants doivent dûment tenir compte de la sécurité et des autres intérêts de la navigation aérienne et doivent agir de manière à éviter de retarder sans nécessité l’aéronef, les passagers, les membres de l’équipage ou les marchandises.

Article 18

Si des Etats contractants constituent pour le transport aérien, des organisations d’exploitation en commun ou des organismes internationaux d’exploitation et si les aéronefs utilisés ne sont pas immatriculés dans un Etat déterminé, ces Etats désigneront, suivant des modalités appropriées, celui d’entre eux qui sera considéré, aux fins de la présente Convention, comme Etat d’immatriculation. Ils aviseront de cette désignation l’Organisation de l’aviation civile internationale qui en informera tous les Etats parties à la présente Convention.

TITRE VII DISPOSITIONS PROTOCOLAIRES

Article 19

La présente Convention, jusqu’à la date de son entrée en vigueur dans les conditions prévues à l’article 21, est ouverte à la signature de tout Etat qui, à cette date, sera membre de l’Organisation des Nations Unies ou d’une institution spécialisée.

Article 20

1. La présente Convention est soumise à la ratification des Etats signataires conformément à leurs dispositions constitutionnelles.

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2. Les instruments de ratification seront déposés auprès de l’Organisation de l’aviation civile internationale.

Article 21

1. Lorsque la présente Convention aura réuni les ratifications de douze Etats signataires, elle entrera en vigueur entre ces Etats le quatre-vingt dixième jour après le dépôt du douzième instrument de ratification. A l’égard de chaque Etat qui la ratifiera par la suite, elle entrera en vigueur le quatre-vingt-dixième jour après le dépôt de son instrument de ratification.

2. Dès son entrée en vigueur, la présente Convention sera enregistrée auprès du Secrétaire général de l’Organisation des Nations Unies par l’Organisation de l’aviation civile internationale.

Article 22

1. La présente Convention sera ouverte, après son entrée en vigueur, à l’adhésion de tout Etat membre de l’Organisation des Nations Unies ou d’une institution spécialisée.

2. L’adhésion sera effectuée par le dépôt d’un instrument d’adhésion auprès de l’Organisation de l’aviation civile internationale et prendra effet le quatre-vingt-dixième jour qui suivra la date de ce dépôt.

Article 23

1. Tout Etat contractant peut dénoncer la présente Convention par une notification faite à l’Organisation de l’aviation civile internationale.

2. La dénonciation prendra effet six mois après la date de réception de la notification par l’Organisation de l’aviation civile internationale.

Article 24

1. Tout différend entre des Etats contractants concernant l’interprétation ou l’application de la présente Convention qui ne peut pas être réglé par voie de négociation est soumis à l’arbitrage, à la demande de l’un d’entre eux. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les Parties ne parviennent pas à se mettre d’accord sur l’organisation de l’arbitrage, l’une quelconque d’entre elles peut soumettre le différend à la Cour internationale de Justice, en déposant une requête conformément au Statut de la Cour.

2. Chaque Etat pourra, au moment où il signera ou ratifiera la présente Convention ou y adhérera, déclarer qu’il ne se considère pas lié par les dispositions du paragraphe précédent. Les autres Etats contractants ne seront pas liés par lesdites dispositions envers tout Etat contractant qui aura formulé une telle réserve.


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3. Tout Etat contractant qui aura formulé une réserve conformément aux dispositions du paragraphe précédent pourra à tout moment lever cette réserve par une notification adressée à l’Organisation de l’aviation civile internationale.

Article 25

Sauf dans le cas prévu à l’article 24, il ne sera admis aucune réserve à la présente Convention.

Article 26

L’Organisation de l’aviation civile internationale notifiera à tous les Etats membres de l’Organisation des Nations Unies ou d’une institution spécialisée :

(a) toute signature de la présente Convention et la date de cette signature ;

(b) le dépôt de tout instrument de ratification ou d’adhésion et la date de ce dépôt ;

(c) la date à laquelle la présente Convention entre en vigueur conformément aux dispositions du paragraphe 1 de l’article 21 ;

(d) la réception de toute notification de dénonciation et la date de réception ; et

(e) la réception de toute déclaration ou notification faite en vertu de l’article 24 et la date de réception.

En foi de quoi, les Plénipotentiaires soussignés, dûment autorisés, ont signé la présente Convention.

Fait à Tokyo le quatorzième jour du mois de septembre de l’an mil neuf cent soixante-trois, en trois textes authentiques rédigés dans les langues française, anglaise et espagnole.

La présente Convention sera déposée auprès de l’Organisation de l’aviation civile internationale où, conformément aux dispositions de l’article 19, elle restera ouverte à la signature et cette Organisation transmettra des copies certifiées conformes de la présente Convention à tous les Etats membres de l’Organisation des Nations Unies ou d’une institution spécialisée.

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2. Convention pour la répression de la capture illicite d’aéronefs, 1970

Signée à La Haye, le 16 décembre 1970 Entrée en vigueur : le 14 octobre 1971 Nations Unies, Recueil des Traités, vol. 860, No. 12325 Dépositaire : Etats-Unis d’Amérique, Fédération de Russie et

Royaume-Uni de Grande-Bretagne et d’Irlande du Nord

PREAMBULE

Les Etats parties à la présente Convention,

Considérant que les actes illicites de capture ou d’exercice du contrôle d’aéronefs en vol compromettent la sécurité des personnes et des biens, gênent sérieusement l’exploitation des services aériens et minent la confiance des peuples du monde dans la sécurité de l’aviation civile,

Considérant que de tels actes les préoccupent gravement,

Considérant que, dans le but de prévenir ces actes, il est urgent de prévoir des mesures appropriées en vue de la punition de leurs auteurs,

Sont convenus des dispositions suivantes :

Article premier

Commet une infraction pénale (ci-après dénommée « l’infraction ») toute personne qui, à bord d’un aéronef en vol,

(a) illicitement et par violence ou menace de violence s’empare de cet aéronef ou en exerce le contrôle ou tente de commettre l’un de ces actes, ou

(b) est le complice d’une personne qui commet ou tente de commettre l’un de ces actes.

Article 2

Tout Etat contractant s’engage à réprimer l’infraction de peines sévères.

Article 3

1. Aux fins de la présente Convention, un aéronef est considéré comme en vol depuis le moment où, l’embarquement étant terminé, toutes ses portes extérieures ont été fermées jusqu’au moment où l’une de ces portes est ouverte en vue du débarquement. En cas


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d’atterrissage forcé, le vol est censé se poursuivre jusqu’à ce que l’autorité compétente prenne en charge l’aéronef ainsi que les personnes et biens à bord.


3. La présente Convention ne s’applique que si le lieu de décollage ou le lieu d’atterrissage effectif de l’aéronef à bord duquel l’infraction est commise est situé hors du territoire de l’Etat d’immatriculation de cet aéronef, qu’il s’agisse d’un aéronef en vol international ou d’un aéronef en vol intérieur.

4. Dans les cas prévus à l’article 5, la présente convention ne s’applique pas si le lieu de décollage et le lieu d’atterrissage effectif de l’aéronef à bord duquel l’infraction est commise sont situés sur le territoire d’un seul des Etats mentionnés audit article.

5. Nonobstant les dispositions des paragraphes 3 et 4 du présent article, les articles 6, 7, 8 et 10 sont applicables, quel que soit le lieu de décollage ou le lieu d’atterrissage effectif de l’aéronef, si l’auteur ou l’auteur présumé de l’infraction est découvert sur le territoire d’un Etat autre que l’Etat d’immatriculation dudit aéronef.

Article 4

1. Tout Etat contractant prend les mesures nécessaires pour établir sa compétence aux fins de connaître de l’infraction, ainsi que de tout autre acte de violence dirigé contre les passagers ou l’équipage et commis par l’auteur présumé de l’infraction en relation directe avec celle-ci, dans les cas suivants :

(a) si elle est commise à bord d’un aéronef immatriculé dans cet Etat ;

(b) si l’aéronef à bord duquel l’infraction est commise atterrit sur son territoire avec l’auteur présumé de l’infraction se trouvant encore à bord ;

(c) si l’infraction est commise à bord d’un aéronef donné en location sans équipage à une personne qui a le siège principal de son exploitation ou, à défaut, sa résidence permanente dans ledit Etat.

2. Tout Etat contractant prend également les mesures nécessaires pour établir sa compétence aux fins de connaître de l’infraction dans le cas où l’auteur présumé de celle-ci se trouve sur son territoire et où ledit Etat ne l’extrade pas conformément à l’article 8 vers l’un des Etats visés au paragraphe 1er du présent article.


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Article 5

Les Etats contractants qui constituent pour le transport aérien des organisations d’exploitation en commun ou des organismes internationaux d’exploitation et qui exploitent des aéronefs faisant l’objet d’une immatriculation commune ou internationale désignent, pour chaque aéronef, suivant les modalités appropriées, l’Etat qui exerce la compétence et aura les attributions de l’Etat d’immatriculation aux fins de la présente Convention. Ils aviseront de cette désignation l’Organisation de l’aviation civile internationale, qui en informera tous les Etats Parties à la présente Convention.

Article 6

1. S’il estime que les circonstances le justifient, tout Etat contractant sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction assure la détention de cette personne ou prend toutes autres mesures nécessaires pour assurer sa présence. Cette détention et ces mesures doivent être conformes à la législation dudit Etat; elles ne peuvent être maintenues que pendant le délai nécessaire à l’engagement de poursuites pénales ou d’une procédure d’extradition.

2. Ledit Etat procède immédiatement à une enquête préliminaire en vue d’établir les faits.

3. Toute personne détenue en application du paragraphe 1er du présent article peut communiquer immédiatement avec le plus proche représentant qualifié de l’Etat dont elle a la nationalité; toutes facilités lui sont accordées à cette fin.

4. Lorsqu’un Etat a mis une personne en détention conformément aux dispositions du présent article, il avise immédiatement de cette détention, ainsi que des circonstances qui la justifient, l’Etat d’immatriculation de l’aéronef, l’Etat mentionné à l’article 4, paragraphe 1er, alinéa (c), l’Etat dont la personne détenue a la nationalité et, s’il le juge opportun, tous autres Etats intéressés. L’Etat qui procède à l’enquête préliminaire visée au paragraphe 2 du présent article en communique rapidement les conclusions auxdits Etats et leur indique s’il entend exercer sa compétence.

Article 7

L’Etat contractant sur le territoire duquel l’auteur présumé de l’infraction est découvert, s’il n’extrade pas ce dernier, soumet l’affaire, sans aucune exception et que l’infraction ait ou non été commise sur son territoire, à ses autorités compétentes pour l’exercice de l’action pénale. Ces autorités prennent leur décision dans les mêmes conditions que pour toute infraction de droit commun de caractère grave conformément aux lois de cet Etat.

Article 8

1. L’infraction est de plein droit comprise comme cas d’extradition dans tout traité d’extradition conclu entre Etats contractants. Les Etats contractants s’engagent à


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comprendre l’infraction comme cas d’extradition dans tout traité d’extradition à conclure entre eux.

2. Si un Etat contractant qui subordonne l’extradition à l’existence d’un traité est saisi d’une demande d’extradition par un autre Etat contractant avec lequel il n’est pas lié par un traité d’extradition, il a la latitude de considérer la présente convention comme constituant la base juridique de l’extradition en ce qui concerne l’infraction. L’extradition est subordonnée aux autres conditions prévues par le droit de l’Etat requis.

3. Les Etats contractants qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent l’infraction comme cas d’extradition entre eux dans les conditions prévues par le droit de l’Etat requis.

4. Entre Etats contractants, l’infraction est considérée aux fins d’extradition comme ayant été commise tant au lieu de sa perpétration que sur le territoire des Etats tenus d’établir leur compétence en vertu de l’article 4, paragraphe 1.

Article 9

1. Lorsque l’un des actes prévus à l’article 1er, alinéa (a), est accompli ou sur le point d’être accompli, les Etats contractants prennent toutes mesures appropriées pour restituer ou conserver le contrôle de l’aéronef au commandant légitime.

2. Dans les cas visés au paragraphe précédent, tout Etat contractant sur le territoire duquel se trouvent l’aéronef, les passagers ou l’équipage facilite aux passagers et à l’équipage la poursuite de leur voyage aussitôt que possible. Il restitue sans retard l’aéronef et sa cargaison à ceux qui ont le droit de les détenir.

Article 10

1. Les Etats contractants s’accordent l’entraide judiciaire la plus large possible dans toute procédure pénale relative à l’infraction et aux autres actes visés à l’article 4. Dans tous les cas, la loi applicable pour l’exécution d’une demande d’entraide est celle de l’Etat requis.

2. Toutefois, les dispositions du paragraphe 1er du présent article n’affectent pas les obligations découlant des dispositions de tout autre traité de caractère bilatéral ou multilatéral qui régit ou régira, en tout ou en partie, le domaine de l’entraide judiciaire en matière pénale.

Article 11

Tout Etat contractant communique aussi rapidement que possible au Conseil de l’Organisation de l’aviation civile internationale, en conformité avec les dispositions de sa législation nationale, tous renseignements utiles en sa possession relatifs :

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(a) aux circonstances de l’infraction ;

(b) aux mesures prises en application de l’article 9 ;

(c) aux mesures prises à l’égard de l’auteur ou de l’auteur présumé de l’infraction et notamment au résultat de toute procédure d’extradition ou de toute autre procédure judiciaire.

Article 12



3. Tout Etat contractant qui aura formulé une réserve conformément aux dispositions du paragraphe précédent pourra à tout moment lever cette réserve par une notification adressée aux gouvernements dépositaires.

Article 13

1. La présente Convention sera ouverte le 16 décembre 1970 à La Haye à la signature des Etats participant à la Conférence internationale de droit aérien tenue à La Haye du 1er au 16 décembre 1970 (ci-après dénommée « la Conférence de La Haye »). Après le 31 décembre 1970, elle sera ouverte à la signature de tous les Etats à Washington, à Londres et à Moscou. Tout Etat qui n’aura pas signé la Convention avant qu’elle soit entrée en vigueur conformément au paragraphe 3 du présent article pourra y adhérer à tout moment.

2. La présente Convention est soumise à la ratification des Etats signataires. Les instruments de ratification ainsi que les instruments d’adhésion seront déposés auprès des gouvernements des Etats-Unis d’Amérique, du Royaume-Uni de Grande-Bretagne et d’Irlande du Nord et de l’Union des Républiques socialistes soviétiques, qui sont désignés par les présentes comme gouvernements dépositaires.

3. La présente Convention entrera en vigueur trente jours après la date du dépôt des instruments de ratification de dix Etats signataires qui ont participé à la Conférence de La Haye.


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4. Pour les autres Etats, la présente Convention entrera en vigueur à la date de son entrée en vigueur conformément au paragraphe 3 du présent article ou trente jours après la date du dépôt de leurs instruments de ratification ou d’adhésion, si cette seconde date est postérieure à la première.

5. Les gouvernements dépositaires informeront rapidement tous les Etats qui signeront la présente Convention ou y adhéreront de la date de chaque signature, de la date du dépôt de chaque instrument de ratification ou d’adhésion, de la date d’entrée en vigueur de la présente Convention ainsi que de toutes autres communications.

6. Dès son entrée en vigueur, la présente Convention sera enregistrée par les gouvernements dépositaires conformément aux dispositions de l’article 102 de la Charte des Nations Unies et conformément aux dispositions de l’article 83 de la Convention relative à l’aviation civile internationale (Chicago, 1944).

Article 14

1. Tout Etat contractant peut dénoncer la présente Convention par voie de notification écrite adressée aux gouvernements dépositaires.

2. La dénonciation prendra effet six mois après la date à laquelle la notification aura été reçue par les gouvernements dépositaires.


Fait à La Haye, le seizième jour du mois de décembre de l’an mil neuf cent soixante-dix, en trois exemplaires originaux comprenant chacun quatre textes authentiques rédigés dans les langues française, anglaise, espagnole et russe.

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3. Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, 1971

Signée à Montréal, le 23 septembre 1971 Entrée en vigueur : le 26 janvier 1973 Nations Unies, Recueil des Traités, vol. 974, No. 14118 Dépositaire : Etats-Unis d’Amérique, Fédération de Russie et

Royaume-Uni de Grande-Bretagne et d’Irlande du Nord


Considérant que les actes illicites dirigés contre la sécurité de l’aviation civile compromettent la sécurité des personnes et des biens, gênent sérieusement l’exploitation des services aériens et minent la confiance des peuples du monde dans la sécurité de l’aviation civile,

Considérant que de tels actes les préoccupent gravement,

Considérant que, dans le but de prévenir ces actes, il est urgent de prévoir des mesures appropriées en vue de la punition de leurs auteurs,


Article premier

1. Commet une infraction pénale toute personne qui illicitement et intentionnellement :

(a) accomplit un acte de violence à l’encontre d’une personne se trouvant à bord d’un aéronef en vol, si cet acte est de nature à compromettre la sécurité de cet aéronef ;

(b) détruit un aéronef en service ou cause à un tel aéronef des dommages qui le rendent inapte au vol ou qui sont de nature à compromettre sa sécurité en vol ;

(c) place ou fait placer sur un aéronef en service, par quelque moyen que ce soit, un dispositif ou des substances propres à détruire ledit aéronef ou à lui causer des dommages qui le rendent inapte au vol ou qui sont de nature à compromettre sa sécurité en vol ;

(d) détruit ou endommage des installations ou services de navigation aérienne ou en perturbe le fonctionnement, si l’un de ces actes est de nature à compromettre la sécurité d’aéronefs en vol ;

(e) communique une information qu’elle sait être fausse et, de ce fait, compromet la sécurité d’un aéronef en vol.


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2. Commet également une infraction pénale toute personne qui :

(a) tente de commettre l’une des infractions énumérées au paragraphe 1er du présent article;

(b) est le complice de la personne qui commet ou tente de commettre l’une de ces infractions.

Article 2

Aux fins de la présente Convention :

(a) un aéronef est considéré comme étant en vol depuis le moment où, l’embarquement étant terminé, toutes ses portes extérieures ont été fermées jusqu’au moment où l’une de ces portes est ouverte en vue du débarquement; en cas d’atterrissage forcé, le vol est censé se poursuivre jusqu’à ce que l’autorité compétente prenne en charge l’aéronef ainsi que les personnes et biens à bord ;

(b) un aéronef est considéré comme étant en service depuis le moment où le personnel au sol ou l’équipage commence à le préparer en vue d’un vol déterminé jusqu’à l’expiration d’un délai de vingt-quatre heures suivant tout atterrissage; la période de service s’étend en tout Etat de cause à la totalité du temps pendant lequel l’aéronef se trouve en vol au sens de l’alinéa (a) du présent paragraphe.

Article 3

Tout Etat contractant s’engage à réprimer de peines sévères les infractions énumérées à l’article 1er.

Article 4


2. Dans les cas visés aux alinéas (a), (b), (c) et (e) du paragraphe 1er de l’article 1er, la présente Convention, qu’il s’agisse d’un aéronef en vol international ou d’un aéronef en vol intérieur, ne s’applique que :

(a) si le lieu réel ou prévu du décollage ou de l’atterrissage de l’aéronef est situé hors du territoire de l’Etat d’immatriculation de cet aéronef; ou

(b) si l’infraction est commise sur le territoire d’un Etat autre que l’Etat d’immatriculation de l’aéronef.

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3. Nonobstant les dispositions du paragraphe 2 du présent article, dans les cas visés aux alinéas (a), (b), (c) et (e) du paragraphe 1er de l’article 1er, la présente Convention s’applique également si l’auteur ou l’auteur présumé de l’infraction est découvert sur le territoire d’un Etat autre que l’Etat d’immatriculation de l’aéronef.

4. En ce qui concerne les Etats visés à l’article 9 et dans les cas prévus aux alinéas (a), (b), (c) et (e) du paragraphe 1er de l’article 1er, la présente Convention ne s’applique pas si les lieux mentionnés à l’alinéa (a) du paragraphe 2 du présent article sont situés sur le territoire d’un seul des Etats visés à l’article 9, à moins que l’infraction ne soit commise ou que l’auteur ou l’auteur présumé de l’infraction ne soit découvert sur le territoire d’un autre Etat.

5. Dans les cas visés à l’alinéa (d) du paragraphe 1er de l’article 1er, la présente Convention ne s’applique que si les installations et services de navigation aérienne sont utilisés pour la navigation aérienne internationale.

6. Les dispositions des paragraphes 2, 3, 4 et 5 du présent article s’appliquent également dans les cas prévus au paragraphe 2 de l’article 1er.

Article 5

1. Tout Etat contractant prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions dans les cas suivants :

(a) si l’infraction est commise sur le territoire de cet Etat ;

(b) si l’infraction est commise à l’encontre ou à bord d’un aéronef immatriculé dans cet Etat ;

(c) si l’aéronef à bord duquel l’infraction est commise atterrit sur son territoire avec l’auteur présumé de l’infraction se trouvant encore à bord ;

(d) si l’infraction est commise à l’encontre ou à bord d’un aéronef donné en location sans équipage à une personne qui a le siège principal de son exploitation ou, à défaut, sa résidence permanente dans ledit Etat.

2. Tout Etat contractant prend également les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues aux alinéas (a), (b) et (c) du paragraphe 1er de l’article 1er, ainsi qu’au paragraphe 2 du même article, pour autant que ce dernier paragraphe concerne lesdites infractions, dans le cas où l’auteur présumé de l’une d’elles se trouve sur son territoire et où ledit Etat ne l’extrade pas conformément à l’article 8 vers l’un des Etats visés au paragraphe 1er du présent article.



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Article 6

1. S’il estime que les circonstances le justifient, tout Etat contractant sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction assure la détention de cette personne ou prend toutes autres mesures nécessaires pour assurer sa présence. Cette détention et ces mesures doivent être conformes à la législation dudit Etat; elles ne peuvent être maintenues que pendant le délai nécessaire à l’engagement de poursuites pénales ou d’une procédure d’extradition.

2. Ledit Etat procède immédiatement à une enquête préliminaire en vue d’établir les faits.

3. Toute personne détenue en application du paragraphe 1er du présent article peut communiquer immédiatement avec le plus proche représentant qualifié de l’Etat dont elle a la nationalité; toutes facilités lui sont accordées à cette fin.

4. Lorsqu’un Etat a mis une personne en détention conformément aux dispositions du présent article, il avise immédiatement de cette détention, ainsi que des circonstances qui la justifient, les Etats mentionnés au paragraphe 1er de l’article 5, l’Etat dont la personne détenue a la nationalité et, s’il le juge opportun, tous autres Etats intéressés. L’Etat qui procède à l’enquête préliminaire visée au paragraphe 2 du présent article en communique rapidement les conclusions auxdits Etats et leur indique s’il entend exercer sa compétence.

Article 7

L’Etat contractant sur le territoire duquel l’auteur présumé de l’une des infractions est découvert, s’il n’extrade pas ce dernier, soumet l’affaire, sans aucune exception et que l’infraction ait ou non été commise sur son territoire, à ses autorités compétentes pour l’exercice de l’action pénale. Ces autorités prennent leur décision dans les mêmes conditions que pour toute infraction de droit commun de caractère grave conformément aux lois de cet Etat.

Article 8

1. Les infractions sont de plein droit comprises comme cas d’extradition dans tout traité d’extradition conclu entre Etats contractants. Les Etats contractants s’engagent à comprendre les infractions comme cas d’extradition dans tout traité d’extradition à conclure entre eux.

2. Si un Etat contractant qui subordonne l’extradition à l’existence d’un traité est saisi d’une demande d’extradition par un autre Etat contractant avec lequel il n’est pas lié par un traité d’extradition, il a la latitude de considérer la présente Convention comme constituant la base juridique de l’extradition en ce qui concerne les infractions. L’extradition est subordonnée aux autres conditions prévues par le droit de l’Etat requis.

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3. Les Etats contractants qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent les infractions comme cas d’extradition entre eux dans les conditions prévues par le droit de l’Etat requis.

4. Entre Etats contractants, les infractions sont considérées aux fins d’extradition comme ayant été commises tant au lieu de leur perpétration que sur le territoire des Etats tenus d’établir leur compétence en vertu des alinéas (b), (c) et (d) du paragraphe 1er de l’article 5.

Article 9

Les Etats contractants qui constituent pour le transport aérien des organisations d’exploitation en commun ou des organismes internationaux d’exploitation qui exploitent des aéronefs faisant l’objet d’une immatriculation commune ou internationale désignent, pour chaque aéronef, suivant les modalités appropriées, l’Etat qui exerce la compétence et aura les attributions de l’Etat d’immatriculation aux fins de la présente Convention. Ils aviseront de cette désignation l’Organisation de l’aviation civile internationale, qui en informera tous les Etats Parties à la présente Convention.

Article 10

1. Les Etats contractants s’engagent, conformément au droit international et national, à s’efforcer de prendre les mesures raisonnables en vue de prévenir les infractions visées à l’article 1er.

2. Lorsque le vol d’un aéronef a été retardé ou interrompu du fait de la perpétration de l’une des infractions prévues à l’article 1er, tout Etat contractant sur le territoire duquel se trouvent l’aéronef, les passagers ou l’équipage facilite aux passagers et à l’équipage la poursuite de leur voyage aussitôt que possible. Il restitue sans retard l’aéronef et sa cargaison à ceux qui ont le droit de les détenir.

Article 11

1. Les Etats contractants s’accordent l’entraide judiciaire la plus large possible dans toute procédure pénale relative aux infractions. Dans tous les cas, la loi applicable pour l’exécution d’une demande d’entraide est celle de l’Etat requis.

2. Toutefois, les dispositions du paragraphe 1er du présent article n’affectent pas les obligations découlant des dispositions de tout autre traité de caractère bilatéral ou multilatéral qui régit ou régira, en tout ou en partie, le domaine de l’entraide judiciaire en matière pénale.

Article 12

Tout Etat contractant qui a lieu de croire que l’une des infractions prévues à l’article 1er sera commise fournit, en conformité avec les dispositions de sa législation nationale, tous


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renseignements utiles en sa possession aux Etats qui à son avis seraient les Etats visés au paragraphe 1er de l’article 5.

Article 13

Tout Etat contractant communique aussi rapidement que possible au Conseil de l’Organisation de l’aviation civile internationale, en conformité avec les dispositions de sa législation nationale, tous renseignements utiles en sa possession relatifs :


(b) aux mesures prises en application du paragraphe 2 de l’article 10 ;

(c) aux mesures prises à l’égard de l’auteur ou de l’auteur présumé de l’infraction et notamment au résultat de toute procédure d’extradition ou de toute autre procédure judiciaire.

Article 14



3. Tout Etat contractant qui aura formulé une réserve conformément aux dispositions du paragraphe précédent pourra à tout moment lever cette réserve par une notification adressée aux gouvernements dépositaires.

Article 15

1. La présente Convention sera ouverte le 23 septembre 1971 à Montréal à la signature des Etats participant à la Conférence internationale de droit aérien tenue à Montréal du 8 au 23 septembre 1971 (ci-après dénommée « la Conférence de Montréal »). Après le 10 octobre 1971, elle sera ouverte à la signature de tous les Etats à Washington, à Londres et à Moscou. Tout Etat qui n’aura pas signé la Convention avant qu’elle soit entrée en vigueur conformément au paragraphe 3 du présent article pourra y adhérer à tout moment.

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2. La présente Convention est soumise à la ratification des Etats signataires. Les instruments de ratification ainsi que les instruments d’adhésion seront déposés auprès des gouvernements des Etats-Unis d’Amérique, du Royaume-Uni de Grande Bretagne et d’Irlande du Nord, et de l’Union des Républiques socialistes soviétiques, qui sont désignés par les présentes comme gouvernements dépositaires.

3. La présente Convention entrera en vigueur trente jours après la date du dépôt des instruments de ratification de dix Etats signataires qui ont participé à la Conférence de Montréal.

4. Pour les autres Etats, la présente Convention entrera en vigueur à la date de son entrée en vigueur conformément au paragraphe 3 du présent article ou trente jours après la date du dépôt de leurs instruments de ratification ou d’adhésion, si cette seconde date est postérieure à la première.

5. Les gouvernements dépositaires informeront rapidement tous les Etats qui signeront la présente Convention ou y adhéreront de la date de chaque signature, de la date du dépôt de chaque instrument de ratification ou d’adhésion, de la date d’entrée en vigueur de la présente Convention ainsi que de toutes autres communications.

6. Dès son entrée en vigueur, la présente Convention sera enregistrée par les gouvernements dépositaires conformément aux dispositions de l’article 102 de la Charte des Nations Unies et conformément aux dispositions de l’article 83 de la Convention relative à l’aviation civile internationale (Chicago, 1944).

Article 16

1. Tout Etat contractant peut dénoncer la présente Convention par voie de notification écrite adressée aux gouvernements dépositaires.

2. La dénonciation prendra effet six mois après la date à laquelle la notification aura été reçue par les gouvernements dépositaires.


Fait à Montréal, le vingt-troisième jour du mois de septembre de l’an mil neuf cent soixante et onze, en trois exemplaires originaux comprenant chacun quatre textes authentiques rédigés dans les langues française, anglaise, espagnole et russe.


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4. Convention sur la prévention et la répression des infractions contre les personnes jouissant d’une protection internationale, y compris les agents diplomatiques, 1973

Adoptée par l’Assemblée générale des Nations Unies le 14 décembre 1973 Entrée en vigueur : le 20 février 1977 Nations Unies, Recueil des Traités, vol 1035, No. 15410 Dépositaire : Secrétaire général des Nations Unies


Ayant présents à l’esprit les buts et principes de la Charte des Nations Unies concernant le maintien de la paix internationale et la promotion des relations amicales et de la coopération entre les Etats,

Considérant que les infractions commises contre les agents diplomatiques et autres personnes jouissant d’une protection internationale, en compromettant la sécurité de ces personnes, créent une menace sérieuse au maintien des relations internationales normales qui sont nécessaires pour la coopération entre les Etats,

Estimant que la perpétration de ces infractions est un motif de grave inquiétude pour la communauté internationale,

Convaincus de la nécessité d’adopter d’urgence des mesures appropriées et efficaces pour la prévention et la répression de ces infractions,

Sont convenus de ce qui suit :

Article premier


1. l’expression « personne jouissant d’une protection internationale » s’entend :

(a) de tout chef d’Etat, y compris chaque membre d’un organe collégial remplissant en vertu de la constitution de l’Etat considéré les fonctions de chef d’Etat; de tout chef de gouvernement ou de tout ministre des affaires étrangères, lorsqu’une telle personne se trouve dans un Etat étranger, ainsi que des membres de sa famille qui l’accompagnent ;

(b) de tout représentant, fonctionnaire ou personnalité officielle d’un Etat et de tout fonctionnaire, personnalité officielle ou autre agent d’une organisation intergouvernementale, qui, à la date et au lieu où une infraction est commise contre sa personne, ses locaux officiels, son domicile privé ou ses moyens de transport, a droit conformément au droit international à une protection spéciale contre toute atteinte à sa

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personne, sa liberté ou sa dignité, ainsi que des membres de sa famille qui font partie de son ménage ;

2. l’expression « auteur présumé de l’infraction » s’entend de toute personne contre qui il y a des éléments de preuve suffisants pour établir de prime abord qu’elle a commis une ou plusieurs des infractions prévues à l’article 2 ou qu’elle y a participé.

Article 2

1. Le fait intentionnel :

(a) de commettre un meurtre, un enlèvement ou une autre attaque contre la personne ou la liberté d’une personne jouissant d’une protection internationale,

(b) de commettre, en recourant à la violence, contre les locaux officiels, le logement privé ou les moyens de transport d’une personne jouissant d’une protection internationale une attaque de nature à mettre sa personne ou sa liberté en danger,

(c) de menacer de commettre une telle attaque,

(d) de tenter de commettre une telle attaque, ou

(e) de participer en tant que complice à une telle attaque est considéré par tout Etat partie comme constituant une infraction au regard de sa législation interne.

2. Tout Etat partie rend ces infractions passibles de peines appropriées qui prennent en considération leur gravité.

3. Les paragraphes 1 et 2 du présent article ne portent en rien atteinte aux obligations qui, en vertu du droit international, incombent aux Etats parties de prendre toutes mesures appropriées pour prévenir d’autres atteintes à la personne, la liberté ou la dignité d’une personne jouissant d’une protection internationale.

Article 3

1. Tout Etat partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues à l’article 2 dans les cas ci-après :

(a) lorsque l’infraction est commise sur le territoire dudit Etat ou à bord d’un navire ou d’un aéronef immatriculé dans ledit Etat ;

(b) lorsque l’auteur présumé de l’infraction a la nationalité dudit Etat ;


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(c) lorsque l’infraction est commise contre une personne jouissant d’une protection internationale au sens de l’article premier, qui jouit de ce statut en vertu même des fonctions qu’elle exerce au nom dudit Etat.

2. Tout Etat partie prend également les mesures nécessaires pour établir sa compétence aux fins de connaître de ces infractions dans le cas où l’auteur présumé de l’infraction se trouve sur son territoire et où il ne l’extrade pas, conformément à l’article 8, vers l’un quelconque des Etats visés au paragraphe 1 du présent article.

3. La présente Convention n’exclut pas une compétence pénale exercée en vertu de la législation interne.

Article 4

Les Etats parties collaborent à la prévention des infractions prévues à l’article 2, notamment :

(a) en prenant toutes les mesures possibles afin de prévenir la préparation, sur leurs territoires respectifs, de ces infractions destinées à être commises à l’intérieur ou en dehors de leur territoire ;

(b) en échangeant des renseignements et en coordonnant les mesures administratives et autres à prendre, le cas échéant, afin de prévenir la perpétration de ces infractions.

Article 5

1. L’Etat partie sur le territoire duquel ont été commises une ou plusieurs des infractions prévues à l’article 2, s’il a des raisons de croire qu’un auteur présumé de l’infraction s’est enfui de son territoire, communique à tous les autres Etats intéressés directement ou par l’entremise du Secrétaire général de l’Organisation des Nations Unies tous les faits pertinents concernant l’infraction commise et tous les renseignements dont il dispose touchant l’identité de l’auteur présumé de l’infraction.

2. Lorsqu’une ou plusieurs des infractions prévues à l’article 2 ont été commises contre une personne jouissant d’une protection internationale, tout Etat partie qui dispose de renseignements concernant tant la victime que les circonstances de l’infraction s’efforce de les communiquer, dans les conditions prévues par sa législation interne, en temps utile et sous forme complète, à l’Etat partie au nom duquel ladite personne exerçait ses fonctions.

Article 6

1. S’il estime que les circonstances le justifient, l’Etat partie sur le territoire duquel se trouve l’auteur présumé de l’infraction prend les mesures appropriées conformément à sa législation interne pour assurer la présence dudit auteur présumé de l’infraction aux fins de

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la poursuite ou de l’extradition. Ces mesures sont notifiées sans retard directement ou par l’entremise du Secrétaire général de l’Organisation des Nations Unies :

(a) à l’Etat où l’infraction a été commise ;

(b) à l’Etat ou aux Etats dont l’auteur présumé de l’infraction a la nationalité ou, si celui-ci est apatride, à l’Etat sur le territoire duquel il réside en permanence ;

(c) à l’Etat ou aux Etats dont la personne jouissant d’une protection internationale a la nationalité ou au nom duquel ou desquels elle exerçait ses fonctions ;

(d) à tous les autres Etats intéressés ; et

(e) à l’organisation intergouvernementale dont la personne jouissant d’une protection internationale est un fonctionnaire, une personnalité officielle ou un agent.

2. Toute personne à l’égard de laquelle sont prises les mesures visées au paragraphe 1 du présent article est en droit :

(a) de communiquer sans retard avec le représentant compétent le plus proche de l’Etat dont elle a la nationalité ou qui est autrement habilité à protéger ses droits ou, s’il s’agit d’une personne apatride, qui est disposé, sur sa demande, à protéger ses droits ; et

(b) de recevoir la visite d’un représentant de cet Etat.

Article 7

L’Etat partie sur le territoire duquel se trouve l’auteur présumé de l’infraction, s’il n’extrade pas ce dernier, soumet l’affaire, sans aucune exception et sans retard injustifié, à ses autorités compétentes pour l’exercice de l’action pénale, selon une procédure conforme à la législation de cet Etat.

Article 8

1. Pour autant que les infractions prévues à l’article 2 ne figurent pas sur la liste de cas d’extradition dans un traité d’extradition en vigueur entre les Etats parties, elles sont considérées comme y étant comprises. Les Etats parties s’engagent à comprendre ces infractions comme cas d’extradition dans tout traité d’extradition à conclure entre eux.

2. Si un Etat partie, qui subordonne l’extradition à l’existence d’un traité, est saisi d’une demande d’extradition par un autre Etat partie avec lequel il n’est pas lié par un traité d’extradition, il peut, s’il décide d’extrader, considérer la présente Convention comme constituant la base juridique de l’extradition à l’égard de ces infractions. L’extradition est soumise aux règles de procédure et aux autres conditions prévues par le droit de l’Etat requis.


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3. Les Etats parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissant ces infractions comme constituant entre eux des cas d’extradition soumis aux règles de procédure et aux autres conditions prévues par le droit de l’Etat requis.

4. Entre Etats parties, ces infractions sont considérées aux fins d’extradition comme ayant été commises tant au lieu de leur perpétration que sur le territoire des Etats tenus d’établir leur compétence en vertu du paragraphe 1 de l’article 3.

Article 9

Toute personne contre laquelle une procédure est engagée en raison d’une des infractions prévues à l’article 2 jouit de la garantie d’un traitement équitable à tous les stades de la procédure.

Article 10

1. Les Etats parties s’accordent l’entraide judiciaire la plus large possible dans toute procédure pénale relative aux infractions prévues à l’article 2, y compris en ce qui concerne la communication de tous les éléments de preuve dont ils disposent et qui sont nécessaires aux fins de la procédure.

2. Les dispositions du paragraphe 1 du présent article n’affectent pas les obligations relatives à l’entraide judiciaire stipulées dans tout autre traité.

Article 11

L’Etat partie dans lequel une action pénale a été engagée contre l’auteur présumé de l’infraction en communique le résultat définitif au Secrétaire général de l’Organisation des Nations Unies, qui en informe les autres Etats parties.

Article 12

Les dispositions de la présente Convention n’affecteront pas l’application des traités sur l’asile, en vigueur à la date d’adoption de ladite Convention, en ce qui concerne les Etats qui sont parties à ces traités; mais un Etat partie à la présente Convention ne pourra invoquer ces traités à l’égard d’un autre Etat partie à la présente Convention qui n’est pas partie à ces traités.

Article 13

1. Tout différend entre deux ou plusieurs Etats parties concernant l’interprétation ou l’application de la présente Convention qui n’est pas réglé par voie de négociation est soumis à l’arbitrage, à la demande de l’un d’entre eux. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les parties ne parviennent pas à se mettre d’accord sur l’organisation

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de l’arbitrage, l’une quelconque d’entre elles peut soumettre le différend à la Cour internationale de Justice, en déposant une requête conformément au Statut de la Cour.

2. Tout Etat partie pourra, au moment où il signera la présente Convention, la ratifiera ou y adhérera, déclarer qu’il ne se considère pas lié par les dispositions du paragraphe 1 du présent article. Les autres Etats parties ne seront pas liés par lesdites dispositions envers un Etat partie qui aura formulé une telle réserve.

3. Tout Etat partie qui aura formulé une réserve conformément aux dispositions du paragraphe 2 du présent article pourra à tout moment lever cette réserve par une notification adressée au Secrétaire général de l’Organisation des Nations Unies.

Article 14

La présente Convention sera ouverte à la signature à tous les Etats, jusqu’au 31 décembre 1974, au Siège de l’Organisation des Nations Unies, à New York.

Article 15

La présente Convention sera ratifiée. Les instruments de ratification seront déposés auprès du Secrétaire général de l’Organisation des Nations Unies.

Article 16

La présente Convention restera ouverte à l’adhésion de tout Etat. Les instruments d’adhésion seront déposés auprès du Secrétaire général de l’Organisation des Nations Unies.

Article 17

1. La présente Convention entrera en vigueur le trentième jour qui suivra la date de dépôt auprès du Secrétaire général de l’Organisation des Nations Unies du vingt-deuxième instrument de ratification ou d’adhésion.

2. Pour chacun des Etats qui ratifieront la Convention ou y adhéreront après le dépôt du vingt-deuxième instrument de ratification ou d’adhésion, la Convention entrera en vigueur le trentième jour après le dépôt par cet Etat de son instrument de ratification ou d’adhésion.

Article 18

Tout Etat partie peut dénoncer la présente Convention par voie de notification écrite adressée au Secrétaire général de l’Organisation des Nations Unies.

La dénonciation prendra effet six mois après la date à laquelle la notification aura été reçue par le Secrétaire général de l’Organisation des Nations Unies.


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Article 19

Le Secrétaire général de l’Organisation des Nations Unies notifie à tous les Etats, entre autres :

(a) les signatures apposées à la présente Convention et le dépôt des instruments de ratification ou d’adhésion conformément aux articles 14, 15 et 16, ainsi que les notifications faites en vertu de l’article 18.

(b) la date à laquelle la présente Convention entrera en vigueur, conformément à l’article 17.

Article 20

L’original de la présente Convention, dont les textes anglais, chinois, espagnol, français et russe font également foi, sera déposé auprès du Secrétaire général de l’Organisation des Nations Unies, qui en fera tenir copie certifiée conforme à tous les Etats.

En foi de quoi les soussignés, dûment autorisés par leurs gouvernements respectifs, ont signé la présente Convention ouverte à la signature à New York le 14 décembre 1973.

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5. Convention internationale contre la prise d’otages, 1979

Adoptée par l’Assemblée générale des Nations unies le 17 décembre 1979 Entrée en vigueur : le 3 juin 1983 Nations Unies, Recueil des Traités, vol. 1316, No. 21931 Dépositaire : Secrétaire général des Nations Unies


Ayant présents à l’esprit les buts et principes de la Charte des Nations Unies concernant le maintien de la paix et de la sécurité internationales et le développement des relations amicales et de la coopération entre les Etats,

Reconnaissant en particulier que chacun a droit à la vie, à la liberté et à la sécurité de sa personne ainsi qu’il est prévu dans la Déclaration universelle des droits de l’homme et dans le Pacte international relatif aux droits civils et politiques,

Réaffirmant le principe de l’égalité de droits des peuples et de leur droit à disposer d’eux-mêmes consacré dans la Charte des Nations Unies et dans la Déclaration relative aux principes du droit international touchant les relations amicales et la coopération entre les Etats conformément à la Charte des Nations Unies, ainsi que dans les autres résolutions pertinentes de l’Assemblée générale,

Considérant que la prise d’otages est un délit qui préoccupe gravement la communauté internationale et que, conformément aux dispositions de la présente Convention, quiconque commet un acte de prise d’otages doit être poursuivi ou extradé,

Convaincus de la nécessité urgente de développer une coopération internationale entre les Etats en ce qui concerne l’élaboration et l’adoption de mesures efficaces destinées à prévenir, réprimer et punir tous les actes de prise d’otages en tant que manifestations du terrorisme international,


Article premier

1. Commet l’infraction de prise d’otages au sens de la présente Convention, quiconque s’empare d’une personne (ci-après dénommée « otage »), ou la détient et menace de la tuer, de la blesser ou de continuer à la détenir afin de contraindre une tierce partie, à savoir un Etat, une organisation internationale intergouvernementale, une personne physique ou morale ou un groupe de personnes, à accomplir un acte quelconque ou à s’en abstenir en tant que condition explicite ou implicite de la libération de l’otage.


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2. Commet également une infraction aux fins de la présente Convention, quiconque :

(a) tente de commettre un acte de prise d’otages ou

(b) se rend complice d’une personne qui commet ou tente de commettre un acte de prise d’otages.

Article 2

Tout Etat partie réprime les infractions prévues à l’article premier de peines appropriées qui prennent en considération la nature grave de ces infractions.

Article 3

1. L’Etat partie sur le territoire duquel l’otage est détenu par l’auteur de l’infraction prend toutes mesures qu’il juge appropriées pour améliorer le sort de l’otage, notamment pour assurer sa libération et, au besoin, faciliter son départ après sa libération.

2. Si un objet obtenu par l’auteur de l’infraction du fait de la prise d’otages vient à être détenu par un Etat partie, ce dernier le restitue dès que possible à l’otage ou à la tierce partie visée à l’article premier, selon le cas, ou à leurs autorités appropriées.

Article 4

Les Etats parties collaborent à la prévention des infractions prévues à l’article premier, notamment :

(a) en prenant toutes les mesures possibles afin de prévenir la préparation, sur leurs territoires respectifs, de ces infractions destinées à être commises à l’intérieur ou en dehors de leur territoire, y compris des mesures tendant à interdire sur leur territoire les activités illégales des individus, des groupes et des organisations qui encouragent, fomentent, organisent ou commettent des actes de prise d’otages ;

(b) en échangeant des renseignements et en coordonnant les mesures administratives et autres à prendre, le cas échéant, afin de prévenir la perpétration de ces infractions.

Article 5

1. Tout Etat partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues à l’article premier, qui sont commises :

(a) sur son territoire ou à bord d’un navire ou d’un aéronef immatriculé dans ledit Etat ;

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(b) par l’un quelconque de ses ressortissants, ou, si cet Etat le juge approprié, par les apatrides qui ont leur résidence habituelle sur son territoire ;

(c) pour le contraindre à accomplir un acte quelconque ou à s’en abstenir ; ou

(d) à l’encontre d’un otage qui est ressortissant de cet Etat lorsque ce dernier le juge approprié.

2. De même, tout Etat partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues à l’article premier dans le cas où l’auteur présumé de l’infraction se trouve sur son territoire et où l’Etat ne l’extrade pas vers l’un quelconque des Etats visés au paragraphe 1 du présent article.

3. La présente Convention n’exclut pas une compétence pénale exercée en vertu de la législation interne.

Article 6

1. S’il estime que les circonstances le justifient, tout Etat partie sur le territoire duquel se trouve l’auteur présumé de l’infraction assure, conformément à sa législation, la détention de cette personne ou prend toutes autres mesures nécessaires pour s’assurer de sa personne, pendant le délai nécessaire à l’engagement de poursuites pénales ou d’une procédure d’extradition. Cet Etat partie devra procéder immédiatement à une enquête préliminaire en vue d’établir les faits.

2. La détention ou les autres mesures visées au paragraphe 1 du présent article sont notifiées sans retard directement ou par l’entremise du Secrétaire général de l’Organisation des Nations Unies :

(a) à l’Etat où l’infraction a été commise ;

(b) à l’Etat qui a fait l’objet de la contrainte ou de la tentative de contrainte ;

(c) à l’Etat dont la personne physique ou morale qui a fait l’objet de la contrainte ou de la tentative de contrainte a la nationalité ;

(d) à l’Etat dont l’otage a la nationalité ou sur le territoire duquel il a sa résidence habituelle ;

(e) à l’Etat dont l’auteur présumé de l’infraction a la nationalité ou, si celui-ci est apatride, à l’Etat sur le territoire duquel il a sa résidence habituelle ;

(f) à l’organisation internationale intergouvernementale qui a fait l’objet de la contrainte ou de la tentative de contrainte;


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(g) à tous les autres Etats intéressés.


(a) de communiquer sans retard avec le représentant compétent le plus proche de l’Etat dont elle a la nationalité ou qui est autrement habilité à établir cette communication ou, s’il s’agit d’une personne apatride, de l’Etat sur le territoire duquel elle a sa résidence habituelle ;


4. Les droits visés au paragraphe 3 du présent article doivent s’exercer dans le cadre des lois et règlements de l’Etat sur le territoire duquel se trouve l’auteur présumé de l’infraction, étant entendu toutefois que ces lois et règlements doivent permettre la pleine réalisation des fins pour lesquelles les droits sont accordés en vertu du paragraphe 3 du présent article.

5. Les dispositions des paragraphes 3 et 4 du présent article sont sans préjudice du droit de tout Etat partie, ayant établi sa compétence conformément au paragraphe 1b) de l’article 5, d’inviter le Comité international de la Croix-Rouge à communiquer avec l’auteur présumé de l’infraction et à lui rendre visite.

6. L’Etat qui procède à l’enquête préliminaire visée au paragraphe 1 du présent article en communique rapidement les conclusions aux Etats ou à l’organisation mentionnée au paragraphe 2 du présent article et leur indique s’il entend exercer sa compétence.

Article 7

L’Etat partie dans lequel une action pénale a été engagée contre l’auteur présumé de l’infraction en communique conformément à ses lois le résultat définitif au Secrétaire général de l’Organisation des Nations Unies, qui en informe les autres Etats intéressés et les organisations internationales intergouvernementales intéressées.

Article 8

1. L’Etat partie sur le territoire duquel l’auteur présumé de l’infraction est découvert, s’il n’extrade pas ce dernier, soumet l’affaire, sans aucune exception, et que l’infraction ait été ou non commise sur son territoire, à ses autorités compétentes pour l’exercice de l’action pénale selon une procédure conforme à la législation de cet Etat. Ces autorités prennent leur décision dans les mêmes conditions que pour toute infraction de droit commun de nature grave conformément aux lois de cet Etat.

2. Toute personne contre laquelle une procédure est engagée en raison d’une des infractions prévues à l’article premier jouit de la garantie d’un traitement équitable à tous les

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stades de la procédure, y compris la jouissance de tous les droits et garanties prévus par la loi de l’Etat sur le territoire duquel elle se trouve.

Article 9

1. Il ne sera pas fait droit à une demande d’extradition soumise en vertu de la présente Convention au sujet d’un auteur présumé de l’infraction si l’Etat partie requis a des raisons substantielles de croire :

(a) que la demande d’extradition relative à une infraction prévue à l’article premier a été présentée aux fins de poursuivre ou de punir une personne en considération de sa race, de sa religion, de sa nationalité, de son origine ethnique ou de ses opinions politiques ; ou

(b) que la position de cette personne risque de subir un préjudice: i) Pour l’une quelconque des raisons visées à l’alinéa a) du présent paragraphe, ou ii) Pour la raison que les autorités compétentes de l’Etat ayant qualité pour exercer les droits de protection ne peuvent communiquer avec elle.

2. Relativement aux infractions définies dans la présente Convention, les dispositions de tous les traités et arrangements d’extradition applicables entre Etats parties sont modifiées entre ces Etats parties dans la mesure où elles sont incompatibles avec la présente Convention.

Article 10

1. Les infractions prévues à l’article premier sont de plein droit comprises comme cas d’extradition dans tout traité d’extradition conclu entre Etats parties. Les Etats parties s’engagent à comprendre ces infractions comme cas d’extradition dans tout traité d’extradition à conclure entre eux.

2. Si un Etat partie qui subordonne l’extradition à l’existence d’un traité est saisi d’une demande d’extradition par un autre Etat partie avec lequel il n’est pas lié par un traité d’extradition, l’Etat requis a la latitude de considérer la présente Convention comme constituant la base juridique de l’extradition en ce qui concerne les infractions prévues à l’article premier. L’extradition est subordonnée aux autres conditions prévues par le droit de l’Etat requis.

3. Les Etats parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent les infractions prévues à l’article premier comme cas d’extradition entre eux dans les conditions prévues par le droit de l’Etat requis.

4. Entre Etats parties, les infractions prévues à l’article premier sont considérées aux fins d’extradition comme ayant été commises tant au lieu de leur perpétration que sur le territoire des Etats tenus d’établir leur compétence en vertu du paragraphe 1 de l’article 5.


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Article 11

1. Les Etats parties s’accordent l’entraide judiciaire la plus large possible dans toute procédure pénale relative aux infractions prévues à l’article premier, y compris en ce qui concerne la communication de tous les éléments de preuve dont ils disposent et qui sont nécessaires aux fins de la procédure.

2. Les dispositions du paragraphe 1 du présent article n’affectent pas les obligations relatives à l’entraide judiciaire stipulées dans tout autre traité.

Article 12

Dans la mesure où les Conventions de Genève de 1949 pour la protection des victimes de la guerre ou les Protocoles additionnels à ces conventions sont applicables à un acte de prise d’otages particulier, et dans la mesure où les Etats parties à la présente Convention sont tenus, en vertu desdites conventions, de poursuivre ou de livrer l’auteur de la prise d’otages, la présente Convention ne s’applique pas à un acte de prise d’otages commis au cours de conflits armés au sens des Conventions de Genève de 1949 et des Protocoles y relatifs, y compris les conflits armés visés au paragraphe 4 de l’article premier du Protocole additionnel I de 1977, dans lesquels les peuples luttent contre la domination coloniale et l’occupation étrangère et contre les régimes racistes, dans l’exercice du droit des peuples à disposer d’eux-mêmes, consacré dans la Charte des Nations Unies et dans la Déclaration relative aux principes du droit international touchant les relations amicales et la coopération entre les Etats conformément à la Charte des Nations Unies.

Article 13

La présente Convention n’est pas applicable lorsque l’infraction est commise sur le territoire d’un seul Etat, que l’otage et l’auteur présumé de l’infraction ont la nationalité de cet Etat et que l’auteur présumé de l’infraction est découvert sur le territoire de cet Etat.

Article 14

Rien dans la présente Convention ne peut être interprété comme justifiant la violation de l’intégrité territoriale ou de l’indépendance politique d’un Etat en contravention de la Charte des Nations Unies.

Article 15

Les dispositions de la présente Convention n’affecteront pas l’application des traités sur l’asile, en vigueur à la date d’adoption de ladite Convention, en ce qui concerne les Etats qui sont parties à ces traités; mais un Etat partie à la présente Convention ne pourra invoquer ces traités à l’égard d’un autre Etat partie à la présente Convention qui n’est pas partie à ces traités.

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Article 16

1. Tout différend entre deux ou plusieurs Etats parties concernant l’interprétation ou l’application de la présente Convention qui n’est pas réglé par voie de négociation est soumis à l’arbitrage, à la demande de l’un d’entre eux. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les parties ne parviennent pas à se mettre d’accord sur l’organisation de l’arbitrage, l’une quelconque d’entre elles peut soumettre le différend à la Cour internationale de Justice, en déposant une requête conformément au Statut de la Cour.

2. Tout Etat pourra, au moment où il signera la présente Convention, la ratifiera ou y adhérera, déclarer qu’il ne se considère pas lié par les dispositions du paragraphe 1 du présent article. Les autres Etats parties ne seront pas liés par lesdites dispositions envers un Etat partie qui aura formulé une telle réserve.

3. Tout Etat partie qui aura formulé une réserve conformément aux dispositions du paragraphe 2 du présent article pourra à tout moment lever cette réserve par une notification adressée au Secrétaire général de l’Organisation des Nations Unies.

Article 17

1. La présente Convention est ouverte à la signature de tous les Etats, jusqu’au 31 décembre 1980, au Siège de l’Organisation des Nations Unies, à New York.

2. La présente Convention sera ratifiée. Les instruments de ratification seront déposés auprès du Secrétaire général de l’Organisation des Nations Unies.

3. La présente Convention est ouverte à l’adhésion de tout Etat. Les instruments d’adhésion seront déposés auprès du Secrétaire général de l’Organisation des Nations Unies.

Article 18

1. La présente Convention entrera en vigueur le trentième jour qui suivra la date de dépôt auprès du Secrétaire général de l’Organisation des Nations Unies du vingt-deuxième instrument de ratification ou d’adhésion.

2. Pour chacun des Etats qui ratifieront la Convention ou y adhéreront après le dépôt du vingt-deuxième instrument de ratification ou d’adhésion, la Convention entrera en vigueur le trentième jour après le dépôt par cet Etat de son instrument de ratification ou d’adhésion.

Article 19

1. Tout Etat partie peut dénoncer la présente Convention par voie de notification écrite adressée au Secrétaire général de l’Organisation des Nations Unies.


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2. La dénonciation prendra effet un an après la date à laquelle la notification aura été reçue par le Secrétaire général de l’Organisation des Nations Unies.

Article 20

L’original de la présente Convention, dont les textes anglais, arabe, chinois, espagnol, français et russe font également foi, sera déposé auprès du Secrétaire général de l’Organisation des Nations Unies, qui en fera tenir copie certifiée conforme à tous les Etats.

En foi de quoi les soussignés, dûment autorisés à cet effet par leurs gouvernements respectifs, ont signé la présente Convention, qui a été ouverte à la signature à New York le 18 décembre 1979.

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6. Convention sur la protection physique des matières nucléaires, 1979

Adoptée à Vienne (Autriche), le 26 octobre 1979 Entrée en vigueur : le 8 février 1987 Nations Unies, Recueil des Traités, vol. 1456, No. 24631 Dépositaire : Directeur général de l’Agence internationale de l’énergie atomique


Reconnaissant le droit de tous les Etats à développer les applications de l’énergie nucléaire à des fins pacifiques et leur intérêt légitime pour les avantages qui peuvent en découler,

Convaincus de la nécessité de faciliter la coopération internationale pour les applications pacifiques de l’énergie nucléaire,

Désireux d’écarter les risques qui pourraient découler de l’obtention et de l’usage illicites de matières nucléaires,

Convaincus que les infractions relatives aux matières nucléaires sont un objet de grave préoccupation et qu’il est urgent de prendre des mesures appropriées et efficaces pour assurer la prévention, la découverte et la répression de ces infractions,

Conscients de la nécessité d’une coopération internationale en vue d’arrêter, conformément à la législation nationale de chaque Etat partie et à la présente Convention, des mesures efficaces pour assurer la protection physique des matières nucléaires,

Convaincus que la présente Convention devrait faciliter le transfert en toute sécurité de matières nucléaires,

Soulignant également l’importance que présente la protection physique des matières nucléaires en cours d’utilisation, de stockage et de transport sur le territoire national,

Reconnaissant l’importance d’assurer une protection physique efficace des matières nucléaires utilisées à des fins militaires, et étant entendu que lesdites matières font et continueront à faire l’objet d’une protection physique rigoureuse,



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Article premier


(a) par « matières nucléaires », il faut entendre le plutonium à l’exception du plutonium dont la concentration isotopique en plutonium 238 dépasse 80% l’uranium 233, l’uranium enrichi en uranium 235 ou 233, l’uranium contenant le mélange d’isotopes qui se trouve dans la nature autrement que sous forme de minerai ou de résidu de minerai, et toute matière contenant un ou plusieurs des éléments ou isotopes ci-dessus ;

(b) par « uranium enrichi en uranium 235 ou 233 », il faut entendre l’uranium contenant soit de l’uranium 235, soit de l’uranium 233, soit ces deux isotopes, en quantité telle que le rapport entre la somme de ces deux isotopes et l’isotope 238 soit supérieur au rapport entre l’isotope 235 et l’isotope 238 dans l’uranium naturel ;

(c) par « transport nucléaire international », il faut entendre le transport de matières nucléaires conditionnées en vue d’un envoi par tout moyen de transport lorsqu’il doit franchir les frontières de l’Etat sur le territoire duquel il a son origine, à compter de son départ d’une installation de l’expéditeur dans cet Etat et jusqu’à son arrivée dans une installation du destinataire sur le territoire de l’Etat de destination finale.

Article 2

1. La présente Convention s’applique aux matières nucléaires employées à des fins pacifiques en cours de transport international.

2. A l’exception des articles 3, 4 et du paragraphe 3 de l’article 5, la présente Convention s’applique également aux matières nucléaires employées à des fins pacifiques en cours d’utilisation, de stockage et de transport sur le territoire national.

3. Indépendamment des engagements expressément contractés par les Etats parties dans les articles visés au paragraphe 2 en ce qui concerne les matières nucléaires employées à des fins pacifiques en cours d’utilisation, de stockage et de transport sur le territoire national, rien dans la présente Convention ne doit être interprété comme limitant les droits souverains d’un Etat relatifs à l’utilisation, au stockage et au transport desdites matières nucléaires sur le territoire national.

Article 3

Chaque Etat partie prend les dispositions nécessaires conformément à sa législation

nationale et au droit international pour que, dans toute la mesure possible, pendant un transport nucléaire international, les matières nucléaires se trouvant sur son territoire ou à bord d’un navire ou d’un aéronef relevant de sa compétence, dans la mesure où ledit navire

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ou aéronef participe au transport à destination ou en provenance dudit Etat, soient protégées selon les niveaux énoncés à l’annexe I.

Article 4

1. Chaque Etat partie n’exporte des matières nucléaires ou n’en autorise l’exportation que s’il a reçu l’assurance que lesdites matières seront protégées pendant le transport nucléaire international conformément aux niveaux énoncés à l’annexe I.

2. Chaque Etat partie n’importe des matières nucléaires ou n’en autorise l’importation en provenance d’un Etat qui n’est pas partie à la présente Convention que s’il a reçu l’assurance que lesdites matières seront protégées pendant le transport nucléaire international conformément aux niveaux énoncés à l’annexe I.

3. Un Etat partie n’autorise sur son territoire le transit de matières nucléaires entre des Etats non parties à la présente Convention par les voies terrestres ou par les voies navigables ou dans ses aéroports ou ports maritimes que s’il a, dans toute la mesure possible, reçu l’assurance que lesdites matières seront protégées en cours de transport international conformément aux niveaux énoncés à l’annexe I.

4. Chaque Etat partie applique conformément à sa législation nationale les niveaux de protection physique énoncés à l’annexe I aux matières nucléaires transportées d’une partie dudit Etat dans une autre partie du même Etat et empruntant les eaux internationales ou l’espace aérien international.

5. L’Etat partie tenu d’obtenir l’assurance que les matières nucléaires seront protégées selon les niveaux énoncés à l’annexe I conformément aux paragraphes 1 à 3 ci-dessus détermine et avise préalablement les Etats par lesquels lesdites matières transiteront par les voies terrestres ou les voies navigables et ceux dans les aéroports ou ports maritimes desquels sont prévues des escales.

6. La responsabilité d’obtenir l’assurance visée au paragraphe 1 peut être transmise par consentement mutuel à l’Etat partie qui participe au transport en tant qu’Etat importateur.

7. Rien dans le présent article ne doit être interprété comme affectant d’une manière quelconque la souveraineté et la juridiction territoriales d’un Etat, notamment sur l’espace aérien et la mer territoriale dudit Etat.

Article 5

1. Les Etats parties désignent et s’indiquent mutuellement, directement ou par l’intermédiaire de l’Agence internationale de l’énergie atomique, leurs services centraux et les correspondants qui sont chargés d’assurer la protection physique des matières nucléaires et de coordonner les opérations de récupération et d’intervention en cas d’enlèvement, d’emploi


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ou d’altération illicite de matières nucléaires, ou en cas de menace vraisemblable de l’un de ces actes.

2. En cas de vol, de vol qualifié ou de tout autre obtention illicite de matières nucléaires, ou de menace vraisemblable d’un tel acte, les Etats parties apportent leur coopération et leur aide dans toute la mesure possible, conformément à leur législation nationale, pour la récupération et la protection desdites matières, à tout Etat qui en fait la demande. En particulier :

(a) un Etat partie prend les dispositions nécessaires pour informer aussitôt que possible les autres Etats qui lui semblent intéressés de tout vol, vol qualifié ou autre obtention illicite de matières nucléaires, ou de menace vraisemblable d’un tel acte, et pour informer, le cas échéant, les organisations internationales,

(b) en tant que de besoin, les Etats parties intéressés échangent des renseignements entre eux ou avec des organisations internationales afin de protéger les matières nucléaires menacées, de vérifier l’intégrité des conteneurs d’expédition ou de récupérer les matières nucléaires illicitement enlevées; ils:

(i) coordonnent leurs efforts par la voie diplomatique et par d’autres moyens prévus d’un commun accord ;

(ii) se prêtent assistance si la demande en est faite ;

(iii) assurent la restitution des matières nucléaires volées ou manquantes, à la suite des événements ci-dessus mentionnés.

Les modalités concrètes de cette coopération sont arrêtées par les Etats parties intéressés.

3. Les Etats parties coopèrent et se consultent, en tant que de besoin, directement ou par l’intermédiaire d’organisations internationales, en vue d’obtenir des avis sur la conception, l’entretien et l’amélioration des systèmes de protection physique des matières nucléaires en cours de transport international.

Article 6

1. Les Etats parties prennent les mesures appropriées compatibles avec leur législation nationale pour protéger le caractère confidentiel de tout renseignement qu’ils reçoivent à titre confidentiel en vertu des dispositions de cette Convention d’un autre Etat partie ou à l’occasion de leur participation à une activité exécutée en application de cette Convention. Lorsque des Etats parties communiquent confidentiellement des renseignements à des organisations internationales, des mesures sont prises pour assurer la protection du caractère confidentiel de ces renseignements.

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2. En vertu de la présente Convention, les Etats parties ne sont pas tenus de fournir des renseignements que leur législation nationale ne permet pas de communiquer ou qui compromettraient leur sécurité nationale ou la protection physique des matières nucléaires.

Article 7

1. Le fait de commettre intentionnellement l’un des actes suivants :

(a) le recel, la détention, l’utilisation, la cession, l’altération, l’aliénation ou la dispersion de matières nucléaires, sans y être habilité, et entraînant ou pouvant entraîner la mort ou des blessures graves pour autrui ou des dommages considérables pour les biens ;

(b) le vol simple ou le vol qualifié de matières nucléaires ;

(c) le détournement ou toute autre appropriation indue de matières nucléaires ;

(d) le fait d’exiger des matières nucléaires par la menace, le recours à la force ou par toute autre forme d’intimidation ;

(e) la menace :

(i) d’utiliser des matières nucléaires pour tuer ou blesser grièvement autrui ou causer des dommages considérables aux biens ;

(ii) de commettre une des infractions décrites à l’alinéa b) afin de contraindre une personne physique ou morale, une organisation internationale ou un Etat à faire ou à s’abstenir de faire un acte ;

(f) la tentative de commettre l’une des infractions décrites aux alinéas a), b) ou c) ;

(g) la participation à l’une des infractions décrites aux alinéas a) à f) est considéré par tout Etat partie comme une infraction punissable en vertu de son droit national.

2. Tout Etat partie applique aux infractions prévues dans le présent article des peines appropriées, proportionnées à la gravité de ces infractions.

Article 8

1. Tout Etat partie prend les mesures éventuellement nécessaires pour établir sa compétence aux fins de connaître des infractions visées à l’article 7 dans les cas ci-après :

(a) lorsque l’infraction est commise sur le territoire dudit Etat ou à bord d’un navire ou d’un aéronef immatriculé dans ledit Etat,

(b) lorsque l’auteur présumé de l’infraction est un ressortissant dudit Etat.


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2. Tout Etat partie prend également les mesures éventuellement nécessaires pour établir sa compétence aux fins de connaître desdites infractions lorsque l’auteur présumé de l’infraction se trouve sur son territoire et que ledit Etat ne l’extrade pas conformément à l’article 11 dans l’un quelconque des Etats mentionnés au paragraphe 1.


4. Outre les Etats parties mentionnés aux paragraphes 1 et 2, tout Etat partie peut, conformément au droit international, établir sa compétence aux fins de connaître des infractions visées à l’article 7, lorsqu’il participe à un transport nucléaire international en tant qu’Etat exportateur ou importateur de matières nucléaires.

Article 9

S’il estime que les circonstances le justifient, l’Etat partie sur le territoire duquel se trouve l’auteur présumé de l’infraction recourt, conformément à sa législation nationale, aux mesures appropriées, y compris à la détention, pour assurer la présence dudit auteur présumé aux fins de poursuites judiciaires ou d’extradition. Les mesures prises aux termes du présent article sont notifiées sans délai aux Etats tenus d’établir leur compétence conformément aux dispositions de l’article 8 et, si besoin est, à tous les autres Etats concernés.

Article 10

L’Etat partie sur le territoire duquel se trouve l’auteur présumé de l’infraction, s’il n’extrade pas ce dernier, soumet l’affaire, sans aucune exception et sans retard injustifié, à ses autorités compétentes pour l’exercice de l’action pénale, selon une procédure conforme à la législation dudit Etat.

Article 11

1. Les infractions visées à l’article 7 sont de plein droit comprises comme cas d’extradition dans tout traité d’extradition en vigueur entre des Etats parties. Les Etats parties s’engagent à inclure ces infractions parmi les cas d’extradition dans tout traité d’extradition à conclure entre eux.

2. Si un Etat partie qui subordonne l’extradition à l’existence d’un traité est saisi d’une demande d’extradition par un autre Etat partie avec lequel il n’est pas lié par un traité

3. Les Etats parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent lesdites infractions comme cas d’extradition entre eux dans les conditions prévues par le droit de l’Etat requis.

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4. Entre Etats parties, chacune de ces infractions est considérée, aux fins de l’extradition, comme ayant été commise tant au lieu de sa perpétration que sur le territoire des Etats parties tenus d’établir leur compétence conformément aux dispositions du paragraphe 1 de l’article 8.

Article 12

Toute personne contre laquelle une procédure est engagée en raison de l’une des infractions prévues à l’article 7 bénéficie d’un traitement équitable à tous les stades de la procédure.

Article 13

1. Les Etats parties s’accordent l’entraide judiciaire la plus large possible dans toute procédure pénale relative aux infractions prévues à l’article 7, y compris en ce qui concerne la communication d’éléments de preuves dont ils disposent et qui sont nécessaires aux poursuites. Dans tous les cas, la loi applicable pour l’exécution d’une demandé d’entraide est celle de l’Etat requis.

2. Les dispositions du paragraphe 1 n’affectent pas les obligations découlant de tout autre traité, bilatéral ou multilatéral, qui régit ou régira tout ou partie de l’entraide judiciaire en matière pénale.

Article 14

1. Chaque Etat partie informe le dépositaire des lois et règlements qui donnent effet à la présente Convention. Le dépositaire communique périodiquement ces renseignements à tous les Etats parties.

2. L’Etat partie sur le territoire duquel l’auteur présumé d’une infraction est poursuivi communique, dans la mesure du possible, en premier lieu le résultat de la procédure aux Etats directement intéressés. L’Etat partie communique par ailleurs le résultat de la procédure au dépositaire qui en informe tous les Etats.

3. Lorsqu’une infraction concerne les matières nucléaires utilisées à des fins pacifiques en cours d’utilisation, de stockage ou de transport sur le territoire national et que, tant l’auteur présumé de l’infraction que les matières nucléaires demeurent sur le territoire de l’Etat partie où l’infraction a été commise, rien dans la présente Convention ne sera interprété comme impliquant pour cet Etat partie de fournir des informations sur les procédures pénales relatives à cette infraction.

Article 15

Les annexes à la présente Convention font partie intégrante de ladite Convention.


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Article 16

1. Cinq ans après l’entrée en vigueur de la présente Convention, le dépositaire convoquera une conférence des Etats parties, afin d’examiner l’application de la Convention et de procéder à son évaluation en ce qui concerne le préambule, la totalité du dispositif et les annexes compte tenu de la situation existant alors.

2. Par la suite, à des intervalles de cinq ans au moins, la majorité des Etats parties peut obtenir la convocation de conférences ultérieures ayant le même objectif, en soumettant au dépositaire une proposition à cet effet.

Article 17

1. En cas de différend entre deux ou plusieurs Etats parties concernant l’interprétation ou l’application de la Convention, lesdits Etats parties se consultent en vue de régler le différend par voie de négociation ou par tout autre moyen pacifique de règlement des différends acceptable par toutes les parties au différend.

2. Tout différend de cette nature qui ne peut être réglé de la manière prescrite au paragraphe 1 est, à la demande de toute partie à ce différend, soumis à arbitrage ou renvoyé à la Cour internationale de Justice pour décision. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les parties au différend ne parviennent pas à se mettre d’accord sur l’organisation de l’arbitrage, une partie peut demander au Président de la Cour internationale de Justice ou au Secrétaire général de l’Organisation des Nations Unies de désigner un ou plusieurs arbitres. En cas de conflit entre les demandes des parties au différend, la demande adressée au Secrétaire général de l’Organisation des Nations Unies prévaut.

3. Tout Etat partie, au moment où il signe la présente Convention, la ratifie, l’accepte ou l’approuve, ou y adhère, peut déclarer qu’il ne se considère pas lié par l’une ou l’autre ou les deux procédures de règlement des différends énoncées au paragraphe 2 du présent article. Les autres Etats parties ne sont pas liés par une procédure de règlement des différends prévue au paragraphe 2 à l’égard d’un Etat partie qui a formulé une réserve au sujet de cette procédure.

4. Tout Etat partie qui a formulé une réserve, conformément aux dispositions du paragraphe 3 du présent article, peut à tout moment lever cette réserve par voie de notification adressée au dépositaire.

Article 18

1. La présente Convention est ouverte à la signature de tous les Etats au Siège de l’Agence internationale de l’énergie atomique, à Vienne, et au Siège de l’Organisation des Nations Unies, à New York, à partir du 3 mars 1980 jusqu’a son entrée en vigueur.

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2. La présente Convention est soumise à la ratification, à l’acceptation ou à l’approbation des Etats signataires.

3. Après son entrée en vigueur, la présente Convention sera ouverte à l’adhésion de tous les Etats.

4. (a) La présente Convention est ouverte à la signature ou à l’adhésion d’organisations internationales et d’organisations régionales ayant un caractère d’intégration ou un autre caractère, à condition que chacune desdites organisations soit constituée par des Etats souverains et ait compétence pour négocier, conclure et appliquer des accords internationaux portant sur des domaines couverts par la présente Convention.

(b) Dans les domaines de leur compétence, ces organisations, en leur nom propre, exercent les droits et assument les responsabilités que la présente Convention attribue aux Etats parties.

(c) En devenant partie à la présente Convention, une telle organisation communique au dépositaire une déclaration indiquant quels sont ses Etats membres et quels articles de la présente Convention ne lui sont pas applicables.

(d) Une telle organisation ne dispose pas de voix propre en plus de celles de ses Etats membres.

5. Les instruments de ratification, d’acceptation, d’approbation ou d’adhésion sont déposés auprès du dépositaire.

Article 19

1. La présente Convention entre en vigueur le trentième jour qui suit la date du dépôt, auprès du dépositaire, du vingt et unième instrument de ratification, d’acceptation ou d’approbation.

2. Pour chacun des Etats qui ratifient la Convention, l’acceptent, l’approuvent ou y adhèrent après le dépôt du vingt et unième instrument de ratification, d’acceptation ou d’approbation, la Convention entre en vigueur le trentième jour après le dépôt par cet Etat de son instrument de ratification, d’acceptation, d’approbation ou d’adhésion.

Article 20

1. Sans préjudice de l’article 16, un Etat partie peut proposer des amendements à la présente Convention. L’amendement proposé est soumis au dépositaire qui le communique immédiatement à tous les Etats parties. Si la majorité des Etats parties demande au dépositaire de réunir une conférence pour étudier les amendements proposés, le dépositaire invite tous les Etats parties à assister à une telle conférence, qui s’ouvrira 30 jours au moins après l’envoi des invitations. Tout amendement adopté à la conférence par une majorité des


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deux tiers de tous les Etats parties est communiqué sans retard par le dépositaire à tous les Etats parties.

2. L’amendement entre en vigueur pour chaque Etat partie qui dépose son instrument de ratification, d’acceptation ou d’approbation de l’amendement le trentième jour après la date à laquelle les deux tiers des Etats parties ont déposé leurs instruments de ratification, d’acceptation ou d’approbation auprès du dépositaire. Par la suite, l’amendement entre en vigueur pour tout autre Etat partie le jour auquel cet Etat partie dépose son instrument de ratification, d’acceptation ou d’approbation de l’amendement.

Article 21

1. Tout Etat partie peut dénoncer la présente Convention par notification écrite au dépositaire.

2. La dénonciation prend effet cent quatre-vingt jours après la date à laquelle le dépositaire reçoit la notification.

Article 22

Le dépositaire notifie sans retard à tous les Etats :

(a) chaque signature de la présente Convention;

(b) chaque dépôt d’instrument de ratification, d’acceptation, d’approbation ou d’adhésion;

(c) toute formulation ou tout retrait d’une réserve conformément à l’article 17;

(d) toute communication faite par une organisation conformément au paragraphe 4 de l’article 18,

(e) l’entrée en vigueur de la présente Convention,

(f) l’entrée en vigueur de tout amendement à la présente Convention,

(g) toute dénonciation faite en vertu de l’article 21.

Article 23

L’original de la présente Convention dont les versions arabe, chinoise, anglaise, espagnole, française et russe font également foi sera déposé auprès du Directeur général de l’Agence internationale de l’énergie atomique qui en fera parvenir des copies certifiées à tous les Etats.

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En foi de quoi les soussignés, dûment autorisés, ont signé la présente Convention ouverte à la signature à Vienne et à New York le 3 mars 1980.

Annexe I

Niveaux de protection physique applicables aux transports internationaux de matières nucléaires, tels qu’ils sont définis à l’annexe II

1. Au cours de l’entreposage à l’occasion du transport nucléaire international, les niveaux de protection physique ci-après doivent être appliqués :

(a) les matières de la catégorie III sont entreposées dans une zone d’accès contrôlé;

(b) les matières de la catégorie II sont entreposées dans une zone constamment surveillée par des gardes ou des dispositifs électroniques, entourée d’une barrière matérielle comportant un nombre limité de points d’entrée soumis à un contrôle approprié, ou dans toute zone munie d’une protection physique d’un degré équivalent;

(c) les matières de la catégorie I sont entreposées dans une zone protégée de la manière définie ci-dessus en ce qui concerne la catégorie II mais dont l’accès n’est en outre permis qu’aux personnes reconnues dignes de confiance, et placée sous la surveillance de gardes qui sont en liaison étroite avec des forces d’intervention appropriées. Les mesures particulières prévues dans ce contexte ont pour objet de détecter et de prévenir toute attaque, tout accès non autorisé ou tout retrait de matières non autorisé.

2. Les niveaux ci-après s’appliquent aux transports nucléaires internationaux:

(a) pour les matières des catégories II et III, le transport s’effectue avec des précautions particulières comportant notamment la conclusion d’arrangements préalables entre l’expéditeur, le destinataire et le transporteur, et d’un accord préalable entre les personnes physiques ou morales relevant de la juridiction et de la réglementation des Etats exportateur et importateur, qui précise le moment, le lieu et les modalités du transfert de la responsabilité du transport;

(b) pour les matières de la catégorie I, le transport s’effectue avec les précautions particulières énoncées plus haut pour le transport des matières des catégories II et III, et, en outre, sous la surveillance constante d’une escorte et dans des conditions assurant une liaison étroite avec des forces d’intervention appropriées,

(c) pour l’uranium naturel se présentant autrement que sous forme de minerais ou de résidus de minerais, la protection pour le transport de quantités dépassant 500 kg d’uranium comporte la notification préalable de l’expédition spécifiant le mode de transport, l’heure d’arrivée prévue et la confirmation que les matières ont bien été reçues.


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Annexe II

Tableau. Catégorisation des matières nucléaires

Matière Forme

Catégorie

I II III c

1. Plutonium a Non irradié b 2 kg ou plus Moins de 2 kg mais

plus de 500 g

500 g ou moins mais

plus de 15 g

2. Uranium 235 Non irradié b

- uranium enrichi à

20% ou plus en

235 U

5 kg ou plus

Moins de 5 kg mais

plus de 1 kg

1 kg ou moins mais

plus de 15 g


10% ou plus, mais à

moins de 20%, en

235 U

_ 10 kg ou plus

Moins de 10 kg

maiplus de 1 kg


moins de 10% en

235 U

_ _ 10 kg ou plus

3. Uranium 233 Non irradié b 2 kg ou plus Moins de 2 kg mais

plus de 500 g

500 g ou moins mais

plus de 15 g

4. Combustible

irradié

Uranium appauvri

ou naturel, thorium

ou combustible

faiblement enrichi

(moins de 10% de

teneur en matières

fissiles) d, e

a Tout le plutonium sauf s’il a une concentration isotopique dépassant 80% en plutonium 238. b Matières non irradiées dans un réacteur ou matières irradiées dans un réacteur donnant un niveau de

rayonnement égal ou inférieur à 100 rads/h à 1 mètre de distance sans écran. c Les quantités qui n’entrent pas dans la catégorie III ainsi que l’uranium naturel devraient être protégés

conformément à des pratiques de gestion prudente. d Ce niveau de protection est recommandé, mais il est loisible aux Etats d’attribuer une catégorie de protection

physique différente après évaluation des circonstances particulières. e Les autres combustibles qui en vertu de leur teneur originelle en matières fissiles sont classés dans la catégorie

I ou dans la catégorie II avant irradiation peuvent entrer dans la catégorie directement inférieure si le niveau de rayonnement du combustible dépasse 100 rads/h à un mètre de distance sans écran.

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7. Protocole pour la répression des actes illicites de violence dans les aéroports servant à l’aviation civile internationale, 1988

Signé à Montréal, le 24 février 1988 Entré en vigueur : le 6 août 1989 OACI Doc. 9518 Dépositaires : Etats-Unis d’Amérique, Fédération de Russie,

Royaume-Uni de Grande-Bretagne

Les Etats parties au présent Protocole,

Considérant que les actes illicites de violence qui compromettent ou sont de nature à compromettre la sécurité des personnes dans les aéroports servant à l’aviation civile internationale ou qui mettent en danger la sécurité de l’exploitation de ces aéroports, minent la confiance des peuples du monde dans la sécurité de ces aéroports et perturbent la sécurité et la bonne marche de l’aviation civile pour tous les Etats,

Considérant que de tels actes préoccupent gravement la communauté internationale et que, dans le but de prévenir ces actes, il est urgent de prévoir les mesures appropriées en vue de la punition de leurs auteurs,

Considérant qu’il est nécessaire d’adopter des dispositions complémentaires à celles de la Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, faite à Montréal le 23 septembre 1971, en vue de traiter de tels actes illicites de violence dans les aéroports servant à l’aviation civile internationale,


Article premier

Le présent Protocole complète la Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, faite à Montréal le 23 septembre 1971 (nommée ci-après « la Convention »), et, entre les Parties au présent Protocole, la Convention et le Protocole seront considérés et interprétés comme un seul et même instrument.

Article 2

1. A l’article 1er de la Convention, le nouveau paragraphe 1 bis suivant est ajouté:

« 1 bis. Commet une infraction pénale toute personne qui, illicitement et intentionnellement, à l’aide d’un dispositif, d’une substance ou d’une arme :


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(a) accomplit à l’encontre d’une personne, dans un aéroport servant à l’aviation civile internationale, un acte de violence qui cause ou est de nature à causer des blessures graves ou la mort; ou

(b) détruit ou endommage gravement les installations d’un aéroport servant à l’aviation civile internationale ou des aéronefs qui ne sont pas en service et qui se trouvent dans l’aéroport ou interrompt les services de l’aéroport, si cet acte compromet ou est de nature à compromettre la sécurité dans cet aéroport. »

2. Au paragraphe 2, alinéa (a), de l’article 1er de la Convention, les mots suivants sont insérés après les mots « paragraphe 1er »: « ou au paragraphe 1 bis ».

Article 3

A l’article 5 de la Convention, le paragraphe 2 bis suivant est ajouté :

« 2 bis. Tout Etat contractant prend également les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues au paragraphe 1 bis de l’article 1er et au paragraphe 2 du même article, pour autant que ce dernier paragraphe concerne lesdites infractions, dans le cas où l’auteur présumé de l’une d’elles se trouve sur son territoire et où ledit Etat ne l’extrade pas conformément à l’article 8 vers l’Etat visé à l’alinéa (a) du paragraphe 1er du présent article. »

Article 4

Le présent Protocole sera ouvert le 24 février 1988 à Montréal à la signature des Etats participant à la Conférence internationale de droit aérien, tenue à Montréal du 9 au 24 février 1988. Après le 1er mars 1988, il sera ouvert à la signature de tous les Etats à Londres, à Moscou, à Washington et à Montréal, jusqu’à son entrée en vigueur conformément à l’article 6.

Article 5

1. Le présent Protocole sera soumis à la ratification des Etats signataires.

2. Tout Etat qui n’est pas Etat contractant à la Convention peut ratifier le présent Protocole si en même temps il ratifie la Convention, ou adhère à la Convention, conformément à l’article 15 de celle-ci.

3. Les instruments de ratification seront déposés auprès des gouvernements des Etats-Unis d’Amérique, du Royaume-Uni de Grande-Bretagne et d’Irlande du Nord et de l’Union des Républiques socialistes soviétiques, ou de l’Organisation de l’aviation civile internationale, qui sont désignés par les présentes comme dépositaires.

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Article 6

1. Lorsque le présent Protocole aura réuni les ratifications de dix Etats signataires, il entrera en vigueur entre ces Etats le trentième jour après le dépôt du dixième instrument de ratification. A l’égard de chaque Etat qui le ratifiera par la suite, il entrera en vigueur le trentième jour après le dépôt de son instrument de ratification.

2. Dès son entrée en vigueur, le présent Protocole sera enregistré par les dépositaires, conformément aux dispositions de l’article 102 de la Charte des Nations Unies et de l’article 83 de la Convention relative à l’aviation civile internationale (Chicago, 1944).

Article 7

1. Après son entrée en vigueur, le présent Protocole sera ouvert à l’adhésion de tout Etat non signataire.

2. Tout Etat qui n’est pas Etat contractant à la Convention peut adhérer au présent Protocole si en même temps il ratifie la Convention, ou adhère à la Convention, conformément à l’article 15 de celle-ci.

3. Les instruments d’adhésion seront déposés auprès des dépositaires et l’adhésion produira ses effets le trentième jour après ce dépôt.

Article 8

1. Toute Partie au présent Protocole pourra le dénoncer par voie de notification écrite adressée aux dépositaires.

2. La dénonciation produira ses effets six mois après la date à laquelle la notification aura été reçue par les dépositaires.

3. La dénonciation du présent Protocole n’aura pas d’elle-même l’effet d’une dénonciation de la convention.

4. La dénonciation de la Convention par un Etat contractant à la Convention complétée par le présent Protocole aura aussi l’effet d’une dénonciation du présent Protocole.

Article 9

1. Les dépositaires informeront rapidement tous les Etats qui auront signé le présent Protocole ou y auront adhéré, ainsi que tous les Etats qui auront signé la Convention ou y auront adhéré :

(a) de la date de chaque signature et de la date du dépôt de chaque instrument de ratification du présent Protocole ou d’adhésion à celui-ci ;


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(b) de la réception de toute notification de dénonciation du présent Protocole, et de la date de cette réception.

2. Les dépositaires notifieront également aux Etats mentionnés au paragraphe 1er de la date à laquelle le présent Protocole est entré en vigueur conformément à l’article 6.

En foi de quoi, les Plénipotentiaires soussignés, dûment autorisés, ont signé le présent Protocole.

Fait à Montréal, le vingt-quatrième jour du mois de février de l’an mil neuf cent quatre-vingt-huit, en quatre originaux, chacun en quatre textes authentiques rédigés dans les langues française, anglaise, espagnole et russe.

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8. Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime, 1988

Signée à Rome, le 10 mars 1988 Entrée en vigueur : le 1er mars 1992 Nations Unies, Recueil des Traités, vol. 1678, No. 29004 Dépositaire : Secrétaire général de l’Organisation maritime internationale

Les Etats Parties à la présente Convention,

Ayant présents à l’esprit les buts et principes de la Charte des Nations Unies concernant le maintien de la paix et de la sécurité internationales et le développement de relations amicales et de la coopération entre les Etats,

Reconnaissant en particulier que chacun a droit à la vie, à la liberté et à la sécurité de sa personne, ainsi qu’il est prévu dans la Déclaration universelle des droits de l’homme et dans le Pacte international relatif aux droits civils et politiques,

Profondément préoccupés par l’escalade, dans le monde entier, des actes de terrorisme, sous toutes ses formes, qui mettent en danger ou anéantissent des vies humaines innocentes, compromettent les libertés fondamentales et portent gravement atteinte à la dignité des personnes,

Considérant que les actes illicites dirigés contre la sécurité de la navigation maritime compromettent la sécurité des personnes et des biens, gênent sérieusement l’exploitation des services maritimes et minent la confiance des peuples du monde dans la sécurité de la navigation maritime,

Considérant que de tels actes préoccupent gravement la communauté internationale dans son ensemble,

Convaincus de l’urgente nécessité de développer une coopération internationale entre les Etats en ce qui concerne l’élaboration et l’adoption de mesures efficaces et pratiques destinées à prévenir tous les actes illicites dirigés contre la sécurité de la navigation maritime, et à poursuivre et punir leurs auteurs,

Rappelant la résolution 40/61 de l’Assemblée générale des Nations Unies du 9 décembre 1985, par laquelle il est notamment « demandé instamment à tous les Etats, unilatéralement et en collaboration avec les autres Etats, ainsi qu’aux organes compétents de l’Organisation des Nations Unies, de contribuer à l’élimination progressive des causes sous jacentes du terrorisme international et de prêter une attention spéciale à toutes les situations - notamment le colonialisme, le racisme, les situations qui révèlent des violations massives et flagrantes des droits de l’homme et des libertés fondamentales et celles qui sont liées à l’occupation étrangère - qui pourraient susciter des actes de terrorisme international et compromettre la paix et la sécurité internationales »,


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Rappelant en outre que la résolution 40/61 « condamne sans équivoque comme criminels tous les actes, méthodes et pratiques de terrorisme, où qu’ils se produisent et quels qu’en soient les auteurs, notamment ceux qui compromettent les relations amicales entre les Etats et la sécurité de ceux-ci »,

Rappelant également que, par la résolution 40/61, l’Organisation maritime internationale était invitée à « étudier le problème du terrorisme exercé à bord de navires ou contre des navires, en vue de formuler des recommandations sur les mesures qu’il y aurait lieu de prendre »,

Ayant présente à l’esprit la résolution A.584(14), en date du 20 novembre 1985, de l’Assemblée de l’Organisation maritime internationale, qui demandait la mise au point de mesures visant à prévenir les actes illicites qui compromettent la sécurité des navires et la sûreté de leurs passagers et de leurs équipages,

Notant que les actes de l’équipage qui relèvent de la discipline normale du bord ne sont pas visés par la présente Convention,

Affirmant qu’il est souhaitable de garder à l’étude les règles et normes relatives à la prévention et au contrôle des actes illicites contre les navires et les personnes se trouvant à bord de ces navires, en vue de les mettre à jour selon que de besoin, et, à cet égard, prenant note avec satisfaction des mesures visant à prévenir les actes illicites qui compromettent la sécurité des navires et la sûreté de leurs passagers et de leurs équipages, recommandées par le Comité de la sécurité maritime de l’Organisation maritime internationale,

Affirmant en outre que les questions qui ne sont pas réglementées par la présente Convention continueront d’être régies par les règles et principes du droit international général,

Reconnaissant la nécessité pour tous les Etats, dans la lutte contre les actes illicites contre la sécurité de la navigation maritime, de respecter strictement les règles et principes du droit international général,


Article 1

Aux fins de la présente Convention, « navire » désigne un bâtiment de mer de quelque type que ce soit qui n’est pas attaché en permanence au fond de la mer et englobe les engins à portance dynamique, les engins submersibles et tous les autres engins flottants.

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Article 2

1. La présente Convention ne s’applique pas :

(a) aux navires de guerre ; ou

(b) aux navires appartenant à un Etat ou exploités par un Etat lorsqu’ils sont utilisés comme navires de guerre auxiliaires ou à des fins de douane ou de police ;

(c) aux navires qui ont été retirés de la navigation ou désarmés.

2. Aucune disposition de la présente Convention ne porte atteinte aux immunités dont jouissent les navires de guerre et les autres navires d’Etat utilisés à des fins non commerciales.

Article 3

1. Commet une infraction pénale, toute personne qui, illicitement et intentionnellement :

(a) s’empare d’un navire ou en exerce le contrôle par violence ou menace de violence ; ou

(b) accomplit un acte de violence à l’encontre d’une personne se trouvant à bord d’un navire, si cet acte est de nature à compromettre la sécurité de la navigation du navire ; ou

(c) détruit un navire ou cause à un navire ou à sa cargaison des dommages qui sont de nature à compromettre la sécurité de la navigation du navire ; ou

(d) place ou fait placer sur un navire, par quelque moyen que ce soit, un dispositif ou une substance propre à détruire le navire ou à causer au navire ou à sa cargaison des dommages qui compromettent ou sont de nature à compromettre la sécurité de la navigation du navire ; ou

(e) détruit ou endommage gravement des installations ou services de navigation maritime ou en perturbe gravement le fonctionnement, si l’un de ces actes est de nature à compromettre la sécurité de la navigation d’un navire ; ou

(f) communique une information qu’elle sait être fausse et, de ce fait, compromet la sécurité de la navigation d’un navire ;ou

(g) blesse ou tue toute personne, lorsque ces faits présentent un lien de connexité avec l’une des infractions prévues aux alinéas a) à f), que celle-ci ait été commise ou tentée.


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(a) tente de commettre l’une des infractions prévues au paragraphe 1 ; ou

(b) incite une autre personne à commettre l’une des infractions prévues au paragraphe 1, si l’infraction est effectivement commise, ou est de toute autre manière le complice de la personne qui commet une telle infraction ; ou

(c) menace de commettre l’une quelconque des infractions prévues aux alinéas b), c) et e) du paragraphe 1, si cette menace est de nature à compromettre la sécurité de la navigation du navire en question, ladite menace étant ou non assortie, selon la législation nationale, d’une condition visant à contraindre une personne physique ou morale à accomplir ou à s’abstenir d’accomplir un acte quelconque.

Article 4

1. La présente Convention s’applique si le navire navigue ou si, d’après son plan de route, il doit naviguer dans des eaux, à travers des eaux ou en provenance d’eaux situées au-delà de la limite extérieure de la mer territoriale d’un seul Etat, ou des limites latérales de sa mer territoriale avec les Etats adjacents.

2. Dans les cas où la Convention n’est pas applicable conformément au paragraphe 1, ses dispositions sont toutefois applicables si l’auteur ou l’auteur présumé de l’infraction est découvert sur le territoire d’un Etat Partie autre que l’Etat visé au paragraphe 1.

Article 5

Tout Etat Partie réprime les infractions prévues à l’article 3 par des peines appropriées qui prennent en considération la nature grave des ces infractions.

Article 6

1. Tout Etat Partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues à l’article 3 quand l’infraction est commise :

(a) à l’encontre ou à bord d’un navire battant, au moment de la perpétration de l’infraction, le pavillon de cet Etat ; ou

(b) sur le territoire de cet Etat, y compris sa mer territoriale ; ou

(c) par un ressortissant de cet Etat.

2. Un Etat Partie peut également établir sa compétence aux fins de connaître de l’une quelconque des ces infractions :

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(a) lorsqu’elle est commise par une personne apatride qui a sa résidence habituelle dans cet Etat ; ou

(b) lorsque, au cours de sa perpétration, un ressortissant de cet Etat est retenu, menacé, blessé ou tué ; ou

(c) lorsqu’elle est commise dans le but de contraindre cet Etat à accomplir un acte quelconque ou à s’en abstenir.

3. Tout Etat Partie qui a établi sa compétence pour les cas visés au paragraphe 2 le notifie au Secrétaire général de l’Organisation maritime internationale (dénommé ci-après « le Secrétaire général »). Si ledit Etat Partie abroge ensuite cette législation, il le notifie au Secrétaire général.

4. Tout Etat Partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues à l’article 3 dans les cas où l’auteur présumé de l’infraction se trouve sur son territoire et où il ne l’extrade pas vers l’un quelconque des Etats Parties qui ont établi leur compétence conformément aux paragraphes 1 et 2 du présent article.

5. La présente Convention n’écarte aucune compétence pénale exercée conformément à la législation nationale.

Article 7

1. S’il estime que les circonstances le justifient et conformément à sa législation, tout Etat Partie sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction assure la détention de cette personne ou prend toutes autres mesures nécessaires pour assurer sa présence pendant le délai nécessaire à l’engagement de poursuites pénales ou d’une procédure d’extradition.

2. Ledit Etat procède immédiatement à une enquête à titre préliminaire en vue d’établir les faits, conformément à sa propre législation.


(a) de communiquer sans retard avec le plus proche représentant qualifié de l’Etat dont elle a la nationalité ou qui est autrement habilité à établir cette communication ou, s’il s’agit d’une personne apatride, de l’Etat sur le territoire duquel elle a sa résidence habituelle ;


4. Les droits visés au paragraphe 3 s’exercent dans le cadre des lois et règlements de l’Etat sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction, étant entendu


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toutefois que ces lois et règlements doivent permettre la pleine réalisation des fins pour lesquelles les droits sont accordés en vertu du paragraphe 3.

5. Lorsqu’un Etat Partie a mis une personne en détention conformément aux dispositions du présent article, il avise immédiatement de cette détention, ainsi que des circonstances qui la justifient, les Etats qui ont établi leur compétence conformément au paragraphe 1 de l’article 6 et, s’il le juge opportun, tous autres Etats intéressés. L’Etat qui procède à l’enquête à titre préliminaire visée au paragraphe 2 du présent article en communique rapidement les conclusions auxdits Etats et leur indique s’il entend exercer sa compétence.

Article 8

1. Le capitaine d’un navire d’un Etat Partie (l’ « Etat du pavillon ») peut remettre aux autorités de tout autre Etat Partie (l’ « Etat destinataire ») toute personne dont il a de sérieuses raisons de croire qu’elle a commis l’une des infractions prévues à l’article 3.

2. L’Etat du pavillon veille à ce que le capitaine de son navire soit tenu, lorsque cela est possible dans la pratique et si possible avant d’entrer dans la mer territoriale de l’Etat destinataire avec à son bord toute personne qu’il se propose de remettre conformément aux dispositions du paragraphe 1, de notifier aux autorités de l’Etat destinataire son intention de remettre cette personne et les raisons qui motivent cette décision.

3. L’Etat destinataire accepte la remise de ladite personne, sauf s’il a des raisons de croire que la Convention ne s’applique pas aux faits qui motivent la remise, et agit conformément aux dispositions de l’article 7. Tout refus de recevoir une personne doit être motivé.

4. L’Etat du pavillon veille à ce que le capitaine de son navire soit tenu de communiquer aux autorités de l’Etat destinataire les éléments de preuve ayant trait à l’infraction présumée qui sont en sa possession.

5. Un Etat destinataire qui a accepté la remise d’une personne conformément aux dispositions du paragraphe 3 peut à son tour demander à l’Etat du pavillon d’accepter la remise de cette personne. L’Etat du pavillon examine une telle demande et, s’il y donne suite, agit conformément aux dispositions de l’article 7. Si l’Etat du pavillon rejette une demande, il communique à l’Etat destinataire les raisons qui motivent cette décision.

Article 9

Aucune disposition de la présente Convention n’affecte de quelque façon que ce soit les règles du droit international concernant l’exercice de la compétence des Etats en matière d’enquête ou d’exécution à bord des navires qui ne battent pas leur pavillon.

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Article 10

1. L’Etat Partie sur le territoire duquel l’auteur ou l’auteur présumé de l’infraction est découvert est tenu, dans les cas où l’article 6 s’applique, s’il ne l’extrade pas, de soumettre l’affaire, sans retard et sans aucune exception, que l’infraction ait été ou non commise sur son territoire, à ses autorités compétentes pour l’exercice de l’action pénale selon une procédure conforme à la législation de cet Etat. Ces autorités prennent leur décision dans les mêmes conditions que pour toute autre infraction de caractère grave conformément aux lois de cet Etat.

2. Toute personne contre laquelle une procédure est engagée en raison d’une des infractions prévues à l’article 3 jouit de la garantie d’un traitement équitable à tous les stades de la procédure, y compris la jouissance de tous les droits et garanties prévus pour une telle procédure par les lois de l’Etat sur le territoire duquel elle se trouve.

Article 11

1. Les infractions prévues à l’article 3 sont de plein droit comprises comme cas d’extradition dans tout traité d’extradition conclu entre Etats Parties. Les Etats Parties s’engagent à comprendre ces infractions comme cas d’extradition dans tout traité d’extradition à conclure entre eux.

2. Si un Etat Partie qui subordonne l’extradition à l’existence d’un traité est saisi d’une demande d’extradition par un autre Etat Partie avec lequel il n’est pas lié par un traité d’extradition, l’Etat Partie requis a la latitude de considérer la présente Convention comme constituant la base juridique de l’extradition en ce qui concerne les infractions prévues à l’article 3. L’extradition est subordonnée aux autres conditions prévues par le droit de l’Etat Partie requis.

3. Les Etats Parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent les infractions prévues à l’article 3 comme cas d’extradition entre eux dans les conditions prévues par le droit de l’Etat requis.

4. Si nécessaire, entre Etats Parties, les infractions prévues à l’article 3 sont considérées aux fins d’extradition comme ayant été commises tant au lieu de leur perpétration qu’en un lieu relevant de la juridiction de l’Etat Partie qui demande l’extradition.

5. Un Etat Partie qui reçoit plus d’une demande d’extradition émanant d’Etats qui ont établi leur compétence conformément aux dispositions de l’article 6 et qui décide de ne pas engager des poursuites tient dûment compte, lorsqu’il choisit l’Etat vers lequel l’auteur ou l’auteur présumé de l’infraction doit être extradé, des intérêts et responsabilités de l’Etat Partie dont le navire battait le pavillon au moment de la perpétration de l’infraction.

6. Lorsqu’il examine une demande d’extradition soumise en vertu de la présente Convention au sujet de l’auteur présumé d’une infraction, l’Etat requis tient dûment compte


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de la question de savoir si cette personne peut exercer ses droits, tels que prévus au paragraphe 3 de l’article 7, dans l’Etat requérant.

7. S’agissant des infractions définies dans la présente Convention, les dispositions de tous les traités et accords d’extradition conclus entre Etats Parties sont modifiées entre Etats Parties dans la mesure où elles sont incompatibles avec la présente Convention.

Article 12

1. Les Etats Parties s’accordent l’entraide judiciaire la plus large possible dans toute procédure pénale relative aux infractions prévues à l’article 3, y compris pour l’obtention des éléments de preuve dont ils disposent et qui sont nécessaires aux fins de la procédure.

2. Les Etats Parties s’acquittent de leurs obligations en vertu du paragraphe 1 en conformité avec tout traité d’entraide judiciaire qui peut exister entre eux. En l’absence d’un tel traité, les Etats Parties s’accordent cette entraide en conformité avec leur législation nationale.

Article 13

1. Les Etats Parties collaborent à la prévention des infractions prévues à l’article 3, notamment :

(a) en prenant toutes les mesures possibles afin de prévenir la préparation, sur leurs territoires respectifs, des infractions destinées à être commises à l’intérieur ou en dehors de leurs territoires ;

(b) en échangeant des renseignements en conformité avec les dispositions de leur législation nationale et en coordonnant les mesures administratives et autres prises, le cas échéant, afin de prévenir la perpétration des infractions prévues à l’article 3.

2. Lorsque le voyage d’un navire a été retardé ou interrompu, du fait de la perpétration d’une infraction prévue à l’article 3, tout Etat Partie sur le territoire duquel se trouvent le navire, les passagers ou l’équipage, doit faire tout son possible pour éviter que le navire, ses passagers, son équipage ou sa cargaison ne soient indûment retenus ou retardés.

Article 14

Tout Etat Partie qui a lieu de croire qu’une infraction prévue à l’article 3 sera commise fournit, conformément à sa législation nationale, aussi rapidement que possible, tous renseignements utiles en sa possession aux Etats qui, à son avis, seraient les Etats ayant établi leur compétence conformément à l’article 6.

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Article 15

1. Tout Etat Partie communique aussi rapidement que possible au Secrétaire général, conformément à la législation nationale, tous renseignements utiles en sa possession relatifs :


(b) aux mesures prises en application du paragraphe 2 de l’article 13 ;

(c) aux mesures prises à l’égard de l’auteur ou de l’auteur présumé de l’infraction et, en particulier, au résultat de toute procédure d’extradition ou autre procédure judiciaire.

2. L’Etat Partie dans lequel une action pénale a été engagée contre l’auteur présumé de l’infraction en communique, conformément à sa législation nationale, le résultat définitif au Secrétaire général.

3. Les renseignements communiqués conformément aux paragraphes 1 et 2 sont transmis par le Secrétaire général à tous les Etats Parties, aux Membres de l’Organisation maritime internationale (ci-après dénommée « l’Organisation »), aux autres Etats concernés et aux organisations intergouvernementales internationales appropriées.

Article 16

1. Tout différend entre des Etats Parties concernant l’interprétation ou l’application de la présente Convention qui ne peut pas être réglé par voie de négociation dans un délai raisonnable est soumis à l’arbitrage, à la demande de l’un d’entre eux. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les parties ne parviennent pas à se mettre d’accord sur l’organisation de l’arbitrage, l’une quelconque d’entre elles peut soumettre le différend à la Cour internationale de Justice, en déposant une requête conformément au Statut de la Cour.

2. Tout Etat peut, au moment où il signe, ratifie, accepte ou approuve la présente Convention ou y adhère, déclarer qu’il ne se considère pas lié par l’une quelconque ou par toutes les dispositions du paragraphe 1. Les autres Etats Parties ne sont pas liés par lesdites dispositions envers tout Etat Partie qui a formulé une telle réserve.

3. Tout Etat qui a formulé une réserve conformément aux dispositions du paragraphe 2 peut à tout moment lever cette réserve par une notification adressée au Secrétaire général.

Article 17

1. La présente Convention est ouverte le 10 mars 1988 à Rome à la signature des Etats participant à la Conférence internationale sur la répression d’actes illicites contre la sécurité


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de la navigation maritime et du 14 mars 1988 au 9 mars 1989 au Siège de l’Organisation à la signature de tous les Etats. Elle reste ensuite ouverte à l’adhésion.

2. Les Etats peuvent exprimer leur consentement à être liés par la présente Convention par :

(a) signature sans réserve quant à la ratification, l’acceptation ou l’approbation ; ou

(b) signature sous réserve de ratification, d’acceptation ou d’approbation, suivie de ratification, d’acceptation ou d’approbation ; ou

(c) adhésion.

3. La ratification, l’acceptation, l’approbation ou l’adhésion s’effectuent par le dépôt d’un instrument à cet effet auprès du Secrétaire général.

Article 18

1. La présente Convention entre en vigueur quatre-vingt-dix jours après la date à laquelle quinze Etats ont, soit signé la Convention sans réserve quant à la ratification, l’acceptation ou l’approbation, soit déposé un instrument de ratification, d’acceptation, d’approbation ou d’adhésion.

2. Pour un Etat qui dépose un instrument de ratification, d’acceptation ou d’approbation de la présente Convention ou d’adhésion à celle-ci après que les conditions régissant son entrée en vigueur ont été remplies, la ratification, l’acceptation, l’approbation ou l’adhésion prend effet quatre-vingt-dix jours après la date du dépôt.

Article 19

1. La présente Convention peut être dénoncée par l’un quelconque des Etats Parties à tout moment après l’expiration d’une période de un an à compter de la date à laquelle la présente Convention entre en vigueur à l’égard de cet Etat.

2. La dénonciation s’effectue au moyen du dépôt d’un instrument de dénonciation auprès du Secrétaire général.

3. La dénonciation prend effet un an après la date à laquelle le Secrétaire général a reçu l’instrument de dénonciation ou à l’expiration de tout délai plus long énoncé dans cet instrument.

Article 20

1. Une conférence peut être convoquée par l’Organisation en vue de réviser ou de modifier la présente Convention.

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2. Le Secrétaire général convoque une conférence des Etats Parties à la présente Convention pour réviser ou modifier la Convention, à la demande d’un tiers des Etats Parties ou de dix Etats Parties, si ce dernier chiffre est plus élevé.

3. Tout instrument de ratification, d’acceptation, d’approbation ou d’adhésion déposé après la date d’entrée en vigueur d’un amendement à la présente Convention est réputé s’appliquer à la Convention telle que modifiée.

Article 21

1. La présente Convention est déposée auprès du Secrétaire général.

2. Le Secrétaire général :

(a) informe tous les Etats qui ont signé la présente Convention ou y ont adhéré ainsi que tous les Membres de l’Organisation: i) de toute nouvelle signature ou de tout dépôt d’un nouvel instrument de ratification, d’acceptation, d’approbation ou d’adhésion, ainsi que de leur date; ii) de la date de l’entrée en vigueur de la présente Convention; iii) du dépôt de tout instrument de dénonciation de la présente Convention ainsi que de la date à laquelle il a été reçu et de la date à laquelle la dénonciation prend effet; iv) de la réception de toute déclaration ou notification faite en vertu de la présente Convention;

(b) transmet des copies certifiées conformes de la présente Convention à tous les Etats qui l’ont signée ou qui y ont adhéré.

3. Dès l’entrée en vigueur de la présente Convention, une copie certifiée conforme en est transmise par le Dépositaire au Secrétaire général de l’Organisation des Nations Unies pour être enregistrée et publiée conformément à l’article 102 de la Charte des Nations Unies.

Article 22

La présente Convention est établie en un seul exemplaire original en langues anglaise, arabe, chinoise, espagnole, française et russe, chaque texte faisant également foi.

En foi de quoi, les soussignés, dûment autorisés à cet effet par leurs gouvernements respectifs, ont apposé leur signature à la présente Convention.

Fait à Rome, ce dix mars mil neuf cent quatre-vingt-huit.


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9. Protocole pour la répression d’actes illicites contre la sécurité des platesformes fixes situées sur le plateau continental, 1988

Signé à Rome, le 10 mars 1988 Entré en vigueur : le 1er mars 1992 Nations Unies, Recueil des Traités, vol. 1678, No. 29004 Dépositaire : Secrétaire général de l’Organisation maritime internationale

Les Etats Parties au présent Protocole,

Etant parties à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime,

Reconnaissant que les raisons pour lesquelles la Convention a été élaborée s’appliquent également aux plates-formes fixes situées sur le plateau continental,

Tenant compte des dispositions de ladite Convention,

Affirmant que les questions qui ne sont pas réglementées par le présent Protocole continueront d’être régies par les règles et principes du droit international général,


Article premier

1. Les dispositions des articles 5 et 7 et celles des articles 10 à 16 de la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime (ci-après dénommée « la Convention ») s’appliquent également mutatis mutandis aux infractions prévues à l’article 2 du présent Protocole lorsque ces infractions sont commises à bord ou à l’encontre de plates-formes fixes situées sur le plateau continental.

2. Dans les cas où le présent Protocole n’est pas applicable conformément au paragraphe 1, ses dispositions sont toutefois applicables si l’auteur ou l’auteur présumé de l’infraction est découvert sur le territoire d’un Etat Partie autre que l’Etat dans les eaux intérieures ou dans la mer territoriale duquel la plate-forme fixe est située.

3. Aux fins du présent Protocole, « plate-forme fixe » désigne une île artificielle, une installation ou un ouvrage attaché en permanence au fond de la mer aux fins de l’exploration ou de l’exploitation de ressources ou à d’autres fins économiques.

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Article 2

1. Commet une infraction pénale toute personne qui, illicitement et intentionnellement :

(a) s’empare d’une plate-forme fixe ou en exerce le contrôle par violence ou menace de violence ; ou

(b) accomplit un acte de violence à l’encontre d’une personne se trouvant à bord d’une plate-forme fixe, si cet acte est de nature à compromettre la sécurité de la plate-forme ; ou

(c) détruit une plate-forme fixe ou lui cause des dommages qui sont de nature à compromettre sa sécurité ; ou

(d) place ou fait placer sur une plate-forme fixe, par quelque moyen que ce soit, un dispositif ou une substance propre à détruire la plate-forme fixe ou de nature à compromettre sa sécurité ; ou

(e) blesse ou tue toute personne, lorsque ces faits présentent un lien de connexité avec l’une des infractions prévues aux alinéas a) à d), que celle-ci ait été commise ou tentée.


(a) tente de commettre l’une des infractions prévues au paragraphe 1 ; ou

(b) incite une autre personne à commettre l’une de ces infractions, si l’infraction est effectivement commise, ou est de toute autre manière le complice de la personne qui commet une telle infraction ; ou

(c) menace de commettre l’une quelconque des infractions prévues aux alinéas b) et c) du paragraphe 1, si cette menace est de nature à compromettre la sécurité de la plate-forme fixe, ladite menace étant ou non assortie, selon la législation nationale, d’une condition visant à contraindre une personne physique ou morale à accomplir ou à s’abstenir d’accomplir un acte quelconque.

Article 3

1. Tout Etat Partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues à l’article 2 quand l’infraction est commise :

(a) à l’encontre ou à bord d’une plate-forme fixe alors qu’elle se trouve sur le plateau continental de cet Etat ; ou

(b) par un ressortissant de cet Etat.


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2. Un Etat Partie peut également établir sa compétence aux fins de connaître de l’une quelconque de ces infractions :

(a) lorsqu’elle est commise par une personne apatride qui a sa résidence habituelle dans cet Etat ;

(b) lorsque, au cours de sa perpétration, un ressortissant de cet Etat est retenu, menacé, blessé ou tué ; ou

(c) lorsqu’elle est commise dans le but de contraindre cet Etat à accomplir un acte quelconque ou à s’en abstenir.

3. Tout Etat Partie qui a établi sa compétence pur les cas visés au paragraphe 2 le notifie au Secrétaire général de l’Organisation maritime internationale (dénommé ci-après « le Secrétaire général »). Si ledit Etat Partie abroge ensuite cette législation, il le notifie au Secrétaire général.

4. Tout Etat Partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions prévues à l’article 2 dans les cas où l’auteur présumé de l’infraction se trouve sur son territoire et où il ne l’extrade pas vers l’un quelconque des Etats Parties qui ont établi leur compétence conformément aux paragraphes 1 et 2 du présent article.

5. Le présent Protocole n’écarte aucune compétence pénale exercée conformément à la législation nationale.

Article 4

Aucune disposition du présent Protocole n’affecte de quelque façon que ce soit les règles du droit international concernant les plates-formes fixes situées sur le plateau continental.

Article 5

1. Le présent Protocole est ouvert le 10 mars 1988 à Rome et, du 14 mars 1988 au 9 mars 1989, au Siège de l’Organisation maritime internationale (dénommée ci-après « l’Organisation »), à la signature de tout Etat qui a signé la Convention. Il reste ensuite ouvert à l’adhésion.

2. Les Etats peuvent exprimer leur consentement à être liés par le présent Protocole par :

(a) signature sans réserve quant à la ratification, l’acceptation ou l’approbation ; ou

(b) signature sous réserve de ratification, d’acceptation ou d’approbation, suivie de ratification, d’acceptation ou d’approbation ; ou

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(c) adhésion.


4. Seul un Etat qui a signé la Convention sans réserve quant à la ratification, l’acceptation ou l’approbation ou qui a ratifié, accepté, approuvé la Convention ou y a adhéré, peut devenir Partie au présent Protocole.

Article 6

1. Le présent Protocole entre en vigueur quatre-vingt-dix jours après la date à laquelle trois Etats ont, soit signé le Protocole sans réserve quant à la ratification, l’acceptation ou l’approbation, soit déposé un instrument de ratification, d’acceptation, d’approbation ou d’adhésion. Toutefois, le présent Protocole ne peut entrer en vigueur avant l’entrée en vigueur de la Convention.

3. Pour un Etat qui dépose un instrument de ratification, d’acceptation ou d’approbation du présent Protocole ou d’adhésion à celui-ci après que les conditions régissant son entrée en vigueur ont été remplies, la ratification, l’acceptation, l’approbation ou l’adhésion prend effet quatre-vingt-dix jours après la date du dépôt.

Article 7

1. Le présent Protocole peut être dénoncé par l’un quelconque des Etats Parties à tout moment après l’expiration d’une période de un an à compter de la date à laquelle le présent Protocole entre en vigueur à l’égard de cet Etat.


3. La dénonciation prend effet un an après la date à laquelle le Secrétaire général a reçu l’instrument de dénonciation ou à l’expiration de tout délai plus long énoncé dans cet instrument.

4. Une dénonciation de la Convention par un Etat Partie est réputée être une dénonciation du présent Protocole par cette Partie.

Article 8

1. Une conférence peut être convoquée par l’Organisation en vue de réviser ou de modifier le présent Protocole.


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2. Le Secrétaire général convoque une conférence des Etats Parties au présent Protocole pour réviser ou modifier le Protocole, à la demande d’un tiers des Etats Parties ou de cinq Etats Parties, si ce dernier chiffre est plus élevé.

3. Tout instrument de ratification, d’acceptation, d’approbation ou d’adhésion déposé après la date d’entrée en vigueur d’un amendement au présent Protocole est réputé s’appliquer au Protocole tel que modifié.

Article 9

1. Le présent Protocole est déposé auprès du Secrétaire général.


(a) informe tous les Etats qui ont signé le présent Protocole ou y ont adhéré ainsi que tous les Membres de l’Organisation : i) de toute nouvelle signature ou de tout dépôt d’un nouvel instrument de ratification, d’acceptation, d’approbation ou d’adhésion, ainsi que de leur date; ii) de la date d’entrée en vigueur du présent Protocole; iii) du dépôt de tout instrument de dénonciation du présent Protocole ainsi que de la date à laquelle il a été reçu et de la date à laquelle la dénonciation prend effet; iv) de la réception de toute déclaration ou notification faite en vertu du présent Protocole ou de la Convention, concernant le présent Protocole;

(b) transmet des copies certifiées conformes du présent Protocole à tous les Etats qui l’ont signé ou qui y ont adhéré.

3. Dès l’entrée en vigueur du présent Protocole, une copie certifiée conforme en est transmise par le Dépositaire au Secrétaire général de l’Organisation des Nations Unies pour être enregistrée et publiée conformément à l’article 102 de la Charte des Nations Unies.

Article 10

Le présent Protocole est établi en un seul exemplaire original en langues anglaise, arabe, chinoise, espagnole, française et russe, chaque texte faisant également foi.

En foi de quoi, les soussignés, dûment autorisés à cet effet par leurs gouvernements respectifs, ont apposé leur signature au présent Protocole.

Fait à Rome ce dix mars mil neuf cent quatre-vingt-huit.

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10. Convention sur le marquage des explosifs plastiques et en feuilles aux fins de détection, 1991

Signée à Montréal, le 1er mars 1991 Entrée en vigueur : le 21 juin 1998 Nations Unies, Recueil des Traités, vol. 2122, No. 36984 Dépositaire : Organisation de l’aviation civile internationale


Conscients des incidences des actes de terrorisme sur la sécurité dans le monde,

Exprimant leurs vives préoccupations face aux actes de terrorisme ayant pour but la destruction totale d’aéronefs, d’autres moyens de transport et d’autres cibles,

Préoccupés par le fait que des explosifs plastiques et en feuilles ont été utilisés pour l’accomplissement de tels actes de terrorisme,

Considérant que le marquage des explosifs aux fins de détection contribuerait grandement à la prévention de ces actes illicites,

Reconnaissant qu’afin de prévenir ces actes illicites, il est nécessaire d’établir d’urgence un instrument international obligeant les Etats à adopter des mesures de nature à garantir que les explosifs plastiques et en feuilles soient dûment marqués,

Considérant la Résolution 635 du Conseil de sécurité des Nations Unies du 14 juin 1989, ainsi que la Résolution 44/29 de l’Assemblée générale des Nations Unies du 4 décembre 1989 priant instamment l’Organisation de l’aviation civile internationale d’intensifier les travaux qu’elle mène pour mettre au point un régime international de marquage des explosifs plastiques ou en feuilles aux fins de détection,

Tenant compte de la Résolution A27-8 adoptée à l’unanimité par l’Assemblée (27e session) de l’Organisation de l’aviation civile internationale, qui a approuvé, en lui attribuant la priorité absolue, la préparation d’un nouvel instrument international concernant le marquage des explosifs plastiques ou en feuilles aux fins de détection,

Notant avec satisfaction le rôle joué par le Conseil de l’Organisation de l’aviation civile internationale dans la préparation de la convention ainsi que sa volonté d’assumer les fonctions liées à la mise en application de cette convention,



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Article premier


1. Par « explosifs », il faut entendre les produits explosifs communément appelés "explosifs plastiques", y compris les explosifs sous forme de feuille souple ou élastique, qui sont décrits dans l’annexe technique à la présente Convention.

2. Par « agent de détection », il faut entendre une substance décrite dans l’annexe technique à la présente convention qui est ajoutée à un explosif pour le rendre détectable.

3. Par « marquage », il faut entendre l’adjonction à un explosif d’un agent de détection conformément à l’annexe technique à la présente Convention.

4. Par « fabrication », il faut entendre tout processus, y compris le retraitement, qui aboutit à la fabrication d’explosifs.

5. Les « engins militaires dûment autorisés » comprennent, sans que la liste soit exhaustive, les obus, bombes, projectiles, mines, missiles, roquettes, charges creuses, grenades et perforateurs fabriqués exclusivement à des fins militaires ou de police conformément aux lois et règlements de l’Etat partie concerné.

6. Par « Etat producteur », il faut entendre tout Etat sur le territoire duquel des explosifs sont fabriqués.

Article 2

Tout Etat partie prend les mesures nécessaires et effectives pour interdire et empêcher la fabrication sur son territoire d’explosifs non marqués.

Article 3

1. Tout Etat partie prend les mesures nécessaires et effectives pour interdire et empêcher l’entrée sur son territoire ou la sortie de son territoire, d’explosifs non marqués.

2. Le paragraphe précédent ne s’applique pas aux déplacements, à des fins non contraires aux objectifs de la présente Convention, par les autorités d’un Etat partie exerçant des fonctions militaires ou de police, des explosifs non marqués sur lesquels cet Etat partie exerce un contrôle conformément au paragraphe 1 de l’article 4.

Article 4

1. Tout Etat partie prend les mesures nécessaires pour exercer un contrôle strict et effectif sur la détention et les échanges des explosifs non marqués qui ont été fabriqués ou introduits sur son territoire avant l’entrée en vigueur de la présente Convention à l’égard de cet Etat,

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pour empêcher qu’ils soient détournés ou utilisés à des fins contraires aux objectifs de la présente Convention.

2. Tout Etat partie prend les mesures nécessaires pour faire en sorte que tous les stocks d’explosifs dont il est question au paragraphe 1 du présent article qui ne sont pas détenus par ses autorités exerçant des fonctions militaires ou de police, soient détruits ou utilisés à des fins non contraires aux objectifs de la présente Convention, marqués ou rendus définitivement inoffensifs, dans un délai de trois ans à partir de l’entrée en vigueur de la présente Convention à l’égard de cet Etat.

3. Tout Etat partie prend les mesures nécessaires pour faire en sorte que tous les stocks d’explosifs dont il est question au paragraphe 1 du présent article qui sont détenus par ses autorités exerçant des fonctions militaires ou de police et qui ne sont pas incorporés en tant que partie intégrante dans des engins militaires dûment autorisés, soient détruits ou utilisés à des fins non contraires aux objectifs de la présente Convention, marqués ou rendus définitivement inoffensifs, dans un délai de quinze ans à partir de l’entrée en vigueur de la présente Convention à l’égard de cet Etat.

4. Tout Etat partie prend les mesures nécessaires pour s’assurer de la destruction, dès que possible, sur son territoire des explosifs non marqués qui peuvent y être découverts et qui ne sont pas visés par les dispositions des paragraphes précédents du présent article, autres que les stocks d’explosifs non marqués détenus par ses autorités exerçant des fonctions militaires ou de police et incorporés en tant que partie intégrante dans des engins militaires dûment autorisés à la date de l’entrée en vigueur de la présente Convention à l’égard de cet Etat.

5. Tout Etat partie prend les mesures nécessaires pour exercer un contrôle strict et effectif sur la détention et les échanges des explosifs visés au paragraphe II de la 1ère Partie de l’annexe technique à la présente Convention pour empêcher qu’ils ne soient détournés ou utilisés à des fins contraires aux objectifs de la présente Convention.

6. Tout Etat partie prend les mesures nécessaires pour s’assurer de la destruction, dès que possible, sur son territoire, des explosifs non marqués fabriqués depuis l’entrée en vigueur de la présente Convention à l’égard de cet Etat et qui n’ont pas été incorporés de la manière indiquée à l’alinéa (d) du paragraphe II de la 1ère Partie de l’annexe technique à la présente Convention, et des explosifs non marqués qui ne relèvent plus d’aucun autre alinéa dudit paragraphe II.

Article 5

1. Il est établi par la présente Convention une Commission internationale technique des explosifs (appelée ci-après « la commission »), composée d’au moins quinze membres et d’au plus dix-neuf membres nommés par le Conseil de l’Organisation de l’aviation civile internationale (appelé ci-après « le Conseil ») parmi des personnes proposées par les Etats parties à la présente Convention.


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2. Les membres de la commission sont des experts ayant une expérience directe et substantielle dans les domaines de la fabrication ou de la détection des explosifs, ou des recherches sur les explosifs.

3. Les membres de la commission sont nommés pour une période de trois ans et peuvent être reconduits dans leur mandat.

4. Les sessions de la commission sont convoquées au moins une fois par an au siège de l’Organisation de l’aviation civile internationale ou aux lieux et dates fixés ou approuvés par le Conseil.

5. La commission adopte son règlement intérieur, sous réserve de l’approbation du Conseil.

Article 6

1. La commission évalue l’évolution technique de la fabrication, du marquage et de la détection des explosifs.

2. La commission, par l’entremise du Conseil, communique ses conclusions aux Etats parties et aux organisations internationales intéressées.

3. Au besoin, la commission présente au Conseil des recommandations concernant des amendements de l’annexe technique à la présente Convention. La commission s’efforce de prendre ses décisions sur ces recommandations par consensus. En l’absence de consensus, ces décisions sont prises à la majorité des deux tiers des membres de la commission.

4. Le Conseil peut, sur la recommandation de la commission, proposer aux Etats parties des amendements de l’annexe technique à la présente Convention.

Article 7

1. Tout Etat partie peut, dans les quatre-vingt-dix jours suivant la date de la notification d’une proposition d’amendement de l’annexe technique à la présente Convention, communiquer ses observations au Conseil. Le Conseil transmet ces observations dès que possible à la commission afin qu’elle les examine. Le Conseil invite tout Etat partie qui formule des observations ou des objections au sujet de l’amendement proposé à consulter la commission.

2. La commission examine les avis des Etats parties exprimés conformément au paragraphe précédent et fait rapport au Conseil. Le Conseil, après examen du rapport de la commission, et compte tenu de la nature de l’amendement et des observations des Etats parties, y compris les Etats producteurs, peut proposer l’amendement à l’adoption de tous les Etats parties.

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3. Si l’amendement proposé n’a pas été rejeté par cinq Etats parties ou davantage par notification écrite adressée au Conseil dans les quatre-vingt dix jours suivant la date de la notification de l’amendement par le Conseil, il est considéré comme ayant été adopté et entre en vigueur cent quatre vingt jours plus tard ou après toute autre période prévue dans l’amendement proposé pour les Etats parties qui ne l’auraient pas rejeté expressément.

4. Les Etats parties qui auraient rejeté expressément l’amendement proposé pourront par la suite, en déposant un instrument d’acceptation ou d’approbation, exprimer leur consentement de façon à être liés par les dispositions de l’amendement.

5. Si cinq Etats parties ou davantage s’opposent à l’amendement proposé, le Conseil le renvoie à la commission pour complément d’examen.

6. Si l’amendement proposé n’a pas été adopté conformément au paragraphe 3 du présent article, le Conseil peut également convoquer une conférence de tous les Etats parties.

Article 8

1. Les Etats parties communiquent au Conseil, si possible, des informations qui aideraient la commission à s’acquitter de ses fonctions aux termes du paragraphe 1 de l’article 6.

2. Les Etats parties tiennent le Conseil informé des mesures qu’ils ont prises pour mettre en œuvre les dispositions de la présente Convention. Le Conseil communique ces renseignements à tous les Etats parties et aux organisations internationales intéressées.

Article 9

Le Conseil, en coopération avec les Etats parties et les organisations internationales intéressées, prend les mesures appropriées pour faciliter la mise en œuvre de la présente Convention, y compris l’octroi d’une assistance technique et les mesures permettant l’échange de renseignements sur l’évolution technique du marquage et de la détection des explosifs.

Article 10

L’annexe technique à la présente Convention fait partie intégrante de celle-ci.

Article 11

1. Tout différend entre les Etats parties concernant l’interprétation ou l’application de la présente Convention qui ne peut pas être réglé par voie de négociation est soumis à l’arbitrage, à la demande de l’un d’entre eux. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les Parties ne parviennent pas à se mettre d’accord sur l’organisation de l’arbitrage, l’une quelconque d’entre elles peut soumettre le différend à la Cour internationale de justice, en déposant une requête conformément au Statut de la Cour.


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2. Chaque Etat partie pourra, au moment où il signera, ratifiera, acceptera ou approuvera la présente convention ou y adhérera, déclarer qu’il ne se considère pas lié par les dispositions du paragraphe précédent. Les autres Etats parties ne seront pas liés par les dites dispositions envers tout Etat partie qui aura formulé une telle réserve.

3. Tout Etat partie qui aura formulé une réserve conformément aux dispositions du paragraphe précédent pourra à tout moment lever cette réserve par une notification adressée au dépositaire.

Article 12

Sauf dans les cas prévus à l’article 11, il ne peut être formulé aucune réserve à la présente Convention.

Article 13

1. La présente Convention sera ouverte le 1er mars 1991 à Montréal à la signature des Etats participant à la Conférence internationale de droit aérien tenue à Montréal du 12 février au 1er mars 1991. Après le 1er mars 1991, elle sera ouverte à la signature de tous les Etats au siège de l’Organisation de l’aviation civile internationale jusqu’à ce qu’elle entre en vigueur conformément au paragraphe 3 du présent article. Tout Etat qui n’aura pas signé la Convention pourra y adhérer à tout moment.

2. La présente Convention est soumise à la ratification, à l’acceptation, à l’approbation ou à l’adhésion des Etats. Les instruments de ratification, d’acceptation, d’approbation ou d’adhésion seront déposés auprès de l’Organisation de l’aviation civile internationale, qui est désignée par les présentes comme dépositaire. En déposant son instrument de ratification, d’acceptation, d’approbation ou d’adhésion, chaque Etat déclare s’il est ou non un Etat producteur.

3. La présente Convention entre en vigueur le soixantième jour qui suit la date du dépôt du trente-cinquième instrument de ratification, d’acceptation, d’approbation ou d’adhésion auprès du dépositaire, à condition que cinq au moins de ces Etats aient déclaré conformément au paragraphe 2 du présent article qu’ils sont des Etats producteurs. Si trente-cinq instruments de ratification sont déposés avant le dépôt de leurs instruments par cinq Etats producteurs, la présente Convention entre en vigueur le soixantième jour qui suit la date du dépôt de l’instrument de ratification, d’acceptation, d’approbation ou d’adhésion du cinquième Etat producteur.

4. Pour les autres Etats, la présente Convention entrera en vigueur soixante jours après la date du dépôt de leurs instruments de ratification, d’acceptation, d’approbation ou d’adhésion.

5. Dès son entrée en vigueur, la présente Convention sera enregistrée par le dépositaire conformément aux dispositions de l’article 102 de la Charte des Nations Unies et

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conformément aux dispositions de l’article 83 de la Convention relative à l’aviation civile internationale (Chicago, 1944).

Article 14

Le dépositaire notifie sans retard à tous les signataires et Etats parties :

1. chaque signature de la présente Convention et la date de signature;

2. chaque dépôt d’un instrument de ratification, d’acceptation, d’approbation ou d’adhésion, ainsi que la date du dépôt, en indiquant expressément si l’Etat s’est déclaré être un Etat producteur;

3. la date d’entrée en vigueur de la présente Convention;

4. la date d’entrée en vigueur de tout amendement de la présente Convention ou de son annexe technique;

5. toute dénonciation faite en vertu de l’article 15;

6. toute déclaration faite en vertu du paragraphe 2 de l’article 11.

Article 15

1. Tout Etat partie peut dénoncer la présente Convention par voie de notification écrite adressée au dépositaire.

2. La dénonciation prendra effet cent quatre-vingts jours après la date à laquelle la notification aura été reçue par le dépositaire.


Fait à Montréal, le premier jour du mois de mars de l’an mil neuf cent quatre-vingt-onze, en un exemplaire original comprenant cinq textes faisant également foi, rédigés dans les langues française, anglaise, espagnole, russe et arabe.


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Annexe technique

1ère Partie : description des explosifs

I. Les explosifs visés au paragraphe 1 de l’article 1 de la présente Convention sont ceux qui :

(a) sont composés d’un ou plusieurs explosifs puissants qui, dans leur forme pure, ont une pression de vapeur de moins de 10-4Pa à la température de 25°C,

(b) dans leur formulation, comprennent un liant, et

(c) sont, une fois mélangés, malléables ou souples à la température normale d’intérieur.

II. Les explosifs suivants, mêmes s’ils répondent à la description des explosifs qui est donnée au paragraphe I de la présente partie, ne sont pas considérés comme explosifs tant qu’ils continuent à être détenus ou utilisés aux fins mentionnées ci-après ou restent incorporés de la manière indiquée, à savoir les explosifs qui :

(a) sont fabriqués, ou détenus, en quantité limitée pour laboratoire uniquement aux fins de travaux dûment autorisés de recherche, de développement ou d’essais d’explosifs nouveaux ou modifiés;

(b) sont fabriqués, ou détenus, en quantité limitée pour laboratoire uniquement aux fins d’activités dûment autorisées de formation à la détection des explosifs et/ou de mise au point ou d’essai de matériel de détection d’explosifs;

(c) sont fabriqués, ou détenus, en quantité limitée pour laboratoire uniquement à des fins dûment autorisées de sciences judiciaires; ou

(d) sont destinés à être incorporés ou sont incorporés en tant que partie intégrante dans des engins militaires dûment autorisés, sur le territoire de l’Etat de fabrication, dans les trois ans qui suivent l’entrée en vigueur de la présente convention à l’égard dudit Etat. Les engins ainsi produits pendant cette période de trois ans sont considérés être des engins militaires dûment autorisés aux termes du paragraphe 4 de l’article 4 de la présente Convention.

III. Dans la présente partie:

Par l’expression « dûment autorisé(es) » employée aux alinéas (a), (b) et (c) du paragraphe II, il faut entendre permis(es) par les dispositions législatives et réglementaires de l’Etat partie concerné;

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L’expression « explosifs puissants » s’entend notamment de la cyclotétraméthylène-tétranitramine (octogène, HMX), du tétranitrate de pentaérythritol (penthrite, PETN) et de la cyclotriméthylène-trinitramine (hexogène, RDX).

2ème Partie : agents de détection

Un agent de détection est une des substances énumérées dans le tableau ci-après. Les agents de détection décrits dans le tableau ci-dessous sont destinés à être utilisés pour rendre les explosifs plus détectables au moyen de la détection de vapeur. Dans chaque cas, l’introduction d’un agent de détection dans un explosif se fait de façon à réaliser une répartition homogène dans le produit fini. La concentration minimale d’un agent de détection dans le produit fini au moment de la fabrication est celle qui est indiquée dans le tableau.

Tableau

Désignation

de l’agent de détection

Formule

moléculaire

Poids

moléculaire

Concentration

minimale

Dinitrate d’éthylène-glycol (EGDN) C2H4(NO3)2 152 0.2% en masse

2,3-Diméthyl-2,3-dinitrobutane (DMNB) C6H12(NO2)2 176 0,1% en masse

para-Mononitrotoluène (p-MNT) C7H7NO2 137 0,5% en masse

ortho-Mononitrotoluène (o-MNT) C7H7NO2 137 0,5% en masse

Tout explosif qui, de par sa composition naturelle, contient un des agents de détection désignés à une concentration égale ou supérieure à la concentration minimale requise, est considéré comme étant marqué.


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11. Convention internationale pour la répression des attentats terroristes à l’explosif, 1997

Adoptée par l’Assemblée générale des Nations unies, le 15 décembre 1997 Entrée en vigueur : le 23 mai 2001 Nations Unies, Recueil des Traités, vol. 2149, No. 37517 Dépositaire : Secrétaire général des Nations Unies


Ayant présents à l’esprit les buts et principes de la Charte des Nations Unies concernant le maintien de la paix et de la sécurité internationales et le développement des relations de bon voisinage, d’amitié et de coopération entre les Etats,

Profondément préoccupés par la multiplication, dans le monde entier, des actes de terrorisme sous toutes ses formes et manifestations,

Rappelant la Déclaration du cinquantième anniversaire de l’Organisation des Nations Unies, en date du 24 octobre 1995,

Rappelant également la Déclaration sur les mesures visant à éliminer le terrorisme international annexée à la résolution 49/60 que l’Assemblée générale des Nations Unies a adoptée le 9 décembre 1994, dans laquelle les « Etats Membres de l’Organisation des Nations Unies réaffirment solennellement leur condamnation catégorique, comme criminels et injustifiables, de tous les actes, méthodes et pratiques terroristes, où qu’ils se produisent et quels qu’en soient les auteurs, notamment ceux qui compromettent les relations amicales entre les Etats et les peuples et menacent l’intégrité territoriale et la sécurité des Etats »,

Notant que la Déclaration invite par ailleurs les Etats « à examiner d’urgence la portée des dispositions juridiques internationales en vigueur qui concernent la prévention, la répression et l’élimination du terrorisme sous toutes ses formes et manifestations, afin de s’assurer qu’il existe un cadre juridique général couvrant tous les aspects de la question »,

Rappelant en outre la résolution 51/210 du 17 décembre 1996 et la Déclaration complétant la Déclaration de 1994 sur les mesures visant à éliminer le terrorisme international qui y est annexée,

Notant également que les attentats terroristes perpétrés au moyen d’engins explosifs ou d’autres engins meurtriers sont de plus en plus courants,

Notant en outre que les instruments juridiques multilatéraux existants ne traitent pas de manière adéquate de ce type d’attentat,

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Convaincus de la nécessité urgente de développer une coopération internationale entre les Etats pour l’élaboration et l’adoption de mesures efficaces destinées à prévenir ce type d’actes terroristes et à en poursuivre et punir les auteurs,

Considérant que ces attentats sont un sujet de vive préoccupation pour la communauté internationale tout entière,

Notant que les activités des forces armées des Etats sont régies par des règles de droit international qui se situent hors du cadre de la présente Convention et que l’exclusion de certains actes du champ d’application de la Convention n’excuse ni ne rend licites des actes par ailleurs illicites et n’empêche pas davantage l’exercice de poursuites sous l’empire d’autres lois,


Article premier


1. « Installation gouvernementale ou publique » s’entend de tout équipement ou de tout moyen de transport de caractère permanent ou temporaire qui est utilisé ou occupé par des représentants d’un Etat, des membres du gouvernement, du parlement ou de la magistrature, ou des agents ou personnels d’un Etat ou de toute autre autorité ou entité publique, ou par des agents ou personnels d’une organisation intergouvernementale, dans le cadre de leurs fonctions officielles.

2. « Infrastructure » s’entend de tout équipement public ou privé fournissant des services d’utilité publique, tels l’adduction d’eau, l’évacuation des eaux usées, l’énergie, le combustible ou les communications.

3. « Engin explosif ou autre engin meurtrier » s’entend :

(a) de toute arme ou de tout engin explosif ou incendiaire qui est conçu pour provoquer la mort, des dommages corporels graves ou d’importants dégâts matériels, ou qui en a la capacité ; ou

(b) de toute arme ou de tout engin qui est conçu pour provoquer la mort, des dommages corporels graves ou d’importants dégâts matériels, ou qui en a la capacité, par l’émission, la dissémination ou l’impact de produits chimiques toxiques, d’agents biologiques, toxines ou substances analogues ou de rayonnements ou de matières radioactives.

4. « Forces armées d’un Etat » s’entend des forces qu’un Etat organise, entraîne et équipe conformément à son droit interne essentiellement aux fins de la défense nationale ou de la


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sécurité nationale, ainsi que des personnes qui agissent à l’appui desdites forces armées et qui sont placées officiellement sous leur commandement, leur autorité et leur responsabilité.

5. « Lieu public » s’entend des parties de tout bâtiment, terrain, voie publique, cours d’eau, et autre endroit qui sont accessibles ou ouvertes au public, de façon continue, périodique ou occasionnelle, et comprend tout lieu à usage commercial, culturel, historique, éducatif, religieux, officiel, ludique, récréatif ou autre qui est ainsi accessible ou ouvert au public.

6. « Système de transport public » s’entend de tous les équipements, véhicules et moyens, publics ou privés, qui sont utilisés dans le cadre de services de transport de personnes ou de marchandises accessibles au public.

Article 2

1. Commet une infraction au sens de la présente Convention toute personne qui illicitement et intentionnellement livre, pose, ou fait exploser ou détonner un engin explosif ou autre engin meurtrier dans ou contre un lieu public, une installation gouvernementale ou une autre installation publique, un système de transport public ou une infrastructure :

(a) dans l’intention de provoquer la mort ou des dommages corporels graves ; ou

(b) dans l’intention de causer des destructions massives de ce lieu, de cette installation, de ce système ou de cette infrastructure, lorsque ces destructions entraînent ou risquent d’entraîner des pertes économiques considérables.

2. Commet également une infraction quiconque tente de commettre une infraction au sens du paragraphe 1 du présent article.

3. Commet également une infraction quiconque :

(a) se rend complice d’une infraction au sens des paragraphes 1 ou 2 du présent article; ou

(b) organise la commission d’une infraction au sens des paragraphes 1 ou 2 du présent article ou donne l’ordre à d’autres personnes de la commettre; ou

(c) contribue de toute autre manière à la commission de l’une ou plusieurs des infractions visées aux paragraphes 1 ou 2 du présent article par un groupe de personnes agissant de concert; sa contribution doit être délibérée et faite soit pour faciliter l’activité criminelle générale du groupe ou en servir les buts, soit en pleine connaissance de l’intention du groupe de commettre l’infraction ou les infractions visées.

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Article 3

La présente Convention ne s’applique pas lorsque l’infraction est commise à l’intérieur d’un seul Etat, que l’auteur présumé et les victimes de l’infraction sont des nationaux de cet Etat, que l’auteur présumé de l’infraction se trouve sur le territoire de cet Etat, et qu’aucun autre Etat n’a de raison, en vertu du paragraphe 1 ou du paragraphe 2 de l’article 6 de la présente Convention, d’établir sa compétence étant entendu que les dispositions des articles 10 à 15, selon qu’il convient, s’appliquent en pareil cas.

Article 4

Chaque Etat partie prend les mesures qui peuvent être nécessaires pour :

(a) qualifier d’infraction pénale au regard de son droit interne les infractions visées à l’article 2 de la présente Convention;

(b) réprimer lesdites infractions par des peines prenant dûment en compte leur gravité.

Article 5

Chaque Etat partie adopte les mesures qui peuvent être nécessaires, y compris, s’il y a lieu, une législation interne, pour assurer que les actes criminels relevant de la présente Convention, en particulier ceux qui sont conçus ou calculés pour provoquer la terreur dans la population, un groupe de personnes ou chez des individus ne puissent en aucune circonstance être justifiés par des considérations de nature politique, philosophique, idéologique, raciale, ethnique, religieuse ou d’autres motifs analogues, et qu’ils soient passibles de peines à la mesure de leur gravité.

Article 6

1. Chaque Etat partie adopte les mesures qui peuvent être nécessaires pour établir sa compétence en ce qui concerne les infractions visées à l’article 2 lorsque :

(a) l’infraction a été commise sur son territoire ;

(b) l’infraction a été commise à bord d’un navire battant son pavillon ou d’un aéronef immatriculé conformément à sa législation au moment où l’infraction a été commise ;

(c) l’infraction a été commise par l’un de ses ressortissants.

2. Chaque Etat partie peut également établir sa compétence sur de telles infractions lorsque :

(a) l’infraction est commise contre l’un de ses ressortissants ;


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(b) l’infraction est commise contre une installation publique dudit Etat située en dehors de son territoire, y compris une ambassade ou des locaux diplomatiques ou consulaires dudit Etat ;

(c) l’infraction est commise par un apatride qui a sa résidence habituelle sur son territoire ;

(d) l’infraction est commise avec pour objectif de contraindre ledit Etat à accomplir un acte quelconque ou à s’en abstenir ;

(e) l’infraction est commise à bord d’un aéronef exploité par le gouvernement dudit Etat.

3. Lors de la ratification, de l’acceptation ou de l’approbation de la présente Convention ou de l’adhésion à celle-ci, chaque Etat partie informe le Secrétaire général de l’Organisation des Nations Unies de la compétence qu’il a établie en vertu de sa législation interne conformément au paragraphe 2 du présent article. En cas de modification, l’Etat partie concerné en informe immédiatement le Secrétaire général.

4. Chaque Etat partie adopte également les mesures qui peuvent être nécessaires pour établir sa compétence en ce qui concerne les infractions visées à l’article 2 dans les cas où l’auteur présumé de l’infraction se trouve sur son territoire et où il ne l’extrade pas vers l’un quelconque des Etats parties qui ont établi leur compétence conformément aux paragraphes 1 et 2 du présent article.

5. La présente Convention n’exclut l’exercice d’aucune compétence pénale établie par un Etat partie conformément à son droit interne.

Article 7

1. Lorsqu’il est informé que l’auteur ou l’auteur présumé d’une infraction visée à l’article 2 pourrait se trouver sur son territoire, l’Etat partie concerné prend les mesures qui peuvent être nécessaires conformément à sa législation interne pour enquêter sur les faits portés à sa connaissance.

2. S’il estime que les circonstances le justifient, l’Etat partie sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction prend les mesures appropriées en vertu de sa législation interne pour assurer la présence de cette personne aux fins de poursuites ou d’extradition.


(a) de communiquer sans retard avec le plus proche représentant qualifié de l’Etat dont elle a la nationalité ou qui est autrement habilité à protéger les droits de ladite personne

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ou, s’il s’agit d’une personne apatride, de l’Etat sur le territoire duquel elle a sa résidence habituelle ;

(b) de recevoir la visite d’un représentant de cet Etat ;

(c) d’être informée des droits que lui confèrent les alinéas a et b.

4. Les droits visés au paragraphe 3 du présent article s’exercent dans le cadre des lois et règlements de l’Etat sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction, étant entendu toutefois que ces lois et règlements doivent permettre la pleine réalisation des fins pour lesquelles les droits sont accordés en vertu du paragraphe 3.

5. Les dispositions des paragraphes 3 et 4 du présent article sont sans préjudice du droit de tout Etat partie ayant établi sa compétence conformément à l’alinéa c du paragraphe 1 ou à l’alinéa c du paragraphe 2 de l’article 6 d’inviter le Comité international de la Croix-Rouge à communiquer avec l’auteur présumé de l’infraction et à lui rendre visite.

6. Lorsqu’un Etat partie a placé une personne en détention conformément aux dispositions du présent article, il avise immédiatement de cette détention, ainsi que des circonstances qui la justifient, directement ou par l’intermédiaire du Secrétaire général de l’Organisation des Nations Unies, les Etats parties qui ont établi leur compétence conformément aux paragraphes 1 et 2 de l’article 6 et, s’il le juge opportun, tous autres Etats parties intéressés. L’Etat qui procède à l’enquête visée au paragraphe 1 du présent article en communique rapidement les conclusions aux dits Etats parties et leur indique s’il entend exercer sa compétence.

Article 8

1. Dans les cas où les dispositions de l’article 6 sont applicables, l’Etat partie sur le territoire duquel se trouve l’auteur présumé de l’infraction est tenu, s’il ne l’extrade pas, de soumettre l’affaire, sans retard excessif et sans aucune exception, que l’infraction ait été ou non commise sur son territoire, à ses autorités compétentes pour l’exercice de l’action pénale selon une procédure conforme à la législation de cet Etat. Ces autorités prennent leur décision dans les mêmes conditions que pour toute autre infraction de caractère grave conformément aux lois de cet Etat.

2. Chaque fois que, en vertu de sa législation interne, un Etat partie n’est autorisé à extrader ou à remettre un de ses ressortissants qu’à la condition que l’intéressé lui sera remis pour purger la peine qui lui a été imposée à l’issue du procès ou de la procédure pour lesquels l’extradition ou la remise avait été demandée, et que cet Etat et l’Etat requérant l’extradition acceptent cette formule et les autres conditions qu’ils peuvent juger appropriées, l’extradition ou la remise conditionnelle suffit pour dispenser l’Etat partie requis de l’obligation prévue au paragraphe 1 du présent article.


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Article 9

1. Les infractions prévues à l’article 2 sont de plein droit considérées comme cas d’extradition dans tout traité d’extradition conclu entre Etats parties avant l’entrée en vigueur de la présente Convention. Les Etats parties s’engagent à considérer ces infractions comme cas d’extradition dans tout traité d’extradition à conclure par la suite entre eux.

2. Lorsqu’un Etat partie qui subordonne l’extradition à l’existence d’un traité est saisi d’une demande d’extradition par un autre Etat partie avec lequel il n’est pas lié par un traité d’extradition, l’Etat partie requis a la latitude de considérer la présente Convention comme constituant la base juridique de l’extradition en ce qui concerne les infractions prévues à l’article 2. L’extradition est subordonnée aux autres conditions prévues par la législation de l’Etat requis.

3. Les Etats parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent les infractions prévues à l’article 2 comme cas d’extradition entre eux dans les conditions prévues par la législation de l’Etat requis.

4. Les infractions prévues à l’article 2 sont, le cas échéant, considérées aux fins d’extradition entre Etats parties comme ayant été commises tant au lieu de leur perpétration que sur le territoire des Etats ayant établi leur compétence conformément aux paragraphes 1 et 2 de l’article 6.

5. Les dispositions de tous les traités ou accords d’extradition conclus entre Etats parties relatives aux infractions visées à l’article 2 sont réputées être modifiées entre Etats parties dans la mesure où elles sont incompatibles avec la présente Convention.

Article 10

1. Les Etats parties s’accordent l’entraide judiciaire la plus large possible pour toute enquête ou procédure pénale ou procédure d’extradition relative aux infractions visées à l’article 2, y compris pour l’obtention des éléments de preuve dont ils disposent et qui sont nécessaires aux fins de la procédure.

2. Les Etats parties s’acquittent des obligations qui leur incombent en vertu du paragraphe 1 du présent article en conformité avec tout traité ou accord d’entraide judiciaire qui peut exister entre eux. En l’absence d’un tel traité ou accord, les Etats parties s’accordent cette entraide en conformité avec leur législation interne.

Article 11

Pour les besoins de l’extradition ou de l’entraide judiciaire entre Etats parties, aucune des infractions visées à l’article 2 n’est considérée comme une infraction politique, comme une infraction connexe à une infraction politique ou comme une infraction inspirée par des mobiles politiques. En conséquence, une demande d’extradition ou d’entraide judiciaire

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fondée sur une telle infraction ne peut être refusée pour la seule raison qu’elle concerne une infraction politique, une infraction connexe à une infraction politique, ou une infraction inspirée par des mobiles politiques.

Article 12

Aucune disposition de la présente Convention ne doit être interprétée comme impliquant une obligation d’extradition ou d’entraide judiciaire si l’Etat partie requis a des raisons sérieuses de croire que la demande d’extradition pour les infractions visées à l’article 2 ou la demande d’entraide concernant de telles infractions a été présentée aux fins de poursuivre ou de punir une personne pour des considérations de race, de religion, de nationalité, d’origine ethnique ou d’opinions politiques, ou que donner suite à cette demande porterait préjudice à la situation de cette personne pour l’une quelconque de ces considérations.

Article 13

1. Toute personne détenue ou purgeant une peine sur le territoire d’un Etat partie dont la présence dans un autre Etat partie est requise aux fins de témoignage ou d’identification ou en vue d’apporter son concours à l’établissement des faits dans le cadre de l’enquête ou des poursuites engagées en vertu de la présente Convention peut faire l’objet d’un transfert si les conditions ci-après sont réunies :

(a) ladite personne y donne librement son consentement en toute connaissance de cause; et

(b) les autorités compétentes des deux Etats concernés y consentent, sous réserve des conditions qu’ils peuvent juger appropriées.

2. Aux fins du présent article :

(a) L’Etat vers lequel le transfert est effectué a le pouvoir et l’obligation de garder l’intéressé en détention, sauf demande ou autorisation contraire de la part de l’Etat à partir duquel la personne a été transférée ;

(b) L’Etat vers lequel le transfert est effectué s’acquitte sans retard de l’obligation de remettre l’intéressé à la garde de l’Etat à partir duquel le transfert a été effectué, conformément à ce qui aura été convenu au préalable ou à ce que les autorités compétentes des deux Etats auront autrement décidé ;

(c) L’Etat vers lequel le transfert est effectué ne peut exiger de l’Etat à partir duquel le transfert est effectué qu’il engage une procédure d’extradition concernant l’intéressé ;


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(d) Il est tenu compte de la période que l’intéressé a passée en détention dans l’Etat vers lequel il a été transféré aux fins du décompte de la peine à purger dans l’Etat à partir duquel il a été transféré.

3. À moins que l’Etat partie à partir duquel une personne doit être transférée, conformément aux dispositions du présent article, ne donne son accord, ladite personne, quelle qu’en soit la nationalité, ne peut pas être poursuivie ou détenue ou soumise à d’autres restrictions à sa liberté de mouvement sur le territoire de l’Etat auquel elle est transférée à raison d’actes ou condamnations antérieures à son départ du territoire de l’Etat à partir duquel elle a été transférée.

Article 14

Toute personne placée en détention ou contre laquelle toute autre mesure est prise ou une procédure est engagée en vertu de la présente Convention se voit garantir un traitement équitable et tous les droits et garanties conformes à la législation de l’Etat sur le territoire duquel elle se trouve et aux dispositions applicables du droit international, y compris celles qui ont trait aux droits de l’homme.

Article 15

Les Etats parties collaborent à la prévention des infractions prévues à l’article 2, en particulier :

(a) en prenant toutes les mesures possibles, y compris, le cas échéant, en adaptant leur législation interne, afin de prévenir ou contrarier la préparation, sur leurs territoires respectifs, des infractions destinées à être commises à l’intérieur ou à l’extérieur de leurs territoires, notamment des mesures interdisant sur leurs territoires les activités illégales d’individus, de groupes et d’organisations qui encouragent, fomentent, organisent, financent en connaissance de cause ou commettent les infractions visées à l’article 2 ;

(b) en échangeant des renseignements exacts et vérifiés en conformité avec les dispositions de leur législation interne et en coordonnant les mesures administratives et autres prises, le cas échéant, afin de prévenir la perpétration des infractions visées à l’article 2 ;

(c) le cas échéant, grâce à la recherche-développement portant sur les méthodes de détection d’explosifs et d’autres substances dangereuses pouvant causer la mort ou provoquer des dommages corporels, à des consultations sur l’établissement de normes pour le marquage des explosifs en vue d’en identifier l’origine lors des enquêtes effectuées à la suite d’explosions, à des échanges d’informations relatives aux mesures de prévention, à la coopération et au transfert de technologie, de matériel et de moyens connexes.

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Article 16

L’Etat partie dans lequel une action pénale a été engagée contre l’auteur présumé de l’infraction en communique, dans les conditions prévues par sa législation interne ou par les procédures applicables, le résultat définitif au Secrétaire général de l’Organisation des Nations Unies, qui en informe les autres Etats parties.

Article 17

Les Etats parties s’acquittent des obligations découlant de la présente Convention dans le respect des principes de l’égalité souveraine et de l’intégrité territoriale des Etats, ainsi que de celui de la non-ingérence dans les affaires intérieures des autres Etats.

Article 18

Aucune disposition de la présente Convention n’habilite un Etat partie à exercer sur le territoire d’un autre Etat partie une compétence ou des fonctions qui sont exclusivement réservées aux autorités de cet autre Etat partie par son droit interne.

Article 19

1. Aucune disposition de la présente Convention ne modifie les autres droits, obligations et responsabilités qui découlent pour les Etats et les individus du droit international, en particulier les buts et principes de la Charte des Nations Unies, et du droit international humanitaire.

2. Les activités des forces armées en période de conflit armé, au sens donné à ces termes en droit international humanitaire, qui sont régies par ce droit ne sont pas régies par la présente Convention, et les activités menées par les forces armées d’un Etat dans l’exercice de leurs fonctions officielles, en tant qu’elles sont régies par d’autres règles de droit international, ne sont pas non plus régies par la présente Convention.

Article 20

1. Tout différend entre des Etats parties concernant l’interprétation ou l’application de la présente Convention qui ne peut pas être réglé par voie de négociation dans un délai raisonnable est soumis à l’arbitrage, à la demande de l’un de ces Etats. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les parties ne parviennent pas à se mettre d’accord sur l’organisation de l’arbitrage, l’une quelconque d’entre elles peut soumettre le différend à la Cour internationale de Justice, en déposant une requête conformément au Statut de la Cour.


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2. Tout Etat peut, au moment où il signe, ratifie, accepte ou approuve la présente Convention ou y adhère, déclarer qu’il ne se considère pas lié par les dispositions du paragraphe 1 du présent article. Les autres Etats parties ne sont pas liés par lesdites dispositions envers tout Etat partie qui a formulé une telle réserve.

3. Tout Etat qui a formulé une réserve conformément aux dispositions du paragraphe 2 du présent article peut à tout moment lever cette réserve par une notification adressée au Secrétaire général de l’Organisation des Nations Unies.

Article 21

1. La présente Convention est ouverte à la signature de tous les Etats du 12 janvier 1998 au 31 décembre 1999, au Siège de l’Organisation des Nations Unies à New York.

2. La présente Convention sera ratifiée, acceptée ou approuvée. Les instruments de ratification, d’acceptation ou d’approbation seront déposés auprès du Secrétaire général de l’Organisation des Nations Unies.


Article 22

1. La présente Convention entrera en vigueur le trentième jour qui suivra la date de dépôt auprès du Secrétaire général de l’Organisation des Nations Unies du vingt-deuxième instrument de ratification, d’acceptation, d’approbation ou d’adhésion.

2. Pour chacun des Etats qui ratifieront, accepteront ou approuveront la Convention ou y adhéreront après le dépôt du vingt-deuxième instrument de ratification, d’acceptation, d’approbation ou d’adhésion, la Convention entrera en vigueur le trentième jour après le dépôt par cet Etat de son instrument de ratification, d’acceptation, d’approbation ou d’adhésion.

Article 23

1. Tout Etat partie peut dénoncer la présente Convention par voie de notification écrite adressée au Secrétaire général de l’Organisation des Nations Unies.


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Article 24


En foi de quoi les soussignés, dûment autorisés à cet effet par leurs gouvernements respectifs, ont signé la présente Convention, qui a été ouverte à la signature au Siège de l’Organisation des Nations Unies à New York, le 12 janvier 1998.


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12. Convention internationale pour la répression du financement du terrorisme, 1999

Adoptée par l’Assemblée générale des Nations Unies le 9 décembre 1999 Entrée en vigueur : le 10 avril 2002 Nations Unies, Recueil des Traités, vol. 2178, No. 38349 Dépositaire : Secrétaire général des Nations Unies

PREAMBULE


Ayant à l’esprit les buts et principes de la Charte des Nations Unies concernant le maintien de la paix et de la sécurité internationales et le développement des relations de bon voisinage, d’amitié et de coopération entre les Etats,


Rappelant la Déclaration du cinquantième anniversaire de l’Organisation des Nations Unies, qui figure dans la résolution 50/6 de l’Assemblée générale en date du 24 octobre 1995,

Rappelant également toutes les résolutions de l’Assemblée générale en la matière, notamment la résolution 49/60 du 9 décembre 1994 et son annexe reproduisant la Déclaration sur les mesures visant à éliminer le terrorisme international, dans laquelle les Etats Membres de l’Organisation des Nations Unies ont réaffirmé solennellement qu’ils condamnaient catégoriquement comme criminels et injustifiables tous les actes, méthodes et pratiques terroristes, où qu’ils se produisent et quels qu’en soient les auteurs, notamment ceux qui compromettent les relations amicales entre les Etats et les peuples et menacent l’intégrité territoriale et la sécurité des Etats,

Notant que dans la Déclaration sur les mesures visant à éliminer le terrorisme international, l’Assemblée a également encouragé les Etats à examiner d’urgence la portée des dispositions juridiques internationales en vigueur qui concernent la prévention, la répression et l’élimination du terrorisme sous toutes ses formes et manifestations, afin de s’assurer qu’il existe un cadre juridique général couvrant tous les aspects de la question,

Rappelant la résolution 51/210 de l’Assemblée générale, en date du 17 décembre 1996, l’alinéa f) du paragraphe 3 de laquelle l’Assemblée a invité les Etats à prendre des mesures pour prévenir et empêcher, par les moyens internes appropriés, le financement de terroristes ou d’organisations terroristes, qu’il s’effectue soit de manière directe, soit indirectement par l’intermédiaire d’organisations qui ont aussi ou prétendent avoir un but caritatif, culturel ou social, ou qui sont également impliquées dans des activités illégales telles que le trafic illicite d’armes, le trafic de stupéfiants et l’extorsion de fonds, y compris l’exploitation de personnes aux fins de financer des activités terroristes, et en particulier envisager, si besoin est,

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d’adopter une réglementation pour prévenir et empêcher les mouvements de fonds soupçonnés d’être destinés à des fins terroristes, sans entraver en aucune manière la liberté de circulation des capitaux légitimes, et intensifier les échanges d’informations sur les mouvements internationaux de tels fonds,

Rappelant également la résolution 52/165 de l’Assemblée générale, en date du 15 décembre 1997, dans laquelle l’Assemblée a invité les Etats à considérer en particulier la mise en œuvre de mesures telles que celles qui sont énumérées aux alinéas a) à f) du paragraphe 3 de sa résolution 51/210 du 17 décembre 1996,

Rappelant en outre la résolution 53/108 de l’Assemblée générale, en date du 8 décembre 1998, dans laquelle l’Assemblée a décidé que le Comité spécial créé par la résolution 51/210 du 17 décembre 1996 élaborerait un projet de convention internationale pour la répression du financement du terrorisme afin de compléter les instruments internationaux existants portant sur le terrorisme,

Considérant que le financement du terrorisme est un sujet qui préoccupe gravement la communauté internationale tout entière,

Notant que le nombre et la gravité des actes de terrorisme international sont fonction des ressources financières que les terroristes peuvent obtenir,

Notant également que les instruments juridiques multilatéraux existants ne traitent pas expressément du financement du terrorisme,

Convaincus de la nécessité urgente de renforcer la coopération internationale entre les Etats pour l’élaboration et l’adoption de mesures efficaces destinées à prévenir le financement du terrorisme ainsi qu’à le réprimer en en poursuivant et punissant les auteurs,


Article premier


1. « Fonds » s’entend des biens de toute nature, corporels ou incorporels, mobiliers ou immobiliers, acquis par quelque moyen que ce soit, et des documents ou instruments juridiques sous quelque forme que ce soit, y compris sous forme électronique ou numérique, qui attestent un droit de propriété ou un intérêt sur ces biens, et notamment les crédits bancaires, les chèques de voyage, les chèques bancaires, les mandats, les actions, les titres, les obligations, les traites et les lettres de crédit, sans que cette énumération soit limitative.

2. « Installation gouvernementale ou publique » s’entend de toute installation ou de tout moyen de transport, de caractère permanent ou temporaire, qui est utilisé ou occupé par des représentants d’un Etat, des membres du gouvernement, du parlement ou de la


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magistrature, ou des agents ou personnels d’un Etat ou de toute autre autorité ou entité publique, ou par des agents ou personnels d’une organisation intergouvernementale, dans le cadre de leurs fonctions officielles.

3. « Produits » s’entend de tous fonds tirés, directement ou indirectement, de la commission d’une infraction telle que prévue à l’article 2, ou obtenus, directement ou indirectement, grâce à la commission d’une telle infraction.

Article 2

1. Commet une infraction au sens de la présente Convention toute personne qui, par quelque moyen que ce soit, directement ou indirectement, illicitement et délibérément, fournit ou réunit des fonds dans l’intention de les voir utilisés ou en sachant qu’ils seront utilisés, en tout ou partie, en vue de commettre :

(a) Un acte qui constitue une infraction au regard et selon la définition de l’un des traités énumérés en annexe ;

(b) Tout autre acte destiné à tuer ou blesser grièvement un civil, ou toute autre personne qui ne participe pas directement aux hostilités dans une situation de conflit armé, lorsque, par sa nature ou son contexte, cet acte vise à intimider une population ou à contraindre un gouvernement ou une organisation internationale à accomplir ou à s’abstenir d’accomplir un acte quelconque.

2. (a) En déposant son instrument de ratification, d’acceptation, d’approbation ou d’adhésion, un Etat Partie qui n’est pas partie à un traité énuméré dans l’annexe visée à l’alinéa a) du paragraphe 1 du présent article peut déclarer que, lorsque la présente Convention lui est appliquée, ledit traité est réputé ne pas figurer dans cette annexe. Cette déclaration devient caduque dès l’entrée en vigueur du traité pour l’Etat Partie, qui en notifie le dépositaire ;

(b) Lorsqu’un Etat Partie cesse d’être partie à un traité énuméré dans l’annexe, il peut faire au sujet dudit traité la déclaration prévue dans le présent article.

3. Pour qu’un acte constitue une infraction au sens du paragraphe 1, il n’est pas nécessaire que les fonds aient été effectivement utilisés pour commettre une infraction visée aux alinéas (a) ou (b)du paragraphe 1 du présent article.

4. Commet également une infraction quiconque tente de commettre une infraction au sens du paragraphe 1 du présent article.


(a) participe en tant que complice à une infraction au sens des paragraphes 1 ou 4 du présent article ;

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(b) organise la commission d’une infraction au sens des paragraphes 1 ou 4 du présent article ou donne l’ordre à d’autres personnes de la commettre;

(c) contribue à la commission de l’une ou plusieurs des infractions visées aux paragraphes 1 ou 4 du présent article par un groupe de personnes agissant de concert. Ce concours doit être délibéré et doit :

(i) Soit viser à faciliter l’activité criminelle du groupe ou en servir le but, lorsque cette activité ou ce but supposent la commission d’une infraction au sens du paragraphe 1 du présent article ;

(ii) Soit être apporté en sachant que le groupe a l’intention de commettre une infraction au sens du paragraphe 1 du présent article.

Article 3

La présente Convention ne s’applique pas lorsque l’infraction est commise à l’intérieur d’un seul Etat, que l’auteur présumé est un national de cet Etat et se trouve sur le territoire de cet Etat, et qu’aucun autre Etat n’a de raison, en vertu du paragraphe 1 ou du paragraphe 2 de l’article 7, d’établir sa compétence, étant entendu que les dispositions des articles 12 à 18, selon qu’il convient, s’appliquent en pareil cas.

Article 4

Chaque Etat Partie prend les mesures qui peuvent être nécessaires pour :

(a) ériger en infractions pénales au regard de son droit interne les infractions visées à l’article 2 ;

(b) punir ces infractions de peines appropriées compte tenu de leur gravité.

Article 5

1. Chaque Etat Partie, conformément aux principes de son droit interne, prend les mesures nécessaires pour que la responsabilité d’une personne morale située sur son territoire ou constituée sous l’empire de sa législation soit engagée lorsqu’une personne responsable de la direction ou du contrôle de cette personne morale a, en cette qualité, commis une infraction visée à l’article 2. Cette responsabilité peut être pénale, civile ou administrative.

2. Elle est engagée sans préjudice de la responsabilité pénale des personnes physiques qui ont commis les infractions.

3. Chaque Etat Partie veille en particulier à ce que les personnes morales dont la responsabilité est engagée en vertu du paragraphe 1 fassent l’objet de sanctions pénales,


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civiles ou administratives efficaces, proportionnées et dissuasives. Ces sanctions peuvent être notamment d’ordre pécuniaire.

Article 6

Chaque Etat Partie adopte les mesures qui peuvent être nécessaires, y compris, s’il y a lieu, d’ordre législatif, pour que les actes criminels relevant de la présente Convention ne puissent en aucune circonstance être justifiés par des considérations de nature politique, philosophique, idéologique, raciale, ethnique, religieuse ou d’autres motifs analogues.

Article 7

1. Chaque Etat Partie adopte les mesures qui peuvent être nécessaires pour établir sa compétence en ce qui concerne les infractions visées à l’article 2 lorsque :

(a) l’infraction a été commise sur son territoire ;

(b) l’infraction a été commise à bord d’un navire battant son pavillon ou d’un aéronef immatriculé conformément à sa législation au moment des faits ; ou

(c) l’infraction a été commise par l’un de ses nationaux.

2. Chaque Etat Partie peut également établir sa compétence sur de telles infractions lorsque :

(a) l’infraction avait pour but, ou a eu pour résultat, la commission d’une infraction visée à l’article 2, paragraphe 1, alinéas a)ou b), sur son territoire ou contre l’un de ses nationaux ;

(b) l’infraction avait pour but, ou a eu pour résultat, la commission d’une infraction visée à l’article 2, paragraphe 1, alinéas a)ou b), contre une installation gouvernementale ou publique dudit Etat située en dehors de son territoire, y compris ses locaux diplomatiques ou consulaires;

(c) l’infraction avait pour but, ou a eu pour résultat, la commission d’une infraction visée à l’article 2, paragraphe 1, alinéas a)ou b), visant à le contraindre à accomplir un acte quelconque ou à s’en abstenir ;

(d) l’infraction a été commise par un apatride ayant sa résidence habituelle sur son territoire ;

(e) l’infraction a été commise à bord d’un aéronef exploité par le Gouvernement dudit Etat.

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3. Lors de la ratification, de l’acceptation ou de l’approbation de la présente Convention ou de l’adhésion à celle-ci, chaque Etat Partie informe le Secrétaire général de l’Organisation des Nations Unies de la compétence qu’il a établie conformément au paragraphe 2. En cas de modification, l’Etat Partie concerné en informe immédiatement le Secrétaire général.

4. Chaque Etat Partie adopte également les mesures qui peuvent être nécessaires pour établir sa compétence en ce qui concerne les infractions visées à l’article 2 dans les cas où l’auteur présumé de l’infraction se trouve sur son territoire et où il ne l’extrade pas vers l’un quelconque des Etats Parties qui ont établi leur compétence conformément au paragraphe 1 ou au paragraphe 2.

5. Lorsque plus d’un Etat Partie se déclare compétent à l’égard d’une infraction visée à l’article 2, les Etats Parties intéressés s’efforcent de coordonner leur action comme il convient, en particulier pour ce qui est des conditions d’engagement des poursuites et des modalités d’entraide judiciaire.

6. Sans préjudice des normes du droit international général, la présente Convention n’exclut l’exercice d’aucune compétence pénale établie par un Etat Partie conformément à son droit interne.

Article 8

1. Chaque Etat Partie adopte, conformément aux principes de son droit interne, les mesures nécessaires à l’identification, à la détection, au gel ou à la saisie de tous fonds utilisés ou destinés à être utilisés pour commettre les infractions visées à l’article 2, ainsi que du produit de ces infractions, aux fins de confiscation éventuelle.

2. Chaque Etat Partie adopte, conformément aux principes de son droit interne, les mesures nécessaires à la confiscation des fonds utilisés ou destinés à être utilisés pour la commission des infractions visées à l’article 2, ainsi que du produit de ces infractions.

3. Chaque Etat Partie intéressé peut envisager de conclure des accords prévoyant de partager avec d’autres Etats Parties, systématiquement ou au cas par cas, les fonds provenant des confiscations visées dans le présent article.

4. Chaque Etat Partie envisage de créer des mécanismes en vue de l’affectation des sommes provenant des confiscations visées au présent article à l’indemnisation des victimes d’infractions visées à l’article 2, paragraphe 1, alinéas a)ou b), ou de leur famille.

5. Les dispositions du présent article sont appliquées sans préjudice des droits des tiers de bonne foi.


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Article 9

1. Lorsqu’il est informé que l’auteur ou l’auteur présumé d’une infraction visée à l’article 2 pourrait se trouver sur son territoire, l’Etat Partie concerné prend les mesures qui peuvent être nécessaires conformément à sa législation interne pour enquêter sur les faits portés à sa connaissance.

2. S’il estime que les circonstances le justifient, l’Etat Partie sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction prend les mesures appropriées en vertu de sa législation interne pour assurer la présence de cette personne aux fins de poursuites ou d’extradition.


(a) de communiquer sans retard avec le plus proche représentant qualifié de l’Etat dont elle a la nationalité ou qui est autrement habilité à protéger ses droits ou, s’il s’agit d’une personne apatride, de l’Etat sur le territoire duquel elle a sa résidence habituelle ;


(c) d’être informée des droits que lui confèrent les alinéas (a) et (b) du présent paragraphe.

4. Les droits énoncés au paragraphe 3 du présent article s’exercent dans le cadre des lois et règlements de l’Etat sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction, étant entendu toutefois que ces lois et règlements doivent permettre la pleine réalisation des fins pour lesquelles les droits énoncés au paragraphe 3 du présent article sont accordés.

5. Les dispositions des paragraphes 3 et 4 du présent article sont sans préjudice du droit de tout Etat Partie ayant établi sa compétence conformément à l’alinéa b)du paragraphe 1 ou à l’alinéa b du paragraphe 2 de l’article 7 d’inviter le Comité international de la Croix-Rouge à communiquer avec l’auteur présumé de l’infraction et à lui rendre visite.

6. Lorsqu’un Etat Partie a placé une personne en détention conformément aux dispositions du présent article, il avise immédiatement de cette détention, ainsi que des circonstances qui la justifient, directement ou par l’intermédiaire du Secrétaire général de l’Organisation des Nations Unies, les Etats Parties qui ont établi leur compétence conformément aux paragraphes 1 ou 2 de l’article 7 et, s’il le juge opportun, tous autres Etats Parties intéressés. L’Etat qui procède à l’enquête visée au paragraphe 1 du présent article en communique rapidement les conclusions auxdits Etats Parties et leur indique s’il entend exercer sa compétence.

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Article 10

1. Dans les cas où les dispositions de l’article 7 sont applicables, l’Etat Partie sur le territoire duquel se trouve l’auteur présumé de l’infraction est tenu, s’il ne l’extrade pas, de soumettre l’affaire, sans retard excessif et sans aucune exception, que l’infraction ait été ou non commise sur son territoire, à ses autorités compétentes pour qu’elles engagent des poursuites pénales selon la procédure prévue par sa législation. Ces autorités prennent leur décision dans les mêmes conditions que pour toute autre infraction de caractère grave conformément aux lois de cet Etat.

2. Chaque fois que la législation interne d’un Etat Partie ne l’autorise à extrader ou à remettre un de ses nationaux qu’à la condition que l’intéressé lui sera rendu pour purger la peine à laquelle il aura été condamné à l’issue du procès ou de la procédure pour lesquels l’extradition ou la remise est demandée, et que cet Etat et l’Etat demandant l’extradition acceptent cette formule et les autres conditions qu’ils peuvent juger appropriées, l’extradition ou la remise conditionnelle vaudra exécution par l’Etat Partie requis de l’obligation prévue au paragraphe 1 du présent article.

Article 11

1. Les infractions prévues à l’article 2 sont de plein droit considérées comme cas d’extradition dans tout traité d’extradition conclu entre Etats Parties avant l’entrée en vigueur de la présente Convention. Les Etats Parties s’engagent à considérer ces infractions comme cas d’extradition dans tout traité d’extradition qu’ils pourront conclure entre eux par la suite.

2. Un Etat Partie qui subordonne l’extradition à l’existence d’un traité a la faculté, lorsqu’il reçoit une demande d’extradition d’un autre Etat Partie avec lequel il n’est pas lié par un traité d’extradition, de considérer la présente Convention comme constituant la base juridique de l’extradition en ce qui concerne les infractions prévues à l’article 2. L’extradition est assujettie aux autres conditions prévues par la législation de l’Etat requis.

3. Les Etats Parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent les infractions prévues à l’article 2 comme cas d’extradition entre eux, sans préjudice des conditions prévues par la législation de l’Etat requis.

4. Si nécessaire, les infractions prévues à l’article 2 sont réputées, aux fins d’extradition entre Etats Parties, avoir été commises tant au lieu de leur perpétration que sur le territoire des Etats ayant établi leur compétence conformément aux paragraphes 1 et 2 de l’article 7.

5. Les dispositions relatives aux infractions visées à l’article 2 de tous les traités ou accords d’extradition conclus entre Etats Parties sont réputées être modifiées entre Etats Parties dans la mesure où elles sont incompatibles avec la présente Convention.


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Article 12

1. Les Etats Parties s’accordent l’entraide judiciaire la plus large possible pour toute enquête ou procédure pénale ou procédure d’extradition relative aux infractions visées à l’article 2, y compris pour l’obtention des éléments de preuve en leur possession qui sont nécessaires aux fins de la procédure.

2. Les Etats Parties ne peuvent invoquer le secret bancaire pour refuser de faire droit à une demande d’entraide judiciaire.

3. La Partie requérante ne communique ni n’utilise les informations ou les éléments de preuve fournis par la Partie requise pour des enquêtes, des poursuites pénales ou des procédures judiciaires autres que celles visées dans la demande sans le consentement préalable de la Partie requise.

4. Chaque Etat Partie peut envisager d’établir des mécanismes afin de partager avec d’autres Etats Parties les informations ou les éléments de preuve nécessaires pour établir les responsabilités pénales, civiles ou administratives, comme prévu à l’article 5.

5. Les Etats Parties s’acquittent des obligations qui leur incombent en vertu des paragraphes 1 et 2 en conformité avec tout traité ou autre accord d’entraide judiciaire ou d’échange d’informations qui peut exister entre eux. En l’absence d’un tel traité ou accord, les Etats Parties s’accordent cette entraide en conformité avec leur législation interne.

Article 13

Aucune des infractions visées à l’article 2 ne peut être considérée, aux fins d’extradition ou d’entraide judiciaire, comme une infraction fiscale. En conséquence, les Etats Parties ne peuvent invoquer uniquement le caractère fiscal de l’infraction pour refuser une demande d’entraide judiciaire ou d’extradition.

Article 14

Pour les besoins de l’extradition ou de l’entraide judiciaire entre Etats Parties, aucune des infractions visées à l’article 2 n’est considérée comme une infraction politique, comme une infraction connexe à une infraction politique ou comme une infraction inspirée par des mobiles politiques. En conséquence, une demande d’extradition ou d’entraide judiciaire fondée sur une telle infraction ne peut être rejetée pour la seule raison qu’elle concerne une infraction politique, une infraction connexe à une infraction politique ou une infraction inspirée par des mobiles politiques.

Article 15

Aucune disposition de la présente Convention ne doit être interprétée comme énonçant une obligation d’extradition ou d’entraide judiciaire si l’Etat Partie requis a des raisons

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sérieuses de croire que la demande d’extradition pour les infractions visées à l’article 2 ou la demande d’entraide concernant de telles infractions a été présentée aux fins de poursuivre ou de punir une personne pour des raisons tenant à sa race, sa religion, sa nationalité, son origine ethnique ou ses opinions politiques, ou que faire droit à la demande porterait préjudice à la situation de cette personne pour l’une quelconque de ces raisons.

Article 16

1. Toute personne détenue ou purgeant une peine sur le territoire d’un Etat Partie dont la présence est requise dans un autre Etat Partie à des fins d’identification ou de témoignage ou pour qu’elle apporte son concours à l’établissement des faits dans le cadre d’une enquête ou de poursuites relatives aux infractions visées à l’article 2 peut faire l’objet d’un transfert si les conditions ci-après sont réunies :

(a) ladite personne y consent librement et en toute connaissance de cause ;

(b) les autorités compétentes des deux Etats concernés y consentent, sous réserve des conditions qu’elles peuvent juger appropriées.


(a) L’Etat vers lequel le transfert est effectué a le pouvoir et l’obligation de garder l’intéressé en détention, sauf demande ou autorisation contraire de la part de l’Etat à partir duquel la personne a été transférée ;

(b) L’Etat vers lequel le transfert est effectué s’acquitte sans retard de l’obligation de remettre l’intéressé à la garde de l’Etat à partir duquel le transfert a été effectué, conformément à ce qui aura été convenu au préalable ou à ce que les autorités compétentes des deux Etats auront autrement décidé ;

(c) L’Etat vers lequel le transfert est effectué ne peut exiger de l’Etat à partir duquel le transfert est effectué qu’il engage une procédure d’extradition pour que l’intéressé lui soit remis ;

(d) Il est tenu compte de la période que l’intéressé a passée en détention dans l’Etat vers lequel il a été transféré aux fins du décompte de la peine à purger dans l’Etat à partir duquel il a été transféré.

3. À moins que l’Etat Partie à partir duquel une personne doit être transférée en vertu du présent article ne donne son accord, ladite personne, quelle que soit sa nationalité, ne peut pas être poursuivie ou détenue ou soumise à d’autres restrictions à sa liberté de mouvement sur le territoire de l’Etat vers lequel elle est transférée à raison d’actes ou de condamnations antérieurs à son départ du territoire de l’Etat à partir duquel elle a été transférée.


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Article 17

Toute personne placée en détention ou contre laquelle toute autre mesure est prise ou procédure engagée en vertu de la présente Convention se voit garantir un traitement équitable et, en particulier, jouit de tous les droits et bénéficie de toutes les garanties prévus par la législation de l’Etat sur le territoire duquel elle se trouve et les dispositions applicables du droit international, y compris celles qui ont trait aux droits de l’homme.

Article 18

1. Les Etats Parties coopèrent pour prévenir les infractions visées à l’article 2 en prenant toutes les mesures possibles, notamment en adaptant si nécessaire leur législation interne, afin d’empêcher et de contrecarrer la préparation sur leurs territoires respectifs d’infractions devant être commises à l’intérieur ou à l’extérieur de ceux-ci, notamment :

(a) Des mesures interdisant sur leur territoire les activités illégales de personnes et d’organisations qui, en connaissance de cause, encouragent, fomentent, organisent ou commettent des infractions visées à l’article 2 ;

(b) Des mesures faisant obligation aux institutions financières et aux autres professions intervenant dans les opérations financières d’utiliser les moyens disponibles les plus efficaces pour identifier leurs clients habituels ou occasionnels, ainsi que les clients dans l’intérêt desquels un compte est ouvert, d’accorder une attention particulière aux opérations inhabituelles ou suspectes et de signaler les opérations présumées découler d’activités criminelles. À cette fin, les Etats Parties doivent envisager :

(i) d’adopter des réglementations interdisant l’ouverture de comptes dont le titulaire ou le bénéficiaire n’est pas identifié ni identifiable et des mesures garantissant que ces institutions vérifient l’identité des véritables détenteurs de ces opérations ;

(ii) S’agissant de l’identification des personnes morales, d’exiger que les institutions financières prennent, si nécessaire, des mesures pour vérifier l’existence et la structure juridiques du client en obtenant d’un registre public ou du client, ou des deux, une preuve de la constitution en société comprenant notamment des renseignements concernant le nom du client, sa forme juridique, son adresse, ses dirigeants et les dispositions régissant le pouvoir d’engager la personne morale ;

(iii) d’adopter des réglementations qui imposent aux institutions financières l’obligation de signaler promptement aux autorités compétentes toutes les opérations complexes, inhabituelles, importantes, et tous les types inhabituels d’opérations, lorsqu’elles n’ont pas de cause économique ou licite apparente, sans crainte de voir leur responsabilité pénale ou civile engagées

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pour violation des règles de confidentialité, si elles rapportent de bonne foi leurs soupçons ;

(iv) d’exiger des institutions financières qu’elles conservent, pendant au moins cinq ans, toutes les pièces nécessaires se rapportant aux opérations tant internes qu’internationales.

2. Les Etats Parties coopèrent également à la prévention des infractions visées à l’article 2 en envisageant :

(a) des mesures pour la supervision de tous les organismes de transfert monétaire, y compris, par exemple, l’agrément de ces organismes ;

(b) des mesures réalistes qui permettent de détecter ou de surveiller le transport physique transfrontière d’espèces et d’effets au porteur négociables, sous réserve qu’elles soient assujetties à des garanties strictes visant à assurer que l’information est utilisée à bon escient et qu’elles n’entravent en aucune façon la libre circulation des capitaux.

3. Les Etats Parties coopèrent en outre à la prévention des infractions visées à l’article 2 en échangeant des renseignements exacts et vérifiés conformément à leur législation interne et en coordonnant les mesures administratives et autres mesures prises, le cas échéant, afin de prévenir la commission des infractions visées à l’article 2, et notamment en :

(a) établissant et maintenant des canaux de communication entre leurs organismes et services compétents afin de faciliter l’échange sûr et rapide d’informations sur tous les aspects des infractions visées à l’article 2;

(b) coopérant entre eux pour mener des enquêtes relatives aux infractions visées à l’article 2 portant sur :

(i) l’identité, les coordonnées et les activités des personnes dont il est raisonnable de soupçonner qu’elles ont participé à la commission de telles infractions ;

(ii) les mouvements de fonds en rapport avec la commission de ces infractions.

4. Les Etats Parties peuvent échanger des informations par l’intermédiaire de l’Organisation internationale de police criminelle (Interpol).

Article 19

L’Etat Partie dans lequel une action pénale a été engagée contre l’auteur présumé de l’infraction en communique, dans les conditions prévues par sa législation interne ou par les procédures applicables, le résultat définitif au Secrétaire général de l’Organisation des Nations Unies, qui en informe les autres Etats Parties.


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Article 20

Les Etats Parties s’acquittent des obligations découlant de la présente Convention dans le respect des principes de l’égalité souveraine et de l’intégrité territoriale des Etats, ainsi que de celui de la non-ingérence dans les affaires intérieures des autres Etats.

Article 21

Aucune disposition de la présente Convention n’a d’incidence sur les autres droits, obligations et responsabilités des Etats et des individus en vertu du droit international, en particulier les buts de la Charte des Nations Unies, le droit international humanitaire et les autres conventions pertinentes.

Article 22

Aucune disposition de la présente Convention n’habilite un Etat Partie à exercer sur le territoire d’un autre Etat Partie une compétence ou des fonctions qui sont exclusivement réservées aux autorités de cet autre Etat Partie par son droit interne.

Article 23

1. L’annexe peut être modifiée par l’ajout de traités pertinents réunissant les conditions suivantes :

(a) être ouverts à la participation de tous les Etats ;

(b) être entrés en vigueur ;

(c) avoir fait l’objet de la ratification, de l’acceptation, de l’approbation ou de l’adhésion d’au moins vingt-deux Etats Parties à la présente Convention.

2. Après l’entrée en vigueur de la présente Convention, tout Etat Partie peut proposer un tel amendement. Toute proposition d’amendement est communiquée par écrit au dépositaire, qui avise tous les Etats Parties des propositions qui réunissent les conditions énoncées au paragraphe 1 et sollicite leur avis au sujet de l’adoption de l’amendement proposé.

3. L’amendement proposé est réputé adopté à moins qu’un tiers des Etats Parties ne s’y oppose par écrit dans les 180 jours suivant sa communication.

4. Une fois adopté, l’amendement entre en vigueur, pour tous les Etats Parties ayant déposé un instrument de ratification, d’acceptation ou d’approbation, 30 jours après le dépôt du vingt-deuxième de ces instruments. Pour chacun des Etats Parties qui ratifient, acceptent ou approuvent l’amendement après le dépôt du vingt deuxième instrument, l’amendement

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entre en vigueur le trentième jour suivant le dépôt par ledit Etat Partie de son instrument de ratification, d’acceptation ou d’approbation.

Article 24

1. Tout différend entre des Etats Parties concernant l’interprétation ou l’application de la présente Convention qui ne peut pas être réglé par voie de négociation dans un délai raisonnable est soumis à l’arbitrage, à la demande de l’un de ces Etats. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les Parties ne parviennent pas à se mettre d’accord sur l’organisation de l’arbitrage, l’une quelconque d’entre elles peut soumettre le différend à la Cour internationale de Justice, en déposant une requête conformément au Statut de la Cour.

2. Tout Etat peut, au moment où il signe, ratifie, accepte ou approuve la présente Convention ou y adhère, déclarer qu’il ne se considère pas lié par les dispositions du paragraphe 1 du présent article. Les autres Etats Parties ne sont pas liés par lesdites dispositions envers tout Etat Partie qui a formulé une telle réserve.

3. Tout Etat qui a formulé une réserve conformément aux dispositions du paragraphe 2 du présent article peut la retirer à tout moment en adressant une notification à cet effet au Secrétaire général de l’Organisation des Nations Unies.

Article 25

1. La présente Convention est ouverte à la signature de tous les Etats du 10 janvier 2000 au 31 décembre 2001, au Siège de l’Organisation des Nations Unies, à New York.

2. La présente Convention est soumise à ratification, acceptation ou approbation. Les instruments de ratification, d’acceptation ou d’approbation seront déposés auprès du Secrétaire général de l’Organisation des Nations Unies.


Article 26


2. Pour chacun des Etats qui ratifieront, accepteront ou approuveront la Convention ou y adhéreront après le dépôt du vingt-deuxième instrument de ratification, d’acceptation, d’approbation ou d’adhésion, la Convention entrera en vigueur le trentième jour après le dépôt par cet Etat de son instrument de ratification, d’acceptation, d’approbation ou d’adhésion.


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Article 27

1. Tout Etat Partie peut dénoncer la présente Convention en adressant une notification écrite à cet effet au Secrétaire général de l’Organisation des Nations Unies.


Article 28


En foi de quoi les soussignés, dûment autorisés à cet effet par leurs gouvernements respectifs, ont signé la présente Convention, qui a été ouverte à la signature au Siège de l’Organisation des Nations Unies à New York, le 10 janvier 2000.

Annexe

1. Convention pour la répression de la capture illicite d’aéronefs, faite à La Haye le 16 décembre 1970.

2. Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, faite à Montréal le 23 septembre 1971.

3. Convention sur la prévention et la répression des infractions contre les personnes jouissant d’une protection internationale, y compris les agents diplomatiques, adoptée par l’Assemblée générale des Nations Unies le 14 décembre 1973.

4. Convention internationale contre la prise d’otages, adoptée par l’Assemblée générale des Nations Unies le 17 décembre 1979.

5. Convention sur la protection physique des matières nucléaires, adoptée à Vienne le 3 mars 1980.

6. Protocole pour la répression des actes illicites de violence dans les aéroports servant à l’aviation civile internationale, complémentaire à la Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, fait à Montréal le 24 février 1988.

7. Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime, faite à Rome le 10 mars 1988.

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8. Protocole pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental, fait à Rome le 10 mars 1988.

9. Convention internationale pour la répression des attentats terroristes à l’explosif, adoptée par l’Assemblée générale des Nations Unies le 15 décembre 1997.


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13. Convention internationale pour la répression des actes de terrorisme nucléaire, 2005

Adoptée par l’Assemblée générale des Nations Unies le 13 avril 2005 Entrée en vigueur : le 7 juillet 2007, conformément à l’article 25 Nations Unies, Doc. A/RES/59/290 Dépositaire : Secrétaire général des Nations Unies


Ayant présents à l’esprit les buts et principes de la Charte des Nations Unies concernant le maintien de la paix et de la sécurité internationales et le développement des relations de bon voisinage, d’amitié et de coopération entre les Etats,

Rappelant la Déclaration du cinquantième anniversaire de l’Organisation des Nations Unies, en date du 24 octobre 1995,

Considérant que tous les Etats ont le droit de développer et d’utiliser l’énergie nucléaire à des fins pacifiques et qu’ils ont un intérêt légitime à jouir des avantages que peut procurer l’utilisation pacifique de l’énergie nucléaire,

Ayant à l’esprit la Convention de 1980 sur la protection physique des matières nucléaires,


Rappelant également la Déclaration sur les mesures visant à éliminer le terrorisme international, annexée à la résolution 49/60 de l’Assemblée générale en date du 9 décembre 1994, dans laquelle, entre autres dispositions, les Etats Membres de l’Organisation des Nations Unies réaffirment solennellement leur condamnation catégorique, comme criminels et injustifiables, de tous les actes, méthodes et pratiques terroristes, où qu’ils se produisent et quels qu’en soient les auteurs, notamment ceux qui compromettent les relations amicales entre les Etats et les peuples et menacent l’intégrité territoriale et la sécurité des Etats,

Notant que la Déclaration invite par ailleurs les Etats à examiner d’urgence la portée des dispositions juridiques internationales en vigueur qui concernent la prévention, la répression et l’élimination du terrorisme sous toutes ses formes et manifestations, afin de s’assurer qu’il existe un cadre juridique général couvrant tous les aspects de la question,

Rappelant la résolution 51/210 de l’Assemblée générale, en date du 17 décembre 1996, et la Déclaration complétant la Déclaration de 1994 sur les mesures visant à éliminer le terrorisme international qui y est annexée,

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Rappelant également que conformément à la résolution 51/210 de l’Assemblée générale, un comité spécial a été créé pour élaborer, entre autres, une convention internationale pour la répression des actes de terrorisme nucléaire afin de compléter les instruments internationaux existant en la matière,

Notant que les actes de terrorisme nucléaire peuvent avoir les plus graves conséquences et peuvent constituer une menace pour la paix et la sécurité internationales,

Notant également que les instruments juridiques multilatéraux existants ne traitent pas ces attentats de manière de manière adéquate,

Convaincus de l’urgente nécessité de renforcer la coopération internationale entre les Etats pour l’élaboration et l’adoption de mesures efficaces et pratiques destinées à prévenir ce type d’actes terroristes et à en poursuivre et punir les auteurs,

Notant que les activités des forces armées des Etats sont régies par des règles de droit international qui se situent hors du cadre de la présente Convention et que l’exclusion de certains actes du champ d’application de la Convention n’excuse ni ne rend licites des actes par ailleurs illicites et n’empêche pas davantage l’exercice de poursuites sous l’empire d’autres lois,


Article premier


1. « Matière radioactive » s’entend de toute matière nucléaire ou autre substance radioactive contenant des nucléides qui se désintègrent spontanément (processus accompagné de l’émission d’un ou plusieurs types de rayonnements ionisants tels que les rayonnements alpha, bêta, gamma et neutron), et qui pourraient, du fait de leurs propriétés radiologiques ou fissiles, causer la mort, des dommages corporels graves ou des dommages substantiels aux biens ou à l’environnement.

2. « Matières nucléaires » s’entend du plutonium, à l’exception du plutonium dont la concentration isotopique en plutonium 238 dépasse 80 %; de l’uranium 233; de l’uranium enrichi en isotope 235 ou 233; de l’uranium contenant le mélange d’isotopes qui se trouve dans la nature autrement que sous la forme de minerai ou de résidu de minerai; ou de toute autre matière contenant un ou plusieurs des éléments précités;

« Uranium enrichi en isotope 235 ou 233 » s’entend de l’uranium contenant soit l’isotope 235, soit l’isotope 233, soit ces deux isotopes, en quantité telle que le rapport entre les teneurs isotopiques pour la somme de ces deux isotopes et l’isotope 238 est supérieur au rapport entre l’isotope 235 et l’isotope 238 dans l’uranium naturel.


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3. « Installation nucléaire » s’entend :

(a) de tout réacteur nucléaire, y compris un réacteur embarqué à bord d’un navire, d’un véhicule, d’un aéronef ou d’un engin spatial comme source d’énergie servant à propulser ledit navire, véhicules, aéronefs ou engin spatial, ou à toute autre fin ;

(b) de tout dispositif ou engin de transport aux fins de produire, stocker, retraiter ou transporter des matières radioactives.

4. « Engin » s’entend :

(a) de tout dispositif explosif nucléaire ;

(b) de tout engin à dispersion de matières radioactives ou tout engin émettant des rayonnements qui, du fait de ses propriétés radiologiques, cause la mort, des dommages corporels graves ou des dommages substantiels aux biens ou à l’environnement.

5. « Installation gouvernementale ou publique » s’entend de tout équipement ou de tout moyen de déplacement de caractère permanent ou temporaire qui est utilisé ou occupé par des représentants d’un Etat, des membres du gouvernement, du parlement ou de la magistrature, ou des agents ou personnels d’un Etat ou de toute autre autorité ou entité publique, ou par des agents ou personnels d’une organisation intergouvernementale, dans le cadre de leurs fonctions officielles.

6. « Forces armées d’un Etat » s’entend des forces qu’un Etat organise, entraîne et équipe conformément à son droit interne, essentiellement aux fins de la défense nationale ou de la sécurité nationale, ainsi que des personnes qui agissent à l’appui desdites forces armées et qui sont placées officiellement sous leur commandement, leur autorité et leur responsabilité.

Article 2

1. Commet une infraction au sens de la présente Convention toute personne qui, illicitement et intentionnellement :

(a) Détient des matières radioactives, fabrique ou détient un engin :

(i) dans l’intention d’entraîner la mort d’une personne ou de lui causer des dommages corporels graves; ou

(ii) dans l’intention de causer des dégâts substantiels à des biens ou à l’environnement;

(b) Emploie de quelque manière que ce soit des matières ou engins radioactifs, ou utilise ou endommage une installation nucléaire de façon à libérer ou risquer de libérer des matières radioactives :

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(i) dans l’intention d’entraîner la mort d’une personne ou de lui causer des dommages corporels graves; ou

(ii) dans l’intention de causer des dégâts substantiels à des biens ou à l’environnement; ou

(iii) dans l’intention de contraindre une personne physique ou morale, une organisation internationale ou un gouvernement à accomplir un acte ou à s’en abstenir.


(a) Menace, dans des circonstances qui rendent la menace crédible, de commettre une infraction visée au paragraphe 1, alinéa b), du présent article; ou

(b) Exige illicitement et intentionnellement, la remise de matières ou engins radioactifs ou d’installations nucléaires en recourant à la menace, dans des circonstances qui la rendent crédible, ou à l’emploi de la force.

3. Commet également une infraction quiconque tente de commettre une infraction visée au paragraphe 1 du présent article.


(a) se rend complice d’une infraction visée aux paragraphes 1, 2 ou 3 du présent article; ou

(b) organise la commission d’une infraction visée aux paragraphes 1, 2 ou 3 du présent article ou donne l’ordre à d’autres personnes de la commettre; ou

(c) contribue de toute autre manière à la commission d’une ou plusieurs des infractions visées aux paragraphes 1, 2 ou 3 du présent article par un groupe de personnes agissant de concert s’il le fait délibérément et soit pour faciliter l’activité criminelle générale du groupe ou servir les buts de celui-ci, soit en connaissant l’intention du groupe de commettre l’infraction ou les infractions visées.

Article 3

La présente Convention ne s’applique pas lorsque l’infraction est commise à l’intérieur d’un seul Etat, que l’auteur présumé et les victimes de l’infraction sont des nationaux de cet Etat, que l’auteur présumé de l’infraction se trouve sur le territoire de cet Etat et qu’aucun autre Etat n’a de raison, en vertu du paragraphe 1 ou du paragraphe 2 de l’article 9, d’exercer sa compétence, étant entendu que les dispositions des articles 7, 12, 14, 15, 16 et 17, selon qu’il convient, s’appliquent en pareil cas.


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Article 4

1. Aucune disposition de la présente Convention ne modifie les autres droits, obligations et responsabilités qui découlent pour les Etats et les individus du droit international, et en particulier des buts et principes de la Charte des Nations Unies et du droit international humanitaire.

2. Les activités des forces armées en période de conflit armé, au sens donné à ces termes en droit international humanitaire, qui sont régies par ce droit, ne sont pas régies par la présente Convention, et les activités accomplies par les forces armées d’un Etat dans l’exercice de leurs fonctions officielles, en tant qu’elles sont régies par d’autres règles de droit international, ne sont pas régies non plus par la présente Convention.

3. Les dispositions du paragraphe 2 du présent article ne s’interprètent pas comme excusant ou rendant licites des actes par ailleurs illicites, ni comme excluant l’exercice de poursuites sous l’empire d’autres lois.

4. La présente Convention n’aborde ni ne saurait être interprétée comme abordant en aucune façon la question de la licéité de l’emploi ou de la menace de l’emploi des armes nucléaires par des Etats.

Article 5

Chaque Etat Partie prend les mesures qui peuvent être nécessaires pour :

(a) ériger en infraction pénale au regard de sa législation nationale les infractions visées à l’article 2 de la présente Convention;

(b) réprimer lesdites infractions par des peines tenant dûment compte de leur gravité.

Article 6

Chaque Etat Partie adopte les mesures qui peuvent être nécessaires, y compris, s’il y a lieu, une législation nationale pour faire en sorte que les actes criminels relevant de la présente Convention, en particulier ceux qui sont conçus ou calculés pour provoquer la terreur dans la population, un groupe de personnes ou chez des individus, ne puissent en aucune circonstance être justifiés par des considérations politiques, philosophiques, idéologiques, raciales, ethniques, religieuses ou autres de nature analogue, et qu’ils soient punis de peines à la mesure de leur gravité.

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Article 7

1. Les Etats Parties collaborent :

(a) En prenant toutes les mesures possibles, y compris, le cas échéant, en adaptant leur législation nationale, afin de prévenir ou contrarier la préparation, sur leurs territoires respectifs, des infractions visées à l’article 2 destinées à être commises à l’intérieur ou à l’extérieur de leurs territoires, notamment des mesures interdisant sur leurs territoires les activités illégales d’individus, de groupes et d’organisations qui encouragent, fomentent, organisent, financent en connaissance de cause ou fournissent en connaissance de cause une assistance technique ou des informations ou commettent de telles infractions ;

(b) En échangeant des renseignements exacts et vérifiés en conformité avec les dispositions de leur législation nationale et selon les modalités et les conditions énoncées dans les présentes dispositions et en coordonnant les mesures administratives et autres prises, le cas échéant, afin de détecter, prévenir et combattre les infractions énumérées à l’article 2 de la présente Convention d’enquêter sur elles et d’engager des poursuites contre les auteurs présumés de ces crimes. En particulier, tout Etat Partie fait le nécessaire pour informer sans délai les autres Etats visés à l’article 9 de toute infraction visée à l’article 2 et de tous préparatifs de telles infractions dont il aurait eu connaissance, ainsi que pour en informer, le cas échéant, les organisations internationales.

2. Les Etats Parties prennent les mesures voulues en accord avec leur législation nationale pour préserver le caractère confidentiel de toute information reçue à titre confidentiel d’un autre Etat Partie en application des dispositions de la présente Convention, ou obtenue du fait de leur participation à des activités menées en application de la présente Convention. Si les Etats Parties communiquent à titre confidentiel des informations à des organisations internationales, ils font le nécessaire pour que le caractère confidentiel en soit préservé.

3. Les dispositions de la présente Convention n’imposent pas à un Etat Partie l’obligation de communiquer des informations qu’il n’aurait pas le droit de divulguer en vertu de sa législation nationale, ou qui risqueraient de mettre en péril sa sécurité ou la protection physique de matières nucléaires.

4. Les Etats Parties communiquent au Secrétaire général de l’Organisation des Nations Unies le nom de leurs organes et centres de liaison compétents, chargés de communiquer et de recevoir les informations visées dans le présent article. Le Secrétaire général de l’Organisation des Nations Unies communique les informations relatives aux organes et centres de liaison compétents à tous les Etats Parties et à l’Agence internationale de l’énergie atomique. L’accès à ces organes et à ces centres doit être ouvert en permanence.

Article 8

Aux fins de prévenir les infractions visées dans la présente Convention, les Etats Parties s’efforcent d’adopter des mesures appropriées pour assurer la protection des matières


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radioactives, en tenant compte des recommandations et fonctions de l’Agence internationale de l’énergie atomique applicables en la matière.

Article 9

1. Chaque Etat Partie adopte les mesures qui peuvent être nécessaires pour établir sa compétence en ce qui concerne les infractions visées à l’article 2 lorsque :

(a) l’infraction est commise sur son territoire; ou

(b) l’infraction est commise à bord d’un navire battant son pavillon ou d’un aéronef immatriculé conformément à sa législation au moment où l’infraction a été commise; ou

(c) l’infraction est commise par l’un de ses ressortissants.

2. Chaque Etat Partie peut également établir sa compétence à l’égard de telles infractions lorsque :

(a) l’infraction est commise contre l’un de ses ressortissants; ou

(b) l’infraction est commise contre une installation publique dudit Etat située en dehors de son territoire, y compris une ambassade ou des locaux diplomatiques ou consulaires dudit Etat; ou

(c) l’infraction est commise par un apatride qui a sa résidence habituelle sur son territoire; ou

(d) l’infraction commise a pour objectif de contraindre ledit Etat à accomplir un acte quelconque ou à s’en abstenir; ou

(e) l’infraction est commise à bord d’un aéronef exploité par le gouvernement dudit Etat.

3. Lors de la ratification, de l’acceptation ou de l’approbation de la présente Convention ou de l’adhésion à celle-ci, chaque Etat Partie informe le Secrétaire général de l’Organisation des Nations Unies de la compétence qu’il a établie en vertu de sa législation nationale conformément au paragraphe 2 du présent article. En cas de modification, l’Etat Partie concerné en informe immédiatement le Secrétaire général.

4. Chaque Etat Partie adopte également les mesures qui peuvent être nécessaires pour établir sa compétence en ce qui concerne les infractions visées à l’article 2 dans les cas où l’auteur présumé de l’infraction se trouve sur son territoire et où il ne l’extrade pas vers l’un quelconque des Etats Parties qui ont établi leur compétence conformément aux paragraphes 1 et 2 du présent article.

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5. La présente Convention n’exclut l’exercice d’aucune compétence pénale établie par un Etat Partie conformément à sa législation nationale.

Article 10

1. Lorsqu’il est informé qu’une infraction visée à l’article 2 a été commise ou est commise sur son territoire ou que l’auteur ou l’auteur présumé d’une telle infraction pourrait se trouver sur son territoire, l’Etat Partie concerné prend les mesures qui peuvent être nécessaires en vertu de sa législation nationale pour enquêter sur les faits portés à sa connaissance.

2. S’il estime que les circonstances le justifient, l’Etat Partie sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction prend les mesures appropriées en vertu de sa législation nationale pour assurer la présence de cette personne aux fins de poursuites ou d’extradition.


(a) de communiquer sans retard avec le plus proche représentant qualifié de l’Etat dont elle est ressortissante ou qui est autrement habilité à protéger les droits de ladite personne ou, s’il s’agit d’une personne apatride, de l’Etat sur le territoire duquel elle a sa résidence habituelle ;


(c) d’être informée des droits que lui confèrent les alinéas (a) et (b).

4. Les droits visés au paragraphe 3 du présent article s’exercent dans le cadre des lois et règlements de l’Etat sur le territoire duquel se trouve l’auteur ou l’auteur présumé de l’infraction, étant entendu toutefois que ces lois et règlements doivent permettre la pleine réalisation des fins pour lesquelles les droits sont accordés en vertu du paragraphe 3.

5. Les dispositions des paragraphes 3 et 4 du présent article sont sans préjudice du droit de tout Etat Partie ayant établi sa compétence, conformément à l’alinéa c) du paragraphe 1 ou à l’alinéa (c) du paragraphe 2 de l’article 9, d’inviter le Comité international de la Croix-Rouge à communiquer avec l’auteur présumé de l’infraction et à lui rendre visite.

6. Lorsqu’un Etat Partie a placé une personne en détention conformément aux dispositions du présent article, il avise immédiatement de cette détention, ainsi que des circonstances qui la justifient, directement ou par l’intermédiaire du Secrétaire général de l’Organisation des Nations Unies, les Etats Parties qui ont établi leur compétence conformément aux paragraphes 1 et 2 de l’article 9 et, s’il le juge opportun, tous autres Etats Parties intéressés. L’Etat qui procède à l’enquête visée au paragraphe 1 du présent article en


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communique rapidement les conclusions auxdits Etats Parties et leur indique s’il entend exercer sa compétence.

Article 11

1. Dans les cas où les dispositions de l’article 9 sont applicables, l’Etat Partie sur le territoire duquel se trouve l’auteur présumé de l’infraction est tenu, s’il ne l’extrade pas, de soumettre l’affaire, sans retard excessif et sans aucune exception, que l’infraction ait été ou non commise sur son territoire, à ses autorités compétentes pour l’exercice de l’action pénale selon une procédure conforme à la législation de cet Etat. Ces autorités prennent leur décision dans les mêmes conditions que pour toute autre infraction ayant un caractère grave au regard des lois de cet Etat.

2. Chaque fois que, en vertu de sa législation nationale, un Etat Partie n’est autorisé à extrader ou à remettre un de ses ressortissants qu’à la condition que l’intéressé lui sera remis pour purger la peine qui lui aura été imposée à l’issue du procès ou de la procédure pour lesquels l’extradition ou la remise avait été demandée, et que cet Etat et l’Etat requérant l’extradition acceptent cette formule et les autres conditions qu’ils peuvent juger appropriées, l’extradition ou la remise conditionnelle suffit pour dispenser l’Etat Partie requis de l’obligation prévue au paragraphe 1 du présent article.

Article 12

Toute personne placée en détention ou contre laquelle toute autre mesure est prise ou une procédure est engagée en vertu de la présente Convention se voit garantir un traitement équitable et tous les droits et garanties conformes à la législation de l’Etat sur le territoire duquel elle se trouve et aux dispositions applicables du droit international, y compris celles qui ont trait aux droits de l’homme.

Article 13

1. Les infractions prévues à l’article 2 sont de plein droit considérées comme cas d’extradition dans tout traité d’extradition conclu entre Etats Parties avant l’entrée en vigueur de la présente Convention. Les Etats Parties s’engagent à considérer ces infractions comme cas d’extradition dans tout traité d’extradition à conclure par la suite entre eux.

2. Lorsqu’un Etat Partie qui subordonne l’extradition à l’existence d’un traité est saisi d’une demande d’extradition par un autre Etat Partie avec lequel il n’est pas lié par un traité d’extradition, l’Etat Partie requis a la latitude de considérer la présente Convention comme constituant la base juridique de l’extradition en ce qui concerne les infractions prévues à l’article 2. L’extradition est subordonnée aux autres conditions prévues par la législation de l’Etat requis.

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3. Les Etats Parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent les infractions prévues à l’article 2 comme cas d’extradition entre eux dans les conditions prévues par la législation de l’Etat requis.

4. Les infractions prévues à l’article 2 sont, le cas échéant, considérées aux fins d’extradition entre Etats Parties comme ayant été commises tant au lieu de leur perpétration que sur le territoire des Etats ayant établi leur compétence conformément aux paragraphes 1 et 2 de l’article 9.

5. Les dispositions de tous les traités ou accords d’extradition conclus entre Etats Parties relatives aux infractions visées à l’article 2 sont réputées être modifiées entre Etats Parties dans la mesure où elles sont incompatibles avec la présente Convention.

Article 14

1. Les Etats Parties s’accordent l’entraide judiciaire la plus large possible pour toute enquête, procédure pénale ou procédure d’extradition relative aux infractions visées à l’article 2, y compris pour l’obtention des éléments de preuve dont ils disposent et qui sont nécessaires aux fins de la procédure.

2. Les Etats Parties s’acquittent des obligations qui leur incombent en vertu du paragraphe 1 du présent article en conformité avec tout traité ou accord d’entraide judiciaire qui peut exister entre eux. En l’absence d’un tel traité ou accord, les Etats Parties s’accordent cette entraide conformément à leur législation nationale.

Article 15

Aux fins de l’extradition ou de l’entraide judiciaire entre Etats Parties, aucune des infractions visées à l’article 2 n’est considérée comme une infraction politique, ou connexe à une infraction politique, ou inspirée par des mobiles politiques. En conséquence, une demande d’extradition ou d’entraide judiciaire fondée sur une telle infraction ne peut être refusée pour la seule raison qu’elle concerne une infraction politique, une infraction connexe à une infraction politique, ou une infraction inspirée par des mobiles politiques.

Article 16

Aucune disposition de la présente Convention ne doit être interprétée comme impliquant une obligation d’extradition ou d’entraide judiciaire si l’Etat Partie requis a des raisons sérieuses de croire que la demande d’extradition pour les infractions visées à l’article 2 ou la demande d’entraide concernant de telles infractions a été présentée aux fins de poursuivre ou de punir une personne pour des considérations de race, de religion, de nationalité, d’origine ethnique ou d’opinions politiques, ou que donner suite à cette demande porterait préjudice à la situation de cette personne pour l’une quelconque de ces considérations.


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Article 17

1. Toute personne détenue ou purgeant une peine sur le territoire d’un Etat Partie dont la présence dans un autre Etat Partie est requise aux fins de témoignage ou d’identification ou en vue d’apporter son concours à l’établissement des faits dans le cadre d’une enquête ou de poursuites engagées en vertu de la présente Convention peut faire l’objet d’un transfèrement si les conditions ci-après sont réunies :

(a) ladite personne y donne librement son consentement en toute connaissance de cause; et

(b) les autorités compétentes des deux Etats concernés y consentent, sous réserve des conditions qu’ils peuvent juger appropriées.


(a) l’Etat vers lequel le transfèrement est effectué a le pouvoir et l’obligation de garder l’intéressé en détention, sauf demande ou autorisation contraire de la part de l’Etat à partir duquel la personne a été transférée ;

(b) l’Etat vers lequel le transfèrement est effectué s’acquitte sans retard de l’obligation de rendre l’intéressé à la garde de l’Etat à partir duquel le transfèrement a été effectué, conformément à ce qui aura été convenu au préalable ou à ce que les autorités compétentes des deux Etats auront autrement décidé ;

(c) l’Etat vers lequel le transfèrement est effectué ne peut exiger de l’Etat à partir duquel le transfèrement est effectué qu’il engage une procédure d’extradition concernant l’intéressé

(d) il est tenu compte de la période que l’intéressé a passée en détention dans l’Etat vers lequel il a été transféré aux fins du décompte de la peine à purger dans l’Etat à partir duquel il a été transféré.

3. À moins que l’Etat Partie à partir duquel une personne doit être transférée, conformément aux dispositions du présent article, ne donne son accord, ladite personne, quelle qu’en soit la nationalité, ne peut pas être poursuivie, détenue ou soumise à d’autres restrictions touchant sa liberté de mouvement sur le territoire de l’Etat auquel elle est transférée à raison d’actes ou condamnations antérieures à son départ du territoire de l’Etat à partir duquel elle a été transférée.

Article 18

1. Après avoir saisi des matières ou engins radioactifs ou des installations nucléaires ou avoir pris d’une autre manière le contrôle de ces matières, engins ou installations après la perpétration d’une infraction visée à l’article 2, l’Etat Partie qui les détient doit :

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(a) prendre les mesures nécessaires pour neutraliser les matériaux ou engins radioactifs, ou les installations nucléaires ;

(b) veiller à ce que les matériaux nucléaires soient détenus de manière conforme aux garanties applicables de l’Agence internationale de l’énergie atomique;

(c) prendre en considération les recommandations applicables à la protection physique ainsi que les normes de santé et de sécurité publiées par l’Agence internationale de l’énergie atomique.

2. Une fois achevée l’instruction relative à une infraction visée à l’article 2 ou plus tôt si le droit international l’exige, les matières ou engins radioactifs ou les installations nucléaires doivent être restitués, après consultation (en particulier en ce qui concerne les modalités de restitution et d’entreposage) avec les Etats Parties concernés, à l’Etat Partie auquel ils appartiennent, à l’Etat Partie dont la personne physique ou morale propriétaire de ces matières, engins ou installations est un ressortissant ou un résident, ou à l’Etat Partie sur le territoire duquel ils ont été dérobés ou obtenus illicitement d’une autre manière.

3. (a) Si le droit interne ou le droit international interdit à un Etat Partie de restituer ou d’accepter de tels matériaux ou engins radioactifs ou de telles installations nucléaires, ou si les Etats Parties concernés en décident ainsi, sous réserve des dispositions de l’alinéa b du présent paragraphe, l’Etat Partie qui détient les matières ou engins radioactifs ou les installations nucléaires doit continuer de prendre les mesures décrites au paragraphe 1 du présent article; ces matières ou engins radioactifs ou installations nucléaires ne seront utilisés qu’à des fins pacifiques.

(b) S’il n’est pas licite pour un Etat Partie qui détient des matières ou engins radioactifs ou des installations nucléaires de les avoir en sa possession, cet Etat doit veiller à ce que ceux-ci soient, dès que possible, confiés à un Etat qui peut les détenir de manière licite et qui, selon que de besoin, a fourni quant à leur neutralisation des assurances conformes aux exigences formulées au paragraphe 1 du présent article en consultation avec cet Etat; ces matières ou engins radioactifs ou ces installations nucléaires ne seront utilisés qu’à des fins pacifiques.

4. Si les matières ou engins radioactifs ou les installations nucléaires visés aux paragraphes 1 et 2 du présent article n’appartiennent à aucun des Etats Parties ou n’appartiennent pas à un ressortissant ou à un résident d’un Etat Partie et n’ont pas été dérobés ou obtenus illicitement d’une autre manière sur le territoire d’un Etat Partie, ou si aucun Etat n’est disposé à recevoir ces matières, engins ou installations conformément au paragraphe 3 du présent article, le sort de ceux-ci fera l’objet d’une décision distincte, conformément à l’alinéa b du paragraphe 3 du présent article, prise après consultation entre les Etats et les organisations internationales intéressées.

5. Aux fins des paragraphes 1, 2, 3 et 4 du présent article, l’Etat Partie qui détient des matières ou engins radioactifs ou des installations nucléaires peut demander l’assistance et la


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coopération d’autres Etats Parties, et en particulier des Etats Parties concernés, et des organisations internationales compétentes, en particulier l’Agence internationale de l’énergie atomique. Les Etats Parties et les organisations internationales compétentes sont encouragés à fournir dans toute la mesure possible une assistance en application des dispositions du présent paragraphe.

6. Les Etats Parties qui enlèvent ou conservent des matières ou engins radioactifs ou des installations nucléaires aux fins du présent article informent le Directeur général de l’Agence internationale de l’énergie atomique du sort qu’ils ont réservé à ces matières, engins ou installations ou de la manière dont ils les conservent. Le Directeur général de l’Agence internationale de l’énergie atomique transmet ces informations aux autres Etats Parties.

7. S’il y a eu dissémination en rapport avec une infraction visée à l’article 2, aucune disposition du présent article ne modifie en aucune manière les règles du droit international régissant la responsabilité en matière de dommages nucléaires ou les autres règles du droit international.

Article 19

L’Etat Partie où des poursuites ont été engagées contre l’auteur présumé de l’infraction en communique, dans les conditions prévues par sa législation nationale ou par les procédures applicables, le résultat définitif au Secrétaire général de l’Organisation des Nations Unies, qui en informe les autres Etats Parties.

Article 20

Les Etats Parties se consultent directement ou par l’intermédiaire du Secrétaire général de l’Organisation des Nations Unies, au besoin avec l’assistance d’organisations internationales, pour assurer la bonne application de la présente Convention.

Article 21

Les Etats Parties s’acquittent des obligations découlant de la présente Convention dans le respect des principes de l’égalité souveraine et de l’intégrité territoriale des Etats, ainsi que de celui de la non-ingérence dans les affaires intérieures des autres Etats.

Article 22

Aucune disposition de la présente Convention n’habilite un Etat Partie à exercer sur le territoire d’un autre Etat Partie une compétence ou des fonctions qui sont exclusivement réservées aux autorités de cet autre Etat Partie par sa législation nationale.

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Article 23

1. Tout différend entre des Etats Parties concernant l’interprétation ou l’application de la présente Convention qui ne peut pas être réglé par voie de négociation dans un délai raisonnable est soumis à l’arbitrage, à la demande de l’un de ces Etats. Si, dans les six mois qui suivent la date de la demande d’arbitrage, les parties ne parviennent pas à se mettre d’accord sur l’organisation de l’arbitrage, l’une quelconque d’entre elles peut soumettre le différend à la Cour internationale de Justice, en déposant une requête conformément au Statut de la Cour.

2. Tout Etat peut, au moment où il signe, ratifie, accepte ou approuve la présente Convention ou y adhère, déclarer qu’il ne se considère pas lié par les dispositions du paragraphe 1 du présent article. Les autres Etats Parties ne sont pas liés par lesdites dispositions envers tout Etat Partie qui a formulé une telle réserve.

3. Tout Etat qui a formulé une réserve conformément aux dispositions du paragraphe 2 du présent article peut à tout moment lever cette réserve par une notification adressée au Secrétaire général de l’Organisation des Nations Unies.

Article 24

1. La présente Convention est ouverte à la signature de tous les Etats du 14 septembre 2005 au 31 décembre 2006, au Siège de l’Organisation des Nations Unies à New York.

2. La présente Convention sera ratifiée, acceptée ou approuvée. Les instruments de ratification, d’acceptation ou d’approbation seront déposés auprès du Secrétaire général de l’Organisation des Nations Unies.


Article 25


2. Pour chacun des Etats qui ratifieront, accepteront ou approuveront la Convention ou y adhéreront après le dépôt du vingt-deuxième instrument de ratification, d’acceptation, d’approbation ou d’adhésion, la Convention entrera en vigueur le trentième jour suivant le dépôt par cet Etat de son instrument de ratification, d’acceptation, d’approbation ou d’adhésion.


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Article 26

1. Un Etat Partie peut proposer un amendement à la présente Convention. L’amendement proposé est adressé au Dépositaire, qui le communique immédiatement à tous les Etats Parties.

2. Si la majorité des Etats Parties demande au Dépositaire la convocation d’une conférence pour l’examen de l’amendement proposé, le Dépositaire invite tous les Etats Parties à une conférence, qui ne s’ouvrira au plus tôt que trois mois après l’envoi des convocations.

3. La Conférence ne néglige aucun effort pour que les amendements soient adoptés par consensus. Au cas où elle ne peut y parvenir, les amendements sont adoptés à la majorité des deux tiers de tous les Etats Parties. Tout amendement communiqué par la Conférence est immédiatement communiqué par le Dépositaire à tous les Etats Parties.

4. L’amendement adopté conformément au paragraphe 3 du présent article entre en vigueur, pour chaque Etat Partie qui dépose son instrument de ratification, d’adoption ou d’approbation de l’amendement, ou d’adhésion à l’amendement, le trentième jour suivant la date à laquelle les deux tiers des Etats Parties auront déposé leur instrument pertinent. Par la suite, l’amendement entrera en vigueur pour tout Etat Partie le trentième jour suivant la date à laquelle il aura déposé son instrument pertinent.

Article 27

1. Tout Etat Partie peut dénoncer la présente Convention par voie de notification écrite adressée au Secrétaire général de l’Organisation des Nations Unies.


Article 28


En foi de quoi les soussignés, dûment autorisés à cet effet par leurs gouvernements respectifs, ont signé la présente Convention, qui a été ouverte à la signature au Siège de l’Organisation des Nations Unies à New York, le 14 septembre 2005.

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14. Amendement à la Convention sur la protection physique des matières nucléaires, 2005

Adopté à Vienne, le 8 juillet 2005 Entrée en vigueur : conformément à l’article. 20, paragraphe 2 Dépositaire : Directeur général de l’Agence internationale de l’énergie atomique

1. Le Titre de la Convention sur la protection physique des matières nucléaires, adoptée le 26 octobre 1979 (ci-après dénommée « la Convention ») est remplacé par le titre suivant : Convention sur la protection physique des matières nucléaires et des installations nucléaires

2. Le préambule de la Convention est remplacé par le texte suivant :


Reconnaissant le droit de tous les Etats à développer et à utiliser les applications de l’énergie nucléaire à des fins pacifiques et leur intérêt légitime pour les avantages qui peuvent en découler,

Convaincus de la nécessité de faciliter la coopération internationale et le transfert de technologies nucléaires pour les applications pacifiques de l’énergie nucléaire,

Ayant à l’esprit que la protection physique est d’une importance vitale pour la protection de la santé du public, la sûreté, l’environnement et la sécurité nationale et internationale,

Ayant à l’esprit les buts et principes de la Charte des Nations Unies concernant le maintien de la paix et de la sécurité internationales et la promotion de relations de bon voisinage et d’amitié, et de la coopération entre les Etats,

Considérant qu’aux termes du paragraphe 4 de l’article 2 de la Charte des Nations Unies, les « Membres de l’Organisation s’abstiennent, dans leurs relations internationales, de recourir à la menace ou à l’emploi de la force, soit contre l’intégrité territoriale ou l’indépendance politique de tout Etat, soit de toute autre manière incompatible avec les buts des Nations Unies »,

Rappelant la Déclaration sur les mesures visant à éliminer le terrorisme international annexée à la résolution 49/60 adoptée par l’Assemblée générale des Nations Unies le 9 décembre 1994,

Désireux d’écarter les risques qui pourraient découler du trafic illicite, de l’obtention et de l’usage illicites de matières nucléaires, et du sabotage de matières et installations nucléaires, et notant que la protection physique desdites matières et installations contre de tels actes est devenue un motif de préoccupation accrue aux niveaux national et international,


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Profondément préoccupés par la multiplication dans le monde entier des actes de terrorisme sous toutes ses formes et manifestations et par les menaces que font peser le terrorisme international et le crime organisé,

Estimant que la protection physique joue un rôle important d’appui aux objectifs de non-prolifération nucléaire et de lutte contre le terrorisme,

Désireux de contribuer par le biais de la présente Convention à renforcer dans le monde entier la protection physique des matières nucléaires et des installations nucléaires utilisées à des fins pacifiques,

Convaincus que les infractions relatives aux matières et installations nucléaires sont un motif de grave préoccupation et qu’il est urgent de prendre des mesures appropriées et efficaces, ou de renforcer les mesures existantes, pour assurer la prévention, la découverte et la répression de ces infractions,

Désireux de renforcer davantage la coopération internationale en vue de prendre, conformément à la législation nationale de chaque Etat partie et à la présente Convention, des mesures efficaces pour assurer la protection physique des matières et installations nucléaires,

Convaincus que la présente Convention devrait compléter l’utilisation, l’entreposage et le transport sûrs des matières nucléaires et l’exploitation sûre des installations nucléaires,

Reconnaissant qu’il existe des recommandations formulées au niveau international en matière de protection physique, qui sont mises à jour périodiquement et peuvent fournir à tout moment des orientations quant aux moyens actuels de parvenir à des niveaux efficaces de protection physique,

Reconnaissant également que la protection physique efficace des matières nucléaires et des installations nucléaires utilisées à des fins militaires relève de la responsabilité de l’Etat possédant de telles matières nucléaires et installations nucléaires, et étant entendu que lesdites matières et installations font et continueront de faire l’objet d’une protection physique rigoureuse,


3. Dans l’article premier de la Convention, après le paragraphe (c) sont ajoutés deux nouveaux paragraphes libellés comme suit :

(d) par « installation nucléaire », il faut entendre une installation (y compris les bâtiments et équipements associés) dans laquelle des matières nucléaires sont produites, traitées, utilisées, manipulées, entreposées ou stockées définitivement, si un dommage causé à une telle installation ou un acte qui perturbe son fonctionnement

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peut entraîner le relâchement de quantités significatives de rayonnements ou de matières radioactives ;

(e) par « sabotage », il faut entendre tout acte délibéré dirigé contre une installation nucléaire ou des matières nucléaires en cours d’utilisation, en entreposage ou en cours de transport, qui est susceptible, directement ou indirectement, de porter atteinte à la santé et à la sécurité du personnel ou du public ou à l’environnement en provoquant une exposition à des rayonnements ou un relâchement de substances radioactives ;

4. Après l’article premier de la Convention est ajouté un nouvel article premier A libellé comme suit :

Article premier A

Les objectifs de la présente Convention sont d’instaurer et de maintenir dans le monde entier une protection physique efficace des matières nucléaires utilisées à des fins pacifiques et des installations nucléaires utilisées à des fins pacifiques, de prévenir et de combattre les infractions concernant de telles matières et installations dans le monde entier, et de faciliter la coopération entre les Etats parties à cette fin.

5. L’article 2 de la Convention est remplacé par le texte suivant :

1. La présente Convention s’applique aux matières nucléaires utilisées à des fins pacifiques en cours d’utilisation, en entreposage et en cours de transport et aux installations nucléaires utilisées à des fins pacifiques, étant entendu, toutefois, que les dispositions des articles 3 et 4 et du paragraphe 4 de l’article 5 de la présente Convention ne s’appliquent à de telles matières nucléaires qu’en cours de transport nucléaire international.

2. La responsabilité de l’élaboration, de la mise en œuvre et du maintien d’un système de protection physique sur le territoire d’un Etat partie incombe entièrement à cet Etat.

3. Indépendamment des engagements expressément contractés par les Etats parties en vertu de la présente Convention, rien dans la présente Convention ne doit être interprété comme limitant les droits souverains d’un Etat.

4. (a) Rien dans la présente Convention ne modifie les autres droits, obligations et responsabilités qui découlent pour les Etats parties du droit international, en particulier des buts et principes de la Charte des Nations Unies et du droit humanitaire international.

(b) Les activités des forces armées en période de conflit armé, au sens donné à ces termes en droit humanitaire international, qui sont régies par ce droit ne sont pas


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régies par la présente Convention, et les activités menées par les forces armées d’un Etat dans l’exercice de leurs fonctions officielles, en tant qu’elles sont régies par d’autres règles de droit international, ne sont pas non plus régies par la présente Convention.

(c) Rien dans la présente Convention n’est considéré comme une autorisation licite de recourir ou de menacer de recourir à la force contre des matières ou des installations nucléaires utilisées à des fins pacifiques.

(d) Rien dans la présente Convention n’excuse ou ne rend licites des actes par ailleurs illicites, ni n’empêche l’exercice de poursuites en vertu d’autres lois.

5. La présente Convention ne s’applique pas à des matières nucléaires utilisées ou conservées à des fins militaires ou à une installation nucléaire contenant de telles matières.

6. Après l’article 2 de la Convention est ajouté un nouvel Article 2 A libellé comme suit :

Article 2 A

1. Chaque Etat partie élabore, met en œuvre et maintient un système approprié de protection physique des matières et installations nucléaires sous sa juridiction ayant pour objectifs :

(a) de protéger les matières nucléaires en cours d’utilisation, en entreposage et en cours de transport contre le vol et l’obtention illicite par d’autres moyens ;

(b) d’assurer l’application de mesures rapides et complètes destinées à localiser et, s’il y a lieu, récupérer des matières nucléaires manquantes ou volées ; lorsque les matières sont situées en dehors de son territoire, cet Etat partie agit conformément aux dispositions de l’article 5 ;

(c) de protéger les matières et installations nucléaires contre le sabotage ;

(d) d’atténuer ou de réduire le plus possible les conséquences radiologiques d’un sabotage.

2. Pour la mise en œuvre du paragraphe 1, chaque Etat partie :

(a) établit et maintient un cadre législatif et réglementaire pour régir la protection physique ;

(b) crée ou désigne une ou plusieurs autorités compétentes chargées de mettre en œuvre le cadre législatif et réglementaire ;

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(c) prend toute autre mesure appropriée nécessaire pour assurer la protection physique des matières et installations nucléaires.

3. Pour la mise en œuvre des obligations visées aux paragraphes 1 et 2, chaque Etat partie, sans préjudice des autres dispositions de la présente Convention, applique pour autant qu’il soit raisonnable et faisable les principes fondamentaux de protection physique des matières et installations nucléaires ci-après.

Principe fondamental A : Responsabilité de l’Etat

La responsabilité de l’élaboration, de la mise en œuvre et du maintien d’un système de protection physique sur le territoire d’un Etat incombe entièrement à cet Etat.

Principe fondamental B : Responsabilités pendant un transport international

La responsabilité d’un Etat pour assurer la protection adéquate des matières nucléaires s’étend au transport international de ces dernières jusqu’à ce qu’elle ait été transférée en bonne et due forme à un autre Etat, de manière appropriée.

Principe fondamental C : Cadre législatif et réglementaire

L’Etat est chargé d’établir et de maintenir un cadre législatif et réglementaire pour la protection physique. Ce cadre devrait inclure l’élaboration de prescriptions de protection physique pertinentes et la mise en place d’un système d’évaluation et d’agrément ou prévoir d’autres procédures pour la délivrance des autorisations. Il devrait en outre comporter un système d’inspection des installations nucléaires et du transport de matières nucléaires, destiné à s’assurer que les prescriptions pertinentes et les conditions d’agrément ou des autres documents d’autorisation sont respectées et à mettre en place des moyens pour les faire appliquer, incluant des sanctions efficaces.

Principe fondamental D : Autorité compétente

L’Etat devrait créer ou désigner une autorité compétente chargée de mettre en œuvre le cadre législatif et réglementaire et dotée des pouvoirs, des compétences et des ressources financières et humaines adéquats pour assumer les responsabilités qui lui ont été confiées. L’Etat devrait prendre des mesures pour veiller à ce qu’il y ait une réelle indépendance entre les fonctions de l’autorité nationale compétente et celles de tout autre organisme chargé de la promotion ou de l’utilisation de l’énergie nucléaire.

Principe fondamental E : Responsabilité des détenteurs d’agréments

Les responsabilités en matière de mise en œuvre des différents éléments composant le système de protection physique sur le territoire d’un Etat devraient être clairement définies. L’Etat devrait s’assurer que la responsabilité de la mise en œuvre de la protection physique des matières ou des installations nucléaires incombe en premier lieu aux


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détenteurs d’agréments pertinents ou d’autres documents d’autorisation (par exemple les exploitants ou les expéditeurs).

Principe fondamental F : Culture de sécurité

Toutes les entités impliquées dans la mise en œuvre de la protection physique devraient accorder la priorité requise à la culture de sécurité, à son développement et à son maintien, nécessaires pour assurer sa mise en œuvre effective à tous les échelons de chacune de ces entités.

Principe fondamental G : Menace

La protection physique dans un Etat devrait être fondée sur l’évaluation actuelle de la menace faite par l’Etat.

Principe fondamental H : Approche graduée

Les prescriptions concernant la protection physique devraient être établies selon une approche graduée qui tienne compte de l’évaluation actuelle de la menace, de l’attractivité relative, de la nature des matières et des conséquences qui pourraient résulter de l’enlèvement non autorisé de matières nucléaires et d’un acte de sabotage contre des matières nucléaires ou des installations nucléaires.

Principe fondamental I : Défense en profondeur

Les prescriptions nationales concernant la protection physique devraient être l’expression d’un concept reposant sur plusieurs niveaux et modalités de protection (qu’ils soient structurels ou techniques, concernant le personnel ou organisationnels) qui doivent être surmontés ou contournés par un agresseur pour atteindre ses objectifs.

Principe fondamental J : Assurance de la qualité

Une politique et des programmes d’assurance de la qualité devraient être établis et mis en œuvre en vue d’assurer que les prescriptions définies pour toutes les activités importantes en matière de protection physique sont respectées.

Principe fondamental K : Plans d’urgence

Des plans d’urgence destinés à répondre à un enlèvement non autorisé de matières nucléaires ou à un acte de sabotage visant des installations ou des matières nucléaires ou de tentatives en ce sens devraient être préparés et testés de manière appropriée par tous les détenteurs d’autorisation et les autorités concernées.

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Principe fondamental L : Confidentialité

L’Etat devrait établir les prescriptions à respecter pour préserver la confidentialité des informations, dont la divulgation non autorisée pourrait compromettre la protection physique des matières et des installations nucléaires.

4. (a) Les dispositions du présent article ne s’appliquent pas à toute matière nucléaire dont l’Etat partie décide raisonnablement qu’elle n’a pas à être soumise au système de protection physique établi conformément au paragraphe 1, compte tenu de sa nature, de sa quantité et de son attractivité relative, des conséquences radiologiques potentielles et autres conséquences de tout acte non autorisé dirigé contre elle et de l’évaluation actuelle de la menace la concernant.

(b) Une matière nucléaire qui n’est pas soumise aux dispositions du présent article en vertu de l’alinéa a) devrait être protégée conformément à des pratiques de gestion prudente.


1. Les Etats parties désignent et s’indiquent mutuellement, directement ou par l’intermédiaire de l’Agence internationale de l’énergie atomique, leurs correspondants pour les questions relevant de la présente Convention.

2. En cas de vol, de vol qualifié ou de toute autre obtention illicite de matières nucléaires, ou de menace vraisemblable d’un tel acte, les Etats parties apportent leur coopération et leur aide dans toute la mesure possible, conformément à leur législation nationale, pour la récupération et la protection desdites matières, à tout Etat qui en fait la demande. En particulier :

(a) un Etat partie prend les dispositions nécessaires pour informer aussitôt que possible les autres Etats qui lui semblent concernés de tout vol, vol qualifié ou autre obtention illicite de matières nucléaires, ou de menace vraisemblable d’un tel acte, et pour informer, selon qu’il convient, l’Agence internationale de l’énergie atomique et les autres organisations internationales pertinentes ;

(b) ce faisant, et selon qu’il convient, les Etats parties concernés échangent des informations entre eux ou avec l’Agence internationale de l’énergie atomique et les autres organisations internationales pertinentes afin de protéger les matières nucléaires menacées, de vérifier l’intégrité du conteneur de transport ou de récupérer les matières nucléaires illicitement enlevées, et :

(i) coordonnent leurs efforts par la voie diplomatique et par d’autres moyens prévus d’un commun accord ;

(ii) se prêtent assistance, si la demande en est faite ;


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(iii) assurent la restitution des matières nucléaires volées ou manquantes qui ont été récupérées par suite des événements susmentionnés.

Les modalités de mise en œuvre de cette coopération sont arrêtées par les Etats parties concernés.

3. En cas d’acte de sabotage de matières nucléaires ou d’une installation nucléaire, ou de menace vraisemblable d’un tel acte, les Etats parties coopèrent dans toute la mesure possible, conformément à leur législation nationale ainsi qu’aux obligations pertinentes qui leur incombent en vertu du droit international, selon les modalités suivantes :

(a) si un Etat partie a connaissance d’une menace vraisemblable de sabotage de matières ou d’une installation nucléaires dans un autre Etat, il décide des dispositions à prendre pour en informer aussitôt que possible ce dernier et, selon qu’il convient, l’Agence internationale de l’énergie atomique et les autres organisations internationales pertinentes, afin d’empêcher le sabotage ;

(b) en cas de sabotage de matières ou d’une installation nucléaires dans un Etat partie et si celui-ci estime que d’autres Etats sont susceptibles d’être touchés par un événement de nature radiologique, sans préjudice des autres obligations qui lui incombent en vertu du droit international, il prend les dispositions nécessaires pour informer aussitôt que possible l’autre ou les autres Etats susceptibles d’être touchés par un événement de nature radiologique et, selon qu’il convient, l’Agence internationale de l’énergie atomique et les autres organisations internationales pertinentes, afin de réduire le plus possible ou d’atténuer les conséquences radiologiques de cet acte de sabotage ;

(c) si, compte tenu des alinéas a) et b), un Etat partie demande une assistance, chaque Etat partie auquel une telle demande est adressée détermine rapidement et fait savoir à celui qui requiert l’assistance, directement ou par l’intermédiaire de l’Agence internationale de l’énergie atomique, s’il est en mesure de fournir l’assistance requise, ainsi que la portée et les conditions de l’assistance qui pourrait être octroyée ;

(d) la coordination des activités de coopération visées aux alinéas a), b) et c) est assurée par la voie diplomatique et par d’autres moyens prévus d’un commun accord. Les modalités de mise en œuvre de cette coopération sont définies par les Etats parties concernés de manière bilatérale ou multilatérale.

4. Les Etats parties coopèrent et se consultent, en tant que de besoin, directement ou par l’intermédiaire de l’Agence internationale de l’énergie atomique et d’autres organisations internationales pertinentes, en vue d’obtenir des avis sur la conception, le maintien et l’amélioration des systèmes de protection physique des matières nucléaires en cours de transport international.

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5. Un Etat partie peut consulter les autres Etats parties et coopérer avec eux, en tant que de besoin, directement ou par l’intermédiaire de l’Agence internationale de l’énergie atomique et d’autres organisations internationales pertinentes, en vue d’obtenir leurs avis sur la conception, le maintien et l’amélioration de son système national de protection physique des matières nucléaires en cours d’utilisation, en entreposage et en cours de transport sur le territoire national et des installations nucléaires.


1. Les Etats parties prennent les mesures appropriées compatibles avec leur législation nationale pour protéger le caractère confidentiel de toute information qu’ils reçoivent à titre confidentiel en vertu des dispositions de la présente Convention d’un autre Etat partie ou à l’occasion de leur participation à une activité exécutée en application de la présente Convention. Lorsque des Etats parties communiquent confidentiellement des informations à des organisations internationales ou à des Etats qui ne sont pas parties à la présente Convention, des mesures sont prises pour faire en sorte que la confidentialité de ces informations soit protégée. Un Etat partie qui a reçu des informations à titre confidentiel d’un autre Etat partie ne communique ces informations à des tiers qu’avec le consentement de cet autre Etat partie.

2. Les Etats parties ne sont pas tenus par la présente Convention de fournir des informations que leur législation nationale ne permet pas de communiquer ou qui compromettraient leur sécurité nationale ou la protection physique des matières ou installations nucléaires.

9. Le paragraphe 1 de l’article 7 de la Convention est remplacé par le texte suivant :

1. Le fait de commettre intentionnellement l’un des actes suivants :

(a) le recel, la détention, l’utilisation, le transfert, l’altération, la cession ou la dispersion de matières nucléaires, sans l’autorisation requise, et entraînant ou pouvant entraîner la mort ou des blessures graves pour autrui ou des dommages substantiels aux biens ou à l’environnement ;

(b) le vol simple ou le vol qualifié de matières nucléaires ;

(c) le détournement ou toute autre appropriation indue de matières nucléaires ;

(d) un acte consistant à transporter, envoyer ou déplacer des matières nucléaires vers ou depuis un Etat sans l’autorisation requise ;

(e) un acte dirigé contre une installation nucléaire, ou un acte perturbant le fonctionnement d’une installation nucléaire, par lequel l’auteur provoque intentionnellement ou sait qu’il peut provoquer la mort ou des blessures graves pour


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autrui ou des dommages substantiels aux biens ou à l’environnement par suite de l’exposition à des rayonnements ou du relâchement de substances radioactives, à moins que cet acte ne soit entrepris en conformité avec le droit national de l’Etat partie sur le territoire duquel l’installation nucléaire est située ;

(f) le fait d’exiger des matières nucléaires par la menace, le recours à la force ou toute autre forme d’intimidation ;

(g) la menace :

(i) d’utiliser des matières nucléaires dans le but de causer la mort ou des blessures graves à autrui ou des dommages substantiels aux biens ou à l’environnement ou de commettre l’infraction décrite à l’alinéa e) ; ou

(ii) de commettre une des infractions décrites aux alinéas b) et e) dans le but de contraindre une personne physique ou morale, une organisation internationale ou un Etat à faire ou à s’abstenir de faire un acte ;

(h) la tentative de commettre l’une des infractions décrites aux alinéas a) à e) ;

(i) le fait de participer à l’une des infractions décrites aux alinéas a) à h) ;

(j) le fait pour une personne d’organiser la commission d’une infraction visée aux alinéas a) à h) ou de donner l’ordre à d’autres personnes de la commettre ;

(k) un acte qui contribue à la commission de l’une des infractions décrites aux alinéas a) à h) par un groupe de personnes agissant de concert. Un tel acte est intentionnel et :

(i) soit vise à faciliter l’activité criminelle ou à servir le but criminel du groupe, lorsque cette activité ou ce but supposent la commission d’une infraction visée aux alinéas a) à g) ;

(ii) soit est fait en sachant que le groupe a l’intention de commettre une infraction visée aux alinéas a) à g) ;

est considéré par chaque Etat partie comme une infraction punissable en vertu de son droit national.

10. Après l’article 11 de la Convention sont ajoutés deux nouveaux articles, article 11 A et article 11 B libellés comme suit :

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Article 11 A

Aux fins de l’extradition ou de l’entraide judiciaire entre Etats parties, aucune des infractions visées à l’article 7 n’est considérée comme une infraction politique, ou connexe à une infraction politique, ou inspirée par des mobiles politiques. En conséquence, une demande d’extradition ou d’entraide judiciaire fondée sur une telle infraction ne peut être refusée pour la seule raison qu’elle concerne une infraction politique, une infraction connexe à une infraction politique ou une infraction inspirée par des mobiles politiques.

Article 11 B

Aucune disposition de la présente Convention ne doit être interprétée comme impliquant une obligation d’extradition ou d’entraide judiciaire si l’Etat partie requis a des raisons sérieuses de croire que la demande d’extradition pour les infractions visées à l’article 7 ou la demande d’entraide concernant de telles infractions a été présentée aux fins de poursuivre ou de punir une personne pour des considérations de race, de religion, de nationalité, d’origine ethnique ou d’opinions politiques, ou que donner suite à cette demande porterait préjudice à la situation de cette personne pour l’une quelconque de ces considérations.

11. Après l’article 13 de la Convention est ajouté un nouvel article 13 A libellé comme suit :

Article 13 A

Rien dans la présente Convention n’affecte le transfert de technologie nucléaire à des fins pacifiques qui est entrepris en vue de renforcer la protection physique des matières et installations nucléaires.

12. Le paragraphe 3 de l’article 14 de la Convention est remplacé par le texte suivant :

3. Lorsqu’une infraction concerne des matières nucléaires en cours d’utilisation, en entreposage ou en cours de transport sur le territoire national et que tant l’auteur présumé de l’infraction que les matières nucléaires concernées demeurent sur le territoire de l’Etat partie où l’infraction a été commise, ou lorsqu’une infraction concerne une installation nucléaire et que l’auteur présumé de l’infraction demeure sur le territoire de l’Etat partie où l’infraction a été commise, rien dans la présente Convention n’est interprété comme impliquant pour cet Etat partie de fournir des informations sur les procédures pénales relatives à cette infraction.


1. Le dépositaire convoque une conférence des Etats parties cinq ans après l’entrée en vigueur de l’amendement adopté le 8 juillet 2005 afin d’examiner l’application de la présente Convention et de procéder à son évaluation en ce qui


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concerne le préambule, la totalité du dispositif et les annexes compte tenu de la situation existant à ce moment-là.

2. Par la suite, à des intervalles de cinq ans au moins, la majorité des Etats parties peut obtenir la convocation de conférences ultérieures ayant le même objectif, en soumettant au dépositaire une proposition à cet effet.

14. La note b/ de l’annexe II de la Convention est remplacée par le texte suivant :

b/ Matières non irradiées dans un réacteur ou matières irradiées dans un réacteur donnant un niveau de rayonnement égal ou inférieur à 1 gray/heure (100 rads/heure) à 1 mètre de distance sans écran.

15. La note e/ de l’annexe II de la Convention est remplacée par le texte suivant :

e/ Les autres combustibles qui en vertu de leur teneur originelle en matières fissiles sont classés dans la catégorie I ou dans la catégorie II avant irradiation peuvent entrer dans la catégorie directement inférieure si le niveau de rayonnement du combustible dépasse 1 gray/heure (100 rads/heure) à 1 mètre de distance sans écran.

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15. Protocole de 2005 relatif à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime, 2005

Signé à Londres, le 14 octobre 2005 Entrée en vigueur : conformément à l’article 18 du Protocole OMI, LEG/CONF.15/21 (1 novembre 2005) Dépositaire : Secrétaire général de l’Organisation maritime internationale

PREAMBULE

Les Etats parties au présent Protocole,

Etant parties à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime, conclue à Rome le 10 mars 1988,

Reconnaissant que les actes terroristes constituent une menace pour la paix et la sécurité internationales,

Ayant à l’esprit la résolution A.924(22) de l’Assemblée de l’Organisation maritime internationale qui demande de réviser les mesures techniques et juridiques internationales existantes et d’envisager de nouvelles mesures permettant de prévenir et réprimer le terrorisme à l’encontre des navires et d’améliorer la sûreté à bord et à terre, de façon à réduire les risques pour les passagers, les équipages et le personnel portuaire, à bord des navires et dans les zones portuaires, ainsi que pour les navires et leurs cargaisons,

Conscients de la Déclaration sur les mesures visant à éliminer le terrorisme international, annexée à la résolution 49/60 de l’Assemblée générale du 9 décembre 1994, dans laquelle, entre autres dispositions, les Etats Membres de l’Organisation des Nations Unies réaffirment solennellement leur condamnation catégorique, comme criminels et injustifiables, de tous les actes, méthodes et pratiques terroristes, où qu’ils se produisent et quels qu’en soient les auteurs, notamment ceux qui compromettent les relations amicales entre les Etats et les peuples et menacent l’intégrité territoriale et la sécurité des Etats,

Prenant note de la résolution 51/210 de l’Assemblée générale des Nations Unies du 17 décembre 1996 et de la Déclaration complétant la Déclaration de 1994 sur les mesures visant à éliminer le terrorisme international qui y est annexée,

Par souci d’économie le présent document a fait l’objet d’un tirage limité. Les délégués sont priés d’apporter leurs exemplaires aux réunions et de s’abstenir d’en demander d’autres.

Rappelant les résolutions 1368 (2001) et 1373 (2001) du Conseil de sécurité des Nations Unies, qui expriment la volonté de la communauté internationale de combattre le terrorisme sous toutes ses formes et dans toutes ses manifestations et qui confient des tâches


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et des responsabilités aux Etats à cette fin, et compte tenu des menaces que les attentats terroristes continuent de faire peser,

Rappelant aussi la résolution 1540 (2004) du Conseil de sécurité des Nations Unies qui reconnaît qu’il est nécessaire que tous les Etats prennent d’urgence des mesures effectives supplémentaires pour empêcher la prolifération des armes nucléaires, chimiques et biologiques et de leurs vecteurs,

Rappelant en outre la Convention relative aux infractions et à certains autres actes survenant à bord des aéronefs, conclue à Tokyo le 14 septembre 1963; la Convention pour la répression de la capture illicite d’aéronefs, conclue à La Haye le 16 décembre 1970; la Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, conclue à Montréal le 23 septembre 1971; la Convention sur la prévention et la répression des infractions contre les personnes jouissant d’une protection internationale, y compris les agents diplomatiques, adoptée par l’Assemblée générale des Nations Unies le 14 décembre 1973; la Convention internationale contre la prise d’otages, adoptée par l’Assemblée générale des Nations Unies le 17 décembre 1979; la Convention sur la protection physique des matières nucléaires, conclue à Vienne le 26 octobre 1979, ainsi que les amendements y relatifs, adoptés le 8 juillet 2005; le Protocole pour la répression des actes illicites de violence dans les aéroports servant à l’aviation civile internationale, conclu à Montréal le 24 février 1988, en complément de la Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile; le Protocole pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental, conclu à Rome le 10 mars 1988; la Convention sur le marquage des explosifs plastiques et en feuilles aux fins de détection, conclue à Montréal le 1er mars 1991; la Convention internationale pour la répression des attentats terroristes à l’explosif, adoptée par l’Assemblée générale des Nations Unies le 15 décembre 1997; la Convention internationale pour la répression du financement du terrorisme, adoptée par l’Assemblée générale des Nations Unies le 9 décembre 1999, et la Convention internationale pour la répression des actes de terrorisme nucléaire, adoptée par l’Assemblée générale des Nations Unies le 13 avril 2005,

Tenant compte de l’importance de la Convention des Nations Unies sur le droit de la mer, conclue à Montego Bay le 10 décembre 1982, et du droit international coutumier de la mer,

Notant la résolution 59/46 de l’Assemblée générale des Nations Unies, qui réaffirme que la coopération internationale, ainsi que les mesures prises par les Etats pour lutter contre le terrorisme, devraient être appliquées dans le respect des principes consacrés par la Charte des Nations Unies, des principes du droit international et des conventions internationales pertinentes, ainsi que la résolution 59/24 de l’Assemblée générale des Nations Unies, qui engage vivement les Etats à devenir parties à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime et à son protocole, les invite à participer à l’examen de ces instruments par le Comité juridique de l’Organisation maritime internationale afin de renforcer les moyens de lutter contre ces actes illicites, y compris les actes terroristes, et les engage de même vivement à prendre les mesures voulues

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pour assurer l’application effective de ces instruments, en particulier en adoptant, s’il y a lieu, des dispositions législatives pour faire en sorte de disposer d’un cadre d’intervention approprié face aux vols à main armée et aux actes terroristes commis en mer,

Notant également l’importance des amendements à la Convention internationale de 1974 pour la sauvegarde de la vie humaine en mer et du Code international pour la sûreté des navires et des installations portuaires (Code ISPS), qui ont été adoptés en 2002 par la Conférence des Gouvernements contractants à ladite convention en vue de mettre en place un cadre technique international approprié faisant appel à la coopération entre les gouvernements, les organismes publics, les administrations nationales et locales et les secteurs maritime et portuaire pour détecter les menaces contre la sûreté et prendre des mesures de sauvegarde contre les incidents de sûreté qui menacent les navires ou les installations portuaires utilisés dans le commerce international,

Notant en outre la résolution 58/187 de l’Assemblée générale des Nations Unie, qui réaffirme que les Etats doivent faire en sorte que toute mesure prise pour combattre le terrorisme respecte les obligations qui leur incombent en vertu du droit international, en particulier des instruments internationaux relatifs aux droits de l’homme et aux réfugiés, ainsi qu’au droit humanitaire,

Estimant qu’il est nécessaire d’adopter des dispositions en complément de celles de la Convention, en vue de réprimer des actes terroristes de violence supplémentaires contre la sûreté et la sécurité de la navigation maritime internationale et de renforcer l’effet utile de la Convention,


Article premier

Aux fins du présent Protocole :

1. « Convention » s’entend de la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime, conclue à Rome le 10 mars 1988.

2. « Organisation » s’entend de l’Organisation maritime internationale (OMI).

3. « Secrétaire général » s’entend du Secrétaire général de l’Organisation.

Article 2

1. Modifier l’article premier de la Convention comme suit :


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Article premier

1. Aux fins de la présente Convention :

(a) « Navire » s’entend d’un bâtiment de mer de quelque type que ce soit, qui n’est pas attaché en permanence au fond de la mer, y compris les engins à portance dynamique, les engins submersibles ou tout autre engin flottant.

(b) On entend par « transporter » engager, organiser le mouvement d’une personne ou d’un produit ou exercer un contrôle effectif, y compris un pouvoir décisionnel, sur ce mouvement.

(c) « Dommages corporels ou matériels graves » s’entend des :

(i) dommages corporels graves; ou

(ii) destructions massives d’un lieu public, d’une installation gouvernementale ou publique, d’une infrastructure ou d’un système de transport public entraînant des pertes économiques considérables; ou

(iii) dommages substantiels à l’environnement, notamment l’air, le sol, les eaux, la faune ou la flore.

(d) « Armes BCN » s’entend :

(i) des « armes biologiques » qui sont :

1) des agents micro biologiques ou autres agents biologiques, ainsi que des toxines quels qu’en soient l’origine ou le mode de production, de types et en quantités qui ne sont pas destinés à des fins prophylactiques, de protection ou à d’autres fins pacifiques; ou

2) des armes, de l’équipement ou des vecteurs destinés à l’emploi de tels agents ou toxines à des fins hostiles ou dans des conflits armés;

(ii) des « armes chimiques » qui sont, pris ensemble ou séparément :

1) des produits chimiques toxiques et leurs précurseurs, à l’exception de ceux qui sont destinés à :

A) des fins industrielles, agricoles, de recherche, des fins médicales, pharmaceutiques ou d’autres fins pacifiques; ou

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B) des fins de protection, à savoir les fins ayant un rapport direct avec la protection contre les produits chimiques toxiques et la protection contre les armes chimiques; ou

C) des fins militaires sans rapport avec l’emploi d’armes chimiques et qui ne sont pas tributaires de l’emploi, en tant que moyen de guerre, des propriétés toxiques de produits chimiques; ou

D) des fins de maintien de l’ordre public, y compris de lutte anti-émeute sur le plan intérieur, aussi longtemps que les types et quantités en jeu sont compatibles avec de telles fins;

2) des munitions et dispositifs spécifiquement conçus pour provoquer la mort ou d’autres dommages par l’action toxique des produits chimiques toxiques définis à l’alinéa ii) 1), qui seraient libérés du fait de l’emploi de ces munitions et dispositifs;

3) tout matériel spécifiquement conçu pour être utilisé en liaison directe avec l’emploi des munitions et dispositifs définis à l’alinéa ii) 2);

(iii) des armes nucléaires et autres dispositifs explosifs nucléaires.

(e) « Produit chimique toxique » s’entend de tout produit chimique qui, par son action chimique sur des processus biologiques, peut provoquer chez les êtres humains ou les animaux la mort, une incapacité temporaire ou des dommages permanents. Cela comprend tous les produits chimiques de ce type, quels qu’en soient l’origine ou le mode de fabrication, qu’ils soient obtenus dans des installations, dans des munitions ou ailleurs.

(f) « Précurseur » s’entend de tout réactif chimique qui entre à un stade quelconque dans la fabrication d’un produit chimique toxique, quel que soit le procédé utilisé. Cela comprend tout composant clé d’un système chimique binaire ou à composants multiples.

(g) « Organisation » s’entend de l’Organisation maritime internationale (OMI).

(h) « Secrétaire général » s’entend du Secrétaire général de l’Organisation.

2. Aux fins de la présente Convention :

(a) les expressions « lieu public », « installation gouvernementale ou publique », « infrastructure », et « système de transport public » s’entendent au sens de la Convention internationale pour la répression des attentats terroristes à l’explosif, conclue à New York le 15 décembre 1997; et


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(b) les expressions « matière brute » et « produit fissile spécial » s’entendent au sens du Statut de l’Agence internationale de l’énergie atomique (AIEA), établi à New York le 26 octobre 1956.

Article 3

Ajouter le texte suivant en tant qu’article 2bis de la Convention :

Article 2bis

1. Aucune disposition de la présente Convention n’a d’incidence sur les autres droits, obligations et responsabilités des Etats et des individus en vertu du droit international, en particulier des buts et principes de la Charte des Nations Unies, du droit international relatif aux droits de l’homme et aux réfugiés et du droit international humanitaire.

2. La présente Convention ne s’applique pas aux activités des forces armées en période de conflit armé, au sens donné à ces termes en droit international humanitaire, qui sont régies par ce droit, ni aux activités menées par les forces armées d’un Etat dans l’exercice de leurs fonctions officielles, en tant qu’elles sont régies par d’autres règles de droit international.

3. Aucune disposition de la présente Convention ne porte atteinte aux droits, obligations et responsabilités qui découlent du Traité sur la non-prolifération des armes nucléaires, conclu à Washington, Londres et Moscou le 1er juillet 1968, de la Convention sur l’interdiction de la mise au point, de la fabrication et du stockage des armes bactériologiques (biologiques) ou à toxines et sur leur destruction, conclue à Washington, Londres et Moscou le 10 avril 1972 ou de la Convention sur l’interdiction de la mise au point, de la fabrication, du stockage et de l’emploi des armes chimiques et sur leur destruction, conclue à Paris le 13 janvier 1993, pour les Etats Parties à ces traités.

Article 4

1. Remplacer la phrase d’introduction du paragraphe 1 de l’article 3 de la Convention par le texte suivant :

Commet une infraction au sens de la présente Convention toute personne qui illicitement et délibérément :

2. Paragraphe 1 (f) de l’article 3 de la Convention : modification sans objet en français.

3. Supprimer le paragraphe 1 (g) de l’article 3 de la Convention.

4. Remplacer le paragraphe 2 de l’article 3 de la Convention par le texte suivant :

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2. Commet également une infraction toute personne qui menace de commettre l’une quelconque des infractions visées aux paragraphes 1 b), c) et e), si cette menace est de nature à compromettre la sécurité de la navigation du navire en question, ladite menace étant assortie ou non, en vertu du droit interne, d’une condition, afin de contraindre une personne physique ou morale à accomplir ou à s’abstenir d’accomplir un acte quelconque.

5. Ajouter le texte ci-après en tant qu’article 3bis de la Convention :

Article 3bis

1. Commet une infraction au sens de la présente Convention toute personne qui illicitement et délibérément :

(a) lorsque cet acte, par sa nature ou son contexte, vise à intimider une population ou à contraindre un gouvernement ou une organisation internationale à accomplir ou à s’abstenir d’accomplir un acte quelconque :

(i) utilise contre ou à bord d’un navire, ou déverse à partir d’un navire, des explosifs, des matières radioactives ou des armes BCN, d’une manière qui provoque ou risque de provoquer la mort ou des dommages corporels ou matériels graves; ou

(ii) déverse, à partir d’un navire, des hydrocarbures, du gaz naturel liquéfié, ou d’autres substances nocives ou potentiellement dangereuses, qui ne sont pas visés à l’alinéa a ) i), en quantités ou concentrations qui provoquent ou risquent de provoquer des dommages corporels ou matériels graves; ou

(iii) utilise un navire d’une manière qui provoque la mort ou des dommages corporels ou matériels graves; ou

(iv) menace de commettre l’une quelconque des infractions visées à l’ alinéa a) i), ii) ou iii), ladite menace étant assortie ou non, en vertu du droit interne, d’une condition; ou

(b) transporte à bord d’un navire :

(i) des explosifs ou des matières radioactives, en sachant que ceux-ci sont destinés à provoquer ou à menacer de provoquer la mort, des dommages corporels ou matériels graves, ladite menace étant assortie ou non, en vertu du droit interne, d’une condition, afin d’intimider une population ou de contraindre un gouvernement ou une organisation internationale à accomplir ou à s’abstenir d’accomplir un acte quelconque; ou


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(ii) toute arme BCN, en sachant qu’il s’agit d’une arme BCN au sens de l’article premier; ou

(iii) des matières brutes ou produits fissiles spéciaux, équipements ou matières spécialement conçus ou préparés pour le traitement, l’utilisation ou la production de produits fissiles spéciaux, en sachant que ces matières, produits ou équipements sont destinés à une activité explosive nucléaire ou à toute autre activité nucléaire non soumise à des garanties en vertu d’un accord de garanties généralisées de l’AIEA; ou

(iv) des équipements, matières ou logiciels ou des technologies connexes qui contribuent de manière significative à la conception, la fabrication ou au lancement d’une arme BCN, en ayant l’intention de les utiliser à cette fin.

2. Ne constitue pas une infraction au sens de la Convention le fait de transporter des biens ou matières visés au paragraphe 1 b) iii) ou, dans la mesure où ils ont un rapport avec une arme nucléaire ou autre dispositif explosif nucléaire, au paragraphe 1 b) iv), si ces biens ou matières sont transportés à destination ou en provenance du territoire d’un Etat Partie au Traité sur la non-prolifération des armes nucléaires ou sous son contrôle, lorsque :

(a) le transfert ou la réception des biens ou matières qui en résulte, y compris à l’intérieur d’un Etat, n’est pas contraire aux obligations de cet Etat Partie découlant du Traité sur la non-prolifération des armes nucléaires, et

(b) si les biens ou matières sont destinés à un vecteur d’une arme nucléaire ou autre dispositif explosif nucléaire d’un Etat Partie au Traité sur la non-prolifération des armes nucléaires, le fait de détenir cette arme ou ce dispositif n’est pas contraire aux obligations de cet Etat Partie découlant dudit Traité.

6. Ajouter le texte ci-après en tant qu’article 3ter de la Convention

Article 3ter

1. Commet une infraction au sens de la présente Convention toute personne qui illicitement et délibérément transporte à bord d’un navire une autre personne en sachant que cette personne a commis un acte qui constitue une infraction visée à l’article 3, 3bis ou 3quater ou une des infractions visées par l’un des traités énumérés dans l’Annexe et en ayant l’intention d’aider cette personne à échapper à des poursuites pénales.

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7. Ajouter le texte ci-après en tant qu’article 3quater de la Convention :

Article 3quater

Commet également une infraction au sens de la présente Convention toute personne qui :

(a) illicitement et délibérément blesse ou tue toute personne, lorsque ces faits présentent un lien de connexité avec l’une des infractions visées au paragraphe 1 de l’article 3 ou à l’article 3bis ou 3ter; ou

(b) tente de commettre une infraction visée au paragraphe 1 de l’article 3, au paragraphe 1 a) i), ii) ou iii) de l’article 3bis ou à l’alinéa a) du présent article; ou

(c) se rend complice d’une infraction visée à l’article 3, 3bis ou 3ter ou à l’alinéa a) ou b) du présent article; ou

(d) organise la commission d’une infraction visée à l’article 3, 3bis ou 3ter ou à l’alinéa a) ou b) du présent article ou donne l’ordre à d’autres personnes de la commettre; ou

(e) contribue à la commission de l’une ou plusieurs des infractions visées à l’article 3, 3bis ou 3ter ou à l’alinéa a) ou b) du présent article, par un groupe de personnes agissant de concert, cette contribution étant délibérée et faite soit :

(i) pour faciliter l’activité criminelle du groupe ou en servir le but, lorsque cette activité ou ce but suppose la commission d’une infraction visée à l’article 3, 3bis ou 3ter; soit

(ii) en sachant que le groupe a l’intention de commettre une infraction visée à l’article 3, 3bis ou 3ter.

Article 5

1. Remplacer l’article 5 de la Convention par le texte suivant :

Chaque Etat Partie réprime les infractions visées aux articles 3, 3bis, 3ter et 3quater par des peines appropriées qui prennent en considération la nature grave de ces infractions.


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Article 5bis

1. Chaque Etat Partie, conformément aux principes de son droit interne, prend les mesures nécessaires pour que la responsabilité d’une personne morale située sur son territoire ou constituée sous l’empire de sa législation soit engagée lorsque une personne responsable de la direction ou du contrôle de cette personne morale a, en cette qualité, commis une infraction visée par la présente Convention. Cette responsabilité peut être pénale, civile ou administrative.

2. Elle est engagée sans préjudice de la responsabilité pénale des personnes physiques qui ont commis les infractions.

3. Chaque Etat Partie veille en particulier à ce que les personnes morales dont la responsabilité est engagée en vertu du paragraphe 1 fassent l’objet de sanctions pénales, civiles ou administratives efficaces, proportionnées et dissuasives. Ces sanctions peuvent être notamment d’ordre pécuniaire.

Article 6

1. Remplacer la phrase d’introduction du paragraphe 1 de l’article 6 par ce qui suit :

1. Chaque Etat partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions visées aux articles 3, 3bis, 3ter et 3quater quand l’infraction est commise :

2. Remplacer le paragraphe 3 de l’article 6 de la Convention par ce qui suit :

3. Tout Etat Partie qui a établi sa compétence pour les cas visés au paragraphe 2 en informe le Secrétaire général. Si ledit Etat Partie annule ensuite cette compétence, il en informe le Secrétaire général.


4. Chaque Etat Partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions visées aux articles 3, 3bis, 3ter et 3quater dans les cas où l’auteur présumé de l’infraction se trouve sur son territoire et où il ne l’extrade pas vers l’un quelconque des Etats Parties qui ont établi leur compétence conformément aux paragraphes 1 et 2 du présent article.

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Article 7

Ajouter la liste ci-après en tant qu’Annexe à la Convention :

Annexe

1. Convention pour la répression de la capture illicite d’aéronefs, conclue à La Haye le 16 décembre 1970.

2. Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, conclue à Montréal le 23 septembre 1971.

3. Convention sur la prévention et la répression des infractions contre les personnes jouissant d’une protection internationale, y compris les agents diplomatiques, adoptée par l’Assemblée générale des Nations Unies le 14 décembre 1973.

4. Convention internationale contre la prise d’otages, adoptée par l’Assemblée générale des Nations Unies le 17 décembre 1979.

5. Convention sur la protection physique des matières nucléaires, adoptée à Vienne le 26 octobre 1979.

6. Protocole pour la répression des actes illicites de violence dans les aéroports servant à l’aviation civile internationale, complémentaire à la Convention pour la répression d’actes illicites dirigés contre la sécurité de l’aviation civile, conclu à Montréal le 24 février 1988.

7. Protocole pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental, fait à Rome le 10 mars 1988.

8. Convention internationale pour la répression des attentats terroristes à l’explosif, adoptée par l’Assemblée générale des Nations Unies le 15 décembre 1997.

9. Convention internationale pour la répression du financement du terrorisme, adoptée par l’Assemblée générale des Nations Unies le 9 décembre 1999.

Article 8


1. Le capitaine d’un navire d’un Etat Partie (l’ « Etat du pavillon ») peut remettre aux autorités de tout autre Etat Partie (l’ « Etat destinataire ») toute personne dont elle a des raisons sérieuses de penser qu’elle a commis une infraction visée à l’article 3, 3bis, 3ter ou 3quater.


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Article 8bis

1. Les Etats Parties coopèrent dans toute la mesure du possible en vue de prévenir et de réprimer les actes illicites visés par la présente Convention, conformément au droit international et répondent aux demandes adressées en vertu du présent article dans les meilleurs délais.

2. Toute demande adressée en vertu du présent article devrait, si possible, indiquer le nom du navire suspect, le numéro OMI d’identification du navire, le port d’immatriculation, les ports d’origine et de destination et toute autre information pertinente. Si une demande est adressée oralement, la Partie requérante confirme la demande par écrit dès que possible. La Partie requise accuse réception immédiatement de toute demande adressée par écrit ou oralement.

3. Les Etats Parties tiennent compte des risques et des difficultés que présentent l’arraisonnement d’un navire en mer et la fouille de sa cargaison, et examinent si d’autres mesures appropriées, arrêtées d’un commun accord entre les Etats intéressés, ne pourraient pas être prises dans de meilleures conditions de sécurité au port d’escale suivant ou ailleurs.

4. Un Etat Partie qui a des raisons sérieuses de soupçonner qu’une infraction visée à l’article 3, 3bis, 3ter ou 3quater a été, est en train ou est sur le point d’être commise et implique un navire battant son pavillon, peut solliciter l’assistance d’autres Etats Parties pour prévenir ou réprimer cette infraction. Les Etats Parties ainsi requis mettent tout en œuvre pour fournir une telle assistance en fonction des moyens dont ils disposent.

5. Chaque fois que des agents de la force publique ou d’autres agents habilités d’un Etat Partie (« la Partie requérante ») ont affaire à un navire qui bat le pavillon ou qui montre les marques d’immatriculation d’un autre Etat ("la première Partie"), et qui se trouve au large de la mer territoriale d’un Etat, quel qu’il soit, alors que la Partie requérante a des raisons sérieuses de soupçonner que le navire ou une personne à bord du navire a été, est ou est sur le point d’être impliqué dans la commission d’une infraction visée à l’article 3, 3bis, 3ter ou 3quater, et que la Partie requérante souhaite arraisonner le navire,

(a) elle demande, conformément aux paragraphes 1 et 2, que la première Partie confirme la déclaration de nationalité, et

(b) si la nationalité est confirmée, la Partie requérante demande à la première Partie (ci-après dénommée "l’Etat du pavillon") l’autorisation d’arraisonner le navire et de prendre les mesures appropriées, lesquelles peuvent notamment consister à stopper le navire, monter à bord et fouiller le navire, sa cargaison et les personnes à bord et à

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interroger les personnes à bord afin de déterminer si une infraction visée à l’article 3, 3bis, 3ter ou 3quater a été, est en train ou est sur le point d’être commise, et

(c) l’Etat du pavillon :

(i) autorise la Partie requérante à arraisonner le navire et à prendre les mesures appropriées visées à l’alinéa 5 b), sous réserve de toute condition qu’il pourrait imposer conformément au paragraphe 7; ou

(ii) procède à l’arraisonnement et à la fouille avec ses propres agents de la force publique ou autres agents; ou

(iii) procède à l’arraisonnement et à la fouille en liaison avec la Partie requérante, sous réserve de toute condition qu’il pourrait imposer conformément au paragraphe 7; ou

(iv) refuse d’autoriser un arraisonnement et une fouille.

La Partie requérante ne doit pas arraisonner le navire, ni prendre les mesures décrites à l’alinéa 5 b) sans l’autorisation expresse de l’Etat du pavillon.

(d) En déposant ou après avoir déposé son instrument de ratification, d’acceptation, d’approbation ou d’adhésion, un Etat Partie peut notifier au Secrétaire général qu’à l’égard des navires battant son pavillon ou montrant ses marques d’immatriculation, la Partie requérante a reçu l’autorisation d’arraisonner et de fouiller le navire, sa cargaison et les personnes à bord, et d’interroger les personnes à bord, afin de trouver et d’examiner le document de nationalité et de déterminer si une infraction visée à l’article 3, 3bis, 3ter ou 3quater a été, est en train ou est sur le point d’être commise, si la première Partie n’a pas adressé de réponse dans un délai de quatre heures après l’accusé de réception d’une demande de confirmation de la nationalité.

(e) En déposant ou après avoir déposé son instrument de ratification, d’acceptation, d’approbation ou d’adhésion, un Etat Partie peut notifier au Secrétaire général qu’à l’égard des navires battant son pavillon ou montrant ses marques d’immatriculation, la Partie requérante est autorisée à arraisonner et fouiller un navire, sa cargaison et les personnes à bord, et à interroger les personnes à bord afin de déterminer si une infraction visée à l’article 3, 3bis, 3ter ou 3quater a été, est en train ou est sur le point d’être commise. Les notifications adressées en vertu du présent paragraphe peuvent être retirées à tout moment.

6. Lorsque l’arraisonnement effectué en vertu du présent article permet d’obtenir des preuves des agissements décrits à l’article 3, 3bis, 3ter ou 3quater, l’Etat du pavillon peut autoriser la Partie requérante à retenir le navire, sa cargaison et détenir les personnes à bord en attendant de recevoir les instructions de l’Etat du pavillon quant aux mesures à prendre. La Partie requérante informe sans tarder l’Etat du pavillon des


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résultats de l’arraisonnement, de la fouille et de la retenue ou détention effectués en vertu du présent article. La Partie requérante informe aussi sans tarder l’Etat du pavillon si elle découvre des preuves d’autres agissements illicites qui ne sont pas visés par la présente Convention.

7. L’Etat du pavillon peut, dans la mesure compatible avec les autres dispositions de la présente Convention, subordonner l’autorisation qu’il a accordée en vertu du paragraphe 5 ou 6 à des conditions, notamment celles d’obtenir des renseignements supplémentaires de la Partie requérante et celles concernant la responsabilité des mesures à prendre et la portée de celles-ci. Aucune mesure supplémentaire ne peut être prise sans l’autorisation expresse de l’Etat du pavillon, à l’exception de celles qui sont nécessaires pour écarter un danger imminent pour la vie des personnes ou de celles qui découlent d’accords bilatéraux ou multilatéraux pertinents.

8. Pour tous les arraisonnements effectués en vertu du présent article, l’Etat du pavillon a le droit d’exercer sa juridiction sur un navire, une cargaison ou autres biens retenus et sur les personnes détenues à bord, y compris ordonner la mainlevée, la confiscation, la saisie et l’engagement de poursuites. Toutefois, l’Etat du pavillon peut, sous réserve des dispositions de sa constitution et de sa législation, consentir à ce qu’un autre Etat ayant compétence en vertu de l’article 6 exerce sa juridiction.

9. Lors de l’exécution des mesures autorisées en vertu du présent article, l’usage de la force doit être évité sauf lorsque cela est nécessaire pour assurer la sécurité des agents et des personnes à bord, ou lorsque ces agents sont empêchés d’exécuter les mesures autorisées. Tout usage de la force fait en vertu du présent article ne doit pas aller au-delà du degré minimum de force qui est nécessaire et raisonnable compte tenu des circonstances.

10. Garanties :

(a) Lorsqu’il prend des mesures à l’encontre d’un navire conformément au présent article, un Etat Partie :

(i) tient dûment compte de la nécessité de ne pas compromettre la sauvegarde de la vie humaine en mer;

(ii) veille à ce que toutes les personnes à bord soient traitées d’une manière qui préserve la dignité fondamentale de la personne humaine et soit conforme aux dispositions applicables du droit international, y compris celles qui ont trait aux droits de l’homme;

(iii) veille à ce qu’un arraisonnement et une fouille effectués en vertu du présent article se déroulent conformément au droit international applicable;

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(iv) tient dûment compte de la sécurité et de la sûreté du navire et de sa cargaison;

(v) tient dûment compte de la nécessité de ne pas porter préjudice aux intérêts commerciaux ou juridiques de l’Etat du pavillon;

(vi) veille, dans la limite des moyens disponibles, à ce que toute mesure prise à l’égard du navire ou de sa cargaison soit écologiquement rationnelle compte tenu des circonstances;

(vii) veille à ce que les personnes à bord contre lesquelles des poursuites pourraient être entamées au titre de l’une quelconque des infractions visées à l’article 3, 3bis, 3ter ou 3quater, bénéficient des mesures de protection prévues au paragraphe 2 de l’article 10, quel que soit le lieu où elles se trouvent;

(viii) veille à ce que le capitaine d’un navire soit informé de son intention de procéder à l’arraisonnement et ait, ou ait eu, la possibilité de contacter dans les plus brefs délais le propriétaire du navire et l’Etat du pavillon; et

(ix) s’efforce par tous les moyens raisonnables d’éviter qu’un navire soit indûment retenu ou retardé.

(b) À condition que le fait d’autoriser l’arraisonnement n’engage pas à priori la responsabilité de l’Etat du pavillon, les Etats Parties sont responsables des dommages ou pertes qui leur sont imputables à la suite des mesures prises en vertu du présent article, lorsque :

(i) les motifs de ces mesures se révèlent dénués de fondement, à condition que le navire n’ait commis aucun acte justifiant les mesures prises; ou

(ii) ces mesures sont illicites ou vont au-delà de ce qui est raisonnablement nécessaire selon les informations disponibles pour appliquer les dispositions du présent article.

Les Etats Parties prévoient des moyens de recours effectifs au titre de tels dommages ou pertes.

(c) Lorsque un Etat Partie prend des mesures à l’encontre d’un navire, conformément à la présente Convention, il tient dûment compte de la nécessité de ne pas porter atteinte :

(i) aux droits et obligations des Etats côtiers et à l’exercice de leur juridiction conformément au droit international de la mer; ou


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(ii) au pouvoir de l’Etat du pavillon d’exercer sa juridiction et son contrôle pour les questions d’ordre administratif, technique et social concernant le navire.

(d) Toute mesure prise en vertu du présent article est exécutée par des agents de la force publique ou d’autres agents habilités à partir de navires de guerre ou d’aéronefs militaires, ou à partir d’autres navires ou aéronefs qui portent des marques extérieures indiquant clairement qu’ils sont affectés à un service public et, nonobstant les articles 2 et 2bis, les dispositions du présent article s’appliquent.

(e) Aux fins du présent article, « agents de la force publique ou autres agents habilités » s’entend des membres des forces de l’ordre ou d’autres autorités publiques portant un uniforme ou d’autres marques extérieures les identifiant clairement, dûment habilités par leur gouvernement. Aux fins particulières du maintien de l’ordre en vertu de la présente Convention, les agents de la force publique ou autres agents habilités doivent présenter des documents d’identité officiels appropriés qui puissent être examinés par le capitaine du navire lorsqu’ils montent à bord.

11. Le présent article ne vise ni ne restreint l’arraisonnement de navires, exécuté partout Etat Partie conformément au droit international, au large de la mer territoriale d’un Etat quelconque, y compris les arraisonnements fondés sur le droit de visite, l’apport d’une assistance aux personnes, navires et biens en détresse ou en péril, ou l’autorisation donnée par l’Etat du pavillon de prendre des mesures de maintien de l’ordre ou autres mesures.

12. Les Etats Parties sont encouragés à mettre au point des procédures uniformes pour les opérations conjointes menées en vertu du présent article et consulter, le cas échéant, les autres Etats Parties afin d’harmoniser ces procédures pour la conduite des opérations.

13. Les Etats Parties peuvent conclure des accords ou des arrangements mutuels en vue de faciliter les opérations de maintien de l’ordre menées conformément au présent article.

14. Chaque Etat Partie prend des mesures appropriées pour veiller à ce que ses agents de la force publique ou autres agents habilités, et les agents de la force publique ou autres agents habilités d’autres Etats Parties agissant en son nom, soient mandatés pour agir en vertu du présent article.

15. En déposant ou après avoir déposé son instrument de ratification, d’acceptation, d’approbation ou d’adhésion, chaque Etat Partie désigne une ou, s’il y a lieu, plusieurs autorités auxquelles doivent être adressées les demandes d’assistance, de confirmation de nationalité et d’autorisation de prendre les mesures appropriées. Dans un délai d’un mois après être devenu partie, un Etat notifie cette désignation et les coordonnées des autorités compétentes au Secrétaire général, qui en informe tous les autres Etats

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Parties, dans le mois qui suit cette désignation. Chaque Etat Partie a la responsabilité de communiquer promptement, par l’intermédiaire du Secrétaire général, tout changement des autorités désignées ou de leurs coordonnées.

Article 9

Remplacer le paragraphe 2 de l’article 10 par le texte suivant :

2. Toute personne placée en détention ou contre laquelle toute autre mesure est prise ou procédure engagée en vertu de la présente Convention se voit garantir un traitement équitable et, en particulier, jouit de tous les droits et bénéficie de toutes les garanties prévus par la législation de l’Etat sur le territoire duquel elle se trouve et les dispositions applicables du droit international, y compris celles qui ont trait aux droits de l’homme.

Article 10

1. Remplacer les paragraphes 1, 2, 3 et 4 de l’article 11 par ce qui suit :

1. Les infractions visées aux articles 3, 3bis, 3ter et 3quater sont de plein droit considérées comme cas d’extradition dans tout traité d’extradition existant entre Etats Parties. Les Etats Parties s’engagent à considérer ces infractions comme cas d’extradition dans tout traité d’extradition qu’ils pourront conclure entre eux par la suite.

2. Un Etat Partie qui subordonne l’extradition à l’existence d’un traité a la faculté, lorsqu’il reçoit une demande d’extradition d’un autre Etat Partie avec lequel il n’est pas lié par un traité d’extradition, de considérer la présente Convention comme constituant la base juridique de l’extradition en ce qui concerne les infractions visées aux articles 3, 3bis, 3ter et 3quater. L’extradition est assujettie aux autres conditions prévues par la législation de l’Etat Partie requis.

3. Les Etats Parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent les infractions visées aux articles 3, 3bis, 3ter et 3quater comme cas d’extradition entre eux, sans préjudice des conditions prévues par la législation de l’Etat Partie requis.

4. Si nécessaire, les infractions visées aux articles 3, 3bis, 3ter et 3quater sont réputées, aux fins d’extradition entre Etats Parties, avoir été commises tant au lieu de leur perpétration qu’en un lieu relevant de la juridiction de l’Etat Partie qui demande l’extradition.


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2. Ajouter le texte suivant en tant qu’article 11bis de la Convention :

Article 11bis

Pour les besoins de l’extradition ou de l’entraide judiciaire entre Etats Parties, aucune des infractions visées à l’article 3, 3bis, 3ter ou 3quater n’est considérée comme une infraction politique, comme une infraction connexe à une infraction politique ou comme une infraction inspirée par des mobiles politiques. En conséquence, une demande d’extradition ou d’entraide judiciaire fondée sur une telle infraction ne peut être rejetée pour la seule raison qu’elle concerne une infraction politique, une infraction connexe à une infraction politique ou une infraction inspirée par des mobiles politiques.

3. Ajouter le texte suivant en tant qu’article 11ter de la Convention :

Article 11ter

Aucune disposition de la présente Convention n’est interprétée comme impliquant une obligation d’extradition ou d’entraide judiciaire, si l’Etat Partie requis a des raisons sérieuses de penser que la demande d’extradition pour les infractions visées à l’article 3, 3bis,3ter ou 3quater ou la demande d’entraide concernant de telles infractions a été présentée aux fins de poursuivre ou de punir une personne pour des raisons tenant à sa race, sa religion, sa nationalité, son origine ethnique, ses opinions politiques ou son sexe, ou que faire droit à la demande porterait préjudice à la situation de cette personne pour l’une quelconque de ces raisons.

Article 11

4. Remplacer le paragraphe 1 de l’article 12 par ce qui suit :

1. Les Etats Parties s’accordent l’entraide judiciaire la plus large possible pour toute procédure pénale relative aux infractions visées aux articles 3, 3bis, 3ter et 3quater, y compris pour l’obtention des éléments de preuve dont ils disposent et qui sont nécessaires aux fins de la procédure.

5. Ajouter le texte suivant en tant qu’article 12bis de la Convention :

Article 12bis

1. Toute personne détenue ou purgeant une peine sur le territoire d’un Etat Partie et dont la présence est requise dans un autre Etat Partie aux fins d’identification ou de témoignage ou pour qu’elle apporte son concours à l’établissement des faits dans le cadre d’une enquête ou de poursuites relatives aux infractions visées à l’article 3, 3bis, 3ter ou 3quater peut faire l’objet d’un transfert si les conditions ci après sont réunies :

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(a) ladite personne y consent librement et en toute connaissance de cause; et

(b) les autorités compétentes des deux Etats concernés y consentent, sous réserve des conditions qu’elles peuvent juger appropriées.


(a) l’Etat vers lequel le transfert est effectué a le pouvoir et l’obligation de garder l’intéressé en détention, sauf demande ou autorisation contraire de la part de l’Etat à partir duquel la personne a été transférée;

(b) l’Etat vers lequel le transfert est effectué s’acquitte sans retard de l’obligation de remettre l’intéressé à la garde de l’Etat à partir duquel le transfert a été effectué, conformément à ce qui aura été convenu au préalable ou à ce que les autorités compétentes des deux Etats auront autrement décidé;

(c) l’Etat vers lequel le transfert est effectué ne peut pas exiger de l’Etat à partir duquel le transfert est effectué qu’il engage une procédure d’extradition pour que l’intéressé lui soit remis;

(d) il est tenu compte de la période que l’intéressé a passée en détention dans l’Etat vers lequel il a été transféré aux fins du décompte de la peine à purger dans l’Etat à partir duquel il a été transféré.

3. A moins que l’Etat Partie à partir duquel une personne doit être transférée en vertu du présent article ne donne son accord, ladite personne, quelle que soit sa nationalité, ne peut pas être poursuivie ou détenue ou soumise à d’autres restrictions à sa liberté de mouvement sur le territoire de l’Etat vers lequel elle est transférée, à raison d’actes ou de condamnations antérieurs à son départ du territoire de l’Etat à partir duquel elle a été transférée.

Article 12

Remplacer l’article 13 de la Convention par ce qui suit :

1. Les Etats Parties coopèrent pour prévenir les infractions visées aux articles 3, 3bis, 3ter et 3quater, notamment :

(a) en prenant toutes les mesures possibles afin d’empêcher la préparation sur leurs territoires respectifs d’infractions devant être commises à l’intérieur ou à l’extérieur de ceux-ci;

(b) en échangeant des renseignements conformément à leur législation nationale et en coordonnant les mesures administratives et autres prises, le cas


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échéant, afin de prévenir la commission des infractions visées aux articles 3, 3bis, 3ter et 3quater.

2. Lorsque la traversée d’un navire a été retardée ou interrompue, du fait de la commission d’une infraction visée à l’article 3, 3bis, 3ter ou 3quater, tout Etat Partie sur le territoire duquel se trouvent le navire, les passagers ou l’équipage, doit faire tout son possible pour éviter que le navire, ses passagers, son équipage ou sa cargaison ne soient indûment retenus ou retardés.

Article 13

Remplacer l’article 14 de la Convention par ce qui suit :

Tout Etat Partie qui a lieu de penser qu’une infraction visée à l’article 3, 3bis, 3ter ou 3quater sera commise fournit dans les plus brefs délais, conformément à sa législation nationale, tous renseignements utiles en sa possession aux Etats qui, à son avis, seraient les Etats ayant établi leur compétence conformément à l’article 6.

Article 14

Remplacer le paragraphe 3 de l’article 15 de la Convention par le texte suivant :

3. Les renseignements communiqués conformément aux paragraphes 1 et 2 sont transmis par le Secrétaire général à tous les Etats Parties, aux membres de l’Organisation, aux autres Etats concernés et aux organisations intergouvernementales internationales compétentes.

Article 15

Interprétation et application

1. La Convention et le présent Protocole sont considérés et interprétés, entre les Parties au présent Protocole, comme un seul et même instrument.

2. Les articles 1 à 16 de la Convention, telle que révisée par le présent Protocole, ainsi que les articles 17 à 24 du présent Protocole et son annexe, constituent et sont appelés la Convention de 2005 pour la répression des actes illicites contre la sécurité de la navigation maritime (Convention SUA de 2005).

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Clauses finales

Article 16

Ajouter le texte ci-après en tant qu’article 16bis de la Convention :

Clauses finales de la Convention de 2005 pour la répression d’actes illicites contre la sécurité de la navigation maritime

Les clauses finales de la Convention de 2005 pour la répression d’actes illicites contre la sécurité de la navigation maritime sont les articles 17 à 24 du Protocole de 2005 relatif à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime. Dans la présente Convention, les références aux Etats Parties sont considérées comme des références aux Etats Parties à ce protocole.

Article 17

Signature, ratification, acceptation, approbation et adhésion

1. Le présent Protocole est ouvert à la signature, au Siège de l’Organisation, du 14 février 2006 au 13 février 2007 au Siège de l’Organisation maritime internationale. Il reste ensuite ouvert à l’adhésion.


(a) signature sans réserve quant à la ratification, l’acceptation ou l’approbation; ou

(b) signature sous réserve de ratification, d’acceptation ou d’approbation, suivie de ratification, d’acceptation ou d’approbation; ou

(c) adhésion.


4. Seul un Etat qui a signé la Convention sans réserve quant à la ratification, l’acceptation ou l’approbation, ou a ratifié, accepté, approuvé la Convention ou y a adhéré peut devenir Partie au présent Protocole.


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Article 18

Entrée en vigueur

1. Le présent Protocole entre en vigueur quatre-vingt-dix jours après la date à laquelle douze Etats l’ont signé sans réserve quant à la ratification, l’acceptation ou l’approbation, ou ont déposé auprès du Secrétaire général un instrument de ratification, d’acceptation, d’approbation ou d’adhésion.

2. Pour un Etat qui dépose un instrument de ratification, d’acceptation ou d’approbation du présent Protocole ou d’adhésion à celui-ci après que les conditions régissant son entrée en vigueur énoncées au paragraphe 1 ont été remplies, la ratification, l’acceptation, l’approbation ou l’adhésion prend effet quatre-vingt-dix jours après la date du dépôt.

Article 19

Dénonciation

1. Le présent Protocole peut être dénoncé par l’un quelconque des Etats Parties à tout moment après la date à laquelle le présent Protocole entre en vigueur à l’égard de cet Etat.


3. La dénonciation prend effet un an après le dépôt de l’instrument de dénonciation auprès du Secrétaire général ou à l’expiration de tout délai plus long énoncé dans cet instrument.

Article 20

Révision et modification

1. Une conférence peut être convoquée par l’Organisation en vue de réviser ou de modifier le présent Protocole.

2. Le Secrétaire général convoque une conférence des Etats Parties au présent Protocole pour réviser ou modifier le Protocole à la demande d’un tiers des Etats Parties ou de dix Etats Parties, si ce dernier chiffre est plus élevé.

3. Tout instrument de ratification, d’acceptation, d’approbation ou d’adhésion déposé après la date d’entrée en vigueur d’un amendement au présent Protocole est réputé s’appliquer au Protocole tel que modifié.

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Article 21

Déclarations

1. En déposant son instrument de ratification, d’acceptation, d’approbation ou d’adhésion, un Etat Partie qui n’est pas partie à un traité énuméré dans l’Annexe peut déclarer que, lorsque le présent Protocole lui est appliqué, ledit traité est réputé ne pas être visé à l’article 3ter. Cette déclaration devient caduque dès l’entrée en vigueur du traité à l’égard de l’Etat Partie, qui en informe le Secrétaire général.

2. Lorsqu’un Etat Partie cesse d’être partie à un traité énuméré dans l’Annexe, il peut faire au sujet dudit traité la déclaration prévue dans le présent article.

3. En déposant son instrument de ratification, d’acceptation, d’approbation ou d’adhésion, un Etat Partie peut déclarer qu’il appliquera les dispositions de l’article 3ter conformément aux principes de son droit pénal exonérant la famille de toute responsabilité.

Article 22

Amendements à l’Annexe

1. L’Annexe peut être modifiée par l’ajout de traités pertinents qui :

(a) sont ouverts à la participation de tous les Etats;

(b) sont entrés en vigueur; et

(c) ont fait l’objet d’une ratification, acceptation, approbation ou adhésion par au moins douze Etats Parties au présent Protocole.

2. Tout Etat Partie au présent Protocole peut, après son entrée en vigueur, proposer un tel amendement à l’Annexe. Toute proposition d’amendement est communiquée par écrit au Secrétaire général. Ce dernier diffuse toute proposition d’amendement remplissant les conditions énoncées au paragraphe 1 à tous les Membres de l’Organisation et demande aux Etats Parties au présent Protocole s’ils consentent à l’adoption de l’amendement proposé.

3. L’amendement proposé à l’Annexe est réputé adopté après que plus de douze des Etats Parties au présent Protocole ont exprimé leur consentement en adressant une notification par écrit au Secrétaire général.

4. Une fois adopté, l’amendement à l’Annexe entre en vigueur, à l’égard des Etats Parties au présent Protocole qui ont déposé un instrument de ratification, d’acceptation ou d’approbation de cet amendement, trente jours après le dépôt auprès du Secrétaire général du douzième instrument de ratification, d’acceptation ou d’approbation. Pour chaque Etat Partie au présent Protocole qui ratifie, accepte ou approuve l’amendement après le dépôt


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auprès du Secrétaire général du douzième instrument, l’amendement entre en vigueur le trentième jour suivant le dépôt par cet Etat Partie de son instrument de ratification, d’acceptation ou d’approbation.

Article 23

Dépositaire

1. Le présent Protocole, ainsi que tout amendement adopté conformément aux articles 20 et 22, est déposé auprès du Secrétaire général.


(a) informe tous les Etats qui ont signé le présent Protocole ou y ont adhéré :

(i) de toute nouvelle signature ou de tout dépôt d’un nouvel instrument de ratification, d’acceptation, d’approbation ou d’adhésion, ainsi que de leur date;

(ii) de la date d’entrée en vigueur du présent Protocole;

(iii) du dépôt de tout instrument de dénonciation du présent Protocole ainsi que de la date à laquelle il a été reçu et de la date à laquelle la dénonciation prend effet;

(iv) de toute communication faite en application de tout article du présent Protocole;

(v) toute proposition d’amendement de l’Annexe qui est faite conformément au paragraphe 2 de l’article 22;

(vi) de tout amendement qui est réputé avoir été adopté conformément au paragraphe 3 de l’article 22;

(vii) de tout amendement qui a été ratifié, accepté ou approuvé conformément au paragraphe 4 de l’article 22, et de la date à laquelle il entre en vigueur; et

(b) transmet des copies certifiées conformes du présent Protocole à tous les Etats qui l’ont signé ou qui y ont adhéré;

3. Dès l’entrée en vigueur du présent Protocole, le Secrétaire général en transmet une copie certifiée conforme au Secrétaire généra1 de l’Organisation des Nations Unies en vue de son enregistrement et de sa publication conformément à l’Article 102 de la Charte des Nations Unies.

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Article 24

Langues


Fait à londres, ce quatorze octobre deux mille cinq.

En foi de quoi, les soussignés, dûment autorisés à cet effet par leur gouvernement respectif, ont signé le présent Protocole.


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16. Protocole de 2005 relatif au Protocole pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental

Signé à Londres, le 14 octobre 2005 Entrée en vigueur : conformément à l’article 9 du Protocole OMI, LEG/CONF.15/22 (1 novembre 2005) Dépositaire : Secrétaire général de l’Organisation maritime internationale

Les Etats Parties au présent Protocole,

Etant Parties au Protocole pour la répression d'actes illicites contre la sécurité des plates- formes fixes situées sur le plateau continental, conclu à Rome le 10 mars 1988,

Reconnaissant que les raisons pour lesquelles le Protocole de 2005 à la Convention pour la répression d'actes illicites contre la sécurité de la navigation maritime a été élaboré s'appliquent également aux plates-formes fixes situées sur le plateau continental,

Tenant compte des dispositions desdits Protocoles,


Article premier

Aux fins du présent Protocole :

1. « Protocole de 1988 » s'entend du Protocole pour la répression d'actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental, conclu à Rome le 10 mars 1988.

2. « Organisation » s'entend de l'Organisation maritime internationale.

3. « Secrétaire général » s'entend du Secrétaire général de l'Organisation.

Article 2

Remplacer le paragraphe 1 de l'article premier du Protocole de 1988 par le texte suivant :

1. Les dispositions des paragraphes 1 (c), (d), (e), (f), (g), (h) et 2 (a) de l'article premier, celles des articles 2bis, 5, 5bis et 7 et celles des articles 10 à 16, y compris les articles l1bis, 11ter et 12bis, de la Convention pour la répression d'actes illicites contre la sécurité de la navigation maritime, telle que modifiée par le Protocole de 2005 relatif à la Convention pour la répression d'actes illicites contre la sécurité de la navigation maritime, s'appliquent également mutatis mutandis aux infractions visées aux

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articles 2, 2bis et 2ter du présent Protocole lorsque ces infractions sont commises à bord ou à l'encontre de plates-formes fixes situées sur le plateau continental.

Article 3

1. Remplacer le paragraphe 1 (d) de l'article 2 du Protocole de 1988 par le texte suivant:

(d) place ou fait placer sur une plate-forme fixe, par quelque moyen que ce soit, un dispositif ou une substance propre à détruire la plate-forme fixe ou de nature à compromettre sa sécurité.

2. Supprimer le paragraphe 1 (e) de l'article 2 du Protocole de 1988.

3. Remplacer le paragraphe 2 de l'article 2 du Protocole de 1988 par le texte suivant :

2. Commet également une infraction toute personne qui menace de commettre l'une quelconque des infractions visées aux paragraphes 1 (b) et (c), si cette menace est de nature à compromettre la sécurité de la plate-forme fixe, ladite menace étant assortie ou non, en vertu du droit interne, d'une condition, afin de contraindre une personne physique ou morale à accomplir ou à s'abstenir d'accomplir un acte quelconque.

Article 4

1. Insérer le texte ci-après en tant qu'article 2bis :

Article 2bis

Commet une infraction au sens du présent Protocole toute personne qui illicitement et délibérément, lorsque cet acte, par sa nature ou son contexte, vise à intimider une population ou à contraindre un gouvernement ou une organisation internationale à accomplir ou à s'abstenir d'accomplir un acte quelconque :

(a) utilise contre ou à bord d'une plate-forme fixe, ou déverse à partir d'une plate-forme fixe, des explosifs, des matières radioactives ou des armes BCN, d'une manière qui provoque ou risque de provoquer la mort ou des dommages corporels ou matériels graves; ou

(b) déverse, à partir d'une plate-forme fixe, des hydrocarbures, du gaz naturel liquéfié, ou d'autres substances nocives ou potentiellement dangereuses, qui ne sont pas visés à l'alinéa a), en quantités ou concentrations qui provoquent ou risquent de provoquer la mort ou des dommages corporels ou matériels graves; ou

(c) menace de commettre l'une quelconque des infractions visées à l'alinéa (a) ou (b), ladite menace étant ou non assortie, en vertu du droit interne, d'une condition.


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2. Insérer le texte ci-après en tant qu'article 2ter :

Article 2ter

Commet également une infraction au sens du présent Protocole toute personne qui :

(a) illicitement et délibérément blesse ou tue toute personne, lorsque ces faits présentent un lien de connexité avec la commission de l'une des infractions visées au paragraphe 1 de l'article 2 ou à l'article 2bis; ou

(b) tente de commettre une infraction visée au paragraphe 1 de l'article 2, à l'alinéa a) ou b) de l'article 2bis ou à l'alinéa a) du présent article; ou

(c) se rend complice d'une infraction visée à l'article 2 ou 2bis ou à l'alinéa a) ou b) du présent article; ou

(d) organise la commission d'une infraction visée à l'article 2 ou 2bis ou à l'alinéa a) ou b) du présent article ou donne l'ordre à d'autres personnes de la commettre; ou

(e) contribue à la commission de l'une ou plusieurs des infractions visées à l'article 2 ou 2bis ou à l'alinéa a) ou b) du présent article, par un groupe de personnes agissant de concert, cette contribution étant délibérée et faite soit :

(i) pour faciliter l'activité criminelle du groupe ou en servir le but, lorsque cette activité ou ce but suppose la commission d'une infraction visée à l'article 2 ou 2bis ; soit

(ii) en sachant que le groupe a l'intention de commettre une infraction visée à l'article 2 ou 2bis.

Article 5


1. Chaque Etat Partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions visées aux articles 2, 2bis et 2ter quand l'infraction est commise :

(a) à l'encontre ou à bord d'une plate-forme fixe alors qu'elle se trouve sur le plateau continental de cet Etat; ou

(b) par un ressortissant de cet Etat.

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3. Tout Etat Partie qui a établi sa compétence pour les cas visés au paragraphe 2 en informe le Secrétaire général. Si ledit Etat Partie annule ensuite cette compétence, il en informe le Secrétaire général.


Chaque Etat Partie prend les mesures nécessaires pour établir sa compétence aux fins de connaître des infractions visées aux articles 2, 2bis et 2ter dans les cas où l'auteur présumé de l'infraction se trouve sur son territoire et où il ne l'extrade pas vers l'un quelconque des Etats Parties qui ont établi leur compétence conformément aux paragraphes 1 et 2.

Article 6

Interprétation et application

1. Le Protocole de 1988 et le présent Protocole sont considérés et interprétés, entre les Parties au présent Protocole, comme un seul et même instrument.

2. Les articles 1 à 4 du Protocole de 1988, tel que révisé par le présent Protocole, ainsi que les articles 8 à 13 du présent Protocole constituent et sont appelés le Protocole de 2005 pour la répression d'actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental (Protocole SUA de 2005 sur les plates-formes fixes).

Article 7

Ajouter le texte ci-après en tant qu'article 4bis du Protocole :

Clauses finales du Protocole de 2005 pour la répression d'actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental

Les clauses finales du Protocole de 2005 pour la répression d'actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental sont les articles 8 à 13 du Protocole de 2005 relatif au Protocole pour la répression d'actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental. Dans le présent Protocole, les références aux Etats Parties sont considérées comme des références aux Etats Parties au Protocole de 2005.


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Clauses finales

Article 8

Signature, ratification, acceptation, approbation et adhésion

1. Le présent Protocole est ouvert à la signature du 14 février 2006 au 13 février 2007 au Siège de l'Organisation maritime internationale. Il reste ensuite ouvert à l'adhésion.


(a) signature sans réserve quant à la ratification, l'acceptation ou l'approbation; ou

(b) signature sous réserve de ratification, d'acceptation ou d'approbation, suivie de ratification, d'acceptation ou d'approbation; ou

(c) adhésion.

3. La ratification, l'acceptation, l'approbation ou l'adhésion s'effectuent par le dépôt d'un instrument à cet effet auprès du Secrétaire général.

4. Seul un Etat qui a signé le Protocole de 1988 sans réserve quant à la ratification, l'acceptation ou l'approbation, ou a ratifié, accepté, approuvé le Protocole de 1988 ou y a adhéré peut devenir Partie au présent Protocole.

Article 9

Entrée en vigueur

1. Le présent Protocole entre en vigueur quatre- vingt-dix jours après la date à laquelle trois Etats l'ont signé sans réserve quant à la ratification, l'acceptation ou l'approbation, ou ont déposé auprès du Secrétaire général un instrument de ratification, d'acceptation, d'approbation ou d'adhésion. Toutefois, le présent Protocole n'entre pas en vigueur avant que le Protocole de 2005 relatif à la Convention pour la répression d'actes illicites contre la sécurité de la navigation maritime ne soit entré en vigueur.

2. Pour un Etat qui dépose un instrument de ratification, d'acceptation ou d'approbation du présent Protocole ou d'adhésion à celui-ci après que les conditions régissant son entrée en vigueur énoncées au paragraphe 1 ont été remplies, la ratification, l'acceptation, l'approbation ou l'adhésion prend effet quatre-vingt-dix jours après la date du dépôt.

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Article 10

Dénonciation

1. Le présent Protocole peut être dénoncé par l'un quelconque des Etats Parties à tout moment après la date à laquelle le présent Protocole entre en vigueur à l'égard de cet Etat.

2. La dénonciation s'effectue au moyen du dépôt d'un instrument de dénonciation auprès du Secrétaire général.

3. La dénonciation prend effet un an après le dépôt de l'instrument de dénonciation auprès du Secrétaire général ou à l'expiration de tout délai plus long énoncé dans cet instrument.

Article 11

Révision et modification

1. Une conférence peut être convoquée par l'Organisation en vue de réviser ou de modifier le présent Protocole.

2. Le Secrétaire général convoque une conférence des Etats Parties au présent Protocole pour réviser ou modifier le Protocole à la demande d'un tiers des Etats Parties ou de cinq Etats Parties, si ce dernier chiffre est plus élevé.

3. Tout instrument de ratification, d'acceptation, d'approbation ou d'adhésion déposé après la date d'entrée en vigueur d'un amendement au présent Protocole est réputé s'appliquer au Protocole tel que modifié.

Article 12

Dépositaire

1. Le présent Protocole, ainsi que tout amendement adopté conformément à l'article 11, est déposé auprès du Secrétaire général.


(a) informe tous les Etats qui ont signé le présent Protocole ou y ont adhéré :

(i) de toute nouvelle signature ou de tout dépôt d'un nouvel instrument de ratification, d'acceptation, d'approbation ou d'adhésion, ainsi que de leur date;


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(ii) de la date d'entrée en vigueur du présent Protocole;

(iii) du dépôt de tout instrument de dénonciation du présent Protocole ainsi que de la date à laquelle il a été reçu et de la date à laquelle la dénonciation prend effet;

(iv) de toute communication faite en application de tout article du présent Protocole; et

(b) transmet des copies certifiées conformes du présent Protocole à tous les Etats qui l'ont signé ou qui y ont adhéré.

3. Dès l'entrée en vigueur du présent Protocole, le Secrétaire général en transmet une copie certifiée conforme au Secrétaire général de l'Organisation des Nations Unies en vue de son enregistrement et de sa publication conformément à l'article 102 de la Charte des Nations Unies.

Article 13

Langues


Fait a londres, ce quatorze octobre deux mille cinq.

En foi de quoi, les soussignés, dûment autorisés à cet effet par leur gouvernement respectif, ont signé le présent Protocole.

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III. Autres instruments internationaux

a) Instruments de lutte contre la criminalité transnationale organisée, la corruption et la drogue

1. Convention unique sur les stupéfiants, telle que modifiée par le Protocole de 1972 portant amendement de la Convention

Convention unique sur les stupéfiants : Signée à New York, 30 mars 1961 Entrée en vigueur : le 13 décembre 1964, conformément à l’article 41 Dépositaire : Secrétaire général des Nations Unies

Protocole de 1972 portant amendement de la Convention unique sur les stupéfiants : Signé à Genève, le 25 mars 1972 Entrée en vigueur : le 8 août 1975, conformément à l’article 18 Dépositaire : Secrétaire général des Nations Unies

Les Parties,

Soucieuses de la santé physique et morale de l’humanité,

Reconnaissant que l’usage médical des stupéfiants demeure indispensable pour soulager la douleur et que les mesures voulues doivent être prises pour assurer que des stupéfiants soient disponibles à cette fin,

Reconnaissant que la toxicomanie est un fléau pour l’individu et constitue un danger économique et social pour l’humanité,

Conscientes du devoir qui leur incombe de prévenir et de combattre ce fléau,

Considérant que pour être efficaces les mesures prises contre l’abus des stupéfiants doivent être coordonnées et universelles,

Estimant qu’une action universelle de cet ordre exige une coopération internationale guidée par les mêmes principes et visant des buts communs,

Reconnaissant la compétence de l’Organisation des Nations Unies en matière de contrôle des stupéfiants et désireuses que les organes internationaux intéressés soient groupés dans le cadre de cette organisation,

Désireuses de conclure une convention internationale acceptable pour tous, remplaçant la plupart des traités existants relatifs aux stupéfiants, limitant l’usage des stupéfiants aux


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fins médicales et scientifiques et établissant une coopération internationale constante pour mettre en œuvre ces principes et atteindre ces buts,

Conviennent de ce qui suit9 :

Article premier

Définition

1. Sauf indication expresse en sens contraire ou sauf si le contexte exige qu’il en soit autrement, les définitions ci-après s’appliquent à toutes les dispositions de la présente Convention :

(a) Le terme "Organe" désigne l’Organe international de contrôle des stupéfiants.

(b) Le terme "cannabis" désigne les sommités florifères ou fructifères de la plante de cannabis (à l’exclusion des graines et des feuilles qui ne sont pas accompagnées des sommités) dont la résine n’a pas été extraite, quelle que soit leur application.

(c) L’expression "plante de cannabis" désigne toute plante du genre cannabis.

(d) L’expression "résine de cannabis" désigne la résine séparée, brute ou purifiée, obtenue à partir de la plante de cannabis,

(e) Le terme "cocaïer" désigne toute espèce d’arbustes du genre erythroxylon.

(f) L’expression "feuille de coca" désigne la feuille du cocaïer à l’exception de la feuille dont toute l’ecgonine, la cocaïne et tout autre alcaloïde ecgoninique ont été enlevés.

(g) Le terme "Commission" désigne la Commission des stupéfiants du Conseil.

(h) Le terme "Conseil" désigne le Conseil économique et social des Nations Unies.

(i) Le terme "culture" désigne la culture du pavot a opium, du cocaïer et de la plante de cannabis.

(j) Le terme "stupéfiant" désigne toute substance des Tableaux I et II, qu’elle soit naturelle ou synthétique.

__________________ 9 Note du secrétariat - Le préambule du Protocole portant amendement de la Convention unique sur

les stupéfiants de 1961 se lit comme suit : "Les Parties au présent Protocole, "Considérant les dispositions de la Convention unique sur les stupéfiants de 1961, faite à New York

le 30 mars 1961 (ci-après dénommée la Convention unique), "Souhaitant modifier la Convention unique, "Sont convenues de ce qui suit :"

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(k) L’expression "Assemblée générale" désigne l’Assemblée générale des Nations Unies.

(l) L’expression "trafic illicite" désigne la culture ou tout trafic de stupéfiants contraires aux buts de la présente Convention.

(m) Les termes "importation" et "exportation" désignent, chacun avec son sens particulier, le transport matériel de stupéfiants d’un Etat dans un autre Etat ou d’un territoire dans un autre territoire du même Etat.

(n) Le terme "fabrication" désigne toutes les opérations, autres que la production, permettant d’obtenir des stupéfiants et comprend la purification de même que la transformation de stupéfiants en d’autres stupéfiants.

(o) L’expression "opium médicinal" désigne l’opium qui a subi les préparations nécessaires pour son utilisation thérapeutique.

(p) Le terme "opium" désigne le latex épaissi du pavot à opium.

(q) L’expression "pavot à opium" désigne la plante de l’espèce Papaver somniferum L.

(r) L’expression "paille de pavot" désigne toutes les parties (à l’exception des graines) du pavot a opium, après fauchage.

(s) Le terme "préparation" désigne un mélange, solide ou liquide, contenant un stupéfiant

(t) Le terme "production" désigne l’opération qui consiste à recueillir l’opium, la feuille de coca, le cannabis et la résine de cannabis des plantes qui les fournissent.

(u) Les expressions "Tableau I", "Tableau II", "Tableau III" et "Tableau IV" s’entendent des listes de stupéfiants ou de préparations annexées à la présente Convention et qui pourront être modifiées de temps à autre conformément à l’article 3.

(v) L’expression "Secrétaire général" désigne le Secrétaire général de l’Organisation des Nations Unies.

(w) L’expression "stocks spéciaux" désigne les quantités de stupéfiants détenues dans un pays ou territoire par le gouvernement de ce pays ou territoire pour ses besoins spéciaux et en prévision de circonstances exceptionnelles ; l’expression "besoins spéciaux" doit s’entendre en conséquence.


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(x) Le terme "stocks" désigne les quantités de stupéfiants détenues dans un pays ou territoire et destinées :

(i) A une consommation médicale et scientifique dans ce pays ou territoire ;

(ii) A la fabrication et à la préparation de stupéfiants et d’autres substances dans ce pays ou territoire ;

(iii) A l’exportation ;

(iv) mais n’inclut pas les quantités de stupéfiants détenues dans un pays ou territoire par :

(v) Les pharmaciens ou d’autres distributeurs détaillants autorisés et les établissements ou les personnes qualifiées dans l’exercice dûment autorisé de leurs fonctions thérapeutiques ou scientifiques ; ou

(vi) En tant que stocks spéciaux.

(y) Le terme "territoire" désigne toute partie d’un Etat qui est traité comme une entité distincte pour l’application du système de certificats d’importation et d’autorisations d’exportation prévu à l’article 31. Cette définition ne s’applique pas au terme "territoire" tel qu’il est employé aux articles 42 et 46.

2. Aux fins de cette Convention, un stupéfiant sera considéré comme consommé lorsqu’il aura été fourni à toute personne ou entreprise pour la distribution au détail, pour l’usage médical ou pour la recherche scientifique ; le mot "consommation" s’entendra conformément à cette définition.

Article 2

Substances soumises au contrôle

1. Sauf en ce qui concerne les mesures de contrôle limitées à des stupéfiants donnés, les stupéfiants du Tableau I sont soumis à toutes les mesures de contrôle applicables aux stupéfiants visés par la présente Convention et, en particulier, aux mesures prévues dans les articles ci-après : 4 (paragraphe (c), 19, 20, 21, 29, 30, 31, 32, 33, 34 et 37.

2. Les stupéfiants du Tableau II sont soumis aux mêmes mesures de contrôle que les stupéfiants du Tableau I, à l’exception des mesures prévues aux paragraphes 2 et 5 de l’article 30, en ce qui concerne le commerce de détail.

3. Les préparations autres que celles du Tableau III sont soumises aux mêmes mesures de contrôle que les stupéfiants qu’elles contiennent, mais les évaluations (article 19) et les statistiques (article 20) autres que celles se rapportant à ces stupéfiants ne seront pas

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requises dans le cas de telles préparations et les dispositions de l’article 29 (paragraphe 2, c) et de l’article 30 (paragraphe 1, b, ii) ne seront pas appliquées.

4. Les préparations du Tableau III sont soumises aux mêmes mesures de contrôle que les préparations qui contiennent des stupéfiants du Tableau II. Toutefois, les paragraphes 1, b, et 3 à 15 de l’article 31 et, en ce qui concerne leur acquisition et leur délivrance au détail, l’alinéa b de l’article 34, ne seront pas nécessairement appliqués, et aux fins des évaluations (article 19) et des statistiques (article 20), les renseignements demandés seront limités aux quantités de stupéfiants utilisées dans la fabrication desdites préparations.

5. Les stupéfiants du Tableau IV seront également inclus au Tableau I et soumis à toutes les mesures de contrôle applicables aux stupéfiants de ce dernier Tableau, et en outre :

(a) Les Parties devront adopter toutes les mesures spéciales de contrôle qu’elles jugeront nécessaires en raison des propriétés particulièrement dangereuses des stupéfiants visés ; et

(b) Les Parties devront si, à leur avis, la situation dans leur pays fait que c’est là le moyen le plus approprié de protéger la santé publique, interdire la production, la fabrication, l’exportation et l’importation, le commerce, la détention ou l’utilisation de tels stupéfiants à l’exception des quantités qui pourront être nécessaires exclusivement pour la recherche médicale et scientifique, y compris les essais cliniques avec lesdits stupéfiants, qui devront avoir lieu sous la surveillance et le contrôle directs de ladite Partie ou être subordonnés à cette surveillance et à ce contrôle.

6. En plus des mesures de contrôle applicables à tous les stupéfiants du Tableau I, l’opium est soumis aux dispositions de l’article 19, paragraphe 1, alinéa f et des articles 21 bis, 23 et 24, la feuille de coca aux dispositions des articles 26 et 27 et le cannabis aux dispositions de l’article 28.

7. Le pavot à opium, le cocaïer, la plante de cannabis, la paille de pavot et les feuilles de cannabis sont soumis aux mesures de contrôle prévues respectivement à l’article 19, paragraphe 1, alinéa e, à l’article 20, paragraphe 1, alinéa g, à l’article 21 bis et aux articles 22 à 24 ; 22, 26 et 27 ; 22 et 28 ; 25 et 28.

8. Les Parties feront tout ce qui est en leur pouvoir afin de soumettre à des mesures de surveillance autant que faire se pourra les substances qui ne sont pas visées par la présente Convention, mais qui peuvent être utilisées pour la fabrication illicite de stupéfiants.

9. Les Parties ne sont pas tenues d’appliquer les dispositions de la présente Convention aux stupéfiants qui sont couramment employés dans l’industrie à des fins autres que les fins médicales ou scientifiques, à condition :

(a) Qu’elles prennent des mesures pour empêcher, en recourant à des procédés appropriés de dénaturation ou par tout autre moyen, que les stupéfiants ainsi employés


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puissent donner lieu à des abus ou produire des effets nocifs (article 3, paragraphe 3) et que dans la pratique la substance nocive puisse être récupérée ; et

(b) Qu’elles fassent figurer dans les renseignements statistiques (article 20) qu’elles fournissent la quantité de chaque stupéfiant ainsi employé.

Article 3

Modifications du champ d’application du contrôle

1. Si une Partie ou l’Organisation mondiale de la santé est en possession de renseignements qui, à son avis, rendent nécessaire de modifier l’un ou l’autre des Tableaux, elle adressera au Secrétaire général une notification accompagnée de tous les renseignements pertinents à l’appui de celle-ci.

2. Le Secrétaire général communiquera cette notification et les renseignements qu’il jugera pertinents aux Parties, à la Commission et, si la notification a été adressée par une Partie, à l’Organisation mondiale de la santé.

3. Si une notification se rapporte à une substance qui n’est pas déjà inscrite au Tableau I ou au Tableau II,

(i) Toutes les Parties examineront, compte tenu des renseignements disponibles, la possibilité d’appliquer provisoirement à la substance toutes les mesures de contrôle applicables aux. stupéfiants du Tableau I ;

(ii) En attendant sa décision, prise en vertu du sous-paragraphe iii du présent paragraphe, la Commission peut décider que les Parties appliquent provisoirement à ladite substance toutes les mesures de contrôle applicables aux stupéfiants du Tableau I. Les Parties appliqueront provisoirement ces mesures à la substance en question ;

(iii) Si l’Organisation mondiale de la santé constate que cette substance peut donner lieu à des abus analogues et produire des effets nocifs analogues à ceux des stupéfiants du Tableau I ou du Tableau II, ou qu’elle est transformable en un stupéfiant, elle en avisera la Commission, et celle-ci pourra alors décider, selon la recommandation de l’Organisation mondiale de la santé, que cette substance sera inscrite au Tableau I ou au Tableau II.

4. Si l’Organisation mondiale de la santé constate qu’une préparation ne peut, en raison des substances qu’elle contient, donner lieu à des abus ni produire d’effets nocifs (paragraphe 3) et que le stupéfiant qu’elle contient n’est pas facilement récupérable, la Commission, selon la recommandation de l’Organisation mondiale de la santé, pourra inscrire cette préparation au Tableau III.

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5. Si l’Organisation mondiale de la santé constate qu’un stupéfiant du Tableau I est particulièrement susceptible de donner lieu à des abus et de produire des effets nocifs (paragraphe 3), et que ce danger n’est pas compensé par des avantages thérapeutiques appréciables que ne posséderaient pas des substances autres que celles du Tableau IV, la Commission peut, selon la recommandation de l’Organisation mondiale de la santé, inscrire ce stupéfiant au Tableau IV.

6. Lorsqu’une notification a trait à un stupéfiant du Tableau I ou du Tableau II ou à une préparation du Tableau III, la Commission, mise à part l’action prévue par le paragraphe 5, peut, selon la recommandation de l’Organisation mondiale de la santé, modifier l’un ou l’autre des Tableaux, soit :

(a) En transférant un stupéfiant du Tableau I au Tableau II ou du Tableau III au Tableau I ; ou

(b) En rayant un stupéfiant ou une préparation, selon le cas, d’un Tableau.

7. Toute décision de la Commission prise en application du présent article sera communiquée par le Secrétaire général à tous les Etats Membres de l’Organisation des Nations Unies, aux Etats non membres Parties à la présente Convention, à l’Organisation mondiale de la santé et à l’Organe. La décision prendra effet à l’égard de chaque Partie à la date de réception de la communication susvisée, et les Parties prendront alors toutes mesures requises par la présente Convention.

8. (a) Toute décision de la Commission de modifier un tableau sera soumise à l’examen du Conseil si une Partie en fait la demande dans les quatre-vingt-dix jours qui suivront la réception de la notification de la décision. Cette demande sera présentée au Secrétaire général avec tous renseignements pertinents à l’appui.

(b) Le Secrétaire général communiquera copie de cette demande et des renseignements pertinents à la Commission, à l’Organisation mondiale de la santé et à toutes les Parties, qu’il invitera à présenter leurs observations dans les quatre-vingt-dix jours. Toutes les observations reçues seront soumises à l’examen du Conseil.

(c) Le Conseil pourra confirmer, modifier ou annuler la décision de la Commission ; il statuera en dernier ressort. Sa décision sera notifiée à tous les Etats Membres de l’Organisation des Nations Unies, aux Etats non membres Parties à la présente Convention, à la Commission, à l’Organisation mondiale de la santé et à l’Organe.

(d) En attendant son examen par le Conseil, la décision de la Commission restera en vigueur.

9. Les décisions de la Commission prises en application du présent article ne seront pas soumises à l’examen prévu à l’article 7.


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Article 4

Obligations générales

Les Parties prendront les mesures législatives et administratives qui pourront être nécessaires :

(a) Pour exécuter les dispositions de la présente Convention dans leurs propres territoires ;

(b) Pour coopérer avec les autres Etats à l’exécution des dispositions de ladite Convention ; et

(c) Sous réserve des dispositions de la présente Convention, pour limiter exclusivement aux fins médicales et scientifiques la production, la fabrication, l’exportation, l’importation, la distribution, le commerce, l’emploi et la détention des stupéfiants.

Article 5

Les organes internationaux de contrôle

Reconnaissant la compétence de l’Organisation des Nations Unies en matière de contrôle international des stupéfiants, les Parties conviennent de confier à la Commission des stupéfiants du Conseil économique et social et à l’Organe international de contrôle des stupéfiants les fonctions qui sont respectivement attribuées à ces organes par la présente Convention.

Article 6

Dépenses des organes internationaux de contrôle

L’Organisation des Nations Unies assume les dépenses de la Commission et de l’Organe dans des conditions qui seront déterminées par l’Assemblée générale Les Parties qui ne sont pas membres de l’Organisation des Nations Unies contribueront aux frais des organes internationaux de contrôle, l’Assemblée générale fixant périodiquement, après avoir consulté les gouvernements de ces Parties, le montant des contributions qu’elle jugera équitable.

Article 7

Révision des décisions et recommandations de la Commission

Sauf en ce qui concerne les décisions prévues à l’article 3, toute décision ou recommandation adoptée par la Commission en exécution des dispositions de la présente Convention est prise sous réserve de l’approbation du Conseil ou de l’Assemblée générale ou

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de toute modification adoptée par l’un ou l’autre de ces organes de la même manière que les autres décisions ou recommandations de la Commission.

Article 8

Fonctions de la Commission

La Commission est habilitée à examiner toutes les questions ayant trait aux buts de la présente Convention, et en particulier :

(a) A modifier les tableaux conformément à l’article 3 ;

(b) A appeler l’attention de l’Organe sur toutes les questions qui peuvent avoir trait aux fonctions de celui-ci ;

(c) A formuler des recommandations pour mettre en œuvre les dispositions de la présente Convention ou atteindre les buts qu’elle vise, y compris des programmes de recherche scientifique et les échanges de renseignements de caractère scientifique ou technique ; et

(d) A attirer l’attention des Etats non parties sur les décisions et recommandations qu’elle adopte conformément aux fonctions que lui confère la présente Convention de façon qu’ils examinent les mesures qu’elle peut être amenée a prendre en vertu de la présente Convention.

Article 9

Composition et attributions de l’organe

1. L’Organe se compose de treize membres élus par le Conseil ainsi qu’il suit :

(a) Trois membres ayant l’expérience de la médecine, de la pharmacologie ou de la pharmacie et choisis sur une liste d’au moins cinq personnes désignées par l’Organisation mondiale de la santé ; et

(b) Dix membres choisis sur une liste de personnes désignées par les Membres de l’Organisation des Nations Unies et par les Parties qui n’en sont pas membres.

2. Les membres de l’Organe doivent être des personnes qui, par leur compétence, leur impartialité et leur désintéressement, inspirent la confiance générale. Pendant la durée de leur mandat, elles ne doivent occuper aucun poste ni se livrer à aucune activité qui soit de nature à les empêcher d’exercer avec impartialité leurs fonctions. Le Conseil prend, en consultation avec l’Organe, toutes les dispositions nécessaires pour assurer la pleine indépendance technique de ce dernier dans l’exercice de ses fonctions.


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3. Le Conseil, eu égard au principe d’une représentation géographique équitable, doit tenir compte de l’intérêt qu’il y a à faire entrer dans l’Organe, en proportion équitable, des personnes qui soient au courant de la situation en matière de stupéfiants dans les pays producteurs, fabricants et consommateurs et qui aient des attaches avec lesdits pays.

4. Sans préjudice des autres dispositions de la présente Convention, l’Organe agissant en coopération avec les gouvernements, s’efforcera de limiter la culture, la production, la fabrication et l’usage des stupéfiants aux montants requis à des fins médicales et scientifiques, de faire en sorte qu’il y soit satisfait et d’empêcher la culture, la production, la fabrication, le trafic et l’usage illicites des stupéfiants.

5. Les mesures prises par l’Organe en application de la présente Convention seront toujours celles qui seront les plus propres à servir la coopération des gouvernements avec l’Organe et à rendre possible un dialogue permanent entre les gouvernements et l’Organe, de manière à aider et à faciliter toute action efficace des gouvernements en vue d’atteindre les buts de la présente Convention.

Article 10

Durée du mandat et rémunération des membres de l’organe

1. Les membres de l’Organe sont élus pour cinq ans et ils sont rééligibles.

2. Le mandat de chaque membre de l’Organe se termine la veille de la première séance de l’Organe à laquelle son successeur a le droit de siéger.

3. Un membre de l’Organe qui a été absent lors de trois sessions consécutives sera considéré comme démissionnaire.

4. Le Conseil peut, sur la recommandation de l’Organe, révoquer un membre de l’Organe qui ne remplit plus les conditions requises au paragraphe 2 de l’article 9. Cette recommandation doit être formulée par un vote affirmatif de neuf membres de l’Organe.

5. Lorsque le Siège d’un membre de l’Organe devient vacant au cours du mandat de son titulaire, le Conseil pourvoit à cette vacance en élisant un autre membre aussitôt que possible pour le reste de la durée du mandat, conformément aux dispositions applicables de l’article 9.

6. Les membres de l’Organe reçoivent une rémunération appropriée dont le montant est fixé par l’Assemblée générale.

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Article 11

Règlement intérieur de l’organe

1. L’Organe élit son président et les membres dont l’élection lui paraît nécessaire pour constituer son bureau ; il adopte son règlement intérieur.

2. L’Organe se réunit aussi souvent qu’il le juge nécessaire à l’accomplissement satisfaisant de ses fonctions, mais il doit tenir au moins deux sessions par année civile.

3. Le quorum indispensable pour les réunions de l’Organe est de huit membres.

Article 12

Application du régime des évaluations

1. L’Organe fixera la date ou les dates auxquelles les évaluations devront être fournies, conformément à l’article 19, ainsi que la forme sous laquelle elles devront être présentées, et il prescrira des formulaires à cette fin.

2. En ce qui concerne les pays et territoires auxquels ne s’applique pas la présente Convention, l’Organe invitera les gouvernements intéressés a fournir les évaluations conformément aux dispositions de celle-ci.

3. Au cas où un Etat ne fournirait pas conformément à la date fixée les évaluations relatives à l’un de ses territoires, l’Organe les établira lui-même dans la mesure du possible, et, autant que faire se pourra, en coopération avec le gouvernement intéressé.

4. L’Organe examinera les évaluations, y compris les évaluations supplémentaires, et, sauf en ce qui concerne les besoins spéciaux, il pourra demander pour chaque pays ou territoire pour lequel une évaluation aura été fournie, les renseignements qu’il estimera nécessaires afin de compléter les évaluations ou d’élucider telle indication qui s’y trouve.

5. En vue de limiter l’usage et la distribution des stupéfiants aux montants requis à des fins médicales et scientifiques et de faire en sorte qu’il y soit satisfait, l’Organe confirmera dans le plus bref délai possible les évaluations, y compris les évaluations supplémentaires ; il pourra aussi les modifier avec le consentement du gouvernement intéressé. En cas de désaccord entre le gouvernement et l’Organe, ce dernier aura le droit d’établir, de communiquer et de publier ses propres évaluations, y compris les évaluations supplémentaires.

6. Outre la documentation prévue à l’article 15, l’Organe publiera, aux dates qu’il aura fixées, mais au moins une fois par an, les renseignements relatifs aux évaluations qui lui paraîtront devoir faciliter l’application de la présente Convention.


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Article 13

Application du régime des statistiques

1. L’Organe fixera la manière et la forme sous lesquelles les statistiques devront être fournies comme prévu à l’article 20 et prescrira les formulaires à cette fin.

2. L’Organe examinera les statistiques afin de déterminer si les Parties ou tous autres Etats se sont conformés aux dispositions de la présente Convention.

3. L’Organe pourra demander les renseignements supplémentaires qu’il estimera nécessaires pour compléter ces statistiques ou élucider telle indication qui s’y trouve.

4. L’Organe n’aura pas compétence pour poser des questions ou exprimer une opinion au sujet des statistiques relatives aux stupéfiants requis pour les besoins spéciaux.

Article 14

Mesures à prendre par l’organe pour assurer l’exécution des dispositions de la Convention

1. (a) Si, après examen des renseignements adressés à l’Organe par le gouvernement conformément aux dispositions de la présente Convention ou des renseignements communiqués par des organes des Nations Unies ou par des institutions spécialisées ou, à condition qu’elles soient agréées par la Commission sur la recommandation de l’Organe, soit par d’autres organisations intergouvernementales, soit par des organisations internationales non gouvernementales qui ont une compétence directe en la matière et qui sont dotées du statut consultatif auprès du Conseil économique et social en vertu de l’Article 71 de la Charte des Nations Unies ou qui jouissent d’un statut analogue par accord spécial avec le Conseil, l’Organe a des raisons objectives de croire que les buts de la présente Convention sont sérieusement compromis du fait qu’une Partie ou un pays ou territoire manque d’exécuter les dispositions de la présente Convention, l’Organe a le droit de proposer d’entrer en consultation avec le gouvernement intéressé ou de lui demander des explications. Si, sans qu’il ait manqué d’exécuter les dispositions de la présente Convention, une Partie ou un pays ou territoire est devenu un centre important de culture, de production, de fabrication, de trafic ou de consommation illicites de stupéfiants, ou qu’il existe manifestement un grave risque qu’il le devienne, l’Organe a le droit de proposer d’entrer en consultation avec le gouvernement intéressé. Sous réserve du droit qu’il possède d’appeler l’attention des Parties et du Conseil et de la Commission sur la question, ainsi qu’il est prévu à l’alinéa d ci-dessous, l’Organe considérera comme confidentielles une demande de renseignements et une explication fournie par un gouvernement ou une proposition de consultations et les consultations tenues avec un gouvernement en vertu des dispositions du présent alinéa.

(b) Après avoir agi conformément à l’alinéa a ci-dessus, l’Organe peut, s’il juge nécessaire de le faire, demander au gouvernement intéressé de prendre les mesures

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correctives qui, en raison des circonstances, peuvent paraître nécessaires pour assurer l’exécution des dispositions de la présente Convention.

(c) L’Organe peut, s’il le juge nécessaire pour élucider une question visée à l’alinéa a ci-dessus, proposer au gouvernement intéressé de faire entreprendre une étude de celle-ci, sur son territoire, de la manière que ce dernier juge appropriée. Si le gouvernement intéressé décide d’entreprendre cette étude, il peut prier l’Organe de fournir des moyens techniques et les services d’une ou plusieurs personnes possédant les qualifications requises pour assister les agents du gouvernement dans l’étude en question. La ou les personnes que l’Organe se propose de mettre à la disposition du gouvernement seront soumises à l’agrément de ce dernier. Les modalités de l’étude et le délai dans lequel elle doit être achevée seront arrêtés par voie de consultation entre le gouvernement et l’Organe. Le gouvernement transmettra à l’Organe les résultats de l’étude et indiquera les mesures correctives qu’il juge nécessaire de prendre.

(d) Si l’Organe constate que le gouvernement intéressé a manqué de donner des explications satisfaisantes lorsqu’il a été invité à le faire conformément à l’alinéa a ci-dessus, ou a négligé d’adopter toute mesure corrective qu’il a été invité à prendre conformément à l’alinéa b ci-dessus, ou qu’il existe une situation grave exigeant des mesures de coopération internationale en vue d’y remédier, il peut appeler l’attention des Parties, du Conseil et de la Commission sur la question. L’Organe agira ainsi si les buts de la présente Convention sont sérieusement compromis et s’il n’a pas été possible de résoudre autrement la question de façon satisfaisante. I1 agira de la même manière s’il constate qu’il existe une situation grave qui requiert des mesures de coopération internationale, et s’il considère qu’en vue de remédier à cette situation, attirer l’attention des Parties, du Conseil et de la Commission est le moyen le plus approprié de faciliter une telle coopération ; après examen des rapports établis par l’Organe, et éventuellement par la Commission, le Conseil peut appeler l’attention de l’Assemblée générale sur la question.

2. Lorsqu’il appelle l’attention des Parties, du Conseil et de la Commission sur une question conformément à l’alinéa d du paragraphe 1 ci-dessus, l’Organe peut, s’il juge une telle mesure nécessaire, recommander aux Parties d’arrêter l’importation de stupéfiants en provenance du pays intéressé, ou l’exportation de stupéfiants à destination de ce pays ou territoire, ou, à la fois, l’importation et l’exportation, soit pour une période déterminée, soit jusqu’a ce que la situation dans ce pays ou territoire lui donne satisfaction. L’état intéressé a le droit de porter la question devant le Conseil.

3. L’Organe a le droit de publier un rapport sur toute question visée par les dispositions du présent article, et de le communiquer au Conseil, qui le transmettra à toutes les Parties. Si l’Organe publie dans ce rapport une décision prise en vertu du présent article, ou des renseignements concernant cette décision, il doit également y publier l’avis du gouvernement intéressé si celui-ci le demande.

4. Dans les cas où une décision de l’Organe publiée conformément au présent article n’a pas été prise à l’unanimité, l’opinion de la minorité doit être exposée.


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5. Tout Etat sera invité à se faire représenter aux séances de l’Organe au cours desquelles est examinée une question l’intéressant directement aux termes du présent article.

6. Les décisions de l’Organe prises en vertu du présent article doivent être adoptées à la majorité des deux tiers du nombre total des membres de l’Organe.

Article 14 bis

Assistance technique et financière

Dans les cas où il le juge approprié, l’Organe, agissant en accord avec le gouvernement intéressé, peut, soit parallèlement, soit aux lieu et place des mesures énoncées aux paragraphes 1 et 2 de l’article 14, recommander aux organes compétents des Nations Unies et aux institutions spécialisées qu’une assistance technique ou financière, ou l’une et l’autre à la fois, soit fournie audit gouvernement afin d’appuyer ses efforts pour s’acquitter de ses obligations découlant de la présente Convention, en particulier celles qui sont stipulées ou mentionnées aux articles 2, 35, 38 et 38 bis.

Article 15

Rapports de l’organe

1. L’Organe établit un rapport annuel sur ses travaux et tous autres rapports supplémentaires qu’il peut estimer nécessaires et dans lesquels figurent également une analyse des évaluations et des renseignements statistiques dont il dispose et, dans les cas appropriés, un exposé des explications que les gouvernements ont pu fournir ou ont été requis de fournir, ainsi que toute observation et recommandation que l’Organe peut vouloir formuler. Ces rapports sont présentés au Conseil par l’intermédiaire de la Commission, qui peut formuler les observations qu’elle juge opportunes.

2. Les rapports sont communiqués aux Parties et publiés ultérieurement par le Secrétaire général. Les Parties autorisent la libre distribution de ces rapports.

Article 16

Secrétariat

Les services de secrétariat de la Commission et de l’Organe seront fournis par le Secrétaire général. Toutefois, le Secrétaire de l’Organe sera nommé par le Secrétaire général en consultation avec l’Organe.

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Article 17

Administration spéciale

Les Parties maintiendront une administration spéciale chargée d’appliquer les dispositions de la présente Convention.

Article 18

Renseignements à fournir au Secrétaire général par les Parties

(a) Les Parties fourniront au Secrétaire général les renseignements que la Commission peut demander en tant que nécessaires pour l’exercice de ses fonctions, et notamment :

(b) Un rapport annuel relatif au fonctionnement de la Convention dans chacun de leurs territoires ;

(c) De temps à autre, les textes de toutes les lois et de tous les règlements promulgués pour donner effet à la présente Convention ;

(d) Toutes précisions que la Commission demandera sur les affaires de trafic illicite, et notamment les détails de chaque affaire de trafic illicite découverte qui pourront présenter de l’importance soit en raison de la lumière qu’ils jettent sur les sources d’approvisionnement en stupéfiants du trafic illicite, soit en raison des quantités en cause ou de la méthode utilisée par les trafiquants illicites ; et

(e) Les noms et adresses des autorités administratives habilitées à délivrer les autorisations ou certificats d’exportation et d’importation.

1. Les Parties fourniront les renseignements prévus au paragraphe précédent, sous la forme et aux dates indiquées et en utilisant tels formulaires dont la Commission pourra demander l’emploi.

Article 19

Evaluations des besoins en stupéfiants

1. Les Parties adresseront à l’Organe, chaque année et pour chacun de leurs territoires, de la manière et sous la forme qu’il prescrira, des évaluations ayant trait aux sujets suivants et établies sur des formulaires fournis par l’Organe :

(a) Les quantités de stupéfiants qui seront consommées à des fins médicales et scientifiques ;


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(b) Les quantités de stupéfiants qui seront utilisées pour la fabrication d’autres stupéfiants, de préparations du Tableau III et de substances non visées par la présente Convention ;

(c) Les quantités de stupéfiants qui seront en stock au 31 décembre de l’année à laquelle les évaluations se rapportent ;

(d) Les quantités de stupéfiants qu’il est nécessaire d’ajouter aux stocks spéciaux ;

(e) La superficie (en hectares) et l’emplacement géographique des terres qui seront consacrées à la culture du pavot a opium ;

(f) La quantité approximative d’opium qui sera produite ;

(g) Le nombre des établissements industriels qui fabriqueront des stupéfiants synthétiques ; et

(h) Les quantités de stupéfiants synthétiques qui seront fabriqués par chacun des établissements mentionnés à l’alinéa précédent.

2. (a) Sous réserve des déductions prévues au paragraphe 3 de l’article 21, le total des évaluations pour chaque territoire et pour chaque stupéfiant à l’exception de l’opium et des stupéfiants synthétiques sera la somme des quantités spécifiées aux alinéas a, b et d du paragraphe 1 du présent article, augmentée de toute quantité nécessaire pour porter les stocks existant au 31 décembre de l’année précédente au niveau évalué conformément aux dispositions de l’alinéa c du paragraphe 1.

(b) Sous réserve des déductions prévues au paragraphe 3 de l’article 21 en ce qui concerne les importations et au paragraphe 2 de L’article 21 bis, le total des évaluations d’opium pour chaque territoire sera soit la somme des quantités spécifiées aux alinéas a, b et d du paragraphe 1 du présent article, augmentée de toute quantité nécessaire pour porter les stocks existant au 31 décembre de l’année précédente au niveau évalué conformément aux dispositions de l’alinéa c du paragraphe 1, soit la quantité spécifiée à l’alinéa f du paragraphe 1 du présent article si elle est plus élevée que la première.

(c) Sous réserve des déductions prévues au paragraphe 3 de l’article 21, le total des évaluations de chaque stupéfiant synthétique pour chaque territoire sera soit la somme des quantités spécifiées aux alinéas a, b et d du paragraphe 1 du présent article, augmentée de la quantité nécessaire pour porter les stocks existant au 31 décembre de l’année précédente au niveau évalué conformément aux dispositions de l’alinéa c du paragraphe 1, soit la somme des quantités spécifiées à l’alinéa h du paragraphe 1 du présent article si elle est plus élevée que la première.

(d) Les évaluations fournies en vertu des alinéas précédents du présent paragraphe seront modifiées selon qu’il conviendra, de manière à tenir compte de toute quantité saisie

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puis mise sur le marche licite, ainsi que de toute quantité prélevée sur les stocks spéciaux pour satisfaire aux besoins de la population civile.

3. Tout Etat pourra fournir en cours année des évaluations supplémentaires en exposant les circonstances qui les rendent nécessaires.

4. Les Parties feront connaître à l’Organe la méthode employée pour déterminer les quantités indiquées dans les évaluations et les modifications qui auront pu être apportées à cette méthode.

5. Sous réserve des déductions prévues au paragraphe 3 de l’article 21, et compte tenu le cas échéant des dispositions de l’article 21 bis, les évaluations ne devront pas être dépassées.

Article 20

Statistiques à fournir à l’organe

1. Les Parties adresseront à l’Organe, pour chacun de leurs territoires, de la manière et sous la forme qu’il prescrira, des statistiques ayant trait aux sujets suivants et établies sur des formulaires fournis par l’Organe :

(a) Production ou fabrication de stupéfiants ;

(b) Utilisation de stupéfiants pour la fabrication d’autres stupéfiants, de préparations du Tableau III et de substances non visées par la présente Convention et utilisation de la paille de pavot pour la fabrication de stupéfiants ;

(c) Consommation de stupéfiants ;

(d) Importations et exportations de stupéfiants et de paille de pavot ;

(e) Saisies de stupéfiants et affectation des quantités saisies ;

(f) Stocks de stupéfiants au 31 décembre de l’année à laquelle les statistiques se rapportent ; et

(g) Superficie déterminable des cultures de pavot à opium.

2. (a) Les statistiques ayant trait aux sujets mentionnés au paragraphe 1, exception faite de l’alinéa d, seront établies annuellement et seront fournies à l’Organe au plus tard le 30 juin de l’année suivant celle à laquelle elles se rapportent ;

(b) Les statistiques ayant trait aux sujets mentionnés à l’alinéa d du paragraphe 1 seront établies trimestriellement et seront fournies à l’Organe dans le délai d’un mois à compter de la fin du trimestre auquel elles se rapportent.


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2. Les Parties ne sont pas tenues de fournir de statistiques ayant trait aux stocks spéciaux, mais elles fourniront séparément des statistiques ayant trait aux stupéfiants importés ou acquis dans le pays ou territoire pour les besoins spéciaux, ainsi qu’aux quantités de stupéfiants prélevés sur les stocks spéciaux pour satisfaire aux besoins de la population civile.

Article 21

Limitation de la fabrication et de l’importation

1. La quantité totale de chaque stupéfiant qui sera fabriquée et importée par un pays ou territoire quelconque au cours d’une année donnée ne devra pas être supérieure à la somme des éléments suivants :

(a) La quantité consommée, dans la limite d’évaluation correspondante, à des fins médicales et scientifiques ;

(b) La quantité utilisée, dans la limite de l’évaluation correspondante, en vue de la fabrication d’autres stupéfiants, de préparations du Tableau III et de substances non visées par la présente Convention ;

(c) La quantité exportée ;

(d) La quantité versée au stock afin de porter celui-ci au niveau spécifié dans l’évaluation correspondante ; et

(e) La quantité acquise, dans la limite d’évaluation correspondante, pour les besoins spéciaux.

2. De la somme des éléments énumérés au paragraphe 1, il sera déduit toute quantité qui aura été saisie et mise sur le marche licite, ainsi que toute quantité prélevée sur les stocks spéciaux pour satisfaire aux besoins de la population civile.

3. Si l’Organe constate que la quantité fabriquée et importée au cours d’une année donnée excède la somme des quantités énumérées au paragraphe 1, compte tenu des déductions prévues au paragraphe 2 du présent article, l’excédent ainsi constaté qui subsisterait à la fin de l’année sera déduit, l’année suivante, des quantités qui doivent être fabriquées ou importées, ainsi que du total des évaluations défini au paragraphe 2 de l’article 19.

4. (a) S’il ressort des statistiques des importations ou des exportations (article 20) que la quantité exportée à destination d’un pays ou territoire quelconque dépasse le total des évaluations relatives à ce pays ou territoire, tel qu’il est défini au paragraphe 2 de l’article 19, augmenté des quantités déclarées comme ayant été exportées et déduction faite de tout excédent constaté aux termes du paragraphe 3 du présent article, l’Organe peut en faire notification aux Etats, qui, à son avis, devraient en être informés.

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(b) Dès réception d’une telle notification, les Parties n’autoriseront plus, pendant l’année en cours, aucune exportation nouvelle du stupéfiant dont il s’agit à destination du pays ou du territoire en cause, sauf :

(i) Dans le cas où une évaluation supplémentaire aura été fournie pour ce pays ou territoire en ce qui concerne à la fois toute quantité importée en excédent et la quantité supplémentaire requise ; ou

(ii) Dans les cas exceptionnels ou l’exportation est, de l’avis du gouvernement du pays exportateur, indispensable au traitement des malades.

Article 21 bis

Limitation de la production d’opium

1. La production d’opium par un pays ou territoire quelconque sera organisée et contrôlée de telle manière que, dans la mesure du possible, la quantité produite au cours d’une année donnée ne soit pas supérieure à l’évaluation, établie conformément au paragraphe l, f, de l’article 19, de la quantité d’opium qu’il est prévu de produire.

2. Si l’Organe constate, d’après les renseignements qui lui auront été fournis conformément aux dispositions de la présente Convention, qu’une partie qui a fourni une évaluation conformément au paragraphe 1, f, de l’article 19 n’a pas limité l’opium produit à l’intérieur de ses frontières à des fins licites conformément aux évaluations pertinentes, et qu’une quantité importante d’opium produite, licitement ou illicitement, à l’intérieur des frontières de cette Partie, a été mise sur le marché illicite, l’Organe peut, après avoir examiné les explications de la Partie intéressée, qui doivent lui être présentées dans un délai d’un mois suivant la notification de ladite constatation, décider de déduire tout ou partie de ce montant de la quantité qui sera produite et du total des évaluations tel qu’il est défini au paragraphe 2, b, de l’article 19 pour la première année où une telle déduction sera techniquement applicable, compte tenu de l’époque de l’année et des engagements contractuels auxquels la Partie en cause aura souscrit en vue d’exporter de l’opium. Cette décision devra prendre effet quatre-vingt-dix jours après que la Partie intéressée en aura reçu notification.

3. L’Organe, après avoir notifié à la Partie intéressée sa décision relative à une déduction prise conformément au paragraphe 2 ci-dessus, entrera en consultation avec elle afin d’apporter une solution satisfaisante à la situation.

4. Si la situation n’est pas résolue d’une manière satisfaisante, l’Organe peut, s’il y a lieu, appliquer les dispositions de l’article 14.

5. En prenant sa décision relative à la déduction prévue au paragraphe 2 ci-dessus, l’Organe tiendra compte non seulement de toutes les circonstances pertinentes, notamment


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celles qui donnent naissance au problème du trafic illicite visé au paragraphe 2 ci-dessus, mais aussi de toute nouvelle mesure appropriée de contrôle que la Partie a pu adopter.

Article 22

Disposition spéciale applicable à la culture

1. Lorsque la situation dans le pays ou un territoire d’une Partie est telle que l’interdiction de la culture du pavot à opium, du cocaïer ou de la plante de cannabis est, à son avis, la mesure la plus appropriée pour protéger la santé publique, et empêcher que des stupéfiants ne soient détournés vers le trafic illicite, la Partie intéressée en interdira la culture.

2. La Partie qui interdit la culture du pavot à opium ou de la plante de cannabis prendra les mesures appropriées pour saisir les plants cultivés illicitement et pour les détruire, sauf pour de petites quantités nécessaires pour la Partie aux fins de recherches scientifiques.

Article 23

Organismes nationaux de l’opium

1. Toute Partie qui autorise la culture du pavot à opium en vue de la production d’opium établira, si elle ne l’a déjà fait, et maintiendra un ou plusieurs organismes d’Etat (désignés ci-après dans le présent article par le terme "organisme") charges d’exercer les fonctions stipulées au présent article.

2. Toute Partie visée au paragraphe précédent appliquera les dispositions ci-après à la culture du pavot à opium pour la production de l’opium et à l’opium :

(a) L’Organisme délimitera les régions et désignera les parcelles de terrain où la culture du pavot à opium en vue de la production d’opium sera autorisée ;

(b) Les cultivateurs titulaires d’une licence délivrée par l’organisme seront seuls autorisés à se livrer à cette culture ;

(c) Chaque licence spécifiera la superficie du terrain sur lequel cette culture est autorisée ;

(d) Tout cultivateur de pavot a opium sera tenu de livrer à l’organisme la totalité de sa récolte d’opium ; l’organisme achètera cette récolte et en prendra matériellement possession dès que possible, mais au plus tard dans un délai de quatre mois à compter de la fin de la récolte ; et

(e) L’organisme aura seul le droit, en ce qui concerne l’opium, d’importer, d’exporter, de se livrer au commerce de gros et de conserver des stocks, à l’exception des stocks détenus par les fabricants d’alcaloïdes de l’opium, d’opium médicinal ou de préparations à base

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d’opium. Les Parties ne sont pas tenues d’étendre cette clause à l’opium médicinal et aux préparations à base d’opium.

3. Les fonctions administratives prévues au paragraphe 2 seront exercées par un seul organisme d’Etat si la constitution de la Partie intéressée le permet.

Article 24

Restrictions à la production de l’opium destiné au commerce international

1. (a) Si l’une des Parties a l’intention de commencer à produire de l’opium ou d’augmenter sa production d’opium, elle tiendra compte de la demande mondiale d’opium existante, conformément aux évaluations publiées par l’Organe, afin que sa production d’opium n’entraîne pas une surproduction d’opium dans l’ensemble du monde.

(b) Aucune Partie n’autorisera la production de l’opium ou n’augmentera sa production d’opium si, à son avis, une telle production ou augmentation de la production sur son territoire risque d’alimenter le trafic illicite de l’opium.

2. (a) Sous réserve des dispositions du paragraphe 1, si une Partie, qui au 1er janvier 1961 ne produisait pas d’opium pour l’exportation, désire exporter sur l’opium qu’elle produit des quantités n’excédant pas cinq tonnes par an, elle le notifiera à l’Organe, en joignant à cette notification des renseignements concernant :

(i) Les contrôles en vigueur exigés par la présente Convention en ce qui concerne la production et l’exportation de l’opium ; et

(ii) Le nom du pays ou des pays vers lesquels elle compte exporter l’opium ;

et l’Organe pourra soit approuver cette notification, soit recommander à la Partie intéressée de ne pas produire d’opium pour l’exportation.

(b) Si une Partie autre qu’une Partie désignée au paragraphe 3 désire produire plus de cinq tonnes d’opium destiné à l’exportation par an, elle le notifiera au Conseil, en joignant à cette notification des renseignements appropriés, y compris :

(i) L’évaluation des quantités qui doivent être produites pour l’exportation ;

(ii) Les contrôles existants ou proposés en ce qui concerne l’opium qui doit être produit ;

(iii) Le nom du pays ou des pays vers lesquels elle compte exporter cet opium ;

et le Conseil pourra soit approuver la notification soit recommander à la Partie intéressée de ne pas produire d’opium pour l’exportation.


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3. Nonobstant les dispositions des alinéas a et b du paragraphe 2, une Partie qui, pendant les dix années qui ont précédé immédiatement le 1er janvier 1961, a exporté l’opium produit par elle pourra continuer à exporter l’opium qu’elle produit.

4. (a) Une Partie n’importera d’opium d’aucun pays ou territoire sauf si l’opium est produit sur le territoire :

(i) D’une Partie mentionnée au paragraphe 3 ;

(ii) D’une Partie qui a adressé une notification à l’Organe conformément aux dispositions de l’alinéa a du paragraphe 2 ; ou

(iii) D’une Partie qui a reçu l’approbation du Conseil conformément aux dispositions de l’alinéa b du paragraphe 2.

(b) Nonobstant les dispositions de l’alinéa a du présent paragraphe, une Partie peut importer l’opium produit par tout pays qui a produit et exporté de l’opium pendant les dix années qui ont précédé le 1er janvier 1961, si un organisme ou agence de contrôle national a été établi et fonctionne aux fins définies à l’article 23 dans le pays intéressé et si celui-ci possède des moyens efficaces de faire en sorte que l’opium qu’il produit n’alimente pas le trafic illicite.

5. Les dispositions du présent article n’empêcheront pas une Partie :

(a) De produire de l’opium en quantité suffisante pour ses besoins ; ou

(b) D’exporter de l’opium saisi dans le trafic illicite à une autre Partie, conformément aux exigences de la présente Convention.

Article 25

Contrôle de la paille de pavot

1. Une Partie qui permet la culture du pavot à opium pour des buts autres que la production de l’opium prendra toutes les mesures nécessaires pour assurer :

(a) Que de l’opium n’est pas produit à partir de tels pavots à opium ; et

(b) Que la fabrication de stupéfiants à partir de la paille de pavot est contrôlée de façon satisfaisante.

2. Les Parties appliqueront à la paille de pavot le système de certificats d’importation et d’autorisations d’exportation prévu aux paragraphes 4 à 15 de l’article 31.

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3. Les Parties fourniront les mêmes statistiques sur l’importation et l’exportation de la paille de pavot que celles qui sont prévues pour les stupéfiants aux paragraphes 1, d, et 2, b, de l’article 20.

Article 26

Le cocaïer et la feuille de coca

1. Si une Partie autorise la culture du cocaïer, elle lui appliquera, ainsi qu’à la feuille de coca, le régime de contrôle prévu à l’article 23 pour le pavot à opium ; en ce qui concerne l’alinéa d du paragraphe 2 de cet article, l’obligation imposée à l’organisme mentionné sera seulement d’entrer matériellement en possession de la récolte, aussitôt que possible après qu’elle aura été faite.

2. Dans la mesure du possible, les Parties feront procéder à l’arrachage de tous les cocaïers existant à l’état sauvage. Elles détruiront les cocaïers cultivés illégalement.

Article 27

Dispositions supplémentaires relatives à la feuille de coca

1. Les Parties peuvent permettre l’utilisation de feuilles de coca pour la préparation d’un produit aromatique qui ne devra contenir aucun alcaloïde et elles peuvent, dans la mesure nécessaire à cette utilisation, permettre la production, l’importation, l’exportation, le commerce et la détention de ces feuilles.

2. Les Parties fourniront séparément les évaluations (article 19) et les statistiques (article 20) concernant les feuilles de coca destinées à la préparation d’un tel produit aromatique ; toutefois, il n’y aura pas lieu de le faire si les mêmes feuilles de coca sont utilisées pour l’extraction d’alcaloïdes ainsi que pour celle de produits aromatiques, et si ce fait est précisé dans les évaluations et les statistiques.

Article 28

Contrôle du cannabis

1. Si une Partie autorise la culture de la plante de cannabis en vue de la production de cannabis ou de résine de cannabis, elle lui appliquera le régime de contrôle prévu à l’article 23 en ce qui concerne le contrôle du pavot à opium.

2. La présente Convention ne s’appliquera pas à la culture de la plante de cannabis exclusivement à des fins industrielles (fibres et graines) ou pour des buts horticulturaux.

3. Les Parties adopteront les mesures qui peuvent être nécessaires pour empêcher l’abus des feuilles de la plante de cannabis ou le trafic illicite de celles-ci.


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Article 29

Fabrication

1. Les Parties exigeront que la fabrication des stupéfiants s’effectue sous licence, sauf quand cette fabrication est effectuée par une ou des entreprises d’Etat

2. Les Parties :

(a) Exerceront une surveillance sur toutes les personnes et entreprises se livrant à la fabrication de stupéfiants ou y participant ;

(b) Soumettront à un régime de licences les établissements et les locaux dans lesquels la fabrication peut se faire ; et

(c) Exigeront que les fabricants de stupéfiants titulaires d’une licence se munissent de permis périodiques précisant les catégories et les quantités de stupéfiants qu’ils auront le droit de fabriquer. Cependant, un permis périodique ne sera pas nécessaire pour les préparations.

3. Les Parties empêcheront l’accumulation, en la possession des fabricants de stupéfiants, de quantités de stupéfiants et de paille de pavot excédant celles qui sont nécessaires au fonctionnement normal de l’entreprise, compte tenu de la situation du marché.

Article 30

Commerce et distribution

1. (a) Les Parties exigeront que le commerce et la distribution des stupéfiants s’effectuent sous licence, sauf si ce commerce ou cette distribution sont effectués par une ou des entreprises d’Etat

(b) Les Parties :

(i) Exerceront une surveillance sur toutes les personnes et entreprises se livrant au commerce ou à la distribution des stupéfiants ou y participant ; et

(ii) Soumettront à un régime de licence les établissements et les locaux dans lesquels ce commerce et cette distribution peuvent se faire. Cependant, une licence ne sera pas nécessairement requise pour les préparations.

(c) Les dispositions des alinéas a et b concernant le régime des licences ne s’appliqueront pas nécessairement aux personnes dûment autorisées à exercer des fonctions thérapeutiques ou scientifiques et agissant dans l’exercice de ces fonctions.

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2. En outre, les Parties :

(a) Empêcheront aussi l’accumulation, en la possession des commerçants, des distributeurs, des entreprises d’Etat, ou des personnes dûment autorisées visées ci-dessus, de quantités de stupéfiants et de paille de pavot excédant celles qui sont nécessaires au fonctionnement normal de l’entreprise, compte tenu de la situation du marché ;

(b) i) Exigeront que les stupéfiants ne soient fournis ou dispensés à des particuliers que sur ordonnance médicale. Cette disposition n’est pas nécessairement applicable aux stupéfiants que des particuliers peuvent légalement obtenir, utiliser, dispenser ou administrer à l’occasion de l’exercice dûment autorisé de leurs fonctions thérapeutiques ; et

(i) Si les Parties jugent ces mesures nécessaires ou souhaitables, elles exigeront que les ordonnances prescrivant des stupéfiants du Tableau I soient écrites sur des formules officielles qui seront fournies sous la forme de carnet à souches par les autorités administratives compétentes ou par les associations professionnelles autorisées.

3. Il est souhaitable que les Parties exigent que les offres écrites ou imprimées de stupéfiants, les annonces publicitaires de quelque nature qu’elles soient ainsi que les notices descriptives relatives aux stupéfiants et utilisées à des fins commerciales, les conditionnements contenant des stupéfiants et les étiquettes sous lesquelles les stupéfiants sont mis en vente, indiquent la dénomination commune internationale communiquée par l’Organisation mondiale de la santé.

4. Si une Partie juge qu’une telle mesure est nécessaire ou souhaitable, elle exigera que tout conditionnement contenant un stupéfiant porte un double filet rouge très apparent. Le colis dans lequel ce conditionnement est expédié ne portera pas ce double filet rouge.

5. Les Parties exigeront que l’étiquette sous laquelle une drogue est mise en vente indique nommément le ou les stupéfiants qu’elle contient ainsi que leur poids ou leur pourcentage. L’obligation de fournir ces renseignements sur l’étiquette ne s’appliquera pas nécessairement à un stupéfiant dispensé à un particulier sur prescription magistrale.

6. Les dispositions des paragraphes 2 et 5 ne s’appliqueront pas nécessairement au commerce de détail ni à la distribution au détail des stupéfiants du Tableau II.

Article 31

Dispositions spéciales relatives au commerce international

1. Les Parties ne permettront pas sciemment l’exportation de stupéfiants à destination d’un pays ou territoire quelconque, si ce n’est :


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(a) Conformément aux lois et règlements de ce pays ou territoire ; et

(b) Dans les limites du total des évaluations afférentes à ce pays ou territoire, tel qu’il est défini au paragraphe 2 de l’article 19, en y ajoutant les quantités qui doivent être réexportées.

2. Les Parties exerceront dans les ports francs et les zones franches la même surveillance et le même contrôle que dans les autres parties de leurs territoires, étant entendu, toutefois, qu’elles pourront appliquer un régime plus sévère.

3. (a) Les Parties contrôleront au moyen d’une licence l’importation et l’exportation des stupéfiants sauf dans les cas où cette importation ou cette exportation est effectuée par une ou des entreprises Etat.

(b) Les Parties exerceront une surveillance sur toutes les personnes et entreprises se livrant à une telle importation ou exportation ou y participant.

4. (a) Chaque Partie autorisant l’importation ou l’exportation d’un stupéfiant exigera l’obtention d’une autorisation d’importation ou d’exportation distincte pour chaque importation ou exportation, qu’il s’agisse d’un ou de plusieurs stupéfiants.

(b) Cette autorisation indiquera le nom du stupéfiant, la dénomination commune internationale si elle existe, la quantité à importer ou à exporter, les noms et adresses de l’importateur ou de l’exportateur et spécifiera la période durant laquelle l’importation ou l’exportation doit être effectuée.

(c) L’autorisation d’exportation indiquera en outre le numéro et la date du certificat d’importation (paragraphe 5) ainsi que l’autorité qui l’a délivré.

(d) L’autorisation d’importation pourra permettre d’importer en plusieurs envois.

5. Avant de délivrer une autorisation d’exportation, les Parties exigeront un certificat d’importation, délivré par les autorités compétentes du pays ou territoire importateur et attestant que l’importation du stupéfiant ou des stupéfiants dont il est question est approuvée et ce certificat sera produit par la personne ou l’établissement demandant l’autorisation d’exportation. Les Parties se conformeront autant que faire se pourra au modèle de certificat d’importation approuvé par la Commission.

6. Une copie de l’autorisation d’exportation sera jointe à chaque envoi, et le gouvernement qui délivre l’autorisation d’exportation en adressera une copie au gouvernement du pays ou territoire importateur.

7. (a) Lorsque l’importation a été effectuée ou lorsque la période fixée pour l’importation prend fin, le gouvernement du pays ou territoire importateur renverra au

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gouvernement du pays ou territoire exportateur l’autorisation d’exportation, avec une mention spéciale à cet effet.

(b) La mention précitée spécifiera la quantité effectivement importée.

(c) Si la quantité effectivement exportée est inférieure à celle qui est indiquée dans l’autorisation d’exportation, les autorités compétentes indiqueront la quantité effectivement exportée sur l’autorisation d’exportation et sur toute copie officielle de celle-ci.

8. Les exportations sous forme d’envois adressés à une banque au compte d’une personne différente de celle dont le nom figure sur l’autorisation d’exportation ou à une boîte postale seront interdites.

9. Les exportations sous forme d’envois adressés à un entrepôt de douane seront interdites, sauf si le gouvernement du pays importateur précise sur le certificat d’importation produit par la personne ou l’établissement qui demande l’autorisation d’exportation qu’il a approuvé l’importation de l’envoi afin que celui-ci soit déposé dans un entrepôt de douane. En pareil cas, l’autorisation d’exportation précisera que l’envoi est effectué à cette fin. Tout retrait de l’entrepôt de douane sera subordonné à la présentation d’un permis émanant des autorités dont relève l’entrepôt, et, dans le cas d’un envoi à destination de l’étranger, il sera assimilé à une exportation nouvelle au sens de la présente Convention.

10. Les envois de stupéfiants entrant dans le territoire d’une Partie ou en sortant sans être accompagnés d’une autorisation d’exportation seront retenus par les autorités compétentes.

11. Une partie n’autorisera pas le passage en transit sur son territoire, en direction d’un autre pays, d’un envoi quelconque de stupéfiants, que cet envoi soit ou non déchargé du véhicule qui le transporte, sauf si la copie de l’autorisation d’exportation pour cet envoi est présentée aux autorités compétentes de ladite Partie.

12. Les autorités compétentes d’un pays ou territoire quelconque à travers lequel le passage d’un envoi de stupéfiants est autorisé prendront toutes les mesures nécessaires pour empêcher le déroutement dudit envoi vers une destination autre que celle qui figure sur la copie de l’autorisation d’exportation jointe à l’envoi, à moins que le gouvernement du pays ou territoire à travers lequel ledit envoi s’effectue n’autorise ce déroutement. Le gouvernement de ce pays ou territoire traitera toute demande de déroutement comme s’il s’agissait d’une exportation du pays ou territoire de transit vers le pays ou territoire de la nouvelle destination. Si le déroutement est autorisé, les dispositions des alinéas a et b du paragraphe 7 s’appliqueront également entre le pays ou territoire de transit et le pays ou territoire d’où l’envoi a primitivement été exporté.

13. Aucun envoi de stupéfiants en transit ou déposé dans un entrepôt de douane ne peut être soumis à un traitement quelconque qui modifierait la nature de ces stupéfiants. L’emballage ne peut être modifié sans l’autorisation des autorités compétentes.


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14. Les dispositions des paragraphes 11 à 13 relatives au transit des stupéfiants sur le territoire d’une Partie ne sont pas applicables si cet envoi est transporté par la voie aérienne à condition que l’aéronef n’atterrisse pas dans le pays ou le territoire de transit. Si l’aéronef fait un atterrissage dans ce pays ou territoire, ces dispositions s’appliqueront dans la mesure où les circonstances l’exigent.

15. Les dispositions du présent article ne portent pas préjudice à celles de tout accord international qui limite le contrôle pouvant être exercé par toute partie sur les stupéfiants en transit.

16. Aucune des dispositions de cet article, à part les paragraphes 1, a et 2, ne s’appliquera nécessairement aux préparations du Tableau III.

Article 32

Dispositions spéciales concernant le transport des stupéfiants dans les trousses de premiers secours des navires ou aéronefs effectuant des parcours internationaux

1. Le transport international par navires ou aéronefs de quantités limitées de stupéfiants susceptibles d’être nécessaires pendant le voyage pour l’administration des premiers secours et pour les cas d’urgence ne sera pas considéré comme une importation ou une exportation au sens de la présente Convention.

2. Des précautions appropriées seront prises par le pays d’immatriculation pour empêcher l’usage indu des stupéfiants mentionnés au paragraphe 1 ou leur détournement à des fins illicites. La Commission recommandera ces précautions en consultation avec les organisations internationales compétentes.

3. Les stupéfiants transportés par navires ou aéronefs conformément aux dispositions du paragraphe 1 seront soumis aux lois, règlements, permis et licences du pays d’immatriculation sans préjudice du droit des autorités locales compétentes de procéder à des vérifications, inspections et autres opérations de contrôle à bord des navires ou aéronefs. L’administration de ces stupéfiants en cas d’urgence ne sera pas considérée comme contrevenant aux dispositions de l’article 30, paragraphe 2, b.

Article 33

Détention de stupéfiants

Les Parties ne permettront pas la détention de stupéfiants sans autorisation légale.

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Article 34

Mesures de surveillance et d’inspection

Les Parties exigeront :

(a) Que toutes les personnes à qui des licences sont délivrées en application de la présente Convention ou qui occupent des postes de direction ou de surveillance dans une entreprise d’Etat établie conformément à la présente Convention réunissent les qualités nécessaires pour appliquer effectivement et fidèlement les dispositions des lois et règlements édictés en exécution de la présente Convention ; et

(b) Que les autorités administratives, les fabricants, les commerçants, les hommes de science, les établissements scientifiques et les hôpitaux tiennent des registres où seront consignées les quantités de chaque stupéfiant fabriqué et chaque opération portant sur l’acquisition et l’aliénation de stupéfiants. Ces registres seront conservés pendant une période qui ne sera pas inférieure à deux ans. Dans les cas où des carnets à souches (article 30, paragraphe 2, alinéa b) d’ordonnances médicales sont utilisés, ces carnets à souches, y compris les souches, seront également conservés pendant une période qui ne sera pas inférieure à deux ans.

Article 35

Lutte contre le trafic illicite

Compte dûment tenu de leurs régimes constitutionnel, juridique et administratif, les Parties :

(a) Assureront sur le plan national une coordination de l’action préventive et répressive contre le trafic illicite ; à cette fin, elles pourront utilement désigner un service approprié chargé de cette coordination ;

(b) S’assisteront mutuellement dans la lutte contre le trafic illicite ;

(c) Coopéreront étroitement entre elles et avec les organisations internationales compétentes dont elles sont membres afin de mener une lutte coordonnée contre le trafic illicite ;

(d) Veilleront à ce que la coopération internationale des services appropriés soit effectuée par des voies rapides ;

(e) S’assureront que, lorsque des pièces de justice sont transmises entre des pays pour la poursuite d’une action judiciaire, la transmission soit effectuée par des voies rapides à l’adresse des instances désignées par les Parties ; cette disposition ne porte pas atteinte au


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droit des Parties de demander que les pièces de justice leur soient envoyées par la voie diplomatique ;

(f) Fourniront à l’Organe et à la Commission, si elles le jugent approprié, par l’intermédiaire du Secrétaire général, outre les renseignements requis en vertu de l’article 18, des renseignements ayant trait aux activités illicites constatées à l’intérieur de leurs frontières et relatives notamment à la culture, à la production, à la fabrication, à l’usage, et au trafic illicites des stupéfiants ; et

(g) Fourniront les renseignements visés au paragraphe précédent, dans toute la mesure possible de la manière et aux dates que l’Organe fixera ; de son côté, à la demande d’une Partie, l’Organe pourra l’aider à fournir ces renseignements et soutenir ses efforts en vue de réduire les activités illicites en matière de stupéfiants à l’intérieur des frontières de celle-ci.

Article 36

Dispositions pénales

1. (a) Sous réserve de ses dispositions constitutionnelles, chaque Partie adoptera les mesures nécessaires pour que la culture et la production, la fabrication, l’extraction, la préparation, la détention, l’offre, la mise en vente, la distribution, l’achat, la vente, la livraison, à quelque titre que ce soit, le courtage, l’envoi, l’expédition en transit, le transport, l’importation et l’exportation de stupéfiants non conformes aux dispositions de la présente Convention, ou tout autre acte qui, de l’avis de ladite Partie, serait contraire aux dispositions de la présente Convention, constituent des infractions punissables lorsqu’elles sont commises intentionnellement et pour que les infractions graves soient passibles d’un châtiment adéquat, notamment de peines de prison ou d’autres peines privatives de liberté.

(b) Nonobstant les dispositions énoncées à l’alinéa précédent, lorsque des personnes utilisant de façon abusive des stupéfiants auront commis ces infractions, les Parties pourront, au lieu de les condamner ou de prononcer une sanction pénale à leur encontre, ou comme complément de la condamnation ou de la sanction pénale, soumettre ces personnes à des mesures de traitement, d’éducation, de post-cure, de réadaptation et de réintégration sociale conformément aux dispositions du paragraphe 1 de l’article 38.

2. Sous réserve des dispositions constitutionnelles de chaque Partie, de son système juridique et de sa législation nationale,

(a) (i) Chacune des infractions énumérées au paragraphe 1 sera considérée comme une infraction distincte, si elles sont commises dans des pays différents ;

(i) La participation intentionnelle à l’une quelconque desdites infractions, l’association ou l’entente en vue de la commettre ou la tentative de la commettre, ainsi que les actes préparatoires et les opérations financières

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intentionnellement accomplis, relatifs aux infractions dont il est question dans cet article, constitueront des infractions passibles des peines prévues au paragraphe 1 ;

(ii) Les condamnations prononcées à l’étranger pour ces infractions seront prises en considération aux fins d’établissement de la récidive ; et

(iii) Les infractions graves précitées, qu’elles soient commises par des nationaux ou des étrangers, seront poursuivies par la Partie sur le territoire de laquelle l’infraction a été commise, ou par la Partie sur le territoire de laquelle le délinquant se trouvera si son extradition n’est pas acceptable conformément à la législation de la Partie à laquelle la demande est adressée, et si ledit délinquant n’a pas été déjà poursuivi et jugé.

(b) i) Chacune des infractions énumérées aux paragraphes 1 et 2, a, ii, du présent article est de plein droit comprise comme cas d’extradition dans tout traité d’extradition conclu entre les Parties. Les Parties s’engagent à comprendre ces infractions comme cas d’extradition dans tout traité d’extradition à conclure entre elles.

(i) Si une Partie qui subordonne l’extradition à l’existence d’un traité est saisie d’une demande d’extradition par une autre Partie avec laquelle elle n’est pas liée par un traité d’extradition, elle a la latitude de considérer la présente Convention comme constituant la base juridique de l’extradition en ce qui concerne les infractions énumérées aux paragraphes 1 et 2, a, ii, du présent article. L’extradition est subordonnée aux autres conditions prévues par le droit de la Partie requise.

(ii) Les Parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent les infractions énumérées aux paragraphes 1 et 2, a, ii, du présent article comme cas d’extradition entre elles dans les conditions prévues par le droit de la Partie requise.

(iii) L’extradition sera accordée conformément à la législation de la Partie à qui la demande d’extradition est adressée et, sans préjudice des dispositions des alinéas b, i, ii et iii, du présent paragraphe, ladite Partie aura le droit de refuser d’accorder l’extradition si les autorités compétentes considèrent que l’infraction n’est pas suffisamment grave.

3. Aucune disposition du présent article ne portera atteinte aux dispositions du droit pénal d’une Partie en matière de juridiction.

4. Les dispositions du présent article seront limitées en matière de compétence par la législation pénale de chacune des Parties.


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Article 37

Saisie et confiscation

Tous stupéfiants, toutes substances et tout matériel utilisés pour commettre l’une quelconque des infractions visées à l’article 36 ou destinés à commettre une telle infraction, pourront être saisis et confisqués.

Article 38

Mesures contre l’abus des stupéfiants

1. Les Parties envisageront avec une attention particulière l’abus des stupéfiants et prendront toutes les mesures possibles pour le prévenir et pour assurer le prompt dépistage, le traitement, l’éducation, la postcure, la réadaptation et la réintégration sociale des personnes intéressées ; elles coordonneront leurs efforts à ces fins.

2. Les Parties favoriseront, autant que possible, la formation d’un personnel pour assurer le traitement, la postcure, la réadaptation et la réintégration sociale des personnes qui abusent de stupéfiants.

3. Les Parties prendront toutes les mesures possibles pour aider les personnes qui en ont besoin dans l’exercice de leur profession à acquérir la connaissance des problèmes posés par l’abus des stupéfiants et par sa prévention, et elles développeront aussi cette connaissance dans le grand public s’il y a lieu de craindre que l’abus de ces stupéfiants ne se répande très largement.

Article 38 bis

Accords prévoyant la création de centres régionaux

Si une Partie l’estime souhaitable, dans la lutte qu’elle mène contre le trafic illicite des stupéfiants, et compte tenu de son régime constitutionnel, juridique et administratif, elle s’efforcera, en sollicitant si elle le désire les avis techniques de l’Organe ou des institutions spécialisées, de faire établir, en consultation avec les autres Parties intéressées de la région, des accords prévoyant la création de centres régionaux de recherche scientifique et d’éducation en vue de résoudre les problèmes découlant de l’usage et du trafic illicite des stupéfiants.

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Article 39

Application de mesures nationales de contrôle plus sévères que celles qu’exige la présente Convention

Nonobstant toute disposition de la présente Convention, aucune Partie ne sera, ou ne sera censée être, empêchée d’adopter des mesures de contrôle plus strictes ou plus sévères que celles qui sont prévues par la présente Convention, et notamment d’exiger que les préparations du Tableau III ou les stupéfiants du Tableau II soient soumis aux mesures de contrôle applicables aux stupéfiants du Tableau I, ou à certaines d’entre elles, si elle le juge nécessaire ou opportun pour la protection de la santé publique.

Article 4010

Langues de la Convention et procédure de signature, de ratification et d’adhésion

1. La présente Convention, dont les textes anglais, chinois, espagnol, français et russe font également foi, sera ouverte jusqu’au 1er août 1961 à la signature de tous les Etats Membres de l’Organisation des Nations Unies, de tous les Etats non membres qui sont parties au Statut de la Cour internationale de Justice ou membres d’une institution spécialisée des Nations Unies et également de tout autre Etat que le Conseil peut inviter à devenir Partie.

2. La présente Convention est soumise à ratification. Les instruments de ratification seront déposés auprès du Secrétaire général.

3. La présente Convention sera ouverte à l’adhésion des Etats visés au paragraphe 1 après le 1er août 1961. Les instruments d’adhésion seront déposés auprès du Secrétaire général.

Article 4111

Entrée en vigueur

1. La présente Convention entrera en vigueur à l’expiration du trentième jour qui suivra la date du dépôt du quarantième instrument de ratification ou d’adhésion, conformément à l’article 40. __________________ 10 Note du secrétariat - Les deux paragraphes suivants sont extraits de la Note liminaire du texte de la Convention

unique sur les stupéfiants de 1961 telle que modifiée par le Protocole portant amendement de la Convention unique sur les stupéfiants de 1961, établi par le Secrétaire général le 8 août 1975, conformément à l’article 22 du Protocole du 25 mars 1972 :

"Le Protocole portant amendement de la Convention unique sur les stupéfiants de 1961 (ci-après dénommé Protocole de 1972) est entré en vigueur le 8 août 1975, conformément au paragraphe 1 de l’article 18 dudit Protocole. Pour tout Etat déjà Partie à la Convention unique et qui, après la date du dépôt du quarantième instrument de ratification ou d’adhésion, dépose auprès du Secrétaire général un instrument de ratification ou d’adhésion au Protocole de 1972, celui-ci entrera en vigueur le trentième jour qui suivra le dépôt par cet Etat de son instrument (voir articles 17 et 18 du Protocole de 1972).

"Tout Etat qui devient Partie à la Convention unique après l’entrée en vigueur du Protocole de 1972 est, faute d’avoir exprimé une intention différente, considéré comme étant : a) Partie à la Convention unique telle qu’elle est amendée ; et b) Partie à la Convention unique non amendée au regard de toute Partie à cette Convention qui n’est pas liée par le Protocole de 1972 (voir article 19 du Protocole de 1972)."

11 Voir note 3 ci-dessus.


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2. Pour tout autre Etat déposant un instrument de ratification ou d’adhésion après la date de dépôt dudit quarantième instrument, la présente Convention entrera en vigueur à l’expiration du trentième jour qui suivra le dépôt par cet Etat de son instrument de ratification ou d’adhésion.

Article 42

Application territoriale

La présente Convention s’appliquera à tous les territoires non métropolitains qu’une Partie représente sur le plan international, sauf si le consentement préalable d’un tel territoire est nécessaire en vertu soit de la constitution de la Partie ou du territoire intéressé, soit de la coutume. En ce cas, la Partie s’efforcera d’obtenir dans le plus bref délai le consentement du territoire qui est nécessaire et, lorsque ce consentement aura été obtenu, elle le notifiera au Secrétaire général. La présente Convention s’appliquera au territoire ou territoires désignés par la notification, dès la date de la réception de cette dernière par le Secrétaire général. Dans les cas ou le consentement préalable du territoire non métropolitain n’est pas nécessaire, la Partie intéressée déclarera, au moment de la signature, de la ratification ou de l’adhésion à quel territoire ou territoires non métropolitains s’applique la présente Convention.

Article 43

Territoires aux fins des articles 19, 20, 21 et 31

1. Toute Partie peut notifier au Secrétaire général qu’aux fins des articles 19, 20, 21 et 31 l’un de ses territoires est divisé en deux ou plusieurs territoires ou que deux ou plusieurs de ses territoires sont groupés en un seul.

2. Deux ou plusieurs Parties peuvent notifier au Secrétaire général qu’à la suite de l’institution d’une union douanière entre elles, ces Parties constituent un seul territoire aux fins des articles 19, 20, 21 et 31.

3. Toute notification faite en vertu du paragraphe 1 ou 2 ci-dessus prendra effet au 1er janvier de l’année qui suivra celle où ladite notification est faite.

Article 44

Abrogation des traités internationaux antérieurs

1. Dès l’entrée en vigueur de la présente Convention, ses dispositions abrogeront et remplaceront, entre les Parties, les dispositions des traités ci-après :

(i) Convention internationale de l’opium, signée à La Haye, le 23 janvier 1912 ;

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(ii) Accord concernant la fabrication, le commerce intérieur et l’usage de l’opium préparé, signé à Genève, le 11 février 1925 ;

(iii) Convention internationale de l’opium, signée à Genève, le 19 février 1925 ;

(iv) Convention pour limiter la fabrication et réglementer la distribution des stupéfiants, signée à Genève, le 13 juillet 1931 ;

(v) Accord pour le Contrôle de la consommation de l’opium a fumer en Extrême-Orient, signe a Bangkok, le 27 novembre 1931 ;

(vi) Protocole signé à Lake Success, le 11 décembre 1946, amendant les Accords, Conventions et Protocoles sur les stupéfiants conclus à La Haye, le 23 janvier 1912, à Genève, le 11 février 1925, le 19 février 1925 et le 13 juillet 1931, à Bangkok, le 27 novembre 1931, et à Genève, le 26 juin 1936, sauf en ce qui concerne ses effets sur la dernière de ces Conventions ;

(vii) Les Conventions et Accords visés aux alinéas a à e, tels qu’ils ont été amendés par le Protocole de 1946 visé à l’alinéa f ;

(viii) Protocole signé à Paris, le 19 novembre 1948, plaçant sous contrôle international certaines drogues non visées par la Convention du 13 juillet 1931 pour limiter la fabrication et réglementer la distribution des stupéfiants, amendé par le Protocole signé à Lake Success, le 11 décembre 1946 ;

(ix) Protocole visant à limiter et à réglementer la culture du pavot, ainsi que la production, le commerce international, le commerce de gros et l’emploi de l’opium, signé à New York, le 23 juin 1953, si ce Protocole entre en vigueur.

2. Dès l’entrée en vigueur de la présente Convention, l’article 9 de la Convention pour la répression du trafic illicite des drogues nuisibles, signée à Genève, le 26 juin 1936, sera, entre les Parties à ladite Convention, qui sont aussi Parties à la présente Convention, abrogé et remplacé par alinéa b du paragraphe 2 de l’article 36 de la présente Convention ; toutefois, une telle Partie pourra, après en avoir informé le Secrétaire général, maintenir en vigueur ledit article 9.


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Article 4512

Dispositions transitoires

1. Les fonctions de l’Organe dont la création est prévue à l’article 9 seront, à partir de la date d’entrée en vigueur de la présente Convention (article 41, paragraphe 1) exercées provisoirement, selon leur nature, par le Comité central permanent créé en exécution des dispositions du chapitre VI de la Convention mentionnée à l’alinéa c de l’article 44, telle qu’elle a été amendée, et par l’Organe de contrôle, créé en exécution des dispositions du chapitre II de la Convention mentionnée à l’alinéa d de l’article 44, telle qu’elle a été amendée.

2. Le Conseil fixera la date à laquelle le nouvel Organe mentionné à l’article 9 entrera en fonctions. A cette date, ledit Organe assumera les fonctions du Comité central permanent et celles de l’Organe de contrôle mentionnés au paragraphe 1, à l’égard des Etats qui sont Parties aux traités énumérés à l’article 44 et qui ne sont pas Parties à la présente Convention.

Article 46

Dénonciation

1. A l’expiration d’un délai de deux ans à compter de la date de l’entrée en vigueur de la présente Convention (article 41, paragraphe 1), toute Partie pourra, en son nom ou au nom d’un territoire qu’elle représente sur le plan international et qui a retiré le consentement donné en vertu de l’article 42, dénoncer la présente Convention en déposant un instrument à cet effet auprès du Secrétaire général.

2. Si le Secrétaire général reçoit la dénonciation avant le 1er juillet ou à cette date, elle prendra effet le 1er janvier de l’année suivante ; si la dénonciation est reçue après le 1er

__________________ 12 Voir ci-dessous le texte de l’article 20 du Protocole de 1972 :

"Article 20

"Dispositions transitoires

"1. Les fonctions de l’Organe international de contrôle des stupéfiants prévues par les amendements contenus dans le présent Protocole seront, à compter de la date d’entrée en vigueur du présent Protocole (paragraphe 1, article 18) exercées par l’Organe tel qu’il est constitué par la Convention unique non amendée.

"2. Le Conseil économique et social fixera la date à laquelle l’Organe tel qu’il sera constitué en vertu des amendements contenus dans le présent Protocole entrera en fonctions. A cette date, l’Organe ainsi constitué assumera, à l’égard des Parties à la Convention unique non amendée et des Parties aux traités énumérés à l’article 44 de ladite Convention qui ne sont pas Partie au présent Protocole, les fonctions de l’Organe tel qu’il est constitué en vertu de la Convention unique non amendée. "

3. En ce qui concerne les membres nommés aux premières élections qui suivront l’augmentation du nombre des membres de l’Organe, qui passera de 11 à 13, les fonctions de cinq membres prendront fin au bout de trois ans, et celles des sept autres membres prendront fin à l’expiration des cinq ans.

"4. Les membres de l’Organe dont les fonctions prendront fin au terme de la période initiale de trois ans mentionnée ci-dessus seront désignés par tirage au sort effectué par le Secrétaire général immédiatement après qu’il aura été procédé à la première élection."

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juillet, elle prendra effet comme si elle avait été reçue l’année suivante avant le 1er juillet ou à cette date.

3. La présente Convention viendra à expiration si, par suite de dénonciations notifiées conformément aux dispositions du paragraphe l, les conditions de son entrée en vigueur prévues au paragraphe 1 de l’article 41 cessent d’être remplies.

Article 47

Amendements

1. Toute Partie pourra proposer un amendement à la présente Convention. Le texte dudit amendement et les raisons qui l’ont motivé seront communiqués au Secrétaire général qui les communiquera aux Parties et au Conseil. Le Conseil pourra décider soit :

(a) De convoquer une conférence, conformément au paragraphe 4 de l’article 62 de la Charte des Nations Unies, en vue d’étudier l’amendement proposé ; soit

(b) De demander aux Parties si elles acceptent l’amendement proposé et aussi de les prier de présenter éventuellement au Conseil leurs observations sur cette proposition.

2. Si un projet d’amendement distribué conformément au paragraphe 1, b, du présent article n’a été rejeté par aucune Partie dans les dix-huit mois qui suivent sa communication, il entrera immédiatement en vigueur. Si toutefois il est rejeté par une Partie, le Conseil pourra décider, compte tenu des observations des Parties, s’il convient de convoquer une conférence chargée d’étudier ledit amendement.

Article 48

Différends

1. S’il s’élève entre deux ou plusieurs Parties un différend concernant l’interprétation ou l’application de la présente Convention, lesdites Parties se consulteront en vue de régler ce différend par voie de négociation, d’enquête, de médiation, de conciliation, d’arbitrage, de recours à des organismes régionaux, par voie judiciaire ou par d’autres moyens pacifiques de leur choix.

2. Tout différend de ce genre qui n’aura pas été réglé par les moyens prévus au paragraphe 1 sera soumis à la Cour internationale de Justice.


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Article 49

Réserves transitoires

1. Une Partie peut, au moment de la signature, de la ratification ou de l’adhésion, se réserver le droit d’autoriser temporairement dans l’un de ses territoires :

(a) L’usage de l’opium à des fins quasi médicales ;

(b) L’usage de l’opium à fumer ;

(c) La mastication de la feuille de coca ;

(d) L’usage du cannabis, de la résine de cannabis, d’extraits et teintures de cannabis à des fins non médicales ; et

(e) La production, la fabrication et le commerce des stupéfiants visés aux alinéas a à d aux fins mentionnées dans lesdits alinéas.

2. Les réserves faites en vertu du paragraphe 1 seront soumises aux restrictions suivantes :

(a) Les activités mentionnées au paragraphe 1 ne pourront être autorisées que dans la mesure où elles étaient traditionnellement dans les territoires pour lesquels la réserve est faite et y étaient autorisées au 1er janvier 1961 ;

(b) Aucune exportation des stupéfiants visés au paragraphe 1 aux fins mentionnées dans ledit paragraphe ne pourra être autorisée à destination d’un Etat non partie ou d’un territoire auquel la présente Convention ne s’applique pas aux termes de l’article 42 ;

(c) Seules pourront être autorisées à fumer l’opium les personnes immatriculées à cet effet avant le 1er janvier 1964 par les autorités compétentes ;

(d) L’usage de l’opium à des fins quasi médicales devra être aboli dans un délai de quinze ans à compter de l’entrée en vigueur de la présente Convention, comme prévu au paragraphe 1 de l’article 41 ;

(e) La mastication de la feuille de coca devra être abolie dans un délai de vingt-cinq ans à compter de l’entrée en vigueur de la présente Convention, comme prévu au paragraphe 1 de l’article 41 ;

(f) L’usage du cannabis à des fins autres que médicales et scientifiques devra cesser aussitôt que possible mais en tout cas dans un délai de vingt-cinq ans à compter de l’entrée en vigueur de la présente Convention, comme prévu au paragraphe 1 de l’article 41 ;

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(g) La production, la fabrication et le commerce des stupéfiants visés au paragraphe 1 pour les usages mentionnés audit paragraphe devront être réduits et finalement supprimés en même temps que ces usages.

3. Toute Partie faisant une réserve en vertu du paragraphe 1 devra :

(a) Inclure dans le rapport annuel qu’elle adressera au Secrétaire général, conformément à l’alinéa a du paragraphe 1 de l’article 18, un exposé des progrès accomplis au cours de l’année précédente en vue de rendre effective l’abolition de l’usage, de la production, de la fabrication ou du commerce visée au paragraphe 1 ; et

(b) Fournir à l’Organe des évaluations (article 19) et des statistiques (article 20) séparées pour les activités au sujet desquelles une réserve aura été faite, de la manière et sous la forme prescrites par l’Organe.

4. (a) Si une Partie qui fait une réserve en vertu du paragraphe 1 ne fournit pas :

(i) Le rapport mentionné à l’alinéa a du paragraphe 3 dans les six mois suivant la fin de l’année à laquelle ont trait les renseignements qu’il contient ;

(ii) Les évaluations mentionnées à l’alinéa b du paragraphe 3 dans les trois mois suivant la date fixée à cet égard par l’Organe conformément au paragraphe 1 de l’article 12 ;

(iii) Les statistiques mentionnées à l’alinéa b du paragraphe 3 dans les trois mois suivant la date où elles doivent être fournies conformément au paragraphe 2 de l’article 20 ;

l’Organe ou le Secrétaire général, selon le cas, adressera à la Partie en cause une notification indiquant son retard et lui demandera de fournir ces renseignements dans un délai de trois mois à compter de la réception de cette notification.

(b) Si une Partie ne se conforme pas, dans le délai indiqué ci-dessus, à la demande de l’Organe ou du Secrétaire général, la réserve en question faite en vertu du paragraphe 1 cessera d’avoir effet.

5. L’Etat qui aura fait des réserves pourra à tout moment et par voie de notification écrite retirer tout ou partie de ses réserves.


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Article 5013

Autres réserves

1. Aucune réserve n’est autorisée en dehors des réserves faites conformément à l’article 49 ou aux paragraphes suivants.

2. Tout Etat peut, au moment de la signature, de la ratification ou de l’adhésion, faire des réserves sur les dispositions suivantes de la présente Convention : paragraphes 2 et 3 de l’article 12 ; paragraphe 2 de l’article 13 ; paragraphes 1 et 2 de l’article 14 ; alinéa b du paragraphe 1 de l’article 31 ; et article 48.

3. Tout Etat qui désire devenir Partie à la Convention mais qui veut être autorisé à faire des réserves autres que celles qui sont énumérées au paragraphe 2 du présent article ou à l’article 49 peut aviser le Secrétaire général de cette intention. A moins qu’à l’expiration de douze mois après la date de la communication de la réserve en question par le Secrétaire général, un tiers des Etats qui ont ratifié la Convention ou y ont adhéré avant la fin de ladite période n’aient élevé des objections contre elle, elle sera considérée comme autorisée, étant entendu toutefois que les Etats qui auront élevé des objections contre cette réserve n’auront pas à assumer à l’égard de l’Etat qui l’a formulée d’obligation juridique découlant de la présente Convention, sur laquelle porte la réserve.

4. L’Etat qui aura fait des réserves pourra à tout moment et par voie de notification écrite retirer tout ou partie de ses réserves.

Article 51

Notifications

Le Secrétaire général notifiera à tous les Etats mentionnés au paragraphe 1 de l’article 40 :

__________________ 13 Voir ci-dessous le texte de l’article 21 du Protocole de 1972 :

"Article 21

"Réserves

"1. Tout Etat peut, au moment où il signe le présent Protocole, le ratifie ou y adhère, faire une réserve sur tout amendement qu’il contient autre que les amendements à l’article 2, paragraphes 6 et 7 (article 1 du présent Protocole), à l’article 9, paragraphes 1, 4 et 5 (article 2 du présent Protocole), à l’article 10, paragraphes 1 et 4 (article 3 du présent Protocole), à l’article 11 (article 4 du présent Protocole), à l’article 14 bis (article 7 du présent Protocole), à l’article 16 (article 8 du présent Protocole), à l’article 22 (article 12 du présent Protocole), à l’article 35 (article 13 du présent Protocole), à l’article 36, paragraphe 1, alinéa b (article 14 du présent Protocole), à l’article 38 (article 15 du présent Protocole) et à l’article 38 bis (article 16 du présent Protocole)*.

"2. L’Etat qui aura fait des réserves pourra à tout moment et par voie de notification écrite retirer tout ou partie de ses réserves"

* Note du secrétariat. - La note explicative qui suit est extraite de la copie certifiée conforme de la Convention unique sur les stupéfiants de 1961 telle que modifiée par le Protocole portant amendement de la Convention unique sur les stupéfiants de 1961, établie par le Secrétaire général le 8 août 1975 : "Il est à noter qu’un Etat désirant faire une réserve à l'un ou plusieurs des amendements conformément à l’article 21 ci-dessus du Protocole de 1972 doit d’abord devenir Partie à la Convention unique non amendée (s’il ne l’est pas encore), puis ratifier le Protocole de 1972 ou y adhérer en faisant la réserve désirée."

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(a) Les signatures, ratifications ou adhésions conformément à l’article 40 ;

(b) La date à laquelle la présente Convention entrera en vigueur conformément à l’article 41 ;

(c) Les dénonciations conformément à l’article 46 ; et

(d) Les déclarations et notifications conformément aux articles 42, 43, 47, 49 et 50.


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2. Convention sur les substances psychotropes, 1971

Signée à Vienne, le 21 février 1971 Entrée en vigueur : le 16 août 1976, conformément à l’article 26(1) Dépositaire : Secrétaire général des Nations Unies

PREAMBULE

Les Parties,

Soucieuses de la santé physique et morale de l’humanité,

Préoccupées par le problème de santé publique et le problème social qui résultent de l’abus de certaines substances psychotropes,

Déterminées à prévenir et à combattre l’abus de ces substances et le trafic illicite auquel il donne lieu,

Considérant qu’il est nécessaire de prendre des mesures rigoureuses pour limiter l’usage de ces substances à des fins légitimes,

Reconnaissant que l’utilisation des substances psychotropes à des fins médicales et scientifiques est indispensable et que la possibilité de se procurer des substances à ces fins ne devrait faire l’objet d’aucune restriction injustifiée,

Croyant que pour être efficaces les mesures prises contre l’abus de ces substances doivent être coordonnées et universelles,

Reconnaissant la compétence de l’Organisation des Nations Unies en matière de contrôle des substances psychotropes et désirant que les organes internationaux intéressés exercent leur activité dans le cadre de cette organisation,

Convaincues qu’une convention internationale est nécessaire pour réaliser ces fins,

Conviennent de ce qui suit :

Article premier

Glossaire

Sauf indication expresse en sens contraire, ou sauf si le contexte exige qu’il en soit autrement, les expressions suivantes ont dans la présente Convention les significations indiquées ci-dessous :

(a) L’expression "Conseil" désigne le Conseil économique et social des Nations Unies.

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(b) L’expression "Commission" désigne la Commission des stupéfiants du Conseil.

(c) L’expression "Organe" désigne l’Organe international de contrôle des stupéfiants institué en vertu de la Convention unique sur les stupéfiants de 1961,

(d) L’expression "Secrétaire général" désigne le Secrétaire général de l’Organisation des Nations Unies.

(e) L’expression "substance psychotrope" désigne toute substance, qu’elle soit d’origine naturelle ou synthétique, ou tout produit naturel du Tableau I, II, III ou IV.

(f) L’expression "préparation" désigne :

(i) Une solution ou un mélange, quel que soit son état physique, contenant une ou plusieurs substances psychotropes, ou

(ii) Une ou plusieurs substances psychotropes divisées en unités de prise.

(g) Les expressions "Tableau I", "Tableau II", "Tableau III" et "Tableau IV" désignent les listes de substances psychotropes portant les numéros correspondants, annexées à la présente Convention, qui pourront être modifiées, conformément à l’article 2.

(h) Les expressions "exportation" et "importation" désignent, chacune dans son acception particulière, le transfert matériel d’une substance psychotrope d’un Etat dans un autre Etat.

(i) L’expression "fabrication" désigne toutes les opérations permettant d’obtenir des substances psychotropes, et comprend la purification et la transformation de substances psychotropes en d’autres substances psychotropes. Cette expression comprend aussi la fabrication de préparations autres que celles qui sont faites, sur ordonnance, dans une pharmacie.

(j) L’expression "trafic illicite" désigne la fabrication ou le trafic de substances psychotropes, effectués contrairement aux dispositions de la présente Convention.

(k) L’expression "région" désigne toute partie d’un Etat qui, en vertu de l’article 28, est traitée comme une entité distincte aux fins de la présente Convention.

(l) L’expression "locaux" désigne les bâtiments, les parties de bâtiments ainsi que le terrain affecté auxdits bâtiments ou aux parties desdits bâtiments.


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Article 2

Champ d’application du contrôle des substances

1. Si une Partie ou l’Organisation mondiale de la santé est en possession de renseignements se rapportant à une substance non encore soumise au contrôle international qui, à son avis, peuvent rendre nécessaire son adjonction à l’un des Tableaux de la présente Convention, elle adressera au Secrétaire général une notification accompagnée de tous les renseignements pertinents à l’appui. Cette procédure sera de même appliquée lorsqu’une Partie ou l’Organisation mondiale de la santé sera en possession de renseignements qui justifient le transfert d’une substance d’un Tableau à un autre, ou la suppression de son inscription à l’un des Tableaux.

2. Le Secrétaire général communiquera cette notification, ainsi que les renseignements qu’il jugera pertinents, aux Parties, à la Commission et, si la notification a été faite par une Partie, à l’Organisation mondiale de la santé.

3. S’il résulte des renseignements accompagnant cette notification que ladite substance est susceptible d’être inscrite au Tableau I ou au Tableau II en vertu du paragraphe 4, les Parties examineront, à la lumière de tous les renseignements dont elles disposeront, la possibilité d’appliquer à titre provisoire à cette substance toutes les mesures de contrôle applicables aux substances du Tableau I ou du Tableau II, selon le cas.

4. Si l’Organisation mondiale de la santé constate :

(a) Que ladite substance peut provoquer

(i) 1) Un état de dépendance, et

2) Une stimulation ou une dépression du système nerveux central donnant lieu à des hallucinations ou à des troubles de la fonction motrice ou du jugement ou du comportement ou de la perception ou de l’humeur, ou

(ii) Des abus et des effets nocifs comparables à ceux d’une substance du Tableau I, II, III ou IV, et

(b) Qu’il existe des raisons suffisantes de croire que la substance donne ou risque de donner lieu à des abus tels qu’elle constitue un problème de santé publique et un problème social justifiant qu’elle soit placée sous contrôle international, elle communiquera à la Commission une évaluation de cette substance, où elle indiquera notamment la mesure dans laquelle la substance donne ou risque de donner lieu à des abus, le degré de gravité du problème de santé publique et du problème social et le degré d’utilité de la substance en thérapeutique, ainsi que des recommandations sur les mesures éventuelles de contrôle auxquelles il serait opportun de l’assujettir à la lumière de cette évaluation.

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5. Tenant compte de la communication de l’Organisation mondiale de la santé, dont les évaluations seront déterminantes en matière médicale et scientifique, et prenant en considération les facteurs d’ordre économique, social, juridique, administratif et tous autres facteurs qu’elle pourra juger pertinents, la Commission pourra ajouter ladite substance au Tableau I, II, III ou IV. Elle pourra demander des renseignements complémentaires à l’Organisation mondiale de la santé ou à d’autres sources appropriées

6. Si une notification faite en vertu du paragraphe 1 a trait à une substance déjà inscrite à l’un des Tableaux, l’Organisation mondiale de la santé transmettra à la Commission ses nouvelles constatations ainsi que toute nouvelle évaluation de cette substance qu’elle pourra faire conformément aux dispositions du paragraphe 4 et toutes nouvelles recommandations portant sur des mesures de contrôle qui pourront lui paraître appropriées à la lumière de ladite évaluation. La Commission, tenant compte de la communication reçue de l’Organisation mondiale de la santé conformément au paragraphe 5, ainsi que des facteurs énumérés dans ledit paragraphe, pourra décider de transférer cette substance d’un Tableau à un autre, ou de supprimer son inscription aux Tableaux.

7. Toute décision de la Commission prise en vertu du présent article sera communiquée par le Secrétaire général à tous les Etats Membres de l’Organisation des Nations Unies, aux Etats non membres Parties à la présente Convention, à l’Organisation mondiale de la santé et à l’Organe. Cette décision prendra pleinement effet pour chaque Partie 180 jours après la date de la communication, sauf pour une Partie qui, pendant cette période, et au sujet d’une décision ayant pour effet d’ajouter une substance à un Tableau, aura informé par écrit le Secrétaire général qu’en raison de circonstances exceptionnelles elle n’est pas en mesure de soumettre cette substance à toutes les dispositions de la Convention applicables aux substances de ce Tableau. Une telle notification exposera les motifs de cette décision exceptionnelle. Nonobstant cette notification, chaque Partie devra appliquer au minimum les mesures de contrôle énumérées ci-après.

(a) La Partie qui a notifié au Secrétaire général une telle décision au sujet d’une substance jusque-là non soumise au contrôle et ajoutée au Tableau I tiendra compte, autant que possible, des mesures de contrôle spéciales énumérées à l’article 7 et, en ce qui concerne cette substance, devra :

(iii) Exiger des licences pour sa fabrication, son commerce et sa distribution, conformément aux dispositions prévues par l’article 8 pour les substances du Tableau II ;

(iv) Exiger qu’elle ne soit fournie ou dispensée que sur ordonnance médicale, conformément aux dispositions prévues par l’article 9 pour les substances du Tableau II ;

(v) Se conformer aux obligations relatives à l’exportation et à l’importation énoncées à l’article 12, sauf à l’égard d’une autre Partie ayant adressé au Secrétaire général une notification au sujet de la substance en question ;


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(vi) Se conformer aux obligations énoncées pour les substances du Tableau II à l’article 13, portant interdiction ou restrictions à l’exportation et à l’importation ;

(vii) Fournir à l’Organe des rapports statistiques conformément aux dispositions de l’alinéa a du paragraphe 4 de l’article 16 ; et

(viii) Prendre des mesures conformes aux dispositions de l’article 22 en vue de réprimer tout acte contraire aux lois ou règlements adoptés en exécution des obligations ci-dessus.

(b) La Partie qui a notifié au Secrétaire général une telle décision au sujet d’une substance jusque-là non soumise au contrôle et ajoutée au Tableau II devra, en ce qui concerne cette substance :

(i) Exiger des licences pour sa fabrication, son commerce et sa distribution, conformément aux dispositions de l’article 8 ;

(ii) Exiger qu’elle ne soit fournie ou dispensée que sur ordonnance médicale, conformément aux dispositions de l’article 9 ;

(iii) Se conformer aux obligations relatives à l’exportation et à l’importation énoncées à l’article 12, sauf à l’égard d’une autre Partie ayant adressé au Secrétaire général une notification au sujet de la substance en question ;

(iv) Se conformer aux obligations énoncées à l’article 13, portant interdiction ou restrictions à l’exportation et à l’importation ;

(v) Fournir à l’Organe des rapports statistiques conformément aux dispositions des alinéas a, c et d du paragraphe 4 de l’article 16 ; et

(vi) Prendre des mesures conformes aux dispositions de l’article 22 en vue de réprimer tout acte contraire aux lois ou règlements adoptés en exécution des obligations ci-dessus.

(c) La Partie qui a notifié au Secrétaire général une telle décision au sujet d’une substance jusque-là non soumise au contrôle et ajoutée au Tableau III devra, en ce qui concerne cette substance :


(ii) Exiger qu’elle ne soit fournie ou dispensée que sur ordonnance médicale, conformément aux dispositions de l’article 9 ;

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(iii) Se conformer aux obligations relatives à l’exportation énoncées à l’article 12, sauf à l’égard d’une autre Partie ayant adressé au Secrétaire général une notification au sujet de la substance en question ;

(iv) Se conformer aux obligations énoncées à l’article 13, portant interdiction ou restrictions à l’exportation et à l’importation ; et

(v) Prendre des mesures conformes aux dispositions de l’article 22 en vue de réprimer tout acte contraire aux lois ou règlements adoptés en exécution des obligations ci-dessus.

(d) La Partie qui a notifié au Secrétaire général une telle décision au sujet d’une substance jusque-là non soumise au contrôle et ajoutée au Tableau IV devra, en ce qui concerne cette substance :


(ii) Se conformer aux obligations énoncées à l’article 13, portant interdiction ou restrictions à l’exportation et à l’importation ; et

(iii) Prendre des mesures conformes aux dispositions de l’article 22 en vue de réprimer tout acte contraire aux lois ou règlements adoptés en exécution des obligations ci-dessus.

(e) La Partie qui a notifié au Secrétaire général une telle décision au sujet d’une substance transférée à un Tableau auquel s’appliquent des mesures de contrôle et des obligations plus strictes appliquera au minimum l’ensemble des dispositions de la présente Convention applicables au Tableau d’où elle a été transférée.

8. (a) Les décisions de la Commission prises en vertu du présent article seront sujettes à révision par le Conseil si une Partie en formule la demande dans les 180 jours suivant la réception de la notification de la décision. La demande de révision devra être adressée au Secrétaire général en même temps que tous les renseignements pertinents qui l’auront motivée.

(b) Le Secrétaire général communiquera copie de la demande de révision et des renseignements pertinents à la Commission, à l’Organisation mondiale de la santé et à toutes les Parties, en les invitant à lui communiquer leurs observations dans un délai de quatre-vingt-dix jours. Toutes les observations ainsi reçues seront soumises à l’examen du Conseil.

(c) Le Conseil peut confirmer, modifier ou annuler la décision de la Commission. Sa décision sera notifiée à tous les Etats Membres de l’Organisation des Nations Unies, aux Etats non membres Parties à la présente Convention, à la Commission, à l’Organisation mondiale de la santé et à l’Organe.


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(d) Au cours de la procédure de révision, la décision originale de la Commission restera en vigueur, sous réserve des dispositions du paragraphe 7.

9. Les Parties feront tout ce qui est en leur pouvoir afin de soumettre à des mesures de surveillance autant que faire se pourra les substances qui ne sont pas visées par la présente Convention, mais qui peuvent être utilisées pour la fabrication illicite de substances psychotropes.

Article 3

Dispositions particulières relatives au contrôle des préparations

1. Sous réserve de ce qui est stipulé aux paragraphes suivants du présent article, une préparation est soumise aux mêmes mesures de contrôle que la substance psychotrope qu’elle contient, et, si elle contient plus d’une telle substance, aux mesures applicables à celle de ces substances qui est le plus strictement contrôlée.

2. Si une préparation qui contient une substance psychotrope autre qu’une substance du Tableau I est composée de telle manière qu’elle ne présente qu’un risque d’abus négligeable ou nul, et que la substance ne peut pas être récupérée en quantité pouvant donner lieu à des abus, par des moyens facilement applicables, et qu’en conséquence cette préparation ne crée ni un problème pour la santé publique, ni un problème social, ladite préparation pourra être exemptée de certaines des mesures de contrôle énoncées dans la présente Convention, conformément au paragraphe 3.

3. Si une Partie constate qu’une préparation relève des dispositions du paragraphe précédent, elle peut décider de l’exempter, dans son pays ou dans l’une de ses régions, d’une ou de toutes les mesures de contrôle prévues dans la présente Convention ; toutefois ladite préparation demeurera soumise aux obligations énoncées dans les articles suivants :

(a) Article 8 (licences), en ce qu’il s’applique à la fabrication ;

(b) Article 11 (enregistrement), en ce qu’il s’applique aux préparations exemptées ;

(c) Article 13 (interdiction et restrictions à l’exportation et à l’importation) ;

(d) Article 15 (inspection), en ce qu’il s’applique à la fabrication ;

(e) Article 16 (renseignements à fournir par les Parties), en ce qu’il s’applique aux préparations exemptées ; et

(f) Article 22 (dispositions pénales), dans la mesure nécessaire à la répression d’actes contraires aux lois ou règlements adoptés conformément aux obligations ci-dessus.

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Ladite Partie notifiera au Secrétaire général toutes décisions de ce genre, ainsi que le nom et la composition de la préparation exemptée, et les mesures de contrôle dont celle-ci est exemptée. Le Secrétaire général transmettra la notification aux autres Parties, à l’Organisation mondiale de la santé et à l’Organe.

4. Si une Partie ou l’Organisation mondiale de la santé a des informations sur une préparation exemptée en vertu du paragraphe 3, qui, à son avis, justifient la suppression complète ou partielle de l’exemption, elle les notifiera au Secrétaire général et lui fournira les informations à l’appui de cette notification. Le Secrétaire général transmettra cette notification, accompagnée de toute information qu’il jugera pertinente, aux Parties, à la Commission et, lorsque la notification sera faite par une Partie, à l’Organisation mondiale de la santé. L’Organisation mondiale de la santé communiquera à la Commission une évaluation de la préparation prenant en considération les facteurs énumérés au paragraphe 2, ainsi qu’une recommandation relative aux mesures de contrôle dont la préparation devrait éventuellement cesser d’être exemptée. La Commission, tenant compte de la communication de l’Organisation mondiale de la santé, dont l’évaluation sera déterminante en matière médicale et scientifique, et prenant en considération les facteurs d’ordre économique, social, juridique, administratif et autres, qu’elle pourra juger pertinents, pourra décider que la préparation cessera d’être exemptée d’une ou de toutes les mesures de contrôle. Le Secrétaire général communiquera toute décision de la Commission prise en vertu du présent paragraphe à tous les Etats Membres de l’Organisation des Nations Unies, aux Etats non membres Parties à la présente Convention, à l’Organisation mondiale de la santé et à l’Organe. Toutes les Parties prendront des dispositions en vue de supprimer l’exemption de la ou des mesures de contrôle en question dans un délai de 180 jours à compter de la date de la communication du Secrétaire général.

Article 4

Autres dispositions particulières relatives au champ d’application du contrôle

En ce qui concerne les substances psychotropes autres que celles du Tableau I, les Parties pourront autoriser :

(a) Le transport par les voyageurs internationaux de petites quantités de préparations pour leur usage personnel ; chaque Partie pourra cependant s’assurer que ces préparations ont été légalement obtenues ;

(b) L’emploi de ces substances dans l’industrie pour la fabrication de substances ou produits non psychotropes, sous réserve que leur soient appliquées les mesures de contrôle requises par la présente Convention jusqu’à ce que l’état des substances psychotropes soit tel qu’elles ne puissent pas, dans la pratique, donner lieu à des abus ou être récupérées ; et

(c) L’utilisation de ces substances, sous réserve que leur soient appliquées les mesures de contrôle requises par la présente Convention, pour la capture d’animaux par des


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personnes expressément autorisées par les autorités compétentes à utiliser lesdites substances à cet effet.

Article 5

Limitation de l’utilisation aux fins médicales et scientifiques

1. Chaque Partie limitera l’utilisation des substances du Tableau I ainsi qu’il est prévu à l’article 7.

2. Chaque Partie devra, sous réserve des dispositions de l’article 4, limiter, par les mesures qu’elle jugera appropriées, la fabrication, l’exportation, l’importation, la distribution, les stocks, le commerce, l’emploi et la détention de substances des Tableaux II, III et IV aux fins médicales et scientifiques.

3. Il est souhaitable que les Parties n’autorisent pas la détention de substances des Tableaux II, III et IV, sauf dans les conditions prévues par la loi.

Article 6

Administration spéciale

Il est souhaitable qu’à l’effet d’appliquer les dispositions de la présente Convention chaque Partie institue et entretienne une administration spéciale. Il peut y avoir avantage à ce que cette administration soit la même que l’administration spéciale qui a été instituée en vertu des dispositions des conventions soumettant les stupéfiants à un contrôle, ou qu’elle travaille en étroite collaboration avec cette administration spéciale.

Article 7

Dispositions spéciales visant les substances du Tableau I

En ce qui concerne les substances du Tableau I, les Parties devront

(a) Interdire toute utilisation de ces substances, sauf à des fins scientifiques ou à des fins médicales très limitées, par des personnes dûment autorisées qui travaillent dans des établissements médicaux ou scientifiques relevant directement de leurs gouvernements ou expressément autorisées par eux ;

(b) Exiger que la fabrication, le commerce, la distribution et la détention de ces substances soient subordonnés à la possession d’une licence spéciale ou d’une autorisation préalable ;

(c) Prévoir une surveillance étroite des activités et des actes mentionnés aux alinéas a et b ;

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(d) Ne permettre de délivrer à une personne dûment autorisée que la quantité de ces substances nécessaire aux fins pour lesquelles l’autorisation a été accordée ;

(e) Exiger que les personnes exerçant des fonctions médicales et scientifiques enregistrent l’acquisition de ces substances et les détails de leur utilisation, lesdits enregistrements devant être conservés pendant au moins deux ans après la dernière utilisation qui y aura été consignée ; et

(f) Interdire l’exportation et l’importation de ces substances sauf lorsque l’exportateur et l’importateur seront l’un et l’autre l’autorité ou l’administration compétente du pays ou de la région exportateurs et importateurs, respectivement, ou d’autres personnes ou entreprises que les autorités compétentes de leurs pays ou régions auront expressément autorisées à cet effet. Les exigences prévues au paragraphe 1 de l’article 12 en ce qui concerne les autorisations d’exportation et d’importation pour les substances du Tableau II s’appliqueront également aux substances du Tableau I.

Article 8

Licences

1. Les Parties exigeront une licence ou autre mesure de contrôle similaire pour la fabrication, le commerce (y compris le commerce d’exportation et d’importation) et la distribution des substances des Tableaux II, III et IV.

2. Les Parties :

(a) Exerceront une surveillance sur toutes les personnes et entreprises dûment autorisées se livrant à la fabrication, au commerce (y compris le commerce d’exportation et d’importation) ou à la distribution des substances visées au paragraphe 1 ;

(b) Soumettront à un régime de licence ou autre mesure de contrôle similaire les établissements et les locaux dans lesquels cette fabrication, ce commerce ou cette distribution peuvent se faire ; et

(c) Feront en sorte que des mesures de sécurité soient prises pour ces établissements et ces locaux, de manière a prévenir les vols ou autres détournements de stocks.

3. Les dispositions des paragraphes 1 et 2 du présent article concernant le régime de licence ou autres mesures de contrôle similaires ne s’appliqueront pas nécessairement aux personnes dûment autorisées à exercer des fonctions thérapeutiques ou scientifiques et agissant dans l’exercice de ces fonctions.

4. Les Parties exigeront que toutes les personnes à qui des licences sont délivrées en application de la présente Convention ou qui possèdent des autorisations équivalentes conformément aux dispositions prévues au paragraphe 1 du présent article ou à l’alinéa b de


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l’article 7 soient dûment qualifiées pour appliquer effectivement et fidèlement les dispositions des lois et règlements adoptés en exécution de la présente Convention.

Article 9

Ordonnances médicales

1. Les Parties exigeront que les substances des Tableaux II, III et IV ne soient fournies ou dispensées pour être utilisées par des particuliers que sur ordonnance médicale, sauf dans les cas où des particuliers peuvent légalement obtenir, utiliser, dispenser ou administrer ces substances dans l’exercice dûment autorisé de fonctions thérapeutiques ou scientifiques.

2. Les Parties prendront les mesures nécessaires pour que les ordonnances prescrivant des substances des Tableaux II, III et IV soient délivrées conformément à la pratique médicale et soumises, en ce qui concerne notamment le nombre des renouvellements possibles et la durée de leur validité, à une réglementation qui assure la protection de la santé et de l’intérêt publics.

3. Nonobstant les dispositions du paragraphe 1, une Partie peut, si à son avis la situation locale l’exige et dans les conditions qu’elle pourra prescrire, y compris en matière d’enregistrement, autoriser les pharmaciens sous licence ou tous autres distributeurs de détail sous licence désignés par les autorités chargées de la santé publique dans son pays ou une partie de celui-ci, à fournir, à leur discrétion et sans ordonnance, pour être utilisées par des particuliers dans des cas exceptionnels et à des fins médicales, de petites quantités de substances des Tableaux III et IV, dans les limites que les Parties définiront.

Article 10

Mises en garde à porter sur le conditionnement et annonces publicitaires

1. Chaque Partie exigera, compte tenu des réglementations ou recommandations pertinentes de l’Organisation mondiale de la santé, que soient indiqués sur les étiquettes, lorsqu’il sera possible de le faire et de toute façon sur la notice accompagnant le conditionnement pour la distribution au détail des substances psychotropes, le mode d’emploi ainsi que les précautions à prendre et les mises en garde qui sont nécessaires, à son avis, pour la sécurité de l’usager.

2. Chaque Partie, tenant dûment compte des dispositions de sa constitution, interdira les annonces publicitaires ayant trait aux substances psychotropes et destinées au grand public.

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Article 11

Enregistrement

1. Les Parties exigeront que, pour les substances du Tableau I, les fabricants et toutes autres personnes autorisées en vertu de l’article 7 à faire le commerce de ces substances et à les distribuer procèdent à l’enregistrement dans les conditions déterminées par chaque Partie, de manière à faire apparaître, de façon précise, les quantités fabriquées ou détenues en stock ainsi que pour chaque acquisition et pour chaque cession, la quantité, la date et les noms du fournisseur et de l’acquéreur.

2. Les Parties exigeront que, pour les substances des Tableaux II et III, les fabricants, les distributeurs de gros, les exportateurs et les importateurs procèdent à l’enregistrement dans les conditions déterminées par chaque Partie, de manière à faire apparaître de façon précise, les quantités fabriquées ainsi que, pour chaque acquisition et pour chaque cession, la quantité, la date et les noms du fournisseur et de l’acquéreur.

3. Les Parties exigeront que, pour les substances du Tableau II, les distributeurs de détail, les établissements hospitaliers, les centres de traitement et les institutions scientifiques procèdent à l’enregistrement dans les conditions déterminées pour chaque Partie, de manière à faire apparaître, de façon précise, pour chaque acquisition et pour chaque cession, la quantité, la date et les noms du fournisseur et de l’acquéreur.

4. Les Parties veilleront, par des méthodes appropriées et en tenant compte des pratiques professionnelles et commerciales qui leur sont propres, à ce que les informations relatives à l’acquisition et à la cession de substances du Tableau III par des distributeurs de détail, des établissements hospitaliers, des centres de traitement et des institutions scientifiques puissent être facilement consultées.

5. Les Parties exigeront que, pour les substances du Tableau IV, les fabricants, les exportateurs et les importateurs procèdent à l’enregistrement, dans les conditions déterminées par chaque Partie, de manière à faire apparaître les quantités fabriquées, exportées et importées.

6. Les Parties exigeront les fabricants de préparations exemptées conformément au paragraphe 3 de l’article 3 qu’ils enregistrer la quantité de chaque substance psychotrope utilisée dans la fabrication d’une préparation exemptée, la nature et la quantité totale de la préparation exemptée fabriquée à partir de cette substance, ainsi que les mentions relatives à la première cession de ladite préparation.

7. Les Parties veilleront à ce que les enregistrements et les informations visés au présent article et que sont nécessaires à l’établissement des rapports prévus à l’article 16 soient conservés pendant deux au moins.


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Article 12

Dispositions relatives au commerce international

1. (a) Toute Partie autorisant l’exportation ou l’importation de substances du Tableau I ou II doit exiger qu’une autorisation d’importation ou d’exportation distincte, rédigée sur un formulaire d’un modèle établi par la Commission, soit obtenue pour chaque exportation ou importation, qu’il s’agisse d’une ou de plusieurs substances.

(b) Cette autorisation doit comporter la dénomination commune internationale de la substance ou, en l’absence d’une telle dénomination, la désignation de la substance dans le Tableau, la quantité à exporter ou à importer, la forme pharmaceutique, le nom et l’adresse de l’exportateur et de l’importateur, et la période au cours de laquelle l’exportation ou l’importation doit avoir lieu. Si la substance est exportée ou importée sous forme de préparation, le nom de la préparation, s’il en existe un, sera aussi indiqué. L’autorisation d’exportation doit aussi indiquer le numéro et la date du certificat d’importation, et spécifier l’autorité qui l’a délivré.

(c) Avant de délivrer une autorisation d’exportation les Parties exigeront une autorisation d’importation délivrée par les autorités compétentes du pays ou de la région importateurs et attestant que l’importation de la substance ou des substances dont il est question est approuvée, et cette autorisation sera produite par la personne ou l’établissement demandant l’autorisation d’exportation.

(d) Une copie de l’autorisation d’exportation sera jointe à chaque envoi, et le gouvernement qui délivre l’autorisation d’exportation en adressera une copie au gouvernement du pays ou de la région importateurs.

(e) Lorsque l’importation a été effectuée, le gouvernement du pays ou de la région importateurs renverra au gouvernement du pays ou de la région exportateurs l’autorisation d’exportation avec une attestation certifiant la quantité effectivement importée.

2. (a) Les Parties exigeront que, pour chaque exportation de substances du Tableau III, les exportateurs établissent en trois exemplaires une déclaration, rédigée sur un formulaire d’un modèle établi par la Commission, contenant les renseignements suivants :

(i) Le nom et l’adresse de l’exportateur et de l’importateur ;

(ii) La dénomination commune internationale ou, en l’absence d’une telle dénomination la désignation de la substance dans le Tableau ;

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(iii) La quantité de la substance et la forme pharmaceutique sous laquelle la substance est exportée, et, si c’est sous la forme d’une préparation, le nom de cette préparation, s’il existe ; et

(iv) La date d’envoi.

(b) Les exportateurs fourniront aux autorités compétentes de leur pays ou de leur région deux exemplaires de cette déclaration. Ils joindront le troisième exemplaire à leur envoi.

(c) La Partie du territoire de laquelle une substance du Tableau III a été exportée devra, aussitôt que possible mais au plus tard quatre-vingt-dix jours après la date d’envoi, transmettre aux autorités compétentes du pays ou de la région importateurs, sous pli recommandé avec accusé de réception, un exemplaire de la déclaration reçue de l’exportateur.

(d) Les Parties pourront exiger que, dès réception du colis, l’importateur adresse aux autorités compétentes de son pays ou de sa région l’exemplaire qui accompagne l’envoi dûment endossé, en indiquant les quantités reçues et la date de réception.

3. Les substances des Tableaux I et II seront en outre soumises aux dispositions ci-après :

(a) Les Parties exerceront dans les ports francs et les zones franches la même surveillance et le même contrôle que dans les autres parties de leur territoire, étant entendu, toutefois, qu’elles pourront appliquer un régime plus sévère.

(b) Les exportations sous forme d’envois adressés à une banque au compte d’une personne différente de celle dont le nom figure sur l’autorisation d’exportation ou à une boîte postale seront interdites.

(c) Les exportations de substances du Tableau I sous forme d’envois adressés à un entrepôt de douane seront interdites. Les exportations de substances du Tableau II sous forme d’envois adressés à un entrepôt de douane seront interdites, sauf si le Gouvernement du pays importateur précise, sur le certificat d’importation produit par la personne ou l’établissement qui demande l’autorisation d’exportation, qu’il a approuvé l’importation de l’envoi afin que celui-ci soit déposé dans un entrepôt de douane. En pareil cas, l’autorisation d’exportation précisera que l’envoi est effectué à cette fin. Tout retrait de l’entrepôt de douane sera subordonné à la présentation d’un permis émanant des autorités dont relève l’entrepôt, et, dans le cas d’un envoi à destination de l’étranger, il sera assimilé à une exportation nouvelle au sens de la présente Convention.

(d) Les envois entrant sur le territoire d’une Partie ou en sortant sans être accompagnés d’une autorisation d’exportation seront retenus par les autorités compétentes.


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(e) Une Partie n’autorisera pas le passage en transit sur son territoire, en direction d’un autre pays, d’un envoi quelconque de ces substances, que cet envoi soit ou non déchargé du véhicule qui le transporte, sauf si la copie de l’autorisation d’exportation pour cet envoi est présentée aux autorités compétentes de ladite Partie.

(f) Les autorités compétentes d’un pays ou d’une région quelconque à travers lesquels le passage d’un envoi de ces substances est autorisé prendront toutes les mesures nécessaires pour empêcher le déroutement dudit envoi vers une destination autre que celle qui figure sur la copie de l’autorisation d’exportation jointe à l’envoi, à moins que le Gouvernement du pays ou de la région à travers lesquels ledit envoi s’effectue n’autorise ce déroutement. Le Gouvernement de ce pays ou de cette région de transit traitera toute demande de déroutement comme s’il s’agissait d’une exportation du pays ou de la région de transit vers le pays ou la région de la nouvelle destination. Si le déroutement est autorisé, les dispositions de l’alinéa e du paragraphe 1 s’appliqueront également entre le pays ou la région de transit et le pays ou la région d’où l’envoi a primitivement été exporté

(g) Aucun envoi de ces substances en transit ou déposé dans un entrepôt de douane ne peut être soumis à un traitement quelconque qui modifierait la nature des substances. L’emballage ne peut être modifié sans l’agrément des autorités compétentes.

(h) Les dispositions des alinéas e à g relatives au transit de ces substances sur le territoire d’une Partie ne sont pas applicables si l’envoi est transporté par la voie aérienne à condition que l’aéronef n’atterrisse pas dans le pays ou la région de transit. Si l’aéronef atterrit dans ce pays ou cette région, ces dispositions s’appliqueront dans la mesure où les circonstances l’exigent.

(i) Les dispositions du présent paragraphe ne portent pas préjudice à celles de tout accord international qui limite le contrôle pouvant être exercé par toute Partie sur ces substances en transit.

Article 13

Interdiction et restrictions à l’exportation et à l’importation

1. Une Partie peut notifier à toutes les autres Parties par l’intermédiaire du Secrétaire général qu’elle interdit l’importation dans son pays ou dans l’une de ses régions d’une ou plusieurs substances du Tableau II, III ou IV, spécifiées dans sa notification. Dans cette notification, elle indiquera le nom donné à la substance dans le Tableau II, III ou IV.

2. Si une Partie a reçu une notification d’interdiction comme prévu au paragraphe 1, elle prendra les mesures nécessaires pour qu’aucune des substances spécifiées dans ladite notification ne soit exportée vers le pays ou l’une des régions de la Partie qui a fait la notification.

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3. Nonobstant les dispositions des paragraphes précédents, une Partie qui a fait une notification conformément au paragraphe 1 peut, en délivrant dans chaque cas un permis spécial d’importation de quantités déterminées des substances en question ou de préparations qui en contiennent. L’autorité du pays importateur qui aura délivré le permis spécial d’importation l’adressera en deux exemplaires, qui p9orteront le nom et l’adresse de l’importateur et de l’exportateur, à l’autorité compétente du pays ou de la région exportateurs, qui pourra alors autoriser l’exportateur à faire l’expédition. Celle-ci sera accompagnée d’un exemplaire du permis spécial d’importation dûment visé para l’autorité compétente du pays ou de la région exportateurs.

Article 14

Dispositions spéciales concernant le transport des substances psychotropes dans les trousses de premiers secours des navires, aéronefs ou autres moyens de transport public effectuant des parcours internationaux

1. Le transport international par navires, aéronefs ou autres moyens de transport public international, tels que les trains et autocars internationaux, de quantités limitées de substances du Tableau II, III ou IV susceptibles d’être nécessaires pendant le voyage pour l’administration des premiers secours et pour les cas d’urgence ne sera pas considéré comme une exportation, une importation ou un transit au sens de la présente Convention.

2. Des précautions appropriées seront prises par le pays d’immatriculation pour empêcher l’usage indu des substances mentionnées au paragraphe 1 ou leur détournement à des fins illicites. La Commission recommandera ces précautions en consultation avec les organisations internationales compétentes.

3. Les substances transportées par navires, aéronefs ou autres moyens de transport public international, tels que les trains et autocars internationaux, conformément aux dispositions du paragraphe 1, seront soumises aux lois, règlements, permis et licences du pays d’immatriculation, sans préjudice du droit des autorités locales compétentes de procéder à des vérifications, inspections et autres opérations de contrôle à bord de ces moyens de transport. L’administration de ces substances en cas d’urgence ne sera pas considérée comme contrevenant aux dispositions du paragraphe 1 de l’article 9.

Article 15

Inspection

Les Parties institueront un système d’inspection des fabricants, des exportateurs, des importateurs et des distributeurs de gros et de détail de substances psychotropes, ainsi que des institutions médicales et scientifiques qui utilisent ces substances. Elles prévoiront des inspections aussi fréquentes qu’elles le jugeront nécessaire des locaux, des stocks et des enregistrements.


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Article 16

Renseignements à fournir par les Parties

1. Les Parties fourniront au Secrétaire général les renseignements que la Commission peut demander en tant que nécessaires pour l’exercice de ses fonctions, et notamment un rapport annuel ayant trait au fonctionnement de la Convention sur leurs territoires et contenant des renseignements sur :

(a) Les modifications importantes apportées à leurs lois et règlements relatifs aux substances psychotropes ; et

(b) Les faits particulièrement significatifs qui se seront produits sur leurs territoires en matière d’abus et de trafic illicite des substances psychotropes.

2. Les Parties communiqueront d’autre part au Secrétaire général les noms et adresses des autorités gouvernementales mentionnées à l’alinéa (f) de l’article 7, à l’article 12 et au paragraphe 3 de l’article 13. Le Secrétaire général diffusera ces renseignements à toutes les Parties.

3. Les Parties adresseront au Secrétaire général, dans les plus brefs délais, un rapport sur les cas de trafic illicite de substances psychotropes et de saisie de substances faisant l’objet de ce trafic illicite, lorsque ces cas leur paraîtront importants en raison :

(a) Des tendances nouvelles mises en évidence ;

(b) Des quantités en cause ;

(c) De la lumière qu’elles jettent sur les sources d’approvisionnement ; ou

(d) Des méthodes employées par les trafiquants illicites.

Des copies du rapport seront communiquées conformément à l’alinéa b de l’article 21.

4. Les Parties fourniront à l’Organe des rapports statistiques annuels, en utilisant à cet effet les formulaires établis par l’Organe. Ces rapports porteront :

(a) En ce qui concerne chacune des substances des Tableaux I et II, sur les quantités fabriquées, exportées à destination de et importées en provenance de chaque pays ou région, ainsi que sur les stocks détenus par les fabricants ;

(b) En ce qui concerne chacune des substances des Tableaux III et IV, sur les quantités fabriquées, ainsi que sur les quantités totales exportées et importées ;

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(c) En ce qui concerne chacune des substances des Tableaux II et III, sur les quantités utilisées pour la fabrication de préparations exemptées ; et

(d) En ce qui concerne chacune des substances inscrites à un Tableau autre que le Tableau I, sur les quantités employées à des fins industrielles, conformément aux dispositions de l’alinéa b de l’article 4.

Les quantités fabriquées qui sont visées aux alinéas a et b du présent paragraphe ne comprennent pas les quantités de préparations fabriquées.

5. Une Partie fournira à l’Organe, sur sa demande, des renseignements statistiques supplémentaires ayant trait à des périodes à venir sur les quantités de telle ou telle substance des Tableaux III et IV exportées à destination de chaque pays ou région et importées en provenance de chaque pays ou région. Cette Partie pourra demander à l’Organe de donner un caractère confidentiel tant à sa demande de renseignements qu’aux renseignements fournis en vertu du présent paragraphe.

6. Les Parties fourniront les renseignements mentionnés dans les paragraphes 1 et 4 de la manière et aux dates que la Commission ou l’Organe pourra fixer.

Article 17

Fonctions de la Commission

1. La Commission peut examiner toutes les questions ayant trait aux buts de la présente Convention et à l’application de ses dispositions et faire des recommandations à cet effet.

2. Les décisions de la Commission prévues à l’article 2 et à l’article 3 seront prises à la majorité des deux tiers des membres de la Commission.

Article 18

Rapports de l’organe

1. L’Organe établit sur ses travaux des rapports annuels dans lesquels figurent une analyse des renseignements statistiques dont il dispose et, dans les cas appropriés, un exposé des explications que les gouvernements ont pu fournir ou ont été requis de fournir, ainsi que toute observation et recommandation que l’Organe peut vouloir formuler. L’Organe peut également faire tous rapports supplémentaires qu’il peut juger nécessaires. Les rapports sont présentés au Conseil par l’intermédiaire de la Commission qui peut formuler les observations qu’elle juge opportunes.

2. Les rapports de l’Organe sont communiqués aux Parties et publiés ultérieurement par le Secrétaire général. Les Parties autorisent la libre distribution de ces rapports.


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Article 19

Mesures à prendre par l’Organe pour assurer l’exécution des dispositions de la Convention

1. (a) Si, après examen des renseignements adressés à l’Organe par les gouvernements ou des renseignements communiqués par des organes des Nations Unies, l’Organe a motif de croire que les buts de la présente Convention sont sérieusement compromis du fait qu’un pays ou une région n’exécute pas ses dispositions, l’Organe a le droit de demander des explications au Gouvernement du pays ou de la région intéressés. Sous réserve du droit qu’il possède d’appeler l’attention des Parties, du Conseil et de la Commission sur la question visée à l’alinéa c l’Organe considérera comme confidentielle une demande de renseignements ou une explication fournie par un Gouvernement conformément au présent alinéa.

(b) Après avoir agi conformément à l’alinéa a, l’Organe peut, s’il juge nécessaire de le faire, demander au Gouvernement intéressé de prendre les mesures correctives qui, en raison des circonstances, peuvent paraître nécessaires pour assurer l’exécution des dispositions de la présente Convention.

(c) Si l’Organe constate que le Gouvernement intéressé n’a pas donné des explications satisfaisantes lorsqu’il a été invité à le faire conformément à alinéa a, ou a négligé d’adopter toute mesure corrective qu’il a été invité à prendre conformément à l’alinéa b, il peut appeler l’attention des Parties, du Conseil et de la Commission sur la question.

2. Lorsqu’il appelle l’attention des Parties, du Conseil et de la Commission sur une question conformément à l’alinéa c du paragraphe 1, l’Organe peut, s’il juge une telle mesure nécessaire, recommander aux Parties d’arrêter l’exportation de substances psychotropes à destination du pays ou de la région intéressés ou l’importation de substances psychotropes en provenance de ce pays ou de cette région, ou à la fois l’exportation et l’importation, soit pour une période déterminée, soit jusqu’à ce que la situation dans ce pays ou cette région lui donne satisfaction. L’état intéressé a le droit de porter la question devant le Conseil.

3. L’Organe a le droit de publier un rapport sur toute question visée par les dispositions du présent article, et de le communiquer au Conseil qui le transmettra à toutes les Parties. Si l’Organe publie dans ce rapport une décision prise en vertu du présent article ou des renseignements concernant cette décision, il doit également publier l’avis du Gouvernement intéressé si celui-ci le demande.

4. Dans les cas où une décision de l’Organe publiée conformément au présent article n’a pas été prise à l’unanimité, l’opinion de la minorité doit être exposée.

5. Tout Etat sera invité à se faire représenter aux séances de l’Organe au cours desquelles est examinée une question l’intéressant directement aux termes du présent article.

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6. Les décisions de l’Organe prises en vertu du présent article doivent être adoptées à la majorité des deux tiers du nombre total des membres de l’Organe.

7. Les dispositions des paragraphes précédents s’appliqueront également si l’Organe a motif de croire que les buts de la présente Convention sont sérieusement compromis du fait d’une décision prise par une Partie en vertu des dispositions du paragraphe 7 de l’article 2.

Article 20

Mesures contre l’abus des substances psychotropes

1. Les Parties prendront toutes les mesures susceptibles de prévenir l’abus des substances psychotropes et assurer le prompt dépistage ainsi que le traitement, l’éducation, la postcure, la réadaptation et la réintégration sociale des personnes intéressées ; elles coordonneront leurs efforts à cette fin.

2. Les Parties favoriseront, autant que possible, la formation d’un personnel pour assurer le traitement, la postcure, la réadaptation et la réintégration sociale des personnes qui abusent de substances psychotropes.

3. Les Parties aideront les personnes qui en ont besoin dans l’exercice de leur profession à acquérir la connaissance des problèmes posés par l’abus des substances psychotropes et par sa prévention, et elles développeront aussi cette connaissance parmi le grand public s’il y a lieu de craindre que l’abus de ces substances ne se répande très largement.

Article 21

Lutte contre le trafic illicite

Compte dûment tenu de leurs régimes constitutionnel, juridique et administratif, les Parties :

(a) Assureront sur le plan national la coordination de l’action préventive et répressive contre le trafic illicite ; à cette fin elles pourront utilement désigner un service approprié chargé de cette coordination ;

(b) S’assisteront mutuellement dans la lutte contre le trafic illicite des substances psychotropes, et en particulier transmettront immédiatement aux autres Parties directement intéressées, par la voie diplomatique ou par l’intermédiaire des autorités compétentes qu’elles auront désignées à cet effet, copie de tout rapport qu’elles auraient adressé au Secrétaire général en vertu de l’article 16 à la suite de la découverte d’une affaire de trafic illicite ou d’une saisie ;


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(c) Coopéreront étroitement entre elles et avec les organisations internationales compétentes dont elles sont membres afin de mener une lutte coordonnée contre le trafic illicite ;

(d) Veilleront à ce que la coopération internationale des services appropriés se réalise par des voies rapides ; et

(e) S’assureront que, lorsque des pièces de procédure sont transmises entre des pays pour l’exercice d’une action judiciaire, la transmission soit effectuée par des voies rapides à l’adresse des instances désignées par les Parties ; cette disposition ne porte pas atteinte au droit des Parties de demander que les pièces de procédure leur soient envoyées par la voie diplomatique.

Article 22

Dispositions pénales

1. (a) Sous réserve de ses dispositions constitutionnelles, chaque Partie considérera comme une infraction punissable tout acte commis intentionnellement qui contrevient à une loi ou à un règlement adopté en exécution de ses obligations découlant de la présente Convention, et prendra les mesures nécessaires pour que les infractions graves soient dûment sanctionnées, par exemple par une peine d’emprisonnement ou une autre peine privative de liberté.

(b) Nonobstant les dispositions figurant à l’alinéa précèdent, lorsque des personnes utilisant de façon abusive des substances psychotropes auront commis ces infractions, les Parties pourront, au lieu de les condamner ou de prononcer une sanction pénale à leur encontre, ou comme complément de la sanction pénale, soumettre ces personnes à des mesures de traitement, d’éducation, de postcure, de réadaptation et de réintégration sociale, conformément aux dispositions du paragraphe 1 de l’article 20.

2. Sous réserve des dispositions constitutionnelles, du système juridique et de la législation nationale de chaque Partie :

(i) Si une suite d’actes qui sont liés entre eux et qui constituent des infractions en vertu du paragraphe 1 ci-dessus a été commise dans des pays différents, chacun de ces actes sera considéré comme une infraction distincte ;

(ii) La participation intentionnelle à l’une quelconque desdites infractions, l’association ou l’entente en vue de la commettre ou la tentative de la commettre, ainsi que les actes préparatoires et les opérations financières intentionnellement accomplis, relatifs aux infractions mentionnées dans le présent article, constitueront des infractions passibles des peines prévues au paragraphe 1 ;

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(iii) Les condamnations prononcées à l’étranger pour ces infractions seront prises en considération aux fins d’établissement de la récidive ; et

(iv) Les infractions graves précitées, qu’elles soient commises par des nationaux ou des étrangers, seront poursuivies par la Partie sur le territoire de laquelle l’infraction a été commise ou par la Partie sur le territoire de laquelle le délinquant se trouve si l’extradition n’est pas compatible avec la législation de la Partie à laquelle la demande est adressée et si le délinquant n’a pas déjà été poursuivi et jugé.

(a) Il est souhaitable que les infractions mentionnées au paragraphe 1 et dans la partie ii de l’alinéa a du paragraphe 2 soient considérées comme des cas d’extradition aux termes de tout traité d’extradition conclu ou à conclure entre des Parties, et soient reconnues comme cas d’extradition entre elles par les Parties qui ne subordonnent pas l’extradition à l’existence d’un traité ou à la réciprocité, étant entendu, toutefois, que l’extradition sera accordée conformément à la législation de la Partie à qui la demande d’extradition est adressée et que ladite Partie aura le droit de refuser de procéder à l’arrestation du délinquant ou de refuser d’accorder son extradition si les autorités compétentes considèrent que l’infraction n’est pas suffisamment grave.

3. Toute substance psychotrope, toute autre substance et tout matériel utilisés ou qu’il était envisagé d’utiliser pour commettre l’une quelconque des infractions visées aux paragraphes 1 et 2 pourront être saisis et confisqués.

4. Aucune disposition du présent article ne portera atteinte aux dispositions de la législation nationale d’une Partie en matière de compétence.

5. Aucune disposition du présent article ne portera atteinte au principe selon lequel les infractions auxquelles il se réfère seront définies, poursuivies et punies conformément à la législation nationale de chacune des Parties.

Article 23

Application de mesures de contrôle plus sévères que celles qu’exige la Convention

Les Parties pourront adopter des mesures de contrôle plus strictes ou plus sévères que celles qui sont prévues par la présente Convention si elles le jugent opportun ou nécessaire pour la protection de la santé et de l’intérêt publics.


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Article 24

Dépenses des organes internationaux encourues pour l’administration des dispositions de la Convention

Les dépenses de la Commission et de l’Organe pour exécution de leurs fonctions respectives en vertu de la présente Convention seront assumées par l’Organisation des Nations Unies dans les conditions qui seront déterminées par l’Assemblée générale. Les Parties qui ne sont pas Membres de l’Organisation des Nations Unies contribueront à ces dépenses, l’Assemblée générale fixant périodiquement, après avoir consulté les Gouvernements de ces Parties, le montant des contributions qu’elle jugera équitable.

Article 25

Procédure d’admission, de signature, de ratification et d’adhésion

1. Les Etats Membres de l’Organisation des Nations Unies, les Etats non membres de l’Organisation des Nations Unies qui sont membres d’une institution spécialisée des Nations Unies ou de l’Agence internationale de l’énergie atomique, ou qui sont Parties au Statut de la Cour internationale de Justice, ainsi que tout autre Etat invité par le Conseil, peuvent devenir Parties à la présente Convention

(a) en la signant ; ou

(b) en la ratifiant après l’avoir signée sous réserve de ratification ; ou

(c) en y adhérant.

2. La présente Convention sera ouverte à la signature jusqu’au 1er janvier 1972 inclus. Elle sera ensuite ouverte à l’adhésion.

3. Les instruments de ratification ou d’adhésion seront déposés auprès du Secrétaire général.

Article 26

Entrée en vigueur

1. La présente Convention entrera en vigueur quatre-vingt-dix jours après que quarante des Etats visés au paragraphe 1 de l’article 25 l’auront signée sans réserve de ratification ou auront déposé leurs instruments de ratification ou d’adhésion.

2. Pour tout autre Etat qui signe sans réserve de ratification, ou qui dépose un instrument de ratification ou d’adhésion après la date de la dernière signature ou du dernier dépôt visés

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au paragraphe précèdent, la présente Convention entrera en vigueur quatre-vingt-dix jours après la date de sa signature ou du dépôt de son instrument de ratification ou d’adhésion.

Article 27

Application territoriale

La présente Convention s’appliquera à tous les territoires non métropolitains qu’une Partie représente sur le plan international, sauf si le consentement préalable d’un tel territoire est nécessaire en vertu soit de la Constitution de la Partie ou du territoire intéressé, soit de la coutume. En ce cas, la Partie s’efforcera d’obtenir dans le plus bref délai le consentement du territoire qui est nécessaire et, lorsque ce consentement aura été obtenu, elle le notifiera au Secrétaire général. La présente Convention s’appliquera au territoire ou aux territoires désignés par ladite notification, dès la date de la réception de cette dernière par le Secrétaire général. Dans les cas où le consentement préalable du territoire non métropolitain n’est pas nécessaire, la Partie intéressée déclarera, au moment de la signature, de la ratification ou de l’adhésion, à quel territoire ou territoires non métropolitains s’applique la présente Convention.

Article 28

Régions aux fins de la présente Convention

1. Toute Partie peut notifier au Secrétaire général qu’aux fins de la présente Convention son territoire est divisé en deux ou plusieurs régions, ou que deux ou plusieurs de ces régions sont groupées en une seule.

2. Deux ou plusieurs Parties peuvent notifier au Secrétaire général qu’à la suite de l’institution d’une union douanière entre elles ces Parties constituent une région aux fins de la présente Convention.

3. Toute notification faite en vertu du paragraphe 1 ou 2 prendra effet au 1er janvier de l’année qui suivra celle où ladite notification aura été faite.

Article 29

Dénonciation

1. A l’expiration d’un délai de deux ans à compter de la date de l’entrée en vigueur de la présente Convention, toute Partie pourra, en son nom ou au nom d’un territoire qu’elle représente sur le plan international et qui a retiré le consentement donné en vertu de l’article 27, dénoncer la présente Convention en déposant un instrument à cet effet auprès du Secrétaire général.


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2. Si le Secrétaire général reçoit la dénonciation avant le 1er juillet ou à cette date, elle prendra effet le 1er janvier de l’année suivante ; si la dénonciation est reçue après le 1er juillet, elle prendra effet comme si elle avait été reçue l’année suivante avant le 1er juillet ou à cette date.

3. La présente Convention viendra à expiration si, par suite de dénonciations notifiées conformément aux dispositions des paragraphes 1 et 2, les conditions de son entrée en vigueur prévues au paragraphe 1 de l’article 26 cessent d’être remplies.

Article 30

Amendements

1. Toute Partie pourra proposer un amendement à la présente Convention. Le texte dudit amendement et les raisons qui l’ont motivé seront communiqués au Secrétaire général qui les communiquera aux Parties et au Conseil. Le Conseil pourra décider soit :

(a) De convoquer une conférence, conformément au paragraphe 4 de l’Article 62 de la Charte des Nations Unies, en vue d’étudier l’amendement proposé ; soit

(b) De demander aux Parties si elles acceptent l’amendement proposé et aussi de les prier de présenter éventuellement au Conseil leurs observations sur cette proposition.

2. Si un projet d’amendement distribué conformément à l’alinéa b du paragraphe 1 n’a été rejeté par aucune Partie dans les dix-huit mois qui suivent sa communication, il entrera immédiatement en vigueur. Si toutefois il est rejeté par une Partie, le Conseil pourra décider, compte tenu des observations des Parties, s’il convient de convoquer une conférence chargée d’étudier ledit amendement.

Article 31

Différends

1. S’il s’élève entre deux ou plusieurs Parties un différend concernant l’interprétation ou l’application de la présente Convention, lesdites Parties se consulteront en vue de régler ce différend par voie de négociation, d’enquête, de médiation, de conciliation, d’arbitrage, de recours à des organismes régionaux, par voie judiciaire ou par d’autres moyens pacifiques de leur choix.

2. Tout différend de ce genre qui n’aura pas été réglé par les moyens prévus au paragraphe 1 sera soumis, à la demande de l’une des Parties au différend, à la Cour internationale de Justice.

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Article 32

Réserves

1. Aucune réserve n’est autorisée en dehors des réserves faites conformément aux paragraphes 2, 3 et 4 du présent article.

2. Tout Etat peut, au moment de la signature, de la ratification ou de l’adhésion, faire des réserves sur les dispositions suivantes de la présente Convention :

(a) Article 19, paragraphes 1 et 2 ;

(b) Article 27 ; et

(c) Article 31.

3. Tout Etat qui désire devenir Partie à la Convention, mais qui veut être autorisé à faire des réserves autres que celles qui sont énumérées aux paragraphes 2 et 4, peut aviser le Secrétaire général de cette intention. A moins qu’a l’expiration de douze mois après la date de la communication de la réserve en question par le Secrétaire général, un tiers des Etats qui ont signé sans réserve de ratification ou ratifié la Convention ou y ont adhéré avant la fin de ladite période n’aient élevé des objections contre elle, elle sera considérée comme autorisée, étant entendu toutefois que les Etats qui auront élevé des objections contre cette réserve n’auront pas à assumer à l’égard de l’Etat qui l’a formulée l’obligation juridique découlant de la présente Convention, sur laquelle porte la réserve.

4. Tout Etat sur le territoire duquel poussent à l’état sauvage des plantes contenant des substances psychotropes du Tableau I utilisées traditionnellement par certains groupes restreints bien déterminés à l’occasion de cérémonies magiques ou religieuses peut, au moment de la signature, de la ratification ou de l’adhésion, faire des réserves concernant ces plantes sur les dispositions de l’article 7, sauf sur celles relatives au commerce international.

5. L’Etat qui aura fait des réserves pourra à tout moment et par voie de notification écrite au Secrétaire général retirer tout ou partie de ses réserves.

Article 33

Notifications

Le Secrétaire général notifiera à tous les Etats mentionnés au paragraphe 1 de l’article 25 :

(a) Les signatures, ratifications ou adhésions conformément à l’article 25 ;


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(b) La date à laquelle la présente Convention entrera en vigueur conformément à l’article 26 ;

(c) Les dénonciations conformément à l’article 29 ; et

(d) Les déclarations et notifications conformément aux articles 27, 28, 30 et 32.

En foi de quoi les soussignés, dûment autorisés, ont signé la présente Convention au nom de leurs Gouvernements respectifs.

Fait à Vienne, le vingt et un février mil neuf cent soixante et onze, en un seul exemplaire, en anglais, chinois, espagnol, français et russe, les cinq textes faisant également foi. La Convention sera déposée auprès du Secrétaire général de l’Organisation des Nations Unies qui en transmettra des copies certifiées conformes à tous les Etats Membres de l’Organisation des Nations Unies et aux autres Etats visés au paragraphe 1 de l’article 25.

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3. Convention des Nations Unies contre le trafic illicite de stupéfiants et de substances psychotropes, 1988

Signée à Vienne, le 19 décembre 1988 Entrée en vigueur : le 11 novembre 1990, conformément à l’article 29 (1) Dépositaire : Secrétaire général des Nations Unies

Les Parties à la présente Convention,

Profondément préoccupées par l’ampleur et l’augmentation de la production, de la demande et du trafic illicites de stupéfiants et de substances psychotropes, qui constituent une menace grave pour la santé et le bien-être des individus et ont des effets néfastes sur les fondements économiques, culturels et politiques de la société,

Profondément préoccupées aussi par les effets dévastateurs croissants du trafic illicite de stupéfiants et de substances psychotropes dans les diverses couches de la société, et plus particulièrement par le fait que les enfants sont, dans de nombreuses régions du monde, exploités en tant que consommateurs sur le marché de la drogue et utilisés aux fins de la production, de la distribution et du commerce illicites de stupéfiants et de substances psychotropes, ce qui constitue un danger d’une gravité incommensurable,

Reconnaissant les liens entre le trafic illicite et d’autres activités criminelles organisées connexes qui sapent les fondements de l’économie légitime et menacent la stabilité, la sécurité et la souveraineté des Etats,

Reconnaissant aussi que le trafic illicite est une activité criminelle internationale dont l’élimination exige une attention urgente et le rang de priorité le plus élevé,

Conscientes que le trafic illicite est la source de gains financiers et de fortunes importantes qui permettent aux organisations criminelles transnationales de pénétrer, contaminer et corrompre les structures de l’Etat, les activités commerciales et financières légitimes et la société à tous les niveaux,

Résolues à priver ceux qui se livrent au trafic illicite du fruit de leurs activités criminelles et à supprimer ainsi leur principal mobile,

Désireuses d’éliminer les causes profondes du problème de l’abus des stupéfiants et des substances psychotropes, notamment la demande illicite de ces stupéfiants et substances et les gains énormes tirés du trafic illicite,

Considérant qu’il est nécessaire de prendre des mesures pour contrôler certaines substances, y compris les précurseurs, les produits chimiques et les solvants, qui sont utilisées dans la fabrication de stupéfiants et de substances psychotropes et dont la disponibilité a entraîné un accroissement de la fabrication clandestine de ces stupéfiants et substances,


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Résolues à améliorer la coopération internationale pour la répression du trafic illicite par mer,

Reconnaissant que l’élimination du trafic illicite relève de la responsabilité collective de tous les Etats et qu’une action coordonnée dans le cadre de la coopération internationale est nécessaire à cette fin,

Reconnaissant la compétence de l’Organisation des Nations Unies en matière de contrôle des stupéfiants et des substances psychotropes et souhaitant que les organismes internationaux compétents en la matière exercent leur activité dans le cadre de cette Organisation,

Réaffirmant les principes directeurs des traités en vigueur relatifs aux stupéfiants et aux substances psychotropes et le système de contrôle établi par ces traités,

Reconnaissant la nécessité de renforcer et de compléter les mesures prévues dans la Convention unique sur les stupéfiants de 1961, dans cette Convention telle que modifiée par le Protocole de 1972 portant amendement de la Convention unique sur les stupéfiants de 1961 et dans la Convention de 1971 sur les substances psychotropes, afin de réduire l’ampleur et l’étendue du trafic illicite et d’en atténuer les graves conséquences,

Reconnaissant aussi qu’il importe de renforcer et d’accroître les moyens juridiques efficaces de coopération internationale en matière pénale pour mettre fin aux activités criminelles internationales que représente le trafic illicite,

Désirant conclure une convention internationale globale, efficace et opérationnelle visant spécifiquement à lutter contre le trafic illicite, dans laquelle il soit tenu compte des divers aspects de l’ensemble du problème, en particulier de ceux qui ne sont pas traités dans les instruments internationaux existant dans le domaine des stupéfiants et des substances psychotropes,

Conviennent de ce qui suit :

Article

Définitions

Sauf indication expresse en sens contraire ou sauf si le contexte exige qu’il en soit autrement, les définitions ci-après s’appliquent à toutes les dispositions de la présente Convention:

(a) Le terme “Organe” désigne l’Organe international de contrôle des stupéfiants établi par la Convention unique sur les stupéfiants de 1961 et cette Convention telle que modifiée par le Protocole de 1972 portant amendement de la Convention unique sur les stupéfiants de 1961 ;

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(b) L’expression “plante de cannabis” désigne toute plante du genre cannabis ;

(c) Le terme “cocaïer” désigne toute espèce d’arbustes du genre érythroxylon ;

(d) L’expression “transporteur commercial” désigne toute personne ou entité publique, privée ou autre qui assure le transport de personnes, de biens ou de courrier à titre onéreux ;

(e) Le terme “Commission” désigne la Commission des stupéfiants du Conseil économique et social de l’Organisation des Nations Unies ;

(f) Le terme “confiscation” désigne la dépossession permanente de biens sur décision d’un tribunal ou d’une autre autorité compétente ;

(g) L’expression “livraison surveillée” désigne les méthodes consistant à permettre le passage par le territoire d’un ou de plusieurs pays de stupéfiants ou de substances psychotropes, de substances inscrites au Tableau I ou au Tableau II annexes à la présente Convention, ou de substances qui leur sont substituées, expédiés illicitement ou suspectés de l’être, au su et sous le contrôle des autorités compétentes desdits pays, en vue d’identifier les personnes impliquées dans la commission des infractions établies conformément au paragraphe 1 de l’article 3 de la Convention ;

(h) L’expression “Convention de 1961” désigne la Convention unique sur les stupéfiants de 1961 ;

(i) L’expression “Convention de 1961 telle que modifiée” désigne la Convention unique sur les stupéfiants de 1961 telle que modifiée par le Protocole de 1972 portant amendement de la Convention unique sur les stupéfiants de 1961 ;

(j) L’expression “Convention de 1971” désigne la Convention de 1971 sur les substances psychotropes ;

(k) Le terme “Conseil” désigne le Conseil économique et social de l’Organisation des Nations Unies ;

(l) Les termes “gel” ou “saisie” désignent l’interdiction temporaire du transfert, de la conversion, de la disposition ou du mouvement de biens ou le fait d’assumer temporairement la garde ou le contrôle de biens sur décision d’un tribunal ou d’une autre autorité compétente ;

(m) L’expression “trafic illicite” désigne les infractions visées aux paragraphes 1 et 2 de l’article 3 de la présente Convention ;


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(n) Le terme “stupéfiant” désigne toute substance, qu’elle soit d’origine naturelle ou de synthèse, figurant au Tableau I ou au Tableau II de la Convention de 1961 et de la Convention de 1961 telle que modifiée ;

(o) L’expression “pavot à opium” désigne la plante de l’espèce Papaver somniferum L. ;

(p) Le terme “produit” désigne tout bien provenant directement ou indirectement de la commission d’une infraction établie conformément au paragraphe 1 de l’article 3 ou obtenu directement ou indirectement en la commettant ;

(q) Le terme “biens” désigne tous les types d’avoirs, corporels ou incorporels, meubles ou immeubles, tangibles ou intangibles, ainsi que les actes juridiques ou documents attestant la propriété de ces avoirs ou des droits y relatifs ;

(r) L’expression “substance psychotrope” désigne toute substance, qu’elle soit d’origine naturelle ou de synthèse, ou tout produit naturel du Tableau I, II, III ou IV de la Convention de 1971 sur les substances psychotropes ;

(s) Le terme “Secrétaire général” désigne le Secrétaire général de l’Organisation des Nations Unies ;

(t) Les expressions “Tableau I” et “Tableau II” désignent les listes de substances annexées à la présente Convention, qui pourront être modifiées de temps à autre conformément à l’article 12 ;

(u) L’expression “Etat de transit” désigne un Etat sur le territoire duquel des substances illicites - stupéfiants, substances psychotropes et substances inscrites au Tableau I et au Tableau II - sont déplacées et qui n’est ni le point d’origine ni la destination finale de ces substances.

Article 2

Portée de la Convention

1. L’objet de la présente Convention est de promouvoir la coopération entre les Parties de telle sorte qu’elles puissent s’attaquer avec plus d’efficacité aux divers aspects du trafic illicite des stupéfiants et des substances psychotropes qui ont une dimension internationale. Dans l’exécution de leurs obligations aux termes de la Convention, les Parties prennent les mesures nécessaires, y compris des mesures législatives et réglementaires compatibles avec les dispositions fondamentales de leurs systèmes législatifs internes respectifs.

2. Les Parties exécutent leurs obligations au titre de la présente Convention d’une manière compatible avec les principes de l’égalité souveraine et de l’intégrité territoriale des Etats et avec celui de la non-intervention dans les affaires intérieures d’autres Etats.

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3. Toute Partie s’abstient d’exercer sur le territoire d’une autre Partie une compétence ou des fonctions qui sont exclusivement réservées aux autorités de cette autre Partie par son droit interne.

Article 3

Infractions et sanctions

1. Chaque Partie adopte les mesures nécessaires pour conférer le caractère d’infractions pénales conformément à son droit interne, lorsque l’acte a été commis intentionnellement:

(a) (i) A la production, à la fabrication, à l’extraction, à la préparation, à l’offre, à la mise en vente, à la distribution, à la vente, à la livraison à quelque condition que ce soit, au courtage, à l’expédition, à l’expédition en transit, au transport, à l’importation ou à l’exportation de tout stupéfiant ou de toute substance psychotrope en violation des dispositions de la Convention de 1961, de la Convention de 1961 telle que modifiée ou de la Convention de 1971 ;

(i) A la culture du pavot à opium, du cocaïer ou de la plante de cannabis aux fins de la production de stupéfiants en violation des dispositions de la Convention de 1961 et de la Convention de 1961 telle que modifiée ;

(ii) A la détention ou à l’achat de tout stupéfiant ou de toute substance psychotrope aux fins de l’une des activités énumérées au sous-alinéa i ci-dessus ;

(iii) A la fabrication, au transport ou à la distribution d’équipements, de matériels ou de substances inscrites au Tableau I et au Tableau II, dont celui qui s’y livre sait qu’ils doivent être utilisés dans ou pour la culture, la production ou la fabrication illicites de stupéfiants ou de substances psychotropes ;

(iv) A l’organisation, à la direction ou au financement de l’une des infractions énumérées aux sous-alinéas i, ii, iii ou iv ci-dessus ;

(b) (i) A la conversion ou au transfert de biens dont celui qui s’y livre sait qu’ils proviennent d’une des infractions établies conformément à l’alinéa a du présent paragraphe ou d’une participation à sa commission, dans le but de dissimuler ou de déguiser l’origine illicite desdits biens ou d’aider toute personne qui est impliquée dans la commission de l’une de ces infractions à échapper aux conséquences juridiques de ses actes ;

(i) A la dissimulation ou au déguisement de la nature, de l’origine, de l’emplacement, de la disposition, du mouvement, ou de la propriété réels de


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biens ou de droits y relatifs, dont l’auteur sait qu’ils proviennent de l’une des infractions établies conformément à l’alinéa a du présent paragraphe ou d’une participation à une de ces infractions ;

(c) Sous réserve de ses principes constitutionnels et des concepts fondamentaux de son système juridique,

(i) A l’acquisition, à la détention ou à l’utilisation de biens, dont celui qui les acquiert, les détient ou les utilise sait, au moment où il les reçoit, qu’ils proviennent de l’une des infractions établies conformément à l’alinéa a du présent paragraphe ou de la participation à l’une de ces infractions ;

(ii) A la détention d’équipements, de matériels ou de substances inscrites au Tableau I ou au Tableau II, dont celui qui les détient sait qu’ils sont ou doivent être utilisés dans ou pour la culture, la production ou la fabrication illicites de stupéfiants ou de substances psychotropes ;

(iii) Au fait d’inciter ou d’amener publiquement autrui, par quelque moyen que ce soit, à commettre l’une des infractions établies conformément au présent article ou à faire illicitement usage de stupéfiants ou de substances psychotropes ;

(iv) A la participation à l’une des infractions établies conformément au présent article ou à toute association, entente, tentative ou complicité par fourniture d’une assistance, d’une aide ou de conseils en vue de sa commission.

2. Sous réserve de ses principes constitutionnels et des concepts fondamentaux de son système juridique, chaque Partie adopte les mesures nécessaires pour conférer le caractère d’infraction pénale conformément à son droit interne, lorsque l’acte a été commis intentionnellement, à la détention et à l’achat de stupéfiants et de substances psychotropes et à la culture de stupéfiants destinés à la consommation personnelle en violation des dispositions de la Convention de 1961, de la Convention de 1961 telle que modifiée ou de la Convention de 1971.

3. La connaissance, l’intention ou la motivation nécessaires en tant qu’élément d’une des infractions visées au paragraphe 1 du présent article peut être déduite de circonstances factuelles objectives.

4. (a) Chaque Partie rend les infractions établies conformément au paragraphe 1 du présent article punissables de sanctions tenant compte de leur gravité, telles que l’emprisonnement ou d’autres peines privatives de liberté, l’imposition d’amendes et la confiscation ;

(b) Les Parties peuvent prévoir que, comme mesures complémentaires de la condamnation ou de la sanction pénale prononcées pour une infraction établie

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conformément au paragraphe 1 du présent article, l’auteur de l’infraction sera soumis à des mesures de traitement, d’éducation, de postcure, de réadaptation ou de réinsertion sociale ;

(c) Nonobstant les dispositions des alinéas précédents, dans les cas appropriés d’infractions de caractère mineur, les Parties peuvent notamment prévoir, au lieu d’une condamnation ou d’une sanction pénale, des mesures d’éducation, de réadaptation ou de réinsertion sociale, ainsi que, lorsque l’auteur de l’infraction est un toxicomane, des mesures de traitement et de postcure ;

(d) Les Parties peuvent prévoir que des mesures de traitement, d’éducation, de postcure, de réadaptation ou de réinsertion sociale de l’auteur de l’infraction soit remplaceront la condamnation ou la peine prononcées du chef d’une infraction établie conformément aux dispositions du paragraphe 2 du présent article, soit s’y ajouteront.

5. Les Parties font en sorte que leurs tribunaux et autres autorités compétentes puissent tenir compte de circonstances factuelles conférant une particulière gravité aux infractions établies conformément au paragraphe 1 du présent article, telles que:

(a) La participation à la commission de l’infraction d’une organisation de malfaiteurs à laquelle l’auteur de l’infraction appartient ;

(b) La participation de l’auteur de l’infraction à d’autres activités criminelles organisées internationales ;

(c) La participation de l’auteur de l’infraction à d’autres activités illégales facilitées par la commission de l’infraction ;

(d) L’usage de la violence ou d’armes par l’auteur de l’infraction ;

(e) Le fait que l’auteur de l’infraction assume une charge publique et que l’infraction est liée à ladite charge ;

(f) La victimisation ou l’utilisation de mineurs,

(g) Le fait que l’infraction a été commise dans un établissement pénitentiaire, dans un établissement d’enseignement, dans un centre de services sociaux ou dans leur voisinage immédiat ou en d’autres lieux où des écoliers et des étudiants se livrent à des activités éducatives, sportives ou sociales ;

(h) Dans la mesure ou le droit interne d’une Partie le permet, les condamnations antérieures, en particulier pour des infractions analogues, dans le pays ou à l’étranger.

6. Les Parties s’efforcent de faire en sorte que tout pouvoir judiciaire discrétionnaire conféré par leur droit interne et afférent aux poursuites judiciaires engagées contre des individus pour des infractions établies conformément au présent article soit exercé de façon à


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optimiser l’efficacité des mesures de détection et de répression pour ce qui est des infractions en question, compte dûment tenu de la nécessité d’exercer un effet dissuasif en ce qui concerne leur commission.

7. Les Parties s’assurent que leurs tribunaux ou autres autorités compétentes prennent en considération la gravité des infractions énumérées au paragraphe 1 du présent article et les circonstances visées au paragraphe 5 du présent article lorsqu’elles envisagent l’éventualité d’une libération anticipée ou conditionnelle de personnes reconnues coupables de ces infractions.

8. Lorsqu’il y a lieu, chaque Partie détermine dans le cadre de son droit interne une période de prescription prolongée au cours de laquelle des poursuites peuvent être engagées du chef d’une des infractions établies conformément au paragraphe 1 du présent article. Cette période sera plus longue lorsque l’auteur présumé de l’infraction s’est soustrait à la justice.

9. Chaque Partie prend, conformément à son système juridique, les mesures appropriées afin que toute personne accusée ou reconnue coupable d’une infraction établie conformément au paragraphe 1 du présent article qui se trouve sur son territoire assiste au déroulement de la procédure pénale nécessaire.

10. Aux fins de la coopération entre les Parties en vertu de la présente Convention, et en particulier de la coopération en vertu des articles 5, 6, 7 et 9, les infractions établies conformément au présent article ne sont pas considérées comme des infractions fiscales ou politiques ni considérées comme ayant des motifs politiques, sans préjudice des limites constitutionnelles et de la législation fondamentale des Parties.

11. Aucune disposition du présent article ne porte atteinte au principe selon lequel la définition des infractions qui y sont visées et des moyens juridiques de défense y relatifs relève exclusivement du droit interne de chaque Partie et selon lequel lesdites infractions sont poursuivies et punies conformément audit droit.

Article 4

Compétence

1. Chaque Partie:

(a) Adopte les mesures nécessaires pour établir sa compétence en ce qui concerne les infractions qu’elle a établies conformément au paragraphe 1 de l’article 3 lorsque:

(i) L’infraction a été commise sur son territoire ;

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(ii) L’infraction a été commise à bord d’un navire battant son pavillon ou d’un aéronef immatriculé conformément à sa législation au moment où l’infraction a été commise ;

(b) Peut adopter les mesures nécessaires pour établir sa compétence en ce qui concerne les infractions qu’elle a établies conformément au paragraphe 1 de l’article 3 lorsque:

(i) L’infraction a été commise par un de ses nationaux ou par une personne résidant habituellement sur son territoire ;

(ii) L’infraction a été commise à bord d’un navire contre lequel cette Partie a été autorisée à prendre des mesures appropriées en vertu de l’article 17, sous réserve que cette compétence ne soit exercée que sur la base des accords ou arrangements visés aux paragraphes 4 et 9 dudit article ;

(iii) L’infraction est l’une de celles qui sont établies conformément à l’alinéa c, iv, du paragraphe 1 de l’article 3 et a été commise hors de son territoire en vue de la commission sur son territoire d’une des infractions établies conformément au paragraphe 1 de l’article 3.

2. Chaque Partie:

(a) Adopte aussi les mesures nécessaires pour établir sa compétence en ce qui concerne les infractions qu’elle a établies conformément au paragraphe 1 de l’article 3 lorsque l’auteur présumé de l’infraction se trouve sur son territoire et qu’elle ne l’extrade pas vers le territoire d’une autre Partie au motif:

(i) Que l’infraction a été commise sur son territoire ou à bord d’un navire battant son pavillon ou d’un aéronef immatriculé conformément à sa législation au moment où l’infraction a été commise, ou

(ii) Que l’infraction a été commise par un de ses nationaux ;

(b) Peut aussi adopter les mesures nécessaires pour établir sa compétence en ce qui concerne les infractions qu’elle a établies conformément au paragraphe 1 de l’article 3 lorsque l’auteur présumé de l’infraction se trouve sur son territoire et qu’elle ne l’extrade pas vers le territoire d’une autre Partie.

3. La présente Convention n’exclut l’exercice d’aucune compétence en matière pénale établie par une Partie conformément à son droit interne.


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Article 5

Confiscation

1. Chaque Partie adopte les mesures qui se révèlent nécessaires pour permettre la confiscation:

(a) Des produits tirés d’infractions établies conformément au paragraphe 1 de l’article 3 ou des biens dont la valeur correspond à celle desdits produits ;

(b) Des stupéfiants, substances psychotropes, matériels et équipements ou autres instruments utilisés ou destinés à être utilisés de quelque manière que ce soit pour les infractions établies conformément au paragraphe 1 de l’article 3.

2. Chaque Partie adopte en outre les mesures qui se révèlent nécessaires pour permettre à ses autorités compétentes d’identifier, de détecter et de geler ou saisir les produits, les biens, les instruments ou toutes autres choses visés au paragraphe 1 du présent article aux fins de confiscation éventuelle.

3. Pour pouvoir appliquer les mesures prévues au présent article, chaque Partie habilite ses tribunaux ou autres autorités compétentes à ordonner la production ou la saisie de documents bancaires, financiers ou commerciaux. Les Parties ne peuvent invoquer le secret bancaire pour refuser de donner effet aux dispositions du présent paragraphe.

4. (a) Lorsqu’une demande est faite en vertu du présent article par une autre Partie qui a compétence pour connaître d’une infraction établie conformément au paragraphe 1 de l’article 3, la Partie sur le territoire de laquelle sont situés des produits, des biens, des instruments ou toutes autres choses visées au paragraphe 1 du présent article:

(i) Transmet la demande à ses autorités compétentes en vue de faire prononcer une décision de confiscation et, si cette décision intervient, la fait exécuter, ou

(ii) Transmet à ses autorités compétentes, afin qu’elle soit exécutée dans les limites de la demande, la décision de confiscation prise par la Partie requérante conformément au paragraphe 1 du présent article, pour ce qui est des produits, des biens, des instruments ou toutes autres choses visés au paragraphe l situés sur le territoire de la Partie requise ;

(b) Lorsqu’une demande est faite en vertu du présent article par une autre Partie qui a compétence pour connaître d’une infraction établie conformément au paragraphe 1 de l’article 3, la Partie requise prend des mesures pour identifier, détecter et geler ou saisir les produits, les biens, les instruments ou toutes autres choses visés au paragraphe 1 du présent article, aux fins de confiscation éventuelle ordonnée soit par la Partie requérante, soit, suite à une demande formulée en vertu de l’alinéa a du présent paragraphe, par la Partie requise ;

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(c) Les décisions ou mesures prévues aux alinéas a et b du présent paragraphe sont prises par la Partie requise conformément à son droit interne et selon les dispositions dudit droit, et conformément à ses règles de procédure ou à tout traité, accord ou arrangement bilatéral ou multilatéral la liant à la Partie requérante ;

(d) Les dispositions des paragraphes 6 à 19 de l’article 7 s’appliquent mutatis mutandis. Outre les renseignements visés au paragraphe 10 de l’article 7, les demandes faites conformément au présent article contiennent les renseignements suivants:

(i) Lorsque la demande relève de l’alinéa a, i, du présent paragraphe, une description des biens à confisquer et un exposé des faits sur lesquels se fonde la Partie requérante qui permette à la Partie requise de faire prononcer une décision de confiscation dans le cadre de son droit interne ;

(ii) Lorsque la demande relève de l’alinéa a, ii, une copie légalement admissible de la décision de confiscation rendue par la Partie requérante sur laquelle la demande est fondée, un exposé des faits et des renseignements indiquant dans quelles limites il est demandé d’exécuter la décision ;

(iii) Lorsque la demande relève de l’alinéa b, un exposé des faits sur lesquels se fonde la Partie requérante et une description des mesures demandées ;

(e) Chaque Partie communique au Secrétaire général le texte de ses lois et règlements qui donnent effet au présent paragraphe ainsi que le texte de toute modification ultérieurement apportée à ces lois et règlements ;

(f) Si une Partie décide de subordonner l’adoption des mesures visées aux alinéas a et b du présent paragraphe à l’existence d’un traité en la matière, elle considère la présente Convention comme une base conventionnelle nécessaire et suffisante ;

(g) Les Parties s’efforcent de conclure des traités, accords ou arrangements bilatéraux et multilatéraux afin de renforcer l’efficacité de la coopération internationale aux fins du présent article.

5. (a) Toute Partie qui confisque des produits ou des biens en application du paragraphe 1 ou du paragraphe 4 du présent article en dispose conformément à son droit interne et à ses procédures administratives ;

(b) Lorsqu’une Partie agit à la demande d’une autre Partie en application du présent article, elle peut envisager spécialement de conclure des accords prévoyant:

(i) De verser la valeur de ces produits et biens, ou les fonds provenant de leur vente, ou une partie substantielle de la valeur desdits produits et biens, à des organismes intergouvernementaux spécialisés dans la lutte contre le trafic illicite et l’abus des stupéfiants et des substances psychotropes ;


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(ii) De partager avec d’autres Parties, systématiquement ou au cas par cas, ces produits ou ces biens, ou les fonds provenant de leur vente, conformément à son droit interne, ses procédures administratives ou aux accords bilatéraux ou multilatéraux conclus à cette fin.

6. (a) Si des produits ont été transformés ou convertis en d’autres biens, ces biens peuvent faire l’objet des mesures visées au présent article en lieu et place de ces produits ;

(b) Si des produits ont été mêlés à des biens acquis légitimement, ces biens, sans préjudice de tous pouvoirs de saisie ou de gel, peuvent être confisqués à concurrence de la valeur estimée des produits qui y ont été mêlés ;

(c) Les revenus et autres avantages tirés:

(i) Des produits,

(ii) Des biens en lesquels ces produits ont été transformés ou convertis, ou

(iii) Des biens auxquels ont été mêlés des produits peuvent aussi faire l’objet des mesures visées au présent article de la même manière et dans la même mesure que des produits.

7. Chaque Partie peut envisager de renverser la charge de la preuve en ce qui concerne l’origine licite des produits présumés ou autres biens pouvant faire l’objet d’une confiscation, dans la mesure où cela est conforme aux principes de son droit interne et à la nature de la procédure judiciaire et des autres procédures.

8. L’interprétation des dispositions du présent article ne doit en aucun cas porter atteinte aux droits des tiers de bonne foi.

9. Aucune disposition du présent article ne porte atteinte au principe selon lequel les mesures qui y sont visées sont définies et exécutées conformément au droit interne de chaque Partie et selon les dispositions dudit droit.

Article 6

Extradition

1. Le présent article s’applique aux infractions établies par les Parties conformément au paragraphe l de l’article 3.

2. Chacune des infractions auxquelles s’applique le présent article est de plein droit incluse dans tout traité d’extradition en vigueur entre les Parties en tant qu’infraction dont l’auteur peut être extradé. Les Parties s’engagent à inclure ces infractions en tant

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qu’infractions dont l’auteur peut être extradé dans tout traité d’extradition qu’elles concluront.

3. Si une Partie qui subordonne l’extradition à l’existence d’un traité reçoit une demande d’extradition d’une Partie avec laquelle elle n’a pas conclu pareil traité, elle peut considérer la présente Convention comme la base légale de l’extradition pour les infractions auxquelles le présent article s’applique. Les Parties qui ont besoin de mesures législatives détaillées pour pouvoir utiliser la présente Convention en tant que base légale de l’extradition envisageront l’adoption de telles mesures.

4. Les Parties qui ne subordonnent pas l’extradition à l’existence d’un traité reconnaissent entre elles aux infractions auxquelles le présent article s’applique le caractère d’infractions dont l’auteur peut être extradé.

5. L’extradition est subordonnée aux conditions prévues par le droit de la Partie requise ou par les traités d’extradition applicables, y compris les motifs pour lesquels la Partie requise peut refuser l’extradition.

6. Lorsqu’elle examine les demandes reçues en application du présent article, la Partie requise peut refuser d’y faire droit si ses autorités judiciaires ou autres autorités compétentes ont de sérieuses raisons de penser que l’extradition faciliterait l’exercice de poursuites ou l’imposition d’une sanction pénale à l’encontre d’une personne en raison de sa race, de sa religion, de sa nationalité ou de ses opinions politiques, ou causerait un préjudice pour l’une quelconque de ces raisons à une personne mise en cause par la demande.

7. Les Parties s’efforcent d’accélérer les procédures d’extradition et de simplifier les exigences en matière de preuve y relatives en ce qui concerne les infractions auxquelles le présent article s’applique.

8. Sous réserve des dispositions de son droit interne et des traités d’extradition qu’elle a conclus, la Partie requise peut, à la demande de la Partie requérante et si elle estime que les circonstances le justifient et qu’il y a urgence, placer en détention une personne présente sur son territoire dont l’extradition est demandée, ou prendre à son égard toutes autres mesures appropriées pour assurer sa présence lors de la procédure d’extradition.

9. Sans préjudice de l’exercice de la compétence pénale établie conformément à son droit interne, une Partie sur le territoire de laquelle se trouve l’auteur présumé d’une infraction doit:

(a) Si, pour les motifs dénoncés à l’alinéa a du paragraphe 2 de l’article 4, elle ne l’extrade pas pour une infraction établie conformément au paragraphe l de l’article 3, soumettre l’affaire à ses autorités compétentes pour l’exercice de l’action pénale, à moins qu’il n’en soit convenu autrement avec la Partie requérante ;


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(b) Si elle ne l’extrade pas pour une telle infraction et qu’elle a établi sa compétence en ce qui concerne cette infraction conformément à l’alinéa b du paragraphe 2 de l’article 4, soumettre l’affaire à ses autorités compétentes pour l’exercice de l’action pénale, à moins que la Partie requérante ne demande qu’il en soit autrement afin de préserver sa compétence légitime.

10. Si l’extradition, demandée aux fins d’exécution d’une peine, est refusée parce que la personne faisant l’objet de cette demande est un national de la Partie requise, celle-ci, si sa législation le lui permet, en conformité avec les prescriptions de cette législation et à la demande de la Partie requérante, envisagera de faire exécuter elle-même la peine qui a été prononcée conformément à la législation de la Partie requérante ou le reliquat de cette peine.

11. Les Parties s’efforcent de conclure des accords bilatéraux et multilatéraux, pour permettre l’extradition ou pour en accroître l’efficacité.

12. Les Parties peuvent envisager de conclure des accords bilatéraux ou multilatéraux, portant sur des points particuliers ou de caractère général, relatifs au transfert dans leur pays des personnes condamnées à des peines d’emprisonnement ou autres peines privatives de liberté du chef des infractions auxquelles le présent article s’applique, afin qu’elles puissent y purger le reste de leur peine.

Article 7

Entraide judiciaire

1. Les Parties s’accordent mutuellement, conformément au présent article, l’entraide judiciaire la plus étendue pour toutes enquêtes, poursuites pénales et procédures judiciaires concernant les infractions établies conformément au paragraphe l de l’article 3.

2. L’entraide judiciaire qui est accordée en application du présent article peut être demandée aux fins suivantes:

(a) Recueillir des témoignages ou des dépositions;

(b) Signifier des actes judiciaires;

(c) Effectuer des perquisitions et des saisies;

(d) Examiner des objets et visiter des lieux;

(e) Fournir des informations et des pièces à conviction;

(f) Fournir des originaux ou des copies certifiées conformes de documents et dossiers pertinents, y compris des relevés bancaires, documents comptables, dossiers de sociétés et documents commerciaux;

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(g) Identifier ou détecter des produits, des biens, des instruments ou d’autres choses afin de recueillir des éléments de preuve.

3. Les Parties peuvent s’accorder entre elles toute autre forme d’entraide judiciaire autorisée par le droit interne de la Partie requise.

4. Sur demande, les Parties facilitent ou encouragent, dans la mesure compatible avec leur législation et leur pratique internes, la présentation ou la mise à disposition de personnes, y compris de détenus qui acceptent d’apporter leur concours à l’enquête ou de participer à la procédure.

5. Les Parties ne peuvent invoquer le secret bancaire pour refuser l’entraide judiciaire prévue au présent article.

6. Les dispositions du présent article n’affectent en rien les obligations découlant de tout autre traité bilatéral ou multilatéral régissant ou devant régir, entièrement ou partiellement, l’entraide judiciaire en matière pénale.

7. Les paragraphes 8 à 19 du présent article sont applicables aux demandes faites conformément au présent article si les Parties en question ne sont pas liées par un traité d’entraide judiciaire. Si ces Parties sont liées par un tel traité, les dispositions correspondantes de ce traité sont applicables, à moins que les Parties ne conviennent d’appliquer à leur place les dispositions des paragraphes 8 à 19 du présent article.

8. Les Parties désignent une autorité ou, si besoin est, des autorités qui ont la responsabilité et le pouvoir de répondre aux demandes d’entraide judiciaire ou de les transmettre aux autorités compétentes pour exécution. L’autorité ou les autorités désignées à cette fin font l’objet d’une notification adressée au Secrétaire général. La transmission des demandes d’entraide judiciaire et de toute communication y relative se fait entre les autorités désignées par les Parties; la présente disposition s’entend sans préjudice du droit de toute Partie d’exiger que ces demandes et communications lui soient adressées par la voie diplomatique et, dans des cas urgents, si les Parties en conviennent, par l’intermédiaire de l’OIPC/Interpol si cela est possible.

9. Les demandes sont adressées par écrit, dans une langue acceptable pour la Partie requise. La ou les langues acceptables pour chaque Partie sont notifiées au Secrétaire général. En cas d’urgence et si les Parties en conviennent, les demandes peuvent être faites oralement, mais doivent être confirmées sans délai par écrit.

10. Les demandes d’entraide judiciaire doivent contenir les renseignements suivants:

(a) La désignation de l’autorité dont émane la demande;


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(b) L’objet et la nature de l’enquête, des poursuites pénales ou de la procédure judiciaire auxquelles se rapporte la demande et le nom et les fonctions de l’autorité qui en est chargée;

(c) Un résumé des faits pertinents, sauf pour les demandes adressées aux fins de la signification d’actes judiciaires;

(d) Une description de l’assistance requise et le détail de toute procédure particulière que la Partie requérante souhaite voir appliquer;

(e) Si possible, l’identité, l’adresse et la nationalité de toute personne visée; et

(f) Le but dans lequel le témoignage, les renseignements ou les mesures sont demandés.

11. La Partie requise peut demander un complément d’information lorsque cela lui parait nécessaire pour exécuter la demande conformément à sa législation ou lorsque cela peut faciliter l’exécution de la demande.

12. Toute demande est exécutée conformément à la législation de la Partie requise et, dans la mesure où cela ne contrevient pas à ladite législation, et lorsque cela est possible, conformément aux procédures spécifiées dans la demande.

13. La Partie requérante ne communique ni n’utilise les informations ou les témoignages fournis par la Partie requise pour des enquêtes, des poursuites pénales ou des procédures judiciaires autres que celles visées dans la demande sans le consentement préalable de la Partie requise.

14. La Partie requérante peut exiger que la Partie requise garde le secret sur la demande et sa teneur, sauf dans la mesure nécessaire pour y donner effet. Si la Partie requise ne peut satisfaire à cette exigence, elle en informe sans délai la Partie requérante.

15. L’entraide judiciaire peut être refusée:

(a) Si la demande n’est pas faite conformément aux dispositions du présent article;

(b) Si la Partie requise estime que l’exécution de la demande peut porter atteinte à sa souveraineté, à sa sécurité, à son ordre public ou à d’autres intérêts essentiels;

(c) Au cas où la législation de la Partie requise interdirait à ses autorités de prendre les mesures demandées s’il s’était agi d’une infraction analogue ayant fait l’objet d’une enquête, de poursuites pénales ou d’une procédure judiciaire dans le cadre de leur propre compétence;

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(d) Au cas où il serait contraire au système juridique de la Partie requise concernant l’entraide judiciaire d’accepter la demande.

16. Tout refus d’entraide judiciaire doit être motivé.

17. L’entraide judiciaire peut être différée par la Partie requise au motif qu’elle entraverait une enquête, des poursuites pénales ou une procédure judiciaire en cours. En pareil cas, la Partie requise consulte la Partie requérante afin de déterminer si cette entraide peut encore être fournie aux conditions jugées nécessaires par la Partie requise.

18. Un témoin, un expert ou une autre personne qui consent à déposer au cours d’une procédure ou à collaborer à une enquête, à des poursuites pénales ou à une procédure judiciaire sur le territoire de la Partie requérante ne sera ni poursuivi, ni détenu, ni puni, ni soumis à aucune autre restriction de sa liberté personnelle sur ce territoire pour des actes, omissions ou condamnations antérieurs à son départ du territoire de la Partie requise. Cette immunité cessera lorsque le témoin, l’expert ou ladite personne, ayant eu, pour une période de 15 jours consécutifs ou pour toute autre période convenue par les Parties, à compter de la date à laquelle ils ont été officiellement informés que leur présence n’était plus requise par les autorités judiciaires, la possibilité de quitter le territoire, y seront néanmoins demeurés volontairement ou, l’ayant quitté, y seront revenus de leur plein gré.

19. Les frais ordinaires encourus pour exécuter une demande sont à la charge de la Partie requise à moins qu’il n’en soit convenu autrement entre les Parties concernées. Lorsque des dépenses importantes ou extraordinaires sont ou se révèlent ultérieurement nécessaires pour exécuter la demande, les Parties se consulteront pour fixer les conditions selon lesquelles la demande sera exécutée ainsi que la manière dont les frais seront assumés.

20. Les Parties envisagent, le cas échéant, la possibilité de conclure des accords ou des arrangements bilatéraux ou multilatéraux qui servent les objectifs des dispositions du présent article, leur donnent un effet pratique ou les renforcent.

Article 8

Transfert des procédures répressive

Les Parties envisageront la possibilité de se transférer les procédures répressives relatives aux infractions établies conformément au paragraphe 1 de l’article 3 dans les cas où ce transfert est nécessaire dans l’intérêt d’une bonne administration de la justice.

Article 9

Autres formes de coopération et formation

1. Les Parties coopèrent étroitement, conformément à leurs systèmes juridiques et administratifs respectifs, en vue de renforcer l’efficacité de l’action de détection et de


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répression visant à mettre fin à la commission des infractions établies conformément au paragraphe 1 de l’article 3. En particulier, sur la base d’accords ou d’arrangements bilatéraux ou multilatéraux:

(a) Elles établissent et maintiennent des canaux de communication entre les organismes et services nationaux compétents en vue de faciliter l’échange sûr et rapide de renseignements concernant tous les aspects des infractions établies conformément au paragraphe 1 de l’article 3, y compris, si les Parties intéressées le jugent approprié, les liens de ce trafic avec d’autres activités délictueuses;

(b) Elles coopèrent entre elles, s’agissant d’infractions établies conformément au paragraphe 1 de l’article 3 et ayant un caractère international, en menant des enquêtes concernant:

(i) L’identité, le lieu où se trouvent et les activités qu’exercent des personnes soupçonnées des infractions établies conformément au paragraphe 1 de l’article 3;

(ii) Le mouvement des produits et des biens provenant de la commission desdites infractions;

(iii) Le mouvement des stupéfiants, substances psychotropes, substances inscrites au Tableau I et au Tableau II de la présente Convention et instruments utilisés ou destinés à être utilisés dans la commission de ces infractions;

(c) Lorsqu’il y a lieu et si cela n’est pas contraire à leur droit interne, elles créent, compte tenu de la nécessité de protéger la sécurité des personnes et des opérations, des équipes mixtes chargées de mettre en œuvre les dispositions du présent paragraphe. Les agents de toute Partie membres de telles équipes se conforment aux indications des autorités compétentes de la Partie sur le territoire de laquelle l’opération se déroule. Dans tous ces cas, les Parties intéressées veillent à ce que soit pleinement respectée la souveraineté de la Partie sur le territoire de laquelle l’opération se déroule;

(d) Elles fournissent, lorsqu’il y a lieu, les quantités nécessaires de substances à des fins d’analyse ou d’enquête;

(e) Elles facilitent une coordination efficace entre leurs organismes et services compétents et favorisent l’échange de personnel et d’experts, y compris le détachement d’agents de liaison.

2. Dans la mesure où cela est nécessaire, chaque Partie institue, développe ou améliore des programmes de formation spécifiques à l’intention des membres de ses services de détection et de répression et autres personnels, y compris les agents des douanes, chargés de

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la répression des infractions établies conformément au paragraphe 1 de l’article 3. Ces programmes devront porter notamment sur les points suivants:

(a) Les méthodes employées pour détecter et réprimer les infractions établies conformément au paragraphe 1 de l’article 3;

(b) Les itinéraires empruntés et les techniques employées par les personnes soupçonnées des infractions établies conformément au paragraphe l de l’article 3, en particulier dans les Etats de transit, et les mesures de lutte appropriées;

(c) Le contrôle de l’importation et de l’exportation des stupéfiants, substances psychotropes et substances inscrites au Tableau I et au Tableau II;

(d) La détection et le contrôle du mouvement des produits et des biens provenant de la commission des infractions établies conformément au paragraphe 1 de l’article 3, et des stupéfiants, substances psychotropes, substances inscrites au Tableau I et au Tableau II et instruments utilisés ou destinés à être utilisés pour commettre lesdites infractions;

(e) Les méthodes employées pour transférer, dissimuler ou déguiser ces produits, biens et instruments;

(f) Le rassemblement des éléments de preuve;

(g) Les techniques de contrôle dans les zones franches et les ports francs;

(h) Les techniques modernes de détection et de répression.

3. Les Parties s’entraident pour planifier et exécuter des programmes de formation et de recherche leur permettant d’échanger des connaissances spécialisées dans les domaines visés au paragraphe 2 du présent article et, à cette fin, organisent aussi, lorsqu’il y a lieu, des conférences et séminaires régionaux et internationaux pour stimuler la coopération et permettre l’examen de problèmes d’intérêt commun, y compris les problèmes et besoins particuliers des Etats de transit.

Article 10

Coopération internationale et assistance aux Etats de transit

1. Les Parties coopèrent, directement ou par l’intermédiaire des organisations internationales ou régionales compétentes, en vue d’aider et d’appuyer dans la mesure du possible les Etats de transit, et en particulier les pays en développement ayant besoin d’une telle assistance et d’un tel appui, au moyen de programmes de coopération technique visant à empêcher l’entrée et le transit illicites et concernant des activités connexes.