Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Albania | Yes | No |
Armenia | Yes | No |
Austria | Yes | No |
Azerbaijan | Yes | Yes |
Belgium | Yes | No |
Bosnia and Herzegovina | Yes | No |
Bulgaria | Yes | No |
Croatia | Yes | No |
Cyprus | Yes | No |
Denmark | Yes | No |
Estonia | Yes | No |
EU (European Union) | Yes | No |
France | Yes | No |
Georgia | Yes | No |
Germany | Yes | No |
Greece | Yes | No |
Hungary | Yes | No |
Italy | Yes | No |
Latvia | Yes | No |
Lithuania | Yes | No |
Malta | Yes | No |
Moldova | Yes | No |
Monaco | Yes | Yes |
Montenegro | Yes | No |
Morocco | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
North Macedonia | Yes | No |
Poland | Yes | No |
Portugal | Yes | No |
Romania | Yes | No |
Russian Federation | Yes | No |
San Marino | Yes | No |
Serbia | Yes | No |
Slovakia | Yes | No |
Slovenia | Yes | No |
Spain | Yes | No |
Sweden | Yes | No |
Türkiye | Yes | No |
Ukraine | Yes | Yes |
United Kingdom | Yes | No |
Albania
22-11-2016
The Republic of Albania declares that the authorities designated in pursuance of Article
33, paragraph 1, of the Convention are the following:
The Ministry of justice is the central authority for the implementation of the Convention,
and the Department of Foreign Jurisdictional Relations is the responsible authority
for the execution of requests based on it.
The requests submitted according to the Convention shall be delivered in the following
address:
Ministry of Justice
Department of Foreign Jurisdictional Relations
26-10-2017
The Republic of Albania declares that the authority designated in pursuance of Article
46, paragraph 13, of the Convention, which is a financial intelligence unit (FIU)
within the meaning of this article, is the following:
General Directorate for the Prevention of Money Laundering.
The Republic of Armenia declares that the unit which acts as financial intelligence
unit, designated pursuant to Article 46, paragraph 13, of the Convention, is the Financial
Monitoring Center of the Central Bank of the Republic of Armenia.
Date of effect of the declaration: 26 October 2017.
Armenia
02-06-2008
1. In accordance with Article 3, paragraph 2 of the Convention, the Republic of Armenia
will apply Article 3, paragraph 1 only to offences specified in the appendix to the
Convention.
2. In accordance with Article 17, paragraph 5, of the Convention, the Republic of
Armenia will apply Article 17 of the Convention only to the categories of offences
specified in the list contained in the appendix to the Convention.
3. In accordance with the Article 24, paragraph 3, of the Convention, the Republic
of Armenia will apply Article 24, paragraph 2 only subject to its constitutional principles
and the basic concepts of its legal system.
4. In accordance with the Article 33, paragraph 1, of the Convention, the Financial
Monitoring Center of the Central Bank of the Republic of Armenia is the central authority
which shall be responsible for sending and answering requests made under this chapter,
the execution of such requests or the transmission of them to the authorities competent
for their execution.
5. In accordance with Article 35, paragraph 3, of the Convention, the requests made
to the Republic of Armenia and the documents supporting such requests shall be accompanied
by a translation into English.
6. In accordance with Article 42, paragraph 2, of the Convention, information or evidence
provided by the Republic of Armenia, under Chapter 7, may not, without its prior consent,
be used or transmitted by the authorities of the requesting Party in investigations
or proceedings other than those specified in the request.
23-10-2017
The Republic of Armenia declares that the unit which acts as financial intelligence
unit, designated pursuant to Article 46, paragraph 13, of the Convention, is the Financial
Monitoring Center of the Central Bank of the Republic of Armenia.
Date of effect of the declaration: 23 October 2017.
Austria
28-07-2020
Pursuant to Article 53, paragraph 1, read in conjunction with Article 3, paragraph
2.a, of the Convention, Austria declares that proceeds from tax offences within the
meaning of Article 3 may be suject to confiscation both nationally and through international
cooperation, under national and international tax debt recovery legislation.
Austria informs with regards to Article 9, paragraph 2.b, of the Convention that the
offences set forth in Article 9, paragraph 1, do not fully apply to the persons who
committed the predicate offence.
Pursuant to Article 53, paragraph 1, read in conjunction with Article 9, paragraph
4, of the Convention, Austria declares that Article 9, paragraph 1, applies only to
certain predicate offences, namely pursuant to Article 9, paragraph 4.a, to predicate
offences punishable by deprivation of liberty for a maximum of more than one year
and pursuant to Article 9, paragraph 4.b, to a list of specified predicate offences.
Pursuant to Article 17, paragraph 4, of the Convention Austria declares that it makes
the execution of information requests on bank accounts dependant on the same conditions
as it applies in respect of requests for search and seizure.
Pursuant to Article 53, paragraph 1, read in conjunction with Article 17, paragraph
5, of the Convention, Austria declares that it applies Article 17 only to the categories
of offences specified in the list contained in the appendix to this Convention.
Austria informs with regards to Article 18, paragraph 4, of the Convention that it
makes the execution of information requests on banking transactions dependant on the
same conditions as it applies in respect of requests for search and seizure.
Pursuant to Article 33 of the Convention, Austria declares that the Austrian central
authority responsible for sending and answering requests is the Federal Ministry of
Justice.
30-03-2021
In accordance with Article 46, paragraph 13, of the Convention, Austria declares that
the Financial Intelligence Unit as defined in the Convention shall be The Austrian
Financial Intelligence Unit (A-FIU, Geldwäschemeldestelle)
[…]
Azerbaijan
07-11-2016
The Republic of Azerbaijan declares that it is unable to guarantee the implementation
of the provisions of the Convention in its territories occupied by the Republic of
Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts
surrounding that region), until the liberation of these territories from the occupation
and the complete elimination of the consequences of that occupation (the schematic
map of the occupied territories of the Republic of Azerbaijan is enclosed).
In accordance with Article 53, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that it reserves the right not to apply, in whole, the provisions of Article
46, paragraph 5, of the Convention.
In accordance with Article 53, paragraph 4, of the Convention, the Republic of Azerbaijan
declares that it will not apply Article 3, paragraph 4, of this Convention.
In accordance with Article 17, paragraph 5, of the Convention, the Republic of Azerbaijan
declares that it will apply Article 17 of the Convention only to the categories of
offences specified in the list contained in the Appendix to the Convention.
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Azerbaijan
declares that Article 24, paragraph 2, of the Convention, applies only subject to
constitutional principles of the Republic of Azerbaijan and the basic concepts of
its legal system.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that its central authorities, designated in pursuance of paragraph 1 of Article
33 of the Convention, shall be:
- the Ministry of Justice of the Republic of Azerbaijan (concerning the criminal
proceedings and execution of judgments)
- the Financial Markets Supervision Authority of the Republic of Azerbaijan (concerning
financial information exchange and financial intelligence)
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Azerbaijan
declares that it will accept and execute requests, transmitted electronically or by
any other means of communication, provided that the requesting Party simultaneously
shall send the original of such requests by post or by courier. The information concerning
execution of requests transmitted electronically or by any other means of communication,
will be sent to the requesting Party after the receipt of the original.
In accordance with Article 35, paragraph 3, of the Convention, the Republic of Azerbaijan
declares that requests and documents supporting such requests shall be accompanied
by a translation into Azerbaijani or English.
In accordance with Article 42, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that information or evidence provided by the Republic of Azerbaijan under
Chapter IV may not, without its prior consent, be used or transmitted by the authorities
of the requesting Party for investigations or proceedings other than those specified
in the request.
In accordance with Article 46, paragraph 13, of the Convention, the Republic of Azerbaijan
declares that the Financial Markets Supervision Authority of the Republic of Azerbaijan
is indicated as the financial intelligence unit within the meaning of Article 46.
09-08-2017
In accordance with Article 53, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that it reserves the right not to apply, in whole, the provisions of Article
46, paragraph 5, of the Convention.
In accordance with Article 53, paragraph 4, of the Convention, the Republic of Azerbaijan
declares that it will not apply Article 3, paragraph 4, of this Convention.
The Republic of Azerbaijan declares that it is unable to guarantee the implementation
of the provisions of the Convention in its territories occupied by the Republic of
Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts
surrounding that region), until the liberation of these territories from the occupation
and the complete elimination of the consequences of that occupation (the schematic
map of the occupied territories of the Republic of Azerbaijan is enclosed).
In accordance with Article 17, paragraph 5, of the Convention, the Republic of Azerbaijan
declares that it will apply Article 17 of the Convention only to the categories of
offences specified in the list contained in the Appendix to the Convention.
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Azerbaijan
declares that Article 24, paragraph 2, of the Convention, applies only subject to
constitutional principles of the Republic of Azerbaijan and the basic concepts of
its legal system.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that its central authorities, designated in pursuance of paragraph 1 of Article
33 of the Convention, shall be:
- the Ministry of Justice of the Republic of Azerbaijan (concerning the criminal proceedings
and execution of judgments)
and
- the Financial Markets Supervision Authority of the Republic of Azerbaijan (concerning
financial information exchange and financial intelligence)
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Azerbaijan
declares that it will accept and execute requests, transmitted electronically or by
any other means of communication, provided that the requesting Party simultaneously
shall send the original of such requests by post or by courier. The information concerning
execution of requests transmitted electronically or by any other means of communication,
will be sent to the requesting Party after the receipt of the original.
In accordance with Article 35, paragraph 3, of the Convention, the Republic of Azerbaijan
declares that requests and documents supporting such requests shall be accompanied
by a translation into Azerbaijani or English.
In accordance with Article 42, paragraph 2, of the Convention, the Republic of Azerbaijan
declares that information or evidence provided by the Republic of Azerbaijan under
Chapter IV may not, without its prior consent, be used or transmitted by the authorities
of the requesting Party for investigations or proceedings other than those specified
in the request.
In accordance with Article 46, paragraph 13, of the Convention, the Republic of Azerbaijan
declares that the Financial Markets Supervision Authority of the Republic of Azerbaijan
is indicated as the financial intelligence unit within the meaning of Article 46.
Objection Armenia, 26-02-2018
The Republic of Armenia makes the following statement with regard to the declaration
made by the Republic of Azerbaijan in respect of the Council of Europe Convention
on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on
the Financing of Terrorism /hereinafter
Convention/, stated in the instrument of ratification deposited on 9 August 2017:
1. The declaration of the Republic of Azerbaijan is incompatible with the object and
purpose of the Convention and thus being in violation with the provisions of the Vienna
Convention on the Law of Treaties of 1969.
2. The Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh
issue, with respect to the causes and effects of the conflict. The conflict arose
due to the policy of ethnic cleansing by the Republic of Azerbaijan followed by the
massive military aggression against the self-determined Nagorno-Karabakh Republic
- with the aim to repress the free will of the Nagorno-Karabakh population. As a result,
the Republic of Azerbaijan has occupied several territories of the Nagorno-Karabakh
Republic.
Belgium
17-09-2009
Belgium declares that the central authority designated under Article 33, paragraph
2, of the Convention, is the Service Public Fédéral Justice, Direction générale Législation,
Libertés et Droits fondamentaux, Service de coopération internationale pénale, […].
Belgium declares that the unit which acts as FIU, designated pursuant to Article 46,
paragraph 13, of the Convention, is the Cellule de traitement de informations financières
(Belgian Financial Intelligence Unit), […].
Bosnia and Herzegovina
21-05-2013
Central authority (Article 33):
Directorate for Coordination of Police Bodies of Bosnia and Herzegovina
Ministry of Security of Bosnia and Herzegovina
[…]
Sector for International Operative Police Collaboration
[…]
Bulgaria
25-02-2013
In accordance with Article 42, paragraph 2, of the Convention, the Republic of Bulgaria
declares that information or evidence provided by it under Chapter IV of the Convention
may not, without the prior consent of the competent Bulgarian authorities, be used
or transmitted by the authorities of the requesting Party in investigations or proceedings
other than those specified in the request.
In accordance with Article 53, paragraph 4, of the Convention, the Republic of Bulgaria
declares that it shall not apply Article 3, paragraph 4, of this Convention.
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Bulgaria
declares that the provisions of Article 24, paragraph 2, shall apply only subject
to its constitutional principles and the basic concepts of its legal system.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of Bulgaria
declares that requests made under Chapter IV shall be sent and received through the
following central authorities :
- the General Prosecutor's Office of the Republic of Bulgaria - for the pre-trial
stage of the criminal
proceedings;
- the Ministry of Justice of the Republic of Bulgaria - for the trial stage.
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Bulgaria
declares that concerning requests which are sent and received electronically or by
any other means of telecommunication, the Bulgarian competent authorities shall be
able to request the certification of authenticity of the materials sent, as well as
to obtain originals by express mail.
In accordance with Article 35, paragraph 3, of the Convention, the Republic of Bulgaria
declares that, for each individual case, it will require requests and supporting documents
sent to it pursuant to Article 35, paragraph 1, to be accompanied by a translation
into Bulgarian or into one of the official languages of the Council of Europe
Period covered: 01/06/2013 - .
07-11-2017
The Republic of Bulgaria declares that in accordance with Article 46, paragraph 13, of the Convention, Bulgaria notifies as Financial Intelligence Unit (FIU) the Financial Intelligence Directorate (FID) to the State Agency for National Security (SANS).
Croatia
10-10-2008
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Croatia
declares that Article 24, paragraph 2 of the Convention, applies only subject to the
constitutional principles and the basic concepts of the Republic of Croatia's legal
system.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of Croatia
declares that the central authorities designated in pursuance of paragraph 1 of Article
33 of the Convention are the Ministry of the Interior, Police Directorate, Criminal
Police Department, Ilica 335, Zagreb, and State Attorney's Office of the Republic
of Croatia, Gajeva 30a, Zagreb.
In accordance with Article 35, paragraph 3, of the Convention, the Republic of Croatia
declares that requests and documents supporting such requests should be accompanied
by a translation into the Croatian language or, if this is not possible, into the
English language.
In accordance with Article 42, paragraph 2, of the Convention, the Republic of Croatia
declares that, without its prior consent, information or evidence may not be used
or transmitted by the authorities of the requesting Party in investigations or proceedings
other than those specified in the request.
05-07-2019
The Republic of Croatia declares that in accordance with Article 46, paragraph 13, of the Convention, Croatia notifies as Financial Intelligence Unit (FIU) the Anti Money Laundering Office (Ured za sprječavanje pranja novca).
Cyprus
27-03-2009
1. In accordance with Article 3, paragraph 2, of the Convention, the Republic of Cyprus
declares that Article 3, paragraph 1, shall apply only in so far as the offence is
punishable by deprivation of liberty or a detention order for a maximum of more than
one year.
2. In accordance with Article 9, paragraph 4, of the Convention, the Republic of Cyprus
declares that Article 9, paragraph 1, shall apply only in so far as the offence is
punishable by deprivation of liberty or a detention order for a maximum of more than
one year.
3. In accordance with Article 24, paragraph 3, of the Convention, the Republic of
Cyprus declares that Article 24, paragraph 2, shall apply subject to Cyprus's constitutional
principles and to the basic concepts of the Cyprus legal system.
4. In accordance with Article 33, paragraph 2, of the Convention, the Republic of
Cyprus declares that the central authorities designated in pursuance of paragraph
1 are:
- The Ministry of Justice and Public Order
- The Unit for Combating Money Laundering (MOKAS) for freezing and confiscation orders.
5. In accordance with Article 35, paragraph 3, of the Convention, the Government of
Cyprus declares that requests and annexed documents should be addressed to it accompanied
by a translation in English.
6. In accordance with Article 42, paragraph 2, of the Convention, the Government of
Cyprus declares that information or evidence provided by it under this Convention
may not, without its prior consent, be used or transmitted by the authorities of the
Requesting Party in investigations or proceedings other than those specified in the
request.
7. In accordance with Article 46, paragraph 13, of the Convention, the Financial Intelligence
Unit designated for the Republic of Cyprus is:
Unit for Combating Money Laundering (MOKAS)
[...]
Denmark
12-02-2018
Until further notice, the Convention shall not apply to Greenland and the Faroe Islands.
With regards to Article 31, paragraph 2, Denmark reserves the right to apply the provisions
of the European Convention on Mutual Assistance in Criminal Matters.
With regards to Article 35, paragraph 1, requests may be forwarded by any secure means
capable of producing written records under conditions allowing the request Party to
establish their authenticity.
With regards to Article 35, paragraph 3, requests and supporting documents from countries
other than Austria, France, Germany, Ireland, Norway, Sweden or the United Kingdom
must be accompanied by a translation into either Danish or one of the official languages
of the Council of Europe. With regard to voluminous documents, Denmark reserves the
right, as appropriate, to require a Danish translation or to have one made at the
expense of the requesting Party.
With regards to Article 33, Denmark has designated: Director of Public Prosecutions
as the central authority.
04-10-2019
With regards to Article 46, paragraph 13, of the Convention, the Financial Intelligence Unit designated for Denmark shall be: The Money Laundering Secretariat (FIU Denmark) The State Prosecutor for Serious Economic Crime
Estonia
01-09-2022
1) In accordance with Article 24, paragraph 3, the Republic of Estonia declares that
it applies Article 24, paragraph 2, of the Convention, only subject to its constitutional
principles and the basic concepts of its legal system;
2) Pursuant to Article 31, paragraph 2, of the Convention, the Republic of Estonia
declares that judicial documents shall be served through the Ministry of Justice;
3) Pursuant to Article 33, paragraph 1, of the Convention, the Republic of Estonia
declares that the central authority is the Ministry of Justice;
4) Pursuant to Article 35, paragraph 3, of the Convention, the Republic of Estonia
declares that requests made and documents supporting such requests shall be submitted
to the Estonian authorities together with an English translation;
5) Pursuant to Article 42, paragraph 2, of the Convention, the Republic of Estonia
declares that the information or evidence provided by it may not be used or transmitted
by the authorities of the requesting Party in investigations or proceedings other
than those specified in the request without its prior consent;
6) In accordance with Article 46, paragraph 13, of the Convention, in the Republic
of Estonia, the Financial Intelligence Unit within the meaning of the Convention is
the money laundering data bureau; a government agency within the area of government
of the Ministry of Finance;
7) In accordance with Article 53, paragraph 3, the Republic of Estonia declares that
accounts under Article 19, paragraph 3, of the Convention, are monitored through an
electronic seizure system provided for in Estonian law, collecting information about
transactions on the account with a weekly reference, and on the basis of Article 19,
paragraph 5, the provision is extended only to those financial institutions that open
payment accounts with an IBAN code for customers;
8) In accordance with Article 53, paragraph 4, of the Convention, the Republic of
Estonia declares that it applies Article 3, paragraph 4, of the Convention only to
the offenses specifically provided for in its domestic law.
EU (European Union)
30-11-2009
The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing
the European Community will enter into force on 1 December 2009.
As a consequence, as from that date, the European Union will replace and succeed the
European Community (Article 1, third paragraph, of the Treaty on European Union as
it results from the amendments introduced by the Treaty of Lisbon).
Therefore, as from that date, the European Union will exercise all rights and assume
all obligations of the European Community, including its status in the Organisation,
whilst continuing to exercise existing rights and assume obligations of the European
Union.
In particular, as from that date, the European Union will succeed to all agreements
concluded and all commitments made by the European Community with your Organisation
and to all agreements or commitments adopted within your Organisation and binding
on the European Community.
France
11-02-2016
(Article 33)
Central authority
Bureau de l’entraide pénale internationale
Direction des affaires criminelles et des grâces
Ministère de la Justice français
Georgia
10-01-2014
In accordance with Article 3, paragraph 2, of the Convention, Georgia declares that
Article 3, paragraph 1, shall be applied only in so far as the offence is punishable
by deprivation of liberty for a maximum of more than one year.
In accordance with Article 53, paragraph 4, of the Convention, Georgia declares that
the provisions of Article 3, paragraph 4, shall be applied only in relation to the
civil procedures of confiscation, in conformity with the legislation in Georgia.
In accordance with Article 24, paragraph 3, of the Convention, Georgia declares that
Article 24, paragraph 2, shall be applied only subject to the constitutional principles
and to the basic concepts of the legal system of Georgia.
In accordance with Article 33 of the Constitution, Georgia declares that the designated
central authority, as stipulated by this Article, shall be:
The Ministry of Justice of Georgia
[...]
In accordance with Article 35, paragraph 1, of the Convention, Georgia declares that
it will accept and execute requests received by electronic or other means of telecommunication,
if the request is urgent and its authenticity is undisputed, provided the requesting
authority subsequently submits the original of the request within the period specified
by the requested authority.
In accordance with Article 35, paragraph 3, of the Convention, Georgia declares that
requests and documents supporting such requests should be accompanied by a translation
into the Georgian language or into one of the official languages of the Council of
Europe if these requests and documents are not made in these languages.
In accordance with Article 42, paragraph 2, of the Convention, Georgia declares that,
without its prior consent, information and documents provided by it under Chapter
IV of the Convention may not be used or transmitted by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request.
In accordance with Article 53, paragraph 2, of the Convention, Georgia declares that
Article 46, paragraph 5, shall not be applied.
In accordance with Article 46, paragraph 13, of the Convention, the Financial Intelligence
Unit designated for Georgia shall be:
The Financial Monitoring Service of Georgia (FMS)
[...]
In accordance with Article 53, paragraph 2, Georgia declares that the Financial Monitoring
Service of Georgia (FMS) shall adopt the measures defined in Article 47 as far as
the legislation of Georgia permits.
Germany
20-06-2017
The Federal Republic of Germany formulates the following declarations:
1. Declaration on Article 3, paragraph 4:
Article 3, paragraph 4, shall not be applied.
2. Declaration on Article 7, paragraph 2, sub-paragraph c:
Article 7, paragraph 2, sub-paragraph c shall not be applied.
3. Declaration on Article 9, paragraph 4:
Article 9 shall apply, pursuant to paragraph 4, sub-paragraph a thereof, only to predicate
offences punishable by deprivation of liberty for a minimum of more than six months,
and, pursuant to sub-paragraph b thereof, to a list of further predicate offences
that may constitute predicate offences to money laundering pursuant to national law
(cf. section 261 of the Criminal Code [Strafgesetzbuch, StGB])
4. Declaration on Article 9, paragraph 6:
Article 9, paragraph 6, shall be applied to the effect that the reservation declared
with regard to Article 9, paragraph 4, also applies to paragraph 6. Predicate offences
within the meaning of paragraph 6 shall therefore be understood as meaning only the
predicate offences covered by paragraph 4.
5. Declaration on Article 17, paragraph 4:
Requests pursuant to Article 17 with regard to which legal assistance is provided
subject to dual criminality and compatibility with German law shall be executed under
the same conditions that apply to seizure and search measures.
6. Declaration on Article 17, paragraph 5:
Article 17 shall apply only to criminal offences falling within the categories of
offences listed in the appendix.
7. Declaration on Article 17, paragraph 6:
The measures governed by Article 17 shall not apply to bank accounts held in non-bank
financial institutions.
8. Declaration on Article 18:
Article 18 is interpreted as meaning that requests based thereon are to be executed
under the same conditions as in Article 17.
9. Declaration on Article 18, paragraph 4:
Requests pursuant to Article 18 with regard to which legal assistance is provided
subject to dual criminality and compatibility with German law shall be executed under
the same conditions that apply to seizure and search measures.
10. Declaration on Article 18, paragraph 5:
It is our understanding that the measures governed by Article 18 do not apply to bank
accounts held in non-bank financial institutions.
11. Declaration on Article 19:
Article 19 shall be applied in such a manner that requests cannot be executed to the
extent that they require continual monitoring of account transactions over a specified
period,
12. Declaration on Article 19, paragraph 5:
The measures governed by Article 19 shall not apply to bank accounts held in non-bank
financial institutions.
13. Declaration on Article 24, paragraph 3:
Article 24 shall be applied subject to the principles of German constitutional law
and the basic concepts of the German legal System.
14. Declaration on Article 31, paragraph 2:
Article 31, paragraph 2, shall not apply.
15. Declaration on Article 33:
The Federal Criminal Police Office (Bundeskriminalamt, BKA) shall be designated the
central authority for transmitting the submitted requests to the authorities competent
for their execution.
Bundeskriminalamt
16. Declaration on Article 35, paragraph 1:
Requests made by fax or email shall also be accepted. To ensure the authenticity of
the sender as well as the integrity and confidentiality of transmitted content, transmission
via the Electronic Court and Administration Mailbox (.Elektronisches Gerichts- und
Verwaltungspostfach, EGVP - see http://www.egvp.de) is requested.
17. Declaration on Article 35, paragraph 3:
Where the request and the supporting documents are not in the German language they
must be accompanied by translations of the request and the supporting documents into
the German language or into one of the official languages of the Council of Europe.
18. Declaration on Article 42, paragraph 2:
Without prior consent, information or evidence provided may not be used or transmitted
by the authorities of the requesting Party for investigations or proceedings other
than those specified in the request.
19. Declaration on Article 46, paragraph 5:
Article 46, paragraph 5, shall only apply in part. To the extent that it concerns
judicial assistance, in particular where investigation and criminal proceedings have
been instituted, a formal request pursuant to the agreements applicable between the
Parties shall be required.
20. 20. Declaration on Article 46, paragraph 13:
[See declaration of 21-08-2017]
21. Declaration on Article 47:
Article 47 shall not be applied to the extent that it concerns the postponement of
suspicious banking transactions.
21-08-2017
Financial Intelligence Unit (Article 46, paragraph 13):
Central Customs Authority
Financial Intelligence Unit (FIU)
Greece
07-11-2017
1) The Hellenic Republic reserves its right, in accordance with Article 53, paragraph
2 of the Convention, not to apply Article 7, paragraph 2, sub-paragraph c and Article
9, paragraph 6.
2) The Hellenic Republic reserves its right, in accordance with Article 53, paragraph
2 of the Convention, to apply paragraph 5 of Article 46 only subject to compliance
with the reciprocity rule.
3) The Hellenic Republic State declares that, in accordance with Article 3 paragraph
2 of the Convention, paragraph 1 of the said Article is applied only for offences
on laundering of proceeds of crime and for predicate offences prescribed by articles
2 and 3 of law 3691/2008.
4) The Hellenic Republic declares, in accordance with Article 53, paragraph 4 of the
Convention, that it will not apply paragraph 4 of Article 3.
5) The Hellenic Republic declares that, in accordance with Article 9, paragraph 4
of the Convention, paragraph 1 of the said Article is applied only when the predicate
offence is one of those referred to in article 3 of law 3691/2008.
6) The Hellenic Republic declares, in accordance with Article 17, paragraph 5 of the
Convention, that the said Article is applied only for offences of laundering proceeds
of crime and predicate offences as prescribed by articles 2 and 3 of law 3691/2008.
7) The Hellenic Republic declares, in accordance with Article 53, paragraph 3 of the
Convention that it will apply Article 19 only provided it withdraws its reservation
referred to under paragraph 1 above, regarding Article 7, paragraph 2, sub-paragraph
c.
8) The Hellenic Republic declares, in accordance with Article 24, paragraph 3 of the
Convention, that it will apply paragraph 2 of the said Article, only subject to its
Constitution and the fundamental principles of its legal system.
9) The Hellenic Republic declares, in accordance with Article 31, paragraph 2 of the
Convention that it does not accept the possibility prescribed in sub-paragraph a of
the said paragraph of Article 31.
10) The Hellenic Republic declares, in accordance with Article 33, paragraph 2 of
the Convention that the Central Authority designated to receive and send requests
submitted within the framework of international cooperation for applying the Convention,
as well as for forwarding them to the authorities competent for executing them, is
the:
Ministry of Justice, Transparency and Human Rights
Directorate of Legislative Work, International Relations and International Judicial
Co-operation
Department of International Judicial Co-operation in Civil and Criminal Cases.
11) The Hellenic Republic declares, in accordance with Article 35, paragraph 1 of
the Convention that it is ready to accept and execute requests received electronically
or by any other means of communication under the condition that the latter permit
the verification of the authenticity of transmission.
12) The Hellenic Republic declares, in accordance with Article 35, paragraph 3 of
the Convention that it requires that requests submitted to it within the framework
of international cooperation and documents supporting such requests be accompanied
by a translation into the Greek or the English language.
13) The Hellenic Republic declares, in accordance with Article 42, paragraph 2 of
the Convention that, without its prior consent, information or evidence provided by
it within the framework of international cooperation may not be used or transmitted
by the authorities of the requesting Party for investigations or proceedings different
than those specified in the relevant request.
14) The Hellenic Republic declares, in accordance with Article 46, paragraph 13 of
the Convention, that it appoints Unit A of the Anti-Money Laundering, Counter-Terrorist
Financing and Source of Funds Investigation Authority as Financial Intelligence Unit.
Hungary
14-04-2009
The Republic of Hungary reserves the right that Article 3, paragraph 2, of the Convention
will apply only to offences specified in the Criminal Code of Hungary.
In accordance with Article 9, paragraph 4, of the Convention, the Republic of Hungary
reserves the right that Article 9, paragraph 4 shall apply only in so far as the offence
is punishable by deprivation of liberty.
The Republic of Hungary reserves the right not to apply the provisions of Article
9, paragraph 6, of the Convention.
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Hungary
declares that the provisions of Article 24, paragraph 2, shall apply only subject
to the constitutional principles and the basic concepts of the Hungarian legal system.
In accordance with Article 31, paragraph 2, of the Convention, the Republic of Hungary
declares that judicial documents must be delivered through the Ministry of Justice
and Law Enforcement as Central Authority.
In accordance with Article 35, paragraph 3, of the Convention, the Republic of Hungary
reserves the right that the requests and the documents supporting such requests shall
be in Hungarian or in one of the official languages of the Council of Europe or they
shall be accompanied by a translation into one of these languages. Concerning those
Member States which accept requests not solely in their own official languages or
requests accompanied by a translation into one of these languages, the Republic of
Hungary accepts the request in English, in French or in German or with a translation
into one of these languages.
In accordance with Article 42, paragraph 2, of the Convention, the Republic of Hungary
declares that the information and evidence provided under the provisions of Chapter
IV of the Convention may not be used or transmitted for any purpose other than investigations
or proceedings in the request by the authorities of the requesting Party without the
prior consent of the authority which provided the information or evidence.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of Hungary
informs the Secretary General of the Council of Europe that the Central Authorities
designated are:
- Ministry of Justice and Law Enforcement (4 Kossuth Lajos Sqr., Budapest 1055, Hungary,
1363 Budapest, P.O. Box 54)
- Prosecutor General's Office of the Republic of Hungary [...].
In accordance with Article 46, paragraph 13, of the Convention, the Republic of Hungary
designates the Hungarian Customs and Finance Guard Central Criminal Investigation
Bureau as domestic financial intelligence unit.
18-01-2018
The Republic of Hungary, in accordance with Article 53, paragraph 6, of the Convention,
withdraws the following reservation, made at the time of deposit of the instrument
of ratification, on 14 April 2009:
“In accordance with Article 9, paragraph 4, of the Convention, the Republic of Hungary
reserves the right that Article 9, paragraph 4 shall apply only in so far as the offence
is punishable by deprivation of liberty.”
Italy
21-02-2017
Under the terms of Article 53, paragraph 4, the Italian Republic declares that it
will not apply Article 3, paragraph 4, of the Convention.
Under the terms of Article 9, paragraph 4, of the Convention, the Italian Republic
declares that paragraph 1 of this article applies only to predicate offences which
constitute "delitti" under Italian law, excluding "delitti" which are not deliberate.
Under the terms of Article 31, paragraph 2, of the Convention, the Italian Republic
declares that the procedures set out in parts a) and b) of this paragraph concerning
the transmission and serving of judicial documents to persons affected by provisional
measures and confiscation shall be allowed in respect of persons on Italian territory
only when, in its relations with the other Party, they are provided for under Italian
legislation or in the international agreements which generally govern mutual assistance
in criminal matters.
Under the terms of Article 35, paragraph 3, of the Convention, the Italian Republic
declares that it reserves the right to require that requests made to it and documents
supporting such requests be accompanied by a translation into Italian or into one
of the official languages of the Council of Europe.
Under the terms of Article 42, paragraph 2, of the Convention, the Italian Republic
declares that the information or evidence provided by Italy under this chapter may
not, without its prior consent, be used or transmitted by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request
In accordance with Articles 12 and 46, paragraph 13, of the Convention, the Italian
Republic designates as the Financial Intelligence Unit:
Unità di Informazione Finanziaria per l’Italia
In accordance with Article 33, paragraph 2, of the Convention, the Italian Republic
designates as the Central authority:
Ministero dell’Economia e delle Finanze
Dipartimento del Tesoro
Latvia
25-02-2010
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Latvia
declares that Article 24, paragraph 2, of the Convention, applies only subject to
the constitutional principles and the basic concepts of the Republic of Latvia's legal
system.
In accordance with Article 31, paragraph 2, of the Convention, the Republic of Latvia
declares that in the pre-trial criminal proceedings the official serving of judicial
documents is made by the Prosecutor General's Office of the Republic of Latvia. In
the adjudication of a case the official serving of judicial documents is made by the
Ministry of Justice of the Republic of Latvia.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of Latvia
declares that the central authorities designated are as follows:
In the pre-trial criminal proceedings up to the commencement of criminal prosecution:
State Police
[...]
In the pre-trial criminal proceedings up to the transfer of a case to the court:
Prosecutor General's Office
[...]
In the adjudication of a case:
Ministry of Justice
[...]
In accordance with Article 35, paragraph 3, of the Convention, the Republic of Latvia
declares that requests made to the Republic of Latvia and documents supporting such
requests shall be accompanied by a translation into Latvian or into English.
In accordance with Article 42, paragraph 2, of the Convention, the Republic of Latvia
declares that, without its prior consent, information or evidence provided by it may
not be used or transmitted by the authorities of the requesting Party in investigations
or proceedings other than those specified in the request.
01-06-2016
(Article 46, paragraph 13)
Financial Intelligence Unit:
Office for the Prevention of Laundering of Proceeds derived from Criminal Activity,
[...]
Lithuania
28-04-2020
1) In accordance with Article 53(2) of the Convention, the Republic of Lithuania reserves
its right not to apply the provisions of Article 9(6) of the Convention;
2) In accordance with Article 24(3) of the Convention, Article 24(2) of the Convention
applies only subject to the principles of the Constitution and the legal system of
Republic of Lithuania;
3) In accordance with Article 33 of the Convention, the Prosecutor General’s Office
of the Republic of Lithuania and the Ministry of Justice of the Republic of Lithuania
are designated as central authorities, which are responsible for sending and answering
requests made under the Convention, the execution of such requests or the transmission
of them to the authorities competent for their execution;
4) In accordance with Article 35(3) of the Convention, the requests made and the documents
supporting such requests must be accompanied by a translation into the Lithuanian
or English language;
5) In accordance with Article 42(2) of the Convention, information or evidence provided
under Chapter IV of the Convention may not, without the prior consent of the Republic
of Lithuania, be used or transmitted by the authorities of the requesting Party in
investigations or proceedings other than those specified in the request;
6) In accordance with Article 46(13) of the Convention, the Financial Crime Investigation
Service under the Ministry of the Interior acts as a financial intelligence unit.
Malta
30-01-2008
In accordance with Article 3, paragraph 2, of the Convention, Malta declares that
Article 3, paragraph 1, shall apply only in so far as the offence is punishable by
deprivation of liberty or a detention order for a maximum of more than one year.
In accordance with Article 9, paragraph 4, of the Convention, Malta declares that
Article 9, paragraph 1, shall apply only in so far as the offence is punishable by
deprivation of liberty or a detention order for a maximum of more than one year.
In accordance with Article 24, paragraph 3, of the Convention, Malta declares that
Article 24, paragraph 2, shall apply subject to Malta's constitutional principles
and to the basic concepts of the Maltese legal system.
In accordance with Article 33, paragraph 2, of the Convention, Malta declares that
the central authority designated in pursuance of paragraph 1 is:
The Office of the Attorney General
Attorney General's Chambers
The Palace
Valletta
Malta
In accordance with Article 35, paragraph 3, of the Convention, the Government of Malta
declares that requests and annexed documents should be addressed to it accompanied
by a translation into English.
In accordance with Article 42, paragraph 2, of the Convention, the Government of Malta
declares that information or evidence provided by it under this Convention may not,
without its prior consent, be used or transmitted by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request.
02-11-2017
The Republic of Malta declares that the unit fulfilling the role and functions of
a financial intelligence unit (FIU) within the meaning of Article 46 of the Convention
in Malta is the Financial Intelligence Analysis Unit (FIAU):
Financial Intelligence Analysis Unit - FIAU
Moldova
18-09-2007
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Moldova
declares that the provisions of Article 24, paragraph 2, shall apply only subject
to the constitutional principles and the basic concepts of the Republic of Moldova's
legal system.
In accordance with Article 35, paragraphs 1 and 3, of the Convention, the Republic
of Moldova declares that acceptable languages for the requests for legal assistance
and for the documents supporting such requests are: Moldavian, English or Russian.
In accordance with Article 42, paragraph 2, of the Convention, the Republic of Moldova
declares that information and evidence provided under the provisions of Chapter IV
of the Convention may not be used or transmitted without the Republic of Moldova's
consent, by the authorities of the requesting Party in investigations or proceedings
other than those specified in the request.
In accordance with Article 51, paragraph 1, of the Convention, the Republic of Moldova
declares that, until the full re-establishment of the territorial integrity of the
Republic of Moldova, the provisions of the Convention shall be applied only on the
territory effectively controlled by the authorities of the Republic of Moldova.
In accordance with Article 53, paragraph 4, of the Convention, the Republic of Moldova
declares that the provisions of Article 3, paragraph 4, shall apply only partially,
in conformity with the principles of the domestic law.
In accordance with Article 53 of the Convention, with reference to the provisions
of Article 31, the Republic of Moldova declares that notification of judicial documents,
as well as of those received by national authorities, shall effect through the:
a. Center for Combating Economic Crimes and Corruption - until the establishment of
criminal prosecution;
b. General Prosecutor's Office - during the criminal prosecution;
c. Ministry of Justice - during the trial procedure and the execution of judgments.
24-10-2014
Central authorities:
Article 33, paragraph 2
National Anticorruption Center
[…]
Ministry of Justice
[…]
General Prosecutor's Office
[…]
Article 46, paragraph 13
Office for the prevention and fight against money laundering,
National Anticorruption Center
[…]
Monaco
30-03-2020
Updating of central authority:
In accordance with Article 33, Paragraph 2, of the Convention, the Principality of
Monaco declares that the central authority responsible for sending and answering requests,
the execution of such requests or the transmission of them to the authorities competent
for their execution is the:
Direction des Services Judiciaires
In accordance with Article 46, paragraph 13, of the Convention, Monaco’s Financial
Intelligence Unit is the:
Service d’information et de Contrôle sur les Circuits Financiers (SICCFIN)
22-10-2020
The Permanent Representation wishes to begin by recalling that the Principality did
not wish to make a reservation or declaration at the time of ratification, considering
that, in view of the stipulations of Article 7 of the Convention and the study of
positive Monegasque law at the time of the said ratification, the application of Article
7 of the Convention, entitled "Investigative powers and techniques", did not require
the enactment of new standards, the modification of existing legislative provisions
or the making of a reservation.
However, it should be noted that in the context of the work of the Conference of the
Parties, the latter came to the opposite conclusion. To this end, it based its analysis
on the provisions of Articles 87, 91 and 100 of the Code of Criminal Procedure, provisions
which the Conference of Parties considered to be "general".
This Representation wishes to point out that, with regard to the monitoring, for a
given period, of banking operations carried out on one or more identified accounts,
the Monegasque authorities have taken into consideration the ordinary law system in
terms of criminal procedure, relating to the powers of the examining magistrate.
However, while for the Monegasque Authorities, the scope of application of these standards
allowed, precisely because of its "general" scope, for a compliant application of
Article 7, paragraph 2, subparagraph c, of the Convention, the Conference of Parties
has, on the contrary, considered - drawing from this same "generality" of diametrically
opposed consequences - that "the general rules could be interpreted differently, in
the absence of case-law specifically referring to the supervision of banking operations",
as a result of which "the rapporteurs cannot conclude that Article 7, paragraph 2,
sub-paragraph c, of the Convention is correctly applied in Monaco".
In any event, this Permanent Representation stresses that the Monegasque Authorities
wish to recall the Principality's attachment to comply with all the obligations of
this Convention. Monaco intends to ensure that all necessary measures continue to
be taken, in domestic law, to give effect to the provisions of this Convention and
to ensure its effective application. In this respect, the Principality is considering
changes to its domestic law to ensure and recognise the conformity of Monegasque law
with the objectives pursued by Articles 7, paragraph 2, sub-paragraph c, and 19 of
the Convention.
Observing nevertheless that, pending a reform of its domestic law, the Principality
of Monaco fears, in the meantime, that it will not be able to apply the above-mentioned
treaty provisions in a way which was assessed by the Conference of Parties as being
in conformity with the interpretation given by the latter, the Monegasque Authorities
therefore wish to avail themselves of the conclusions of the International Law Commission,
formalised in the framework of its Guide to Practice on reservations to treaties (adopted
by the International Law Commission at its sixty-third session, in 2011, and submitted
to the General Assembly as part of its report on the work of that session (A/66/10),
§ 2.3.). In this respect, the Monegasque Authorities wish to indicate that, while
a priori Article 53 of the Convention seems to allow reservations to be formulated
only at the time of signature or when depositing the instrument of ratification, acceptance,
approval or accession, a State could nevertheless formulate a reservation to a treaty
after expressing its consent to be bound by that treaty if none of the other Contracting
States objects (cf. the aforementioned Guide, spec. § 2.3.). The said Guide further
specifies that the late formulation of a reservation would be deemed to have been
accepted if no contracting State has objected to such formulation by the end of the
12 months following the date on which it was notified of it (ibid., § 2.3.1.). These
are the elements in support of which late reservations to certain Council of Europe
conventions have been formulated without raising any opposition (see the commentary
of the International Law Commission on guideline 2.3, document A/66/10/Add.l., para.
15, p. 195).
This Permanent Representation indicates that Monaco would thus like to make reservations
after ratification of the above-mentioned Convention, in particular with regard to
Articles 7, paragraph 2, sub-paragraph c, and 19, provided that no State Party has
objected to this formulation by the end of the twelve months following the date on
which it received notification.
In the light of these considerations, the Principality would like to make the following
reservations: "In accordance with Article 53, paragraph 2, of the Convention, the
Principality of Monaco reserves the right not to apply Article 7, paragraph 2, sub-paragraph
c.";
"In accordance with Article 53, paragraph 3, of the Convention, the Principality of
Monaco declares that it will apply Article 19 only on condition that it withdraws
its reservation to Article 7, paragraph 2, sub-paragraph c.".
In addition, the Permanent Representation of the Principality of Monaco to the Council
of Europe indicates that, in continuity with its Note verbale dated 30 March 2020,
by which the Principality of Monaco designated, in accordance with Article 33, paragraph
2, of the Convention, the Direction des Services Judiciaires as its central authority
- in place of the Service d'Information et de Contrôle sur les Circuits Financiers
(SICCFIN) which had been designated by the declaration deposited with the instruments
of ratification on 23 April 2019 -, it appeared that for this new central authority,
the Principality had to make the declarations envisaged by Articles 24, paragraph
3, 31, paragraph 2, 35, paragraph 3, and 42, paragraph 2, of the Convention.
Consequently, as the Directorate of Judicial Services was only appointed after the
ratification of the Convention, this Representation indicates that the Principality
would like to make the following late declarations, which could not be made at the
time of the deposit of the instrument of ratification for the above-mentioned reasons:
"In accordance with Article 24, paragraph 3, of the Convention, the Principality of
Monaco declares that Article 24, paragraph 2, shall apply subject to the principles
of the Monegasque constitutional law and the fundamental concepts of the Monegasque
legal system;
"In accordance with Article 31, paragraph 2, of the Convention, the Principality of
Monaco declares that it will apply the provisions of the European Convention on Mutual
Assistance in Criminal Matters and that the judicial acts referred to in Article 31,
paragraph 2, will be notified only through the "central authority" on mutual assistance
in criminal matters;
"In accordance with Article 35, paragraph 3, of the Convention, the Principality of
Monaco declares that all applications and supporting documents must be accompanied
by a translation into French;
"In accordance with Article 42, paragraph 2, of the Convention, the Principality of
Monaco declares that information or evidence provided by it under Chapter IV of the
Convention may not, without its prior consent, be used or transmitted by the Authorities
of the requesting Party for purposes of investigations or proceedings other than those
specified in the request.
Furthermore, the Permanent Representation of the Principality of Monaco to the Council
of Europe indicates that the analysis carried out by the Directorate of Judicial Services,
the central authority designated after ratification of the Convention, leads the Principality,
in the current state of its law, to be unable to fully apply the requirements prescribed
by Article 9, paragraph 1, of the Convention. Consequently, in order to comply fully
with these requirements, the Representation indicates that the Principality would
like to make use of the option offered by Article 9, paragraph 4, by making the following
reservation, which could not, for the above-mentioned reasons, be made at the time
of the deposit of the instrument of ratification:
"In accordance with Article 9, paragraph 4, of the Convention, the Principality of
Monaco declares that Article 9, paragraph 1, shall apply only to the offences related
to the laundering of proceeds of crime and predicate offences established by Articles
218 to 218-3 of the Criminal Code and to the laundering of proceeds of drug trafficking
as provided for and punishable under Articles 4-lb, 4-3 and 4-4 of Law No. 890 of
1 July 1970 on narcotic drugs, as amended.
Finally, the Permanent Representation of the Principality of Monaco to the Council
of Europe indicates that the Principality would like to make two interpretative declarations
in relation to Articles 17 and 18 of the Convention.
The Guide to Practice on Reservations to Treaties (cf. the aforementioned Guide, §
2.4.4) specifies that where a treaty does not provide that interpretative declarations
must be formulated at specified times, they may be formulated at any time.
Consequently, the Principality would like to take advantage of this possibility to
formulate the following interpretative declarations:
"In accordance with Article 17, paragraph 6, of the Convention, the Principality of
Monaco declares that the measures governed by Article 17 do not apply to accounts
held by non-bank financial institutions;
"In accordance with Article 18, paragraph 5, of the Convention, the Principality of
Monaco declares that the measures governed by Article 18 shall not apply to accounts
held by non-bank financial institutions.”.
Objection Austria, 05-11-2021
The Government of Austria has carefully examined the reservations and declarations
made by the Principality of Monaco to Articles 7(2)(c), 9(1), 19, 24(2) and 31(2)
as well as according to Articles 35(3) and 42(2) of the Council of Europe Convention
on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on
the Financing of Terrorism (hereinafter “Convention”) on 21 October 2020.
While the abovementioned reservations and declarations are foreseen by the Convention,
the Convention explicitly states for each of these reservations and declarations that
a State may only make them “at the time of signature or when depositing its instrument
of ratification, acceptance, approval or accession”.
The Principality of Monaco ratified the Convention already on 23 April 2019, without
making the abovementioned reservations and declarations. Austria therefore considers
the reservations and declarations to Articles 7(2)(c), 9(1), 19, 24(2) and 31(2) as
well as according to Articles 35(3) and 42(2) of the Convention to be formulated late
and opposes them.
Montenegro
20-10-2008
In accordance with Article 33, paragraph 2, of the Convention, Montenegro designates
the Ministry of Justice and the Directorate Against Money Laundering and Against the
Financing of Terrorism as the central authorities responsible for carrying out the
functions foreseen by this Convention:
Ministry of Justice
[…]
Morocco
19-04-2022
The Kingdom of Morocco declares that the Ministry of Justice – Directorate of Criminal
Affairs and Pardons – is designated as the central authority in accordance with Article
33 of the Convention.
23-11-2022
In accordance with Article 33 of the Convention, the Kingdom of Morocco has designated
the Autorité Nationale du Renseignement Financier (ANRF), within the Ministry of Finance,
as the Central authority in charge of financial cooperation.
To this effect, it should be noted that any exchange following this designation will
be carried out in
accordance with ANRF’s attributions and remains an exchange of financial intelligence
relating to
financing of terrorism and money laundering operations or related offences, with foreign
authorities
with similar competences, in this case the Financial Intelligence Units.
Netherlands, the Kingdom of the
13-08-2008
In accordance with Article 3, paragraph 2, of the Convention, the Kingdom of the Netherlands
declares that it reserves the right not to apply Article 3, paragraph 1, of the Convention
with regard to the confiscation of the proceeds from offences punishable under legislation
on taxation or on customs and excise.
09-01-2012
In accordance with Article 9, paragraph 4, of the Convention, the Kingdom of the Netherlands
declares that Article 9, paragraph 1, of the Convention will only be applied to predicate
offences that qualify as "misdrijven" (crimes) under the domestic law of the European
part of the Netherlands or under the domestic law of the Caribbean part of the Netherlands
(the islands of Bonaire, Sint Eustatius and Saba).
In accordance with Article 35, paragraph 3, of the Convention, the Kingdom of the
Netherlands declares that requests made to the European part of the Netherlands and
documents supporting such requests in a language other than Dutch, French or English
shall be accompanied by a translation into one of these
languages.
In accordance with Article 35, paragraph 3, of the Convention, the Kingdom of the
Netherlands declares that requests made to the Caribbean part of the Netherlands (the
islands of Bonaire, Sint Eustatius and Saba) and documents supporting such requests
in a language other than Dutch, English or Spanish shall be accompanied by a translation
into one of these languages.
In accordance with Article 33, paragraph 2, of the Convention, the central authority,
referred to in Article 33, paragraph 1, designated for the European part of the Netherlands
and for the Caribbean part of the
Netherlands (the islands of Bonaire, Sint Eustatius and Saba) is:
Ministerie van Veiligheid en Justitie (Ministry of Security and Justice)
Afdeling Internationale Rechtshulp in Strafzaken
[…]
In accordance with Article 46, paragraph 13, of the Convention, the Financial Intelligence
Unit designated for the European part of the Netherlands and for the Caribbean part
of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) is:
Financial Intelligence Unit Nederland
[…]
The reservation made by the Kingdom of the Netherlands at the time of acceptance of
the Convention, on 13 August 2008, is confirmed for the Caribbean part of the Netherlands
(the islands of Bonaire, Sint Eustatius and Saba). The reservation remains valid for
the European part of the Netherlands.
19-02-2015
In conformity with the provisions of Article 51, paragraph 2, of the Convention, the
Kingdom of the Netherlands accepts the Convention for Aruba.
In accordance with Article 3, paragraph 2, of the Convention, the Kingdom of the Netherlands,
for Aruba, declares that it reserves the right not to apply Article 3, paragraph 1,
of the Convention with regard to the confiscation of the proceeds from offences punishable
under legislation on taxation or on customs and excise.
In accordance with Article 9, paragraph 4, of the Convention, the Kingdom of the Netherlands,
for Aruba, declares that Article 9, paragraph 1, of the Convention will only be applied
to predicate offences that qualify as “misdrijven” (crimes) under the domestic law
of Aruba.
In accordance with Article 35, paragraph 3, of the Convention, the Kingdom of the
Netherlands, for Aruba, declares that requests made to Aruba and documents supporting
such requests in a language other than Dutch, English or Spanish shall be accompanied
by a translation into one of these languages.
In accordance with Article 33, paragraph 2, of the Convention, the central authority
referred to in Article 33, paragraph 1, designated for Aruba is:
De Procureur-Generaal van Aruba
[…]
In accordance with Article 46, paragraph 13, of the Convention, the Financial Inteligence
Unit designated for Aruba is:
Meldpunt Ongebruikelijke Transacties (MOT)
[…]
07-01-2025
In accordance with Article 3, paragraph 2, of the Council of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the
Financing of Terrorism, the Kingdom of the Netherlands, for Curaçao, declares that
it reserves the right not to apply Article 3, paragraph 1, of the Convention with
regard to the confiscation of the proceeds from offences punishable under legislation
on taxation or on customs and excise.
In accordance with Article 9, paragraph 4, of the Council of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the
Financing of Terrorism, the Kingdom of the Netherlands, for Curaçao, declares that
Article 9, paragraph 1, of the Convention will only be applied to predicate offences
that qualify as “misdrijven” (crimes) under the domestic law of Curaçao.
In accordance with Article 33, paragraph 2, of the Council of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the
Financing of Terrorism, the Kingdom of the Netherlands declares that the central authority
referred to in Article 33, paragraph 1, designated for Curaçao is:
International Rechtshulp Centrum (IRC) van het Parket van de Procureur-Generaal
[…]
In accordance with Article 35, paragraph 3, of the Council of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the
Financing of Terrorism, the Kingdom of the Netherlands, for Curaçao, declares that
requests made to Curaçao and documents supporting such requests in a language other
than Dutch, English or Spanish shall be accompanied by a translation into one of these
languages.
In accordance with Article 46, paragraph 13, of the Council of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the
Financing of Terrorism, the Kingdom of the Netherlands declares that the Financial
Intelligence Unit designated for Curaçao is:
Financial Intelligence Unit Curaçao
[...]
North Macedonia
27-05-2009
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Macedonia
declares that Article 24, paragraph 2, of the Convention, applies only subject to
the constitutional principles and the basic concepts of the legal system of the Republic
of Macedonia.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of Macedonia
has designated the Ministry of Justice and the Office for Prevention of Money Laundering
and Financing of Terrorism at the Ministry of Finance of the Republic of Macedonia
as the central authorities responsible for carrying out the functions foreseen by
this Convention:
Ministry of Justice of the Republic of Macedonia
[…]
Office for Prevention of Money Laundering and Financing of Terrorism
at the Ministry of Finance of the Republic of Macedonia
[…]
In accordance with Article 35, paragraph 3, of the Convention, the Republic of Macedonia
declares that requests and annexed documents supporting such requests should be accompanied
by a translation into the Macedonian language, or if this is not possible, they can
be sent with a translation into the English language.
In accordance with Article 42, paragraph 2, of the Convention, the Government of the
Republic of Macedonia declares that information or evidence provided by it under this
Convention may not, without its prior consent, be used or transmitted by the authorities
of the requesting Party in investigations or proceedings other than those specified
in the request.
Poland
08-08-2007
1. In accordance with Article 53, paragraph 4b, of the Convention, the Republic of
Poland declares that Article 3, paragraph 4, shall not be applied.
2. In accordance with Article 53, paragraph 2, of the Convention, the Republic of
Poland declares that Article 9, paragraph 6, shall not be applied.
3. In accordance with Article 53, paragraph 1, of the Convention, the Republic of
Poland declares that the methods of transmission referred to in Article 31, paragraph
2, of the Convention shall be applied on its territory only in so far as they are
provided for in appropriate international agreements relating to legal assistance
between the Republic of Poland and the Party transmitting a judicial document.
4. In accordance with Article 33, paragraph 2, of the Convention, the Republic of
Poland declares that the central authorities shall be :
- the Ministry of Justice of the Republic of Poland,[…], and
- the Ministry of Finance of the Republic of Poland, […].
5. In accordance with Article 35, paragraph 3, of the Convention, the Republic of
Poland declares that all requests and documents transmitted to its authorities under
Chapter IV of the Convention shall be accompanied by a translation in Polish or into
one of the official languages of the Council of Europe.
6. In accordance with Article 42, paragraph 2, of the Convention, the Republic of
Poland declares that information and evidence transmitted for the execution of a request
filed pursuant to Chapter III of the Convention shall not, without its prior consent,
be used for purposes other than those specified in the request.
Portugal
22-04-2010
In accordance with Article 17 of the Convention, the Portuguese Republic declares
that the referred disposition applies only to the categories of infractions contained
in the Appendix to the Convention, as defined by its legislation.
In accordance with Article 31, paragraph 2, of the Convention, the Portuguese Republic
declares that its application is subordinate to the existence of bilateral or multilateral
conventions on judiciary mutual assistance between the Portuguese Republic and the
Party of origin.
In accordance with Article 33 of the Convention, the Portuguese Republic declares
that, for its purposes, the central authority is the Procuradoria-Geral da República,[…].
In accordance with Article 35 of the Convention, the Portuguese Republic declares
that, for its purposes, the requirements and documents annexed which are addressed
to it should be accompanied by the respective translation into Portuguese or into
one of the Council of Europe's official languages.
In accordance with Article 42 of the Convention, the Portuguese Republic declares
that the information or elements of proof rendered by the Portuguese State cannot,
without its consent, be used or transmitted by the applicant authorities of the Party
aimed at investigation or procedures different from those specified in the requirement.
In accordance with Article 46, paragraph 13, of the Convention, the Portuguese Republic
declares that, for its purposes, the unit which is the FIU is the Unidade de Informação
Financeira, […].
Romania
16-04-2007
1. In accordance with Article 24, paragraph 3, of the Convention, the provisions of
Article 24, paragraph 2 shall apply only subject to the constitutional principles
and the basic concepts of the Romanian legal system.
2. In accordance with Article 31, paragraph 2, of the Convention:
a) the requests of judicial assistence formulated in the stage of criminal investigation
and criminal pursuit shall be addressed to the Prosecutor's Office attached to the
High Court of Cassation and Justice;
b) the requests of judicial assistence formulated during the trial stage and the execution
of punishment stage shall be addressed to the Ministry of Justice.
3. In accordance with Article 33, paragraph 2, of the Convention, the Romanian central
authorities designated for the application of the provisions of Chapter IV of the
Convention are :
- National Office for Prevention and Combating of Money Laundering
[…]
- Ministry of Justice
[…]
- Prosecutor's Office attached to the High Court of Cassation and Justice
[…]
- Ministry of Administration and Interior
[…]
- Ministry of Public Finance
[…]
4. In accordance with Article 35, paragraphs 1 and 3, of the Convention, the requests
and the documents supporting such requests addressed to Romanian authorities shall
be accompanied by a translation in Romanian language or in one of the official languages
of the Council of Europe.
5. In accordance with Article 42, paragraph 2, of the Convention, the information
or evidence provided under the provisions of Chapter IV of the Convention may not
be used or transmitted without its prior consent by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request.
6. In accordance with Article 53, paragraph 4, of the Convention, the provisions of
Article 3, paragraph 4 shall apply only partially, in conformity with the principles
of the domestic law.
27-04-2022
Central authority:
Updating of contact information: (Article 33, FIU)
National Office for Prevention and Combating of Money Laundering
[…]
Russian Federation
27-09-2017
The Russian Federation considers that Article 3, paragraph 1, of the Convention applies
in respect of crimes listed in the appendix to the Convention and declares, in accordance
with Article 3, paragraph 2, of the Convention, that it reserves the right to apply
Article 3, paragraph 1, of the Convention only with respect to crimes listed in paragraph
“a” of Part 1 of Article 104 of the Criminal Code of the Russian Federation.
Pursuant to Article 53, paragraph 4, of the Convention, the Russian Federation declares
that it shall not apply Article 3, paragraph 4, of the Convention.
Pursuant to Article 53, paragraph 2, of the Convention, the Russian Federation declares
that it reserves the right not to apply Article7, paragraph 2.c, of the Convention,
in whole or in part.
Pursuant to Article 53, paragraph 3, of the Convention, the Russian Federation declares
that it reserves the right to apply the provisions of Articles 17 and 19 of the Convention
in accordance with the international treaties of the Russian Federation on cooperation
in criminal matters and the legislation of the Russian Federation.
Pursuant to Article 24, paragraph 3, of the Convention, the Russian Federation declares
that Article 24, paragraph 2, of the Convention will apply only with the observance
of the Constitution of the Russian Federation and the fundamental principles of the
legal system of the Russian Federation.
Pursuant to Article 31, paragraph 2, of the Convention, the Russian Federation declares
that the service of judicial documents shall be effected through the Ministry of Justice
of the Russian Federation in accordance with the legislation of the Russian Federation.
Pursuant to Article 33, paragraph 2, of the Convention, the Russian Federation declares
that for the Russian Federation the Central Authorities designated in accordance with
Article 33, paragraph 1, of the Convention, are as follows:
- Ministry of Justice of the Russian Federation - on cooperation issues related to
the activities of the courts of the Russian Federation;
- Office of Prosecutor-General of the Russian Federation - on all other issues.
Pursuant to Article 35, paragraphs 1 and 3, of the Convention, the Russian Federation
declares that it reserves the right to require the originals of the requests transmitted
to it electronically or by any other means of communication, and to require that requests
made to it and documents supporting such requests be accompanied by a translation
into Russian.
Pursuant to Article 42, paragraph 2, of the Convention, the Russian Federation declares
that information or evidence provided by it in accordance with Chapter IV of the Convention
may not be used or transmitted by the authorities of the requesting Party for investigations
or proceedings other than those specified in the request.
Pursuant to Article 53, paragraph 2, of the Convention, the Russian Federation declares
that it reserves the right not to apply Article 46, paragraph 5, of the Convention,
in part.
Pursuant to Article 46, paragraph 13, of the Convention, the Russian Federation declares
that, in the Russian Federation, the authority exercising the functions of Financial
Intelligence Unit in accordance with the Convention is the Federal Financial Monitoring
Service.
San Marino
27-07-2010
In accordance with Article 3, paragraph 2, of the Convention, the Republic of San
Marino declares that Article 3, paragraph 1, applies only to offences specified in
the Appendix to the Convention and to offences specified in Article 147 of the Criminal
Code of the Republic of San Marino.
In accordance with Article 9, paragraph 4, of the Convention, the Republic of San
Marino declares that Article 9, paragraph 1, applies only to offences committed intentionally.
In accordance with Article 24, paragraph 3, of the Convention, the Republic of San
Marino declares that Article 24, paragraph 2, applies only subject to the constitutional
principles and the basic concepts of the Republic of San Marino's legal system.
In accordance with Article 31, paragraph 2, of the Convention, the Republic of San
Marino declares that judicial documents can be delivered only through its Central
Authority, without prejudice to what is provided by bilateral agreements.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of San
Marino declares that the Central authority designated is: Segretaria di Stato per
gli Affari Esteri ([…]), without prejudice of provisions specified by bilateral agreements
allowing direct relations between judicial authorities.
In accordance with Article 35, paragraph 1, of the Convention, the Republic of San
Marino declares that requests shall be transmitted by mail or fax only.
In accordance with Article 35, paragraph 3, of the Convention, the Republic of San
Marino declares that requests and documents supporting such requests shall be accompanied
by a translation into Italian or, if it is not possible, into English.
In accordance with Article 42, paragraph 2, of the Convention, the Republic of San
Marino declares that information and evidence provided by it under the provisions
of Chapter IV of the Convention may not, without the prior consent of San Marino's
competent authority, be used or transmitted by the authorities of the requesting Party
in investigations or proceedings other than those specified in the request.
In accordance with Article 46, paragraph 13, of the Convention, the Republic of San
Marino declares that Financial Intelligence Unit designated for the Republic of San
Marino is: Agenzia di Informazione Finanziaria ([…]).
In accordance with Article 53, paragraph 2, of the Convention, the Republic of San
Marino declares that it reserves the right not to apply in whole the provisions of
Article 7, paragraph 2, sub-paragraph c.
In accordance with Article 53, paragraph 2, of the Convention, the Republic of San
Marino declares that it reserves the right not to apply the provisions of Article
46, paragraph 5.
In accordance with Article 53, paragraph 2, of the Convention, the Republic of San
Marino declares that it reserves the right not to apply the provisions of Article
47.
In accordance with Article 53, paragraph 3, of the Convention, the Republic of San
Marino declares that it will apply Articles 17 and 19 by taking into account the European
Convention on Mutual Assistance in Criminal Matters, done in Strasbourg, on 20 April
1959, and the declarations and reservations made in its respect by the Republic of
San Marino.
In accordance with Article 53, paragraph 4a, of the Convention, the Republic of San
Marino declares that it will not apply the provisions of Article 3, paragraph 4.
10-04-2013
In accordance with Article 35, paragraph 1, of the Convention, the Republic of San
Marino commits to accept and execute requests received electronically or by other
means of communication provided that the Requesting Party simultaneously transmits
the original of such requests.
10-04-2013
The Republic of San Marino, in accordance with Article 53, paragraph 6, of the Convention,
withdraws the following reservations and declarations, made at the time of deposit
of the instrument of ratification, on 27 July 2010:
In accordance with Article 3, paragraph 2, of the Convention, the Republic of San
Marino declares that Article 3, paragraph 1, applies only to offences specified in
the Appendix to the Convention and to offences specified in Article 147 of the Criminal
Code of the Republic of San Marino.
In accordance with Article 9, paragraph 4, of the Convention, the Republic of San
Marino declares that Article 9, paragraph 1, applies only to offences committed intentionally.
In accordance with Article 53, paragraph 2, of the Convention, the Republic of San
Marino declares that it reserves the right not to apply in whole the provisions of
Article 7, paragraph 2, sub-paragraph c.
In accordance with Article 53, paragraph 2, of the Convention, the Republic of San
Marino declares that it reserves the right not to apply the provisions of Article
46, paragraph 5.
In accordance with Article 53, paragraph 2, of the Convention, the Republic of San
Marino declares that it reserves the right not to apply the provisions of Article
47.
In accordance with Article 53, paragraph 3, of the Convention, the Republic of San
Marino declares that it will apply Articles 17 and 19 by taking into account the European
Convention on Mutual Assistance in Criminal Matters, done in Strasbourg, on 20 April
1959, and the declarations and reservations made in its respect by the Republic of
San Marino.
In accordance with Article 53, paragraph 4a, of the Convention, the Republic of San
Marino declares that it will not apply the provisions of Article 3, paragraph 4.
Serbia
16-07-2009
In accordance with Article 33 of the Convention, Serbia designates as central authorities
in charge of the implementation of the Convention:
Ministry of Interior of the Republic of Serbia
Directorate of Crime Police
Department for the fight against organized crime
[…]
Ministry of Finances of the Republic of Serbia
Directorate for the prevention of money laundering
[…]
Slovakia
16-09-2008
In accordance with Article 53, paragraph 4, and Article 3, paragraph 4, the Slovak
Republic declares that it does not apply the right to require that, in respect of
a serious offence or offences as defined by the national law, an offender demonstrates
the origin of alleged proceeds or other property liable to confiscation.
In accordance with Article 53, paragraph 2, the Slovak Republic reserves the right
not to apply in whole the procedure under Article 7, paragraph 2, sub-paragraph c).
In accordance with Article 53, paragraph 2, and Article 9, paragraph 6, the Slovak
Republic reserves the right, while sentencing the person for money laundering, to
exactly specify a predicate criminal offence that gave rise to property subject to
Article 9, paragraph 1, sub-paragraphs a) or b).
In accordance with Article 53, paragraph 1, and Article 24, paragraph 3, the Slovak
Republic declares that Article 24, paragraph 2, shall be only subject to its constitutional
principles and the basic concepts of its legal system.
In accordance with Article 53, paragraph 1, and Article 31, paragraph 2, the Slovak
Republic declares that it does not accept the procedure of serving the judicial documents
mentioned in Article 31, paragraph 2, sub paragraphs a) and b).
In accordance with Article 33, paragraph 1, the Slovak Republic informs that the competent
authorities are:
Ministry of Justice of the Slovak Republic
[…]
and
General Prosecutor's Office of the Slovak Republic
[…]
In accordance with Article 53, paragraph 1, and Article 35, paragraph 1, the Slovak
Republic declares that the competent authorities will start to proceed upon the request
of the foreign authority delivered to them by fax or in electronic form, provided
they do not doubt its authenticity and the case is of urgent character. Subsequently,
the original copy of the request has to be delivered within the period laid down by
the requested authority unless it drops the requirement of submitting such original
copy.
In accordance with Article 53, paragraph 1, and Article 35, paragraph 3, the Slovak
Republic declares that it reserves the right that requests made to it and documents
supporting such requests be accompanied by a translation into the Slovak language.
In urgent cases they can be sent with a translation into the English language.
In accordance with Article 53, paragraph 1, and Article 42, paragraph 2, the Slovak
Republic declares that without its prior consent the information or evidence provided
under Chapter IV of this Convention may not be used or forwarded by the authorities
of the requesting Party in investigations or criminal proceedings other than those
specified in the request.
In accordance with Article 46, paragraph 13, the Slovak Republic declares that the
financial intelligence unit shall be:
Police Force Presidium
Bureau of Combating Organized Crime
Financial Intelligence Unit
[…]
03-09-2020
Central Authority
Updating of contact information:
(Article 33) Ministry of Justice of the Slovak Republic
[…]
22-11-2023
The Slovak Republic withdraws its reservation to Article 7, paragraph 2, sub-paragraph c, made in accordance with Article 53, paragraph 2, of the Convention, at the time of ratification of said convention.
Slovenia
26-04-2010
Pursuant to Article 33, paragraph 1, of the Convention, the Republic of Slovenia declares
that the central authority, responsible for sending and answering requests made under
the Chapter IV, the execution of such requests or the transmission of them to the
authorities competent for their execution, is:
Ministry of Finance - Office for Money Laundering Prevention
[…]
Pursuant to Article 35, paragraph 1, of the Convention, the Republic of Slovenia declares
that it is ready to accept and execute requests received electronically or by other
means of communication under the condition that the request was sent by a secure e-mail,
in an encrypted form (e.g.: PGP key - Pretty Good Privacy or other equivalent commonly
accepted mode of encoding) or by a protected network, as are ESW (Egmont Secure Web)
and FIU-net.
Pursuant to Article 35, paragraph 3, of the Convention, the Republic of Slovenia declares
that it reserves the right to require that the requests and documents supporting such
requests, addressed to the central authority of the Republic of Slovenia are accompanied
by a translation into Slovenian or English language.
Pursuant to Article 42, paragraph 2, of the Convention, the Republic of Slovenia declares
that, without its prior consent, information or evidence provided by it under the
Chapter IV, may not be used or transmitted by the authorities of the requesting Party
in investigations or proceedings other than those specified in the request.
Pursuant to Article 53, paragraph 4a, of the Convention, the Republic of Slovenia
declares that it reserves the right not to apply Article 3, paragraph 4, of the Convention.
27-06-2016
Financial Intelligence Unit :
(Article 46, paragraph 13)
Ministry of Finance
Office for Money Laundering Prevention
[…]
Spain
26-03-2010
If this Convention were to be extended by the United Kingdom to Gibraltar, Spain would
like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under
the responsibility of the United Kingdom and which is subject to a decolonisation
process in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in a distribution and attribution
of competences performed by the United Kingdom in compliance with its internal legislation,
in its capacity as sovereign State on which the mentioned non-autonomous territory
depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the
application of this Convention will be understood as carried out exclusively as part
of the internal competences of Gibraltar and cannot be considered to modify in any
way what was established in the two previous paragraphs.
In accordance with Article 33, paragraph 2, of the Convention, Spain declares that
the central authority designated is the "Subdirección General de Cooperación Jurídica
Internacional" of the Ministry of Justice.
31-03-2017
(Article 46, paragraph 13)
Financial Intelligence Unit :
Servicio Ejecutivo de la Comisión de Prevención del Blanqueo de Capitales e infracciones
Monetarias (SEPBLAC)
Sweden
23-06-2014
Sweden reserves the right to apply Article 3.1 on confiscation, only in so far the
offence is punishable by deprivation of liberty for a maximum of more than one year
(Articles 3.2 and 53.1).
Sweden reserves the right not to apply Article 3.1 in respect of confiscation of the
proceeds from tax offences, in so far as such proceeds can be recovered within the
framework of taxation proceedings (Articles 3.2 and 53.1).
Sweden reserves the right not to apply Article 3.4 with regard to confiscation (Article
53.4.a).
Sweden reserves the right not to apply Article 31.2 b, as regards the serving of documents
(Article 53.1).
Sweden reserves the right to require that requests made to it and documents supporting
requests be made in Swedish, Danish, Norwegian or English or accompanied by a translation
into one of these languages (Articles 35.3 and 53.1).
Central authority for the serving of judicial documents (Article 31):
Address: County Administrative Board of Stockholm
The central authority for international service of documents
[…]
Central authority for matters other than the serving of judicial documents:
Address: Ministry of Justice
Division for Criminal Cases and International Judicial Co-operation
Central authority
[…]
Türkiye
02-05-2016
In accordance with Article 53, paragraph 4, of the Convention, the Republic of Turkey
declares that Article 3, paragraph 4, of the Convention shall not be applied.
In accordance with Article 53, paragraph 1, of the Convention, the Republic of Turkey
declares that Article 9, paragraph 4, of the Convention applies only to the offences
punishable by deprivation of liberty for a minimum of more than six months.
In accordance with Article 53, paragraph 2, the Republic of Turkey reserves the right
that Article 9, paragraph 6, shall apply only to offences defined in its domestic
law.
In accordance with Article 17, paragraph 5, of the Convention, the Republic of Turkey
declares that it shall apply Article 17 of the Convention only to the categories of
offences specified in the list contained in the appendix to the Convention.
In accordance with Article 53, paragraph 3, of the Convention, the Republic of Turkey
declares that it shall apply Article 17 and 19 of the Convention only to the categories
of offences specified in the list contained in the appendix to the Convention and
in conformity with the principles of the Turkish domestic law.
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Turkey
declares that Article 24, paragraph 2, of the Convention, applies only subject to
its constitutional principles and the basic concepts of its legal system.
In accordance with Article 53, paragraph 1, of the Convention, the Republic of Turkey
declares that judicial documents, mentioned in Article 31, paragraph 2, of the Convention,
shall be served only through the “Central Authority” on mutual assistance in criminal
matters.
In accordance with Article 33, paragraph 2, of the Convention, the Republic of Turkey
declares that the Ministry of Justice is designated as Central Authority within the
meaning of this article:
Ministry of Justice
[…]
In accordance with Article 35, paragraph 3, of the Convention, the Republic of Turkey
declares that, all requests and supporting documents must be accompanied by their
Turkish translations.
In accordance with Article 42, paragraph 2, of the Convention, the Republic of Turkey
declares that without its prior consent the information or evidence provided by it
under this Convention shall not be used or forwarded by the authorities of the requesting
Party in investigations or criminal proceedings other than those specified in the
request.
In accordance with Article 53, paragraph 2, of the Convention, the Republic of Turkey
reserves the right that Article 46, paragraph 5, of the Convention shall apply only
to cases which are in competence of the Ministry of Finance, Financial Crimes Investigation
Board (MASAK), in accordance with its domestic law.
In accordance with Article 46, paragraph 13, of the Convention, the Republic of Turkey
declares that the Ministry of Finance, Financial Crimes Investigation Board (MASAK),
is the Turkish FIU within the meaning of this article.
In accordance with Article 53, paragraph 2, of the Convention, the Republic of Turkey
reserves the right that Financial Crimes Investigation Board (MASAK) shall adopt the
measures defined in Article 47 as far as its domestic law permits.
Ukraine
02-02-2011
In accordance with Article 3, paragraph 2, of the Convention, Ukraine declares that
it will apply paragraph 1 of Article 3 of the Convention only to the offences which
are punishable by deprivation of liberty.
In accordance with Article 53, paragraph 4.a, of the Convention, Ukraine declares
that it will not apply paragraph 4 of Article 3 of the Convention.
In accordance with Article 9, paragraph 4, of the Convention, Ukraine declares that
it will apply paragraph 1 of Article 9 of the Convention only in so far as the predicate
offence is punishable by deprivation of liberty.
In accordance with Article 53, paragraph 2, of the Convention, Ukraine declares that
it will not apply paragraph 6 of Article 9 of the Convention.
In accordance with Article 17, paragraph 5, of the Convention, Ukraine declares that
it will apply Article 17 of the Convention only to the categories of offences specified
in the list contained in the appendix to the Convention.
In accordance with Article 24, paragraph 3, of the Convention, Ukraine declares that
it will apply paragraph 2 of Article 24 of the Convention only subject to the constitutional
principles of Ukraine and the basic concepts of its legal system.
In accordance with Article 31, paragraph 2, of the Convention, Ukraine declares that
it will not use in its territory the methods of sending judicial documents provided
for in paragraph 2 of Article 31 of the Convention.
In accordance with Article 35, paragraph 1, of the Convention, Ukraine agrees to accept
and execute requests, transmitted electronically or by any other means of communication,
provided that the requesting Party simultaneously shall send the original of such
requests by post or by courier. The information concerning the execution of requests
transmitted electronically or by any other means of communication, will be sent to
the requesting Party after the receipt of their original.
In accordance with Article 35, paragraph 3, of the Convention, Ukraine declares that
requests and documents supporting them shall be sent to Ukraine with a translation
into Ukrainian or into one of the official languages of the Council of Europe if they
are not made in these languages.
In accordance with Article 42, paragraph 2, of the Convention, Ukraine declares that,
without a prior consent of Ukraine, information or evidence provided by it under chapter
IV of the Convention may not be used or transmitted by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request.
In accordance with Article 53, paragraph 2, of the Convention, Ukraine declares that
it will apply paragraph 5 of Article 46 of the Convention, provided that the requesting
Party shall ensure the use of the received information exclusively for the purposes
of criminal proceeding in cases on legalization (laundering) of the proceeds from
crime or on the financing of terrorism.
In accordance with Article 53, paragraph 2, of the Convention, Ukraine declares that
it will apply paragraph 1 of Article 47 of the Convention subject to the national
legislation.
In accordance with Article 33, paragraph 2, of the Convention, Ukraine declares that
its central authorities, designated in pursuance of paragraph 1 of Article 33 of the
Convention, shall be the Ministry of Justice of Ukraine (concerning the execution
of judgments) and the General Prosecutor's Office of Ukraine (concerning legal proceedings
during the investigation of criminal cases).
In accordance with Article 46, paragraph 13, of the Convention, Ukraine declares that
the authority, empowered by Ukraine to execute the functions of a financial intelligence
unit within the meaning of Article 46 of the Convention, shall be the central authority
of executive power with the special status on issues of financial monitoring of Ukraine.
16-10-2015
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 Conventions, Protocols, 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 Conventions, Protocols, 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 order of the relevant communication is determined by
the central authorities of Ukraine in Kyiv.
Objection Russian Federation, 30-12-2021
Reaffirming its firm commitment to respect and fully comply with generally recognised
principles and rules of international law, the Russian Federation, with reference
to the declaration of Ukraine of 16 October 2015 regarding the Convention of 2005
[…] states the following.
The Russian Federation rejects the above-mentioned declaration of Ukraine and states
that it cannot be taken into consideration as it does not reflect the reality and
is based on a bad faith and incorrect presentation and interpretation of facts and
law.
The Russian Federation does not exercise effective control over "certain districts
of the Donetsk and Luhansk oblasts" and is not a party to the conflict in South-East
Ukraine.
The declaration of independence of the Republic of Crimea and its voluntary accession
to the Russian Federation are the result of a direct and free expression of will by
the people of Crimea in accordance with democratic principles, a legitimate form of
exercising their right to selfdetermination given an aided from abroad violent coup
d'Etat in Ukraine which caused rampant radical nationalist elements not hesitating
to use terror, intimidation and harassment against both its political opponents and
the population of entire regions of Ukraine.
The Russian Federation rejects any attempts to call into question an objective status
of the Republic of Crimea and the city of Sevastopol as constituent entities of the
Russian Federation, the territories of which are an integral part of the territory
of the Russian Federation under its full sovereignty. Thus, the Russian Federation
reaffirms that it fully complies with its international obligations under the Convention
in relation to this part of its territory.
11-07-2019
In accordance with Article 33, paragraph 2, of the Convention, Ukraine declares that its central authorities, designated in pursuance of Article 33, paragraph 1, of the Convention, shall be the Ministry of Justice of Ukraine (concerning the execution of judgments), the General Prosecutor’s Office of Ukraine (concerning legal proceedings during the investigation of criminal cases) and starting from 25 January 2015 the National Anti-corruption Bureau of Ukraine (within its competence at the pre-trial investigation of criminal offences, within its competence, see details at https://nabu.gov.ua/en/competence).
19-04-2022
The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.
07-12-2023
[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council
of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale
invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further
clarif[ies] that international treaties mentioned therein are 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 the
relevant treaties 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 located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
United Kingdom
27-04-2015
The Government of the United Kingdom of Great Britain and Northern Ireland ratifies
the Convention in respect of the United Kingdom of Great Britain and Northern Ireland
and of the Bailiwick of Jersey.
In respect to the United Kingdom of Great Britain and Northern Ireland:
In accordance with Article 53, paragraph 2, of the Convention, the United Kingdom
declares that Article 47 shall not be applied.
In accordance with Article 24, paragraph 3, of the Convention, the United Kingdom
declares that Article 24, paragraph 2, only applies subject to its constitutional
principles and the basic concepts of its legal system.
In accordance with Article 33, paragraph 2, of the Convention, the United Kingdom
declares that for the purpose of sending, answering requests and transmission of them
to the authorities competent for their execution, the central authority for the United
Kingdom is:
1. For the purposes of sending, answering and executing requests relating to England
& Wales and Northern Ireland, the central authority for criminal requests is the Home
Office.
United Kingdom Central Authority
Judicial Cooperation Unit
Home Office
Seacole Building
[…]
2. For the purposes of sending, answering and executing requests relating to England
& Wales and Northern Ireland, the central authority for non-conviction based confiscation
is the Home Office.
Criminal Finances
Strategic Centre for Organised Crime – Pursue
Office of the Security and Counter-Terrorism
Home Office
[…]
3. For the purposes of answering and executing requests relating to tax matters and
fiscal customs matters in England & Wales and Northern Ireland, the central authority
is HM Revenue & Customs (HMRC).
Mutual Legal Assistance
HMRC
[…]
4. For the purposes of sending, answering requests and transmission of them to the
authorities competent for their execution in Scotland, the central authority is the
Crown Office and Prosecutor Fiscal Service.
International Cooperation Unit
Crown Office
[…]
In accordance with Article 35, paragraph 3, of the Convention, the United Kingdom
declares that requests and documents supporting such requests must be accompanied
by a translation into the English language.
In accordance with Article 42, paragraph 2, of the Convention, the United Kingdom
declares that information and evidence provided by the United Kingdom under Chapter
IV may not, without its prior consent, be used or transmitted by the authorities of
the requesting Party in investigations or proceedings other than those specified in
the request.
In accordance with Article 46, paragraph 13, of the Convention, the United Kingdom
designates the National Crime Agency, […], as the Financial Intelligence Unit of the
United Kingdom.
In accordance with Article 53, paragraph 4, of the Convention, the United Kingdom
declares that it will apply Article 3, paragraph 4, as follows, in accordance with
the principles of domestic law. If a defendant has been convicted of an offence listed
in Schedule 2 to the Proceeds of Crime Act 2002 or has a stated pattern or history
of offending as set out in that legislation, they are deemed to have a “criminal lifestyle”,
and as such are subject to a confiscation regime which requires them to demonstrate
the legitimate origin of their property, or have it become liable to confiscation.
The court must assume that everything a defendant holds, and had held, in the last
six years, is the proceeds of crime and so must calculate the value of this property
into the amount set on the confiscation order. The court must not make such an assumption
however, if it is shown to be incorrect or there would be a serious risk of injustice.
In respect of the Bailiwick of Jersey:
In accordance with Article 53, paragraph 2, of the Convention, Jersey declares that
Article 47 shall not be applied.
In accordance with Article 3, paragraph 2, of the Convention, Jersey declares that
Article 3, paragraph 1, only applies in respect of offences in Jersey which are liable
to a term of one or more years of deprivation of liberty.
In accordance with Article 9, paragraph 4, of the Convention, Jersey declares that
Article 9, paragraph 1, only applies in respect of predicate offences in Jersey which
are liable to a term of one or more years of deprivation of liberty.
In accordance with Article 24, paragraph 3, of the Convention, Jersey declares that
Article 24, paragraph 2, only applies subject to its constitutional principles and
the basic concepts of its legal system.
In accordance with Article 31, paragraph 2, of the Convention, Jersey declares that
judicial documents should only be sent through its central authority which is:
Her Majesty’s Attorney General
Law Officers’ Department
[…]
In accordance with Article 33, paragraph 2, of the Convention, Jersey declares that
for the purposes of sending, answering requests and transmission of them to the authorities
competent for their execution, the central authority for Jersey is:
Her Majesty’s Attorney General
Law Officers’ Department
[…]
In accordance with Article 35, paragraph 3, of the Convention, Jersey declares that
requests and documents supporting such requests must be accompanied by a translation
into the English language.
In accordance with Article 42, paragraph 2, of the Convention, Jersey declares that
information and evidence provided by Jersey under Chapter IV may not, without its
prior consent, be used or transmitted by the authorities of the requesting Party in
investigations or proceedings other than those specified in the request.
In accordance with Article 46, paragraph 13, of the Convention, Jersey designates
the Joint Financial Crimes Unit, States of Jersey Police, Broadcasting House, […]
as the Financial Intelligence Unit of Jersey.
21-09-2023
In accordance with Article 51 of the Convention, the Government of the United Kingdom
of Great Britain and Northern Ireland extends the application of the United Kingdom’s
ratification of the Convention to the territory of the Isle of Man, for whose international
relations the United Kingdom of Great Britain and Northern Ireland is responsible,
subject to the reservations and declarations annexed to this letter.
In accordance with Article 53, paragraph 4, of the Convention, the Isle of Man declares
that it will apply Article 3, paragraph 4, as follows, in accordance with the principles
of domestic law. If a defendant has been convicted of an offence listed in Schedule
3 to the Proceeds of Crime Act 2008 or has a stated pattern or history of offending
as set out in that legislation, they are deemed to have a “criminal lifestyle”, and
as such are subject to a confiscation regime which requires them to demonstrate the
legitimate origin of their property, or have it become liable to confiscation. The
court must assume that everything a defendant holds, and had held, in the last six
years, is the proceeds of crime and so must calculate the value of this property into
the amount set on the confiscation order. The court must not make such an assumption,
however, if it is shown to be incorrect or there would be a serious risk of injustice.
In accordance with Article 53, paragraph 2, of the Convention, the Isle of Man declares
that Article 47 shall not be applied.
In accordance with Article 24, paragraph 3, of the Convention, the Isle of Man declares
that Article 24, paragraph 2, only applies subject to its constitutional principles
and the basic concepts of its legal system.
In accordance with Article 33, paragraph 2, of the Convention, the Isle of Man declares
that for the purposes of sending, answering requests and transmission of them to the
authorities competent for their execution, the central authority for the Isle of Man
is:
International Cooperation and Asset Recovery Team (ICART)
HM Attorney General
Attorney General’s Chambers
[…]
For the purposes of answering and executing requests relating to tax matters:
Income Tax Division
Treasury Department
[…]
In accordance with Article 35 paragraph 3, of the Convention, the Isle of Man declares
that requests and documents supporting such requests must be accompanied by a translation
into the English language.
In accordance with Article 42, paragraph 2, of the Convention, the Isle of Man declares
that information and evidence provided by the Isle of Man under Chapter IV may not,
without its prior consent, be used or transmitted by the authorities of the requesting
Party in investigations or proceedings other than those specified in the request.
In accordance with Article 46, paragraph 13, of the Convention, the Isle of Man designates:
Financial Intelligence Unit
[…]
as the Financial Intelligence Unit of the Isle of Man.