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Download XMLVerdrag van de Verenigde Naties tegen grensoverschrijdende georganiseerde misdaad
Partijen met voorbehouden, verklaringen en bezwaren
Algerije
07-10-2002
Reservation:
The Government of the People's Democratic Republic of Algeria does not consider itself
bound by the provisions of article 35, paragraph 2, of this Convention, which provide
that any dispute between two or more States concerning the interpretation or application
of this Convention that has not been settled by negotiation shall be submitted to
arbitration or to the International Court of Justice at the request of any of the
parties thereto.
The Government of the People's Democratic Republic of Algeria considers that no dispute
of such nature must be submitted to arbitration or to the International Court of Justice
without the consent of all the parties to the dispute.
Declaration:
The ratification of this Convention by the People's Democratic Republic of Algeria
does not in any way signify recognition of Israel.
The present ratification does not entail the establishment of relations of any kind
with Israel.
Andorra
22-09-2011
Declaration under article 35.2:
In accordance with paragraph 3 of Article 35 of the United Nations Convention against
Transnational Organized Crime, adopted in New York on 15 November 2000, the Principality
of
Andorra declares that it does not consider itself bound by the obligation described
in paragraph 2 of
Article 35, in the sense that in order to submit a controversy before the International
Court of Justice it
is necessary the consent of all parties involved.
Notifications:
1) In accordance with paragraph 13 of Article 18 of the United Nations Convention
against
Transnational Organized Crime, adopted in New York on 15 November 2000, the Government
of the
Principality of Andorra designates the following Central Authority with the responsibility
and power to
receive requests for mutual legal assistance and to execute them:
Ministry in charge of Interior
Government of the Principality of Andorra
Administrative Building ‘Obac’
Obac Street
AD 700 Escaldes-Engordany
Principality of Andorra
Tel.: + 376-872 080
Fax: +376-869 250
Although in case of emergency, all requests can be sent directly through INTERPOL
(International Criminal Police Organization).
2) In accordance with paragraph 14 of Article 18 of the United Nations Convention
against
Transnational Organized Crime, adopted in New York on 15 November 2000, the Government
of the
Principality of Andorra will accept all requests for legal assistance made in the
Catalan, French and
Spanish languages or that are accompanied by a translation in Catalan, French or Spanish
languages.
Argentinië
03-04-2007
The Argentine Republic objects to the extension of the territorial application to
the United Nations Convention against Transnational Organized Crime of 15 November
2000 with respect to the Malvinas Islands, which was notified by the United Kingdom
of Great Britain and Northern Ireland to the Depositary of the Convention on 11 January
2007.
The Argentine Republic reaffirms its sovereignty over the Malvinas Islands, the South
Georgia and South Sandwich Islands and the surrounding maritime spaces, which are
an integral part of its national territory, and recalls that the General Assembly
of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12,
39/6, 40/21, 41/40, 42/19 and 43/25, which recognize the existence of a dispute over
sovereignty and request the Governments of the Argentine Republic and the United Kingdom
of Great Britain and Northern Ireland to initiate negotiations with a view to finding
the means to resolve peacefully and definitively the pending problems between both
countries, including all aspects on the future of the Malvinas Islands, in accordance
with the Charter of the United Nations.
17-07-2007
The following central authority is designated by Argentina in accordance with article
18 (13) of the Convention:
International Legal Assistance Directorate
Directorate General for Legal Affairs
Ministry of Foreign Affairs, International Trade and Worship
Esmeralda 1212, Piso 4 (C.P. 1007)
Ciudad de Buenos Aires, República Argentina
Tel./Fax: (54-11) 4819-7170/7172/7231
e-mail: diaju@mrecic.gov.ar
16-05-2012
Article 16 (5) (Extradition):
Where a treaty exists, the requirements established therein should be met. If there
is no treaty governing extradition, the following requirements should be met:
When the requested person has been charged:
a) A clear description of the offence, with specific information on the date, place
and circumstances under which it was committed, and the identity of the victim;
b) The legal characterization of the offence;
c) An explanation of the basis for the competence of the courts of the requesting
State to try case, as well as the reasons for which the limitations period has not
expired.
d) Affidavit or certified copy of the court order for the detention of the accused,
with an explanation of the grounds on which the person is suspected of taking part
in the offence, and the court order for the delivery of the extradition request;
e) The text of the criminal and procedural provisions applicable to the case as they
relate to the
foregoing paragraphs;
f) All available information for the identification of the requested person, including
name, nicknames, nationality, date of birth, marital status, profession or occupation,
distinguishing marks, photographs and fingerprints, and any available information
on his domicile or whereabouts in Argentine territory.
In the event that the requested person has been convicted, in addition to the foregoing,
the following shall be added:
g) An affidavit or certified copy of the court decision of conviction;
h) Certification that the decision is not rendered in absentia and is final. If the
judgment rendered in absentia, assurances must be given that the case will be reopened
so that the convicted person may be heard and allowed to exercise the right of defence,
and that a new judgment will be issued accordingly;
i) Information on the length of the sentence remaining to be served;
j) An explanation of the reasons for which the sentence has not been completed.
Article 18 (13) and (14) (central authority and languages)
Ministerio de Relaciones Exteriores y Culto
Dirección de Asistencia Jurídica Internacional
Esmeralda 1212, piso 4
C1007ABR-Buenos Aires
Argentina
Phone: (54) 11 4819-7000/7385
Fax: (54) 11 4819-7353
E-mail: dajin@mrecic.gov.ar; cooperacion-penal@mrecic.gov.ar
Languages: Spanish
Office hours: 08.00-20.00
GMT: -3
Request by INTERPOL: yes (only for preventive detention requests prior to extradition).
Armenië
01-07-2003
Article 5
Pursuant to paragraph 3 of Article 5 of the United Nations Convention against Transnational
Organized Crime, adopted in New York on the 15th day of November 2000 (hereinafter
referred as to Convention) the Republic of Armenia declares that its Criminal Code
(chapter 7, in particular Article 41 of the Code) covers all serious crimes involving
organized criminal groups provided in paragraph 1 (a) (i) of Article 5 of the Convention.
Article 16
Pursuant to paragraph 5 of Article 16 of the Convention the Republic of Armenia declares
that it will take the Convention as the legal basis for cooperation on extradition
with other States Parties to the Convention.
However, at the same time the Republic of Armenia declares that it shall apply the
Convention in relations with the States Parties of the European Convention on Extradition,
done at Paris, on 13th day of December 1957, provided that the Convention supplements
and facilitates the application of the provisions of the European Convention on Extradition.
Article 18
Pursuant to paragraph 13 of Article 18 of the Convention the Republic of Armenia designates
the following central authorities to receive the requests for mutual legal assistance:
a) in respect of the cases of pretrial investigation phase:
- the General Prosecutor's Office of the Republic of Armenia
b) in respect of the cases of court proceedings phase or connected with the implementation
of the judgment:
- the Ministry of Justice of the Republic of Armenia.
Pursuant to paragraph 14 Article 18 of the Convention the Republic of Armenia declares
that the acceptable languages are Armenian, English or Russian.
26-03-2012
[...] updated data of the national competent authority designated under the United
Nations Convention against Transnational Organized Crime.
Name of Authority: Police of the Republic of Armenia
Full postal address: str. Nalbandyan 130, Yerevan 0025
Name of service to be contacted: International Cooperation Department
Name of person to be contacted: Ms. Armine Gevorgyan
Title: Police Lieutenant-Colonel, Senior Inspector for Special Tasks
Telephone: +374 10 561 237
Fax: +374 10 544 648
Email: armushgevorgyan@yahoo.com
Office Hours: 09:00 to 18:00
Lunch breaks: from 13:00 to 14:00
GMT: +4
Languages: English, Russian
Acceptance of requests through INTERPOL: Yes
Formats and channels accepted: Any, for police purposes only
Specific procedure in urgent cases: Depends on the case.
Australië
02-07-2004
Australia has the additional honour to note that, under article 5 (3) of the United
Nations Convention against Transnational Organised Crime, Australia is required to
inform the Secretary General of the United Nations if its law operates in a way that
is covered by the paragraph. In accordance with that obligation, the Permanent Mission
of Australia is pleased to advise that Australia's law does require an act of furtherance
of the Agreement for the conspiracy offence to be made out.
The Permanent Mission of Australia is also pleased to advise that the appropriate
Australian authority to contact for the purposes of articles 18 and 31 of the United
Nations Convention against Transnational Organised Crime is:
The Attorney-General's Department
(Assistant Secretary, International Crime Branch)
Robert Garran Offices
National Circuit
BARTON ACT 2602
AUSTRALIA
Australia further notes that Australia is not required to make a notification under
article 16 (5) of the United Nations Convention against Transnational Organised Crime
as Australian extradition law does not operate in the manner covered by this article.
Azerbeidzjan
30-10-2003
Declaration:
The Republic of Azerbaijan declares that it is unable to guarantee the application
of the provisions of the Convention in the territories occupied by the Republic of
Armenia until these territories are liberated from that occupation.
Reservation:
In accordance with paragraph 3 of Article 35 of the Convention, the Republic of Azerbaijan
declares that it does not consider itself bound by the provision of paragraph 2 of
Article 35.
In accordance with paragraph 5 of Article 16 of the Convention, the Republic of Azerbaijan
declares that it will use the Convention as the legal basis for cooperation on extradition
with other States-Parties to the Convention.
In accordance with paragraph 13 of Article 18 of the Convention, the Republic of Azerbaijan
declares that the Ministry of Justice of the Republic of Azerbaijan is designated
as the central authority that shall have the responsibility and power to receive requests
for mutual legal assistance and either to execute them or to transmit them to the
competent authorities for execution.
In accordance with paragraph 14 of Article 18 of the Convention, the Republic of Azerbaijan
declares that the requests and supporting documents should be submitted in Russian
or English as the UN official languages, and should be accompanied by a translation
in Azeri.
In accordance with paragraph 6 of Article 31 of the Convention, the Republic of Azerbaijan
declares that the following authority can assist other States Parties in developing
measures to prevent transnational organized crime:
Ministry of Internal Affairs of the Republic of Azerbaijan H. Hajiev st. 7, Baky,
Azerbaijan.
Bahama's
26-09-2008
In accordance with Article 16 paragraph 5 (a), the Commonwealth of The Bahamas declares
that it takes the Convention as the legal basis for cooperation on extradition on
the basis of reciprocity with those States Parties which likewise have accepted the
same.
With respect to States Parties with which extradition agreements have been signed,
the Convention shall apply whenever these agreements are incompatible with it.
The Commonwealth of The Bahamas further declares that the central authority designated
for the purpose of Article 18, paragraph 13 of the Convention is the Attorney-General's
Office and the language acceptable to The Bahamas for the purposes of Article 18,
paragraph 14 is English.
In accordance with Article 35 paragraph 3, the Commonwealth of The Bahamas enters
a specific reservation to the procedure established under Article 35 paragraph 2 of
the Convention on the basis that referral of a dispute concerning the application
or interpretation of the provisions of the Convention to arbitration or to the International
Court of Justice must be by consent of all the parties to the dispute.
Bahrein
07-06-2004
... the Kingdom of Bahrain does not consider itself bound by paragraph 2 of article 35 of the Convention.
Bangladesh
13-07-2011
In accordance with the provision in paragraph 3 of Article 35 of the Convention, the People's Republic of Bangladesh does not consider itself bound by paragraph 2 of the said Article.
Belarus
25-06-2003
The Republic of Belarus understands the implementation of the provisions of Article
10 of the Convention to the degree that will not contradict its national legislation.
The Republic of Belarus in accordance with Article 16 of the Convention will use the
Convention as a basis for cooperation on the issues of extradition with other states
- members of the Convention.
België
12-12-2000
The French, Flemish and German-speaking Communities and the Regions of Wallonia, Flanders and Brussels-Capital are also bound by this signature.
11-08-2004
In accordance with article 18, paragraph 13 of the Convention, the Federal Department of Justice, head office for legislation, fundamental rights and freedoms, 115 Boulevard de Waterloo, 1000 Brussels, has been designated as the central authority.
Belize
26-09-2003
The Government of Belize does not consider itself bound by the provisions of article
35, paragraph 2, of this Convention, which provide that any dispute between two or
more States concerning the interpretation or application of this Convention that has
not been settled by negotiation shall be submitted to arbitration or to the International
Court of Justice at the request of any of the parties thereto.
The Government of Belize] declares that it shall take this Convention as the legal
basis for cooperation on extradition with other States Parties to this Convention;
[The Government of Belize] further declares that the central authority designated
for the purpose of article 18, paragraph 13 of the aforesaid Convention is the Attorney-General's
Office and the language acceptable to Belize for the purposes of article 18, paragraph
14 is English.
Bhutan
20-02-2023
The Kingdom of Bhutan does not consider itself bound by Article 16, Section 4, [and] Article 35, Section 2, of the UN Convention Against Transnational Organized Crime…
Bolivia
18-05-2006
With respect to the definitions and characterizations set out in Articles 5, 6, 8
and 23 of the Convention, the Republic of Bolivia declares that it will first apply
its national legislation in force and, secondly, the provisions of the present Convention.
The Republic of Bolivia declares that it does not consider itself bound by the provisions
of paragraph 2 of Article 35, which deals with the settlement of disputes concerning
this Convention.
1. Pursuant to Article 16, paragraph 5, on the subject of extradition, the Republic
of Bolivia declares that it will be governed by its domestic laws, by the international
treaties signed bilaterally with various States, and, supplementarily, by the Convention.
2. Pursuant to Article 18, paragraph 13, of the Convention, it declares further that
the Ministry of Foreign Affairs and Worship is the central authority for the receipt
of requests for mutual legal assistance. The address of the Ministry is Plaza Murillo,
c. Ingavi esq. c. Junín, La Paz, Bolivia. Tel: (591) (2) 2408900 - 2409114. Fax: (591)
(2) 2408642. E-mail: mreuno@rree.gov.bo.
3. In addition, pursuant to Article 18, paragraph 14, of the Convention, it wishes
to advise that all requests should be submitted to the central authority in writing
and in the Spanish language.
Botswana
29-08-2002
The Government of the Republic of Botswana hereby notified the Secretary-General of
the United Nations that pursuant to:
a) paragraph 5 (a) of Article 16, the Government of the Republic of Botswana will
not take this Convention as the legal basis for cooperation on extradition with other
States Parties to this Convention;
b) paragraph 13 of Article 18, the Government of the Republic of Botswana designates
the Attorney General of the Republic of Botswana as the central authority that shall
have the responsibility and power to receive requests for mutual legal assistance
and either to execute them or to transmit them to the competent authorities for execution;
c) paragraph 14 of Article 18, English is the acceptable language to the Government
of the Republic of Botswana;
d) paragraph 6 of Article 31, the following authorities can assist other State Parties
in developing measures to prevent transnational organized crime:
i) The Commissioner of Police
Botswana Police Headquarter
Government Enclave
Private Bag 0012
Gaborone, Botswana
ii) The Attorney General of the Republic of Botswana
Attorney General's Chambers
Government Enclave
Private Bag 009
Gaborone, Botswana.
Brazilië
15-08-2005
... the Brazilian government has designated its Ministry of Justice as the central
authority for matters related to mutual legal assistance, in accordance with article
18, paragraph 13 of the United Nations Convention against Transnational Organized
Crime (Palermo Convention).
Any requests for international legal assistance under the Palermo Convention shall
be directed, in Portuguese or in English, to the following focal points:
*International legal assistance
Department of Asset Recovery and International Legal Cooperation (DRCI)
SCN-Block 1 - Building A - Office 101
Zip Code: 70711-900
Phone: 00.55.61.429.8900
Fax: 00.55.61.3281347
E-mail: drci-cgci@mj.gov.br
* Extradition and transference of convicted criminals
Department of Foreigners (DEEST)
Esplanade of Ministries - Ministry of Justice - Building T - Annex II
3rd Floor - Office 305
Zip Code: 70064-900
Phone: 00. 55. 61. 429 3325
Fax: 00. 55. 61. 429 9383
E-mail: deesti@mj.gov.br
Burkina Faso
15-05-2002
... the information below relates to the criminalization of an organized criminal
group and of certain offences provided for in the Convention, the extradition regime,
the central authority competent to receive and execute requests for mutual legal assistance,
and the acceptable language for submitting such requests to Burkina Faso.
I. Criminalization of an organized criminal group, and certain offences covered by
the Convention
In the positive law of Burkina Faso, the applicable Penal Code (Act 43/96/ADP of 13
November 1996) criminalizes an organized criminal group.
Article 222 of the Penal Code, which defines the crime of association of offenders,
stipulates that "any association or agreement of whatever duration or number of members,
formed or established for the purpose of committing crimes against persons or property,
shall constitute the crime of association of offenders, which exists by the sole fact
of the resolution to act decided by mutual consent".
Articles 223 and 224, which punish that offence, set the following penalties for offenders:
- Five to 10 years of imprisonment for any person belonging to the association or
agreement defined in article 222;
- Ten to 20 years of imprisonment for the leaders of such an association or agreement.
The Penal Code of Burkina Faso accordingly criminalizes the existence of an organized
criminal group as a separate offence, before the commission of any act that is the
subject of the agreement.
It should also be pointed out that the Penal Code allows for the extension of the
prosecution of members of an organized group to persons outside the group who have
participated in the commission of an offence by the group, as associates or accomplices
(arts. 64 and 65 of the Penal Code). Receiving, which is defined as the knowing possession
or enjoyment of proceeds of crime or of money laundered from drug trafficking by an
individual, is also a crime under articles 508 to 510 and article 446 of the Penal
Code.
With regard to corruption, whose criminalization has been recommended by the United
Nations Convention against Transnational Organized Crime, it should be noted that
the Penal Code of Burkina Faso, in articles 156 and 160, defines and imposes penalties
for the commission of such an offence.
Regarding the criminal liability of legal persons, the Penal Code allows for the establishment
of such liability, since article 64, paragraph 2, thereof provides that "any legal
person having a civil, commercial, industrial or financial purpose on whose behalf
or in whose interest the act of commission or omission that constitutes an offence
has been wilfully perpetrated by its organs shall also be considered an accomplice".
II. Extradition regime
Burkina Faso has signed agreements on mutual legal assistance, including extradition,
with France (an agreement on judicial cooperation, signed at Paris on 24 April 1961)
and Mali (a general convention on cooperation in judicial matters, signed at Ouagadougou
on 23 November 1963).
At the multilateral level, Burkina Faso has also signed several conventions on judicial
cooperation, including:
- The general convention on judicial cooperation, signed at Antananarivo on 12 September
1961 under the auspices of the former African and Malagasy Common Organization (OCAM);
- The convention on judicial cooperation among the States parties to the Accord on
Non-Aggression and Mutual Assistance in Defence (ANAD), adopted at Nouakchott on 21
April 1987;
- The convention A/P.1/7/92 of the Economic Community of West African States (ECOWAS)
on mutual legal assistance in criminal matters, adopted at Dakar on 29 July 1992;
- The extradition convention A/P.1/8/94 of ECOWAS, signed at Abuja on 6 August.
For countries bound to Burkina Faso by a cooperation agreement or convention, these
texts are applicable in their relations.
For countries not bound to Burkina Faso by an agreement or convention on judicial
cooperation, the text which applies in the case of a request for extradition is the
legislative act of 10 March 1927 on the extradition of foreigners. That law was promulgated
in former French West Africa (AOF) and made applicable to the former colonies by an
order dated 2 April 1927 (Official Journal of French West Africa, 1927, p. 297). It
remained in force in Burkina Faso after independence. Article 1 of the act provides
that, "in the absence of a treaty, the conditions, procedure and modalities of extradition
shall be determined by the provisions of the present law. The law shall also apply
to those issues not regulated by treaties".
What is clear from the reading of this article on the extradition law of Burkina Faso
is that the extradition of foreigners is not subordinated to the prior existence of
a treaty, since the law in question is designed to regulate cases where no treaty
exists or points on which existing treaties are silent.
In the case of a request for extradition, the same law subordinates the handing over
of the foreigner who is the subject of the request to the existence of legal proceedings
or a conviction for an offence under the law (art. 2).
With regard to offences for which extradition may be requested by foreign Governments,
the law makes a distinction between the case of persons being prosecuted and those
sentenced (art. 4). For persons being prosecuted, the law allows extradition for all
offences constituting crimes under the laws of the requesting State. Regarding offences
punishable by custodial sentences under the laws of the requesting State, the laws
of Burkina Faso require that the maximum sentence must be at least two years of imprisonment.
For sentenced offenders, the act dated 10 March 1927 requires that the sentence handed
down by the court in the requesting State must equal or exceed two months of imprisonment.
From these various clarifications, it may be said that the United Nations Convention
against Transnational Organized Crime alone cannot serve as the legal basis for the
offences it considers extraditable. It can certainly be affirmed, however, that the
domestic laws of Burkina Faso, and the agreements to which the country is signatory,
easily allow for extradition and are not at variance with the Convention.
III. Central authority competent to receive and execute requests for mutual legal
assistance
In Burkina Faso, the central authority competent to receive and execute requests for
mutual legal assistance is the Garde des sceaux, Minister of Justice. This principle
is enshrined in articles 9 and 10 of the act dated 10 March 1927 on extradition and
is applicable to any form of mutual legal assistance.
- Under article 9 of that act, requests for extradition should be addressed to the
Government of Burkina Faso through the diplomatic channel;
- Article 10 of the act stipulates that, "after documentary verification, the request
for extradition shall be transmitted, with the supporting documents, by the Minister
for Foreign Affairs to the Minister of Justice, who shall ensure that the request
is in order and shall take such action as is required under law";
- Thus, the principle is that the Minister for Foreign Affairs serves as the intermediary
for transmission of the request for mutual legal assistance sent through the diplomatic
channel, while the Minister of Justice is the authority empowered to receive and execute
the request.
It should be mentioned that agreements on judicial cooperation intended to simplify
procedures between the States parties, often provide for a waiver of this principle
by allowing for direct transmittal of the request for mutual legal assistance from
the competent judicial authority of the requesting State to that of the requested
State.
IV. Language acceptable for requesting mutual legal assistance
In accordance with the provisions of article 35, paragraph 1, of the Constitution,
the official language of Burkina Faso is French. For that reason, the language acceptable
for official documents addressed to the Government, including requests for mutual
legal assistance, is French.
Burundi
24-05-2012
... pursuant to article 16 (5) b), the Government of the Republic of Burundi does not consider this Convention as the legal basis for cooperation on extradition and therefore makes extradition conditional to the existence of a treaty and will seek, where appropriate, to conclude treaties on extradition with other States Parties in order to implement this article.
Canada
25-10-2013
Notification under Article 18(13):
International Assistance Group
Litigation Branch, Criminal Law Division
Department of Justice Canada
284 Wellington Street, 2nd Floor
Ottawa, ON, K1A 0H8
Telephone: + 011 44 613-957-4832
After hours number: + 011 44 613-851-7891
Fax: +011 44 613-957-8412
Email: cdncentralauthority@justice.gc.ca
16-01-2015
The Permanent Mission of Canada to the United Nations presents its compliments to
the Secretary-General of the United Nations and has the honour to refer to the Convention
against Transnational Organized Crime and the Secretary-General's communication of
6 January 2015, C.N.8.2015.TREATIES-XVIII.12, relating to that treaty. The Permanent
Mission of Canada notes that this communication was made pursuant to the Secretary-General's
capacity as Depositary for the Convention against Transnational Organized Crime. The
Permanent Mission of Canada notes the technical and administrative role of the Depositary,
and that it is for States Parties to a treaty, not the Depositary, to make their own
determination with respect to any legal issues raised by instruments circulated by
a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet
the criteria of a state under international law and is not recognized by Canada as
a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes
to note its position that in the context of the purported Palestinian accession to
the Convention against Transnational Organized Crime, 'Palestine' is not able to accede
to this convention, and that the Convention against Transnational Organized Crime
does not enter into force, or have an effect on Canada's treaty relations, with respect
to the 'State of Palestine'.
Chili
29-11-2004
The Republic of Chile, in accordance with paragraph 3 of article 5 of the United Nations
Convention against Transnational Organized Crime, hereby gives notification that under
the Chilean legal system involvement of an organized criminal group is required for
purposes of the offences established in accordance with paragraph 1(a)(i) of article
5.
Moreover, in accordance with paragraph 6 of article 31 of the Convention, it hereby
designates the Ministry of the Interior, with address at the Palacio de la Moneda,
Santiago, Chile, as the national authority that can assist other States parties in
developing measures to prevent transnational organized crime.
Furthermore, in accordance with paragraph 13 of article 18, it hereby designates the
Ministry of Foreign Affairs as the central authority for purposes of receiving requests
for mutual legal assistance, further specifying in accordance with paragraph 14 of
that article that for purposes of such requests the language acceptable to Chile is
Spanish.
China
23-09-2003
The People's Republic of China makes a reservation with regard to Article 35, paragraph
2 of the Convention and is not bound by the provisions of Article 35, paragraph 2.
...2. In accordance with the Basic Law of the Macao Special Administrative Region
of the People's Republic of China and after consultation with the Government of the
Macao Special Administrative Region (hereinafter as MSAR), the Government of the People's
Republic of China decides that the Convention shall apply to the MSAR and states for
the MSAR as follows:
(a) The identification of the offences established under paragraph 1 (a) (i) of Article
5 of the Convention requires involvement of an organized crime group in accordance
with the domestic law of the MSAR;
(b) In accordance with the provisions of Article 18, paragraph 13 of the Convention,
the MSAR designates the Secretary for Administration and Justice of the MSAR as the
Central Authority in the MSAR to receive the requests for legal assistance and to
transmit them to the competent authorities of the MSAR for execution;
(c) In accordance with the provisions of Article 18, paragraph 14 of the Convention,
requests for legal assistance will only be accepted by the MSAR in the Chinese or
Portuguese language.
29-03-2006
In accordance with the provisions of paragraph 13 of Article 18 of the United Nations
Convention against Transnational Organized Crime, the Ministry of Justice and the
Ministry of Public Security of the People's Republic of China are designated as the
central authorities that have the responsibility and power to receive requests for
legal assistance. The address of the Ministry of Justice is: 10 Chaoyangmen Nandajie,
Chaoyang District, Beijing, China, 100020; and the address of the Ministry of Public
Security is: 14 Dong Chang'anjie, Dongcheng District, Beijing, China, 100741.
In accordance with the provisions of paragraph 14 of Article 18 of the Convention,
Chinese is the only language acceptable to the People's Republic of China for the
written requests for legal assistance.
27-09-2006
In accordance with the provisions of paragraph 13 of Article 18 of the Convention and for the application of the Convention to the HKSAR, the HKSAR designates the Secretary for Justice of the Department of Justice of the HKSAR as the Central Authority. (Address: 47/F High Block, Queensway Government Offices, 66 Queensway, Hong Kong). In accordance with the provisions of paragraph 14 of Article 18 of the Convention, Chinese or English is the only language acceptable to the HKSAR for the written requests for legal assistance.
03-06-2008
1. Regarding paragraph 3 of Article 5 of the United Nations Convention against Transnational
Organized Crime, pursuant to the criminal law of China, a person commits a crime if
he/she participates in terrorist group(s) or in organization(s) in the nature of criminal
syndicate. Constitution of such crime doesn’t require that he/she commits a specific
criminal activity. With regard to participation in other organized crime, the specific
activity committed by the participant shall be considered as constitutive element
of crime concerned.
2. Regarding the question in paragraph 5 of Article 16 of the Convention that whether
States Parties make extradition conditional on the existence of extradition treaty
and take this Convention as the legal basis for cooperation on extradition, China
may carry out cooperation on extradition with other State on the basis of reciprocity
and doesn’t make extradition conditional on the existence of extradition treaty. Furthermore,
the Convention could be the legal basis for China to cooperate with other States Parties
on extradition.
3. Regarding paragraph 6 of Article 31 of the Convention, China has not yet specifically
designated the authority or authorities that can assist other States Parties in developing
measures to prevent transnational organized crime.
30-11-2012
1. The Ministry of Foreign Affairs of the People's Republic of China is designated
as the communication authority for cooperation on extradition for the purpose of Article
16 of the Convention.
Address: No. 2 Chao Yang Men Nan Da Jie, Chao Yang District, Beijing, China.
2. With regard to Hong Kong Special Administrative Region, the Secretary for Justice
of the Department of Justice of Hong Kong Special Administrative Region is designated
as the competent authority for cooperation on surrender of fugitive offenders for
the purpose of Article 16 of the Convention.
Address: 47/F High Block, Queensway Government Offices, 66 Queensway, Hong Kong.
3. With Regard to Macao Special Administrative Region, the Office of the Secretary
for Administration and Justice of Macao Special Administrative Region is designated
as the competent authority for cooperation on surrender of fugitive offenders for
the purpose of Article 16 of the Convention.
Address: Sede do Governo da RAEM, Avenida da Praia Grande, Macao.
Colombia
04-08-2004
In accordance with article 35, paragraph 3, of the Convention, Colombia declares that
it does not consider itself bound by paragraph 2 of that article.
Furthermore, in accordance with article 18, paragraph 13, Colombia gives notice that
the central authorities designated to receive requests for mutual legal assistance
and either to execute them or to transmit them to the competent authorities for execution,
and to formulate requests for legal assistance, shall be as follows:
(a) The Office of the Prosecutor-General, to receive and execute or transmit requests
for mutual legal assistance made by other States Parties, and to formulate requests
for legal assistance to other States Parties in the case of investigations being handled
by that Office.
Address: Diagonal 22B No. 52-01 Ciudad Salitre
Switchboard: 5702000-41449000
Electronic mail: contacto@fiscalia.gov.co
Bogotá D.C., Colombia
(b) The Ministry of the Interior and Justice, to formulate requests to other States
Parties for legal assistance in cases other than investigations being handled by the
Office of the Prosecutor-General.
Address: Avenida Jiménez No. 8-89
Switchboard: 5960500
Electronic mail: admin_web@mininteriorjusticia.gov.co
Bogotá D.C., Colombia
Finally, in accordance with article 18, paragraph 14, of the Convention, notice is
given that Spanish is the language acceptable to Colombia for requests for legal assistance.
Cookeilanden
04-03-2004
In accordance with the provisions of article 18, paragraph 13, of the United Nations
Convention against Transnational Organized Crime, the Government of the Cook Islands
declares that the Attorney General of the Cook Islands is designated by the Government
of the Cook Islands as the Central Authority that shall have the responsibility and
power to receive requests for mutual legal assistance.
And pursuant to article 18, paragraph 14, of the United Nations Convention against
Transnational Organized Crime, that the English language is designated by the Government
of the Cook Islands as the acceptable language in which to make requests for mutual
legal assistance.
Cuba
09-02-2007
Pursuant to article 5, paragraph 3, of the Convention, the Republic of Cuba reports
that its domestic law provides that involvement of an organized criminal group in
the offences established in accordance with paragraph 1 (a) (i) of this article is
an aggravating factor in such conduct.
With respect to the provisions of article 16, paragraph 5 of the Convention, concerning
its use as the legal basis for cooperation on extradition with States with which extradition
agreements have been signed, the Convention shall apply whenever these agreements
are incompatible with it.
With respect to article 18, paragraph 13, the central authority with the responsibility
to receive requests for mutual legal assistance and either to execute them or to transmit
them to the competent authorities for execution is the Ministry of Justice of the
Republic of Cuba.
Furthermore, requests for legal assistance must be submitted to the central authority
in Spanish pursuant to article 18, paragraph 14.
With respect to the provisions of article 35, paragraph 3, the Republic of Cuba declares
that it does not consider itself bound by paragraph 2 of this article, concerning
the settlement of disputes between two or more States parties.
Denemarken
30-09-2003
With a territorial exclusion in respect of the Faroe Islands and Greenland.
In accordance with Article 18 (13) of the Convention Denmark declares that the central
authority in Denmark competent to receive requests for mutual legal assistance is
the Ministry of Justice. The address is: Justitsministeriet, Det Internationale Kontor,
Slotsholmsgade 10, DK-1216 Copenhagen K, tel. +45 33 92 33 40, fax +45 33 93 35 10,
email: jm@jm.dk.
In accordance with Article 18 (14) of the Convention Denmark declares that it will
accept requests in the following languages: Danish, Swedish Norwegian, English, French
and German.
Duitsland
14-06-2006
With reference to Article 5, paragraph 3:
German domestic law requires the involvement of an organized criminal group for the
purposes of the offences established in accordance with Article 5, paragraph 1 (a)
(i).
Pursuant to the obligation under Article 18, paragraph 13:
Germany designates the
Bundesministerium der Justiz
[Federal Ministry of Justice]
Adenauerallee 99-103
D-53113 Bonn
Tel.: + 49 (0) 228 580
Fax: + 49 (0) 228 58 83 25
as the central authority authorized to receive requests for mutual legal assistance.
Pursuant to the obligation under Article 18, paragraph 14:
Requests for mutual legal assistance submitted to Germany must be written in the German
language or be accompanied by a translation into German.
Pursuant to the obligation under Article 31, paragraph 6:
Germany designates the
Bundeskriminalamt
[Federal Criminal Police Office]
65173 Wiesbaden
Tel.: + 49 (0) 611-55-0
Fax: + 49 (0) 611-55-12141
E-Mail: info@bka.de
as the authority responsible under Article 31, paragraph 6 of the Convention.
Ecuador
17-09-2002
For the purposes of the United Nations Convention against Transnational Organized
Crime, the Government of Ecuador designates the Office of the Public Prosecutor as
the central Ecuadorian authority [in accordance with article 18, paragraph 13].
Reservation:
With regard to article 10 of the United Nations Convention against Transnational Organized
Crime, the Government of Ecuador points out that the concept of criminal liability
of legal persons is not at the moment embodied in Ecuadorian legislation. When legislation
progresses in this area, this reservation will be withdrawn.
Exercising the powers referred to in article 35, paragraph 3, of the Convention, the
Government of Ecuador makes a reservation with regard to article 35, paragraph 2,
relating to the settlement of disputes.
Egypte
13-12-2000
The Arab Republic of Egypt declares that it does not consider itself bound by article
35, paragraph 2, thereof.
El Salvador
18-03-2004
The Government of the Republic of El Salvador recognizes the extradition of nationals
on the basis of article 28, second and third subparagraphs, of the Constitution of
the Republic, which states as follows: 'Extradition shall be governed by international
treaties and, where Salvadorans are involved, shall be in order only where a treaty
expressly so stipulates and has been approved by the legislative bodies of the signatory
countries. In any event, its stipulations shall embody the principle of reciprocity
and shall grant to all Salvadorans all of the penal and procedural guarantees that
are set forth in this Constitution.' 'Extradition shall be in order only where the
offence has been committed within the territorial jurisdiction of the requesting country,
except where offences of international reach are involved. Under no circumstances
may extradition be stipulated for political offences, even where common crimes are
the result of such offences,' advising further that the said Convention shall not
be considered to be the legal basis of cooperation on extradition in its relations
with other States parties thereto, and that it shall nonetheless endeavour, where
necessary, to conclude extradition treaties with other States parties to the Convention.
With regard to article 18, paragraphs 13 and 14, the Government of the Republic of
El Salvador states that the designated central authority is the Ministry of the Interior.
Communications shall be transmitted through the diplomatic channel, and the acceptable
language is Spanish.
With regard to article 35, paragraph 3, of the said Convention, the Government of
the Republic of El Salvador does not consider itself bound by paragraph 2 of the said
article because it does not recognize the compulsory jurisdiction of the International
Court of Justice.
Eritrea
25-09-2014
In accordance to paragraph 3 of Article 35 of this Convention, the State of Eritrea does not consider itself bound by paragraph 2 of Article 35 which stipulates that all disputes concerning the interpretation or application of the Convention shall be referred to the International Court of Justice by one of the parties.
Estland
10-02-2003
... the Riigikogu of the Republic of Estonia, while ratifying the Convention, made
the following declarations:
1) pursuant to Article 5 paragraph 3 of the Convention the Republic of Estonia declares
that under its legislation it considers the act provided in paragraph l(a)(i) of Article
5 as a crime;
2) pursuant to Article 16 paragraph 5 of the Convention the Republic of Estonia declares
that it will take this Convention as the legal basis for cooperation on extradition
with other States Parties to this Convention;
3) pursuant to Article 18 paragraph 13 of the Convention the Republic of Estonia designates
the Ministry of Justice as a central authority to receive the requests for mutual
legal assistance;
4) pursuant to Article 18 paragraph 14 of the Convention the Republic of Estonia declares
that the acceptable languages are Estonian and English.
Ethiopië
23-07-2007
Ethiopia is not bound by the obligation under article 35, paragraph 2 of the Convention.
EU (Europese Unie)
21-05-2004
Article 36 (3) of the United Nations Convention against transnational organised crime
provides that the instrument of ratification, acceptance or approval of a regional
economic integration organisation shall contain a declaration on the extent of its
competence.
1) The Community points out that it has competence with regard to progressively establishing
the internal market, comprising an area without internal frontiers in which the free
movement of goods and services is ensured in accordance with the provisions of the
Treaty establishing the European Community. For this purpose, the Community has adopted
measures to combat money laundering. They do, however, at present not include measures
concerning cooperation between Financial Intelligence Units, detection and monitoring
the movement of cash across the borders between the Member States or cooperation among
judicial and law enforcement authorities. The Community also has adopted measures
to ensure transparency and the equal access of all candidates for the public contracts
and services markets which contributes to preventing corruption. Where the Community
has adopted measures, it is for the Community alone to enter into external undertakings
with third States or competent international organisations which affect those measures
or alter their scope. This competence relates to Articles 7, 9 and 31 (2)(c) of the
Convention. Moreover, Community policy in the sphere of development cooperation complements
policies pursued by Member States and includes provisions to combat corruption. This
competency relates to Article 30 of the Convention. Moreover, the Community considers
itself bound by other provisions of the Convention to the extent that they are related
to the application of Articles 7, 9. 30 and 31 (2)(c). in particular the articles
concerning its purpose and definitions and its final provisions.
The scope and the exercise of Community competence are, by their nature, subject to
continuous development and the Community will complete or amend this declaration,
if necessary, in accordance with Article 36 of the Convention.
2) The United Nations Convcntion against transnational organised crime shall apply,
with regard to the competence of the Community, to the territories in which the Treaty
establishing the European Community is applied and under the conditions laid down
in that Treaty, in particular Article 299 thereof.
Pursuant to Article 299, this declaration is not applicable to the territories of
the Member States in which the said Treaty does not apply and is without prejudice
to such acts or positions as may be adopted under the Convention by the Member States
concerned on behalf of and in the interests of those territories.
With respect to Article 35, paragraph 2, the Community points out that, according
to Article 34, paragraph 1, of the Statute of the International Court of Justice,
only States may be parties before that Court. Therefore, under Article 35, paragraph
2, of the Convention, in disputes involving the community only dispute settlement
by way of arbitration will be available.
05-10-2022
This information concerns the modifications to the competences of the European Union
(‘EU’ or ‘Union’) with regard to matters governed by the United Nations Convention
against Transnational Organised Crime (UNTOC) and the Protocols thereto since the
entry into force of the Treaty of Lisbon.
With the entry into force of the Treaty of Lisbon, the powers of the European Union
that succeeded the European Community have changed. This change creates the legal
obligation to inform the depositary of the new competences and to specify the scope
and extent of the EC (now EU) competences, pursuant to Article 36(3) UNTOC, Article
21(3) of the Protocol against Migrant Smuggling, and Article 16(3) of the Protocol
against Trafficking in Persons. The information contained below supplements the information
contained in the notification of 8 March 2010 to the Secretary-General of the United
Nations, in his capacity as depositary of the UN conventions.
Notably, the UNTOC and its Protocols are mixed competence agreements. They contain
provisions that fall both within exclusive competence of the EU and within shared
competence jointly together with EU Member States.
The EU acquired new competences under Title V of the Treaty of the Functioning of
the European Union (Articles 82 and 83 TFEU). These new competences comprise important
aspects of judicial cooperation in criminal matters (including mutual recognition
of judicial decisions between EU Member States) and of police cooperation (Articles
87(2) and (3), and 89 TFEU). As regards substantive criminal law, competences under
Article 83(1) TFEU extend to particularly serious crime with a cross-border dimension,
including terrorism, trafficking in human beings and sexual exploitation of women
and children, illicit drug trafficking, illicit arms trafficking, money laundering,
corruption, counterfeiting of means of payment, computer crime and organised crime.
The EU has exercised its competence by legislating in most of these policy areas,
but also other policy areas that are relevant to the Convention and its Protocols,
including in relation to smuggling of migrants, environmental crimes and the freezing
and confiscation of assets. Furthermore, the EU has established bodies responsible
for investigating, prosecuting crimes against the Union’s financial interests.
The Union notes that it has also competence to counter fraud and any other illegal
activities affecting the financial interests of the Union (Article 325 of the Treaty
on the Functioning of the European Union, and in relation to criminal matters, Article
83(2) TFEU), including in questions relating to anti-corruption. It has exercised
its competence in this area, notably with the establishment of the European Anti-Fraud
Office, and the adoption of detailed rules on aspects of the fight against illegal
activities affecting the financial interests of the Union.
The Union has also acquired the competence to establish the European Public Prosecutor’s
Office (EPPO) (Article 86 TFEU). Established with Regulation (EU) 2017/1939, the EPPO
is competent to investigate, prosecute and bring to judgment the perpetrators of,
and accomplices to, criminal offences affecting the Union’s financial interests, notably
money laundering involving property derived from such offences, fraud affecting the
Union’s financial interests, corruption that damages or is likely to damage the Union’s
financial interests, and misappropriation that damages such interests. The EPPO is
also competent for offences regarding participation in a criminal organisation as
defined in Framework Decision 2008/841/JHA, as implemented in national law, if the
focus of the criminal activity of such a criminal organisation is to commit any of
the above-mentioned offences affecting the Union’s financial interests.
In the areas mentioned above, it is for the Union alone to enter into international
agreements with other countries or competent international organisations if such undertakings
were to affect common rules or alter their scope. In the sphere of development cooperation,
the European Union has competence to carry out activities and conduct a common policy.
This includes support to partner countries in the ratification and implementation
of the United Nations Convention against Transnational Organised Crime (UNTOC) and
the use of provisions to combat cross-border crime in agreements with partner countries.
The exercise of this competence shall not prevent Member States from exercising their
competences. The Union’s development cooperation policy and that of the Member States
complement and reinforce each other.
Fiji
19-09-2017
Fiji reserves waiving its sovereign rights and declares that it does not consider itself bound by the provisions of paragraph 2 of article 35.
Finland
10-02-2004
Pursuant to Article 18 (13), the Republic of Finland declares that the Ministry of
Justice is the central authority competent to receive, execute or transmit requests
for mutual legal assistance.
Pursuant to Article 18 (14), the Republic of Finland declares that Finland accepts
documents which are in Finnish, Swedish, Danish, English, French or German laguages.
Griekenland
11-01-2011
Article 16 of the Convention is ratified in its entirety, without prejudice to Article
5 of the Constitution and Article 438 of the Code of Criminal Procedure.
Article 18 of the Convention is ratified without prejudice to Article 458(3) of the
Code of Criminal Procedure and the provisions of Law 2472/1997 (Government Gazette
50A) 'Protection of Individuals with regard to the Processing of Personal Data', as
currently in force.
The Greek State makes use of Article 35(3) and declares that it is not bound by para.
2 of this article.
Guatemala
02-07-2007
The Government of the Republic of Guatemala, in accordance with the provisions of article 18 (13) of the said Convention, designates the judiciary and the Public Prosecutor's Office as the central authorities for the receipt of requests for mutual legal assistance, with the power either to execute them or to transmit them to the competent authorities for execution.
Heilige Stoel
25-01-2012
Pursuant to article 35.3 of the Convention, the Holy See, acting also in the name
and on behalf of Vatican City State, declares that it does not consider itself bound
by article 35.2 of the Convention. The Holy See, acting also in the name and on behalf
of Vatican City State, specifically reserves the right to agree in a particular case,
on an ad hoc basis, to any convenient means to settle any dispute arising out of this
Convention.
By acceding to the United Nations Convention against Transnational Organized Crime,
the Holy See, acting also in the name and on behalf of Vatican City State, intends
to contribute and to give its moral support to the global prevention, repression and
prosecution of transnational organized crime and to the protection of victims of such
crimes.
In conformity with its own nature, its mission, and the particular character of Vatican
City State, the Holy See upholds the values of brotherhood, justice and peace between
persons and peoples, whose protection and strengthening require the primacy of the
rule of law and respect for human rights, and it reaffirms that instruments of criminal
and judicial cooperation constitute effective safeguards in the face of criminal activities
that jeopardize human dignity and peace.
In respect to article 10 of the Convention, the Holy See notes that, due to the particular
nature of the Holy See and of Vatican City State, the concept of criminal liability
of legal persons is not embodied in their domestic legal principles.
The Holy See declares that articles 16.14 and 18.21 of the Convention shall be interpreted
in light of its legal doctrine and the sources of its law (Vatican City State Law
LXXI, of 1 October 2008).
Pursuant to article 16.5 of the Convention, the Holy See declares that it takes the
Convention as the legal basis for cooperation on extradition with other Parties to
the Convention, subject to the limitations to the extradition of persons provided
for by its domestic law.
Ierland
17-06-2010
... Ireland [notifies], in accordance with article 18 (13) of the Convention, that
the Central Authority competent and with the responsibility and power to receive requests
for mutual legal assistance on behalf of Ireland shall be:
The Minister of Justice and Law Reform
Central Authority for Mutual Assistance
Department of Justice and Law Reform
51 St Stephans Green
Dublin 2
Ireland
Email: mutual@justice.ie.
... Ireland [notifies], in accordance with Article 18 (14) of the Convention, that
Ireland will accept requests for mutual legal assistance in either of the following
two languages:
English
Irish.
IJsland
13-05-2010
In accordance with Article 18, paragraph 13, of the United Nations Convention against Transnational Organized Crime of 15 November 2000, Iceland hereby designates the Ministry of Justice and Human Rights as the central authority which shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. Iceland further declares, in accordance with Article 18, paragraph 14, that requests shall be made in Icelandic or English.
01-03-2012
Notifications under Articles 16 and 18
Ministry of the Interior
Sölvhólsgötu 7
150 Reykjavík
Iceland
Phone: (354) 545-9000
Fax: (354) 552-7340
Email: postur@irr.is
Languages: English, Icelandic
Office hours: 08:30-16:00
GMT: 0
Request by INTERPOL: No.
India
05-05-2011
(i) The Government of India does not consider itself bound by the provisions of the
Convention and its Protocols relating to submission of disputes for arbitration or
to the International Court of Justice.
(ii) In pursuance of Article 16, paragraph 5(a) of the Convention, the Government
of India shall apply the Convention as the legal basis for cooperation on extradition
with other States Parties to the Convention.
(iii) The Government of the Republic of India declares, with respect to Article 18
of the Convention, that international cooperation for mutual legal assistance shall
be afforded through applicable bilateral Agreements, and where the mutual legal assistance
sought is not covered by a bilateral agreement with the requesting State, it shall
on reciprocal basis, be provided under the provisions of the Convention.
(iv) In pursuance of Article 18, paragraph 13 of the Convention, the designated Central
Authority would be the Secretary, Ministry of Home Affairs, Government of India.
(v) The Government of India declares that acceptable languages for the purpose of
the Convention and its Protocols shall be English and/or Hindi.
Indonesië
20-04-2009
....the Government of the Republic of Indonesia conveys her reservation not to be bound by the provision of Article 35 (2) and takes the position that dispute[s] relating to the interpretation and application of the Convention which have not been settled through the channel provided for in Paragraph (1) of the said Article, may be referred to the International Court of Justice only with the [consent] of all Parties to the dispute.
24-09-2013
1. On behalf of the Government of the Republic of Indonesia, I have the honor to convey
the contact information of the competent authority authorized to receive, respond
to and process requests for extradition and mutual legal assistance in criminal matters
as follows:
Ministry of Law and Human Rights
Cahyo Rahadian Muzhar, S.H., LL.M., Director
Directorate of International Law and Central Authority
Directorate General of Legal Administrative Affairs
Jl. H.R. Rasuna SaidKav. 6-7 o
Kuningan, Jakarta, 12940 Indonesia
Phone : (+62) 21 522-1619
Fax: : (+62) 21 522-1619/(+62) 21 529-63996
E-Mail : cr.muzhar@gmail.com
Website : www.kemenkumham.go.id
2. The former official Dr. Chairijah has retired from her position as per 1 September
2012.
Irak
24-05-2010
... in order to carry out [the] Republic of Iraq commitments under the Convention, the relevant Iraqi authorities have designated the Ministry of the Interior of Iraq as the central authority with responsibility and power to receive requests for mutual legal assistance and to take action in accordance with articles 16 and 17 of the Convention and Article 8 of the Protocol against the Smuggling of Migrants by Land, Sea and Air.
Israël
27-12-2006
Declaration Regarding Article 18(13)
The Minister of Justice is the competent authority under Israeli law to receive requests
for legal assistance, an authority which is permitted to delegate. Pursuant to such
designation, requests for mutual assistance in criminal cases should be addressed
to the Israel Directorate of Courts in the Ministry of Justice, 22 Kanfei Nesharim
St. Jerusalem, 95464, copied to the Diplomatic and Civil Law Department in the Ministry
of Foreign Affairs, 9 Rabin Ave., Jerusalem.
Declaration Regarding Article 18(14)
Requests for legal assistance must be submitted either in Hebrew or in English.
Declaration Regarding Article 31 (6)
The authority qualified to assist other countries Parties to the Convention in developing
means for the prevention of Transnational Organized Crime is the Special Operations
Division of the Israeli Police.
Declaration Regarding Article 35(2)
In accordance with Article 35 paragraph 3 of the Convention the State of Israel declares
that it does not
consider itself bound by Article 35 paragraph 2, which stipulates that all disputes
concerning the
interpretation or application of the Convention shall be referred to the International
Court of Justice.
16-01-2015
The Permanent Mission of Israel to the United Nations presents its compliments to
the Secretary-General of the United Nations, in his capacity as depositary to the
United Nations Convention Against Transnational Organized Crime, and refers to the
communication by the depositary, dated 6 January 2015, regarding the Palestinian request
to accede to this Convention (Reference number C.N.8.2015.TREATIES-XVIII.12).
'Palestine' does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid convention both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize 'Palestine' as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider 'Palestine'
a party to the Convention and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel's treaty relations under the
Convention.
Ivoorkust
25-10-2012
Pursuant to article 5, paragraph 1(a)(i):
The State of Côte d'Ivoire does not require involvement of an organized criminal group
or an act in furtherance of the agreement for purposes of the offences established
in accordance with paragraph 1(a)(i) of article 5.
Pursuant to article 16, paragraph 5:
The Government of the Republic of Côte d'Ivoire takes the United Nations Convention
against Transnational Organized Crime as the legal basis for cooperation on extradition
with other States parties to the Convention, in addition to existing bilateral and
multilateral treaties, conventions and agreements.
Pursuant to article 18, paragraph 13:
The central authority designated to receive and execute requests for mutual legal
assistance is the Department of Civil and Criminal Affairs (DACP) of the Ministry
of Justice, located at the Chancellerie, Bloc Ministériel, BP V 107 Abidjan, Côte
d'Ivoire.
Jemen
08-02-2010
Reservation :
[The Government of the Republic of Yemen declares that they] ... fully approve and
ratify the above-mentioned Convention and are bound by all its provisions, with the
exception of article 35, paragraph 2.
Notifications :
1. The Republic of Yemen does not take this Convention as the legal basis for cooperation
with other States Parties to the Convention on the extradition of criminals pursuant
to article 16 concerning extradition, because extradition is governed by treaties
that regulate cooperation in that field with the States Parties to the Convention.
In accordance with article 16, paragraph 5 (a) we are therefore informing you to that
effect.
2. In accordance with article 18, paragraphs 13 and 14, the Republic of Yemen stipulates
as follows:
(a) Requests for mutual legal assistance or any communications related thereto shall
be submitted through the diplomatic channels, which will transmit them to the relevant
central authorities.
(b) Requests for mutual legal assistance shall be submitted in writing, in the Arabic
language.
Jordanië
26-11-2002
The Hashemite Kingdom of Jordan declares its intention not to be bound by the provisions of article 35, Paragraph (2) of the United Nations Convention against Transnational Organized Crime.
Kirgizië
28-03-2011
The Office of the Prosecutor-General of the Kyrgyz Republic is the central authority
with the
responsibility and power to receive requests for mutual legal assistance and either
to execute them or to
transmit them to the competent authorities for execution.
Kiribati
15-09-2005
... pursuant to article 18 (13) of the Convention that the Attorney-General of Kiribati
is designated by the Republic of Kiribati as the Central Authority who shall have
the responsibility and power to receive requests for mutual legal assistance; and
... pursuant to Article 18 (14) of the Convention that English is designated by the
Republic of Kiribati as the acceptable language in which to make requests for mutual
legal assistance.
Laos
26-09-2003
1. In accordance with paragraph 5(a), Article 16 of the United Nations Convention
Against Transnational Organized Crime, the Lao People's Democratic Republic does not
take this Convention as the legal basic for cooperation on extradition with other
States Parties to this Convention.
2. In accordance with paragraph 13, Article 18, the Government of the Lao People's
Democratic Republic designates the Ministry of Public Security as central authority
and the Ministry of Foreign Affairs as alternate central authority that have the responsibility
and power to receive requests for mutual legal assistance and either to execute them
or to transmit them to the competent authorities for execution.
3. In accordance with paragraph 14, Article 18, in addition to the Lao language, English
is acceptable to the Government of the Lao People's Democratic Republic.
4. In accordance with paragraph 3, Article 35 of the United Nations Convention Against
Transnational Organized Crime, the Lao People's Democratic Republic does not consider
itself bound by paragraph 2, Article 35 of the present Convention. The Lao People's
Democratic Republic declares that to refer a dispute relating to interpretation and
application of the present Convention to arbitration or the International Court of
Justice, the agreement of all parties concerned in the dispute is necessary.
Lesotho
24-09-2003
1. The legal system pertaining in the Kingdom of Lesotho requires involvement of an
organized criminal groups for purposes of the offences established in accordance with
article 5 (1) (a) (i), and further requires an act in furtherance of an agreement
for purposes of the offences established in accordance with article 5 (1) (a) (i)
of the Convention.
2. In response to article 16 (5) of the Convention, in Lesotho, extradition is conditional
on the existence of a treaty.
3. In response to article 18 (13) of the Convention, in Lesotho the office of the
Attorney-General shall be the designated central authority with the responsibility
and power to receive requests for mutual legal assistance.
4. In response to article 18 (14) of the Convention, the English language is acceptable
for purposes of requests for mutual legal assistance.
Letland
07-12-2001
In accordance with paragraph 3 of Article 5 of the United Nations Convention against
Transnational Organized Crime, adopted at New York on the 15th day of November 2000,
the Republic of Latvia declares that its domestic law requires an act in furtherance
of the agreement for purposes of the offences established in accordance with paragraph
1 (a) (i) of Article 5.
In accordance with paragraph 5 of Article 16 of the United Nations Convention against
Transnational Organized Crime, adopted at New York on the 15th day of November 2000,
the Republic of Latvia declares that it takes the Convention as the legal basis for
cooperation on extradition with other States Parties to the Convention.
In accordance with paragraph 13 of Article 18 of the United Nations Convention against
Transnational Organized Crime, adopted at New York on the 15th day of November 2000,
the Republic of Latvia declares that the designated authorities are:
1) Prosecutor General's Office - during a pre-trial investigation
O. Kalpaka blvd. 6, Riga, LV-1801, Latvia
Phone: +371 704 4400
Fax: +371 704 4449
E-mail: gen@lrp.gov.lv
2) Ministry of Justice - during a trial.
Brivibas blvd. 36, Riga, LV- 1536, Latvia
Phone: +371 703 6801, 703 6716
Fax: +371 721 0823, 728 5575
E-mail: tm.kanceleja@tm.gov.lv
In accordance with paragraph 14 of Article 18 of the United Nations Convention against
Transnational Organized Crime, adopted at New York on the 15th day of November 2000,
the Republic of Latvia declares that the acceptable language is English or Latvian.
Liechtenstein
29-03-2012
Notification under Article 18(13)
Name of Authority: Ministry of Justice
Full postal address: Haus Risch, Äulestrasse 51, Postfach 684, FL-9490 Vaduz
Name of service to be contacted: Ministry of Justice
Name of person to be contacted: Mr. Harald Oberdorfer
Telephone: 00423/236-6590
Fax: 00423/236-7581
Email: harald.oberdorfer@regierung.li
Office Hours: 08:30 to 16:30
Lunch breaks: from 11:30 to 13:00
GMT: +/- 1
Languages: English, German
Acceptance of requests through INTERPOL: Yes
Information needed for requests to be executed: Letter rogatory (criminal proceedings
pending, summary of facts, requested assistance, legal provisions)
Formats and channels accepted: Fax and transmission through Interpol accepted.
22-10-2013
Notification under Article 18(13):
Mag. Harald Oberdorfer
Legal Officer
Office of Justice
Judicial Affairs Division
P.O. Box 684
9490 Vaduz
Principality of Liechtenstein
Phone: +423 236 65 90
Fax: +423 236 75 81
E-Mail: harald.oberdorfer@llv.li
Languages: German, English
Office hours: 08:00-11:30, 13:30-17:00
GMT: +1
Request by Interpol: yes
Litouwen
09-05-2002
... according to paragraph 6 of Article 13 of the Convention, the Seimas of the Republic
of Lithuania declares that the Republic of Lithuania shall consider the Convention
the necessary and sufficient treaty basis for the taking of the measures referred
to in paragraphs 1 and 2 of Article 13 of this Convention;
... pursuant to paragraph 5 (a) of Article 16 of the Convention, the Seimas of the
Republic of Lithuania declares that the Republic of Lithuania shall consider this
Convention a legal basis for cooperation on extradition with other States Parties
to the Convention; however, the Republic of Lithuania in no case shall consider the
Convention a legal basis for the extradition of Lithuanian nationals, as it is stipulated
in the Constitution of the Republic of Lithuania.
... pursuant to paragraph 13 of Article 18 of the Convention, the Seimas of the Republic
of Lithuania declares that the Ministry of Justice of the Republic of Lithuania and
the Prosecutor General's Office under the Supreme Court of the Republic of Lithuania
shall be designated as central authorities to receive requests for mutual legal assistance;
... pursuant to paragraph 14 of Article 18 of the Convention, the Seimas of the Republic
of Lithuania declares that requests for legal assistance and documents pertaining
thereto, which shall be submitted to the Republic of Lithuania, should be accompanied
by respective translations into English, Russian or Lithuanian, in case the aforementioned
documents are not in one of these languages;
... pursuant to paragraph 3 of Article 35 of the Convention, the Seimas of the Republic
of Lithuania declares that the Republic of Lithuania shall not consider itself bound
by the provisions of paragraph 2 of Article 35, stipulating that any disputes concerning
the interpretation or application of the Convention shall be referred to the International
Court of Justice.
06-09-2014
The Competent National Authorities for the implementation of the Article 16 (Extradition)
and 18 (Mutual Legal Assistance) are as follows:
"Name of Authority: Prosecutor General's Office of the Republic of Lithuania
Full postal address: Rinktines Str. 5A, LT-01515, Vilnius, Lithuania
Name of service to be contacted: Department for Criminal Prosecution
Name of person to be contacted: Mr. Tomas Krušna
Title: Deputy Chief Prosecutor
Telephone: (+370) 5 266 23 60
Fax: (+370) 5 266 24 57
Email: tomas.krusna@prokuraturos.lt
Website: http://www.prokuraturos.lt
Office hours: 8:00 - 17:00 lunch breaks from 12:00 to 12:45
Acceptance of requests by INTERPOL: Yes
Timezone: GMT+3 (Etc/GMT-3)
Languages English, Lithuanian or Russian
Information/documents needed for requests to be executed: As prescribed in Art. 18,
para.15 of the UN Convention against Transnational Organized Crime
Extradition: Decision on the arrest or judgment imposing custodial sentence. Accurate
description of the offence. Legal classification of the offence and statement of relevant
applicable law. Information about extraditable person.
Formats and channels accepted: Post, fax, via Interpol. The request by email can
be sent only if its authenticity (proved by a signature of competent officer and seal
of its office) is preserved."
Luxemburg
12-05-2008
- Notification concerning article 5, paragraph 3:
Luxembourg's domestic law requires involvement of an organized criminal group for
purposes of the offences established in accordance with article 5, paragraph 1 (a)
(i).
- Notification concerning article 18, paragraph 13:
The following authority has been designated as the central authority that shall have
the responsibility and power to receive requests for mutual legal assistance addressed
to the Grand Duchy of Luxembourg:
Office of the Public Prosecutor
Boîte Postale 15
L-2010 Luxembourg
Tel.: (352) 47 59 81-336
Fax: (352) 47 05 50
- Notification concerning article 18, paragraph 14:
Requests for mutual legal assistance and related documents addressed to the Grand
Duchy of Luxembourg must be accompanied by a translation into either French, German
or English.
Malawi
17-03-2005
The Government of the Republic of Malawi is currently in the process of reviewing
its domestic legislation with the aim of incorporating obligations assumed on, ratification
of this convention, specifically, offences stipulated in consonant with Article 5
(1) and (2).
The Government also undertakes to notify, the Secretary-General of the United Nations
once the enabling legislation has been prepared and passed perforce Article 5 (3).
Further, the Government regards this convention as the legal basis for matters relating
to extradition, on the basis of reciprocity with those States Parties which likewise
have accepted the same.
Further informs consistent with Article 18 (13) that the Competent Authority for the
administration of this convention is the Ministry responsible for Home Affairs and
Internal Security whose address is given below;
The Principal Secretary
Ministry of Home Affairs and Internal Security
P/Bag 331
Capital Hill,
Lilongwe 3. Malawi.
The Preferred language for Official Communications perforce Article 18 (14) is English
language.
Maleisië
24-09-2004
(a) Pursuant to Article 35, paragraph 3 of the Convention, the Government of Malaysia
declares that it does not consider itself bound by Article 35, paragraph 2 of the
Convention, and
(b) the Government of Malaysia reserves the right specifically to agree in a particular
case to follow the arbitration procedure set forth in Article 35, paragraph 2 of the
Convention or any other procedure for arbitration.
1. Pursuant to Article 16, paragraph 5 (a) of the Convention, the Government of Malaysia
declares that it does not take the Convention as the legal basis for cooperation on
extradition with other States Parties to the Convention. The Government of Malaysia
declares that it will render cooperation on extradition on the legal basis provided
under the Extradition Act 1992 of Malaysia.
2. Pursuant to Article 18, paragraph 13 of the Convention, the Government of Malaysia
designates the Attorney General of Malaysia as the central authority.
3. In accordance with Article 18, paragraph 14 of the Convention, the Government of
Malaysia declares that requests and attachments thereto addressed to the central authority
of Malaysia should be in the English language or a translation into the English language
should be attached thereto.
4. Pursuant to Article 31, paragraph 6 of the Convention, the Government of Malaysia
notifies that the authorities that can assist other States Parties in developing measures
to prevent transnational organized crime are -
a) Ministry of Internal Security;
b) Ministry of Home Affairs;
c) Attorney General's Chambers;
d) Royal Malaysian Police;
e) Anti-Corruption Agency;
f) Central Bank of Malaysia;
g) Immigration Department;
h) National Drugs Agency.
Malta
11-12-2003
... the Government of Malta wishes to enter the following declarations:
Article 16, paragraph 5 (a)
Pursuant to Article 16, paragraph 5 of the Convention, Malta declares that it will
take the United Nations Convention against Transnational Organized Crime as the legal
basis for co-operation on extradition with other States Parties to the Convention.
Article 18, paragraph 13
Pursuant to Article 18, paragraph 13 of the Convention Malta designates the Attorney
General of Malta as the central authority to receive requests for mutual assistance.
Article 18, paragraph 14
Pursuant to Article 18, paragraph 14 of the Convention, Malta declares that the acceptable
languages are Maltese and English.
Mauritius
21-04-2003
The Government of the Republic of Mauritius shall take this Convention as the legal
basis for cooperation on extradition with other States Parties to this Convention;
and further declares that the central authority designated for the purpose of article
[18], paragraph 13 of the aforesaid Convention is the Attorney-General's Office and
the languages acceptable to the Republic of Mauritius for the purposes of article
[18], paragraph 14 are English and French.
Mexico
04-03-2003
Article 5 (3) - The United Mexican States wishes to state that in criminalizing the
offences defined in accordance with article 5, paragraph 1 (a) (i), the domestic law
of the Mexican State covers all serious crimes involving the participation of an organized
criminal group. The criminalization of an agreement with one or more other persons
to commit a serious crime for a purpose relating directly or indirectly to the obtaining
of a financial or other material benefit involves the participation of an organized
criminal group in the offence of organized crime provided for in article 2 of the
Federal Act to Combat Organized Crime, insofar as it is relevant to the crimes to
which the said article refers. The offence of criminal association, provided for in
article 164 of the Federal Criminal Code, is applicable insofar as it is relevant
to the other serious crimes to which the Convention refers.
Article 16, paragraph 5 (a) - The Mexican State shall consider the Convention as the
legal basis of cooperation in extradition matters in respect of those States parties
with which it has not concluded treaties in the matter.
Article 18, paragraph 13 - The Office of the Attorney-General of the Republic is designated
as the central authority in matters of mutual legal assistance.
Article 18, paragraph 14 - Requests for judicial assistance shall be submitted in
the Spanish language. Requests may also be submitted in the language of the requesting
State, provided that they are accompanied by a translation into Spanish.
Micronesia
24-05-2004
... with a reservation that the FSM Government shall not consider itself bound by article 35, paragraph 2, of the Convention; ...
Moldavië
16-09-2005
In accordance with paragraph 3 of Article 35 of the Convention, the Republic of Moldova
does not consider itself bound by paragraph 2 of article 35 of the Convention.
Until the full establishment of the territorial integrity of the Republic of Moldova,
the provisions of the Convention will be applied only on the territory controlled
by the authorities of the Republic of Moldova.
In accordance with paragraph 5 (a) of Article 16 of the Convention, the Republic of
Moldova consider the Convention as legal basis for cooperation with other States Parties
on extradition. The Republic of Moldova does not consider the Convention as legal
basis for extradition of its own citizens and persons who have been granted political
asylum in the country, according to national legislation.
In accordance with paragraph 13 of Article 18 of the Convention, the Republic of Moldova
designate the following central authorities responsible for receiving requests of
legal assistance:
a) General Prosecutor's Office - during pre-trial investigation;
b) Ministry of Justice - during the trial or execution of punishment.
In accordance with paragraph 14 of Article 18 of the Convention, the acceptable languages
for the requests of legal assistance and for appended documents are: Moldovan, English
or Russian.
Monaco
18-10-2006
In accordance with article 16, paragraph 5 of the Convention, the Principality of
Monaco declares that, in the absence of a bilateral convention on extradition, it
considers the United Nations Convention against Transnational Organized Crime to be
the legal basis for cooperation on extradition with other States Parties to the Convention.
In accordance with article 18, paragraph 13, the Principality of Monaco declares that
it designates the Director of Judicial Services as the authority with the responsibility
and power for executing or transmitting requests for mutual legal assistance to the
competent authorities.
In accordance with article 18, paragraph 14, the Principality of Monaco declares that
the acceptable language is French.
In accordance with article 31, paragraph 6, the Principality of Monaco declares that
the Director of Judicial Services is the authority that can assist other States Parties.
Montenegro
20-03-2013
Notification under Article 18(13) and 14
Name of Authority: Ministry of Justice of Montenegro
Postal address: Vuka Karadzica no. 3, 81000 Podgorica, Montenegro
Telephone/fax: +382 20 407 510
Language: English, French
In urgent matters the requests for international legal assistance may be transmitted
and received through NCB INTERPOL
Mozambique
20-09-2006
Pursuant to :
(a) paragraph 13 of Article 18, the Government of the Republic of Mozambique designates
the Minister of Justice as the central authority that shall have the responsibility
and power to receive requests for mutual legal assistance to transmit them to the
competent authorities for execution.
(b) paragraph 14 of Article 18, Portuguese or English are the acceptable languages
to the Government of the Republic of Mozambique.
Myanmar
30-03-2004
The Government of the Union of Myanmar wishes to express reservations on Article 16
relating to extradition and does not consider itself bound by the same.
The Government further wishes to make a reservation on Article 35 and does not consider
itself bound by obligations to refer disputes relating to the interpretation or application
of this Convention to the International Court of Justice.
17-09-2012
Withdrawal of reservation to article 16 of the Convention.
Nederlanden, het Koninkrijk der
26-05-2004
With reference to Article 16, paragraph 5, under a), of the Convention against Transnational Organized Crime, done at New York on 15 November 2000, the Kingdom of the Netherlands declares that it will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention.
18-01-2007
[vervangen door verklaring van 4 april 2016]
In accordance with article 18, paragraph 13, of the Convention the central authority
of Aruba is:
The Procurator-General of Aruba
Havenstraat 2
Oranjestad
Aruba
Tel: (297) 582 1415
Fax: (297) 583 8891
om.aruba@setarnet.aw
09-09-2010
[vervangen door verklaring van 4 april 2016]
04-04-2016
In accordance with Article 18, paragraph 13, of the Convention the central authority
of the Kingdom of the Netherlands, for the European part of the Netherlands and the
Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)
is:
Ministry of Security and Justice
International Affairs and Mutual Legal Assistance in Criminal Matters
Postbox 20301
2500 EH The Hague
The Netherlands
Telephone: + 31 70 370 7314
Telefax: +31 70 370 7945
E-mail: airs@minvenj.nl
With reference to Article 16, paragraph 5, under a), of the Convention against Transnational
Organized Crime, the Kingdom of the Netherlands, for Curacao and Sint Maarten, declares
it will take this Convention as the legal basis for cooperation on extradition with
other States Parties to this Convention.
In accordance with Article 18, paragraph 13, of the Convention the central authorities
for Curacao and for Sint Maarten are:
For Curacao
Office of the Attorney General of Curaçao, of St. Maarten and of Bonaire, St. Eustatius
and Saba
Wilhelminaplein 14-16
Willemstad
Curaçao
Phone: + 5999 – 434.21.50
Fax: + 5999 – 461.37.86
E-mail: parket.pg@omcarib.org
For Sint Maarten
Office of the Attorney General of Curaçao, of St. Maarten and of Bonaire, St. Eustatius
and Saba
Puerto del Sol Plaza, unit 37, Welfare Road 68
P.O. Box 6833
Simpson Bay
Sint Maarten
Phone: + 1721 544 4774
Fax: + 1721 544 4797
E-mail: parket.pg@omcarib.org
Nicaragua
14-12-2000
The State of the Republic of Nicaragua declares that such measures as may be necessary to harmonize the Convention with its domestic law, will be the outcome of the processes of revision of criminal legislation which the State of the Republic of Nicaragua is currently pursuing or which it may pursue in the future. Moreover, the State of the Republic of Nicaragua reserves the right, at the moment of depositing its instrument of ratification of the present Convention, to invoke, in accordance with the general principles of international law, article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969.
10-02-2005
... in accordance with article 18, paragraph 13, of the United Nations Convention against Transnational Organized Crime, the Government of the Republic of Nicaragua has designated the Office of the Attorney-General of the Republic as the central authority with the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution.
Nieuw-Zeeland
19-07-2002
... declares pursuant to Article 18 (13) of the Convention that the Attorney General
of New Zealand is designated by the Government of New Zealand as the Central Authority
that shall have the responsibility and power to receive requests for mutual legal
assistance;
and declares pursuant to Article 18 (14) of the Convention that English is designated
by the Government of New Zealand as the acceptable language in which to make requests
for mutual legal assistance.
... consistent with the constitutional status of Tokelau and taking into account the
commitment of the Government of New Zealand to the development of self-government
for Tokelau through an act of self-determination under the Charter of the United Nations,
this ratification shall not extend to Tokelau unless and until a Declaration to this
effect is lodged by the Government of New Zealand with the Depositary on the basis
of appropriate consultation with that territory ...
Niue
01-08-2012
In accordance with the Convention, and as notified by the Secretary-General the Government
of Niue makes the following notifications under each specific Article:
Article 5(3)
The Terrorism Suppression and Transnational Crimes Act 2006 was enacted on 1 December
2006. The principal object of the Act. at section 2 of the Act, is to implement the
United Nations Security Council Resolution [1373 (2001)] and Conventions dealing with
terrorism and transnational organised crime, to prevent terrorists from operating
in Niue, and to prevent persons in Niue from taking part in terrorist activities or
supporting terrorism.
Participation in an organized criminal group has been criminalised in s.35 of the
Act as have people trafficking and smuggling in ss. (36-39), the subject of the Annexes
II & III to the Convention.
Money Laundering is criminalised under the Proceeds of Crime Act 1998 and the Mutual
Assistance in Criminal Matters Act 1998 enables the enforcement of foreign forfeiture/confiscation
and pecuniary penalty orders.
In addition, the following legislation implements the Convention (this also includes
implementation of the Vienna Convention): Extradition Act 2007; Financial Transactions
Reporting Act 2006; Misuse of Drugs Act 2007; Mutual Legal Assistance in Criminal
Matters Act 1998; Proceeds of Crimes Act 1998; Terrorism Suppression and Transnational
Organised Crimes Act 2006; the United Nations Act 1946 and the United Nations Sanctions
(Terrorism Suppression and Afghanistan Measures) Regulations 2004.
Article 16(5)
The Extradition Act 2007 provides for extradition on the basis of a treaty and it
will seek to conclude treaties with other States Parties to this Convention in order
to implement this Article.
Article 18(13)
Under the Mutual Assistance in Criminal Matters Act 1998, the Attorney General is
the central authority that has the responsibility and power to receive requests for
mutual legal assistance and either to execute them or to transmit them to the competent
authority for execution.
It is advised that in 2004 the post of Attorney-General was repealed, however pursuant
to the Mutual Assistance in Criminal Matters Act 1998 the Attorney-General means the
chief legal adviser to the Government of Niue. The Solicitor-General who is head of
the Crown Law Office is the chief legal adviser to the Government of Niue and undertakes
this role of central authority.
Article 18(14)
The Niue Government confirms that the English language is acceptable for all notifications
under this Convention.
Article 31(6)
Mutual Assistance in Criminal Matters:
Solicitor-General
Crown Law Office
P O Box 70, Commercial Centre
Alofi
NIUE
Via New Zealand
Tel: +683 4228
Fax: +683 4206
Web: www.gov.nu
Extradition:
Chief of Police
Niue Police Department
P O Box 69
Utuko. Alofi South
NIUE
Tel: +683 4333
Fax: +683 4324
Web: www.gov.nu.
Noord-Korea
17-06-2016
1. In accordance with paragraph 3 of Article 35 of the Convention, the Government
of the Democratic People`s Republic of Korea declares that it does not consider itself
bound by paragraph 2 of Article 35.
2. With regard to Article 10 of the Convention, the Government of the Democratic People’s
Republic of Korea declares that it does not consider itself bound, in part of Article
10, since the liability of legal person is not established in DPRK Criminal Law.
Noord-Macedonië
12-01-2005
1. The acts determined in Article 5, paragraph 1 (a) (i), of the United Nations Convention
against Transnational Organized Crime, represent, according to the Criminal Code of
the Republic of Macedonia, a criminal offense in Article 393 conspiracy to commit
a crime. According to Article 5, paragraph 3, of the Convention, the Criminal Code
of the Republic of Macedonia does not require an act of furtherance of the agreement
for the purposes of the offenses established in accordance with Article 5, paragraph
1 (a) (i).
2. In accordance with Article 18, paragraph 13, of the Convention, the Republic of
Macedonia states that the central authority for receiving requests for mutual legal
assistance shall be the Ministry of Justice of the Republic of Macedonia.
3. In accordance with Article 18, paragraph 14, of the Convention, the Republic of
Macedonia states that requests for mutual legal assistance and the documents enclosed
that shall be made to the Republic of Macedonia, should be accompanied by translation
in Macedonian and English.
4. In accordance with Article 16, paragraph 5, of the Convention, the Republic of
Macedonia states that it takes this Convention as the legal basis for cooperation
on extradition with other States Parties to this Convention.
5. In accordance with Article 35, paragraph 3, of the Convention, the Republic of
Macedonia states that it does not consider itself bound by Article 35, paragraph 2,
which stipulates that all disputes concerning the interpretation or application of
the Convention shall be referred to the International Court of Justice.
Noorwegen
23-09-2003
Article 5 of the Palermo Convention has been implemented in Norwegian law through
Section 162 c of the Penal Code, which reads as follows:
"Any person who enters into an agreement with another person to commit an act that
is punishable by imprisonment for a term of not less than three years, and that is
to be committed as a step in the activity of an organized criminal group, shall be
liable to imprisonment for a term not exceeding three years unless the offence comes
under a more severe penal provision. An increase of the maximum penalty in the case
of a repeated offence or a concurrence of felonies is not to be taken into account.
An organized criminal group is here defined as an organized group of three or more
persons whose main purpose is to commit an act that is punishable by imprisonment
for a term of not less than three years, or whose activity largely consists of committing
such acts."
Under Article 5 (3) of the Palermo Convention, States Parties are to inform the Secretary-General
when the national legislation implementing Article 5 requires 1) "involvement of an
organized criminal group" or 2) that "an act in furtherance of the agreement" has
taken place.
1. Section 162 c of the Norwegian Penal Code requires that the "agreement" has some
link with the criminal activity of an organized criminal group. The provision only
applies to an agreement concerning acts that are committed as "a step in the activity
of an organized criminal group". At least one of the Parties to the agreement must
be a member of such a group, and the agreement must have been entered into by the
group or by an individual representing the group. This is specified in the "travaux
préparatoires" of this legislation, cf. Proposition No. 62 (2002-2003) to the Odelsting,
pp. 31-32 and 95-96. This condition means that Section 162 c requires the "involovement
of an organized criminal group".
2. On the other hand, if "an act in furtherance of the agreement" has taken place,
this is not a necessary condition for punishment, cf. Proposition No. 62 (2002-2003)
t the Odelsting, p.95.
Communications concerning mutual assistance in criminal matters are to be addressed
to the Department of Civil Affairs, Ministry of Justice, as the competent authority
in Norway.
Communications concerning legal aid may be made in the Norwegian, Swedish, Danish
and English languages.
The Norwegian agency responsible for receiving requests from other States Parties
for assistance in developing measures to prevent transnational crime is the Police
Department, Ministry of Justice.
Oekraïne
21-05-2004
to the paragraph 6 of Article 13:
The Convention shall be applied only subject to the observation of the constitutional
principles and fundamental basis of the legal system of Ukraine;
to the paragraph b of Article 2:
The term "serious crime" corresponds to the terms "grave crime" and "especially grave
crime" in the Ukrainian criminal law. Grave crime means the crime for which the law
provides such type of punishment as imprisonment for at least five years and not exceeding
ten years (paragraph 4 of Article 12 of the Criminal Code of Ukraine), and especially
grave crime means crime for which the law provides such type of punishment as imprisonment
for more than ten years or life imprisonment (paragraph 5 of Article 12 of the Criminal
Code of Ukraine);
to the paragraph 5 (a) of Article 16:
Ukraine declares that the Convention constitutes the legal ground for cooperation
in the matters of extradition if a request for extradition is received from the State
Party to the Convention with which there is no treaty on extradition;
to the paragraph 13 of Article 18:
Central authorities in Ukraine, designated in accordance with the paragraph 13 of
Article 18, are the Ministry of Justice of Ukraine (with respect to judicial decisions)
and the Office of the Prosecutor-General of Ukraine (with respect to legal proceedings
during the investigation of criminal cases);
to the paragraph 14 of Article 18:
Requests for legal assistance and documents attached therein will be sent to Ukraine
together with their authenticated translation in Ukrainian, Russian, English or French,
if they have not been drawn up in one of these languages.
to the paragraph 3 of Article 26:
Provisions of paragraph 3 shall not be applied to the organizer or leader of criminal
group in respect of granting immunity from criminal prosecution. In accordance with
the legislation of Ukraine (paragraph two of Article 255 of the Criminal Code of Ukraine)
the above persons bear criminal responsibility notwithstanding the grounds provided
for in the Article 26 of the Convention.
20-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above [Convention], 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 [Convention] regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
04-03-2022
… Ukraine … is unable to guarantee full implementation of its obligations [under the above Convention] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.
20-11-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted, or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text ...
Oezbekistan
09-12-2003
Reservation:
The Republic of Uzbekistan does not consider itself bound by the provisions of paragraph
2 of article 35 of this Convention.
Declaration:
Communication concerning article 2, paragraph (a), of the Convention
Under article 29, section 4, of the Criminal Code of the Republic of Uzbekistan, approved
by the Act of 22 September 1994, a group of two or more persons constituted in advance
for the purpose of joint criminal activity is considered an organized group.
Communication concerning article 2, paragraph (b), of the Convention
Under article 15 of the Criminal Code of the Republic of Uzbekistan, offences are
subdivided, according to their nature and the degree of danger they pose to society,
into: offences that do not pose a great danger to society, less grave, grave and especially
grave offences.
Offences that do not pose a great danger to society are premeditated offences punishable
by deprivation of liberty for not more than three years and offences committed through
negligence and punishable by deprivation of liberty for not more than five years.
Less grave offences are premeditated offences punishable by deprivation of liberty
for more than three years but not exceeding five years and offences committed through
negligence and punishable by deprivation of liberty for more than five years.
Grave offences are premeditated offences punishable by deprivation of liberty for
more than 5 years but not exceeding 10 years.
Especially grave offences are premeditated offences punishable by deprivation of liberty
for more than 10 years or the death penalty.
Communication concerning article 2, paragraph (c), of the Convention
Pursuant to the Act of the Republic of Uzbekistan of 29 August 2001, confiscation
of property as a form of punishment has been removed from the Criminal Code.
Article 284 of the Code of Criminal Procedure of the Republic of Uzbekistan provides
that property that is the object of a crime shall, on the judgement of a court, become
State property, unless it is subject to return to the former owner.
Communication concerning article 5, paragraph 3, of the Convention
The Republic of Uzbekistan communicates hereby that, under the Criminal Code of the
Republic of Uzbekistan, offences committed by organized groups or for their benefit
are categorized as grave or especially grave offences, depending on their defining
elements and on the form of punishment for the separate types of offence.
Communication concerning article 7 of the Convention
Under article 38 of the Act of the Republic of Uzbekistan of 25 April 1996 on banks
and bank activities, information on transactions by and accounts belonging to natural
and legal persons may be transmitted to the clients and organizations themselves,
to the procurator, and to courts and bodies conducting initial inquiries and investigations:
(a) Information on transactions by and accounts belonging to legal persons and other
organizations may be transmitted to the organizations themselves, to the procurator,
and to courts and bodies conducting initial inquiries and investigations when criminal
proceedings have been initiated;
(b) Information on accounts and deposits belonging to natural persons may be transmitted
to the clients themselves and their legal representatives and, provided that such
information pertains to cases they are handling, to courts and bodies conducting initial
inquiries and investigations when financial resources and other assets of the client
in the account or deposit may be subject to seizure, when a penalty is enforced or
when property is confiscated.
Communication concerning article 10 of the Convention
The legislation of the Republic of Uzbekistan does not provide for criminal or administrative
liability in respect of legal persons.
Communication concerning article 16, paragraph 5, of the Convention
The Republic of Uzbekistan regards this Convention as the legal basis for cooperation
on extradition with other States Parties to this Convention. However, this provision
shall not preclude the Republic of Uzbekistan from concluding bilateral treaties on
extradition with individual States Parties to this Convention.
Notification concerning article 18, paragraphs 13 and 14, of the Convention
Concerning paragraph 13
The Republic of Uzbekistan has designated the Office of the Procurator General of
the Republic of Uzbekistan as the central authority with responsibility for receiving
requests for mutual legal assistance and either executing them or transmitting them
to the competent authorities for execution.
Concerning paragraph 14
The Republic of Uzbekistan designates the Russian language as the language acceptable
to it.
Pakistan
13-01-2010
Article 35 (2)
The Government of the Islamic Republic of Pakistan does not consider itself bound
by paragraph 2 of article 35 of the Convention.
Article 16
The Government of the Islamic Republic of Pakistan declares that pursuant to article
16 paragraph 5, of the Convention, it does not take this Convention as the legal basis
for cooperation on extradition with other States Parties.
Article 18
Pursuant to article 18 paragraph 13, the Government of the Islamic Republic of Pakistan
designates the Ministry of Interior as a central authority to receive all requests
for mutual legal assistance from other States Parties under the Convention. All such
requests shall be in English or shall be accompanied by an official translation in
English.
Article 31
In accordance with paragraph 6 of article 31, the Government of the Islamic Republic
of Pakistan nominates the following authority which can assist other States Parties
in preventing transnational organized crime:
Ministry of Interior
Address:
R-Block, Pak Secretariat Islamabad
Telephone: + 92-51-9210086
Fax: + 92-51-9201400
Website: www.interior.gov.pk
Email: info@interior.gov.pk
Palestina
06-02-2015
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.53.2015.TREATIES-XVIII.12,
dated 23 January 2015, conveying a communication of Canada regarding the accession
of the State of Palestine to the United Nations Convention against Transnational Organized
Crime, dated 15 November 2000.
The Government of the State of Palestine regrets the position of Canada and wishes
to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according
Palestine ‘non-member observer State status in the United Nations’. In this regard,
Palestine is a State recognized by the United Nations General Assembly on behalf of
the international community.
As a State Party to the United Nations Convention against Transnational Organized
Crime, which entered into force on 1 February 2015, the State of Palestine will exercise
its rights and honor its obligations with respect to all States Parties. The State
of Palestine trusts that its rights and obligations will be equally respected by its
fellow States Parties.
06-02-2015
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.37.2015.TREATIES-XVIII.12,
dated 23 January 2015, conveying a communication of Israel regarding the accession
of the State of Palestine to the United Nations Convention against Transnational Organized
Crime, dated 15 November 2000.
The Government of the State of Palestine regrets the position of Israel, the occupying
Power, and wishes to recall United Nations General Assembly resolution 67/19 of 29
November 2012 according Palestine ‘non-member observer State status in the United
Nations’. In this regard, Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community.
As a State Party to the United Nations Convention against Transnational Organized
Crime, which entered into force on 1 February 2015, the State of Palestine will exercise
its rights and honor its obligations with respect to all States Parties. The State
of Palestine trusts that its rights and obligations will be equally respected by its
fellow States Parties.
06-02-2015
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.38.2015.TREATIES-XVIII.12,
dated 23 January 2015, conveying a communication of the United States of America regarding
the accession of the State of Palestine to the United Nations Convention against Transnational
Organized Crime, dated 15 November 2000.
The Government of the State of Palestine regrets the position of the United States
of America and wishes to recall United Nations General Assembly resolution 67/19 of
29 November 2012 according Palestine ‘non-member observer State status in the United
Nations’. In this regard, Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community.
As a State Party to the United Nations Convention against Transnational Organized
Crime, which entered into force on 1 February 2015, the State of Palestine will exercise
its rights and honor its obligations with respect to all States Parties. The State
of Palestine trusts that its rights and obligations will be equally respected by its
fellow States Parties.
Panama
18-08-2004
The Government of the Republic of Panama hereby declares that, in connection with articles 16 and 18 of the Convention, it shall not be obliged to carry out extraditions or to render mutual legal assistance in cases where the events giving rise to a request for extradition or mutual legal assistance are not offences under the criminal legislation of the Republic of Panama.
13-12-2004
... I have the honour to inform you that requests to the Republic of Panama for legal
assistance pursuant to article 18, paragraph 13, of the Convention must be made through
the diplomatic channel.
1. In accordance with article 5 (3) of the aforementioned Convention, the domestic
law of the Republic of Panama does not require the involvement of an organized criminal
group for purposes of the offences established in accordance with paragraph 1 (a)
(i) of the aforementioned article. Similarly, the domestic law of the Republic of
Panama requires an act in furtherance of the agreement for purposes of the offences
established in accordance with paragraph 1 (a) (i) of the aforementioned article.
2. In accordance with article 16 (5) (a), the Republic of Panama will take the Convention
as the legal basis for cooperation on extradition with other States Parties to the
Convention.
3. In accordance with article 18 (14), the acceptable languages for requests for judicial
assistance addressed to the Republic of Panama are Spanish and English.
4. In accordance with article 31 (6), the authority or authorities that can assist
other States Parties in developing measures to prevent transnational organized crime
are:
National Police
Address: Corregimiento de Ancón
Telephone: (507) 227-1801, (507) 232-5756,
(507) 232-5898 Fax: (507) 5757
Criminal Investigation Department
Address: Edificio Ancón, Avenida Frangipani, frente
al Mercado de Abasto
Telephone: (507) 212-2223
Fax: (507) 212-2400
Public Security and National Defence Council
Address: San Felipe, frente a la Presidencia de la República
Telephone: (507) 227-9871
Fax: (507) 225-1355
23-02-2007
The Government of the Republic of Panama, in accordance with the provisions of article 18 (13) of the said Convention, designates the State Attorney General as the central authority having the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution.
Paraguay
22-09-2004
Article 16, paragraph 5 (a):
..., in accordance with article 16, paragraph 5 (a) of the Convention, I hereby inform
you that the Republic of Paraguay will take the aforementioned Convention as the legal
basis for cooperation on extradition with other States Parties to the Convention.
Article 18, paragraph 13:
..., in accordance with article 18, paragraph 13, of the Convention, I hereby notify
you that the Republic of Paraguay has designated the following institution as its
central authority:
Central authority: Office of the Public Prosecutor
Department responsible: Department of International Affairs and External Legal Assistance
Director: Juan Emilio Oviedo Cabañas, lawyer
Address: Nuestra Señora de la Asunción 737 entre Víctor Haedo y Humaitá
Telephone: 595-21-4155000 extensions 162 and 157; 595-21-4155100; 595-21-454603
e-mail: jeoviedo@ministeriopublico.gov.py
Peru
04-06-2014
Article 18 (13):
Authority:
Javier Moscoso Flores
Director General of the Dirección General de Capitanías y Guardacostas, Peru
Email: jorge.moscoso@dicapi.mil.pe.
Polen
12-11-2001
Pursuant to article 18, paragraph 13 the Republic of Poland declares that the Ministry
of Justice is designated as the central authority competent to receive requests for
mutual legal assistance.
The Republic of Poland declares that Polish and English shall be the languages acceptable
pursuant to article 18, paragraph 14.
26-06-2009
With reference to Article 31 paragraph 6 of the United Nations Convention against
Transnational Organized Crime, the Republic of Poland hereby declares that the authority
that may assist other States Parties in developing measures to prevent transnational
organized crime is :
National Prosecutor’s Office; Bureau for Organized Crime
Address: ul. Barska 28/30
02-315 Warsaw, Poland
Tel.: 00 48 22 31 89 700
Fax: 00 48 22 31 89 701.
Qatar
10-03-2008
..with a reservation regarding paragraph 2 of Article (35) concerning the submission of dispute to International Arbitration or to the International Court of Justice.
Roemenië
04-12-2002
1. In accordance with Article 16 paragraph 5 (a) of the Convention, Romania considers
this Convention as the legal basis for cooperation on extradition with other States
Parties to this Convention;
2. In accordance with Article 18 paragraph 13 of the Convention, the Romanian central
authorities designated to receive the requests for mutual legal assistance are:
a) The Prosecutor's Office attached to the Supreme Court of Justice, for the requests
for mutual legal assistance formulated in pre-trial investigation (Blvd. Libertatii
nr.14, sector 5 Bucuresti, tel. 410 54 35/fax.337 47 54);
b) The Ministry of Justice, for the requests for mutual legal assistance formulated
during the trial or execution of punishment, as well as for the requests of extradition
(Str. Apollodor nr.17, sector 5 Bucaresti, tel. 3141514/fax. 310 16 62);
3. In accordance with Article 18 paragraph 14 of the Convention, the requests for
mutual legal assistance and the enclosed documents submitted to the Romanian authorities
shall be accompanied by translations in the Romanian language or in the French or
English languages.
Russische Federatie
26-05-2004
The Russian Federation, in accordance with article 13, paragraph 6 of the Convention
declares that, on the basis of reciprocity, it will consider the Convention the necessary
and sufficient treaty basis for the taking of the measures referred to in article
13, paragraphs 1 and 2 of the Convention;
The Russian Federation shall have jurisdiction over the offences established in accordance
with articles 5, 6, 8 and 23 of the Convention in the cases envisaged in article 15,
paragraphs 1 and 3 of the Convention;
The Russian Federation considers that the provisions of article 16, paragraph 14 of
the Convention must be applied in such a way as to ensure the inevitability of responsibility
for the commission of offences falling within the purview of the Convention, without
detriment to the effectiveness of international cooperation in the areas of extradition
and legal assistance;
The Russian Federation, on the basis of article 18, paragraph 7 of the Convention,
declares that, on the basis of reciprocity, it will apply article 18, paragraphs 9
to 29 instead of the relevant provisions of any treaty of the mutual legal assistance
concluded by the Russian Federation with another State Party to the Convention, if,
in the view of the central authority of the Russian Federation, that will facilitate
cooperation;
The Russian Federation declares that, in accordance with article 27, paragraph 2 of
the Convention, it will consider the Convention as the basis for mutual law enforcement
cooperation in respect of the offences covered by the Convention, on condition that
such cooperation does not include the conduct of investigatory or other procedural
actions in the territory of the Russian Federation.
The Russian Federation, in accordance with article 16, paragraph 5 (a) of the Convention,
declares that, on the basis of reciprocity, it will take the Convention as the legal
basis for cooperation on extradition with other States Parties to the Convention;
The Russian Federation, on the basis of the last sentence of article 18, paragraph
13 of the Convention declares that, on the basis of reciprocity, and in urgent circumstances,
it will receive requests for mutual legal assistance and communications through the
International Criminal Police Organization, on condition that documents containing
such requests or communications are transmitted without delay under the established
procedure;
The Russian Federation, in accordance with article 18, paragraph 14 of the Convention,
declares that requests for legal assistance and related materials transmitted to the
Russian Federation must be accompanied by a translation into Russian, unless otherwise
provided by international treaty of the Russian Federation, or unless agreement has
otherwise been reached between the central authority of the Russian Federation and
the central authority of the other State Party to the Convention.
07-12-2004
... the central authorities of the Russian Federation with responsibility for ensuring the implementation of the provisions of the Convention relating to mutual legal assistance are: the Ministry of Justice of the Russian Federation (in civil law matters, including civil-law aspects of criminal cases) and the Office of the Public Prosecutor of the Russian Federation (in criminal law matters).
Saint Lucia
16-07-2013
The Government of Saint Lucia declares that pursuant to Article 16, paragraph 5 of
the Convention, it does not take the Convention as the legal basis for co-operation
on extradition with other state parties.
Pursuant to Article 18, paragraph 13 of the Convention, the Government of Saint Lucia
has the honour to inform you that the Central Authority for the purpose of Mutual
Legal Assistance is: The Attorney General's Chambers, 2nd Floor, Francis Compton building,
Waterfront, Castries, Saint Lucia, West Indies.
Pursuant to Article 18, paragraph 14 of the Convention, the Government of Saint Lucia
has the honour to inform you that the language acceptable under the Convention is
English.
Pursuant to Article 31, paragraph 6 of the Convention, the Government of Saint Lucia
has the honour to inform you that the Central Authorities are:
1. The Attorney General's Chambers, 2nd Floor, Francis Compton building, Waterfront,
Castries, Saint Lucia, West Indies.
2. The Financial Intelligence Authority, P.O.Box GM959, Gable Woods, Post Office,
Sunny Acres, Castries, Saint Lucia, West Indies.
Saint Vincent en de Grenadines
25-05-2011
Pursuant to articles 5(3), 16(5), 18(13), 18 (14) and 31(6), the Government of Saint
Vincent and the Grenadines would like to notify the Secretary-General of the following
Article 5 of the above mentioned Convention deals with criminalization of participation
in an
organized group. Section (3) asked to provide the requisite legislation that deals
with serious crimes
being committed by organized criminal group. The definition for "serious crime" as
identified by the
convention means any conduct constituting an offence punishable by a maximum deprivation
of liberty
of at least four years or a more serious penalty. An "organized criminal group" is
defined by the
Convention as a structured group of three or more persons, existing for a period of
time or acting in
concert with the aim of committing one or more serious crimes or offences established
in accordance
with the Convention, in order to obtain, directly or indirectly, a financial or other
material benefits. A
"structured group" means a group that is not randomly formed for immediate commission
of an offence
and that does not need to have formally defined roles for its members, continuity
of its membership or a developed structure.
There are several offences under the Criminal Code Cap. 124 of the Laws of Saint Vincent
and the Grenadines. Revised Edition 1990 which deals with Offences that are punishable
by four years or more. Some of these are Bribery (Police Act), Theft on indictment
(section 215 Cap 124), Drug trafficking (Drug (Prevention) and Misuse Act), Extortion
(85-93), Sexual exploitation of children (199- 207), Prostitution (123-140), Blackmail
(232), Forgery and Counterfeiting (239-260), Obtaining property by deception (223),
Obtaining services by deception (225), Treason (Section 41), Piracy (Section 50),
Murder (Section 159), Genocide (Section 158), Abduction, Kidnapping and similar crimes
(Section 199-204), Money Laundering (Proceeds of crime and Money Laundering (Prevention)
Act No. 39 of 2001) and Terrorism (United Nations (Anti-Terrorism Measures) Act No.
34 of 2002).
The Criminal Code does not deal with the element of the definition which speaks to
these crimes being committed by an organized or structured group.
Article 16 (5) of the above mentioned Convention highlights the legal basis for extradition
by state parties under this Convention. International Law permits that state parties
to a convention takes the Convention as the legal basis for extradition between the
state parties. The Fugitive Offenders Act Cap. 126 of the Laws of Saint Vincent and
the Grenadines, Revised Edition 1990, makes new provision for the return from Saint
Vincent and the Grenadines or persons found therein who are accused of, or have been
convicted of offences in other countries and whose return is requested by such other
countries and for matters related thereto.
Article 18(13) seeks notification on the Central Authority designed for the purpose
of Mutual Legal Assistance. The Central Authority is the Attorney General’s Chambers,
Ministry of Legal Affairs, Methodist Building, Corner Granby & Sharpe Streets, Kingstown,
Saint Vincent and the Grenadines Article 18 (14) seeks notification as to the language
that is acceptable by the State party.
English Language.
Article 31 (6) requires the name and address of the authority or authorities that
can assist, state parties in developing measures to prevent transnational organized
crime.
1. The Central Authority is the same as stated above in Article 18(13).
2. The Financial Intelligence Unit, P.O.Box 1826, Third Floor, Bonadie Building, Kingstown,
Saint Vincent.
Saudi-Arabië
18-01-2005
1.The Kingdom of Saudi Arabia is one of the countries whose domestic laws stipulate
that an act is to be undertaken in furtherance of the agreement, in order for the
act to be criminalized as stated in paragraph 1/a/i of article 5 of the Convention.
2.The Kingdom of Saudi Arabia does not consider itself obligated by paragraph 2 of
article 35 of the Convention.
Servië
20-04-2009
The Permanent Mission of the Republic of Serbia ... has the honour to notify of the
Serbian competent authorities for the implementation of the Articles 16 (Extradition),
17 (Transfer of Sentenced Persons) and 18 (Mutual Legal Assistance) of the Convention.
The requests shall be addressed to:
Name of Authority: Ministry of Justice of the Republic of Serbia
Full postal address: Ministry of Justice, 22-26 Nemanjina Street, 11000 Belgrade,
Republic of Serbia.
Name of Service to be contacted:
Normative Affairs and International Cooperation Department, Mutual Legal Assistance
Sector
Name of Person to be contacted:
Mr. Ljubomir Jovanovic, Adviser, Mutual Legal Assistance Sector
Telephone: +381 11 311 14 73; +381 11 311 21 99
Fax: +381 11 311 45 15; +381 11 311 29 09
Office hours: from 08:30 to 16:30
Time zone: GMT 1
Languages: English, Russian.
In urgent matters the requests may be forwarded through NCB INTERPOL-Belgrade:
Contact: INTERPOL BELGRADE
Full postal address: NCB INTERPOL BELGRADE, Terazije 41, 11000 Belgrade, Republic
of Serbia
Telephone: +381 11 33 45 254
Fax: +381 11 33 45 822
Office hours: from 08:30 to 16:30
Permanent service until 22:00 hours
Time zone: GMT 1
Languages English, French
Acceptance of requests through INTERPOL: YES.
Singapore
28-08-2007
Reservation:
Pursuant to Article 35, paragraph 3 of the above mentioned Convention, the Government
of the Republic of Singapore does not consider itself bound by Article 35, paragraph
2 of the said
Convention.
Notifications:
1. Pursuant to Article 16, paragraph 5 (a) of the above mentioned Convention, the
Government of the Republic of Singapore declares that it does not take the Convention
as the legal basis for cooperation on extradition with other States Parties to the
Convention.
2. Pursuant to Article 18, paragraph 13 of the above mentioned Convention, the Government
of the Republic of Singapore designates the Attorney-General of Singapore as the central
authority for the purposes of mutual legal assistance in accordance with Article 18
of the said Convention.
3. Pursuant to Article 18, paragraph 14 of the above mentioned Convention, the Government
of the Republic of Singapore declares that requests and attachments thereto addressed
to the central authority of Singapore should be in the English language, or a translation
into the English language should be attached thereto.
Slovenië
21-05-2004
Pursuant to Article 16, Paragraph 5 (a) of the Convention, the Republic of Slovenia
declares that it will take this Convention as the legal basis for co-operation on
extradition with other States Parties to this Convention. In the absence of an international
agreement or any other arrangement regulating extradition between the Republic of
Slovenia and another State Party to this Convention, the Republic of Slovenia will
require documents relating to extradition in compliance with its domestic law.
Pursuant to Article 18, Paragraph 13 of the Convention, the Republic of Slovenia declares
that the central authority for the implementation of the Convention shall be the Ministry
of Justice of the Republic of Slovenia.
In compliance with Article 18, Paragraph 14 of the Convention, the Republic of Slovenia
declares that requests and attachments thereto addressed to the central authority
of the Republic of Slovenia should be in the Slovenian language or a translation into
Slovenian should be attached thereto. Should it be impossible to provide translation
into the Slovenian language, requests and attachments should be in the English language
or a translation into English should be enclosed.
Slowakije
03-12-2003
Pursuant to Article 6, paragraph 2 (d) and Article 13, paragraph 5 the appropriate
authority which will furnish copies of the laws and regulations of the Slovak Republic
that give effect to these paragraphs and of any subsequent changes to such laws and
regulations or a description thereof to the Secretary General of the United Nations
is the Ministry of Justice of the Slovak Republic.
Pursuant to Article 18, paragraph 13 the Slovak Republic designates the following
central authorities to receive requests for mutual legal assistance:
(a) The General Prosecutor's Office of the Slovak Republic - in respect of cases of
pretrial investigation phase.
(b) The Ministry of Justice of the Slovak Republic - in respect of cases of court
proceedings phase.
Pursuant to Article 18, paragraph 14 the acceptable languages for the Slovak Republic
for receiving and producing a written records in respect of requests for mutual legal
assistance are Slovak, Czech, English and French.
Pursuant to Article 31, paragraph 6 the authority that can assist other States Parties
in developing measures to prevent transnational organized crime is the Ministry of
Interior of the Slovak Republic.
09-08-2006
The Ministry of Justice of the Slovak Republic is the competent authority under article 18, paragraph 13. In urgent cases, the request may be transmitted through the International Criminal Police Organization (Interpol).
Spanje
17-04-2007
The Government of Spain notified the Secretary-General, in accordance with article
18 (13), that the central authority to receive requests for mutual legal assistance
is as follows:
Subdirección General de Cooperación Jurídica Internacional (Ministerio de Justicia)
Dirección Calle San Bernardo 62
28015 Madrid
Teléfono: 34 91 390 2228
Fax: 34 91 390 44 47.
18-01-2008
1. Gibraltar is a Non-Self-Governing Territory for whose international relations the
Government of the United Kingdom is responsible and which is subject to a process
of decolonization in accordance with the relevant decisions and resolutions of the
General Assembly.
2. The Gibraltarian authorities are local in character, and exercise competences exclusively
over internal affairs that originate in and are based on the powers allocated to and
conferred on them by the United Kingdom, in accordance with its domestic legislation
and in its capacity as the sovereign State upon which depends the said Non-Self-Governing
Territory.
3. Consequently, any involvement by the Gibraltarian authorities in the implementation
of this Convention shall be understood to take place exclusively within the framework
of the internal affairs of Gibraltar and shall not be considered to affect in any
way the content of the two preceding paragraphs.
07-02-2008
No. 1l0/AV/ot
The Permanent Mission of Spain to the United Nations presents its compliments to the
Secretary-General of the United Nations and has the honour to refer to note verbale
no. 54/IPE/ac sent by this Permanent Mission on 17 January 2008 with regard to the
United Nations Convention against Transnational Organized Crime, which was opened
for signature in December 2000, and transmitting a unilateral declaration of Spain
pertaining to that Convention, following its extension to Gibraltar by the United
Kingdom on 27 November 2007.
The Permanent Mission of Spain wishes to inform the Secretary-General that on 19 December
2007, following an exchange of letters between their Permanent Representatives to
the European Union, the English and Spanish versions of which are annexed to the present
document, the Kingdom of Spain and the United Kingdom reached agreement on the "Agreed
Arrangements relating to Gibraltar Authorities in the Context of Mixed Agreements
(2007)" (annex I). The text of the "Agreed Arrangements relating to Gibraltar Authorities
in the Context of European Union and European Community Instruments and Related Treaties"
of 19 April 2000 is also annexed in both languages (annex II).
The procedure envisaged in the arrangements relating to Gibraltar authorities in the
context of Mixed Agreements (2007), which was agreed by Spain and the United Kingdom
on 19 December 2007, applies to the United Nations Convention against Transnational
Organized Crime, since it is a mixed agreement.
The Permanent Mission of Spain to the United Nations should be grateful if the Secretary-General
would inform the States parties to the United Nations Convention against Transnational
Organized Crime of the content of this note verbale and of the texts annexed.
Annex I. Agreed Arrangements between the Kingdom of Spain and the United Kingdom relating
to Gibraltar authorities in the context of mixed agreements, 19 December 2007.
[I]
[...] I refer to the discussions we have had regarding the applicability of the "Agreed
arrangements relating to Gibraltar authorities in the context of EU and EC instruments
and related Treaties of 19th April 2000" to mixed Agreements, which have been extended
to Gibraltar, and which, for the purpose of implementation, may result in the intervention
of Gibraltar authorities. ('Mixed Agreement' means an international instrument that
contains provisions some elements of which fall within Community competence and some
of which fall within the competence of the Member States, and to which the Community
- if that is permissible under the instrument in question - and the Member States
are Parties, following a Council Decision).
It is the understanding of my Government following these discussions that for these
mixed Agreements the system of 'postboxing' in the 2000 arrangements will apply for
communications between Spanish authorities and a Gibraltar body, authority or service
but not for communications between the authorities of other States and Gibraltar.
Notwithstanding the above, for instruments covered by paragraphs 5a-5d of the 2000
arrangements, "postboxing" as set out in those arrangements will, for the time being,
remain in place.
If the arrangement set out above regarding mixed agreements is acceptable to the Government
of Spain, I suggest that this letter and your reply will place on record the understanding
of our two Governments which will be known as the "Agreed arrangements relating to
Gibraltar authorities in the context of mixed Agreements (2007)" and will be implemented
as of the date of your reply.
I propose that, on receipt of your reply, we should each send a copy of our exchange
of letters notes to the Secretary General of the Council of the European Union with
the request that he circulates the aforementioned communication to the Permanent Representatives
of the remaining Member States and to the other institutions of the European Union
for their information.
These arrangements or any activity or measure taken for their implementation or as
a result of them do not imply either on the side of the United Kingdom or on the side
of the Kingdom of Spain any change in their respective positions on the question of
Gibraltar or on the limits of that territory.
[II]
[...] I am writing to thank you for your letter of 19 December setting out your Government's
view on arrangements relating to mixed agreements that have been extended to Gibraltar
and which, for the purposes of their implementation, could give rise to the intervention
of Gibraltar authorities.
I am pleased to confirm that the arrangements set out in your annexed letter are acceptable
to the Government of Spain and that your letter and the present reply constitute the
official expression of both our Governments' understanding on this matter, which shall
be known as "Agreed Arrangements relating to Gibraltar Authorities in the Context
of Mixed Agreements (2007)" and shall be applicable as of today.
I also agree that, once you receive my reply, we should both transmit a copy of our
exchange of letters/notes verbales to the Secretary-General of the Council of the
European Union, with the request that he distribute the aforementioned correspondence
to the Permanent Representatives of the other member States and to the other European
Union institutions for information.
The present arrangements and any activity or measure undertaken in implementation
or as a consequence thereof do not imply any change whatsoever in the Kingdom of Spain's
and the United Kingdom's respective positions on the question of Gibraltar or on the
boundaries of that territory.
Syrië
08-04-2009
The Syrian Republic expresses a reservation with respect to article 35, paragraph 2 of the Convention.
Thailand
17-10-2013
[I]n accordance with paragraph 3 of Article 35 of the Convention, the Kingdom of Thailand
does not consider itself bound by paragraph 2 of the same Article.
Tsjechië
24-09-2013
The domestic law of the Czech Republic requires the involvement of an organized crime
group for the purposes of the offences established in accordance with Article 5, paragraph
1 (a) (i) of the United Nations Convention against Transnational Organized Crime.
- In accordance with Article 18, paragraph 13 of the United Nations Convention against
Transnational Organized Crime, the Czech Republic designates the Supreme Public Prosecutor's
Office of the Czech Republic as a central authority having the responsibility and
power to receive requests for mutual legal assistance in case of requests submitted
in the pretrial proceedings, and the Ministry of Justice of the Czech Republic as
a central authority having the responsibility and power to receive requests for mutual
legal assistance in all other cases.
- In accordance with Article 18, paragraph 14 of the United Nations Convention against
Transnational Organized Crime, the Czech Republic declares that it will accept written
requests for mutual legal assistance made in the Czech, English and French languages.
- The following authority is designated by the Czech Republic in accordance with Article
31, paragraph 6 of the United Nations Convention against Transnational Organized Crime,
to assist other States Parties in developing measures to prevent transnational organized
crime:
Ministry of the Interior of the Czech Republic
Security Policy Department
Nad Stolou 3
P.O.Box 21/OBP
Praha 7
170 34
Czech Republic.
Tunesië
19-06-2003
In ratifying the United Nations Convention against Transnational Organized Crime, adopted by the United Nations General Assembly on 15 November 2000, the Tunisian Government declares that it does not consider itself bound by the provisions of article 35, paragraph 2, of the Convention and emphasizes that disputes over the interpretation or application of this Convention may not be submitted to the International Court of Justice unless there is agreement in principle among all the parties concerned.
Venezuela
19-12-2003
Pursuant to the provisions of article 5, paragraph 3 of the United Nations Convention
against Transnational Organized Crime, the Government of the Bolivarian Republic of
Venezuela declares the following:
With respect to national laws governing the offences described in article 5, paragraph
1 (a)(i), Venezuelan law typifies and penalizes such offences under articles 287 to
293 of the current Penal Code referring to the offence of forming an organized criminal
group. Pursuant to article 16, paragraph 5, the Bolivarian Republic of Venezuela declares:
The United Nations Convention against Transnational Organized Crime shall be taken
as the legal basis for cooperation on extradition in relations between the Bolivarian
Republic of Venezuela and other States Parties to the Convention.
Pursuant to article 18, paragraph 13, the Bolivarian Republic of Venezuela declares:
The central authority that shall have the responsibility and power to receive requests
for mutual legal assistance and either to execute them or to transmit them to the
competent authorities for execution shall be the Public Prosecutor's Office, in accordance
with the powers conferred upon the said institution by the Act for partial reform
of the Code of Criminal Procedure.
Pursuant to article 18, paragraph 14, the Bolivarian Republic of Venezuela declares:
Requests for mutual legal assistance in criminal matters made to the Government of
the Bolivarian Republic of Venezuela shall be written in Spanish, in accordance with
Venezuelan constitutional and legal provisions.
14-01-2004
Pursuant to article 35, paragraph 3, the Bolivarian Republic of Venezuela declares that it enters an express reservation concerning the provisions of paragraph 2 of this article. Consequently, it does not consider itself bound to submit to arbitration as a means of settling disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice.
Verenigd Koninkrijk
01-06-2012
... the Government of the United Kingdom of Great Britain and Northern Ireland wishes
the United Kingdom's Ratification of the of the [United Nations Convention Against
Transnational Organized Crime] to be extended to the territory of the Isle of Man
for whose international relations the United Kingdom is responsible.
The Government of the United Kingdom of Great Britain and Northern Ireland considers
the extension of the aforesaid Convention to the Isle of Man to enter into force on
the thirtieth day after the deposit of this notification...
Verenigde Arabische Emiraten
07-05-2007
The United Arab Emirates declares ... that the provisions of that Convention shall
not be binding on the United Arab Emirates in its dealings with States that have not
ratified thereof in connection with matters decreed therein, and that such ratification
shall in no case imply the establishment of relations of any kind with the said States.
Verenigde Staten van Amerika
03-11-2005
1) The United States of America reserves the right to assume obligations under the
Convention in a manner consistent with its fundamental principles of federalism, pursuant
to which both federal and state criminal laws must be considered in relation to the
conduct addressed in the Convention. U.S. federal criminal law, which regulates conduct
based on its effect on interstate or foreign commerce, or another federal interest,
serves as the principal legal regime within the United States for combating organized
crime, and is broadly effective for this purpose. Federal criminal law does not apply
in the rare case where such criminal conduct does not so involve interstate or foreign
commerce, or another federal interest. There are a small number of conceivable situations
involving such rare offenses of a purely local character where U.S. federal and state
criminal law may not be entirely adequate to satisfy an obligation under the Convention.
The United States of America therefore reserves to the obligations set forth in the
Convention to the extent they address conduct which would fall within this narrow
category of highly localized activity. This reservation does not affect in any respect
the ability of the United States to provide international cooperation to other Parties
as contemplated in the Convention.
(2) The United States of America reserves the right not to apply in part the obligation
set forth in Article 15, paragraph 1 (b) with respect to the offenses established
in the Convention. The United States does not provide for plenary jurisdiction over
offenses that are committed on board ships flying its flag or aircraft registered
under its laws. However, in a number of circumstances, U.S. law provides for jurisdiction
over such offenses committed on board U.S. -flagged ships or aircraft registered under
U.S. law. Accordingly, the United States will implement paragraph 1 (b) to the extent
provided for under its federal law.
(3) In accordance with Article 35, paragraph 3, the United States of America declares
that it does not consider itself bound by the obligation set forth in Article 35,
paragraph 2.
Pursuant to Article 5, paragraph 3, of the Convention, I have the honour to inform
you that, in order to establish criminal liability under the United States law with
respect to the offense described in Article 5, paragraph 1 (a) (i), the commission
of an overt act in furtherance of the agreement is generally required.
Pursuant to Article 16, paragraph 5, of the Convention, I have the honour to inform
you that the United States of America will not apply Article 16, paragraph 4.
Pursuant to Article 18, paragraph 13, of the Convention, I have the honour to inform
you that the Office of International Affairs, United States Department of Justice,
Criminal Division, is designated as the central authority of the United States of
America for mutual legal assistance under the Convention.
Pursuant to Article 18, paragraph 14, of the Convention, I have the honour to inform
you that requests for mutual legal assistance under the Convention should be made
in, or accompanied by, a translation into the English language.
Pursuant to Article 31, paragraph 6, of the Convention, I have the honour to inform
you that requests for assistance on developing measures to prevent transnational organized
crime should be directed to the United States Department of Justice, Office of Justice
Programs, National Institute of Justice.
16-01-2015
The United States Mission to the United Nations presents its compliments to the United
Nations and refers to the U.N. Secretary-General's depositary notification C.N.8.2015.TREATIES-XVIII.12,
dated January 6, 2015, regarding the purported accession of the 'State of Palestine'
to the United Nations Convention against Transnational Organized Crime, done at New
York November 15, 2000 (the Convention).
The Government of the United States of America does not believe the 'State of Palestine'
qualifies as a sovereign State and does not recognize it as such. Accession to the
Convention is limited to sovereign States. Therefore, the Government of the United
States of America believes that the 'State of Palestine' is not qualified to accede
to the Convention and affirms that it will not consider itself to be in a treaty relationship
with the 'State of Palestine' under the Convention.
Vietnam
08-06-2012
The Socialist Republic of Viet Nam does not consider itself bound by the provisions
of paragraph 2 of Article 35 of this Convention.
1. The Socialist Republic of Viet Nam declares that the provisions of the United Nations
Convention against Transnational Organized Crime are non-self-executing. The implementation
of provisions of this Convention shall be in accordance with Constitutional principles
and substantive law of the Socialist Republic of Viet Nam, on the basis of bilateral
or multilateral cooperative agreements with other States and the principle of reciprocity.
2. Pursuant to principles of the Vietnamese law, the Socialist Republic of Viet Nam
declares that it does not consider itself bound by the provisions with regard to the
criminal liability of legal persons set forth in Article 10 of this Convention.
3. The Socialist Republic of Viet Nam, pursuant to Article 16 of this Convention,
declares that it shall not take this Convention as the direct legal basis for extradition.
The Socialist Republic of Viet Nam shall carry out extradition in accordance with
the provisions of the Vietnamese law, on the basis of treaties on extradition and
the principle of reciprocity.
28-08-2012
1. In accordance with paragraph 13 Article 18 of the Convention, the following designated
central authorities of the Socialist Republic of Viet Nam have the responsibility
and power to receive requests for mutual legal assistance:
- The Ministry of Justice has the responsibility and power to receive requests for
mutual legal assistance in civil matters; the address of the Ministry of Justice is
60 Tran Phu Street, Ba Dinh District, Ha Noi, Viet Nam;
- The Supreme People's Procuracy has the responsibility and power to receive requests
for mutual legal assistance in criminal matters; the address of the Supreme People's
Procuracy is 44 Ly Thuong Kiet Street, Ha Noi, Viet Nam;
- The Ministry of Public Security has the responsibility and power to receive requests
for mutual legal assistance in extradition and transfer of sentenced persons; the
address of the Ministry of Public Security is 44 Yet Kieu Street, Ha Noi, Viet Nam;
2. In accordance with paragraph 14 Article 18 of the Convention, Vietnamese and English
are the languages acceptable to the Socialist Republic of Viet Nam with respect to
requests for mutual legal assistance under the Convention.
Zuid-Afrika
20-02-2004
And whereas the Secretary-General is hereby notified, in accordance with Article 18
(13) of the Convention that the Director-General of the Department of Justice and
Constitutional Development has been designated as the central authority to receive
requests for mutual legal assistance.
And whereas the Secretary-General is hereby notified, as provided for in Article 18
(14) of the Convention, that English is the acceptable language for receiving requests
for mutual legal assistance.
And whereas pending a decision by the Government of the Republic of South Africa on
the compulsory jurisdiction of the International Court of Justice, the Government
of the Republic does not consider itself bound by the terms of Article 35 (2) of the
Convention which provides for the compulsory jurisdiction of the International Court
of Justice in differences arising out of the interpretation or application of the
Convention. The Republic will adhere to the position that, for the submission of a
particular dispute for settlement by the International Court, the consent of all the
parties to the dispute is required in every individual case.
Zweden
30-04-2004
Pursuant to Article 18 (13) of the Convention, the central authority in Sweden competent
to receive requests for mutual assistance is the Ministry of Justice.
Pursuant to Article 18 (14) of the Convention, a request together with the appendices
shall be translated into Swedish, Danish or Norwegian, unless the authority dealing
with the application otherwise allows in the individual case.
20-12-2013
The following addition shall be made to the present declaration on Article 18.13:
Regarding requests for service of documents under Article 18.13 (b), County Administrative
Board of Stockholm is the central authority.
Zwitserland
21-11-2006
The central authority designated by Switzerland to receive requests for mutual legal
assistance, in accordance with article 18 (13) of the Convention is:
The Federal Office of Justice
CH-3003 Berne
In accordance with article 18 (14) of the Convention, requests for mutual legal assistance
and documents pertaining thereto must be submitted to Switzerland along with an official
certified translation into French, German or Italian, should they not have been established
in either of these languages.