Verdrag inzake de bestrijding van strafbare feiten verbonden met elektronische netwerken
Partijen met voorbehouden, verklaringen en bezwaren
Albanië
19-06-2006
In accordance with Article 24, paragraph 7, of the Convention, Albania declares that
the name and address of the authorities responsible for making or receiving requests
for extradition or provisional arrest in the absence of a treaty are :
Ministry of Justice […]
National Central Office of Interpol[…]. In accordance with Article 27, paragraph 2,
of the Convention, Albania declares that the name and address of the central authority
responsible for sending and answering requests for mutual assistance, the execution
of such requests or their transmission to the authorities competent for their execution
is:
Ministry of Justice […]
10-10-2006
The 24/7 Network point of contact designated by Albania is the:
Police of State
Ministry of Interior
[…]
Andorra
16-11-2016
Pursuant to Article 2 of the Convention, the Principality of Andorra declares that
it will incriminate the conducts provided for in Article 2 when committed with criminal
intent in order to obtain data without being entitled thereto, to alter or damage
data or programs of a computer system, or with any other criminal intent.
In accordance with Article 6, paragraph 3, of the Convention, the Principality of
Andorra reserves the right not to apply Article 6, paragraph 1.a, on the procurement
of devices for use and Article 6, paragraph 1.b, with respect to possession of any
of the items referred to in subparagraphs a.i or a.ii.
In accordance with Article 9, paragraph 4, of the Convention, the Principality of
Andorra reserves the right not to apply Article 9, paragraph 2.b, related to a person
appearing to be a minor engaged in sexually explicit conduct, and also the right not
to apply Article 9, paragraph 2.c, related to realistic images representing a minor
engaged in sexually explicit conduct.
In accordance with Article 11, paragraph 3, of the Convention, the Principality of
Andorra reserves the right not to apply Article 7 concerning certain forms of attempted
computer-related forgery.
In accordance with Article 14, paragraph 3.a, of the Convention, the Principality
of Andorra reserves the right to apply the measures provided for in Article 20 of
the Convention only to major offenses as defined in the Criminal Code in force.
In accordance with Article 29, paragraph 4, of the Convention, the Principality of
Andorra declares that, in respect of offences other than those established in accordance
with Articles 2 through 11 of the Convention, it will accept requests for mutual assistance
aiming to order the preservation of stored computer data, as provided for in Article
16 of the Convention, only if the condition of dual criminality is fulfilled at the
moment of the request.
In accordance with Article 24, paragraph 7, of the Convention, the Principality of
Andorra declares that, in the absence of a treaty, the authority responsible for making
or receiving requests for extradition or provisional arrest is:
Service des Affaires générales et juridiques
Ministry for Foreign Affairs
In accordance with Article 27, paragraph 2, of the Convention, the Principality of
Andorra declares that the central authority responsible for sending and answering
requests for mutual assistance and for their transmission to the authorities competent
for their execution is:
The Ministry of Justice, Social and Interior affairs
In accordance with Article 35 of the Convention, the Principality of Andorra designates
as point of contact available on a twenty-four hour, seven-day-a-week basis the following
Department:
Police Department
Argentinië
05-06-2018
The Argentine Republic makes a reservation to Article 6.1.b of the Convention on Cybercrime
and declares that it’s not transposable to its jurisdiction because it contains an
anticipatory assumption of the sanction since preparatory actions are established
as criminal offences, which is unknown in Argentina’s legislative tradition in criminal
legal matters.
The Argentine Republic makes a reservation to Articles 9.1.d, 9.2.b and 9.2.c of the
Convention on Cybercrime and declares that they are not transposable to its jurisdiction
because they contain anticipatory assumptions inconsistent with the Criminal Code
in force, in accordance with the reform introduced by Law 26.38.
The Argentine Republic makes a partial reservation to Article 9.1.e of the Convention
on Cybercrime and declares that it’s not transposable to its jurisdiction because,
in accordance with the legislation in force until this date, this article is only
applicable when the manifest purpose of the possession in question is the distribution
or commercialisation (Article 128, second paragraph, of the Criminal Code).
The Argentine Republic makes a reservation to Article 22.1.d of the Convention on
Cybercrime and declares that it’s not transposable to its jurisdiction because its
content differs from the rules governing the definition of national criminal jurisdiction.
The Argentine Republic makes a reservation to Article 29.4 of the Convention on Cybercrime
and declares that it’s not transposable to its jurisdiction because the requirement
of dual criminality is one of the fundamental bases of the Law on International Cooperation
in Criminal Matters No. 24.767 for the kind of cooperation measures provided for in
the article and paragraph mentioned.
In accordance with the provisions of Article 24.7 of the Convention, the Government
of Argentina designates as responsible authority the Directorate for International
Mutual Legal Assistance of the Ministry of Foreign Affairs and Worship of the Argentine
Republic.
In accordance with the provisions of Article 27.2.c of the Convention, the Government
of Argentina designates as responsible authority the Directorate for International
Mutual Legal Assistance of the Ministry of Foreign Affairs and Worship of the Argentine
Republic.
12-07-2018
In accordance with Article 43 of the Convention, the Argentine Republic withdraws its partial reservation to Article 9.1.e of the Convention on Cybercrime.
Armenië
10-10-2008
In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35,
paragraph 1, of the Convention on Cybercrime, the Republic of Armenia designated as
the national point of contact for cooperation in combating cybercrime, available on
a twenty-four hour, seven-day-a-week basis:
Mr. Samvel Hovsepyan, Police Major Deputy Head of 3rd division of the 1st department
of the Main Department on Combat Against Organized Crime of the Police of the Republic
of Armenia
17-12-2024
In accordance with Article 24, paragraph 7, and Article 27, paragraph 2, of the Convention
on Cybercrime, the Republic of Armenia updates its designation of the authorities
to receive and handle requests for mutual assistance, extradition, or provisional
arrest as follows:
a) The General Prosecutor’s Office – for requests related to mutual assistance, extradition,
or provisional arrest during the pre-trial proceedings:
Prosecutor General’s Office, Department of International-Legal Cooperation
[…]
b) The Ministry of Justice – for requests related to mutual assistance, extradition,
or provisional arrest during the court proceedings phase – National Contact Point
(NCP)
Ministry of Justice of Armenia
[…]
In accordance with Article 35, paragraph 1, of the Convention on Cybercrime, the Republic
of Armenia updates its designation of the national point of contact (NCP) for cooperation
in combating cybercrime, available on a twenty-four hour, seven-day-a-week basis,
as follows: National Police to the Ministry of Internal Affairs
Ministry of Internal Affairs
General Department of Criminal Police
Department for Combating Cybercrime
[…]
Australië
30-11-2012
In accordance with Article 42 and Article 14, paragraph 3.a, of the Convention, Australia
reserves the right to apply the measures referred to in Article 20 (Real-time collection
of traffic data) only to offences that are punishable by imprisonment for at least
3 years and any other 'serious offences' as defined under domestic law governing the
collection and recording of traffic data in real time and the interception of content
data. Under Australian law, domestic agencies may only gain access to traffic data
collected and recorded in real time in relation to offences that are punishable by
imprisonment for at least 3 years and other 'serious offences'. Domestic agencies
may only gain access to intercepted content data in relation to 'serious offences'.
In accordance with Article 42 and Article 22, paragraph 2, of the Convention, Australia
reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraph
1.b-d, to offences established in accordance with Article 7 (Computer-related forgery),
Article 8 (Computer-related fraud) and Article 9 (Offences related to child pornography).
The Parliament of the Commonwealth of Australia does not enjoy a plenary power to
make laws establishing offences for computer-related forgery, computer-related fraud
or offences related to child pornography. The Parliament of the Commonwealth of Australia
has established offences for computer-related forgery, computer-related fraud and
offences related to child pornography, committed on board ships flying Australian
flags, on board aircraft registered under Australian law, or by Australian nationals
outside Australia, where the offending conduct involves some subject matter with respect
to which it has legislative power. In addition to those offences, the Australian States
and Territories have also established offences in accordance with Articles 7, 8 and
9 when commited on their territory.
In accordance with Article 42 and Article 22, paragraph 2, of the Convention, Australia
further reserves the right not to apply the jurisdiction rules laid down in Article
22, paragraphs 1.b-d, to offences established in accordance with Article 10 (Offences
related to infringements of copyright and related rights). Autralian law does not
presently provide jurisdiction over acts constituting infringements of copyright and
related rights committed on board ships flying Australian flags, on board aircraft
registered under Australian law, or by Australian nationals outside Australia.
Article 24(7) - Australia's Designated Competent Authority:
International Crime Cooperation Central Authority
Attorney-General's Department
[…]
Article 27(2) - Australia's Designated Competent Authority:
International Crime Cooperation Central Authority
Attorney-General's Department
[…]
Article 35 - 24/7 Network:
AOCC Watchfloor Operations
Australian Federal police
[…]
17-07-2020
Up-dating of contact information:
Articles 24(7) and 27(2)
Authority: Attorney General’s Department - International Crime Cooperation Central
Authority
Article 35 – 24/7 Network contact
Authority: Australian Federal Police
[…]
Azerbeidzjan
30-06-2008
In relation to subparagraph "b" of paragraph 1 of Article 6 of the Convention, the
Republic of Azerbaijan declares that when acts are not considered dangerous crimes
for the general public, they will be evaluated not as criminal offences, but as punishable
acts regarded as a breach of law. In case the deliberate perpetration of acts subject
to the penalty risk which are not treated as dangerous crimes for the general public
(action or inaction) generates a serious harm, then they are treated as crime.
In relation to paragraph 3 of Article 6 of the Convention, the Republic of Azerbaijan
appraises the acts indicated in paragraph 1 of Article 6 of the Convention not as
criminal offences, but as punishable acts regarded as a breach of law in case these
acts are not considered dangerous crimes for general public and stipulates that the
given acts be subjected to criminal charge only at the event of incurrence of serious
harm.
According to subparagraph "a" of paragraph 7 of Article 24 of the Convention, in case
of the absence of an extradition treaty, the Republic of Azerbaijan designates the
Ministry of Justice as a responsible authority for receiving inquiries regarding extradition
and temporary arrest.
According to subparagraph "c" of paragraph 2 of Article 27 of the Convention, the
Republic of Azerbaijan designates the Ministry of National Security as a responsible
authority for sending and answering requests for mutual assistance and the execution
of such requests.
According to subparagraph "e" of paragraph 9 of Article 27 of the Convention, the
Republic of Azerbaijan informs the Secretary General that, for reasons of efficiency,
requests made under this paragraph are to be addressed to its central authority.
According to paragraph 1 of Article 35 of the Convention, the Republic of Azerbaijan
designates the Ministry of National Security as a point of contact available on a
twenty-four hour, seven-day-a-week basis, in order to ensure the provision of immediate
assistance for the purpose of investigations or proceedings concerning criminal offences
related to computer systems and data, or collection of evidence in electronic form
of a criminal offence.
According to Article 38 of the Convention, the Republic of Azerbaijan declares that
the application of the provisions of the Convention in the territories of the Republic
of Azerbaijan, which have been occupied by the Republic of Armenia, cannot be guaranteed
unless these territories are freed from occupation.
In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Republic
of Azerbaijan declares that criminal liability occurs if the acts described in Article
4 of the Convention result in serious harm.
In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the
Republic of Azerbaijan reserves the right to refuse the request for preservation under
this article in cases where it has reasons to believe that at the time of disclosure
the condition of dual criminality cannot be fulfilled.
Bezwaar Armenië, 30-06-2009
The Republic of Azerbaijan deliberately distorts the core and essence of the Nagorno
Karabakh issue with respect to the cause and effect of the conflict originated as
consequence of Azerbaijan's policies of ethnic cleansing against the people of the
Nagorno Karabakh, aimed at the suppression of its free will and followed by large-scale
military aggression against the self-determined Nagorno Karabakh Republic. As a result,
several territories of the Nagorno Karabakh Republic have been occupied by the Republic
of Azerbaijan and some territories of Azerbaijan came under the control of the Nagorno
Karabakh Republic.
Furthermore, Article 38 of the Convention, to which the Declaration of the Republic
of Azerbaijan refers, is not applicable in respect of the Republic of Azerbaijan.
The clause on territorial application deals only with European States with territories
having special status, such as overseas territories, allowing these States to extend
the application of the Convention to those territories.
15-03-2010
In relation to subparagraph "b" of paragraph 1 of Article 6 of the Convention, the
Republic of Azerbaijan declares that when acts are not considered dangerous crimes
for the general public, they will be evaluated not as criminal offences, but as punishable
acts regarded as a breach of law. In case the deliberate perpetration of acts subject
to the penalty risk which are not treated as dangerous crimes for the general public
(action or inaction) generates a serious harm, then they are treated as crime.
In relation to paragraph 3 of Article 6 of the Convention, the Republic of Azerbaijan
appraises the acts indicated in paragraph 1 of Article 6 of the Convention not as
criminal offences, but as punishable acts regarded as a breach of law in case these
acts are not considered dangerous crimes for general public and stipulates that the
given acts be subjected to criminal charge only at the event of incurrence of serious
harm.
In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Republic
of Azerbaijan declares that criminal liability occurs if the acts described in Article
4 of the Convention result in serious harm.
In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the
Republic of Azerbaijan reserves the right to refuse the request for preservation under
this article in cases where it has reasons to believe that at the time of disclosure
the condition of dual criminality cannot be fulfilled.
According to subparagraph "a" of paragraph 7 of Article 24 of the Convention, in case
of the absence of an extradition treaty, the Republic of Azerbaijan designates the
Ministry of Justice […] as a responsible authority for receiving inquiries regarding
extradition and temporary arrest.
According to subparagraph "c" of paragraph 2 of Article 27 of the Convention, the
Republic of Azerbaijan designates the Ministry of National Security […] as a responsible
authority for sending and answering requests for mutual assistance and the execution
of such requests.
According to subparagraph "e" of paragraph 9 of Article 27 of the Convention, the
Republic of Azerbaijan informs the Secretary General that, for reasons of efficiency,
requests made under this paragraph are to be addressed to its central authority.
According to paragraph 1 of Article 35 of the Convention, the Republic of Azerbaijan
designates the Ministry of National Security as a point of contact available on a
twenty-four hour, seven-day-a-week basis, in order to ensure the provision of immediate
assistance for the purpose of investigations or proceedings concerning criminal offences
related to computer systems and data, or collection of evidence in electronic form
of a criminal offence.
According to Article 38 of the Convention, the Republic of Azerbaijan declares that
it is unable to guarantee implementation of the provisions of the Convention in its
territories occupied by the Republic of Armenia until the liberation of those territories
from the occupation.
België
20-08-2012
In accordance with Article 22 of the Convention, the Belgian Government reserves the
possibility of applying Article 22.1.c of the Convention only if the following specific
condition is fulfilled: Article 36 of the Law of 27 June 1937, relating to the regulation
of air navigation, considers as committed in Belgium the offences committed on board
a Belgian aircraft in flight.
In accordance with Article 42 of the Convention, Belgium reserves the right to apply
Article 22.1.d of the Convention to a Belgian national who is guilty of a criminal
offence committed outside the territory of the Kingdom, only in cases where such an
offence is considered to be a criminal offence according to Belgian law, and the offence
is punished by the law of the country where it was committed, and the perpetrator
is found in Belgium. Belgium reserves the right to institute proceedings, in cases
where the victim of the offence is a foreigner, only upon a preliminary complaint
from the victim, his or her family or an official notice from the authorities of the
State where the offence was committed.
In accordance with Article 2 of the Convention, the Belgian Government declares that
it will establish as criminal offences the conducts referred to in Article 2, in relation
to "internal hacking" as provided for by Article 550bis, §2 of the Penal Code, only
when those conducts are committed with intent to defraud or to cause damage.
In accordance with Article 7 of the Convention, the Belgian Government declares that
it will establish as criminal offences the conducts provided for by Article 7 only
when they are committed with fraudulent intent or intent to cause damage.
In accordance with Article 24.7.a of the Convention, the Belgian Government declares
that the authority responsible for making or receiving requests for extradition or
provisional arrest, in the absence of a treaty, is:
Service Public Fédéral Justice
Service de la coopération internationale pénale
[…]
(until the end of 2012).
In accordance with Article 27.2 of the Convention, the Belgian Government declares
that the authority responsible for sending and answering requests for mutual assistance,
and for the execution of such requests or their transmission to the authorities competent
for their execution is:
Service Public Fédéral Justice
Service de la coopération internationale pénale
[…]
(until the end of 2012).
In accordance with Article 35 of the Convention, the Belgian Government designates
as a point of contact available on a twenty-four hour, seven-day-a-week basis, the
following department:
Federal Judicial Police
Direction for Combating Economic and Financial Crime
Federal Computer Crime Unit (FCCU)
[…].
Benin
20-06-2024
In accordance with Articles 24, 27 and 35 of the Convention on Cybercrime, the Republic
of Benin designates the competent national authorities for Benin as follows:
1. Authority responsible for making or receiving requests for extradition or provisional
arrest in the absence of a treaty
Name: Ministry of Foreign Affairs
[…]
2. Central authority responsible for sending, responding, executing or transmitting
requests for mutual assistance to the competent authorities for their execution
Name: Bureau de la Coopération et de l’entraide judiciaire (Office of Cooperation
and Mutual Legal Assistance)
[…]
3. Focal Point designated for the 24/7 Network
Name: Centre National d’Investigations Numériques (CNIN)
[…]
Bosnië en Herzegovina
19-05-2006
The Permanent Representation of Bosnia and Herzegovina declares that it will deposit the declaration by which the competent authorities for the purposes of the Convention on cybercrime will be designated, as soon as possible after the deposit of the instrument of ratification.
29-10-2008
In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35, paragraph 1, of the Convention on Cybercrime, Bosnia and Herzegovina designated as the competent authority for the purposes of the Convention : the State Investigation and Protection Agency of Bosnia and Herzegovina. The point of contact is Mr Jasmin GOGIC, Director of Sarajevo's regional office of the State Investigation and Protection Agency of Bosnia and Herzegovina.
15-11-2011
Competent authorities (articles 24, 27)
Up-dating of information:
State Investigation and Protection Agency of Bosnia and Herzegovina
(Ministry of Security)
Point of Contact (Article 35)
Up-dating of information:
Direction for cooperation of police bodies of Bosnia and Herzegovina
International police cooperation Sector, INTERPOL
(Ministry of Security)
Brazilië
30-11-2022
Pursuant to Article 24, paragraph 7.a, and Article 27, paragraph 2.c, of the Convention,
the Federative Republic of Brazil declares that the authority responsible for making
requests for extradition and provisional arrest and for exercising the function of
competent central authority is:
Ministry of Justice and Public Security
Department of Asset Recovery and International Judicial Cooperation
Pursuant to Article 35 to the Convention, the Federative Republic of Brazil declares
that the function of point of contact for the 24/7 Network will be exercised by the
Federal Police.
Pursuant to Article 40 of the Convention, the Federative Republic of Brazil declares
that no presentation of declaration was decided during the legislative process of
approval.
Bulgarije
07-04-2005
In accordance with Article 14, paragraph 3, of the Convention, the Republic of Bulgaria
reserves the right to apply the measures referred to in Article 20 only to serious
offences, as they are defined by the Bulgarian Criminal Code.
In a Note Verbale, the Republic of Bulgaria undertakes to designate its central authorities
under the respective articles of the Convention on Cybercrime as soon as possible
after the deposit of its instrument of ratification.
12-09-2005
In accordance with Article 24, paragraph 7.a, of the Convention, the Republic of Bulgaria
declares that it designates the Ministry of Justice as the Central Authority responsible
for making or receiving requests for extradition, and the Supreme Cassation Prosecutor's
Office as the Central Authority responsible for making and receiving requests for
provisional arrest.
In accordance with Article 27, paragraph 2.c, of the Convention, the Republic of Bulgaria
declares that it designates the following Central Authorities responsible for sending
and answering requests for mutual assistance:
- the Supreme Cassation Prosecutor's Office - in respect of requests for mutual assistance
at the stage of pre-trial proceeding;
- the Ministry of Justice - in respect of requests for mutual assistance at the stage
of the trial.
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Bulgaria
declares that it designates the National Service for Combating Organized Crime under
the Ministry of Interior to perform the functions of point of contact for the purposes
of investigations concerning cybercrime.
Canada
08-07-2015
In accordance with Article 10, paragraph 3 and Article 42 of the Convention, Canada
reserves the right not to impose criminal liability under paragraphs 1 and 2 of Article
10 since effective remedies, such as civil remedies, are available under Canadian
law.
In accordance with Article 22, paragraph 2 and Article 42 of the Convention, Canada
reserves the right not to exert its jurisdiction in relation to its nationals who
commit offences established in accordance with the Convention outside its territorial
jurisdiction.
In accordance with Articles 2 and 40 of the Convention, Canada will require that the
offence be committed with dishonest intent.
In accordance with Articles 3 and 40 of the Convention, Canada will require that the
offence be committed with dishonest intent.
In accordance with Articles 27 and 40 of the Convention, Canada declares that all
requests for mutual assistance be addressed to its central authority.
For the purpose of Articles 24, 27 and 40 of the Convention, Canada designates as
its central authority for extradition and mutual assistance, the International Assistance
Group of the Department of Justice.
International Assistance Group
Department of Justice
[…]
In accordance with Article 35 of the Convention, Canada designates the Royal Canadian
Mounted Police as its point of contact that is available on a twenty-four hour, seven
day-a-week basis.
Royal Canadian Mounted
National Operations Centre (NOC)
[…]
Chili
20-04-2017
The Republic of Chile declares that it will require that the offense be committed
with a specified dishonest intent, to punish the actions described in Articles 2 and
3 of the Convention on Cybercrime, in accordance with the provisions of Article 2
of Law No. 19.223 on computer-related offenses.
The Republic of Chile declares that it will require that the offense be committed
with fraudulent intent and that it causes harm to third parties, to punish the actions
described in Article 7 of the Convention on Cybercrime in accordance with the provisions
of Article 197 of the Criminal Code.
The Republic of Chile declares that, in accordance with Article 4, paragraph 2, of
the Convention on Cybercrime, it will establish as criminal offences under its domestic
law, any deliberate and illegitimate act causing the damaging, deletion, deterioration,
alteration or suppression of computer data without right, providing that this conduct
results in serious harm.
The Republic of Chile declares that, in accordance with Article 6, paragraph 3, of
the Convention on Cybercrime, it will not apply paragraph 1 of the same Article inasmuch
as it does not affect the sale, distribution or otherwise making available of the
items referred to in paragraph 1 a) ii) of said Article 6.
The Republic of Chile declares that, in accordance with Article 9, paragraph 4, of
the Convention on Cybercrime, it will not apply paragraph 2, sub-paragraphs b and
c of the same article.
The Republic of Chile declares that, in accordance with Article 22, paragraph 2, of
the Convention on Cybercrime, it will not apply the jurisdiction rules laid down in
paragraph 1.d of the same article.
The Republic of Chile, in respect of Article 29, paragraph 4, of the Convention on
Cybercrime, reserves the right to refuse the request for international assistance
in cases where the conduct is not defined under Chilean law at the time of the request.
The Republic of Chile declares that, under Article 24 "Extradition", paragraph 7,
of the Convention, the authority responsible for making or receiving requests for
extradition or provisional arrest is:
The Ministry of Foreign Affairs of the Republic of Chile
The Republic of Chile declares that, as regards to Article 27 “Procedures pertaining
to mutual assistance requests in the absence of applicable international agreements”,
paragraph 2.a, the central authority responsible for sending and answering requests
for mutual assistance, the execution of such requests or their transmission to the
authorities competent for their execution is:
The Office of Public Prosecution of Chile
International Cooperation and Extradition Unit
The Republic of Chile declares that, as regards to Article 35 “24/7 Network”, paragraph
1, the point of contact available on a twenty-four hour, seven-day-a-week basis is:
The Office of Public Prosecution of Chile
International Cooperation and Extradition Unit.
Colombia
16-03-2020
In accordance with Article 14, paragraph 3, and with reference to Articles 20 and
21 of the Convention, Colombia reserves the right to apply the measures referred to
in the aforementioned articles in accordance with its internal regulations in matters
of personal data and protection of the right to privacy.
In accordance with Article 24 of the Convention, Colombia designates as competent
authority in matters of extradition the:
Directorate of International Legal Affairs of the Ministry of Foreign Affairs of Colombia
[…]
In accordance with Article 27 of the Convention, Colombia designates the following
authorities as responsible for mutual legal assistance:
For mutual legal assistance during the investigation phase:
Department of International Affairs of the General Prosecutor's Office
[…]
For mutual legal assistance during the legalisation phase:
Department of International Affairs of the Ministry of Justice and Law
[…]
In accordance with article 35 of the Convention, Colombia designates as the contact
point 24 hours a day, seven days a week:
National Police - Colombian Cybercrime Competence Center C4
Cybercrime Directorate
[…]
Costa Rica
22-09-2017
Regarding Article 10 of the Convention on Cybercrime, the Republic of Costa Rica interprets
that it is understood that the use of copyright of literary or artistic works obtained
through a computer system will not be punishable when its purpose is not for profit,
to the extent required for illustration purposes for teaching, as long as the said
use is done in accordance with proper use, and mention is made of the source and the
name of the author, if this author appears in the source. Similarly, the reproduction
and digital storage of literary or artistic works obtained by students and academic
staff by computer means solely for illustration for teaching purposes shall not be
punishable.
Regarding Article 24 of the Convention on Cybercrime, the Republic of Costa Rica interprets
that it is understood that it will not apply to extradition of Costa Rican nationals
who are in the territory of Costa Rica.
The Republic of Costa Rica indicates that, in conformity with the provisions of the
Convention on Cybercrime in its Article 35, it designates the Judicial Authority as
contact point to ensure the provision of immediate assistance for the purpose of investigations
or proceedings concerning criminal offences related to computer systems and data,
or for the collection of evidence.
In accordance with the provisions of Articles 24 and 27 of the Convention on Cybercrime,
the authority designated by the Republic of Costa Rica is as follows:
Authority : Office of Technical Advice and International Affairs of the General Prosecutors
office of the Republic of Costa Rica
Updating of information: 16-04-2018
In accordance with the provisions of Articles 24 and 27 of the Convention on Cybercrime,
the authority designated by the Republic of Costa Rica is as follows:
Authority :
Oficina de Asesoría Técnica y Relaciones Internacionales
Fiscalía General de la República
Ministerio de Público de Costa Rica
[…]
Cyprus
05-08-2009
The Government of the Republic of Cyprus designates as the authority responsible for
making or receiving requests for extradition or provisional arrest in the absence
of a treaty in accordance with Article 24 of the Convention, for requests in accordance
with Article 27 of the Convention and as point of contact in accordance with Article
35 of the Convention, and in accordance with the provisions of section 17 of the Cybercrime
Convention (Ratification) Law of 2004 (22(III)/2004) as from its entry into force
(i.e. on 30 April 2004), the following authority:
Ministry of Justice and Public Order
[…]
Denemarken
21-06-2005
In accordance with Article 9, paragraph 4, of the Convention, the Government of the
Kingdom of Denmark declares that the criminal area according to Article 9 shall not
comprehend the possession of obscene pictures of a person attained the age of fifteen,
if the person concerned has given his or her consent to the possession, cf. Article
9, paragraph 1, letter e.
In accordance with Article 9, paragraph 4, of the Convention, the Government of the
Kingdom of Denmark declares that the criminal area according to Article 9 shall not
comprehend visual representations of a person appearing to be a minor engaged in sexually
explicit conduct, cf. Article 9, paragraph 2, letter b.
In accordance with Article 14, paragraph 3, letter a, of the Convention, the Government
of the Kingdom of Denmark declares that Denmark will only apply article 20 concerning
monitoring of traffic data to the extent where in accordance with Article 21 there
is an obligation to empower the competent authorities to monitor content data, in
relation to inquiries of serious crimes, as defined by national law.
Pursuant to Article 38 of the Convention, Denmark declares that, until further notice,
the Convention will not apply to the Feroe Islands and Greenland.
30-09-2005
In accordance with Article 24, paragraph 7, of the Convention, the Government of the
Kingdom of Denmark has designated the Rigsadvokaten (Director of Public Prosecution)
as competent authority. (information updated 23-08-2018)
In accordance with Article 27, paragraph 2, of the Convention, the Government of the
Kingdom of Denmark has designated the Rigsadvokaten (Director of Public Prosecution)
as competent authority. (information updated 23-08-2018)
In accordance with Article 35, paragraph 1, of the Convention, the Government of the
Kingdom of Denmark has designated the Danish National Police, Police Department, […],
Denmark, as competent authority.
Dominicaanse Republiek
07-02-2013
The Dominican competent authorities as provided for by Articles 24(7) and 27(2) of
the Convention are:
Procuraduría General de la República:
Ave. Jinénez Moya esq. Juan Ventura Simó,
Palacio de Justicia,
[…].
Departamento de Investigaciones de Crímenes y Delitos de Alta Tecnología de la Policía
Nacional
(DICAT):
Palacio de la Polícia,
[…].
The Dominican competent authority as provided for by Article 35 of the Convention
is:
Departamento de Investigaciones de Crímenes y Delitos de Alta Tecnología de la Policía
Nacional
(DICAT):
Palacio de la Polícia,
[…].
Duitsland
09-03-2009
1.In accordance with Article 40 of the Convention, the Federal Republic of Germany
declares that it avails itself of the possibility of requiring that,
(a) according to Article 2, second sentence, the additional element of commission
by infringing security measures be included as an element of the offence of data espionage,
which has been established under German law in section 202a of the Criminal Code pursuant
to Article 2, first sentence, and
(b) according to Article 7, second sentence, the additional element of an "intent
to defraud, or similar dishonest intent" that takes the form of deception in legal
transactions be included as an element of the offence of falsification of legally
relevant data, which has been established under German law in section 269 of the Criminal
Code pursuant to Article 7, first sentence.
2.The Federal Republic of Germany declares that it avails itself of Article 42 of
the Convention to the extent that
(a) Article 6, paragraph 1.a.i, as relates to "devices", and sub-paragraph b shall
not be applied,
(b) the attempt to commit the acts specified under Article 3 shall not be established
as criminal offence under national law, and
(c) requests for expedited preservation of stored data under Article 29 may be refused
on the ground that dual criminality is not given, provided there is reason to believe
that at the time of disclosure the condition of dual criminality cannot be fulfilled,
unless the offence in question is an offence established pursuant to Articles 2 to
11.
3.In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention,
the Federal Republic of Germany declares that the central authority responsible for
making or receiving requests for extradition or provisional arrest is the Federal
Foreign Office […].
4.In accordance with Article 35, paragraph 1, of the Convention, the Federal Republic
of Germany declares that the point of contact designated to fulfil the functions specified
in this article is the National High Tech Crime Unit at the Federal Criminal Police
Office […].
15-05-2009
In accordance with Article 27, paragraph 2.a, of the Convention, the Federal Republic of Germany declares that the central authority responsible for mutual aasistance requests in the absence of applicable international agreements is the Ministry of Foreign Affairs […].
Ecuador
12-12-2024
In accordance with Article 24 of the Convention on Cybercrime, the Government of the
Republic of Ecuador designates the Ecuadorian authority responsible for making or
receiving requests for extradition or provisional arrest in the absence of a treaty
as follows:
Institution: National Court of Justice
[…]
In accordance with Article 27 of the Convention on Cybercrime, the Government of the
Republic of Ecuador designates the Ecuadorian authority responsible for international
cooperation in criminal matters as follows:
Institution: Office of the Prosecutor General of the Nation – Directorate of Cooperation
and International Affairs
[…]
In accordance with Article 35 of the Convention on Cybercrime, the Government of the
Republic of Ecuador designates the Ecuadorian 24/7 Point of contact as follows:
Office of the Prosecutor General of the Nation
Institution: Office of the Prosecutor General of the Nation
[…]
National Police
Institution: National Police
[…]
Institution: National Police
[…]
Estland
12-05-2003
Pursuant to Article 24, paragraph 7, subparagraph a, of the Convention, the Republic
of Estonia designates the Ministry of Justice, in the absence of an extradition treaty,
as the authority responsible for making or receiving requests for extradition or provisional
arrest.
Pursuant to Article 27, paragraph 2, subparagraph c, of the Convention, the Republic
of Estonia designates the Ministry of Justice as the central authority responsible
for sending and answering requests for mutual assistance, the execution of such requests
or their transmission to the authorities competent for their execution.
Pursuant to Article 35, paragraph 1, of the Convention, the Republic of Estonia designates
the Central Criminal Police as the point of contact.
08-10-2007
Estonia designates as point of contact for the network 24/24-7/7:
Mr Dmitri RUDAKOV
Estonian Central Criminal Police
Tel.: +372 612 3684
Email: dmitri.rudakov@kkp.pol.ee
06-07-2010
Estonia designates as point of contact for the network 24/24-7/7:
Bureau of Criminal Intelligence
Criminal Police Department
Estonian Police- and Border Guard Board
Republic of Estonia
Fiji
20-06-2024
In accordance with Articles 24 (7), 27 (2) and 35 of the Convention on Cybercrime,
the Republic of Fiji designates the competent national authorities for Fiji as follows:
Article 24(7)
Authority: Office of the Attorney-General Solicitor-General
[…]
Article 27(2)
Authority: Office of the Attorney-General Solicitor-General
[…]
Article 35
Authority: Head of the Cybercrime Unit
[…]
Authority: Office of the Director of Public Prosecutions
[…]
Filipijnen
28-03-2018
In accordance with Articles 24, 27 and 35 of the Convention, the Republic of the Philippines
designates the following authorities mainly responsible for making or receiving requests
for extradition or for mutual assistance with another State Party:
Central authority:
Authority: Department of Justice
Point of contact 24/7 network:
Authority: Department of Justice - Office of Cybercrime
Finland
24-05-2007
Pursuant to Article 2 of the Convention, the Republic of Finland declares that it
requires for the punishability of illegal access as referred to in the Article that
the offence be committed by infringing security measures.
Pursuant to Article 11, paragraph 3, of the Convention, the Republic of Finland declares
that it will not apply paragraph 2 of the same article, concerning the criminalisation
of attempt, to petty criminal damage nor petty forgery.
Pursuant to Article 14, paragraph 3.a, of the Convention, the Republic of Finland
declares that it only applies Article 20 to offences aimed at a computer system committed
by using telecommunications terminal equipment, pandering, threatening of persons
to be heard in the administration of justice, menace, narcotic offences or attempts
of the above, preparation of offences to be committed with terrorist intent and offences
punishable by imprisonment of at least four years.
Pursuant to Article 14, paragraph 3.b, of the Convention, the Republic of Finland
declares that it does not apply the measures referred to in Articles 20 and 21 to
communications being transmitted within a computer system if the system is being operated
for the benefit of a closed group of users and does not employ public communications
networks and is not connected with another computer system, whether public or private.
Pursuant to Article 35, paragraph 1, of the Convention, the Republic of Finland designates
the National Bureau of Investigation, Criminal Intelligence Division / Communications
Centre as the point of contact available on a twenty-four hour, seven-day-a-week basis.
18-06-2007
Pursuant to Article 24, paragraph 7, of the Convention, the Republic of Finland declares
that the authority responsible for making and receiving requests in Finland is:
- for requests for extradition, the Ministry of Justice, […], and
- for requests for provisional arrest, the National Bureau of Investigation, […]
Pursuant to Article 27, paragraph 2.a, of the Convention, the Republic of Finland
declares that the central authority who is responsible for sending and answering requests
for mutual assistance, the execution of such requests or their transmission to the
authorities competent for their execution is the Ministry of Justice, […].
17-06-2010
Pursuant to Article 35, paragraph 1, of the Convention, the Republic of Finland designates
as the point of contact available on a twenty-four hour, seven-day-a-week basis:
National Bureau of Investigation
[…]
Frankrijk
10-01-2006
In accordance with Article 9, paragraph 2.b, of the Convention, France shall apply
Article 9, paragraph 1, to any pornographic material that visually depicts a person
appearing to be a minor engaged in sexually explicit conduct, in so far as it is not
proved that the said person was 18 years old on the day of the fixing or the registering
of his or her image.
In accordance with Article 21 of the Convention, France shall apply the provisions
contained in Article 21 only if the prosecuted offence is punished with a deprivation
of liberty superior or equal to two years of custody.
In accordance with Article 22 of the Convention, France reserves itself the right
not to establish jurisdiction when the offence is committed outside the territorial
jurisdiction of any State. France declares also that, whenever the offence is punishable
under criminal law where it has been committed, proceedings shall be instituted only
upon request from the public prosecutor and must be preceded by a complaint from the
victim or his/her beneficiaries or by an official complaint from the authorities of
the State where the act was committed (Article 22, paragraph1.d).
In accordance with Article 24 of the Convention, France declares that:
- the Ministry for Foreign Affairs is the authority responsible for making or receiving
requests for extradition in the absence of a treaty (Ministère des Affaires étrangères,
[…]);
- the territorially competent State Prosecutor shall be the authority responsible
for making or receiving requests for provisional arrest in the absence of a treaty.
In accordance with Article 27 of the Convention, France declares that, even in cases
of urgency :
- requests for mutual assistance from the French judiciary authorities and directed
to foreign judiciary authorities are transmitted through the Ministry of Justice (Ministère
de la Justice, […]);
- requests for mutual assistance from foreign judiciary authorities and directed to
the French judiciary authorities are transmitted through diplomatic channel (Ministère
des Affaires étrangères, […]).
In accordance with Article 35 of the Convention, France designates as point of contact
the "Office central de lutte contre la criminalité liée aux technologies de l'information
et de la communication" ([…]). (Information updated 07-07-2010)
Georgië
06-06-2012
In accordance with Article 6, paragraph 3, of the Convention, Georgia declares that
criminal liability for acts provided for by Article 6, paragraph 1(a), can be imposed
where a device, including a computer program, is designed or can be adapted for the
purpose of commiting acts under Articles 2 to 5 of the Convention.
In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention, Georgia
declares that the central authority responsible for making or receiving requests for
extradition or provisional arrest in the absence of a treaty is:
Ministry of Justice of Georgia
[…]
In accordance with the Article 27, paragraph 2, sub-paragraph c, of the Convention,
Georgia declares that the central authority responsible for sending and answering
requests for mutual assistance, the execution of such requests or their transmission
to the authorities competent for their execution is:
Ministry of Justice of Georgia
[…]
In accordance with Article 35, paragraph 1, of the Convention, Georgia designates
the following as the national point of contact for cooperation in combating cybercrime,
available on a 24/7 basis:
Ministry of Internal Affairs of Georgia
Criminal Police Department
[…]
In accordance with Article 40 and Article 27, paragraph 9, sub-paragraph e, of the
Convention, Georgia declares that, for reasons of efficiency, requests for mutual
assistance made under Article 27, paragraph 9, are to be addressed to its central
authority.
Ghana
03-12-2018
The Ghanaian competent authority as provided for by Article 24 (7) of the Convention
is:
The Attorney-General’s Department
Office of the Attorney-General and Ministry of Justice
The Ghanaian competent authority as provided for by Article 27 (2) of the Convention
is:
The Attorney-General’s Department
Office of the Attorney-General and Ministry of Justice
The Ghanaian competent authorities as provided for by Article 27 (2) of the Convention
are:
The National Cyber Security Centre (NCSC)
Ghana Emergency Command Centre
Bureau of National Communications (BNC)
National Security Council Secretariat
Grenada
22-04-2024
In accordance with Article 24, paragraph 7, of the Convention, Grenada declares that
the name and address of the authorities responsible for making or receiving requests
for extradition or provisional arrest in the absence of a treaty is:
Attorney General’s Chambers
Ministry of Legal Affairs, Labour and Consumer Affairs
[…]
In accordance with Article 27, paragraph 2, of the Convention, Grenada declares that
the central authority responsible for sending and answering requests for mutual assistance
and for their transmission to the authorities competent for their execution is:
Ministry of Foreign Affairs
[…]
In accordance with Article 35 of the Convention, Grenada designates as point of contact
available on a twenty-four hours, seven-days-a-week the following Department:
Digital Forensic Unit
Royal Grenada Police Force
[…]
Griekenland
25-01-2017
In accordance with Article 42 and Article 14, paragraph 3, of the Convention, the
Hellenic Republic reserves the right to apply the measures referred to in Article
20 (Real-time collection of traffic data) only to offences to which the measures referred
to in Article 21 (interception of content data) apply.
In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the
Hellenic Republic reserves the right to refuse a request for preservation under Article
29 in cases where the condition of dual criminality is not fulfilled.
The Hellenic Republic designates as the authority responsible under Article 24 and
27 of the Convention for making or receiving requests for extradition or provisional
arrest in the absence of a treaty and for sending and answering requests for mutual
assistance and for the execution of such requests or their transmission to the competent
authorities, the following authority:
Ministry of Justice, Transparency and Human Rights
Directorate of Legislative Work, International Relations and International Judicial
Co-operation
Department of International Judicial Co-operation in Civil and Criminal Cases
The Hellenic Republic designates as a point of contact available on a twenty-four
hour, seven-days-a-week basis in accordance with Article 35 of the Convention:
Hellenic Police Headquarters / Cyber-crime Division
Hongarije
04-12-2003
In accordance with Article 9, paragraph 4, the Republic of Hungary reserves the right
not to apply Article 9, paragraph 2, sub-paragraph b.
In accordance with Article 27, paragraph 9, sub-paragraph e, the Republic of Hungary
informs that, for reasons of efficiency, requests made under this paragraph are to
be addressed to its central authority, due to practical reasons.
In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention, the
Republic of Hungary communicates that the Ministry of Justice is responsible for making
or receiving requests for extradition or provisional arrest in the absence of a treaty.
The National Central Bureau of Interpol is only responsible for making or receiving
requests for provisional arrest.
In accordance with Article 27, paragraph 2, sub-paragraphs a and c, the Republic of
Hungary communicates that, regarding requests delivered before starting the criminal
procedure, the designated central authority is:
. the Hungarian National Police International Implementing Co-operation Centre
[…]
Regarding requests delivered after starting the criminal procedure, the designated
central authority is:
. the General Prosecutor's Office of the Republic of Hungary
[…]
In accordance with Article 35, the Republic of Hungary communicates that the designated
point of contact available on a twenty-four hour, seven-day-a-week basis is the Hungarian
National Police International Implementing Co-operation Centre.
IJsland
29-01-2007
Pursuant to Article 9, paragraph 4, of the Convention, Iceland reserves the right
not to apply Article 9, paragraph 2, letters b and c, of the Convention.
In accordance with Article 24, paragraph 7, of the Convention, the Government of Iceland
has designated the Ministry of Justice, Skuggasundi, 150 Reykjavík, Iceland, as the
authority responsible for the making or receipt of a request for extradition or provisional
arrest in the absence of a treaty.
In accordance with Article 27, paragraph 2.c, of the Convention, the Government of
Iceland has designated the Ministry of Justice, Skuggasundi, 150 Reykjavík, Iceland,
as the authority responsible for sending and answering requests for mutual assistance,
the execution of such requests, or the transmission of them to the authorities competent
for their execution.
In accordance with Article 35 of the Convention, the the Government of Iceland has
designated the National Commissioner of the Icelandic Police (Ríkislögreglustjórinn),
Skúlagata 21, 101 Reykjavík, Iceland, as the point of contact available on a 24 hours,
7 days per week basis in order to ensure the provision of immediate assistance for
the purpose of investigations or proceedings concerning criminal offences related
to computer systems and data, or for the collection of evidence in electronic form
of a criminal offence.
12-12-2012
Iceland declares that it withdraws its reservation made on 29 January 2007 with respect
to Article 9, paragraph 2, letters b and c, of the Convention.
Change of competent authority:
(Articles 24 and 27)
Ministry of the Interior
Sölvhólsgötu 7
150 Reykjavík
Israël
09-05-2016
In accordance with Article 6, paragraph 3, and Article 42 of the Convention, the State
of Israel reserves the right not to apply Article 6, paragraph 1, when the offence
concerns procurement for use or import, as they refer to Article 6, paragraphs 1.a.i
and 1.a.ii.
In accordance with Article 6, paragraph 3, and Article 42 of the Convention, the State
of Israel reserves the right not to apply Article 6, paragraph 1.b, regarding the
possession of items designated in paragraph 1.a.ii.
In accordance with Article 9, paragraph 4, and Article 42 of the Convention, for the
purposes of Article 9, paragraphs 1.a and 1.e, the State of Israel reserves the right
not to apply Article 9, paragraph 2.b.
In accordance with Article 9, paragraph 4, and Article 42 of the Convention, the State
of Israel reserves the right not to apply Article 9, paragraph 1.d.
In accordance with Article 10, paragraph 3, and Article 42 of the Convention, the
State of Israel reserves the right not to impose criminal liability broader than provided
for in the TRIPS Agreement.
In accordance with Article 14, paragraph 3, and Article 42 of the Convention, the
State of Israel reserves the right to apply the measures referred to in Article 21
only to offences defined as felonies in the Israeli Penal Law 1977.
In accordance with Article 22, paragraph 2, and Article 42 of the Convention, the
State of Israel reserves the right not to apply Article 22, paragraph 1.d, unless
the offence is punishable under criminal law in the country where it was committed,
in accordance with the limits of dual criminality and with the approval of the Attorney
General of Israel.
In accordance with Article 29, paragraph 4, and Article 42 of the Convention, in respect
of offences other than those established in accordance with Articles 2 through 11
of the Convention, the State of Israel reserves the right to refuse the request for
preservation under Article 29 in cases where it has reasons to believe that at the
time of disclosure the condition of dual criminality cannot be fulfilled.
The Israeli competent authority, in accordance with Article 24, paragraph 7.a, of
the Convention, responsible for making or receiving requests for extradition or provisional
arrests in the absence of a treaty, is:
Department of International Affairs,
Israeli State attorney's office.
The Ministry of Justice.
[…]
The Israeli competent authority, in accordance with Article 27, paragraphs 2.a and
c, of the Convention, responsible for sending and answering requests for mutual assistance,
is:
Legal Assistance to Foreign Countries department
Office of the Legal Advisor,
The Administration of Courts
[…]
The Israeli competent authority, in accordance with Article 35, paragraph 1, of the
Convention, designated as Point of contact available on a twenty-four-hour, seven-day-a-week
basis, for provision of immediate assistance for the purpose of investigations or
proceedings concerning criminal offences related to computer system and data, or for
the collection of evidence in electronic form of criminal offence is:
LAHAV 433 UNIT (National Unit),
the Israel Police
[…]
Italië
05-06-2008
In accordance with Article 24, paragraph 7, and Article 27, paragraph 2, of the Convention,
the Italian Republic declares that the Minister of Justice of the Italian Republic
is designated as the competent authority:
Ministry of Justice
Department for Affairs of Justice
Directorate General of Criminal Justice
Office II (International Judicial Cooperation)
[…]
In accordance with Article 35 of the Convention, the Italian Republic notifies that
the point of contact is to be determined by the Minister of the Interior, in concertation
with the Minister of Justice.
22-06-2009
In accordance with Article 35 of the Convention, Italy designates as point of contact
for the purposes of the Convention:
Mr Giuseppe Corasaniti
District Attorney
Rome
[…]
09-06-2010
In accordance with Article 35, paragraph 1, of the Convention, Italy designates the
"Servizio Polizia Postale e delle Comunicazioni" of the Ministry of Interior as point
of contact for the network 24/7. The contact details of the Service are :
Servizio Polizia Postale e delle Comunicazioni
[…]
Ivoorkust
29-07-2024
In accordance with Article 24, Article 27 and Article 35 of the Convention on Cybercrime,
the
Government of the Republic of Côte d’Ivoire designates the following competent authorities:
– with regard to Article 24, paragraph 7.a:
Direction des Affaires Civiles et Pénales
Ministère de la Justice et des Droits de l’Homme
[...]
– with regard to Article 27, paragraph 2:
Capitaine de Police KAKOU Kouadio Symphorien
Chef du Service Informatique du BCN-INTERPOL Abidjan
Responsable des infraction pénales financières liées aux NTIC
[...]
– with regard to Article 35:
Lieutenant-Colonel de Gendarmerie SAMASSI Aly
Sous-Directeur informatique à la Direction de l’Informatique et des Traces Technologiques
[...]
Japan
03-07-2012
In accordance with Article 42 and Article 6 (Misuse of devices), paragraph 3 of the
Convention, the Government of Japan reserves the right not to apply Article 6, paragraph
1, except for:
(a) the offences set forth in Article 168-2 (Creation of electromagnetic record of
unauthorised commands) or Article 168-3 (Obtainment of electromagnetic record of unauthorised
commands) of the Penal code (Law No. 45, 1907);
(b) the offences set forth in Article 4 (Prohibition of acts of unauthorised obtainment
of another person's identification code), Article 5 (Prohibition of acts of facilitating
unauthorised computer access) or Article 6 (Prohibition of acts of unauthorised storage
of another person's identification code) of the Act on the Prohibition of Unauthorised
Computer Access (Law No. 128, 1999).
In accordance with Article 42 and Article 9 (Offences related to child pornography),
paragraph 4 of the Convention, the Government of Japan reserves the right not to apply
Article 9, paragraph 1.d and e and paragraph 2.b and c, except for the offences set
forth in Article 7 (Provision of child pornography and other related activities) of
the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography,
and the Protection of Children (Law No. 52, 1999).
In accordance with Article 42 and Article 11 (Attempt and aiding or abetting), paragraph
3 of the Convention, the Government of Japan reserves the right not to apply Article
11, paragraph 2 to the offences established pursuant to Article 4, Article 5, Article
7 and Article 9, paragraph 1.a and c, except for the offences set forth in Article
168-2 (Creation of electromagnetic record of unauthorised commands) or Article 234-2
(Obstruction of business by damaging a computer) of the Penal Code.
In accordance with Article 42 and Article 22 (Jurisdiction), paragraph 2 of the Convention,
the Government of Japan reserves the right not to apply the jurisdiction rules laid
down in Article 22, paragraph 1.d to the offences established pursuant to Article
6, paragraph 1.a.ii of the Convention as far as the offences set forth in Article
13 (Prohibition of acts of facilitating unauthorised computer access without knowing
the purpose of unauthorized computer access of the obtainer) of the Act of Prohibition
of Unauthorised Computer Access are concerned.
In accordance with Article 42 and Article 29 (Expedited preservation of stored computer
data), paragraph 4 of the Convention, the Government of Japan reserves the right to
refuse the request for preservation under Article 29 in cases where it has reasons
to believe that at the time of disclosure the condition of dual criminality cannot
be fulfilled.
In accordance with Article 40 and Article 2 (Illegal access) of the Convention, the
Government of Japan requires that the offences established pursuant to Article 2 be
commited by infringing security measures and in relation to a computer system that
is connected to another computer system.
In accordance with Article 40 and Article 3 (Illegal interception) of the Convention,
the Government of Japan requires that the offences established pursuant to Article
3 be committed in relation to a computer system that is connected to another computer
system, and that, in addition, be committed with dishonest intent as far as the offences
set forth in Article 109-2 (Decoding the content of cipher communications) of the
Radio Law (Law No. 131, 1950) are concerned.
In accordance with Article 40 and Article 27 (Procedures pertaining to mutual assistance
requests in the absence of applicable international agreements), paragraph 9.e of
the Convention, for reasons of efficiency, requests made to the Government of Japan
under the said paragraph are to be addressed to the central authorities of the Government
of Japan.
Pursuant to Article 24 (Extradition), paragraph 7.a of the Convention, the Government
of Japan notifies that:
The Minister for Foreign Affairs
[…]
is the authority responsible for making or receiving requests for extradition or provisional
arrests in the absence of a treaty
Pursuant to Article 27 (Procedures pertaining to mutual assistance requests in the
absence of applicable international agreements), paragraph 2.a and c of the Convention,
the Government of Japan designates, a) as the authorities responsible for answering
requests for mutual assistance:
The Minister of Justice
or the person designated by the Minister (Director of International Affairs Division)
Criminal Affairs Bureau
Ministry of Justice
[…]
b) as the authorities responsible for sending requests for mutual assistance:
The Minister of Justice
or the person designated by the Minister (Director of International Affairs Division)
and
The National Public Safety Commission
or the person designated by the Commission (Director of International Investigative
Operations Division)
Organized Crime Department
National Police Agency
[…]
Pursuant to Article 35 (24/7 Network), paragraph 1 of the Convention, the Government
of Japan designates as a point of contact available on a twenty-four hour, seven-day-a-week
basis:
The International Investigative Operations Division
Organized Crime Department
National Police Agency
[…]
Kaapverdië
19-06-2018
In accordance with Article 24, 27 and 35 of the Convention, the Republic of Cabo Verde
designates the following authorities mainly responsible for making or receiving requests
for extradition or for mutual assistance with another State Party:
Central authority:
Attorney General’s Office, Central Department of Cooperation and Compared Law
Point of contact 24/7 network
International Cooperation Office of the National Direction of Criminal Police
and
Central Department of Cooperation and Compared Law
Kameroen
15-12-2023
Pursuant to Articles 24, 27 and 35 of the Convention, the Government of the Republic
of Cameroon
declares that:
- The Ministry of Justice and the Ministry of External Relations are the authorities
responsible
for extradition (Art. 24);
- The Ministry of Justice and the Ministry of External Relations are the authorities
responsible
for requests for mutual assistance (Art. 27);
- The Ministry of External Relations and the Ministry of Post and Telecommunications
are the
point of contact 24/7 (Art. 35).
Kiribati
20-06-2024
In accordance with Article 24, paragraph 7, of the Convention, Kiribati declares that
the name and address of the authorities responsible for making or receiving request
for extradition are:
Primary: The Attorney General – Office of the Attorney General
[…]
Secondary: Criminal Investigation Division, Interpol and Cybercrime Unit – Kiribati
Police Service
[…]
In accordance with Article 27, paragraph 2, of the Convention, Kiribati declares that
the central authority responsible for sending and answering requests for mutual assistance
and their transmission to the authorities competent for their execution is:
The Attorney General – Office of the Attorney General
[…]
In accordance with Article 35 of the Convention, Kiribati designates as a point of
contact available on a twenty-four hour, seven-day-a-week basis the following:
Criminal Investigation Division, Interpol and Cybercrime Unit – Kiribati Police Service
[…]
Kroatië
09-01-2009
In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35,
paragraph 1, of the Convention on Cybercrime, Croatia designates as the competent
authorities for the purposes of the Convention:
Articles 24 and 27: the Ministry of Justice, […].
Article 35: the Ministry of interior, Police - Directorate for crime […].
Letland
03-07-2007
In accordance with Article 22, paragraph 2, of the Convention, the Republic of Latvia
reserves the right not to establish its jurisdiction over any offence established
in accordance with Articles 2 through 11 of the Convention when the offence is committed
by one of its nationals, if the offence is punishable under criminal law where it
was committed.
In accordance with Article 29, paragraph 4, of the Convention, the Republic of Latvia
reserves the right to refuse the request for preservation under this article in cases
where it has reasons to believe that at the time of disclosure the condition of dual
criminality cannot be fulfilled.
In accordance with Article 24, paragraph 7.a, of the Convention, the Republic of Latvia
declares that the authority responsible for making or receiving requests for extradition
or provisional arrest in the absence of a treaty is :
Prosecutor General Office
[…]
In accordance with Article 27, paragraph 2.c, of the Convention, the Republic of Latvia
declares that the authority responsible for sending and answering requests for mutual
assistance, the execution of such requests or their transmission to the authorities
competent for their execution is:
Ministry of Justice
[…]
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Latvia
declares that the point of contact is :
International Cooperation Department of Central Criminal Police Department of State
Police
[…]
16-09-2010
Updating of contact information:
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Latvia
declares that the point of contact is :
International Cooperation Department of the Central Criminal Police Department of
the State Police
02-12-2011
In accordance with Article 43 of the Convention, the Republic of Latvia withdraws its reservation to Article 22 contained in the instrument of ratification deposited on 14 February 2007 and completed by a letter from the Ministry of Foreign Affairs dated 31 May 2007.
Liechtenstein
27-01-2016
In accordance with Article 14, paragraph 3, of the Convention, Liechtenstein reserves
the right to apply the measures referred to in Article 20 only to crimes and offences
that are punishable by imprisonment for more than one year, as they are defined by
the Liechtenstein Criminal Code.
Liechtenstein will, in accordance with Article 29, paragraph 4, of the Convention,
refuse a request for mutual assistance to order the preservation of stored computer
data, as provided for under Article 16 of the Convention, if the condition of dual
criminality is not fulfilled; this does not apply to the offences established in accordance
with Articles 2 through 11 of this Convention.
Liechtenstein declares that according to Article 24, paragraph 7, of the Convention,
the member of Government responsible for the Ministry of Justice decides about sending
and receiving requests for extradition or provisional arrest.
In accordance with Article 27, paragraph 2, of the Convention, the Office of Justice
is the authority responsible for sending and receiving legal requests for mutual assistance:
Office of Justice of the Principality of Liechtenstein
[…]
Liechtenstein declares that mutual assistance requests and annexed documents are,
if they are not in German language, be accompanied by a translation into German or
English.
Liechtenstein declares that in case of emergency, within the context of Article 27,
paragraph 9, of the Convention, the Office of Justice, […], is the central authority
to which all requests to Liechtenstein for mutual assistance must be addressed.
Liechtenstein declares that the following authority has been designated as point of
contact pursuant to Article 35 of the Convention:
International Police Cooperation
Liechtenstein
National Police
[…]
24 hours a day, 7 days a week
Litouwen
10-05-2004
Reservations
In accordance with Article 42 and Article 4, pararaph 2, of the Convention, the Republic
of Lithuania declares that criminal liability occurs if the acts described in Article
4 of the Convention result in serious harm.
In accordance with Article 42 and Article 29, pararaph 4, of the Convention, the Republic
of Lithuania declares that it reserves the right to refuse to execute the request
for preservation of the data in cases where there is reason to believe that at the
time of disclosure the offence, on which the request for preservation of the data
is based, is not considered as a crime by the laws of the Republic of Lithuania.
Declarations
In accordance with Article 40 and Article 2 of the Convention, the Republic of Lithuania
declares that criminal liability for the act described in Article 2 of the Convention
occurs upon access to the whole or any part of a computer system without right by
infringing security measures of a computer or a computer network.
Pursuant to Article 24, paragraph 7, sub-paragraph a, of the Convention, the Republic
of Lithuania declares that the Ministry of Justice and the General Prosecutor's Office
of the Republic of Lithuania are designated as responsible authorities to perform
the functions mentioned in Article 24, paragraph 7, sub-paragraph a.
Pursuant to Article 27, paragraph 2, sub-paragraph a, of the Convention, the Republic
of Lithuania declares that the Ministry of Justice and the General Prosecutor's Office
of the Republic of Lithuania are designated as central authorities to perform the
functions mentioned in Article 27.
Pursuant to Article 35, paragraph 1, of the Convention, the Republic of Lithuania
declares that the Police Department under the Ministry of the Interior of the Republic
of Lithuania is designated as a competent authority to perform the functions mentioned
in Article 35.
Pursuant to Article 40 and Article 27, paragraph 9, sub-paragraph e, of the Convention,
the Republic of Lithuania declares that, for reasons of efficiency, requests for mutual
assistance made under Article 27, paragraph 9, are to be addressed to the above-designated
central authorities.
Luxemburg
16-10-2014
The Government of Luxembourg designates the following autorities:
1) Article 24 - Extradition
The Minister of Justice
[…] Administrative Center Pierre Werner
[…]
2) Article 27 - Mutual assistance requests
The Prosecutor's Office of the Grand Duchy of Luxembourg
Cité Judiciaire
Buildings CR and BC
[…]
3) Article 35 - 24/7 Network
Prosecutor's Office of the district Court of Luxembourg
Cité Judiciaire
Building PL
[…]
Permanence Prosecutor's Office:
Week-days: 9:00 - 17:00: direct line: +352 - 47 40 76
Week-days: 17:00 - 9:00: Police central 113, who will notify the magistrate on duty.
Week-end and bank holiday: 113
[…]
Malta
12-04-2012
In accordance with Article 24, paragraph 7, of the Convention on Cybercrime, Malta
designates as authority responsible for the making or receipt of a request for extradition
or provisional arrest in the absence of a treaty:
The Ministry for Justice
Office of the Prime Minister
Auberge de Castille
[…]
In accordance with the provisions of Article 27, paragraphs 2 and 9.e, of the Convention
on Cybercrime, Malta designates as central authority:
The Office of the Attorney General
The Palace
[…]
In accordance with the provisions of Article 35 of the Convention on Cybercrime, Malta
declares that the contact point for the 24/7 network is:
The Cybercrime Unit
Malta Police
Police General Headquarters
[…]
Marokko
29-06-2018
In accordance with Article 24 (24.7.a and 24.7.b) and Article 27 of the Convention,
the Government of Morocco declares that the authority responsible for making or receiving
requests for extradition or provisional arrest and requests for mutual assistance,
in the absence of a treaty, is:
Ministry of Justice
Direction des Affaires Pénales et des Grâces
In accordance with Article 35 of the Convention, the Government of Morocco declares
that the points of contact 24/7 designated for the purpose of investigations related
to Cybercrime are:
Bureau Central National d’Interpol Rabat
Direction de la Police Judiciaire,
Direction Générale de la Sûreté Nationale, Rabat
and
Présidence du Parquet Général
Pôle de Suivi des Affaires Pénales et de la Protection des Catégories Spéciales
Mauritius
15-11-2013
In line with the relevant provisions of the Convention on Cybercrime, the Ministry
of Foreign Affairs, Regional Integration and International Trade of the Republic of
Mauritius wishes to inform of the following designations by the authorities in Mauritius:
As per Article 24, paragraph 7(a), the Prime Minister's Office, Government Centre,
Port Louis, as the authority responsible for making or receiving requests for extradition
or provisional arrest in the absence of a treaty.
As per Article 27, paragraph 2, the central authorities responsible for sending and
answering requests for mutual assistance, the execution of such requests or their
transmission to the authorities competent for their execution will be:
a) the Ministry of Information and Communication Technology, […];
b) the Information and Communication Technologies Authority, […];
c) the Mauritius Police Force, Line Barracks, […].
As per Article 35, Mrs Bhooneshwari Kissoon-Luckputtya, Assistant Permanent Secretary,
will be the focal point and contact available on a 24-hour, seven-day basis, in order
to ensure the provision of immediate assistance for the purpose of investigations
or proceedings concerning criminal offences related to computer systems and data etc.
[…]
Moldavië
12-05-2009
1.In accordance with Article 24, paragraph 7, sub-paragraph a, and with Article 27,
paragraph 2, sub-paragraph c of the Convention, the Republic of Moldova declares that
the following authorities are responsible for receiving and making requests for mutual
assistance, extradition or provisional arrest:
a) Office of the Prosecutor General - for the requests for mutual assistance, extradition
or provisional arrest formulated in the phase of penal prosecution.
Address: 26, Banulescu - Bodoni str., MD-2012 Chisinau, Republic of Moldova. Tel:
(+37322) 221 470; Fax (+373 22) 212 032.
b) Ministry of Justice - for the requests for mutual assistance, extradition or provisional
arrest formulated in the judiciary phase of the execution of punishment.
Address: 82, 31 August 1989 str., MD-2012 Chisinau, Republic of Moldova. Tel: (+37322)
234 795; Fax (+373 22) 234 797.
2.Pursuant to Article 27, paragraph 9, sub-paragraph e of the Convention, the Republic
of Moldova declares that all the requests formulated in the phase of penal prosecution
are to be addressed to the Office of the Prosecutor General, whilst those formulated
in the judiciary phase or in the phase of the execution of punishment are to be addressed
to the Ministry of Justice.
3.In accordance with Article 35, paragraph 1 of the Convention, Mr. Octavian BUSUIOC,
Direction of Prevention and Combating of Cybernetic, Information and Transnational
Offences of the Ministry of Internal Affairs, is designated as the point of contact
responsible for ensuring immediate and permanent international co-operation in the
field of combating cybercrime.
Address: 14, Bucuriei str., MD-2004 Chisinau, Republic of Moldova. Tel: (+37322) 577
262; Fax (+373 22) 577 278.
4.In accordance with Article 38, paragraph 1 of the Convention, the Republic of Moldova
specifies that the provisions of the Convention will be applied only on the territory
controlled effectively by the authorities of the Republic of Moldova.
Monaco
17-03-2017
In accordance with Article 24, paragraph 7, of the Convention, the Principality of
Monaco declares that the authority responsible for making or receiving requests for
extradition or provisional arrest in the absence of a treaty is:
The Directorate of Judicial Services
In accordance with Article 27, paragraph 2, of the Convention, the Principality of
Monaco declares that the authority responsible for sending and answering requests
for mutual assistance and for their transmission to the authorities competent for
their execution is:
The Directorate of Judicial Services
In accordance with Article 35 of the Convention, the Principality of Monaco designates
as point of contact available on a twenty-four hour, seven-day-a-week basis the following
service:
International Cooperation Service
Directorate of Public Security of Monaco
17-10-2017
Monaco communicates the following precisions regarding the point of contact available
on a twenty-four hour, seven-day-a-week basis, in accordance with Article 35 of the
Convention on Cybercrime:
Description of the point of contact:
INTERPOL Office
Head of Section of international Cooperation
Judicial Police Division
Communication languages: French - English.
Information to be communicated by foreign judicial authorities:
Qualification of the offence (ex. terrorism, organised crime, fraud, moral or personal
offences, invasion of privacy) and judicial framework (ex. preliminary investigation,
reference to prosecuting authorities or investigating Judge, international investigation
with international letters rogatory).
Time zone: H24 but preferably time zone Paris - 9:00 to 18:00
Other information susceptible to favour the cooperation:
Precisely specify technical information, logs and any e-mail address, internet link
relevant to the current investigation.
Montenegro
03-03-2010
In accordance with Article 9, paragraph 4, and with regard to Article 9, paragraph
1, item e, of the Convention, Montenegro declares that obtaining child pornography
through computer systems for oneself and other persons and possession of child pornography
in computer systems or on mediums for storage of computer data shall not be considered
offences in case the person displayed in these materials turned fourteen years of
age and gave his/her consent.
In accordance with Article 9, paragraph 4, and with regard to Article 9, paragraph
2, item b, of the Convention, Montenegro declares that materials which visually display
face by which it can be concluded that the person is a minor engaged in an explicit
act as stated in Article 9, paragraph 2, item b, of this Convention shall not be considered
child pornography.
In accordance with Article 14, paragraph 3, and with regard to Article 20, of the
Convention, Montenegro declares that measures from Article 20 of the Convention shall
be applied solely on the basis of the decision of a competent Montenegrin court, if
it is necessary for conducting a criminal procedure or for reasons of safety in Montenegro.
In accordance with Article 24, paragraph 7, of the Convention, Montenegro declares
that the authority responsible for making and receiving requests for extradition in
the absence of an agreement is the Ministry of Justice of Montenegro, […], while the
authority responsible for making and receiving requests for provisional arrest in
the absence of an agreement is the NCB Interpol in Podgorica, […].
In accordance with Article 27, paragraph 2, of the Convention, Montenegro declares
that the central authority designated for sending and answering requests for mutual
assistance, the execution of such requests or their transmission to the authorities
competent for their execution in the absence of an agreement is the Ministry of Justice
of Montenegro, […].
03-03-2010
In accordance with Article 6, paragraph 2, item a, and Article 12, paragraph 3, of the Additional Protocol, Montenegro requires that the denial or the gross minimization, approval or justification of acts constituting genocide or crimes against humanity, be committed with the intent to incite hatred, discrimination or violence against an individual or group of individuals based on race, color, descent or national or ethnic origin, as well as religion if used as pretext for any of these factors, or otherwise.
Nederlanden, het Koninkrijk der
16-11-2006
In accordance with Article 24, paragraph 7, of the Convention, the authority designated
by the Netherlands is:
The Ministry of Justice
Office of International Legal Assistance in Criminal Matters
[…]
In accordance with Article 27, paragraph 2.c, of the Convention, the central authority
designated by the Netherlands is:
Landelijk Parket van het openbaar ministerie
(National office of the public prosecution service)
[…]
In accordance with Article 35 of the Convention, the point of contact designated by
the Netherlands is:
Landelijk Parket van het openbaar ministerie
(National office of the public prosecution service)
[…]
27-06-2024
In accordance with Article 38, paragraph 2, of the Convention on Cybercrime, the Kingdom
of the Netherlands declares that it accepts the said Convention for Curaçao.
In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35
of the Convention on Cybercrime, the Kingdom of the Netherlands declares that the
central authority and point of contact 24/7 designated by Curaçao is:
National Central Bureau of INTERPOL Curaçao
[…]
Nigeria
06-07-2022
Pursuant to Articles 10 and 42 of the Convention, Nigeria reserves the right to impose
other effective remedies in lieu of criminal liability under Article 10, paragraphs
1 and 2, to the extent the criminalization of such infringements is not required pursuant
to the obligations Nigeria has undertaken under the agreements referenced in paragraphs
1 and 2.
In accordance with Article 14, paragraph 3, and Article 42 of the Convention, Nigeria
reserves the right to apply the measures referred to in Articles 20 to 21 only on
the basis of religious offences or the decision of a competent court, if it is necessary
for conducting a criminal investigation or for reasons of safety in Nigeria.
In accordance with Article 29, paragraph 4, of the Convention, Nigeria reserves the
right not to apply Article 29 where execution of the request for preservation requires
the exercise of coercive powers and where dual criminality cannot be established.
Pursuant to Articles 41 and 42 of the convention, Nigeria reserves the right to assume
obligations under Chapter II of the Convention in a manner consistent with its fundamental
principles of federalism.
Pursuant to Article 24, paragraph 7, and Article 27, paragraph 2, of the Convention,
the designated Nigerian competent authority responsible for sending and answering
requests for mutual assistance, the execution of such requests or their transmission
to the authorities competent for their execution and extradition is: Central Authority
Unit, Office of the Honourable Attorney General of the Federation and Minister of
Justice [...].
Pursuant to Article 35 to the Convention, the Nigerian competent authorities designated
as the point of contact available on a twenty-for hour, seven-day-a-week basis to
ensure the provision of immediate assistance under the Convention are:
(i) Nigeria Police Force – National Cybercrime Center, Force Criminal Investigation
Department [...];
(ii) Cybercrime Prosecution Unit, Office of the Honourable Attorney General of the
Federation and Minister of Justice [...].
Noord-Macedonië
29-11-2004
In accordance with Article 24, paragraph 7, sub-paragraph a, of the Convention, the
Republic of Macedonia declares that the Ministry of Justice of the Republic of Macedonia
is designated as responsible authority to perform the functions mentioned in Article
24, paragraph 7, sub-paragraph a.
In accordance with Article 27, paragraph 2, sub-paragraph a, of the Convention, the
Republic of Macedonia declares that the Ministry of Justice of the Republic of Macedonia
is designated as central authority to perform the functions mentioned in Article 27.
13-10-2006
The 24/7 Network point of contact designated by the Republic of Macedonia is:
[…]
Department for Fight against Crime and Corruption
Office of Public Prosecutor
[…]
Noorwegen
30-06-2006
Pursuant to Article 6, paragraph 3, of the Convention, the Government of the Kingdom
of Norway reserves the right not to apply Article 6, paragraph 1.a.i, of the Convention.
Pursuant to Article 14, paragraph 3, of the Convention, the Government of the Kingdom
of Norway, reserves the right not to apply the measures referred to in Article 20
- Real-time collection of traffic data, in cases of less serious offences.
Clarification of what is meant by "less serious offences"
Pursuant to Article 14, paragraph 3, the Parties may reserve the right to apply the
measures set out in Article 20 only to offences or categories of offences specified
in the reservation. It is indicated in the Norwegian reservation, that Norway does
not wish to allow the collection of traffic data in real time in connection with minor
offences.
Section 216b of the Norwegian Criminal Procedure Act provides for the collection of
traffic data in cases where there is just cause for suspecting a person of having
committed an offence, or of having attempted to commit an offence, that is punishable
by imprisonment for a term of five years or more, or of having contravened specific
penal provisions.
The use of various types of communication control and other privacy-invasive coercive
measures is primarily restricted to cases involving serious offences, where serious
offences are defined as carrying a penalty of five or more years' imprisonment.
Clarification of the relationship between the reservation and the application of Articles
20 and 21 in Norwegian law
The right to apply the measures referred to in Article 20 only to offences specified
in the reservation is conditional on the range of offences to which Article 20 is
applied not being more restricted than the range of offences to which the measures
referred to in Article 21 apply. The condition set out in Article 14 must be interpreted
to mean that the range of offences for which traffic data may be collected in real
time must not be more restricted than the range of offences for which interception
of content data is permitted.
Article 21 (Interception of content data) is governed in Norwegian law by section
216a of the Criminal Procedure Act, and Article 20 by section 216b of the Criminal
Procedure Act. Section 216a has a prescribed penalty limit of ten or more years' imprisonment,
while section 216b has a prescribed penalty limit of five years' imprisonment. This
means that section 216a applies to a narrower range of offences than section 216b,
and the condition of Article 14 is thus fulfilled. Norway is therefore entitled to
enter a reservation in accordance with Article 14.
Pursuant to Article 29, paragraph 4, of the Convention, the Government of the Kingdom
of Norway reserves the right to refuse the request for preservation under this article
in cases where it has reasons to believe that at the time of disclosure the condition
of dual criminality cannot be fulfilled.
In accordance with Article 24 of the Convention, the Norwegian authority responsible
for making or receiving requests for extradition is The Royal Ministry of Justice
and the Police, […].
In accordance with Article 27 of the Convention, the Norwegian authority designated
is the National Criminal Investigation Service (KRIPOS). […].
09-07-2010
In accordance with Articles 27 and 35 of the Convention, the Norwegian authority designated
is the:
KRIPOS National Criminal Investigation Service (NCIS Norway)
High-Tech Crime Division
[…]
Oekraïne
10-03-2006
Ukraine reserves the right not to apply paragraph 1 of Article 6 of the Convention
concerning the establishment of criminal liability for the production, procurement
for use and otherwise making available for use of the objects designated in subparagraph
1.a.i., and also the production and procurement for use of the objects designated
in subparagraph 1.a. ii. of Article 6 of the Convention.
Ukraine reserves the right not to apply to the full extent subparagraphs 1.d and 1.e
of Article 9 of the Convention.
In accordance with Article 24, subparagraph 7.a, of the Convention, Ukraine declares
that the authorities empowered to perform the functions mentioned in paragraph 7 of
Article 24 of the Convention shall be the Ministry of Justice of Ukraine (concerning
court's inquiries) and the General Prosecutor's Office of Ukraine (concerning inquiries
of bodies of prejudicial inquiry).
In accordance with Article 27, subparagraph 2.c, of the Convention, Ukraine declares
that the authorities responsible for sending requests for mutual assistance, answering
them, their execution or their transfer to the empowered authorities shall be the
Ministry of Justice of Ukraine (concerning courts' commission) and the General Prosecutor's
Office of Ukraine (concerning commissions of bodies of prejudicial inquiry).
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, Protocols, Agreement, as applied to the aforementioned
occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility
of direct communication or interaction do not apply to the territorial organs of Ukraine
in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain
districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not
under control of Ukraine. The order of the relevant communication is determined by
the central authorities of Ukraine in Kyiv.
19-04-2022
The Permanent Representation of Ukraine to the Council of Europe presents its compliments
to the Secretary General of the Council of Europe and has the honour […] to inform
about the impossibility to guarantee the implementation by the Ukrainian Side in full
of its obligations under the above mentioned international treaties of Ukraine for
the period of the armed aggression of the Russian Federation against Ukraine and introduction
of martial law on the territory of Ukraine, until full termination of the infringement
of the sovereignty, territorial integrity and inviolability of borders of Ukraine.
07-12-2023
[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council
of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale
invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further
clarif[ies] that international treaties mentioned therein are implemented on the territory
of Ukraine in full, with the exception of the territories where hostilities are (were)
conducted, or temporarily occupied by the Russian Federation, on which it is impossible
to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the
relevant treaties as a result of the armed aggression of the Russian Federation against
Ukraine, as well as the introduction of martial law on the territory of Ukraine until
the complete cessation of encroachment on the sovereignty, territorial integrity and
inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
Oostenrijk
13-06-2012
Austria will, in accordance with Article 29, paragraph 4, of the Convention, refuse
a request for mutual assistance to order the preservation of stored computer data,
as provided for under Article 16 of the Convention, if the condition of dual criminality
is not fulfilled; this does not apply to the offences established in accordance with
Articles 2 through 11 of this Convention.
Austria declares that the following authority has been designated as responsible pursuant
to Articles 24, paragraph 7, and 27, paragraph 2, of the Convention on Cybercrime:
Bundesministerium für Justiz (Federal Ministry of Justice)
Abt. IV 4 Internationale Strafsachen (International Criminal Matters)
[…]
Austria declares that the following authority has been designated as point of contact
pursuant to Article 35 of the Convention:
Bundesministerium für Inneres (Federal Ministry of the Interior),
Bundeskriminalamt (Federal Criminal Police Office)
Büro 5.2 Cyber-Crime-Competence-Center
[…]
Panama
05-03-2014
In accordance with the provisions of Article 24, paragraph 7.a, of the Convention,
the authority responsible for making or receiving requests for extradition or provisional
detention is the Ministry of Foreign Affairs, with the following address:
Ministry of Foreign Affairs
General Directorate of Legal Affairs and Treaties
Bolívar Palace
[…].
In accordance with the provisions of Article 27, paragraph 2.a, of the Convention,
the Government of the Republic of Panama has designated the following central authorities
to submit, respond to and execute requests for mutual assistance:
Office of the Attorney General
Prosecutor's Office of International Affairs
[…]
Senior Prosecutor's Office specialised in crimes against Intellectual Property and
Information security,
[…]
In accordance with Article 35 - 24/7 Network, the Government of the Republic of Panama
has designated the Judicial Investigation Department of the National Police - INTERPOL
National Central Bureau - Panama, with the following address:
Judicial Investigation Unit
National Central Bureau of Interpol - Panama
[…]
Paraguay
30-07-2018
In accordance with Article 24.7a of the Convention, the Government of Paraguay declares
that the authority designated is:
Ministère Public
Direction des Affaires internationales et de Coopération juridique internationale
In accordance with Article 27.2a of the Convention, the Government of Paraguay declares
that the authority designated is:
Ministère Public
Unité Spécialisée Délits Informatiques
In accordance with Article 35 of the Convention, the Government of Paraguay declares
that the points of contact 24/7 designated for the purpose of investigations related
to Cybercrime is:
Ministère Public
Unité Spécialisée Délits Informatiques
14-06-2024
Pursuant to Articles 24 (Extradition) and 27 (Procedures pertaining to mutual assistance
requests) of the Convention on Cybercrime, the Republic of Paraguay updates the contact
information on its competent national authorities as follows:
Article 24
Public Prosecutor Manuel Doldan Breuer
[…]
Article 27
Public Prosecutor Manuel Doldan Breuer
[…]
Peru
26-08-2019
In accordance with Article 2 of the Convention on Cybercrime, the Republic of Peru
declares that its national law requires the offense of illegal access to be committed
in violation of security measures.
In accordance with Article 3 of the Convention on Cybercrime, the Republic of Peru
declares that its national law requires the offense of illegal interception is committed
with criminal intent and that such offense may be committed in relation to a computer
system connected to another computer system.
In accordance with Article 7 of the Convention on Cybercrime, the Republic of Peru
declares that it may require that a similar fraudulent or criminal intent exists,
in accordance with the provisions of its national law, so that the conduct described
in that article engenders a criminal responsibility.
In accordance with Article 27, paragraph 9, sub-paragraph (e) of the Convention on
Cybercrime, the Republic of Peru declares that in the interest of efficiency, the
requests made under provisions of Article 27, paragraph 9, of the Convention should
be addressed to its Central Authority.
In accordance with Article 6, paragraph 3, of the Convention on Cybercrime, the Republic
of Peru reserves the right not to apply Article 6, paragraph 1, sub-paragraph (b)
of the Convention.
In accordance with Article 9, paragraph 4, of the Convention on Cybercrime, the Republic
of Peru considers that the protected legal property in the national law with respect
to child pornography is the freedom and/or sexual indemnity of a minor, based on which
it makes a reservation to paragraph 2, sub-paragraphs b) and c) because the conducts
referred to in such provisions does not involve the participation of a minor
In accordance with Article 29, paragraph 4, of the Convention on Cybercrime, the Republic
of Peru reserves the right to refuse the request for preservation under this article
in case where it has reasons to believe that at the time of disclosure the condition
of dual criminality cannot be fulfilled.
The Republic of Peru declares that the following authority has been designated as
responsible pursuant to Article 24, paragraph 7, Article 27, paragraph 2 and Article
35 of the Convention on Cybercrime:
Unidad de Cooperación Judicial Internacional y Extraditiones del Ministerio Público
Polen
20-02-2015
Pursuant to Article 29, paragraph 4, of the Convention, the Republic of Poland reserves
that the execution of a request for mutual assistance regarding search or similar
access, seizure or similar securing, or disclosure of stored data, in respect of offences
other than those established in accordance with Articles 2 through 11 of this Convention,
shall be conditional on dual criminality of those offences.
Pursuant to Article 24, paragraph 7, of the Convention, the Republic of Poland declares
that the central authority responsible for making requests for extradition or provisional
arrest is:
– the Attorney General – regarding requests made in preparatory proceedings;
– the Ministry of Justice – regarding other requests.
Pursuant to Article 27, paragraph 2.a, of the Convention, the Republic of Poland declares
that the central authority responsible for sending or answering requests for mutual
assistance under the Convention is:
– the Attorney General – regarding requests pursued in preparatory proceedings;
– the Ministry of Justice – regarding other requests.
The Republic of Poland declares that the contact point referred to in Article 35 of
the Convention is the Unit for Supporting the Combating of Cybercrime within the structures
of the Criminal Service Bureau of the General Police Headquarters (Wydział Wsparcia
Zwalczania Cyberprzestępczoci Biura Służby Kryminalnej Komendy Głownej Policji).
Portugal
24-03-2010
In accordance with Article 24, paragraph 5, of the Convention, the Portuguese Republic
declares that it shall not grant extradition of persons who:
a) are to be trialled by an exceptional court or who are to serve a sentence passed
by such a court;
b) it has been proved will be subject to a trial which affords no legal guarantees
of criminal proceedings complying with the conditions internationally recognised as
essential to the protection of human rights, or will serve their sentences in inhuman
conditions;
c) are being demanded in connection with an offence punishable with a lifetime sentence
or a lifetime detention order.
The Portuguese Republic shall grant extradition only for crimes punishable with penalty
of deprivation of liberty superior to one year.
The Portuguese Republic shall not grant extradition of Portuguese nationals.
Portugal shall not grant extradition for offences punishable with the death penalty
under the law of the requesting State.
Portugal shall authorise transit through its national territory only in respect of
persons whose circumstances are such that their extradition may be granted.
At the time of deposit of the instrument of ratification of the Convention, the Portuguese
Republic declares that it will provide the names and addresses of the authorities
as soon as possible, in accordance with the terms of Articles 24 and 27 of the Convention.
04-05-2010
In accordance with Article 24, paragraph 7a, of the Convention, Portugal declares
that in those cases in which the Convention on Extradition or other bilateral or multilateral
instruments on extradition are not applicable, the authority responsible for making
or receiving requests for extradition or provisional arrest is the Procuradoria-Geral
da República […].
In accordance with Article 27, paragraph 2c, of the Convention, Portugal declares
that, in the absence of applicable international agreements, the authority responsible
for sending and answering requests for mutual legal assistance is the Procuradoria-Geral
da República […].
In accordance with Article 35, paragraph 1, of the Convention, Portugal designates
as point of contact for the network 24/7 the Policia Judiciária […].
Roemenië
12-05-2004
Declarations
In accordance with Article 24, paragraph 7.a, of the Convention, Romania declares
that the central authority responsible for making or receiving requests for extradition
or provisional arrest is the Ministry of Justice […].
In accordance with Article 27, paragraph 2.c, of the Convention, Romania declares
that the central authorities responsible for sending and answering requests for mutual
assistance are :
a) the Prosecutor's Office to the High Court of Cassation and Justice for the requests
of judicial assistance formulated in pre-trial investigation […];
b) the Ministry of Justice for the requests of judicial assistance formulated during
the trial or execution of punishment.
In accordance with Article 35, paragraph 1, of the Convention, Romania declares that
the point of contact designated to ensure the immediate and permanent international
co-operation in the field of combating cybercrime is the Service of Combating Cybercrime
within the Section for Combating Organised Crime and Drugs Trafficking to the High
Court of Cassation and Justice […].
San Marino
08-03-2019
Pursuant to paragraph 7 of Article 24 of the Convention, the Republic of San Marino
hereby declares that the Authority responsible for making or receiving requests for
extradition or provisional arrest in the absence of a treaty is:
Segreteria di Stato per la Giustizia (Ministry of Justice)
Pursuant to paragraph 2 of Article 27 of the Convention, the Republic of San Marino
hereby declares that the Central Authority responsible for sending and answering requests
for mutual assistance, the execution of such requests or their transmission to the
authorities competent for their execution is:
Segreteria di Stato per gli Affari Esteri (Ministry of Foreign Affairs)
In accordance with paragraph 1 of Article 35 of the Convention, the Republic of San
Marino hereby declares that the point of contact is:
ICPO INTERPOL – NCB
Senegal
16-12-2016
In accordance with Article 24, paragraph 7, and Article 27, paragraph 2, of the Convention,
Senegal declares that the authority responsible for making or receiving requests for
extradition or provisional arrest, as well as for sending and answering requests for
mutual assistance, the execution of such requests or their transmission to the authorities
competent for their execution is:
La Direction des Affaires criminelles et des Grâces du Ministère de la Justice
(DACG)
Ministry of Justice
In accordance with Article 35 of the Convention, Senegal declares that the point of
contact available on a twenty-four hour, seven-day-a-week basis is
La Brigade spéciale de Lutte contre la Cybercriminalité de la Police nationale
(BSLC)
Servië
14-04-2009
The Republic of Serbia will designate its central authorities under Articles 24, 27 and 35 of the Convention on Cybercrime as soon as possible after the deposit of its instrument of ratification.
16-07-2009
In accordance with Articles 24, 27 and 35 of the Convention, Serbia designates as
the central authorities in charge for the implementation of the Convention :
[…]
District Attorney for High-Tech Crime of the Republic of Serbia
[…]
Ministry of Interior of the Republic of Serbia
Directorate of Crime Police
Department for the fight against organized crime
[…]
Sierra Leone
19-04-2024
Pursuant to Articles 24 (Extradition) and 27 (Procedures pertaining to mutual assistance
requests) of the Convention, the Republic of Sierra Leone designated as the competent
national authority:
The Solicitor General, Office of the Attorney General and Ministry of Justice […]
Pursuant to Article 35 of the Convention, the Government of the Republic of Sierra
Leone designated as national point of contact for cooperation in the fight against
cybercrime, available 24 hours a day, seven days a week (24/7 network):
The National Cybersecurity Coordinator, National Cybersecurity Coordinator Center
(NC3) […]
Slovenië
20-12-2006
In accordance with Article 24, paragraph 7, of the Convention, the Republic of Slovenia
declares that:
- the Ministry of Foreign Affairs is the authority responsible for making or receiving
requests for extradition in the absence of a treaty :
Ministry of Foreign Affairs of the Republic of Slovenia
[…]
- the Ministry of the Interior, Criminal Investigation Police Directorate, International
Police Cooperation Section is the authority responsible for making or receiving requests
for provisional arrests in the absence of a treaty :
Ministry of the Interior
Criminal Investigation Police Directorate
International Police Cooperation Section
[…]
In accordance with Article 27, paragraph 2, of the Convention, the Republic of Slovenia
designates the Ministry of Justice as the central authority responsible for sending
and answering requests for mutual assistance :
Ministry of Justice
[…]
In accordance with Article 35 of the Convention, the Republic of Slovenia designates
as point of contact available on a twenty-four hours, seven-day-week-basis, the Ministry
of the Interior, Criminal Investigation Police Directorate, International Police Cooperation
Section:
Ministry of the Interior
Criminal Investigation Police Directorate
International Police Cooperation Section
[…]
15-06-2010
Update
In accordance with Article 35 of the Convention, the Republic of Slovenia designates
as point of contact available on a twenty-four hours, seven-day-week-basis:
Ministry of the Interior
Criminal Police Directorate
International Police Cooperation Division
Slowakije
08-01-2008
In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the
Slovak Republic avails itself of the right to refuse the request for preservation
in cases where it has reasons to believe that at the time of disclosure the condition
of dual criminality cannot be fulfilled.
In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Slovak
Republic avails itself of the right to require for the criminal liability of the conduct
referred to in Article 4, paragraph 1, that it results in serious harm.
In accordance with Article 24, paragraph 7.a, of the Convention, the Slovak Republic
declares that the Ministry of Justice of the Slovak Republic […] is designated as
the authority responsible for making and receiving requests for extradition. The competent
authority for receiving requests for provisional arrest is the competent prosecutor
of the Regional Prosecutor's Office and the Ministry of Justice of the Slovak Republic.
The competent authority for making requests for provisional arrest is the Ministry
of Justice of the Slovak Republic and the court competent for issuing an international
arrest warrant.
In accordance with Article 27, paragraph 2.a, of the Convention, the Slovak Republic
declares that the central authorities are the Ministry of Justice of the Slovak Republic
[…] and the General Prosecutor's Office […].
In accordance with Article 35 of the Convention, the Slovak Republic notifies that
the point of contact is the Presidium of the Police Forces, International Police Cooperation
Office, National Central Bureau of Interpol […].
In accordance with Article 40 of the Convention, the Slovak Republic declares that
it avails itself of the possibility to require additional element within the meaning
of Article 2 of the Convention, and for a criminal liability of illegal access it
requires that the offence be committed by infringing security measures, with the intent
of obtaining computer data or other dishonest intent, or in relation to a computer
system that is connected to another computer system.
03-09-2020
Central authority: Updating of contact information:
(Articles 24 and 27) Ministry of Justice of the Slovak Republic
[…]
30-04-2021
In accordance with Article 43, paragraph 1, of the Convention, the Slovak Republic
withdraws its reservation to Article 4, paragraph 2, of the Convention made upon ratification
of the Convention, on 8 January 2008.
In accordance with Article 35 of the Convention, the Slovak Republic declares that
the designated point of contact for the purposes of this article is:
Presidium of the Police Force
Criminal Police Office
Cybercrime Department
[…]
In accordance with Article 40 of the Convention, the Slovak Republic declares that
it avails itself of the possibility to require additional element within the meaning
of Article 2 of the Convention, and for a criminal liability of illegal access it
requires that the offence be committed by infringing security measures.
Spanje
03-06-2010
In accordance with Articles 24 and 27 of the Convention, Spain declares that the central
authority designated is the Sub-Directorate General for International Legal Cooperation
of the Ministry of Justice.
In accordance with Artiele 35 of the Convention, Spain declares that the central authority
designated is the "Commissariat Général de la Police Judiciaire" of the Ministry of
the Interior.
If the Convention were to be extended by the United Kingdom to Gibraltar, Spain would
like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under
the responsibility of the United Kingdom and which is subject to a decolonisation
process in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in a distribution and attribution
of competences performed by the United Kingdom in compliance with its internal legislation,
in its capacity as sovereign State on which the mentioned non-autonomous territory
depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the
application of this Convention will be understood as carried out exclusively as part
of the internal competences of Gibraltar and cannot be considered to modify in any
way what was established in the two previous paragraphs.
Sri Lanka
29-05-2015
In accordance with Article 42 and Article 6, paragraph 3, of the Convention, Sri Lanka
reserves the right not to apply paragraph 1 of Article 6, with the exception of paragraph
1(a)(ii) of the said Article.
In accordance with Article 42 and Article 9, paragraph 4, of the Convention, Sri Lanka
reserves the right not to apply sub-paragraphs 1(d) and (e) and sub-paragraph 2(b)
and (c).
The competent authorities of Sri Lanka under Articles 24(7), 27(2) and Article 35
of the Convention are as follow:
Article 24(7)
The Secretary
Ministry of Law & Order
[…]
Article 27(2)
The Secretary
Ministry of Justice, Superior Courts Complex
[…]
Article 35
Senior DIG (Administration)
Police Department, Police Headquarters
[…]
06-06-2024
Pursuant to Articles 24 (Extradition) and 27 (Procedures pertaining to mutual assistance
requests) of the Convention on Cybercrime, Sri Lanka updates the contact information
on its competent national authorities as follows:
Article 24
Ministry of Public Security
[…]
Article 27
Ministry of Justice, Prison Affairs and Constitutional Reforms
[…]
Tonga
09-05-2017
The Kingdom of Tonga designates the following competent authorities in accordance
with Articles 24, 27 and 35 of the Convention:
Article 24 – Extradition and Article 27 –Procedures pertaining to mutual assistance
requests in the absence of applicable international agreements:
Mr ‘Asipeli ‘Aminiasi Kefu
Acting Attorney General and Director of Public Prosecutions
Attorney General’s Office
Article 35 – 24/7 Network:
Mr ‘Asipeli ‘Aminiasi Kefu
Acting Attorney General and Director of Public Prosecutions
Attorney General’s Office
Ms Vienna Leotrina Kinshasa Macomber
Crown Counsel
Attorney General’s Office
Deputy Police Commissioner ‘Unga Fa’aoa
Serious Organized Transnational Crime Unit
Tonga Police Headquarters
Longolongo
Superintendent Kalisi Nau Tohifolau
National Crime Commander
Serious Organized Transnational Crime Unit
Tonga Police Headquarters
Longolongo
Tsjechië
22-08-2013
In accordance with Article 29, paragraph 4, and Article 42 of the Convention, the
Czech Republic reserves the right to refuse a request for preservation under Article
29 of the Convention in cases where it has reasons to believe that condition of dual
criminality in relation to other criminal acts than those specified under Articles
2 to 11 of the Convention, cannot be fulfilled to execute mutual assistance for the
search or similar access, seizure or similar securing, or disclosure of the data.
In accordance with Article 2 and Article 40 of the Convention, the Czech Republic
declares that criminal liability for acts described in Article 2 of the Convention
occurs upon infringing security measures in order to gain unauthorised access to the
whole or any part of a computer system.
In accordance with Article 27, paragraph 9(e), of the Convention, the Czech Republic
declares that for reasons of efficiency, requests made under this paragraph are to
be addressed to its central authorities.
In accordance with Article 24, paragraph 7(a), of the Convention, the authority responsible
for making or receiving requests for extradition or provisional arrest in the absence
of a treaty is the Ministry of Justice of the Czech Republic.
In accordance with Article 27, paragraph 2(a), of the Convention, the central authority
responsible for sending and answering requests for mutual assistance, the execution
of such requests or their transmission to the authorities competent for their execution
is the Supreme Prosecutor's Office of the Czech Republic for requests originating
from pre-trial proceedings and the Ministry of Justice of the Czech Republic for other
requests:
Updating of information: 21-04-2017
In accordance with Article 35 of the Convention, the Czech Republic designates the
following authorities as the contact point:
Police of the Czech Republic
National Organized Crime Headquarters
Criminal Police and Investigation Service
Cybercrime Section
05-07-2019
In accordance with Article 43, paragraph 1, of the Convention, the Czech Republic wishes to withdraw its reservation concerning Article 29 of the Convention, made in accordance with the provisions of Article 42 of the Convention.
Tunesië
08-03-2024
Pursuant to Articles 24 (Extradition) and 27 (Procedures pertaining to mutual assistance
requests) of the Convention, the Tunisian Republic designated as the competent national
authority:
La Direction générale des affaires judiciaires au sein du Ministère de la Justice
[…].
Pursuant to Article 35 of the Convention, the Government of the Tunisian Republic
designated as national point of contact for cooperation in the fight against cybercrime,
available 24 hours a day, seven days a week (24/7 network):
La Direction générale des services techniques au sein de la Direction générale de
la sûreté nationale au Ministère de l’Intérieur […].
Turkije
29-09-2014
In accordance with Article 40 and Article 2 of the Convention, the Republic of Turkey
declares that it requires that the offences be commited by infringing security measures,
with the intention of obtaining computer data or other dishonest intent, or in relation
to a computer system that is connected to another computer system.
In accordance with Article 40 and Article 7 of the Convention, the Republic of Turkey
declares that the offence set forth in Article 7 regarding computer-related forgery
requires an intent to defraud or similar dishonest intent under Turkish Law.
In accordance with Article 42 and Article 14, paragraph 3(b), of the Convention, the
Repubic of Turkey reserves the right not to apply the measures referred in Article
20 and Article 21 to communications being transmitted within a computer system if
the system is being operated for the benefit of a closed groupe of users and does
not employ public communications networks and is not connected with any other public
or private computer system.
In accordance with Article 42 and Article 22 of the Convention, the Repubic of Turkey
reserves the right to establish jurisdiction within the scope of Article 11 and 13
of the Turkish Criminal Law when the offence is committed by a Turkish national outside
its sovereign territory.
In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the
Republic of Turkey reserves the right to decline the request for preservation of data
under this article in cases where it has reasons to believe that at the time of the
disclosure of stored computer data the condition of dual criminality cannot be fulfilled.
In accordance with Article 24, paragraph 7(a), of the Convention, the Republic of
Turkey designates the Ministry of Justice as the authority responsible for making
or receiving requests for extradition or provisional arrest, in the absence of an
extradition treaty.
In accordance with Article 27, paragraph 2(c), of the Convention, the Republic of
Turkey designates the Ministry of Justice as the central authority responsible for
sending and answering requests for mutual assistance, the execution of such requests
or their transmission to the authorities competent for their execution.
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Turkey
designates as point of contact available on a twenty-four hour, seven-days-a-week
basis:
Turkish National Police
Department of Cybercrime
[…]
Verenigd Koninkrijk
25-05-2011
Reservations:
In accordance with Article 9, paragraph 4, of the Convention, the Government of the
United Kingdom of Great Britain and Northern Ireland reserves the right not to apply
Article 9 (2) (b), which states that "child pornography" includes " a person appearing
to be a minor engaged in sexually explicit conduct", as this provision is incompatible
with domestic law regarding indecent photographs of children.
In accordance with Article 9, paragraph 4, of the Convention, the Government of the
United Kingdom of Great Britain and Northern Ireland declares that it reserves the
right not to apply Article 9 (2) (c), as Scotland has no offence covering a ‘realistic’
image which is not, and is not derived from, a photograph of a real person.
In accordance with Article 22, paragraph 2, of the Convention, the Government of the
United Kingdom of Great Britain and Northern Ireland reserves the right not to apply
Article 22 (1) (d). The UK can extend extraterritorial jurisdiction over most of the
offences in Articles 2-11, although not over fraud committed in
Scotland, under specific circumstances. As there is no overarching arrangement that
extends extra-territorial jurisdiction, the UK cannot say that it will apply in every
case.
In accordance with Article 29, paragraph 4, of the Convention, the Government of the
United Kingdom of Great Britain and Northern Ireland reserves the right not to apply
Article 29 where execution of the request for preservation requires the exercise of
coercive powers and where dual criminality cannot be established.
Declarations:
In accordance with Article 24, paragraph 7.a, of the Convention, the Government of
the United Kingdom declares that the authorities responsible for making or receiving
requests for extradition or provisional arrest in the absence of a treaty are:
Home Office
Judicial Co-operation Unit
[…]
Scottish Government (when the person is believed to be in Scotland)
Criminal Procedure Division
[…]
In accordance with Article 27, paragraph 2.c, of the Convention, the Government of
the United Kingdom declares that the competent authorities to which requests for mutual
assistance should be made to the relevant Central Authority are:
For matters related to England, Wales, and Northern Ireland:
UK Central Authority
Home Office
[…]
For matters related to Scotland:
International Co-operation Unit
[…]
For matters related to indirect taxation:
Law Enforcement & International Advisory Division
HM Revenue and Customs – Solicitor’s Office
[…]
Verenigde Staten van Amerika
29-09-2006
Reservation
The United States of America, pursuant to Articles 4 and 42 of the Convention, reserves
the right to require that the conduct result in serious harm, which shall be determined
in accordance with applicable United States federal law.
The United States of America, pursuant to Articles 6 and 42 of the Convention, reserves
the right not to apply paragraphs (1) (a) (i) and (1) (b) of Article 6 ("Misuses of
devices") with respect to devices designed or adapted primarily for the purpose of
committing the offenses established in Article 4 ("Data interference") and Article
5 ("System interference").
The United States of America, pursuant to Articles 9 and 42 of the Convention, reserves
the right to apply paragraphs (2) (b) and (c) of Article 9 only to the extent consistent
with the Constitution of the United States as interpreted by the United States and
as provided for under its federal law, which includes, for example, crimes of distribution
of material considered to be obscene under applicable United States standards.
The United States of America, pursuant to Articles 10 and 42 of the Convention, reserves
the right to impose other effective remedies in lieu of criminal liability under paragraphs
1 and 2 of Article 10 ("Offenses related to infringement of copyright and related
rights") with respect to infringements of certain rental rights to the extent the
criminalisation of such infringements is not required pursuant to the obligations
the United States has undertaken under the agreements referenced in paragraphs 1 and
2.
The United States of America, pursuant to Articles 22 and 42 of the Convention, reserves
the right not to apply in part paragraphs (1) (b), (c) and (d) of Article 22 ("Jurisdiction").
The United States does not provide for plenary jurisdiction over offenses that are
committed outside its territory by its citizen or on board ships flying its flag or
aircraft registered under its laws. However, United States law does provide for jurisdiction
over a number of offenses to be established under the Convention that are committed
abroad by United States nationals in circumstances implicating particular federal
interests, as well as over a number of such offenses committed on board United States-flagged
ships or aircraft registered under United States law. Accordingly, the United States
will implement paragraphs (1) (b), (c) and (d) to the extent provided for under its
federal law.
The United States of America, pursuant to Articles 41 and 42 of the Convention, reserves
the right to assume obligations under Chapter II of the Convention in a manner consistent
with its fundamental principles of federalism.
Declarations
The United States of America declares, pursuant to Articles 2 and 40, that under United
States law, the offenses set forth in Article 2 ("Illegal access") includes an additional
requirement of intent to obtain computer data.
The United States of America declares, pursuant to Articles 6 and 40, that under United
States law, the offense set forth in paragraph (1) (b) of Article 6 ("Misuse of devices")
includes a requirement that a minimum number of items be possessed. The minimum number
shall be the same as that provided for by applicable United States federal law.
The United States of America declares, pursuant to Articles 7 and 40, that under United
States law, the offense set forth in Article 7 ("Computer-related forgery") includes
a requirement of intent to defraud.
The United States of America declares, pursuant to Articles 27 and 40, that requests
made to the United States under paragraph 9(e) of Article 27 ("Procedures pertaining
to mutual assistance requests in the absence of applicable international agreements")
are to be addressed to its central authority for mutual assistance.
Pursuant to Article 24, paragraph 7, of the Convention, the United States of America
is not designating an authority responsible for extradition or provisional arrest
in the absence of a treaty, as the United States will continue to rely on bilateral
extradition treaties, and the authority responsible for making or receiving extradition
requests on behalf of the United States is set forth in the applicable bilateral extradition
treaties.
Pursuant to Article 27, paragraph 2, of the Convention, 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 assistance under
the Convention.
Pursuant to Article 35, paragraph 1, of the Convention, the Computer Crime and Intellectual
Property Section, United States Department of Justice, Criminal Division, […], is
designated as the point of contact available on a twenty-four hour, seven-day-a-week
basis to ensure the provision of immediate assistance under the Convention. Contact
Information for the Computer Crime and Intellectual Property Section is given below
:
24/7 Contact:
[…]
Computer Crime and Intellectual Property Section (CCIPS)
U.S. Department of Justice, […]
Description of Contact
CCIPS is a section of the Criminal Division of the U.S. Department of Justice that
has 40 lawyers with responsibilities for combating cybercrime and theft of intellectual
property, and with expertise in obtaining electronic evidence. Many CCIPS lawyers
also have expertise in international assistance. CCIPS has "duty attorneys" available
24-hours a day, 7 days a week to respond to urgent requests for assistance.
Language Capabilities of the Contact : English
[…]
Zweden
28-04-2021
In accordance with Article 14, paragraph 3.a, of the Convention, Sweden declares that
it reserves the right to apply real time collection of traffic data only to offences
and categories of offences specified in Chapter 27, Section 19, third paragraph of
the Swedish Code of Judicial Procedure.
In accordance with Article 14, paragraph 3.b, of the Convention, Sweden declares that
it reserves the right to apply real time collection of traffic data and interception
of content data to communications being transmitted within a computer system of a
service provider, which system is being operated for the benefit of a closed group
of users, and does not employ public communications networks and is not connected
with another computer system.
In accordance with Article 29, paragraph 4, of the Convention, Sweden declares that
it reserves the right to refuse a request for mutual assistance with preservation
of stored computer data in cases where there is reasons to believe that at the time
of disclosure the condition of dual criminality cannot be fulfilled.
In accordance with Article 24, paragraph 7.a, of the Convention, Sweden designates
as the authority responsible for making or receiving requests for extradition or provisional
arrest in the absence of a treaty:
Ministry of Justice
Division for Criminal Cases and International Judicial Co-operation
Central Authority
[…]
In accordance with Article 27, paragraph 2, of the Convention, Sweden designates as
the central authority for sending and answering requests for mutual assistance, the
execution of such requests or their transmission to the authorities competent for
their execution:
Ministry of Justice
Division for Criminal Cases and International Judicial Co-operation
Central Authority
[…]
Zwitserland
21-09-2011
Reservations:
In accordance with Article 6, paragraph 3, of the Convention, Switzerland reserves
the right to apply Article 6, paragraph 1, only when the offence concerns the sale,
distribution or any other provision of the items referred to in Article 6, paragraph
1 a.ii.
In accordance with Article 9, paragraph 4, of the Convention, Switzerland reserves
the right not to apply Article 9 (2) (b).
In accordance with Article 14, paragraph 3, of the Convention, Switzerland reserves
the right to apply the measures referred to in Article 20 to crimes and offences under
the Criminal Code.
In accordance with Article 29, paragraph 4, of the Convention, Switzerland reserves
the right to subject to the condition referred to in Article 29, paragraph 4, the
execution of any letters rogatory requiring the application of any coercive measure.
Declarations:
Switzerland declares that it will apply Article 2 to the extent that the offence is
committed by infringing safety measures.
Switzerland declares that it will apply Article 3 insofar as the offence is committed
with intent to unjust enrichment.
Switzerland declares that it will apply Article 7 only to the extent that the offence
is committed with a view to providing a benefit to oneself or a third party or causing
damages.
In accordance with Article 9, paragraph 3, of the Convention, Switzerland declares
that, within the context of Article 9, paragraph 2, it understands by the term "minor"
any person under the age of sixteen.
In accordance with Article 24, paragraph 7 of the Convention, the Federal Office of
Justice, the Federal Department of Justice and Police, 3003 Berne, is the competent
authority, for Switzerland, for sending and receiving requests for extradition or
provisional arrest.
In accordance with Article 27, paragraph 2, of the Convention, the Federal Office
of Justice, in the Federal Department of Justice and Police, 3003 Berne, is the authority
responsible for sending and receiving legal requests for mutual assistance.
Switzerland declares that in case of emergency, within the context of Article 27,
paragraph 9, of the Convention, the Federal Office of Justice and Police, 3003 Berne,
is the central authority to which all requests to Switzerland for mutual assistance
must be addressed.
In accordance with Article 35 of the Convention, the Federal Office of Justice, in
the Federal Department of Justice and Police, 3003 Berne, is the point of contact
available on a 24 hours a day, seven days a week basis.