International Convention for the Suppression of the Financing of Terrorism
Parties with reservations, declarations and objections
Algeria
08-11-2001
The Government of the People's Democratic Republic of Algeria does not consider itself
bound by the provisions of article 24, paragraph 1, of the International Convention
for the Suppression of the Financing of Terrorism.
The Government of the People's Democratic Republic of Algeria declares that in order
for a dispute to be submitted to arbitration or to the International Court of Justice,
the agreement of all parties to the dispute shall be required in each case.
Andorra
22-10-2008
The Principality of Andorra does not consider itself bound by article 24, paragraph
1, of the
International Convention for the Suppression of the Financing of Terrorism. The Government
of the
Principality of Andorra hereby declares that, for a dispute to be referred to the
International Court of
Justice, the agreement of all parties shall in every case be required.
In accordance with article 7, paragraph 3 of the Convention for the Suppression of
the Financing of Terrorism, the Principality of Andorra declares that it has established
its jurisdiction over the offences set forth in article 7, paragraph 2 of the Convention.
Argentina
22-08-2005
Article 7, paragraph 3:
In relation to article 7, paragraph 3, of the Convention, the Argentine Republic declares
that the territorial scope of application of its criminal law is set forth in article
1 of the Argentine Penal Code (Act No. 11,729), which states:
"This Code shall apply:
1. To offences that are committed or that produce effects in the territory of the
Argentine nation, or in places under its jurisdiction;
2. To offences that are committed abroad by agents or employees of the Argentine authorities
during the performance of their duties".
The Argentine Republic shall therefore exercise jurisdiction over the offences defined
in article 7, paragraph 2 (c), and over the offences defined in article 7, paragraph
2 (a), (b) and (d), when they produce effects in the territory of the Argentine Republic
or in places under its jurisdiction, or when they were committed abroad by agents
or employees of the Argentine authorities during the performance of their duties.
With regard to the offences referred to in article 7, paragraph 2 (e), jurisdiction
over such offences shall be exercised in accordance with the legal provisions in force
in the Argentine Republic. In this regard, reference should be made to article 199
of the Argentine Aeronautical Code, which states:
"Acts occurring, actions carried out, and offences committed in a private Argentine
aircraft over Argentine territory or its jurisdictional waters, or where no State
exercises sovereignty, shall be governed by the laws of the Argentine nation and tried
by its courts.
Acts occurring, actions carried out, and offences committed on board a private Argentine
aircraft over foreign territory shall also fall under the jurisdiction of the Argentine
courts and the application of the laws of the nation if a legitimate interest of the
Argentine State or of persons domiciled therein are thereby injured or if the first
landing, following the act, action or offence, occurs in the Republic".
Australia
24-10-2002
... pursuant to article 7, paragraph 3 of the Convention, ... Australia has established jurisdiction in relation to all the circumstances referred to in article 7, paragraph 2 of the Convention.
Azerbaijan
16-06-2004
... in accordance with Article 7, paragraph 3, of the above-mentioned International Convention, the Republic of Azerbaijan declares that it establishes its jurisdiction in all the cases provided for in Article 7, paragraph 2, of the Convention.
Bahamas
01-11-2005
In accordance with article 2.2 of the Convention for the Suppression of the Financing
of Terrorism, the Government of the Commonwealth of The Bahamas declares that it is
not a party to the Agreements listed as items 5 to 9 in the annex referred to in paragraph
1, subparagraph (a) of the Convention and that those Agreements shall be deemed not
to be included in the annex referred to in paragraph 1, subparagraph (a). Those Agreements
are:
Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3rd
March, 1980.
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 Safety of Civil Aviation, done at Montreal on 24th February, 1988.
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
done at Rome on 10th March, 1988.
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms
located on the Continental Shelf, done at Rome, on 10th March, 1988.
International Convention for the Suppression of Terrorist Bombings adopted by the
General Assembly of the United Nations on 15th December, 1997.
Bahrain
21-09-2004
Reservation:
The Kingdom of Bahrain does not consider itself bound by paragraph 1 of Article 24
of the Convention.
Declaration:
The following Conventions shall be deemed not to be included in the annex referred
to in Article 2, paragraph 1, subparagraph (a), since Bahrain is not a party thereto:
1. 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.
2. International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on 17 December 1979.
3. Convention on the Physical Protection of Nuclear Material, signed at Vienna on
3 March 1980.
4. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988.
5. 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.
6. International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
Bangladesh
26-08-2005
Pursuant to Article 24, paragraph 2 of the Convention (the) Government of the People's
Republic of Bangladesh does not consider itself bound by the provisions of Article
24, paragraph 1 of the Convention.
Understanding
[The] Government of the People's Republic of Bangladesh understands that its accession
to this Convention shall not be deemed to be inconsistent with its international obligations
under the Constitution of the country.
Objection United Kingdom, 03-08-2006
The Government of the United Kingdom of Great Britain and Northern Ireland have examined the 'understanding' of the International Convention for the Suppression of the Financing of Terrorism made by the Government of the People's Republic of Bangladesh at the time of its accession to the Convention. The Government of the United Kingdom consider the understanding made by Bangladesh to be a reservation that seeks to limit the scope of the Convention on a unilateral basis.
Objection Germany, 11-08-2006
The Government of the Federal Republic of Germany has carefully examined the declaration
made by the Government of the People's Republic of Bangladesh upon accession to the
International Convention for the Suppression of the Financing of Terrorism. The People's
Republic of Bangladesh has declared that its accession to the Convention shall not
be deemed to be inconsistent with its obligations under the Constitution of the country.
The Government of the Federal Republic of Germany is of the opinion that this declaration
raises questions as to which obligations the People's Republic of Bangladesh intends
to give precedence to in the event of any inconsistency between the Convention and
its Constitution.
Declarations that leave it uncertain to what extent that State consents to be bound
by its contractual obligations are in the opinion of the Government of the Federal
Republic of Germany to be treated, in effect, as vague and general reservations, which
are not compatible with the object and purpose of a Convention.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
declaration made by the Government of the People's Republic of Bangladesh to the International
Convention for the Suppression of the Financing of Terrorism. This objection shall
not preclude the entry into force of the Convention as between the Federal Republic
of Germany and the People's Republic of Bangladesh.
Objection Latvia, 23-08-2006
The Government of the Republic of Latvia has carefully examined the 'understanding'
made by the People's Republic of Bangladesh to the International Convention for the
Suppression of the Financing of Terrorism upon accession.
Thus, the Government of the Republic of Latvia is of the opinion that the understanding
is in fact a unilateral act deemed to limit the scope of application of the International
Convention for the Suppression of the Financing of Terrorism and therefore, it shall
be regarded as a reservation.
Moreover, the Government of the Republic of Latvia has noted that the understanding
does not make it clear to what extent the People's Republic of Bangladesh considers
itself bound by the provisions of the International Convention for the Suppression
of the Financing of Terrorism and whether the way of implementation of the provisions
of the aforementioned Convention is in line with the object and purpose of the Convention.
The Government of the Republic of Latvia therefore objects to the aforesaid reservation
made by the People's Republic of Bangladesh to the International Convention for the
Suppression of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the International
Convention for the Suppression of the Financing of Terrorism between the Republic
of Latvia and the People's Republic of Bangladesh. Thus, the International Convention
for the Suppression of the Financing of Terrorism will become operative without People's
Republic of Bangladesh benefiting from its reservation.
Objection Netherlands, the Kingdom of the, 25-08-2006
The Government of the Kingdom of the Netherlands has examined the declaration made
by the Government of the People's Republic of Bangladesh upon accession to the International
Convention for the Suppression of the Financing of Terrorism. The People's Republic
of Bangladesh has declared that its accession to the Convention shall not be deemed
to be inconsistent with its international obligations under the Constitution of the
country. The Government of the Kingdom of the Netherlands is of the opinion that this
declaration raises questions as to which obligations the People's Republic of Bangladesh
intends to give precedence to in the event of any inconsistency between the Convention
and its Constitution. Declarations that leave it uncertain to what extent a State
consents to be bound by its contractual obligations are in the opinion of the Government
of the Kingdom of the Netherlands to be treated, in effect, as general reservations,
which are not compatible with the object and purpose of a Convention.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned
declaration made by the Government of the People's Republic of Bangladesh to the International
Convention for the Suppression of the Financing of Terrorism. This objection shall
not preclude the entry into force of the Convention as between the Kingdom of the
Netherlands and the People's Republic of Bangladesh.
Objection Canada, 31-08-2006
The Government of Canada has examined the understanding made by the People's Republic
of Bangladesh at the time of its accession to the International Convention for the
Suppression of the Financing of Terrorism and considers that the "understanding" is,
in fact, a reservation that seeks to limit the scope of the Convention on a unilateral
basis.
The Government of Canada recalls that, according to Article 19 (c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
The Government of Canada therefore objects to the aforesaid reservation made by the
People's Republic of Bangladesh to the International Convention for the Suppression
of the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between Canada and the People's Republic of Bangladesh.
Belarus
06-10-2004
The Republic of Belarus establishes its jurisdiction over all offenses set forth in article 2 of the Convention in the cases described in article 7, paragraphs 1 and 2.
Belgium
17-05-2004
As for article 14 of the Convention, the Government of Belgium makes the following
reservation:
1. In exceptional circumstances, the Government of Belgium reserves the right to refuse
extradition or mutual legal assistance in respect of any offence set forth in article
2 which it considers to be a political offence or as an offence connected with a political
offence or as an offence inspired by political motives.
2. In cases where the preceding paragraph is applicable, Belgium recalls that it is
bound by the general legal principle aut dedere aut judicare, pursuant to the rules
governing the competence of its courts.
Declaration :
I. Concerning article 2, paragraph 2 (a), of the Convention, the Government of Belgium
declares the following:
The following treaties are to be deemed not to be included in the annex:
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;
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
(Rome, 10 March 1988);
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms
Located on the Continental Shelf (Rome, 10 March 1988);
International Convention for the Suppression of Terrorist Bombings, adopted by the
General Assembly of the United Nations on 15 December 1997.
II. The Government of Belgium interprets paragraphs 1 and 3 of article 2 as follows:
an offence in the sense of the Convention is committed by any person who provides
or collects funds if by doing so he contributes, fully or partly, to the planning,
preparation or commission of an offence as defined in article 2, paragraph 1 (a) and
(b) of the Convention. There is no requirement to prove that the funds provided or
collected have been used precisely for a particular terrorist act, provided that they
have contributed to the criminal activities of persons whose goal was to commit the
acts set forth in article 2, paragraph 1 (a) and (b).
Belgium also wishes to make the following declaration of jurisdiction: In accordance
with the provisions of article 7, paragraph 3, of the Convention, Belgium declares
that, pursuant to its national legislation, it establishes its jurisdiction over offences
committed in the situations referred to in article 7, paragraph 2 of the Convention.
Objection Canada, 18-05-2005
The Government of Canada considers the Reservation to be contrary to the terms of
Article 6 of the Convention, according to which States Parties commit themselves to
".....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."
The Government of Canada notes that, under established principles of international
treaty law, as reflected in Article 19 (c) of the Vienna Convention on the Law of
Treaties, a reservation that is incompatible with the object and purpose of the treaty
shall not be permitted.
The Government of Canada therefore objects to the Reservation relating to Article
2 made by the Government of Belgium upon ratification of the International Convention
for the Suppression of the Financing of Terrorism because it is contrary to the object
and purpose of the Convention. This objection does not, however, preclude the entry
into force of the Convention between Canada and Belgium.
Objection Germany, 18-05-2005
The Government of the Federal Republic of Germany has carefully examined the reservation
made by the Government of the Kingdom of Belgium upon ratification of the International
Convention for the Suppression of the Financing of Terrorism with respect to its Article
14. With this reservation, the Government of the Kingdom of Belgium expresses that
it reserves the right to refuse extradition or mutual legal assistance in respect
of any offence which it considers to be politically motivated. In the opinion of the
Government of the Federal Republic of Germany, this reservation seeks to limit the
Convention's scope of application in a way that is incompatible with the objective
and purpose of the Convention.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
reservation made by the Government of the Kingdom of Belgium to the International
Convention for the Suppression of the Financing of Terrorism. This objection does
not preclude the entry into force of the Convention between the Federal Republic of
Germany and the Kingdom of Belgium.
Objection Netherlands, the Kingdom of the, 20-05-2005
The Government of the Kingdom of the Netherlands has examined the reservation made
by the Government of Belgium regarding Article 14 of the International Convention
for the suppression of the financing of terrorism made at the time of its ratification
of the Convention.
The Government of the Kingdom of the Netherlands notes that the reservation made by
the Government of Belgium is expressed to apply only "in exceptional circumstances"
and that, notwithstanding the application of the reservation, Belgium continues to
be bound by the general legal principle of aut dedere aut judicare. The Government
of the Kingdom of the Netherlands further notes that the exceptional circumstances
that are envisaged in paragraph 1 of the reservation made by the Government of Belgium
are not specified in the reservation.
The Government of the Kingdom of the Netherlands considers the offences set forth
in Article 2 of the Convention to be of such grave nature, that the provisions of
Article 14 should apply in all circumstances.
Furthermore the Government of the Kingdom of the Netherlands recalls the principle
that claims of political motivation must not be recognised as grounds for refusing
requests for the extradition of alleged terrorists.
The Government of the Kingdom of the Netherlands therefore objects to the reservation
made by the Government of Belgium to the International Convention for the suppression
of the financing of terrorism.
This objection shall not preclude the entry into force of the Convention between Belgium
and the Kingdom of the Netherlands, without Belgium benefiting from its reservation.
Objection United States of America, 20-05-2005
The Government of the United States of America has examined the reservation made by Belgium on 17 May 2004 at the time of ratification of the International Convention for the Suppression of the Financing of Terrorism. The Government of the United States objects to the reservation relating to Article 14, which provides that a request for extradition or mutual legal assistance may not be refused on the sole ground that it concerns a political offense or an offense connected with a political offense or an offense inspired by political motives. The Government of the United States understands that the intent of the Government of Belgium may have been narrower than apparent from its reservation in that the Government of Belgium would expect its reservation to apply only in exceptional circumstances where it believes that, because of the political nature of the offense, an alleged offender may not receive a fair trial. The United States believes the reservation is unnecessary because of the safeguards already provided for under Articles 15, 17 and 21 of the Convention. However, given the broad wording of the reservation and because the Government of the United States considers Article 14 to be a critical provision in the Convention, the United States is constrained to file this objection. This objection does not preclude entry into force of the Convention between the United States and Belgium.
Objection Spain, 20-05-2005
The Government of the Kingdom of Spain has examined the reservation made by the Government
of the Kingdom of Belgium to article 14 of the International Convention for the Suppression
of the Financing of Terrorism at the time of ratifying the Convention.
The Government of the Kingdom of Spain considers that the reservation is incompatible
with the object and purpose of the Convention.
The Government of the Kingdom of Spain considers, in particular, that Belgium's reservation
is incompatible with article 6 of the Convention, whereby States Parties undertake
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
The Government of the Kingdom of Spain recalls that, under the norm of customary law
laid down in the 1969 Vienna Convention on the law of treaties (article 19 c)), reservations
which are incompatible with the object and purpose of a treaty are prohibited.
The Government of the Kingdom of Spain therefore objects to the reservation made by
the Government of the Kingdom of Belgium to article 14 of the International Convention
for the Suppression of the Financing of Terrorism.
This objection shall not impede the entry into force of the Convention between the
Kingdom of Spain and the Kingdom of Belgium.
Objection Italy, 20-05-2005
The Government of Italy has examined the reservation to the International Convention
for the Suppression of the Financing of Terrorism made by the Government of Belgium
at the time of its ratification to the Convention. The Government of Italy considers
the reservation by Belgium to be a unilateral limitaton on the scope of the Convention,
which is contrary to its object and purpose, namely the suppression of the financing
of terrorism, irrespective of where it takes place and of who carries it out.
The Government of Italy recalls that, according to Article 19 (c) of the Vienna Convention
on the Law of the Treaties, a reservation incompatible with the object and purpose
of the Convention shall not be permitted. The Government of Italy therefore objects
to the aforementioned reservation made by the Government of Belgium to the International
Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between Italy
and Belgium.
Objection United Kingdom, 20-05-2005
The Government of the United Kingdom of Great Britain and Northern Ireland have examined
the reservation relating to Article 14 of the International Convention for the Suppression
of the Financing of Terrorism made by the Government of Belgium at the time of its
ratification of the Convention.
The Government of the United Kingdom note that the effect of the said reservation
is to disapply the provisions of Article 14 in exceptional circumstances. Article
14 provides that:
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
inspired by political motives.
The Government of the United Kingdom note that the provisions of Article 14 reflect
in part the principle that claims of political motivation not be recognised as grounds
for refusing requests for the extradition of alleged terrorists. The Government of
the United Kingdom consider this principle to be an important measure in the fight
against terrorism and the provisions of Article 14 of the Convention in particular
to be an essential measure in States-efforts to suppress the financing of terrorist
acts.
The Government of the United Kingdom note that paragraph 1 of the reservation made
by the Government of Belgium is expressed to apply only in exceptional circumstances
and that, notwithstanding the application of the reservation, Belgium continues to
be bound by the principle of aut dedere aut judicare as set out in Article 10 of the
Convention. The Government of the United Kingdom note further, however, that the exceptional
circumstances that are envisaged are not specified in the reservation.
In light of the grave nature of the offences set forth in Article 2 of the Convention,
the Government of the United Kingdom consider that the provisions of Article 14 should
apply in all circumstances. A reservation that seeks to disapply Article 14, even
while reaffirming the application of the principle of aut dedere aut judicare, undermines
the effectiveness of the provisions of Article 14 of the Convention as a measure in
States-efforts to suppress the financing of terrorist acts.
The Government of the United Kingdom therefore objects to the aforesaid reservation
made by the Government of Belgium to the International Convention for the Suppression
of the Financing of Terrorism. However, this objection shall not preclude the entry
into force of the Convention between the United Kingdom and Belgium.
Objection Russian Federation, 07-06-2005
Russia considers the Convention as an instrument designed to establish a solid and
effective mechanism for cooperation between States in preventing and fighting the
financing of terrorism regardless of its forms and motives. One of the basic rationales
for the establishing of this mechanism is achievement of a common and impartial approach
by States to the notion of an offence that consists in financing terrorists and terrorist
organizations, as well as to the principles of prosecution and punishment of its perpetrators.
Russia notes that for the purposes of consistent prosecution and prevention of offences
related to the financing of terrorism there is, inter alia, a clearly stipulated obligation
of its States Parties under the Convention, when considering the issues of extradition
based on this offence or mutual legal assistance, not to invoke any presumed connection
of the committed offence with political motives.
In Russia's view, conceding to a State Party to the Convention the right to refuse
extradition or mutual legal assistance on the ground that the committed offence is
of political nature or connected with a political offence or inspired by political
motives, impairs the rights and obligations of other States Parties to the Convention
to establish their jurisdiction over the offences set forth in the Convention and
prosecute perpetrators of such offences.
Moreover, defining an offence as political or connected with a political offence is
not an objective criterion and introduces considerable uncertainty to the relations
between the States Parties to the Convention.
Thus Russia is of the view that the reservation made by the Kingdom of Belgium can
jeopardize the consistent implementation of the Convention and achievement of its
key objectives, including creation of favourable conditions for concerted efforts
by the international community to counter terrorism and crimes contributing to commitment
of acts of terrorism.
Russia reiterates its unequivocal condemnation of all acts, methods and practices
of terrorism in all its forms and manifestations as well as any kind of assistance
(including financial) in commitment of such acts, and calls upon the Kingdom of Belgium
to review its position expressed in the reservation.
Objection Argentina, 22-08-2005
The Government of the Argentine Republic has examined the reservation made by the
Government of the Kingdom of Belgium, whereby, in exceptional circumstances, that
Government reserves the right to refuse extradition or mutual legal assistance in
respect of any offence set forth in article 2 which it considers to be a political
offence or an offence connected with a political offence or an offence inspired by
political motives.
As its provisions make clear, the intent of article 14 is to establish the inoperability
of the nature or political motives of the offence. Article 14 is thus categorical
and does not allow for exceptions of any kind. The Government of the Argentine Republic
therefore believes that a reservation of this nature is incompatible with the object
and purpose of the Convention, and cannot accept it.
The effect of the reservation would not be offset by the affirmation of the principle
aut dedere aut judicare in paragraph 2 of the reservation, since the application of
this principle derives from the provisions of the Convention and does not require
confirmation by States Parties. Moreover, the application of this principle, in the
event that extradition does not take place, entails the exercise of local criminal
jurisdiction, but the exclusion made by the Government of the Kingdom of Belgium rules
out mutual legal assistance from the outset.
The Government of the Argentine Republic therefore objects to the reservation made
by the Government of the Kingdom of Belgium concerning article 14 of the International
Convention for the Suppression of the Financing of Terrorism. This objection shall
not impede the entry into force of the Convention between the Argentine Republic and
the Kingdom of Belgium.
28-01-2008
Withdrawal of the reservation in respect of Article 14 made upon ratification.
Bolivia
13-02-2002
…by virtue of the provisions of article 7, paragraph 3, of the International Convention for the Suppression of the Financing of Terrorirsm, the Republic of Bolivia states that it establishes its jurisdiction in accordance with its domestic law in respect of offences committed in the situations and conditions provided for under article 7, paragraph 2, of the Convention.
Brazil
10-11-2001
Interpretative declarations to be made by the Federal Republic of Brazil on the occasion
of signing of the International Convention for the Suppression of the Financing of
Terrorism:
1. As concerns Article 2 of the said Convention, three of the legal instruments listed
in the Annex to the Convention have not come into force in Brazil. These are the Convention
for the Suppression of Unlawful Acts against the Safety of Maritime Navigation; Protocol
for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located
on the Continental Shelf; and the International Convention for the Suppression of
Terrorist Bombings.
2. As concerns Article 24, paragraph 2 of the said Convention, Brazil does not consider
itself obligated by paragraph 1 of the said Article, given that it has not recognized
the mandatory jurisdiction clause of the International Court of Justice.
26-09-2005
The Government of Brazil would like to inform that according to the provisions of Article 7, paragraph 3 of the International Convention for the Suppression of Financing of Terrorism, by ratifying that instrument the Federative Republic of Brazil will exercise jurisdiction over all hypotheses foreseen in items "a" to "e" of paragraph 2 of the same article.
Chile
10-11-2001
In accordance with article 7, paragraph 3, of the International Convention for the Suppression of the Financing of Terrorism, the Government of Chile declares that, in accordance with article 6, paragraph 8, of the Courts Organization Code of the Republic of Chile, crimes and ordinary offenses committed outside the territory of the Republic which are covered in treaties concluded with other Powers remain under Chilean jurisdiction.
China
19-04-2006
1. The People's Republic of China shall not be bound by paragraph 1 of article 24
of the Convention.
2. In accordance with paragraph 3 of Article 7 of the Convenion, the People's Republic
of China has established the jurisdiction over five offences stipulated in paragraph
2 of Article 7 of the Convention but this jurisdiction shall not apply to the Hong
Kong Special Administrative Region of the People's Republic of China.
3. As to the Macao Special Administrative Region of the People's Republic of China,
the following three Conventions shall not be included in the annex referred to in
Article 2, paragraph 1, subparagraph (a) of the Convention:
(1) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980.
(2) Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988.
(3) 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
19-04-2006
1. With a communication with respect to Hong Kong and Macao:
1. In accordance with the provisions of Article 153 of the Basic Law of the Hong Kong
Special Administrative Region of the People's Republic of China and Article 138 of
the Basic Law of the Macao Special Administrative Region of the People's Republic
of China, the Government of the People's Republic of China decides that the Convention
shall apply to the Hong Kong Special Administrative Region and the Macao Special Administrative
Region of the People's Republic of China.
2. The reservation made by the People's Republic of China on paragraph 1 of Article
24 of the Convention shall apply to the Hong Kong Special Administrative Region and
the Macao Special Administrative Region of the People's Republic of China.
3. The jurisdiction over five offences established by the People's Republic of China
in accordance with paragraph 2 of Article 7 of the Convention shall not apply to the
Hong Kong Special Administrative Region of the People's Republic of China.
4. As to the Macao Special Administrative Region of the People's Republic of China,
the following three Conventions shall not be included in the annex referred to in
Article 2, paragraph 1, subparagraph (a) of the Convention :
(1) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980.
(2) Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988.
(3) 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.
Colombia
14-09-2004
By virtue of article 24, paragraph 2, of the Convention, Colombia declares that it
does not consider itself bound by paragraph 1 of the said article.
Furthermore, by virtue of article 7, paragraph 3, of the Convention, Colombia states
that it establishes its jurisdiction in accordance with its domestic law in accordance
with paragraph 2 of the same article.
Cook Islands
04-03-2004
In accordance with the provisions of article 2, paragraph 2, subparagraph (a) of the
International Convention for the Suppression of the Financing of Terrorism, the Government
of the Cook Islands declares:
That in the application of this Convention, the treaties listed in the annex, referred
to in article 2, paragraph 1, subparagraph (a) shall be deemed not to be included,
given that the Cook Islands is not yet a party to the following Conventions:
(i) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980;
(ii) 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;
(iii) Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988;
(iv) 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;
(v) International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
... the Government of the Cook Islands makes the following notification that pursuant
to article 7, paragraph 3 of the Convention, the Cook Islands establishes its jurisdiction
in relation to all cases referred to in article 7, paragraph 2 of the Convention.
Croatia
01-12-2003
The Republic of Croatia, pursuant to Article 2 paragraph 2 of the International Convention
for the Suppression of the Financing of Terrorism, declares that in the application
of the Convention to the Republic of Croatia the following treaties shall be deemed
not to be included in the Annex referred to in Article 2, paragraph 1, subparagraph
(a) of the Convention:
1. International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on 17 December 1979,
2. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988,
3. 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,
4. International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
Pursuant to Article 7, paragraph 3 of the International Convention for the Suppression
of the Financing of Terrorism the Republic of Croatia notifies the Secretary-General
of the United Nations that it has established jurisdiction over the offence set forth
in Article 2 in all the cases described in Article 7, paragraph 2 of the Convention.
Cuba
15-11-2001
The Republic of Cuba declares, pursuant to article 24, paragraph 2, that it does not consider itself bound by paragraph 1 of the said article, concerning the settlement of disputes arising between States Parties, inasmuch as it considers that such disputes must be settled through amicable negotiation. In consequence, it declares that it does not recognize the compulsory jurisdiction of the International Court of Justice.
Cyprus
27-12-2001
In accordance with paragraph 3 of Article 7, the Republic of Cyprus declares that by section 7.1 of the International Convention for the Suppression of the Financing of Terrorism (Ratification and other Provisions) Law No. 29 (III) of 2001, it has established jurisdiction over the offences set forth in Article 2 in all circumstances described in paragraph 2 of article 7 of the Convention.
Czech Republic
27-12-2005
In accordance with article 7, paragraph 3 of the Convention, the Czech Republic notifies that it has established its jurisdiction over the offences set forth in article 2 of the Convention in all cases referred to in article 7, paragraph 2 of the Convention.
Democratic People's Republic of Korea
12-11-2001
1. The Democratic People's Republic of Korea does not consider itself bound by the
provisions of article 2, paragraph 1, sub-paragraph (a) of the Convention.
2. The Democratic People's Republic of Korea does not consider itself bound by the
provisions of article 14 of the Convention.
3. The Democratic People's Republic of Korea does not consider itself bound by the
provisions of article 24, paragraph 1 of the Convention.
Objection Netherlands, the Kingdom of the, 01-05-2002
The Government of the Kingdom of the Netherlands has examined the reservations made
by the Government of the Democratic People's Republic of Korea regarding article 2,
paragraph 1 (a), and article 14 of the International Convention for the suppression
of the financing of terrorism made at the time of its signature of the said Convention.
The Government of the Kingdom of the Netherlands considers that the reservations made
by the Democratic People's Republic of Korea regarding article 2, paragraph 1 (a),
and article 14 of the Convention are reservations incompatible with the object and
purpose of the Convention.
The Government of the Kingdom of the Netherlands recalls that, according to Article
19 (c) of the Vienna Convention on the law of treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservations made by the Government of the Democratic People's Republic of Korea to
the International Convention for the suppression of the financing of terrorism.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and the Democratic People's Republic of Korea.
Objection United Kingdom, 22-11-2002
The signature of the Democratic People's Republic of Korea was expressed to be subject to reservations in respect of Article 2 (1) (a), Article 14 and Article 24 (1) of the Convention. The United Kingdom objects to the reservations entered by the Democratic People's Republic of Korea in respect of Article 2 (1) (a) and Article 14 of the Convention, which it considers to be incompatible with the object and purpose of the Convention.
Objection Sweden, 27-11-2002
The Government of Sweden has examined the reservation made by the Democratic People's
Republic of Korea at the time of its signature of the International Convention for
the Suppression of the Financing of Terrorism, regarding article 2, paragraph 1, sub-paragraph
(a) and article 14 of the Convention.
The Government of Sweden considers those reservations made by the Democratic People's
Republic of Korea incompatible with the object and purpose of the Convention.
The Government of Sweden would like to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Sweden therefore objects to the aforesaid reservation made by the
Government of the Democratic People's Republic of Korea to the International Convention
for the Suppression of the Financing of Terrorism. This objection shall not preclude
the entry into force of the Convention between the Democratic People's Republic of
Korea and Sweden. The Convention enters into force in its entirety between the two
States, without the Democratic People's Republic of Korea benefiting from its reservation.
Objection Norway, 03-12-2002
The Government of Norway has examined the reservations made by the Government of the
Democratic People's Republic of Korea upon signature of the International Convention
for the Suppression of the Financing of Terrorism.
It is the position of the Government of Norway that the reservations with regard to
paragraph 1 (a) of Article 2 and Article 14 are incompatible with the object and purpose
of the Convention, as they purport to exclude the application of core provisions of
the Convention. The Government of Norway recalls that, in accordance with well-established
treaty law, a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Norway therefore objects to the aforesaid reservations made by the
Government of the Democratic People's Republic of Korea. This objection does not preclude
the entry into force, in its entirety, of the Convention between the Kingdom of Norway
and the Democratic People's Republic of Korea. The Convention thus becomes operative
between the Kingdom of Norway and the Democratic People's Republic of Korea without
the Democratic People's Republic of Korea benefiting from these reservations.
Objection Spain, 03-12-2002
The Government of Spain has examined the reservations made by the Government of the
Democratic People's Republic of Korea on 12 November 2001 to articles 2, paragraph
1 (a), and 14 of the International Convention for the Suppression of the Financing
of Terrorism (New York, 9 December 1999).
The Government of the Kingdom of Spain considers that those reservations are incompatible
with the object and purpose of that Convention, since their aim is to release the
People's Democratic Republic of Korea from any commitment with regard to two essential
aspects of the Convention.
The Government of the Kingdom of Spain observes that according to the rule of customary
law embodied in article 19 (c) of the 1969 Vienna Convention on the Law of Treaties,
reservations incompatible with the object and purpose of treaties are prohibited.
The Government of the Kingdom of Spain therefore objects to the aforementioned reservations
made by the Government of the People's Democratic Republic of Korea to the International
Convention for the Suppression of Financing of Terrorism.
This objection does not prevent the entry into force of the aforementioned Convention
between the Kingdom of Spain and the People's Democratic Republic of Korea.
Objection France, 04-12-2002
The Government of the French Republic has examined the reservations made by the Government
of the Democratic People's Republic of Korea on 12 November 2001, when it signed the
International Convention on the Suppression of the Financing of Terrorism, which was
opened for signature on 10 January 2000. By indicating that it does not consider itself
bound by the provisions of article 2, paragraph 1, subparagraph (a), the Government
of the Democratic People's Republic of Korea excludes from the definition of offences
within the meaning of the Convention the financing of any act which constitutes an
offence within the scope of and as defined in the treaties listed in the annex.
Under article 2, paragraph 2 (a), a State Party is entitled to exclude from the definition
of offences within the meaning of the Convention the financing of acts which constitute
offences within the scope of and as defined in any treaty listed in the annex to which
it is not party; however, it is not entitled to exclude from the definition of offences
within the meaning of the Convention the financing of acts which constitute offences
within the scope of and as defined in any treaty listed in the annex to which it is
party. It just so happens that the Democratic People's Republic of Korea is party
to some of those treaties.
The Government of the French Republic lodges an objection to the reservation made
by the Democratic People's Republic of Korea regarding article 2, paragraph 1 (a)
of the Convention.
Objection Moldova, 06-10-2003
The Government of the Republic of Moldova has examined the reservations made by the
Government of the Democratic People's Republic of Korea upon signature of the International
Convention for the Suppression of Financing of Terrorism.
The Government of the Republic of Moldova considers that the reservations with regard
to article 2, paragraph 1 (a), and article 14 are incompatible with the object and
purpose of the Convention, as they purport to exclude the application of core provisions
of the Convention.
The Government of the Republic of Moldova recalls that, according to Article 19 (c)
of the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of the Convention shall not be permitted. It is in the common interest
of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
The Government of the Republic of Moldova therefore objects to the aforesaid reservations
made by the Government of the Democratic People's Republic of Korea to the International
Convention for the Suppression of Financing of Terrorism.This objection shall not
preclude the entry into force of the Convention between the Republic of Moldova and
the Democratic People's Republic of Korea. The Convention enters into force in its
entirety between the two States, without the Democratic People's Republic of Korea
benefiting from its reservations.
Objection Germany, 17-06-2004
The Government of the Federal Republic of Germany has carefully examined the reservations
made by the Government of the Democratic People's Republic of Korea upon signature
of the International Convention for the Suppression of the Financing of Terrorism.
In the opinion of the Government of the Federal Republic of Germany the reservations
with respect to article 2 paragraph 1 (a) and article 14 of the Convention are incompatible
with the object and purpose of the Convention, since they are intended to exclude
the application of fundamental provisions of the Convention.
The Government of the Federal Republic of Germany therefore objects to the aforementioned
reservations made by the Government of the Democratic People's Republic of Korea to
the International Convention for the Suppression of the Financing of Terrorism. This
objection does not preclude the entry into force of the Convention between the Federal
Republic of Germany and the Democratic People's Republic of Korea.
Objection Argentina, 22-08-2005
The Government of the Argentine Republic has examined the reservation made by the
Government of the Democratic People's Republic of Korea, whereby it does not consider
itself bound by the provisions of article 2, paragraph 1 (a), of the Convention.
The effect of the reservation to article 2, paragraph 1 (a), would be to exclude from
consent the financing of the acts of terrorism listed in the annex to the article.
This means that the obligation to criminalize the financing of terrorism, provided
for in article 2, paragraph 1, would be void, since that obligation necessarily refers
to the acts mentioned in the annex to paragraph 1 (a). This reservation is therefore
incompatible with the object and purpose of the Convention, since its legal consequence
would be to exclude from consent the main obligation deriving from it.
The Government of the Argentine Republic has also examined the reservation made by
the Government of the Democratic People's Republic of Korea, whereby it does not consider
itself bound by the provisions of article 14 of the Convention.
As its provisions make clear, the intent of article 14 is to establish the inoperability
of the nature or political motives of the offence. Article 14 is thus categorical,
and does not allow for exceptions of any kind. The Government of the Argentine Republic
therefore believes that a reservation of this nature is incompatible with the object
and purpose of the Convention, and cannot accept it.
The Government of the Argentine Republic therefore objects to the reservations made
by the Government of the Democratic People's Republic of Korea concerning article
2, paragraph 1 (a), and article 14 of the International Convention for the Suppression
of the Financing of Terrorism. This objection shall not impede the entry into force
of the Convention between the Argentine Republic and the Democratic People's Republic
of Korea.
25-07-2013
1. The reservation relating to Article 2, paragraph 1, sub-paragraph (a) of the Convention
shall be amended to read as 'The Democratic People's Republic of Korea does not consider
itself bound by the treaties to which it is not a party among the treaties listed
in the Annex of the Convention.'
2. The reservation relating to Article 14 of the Convention shall be withdrawn.
3. The reservation relating to Article 24, paragraph 1 of the Convention shall remain
valid.
Denmark
27-08-2002
Pursuant to article 7, paragraph 3, of the International Convention for the Suppression
of the Financing of Terrorism Denmark declares that section 6-12 of the Danish Criminal
Code provide for Danish jurisdiction in respect of offences set forth in article 2
of the Convention in all the circumstances laid down in article 7, paragraph 2, of
the Convention.
With a territorial exclusion with respect of the Faroe Islands and Greenland.
Egypt
01-03-2005
Reservations and declaration:
1. Under article 2, paragraph 2 (a), of the Convention, the Government of the Arab
Republic of Egypt considers that, in the application of the Convention, conventions
to which it is not a party are deemed not included in the annex.
2. Under article 24, paragraph 2, of the Convention, the Government of the Arab Republic
of Egypt does not consider itself bound by the provisions of paragraph 1 of that article.
Explanatory declaration:
Without prejudice to the principles and norms of general international law and the
relevant United Nations resolutions, the Arab Republic of Egypt does not consider
acts of national resistance in all its forms, including armed resistance against foreign
occupation and aggression with a view to liberation and self-determination, as terrorist
acts within the meaning of article 2, paragraph 1, subparagraph (b), of the Convention.
Objection Latvia, 30-09-2003
The Government of the Republic of Latvia has examined the explanatory reservation
made by the Arab Republic of Egypt to the International Convention of the Suppression
of the Financing of Terrorism upon accession to the Convention regarding Article 2
paragraph 1 (b) thereof.
The Government of the Republic of Latvia is of the opinion that this explanatory declaration
is in fact unilateral act that is deemed to limit the scope of the Convention and
therefore should be regarded as reservation. Thus, this reservation contradicts to
the objectives and purposes of the Convention to suppress the financing of terrorist
acts wherever and by whomsoever they may be carried out.
Moreover, the Government of the Republic of Latvia considers that the reservation
conflicts with the terms of Article 6 of the Convention setting out the obligation
for States Parties to adopt such measures as may be necessary to ensure that criminal
acts within the scope of the Convention are under no circumstances justifiable by
considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature.
The Government of the Republic of Latvia recalls that customary international law
as codified by Vienna Convention on the Law of Treaties, and in particular Article
19 (c), sets out that reservations that are incompatible with the object and purpose
of a treaty are not permissible.
The Government of the Republic of Latvia therefore objects to the aforesaid reservation
made by the Arab Republic of Egypt to the International Convention for the Suppression
of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the Arab Republic of Egypt. Thus, the Convention
will become operative without the Arab Republic of Egypt benefiting from its reservation.
Objection Italy, 12-01-2005
The Government of Italy has examined the explanatory declaration made by the Government
of the Arab Republic of Egypt upon ratification of the International Convention for
the Suppression of the Financing of Terrorism, according to which the Arab Republic
of Egypt does not consider acts of national resistance in all its forms, including
armed resistance against foreign occupation and aggression with a view of liberation
and self-determination, as terrorist acts within the meaning of paragraph 1 (b) of
Article 2 of the Convention.
The Government of Italy recalls that the designation assigned to a statement whereby
the legal effect of certain provisions of a treaty is excluded or modified does not
determine its status as a reservation to the treaty. The Government of Italy considers
that the declaration made by the Government of the Arab Republic of Egypt in substance
constitutes a reservation.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Italy further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which the States parties are under an
obligation to adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of the Convention
are under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or other similar nature.
The Government of Italy wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become Parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Italy therefore objects to the reservation made by the Arab Republic
of Egypt to the International Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Arab Republic of Egypt and Italy. The Convention enters into force between the Arab
Republic of Egypt and Italy without the Arab Republic of Egypt benefiting from its
reservation.
Objection Finland, 20-07-2005
The Government of Finland has carefully examined the contents of the interpretative
declaration relating to paragraph 1 (b) of article 2 of the Convention for the Suppression
of the Financing of Terrorism made by the Government of the Arab Republic of Egypt.
The Government of Finland is of the view that the declaration amounts to a reservation
as its purpose is to unilaterally limit the scope of the Convention. The Government
of Finland further considers the declaration to be in contradiction with the object
and purpose of the Convention, namely the suppression of the financing of terrorist
acts wherever and by whomever they may be carried out.
The declaration is, furthermore, contrary to the terms of Article 6 of the Convention
according to which State Parties commit themselves to adopt measures as may be necessary
to ensure that criminal acts within the scope of the Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or similar nature.
The Government of Finland wishes to recall that, according to the customary international
law as codified in the Vienna Convention on the Law of the Treaties, a reservation
incompatible with the object and purpose of the Convention shall not be permitted.
It is in the common interest of states that treaties to which they have chosen to
become parties are respected as to their object and purpose and that states are prepared
to undertake any legislative changes necessary to comply with their obligations under
the treaties.
The Government of Finland therefore objects to the above-mentioned interpretative
declaration made by the Government of the Arab Republic of Egypt to the Convention.
This objection does not preclude the entry into force of the Convention between the
Arab Republic of Egypt and Finland. The Convention will thus become operative between
the two states without the Arab Republic of Egypt benefiting from its declaration.
Objection Belgium, 25-07-2005
The Government of the Kingdom of Belgium has examined the reservation formulated by
the Government of the Arab Republic of Egypt upon ratification of the International
Convention for the Suppression of the Financing of Terrorism, in particular the part
of the reservation in which the Government of the Arab Republic of Egypt declares
that it "does not consider acts of national resistance in all its forms, including
armed resistance against foreign occupation and aggression with a view to liberation
and self-determination, as terrorist acts within the meaning of article 2, [paragraph
1], subparagraph (b), of the Convention". The Government of Belgium considers that
this reservation is a reservation that seeks to limit the scope of the Convention
on a unilateral basis and that is contrary to its object and purpose, namely, the
suppression of the financing of terrorist acts, wherever and by whomever committed.
Moreover, this declaration is contrary to article 6 of the Convention, according to
which "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".
The Government of Belgium recalls that, according to article 19, paragraph (c), of
the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of the Convention shall not be permitted.
The Government of Belgium therefore objects to the aforementioned reservation made
by the Government of Egypt to the International Convention for the Suppression of
the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between Belgium and Egypt.
Objection France, 15-08-2005
The Government of the French Republic has examined the declaration made by the Government of the Arab Republic of Egypt upon ratification of the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999, whereby Egypt "… does not consider acts of national resistance in all its forms, including armed resistance against foreign occupation and aggression with a view to liberation and self-determination, as terrorist acts within the meaning of article 2,[paragraph 1], subparagraph (b), of the Convention …". However, the Convention applies to the suppression of the financing of all acts of terrorism and states particularly in its article 6 that "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". The Government of the French Republic considers that the said declaration constitutes a reservation, contrary to the object and the purpose of the Convention and objects to that reservation. This objection does not preclude the entry into force of the Convention between the Arab Republic of Egypt and France.
Objection Germany, 16-08-2005
The Government of the Federal Republic of Germany has carefully examined the declaration
made by the Arab Republic of Egypt to the International Convention for the Suppression
of the Financing of Terrorism upon ratification of the Convention relating to Article
2 paragraph 1 (b) thereof. It is of the opinion that this declaration amounts to a
reservation, since its purpose is to unilaterally limit the scope of the Convention.
The Government of the Federal Republic of Germany is furthermore of the opinion that
the declaration is in contradiction to the object and purpose of the Convention, in
particular the object of suppressing the financing of terrorist acts wherever and
by whomever they may be committed.
The declaration is further contrary to the terms of Article 6 of the Convention, according
to which States Parties commit themselves to 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.
The Government of the Federal Republic of Germany recalls that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, reservations
that are incompatible with the object and purpose of a convention are not permissible.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
declaration by the Arab Republic of Egypt to the International Convention for the
Suppression of the Financing of Terrorism. This objection shall not preclude the entry
into force of the Convention as between the Federal Republic of Germany and the Arab
Republic of Egypt.
Objection Argentina, 22-08-2005
With respect to the [declaration] made by the Arab Republic of Egypt [.....] concerning article 2, paragraph 1 (b), and any similar declaration that other States may make in the future, the Government of the Argentine Republic considers that all acts of terrorism are criminal, regardless of their motives, and that all States must strengthen their cooperation in their efforts to combat such acts and bring to justice those responsible for them.
Objection Austria, 25-08-2005
The Government of Austria has carefully examined the Declaration relating to paragraph
1 (b) of Article 2 of the International Convention for the Suppression of the Financing
of Terrorism made by the Government of the Arab Republic of Egypt at the time of its
ratification of the Convention. The Government of Austria considers that this declaration
is in fact a reservation that seeks to limit the scope of the Convention on a unilateral
basis and is therefore contrary to its object and purpose, which is the suppression
of the financing of terrorist acts, irrespective of where they take place and of who
carries them out.
The Declaration is furthermore contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to "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."
The Government of Austria recalls that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Austria therefore objects to the aforesaid reservation made by the
Government of the Arab Republic of Egypt to the International Convention for the Suppression
of the Financing of Terrorism. However, this objection shall not preclude the entry
into force of the Convention between Austria and the Arab Republic of Egypt.
Objection Netherlands, the Kingdom of the, 30-08-2005
The Government of the Kingdom of the Netherlands has carefully examined the declaration
made by the Arab Republic of Egypt to the International Convention for the Suppression
of the Financing of Terrorism upon ratification of the Convention relating to Article
2 paragraph 1 (b) thereof. It is of the opinion that this declaration is in contradiction
to the object and purpose of the Convention, in particular the object of suppressing
the financing of terrorist acts wherever and by whomever they may be committed.
The declaration is further contrary to the terms of Article 6 of the Convention, according
to which States Parties commit themselves to 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.
The Government of the Kingdom of the Netherlands recalls that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, reservations
that are incompatible with the object and purpose of a convention are not permissible.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned
declaration by the Arab Republic of Egypt to the International Convention for the
Suppression of the Financing of Terrorism. This objection shall not preclude the entry
into force of the Convention as between the Kingdom of the Netherlands and the Arab
Republic of Egypt.
Objection Portugal, 31-08-2005
The Government of Portugal considers that the declaration made by the Government of
the Arab Republic of Egypt is in fact a reservation that seeks to limit the scope
of the convention on a unilateral basis and is therefore contrary to its object and
purpose, which is the suppression of the financing of terrorist acts, irrespective
of where they take place and who carries them out.
The declaration is furthermore contrary to the terms of the Article 6 of the Convention
according to which State Parties commit themselves to "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".
The Government of Portugal recalls that, according to Article 19 (c) of the Vienna
Convention on the Law of Treaties, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
The Government of Portugal therefore objects to the aforesaid reservation made by
the Government of the Arab Republic of Egypt to the International Convention for the
Suppression of the Financing of Terrorism. However, this objection shall not preclude
the entry into force of the Convention between Portugal and the Arab Republic of Egypt.
Objection Denmark, 15-09-2005
The Government of the Kingdom of Denmark has examined the Declaration Relating to
paragraph 1 (b) of Article 2 of the International Convention for the Suppression of
the Financing of Terrorism made by the Government of the Arab Republic of Egypt at
the time of its ratification of the Convention. The Government of Denmark considers
that the declaration made by the Government of the Arab Republic of Egypt to be a
reservation that seeks to limit the scope of the Convention on a unilateral basis
and which is contrary to its object and purpose, namely the suppression of the financing
of terrorist acts, irrespective of where they take place or who carries them out.
The Government of Denmark further considers the Declaration to be contrary to the
terms of Article 6 of the Convention, according to which States Parties commit themselves
to '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'.
The Government of Denmark recalls that, according to Article 19(c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
The Government of Denmark therefore objects to the aforesaid reservation made by the
Government of the Arab Republic of Egypt to the International Convention for the Suppression
of the Financing of Terrorism. However, this objection shall not preclude the entry
into force of the Convention as between the Kingdom of Denmark and the Arab Republic
of Egypt.
Objection Estonia, 23-09-2005
The Government of the Republic of Estonia has carefully examined the explanatory declaration
relating to Article 2, paragraph 1, sub-paragraph (b) of the International Convention
for the Suppression of the Financing of Terrorism made by the Government of the Arab
Republic of Egypt at the time of its ratification of the Convention. The Government
of Estonia considers the declaration made by Egypt to be in fact a reservation that
seeks to limit unilaterally the scope of the Convention and is contrary to its object
and purpose, namely the suppression of the financing of terrorist acts, irrespective
of where they take place or who carries them out.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in Article 2, paragraph 1, sub-paragraph (b). The Government
of Estonia finds that such acts can never be justified with reference to resistance
against foreign occupation and aggression with a view to liberation and self-determination.
Furthermore, the Government of Estonia is in the position that the explanatory declaration
is contrary to the terms of Article 6 of the Convention, acceding to which States
Parties commit themselves to "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".
The Government of Estonia recalls that according to Article 19, sub-paragraph (c)
of the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of the Convention shall not be permitted. It is in the common interest
of States that all parties respect the treaties to which they have chosen to become
parties as to their object and purpose, and that states are prepared to take all necessary
measures to comply with their obligations under the treaties.
The Government of Estonia therefore objects to the afore-mentioned declaration made
by the Government of Egypt to the International Convention for the Suppression of
the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between the Republic of Estonia and the Arab Republic of Egypt.
Objection Sweden, 05-10-2005
The Government of Sweden has examined the explanatory declaration made by the Government
of the Arab Republic of Egypt upon ratification of the International Convention for
the Suppression of the Financing of Terrorism, according to which the Arab Republic
of Egypt does not consider acts of national resistance in all its forms, including
armed resistance against foreign occupation and aggression with a view of liberation
and self-determination, as terrorist acts within the meaning of paragraph 1 (b) of
Article 2 of the Convention.
The Government of Sweden recalls that the designation assigned to a statement whereby
the legal effect of certain provisions of a treaty is excluded or modified does not
determine its status as a reservation to the treaty. The Government of Sweden considers
that the declaration made by the Government of the Arab Republic of Egypt in substance
constitutes a reservation.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Sweden further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which the States parties are under an
obligation to adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of the Convention
are under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or other similar nature.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the reservation made by the Arab Republic
of Egypt to the International Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Arab Republic of Egypt and Sweden. The Convention enters into force between the Arab
Republic of Egypt and Sweden without the Arab Republic of Egypt benefiting from its
reservation."
With regard to the declaration made by the Syrian Arab Republic upon accession:
"The Government of Sweden has examined the reservation made by the Government of the
Syrian Arab Republic upon accession to the International Convention for the Suppression
of the Financing of Terrorism, according to which the Syrian Arab Republic considers
that acts of resistance to foreign occupation are not included under acts of terrorism
within the meaning of paragraph 1 (b) of Article 2 of the Convention.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Sweden further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which the States parties are under an
obligation to adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of the Convention
are under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or other similar nature.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the reservation made by the Syrian Arab
Republic to the International Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Syrian Arab Republic and Sweden. The Convention enters into force between the Syrian
Arab Republic and Sweden, without the Syrian Arab Republic benefiting from its reservation.
Objection Hungary, 28-02-2006
The Government of the Republic of Hungary has examined the explanatory declaration
relating to paragraph 1 (b) of article 2 of the International Convention for the Suppression
of the Financing of Terrorism made by the Government of the Arab Republic of Egypt
at the time of its ratification of the Convention. The Government of the Republic
of Hungary considers that the explanatory declaration made by the Government of the
Arab Republic of Egypt is in fact a reservation that seeks to limit the scope of the
Convention on a unilateral basis and is therefore contrary to its object and purpose,
which is the suppression of the financing of terrorist acts, irrespective of where
they take place and of who carries them out.
The explanatory declaration is furthermore contrary to the terms of article 6 of the
Convention according to which States Parties commit themselves to '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'.
The Government of the Republic of Hungary recalls that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of the Republic of Hungary therefore objects to the aforesaid reservation
made by the Government of the Arab Republic of Egypt to the International Convention
for the Suppression of the Financing of Terrorism. However, this objection shall
not preclude the entry into force of the Convention between the Republic of Hungary
and the Arab Republic of Egypt.
Objection United States of America, 09-03-2006
The Government of the United States of America, after careful review, considers the
explanatory declaration made by Egypt to be a reservation that seeks to limit the
scope of the Convention on a unilateral basis. The explanatory declaration is contrary
to the object and purpose of the Convention, namely, the suppression of the financing
of terrorist acts, irrespective of where they take place and who perpetrates them.
The Government of the United States also considers the explanatory declaration to
be contrary
to the terms of Article 6 of the Convention, which provides: "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."
The Government of the United States notes that, under established principles of international
treaty law, as reflected in Article 19 (c) of the Vienna Convention on the Law of
Treaties, a reservation that is incompatible with the object and purpose of the treaty
shall not be permitted.
The Government of the United States of America therefore objects to the explanatory
declaration relating to paragraph 1 (b) of Article 2 made by Egypt upon ratification
of the International Convention for the Suppression of the Financing of Terrorism.
This objection does not, however, preclude the entry into force of the Convention
between the United States and Egypt.
Objection Spain, 04-04-2006
The Government of the Kingdom of Spain has examined the reservation to article 2,
paragraph 1 (b), of the International Convention for the Suppression of the Financing
of Terrorism made by the Arab Republic of Egypt at the time of its ratification of
the Convention.
The Government of the Kingdom of Spain considers that this reservation is contrary
to the object and purpose of the Convention.
The Government of the Kingdom of Spain considers, in particular, that the reservation
made by the Arab Republic of Egypt is contrary to article 6 of the Convention, according
to which the States Parties pledge to adopt such measures as may be necessary, including,
where appropriate, domestic legislation, to ensure that criminal acts within the scope
of the Convention are under no circumstances justifiable by considerations of a political,
philosophical, ideological, racial, ethnic, religious or other similar nature.
The Government of the Kingdom of Spain recalls that, according to customary international
law as codified in the 1969 Vienna Convention on the Law of Treaties (article 19 (c)),
a reservation incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Kingdom of Spain therefore objects to the reservation made by
the Arab Republic of Egypt to article 2, paragraph 1 (b), of the International Convention
for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Spain and the Arab Republic of Egypt.
Objection Canada, 26-04-2006
The Government of Canada has examined the Declaration made by the Government of the
Arab Republic of Egypt at the time of its ratification of the International Convention
for the Suppression of the Financing of Terrorism and considers that the Declaration
is, in fact, a reservation that seeks to limit the scope of the Convention on a unilateral
basis and is contrary to the object and purpose of the Convention which is the suppression
of the financing of terrorism, irrespective of who carries it out.
The Government of Canada considers the declaration to be, furthermore, contrary to
the terms of Article 6 of the Convention, according to which States Parties commit
themselves to 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.
The Government of Canada recalls that, according to Article 19 (c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Canada therefore objects to the aforesaid reservation made by the
Government of the Arab Republic of Egypt to the International Convention for the Suppression
of the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between Canada and the Government of the Arab Republic of Egypt.
Objection Ireland, 23-06-2006
The Government of Ireland have examined the explanatory declaration made by the Government
of the Arab Republic of Egypt upon ratification of the International Convention for
the Suppression of the Financing of Terrorism, done at New York on 9 December 1999,
according to which the Arab Republic of Egypt does not consider acts of national resistance
in all its forms, including armed resistance against foreign occupation and aggression
with a view to liberation and self-determination, as terrorist acts within the meaning
of paragraph 1 (b) of Article 2 of the Convention.
The Government of Ireland are of the view that this explanatory declaration amounts
to a reservation as its purpose is to unilaterally limit the scope of the Convention.
The Government of Ireland are also of the view that this reservation is contrary to
the object and purpose of the Convention, namely suppressing the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention, wherever
and by whomever committed.
This reservation is contrary to the terms of Article 6 of the Convention, according
to which States parties are under an obligation to adopt such measures as may be necessary,
including, where appropriate, domestic legislation, to ensure that criminal acts within
the scope of the Convention are under no circumstances justifiable by considerations
of a political, philosophical, ideological, racial, ethnic, religious or other similar
nature.
The Government of Ireland recall that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible
with the object and purpose of a convention are not permissible. It is in the common
interest of States that treaties to which they have chosen to become party are respected
as to their object and purpose and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under these treaties.
The Government of Ireland therefore object to the reservation made by the Arab Republic
of Egypt to the International Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between Ireland
and the Arab Republic of Egypt. The Convention enters into force between Ireland and
the Arab Republic of Egypt, without the Arab Republic of Egypt benefiting from its
reservation.
Objection Poland, 02-08-2006
The Government of the Republic of Poland has examined the explanatory declaration
made by the Government of the Arab Republic of Egypt to the International Convention
for the Suppression of the Financing of Terrorism relating to article 2, paragraph
1 (b) thereof.
The Government of the Republic of Poland considers that the declaration made by the
Government of the Arab Republic of Egypt is in fact a reservation that seeks to limit
the scope of the Convention on a unilateral basis and it is, therefore, contrary to
the object and purpose of the Convention.
The Government of the Republic of Poland considers that the declaration to be contrary
to the terms of article 6 of the Convention, according to which States Parties commit
themselves ''to 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 their political, philosophical,
ideological, racial, ethnic, religious or other similar nature".
The Government of the Republic of Poland wishes to recall that according to article
19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of the Republic of Poland therefore objects to the aforesaid declaration
made by the Government of the Arab Republic of Egypt to the International Convention
for the Financing of Terrorism. However this objection shall not preclude the entry
into force of the Convention between the Republic of Poland and the Arab Republic
of Egypt.
Objection United Kingdom, 03-08-2006
The Government of the United Kingdom of Great Britain and Northern Ireland have examined
the explanatory declaration relating to article 2, paragraph 1 (b) of the International
Convention for the Suppression of the Financing of Terrorism made by the Government
of the Arab Republic of Egypt at the time of its ratification of the Convention. The
Government of the United Kingdom consider the declaration made by Egypt to be a reservation
that seeks to limit the scope of the Convention on a unilateral basis.
The Government of the United Kingdom objects to the aforesaid reservation.
Objection Czech Republic, 23-08-2006
The Government of the Czech Republic has examined the explanatory declaration relating
to paragraph 1 (b) of Article 2 of the International Convention for the Suppression
of the Financing of Terrorism made by the Government of the Arab Republic of Egypt
at the time of its ratification of the Convention.
The Government of the Czech Republic considers that the declaration amounts to a reservation,
as its purpose is to unilaterally limit the scope of the Convention. The Government
of the Czech Republic further considers the declaration to be incompatible with the
object and purpose of the Convention, namely the suppression of the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention, irrespective
of where they take place and who carries them out.
In addition, the Government of the Czech Republic is of the view that the declaration
is contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to adopt such measures as may be necessary to ensure that
criminal acts within the scope of the Convention are under no circumstances justifiable
by considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature.
The Government of the Czech Republic wishes to recall that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, a reservation
incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Czech Republic therefore objects to the aforesaid reservation
made by the Government of the Arab Republic of Egypt to the International Convention
for the Suppression of the Financing of Terrorism. This objection shall not preclude
the entry into force of the Convention between the Arab Republic of Egypt and the
Czech Republic. The Convention enters into force between the Arab Republic of Egypt
and the Czech Republic without the Arab Republic of Egypt benefiting from its reservation.
El Salvador
15-05-2003
(1) Pursuant to article 2, paragraph 2 (a), the Republic of El Salvador declares that
in the application of this Convention, the Convention on the Physical Protection of
Nuclear Material, adopted in Vienna on 3 March 1980, shall not be considered as having
been included in the annex referred to in article 2, paragraph 1 (a), since El Salvador
is not currently a State party thereto;
(2) pursuant to article 7, paragraph 3, the Republic of El Salvador notifies that
it has established its jurisdiction in accordance with its national laws in respect
of offences committed in the situations and under the conditions provided for in article
7, paragraph 2;
(3) pursuant to article 24, paragraph 2, the Republic of El Salvador declares that
it does not consider itself bound by paragraph 1 of that article, because it does
not recognize the compulsory jurisdiction of the International Court of Justice; and
(4) El Salvador accedes to this Convention on the understanding that such accession
is without prejudice to any provisions thereof which may conflict with the principles
expressed in its Constitution and domestic legal system.
Estonia
22-05-2002
Pursuant to article 7, paragraph 3 of the Convention, the Republic of Estonia declares
that in its domestic law it shall apply the jurisdiction set forth in article 7, paragraph
2, over offences set forth in article 2;
pursuant to article 2, paragraph 2 of the Convention, the Republic of Estonia declares,
that she does not consider itself bound by 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, annexed to the Convention.
30-03-2006
The Republic of Estonia withdraws the declaration made in the aforementioned instrument of ratification, according to which the Republic of Estonia declared that she does not consider itself bound by 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 Protocol entered into force in respect of Estonia on 27 April 2004.
Ethiopia
20-03-2012
Ethiopia does not consider itself to be bound by the jurisdiction of the International
Court of Justice as per Article 24 (2) of the Convention.
Pursuant to Article 2 (2) (a) of the Convention, the Convention on the Physical Protection
of Nuclear Materials which has been adopted in Vienna on 3 March 1980 and annexed
to the [International Convention for the Suppression of the Financing of Terrorism],
shall not apply in Ethiopia.
Finland
28-06-2002
Pursuant to article 7, paragraph 3 of the International Convention for the Suppression of the Financing of Terrorism, the Republic of Finland establishes its jurisdiction over the offences set forth in article 2 in all the cases provided for in article 7, paragraphs 1 and 2.
France
07-01-2002
In accordance with article 2, paragraph 2 (a) of this Convention, France declares
that in the application of the Convention of 14 December 1973 on the Prevention and
Punishment of Crimes against Internationally Protected Persons, including Diplomatic
Agents, shall be deemed not to be included in the annex referred to in article 2,
paragraph 1, subparagraph (a), since France is not a party thereto.
In accordance with article 7, paragraph 3, of the Convention, France states that it
has esstablished its jurisdiction over the offences set forth in article 2 in all
cases referred to in article 7, paragraphs 1 and 2.
Georgia
27-09-2002
In accordance with article 2.2, Georgia declares, that while applying this Convention, treaties to which Georgia is not a contracting party shall not be considered as included in the annex to this Convention.
Germany
17-06-2004
... pursuant to article 7 paragraph 3 thereof, that the Federal Republic of Germany has established jurisdiction over all offences described in article 7 paragraph 2 of the Convention.
Guatemala
12-02-2002
Pursuant to article 2, paragraph 2 (a) of the Convention referred to in the preceding
article, the State of Guatemala, in ratifying the Convention, makes the following
declaration:
In the application of this Convention, Guatemala deems the following treaties not
to be included in the annex: the Convention for the Suppression of Unlawful Acts against
the Safety of Maritime Navigation, signed at Rome on 10 March 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 and the International Convention
for the Suppression of Terrorist Bombings, adopted by the General Assembly of the
United Nations on 15 December 1997. The declaration shall cease to have effect, for
each of the treaties indicated, as soon as the treaty enters into force for the State
of Guatemala, which shall notify the depositary of this fact.
06-06-2002
[The Government of Guatemala notifies,] ... pursuant to article 2, paragraph 2 of the International Convention for the Suppression of the Financing of Terrorism, that on 14 March 2002 [should read: 10 April 2002], the International Convention for the Suppression of Terrorist Bombings entered into force for the Republic of Guatemala. Accordingly, the declaration made by the Republic of Guatemala at the time of depositing its instrument of ratification that the latter Convention was deemed not to be included in the annex to the International Convention for the Suppression of the Financing of Terrorism has ceased to have effect.
Holy See
25-01-2012
Pursuant to article 24.2 of the Convention, the Holy See, acting also in the name
and on behalf of Vatican City State, declares that it does not consider itself bound
by article 24.1 of the Convention. The Holy See, acting also in the name and on behalf
of Vatican City State, specifically reserves the right to agree in a particular case,
on an ad hoc basis, to any convenient means to settle any dispute arising out of this
Convention.
By acceding to the International Convention for the Suppression of the Financing of
Terrorism, the Holy See, acting also in the name and on behalf of Vatican City State,
intends to contribute and to give its moral support to the global prevention, repression
and prosecution of terrorism and to the protection of victims of such crimes.
In conformity with its own nature, its mission, and the particular character of Vatican
City State, the Holy See upholds the values of brotherhood, justice and peace between
persons and peoples, whose protection and strengthening require the primacy of the
rule of law and respect for human rights,
and it reaffirms that instruments of criminal and judicial cooperation constitute
effective safeguards in
the face of criminal activities that jeopardize human dignity and peace.
The Holy See, acting also in the name and on behalf of the Vatican City State, declares
that its accession to the Convention does not constitute consent to be bound by or
to become a party to any of
the treaties listed in the Annex to the Convention. Considering that, at the date
of its accession to the
Convention, the Holy See is not a party to any of the treaties listed in the Annex,
for the purposes of
article 2.2(a) of the Convention, none of them should be deemed to be included within
the scope of the
Convention pursuant to its article 2.1(a). In the future, should the Holy See ratify
or acceded to any of
those treaties, once it has come into force for the Holy See, the treaty in question
shall be deemed to be
included within the scope of the Convention pursuant to its article 2.1(a).
In respect to article 5 of the Convention, the Holy See notes that, due to the particular
nature of the Holy See and of Vatican City State, the concept of criminal liability
of legal persons is not embodied in their domestic legal principles.
Pursuant to article 11.2 of the Convention, the Holy See declares that it takes the
Convention as the legal basis for cooperation on extradition with other Parties to
the Convention, subject to the limitations to the extradition of persons provided
for by its domestic law.
With regard to article 15 of the Convention, the Holy See declares that the terms
'prosecuting or punishing a person on account of that person's race, religion, nationality,
ethnic origin or political opinion' and 'prejudice to that person's position' shall
be interpreted in light of its legal doctrine and the sources of its law (Vatican
City State Law LXXI, 1 October 2008).
26-09-2012
Pursuant to the last sentence of article 2.2(a) of the International Convention for the Suppression of the Financing of Terrorism, of 9 December 1999, the Holy See, acting also in the name and on behalf of Vatican City State, declares that, from the moment the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, enters into force for the Holy See, it shall be deemed to be included within the scope of the Convention for the Suppression of the Financing of Terrorism pursuant to its article 2.1(a).
Hungary
14-10-2002
The Republic of Hungary declares that it establishes its jurisdiction in all the cases provided for in Article 7, Paragraph 2 of the Convention.
Iceland
15-04-2002
Pursuant to article 7, paragraph 3, of the International Convention for the Suppression of the Financing of Terrorism, Iceland declares that it has established its jurisdiction over the offences set forth in article 2 of the Convention in all the cases provided for in article 7, paragraph 2, of the Convention.
Indonesia
29-06-2006
Declaration:
A. In accordance with Article 2 paragraph 2 subparagraph (a) of the Convention for
the Suppression of the Financing of Terrorism, the Government of the Republic of Indonesia
declares that the following treaties are to be deemed not to be included in the Annex
referred to in Article 2 paragraph 1 subparagraph (a) of the Convention:
1. 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.
2. International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on 17 December 1979.
3. 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.
4. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988.
5. 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.
B. The Government of the Republic of Indonesia declares that the provisions of Article
7 of the Convention for the Suppression of the Financing of Terrorism will have to
be implemented in strict compliance with the principles of the sovereignty and territorial
integrity of States.
Reservation:
The Government of the Republic of Indonesia, while signatory to the Convention for
the Suppression of the Financing of Terrorism, does not consider itself bound by the
provision of Article 24 and takes the position that dispute relating to the interpretation
and application on the Convention which cannot be settled through the channel provided
for in paragraph (1) of the said Article, may be referred to the International Court
of Justice only with the consent of all the Parties to the dispute.
Israel
10-02-2003
Pursuant to Article 2, paragraph 2 (a) of the International Convention for the Suppression
of the Financing of Terrorism, the Government of the State of Israel declares that
in the application of the Convention the treaties to which the state of Israel is
not a party shall be deemed not to be included in the Annex of the Convention.
Pursuant to article 7, paragraph 3, of the Convention, the Government of the state
of Israel hereby notifies the Secretary-General of the United Nations that it has
established jurisdiction over the offences referred to in Article 2 in all the cases
detailed in Article 7 paragraph 2.
Pursuant to Article 24, paragraph 2 of the Convention, the State of Israel does not
consider itself bound by the provisions of Article 24, paragraph 1 of the Convention.
The Government of the State of Israel understands that the term "international humanitarian
law" referred to in Article 21 of the Convention has the same substantial meaning
as the term "the law of war". This body of laws does not include the provisions of
the Protocols Additional to the Geneva Convention of 1977 to which the State of Israel
is not a party.
Objection Sweden, 27-01-2004
The Government of Sweden has examined the declaration made by Israel regarding article
21 of the International Convention for the Suppression of the Financing of Terrorism,
whereby Israel intends to exclude the Protocols Additionals to the Geneva Conventions
from the term international humanitarian law.
The Government of Sweden recalls that the designation assigned to a statement whereby
the legal effect of certain provisions of a treaty is excluded or modified does not
determine its status as a reservation to the treaty. The Government of Sweden considers
that the declaration made by Israel in substance constitutes a reservation.
It is the view of the Government of Sweden that the majority of the provisions of
the Protocols Additional to the Geneva Conventions constitute customary international
law, by which Israel is bound. In the absence of further clarification, Sweden therefore
objects to the aforesaid reservation by Israel to the International Convention for
the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between Israel
and Sweden. The Convention enters into force in its entirety between the two States,
without Israel benefiting from this reservation.
Objection Argentina, 22-08-2005
With respect to the declaration concerning article 21 of the Convention made by the State of Israel upon depositing the instrument of ratification, the Government of the Argentine Republic considers that the term 'international humanitarian law' covers the body of norms constituting customary and conventional law, including the provisions of the Geneva Conventions of 1949 and their Additional Protocols of 1977.
Jamaica
16-09-2005
Jamaica has established jurisdiction over the offences set forth in Article 2, with
respect to the jurisdiction stated in Article 7(2) (c) which states:
"A State Party may also establish its jurisdiction over any such offence when:
... (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.
Jordan
28-08-2003
1. The Government of the Hashemite Kingdom of Jordan does not consider acts of national
armed struggle and fighting foreign occupation in the exercise of people's right to
self-determination as terrorist acts within the context of paragraph 1(b) of article
2 of the Convention.
2. Jordan is not a party to the following treaties:
A. Convention on the Physical Protection of Nuclear Material, adopted in Vienna on
3 March 1980.
B. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988.
C. 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.
D. International Convention for the Suppression of Terrorist Bombings, adopted in
New York on 15 December 1997.
Accordingly Jordan is not bound to include, in the application of the International
Convention for the Suppression of the Financing of Terrorism, the offences within
the scope and as defined in such Treaties.
Jordan decides to establish its jurisdiction over all offences described in paragraph
2 of article 7 of the Convention.
Objection United Kingdom, 25-02-2004
The Government of the United Kingdom of Great Britain and Northern Ireland have examined
the Declaration relating to paragraph 1 (b) of Article 2 of the International Convention
for the Suppression of the Financing of Terrorism made by the Government of Jordan
at the time of its ratification of the Convention. The Government of the United Kingdom
consider the declaration made by Jordan to be a reservation that seeks to limit the
scope of the Convention on a unilateral basis and which is contrary to its object
and purpose, namely the suppression of the financing of terrorist acts, irrespective
of where they take place or who carries them out.
The Government of the United Kingdom further consider the Declaration to be contrary
to the terms of Article 6 of the Convention, according to which States Parties commit
themselves to "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".
The Government of the United Kingdom recall that, according to Article 19 (c) of the
Vienna Convention on the Law of Treaties, a reservation incompatible with the object
and purpose of the Convention shall not be permitted.
The Government of the United Kingdom therefore object to the aforesaid reservation
made by the Government of Jordan to the International Convention for the Suppression
of the Financing of Terrorism. However, this objection shall not preclude the entry
into force of the Convention between the United Kingdom and Jordan.
Objection Netherlands, the Kingdom of the, 21-04-2004
... the Government of the Kingdom of the Netherlands has examined the Declaration
relating to paragraph 1 (b) of Article 2 of the International Convention for the Suppression
of the Financing of Terrorism made by the Government of Jordan at the time of its
ratification of the Convention. The Government of the Kingdom of the Netherlands considers
that the declaration made by Jordan is in fact a reservation that seeks to limit the
scope of the Convention on a unilateral basis and which is contrary to its object
and purpose, namely the suppression of the financing of terrorist acts, irrespective
of where they take place or who carries them out.
The Government of the Kingdom of the Netherlands further considers the Declaration
to be contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to "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".
The Government of the Kingdom of the Netherlands recalls that, according to Article
19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
It is in the common interest of the States that treaties to which they have chosen
to become party are respected, as to their object and purpose, by all parties and
that States are prepared to undertake any legislative changes necessary to comply
with their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservation made by the Government of Jordan to the International Convention for the
Suppression of the Financing of Terrorism. This objection shall not preclude the entry
into force of the Convention between the Kingdom of the Netherlands and Jordan.
Objection Finland, 29-04-2004
The Government of Finland has carefully examined the contents of the interpretative
declaration relating to paragraph 1 (b) of the Convention for the Suppression of the
Financing of Terrorism made by the Government of Jordan.
The Government of Finland is of the view that the declaration amounts to a reservation
as its purpose is to unilaterally limit the scope of the Convention. The Government
of Finland further considers the declaration to be in contradiction with the object
and purpose of the Convention, namely the suppression of the financing of terrorist
acts wherever and by whomever carried out.
The declaration is, furthermore, contrary to the terms of Article 6 of the Convention
according to which State Parties commit themselves to adopt measures as may be necessary
to ensure that criminal acts within the scope of the Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or similar nature.
The Government of Finland wishes to recall that, according to the customary international
law as codified in the Vienna Convention on the Law of the Treaties, a reservation
incompatible with the object and purpose of the Convention shall not be permitted.
It is in the common interest of states that treaties to which they have chosen to
become parties are respected as to their object and purpose and that states are prepared
to undertake any legislative changes necessary to comply with their obligations under
the treaties.
The Government of Finland therefore objects to the above-mentioned interpretative
declaration made by the Government of Jordan to the Convention.
This objection does not preclude the entry into force of the Convention between Jordan
and Finland. The Convention will thus become operative between the two states without
Jordan benefiting from its declaration.
Objection Denmark, 30-04-2004
... the Kingdom of Denmark has examined the Declaration relating to paragraph 1 (b)
of Article 2 of the International Convention for the Suppression of the Financing
of Terrorism made by the Government of Jordan at the time of its ratification of the
Convention. The Government of Denmark considers the declaration made by Jordan to
be a reservation that seeks to limit the scope of the Convention on a unilateral basis
and which is contrary to its object and purpose, namely the suppression of the financing
of terrorist acts, irrespective of where they take place or who carries them out.
The Government of Denmark further considers the Declaration to be contrary to the
terms of Article 6 of the Convention, according to which States Parties commit themselves
to "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.
The Government of Denmark recalls that, according to Article 19 (c) of the Vienna
Convention on the Law of Treaties, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
The Government of Denmark therefore objects to the aforesaid reservation made by the
Government of Jordan to the International Convention for the Suppression of the Financing
of Terrorism. However, this objection shall not preclude the entry into force of the
Convention between Denmark and Jordan.
Objection Italy, 20-05-2004
The Government of Italy has examined the "declaration" relating to paragraph 1 (b)
of article 2 of the International Convention for the Suppression of the Financing
of Terrorism made by the Government of Jordan at the time of its ratification to the
Convention. The Government of Italy considers the declaration made by Jordan to be
a reservation that seeks to limit the scope of the Convention on a unilateral basis
and which is contrary to its object and purpose, namely the suppression of the financing
of terrorist acts, irrespective of where they take place and of who carries them out.
The declaration is furthermore contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to "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 political, philosophical, ideological, racial, ethnic, religious
or other similar nature". The Government of Italy recalls that, according to Article
19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
The Government of Italy therefore objects to the aforesaid reservation made by the
Government of Jordan to the International Convention for the Suppression of the Financing
of Terrorism.
This objection shall not preclude the entry into force of the Convention between Italy
and Jordan.
Objection Sweden, 28-05-2004
The Government of Sweden has examined the declaration made by the Government of Jordan
upon ratification of the International Convention for the Suppression of the Financing
of Terrorism, according to which the Government of Jordan does not consider acts of
national struggle and fighting foreign occupation in the exercise of people's right
to self-determination as terrorist acts within the context of paragraph 1 (b) of Article
2 of the Convention.
The Government of Sweden recalls that the designation assigned to a statement whereby
the legal effect of certain provisions of a treaty is excluded or modified does not
determine its status as a reservation to the treaty. The Government of Sweden considers
that the declaration made by the Government of Jordan in substance constitutes a reservation.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Sweden further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which States parties are under an obligation
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the reservation made by the Government
of Jordan to the International Convention for the Suppression of the Financing of
Terrorism. This objection shall not preclude the entry into force of the Convention
between Jordan and Sweden. The Convention enters into force between the two parties
without Jordan benefiting from its reservation.
Objection France, 11-06-2004
The Government of the French Republic has examined the declaration made by the Government of the Hashemite Kingdom of Jordan upon ratification of the International Convention for the Suppression of the Financing of Terrorism, of 9 December 1999. In that declaration, the Hashemite Kingdom of Jordan states that it 'does not consider acts of national armed struggle and fighting foreign occupation in the exercise of people's right to self-determination as terrorist acts within the context of paragraph 1 (b) of article 2 of the Convention.' However, the Convention applies to the suppression of the financing of all acts of terrorism, and its article 6 specifies that States parties 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.' The Government of the French Republic considers that the aforementioned declaration constitutes a reservation, and objects to that reservation. This objection shall not preclude the entry into force of the convention between France and Jordan.
Objection Germany, 17-06-2004
The Government of the Federal Republic of Germany has carefully examined the substance
of the declarations made by the Government of the Kingdom of Jordan upon ratification
of the International Convention for the Suppression of the Financing of Terrorism,
especially that part of the declarations in which the Government of the Kingdom of
Jordan states that it "does not consider acts of national armed struggle and fighting
foreign occupation in the exercise of people's right to self-determination as terrorist
acts within the context of paragraph 1 (b) of article 2 of the Convention". The Government
of the Federal Republic of Germany is of the opinion that this declaration in fact
constitutes a reservation aimed at unilaterally limiting the scope of application
of the Convention, and is thus contrary to the object and purpose of the Convention,
namely the suppression of the financing of terrorism, regardless of by whom and to
what end it is perpetrated.
In this respect, the declaration is furthermore in contravention of Article 6 of the
Convention, under which the State Parties commit themselves to adopting "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".
The Government of the Federal Republic of Germany therefore objects to the above reservation
by the Government of the Kingdom of Jordan to the International Convention for the
Suppression of the Financing of Terrorism. This objection does not preclude the entry
into force of the Convention between the Federal Republic of Germany and the Kingdom
of Jordan.
Objection Norway, 15-07-2004
The Government of Norway has examined the declaration relating to paragraph 1 (b)
of Article 2 of the International Convention for the Suppression of the Financing
of Terrorism made by the Government of Jordan.
The Government of Norway considers the declaration to be a reservation that seeks
to limit the scope of the Convention on a unilateral basis and which is contrary to
its object and purpose, namely the suppression of financing of terrorism, irrespective
of where they take place and who carries them out.
The declaration is furthermore contrary to the terms of Article 6 of the Convention
according to which State Parties commit themselves to adopt measures as may be necessary
to ensure that criminal acts within the scope of the Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or similar nature.
The Government of Norway recalls that, according to customary international law, a
reservation incompatible with the object and purpose of the Convention shall not be
permitted.
The Government of Norway therefore objects to the aforesaid reservation made by the
Government of Jordan to the Convention. This objection shall not preclude the entry
into force of the Convention between Norway and Jordan.
Objection Austria, 15-07-2004
The Government of Austria has examined the Declaration relating to paragraph 1 (b)
of Article 2 of the International Convention for the Suppression of the Financing
of Terrorism made by the Government of the Hashemite Kingdom of Jordan at the time
of its ratification of the Convention. The Government of Austria considers that the
declaration made by the Government of the Hashemite Kingdom of Jordan is in fact a
reservation that seeks to limit the scope of the Convention on a unilateral basis
and is therefore contrary to its object and purpose, which is the suppression of the
financing of terrorist acts, irrespective of where they take place and of who carries
them out.
The Declaration is furthermore contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to "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."
The Government of Austria recalls that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of Austria therefore objects to the aforesaid reservation made by the
Government of the Hashemite Kingdom of Jordan to the International Convention for
the Suppression of the Financing of Terrorism. However, this objection shall not preclude
the entry into force of the Convention between Austria and the Hashemite Kingdom of
Jordan.
Objection United States of America, 06-08-2004
The Government of the United States of America, after careful review, considers the
statement made by Jordan relating to paragraph 1 (b) of Article 2 of the Convention
(the Declaration) to be a reservation that seeks to limit the scope of the offense
set forth in the Convention on a unilateral basis. The Declaration is contrary to
the object and purpose of the Convention, namely, the suppression of the financing
of terrorist acts, irrespective of where they take place or who carries them out.
The Government of the United States also considers the Declaration to be contrary
to the terms of Article 6 of the Convention, which provides: "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."
The Government of the United States notes that, under established principles of international
treaty law, as reflected in Article 19 (c) of the Vienna Convention on the Law of
Treaties, a reservation that is incompatible with the object and purpose of the treaty
shall not be permitted.
The Government of the United States therefore objects to the Declaration relating
to paragraph 1 (b) of Article 2 made by the Government of Jordan upon ratification
of the International Convention for the Suppression of the Financing of Terrorism.
This objection does not, however, preclude the entry into force of the Convention
between the United States and Jordan.
Objection Canada, 25-08-2004
The Government of Canada has examined the Declaration made by [the] Hashemite Kingdom
of Jordan at the time of its ratification of the International Convention for the
Suppression of the Financing of Terrorism and considers that the Declaration is, in
fact, a reservation that seeks to limit the scope of the Convention on a unilateral
basis and is contrary to the object and purpose of the Convention which is the suppression
of the financing of terrorism, irrespective of who carries it out.
The Government of Canada considers the Declaration to be, furthermore, contrary to
the terms of Article 6 of the Convention, according to which States Parties commit
themselves to "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".
The Government of Canada considers that the above Declaration constitutes a reservation
which is incompatible with the object and purpose of the International Convention
for the Suppression of the Financing of Terrorism.
The Government of Canada recalls that, according to Article 19 (c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Canada therefore object to the aforesaid reservation made by the
Government of the Hashemite Kingdom of Jordan to the International Convention for
the Suppression of the Financing of Terrorism. This objection shall not preclude the
entry into force of the Convention between Canada and the Hashemite Kingdom of Jordan.
Objection Hungary, 26-08-2004
The Government of the Republic of Hungary has examined the Declaration relating to
paragraph 1 (b) of Article 2 of the International Convention for the Suppression of
the Financing of Terrorism made by the Government of the Hashemite Kingdom of Jordan
at the time of its ratification of the Convention. The Government of the Republic
of Hungary considers that the declaration made by the Government of the Hashemite
Kingdom of Jordan is in fact a reservation that seeks to limit the scope of the Convention
on a unilateral basis and is therefore contrary to its object and purpose, which is
the suppression of the financing of terrorist acts, irrespective of where they take
place and of who carries them out.
The Declaration is furthermore contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to "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."
The Government of the Republic of Hungary recalls that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of the Republic of Hungary therefore objects to the aforesaid reservation
made by the Government of the Hashemite Kingdom of Jordan to the International Convention
for the Suppression of the Financing of Terrorism. However, this objection shall not
preclude the entry into force of the Convention between the Republic of Hungary and
the Hashemite Kingdom of Jordan.
Objection Portugal, 27-08-2004
... the Government of Portugal has examined the declaration relating to paragraph
1 (b) of the Article 2 of the International Convention for the Suppression of the
Financing of Terrorism made by the Government of the Hashemite Kingdom of Jordan at
the time of its ratification of the Convention. The Government of Portugal considers
that the declaration made by the Government of the Hashemite Kingdom of Jordan is
in fact a reservation that seeks to limit the scope of the convention on a unilateral
basis and is therefore contrary to its object and purpose, which is the suppression
of the financing of terrorist acts, irrespective of where they take place and who
carries them out.
The declaration is furthermore contrary to the terms of the Article 6 of the Convention
according to which State Parties commit themselves to "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".
The Government of Portugal recalls that, according to customary international law
as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
The Government of Portugal therefore objects to the aforesaid reservation made by
the Government of the Hashemite Kingdom of Jordan to the International Convention
for the Suppression of the Financing of Terrorism. However, this objection shall not
preclude the entry into force of the Convention between Portugal and the Hashemite
Kingdom of Jordan.
Objection Belgium, 23-09-2004
The Government of the Kingdom of Belgium has examined the declaration made by the
Government of the Hashemite Kingdom of Jordan at the time of its ratification of the
International Convention for the Suppression of the Financing of Terrorism, in particular
the part of the declaration in which the Kingdom of Jordan states that it "does not
consider acts of national armed struggle and fighting foreign occupation in the exercise
of people's right to self-determination as terrorist acts within the context of paragraph
1 (b) of article 2 of the Convention". The Belgian Government considers this declaration
to be a reservation that seeks to limit the scope of the Convention on a unilateral
basis and which is contrary to its object and purpose, namely, the suppression of
the financing of terrorist acts, irrespective of where they take place or who carries
them out.
Moreover, the declaration contravenes article 6 of the Convention, according to which
"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".
The Belgian Government recalls that, under article 19 (c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
The Belgian Government therefore objects to the aforesaid reservation made by the
Jordanian Government to the International Convention for the Suppression of the Financing
of Terrorism. This objection shall not preclude the entry into force of the Convention
between Belgium and Jordan.
Objection Russian Federation, 01-03-2005
Russia has examined the declaration made by the Hashemite Kingdom of Jordan upon ratification
of the International Convention for the Suppression of the Financing of Terrorism
(1999).
Russia assumes that every state, which has expressed its consent to be bound by the
provisions of the Convention, has to adopt, in accordance with article 6, such measures
as may be necessary to ensure that criminal acts, set forth in article 2, in particular
acts 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 compel a government or an international organization to do or to abstain from doing
any act, are under no circumstances justifiable by considerations of a political,
philosophical, ideological, racial, ethnic, religious or other similar nature.
Sharing the purposes and principles of the Charter of the United Nations, Russia wishes
to draw attention that the right of people to self-determination may not go against
other fundamental principles of international law, such as the principle of settlement
of disputes by peaceful means, the principle of the territorial integrity of states,
the principle of respect for human rights and fundamental freedoms.
In Russia's view, the declaration by the Hashemite Kingdom of Jordan may endanger
the implementation of the provisions of the Convention between the Hashemite Kingdom
of Jordan and other States Parties and thus impede their interaction in the suppression
of the financing of terrorism. It is of common interest to promote and enhance cooperation
in devising and adopting effective practical measures to prevent terrorism financing,
as well as to fight against terrorism through prosecution of and bringing to justice
those involved in terrorist activity, keeping in mind that the number and seriousness
of acts of international terrorism to a great extent depend on the financing that
may be available to terrorists.
Russia reiterates its unequivocal condemnation of all acts, methods and practices
of terrorism as criminal and unjustifiable in all its forms and manifestations, wherever
and by whomsoever committed, and calls upon the Hashemite Kingdom of Jordan to review
its position.
Objection Japan, 14-07-2005
When depositing its instrument of ratification, the Government of the Hashemite Kingdom
of Jordan made a declaration which reads as follows: "The Government of the Hashemite
Kingdom of Jordan does not consider acts of national armed struggle and fighting foreign
occupation in the exercise of people's right to self-determination as terrorist acts
within the context of paragraph 1 (b) of article 2 of the Convention".
In this connection, the Government of Japan draws attention to the provisions of Article
6 of the Convention, according to which 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.
The Government of Japan considers that the declaration made by the Hashemite Kingdom
of Jordan seeks to exclude acts of national armed struggle and fighting foreign occupation
in the exercise of people's right to self-determination from the application of the
Convention and that such declaration constitutes a reservation which is incompatible
with the object and purpose of the Convention. The Government of Japan therefore objects
to the aforementioned reservation made by the Hashemite Kingdom of Jordan.
Objection Argentina, 22-08-2005
With respect to the declarations made by the Hashemite Kingdom of Jordan and the Arab Republic of Egypt concerning article 2, paragraph 1 (b), and any similar declaration that other States may make in the future, the Government of the Argentine Republic considers that all acts of terrorism are criminal, regardless of their motives, and that all States must strengthen their cooperation in their efforts to combat such acts and bring to justice those responsible for them.
Objection Ireland, 23-06-2006
The Government of Ireland have examined the explanatory declaration made by the Government
of the Hashemite Kingdom of Jordan upon ratification of the International Convention
for the Suppression of the Financing of Terrorism, done at New York on 9 December
1999, according to which the Hashemite Kingdom of Jordan does not consider acts of
national armed struggle and fighting foreign occupation foreign occupation in the
exercise of people' right to self-determination as terrorist acts within the meaning
of paragraph 1 (b) of Article 2 of the Convention.
The Government of Ireland are of the view that this declaration amounts to a reservation
as its purpose is to unilaterally limit the scope of the Convention. The Government
of Ireland are also of the view that this reservation is contrary to the object and
purpose of the Convention, namely suppressing the financing of terrorist acts, including
those defined in paragraph 1 (b) of Article 2 of the Convention, wherever and by whomever
committed.
This reservation is contrary to the terms of Article 6 of the Convention, according
to which States parties are under an obligation to adopt such measures as may be necessary,
including, where appropriate, domestic legislation, to ensure that criminal acts within
the scope of the Convention are under no circumstances justifiable by considerations
of a political, philosophical, ideological, racial, ethnic, religious or other similar
nature.
The Government of Ireland recall that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible
with the object and purpose of a convention are not permissible. It is in the common
interest of States that treaties to which they have chosen to become party are respected
as to their object and purpose and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under these treaties.
The Government of Ireland therefore object to the reservation made by the Hashemite
Kingdom of Jordan to the International Convention for the Suppression of the Financing
of Terrorism. This objection shall not preclude the entry into force of the Convention
between Ireland and the Hashemite Kingdom of Jordan. The Convention enters into force
between Ireland and the Hashemite Kingdom of Jordan, without the Hashemite Kingdom
of Jordan benefiting from its reservation.
Objection Czech Republic, 23-08-2006
The Government of the Czech Republic has examined the declaration relating to paragraph
1 (b) of Article 2 of the International Convention for the Suppression of the Financing
of Terrorism made by the Government of the Hashemite Kingdom of Jordan at the time
of its ratification of the Convention.
The Government of the Czech Republic considers that the declaration amounts to a reservation,
as its purpose is to unilaterally limit the scope of the Convention. The Government
of the Czech Republic further considers the declaration to be incompatible with the
object and purpose of the Convention, namely the suppression of the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention, irrespective
of where they take place and who carries them out.
In addition, the Government of the Czech Republic is of the view that the declaration
is contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to adopt such measures as may be necessary to ensure that
criminal acts within the scope of the Convention are under no circumstances justifiable
by considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature.
The Government of the Czech Republic wishes to recall that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, a reservation
incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Czech Republic therefore objects to the aforesaid reservation
made by the Government of the Hashemite Kingdom of Jordan to the International Convention
for the Suppression of the Financing of Terrorism. This objection shall not preclude
the entry into force of the Convention between the Hashemite Kingdom of Jordan and
the Czech Republic. The Convention enters into force between the Hashemite Kingdom
of Jordan and the Czech Republic without the Hashemite Kingdom of Jordan benefiting
from its reservation.
Kazakhstan
22-07-2008
The Republic of Kazakhstan does not consider itself bound by the provisions of article 24, paragraph 1 of the International Convention for the Suppression of the Financing of Terrorism.
23-07-2009
The Republic of Kazakhstan does not consider itself bound by the provisions of article 24, paragraph 1 of the International Convention for the Suppression of the Financing of Terrorism.
Kuwait
11-07-2013
Availing itself of article 24, paragraph 2, the State of Kuwait shall not be bound
by the provisions of article 24, paragraph 1.
The commitment of the State of Kuwait to the Convention is without prejudice to its
Arab and Islamic obligations in respect of the definition of terrorism and the distinction
between terrorism and legitimate national struggle against occupation.
In accordance with article 7, paragraph 3, the State of Kuwait establishes its full
jurisdiction over all of the offences set out in article 7, paragraph 2, items a,
b, c, d and e.
Objection Sweden, 06-12-2013
The Government of Sweden has examined the interpretative declaration made by the Government
of Kuwait upon accession to the International Convention for the Suppression of Financing
of Terrorism, according to which the Government of Kuwait declares that the commitment
of the State of Kuwait to the Convention is without prejudice to its Arab and Islamic
obligations in respect of the definition of terrorism and the distinction between
terrorism and legitimate national struggle against occupation.
The Government of Sweden recalls that the designation assigned to a statement whereby
the legal effect of certain provisions of a treaty is excluded or modified does not
determine its status as a reservation to the treaty. The Government of Sweden considers
that the interpretative declaration made by Kuwait in substance constitutes a reservation.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Sweden further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which State parties are under an obligation
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the reservation made by Kuwait to the
International Convention for the Suppression of Financing of Terrorism. This objection
shall not preclude the entry into force of the Convention between Kuwait and Sweden.
The Convention enters into force between Kuwait and Sweden without Kuwait benefiting
from its reservation.
Objection Netherlands, the Kingdom of the, 31-01-2014
The Government of the Kingdom of the Netherlands has carefully examined the interpretative
declaration made by Kuwait upon accession to the International Convention for the
Suppression of the Financing of Terrorism.
The Government of the Kingdom of the Netherlands considers that the interpretative
declaration made by Kuwait in substance constitutes a reservation limiting the scope
of the Convention.
The Government of the Kingdom of the Netherlands considers that with this reservation
the application of the Convention is made subject to national legislation in force
in Kuwait.
The Government of the Kingdom of the Netherlands considers that with this reservation
Kuwait unilaterally limits the scope of the Convention, contrary to its object and
purpose of suppressing the financing of terrorist acts wherever and by whomever they
may be committed.
The Government of the Kingdom of the Netherlands further considers the reservation
to be contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to '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'.
The Government of the Kingdom of the Netherlands recalls that, according to Article
19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservation
of Kuwait to the International Convention for the Suppression of the Financing of
Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Kuwait.
Objection Latvia, 08-05-2014
The Government of the Republic of Latvia has examined the interpretative declaration
made by the State of Kuwait upon accession to the International Convention of the
Suppression of the Financing of Terrorism.
The Government of the Republic of Latvia considers this unilateral statement, submitted
by the State of Kuwait and named an interpretative declaration, modifies the legal
effect on obligations arising from the International Convention for the State Parties.
Therefore, the Government of the Republic of Latvia consider[s] the interpretative
declaration made by State of Kuwait a reservation as stipulated by Article 2(1)(d)
of the Vienna Convention on the Law of Treaties.
Moreover, the Government of the Republic of Latvia holds the opinion that this reservation
conflicts with the terms of Article 6 of the International Convention setting out
the obligation for State Parties to adopt such measures as may be necessary to ensure
that criminal acts within the scope of the International Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or similar nature.
Thus, the Government of the Republic of Latvia recalls the customary international
law as codified by the Vienna Convention on the Law of Treaties, and in particular
Article 19 (c), setting out that reservation that is incompatible with the object
and purpose of a treaty is not permissible.
Consequently, the Government of the Republic of Latvia objects to the aforesaid reservation
named as an interpretative declaration made by the State of Kuwait to the International
Convention for the Suppression of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the International
Convention between the Republic of Latvia and the State of Kuwait. Thus, the International
Convention will become operative without the State of Kuwait benefiting from its reservation.
Objection Finland, 30-05-2014
The Government of Finland has carefully examined the contents of the interpretative
declaration made by the State of Kuwait.
The Government of Finland is of the view that the declaration amounts to a reservation
as it unilaterally limits the scope of the Convention. The Government of Finland further
considers the reservation to be in contradiction with the object and purpose of the
Convention, namely the suppression of the financing of terrorist acts wherever and
by whomever carried out.
Moreover, the reservation is contrary to the terms of article 6 of the Convention
according to which States Parties commit themselves to adopt such measures as may
be necessary to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
The Government of Finland wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the treaty is not permitted. It is in the common interest
of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
Therefore, the Government of Finland objects to the above-mentioned reservation made
by the State of Kuwait to the Convention. This objection does not preclude the entry
into force of the Convention between Finland and Kuwait. The Convention will thus
become operative between the two States without Kuwait benefitting from its reservation.
Objection Belgium, 30-05-2014
The Government of the Kingdom of Belgium has examined the interpretative declaration
formulated by the Government of the State of Kuwait upon its accession to the International
Convention for the Suppression of the Financing of Terrorism (New York, 9 December
1999).
The Government of the Kingdom of Belgium considers that this interpretative declaration
in fact constitutes a reservation the aim of which is to restrict the scope of the
Convention by making the implementation of the Convention subject to the domestic
legislation in force in Kuwait.
The Government of the Kingdom of Belgium considers that the aim of this reservation
is to limit the scope of the Convention unilaterally and that it is contrary to the
purpose and objective of the Convention, which is to suppress the financing of terrorism,
wherever and by whomever committed.
Moreover, this declaration contravenes article 6 of the Convention, which states that
"'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."
The Government of the Kingdom of Belgium recalls that, under article 19, paragraph
(c) of the Vienna Convention on the Law of Treaties, no reservation can be made that
is incompatible with the object and purpose of this Convention.
The Belgian Government therefore opposes the aforementioned reservation made by the
Kuwaiti Government to the International Convention for the Suppression of the Financing
of Terrorism. This objection shall not preclude the entry into force of the Convention
between Belgium and Kuwait.
Objection Germany, 13-06-2014
The Government of the Federal Republic of Germany has carefully examined the interpretative
declaration made by the State of Kuwait upon its ratification of the International
Convention for the Suppression of the Financing of Terrorism of 9 December 1999.
By means of this interpretative declaration the State of Kuwait makes the application
of the Convention subject to its national legislation and thereby seeks to limit the
legal effects of the Convention unilaterally in its application to the State of Kuwait.
Therefore, the Government of the Federal Republic of Germany considers the interpretative
declaration made by the State of Kuwait to constitute in substance a reservation within
the meaning of article 2 paragraph 1 (d) of the Vienna Convention on the Law of Treaties.
Moreover, it is the object and purpose of the Convention to suppress the financing
of terrorist acts, including those defined in article 2 paragraph 1 (b). It follows
from article 6 of the Convention that such acts may not be justified by considerations
of a political, philosophical, ideological, racial, ethnic, religious or similar nature.
The Government of the Federal Republic of Germany is therefore of the opinion that
the reservation made by the State of Kuwait is incompatible with the object and purpose
of the Convention and is hence to be considered impermissible.
The Government of the Federal Republic of Germany therefore objects to this reservation.
This objection shall not preclude the entry into force of the Convention between the
Federal Republic of Germany and the State of Kuwait.
Objection Ireland, 13-06-2014
1. The Government of Ireland has examined the interpretative declaration made by Kuwait
upon accession to the International Convention for the Suppression of the Financing
of Terrorism, according to which the Government of Kuwait declares that the commitment
of the State of Kuwait to the Convention is without prejudice to its Arab and Islamic
obligations in respect of the definition of terrorism and the distinction between
terrorism and legitimate national struggle against occupation.
2. The Government of Ireland is of the view that this interpretative declaration amounts
to a reservation, as its purpose is to unilaterally limit the scope of the Convention.
The Government of Ireland is also of the view that this reservation is contrary to
the object and purpose of the Convention, namely suppressing the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention, wherever
and by whomever committed.
3. In the view of the Government of Ireland, a reservation should clearly define for
the other States Parties to the Convention the extent to which the reserving State
has accepted the obligations of the Convention. Reservations which consist of a general
reference to a system of obligations without specifying their contents do not do so.
4. The Government of Ireland considers that this reservation is contrary to the terms
of Article 6 of the Convention, according to which States Parties are under an obligation
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
5. The Government of Ireland recalls that, according to customary international law,
as codified in the Vienna Convention on the Law of Treaties, reservations that are
incompatible with the object and purpose of a convention are not permissible.
6. The Government of Ireland therefore objects to the aforesaid reservation made by
Kuwait to the International Convention for the Suppression of the Financing of Terrorism.
7. This objection shall not preclude the entry into force of the Convention between
Ireland and Kuwait.
Objection United Kingdom, 18-06-2014
The Government of the United Kingdom of Great Britain and Northern Ireland consider
that the Interpretative Declaration constitutes a Reservation limiting the scope of
the Convention and that the Reservation is not in compliance with Article 19 of the
Vienna Convention on the Law of Treaties in that it is incompatible with the object
and purpose of the Convention.
The purpose of the Convention is to suppress the financing of all terrorist acts.
The Government of the United Kingdom of Great Britain and Northern Ireland consider
the Reservation made by the State of Kuwait to be contrary to the terms of Article
6 of the Convention, under which States Parties are committed to ' 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 political, philosophical, ideological, racial, ethnic,
religious or other similar nature.'
The Government of the United Kingdom of Great Britain and Northern Ireland recall
that, according to customary international law as codified in the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
The Government of the United Kingdom of Great Britain and Northern Ireland therefore
object to the Interpretative Declaration made by the State of Kuwait to the Convention
. This objection shall not preclude the entry into force of the Convention between
Kuwait and the United Kingdom.
Objection Romania, 30-06-2014
The Government of Romania has examined the interpretative declaration made by the
Government of Kuwait to the International Convention for the Suppression of Financing
of Terrorism and appreciates that a declaration with reference to the provisions of
Islamic law is of unlimited scope and undefined character.
Moreover, this interpretative declaration is contrary to the terms of article 6 of
the Convention, according to which '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'.
Consequently, the Government of Romania considers that the declaration is in fact
a disguised reservation, incompatible with the object and purpose of the Convention
(which consists in the suppression of financing of terrorism in whatever form is committed)
and without effect under international law.
The objection shall not otherwise affect the entry into force of the Convention between
Romania and Kuwait. Thus, the International Convention for the Suppression of the
Financing of Terrorism will become operative without the Government of Kuwait benefitting
from its reservation.
Objection Spain, 30-06-2014
The Kingdom of Spain has examined the interpretative declaration made by the State
of Kuwait at the time of its consent to be bound by the International Convention for
the Suppression of the Financing of Terrorism (New York, 9 December 1999).
The Kingdom of Spain considers that the aforesaid interpretative declaration constitutes
a reservation that limits the application of the Convention, and that this reservation
is contrary to the object and purpose of the Convention, and also contrary to article
6 thereof, whereby States parties undertake to adopt such measures as may be necessary,
including, where appropriate, domestic legislation, to ensure that criminal acts within
the scope of the Convention are under no circumstances justifiable by considerations
of a political, philosophical, ideological, racial, ethnic, religious or other similar
nature.
The Kingdom of Spain recalls that, under the rule of customary law enshrined in article
19 (c) of the 1969 Vienna Convention on the Law of Treaties, reservations that are
incompatible with the object and purpose of an international treaty are not permitted.
The Kingdom of Spain therefore objects to the reservation formulated by Kuwait. This
objection shall not preclude the entry into force of the Convention between the Kingdom
of Spain and Kuwait.
Objection Switzerland, 01-07-2014
The Swiss Federal Council has examined the interpretative declaration made by the
State of Kuwait upon its accession to the International Convention for the Suppression
of the Financing of Terrorism of 9 December 1999 stating that "the commitment of the
State of Kuwait to the Convention is without prejudice to its Arab and Islamic obligations
in respect of the definition of terrorism and the distinction between terrorism and
legitimate national struggle against occupation".
The Federal Council considers that the interpretative declaration made by the State
of Kuwait seeks to narrow the scope of the Convention by limiting the definition of
acts of terrorism under the Convention. The interpretative declaration therefore in
substance constitutes a reservation, despite its designation. The Federal Council
is of the view that such acts are under no circumstances justifiable on the basis
of legitimate national struggle against occupation. The reservation is therefore incompatible
with the object and purpose of the Convention.
It is in the common interest of States that instruments to which they have chosen
to become parties should be respected, as to their object and purpose, by all parties,
and that States should be prepared to undertake any legislative changes necessary
to comply with their obligations under such instruments. The Swiss Federal Council
considers that a reservation that is incompatible with the object and purpose of the
Convention is invalid and has no legal effect.
The Swiss Federal Council objects to the reservation of the State of Kuwait. This
objection shall not preclude the entry into force of the Convention in its entirety
between Switzerland and the State of Kuwait.
Objection Austria, 03-07-2014
The Government of Austria has carefully examined the interpretative declaration made
by Kuwait upon the ratification of the International Convention for the Suppression
of the Financing of Terrorism. The Government of Austria is of the view that the declaration
amounts to a reservation as it unilaterally limits the scope of the Convention. The
Government of Austria further considers the reservation to be in contradiction with
the object and purpose of the Convention, namely the suppression of the financing
of terrorist acts wherever and by whomever carried out. The reservation is contrary
to the terms of Article 6 of the Convention, according to which States Parties commit
themselves to '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'. The Government of
Austria recalls that, according to customary international law as codified in the
Vienna Convention on the Law of Treaties, a reservation incompatible with the object
and purpose of a treaty shall not be permitted. It is in the common interest of States
that treaties to which they have chosen to become parties are respected as to their
object and purpose and that States are prepared to undertake any legislative changes
necessary to comply with their obligations under the treaties.
The Government of Austria therefore objects to the aforesaid reservation made by Kuwait
to the International Convention for the Suppression of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between Austria and Kuwait.
Objection Denmark, 07-07-2014
The Government of the Kingdom of Denmark has carefully examined the interpretative
declaration made by Kuwait upon accession to the International Convention for the
Suppression of the Financing of Terrorism.
The Government of Denmark considers that the interpretative declaration made by Kuwait
in substance constitutes a reservation limiting the scope of the Convention.
The Government of Denmark finds that with this reservation the application of the
Convention is made subject to national legislation in force in Kuwait.
The Government of Denmark considers that with this reservation Kuwait unilaterally
limits the scope of the Convention, contrary to its object and purpose of suppressing
the financing of terrorist acts wherever and by whomever they may be committed.
The Government of Denmark further considers the reservation to be contrary to the
terms of Article 6 of the Convention, according to which States Parties commit themselves
to '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'.
The Government of Denmark recalls that, according to Article 19 (c) of the Vienna
Convention on the Law of Treaties, a reservation which is incompatible with the object
and purpose of the Convention shall not be permitted.
The Government of Denmark therefore objects to the reservation of Kuwait to the International
Convention for the Suppression of the Financing of Terrorism. This objection shall
not preclude the entry into force of the Convention between Denmark and Kuwait.
Objection Canada, 10-07-2014
Canada's Permanent Mission to the United Nations presents its compliments to the Secretary-General
of the United Nations and has the honour to refer to the Secretary General's note
C.N.467.2013.TREATIES-XVIII.11 (Depositary Notification) dated July 11, 2013, which
communicated that the Secretary-General has received from the State of Kuwait an instrument
of accession to the International Convention for the Suppression of the Financing
of Terrorism 1999 "the Convention", with a proposed interpretive declaration submitted
in accordance with Article 24, paragraph 2 of the Convention.
The Permanent Mission informs the United Nations that the Government of Canada objects
to the interpretive declaration put forward by the State of Kuwait. The Government
of Canada has examined the declaration made by the State of Kuwait at the time of
its ratification of the International Convention for the Suppression of the Financing
of Terrorism and considers that the interpretive declaration (which Canada considers
amounts to a reservation) seeks to limit the scope of the Convention on a unilateral
basis and is contrary to the object and purpose of the Convention, which is the suppression
of the financing of terrorism, irrespective of who carries it out.
The Government of Canada considers the declaration to be contrary to the terms of
Article 6 of the Convention, according to which States Parties commit themselves to
"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".
The Government of Canada notes that, under established principles of international
treaty law, as reflected in Article 19(c) of the Vienna Convention Law of Treaties,
a reservation that is incompatible with the object and purpose of the treaty shall
not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become Party are respected, as to their object and purpose, by all Parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Canada therefore objects to the aforesaid declaration made by the
State of Kuwait to the International Convention for the Suppression of the Financing
of Terrorism. This objection shall not preclude the entry into force of the Convention
between Canada and Kuwait.
Objection Czech Republic, 10-07-2014
The Government of the Czech Republic has examined the interpretative declaration formulated
by the State of Kuwait upon its accession to the International Convention for the
Suppression of the Financing of Terrorism, in which the State of Kuwait declares that
the commitment of the State of Kuwait to the Convention is without prejudice to its
Arab and Islamic obligations in respect of the definition of terrorism and the distinction
between terrorism and legitimate national struggle against occupation.
The Government of the Czech Republic is of the view that the interpretative declaration
in fact constitutes a reservation, as the declaration purports to exclude or to modify
the legal effect of certain provisions of the Convention in their application to the
State of Kuwait. The Government of the Czech Republic considers that the reservation
is of general and vague nature, since it does not specify the content of the Arab
and Islamic obligations of the State of Kuwait in respect of the definition of terrorism
and the distinction between terrorism and legitimate national struggle against occupation.
Therefore, the character and scope of the reservation cannot be properly assessed.
The Government of the Czech Republic wishes to recall that reservations may not be
general or vague, since such reservations, without indicating in precise terms their
scope, make it impossible to assess whether or not they are compatible with the object
and purpose of the treaty.
In addition, the reservation formulated by the State of Kuwait leaves open the question
whether it is compatible with the object and purpose of the Convention, namely to
what extent the State of Kuwait commits itself to the binding definition of terrorist
acts, including the acts which are defined in paragraph 1 (b) of Article 2 of the
Convention and are directed against civilians or any other persons not taking an active
part in the hostilities in a situation of armed conflict. Such acts cannot be justified
with reference to the legitimate national struggle against occupation or with reference
to any other purpose and must be prosecuted irrespective of the circumstances or context
in which they take place and who carries them out. Thus, the reservation raises serious
doubts as to the commitment of the State of Kuwait to the object and purpose of the
Convention.
Therefore, the Government of the Czech Republic objects to the aforesaid reservation
formulated by the State of Kuwait. This objection shall not preclude the entry into
force of the Convention between the State of Kuwait and the Czech Republic, without
the State of Kuwait benefiting from its reservation.
Objection Italy, 14-07-2014
The Government of Italy has examined the interpretative declaration formulated by
the State of Kuwait upon its accession to the International Convention for the Suppression
of the Financing of Terrorism (9 December I999) according to which the Government
of Kuwait declares that the commitment of the State of Kuwait to the Convention is
without prejudice to its Arab and Islamic obligations in respect of the definition
of terrorism and the distinction between terrorism and legitimate national struggle
against occupation.
The Government of Italy considers that this interpretative declaration amounts to
a reservation which limits the scope of the Convention. The Government of Italy is
also of the view that this reservation is in contradiction with the object and purpose
of the Convention.
Moreover, the reservation is contrary to the terms of article 6 of the Convention
according to which States Parties commit themselves to adopt such measures as may
be necessary to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
[racial], ethnic, religious or other similar nature.
The Government of Italy recalls that according to customary international law, as
codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible
with the object and purpose of a convention are not permissible.
For these reasons the Government of Italy objects to the abovementioned interpretative
declaration formulated by the State of Kuwait.
This objection shall not preclude the entry into force of the Convention between Italy
and the State of Kuwait.
Objection Poland, 16-07-2014
The Government of the Republic of Poland has examined the interpretative declaration
made by the State of Kuwait to the International Convention for the Suppression of
the Financing of Terrorism, adopted by the General Assembly of the United Nations
on December 9, 1999.
The Government of the Republic of Poland considers that the interpretative declaration
made by the State of Kuwait in substance constitutes a reservation and it unilaterally
limits the scope of the Convention and it is, therefore, contrary to the object and
to the purpose of the Convention.
The Government of the Republic of Poland considers the declaration to be contrary
to the terms of Article 6 of the Convention, according to which States Parties commit
themselves to "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".
The Government of the Republic of Poland wishes to recall that according to Article
19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and the purpose of a treaty shall not be permitted.
The Government of the Republic of Poland therefore objects to the aforesaid declaration,
which in substance constitutes a reservation, made by the State of Kuwait to the International
Convention for the Suppression of the Financing of Terrorism, adopted by the General
Assembly of the United Nations on December 9, 1999. However this objection shall not
preclude the entry into force of the Convention between the Republic of Poland and
the State of Kuwait.
Objection United States of America, 21-07-2014
The Government of the United States of America, after careful review, considers the
declaration made by Kuwait to be a reservation that seeks to limit the scope of the
Convention on a unilateral basis. The reservation is contrary to the object and purpose
of the Convention, namely, the suppression of the financing of terrorist acts, irrespective
of where they take place and who carries them out.
The Government of the United States also considers the reservation to be contrary
to the terms of Article 6 of the Convention, which provides: "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."
The Government of the United States notes that, under established principles of international
treaty law, as reflected in Article 19(c) of the Vienna Convention on the Law of Treaties,
a reservation that is incompatible with the object and purpose of the treaty shall
not be permitted.
The Government of the United States therefore objects to the reservation made by the
Government of Kuwait upon ratification of the Convention. This objection does not,
however, preclude the entry into force of the Convention between the United States
and Kuwait.
26-08-2024
Withdrawal of interpretative declaration made upon accession:
The commitment of the State of Kuwait to the Convention is without prejudice to its
Arab and Islamic obligations in respect of the definition of terrorism and the distinction
between terrorism and legitimate national struggle against occupation.
Latvia
14-11-2002
In accordance with Article 7, paragraph 3 of the International Convention for the Suppression of the Financing of Terrorism, adopted at New York on 9th day of December 1999, the Republic of Latvia declares that it has established jurisdiction in all cases listed in Article 7, paragraph 2.
20-03-2003
In accordance with Article 2, paragraph 2 of the International Convention for the
Suppression of the Financing of Terrorism, adopted at New York on the 9th day of December
1999, the Republic of Latvia declares that in the application of the Convention to
the Republic of Latvia the following treaties shall be deemed not to be included in
the annex referred to in Article 2 paragraph 1, subparagraph (a) of the Convention:
1. International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on 17 December 1979,
2. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980,
3. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988,
4. 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;
5. International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
In accordance with Article 2, paragraph 2 of the International Convention for the
Suppression of the Financing of Terrorism, adopted at New York on the 9th day of December
1999, the Republic of Latvia notifies that the following treaties have entered into
force for the Republic of Latvia:
1. International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on 17 December 1979,
2. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980,
3. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988,
4. 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; and
5. International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
Lebanon
29-08-2019
[…] with a reservation regarding the definition of terrorism set forth in Article 2, paragraph 1 (b) of that Convention and an endorsement of the definition of terrorism set forth in articles 1 and 2 of the Arab counter-Terrorism Convention signed in Cairo on 22 April 1984.
Objection United States of America, 08-01-2020
… [T]he Government of the United States of America, after careful review, considers
Lebanon’s reservation and statement to be a reservation that seeks to limit the scope
of the Convention on a unilateral basis. The reservation is contrary to the object
and purpose of the Convention, namely, the suppression of the financing of terrorist
acts, irrespective of where they take place and who carries them out.
The Government of the United States also considers the reservation to be contrary
to the terms of Article 6 of the Convention, which provides: ‘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.’
The Government of the United States of America notes that, under established principles
of international treaty law, as reflected in Article 19(c) of the Vienna Convention
on the Law of Treaties, a reservation that is incompatible with the object and purpose
of the treaty shall not be permitted.
The Government of the United States therefore objects to the reservation and statement
made by the Government of Lebanon upon accession to the Convention. This objection
does not, however, preclude the entry into force of the Convention between the United
States and Lebanon.
Objection Romania, 17-04-2020
[…]
The Government of Romania considers that the aforementioned reservation and statement
constitute in fact a reservation that seeks to limit the scope of the Convention on
a unilateral basis and is therefore contrary to its object and purpose, which is the
suppression of the financing of terrorist acts, irrespective of where they take place
and of who carries them out.
The reservation is furthermore contrary to Article 6 of the Convention, according
to which States Parties commit themselves to ‘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’.
The Government of Romania recalls that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of Romania therefore objects to the aforementioned reservation made
by the Government of the Lebanese Republic to the International Convention for the
Suppression of the Financing of Terrorism. However, this objection shall not preclude
the entry into force of the Convention between Romania and the Lebanese Republic.
Objection Austria, 28-05-2020
The Government of Austria has carefully examined the reservation and statement made
by the Lebanese Republic upon accession to the International Convention for the Suppression
of the Financing of Terrorism on 29 August 2019.
Austria considers the statement to amount to a reservation as well, because it aims
at subjecting the application of the Convention for the Lebanese Republic to its own,
narrower definition of terrorism.
By excluding the definition of terrorism set forth in Article 2, paragraph 1 (b) of
the Convention and applying a different definition, Lebanon seeks to limit the scope
of the Convention on a unilateral basis. Austria considers these reservations to be
contrary to the object and purpose of the Convention, which is the suppression of
the financing of terrorism acts, irrespective of where they take place and of who
carries them out.
Furthermore, the reservations are contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to ‘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’.
Austria would like to recall that, according to customary law as codified in the Vienna
Convention on the Law of Treaties (Article 19, sub-paragraph (c)), a reservation incompatible
with the object and purpose of the Convention shall not be permitted. It is in the
common interest of states that treaties to which they have chosen to become parties
are respected as to their object and purpose, by all parties, and that states are
prepared to undertake any legislative changes necessary to comply with their obligations
under the treaties.
Austria therefore objects to the aforementioned reservations. This objection shall
not preclude the entry into force of the Convention between the Republic of Austria
and the Lebanese Republic in its entirety. The Convention will thus become operative
between the two states without Lebanon benefitting from the aforementioned reservations.
Objection Germany, 24-06-2020
… the Federal Government has carefully examined the reservation made by the Lebanese
Republic upon accession to the Convention on August 29, 2019 to Article 2(l)(b) thereof.
It is of the opinion that this reservation unilaterally limits the scope of the Convention
and is in contradiction to the object and purpose of the Convention, in particular
the object of suppressing the financing of terrorist acts wherever and by whomever
they may be committed.
The reservation is further contrary to the terms of Article 6 of the Convention, according
to which States Parties commit themselves to 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.
The Federal Government recalls that, according to customary international law as codified
in the Vienna Convention on the Law of Treaties, reservations that are incompatible
with the object and purpose of a convention are not permissible.
The Federal Government therefore objects to the above-mentioned reservation by the
Lebanese Republic to the International Convention for the Suppression of the Financing
of Terrorism. This objection shall not preclude the entry into force of the Convention
between the Federal Republic of
Germany and the Lebanese Republic in its entirety. The Convention will thus become
operative between the two States without the Lebanese Republic benefitting from the
aforementioned reservation.
Objection Slovenia, 06-07-2020
The Republic of Slovenia has carefully examined the reservation and statement made
by the Lebanese Republic upon accession to the International Convention for the Suppression
of the Financing of Terrorism, adopted in New York on 9 December 1999.
The Republic of Slovenia considers that this reservation regarding the exclusion of
the application of Article 2, paragraph 1 (b) of the aforementioned Convention and
of the definition of terrorism as an offence within the meaning of this Convention
therein, seeks to limit the scope of the Convention. This is incompatible with the
object and purpose of the treaty and therefore not permissible under Article 19 (c)
of the Vienna Convention on the Law of Treaties. Furthermore, the option of reservations
to paragraph 1 of the Article 2 of the Convention is not provided for in the Convention.
Therefore, the Republic of Slovenia objects to the reservation made by the Lebanese
Republic to Article 2, paragraph 1 (b) of the aforementioned Convention. This objection
shall not preclude the entry into force of the Convention between the Republic of
Slovenia and the Lebanese Republic in its entirety. The Convention shall thus become
operative between the two States without the Lebanese Republic benefitting from this
reservation.
Objection Czech Republic, 07-07-2020
The Government of the Czech Republic has examined the reservation and statement made
by the Lebanese Republic upon accession to the International Convention for the Suppression
of the Financing of Terrorism of December 9, 1999, (hereinafter as the 'Convention'),
according to which the Government of the Lebanese Republic purports to exclude the
application of the provisions of Article 2, paragraph 1 (b) of the Convention.
The Czech Republic considers that the statement also constitutes a reservation, as
its aim is to subject the application of the Convention for the Lebanese Republic
to a different, narrower definition of terrorism.
By excluding the definition of terrorism set forth in Article 2, paragraph 1 (b) of
the Convention and applying a different definition, Lebanon seeks to limit the scope
of the Convention on a unilateral basis.
The Government of the Czech Republic considers these reservations to be incompatible
with the object and purpose of the Convention, which is the suppression of the financing
of terrorist acts, irrespective of where they take place and of who carries them out.
In addition, the Government of the Czech Republic is of the view that the reservations
are contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to adopt such measures as may be necessary to ensure that
criminal acts within the scope of the Convention are under no circumstances justifiable
by considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature.
The Government of the Czech Republic wishes to recall that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, a reservation
incompatible with the object and purpose of a treaty shall not be permitted and that
such a reservation is null and void, and therefore devoid of any legal effect.
The Government of the Czech Republic therefore objects to the aforesaid reservations
made by the Lebanese Republic to the Convention. This objection shall not preclude
the entry into force of the Convention between the Lebanese Republic and the Czech
Republic. The Convention enters into force between Lebanon and the Czech Republic
without the Lebanese Republic benefiting from its reservations.
Objection France, 22-07-2020
… the Government of the French Republic has carefully examined the reservation and
statement made by Lebanon upon accession to the Convention for the Suppression of
the Financing of Terrorism of 9 December 1999.
The Government of the French Republic considers this statement and this reservation
to amount, by their effect, to a reservation, the purpose of which is to limit, on
a unilateral basis, the scope of the obligations set out in the Convention.
Since it relates to an essential provision of the Convention, namely the definition
of terrorism, this reservation has a general scope that could affect all the obligations
contained in the Convention.
Moreover, the Government of the French Republic considers that this reservation is
contrary to Article 6 of the Convention, which states that ‘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.’
The Government of the French Republic points out that, according to customary international
law codified in the Vienna Convention on the Law of Treaties of 23 May 1969, a reservation
incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the French Republic therefore objects to the reservation and statement
made by the Government of Lebanon upon accession to the Convention. However, this
objection shall not preclude the entry into force of the Convention between the French
Republic and Lebanon.
Objection Ireland, 29-07-2020
Ireland welcomes the accession of Lebanon to the International Convention for the
Suppression of the Financing of Terrorism on 29 August 2019.
Ireland has examined the reservation and statement made by Lebanon to the International
Convention for the Suppression of the Financing of Terrorism at the time of its accession
to the Convention on 29 August 2019.
Ireland is of the view that the reservation and statement of Lebanon, regarding the
definition for terrorism set forth in Article 2, paragraph 1 (b) of the Convention,
in substance constitutes a reservation, which seeks to limit the scope of the Convention
on a unilateral basis.
Ireland considers the reservation to be contrary to Article 6 of the Convention, according
to which States Parties commit themselves to “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”.
Ireland considers that the reservation is incompatible with the object and purpose
of the Convention, namely the suppression of the financing of terrorist acts, irrespective
of where they take place and who carries them out. Ireland recalls that under international
treaty law a reservation incompatible with the object and purpose of the treaty shall
not be permitted.
Ireland therefore objects to the aforesaid reservation made by Lebanon to the International
Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between Ireland
and Lebanon.
Objection Finland, 04-08-2020
The Government of Finland has carefully examined the contents of the reservation and
statement relating to subparagraph 1 (b) of Article 2 of the International Convention
for the Suppression of the Financing of Terrorism made by the Government of the Lebanese
Republic upon accession.
The Government of the Lebanese Republic has made a general reservation to sub paragraph
1 (b) of Article 2, which is central in defining offences within the meaning of the
Convention.
Furthermore, the Government apparently seeks to subject the application of the Convention
for the Lebanese Republic to its own definition of terrorism. If this is the intention
of the Government of the Lebanese Republic, the Government of Finland considers that
the statement part of the Lebanese submission constitutes a reservation as well. It
seems clear that the Government of the Lebanese Republic seeks to limit the scope
of the Convention on a unilateral basis.
The Government of Finland considers that reservations of this kind are in contradiction
with the object and purpose of the Convention, which is the suppression of the financing
of terrorist acts wherever and by whomever they may be carried out.
Furthermore, according to Article 6 of the Convention State Parties commit themselves
to adopt measures as may be necessary, including, where appropriate, domestic legislation,
to ensure that criminal acts within the scope of the Convention are under no circumstances
justifiable by
considerations of a political, philosophical, ideological, racial, ethnic, religious
or other similar nature.
The Government of Finland wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted. It is in the
common interest of states that treaties to which they have chosen to become parties
are respected as to their object and purpose and that states are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
The Government of Finland therefore objects to the abovementioned reservation made
by the Government of the Lebanese Republic to the International Convention for the
Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between Finland
and the Lebanese Republic. The Convention will thus become operative between the two
states without the Lebanese Republic benefiting from its reservation.
Objection Lithuania, 05-08-2020
The Government of the Republic of Lithuania has carefully examined the reservation
with a statement made by the Lebanese Republic upon accession to the International
Convention for the Suppression of the Financing of Terrorism on 29 August 2019.
The Government of the Republic of Lithuania considers that [the] Lebanese reservation
with statement regarding the definition of terrorism set forth in Article 2, paragraph
1 (b), of the Convention seeks to limit the scope of the Convention on a unilateral
basis, which is incompatible with the object
and purpose of the Convention, namely, the suppression of the financing of terrorism.
Furthermore, the Government of the Republic of Lithuania considers the reservation
with statement to be incompatible with Article 6 of the Convention, according to which
[a] 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.
Therefore, the Government of the Republic of Lithuania objects to the aforesaid reservation
with statement. This objection, however, shall not preclude the entry into force of
the Convention between the Republic of Lithuania and the Lebanese Republic.
Objection Poland, 10-08-2020
The Government of the Republic of Poland has examined the reservation made by the
Lebanese Republic regarding the definition of terrorism set forth in Article 2, paragraph
1 (b) of the International Convention for the Suppression of the Financing of Terrorism
adopted by the General Assembly of the United Nations on December 9, 1999.
The Government of the Republic of Poland considers that the reservation made by the
Lebanese Republic unilaterally limits the scope of the Convention and it is contrary
to the object and purpose of the Convention, which are to provide effective and comprehensive
manners of the suppression of the financing of international terrorism. The reservation
is incompatible with the main purpose of the convention, as it purports to exclude
the application of the Article 2, paragraph 1 (b) of the Convention, which defines
the act of the financing terrorism.
The Government of the Republic of Poland wishes to recall that according to Article
19 (c) of the Vienna Convention on the Law of Treaties, reservations incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of the Republic of Poland therefore objects to the aforesaid reservation
made by the Government of the Lebanese Republic to the International Convention for
the Suppression of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Poland and the Lebanese Republic.
Objection Hungary, 14-08-2020
Hungary has examined the reservation and statement relating to paragraph 1 (b) of
Article 2 of the International Convention for the Suppression of the Financing of
Terrorism (adopted by the General Assembly of the United Nations on 9 December 1999)
made by the Lebanese Republic at the time of its accession to the Convention.
Hungary considers that the reservation and statement made by the Lebanese Republic
constitute in fact a reservation, that seeks to limit the scope of the Convention
on a unilateral basis and is therefore contrary to its object and purpose, which is
the suppression of the financing of terrorist acts irrespective of where they take
place and of who carries them out.
Furthermore, the reservation is contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to ‘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.’
Hungary recalls that according to customary international law as codified in the Vienna
Convention on the Law of Treaties, a reservation incompatible with the object and
purpose of a treaty shall not be permitted.
Hungary therefore objects to the aforementioned reservation and statement made by
the Government of the Lebanese Republic to the International Convention for the Suppression
of the Financing of Terrorism. However, this objection shall not preclude the entry
into force of the Convention between Hungary and the Lebanese Republic.
Objection Greece, 18-08-2020
The Government of the Hellenic Republic has examined the reservation and statement
made by Lebanon upon accession, on 29 August 2019, to the International Convention
for the Suppression of the Financing of Terrorism.
Lebanon, through the above reservation and statement, excludes the definition of terrorism,
set forth in Article 2, paragraph 1 (b) of the aforementioned Convention and endorses
a different definition, thus seeking to unilaterally limit the scope of the Convention.
The Government of the Hellenic Republic considers that the said reservation and statement
amount, by their effect, to a reservation contrary to the object and purpose of the
Convention, namely, the suppression of the financing of terrorist acts wherever and
by whomever they may be committed.
The Government of the Hellenic Republic also notes that such a reservation, to the
extent that it is formulated in relation to an essential provision of the Convention,
namely the definition of terrorism, is of a general scope that could affect the implementation
of all the obligations set out in the Convention.
Furthermore, this reservation is considered to be contrary to the terms of Article
6 of the Convention, according to which States Parties commit themselves to ‘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’.
The Government of the Hellenic Republic recalls that, according to customary international
law, as codified by the Vienna Convention on the Law of the Treaties, a reservation
incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Hellenic Republic, therefore, objects to the above reservation.
This objection shall not preclude the entry into force of the Convention between the
Hellenic Republic and Lebanon.
Objection Switzerland, 20-08-2020
The Swiss Federal Council has examined the reservation and statement made by Lebanon
upon its accession to the International Convention for the Suppression of the Financing
of Terrorism of 9 December 1999, which read as follows: “… with a reservation regarding
the definition of terrorism set forth in Article 2, paragraph 1 (b) of that Convention
and an endorsement of the definition of terrorism set forth in articles 1 and 2 of
the Arab counter-Terrorism Convention signed in Cairo on 22 April 1984”.
The Federal Council considers that the reservation made by Lebanon has the effect
of excluding from the scope of application of the Convention the financing of terrorist
acts of “struggle … against foreign occupation and aggression for liberation and self-determination...”.
Such an exception could legitimize the financing of attacks against civilians and
other persons not taking part in the hostilities and, thus, restricts the scope of
application of the Convention. Consequently, the reservation is incompatible with
the object and purpose of the Convention.
It is in the common interest of States that instruments to which they have chosen
to become parties are respected as to their object and purpose by all parties and
that States are prepared to undertake any legislative changes to comply with their
treaty obligations.
The Swiss Federal Council henceforth objects to the reservation by Lebanon. This objection
shall not preclude the entry into force of the Convention, in its entirety, between
Switzerland and Lebanon.
Objection Netherlands, the Kingdom of the, 21-08-2020
The Government of the Kingdom of the Netherlands has carefully examined the reservation
and statement made by Lebanon upon accession to the International Convention for the
Suppression of the Financing of Terrorism on 29 August 2019, relating to Article 2,
paragraph 1 (b), thereof.
The Government of the Kingdom of the Netherlands considers that with this reservation
Lebanon unilaterally limits the scope of the Convention, contrary to its object and
purpose of suppressing the financing of terrorist acts wherever and by whomever they
may be committed.
The Government of the Kingdom of the Netherlands further considers the reservation
to be contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to ‘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’.
The Government of the Kingdom of the Netherlands recalls that, according to customary
international law as codified in Article 19 (c) of the Vienna Convention on the Law
of Treaties, reservations incompatible with the object and purpose of a treaty are
not permissible.
The Government of the Kingdom of the Netherlands therefore objects to the reservation
and statement of Lebanon to the International Convention for the Suppression of the
Financing of Terrorism. This objection shall not preclude the entry into force of
the Convention between the Kingdom of the Netherlands and Lebanon.
Objection Spain, 24-08-2020
The Kingdom of Spain has examined the reservation and statement made by the Lebanese
Republic upon accession to the International Convention for the Suppression of the
Financing of Terrorism (New York, 9 December 1999). The reservation is to article
2 (1) (b) of the Convention. The statement, which intends to limit the application
of the Convention, also constitutes a reservation.
The Kingdom of Spain considers that the aforementioned reservations are contrary to
the object and purpose of the Convention and also violate article 6 thereof, according
to which States Parties undertake to adopt such measures as may be necessary, including,
where appropriate, the adoption of domestic legislation, to ensure that criminal acts
within the scope of the Convention are under no circumstances justifiable by considerations
of a political, philosophical, ideological, racial, ethnic, religious or other similar
nature.
The Kingdom of Spain recalls that, under the rule of customary law enshrined in article
19 (c) of the 1969 Vienna Convention on the Law of Treaties, reservations that are
contrary to the object and purpose of international treaties shall not be permitted.
The Kingdom of Spain therefore objects to the reservation and statement made by the
Lebanese Republic.
This objection does not preclude the entry into force of the Convention between the
Kingdom of Spain and the Lebanese Republic.
Objection Belgium, 25-08-2020
The Kingdom of Belgium has carefully examined the reservation formulated by the Lebanese
Republic upon its accession, on 29 August 2019, to the International Convention for
the Suppression of the Financing of Terrorism (New York, 9 December 1999).
The Kingdom of Belgium considers that the aim of this reservation is to limit the
scope of the Convention unilaterally and that it is contrary to the purpose and objective
of the Convention, which is to suppress the financing of terrorism, wherever and by
whomever committed.
Moreover, this declaration contravenes article 6 of the Convention, which states that
“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.”
The Kingdom of Belgium recalls that, under article 19 of the Vienna Convention on
the Law of Treaties, a State may not formulate a reservation incompatible with the
object and purpose of a treaty.
The Kingdom of Belgium therefore objects to the aforementioned reservation made by
the Lebanese Republic to the International Convention for the Suppression of the Financing
of Terrorism. This objection shall not preclude the entry into force of the Convention
between Belgium and Lebanon.
Objection Slovakia, 25-08-2020
The Government of the Slovak Republic has carefully examined the reservation made
by Lebanon upon its accession to the International Convention for the Suppression
of the Financing of Terrorism.
By seeking to exclude the application of Article 2, paragraph 1 (b) of that Convention,
the reservation purports to alter the definition of terrorism set forth in the aforementioned
provision, and endorses, instead, a different definition stemming from a regional
instrument.
The Slovak Republic recalls that it is the object and purpose of the Convention to
suppress the financing of terrorist acts, including those defined in Article 2, paragraph
1 (b). Therefore, limiting the scope of the Convention by means of excluding certain
acts from its application contravenes the object and purpose of the Convention and
is deemed impermissible.
The Slovak Republic therefore considers the reservation formulated by Lebanon incompatible
with the object and purpose of the Convention and hereby objects to it. This objection
shall not preclude the entry into force of the Convention between the Slovak Republic
and Lebanon, without Lebanon benefiting from its reservation.
Objection Portugal, 26-08-2020
The Government of the Portuguese Republic has examined the reservation and statement
made by the Lebanese Republic to Article 2, paragraph 1 (b) of the International Convention
for the Suppression of the Financing of Terrorism and considers that it amounts to
a reservation that seeks to limit the scope of the [Convention] on a unilateral basis.
Furthermore, the Government of the Portuguese Republic considers that reservations
by which a State limits its responsibilities under the International Convention for
the Suppression of the Financing of Terrorism by not recognizing the definition of
terrorism established therein and binding itself to a different definition raises
doubts as to the commitment of the reserving State to the object and purpose of the
Convention, as the reservation is likely to deprive the provisions of the Convention
of their effect and [is] contrary to the object and purpose thereof.
The Government of the Portuguese Republic recalls that according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
Thus, the Government of the Portuguese Republic objects to this reservation. This
objection shall not preclude the entry into force of the Convention between the Portuguese
Republic and the Lebanese Republic.
Objection Estonia, 27-08-2020
Estonia has carefully examined the reservation and statement made by the Lebanese
Republic to Article 2, paragraph 1 (b) of the International Convention for the Suppression
of the Financing of Terrorism made at the time of its accession to the Convention.
Estonia considers that as the reservation and statement seeks to limit the scope of
the Convention on a unilateral [basis], the reservation and statement is contrary
to the object and purpose of the Convention. Estonia wishes to recall that by acceding
to the Convention, a State commits itself to suppress the financing of all terrorist
acts as [foreseen] by the Convention.
Furthermore, Estonia considers the reservation and statement to be also contrary to
the terms of Article 6 the Convention, according to which States Parties commit themselves
to ‘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.’
According to customary international law, as codified in the Vienna Convention on
the Law of Treaties, a reservation incompatible with the object and purpose of the
Convention shall not be permitted.
Estonia therefore objects to the aforesaid reservation and statement made by the Lebanese
Republic to the Convention.
This objection shall not preclude the entry into force in its entirety of the Convention
as between the Republic of Estonia and the Lebanese Republic.
Objection Croatia, 28-08-2020
The Republic of Croatia has carefully examined the reservation and statement made
by the Lebanese Republic upon its accession to the International Convention for the
Suppression of the Financing of Terrorism.
The Republic of Croatia considers that the reservation made by the Lebanese Republic
in relation to Article 2 paragraph 1 (b) of the said Convention unilaterally limits
the scope of the Convention and is contrary to the object and purpose of the Convention,
which is the suppression of the financing of terrorist acts wherever and by whomever
they may be committed.
The Republic of Croatia would like to recall that, according to Article 19 (c) of
the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of a treaty shall not be permitted.
The reservation is furthermore contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to 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.
It is in the common interest of States that treaties to which they have decided to
become Parties are respected in relation to their object and purpose. The Republic
of Croatia therefore objects to the aforementioned reservation made by the Lebanese
Republic to the International Convention for the Suppression of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Croatia and the Lebanese Republic in its entirety. The Convention
will thus become operative between the two States without the Lebanese Republic benefiting
from the aforementioned reservation.
Objection Sweden, 28-08-2020
The Government of Sweden has examined the content of the reservation and statement
relating to subparagraph 1 (b) of Article 2 of the International Convention for the
Suppression of the Financing of Terrorism made by the Government of the Lebanese Republic
upon accession.
The Government of Sweden is of the view that the statement of Lebanon in substance
constitutes a reservation, as it seeks to limit the scope of the Convention and to
subject the application of the Convention for the Lebanese Republic to a different
definition of terrorism.
The Government of Sweden considers that the reservations are incompatible with the
object and purpose of the Convention.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the reservations made by the Republic
of Lebanon to the International Convention for the Suppression of the Financing of
Terrorism. This objection shall not preclude the entry into force of the Convention
between the Republic of Lebanon and Sweden. The Convention enters into force in its
entirety between the Republic of Lebanon and Sweden, without the Republic of Lebanon
benefiting from its reservations.
Liechtenstein
09-07-2003
In accordance with article 7, paragraph 3, of the International Convention for the Suppression of the Financing of Terrorism, the Principality of Liechtenstein declares that it has established its jurisdiction over the offences set forth in article 2 of the Convention in all the cases provided for in article 7, paragraph 2, of the Convention.
Lithuania
20-02-2003
... it is provided in paragrah 2 of Article 24 of the said Convention, the Seimas
of the Republic of Lithuania declares that the Republic of Lithuania does not consider
itself bound by the provisions of paragraph 1 of Article 24 of the Convention stipulating
that any dispute concerning the interpretation or application of this Convention shall
be referred to the International Court of Justice.
... it is provided in subparagraph a) of paragraph 2 of the said Convention, the Seimas
of the Republic of Lithuania declares that in the application of this Convention to
the Republic of Lithuania, the International Convention for the Suppression of Terrorist
Bombings, adopted on 15 December 1997, shall be deemed not to be included in the annex
referred to in subparagraph a) of paragraph 1 of Article 2 of the Convention.
… it is provided in paragraph 3 of Article 7 of the said Convention, the Seimas of
the Republic of Lithuania declares that the Republic of Lithuania shall have jurisdiction
over the offences set forth in Article 2 of the Convention in all cases specified
in paragraph 2 of Article 7 of the Convention.
19-12-2024
Withdrawal of reservation made upon accession to paragraph 1 of Article 24.
Luxembourg
05-11-2003
Pursuant to article 2, paragraph 2, subparagraph (a), of the Convention, Luxembourg
declares that when the Convention is applied to it, the treaties listed in the annex
which have not yet been ratified by Luxembourg shall be deemed not to appear in the
annex.
As at the date of ratification of the Convention, the following treaties listed in
the annex had been ratified by Luxembourg:
Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague,
on 16 December 1970;
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,
done at Montreal, on 23 September 1971;
International Convention against the Taking of Hostages, adopted by the General Assembly
of the United Nations, on 17 December 1979;
Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 3
March 1980.
Malaysia
29-05-2007
1. The Government of Malaysia declares, pursuant to article 2 (2) (a) of the Convention,
that in the application of the Convention to Malaysia, the Convention shall be deemed
not to include the treaties listed in the Annex to the Convention which Malaysia is
not a party thereto.
2. In accordance with Article 7 (3) of the Convention, the Government of Malaysia
declares that it has established jurisdiction in accordance with its domestic laws
over the offences set forth in Article 2 of the Convention in all the cases provided
for in Article 7 (1) and 7 (2).
3. The Government of Malaysia understands Article 10 (1) of the Convention to include
the right of the competent authorities to decide not to submit any particular case
for prosecution before the judicial authorities if the alleged offender is dealt with
under national security and preventive detention laws.
4. (a) Pursuant to Article 24 (2) of the Convention, the Government of Malaysia declares
that it does not consider itself bound by article 24 (1) of the Convention; and
(b) The Government of Malaysia reserves the right specifically to agree in a particular
case to follow the arbitration procedure set forth in Article 24 (1) of the Convention
or any other procedure for arbitration.
Mauritius
14-12-2004
(i) in accordance with Article 2, paragraph 2, subparagraph (a) of the said Convention,
the Government of the Republic of Mauritius declares that in the application of this
Convention to the Republic of Mauritius, the following treaty shall be deemed not
to be included in the annex referred to in Article 2 [paragraph 1 subparagraph (a)]
of the said Convention, since the Republic of Mauritius is not yet a party thereto
-
(1) The International Convention on the Physical Protection of Nuclear Materials:
(ii) In accordance with Article 24(2) of the said Convention, the Government of the
Republic of Mauritius does not consider itself bound by Article 24 (1). The Government
of the Republic of Mauritius considers that any dispute may be referred to the International
Court of Justice only with the consent of all the Parties to the dispute.
Pursuant to Article 7, paragraph 3 of the said Convention, the Government of the Republic
of Mauritius declares that it has established jurisdiction over the offences set forth
in paragraph 2 of Article 7.
Mexico
24-02-2003
... in accordance with article 7, paragraph 3, of the Convention, Mexico exercises
jurisdiction over the offences defined in the Convention where:
(a) They are committed against Mexicans in the territory of another State party, provided
that the accused is in Mexico and has not been tried in the country in which the offence
was committed. Where it is a question of offences defined in the Convention but committed
in the territory of a non-party State, the offence shall also be defined as such in
the place where it was committed (art. 7, para. 2 (a));
(b) They are committed in Mexican embassies and on diplomatic or consular premises
(art. 7, para. 2 (b));
(c) They are committed abroad but produce effects or are claimed to produce effects
in the national territory (art. 7, para. 2 (c)).
Moldova
10-10-2002
1. Pursuant to article 2, paragraph 2 (a) of the International Convention for the
Suppression of the Financing of Terrorism, the Republic of Moldova declares that in
the application of the Convention the treaties the Republic of Moldova is not a party
to shall be deemed not to be included in the Annex of the Convention.
2. Pursuant to article 24, paragraph 2 of the International Convention for the Suppression
of the Financing of Terrorism, the Republic of Moldova declares that it does not consider
itself bound by the provisions of article 24, paragraph 1 of the Convention.
... pursuant to article 7, paragraph 3 of the Convention for the Suppression of the
Financing of Terrorism, adopted on December 9, 1999, in New York, the Republic of
Moldova has established its jurisdiction over the offenses set forth in article 2
in all cases referred to in article 7, paragraph 2.
Monaco
10-11-2001
The Principality of Monaco reports, pursuant to article 7, paragraph 3, of the International
Convention for the Suppression of the Financing of Terrorism adopted in New York on
9 December 1999, that it exercises very broad jurisdiction over the offences referred
to in that Convention.
The jurisdiction of the Principality is thus established pursuant to article 7, paragraph
1, over:
(a) Offences committed in its territory: this is the case in Monaco in application
of the general principle of territoriality of the law;
(b) Offences committed on board a vessel flying the Monegasque flag: this is the case
in Monaco in application of article L.633-1 et seq. of the Maritime Code;
Offences committed on board an aircraft registered under Monegasque law: the Tokyo
Convention of 14 September 1963, rendered enforceable in Monaco by Sovereign Order
No. 7.963 of 24 April 1984, specifies that the courts and tribunals of the State of
registration of the aircraft are competent to exercise jurisdiction over offences
and acts committed on board it;
(c) Offences committed by a Monegasque national: the Code of Criminal Procedure states
in articles 5 and 6 that any Monegasque comitting abroad an act qualified as a crime
or offence by the law in force in the Principality may be charged and brought to trial
there.
The jurisdiction of the Principality is also established pursuant to article 7, paragraph
2 when:
(a) The offence was directed towards or resulted in the carrying out of a terrorist
offence in its territory or against one of its nationals; articles 42 to 43 of the
Criminal Code permit the Monegasque courts, in general terms, to punish accomplices
of a perpetrator charged in Monaco with offences referred to in article 2 of the Convention;
(b) The offence was directed towards or resulted in the carrying out of a terrorist
offence against a State or government facility, including diplomatic or consular premises:
attacks aimed at bringing about devastation, massacres and pillage in Monegasque territory
are punishable under article 65 of the Criminal Code; in addition, article 7 of the
Code of Criminal Procedure provides for the charging and trial in Monaco of foreigners
who, outside the territory of the Principality, have committed a crime prejudicial
to the security of the State or a crime or offence against Monegasque diplomatic or
consular agents or premises;
(c) The offence was directed towards or resulted in a terrorist offence committed
in an attempt to compel the State to do or abstain from doing any act: the crimes
and offences in question normally correspond to one of those referred to above, directly
or through complicity;
(d) The offence was committed by a stateless person who had his or her habitual residence
in Monegasque territory: application of the general principle of territoriality of
the law permits the charging of stateless persons having their habitual residence
in Monaco;
(e) The offence was committed on board an aircraft operated by the Monegasque Government:
if the Monegasque Government directly operated an aircraft or an airline, its aircraft
would have to be registered in Monaco, and the Tokyo Convention of 14 September 1963
referred to above would then apply.
Mozambique
14-01-2003
... with the following declaration in accordance with its article 24, paragraph 2:
The Republic of Mozambique does not consider itself bound by the provisions of article
24 paragraph 1 of the Convention.
In this connection the Republic of Mozambique states that, in the each individual
case, the consent of all Parties to such a dispute is necessary for the submission
of the dispute to arbitration or to the International Court of Justice.
Furthermore, the Republic of Mozambique declare that:
The Republic of Mozambique, in accordance with its Constitution and domestic laws,
may not and will not extradite Mozambique citizens.
Therefore, Mozambique citizens will be tried and sentenced in national courts.
Myanmar
21-11-2001
The Government of the Union Myanmar declares in pursuance of Article 24, paragraph (2) of the International Convention for the Suppression of the Financing of Terrorism that it does not consider itself bound by the provisions of Article 24, paragraph (1).
16-08-2006
Regarding articles 13, 14 and 15 of the International Convention for the Suppression
of the Financing of Terrorism, the Union of Myanmar reserves its right to extradite
its own citizen or citizens.
Regarding article 24 of the International Convention for the Suppression of the Financing
of Terrorism, the Union of Myanmar declares that it does not consider itself bound
by paragraph 1 of the article 24 of the said Convention.
Regarding the 9 Conventions mentioned in the Annex of the International Convention
for the Suppression of the Financing of Terrorism, the Union of Myanmar declares that
it is yet to be a party to the Convention on the Physical Protection of Nuclear Material,
adopted at Vienna on 3 March 1980.
17-09-2012
Withdrawal of reservations to articles 13, 14 and 15 of the Convention.
Namibia
18-10-2012
That a struggle waged by people 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.
Objection Sweden, 22-05-2013
[...] The Government of Sweden has examined the reservation made by the Government
of Namibia upon ratification of the Convention, according to which the Government
of Namibia does not consider armed struggle against colonialism, occupation, aggression
and domination by foreign forces for the purpose of liberation or self determination
to be acts of terrorism.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Sweden further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which State parties are under an obligation
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, by all parties, and that States are prepared to undertake
any legislative changes necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the reservation made by Namibia to the
International Convention for the Suppression of the Financing of Terrorism. This objection
shall not preclude the entry into force of the Convention between Namibia and Sweden.
The Convention enters into force between Namibia and Sweden without Nambia benefiting
from its reservation.
Objection Poland, 26-07-2013
The Government of the Republic of Poland has examined the reservation made by the
Government of the Republic of Namibia to the International Convention for the Suppression
of the Financing of Terrorism relating to Article 2, paragraph 1 (b) thereof.
The Government of the Republic of Poland considers that the reservation made by the
Government of the Republic of Namibia unilaterally limits the scope of the Convention
and it is, therefore, contrary to the object and to the purpose of the Convention.
The Government of the Republic of Poland considers the reservation to be contrary
to the terms of Article 6 of the Convention, according to which States Parties commit
themselves to '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 their political, philosophical,
ideological, racial, ethnic, religious or other similar nature.
The Government of the Republic of Poland wishes to recall that according to Article
19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and the purpose of a treaty shall not be permitted.
The Government of the Republic of Poland therefore objects to the aforesaid reservation
made by the Government of the Republic of Namibia to the International Convention
for the Financing of Terrorism. However this objection shall not preclude the entry
into force of the Convention between the Republic of Poland and the Republic of Namibia.
Objection Czech Republic, 21-08-2013
The Government of the Czech Republic has examined the reservation made by the Government
of the Republic of Namibia upon ratification of the International Convention for the
Suppression of the Financing of Terrorism (hereinafter as the 'Convention'), according
to which the Government of the Republic of Namibia does not consider the armed struggle
waged by people against colonialism, occupation, aggression and domination by foreign
forces for the purpose of liberation or self-determination to be terrorist acts.
The Government of the Czech Republic considers this reservation to be incompatible
with the object and purpose of the Convention, namely the suppression of the financing
of terrorist acts, including the acts defined in paragraph 1 (b) of Article 2 of the
Convention and directed against civilians or any other persons not taking an active
part in the hostilities in a situation of armed conflict. Such acts cannot be justified
with reference to the struggle for liberation or self-determination or to any other
purpose and must be prosecuted irrespective of the circumstances or context in which
they take place and who carries them out.
In addition, the Government of the Czech Republic is of the view that the reservation
is contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to adopt such measures as may be necessary to ensure that
criminal acts within the scope of the Convention are under no circumstances justifiable
by considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature.
The Government of the Czech Republic wishes to recall that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, a reservation
incompatible with the object and purpose of a treaty shall not be permitted and that
such a reservation is null and void, and therefore devoid of any legal effect.
The Government of the Czech Republic therefore objects to the aforesaid reservation
made by the Republic of Namibia to the International Convention for the Suppression
of the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between the Republic of Namibia and the Czech Republic. The Convention
enters into force between Namibia and the Czech Republic without the Republic of Namibia
benefiting from its reservation.
Objection Latvia, 04-10-2013
The Government of the Republic of Latvia has examined the reservation made by the
Republic of Namibia upon ratification of the International Convention for the Suppression
of the Financing of Terrorism.
The Government of the Republic of Latvia considers that the aim of the said International
Convention is to prevent and suppress the financing of terrorism by whomsoever it
might be committed.
Therefore, the legitimate rights of self-determination of people and rights to fight
against the foreign occupation, as they are recognized by the principles of the international
law, cannot be subject of the International Convention.
Moreover, the Government of the Republic of Latvia holds the opinion that the reservation
conflicts with the terms of Article 6 of the International Convention setting out
the obligation for State Parties to adopt such measures as may be necessary to ensure
that criminal acts within the scope of the International Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or similar nature.
Furthermore, the Government of the Republic of Latvia recalls that customary international
law as codified by the Vienna Convention on the Law of Treaties and in particular
Article 19(c), sets out that reservations that are incompatible with the object and
purpose of a treaty are not permissible.
Therefore, the Government of the Republic of Latvia objects to the aforesaid reservation
made by the Republic of Namibia to the International Convention for the Suppression
of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the International
Convention between the Republic of Latvia and the Republic of Namibia. Thus, the International
Convention will become operative without the Republic of Namibia benefiting from its
reservation.
Objection Finland, 08-10-2013
The Government of Finland has carefully examined the contents of this reservation.
In view of the Government of Finland, it is in contradiction with the object and purpose
of the Convention, namely the suppression of the financing of terrorist acts wherever
and by whomever carried out. The reservation is, furthermore, contrary to the terms
of article 6 of the Convention according to which States Parties commit themselves
to adopt such measures as may be necessary to ensure that criminal acts within the
scope of the Convention are under no circumstances justifiable by considerations of
a political, philosophical, ideological, racial, ethnic, religious or other similar
nature.
The Government of Finland wishes to recall that, according to customary international
!aw as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the treaty is not permitted. It is in the common interest
of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
Therefore, the Government of Finland objects to the above-mentioned reservation made
by Namibia to the Convention. This objection does not preclude the entry into force
of the Convention between Finland and Namibia. The Convention will thus become operative
between the two States without Namibia benefitting from its reservation.
Objection Ireland, 10-10-2013
1. The Government of Ireland has examined the reservation contained in the instrument
of ratification of the International Convention for the Suppression of the Financing
of Terrorism, made by Namibia on 18 October 2012.
2. The Government of Ireland is of the view that this reservation is contrary to the
object and purpose of the Convention, namely suppressing the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention, wherever
and by whomever committed.
3. The Government of Ireland considers that this reservation is contrary to the terms
of Article 6 of the Convention, according to which States Parties are under an obligation
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
4. The Government of Ireland recalls that, according to customary international law
as codified in the Vienna Convention on the Law of Treaties, reservations that are
incompatible with the object and purpose of a convention are not permissible.
5. The Government of Ireland therefore objects to the aforesaid reservation made by
Namibia to the International Convention for the Suppression of the Financing of Terrorism.
6. This objection shall not preclude the entry into force of the Convention between
Ireland and Namibia.
Objection Switzerland, 11-10-2013
The Swiss Federal Council has examined the reservation formulated by the Republic
of
Namibia upon its accession to the International Convention for the Suppression of
the Financing of Terrorism of 9 December 1999, stating that a struggle waged by people
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.
The Federal Council considers that this reservation seeks to limit the scope of the
Convention by limiting the definition of terrorist acts under the Convention. The
Federal Council is of the view that such acts are under no circumstances justifiable
on the basis of the right of peoples to self-determination. The reservation is therefore
incompatible with the object and purpose of the Convention.
It is in the common interest of States that instruments to which they have chosen
to become parties should be respected, as to their object and purpose, by all parties
and that States should be prepared to undertake any legislative changes necessary
to comply with their obligations under such instruments. The Swiss Federal Council
considers that a reservation that is incompatible with the object and purpose of the
Convention is invalid and has no legal effect.
The Swiss Federal Council objects to the reservation made by the Republic of Namibia.
This objection shall not preclude the entry into force of the Convention in its entirety
between Switzerland and the Republic of Namibia.
Objection Slovakia, 14-10-2013
The Government of the Slovak Republic has carefully examined the reservation made
by the Republic of Namibia upon its ratification of the International Convention for
the Suppression of the Financing of Terrorism (1999). This reservation concerns the
right of people to self-determination and according to the Republic of Namibia 'a
struggle waged by people 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.'
The Government of the Slovak Republic is of the view that the right of people to selfdetermination
can never justify any act of terrorism in any form. The crimes falling within the
scope of the International Convention for the Suppression of the Financing of Terrorism
are defined under Article 2, paragraph 1 of this Convention. Firstly, it expressis
verbis applies to any act which constitutes an offence within the scope of and as
defined in one of the specific international treaties aimed at combatting terrorism.
Moreover, the Convention also covers 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. The latter is aimed
at protection of civilians and other persons during any armed conflict including struggle
for liberation or self-determination. In that regard, any terrorist act cannot be
exculpated through the exercise of the right of people to self-determination.
Furthermore, the reservation of the Republic of Namibia is contrary to Article 6 of
the Convention, as any criminal act within the scope of the Convention is under no
circumstances justifiable by considerations of a political, philosophical, ideological
racial, ethnic, religious or other similar nature.
Therefore, the Government of the Slovak Republic finds this reservation incompatible
with the object and the purpose of the Convention and inadmissible under article 19
(c) of the Vienna Convention on the Law of Treaties. Subsequently, it shall not be
permitted, in accordance with Article 24, paragraph 2 of the international Convention
for the Suppression of the Financing of Terrorism.
For these reasons, the Government of the Slovak Republic objects to the above mentioned
reservation made by the Republic of Namibia upon its ratification to the International
Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the International Convention
for the Suppression of the Financing of Terrorism between the Slovak Republic and
the Republic of Namibia. The Convention enters into force in its entirety between
the Slovak Republic and the Republic of Namibia, without the Republic of Namibia benefiting
from its reservation.
Objection Austria, 16-10-2013
The Government of Austria has carefully examined the reservation made by Namibia upon
the ratification of the International Convention for the Suppression of the Financing
of Terrorism.
The Government of Austria considers that this reservation limits the scope of the
Convention on a unilateral basis and is therefore contrary to its object and purpose,
which is the suppression of the financing of terrorist acts, irrespective of where
they take place and of who carries them out.
The Declaration is furthermore contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to '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.'
The Government of Austria recalls that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Austria therefore objects to the aforesaid reservation made by Namibia
to the International Convention for the Suppression of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between Austria and Namibia.
Objection Greece, 16-10-2013
The Government of the Hellenic Republic has examined the reservation formulated by
Namibia upon ratification of the International Convention for the Suppression of the
Financing of Terrorism.
The Government of the Hellenic Republic considers that this reservation seeks to limit
the scope of the Convention in a way which is incompatible with its object and purpose,
namely the suppression of the financing of terrorist acts wherever and by whomever
they may be committed.
Furthermore, this reservation is considered to be contrary to the terms of Article
6 of the Convention according to which States Parties commit themselves to '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'.
The Government of the Hellenic Republic recalls that according to Article 19 (c) of
the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of a treaty shall not be permitted.
The Government of the Hellenic Republic therefore objects to the above reservation.
This objection shall not preclude the entry into force of the Convention between Greece
and Namibia.
Objection Germany, 16-10-2013
The Government of the Federal Republic of Germany has carefully examined the reservation
made by the Republic of Namibia upon its ratification of the International Convention
for the Suppression of the Financing of Terrorism of 9 December 1999.
It is the object and purpose of the Convention, to suppress the financing of terrorist
acts, including those, defined in article 2 paragraph 1 (b). It follows from article
6 of the Convention that such acts may not be justified by considerations of a political,
philosophical, ideological, racial, ethnic, religious or similar nature.
The Government of the Federal Republic of Germany therefore considers that the reservation
made by the Republic of Namibia is incompatible with the object and purpose of the
Convention and is hence to be deemed impermissible.
The Government of the Federal Republic of Germany therefore objects to that reservation.
This objection shall not preclude the entry into force of the Convention between the
Federal Republic of Germany and the Republic of Namibia.
Objection Netherlands, the Kingdom of the, 16-10-2013
The Government of the Kingdom of the Netherlands has carefully examined the reservation
made by Namibia upon ratification of the International Convention for the Suppression
of the Financing of Terrorism.
The Government of the Kingdom of the Netherlands considers that with this reservation
Namibia unilaterally limits the scope of the Convention, contrary to its object and
purpose of suppressing the financing of terrorist acts wherever and by whomever they
may be committed.
The Government of the Kingdom of the Netherlands further considers the reservation
to be contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to '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'.
The Government of the Kingdom of the Netherlands recalls that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, a reservation
incompatible with the object and purpose of the Convention shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservation
of Namibia to the International Convention for the Suppression of the Financing of
Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Namibia.
Objection Belgium, 16-10-2013
The Government of the Kingdom of Belgium has examined the reservation formulated by
the Government of the Republic of Namibia to article 2, paragraph 1 (b), of the International
Convention for the Suppression of the Financing of Terrorism, stating that an armed
struggle waged by people... "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" by the Government of Namibia. The
Government of the Kingdom of Belgium considers that this reservation seeks to limit
the scope of the Convention on a unilateral basis and is contrary to the object and
purpose thereof, namely, the suppression of the financing of terrorist acts, wherever
and by whomever committed.
Moreover, this declaration is contrary to article 6 of the Convention, according to
which "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".
The Government of the Kingdom of Belgium recalls that, according to article 19, paragraph
(c), of the Vienna Convention on the Law of Treaties, reservations incompatible with
the object and purpose of the Convention are not permitted.
The Government of Belgium therefore objects to the aforementioned reservation made
by the Government of Namibia to the International Convention for the Suppression of
the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between Belgium and Namibia.
Objection Canada, 17-10-2013
The Permanent Mission informs the United Nations that the Government of Canada objects
to the reservation put forward by the Republic of Namibia. The Government of Canada
has examined the Reservation made by the Republic of Namibia at the time of its ratification
of the International Convention for the Suppression of the Financing of Terrorism
and considers that the Reservation seeks to limit the scope of the Convention on a
unilateral basis and is contrary to the object and purpose of the Convention, which
is the suppression of the financing of terrorism, irrespective of who carries it out.
The Government of Canada considers the Reservation to be contrary to the terms of
Article 6 of the Convention, according to which States Parties commit themselves to
'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'.
The Government of Canada notes that, under established principles of international
treaty law, as reflected in Article 19 (c) of the Vienna Convention on the Law of
Treaties, a reservation that is incompatible with the object and purpose of the treaty
shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Canada therefore objects to the aforesaid reservation made by the
Republic of Namibia to the International Convention for the Suppression of the Financing
of Terrorism. This objection shall not preclude the entry into force of the Convention
between Canada and Namibia.
Objection Norway, 17-10-2013
The Government of Norway has examined the reservation made by the Republic of Namibia
upon ratification of the International Convention for the Suppression of the Financing
of Terrorism (hereinafter the 'Convention'). According to the reservation, Namibia
does not consider the armed struggle waged by people against colonialism, occupation,
aggression and domination by foreign forces for the purposes of liberation or self-determination
to be terrorist acts.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Norway further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which State parties are under an obligation
to adopt such measures as may be necessary, including, where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances justifiable by considerations of a political, philosophical, ideological,
racial, ethnic, religious or other similar nature.
The Government of Norway wishes to recall that according to Article 19 (c) of the
Vienna Convention on the Law of Treaties, a reservation incompatible with the object
and purpose of a treaty shall not be permitted.
The Government of Norway therefore objects to the reservation made by the Government
of the Republic of Namibia to the International Convention for the Suppression of
the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between the Kingdom of Norway and the Republic of Namibia.
Objection Portugal, 17-10-2013
The Government of the Portuguese Republic has examined the reservation made by the
Republic of Namibia to Article 2, paragraph 1 (b), of the International Convention
for the Suppression of the Financing of Terrorism, on 18 October 2012, upon its ratification;
The Government of the Portuguese Republic considers that the reservation made by the
Government of Namibia seeks to limit the scope of the Convention on an unilateral
basis and is therefore contrary to its object and purpose, which is the suppression
of the financing of terrorist acts, irrespective of where they take place and who
carries them out.
The reservation is furthermore contrary to the terms of Article 6 of the Convention,
according to which State Parties commit themselves to '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'.
The Government of the Portuguese Republic recalls that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
The Government of the Portuguese Republic therefore objects to the aforesaid reservation
made by the Government of Namibia to Article 2, paragraph 1 (b), of the International
Convention for the Suppression of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between the Portuguese Republic and Namibia.
Objection United Kingdom, 17-10-2013
The Government of the United Kingdom of Great Britain and Northern Ireland have examined
the Reservation made by the Government of Namibia, 'That a struggle waged by people
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.'
The Government of the United Kingdom of Great Britain and Northern Ireland consider
that the Reservation is not in compliance with Article 19 of the Vienna Convention
on the Law of Treaties in that it is incompatible with the object and purpose of the
International Convention for the Suppression of the Financing of Terrorism.
The purpose of the Convention is to suppress the financing of all terrorist acts,
including those defined in paragraph 1 of Article 2 of the Convention. Furthermore,
the Government of the United Kingdom of Great Britain and Northern Ireland consider
the Reservation made by the Government of Namibia to be contrary to the terms of Article
6 of the Convention, under which States Parties are committed to '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'.
The Government of the United Kingdom of Great Britain and Northern Ireland recall
that, according to customary international law, as codified in the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
The Government of the United Kingdom of Great Britain and Northern Ireland therefore
object to the Reservation made by Namibia to the International Convention for the
Suppression of the Financing of Terrorism. This objection shall not preclude the entry
into force of the Convention between Namibia and the United Kingdom.
Objection United States of America, 17-10-2013
The Government of the United States of America, after careful review, considers the
reservation to be contrary to the object and purpose of the Convention, namely, the
suppression of the financing of terrorist acts, irrespective of where they take place
and who carries them out.
The Government of the United States also considers the reservation to be contrary
to the terms of Article 6 of the Convention, which provides: '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.'
The Government of the United States notes that, under established principles of international
treaty law, as reflected in Article 19 (c) of the Vienna Convention on the Law of
Treaties, a reservation that is incompatible with the object and purpose of the treaty
shall not be permitted.
The Government of the United States therefore objects to the reservation made by the
Government of Namibia upon ratification of the Convention. This objection does not,
however, preclude the entry into force of the Convention between the United States
and Namibia.
Objection Spain, 18-10-2013
The Kingdom of Spain has examined the reservation made by the Republic of Namibia
at the time of expression of consent to the International Convention for the Suppression
of the Financing of Terrorism (New York, 9 December 1999).
The Kingdom of Spain considers the aforesaid reservation to be contrary to the object
and purpose of the Convention, and also contrary to article 6 thereof, whereby States
parties undertake to adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of the Convention
are under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or other similar nature.
The Kingdom of Spain recalls that, under the customary-law provision enshrined in
article 19 (c) of the 1969 Vienna Convention on the Law of Treaties, reservations
that are incompatible with the object and purpose of an international treaty are not
permitted.
The Kingdom of Spain therefore objects to the reservation formulated by Namibia. This
objection shall not preclude the entry into force of the Convention between the Kingdom
of Spain and Namibia.
Objection France, 25-07-2014
The Government of the French Republic has examined the reservation made by the Government of Namibia upon ratification of the Convention for the suppression of the financing of terrorism, under which Namibia states "[t]hat a struggle waged by people 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". The Convention aims at the suppression of the financing of any terrorist act and provides under its article 6 that "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". The Government of the French Republic considers that the Government of Namibia has thus formulated a reservation contrary to the object and purpose of the Convention, namely the suppression of the financing of any terrorist act. It therefore formulated an objection. This objection does not preclude the entry into force of the Convention between France and Namibia.
Netherlands, the Kingdom of the
23-03-2005
The Kingdom of the Netherlands understands Article 10, paragraph 1, of the International Convention for the Suppression of the Financing of Terrorism to include the right of the competent judicial authorities to decide not to prosecute a person alleged to have committed such an offence, if, in the opinion of the competent judicial authorities grave considerations of procedural law indicate that effective prosecution will be impossible.
22-03-2010
Confirmation of declaration of 23 March 2005.
New Zealand
04-11-2002
... and declares, in accordance with Article 2, paragraph 2 (a), of the Convention,
that, in the application of the Convention to New Zealand, the Convention on the Physical
Protection of Nuclear Materials adopted at Vienna on [3 March 1980] shall be deemed
not to be included in the annex referred to in Article 2, paragraph 1 (a), as New
Zealand is not yet a party to it; ...
With a territorial exclusion with respect to Tokelau to the effect that: .... consistent
with the constitutional status of Tokelau and taking into account the commitment of
the Government of New Zealand to the development of self-government for Tokelau through
an act of self-determination under the Charter of the United Nations, this ratification
shall not extend to Tokelau unless and until a Declaration to this effect is lodged
by the Government of New Zealand with the Depositary on the basis of appropriate consultation
with that territory."
Nicaragua
14-11-2002
In accordance with the provisions of article 2, paragraph 2, subparagraph (a), of
the International Convention for the Suppression of the Financing of Terrorism, the
Government of Nicaragua declares:
That, in the application of this Convention, the treaties listed in the annex referred
to in article 2, paragraph 1, subparagraph (a), shall be deemed not to be included,
given that Nicaragua is not yet a party to the following conventions:
1. International Convention against the Taking of Hostages, adopted by the United
Nations General Assembly on 17 December 1979.
2. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980.
3. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988.
4. 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.
North Macedonia
30-08-2004
The following treaties are to be deemed not to be included in the annex:
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
done on 10 March 1988;
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.
Norway
15-07-2002
In accordance with article 7, paragraph 3 of the Convention, Norway hereby declares that it has established its jurisdiction over the offences set forth in article 2, of the Convention in all cases provided for in article 7, paragraph 2, of the Convention.
Oman
10-11-2011
In accordance with the provisions of Article 24, paragraph 2, the Sultanate of Oman declares that it does not consider itself bound by Article 24, paragraph 1, and consequently does not accept mandatory recourse to arbitration or to the jurisdiction of the International Court of Justice.
Pakistan
17-06-2009
Article 11
The Government of the Islamic Republic of Pakistan declares that pursuant to Article
11 paragraph 2, of the Convention, it does not take this Convention as the legal basis
for cooperation on extradition with other States Parties.
Article 14
Extradition to other countries shall be subject to the domestic laws of Pakistan.
Article 24
The Government of the Islamic Republic of Pakistan does not consider itself bound
by Article 24, Paragraph 1 of the International Convention for the Suppression of
the Financing of Terrorism. The
Government of Islamic Republic of Pakistan hereby declares that, for a dispute to
be referred to the
International Court of Justice, the agreement of all parties shall in every case be
required.
Objection United Kingdom, 15-06-2010
The Government of the United Kingdom of Great Britain and Northern Ireland has examined
the said reservation. The reservation provides that, ‘Extradition to other countries
shall be subject to the
domestic laws of Pakistan’. Reservations that leave it uncertain to what extent a
State consents to be
bound by its obligations are in the opinion of the Government of the United Kingdom
to be treated as
general reservations, which are not compatible with the object and purpose of a Convention.
The Government of the United Kingdom of Great Britain and Northern Ireland considers
that the above reservation is of that character and therefore objects to it. This
objection shall not preclude the entry into force of the Convention as between the
United Kingdom and Pakistan.
Objection Netherlands, the Kingdom of the, 16-06-2010
The Government of the Kingdom of the Netherlands has examined the reservations of
the Islamic Republic of Pakistan upon accession to the International Convention for
the Suppression of the
Financing of Terrorism.
The Government of the Kingdom of the Netherlands notes that the reservation with respect
to Article 14 of the Convention would give precedence to domestic law in force in
the Islamic Republic of
Pakistan.
The Government of the Kingdom of the Netherlands considers that a reservation which
consists of a general reference to national law, without specifying its contents,
does not clearly define to other States Parties to the Convention to what extent the
Islamic Republic of Pakistan considers itself
bound by the obligations of the Convention and raises concerns as to the commitment
of the Islamic
Republic of Pakistan to the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands considers that reservations of this
kind must be regarded as incompatible with the object and purpose of the Convention
and would recall that,
according to customary international law, as codified in the Vienna Convention on
the Law of Treaties,
reservations incompatible with the object and purpose of the Convention shall not
be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservation made by the Islamic Republic of Pakistan to the Convention.
This objection does not constitute an obstacle to the entry into force of the Convention
between the Kingdom of the Netherlands and the Islamic Republic of Pakistan.
Objection Japan, 18-06-2010
The Government of Japan has carefully examined the declaration described as a reservation,
relating to Article 14 of the International Convention for the Suppression of the
Financing of Terrorism,
opened for signature at the United Nations Headquarters in New York on 10 January
2000 (hereinafter
referred to as the Convention), made by the Government of the Islamic Republic of
Pakistan when
acceding to the Convention.
The Government of Japan considers that, if the Islamic Republic of Pakistan purported
to exclude or to limit the legal effect of the provision of the said Article in its
application to the Islamic Republic of Pakistan and thereby not to implement the obligation
of the country under the said Article, the aforesaid declaration would amount to a
reservation that is incompatible with the object and purpose
of the Convention.
The Government of Japan recalls that such reservation shall not be permitted under
established rules of international law.
The Government of Japan thus considers the aforesaid declaration made by the Government
of the Islamic Republic of Pakistan to have no effect on the application of the Convention,
including Article 14, between the two countries.
Philippines
07-01-2004
... , in ratifying the Convention, the Philippines has to declare, as it hereby declares,
that in the application of the Convention the following treaties to which it is not
yet a party shall be deemed not included in the annex:
(a) 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;
(b) Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
Navigation;
(c) Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms
located on the Continental Shelf;
(d) International Convention for the Suppression of Terrorist Bombings.
... , this declaration shall cease to have effect upon entry into force of the said
treaties with respect to the Philippines.
25-06-2004
... pursuant to Article 2 (a) of the International Convention on the Financing of
Terrorism, the Philippine Government has become State Party to the following international
instruments:
1. Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, entered into force for [the Republic of the Philippines] on 16 January
2004 ([Republic of Philippines] ratification deposited with the ICAO on 17 December
2003);
2. International Convention for the Suppression of Terrorist Bombings, entered into
force for [the Republic of the Philippines] on 06 February 2004 ([Republic of the
Philippines] ratification deposited with the UN Secretary-General on 07 January 2004);
3. Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
Navigation, entered into force for [the Republic of the Philippines] on 05 April 2004
( [Republic of the Philippines] ratification deposited with the IMO on 06 January
2004); and
4. Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms
Located on the Continental Shelf, entered into force for [the Republic of the Philippines]
on 05 April 2004 ( [Republic of the Philippines] ratification deposited with the IMO
on 06 January 2004).
Qatar
27-06-2008
( ... ) with reservation regarding paragraph 1 of Article (24) concerning submission of disputes to International Arbitration or to the International Court of Justice.
Republic of Korea, the
07-07-2004
Pursuant to Article 7, Paragraph 3 of the International Convention for the Suppression
of the Financing of Terrorism, the Republic of Korea provides the following information
on its criminal jurisdiction. Principles on the criminal jurisdiction are set out
in the Chapter I of Part I of the Korean Penal Code. The provisions have the following
wording;
Article 2 (Domestic Crimes)
This Code shall apply to anyone, whether Korean or alien, who commits a crime within
the territorial boundary of the Republic of Korea.
Article 3 (Crimes by Koreans outside Korea)
This Code shall apply to a Korean national who commits a crime outside the territorial
boundary of the Republic of Korea.
Article 4 (Crimes by Aliens on board Korean Vessel, etc., outside Korea)
This Code shall apply to an alien who commits a crime on board a Korean vessel or
a Korean aircraft outside the territorial boundary of the Republic of Korea.
Article 5 (Crimes by Aliens outside Korea)
This Code shall apply to an alien who commits any of the following crimes outside
the territorial boundary of the Republic of Korea:
1. Crimes concerning insurrection;
2. Crimes concerning treason;
3. Crimes concerning the national flag; 4. Crimes concerning currency;
5. Crimes concerning securities, postage and revenue stamps;
6. Crimes specified in Articles 225 through 230 among crimes concerning documents;
and
7. Crimes specified in Article 238 among crimes concerning seal.
Article 6 (Foreign Crimes against the Republic of Korea and Koreans outside Korea)
This Code shall apply to an alien who commits a crime, other than those specified
in the preceding Article, against the Republic of Korea or its national outside the
territorial boundary of the Republic of Korea, unless such act does not constitute
a crime, or it is exempt from prosecution or execution of punishment under the lex
loci delictus.
Article 8 (Application of General Provisions)
The provisions of the preceding Articles shall also apply to such crimes as are provided
by other statutes unless provided otherwise by such statutes.
Romania
09-01-2003
In accordance with Article 2, paragraph 2, subparagraph (a) of the Convention, Romania
declares that, on the date of the application of this Convention to Romania, the International
Convention for the Suppression of Terrorism Bombings of 15 December 1997, shall be
deemed not to be included in the annex referred to in Article 2, paragraph 1, subparagraph
(a).
In accordance with Article 7, paragraph 3 of the Convention, Romania declares that
establishes its jurisdiction for the offences referred to in Article 2, in all cases
referred to in Article 7, paragraphs 1 and 2, according with the relevant provisions
of the internal law.
Russian Federation
27-11-2002
1. The Russian Federation, pursuant to article 7, paragraph 3, of the Convention,
declares that it establishes its jurisdiction over the acts recognized as offences
under article 2 of the Convention in the cases provided for in article 7, paragraphs
1 and 2, of the Convention; ...
2. It is the position of the Russian Federation that the provisions of article 15
of the Convention must be applied in such a way as to ensure the inevitability of
responsibility for perpetrating crimes falling within the purview of the Convention,
without prejudice to the effectiveness of international cooperation with regard to
the questions of extradition and legal assistance.
Saint Lucia
18-11-2011
In accordance with Article 2, paragraph 2, subparagraph (a) of the Convention for
the
Suppression of the Financing of Terrorism, the Government of Saint Lucia declares
that in the
application of this Convention to Saint Lucia, the following treaties shall be deemed
not to be included
in the Annex referred to in Article 2, paragraph 1 (a) of the Convention, as Saint
Lucia is not a party to
these treaties:
1. 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.
2. International Convention against the Taking of Hostages, adopted by the General
Assembly of
the United Nations on 17 December 1979.
3. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March
1980.
4. International Convention for the Suppression of Terrorist Bombings, adopted by
the General
Assembly of the United Nations on 15 December 1997.
In accordance with Article 24, paragraph 2 of the Convention, the Government of Saint
Lucia
does not consider itself bound by the provision of Article 24, paragraph 1 of the
Convention, and takes
the position that any dispute may only be referred to the International Court of Justice
with the consent of all the parties to the dispute.
Saint Vincent and the Grenadines
28-03-2002
In accordance with Article 2 paragraph 2 a) of the said Convention, however, the Government
of Saint Vincent and the Grenadines declares that in the application of this Convention
to Saint Vincent and the Grenadines the following treaties shall be deemed not to
be included in the Annex referred to in its Article 2 paragraph 1(a):
1. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980.
2. International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
Further, in accordance with Article 24 paragraph 2 of the said Convention, the Government
of Saint Vincent and the Grenadines declares that it does not consider itself bound
by paragraph 1 of Article 24. The Government of Saint Vincent and the Grenadines considers
that any dispute may be referred to the International Court of Justice only with the
consent of all the parties to the dispute.
Saudi Arabia
23-08-2007
1. The Kingdom of Saudi Arabia has decided to establish its jurisdiction over all
offences
provided for in article 7, paragraph 2 of the Convention.
2. The Kingdom of Saudi Arabia does not consider itself bound by article 24, paragraph
1 of
the Convention relating to the submission to arbitration of any dispute concerning
the interpretation or
application of this Convention, or their referral to the International Court of Justice
should settlement
by arbitration be impossible.
3. The Convention on the Physical Protection of Nuclear Material is not deemed by
the
Kingdom of Saudi Arabia to be included in the annex referred to in article 2, paragraph
1 (a) of the
Convention.
Singapore
18-12-2001
... the Government of the Republic of Singapore makes the following reservations in
relation to Article 2 and Article 24 of the 1999 International Convention for the
Suppression of the Financing of Terrorism:
i) The Republic of Singapore declares, in pursuance of Article 2, paragraph 2 (a)
of the Convention that in the application of this Convention, the treaty shall be
deemed not to include the treaties listed in the annex of this Convention which the
Republic of Singapore is not a party to.
ii) The Republic of Singapore declares, in pursuance of Article 24, paragraph 2 of
the Convention that it will not be bound by the provisions of Article 24 paragraph
1 of the Convention.
30-12-2002
Declarations:
(1) The Republic of Singapore understands that Article 21 of the Convention clarifies
that nothing in the Convention precludes the application of the law of armed conflict
with regard to legitimate military objectives.
(2) in accordance with the provision of Article 7, paragraph 3, the Republic of Singapore
gives notification that it has established jurisdiction over the offences set forth
in Article 2 of the Convention in all the cases provided for in Article 7, paragraph
2 of the Convention.
Reservations:
(1) With respect to Article 2, paragraph 2 (a) of the Convention, the Republic of
Singapore declares that the treaty shall be deemed not to include the treaties listed
in the annex of this Convention which the Republic of Singapore is not a party to.
(2) The Republic of Singapore declares, in pursuance of Article 24, paragraph 2 of
the Convention that it will not be bound by the provisions of Article 24, paragraph
1 of the Convention.
Slovakia
13-09-2002
Pursuant to article 7, paragraph 3, of the International Convention for the Suppression of the Financing of Terrorism, the Slovak Republic declares that it shall exercise its jurisdiction as provided for under article 7, paragraph 2, subparagraphs a) to e) of the Convention.
Slovenia
23-09-2004
Pursuant to Article 7, Paragraph 3 of the International Convention for the Suppression of the Financing of Terrorism, the Republic of Slovenia declares that it has established jurisdiction over the offences in accordance with Paragraph 2.
Spain
09-04-2002
In accordance with the provisions of article 7, paragraph 3, the Kingdom of Spain gives notification that its courts have international jurisdiction over the offences referred to in paragraphs 1 and 2, pursuant to article 23 of the Organization of Justice Act No. 6/1985 of 1 July 1985.
Suriname
19-07-2013
[I]n the application of the aforementioned Convention the following treaties listed
in the Annex referred to in Article 2, paragraph 1, subparagraph a, shall be deemed
not to be included:
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;
Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3
March 1980;
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
done at Rome on 10 March 1988;
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;
International Convention for the Suppression of Terrorist Bombings, adopted by the
General Assembly of the United Nations on 15 December 1997.
Sweden
05-11-2002
Pursuant to article 7 (3) of the International Convention for the Suppression of the
Financing of Terrorism, Sweden provides the following information on Swedish criminal
jurisdiction. Rules on Swedish criminal jurisdiction are laid down in Chapter 2 Section
1-5 in the Swedish Penal Code. The provisions have the following wording:
Section 1
Crimes committed in this Realm shall be adjudged in accordance with Swedish law and
by a Swedish court. The same applies when it is uncertain where the crime was committed
but grounds exist for assuming that it was committed within the Realm.
Section 2
Crimes committed outside the Realm shall be adjudged according to Swedish law and
by a Swedish court when the crime has been committed:
1. by a Swedish citizen or an alien domiciled in Sweden,
2. by an alien not domiciled in Sweden who, after having committed the crime, has
become a Swedish citizen or has acquired domicile in the Realm or who is a Danish,
Finnish, Icelandic or Norwegian citizen and is present in the Realm, or
3. By any other alien who is present in the Realm, and the crime under Swedish Law
can result in imprisonment for more than six months.
The first paragraph shall not apply if the act is not subject to criminal responsibility
under the law of the place where it was committed or if it was committed within an
area not belonging to any state and, under Swedish law, the punishment for the act
cannot be more severe than a fine.
In cases mentioned in this Section, a sanction may not be imposed which is more severe
than the most severe punishment provided for the crime under the law in the place
where it was committed.
Section 3
Even in cases other than those listed in Section 2, crimes committed outside the Realm
shall be adjudged according to Swedish law and by a Swedish court:
1. if the crime was committed on board a Swedish vessel or aircraft, or was committed
in the course of duty by the officer in charge or by a member of its crew,
2. if the crime was committed by a member of the armed forces in an area in which
a detachment of the armed forces was present, or if it was committed by some other
person in such an area and the detachment was present for a purpose other than exercise,
3. if the crime was committed in the course of duty outside the Realm by a person
employed in a foreign contingent of the Swedish armed forces,
3a. if the crime was committed in the course of duty outside the Realm by a policeman,
custom officer or official employed at the coast guard, who performs boundless assignments
according to an international agreement that Sweden has ratified,
4. if the crime committed was a crime against the Swedish nation, a Swedish municipal
authority or other assembly, or against a Swedish public institution,
5. if the crime was committed in an area not belonging to any state and was directed
against a Swedish citizen, a Swedish association or private institution, or against
an alien domiciled in Sweden,
6. if the crime is hijacking, maritime or aircraft sabotage, airport sabotage, counterfeiting
currency, an attempt to commit such crimes, a crime against international law, unlawful
dealings with chemical weapons, unlawful dealings with mines or false or careless
statement before an international court, or
7. if the least severe punishment prescribed for the crime in Swedish law is imprisonment
for four years or more.
Section 3 a
Besides the cases described in Sections 1-3, crimes shall be adjudged according to
Swedish law by a Swedish court in accordance with the provisions of the Act on International
Collaboration concerning Proceedings in Criminal matters.
Section 4
A crime is deemed to have been committed where the criminal act was perpetrated and
also where the crime was completed or in the case of an attempt, where the intended
crime would have been completed.
Section 5
Prosecution for a crime committed within the Realm on a foreign vessel or aircraft
by an alien, who was the officer in charge or member of its crew or otherwise travelled
in it, against another alien or a foreign interest shall not be instituted without
the authority of the Government or a person designated by the Government.
Prosecution for a crime committed outside the Realm may be instituted only following
the authorisation referred to in the first paragraph. However, prosecution may be
instituted without such an order if the crime consists of a false or careless statement
before an international court or if the crime was committed:
1. on a Swedish vessel or aircraft or by the officer in charge or some member of its
crew in the course of duty,
2. by a member of the armed forces in an area in which a detachment of the armed forces
was present,
3. in the course of duty outside the Realm by a person employed by a foreign contingent
of the Swedish armed forces,
4. in the course of duty outside the Realm by a policeman, custom officer or official
employed at the coast guard, who performs boundless assignments according to an international
agreement that Sweden has ratified,
5. in Denmark, Finland, Iceland or Norway or on a vessel or aircraft in regular commerce
between places situated in Sweden or one of the said states, or
6. By a Swedish, Danish, Finnish, Icelandic or Norwegian citizen against a Swedish
interest.
Switzerland
23-09-2003
Pursuant to article 7, paragraph 3, of the International Convention for the Suppression of the Financing of Terrorism, Switzerland establishes its jurisdiction over the offences set forth in article 2 in all the cases provided for in article 7, paragraph 2.
Syria
24-04-2005
A reservation concerning the provisions of its article 2, paragraph 1 (b), inasmuch
as the Syrian Arab Republic considers that acts of resistance to foreign occupation
are not included under acts of terrorism;
Pursuant to article 2, paragraph 2 (a) of the Convention, the accession of the Syrian
Arab Republic to the Convention shall not apply to the following treaties listed in
the annex to the Convention until they have been adopted by the Syrian Arab Republic:
1. The International Convention against the Taking of Hostages, adopted by the General
Assembly on 17 December 1979;
2. The Convention on the Physical Protection of Nuclear Materials, adopted at Vienna
on 3 March 1980;
3. The International Convention for the Suppression of Terrorist Bombings, adopted
by the General Assembly on 15 December 1997.
Pursuant to article 24, paragraph 2, of the Convention, the Syrian Arab Republic declares
that it does not consider itself bound by paragraph 1 of the said article;
The accession of the Syrian Arab Republic to this Convention shall in no way imply
its recognition of Israel or entail its entry into any dealings with Israel in the
matters governed by the provisions thereof.
Objection Latvia, 30-09-2003
The Government of the Republic of Latvia has examined the reservation made by the
Syrian Arab Republic to the International Convention of the Suppression of the Financing
of Terrorism upon accession to the Convention regarding Article 2 paragraph 1 (b)
thereof.
The Government of the Republic of Latvia is of the opinion that this reservation unilaterally
limits the scope of the Convention and is thus in contradiction to the objectives
and purposes of the Convention to suppress the financing of terrorist acts wherever
and by whomsoever they may be carried out.
Moreover, the Government of the Republic of Latvia considers that the reservation
conflicts with the terms of Article 6 of the Convention setting out the obligation
for State Parties to adopt such measures as may be necessary to ensure that criminal
acts within the scope of the Convention are under no circumstances justifiable by
considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature.
The Government of the Republic of Latvia recalls that customary international law
as codified by Vienna Convention on the Law of Treaties, and in particular Article
19 (c), sets out that reservations that are incompatible with the object and purpose
of a treaty are not permissible.
The Government of the Republic of Latvia therefore objects to the aforesaid reservation
made by the Syrian Arab Republic to the International Convention for the Suppression
of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between the Republic of Latvia and the Syrian Arab Republic. Thus, the Convention
will become operative without the Syrian Arab Republic benefiting from its reservation.
Objection Italy, 12-01-2005
The Government of Italy has examined the reservation made by the Government of the
Syrian Arab Republic upon accession to the International Convention for the Suppression
of the Financing of Terrorism, according to which the Syrian Arab Republic considers
that acts of resistance to foreign occupation are not included under acts of terrorism
within the meaning of paragraph 1 (b) of Article 2 of the Convention.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 9B0 of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Italy further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which the States Parties are under an
obligation to adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of the Convention
are under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or other similar nature.
The Government of Italy wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Italy objects to the reservation made by the Syrian Arab Republic
to the International Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Syrian Arab Republic and Italy. The Convention enters into force between the Syrian
Arab Republic and Italy, without the Syrian Arab Republic benefiting from its reservation.
Objection Finland, 20-07-2005
The Government of Finland has carefully examined the contents of the reservation relating
to paragraph 1 (b) of article 2 of the Convention for the Suppression of the Financing
of Terrorism made by the Government of the Syrian Arab Republic.
The Government of Finland considers the reservation to be in contradiction with the
object and purpose of the Convention, namely the suppression of the financing of terrorist
acts wherever and by whomever they may be carried out.
The reservation is, furthermore, contrary to the terms of Article 6 of the Convention
according to which State Parties commit themselves to adopt measures as may be necessary
to ensure that criminal acts within the scope of the Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or similar nature.
The Government of Finland wishes to recall that, according to the customary international
law as codified in the Vienna Convention on the Law of the Treaties, a reservation
incompatible with the object and purpose of the Convention shall not be permitted.
It is in the common interest of states that treaties to which they have chosen to
become parties are respected as to their object and purpose and that states are prepared
to undertake any legislative changes necessary to comply with their obligations under
the treaties.
The Government of Finland therefore objects to the above-mentioned reservation made
by the Government of the Syrian Arab Republic to the Convention.
This objection does not preclude the entry into force of the Convention between the
Syrian Arab Republic and Finland. The Convention will thus become operative between
the two states without the Syrian Arab Republic benefiting from its reservation.
Objection France, 15-08-2005
The Government of the French Republic has examined the reservations made by the Government of the Syrian Arab Republic upon accession to the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999, inasmuch as Syria considers, with regard to the provisions of article 2, paragraph 1 (b) of the Convention that "… Acts of resistance to foreign occupation are not included under acts of terrorism …". However, the Convention applies to the suppression of the financing of all acts of terrorism and states particularly in its article 6 that "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". The Government of the French Republic considers that the said reservation is contrary to the object and the purpose of the Convention and objects to the reservation. This objection does not preclude the entry into force of the Convention between Syria and France.
Objection Germany, 16-08-2005
The Government of the Federal Republic of Germany has carefully examined the reservation
made by the Syrian Arab Republic to the International Convention for the Suppression
of the Financing of Terrorism upon accession to the Convention relating to Article
2 paragraph 1 (b) thereof. It is of the opinion that this reservation unilaterally
limits the scope of the Convention and is thus in contradiction to the object and
purpose of the Convention, in particular the object of suppressing the financing of
terrorist acts wherever and by whomever they may be committed.
The reservation is further contrary to the terms of Article 6 of the Convention, according
to which States Parties commit themselves to 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.
The Government of the Federal Republic of Germany recalls that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, reservations
that are incompatible with the object and purpose of a convention are not permissible.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
reservation by the Syrian Arab Republic to the International Convention for the Suppression
of the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention as between the Federal Republic of Germany and the Syrian Arab Republic.
Objection Netherlands, the Kingdom of the, 30-08-2005
The Government of the Kingdom of the Netherlands has carefully examined the reservation
made by the Syrian Arab Republic to the International Convention for the Suppression
of the Financing of Terrorism upon accession to the Convention relating to Article
2 paragraph 1 (b) thereof. It is of the opinion that this reservation unilaterally
limits the scope of the Convention and is in contradiction to the object and purpose
of the Convention, in particular the object of suppressing the financing of terrorist
acts wherever and by whomever they may be committed.
The reservation is further contrary to the terms of Article 6 of the Convention, according
to which States Parties commit themselves to 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.
The Government of the Kingdom of the Netherlands recalls that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, reservations
that are incompatible with the object and purpose of a convention are not permissible.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned
reservation by the Syrian Arab Republic to the International Convention for the Suppression
of the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention as between the Kingdom of the Netherlands and the Syrian Arab Republic."
Objection Portugal, 31-08-2005
The Government of Portugal considers that the declaration made by the Government of
the Syrian Arab Republic is in fact a reservation that seeks to limit the scope of
the convention on a unilateral basis and is therefore contrary to its object and purpose,
which is the suppression of the financing of terrorist acts, irrespective of where
they take place and who carries them out.
The declaration is furthermore contrary to the terms of the Article 6 of the Convention
according to which State Parties commit themselves to "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".
The Government of Portugal recalls that, according to Article 19 (c) of the Vienna
Convention on the Law of Treaties, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
The Government of Portugal therefore objects to the aforesaid reservation made by
the Government of the Syrian Arab Republic to the International Convention for the
Suppression of the Financing of Terrorism. However, this objection shall not preclude
the entry into force of the Convention between Portugal and the Syrian Arab Republic.
Objection Austria, 12-09-2005
The Government of Austria has carefully examined the Declaration relating to paragraph
1 (b) of Article 2 of the International Convention for the Suppression of the Financing
of Terrorism made by the Government of the Syrian Arab Republic at the time of its
ratification of the Convention.
The Government of Austria considers that this declaration is in fact a reservation
that seeks to limit the scope of the Convention on a unilateral basis and is therefore
contrary to its object and purpose, which is the suppression of the financing of terrorist
acts, irrespective of where they take place and of who carries them out.
The Declaration is furthermore contrary to the terms of Article 6 of the Convention,
according to which States Parties commit themselves to "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."
The Government of Austria recalls that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose and that States are prepared
to undertake any legislative changes necessary to comply with their obligations under
the treaties.
The Government of Austria therefore objects to the aforesaid reservation made by the
Government of the Syrian Arab Republic to the International Convention for the Suppression
of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between Austria and the Syrian Arab Republic.
Objection Denmark, 15-09-2005
The Government of the Kingdom of Denmark has examined the reservation made by Government
of the Syrian Arab Republic to the International Convention for the Suppression of
the Financing of Terrorism upon accession to the Convention relating to Article 2
paragraph 1 (b) thereof.
The Government of Denmark considers that the reservation made by the Government of
the Syrian Arab Republic unilaterally limits the scope of the Convention and that
the reservation is contrary to the Convention's object and purpose, namely the suppression
of the financing of terrorist acts, irrespective of where they take place or who carries
them out.
The Government of Denmark further considers the reservation to be contrary to the
terms of Article 6 of the Convention, according to which States Parties commit themselves
to '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'.
The Government of Denmark recalls that, according to Article 19(c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
The Government of Denmark therefore objects to the aforesaid reservation made by the
Government of the Syrian Arab Republic to the International Convention for the Suppression
of the Financing of Terrorism. However, this objection shall not preclude the entry
into force of the Convention as between the Kingdom of Denmark and the Syrian Arab
Republic.
Objection Estonia, 23-09-2005
The Government of the Republic of Estonia has carefully examined the reservation relating
to Article 2, paragraph 1, sub-paragraph (b) of the International Convention for the
Suppression of the Financing of Terrorism made by the Syrian Arab Republic at the
time of its accession to the Convention. The Government of Estonia considers the Syrian
reservation to be contrary to the object and purpose of the Convention, namely the
suppression of the financing of terrorist acts, irrespective of where they take place
or who carries them out.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in Article 2, paragraph 1, sub-paragraph (b). The Government
of Estonia finds that such acts can never be justified with reference to resistance
to foreign occupation.
Furthermore, the Government of Estonia is in the position that the reservation is
contrary to the terms of Article 6 of the Convention, according to which States Parties
commit themselves to "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".
The Government of Estonia recalls that according to Article 19, sub-paragraph (c)
of the Vienna Convention on the Law f Treaties, a reservation incompatible with the
object and purpose of the Convention shall not be permitted. It is in the common interest
of states that all parties respect the treaties to which they have chosen to become
parties as to their object and purpose, and that states are prepared to take all necessary
measures to comply with their obligations under the treaties.
The Government of Estonia therefore objects to the afore-mentioned reservation made
by the Syrian Arab Republic to the International Convention for the Suppression of
the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between the Republic of Estonia and the Syrian Arab Republic.
Objection Norway, 04-10-2005
The Government of Norway has examined the contents of the reservation relating to
paragraph 1 (b) of article 2 to the Convention for the Suppression of the Financing
of Terrorism made by the Syrian Arab Republic.
The Government of Norway considers the reservation to be in contradiction with the
object and purpose of the Convention, namely the suppression of the financing of terrorist
acts wherever and by whomever they may be carried out.
The reservation is, furthermore, contrary to the terms of Article 6 of the Convention
according to which State Parties commit themselves to adopt measures as may be necessary
to ensure that criminal acts within the scope of the Convention are under no circumstances
justifiable by considerations of a political, ideological, racial, ethnic, religious
or similar nature.
The Government of Norway wishes to recall that according to customary international
law as codified in the Vienna Convention on the Law of Treaties a reservation incompatible
with the object and purposes of the Convention shall not be permitted.
It is in the common interest of states that treaties to which they have chosen to
become parties are respected as to their object and purpose and that states are prepared
to undertake any legislative changes necessary to comply with the obligations under
the treaties.
The Government of Norway therefore objects to the above-mentioned reservations made
by the Government of the Syrian Arab Republic to the Convention.
This objection does not preclude the entry into force of the Convention between the
Syrian Arab Republic and Norway. The Convention will thus become operative between
the two states without the Syrian Arab Republic benefiting from its declaration.
Objection Sweden, 05-10-2005
The Government of Sweden has examined the reservation made by the Government of the
Syrian Arab Republic upon accession to the International Convention for the Suppression
of the Financing of Terrorism, according to which the Syrian Arab Republic considers
that acts of resistance to foreign occupation are not included under acts of terrorism
within the meaning of paragraph 1 (b) of Article 2 of the Convention.
The object and purpose of the Convention is to suppress the financing of terrorist
acts, including those defined in paragraph 1 (b) of Article 2 of the Convention. Such
acts can never be justified with reference to the exercise of people's right to self-determination.
The Government of Sweden further considers the reservation to be contrary to the terms
of Article 6 of the Convention, according to which the States parties are under an
obligation to adopt such measures as may be necessary, including, where appropriate,
domestic legislation, to ensure that criminal acts within the scope of the Convention
are under no circumstances justifiable by considerations of a political, philosophical,
ideological, racial, ethnic, religious or other similar nature.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the reservation made by the Syrian Arab
Republic to the International Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Syrian Arab Republic and Sweden. The Convention enters into force between the Syrian
Arab Republic and Sweden, without the Syrian Arab Republic benefiting from its reservatio
Objection Belgium, 24-10-2005
The Government of Belgium has examined the reservation formulated by the Syrian Arab
Republic upon accession to the International Convention for the Suppression of the
Financing of Terrorism, in particular the part of the reservations and declarations
relating to the provisions of article 2, paragraph 1 (b), of the Convention, in which
the Syrian Arab Republic declares that it considers "that acts of resistance to foreign
occupation are not included under acts of terrorism". The Government of Belgium considers
that this reservation seeks to limit the scope of the Convention on a unilateral basis,
which is contrary to the object and purpose thereof, namely, the suppression of the
financing of acts of terrorism, wherever and by whomever committed.
Moreover, this reservation contravenes article 6 of the Convention, according to which
"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".
The Government of Belgium recalls that, under article 19 (c) of the Vienna Convention
on the Law of Treaties, no reservation may be formulated that is incompatible with
the object and purpose of the Convention.
The Government of Belgium therefore objects to the above-mentioned reservation made
by the Syrian Arab Republic to the International Convention for the Suppression of
the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between Belgium and the Syrian Arab Republic.
Objection Hungary, 28-02-2006
The Government of the Republic of Hungary has examined the declaration relating to
paragraph 1 (b) of article 2 of the International Convention for the Suppression of
the Financing of Terrorism made by the Government of the Syrian Arab Republic at the
time of its accession to the Convention. The Government of the Republic of Hungary
considers that the declaration made by the Government of the Syrian Arab Republic
is in fact a reservation that seeks to limit the scope of the Convention on a unilateral
basis and is therefore contrary to its object and purpose, which is the suppression
of the financing of terrorist acts, irrespective of where they take place and of who
carries them out.
The declaration is furthermore contrary to the terms of article 6 of the Convention
according to which States Parties commit themselves to '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'.
The Government of the Republic of Hungary recalls that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of the Republic of Hungary therefore objects to the aforesaid reservation
made by the Government of the Syrian Arab Republic to the International Convention
for the Suppression of the Financing of Terrorism. However, this objection shall
not preclude the entry into force of the Convention between the Republic of Hungary
and the Syrian Arab Republic.
Objection United States of America, 09-03-2006
The Government of the United States of America, after careful review, considers the
reservation contrary to the object and purpose of the Convention, namely, the suppression
of the financing of terrorist acts, irrespective of where they take place and who
perpetrates them.
The Government of the United States also considers the reservation to be contrary
to the terms of Article 6 of the Convention, which provides: "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."
The Government of the United States notes that, under established principles of international
treaty law, as reflected in Article 19(c) of the Vienna Convention on the Law of Treaties,
a reservation that is incompatible with the object and purpose of the treaty shall
not be permitted.
The Government of the United States therefore objects to the explanatory declaration
relating to paragraph 1(b) of Article 2 made by the Government of Syria upon accession
to the International Convention for the Suppression of the Financing of Terrorism.
This objection does not, however, preclude the entry into force of the Convention
between the United States and the Syrian Arab Republic.
Objection Spain, 04-04-2006
The Government of the Kingdom of Spain has examined the reservation entered by the
Syrian Arab Republic to article 2, paragraph 1 (b), of the International Convention
for the Suppression of the Financing of Terrorism upon ratifying that instrument.
The Government of the Kingdom of Spain considers that this reservation is incompatible
with the object and purpose of the Convention.
The Government of the Kingdom of Spain considers, in particular, that the reservation
entered by the Syrian Arab Republic is incompatible with article 6 of the Convention,
whereby States parties undertake to adopt such measures as may be necessary, including,
where appropriate, domestic legislation, to ensure that criminal acts within the scope
of the Convention are under no circumstances justifiable by considerations of a political,
philosophical, ideological, racial, ethnic, religious or other similar nature.
The Government of the Kingdom of Spain recalls that, under the customary-law provision
enshrined in article 19 (c) of the 1969 Vienna Convention on the Law of Treaties,
reservations that are incompatible with the object and purpose of the treaty concerned
are not permitted.
Accordingly, the Government of the Kingdom of Spain objects to the reservation entered
by the Syrian Arab Republic to article 2, paragraph 1 (b), of the International Convention
for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of Spain and the Syrian Arab Republic.
Objection Canada, 26-04-2006
The Government of Canada has examined the Reservation made by the Government of the
Syrian Arab Republic at the time of its ratification of the International Convention
for the Suppression of the Financing of Terrorism and considers that the Reservation
seeks to limit the scope of the Convention on a unilateral basis and is contrary to
the object and purpose of the Convention which is the suppression of the financing
of terrorism, irrespective of who carries it out.
The Government of Canada considers the Reservation to be, furthermore, contrary to
the terms of Article 6 of the Convention, according to which States Parties commit
themselves to 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.
The Government of Canada recalls that, according to Article 19 (c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become party are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties. The Government of Canada therefore objects to
the aforesaid reservation made by the Government of the Syrian Arab Republic to the
International Convention for the Suppression of the Financing of Terrorism. This objection
shall not preclude the entry into force of the Convention between Canada and the Syrian
Arab Republic.
Objection Poland, 28-04-2006
The Government of the Republic of Poland has examined the reservation made by the
Government of the Syrian Arab Republic to the International Convention for the Suppression
of the Financing of Terrorism relating to article 2, paragraph 1 (b) thereof.
The Government of the Republic of Poland considers that the reservation made by the
Government of the Syrian Arab Republic unilaterally limits the scope of the Convention
and it is, therefore, contrary to the object and purpose of the Convention.
The Government of the Republic of Poland considers that the reservation to be contrary
to the terms of article 6 of the Convention, according to which States Parties commit
themselves to '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 their political, philosophical,
ideological, racial, ethnic, religious or other similar nature'.
The Government of the Republic of Poland wishes to recall that according to article
19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of the Republic of Poland therefore objects to the aforesaid reservation
made by the Government of the Syrian Arab Republic to the International Convention
for the Financing of Terrorism. However, this objection shall not preclude the entry
into force of the Convention between the Republic of Poland and the Syrian Arab Republic.
Objection United Kingdom, 01-05-2006
The Government of the United Kingdom of Great Britain and Northern Ireland has examined
the reservation relating to article 2, paragraph 1 (b) of the International Convention
for the Suppression of the Financing of Terrorism made by the Government of the Syrian
Arab Republic at the time of its accession to the Convention.
The Government of the United Kingdom objects to the aforesaid reservation.
Objection Japan, 01-05-2006
When depositing its instrument of accession, the Government of Syrian Arab Republic
made a reservation which reads as follows: A reservation concerning the provisions
of its article 2, paragraph 1 (b), inasmuch as the Syrian Arab Republic considers
that acts of resistance to foreign occupation are not included in the acts of terrorism.
In this connection, the Government of Japan draws attention of the provisions of article
6 of the Convention, according to which each State Party shall adopt such measures
as may be necessary, including, where appropriate, domestic legalisation, to ensure
that criminal acts within the scope of this Convention are under no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
etnic, religious or other simular nature.
The Government of Japan considers that the aforementioned reservation made by the
Syrian Arabic Republic seeks to exclude acts of resistance to foreign occupation from
application of the Convention and that such reservation constitutes a reservation
which is incompatible with the object and purpose of the Convention. The Government
of Japan therefore objects to the reservation made by the Syrian Arabic Republic.
Objection Ireland, 23-06-2006
The Government of Ireland have examined the reservation made by the Government of
the Syrian Arab Republic upon accession to the International Convention for the Suppression
of the Financing of Terrorism, done at New York on 9 December 1999, according to which
the Syrian Arab Republic does not consider acts of resistance to foreign occupation
as terrorist acts within the meaning of paragraph 1 (b) of Article 2 of the Convention.
Ireland (23 June 2003): The Government of Ireland are of the view that this reservation
is contrary to the object and purpose of the Convention, namely suppressing the financing
of terrorist acts, including those defined in paragraph 1 (b) of Article 2 of the
Convention, wherever and by whomever committed.
This reservation is contrary to the terms of Article 6 of the Convention, according
to which States parties are under an obligation to adopt such measures as may be necessary,
including, where appropriate, domestic legislation, to ensure that criminal acts within
the scope of the Convention are under no circumstances justifiable by considerations
of a political, philosophical, ideological, racial, ethnic, religious or other similar
nature.
The Government of Ireland recall that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible
with the object and purpose of a convention are not permissible. It is in the common
interest of States that treaties to which they have chosen to become party are respected
as to their object and purpose and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under these treaties.
The Government of Ireland therefore object to the reservation made by the Syrian Arab
Republic to the International Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between Ireland
and the Syrian Arab Republic. The Convention enters into force between Ireland and
the Syrian Arab Republic, without the Syrian Arab Republic benefiting from its reservation.
Objection Czech Republic, 23-08-2006
The Government of the Czech Republic has examined the reservation relating to paragraph
1 (b) of Article 2 of the International Convention for the Suppression of the Financing
of Terrorism made by the Government of the Syrian Arab Republic at the time of its
accession to the Convention.
The Government of the Czech Republic considers the reservation to be incompatible
with the object and purpose of the Convention, namely the suppression of the financing
of terrorist acts, including those defined in paragraph 1 (b) of Article 2 of the
Convention, irrespective of where they take place and who carries them out.
In addition, the Government of the Czech Republic is of the view that the reservation
is contrary to the terms of Article 6 of the Convention, according to which States
Parties commit themselves to adopt such measures as may be necessary to ensure that
criminal acts within the scope of the Convention are under no circumstances justifiable
by considerations of a political, philosophical, ideological, racial, ethnic, religious
or similar nature.
The Government of the Czech Republic wishes to recall that, according to customary
international law as codified in the Vienna Convention on the Law of Treaties, a reservation
incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Czech Republic therefore objects to the aforesaid reservation
made by the Government of the Syrian Arab Republic to the International Convention
for the Suppression of the Financing of Terrorism. This objection shall not preclude
the entry into force of the Convention between the Syrian Arab Republic and the Czech
Republic. The Convention enters into force between the Syrian Arab Republic and the
Czech Republic without the Syrian Arab Republic benefiting from its reservation.
Thailand
29-09-2004
I. The Kingdom of Thailand declares in pursuance to Article 2 paragraph 2 (a) of the
Convention that in the application of this Convention, the following treaties, which
the Kingdom of Thailand is not a party to, shall not be included in the annex of this
Convention.
1. 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.
2. International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on 17 December 1979.
3. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980.
4. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988.
5. 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.
6. International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
II. The Kingdom of Thailand declares, in pursuance to Article 24 paragraph 2 of the
Convention, that it does not consider itself bound by Article 24 paragraph 1 of the
Convention.
Trinidad and Tobago
23-09-2009
....pursuant to paragraph 2 of Article 24 the Government of the Republic of Trinidad and Tobago declares that it does not consider itself bound by paragraph 1 of Article 24 of the Convention.
Tunisia
10-06-2003
The Republic of Tunesia,
In ratifying the International Convention for the Suppression of the Financing of
Terrorism adopted on 9 December 1999 by the General Assembly at its fifty-fourth session
and signed by the Republic of Tunisia on 2 November 2001, declares that it does not
consider itself bound by the provisions of article 24, paragraph 1, of the Convention
and affirms that, in the settlement of disputes concerning the interpretation or implementation
of the Convention, there shall be no recourse to arbitration or to the International
Court of Justice without its prior consent.
The Repupublic of Tunesia,
In ratifying the International Convention for the Suppression of the Financing of
Terrorism adopted on 9 December 1999 by the General Assembly at its fifty-fourth session
and signed by the Republic of Tunisia on 2 November 2001, declares that it considers
itself bound by the provisions of article 7, paragraph 2, of the Convention and decides
to establish its jurisdiction when:
- 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 Tunisia
or against one of its nationals;
- 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 Tunisian State or
government facility abroad, including Tunisian diplomatic or consular facilities;
- 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 Tunisia
to do or abstain from doing any act;
- The offence is committed by a stateless person who has his or her habitual residence
in Tunisian territory;
- The offence is committed on board an aircraft operated by the Government of Tunisia.
Türkiye
28-06-2002
1. The Republic of Turkey declares that the application of Paragraph 1(b) of Article
(2) of the Convention does not necessarily indicate the existence of an armed conflict
and the term "armed conflict", whether it is organized or not, describes a situation
different from the commitment of acts that constitute the crime of terrorism within
the scope of criminal law.
2. The Republic of Turkey declares its understanding that Paragraph 1(b) of Article
(2) of the International Convention for the Suppression of the Financing of Terrorism,
as stated in Article (21) of the said Convention, shall not prejudice the obligations
of states under international law including the Charter of the United Nations, in
particular the obligation of not providing financial support to terrorist and armed
groups acting in the territory of other states.
3. Pursuant to Paragraph 2 of Article 24 of the International Convention for the Suppression
of the Financing of Terrorism, the Republic of Turkey declares that it does not consider
itself bound by the provisions of Paragraph 1 of Article (24) of the said Convention.
... pursuant to Article 7, paragraph 3 of the International Convention for the Suppression
of the Financing of Terrorism, Turkey has established its jurisdiction in accordance
with its domestic law in respect of offences set forth in Article 2 in all cases referred
to in Article 7, paragraph 2.
Ukraine
06-12-2002
Ukraine exercises its jurisdiction over the offences set forth in article 2 of the Convention in cases provided for in paragraph 2 article 7 of the Convention.
20-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above [Agreement], as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the [Agreement] regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
04-03-2022
… Ukraine … is unable to guarantee full implementation of its obligations [under the above Convention] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.
20-11-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted, or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text ...
United Arab Emirates
23-09-2005
---subject to a reservation with respect to article 24, paragraph 1, thereof, in consequence of which thUnited Arab Emirates does not consider itself bound by that paragraph, which relates to arbitration.
United States of America
26-06-2002
Reservation:
(a) pursuant to Article 24 (2) of the Convention, the United States of America declares
that it does not consider itself bound by Article 24 (1) of the Convention; and
(b) the United States of America reserves the right specifically to agree in a particular
case to follow the arbitration procedure set forth in Article 24 (1) of the Convention
or any other procedure for arbitration.
Understandings:
"(1) Exclusion of legitimate activities against lawful targets.
The United States of America understands that nothing in the Convention precludes
any State Party to the Convention from conducting any legitimate activity against
any lawful target in accordance with the law of armed conflict.
(2) Meaning of the term "armed conflict".
The United States of America understands that the term "armed conflict" in Article
2 (1) (b) of the Convention does not include internal disturbances and tensions, such
as riots, isolated and sporadic acts of violence, and other acts of a similar nature.
Uzbekistan
05-02-2002
Republic of Uzbekistan establishes its jurisdiction over offences referred to in article 2 of the Convention in all cases stipulated in article 7, paragraph 2 of the Convention.
Venezuela
23-09-2003
Reservations:
Pursuant to Article 24, paragraph 2, of the International Convention for the Suppression
of the Financing of Terrorism, the Bolivarian Republic of Venezuela hereby formulates
an express reservation to the provisions of article 24, paragraph 1, of that Convention.
Accordingly, it does not consider itself bound to resort to arbitration as a means
of dispute settlement, and does not recognize the binding jurisdiction of the International
Court of Justice.
Furthermore, pursuant to article 2, paragraph 2, subparagraph (a), of the International
convention for the Suppression of the Financing of Terrorism, it declares that in
the application of that Convention to Venezuela, the following treaties shall be deemed
not to be included in the annex referred to in article 2, paragraph 1, subparagraph
(a), of that convention until they enter into force for the Bolivarian Republic of
Venezuela:
1. 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;
2. Convention on the Physical Protection of Nuclear Material, signed at Vienna on
3 March 1980;
3. Protocol on the Suppression of Unlawful Acts against the Safety of Civil Aviation,
signed at Montreal on 24 February 1988;
4. Convention for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on 10 March 1988;
5. Convention for the Suppression of Unlawful Acts against the Safety of Fixed Platforms
Located on the Continental Shelf, done at Rome on 10 March 1988;
6. International Convention for the Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
By virtue of the provisions of article 7, paragraph 3, of the International Convention
for the Suppression of the Financing of Terrorism, the Bolivarian Republic of Venezuela
declares that it has established jurisdiction under its domestic law over offences
committed in the situations and under the conditions envisaged in article 7, paragraph
2, of the Convention.
Vietnam
25-09-2002
Acceding to this Convention, the Socialist Republic of Vietnam makes its reservation
to paragraph 1 of Article 24 of the Convention.
The Socialist Republic of Vietnam also declares that the provisions of the Convention
shall not be applied with regard to the offences set forth in the following treaties
to which the Socialist Republic of Vietnam is not a party:
- International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on 17 December 1979;
- Convention on the Physical Protection of Nuclear Material, adopted at Vienna on
3 March 1980;
- International Convention for [the] Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on 15 December 1997.
14-02-2014
[...] from 8 February 2014, the declaration made by the Socialist Republic of Viet
Nam in accordance with Article 2.2(a) of the International Convention for the Suppression
of the Financing of Terrorism, adopted by the General Assembly of the United Nations
on 9 December 1999, shall cease to have effect in respect of the following Conventions:
- International Convention against the Taking of Hostages, adopted by the General
Assembly of the United Nations on 17 December 1979, and
- International Convention for the Suppression of Terrorist Bombings, adopted by the
General Assembly of the United Nations on 15 December 1997 [...]
Yemen
03-03-2010
[The Government of the Republic of Yemen has ratified the Convention] ... subject
to reservations to the following articles:
(a) Article 2, paragraph 1(b);
(b) Article 24, paragraph 1.
The accession of the Republic of Yemen to this Convention shall in no way signify
recognition of Israel or entry into any relations with it.
Objection Latvia, 10-06-2010
The Government of the Republic of Latvia has carefully examined the reservation made
by the Republic of Yemen to the International Convention upon accession regarding
Article 2, paragraph 1(b).
The Government of the Republic of Latvia believes that the main aim of the International
Convention is to prevent the commission of the terrorist attacks around the world.
Taking into due account that the terrorist attack cannot be performed without sufficient
funding, the International Community has elaborated this International Convention.
However, the International Community could not agree on one comprehensive definition
of terrorism. Therefore, the approach defining the acts of terrorism in a manner set
forth by Article 2, paragraph 1 has been applied. The so called 13 Universal Anti-Terrorism
Conventions cover only the main offences for financing of which the penalty should
be established under Article 4 of the International Convention. Also being aware,
that the acts of terrorism may occur in different manners and forms of manifestation,
the definition of terrorism given by this International Convention has been supplemented
with paragraph (b), putting stress on the intention of the offender.
Therefore, the Government of the Republic of Latvia considers that the reservation
to Article 2,
paragraph 1(b) of the International Convention could not be considered to be in line
with the aim and
purpose of the International Convention.
Moreover, the Government of the Republic of Latvia recalls that the customary international
law as codified by the Vienna Convention on the Law of Treaties, and in particular
Article 19 (c), set out that the reservation that is incompatible with the object
and purpose of a treaty is not permitted.
Consequently, the Government of the Republic of Latvia objects to the reservation
made by the
Republic of Yemen to the Article 2, paragraph 1 (b) of the International Convention
for the Suppression
of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the International
Convention between the Republic of Latvia and the Republic of Yemen. Thus, the International
Convention will become operative without the Republic of Yemen benefiting from its
reservation.
Objection France, 29-06-2010
The Government of the French Republic has examined the reservation made by Yemen upon
accession to the International Convention for the Suppression of the Financing of
Terrorism, of 9 December 1999, according to which Yemen excludes the application of
the provisions of article 2, paragraph 1 (b), of the Convention. This reservation
purports to exclude the suppression of the financing of acts of terrorism "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". The Government
of the French Republic is of the view that the reservation made by Yemen is contrary
to the object and purpose of the Convention, namely suppressing the financing of all
terrorist acts. It therefore objects thereto, without however precluding the entry
into force of the Convention as between Yemen and France.
Objection Italy, 09-09-2010
The Government of Italy considers the reservation to be a unilateral limit on the
scope of the
Convention and thus in contradiction with its object and purpose, namely the suppression
of the financing of terrorist acts, irrespective of where they take place and of who
carries them out.
The reservation also contradicts the terms of Article 6 of the Convention, according
to which States Parties commit themselves to '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 political, philosophical, ideological, racial, ethnic, religious or other similar
nature.'
The Government of Italy recalls that, according to Article 19 (c) of the Vienna Convention
on the Law of Treaties, a reservation incompatible with the object and purpose of
the Convention shall not be permitted.
The Government of Italy therefore objects to the aforesaid reservation made by the
Government of Yemen to the International Convention for the Suppression of the Financing
of Terrorism. This objection shall not preclude the entry into force of the Convention
between Italy and Yemen.
Objection Estonia, 24-11-2010
The Government of the Republic of Estonia has carefully examined the reservation made
on 3 March 2010 by the Government of Yemen to Article 2 (1) (b) of the Convention.
The Government of Estonia wishes to recall that by acceding to the Convention, a State
commits itself to suppress the financing of all terrorist acts. The reservation purports
to exclude the suppression of the financing of acts of terrorism ‘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’ and thus is contrary
to the object and purpose of the Convention.
According to customary international law as codified in the Vienna Convention on the
Law of Treaties, a reservation incompatible with the object and purpose of the Convention
shall not be permitted.
The Government of Estonia therefore objects to the aforesaid reservations made by
the Government of the Republic of Yemen to the Convention.
This objection shall not preclude the entry into force in its entirety of the Convention
as between the Republic of Estonia and the Republic of Yemen.
Objection Spain, 16-12-2010
The Government of the Kingdom of Spain has examined the reservation made by the Republic
of Yemen to article 2, paragraph 1 (b), of the International Convention for the Suppression
of the
Financing of Terrorism (New York, 9 December 1999) upon ratifying the Convention.
The Government of the Kingdom of Spain considers that the reservation is contrary
to the object and purpose of the Convention and contravenes article 6 of the Convention,
whereby States parties undertake to adopt such measures as may be necessary, including,
where appropriate, domestic
legislation, to ensure that criminal acts within the scope of the Convention are under
no circumstances
justifiable by considerations of a political, philosophical, ideological, racial,
ethnic, religious or other
similar nature.
The Government of the Kingdom of Spain recalls that, according to customary law enshrined
in the 1969 Vienna Convention on the Law of Treaties (article 19 (c)), reservations
that are contrary to
the object and purpose of international treaties shall not be permitted.
The Government of the Kingdom of Spain therefore objects to the reservation made by
the Republic of Yemen to article 2, paragraph 1 (b), of the Convention.
This objection shall not preclude the entry into force of the Convention between the
Government of the Kingdom of Spain and the Republic of Yemen.
Objection United Kingdom, 23-12-2010
The Government of the United Kingdom of Great Britain and Northern Ireland has examined
the said reservation and considers that it is contrary to the object and purpose of
the Convention, namely
the suppression of the financing of all terrorist acts. The Government of the United
Kingdom recalls
that, according to Article 19 (c) of the Vienna Convention on the Law of Treaties
1961, a reservation
incompatible with the object and purpose of the Convention shall not be permitted.
The Government of the United Kingdom therefore objects to the aforesaid reservation.
This objection shall not preclude the entry into force of the Convention as between
the United Kingdom and Yemen.
Objection Hungary, 11-01-2011
The Government of the Republic of Hungary has examined the Reservation relating to
paragraph 1 (b) of Article 2 of the International Convention for the Suppression of
the Financing of Terrorism made by the Government of the Republic of Yemen at the
time of its ratification of the Convention.
The Government of the Republic of Hungary considers that the Reservation made by the
Government of the Republic of Yemen seeks to limit the scope of the Convention on
a unilateral basis and is therefore contrary to its object and purpose, which is the
suppression of the financing of terrorist acts.
The Government of the Republic of Hungary recalls that according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Government of the Republic of Hungary therefore objects to the aforesaid Reservation
made by the Government of the Republic of Yemen to the International Convention for
the Suppression of the Financing of Terrorism. However, this objection shall not preclude
the entry into force of the Convention between the Republic of Hungary and the Republic
of Yemen.
Objection Ireland, 28-01-2011
The Government of Ireland has examined the reservation made by the Government of the
Republic of Yemen upon accession to Article 2 (1) (b) of the International Convention
for the Suppression of the Financing of Terrorism.
The Government of Ireland considers that the reservation entered by the Republic of
Yemen seeks to exclude the suppression of the financing of terrorism 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'. The Government
of Ireland is of the view that such a reservation is contrary to the object and purpose
of the Convention as a whole, the purpose of which is to suppress the financing of
terrorism in all circumstances.
This reservation is contrary to the terms of Article 6 of the Convention, according
to which States Parties are under an obligation to adopt such measures as may be necessary,
including, where appropriate, domestic legislation, to ensure that criminal acts within
the scope of the Convention are under no circumstances justifiable by considerations
of a political, philosophical, ideological, racial, ethnic, religious or other similar
nature.
The Government of Ireland recalls that, according to customary international law as
codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible
with the object and purpose of a convention are not permissible. It is in the common
interest of States that treaties to which they have chosen to become party are respected
as to their object and purpose of that States are prepared to undertake any legislative
changes necessary to comply with their obligations under these treaties.
The Government of Ireland therefore objects to the aforesaid reservation made by the
Republic of Yemen to Article 2 (1) (b) of the International Convention for the Suppression
of the Financing of Terrorism. This objection shall not preclude the entry into force
of the Convention between Ireland and the Republic of Yemen. The Convention enters
into force between Ireland and the Republic of Yemen, without the Republic of Yemen
benefiting from its reservation.
Objection Czech Republic, 28-01-2011
The Czech Republic has examined the reservation made by the Republic of Yemen on March
3, 2010, upon accession to the International Convention for the Suppression of the
Financing of Terrorism of December 9, 1999, according to which the Republic of Yemen
excludes the application of the provisions of Article 2, Paragraph 1 (b) of the Convention.
This reservation purports to exclude the suppression of the financing of acts of terrorism
'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'. The
Czech Republic is of the view that the reservation made by the Republic of Yemen is
incompatible with the object and purpose of the Convention, namely the suppression
of the financing of all terrorist acts.
The Czech Republic wishes to recall that, according to customary international law
as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted.
The Czech Republic, therefore, objects to the above-stated reservation. This objection
shall not preclude the entry into force of the Convention between the Czech Republic
and the Republic of Yemen. The Convention enters into force in its entirety between
the Czech Republic and the Republic of Yemen without the Republic of Yemen benefiting
from its reservation.
Objection Netherlands, the Kingdom of the, 09-02-2011
The Government of the Kingdom of the Netherlands has examined the reservation of the
Republic of Yemen upon accession to the International Convention for the Suppression
of the Financing of Terrorism, of 9 December 1999, in respect of Article 2, paragraph
1 (b), of the Convention.
The reservation of the Republic of Yemen excludes the financing of terrorist acts
defined in Article 2, paragraph 1 (b), from the scope of the Convention.
The Government of the Kingdom of the Netherlands considers that this reservation is
contrary to the object and purpose of the Convention, which aims to suppress the financing
of all terrorist acts.
According to customary international law, as codified in the Vienna Convention on
the Law of Treaties, reservations incompatible with the object and purpose of the
Convention shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservation made by the Republic of Yemen to the Convention.
This objection does not constitute an obstacle to the entry into force of the Convention
between the Kingdom of the Netherlands and the Republic of Yemen.
Objection Poland, 17-02-2011
The Government of the Republic of Poland considers that the reservation made by the
Republic of Yemen is incompatible with the purpose and object of the Convention, which
are to provide effective and comprehensive manners of the suppression of the financing
of international terrorism. The
reservation is incompatible with the main purpose of the Convention, as it purports
to exclude the
application of the Article 2, paragraph 1 (b) of the Convention, which defines the
act of the financing of
terrorism.
Therefore the Government of the Republic of Poland wishes to recall that according
to Article 19 letter c of the Vienna Convention on the Law of Treaties, done at Vienna
on 23 May 1969 a reservation incompatible with the object and purpose of a treaty
shall not be permitted.
The Government of the Republic of Poland therefore objects to the aforesaid reservation
to the
Convention made by the Republic of Yemen.
However, that objection shall not preclude the entry into force of the International
Convention for the Suppression of the Financing of Terrorism done at New York on 9
December 1999 between the
Republic of Poland and the Republic of Yemen.
Objection Sweden, 25-02-2011
The Government of Sweden has examined the reservation made by the Government of the
Republic of Yemen upon accession to the International Convention for the Suppression
of the Financing of Terrorism, according to which the Republic of Yemen excludes the
application of the provisions of
paragraph 1 (b) of Article 2 of the Convention.
The Government of Sweden considers that the reservation is incompatible with the object
and
purpose of the Convention, namely the suppression of the financing of all terrorist
acts.
The Government of Sweden wishes to recall that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of a treaty shall not be permitted. It is in the common
interest of States that treaties to which they have chosen to become parties are respected
as to their object and purpose, and that States
are prepared to undertake any legislative changes necessary to comply with their obligations
under the
treaties.
The Government of Sweden therefore objects to the reservation made by the Republic
of Yemen to the International Convention for the Suppression of the Financing of Terrorism.
This objection shall not preclude the entry into force of the Convention between the
Republic of Yemen and Sweden. The Convention enters into force between the Republic
of Yemen and Sweden, without the Republic of Yemen benefiting from its reservation.
Objection Germany, 28-02-2011
The Government of the Federal Republic of Germany has carefully examined the reservation
made by the Republic of Yemen upon accession to the International Convention for the
Suppression of the Financing of Terrorism with respect to Article 2, paragraph 1 b).
The Federal Republic of Germany
is of the opinion that the reservation of the Government of the Republic of Yemen
seeks to limit the
scope of application in a way that is contrary to the objective and purpose of the
Convention, which
aims at suppressing the financing of all terrorist acts.
According to customary international law, as codified in the Vienna Convention on
the Law of
Treaties of 23 May 1969, reservations that are not compatible with the object and
purpose of a treaty
shall not be permitted.
Therefore the Government of the Federal Republic of Germany objects to the above-mentioned
reservation made by the Republic of Yemen to the International Convention for the
Suppression of the
Financing of Terrorism. The objection shall not preclude the entry into force of the
Convention between the Federal Republic of Germany and the Republic of Yemen.
Objection Australia, 02-03-2011
The Permanent Mission of Australia to the United Nations […] advise[s] that it has
examined the reservation made by the Republic of Yemen to Article 2 (1) (b) of the
International Convention for the Suppression of the Financing of Terrorism 1999 upon
ratifying this Convention.
The Government of Australia considers that the reservation made by the Republic of
Yemen is
incompatible with the object and purpose of the Convention, that is, the suppression
of the financing of
terrorist acts. The norm of customary international law embodied in Article 19 (c)
of the Vienna
Convention of the Law of Treaties 1961 provides that a reservation incompatible with
the object and
purpose of the Convention shall not be permitted.
The Government of Australia therefore objects to the reservation made by the Republic
of Yemen to Article 2 (1) (b) of the International Convention for the Suppression
of the Financing of Terrorism 1999.
This objection shall not preclude the entry into force of the Convention as between
Australia and Yemen.
Objection Finland, 03-03-2011
The Government of Finland has carefully examined the content of the reservation relating
to
subparagraph 1 (b) of Article 2 of the International Convention for the Suppression
of the Financing of
Terrorism made by the Republic of Yemen upon accession.
The reservation seeks to exclude from the scope of the Convention acts of terrorism
defined in
subparagraph 1 (b) of Article 2. The Government of Finland considers the reservation
to be in
contradiction with the object and purpose of the Convention, namely the suppression
of the financing of terrorist acts wherever and by whomever they may be carried out.
The Government of Finland wishes to recall that, according to Article 19 (c) of the
Vienna Convention on the Law of Treaties and customary international law, a reservation
contrary to the object and purpose of a treaty shall not be permitted. It is in the
common interest of States that treaties to which they have chosen to become parties
are respected as to their object and purpose and that States
are prepared to undertake any legislative changes necessary to comply with their obligations
under the
treaties.
The Government of Finland therefore objects to the reservation made by the Republic
of Yemen in respect of subparagraph 1 (b) of Article 2 of the Convention. This objection
shall not preclude the entry into force of the Convention between the Republic of
Yemen and Finland. The Convention will thus become operative between the two states
without the Republic of Yemen benefiting from its reservation.
Objection Portugal, 08-03-2011
The Government of the Portuguese Republic has examined the reservation made by the
Government of the Republic of Yemen to Article 2, paragraph 1 (b), of the International
Convention for the Suppression of the Financing of Terrorism, on 3 March 2010, upon
its ratification.
The Government of the Portuguese Republic considers that the reservation made by the
Government of Republic of Yemen is a reservation that seeks to limit the scope of
the Convention on an unilateral basis and is therefore contrary to its object and
purpose, which is the suppression of the financing of terrorist acts, irrespective
of where they take place and who carries them out.
The reservation is furthermore contrary to the terms of Article 6 of the Convention
according to which State Parties commit themselves to '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'.
The Government of the Portuguese Republic recalls that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
The Government of the Portuguese Republic therefore objects to the aforesaid reservation
made by the Government of Republic of Yemen to Article 2, paragraph 1 (b), of the
International Convention for the Suppression of the Financing of Terrorism.
However, this objection shall not preclude the entry into force of the Convention
between the Portuguese Republic and the Republic of Yemen.
Objection Austria, 08-03-2011
The Government of Austria has examined the reservation made by the Government of Yemen
to the International Convention for the Suppression of the Financing of Terrorism
upon accession.
Austria finds that the reservation to Article 2, paragraph 1 (b), seeks to limit the
scope of application of the Convention in a way that is contrary to its object and
purpose, namely the suppression of the financing of terrorist acts.
Austria would like to recall that, according to customary law as codified in the Vienna
Convention on the Law of Treaties (Article 19, sub-paragraph c), a reservation incompatible
with the object and purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to the aforementioned reservations
made by the Government of Yemen to the International Convention for the Suppression
of the Financing of Terrorism.
This position however does not preclude the entry into force in its entirety of the
Convention between the Republic of Yemen and Austria.
Objection Belgium, 25-03-2011
[Communication relating to the reservation made by Yemen upon accession:]
The Government of the Kingdom of Belgium has examined the reservation formulated by
the Republic of Yemen upon ratification of the International Convention for the Suppression
of the Financing of Terrorism, in particular the part of the reservation in which
the Republic of Yemen excludes the application of "article 2, paragraph 1 (b)" of
the Convention. This reservation purports to exclude suppression of the financing
of terrorist acts "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.
The Government of Belgium considers that this reservation seeks to limit the scope
of the Convention on a unilateral basis that is contrary to its object and purpose,
namely, suppression of the financing of terrorist acts, wherever and by whomsoever
committed.
Moreover, this reservation is contrary to article 6 of the Convention, according to
which "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.
The Government of Belgium recalls that, according to article 19, paragraph (c) of
the Vienna Convention on the Law of Treaties, a reservation that is incompatible with
the object and purpose of the Convention may not be formulated.
The Government of Belgium therefore objects to the aforementioned reservation to the
International Convention for the Suppression of the Financing of Terrorism made by
the Republic of Yemen. This objection shall not preclude the entry into force of the
Convention as between Belgium and Yemen.
Zimbabwe
30-01-2013
The Government of the Republic of Zimbabwe hereby declares in terms of Article 24 (2) that it enters a reservation to Article 24 (1) which provides that where Parties fail to resolve their dispute through arbitration any Party may refer the dispute to the International Court of Justice.