S.I. No. 474/2000 - Extradition Act, 1965 (Application of Part II) Order, 2000

• “(1) In approving the Convention, the French Government expresses the following reservation: the offences described in sub-paragraphs 1(e) and 1(f) of Article 7 of the Convention shall be punished in accordance with the provisions of French penal legislation.

• “(2) The French Government declares that the jurisdiction referred to in Article 8, paragraph 4 may not be invoked against it, since the criterion of jurisdiction based on involvement in international nuclear transport as the exporting or importing State is not expressly recognized in international law and is not provided for in French national legislation.

• “(3) In accordance with Article 17, paragraph 3, France declares that it does not accept the competence of the International Court of Justice in the settlement of the disputes referred to in paragraph 2 of this article, nor that of the President of the International Court of Justice to appoint one or more arbitrators.”

Guatemala:

“The Republic of Guatemala does not consider itself bound by any of the dispute settlement procedures set out in paragraph 2 of Article 17 of the Convention, which provide for the submission of disputes to arbitration or their referral to the International Court of Justice for decision.”

Indonesia:

“The Government of the Republic of Indonesia does not consider itself bound by the provision of Article 17, paragraph 2 of this Convention and take the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all the parties to the dispute.”

Italy:

Confirms the reservations and declaration made upon signature.

Republic of Korea:

Confirms the reservation made upon signature.

Netherlands:

“With regard to the obligation to exercise jurisdiction referred to in Article 10 of the Convention on the Physical Protection of Nuclear Material, done at Vienna/New York on 3 March 1980, the Kingdom of the Netherlands makes the reservation, that in cases where the judicial authorities of the Netherlands are unable to exercise jurisdiction on the grounds of one of the principles referred to in Article 8, paragraph 1, of the Convention, the Kingdom shall be bound by this obligation only if it has received an extradition request from a Party to the Convention and the said request has been rejected.”

Pakistan:

“1. The Government of the Islamic Republic of Pakistan does not consider itself bound by paragraph 2 of Article 2, as it regards the question of domestic use, storage and transport of nuclear material beyond the scope of the said Convention.

1. The Government of the Islamic Republic of Pakistan does not consider itself bound by either of the dispute settlement procedures provided for in paragraph 2 of Article 17 of the said Convention.”

Peru:

“In accordance with the provisions of Article 17.3 of the Convention, Peru does not consider itself bound by any of the dispute settlement procedures provided for in the convention.”

A Note explaining the reservation reads as follows:

“The reservation made by Peru in the instrument of accession ... refers only to the dispute settlement procedures provided for in paragraph 2 of Article 17, in accordance with paragraph 3 of the same article.”

Russia:

Confirms the reservation made upon signature.

Spain:

“The Kingdom of Spain declares, in accordance with paragraph 3 of Article 17 of the Convention, that it does not consider itself bound by the procedure for the settlement of disputes stipulated in paragraph 2 of Article 17.”

Turkey:

Confirms the reservation made upon signature.

United Kingdom:

“...the Convention was extended to cover the Bailiwicks of Jersey and Guernsey and the Isle of Man with effect from 6 October 1991. The United Kingdom's Instrument of Ratification should accordingly be construed to extend to them.”

• • Declarations and reservations made upon signature

Argentina:

“In accordance with the provision of Article 17.3, the Republic of Argentina does not consider itself bound by any of the arbitration procedures laid down in Article 17.2 of the Convention.”

France:

“Recalling its statement contained in document CPNM/90 of 25 October 1979, the French Government declares that the jurisdiction referred to in Article 8, paragraph 4 may not be invoked against it, since the criterion of jurisdiction based on involvement in international nuclear transport as the exporting or importing State is not expressly recognized in international law and is not provided for in French national legislation.”

“In accordance with Article 17, paragraph 3, France declares that it does not accept the competence of the International Court of Justice in the settlement of the disputes referred to in paragraph 2 of this article, nor that of the President of the International Court of Justice to appoint one or more arbitrators.”

Israel:

“In accordance with Article 17, paragraph 3, Israel declares that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 17.”

Italy:

“1) In connection with Art. 4.2 Italy considers that if assurances as to the levels of physical protection described in annex I have not been received in good time the importing state party may take appropriate bilateral steps as far as practicable to assure itself that the transport will take place in compliance with the aforesaid levels.

“2) In connection with Art. 10 the last words ‘through proceedings in accordance with the laws of the state’ are to be considered as referring to the whole Article 10.

“Italy considers that international co-operation and assistance for physical protection and recovery of nuclear materials as well as criminal rules and extradition will apply also to the domestic use, storage and transport of nuclear material used for peaceful purposes. Italy also considers that no provision contained in this convention shall be interpreted as precluding the possibility to widen the scope of the convention at the review conference foreseen in Art. 16.”

Republic of Korea:

“...the Government of the Republic of Korea does not consider itself bound by the dispute settlement procedures provided for in Paragraph 2 of Article 17.”

Romania:

“The Socialist Republic of Romania declares that it does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention on the Physical Protection of Nuclear Material, which state that any dispute concerning the interpretation or application of the Convention which cannot be settled by negotiation or by any other peaceful means of settling disputes shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision.

“The Socialist Republic of Romania considers that such disputes can be submitted to arbitration or to the International Court of Justice only with the consent of all parties to the dispute in each individual case.

“In signing the Convention on the Physical Protection of Nuclear Material, the Socialist Republic of Romania declares that, in its interpretation, the provisions of Article 18, paragraph 4 refer exclusively to organizations to which the Member States have transferred competence to negotiate, conclude and apply international agreements on their behalf and to exercise the rights and fulfil the responsibilities entailed by such agreements including the right to vote.”

Russia:

“The Union of Soviet Socialist Republics does not consider itself bound by the provisions of Article 17, paragraph 2 of the Convention that any dispute concerning the interpretation or application of the Convention shall be submitted to arbitration or referred to the International Court of Justice at the request of any party to such dispute.”

South Africa:

“In accordance with Article 17, paragraph 3, the Republic of South Africa declares that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 17.”

Spain:

“...in accordance with paragraph 3 of Article 17 of the Convention, Spain does not consider itself bound by the procedure for the settlement of disputes stipulated in paragraph 2 of Article 17.”

Turkey:

“Turkey, in accordance with Article 17, Paragraph 3, of the Convention does not consider itself bound by Article 17, Paragraph 2 of the Convention.”

Sixth Schedule: Part I

UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

Adopted by the Conference at its 6th plenary meeting, on 19 December 1988

The Parties to this Convention,

Deeply concerned by the magnitude of and rising trend in the illicit production of, demand for and traffic in narcotic drugs and psychotropic substances, which pose a serious threat to the health and welfare of human beings and adversely affect the economic, cultural and political foundations of society,

Deeply concerned also by the steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and psychotropic substances, and particularly by the fact that children are used in many parts of the world as an illicit drug consumers market and for purposes of illicit production, distribution and trade in narcotic drugs and psychotropic substances, which entails a danger of incalculable gravity,

Recognizing the links between illicit traffic and other related organized criminal activities which undermine the legitimate economies and threaten the stability, security and sovereignty of States,

Recognizing also that illicit traffic is an international criminal activity, the suppression of which demands urgent attention and the highest priority,

Aware that illicit traffic generates large financial profits and wealth enabling transnational criminal organizations to penetrate, contaminate and corrupt the structures of government, legitimate commercial and financial business, and society at all its levels,

Determined to deprive persons engaged in illicit traffic of the proceeds of their criminal activities and thereby eliminate their main incentive for so doing.

Desiring to eliminate the root causes of the problem of abuse of narcotic drugs and psychotropic substances, including the illicit demand for such drugs and substances and the enormous profits derived from illicit traffic,

Considering that measures are necessary to monitor certain substances, including precursors, chemicals and solvents, which are used in the manufacture of narcotic drugs and psychotropic substances, the ready availability of which has led to an increase in the clandestine manufacture of such drugs and substances,

Determined to improve international co-operation in the suppression of illicit traffic by sea,

Recognizing that eradication of illicit traffic is a collective responsibility of all States and that, to that end, co-ordinated action within the framework of international co-operation is necessary,

Acknowledging the competence of the United Nations in the field of control of narcotic drugs and psychotropic substances and desirous that the international organs concerned with such control should be within the framework of that Organization,

Reaffirming the guiding principles of existing treaties in the field of narcotic drugs and psychotropic substances and the system of control which they embody,

Recognizing the need to reinforce and supplement the measures provided in the Single Convention on Narcotic Drugs, 1961, that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961, and the 1971 Convention on Psychotropic Substances, in order to counter the magnitude and extent of illicit traffic and its grave consequences,

Recognizing also the importance of strengthening and enhancing effective legal means for international co-operation in criminal matters for suppressing the international criminal activities of illicit traffic,

Desiring to conclude a comprehensive, effective and operative international convention that is directed specifically against illicit traffic and that considers the various aspects of the problem as a whole, in particular those aspects not envisaged in the existing treaties in the field of narcotic drugs and psychotropic substances,

Hereby agree as follows:

Article 1

DEFINITIONS

Except where otherwise expressly indicated or where the context otherwise requires, the following definitions shall apply throughout this Convention:

- (*a*) “Board” means the International Narcotics Control Board established by the Single Convention on Narcotic Drugs, 1961, and that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;

- (*b*) “Cannabis plant” means any plant of the genus Cannabis;

- (*c*) “Coca bush” means the plant of any species of the genus Erythroxylon;

- (*d*) “Commercial carrier” means any person or any public, private or other entity engaged in transporting persons, goods or mails for remuneration, hire or any other benefit;

- (*e*) “Commission” means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;

- (*f*) “Confiscation”, which includes forfeiture where applicable, means the permanent deprivation of property by order of a court or other competent authority;

- (*g*) “Controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, substances in Table I and Table II annexed to this Convention, or substances substituted for them, to pass out of, through or into the territory of one or more countries, with the knowledge and under the supervision of their competent authorities, with a view to identifying persons involved in the commission of offences established in accordance with article 3, paragraph 1 of the Convention;

- (*h*) “1961 Convention” means the Single Convention on Narcotic Drugs, 1961;

- (*i*) “1961 Convention as amended” means the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;

- (*j*) “1971 Convention” means the Convention on Psychotropic Substances, 1971;

- (*k*) “Council” means the Economic and Social Council of the United Nations;

- (*l*) “Freezing” or “seizure” means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or a competent authority;

- (*m*) “Illicit traffic” means the offences set forth in article 3, paragraphs 1 and 2, of this Convention;

- (*n*) “Narcotic drug” means any of the substances, natural or synthetic, in Schedules I and II of the Single Convention on Narcotic Drugs, 1961, and that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;

- (*o*) “Opium poppy” means the plant of the species Papaver somniferum L;

- (*p*) “Proceeds” means any property derived from or obtained, directly or indirectly, through the commission of an offence established in accordance with article 3, paragraph 1;

- (*q*) “Property” means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets;

- (*r*) “Psychotropic substance” means any substance, natural or synthetic, or any natural material in Schedules I, II, III and IV of the Convention on Psychotropic Substances, 1971;

- (*s*) “Secretary-General” means the Secretary-General of the United Nations;

- (*t*) “Table I” and “Table II” mean the correspondingly numbered lists of substances annexed to this Convention, as amended from time to time in accordance with article 12;

- (*u*) “Transit State” means a State through the territory of which illicit narcotic drugs, psychotropic substances and substances in Table I and Table II are being moved, which is neither the place of origin nor the place of ultimate destination thereof.

  **Article 2**

  SCOPE OF THE CONVENTION

  1. The purpose of this Convention is to promote co-operation among the Parties so that they may address more effectively the various aspects of illicit traffic in narcotic drugs and psychotropic substances having an international dimension. In carrying out their obligations under the Convention, the Parties shall take necessary measures, including legislative and administrative measures, in conformity with the fundamental provisions of their respective domestic legislative systems.

  2. The Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.

  3. A Party shall not undertake in the territory of another Party the exercise of jurisdiction and performance of functions which are exclusively reserved for the authorities of that other Party by its domestic law.

  **Article 3**

  OFFENCES AND SANCTIONS

  1. Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally:

- (*a*) (i) The production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, broker-age, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention;

    - (ii) The cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to the provisions of the 1961 Convention and the 1961 Convention as amended;

    - (iii) The possession or purchase of any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated in (i) above;

    - (iv) The manufacture, transport or distribution of equipment, materials or of substances listed in Table I and Table II, knowing that they are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances;

    - (v) The organization, management or financing of any of the offences enumerated in (i), (ii), (iii) or (iv) above;

- (*b*) (i) The conversion or transfer of property, knowing that such property is derived from any offence or offences established in accordance with subparagraph (a) of this paragraph, or from an act of participation in such offence or offences, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an offence or offences to evade the legal consequences of his actions;

    - (ii) The concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from an offence or offences established in accordance with subparagraph (a) of this paragraph or from an act of participation in such an offence or offences;

- (*c*) Subject to its constitutional principles and the basic concepts of its legal system;

    - (i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property was derived from an offence or offences established in accordance with subparagraph (a) of this paragraph or from an act of participation in such offence or offences;

    - (ii) The possession of equipment or materials or substances listed in Table I and Table II, knowing that they are being or are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances;

    - (iii) Publicly inciting or inducing others, by any means, to commit any of the offences established in accordance with this article or to use narcotic drugs or psychotropic substances illicitly;

    - (iv) Participation in, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.

      2. Subject to its constitutional principles and the basic concepts of its legal system, each Party shall adopt such measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally, the possession, purchase or cultivation of narcotic drugs or psychotropic substances for personal consumption contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.

      3. Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective factual circumstances.

      4. (*a*) Each Party shall make the commission of the offences established in accordance with paragraph 1 of this article liable to sanctions which take into account the grave nature of these offences, such as imprisonment or other forms of deprivation of liberty, pecuniary sanctions and confiscation.

- (*b*) The Parties may provide, in addition to conviction or punishment, for an offence established in accordance with paragraph 1 of this article, that the offender shall undergo measures such as treatment, education, aftercare, rehabilitation or social reintegration.

- (*c*) Notwithstanding the preceding subparagraphs, in appropriate cases of a minor nature, the Parties may provide, as alternatives to conviction or punishment, measures such as education, rehabilitation or social reintegration, as well as, when the offender is a drug abuser, treatment and aftercare.

- (*d*) The Parties may provide, either as an alternative to conviction or punishment, or in addition to conviction or punishment of an offence established in accordance with paragraph 2 of this article, measures for the treatment, education, aftercare, rehabilitation or social reintegration of the offender.

  5. The Parties shall ensure that their courts and other competent authorities having jurisdiction can take into account factual circumstances which make the commission of the offences established in accordance with paragraph 1 of this article particularly serious, such as:

- (*a*) The involvement in the offence of an organized criminal group to which the offender belongs;

- (*b*) The involvement of the offender in other international organized criminal activities;

- (*c*) The involvement of the offender in other illegal activities facilitated by commission of the offence;

- (*d*) The use of violence or arms by the offender;

- (*e*) The fact that the offender holds a public office and that the offence is connected with the office in question;

- (*f*) The victimization or use of minors;

- (*g*) The fact that the offence is committed in a penal institution or in an educational institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities;

- (*h*) Prior conviction, particularly for similar offences, whether foreign or domestic, to the extent permitted under the domestic law of a Party.

  6. The Parties shall endeavour to ensure that any discretionary legal powers under their domestic law relating to the prosecution of persons for offences established in accordance with this article are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.

  7. The Parties shall ensure that their courts or other competent authorities bear in mind the serious nature of the offences enumerated in paragraph 1 of this article and the circumstances enumerated in paragraph 5 of this article when considering the eventuality of early release or parole of persons convicted of such offences.

  8. Each Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence established in accordance with paragraph 1 of this article, and a longer period where the alleged offender has evaded the administration of justice.

  9. Each Party shall take appropriate measures, consistent with its legal system, to ensure that a person charged with or convicted of an offence established in accordance with paragraph 1 of this article, who is found within its territory, is present at the necessary criminal proceedings.

  10. For the purpose of co-operation among the Parties under this Convention, including, in particular, co-operation under articles 5, 6, 7 and 9, offences established in accordance with this article shall not be considered as fiscal offences or as political offences or regarded as politically motivated, without prejudice to the constitutional limitations and the fundamental domestic law of the Parties.

  11. Nothing contained in this article shall affect the principle that the description of the offences to which it refers and of legal defences thereto is reserved to the domestic law of a Party and that such offences shall be prosecuted and punished in conformity with that law.

  **Article 4**

  JURISDICTION

  1. Each Party:

- (*a*) Shall take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when:

    - (i) The offence is committed in its territory;

    - (ii) The offence is committed on board a vessel flying its flag or an aircraft which is registered under its laws at the time the offence is committed;

- (*b*) May take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when:

    - (i) The offence is committed by one of its nationals or by a person who has his habitual residence in its territory;

    - (ii) The offence is committed on board a vessel concerning which that Party has been authorized to take appropriate action pursuant to article 17, provided that such jurisdiction shall be exercised only on the basis of agreements or arrangements referred to in paragraphs 4 and 9 of that article;

    - (iii) The offence is one of those established in accordance with article 3, paragraph 1, subparagraph (c)(iv), and is committed outside its territory with a view to the commission, within its territory, of an offence established in accordance with article 3, paragraph 1.

      2. Each Party:

- (*a*) Shall also take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when the alleged offender is present in its territory and it does not extradite him to another Party on the ground:

    - (i) That the offence has been committed in its territory or on board a vessel flying its flag or an aircraft which was registered under its law at the time the offence was committed;

      or

    - (ii) That the offence has been committed by one of its nationals;

- (*b*) May also take such measures as may be necessary to establish its jurisdiction over the offences it has established in accordance with article 3, paragraph 1, when the alleged offender is present in its territory and it does not extradite him to another Party.

  3. This Convention does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its domestic law.

  **Article 5**

  CONFISCATION

  1. Each Party shall adopt such measures as may be necessary to enable confiscation of:

- (*a*) Proceeds derived from offences established in accordance with article 3, paragraph 1, or property the value of which corresponds to that of such proceeds;

- (*b*) Narcotic drugs and psychotropic substances, materials and equipment or other instrumentalities used in or intended for use in any manner in offences established in accordance with article 3, paragraph 1.

  2. Each Party shall also adopt such measures as may be necessary to enable its competent authorities to identify, trace, and freeze or seize proceeds, property, instrumentalities or any other things referred to in paragraph 1 of this article, for the purpose of eventual confiscation.

  3. In order to carry out the measures referred to in this article, each Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized. A Party shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.

  4. (*a*) Following a request made pursuant to this article by another Party having jurisdiction over an offence established in accordance with article 3, paragraph 1, the Party in whose territory proceeds, property, instrumentalities or any other things referred to in paragraph 1 of this article are situated shall:

    - (i) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such order is granted, give effect to it; or

    - (ii) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by the requesting Party in accordance with paragraph 1 of this article, in so far as it relates to proceeds, property, instrumentalities or any other things referred to in paragraph 1 situated in the territory of the requested Party.

- (*b*) Following a request made pursuant to this article by another Party having jurisdiction over an offence established in accordance with article 3, paragraph 1, the requested Party shall take measures to identify, trace, and freeze or seize proceeds, property, instrumentalities or any other things referred to in paragraph 1 of this article for the purpose of eventual confiscation to be ordered either by the requesting Party or, pursuant to a request under subparagraph (a) of this paragraph, by the requested Party.

- (*c*) The decisions or actions provided for in subparagraphs (a) and (b) of this paragraph shall be taken by the requested Party, in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in relation to the requesting Party.

- (*d*) The provisions of article 7, paragraphs 6 to 19 are applicable mutatis mutandis. In addition to the information specified in article 7, paragraph 10, requests made pursuant to this article shall contain the following:

    - (i) In the case of a request pertaining to subparagraph (a)(i) of this paragraph, a description of the property to be confiscated and a statement of the facts relied upon by the requesting Party sufficient to enable the requested Party to seek the order under its domestic law;

    - (ii) In the case of a request pertaining to subparagraph (a)(ii), a legally admissible copy of an order of confiscation issued by the requesting Party upon which the request is based, a statement of the facts and information as to the extent to which the execution of the order is requested;

    - (iii) In the case of a request pertaining to subparagraph (b), a statement of the facts relied upon by the requesting Party and a description of the actions requested.

- (*e*) Each Party shall furnish to the Secretary-General the text of any of its laws and regulations which give effect to this paragraph and the text of any subsequent changes to such laws and regulations.

- (*f*) If a Party elects to make the taking of the measures referred to in subparagraphs (a) and (b) of this paragraph conditional on the existence of a relevant treaty, that Party shall consider this Convention as the necessary and sufficient treaty basis.

- (*g*) The Parties shall seek to conclude bilateral and multilateral treaties, agreements or arrangements to enhance the effectiveness of international co-operation pursuant to this article.

  5. (*a*) Proceeds or property confiscated by a Party pursuant to paragraph 1 or paragraph 4 of this article shall be disposed of by that Party according to its domestic law and administrative procedures.

- (*b*) When acting on the request of another Party in accordance with this article, a Party may give special consideration to concluding agreements on:

    - (i) Contributing the value of such proceeds and property, or funds derived from the sale of such proceeds or property, or a substantial part thereof, to intergovernmental bodies specializing in the fight against illicit traffic in and abuse of narcotic drugs and psychotropic substances;

    - (ii) Sharing with other Parties, on a regular or case-by-case basis, such proceeds or property, or funds derived from the sale of such proceeds or property, in accordance with its domestic law, administrative procedures or bilateral or mutilateral agreements entered into for this purpose.

      6. (*a*) If proceeds have been transformed or converted into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.

- (*b*) If proceeds have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to seizure or freezing, be liable to confiscation up to the assessed value of the intermingled proceeds.

- (*c*) Income or other benefits derived from:

    - (i) Proceeds;

    - (ii) Property into which proceeds have been transformed or converted; or

    - (iii) Property with which proceeds have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds.

      7. Each Party may consider ensuring that the onus of proof be reversed regarding the lawful origin of alleged proceeds or other property liable to confiscation, to the extent that such action is consistent with the principles of its domestic law and with the nature of the judicial and other proceedings.

      8. The provisions of this article shall not be construed as prejudicing the rights of bona fide third parties.

      9. Nothing contained in this article shall affect the principle that the measures to which it refers shall be defined and implemented in accordance with and subject to the provisions of the domestic law of a Party.

      **Article 6**

      EXTRADITION

      1. This article shall apply to the offences established by the Parties in accordance with article 3, paragraph 1.

      2. Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between Parties. The Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

      3. If a Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of any offence to which this article applies. The Parties which require detailed legislation in order to use this Convention as a legal basis for extradition shall consider enacting such legislation as may be necessary.

      4. The Parties which do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between themselves.

      5. Extradition shall be subject to the conditions provided for by the law of the requested Party or by applicable extradition treaties, including the grounds upon which the requested Party may refuse extradition.

      6. In considering requests received pursuant to this article, the requested State may refuse to comply with such requests where there are substantial grounds leading its judicial or other competent authorities to believe that compliance would facilitate the prosecution or punishment of any person on account of his race, religion, nationality or political opinions, or would cause prejudice for any of those reasons to any person affected by the request.

      7. The Parties shall endeavour to expedite extradition procedures and to simplify evidentiary requirements relating thereto in respect of any offence to which this article applies.

      8. Subject to the provisions of its domestic law and its extradition treaties, the requested Party may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the requesting Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his presence at extradition proceedings.

      9. Without prejudice to the exercise of any criminal jurisdiction established in accordance with its domestic law, a Party in whose territory an alleged offender is found shall:

- (*a*) If it does not extradite him in respect of an offence established in accordance with article 3, paragraph 1, on the grounds set forth in article 4, paragraph 2, subparagraph (*a*), submit the case to its competent authorities for the purpose of prosecution, unless otherwise agreed with the requesting Party;

- (*b*) If it does not extradite him in respect of such an offence and has established its jurisdiction in relation to that offence in accordance with article 4, paragraph 2, subparagraph (*b*) submit the case to its competent authorities for the purpose of prosecution, unless otherwise requested by the requesting Party for the purposes of preserving its legitimate jurisdiction.

  10. If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested Party, the requested Party shall, if its law so permits and in conformity with the requirements of such law, upon application of the requesting Party, consider the enforcement of the sentence which has been imposed under the law of the requesting Party, or the remainder thereof.

  11. The Parties shall seek to conclude bilateral and multilateral agreements to carry out or to enhance the effectiveness of extradition.

  12. The Parties may consider entering into bilateral or multilateral agreements, whether ad hoc or general, on the transfer to their country of persons sentenced to imprisonment and other forms of deprivation of liberty for offences to which this article applies, in order that they may complete their sentences there.

  **Article 7**

  MUTUAL LEGAL ASSISTANCE

  1. The Parties shall afford one another, pursuant to this article, the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to criminal offences established in accordance with article 3, paragraph 1.

  2. Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes:

- (*a*) Taking evidence or statements from persons;

- (*b*) Effecting service of judicial documents;

- (*c*) Executing searches and seizures;

- (*d*) Examining objects and sites;

- (*e*) Providing information and evidentiary items;

- (*f*) Providing originals or certified copies of relevant documents and records, including bank, financial, corporate or business records;

- (*g*) Identifying or tracing proceeds, property, instrumentalities or other things for evidentiary purposes.

  3. The Parties may afford one another any other forms of mutual legal assistance allowed by the domestic law of the requested Party.

  4. Upon request, the Parties shall facilitate or encourage, to the extent consistent with their domestic law and practice, the presence or availability of persons, including persons in custody, who consent to assist in investigations or participate in proceedings.

  5. A Party shall not decline to render mutual legal assistance under this article on the ground of bank secrecy.

  6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual legal assistance in criminal matters.

  7. Paragraphs 8 to 19 of this article shall apply to requests made pursuant to this article if the Parties in question are not bound by a treaty of mutual legal assistance. If these Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the Parties agree to apply paragraphs 8 to 19 of this article in lieu thereof.

  8. Parties shall designate an authority, or when necessary authorities, which shall have the responsibility and power to execute requests for mutual legal assistance or to transmit them to the competent authorities for execution. The authority or the authorities designated for this purpose shall be notified to the Secretary-General. Transmission of requests for mutual legal assistance and any communication related thereto shall be effected between the authorities designated by the Parties; this requirement shall be without prejudice to the right of a Party to require that such requests and communications be addressed to it through the diplomatic channel and, in urgent circumstances, where the Parties agree, through channels of the International Criminal Police Organization, if possible.

  9. Requests shall be made in writing in a language acceptable to the requested Party. The language or languages acceptable to each Party shall be notified to the Secretary-General. In urgent circumstances, and where agreed by the Parties, requests may be made orally, but shall be confirmed in writing forthwith.

  10. A request for mutual legal assistance shall contain:

- (*a*) The identity of the authority making the request;

- (*b*) The subject matter and nature of the investigation, prosecution or proceeding to which the request relates, and the name and the functions of the authority conducting such investigation, prosecution or proceeding;

- (*c*) A summary of the relevant facts, except in respect of requests for the purpose of service of judicial documents;

- (*d*) A description of the assistance sought and details of any particular procedure the requesting Party wishes to be followed;

- (*e*) Where possible, the identity, location and nationality of any person concerned;

- (*f*) The purpose for which the evidence, information or action is sought.

  11. The requested Party may request additional information when it appears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.

  12. A request shall be executed in accordance with the domestic law of the requested Party and, to the extent not contrary to the domestic law of the requested Party and where possible, in accordance with the procedures specified in the request.

  13. The requesting Party shall not transmit nor use information or evidence furnished by the requested Party for investigations, prosecutions or proceedings other than those stated in the request without the prior consent of the requested Party.

  14. The requesting Party may require that the requested Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting Party.

  15. Mutual legal assistance may be refused:

- (*a*) If the request is not made in conformity with the provisions of this article;

- (*b*) If the requested Party considers that execution of the request is likely to prejudice its sovereignty, security, public order or other essential interests;

- (*c*) If the authorities of the requested Party would be prohibited by its domestic law from carrying out the action requested with regard to any similar offence, had it been subject to investigation, prosecution or proceedings under their own jurisdiction;

- (*d*) If it would be contrary to the legal system of the requested Party relating to mutual legal assistance for the request to be granted.

  16. Reasons shall be given for any refusal of mutal legal assistance.

  17. Mutual legal assistance may be postponed by the requested Party on the ground that it interferes with an ongoing investigation, prosecution or proceeding. In such a case, the requested Party shall consult with the requesting Party to determine if the assistance can still be given subject to such terms and conditions as the requested Party deems necessary.

  18. A witness, expert or other person who consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting Party, shall not be prosecuted, detained, punished or subjected to any other restriction of his personal liberty in that territory in respect of acts, omissions or convictions prior to his departure from the territory of the requested Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days, or for any period agreed upon by the Parties, from the date on which he has been officially informed that his presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory or, having left it, has returned of his own free will.

  19. The ordinary costs of executing a request shall be borne by the requested Party, unless otherwise agreed by the Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the Parties shall consult to determine the terms and conditions under which the request will be executed as well as the manner in which the costs shall be borne.

  20. The Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to, or enhance the provisions of this article.

  **Article 8**

  TRANSFER OF PROCEEDINGS

  The Parties shall give consideration to the possibility of transferring to one another proceedings for criminal prosecution of offences established in accordance with article 3, paragraph 1, in cases where such transfer is considered to be in the interests of a proper administration of justice.

  **Article 9**

  OTHER FORMS OF CO-OPERATION AND TRAINING

  1. The Parties shall co-operate closely with one another, consistent with their respective domestic legal and administrative systems, with a view to enhancing the effectiveness of law enforcement action to suppress the commission of offences established in accordance with article 3, paragraph 1. They shall, in particular, on the basis of bilateral or multilateral agreements or arrangements:

- (*a*) Establish and maintain channels of communication between their competent agencies and services to facilitate the secure and rapid exchange of information concerning all aspects of offences established in accordance with article 3, paragraph 1, including, if the Parties concerned deem it appropriate, links with other criminal activities;

- (*b*) Co-operate with one another in conducting enquiries, with respect to offences established in accordance with article 3, paragraph 1, having an international character, concerning:

    - (i) The identity, whereabouts and activities of persons suspected of being involved in offences established in accordance with article 3, paragraph 1;

    - (ii) The movement of proceeds or property derived from the commission of such offences;

    - (iii) The movement of narcotic drugs, psychotropic substances, substances in Table I and Table II of this Convention and instrumentalities used or intended for use in the commission of such offences;

- (*c*) In appropriate cases and if not contrary to domestic law, establish joint teams, taking into account the need to protect the security of persons and of operations, to carry out the provisions of this paragraph. Officials of any Party taking part in such teams shall act as authorized by the appropriate authorities of the Party in whose territory the operation is to take place; in all such cases, the Parties involved shall ensure that the sovereignty of the Party on whose territory the operation is to take place is fully respected;

- (*d*) Provide, when appropriate, necessary quantities of substances for analytical or investigative purposes;

- (*e*) Facilitate effective co-ordination between their competent agencies and services and promote the exchange of personnel and other experts, including the posting of liaison officers.

  2. Each Party shall, to the extent necessary, initiate, develop or improve specific training programmes for its law enforcement and other personnel, including customs, charged with the suppression of offences established in accordance with article 3, paragraph 1. Such programmes shall deal, in particular, with the following:

- (*a*) Methods used in the detection and suppression of offences established in accordance with article 3, paragraph 1;

- (*b*) Routes and techniques used by persons suspected of being involved in offences established in accordance with article 3, paragraph 1, particularly in transit States, and appropriate countermeasures;

- (*c*) Monitoring of the import and export of narcotic drugs, psychotropic substances and substances in Table I and Table II;

- (*d*) Detection and monitoring of the movement of proceeds and property derived from, and narcotic drugs, psychotropic substances and substances in Table I and Table II, and instrumentalities used or intended for use in, the commission of offences established in accordance with article 3, paragraph 1;

- (*e*) Methods used for the transfer, concealment or disguise of such proceeds, property and instrumentalities;

- (*f*) Collection of evidence;

- (*g*) Control techniques in free trade zones and free ports;

- (*h*) Modern law enforcement techniques.

  3. The Parties shall assist one another to plan and implement research and training programmes designed to share expertise in the areas referred to in paragraph 2 of this article and, to this end, shall also, when appropriate, use regional and international conferences and seminars to promote co-operation and stimulate discussion on problems of mutual concern, including the special problems and needs of transit States.

  **Article 10**

  INTERNATIONAL CO-OPERATION AND ASSISTANCE FOR TRANSIT STATES

  1. The Parties shall co-operate, directly or through competent international or regional organizations, to assist and support transit States and, in particular, developing countries in need of such assistance and support, to the extent possible, through programmes of technical co-operation on interdiction and other related activities.

  2. The Parties may undertake, directly or through competent international or regional organizations, to provide financial assistance to such transit States for the purpose of augmenting and strengthening the infrastructure needed for effective control and prevention of illicit traffic.

  3. The Parties may conclude bilateral or multilateral agreements or arrangements to enhance the effectiveness of international co-operation pursuant to this article and may take into consideration financial arrangements in this regard.

  **Article 11**

  CONTROLLED DELIVERY

  1. If permitted by the basic principles of their respective domestic legal systems, the Parties shall take the necessary measures, within their possibilities, to allow for the appropriate use of controlled delivery at the international level, on the basis of agreements or arrangements mutually consented to, with a view to identifying persons involved in offences established in accordance with article 3, paragraph 1, and to taking legal action against them.

  2. Decisions to use controlled delivery shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the Parties concerned.

  3. Illicit consignments whose controlled delivery is agreed to may, with the consent of the Parties concerned, be intercepted and allowed to continue with the narcotic drugs or psychotropic substances intact or removed or replaced in whole or in part.

  **Article 12**

  SUBSTANCES FREQUENTLY USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES

  1. The Parties shall take the measures they deem appropriate to prevent diversion of substances in Table I and Table II used for the purpose of illicit manufacture of narcotic drugs or psychotropic substances, and shall co-operate with one another to this end.

  2. If a Party or the Board has information which in its opinion may require the inclusion of a substance in Table I or Table II, it shall notify the Secretary-General and furnish him with the information in support of that notification. The procedure described in paragraphs 2 to 7 of this article shall also apply when a Party or the Board has information justifying the deletion of a substance from Table I or Table II, or the transfer of a substance from one Table to the other.

  3. The Secretary-General shall transmit such notification, and any information which he considers relevant, to the Parties, to the Commission, and, where notification is made by a Party, to the Board. The Parties shall communicate their comments concerning the notification to the Secretary-General, together with all supplementary information which may assist the Board in establishing an assessment and the Commission in reaching a decision.

  4. If the Board, taking into account the extent, importance and diversity of the licit use of the substance, and the possibility and ease of using alternate substances both for licit purposes and for the illicit manufacture of narcotic drugs or psychotropic substances, finds:

- (*a*) That the substance is frequently used in the illicit manufacture of a narcotic drug or psychotropic substance;

- (*b*) That the volume and extent of the illicit manufacture of a narcotic drug or psychotropic substance creates serious public health or social problems, so as to warrant international action, it shall communicate to the Commission an assessment of the substance, including the likely effect of adding the substance to either Table I or Table II on both licit use and illicit manufacture, together with recommendations of monitoring measures, if any, that would be appropriate in the light of its assessment.

  5. The Commission, taking into account the comments submitted by the Parties and the comments and recommendations of the Board, whose assessment shall be determinative as to scientific matters, and also taking into due consideration any other relevant factors, may decide by a two-thirds majority of its members to place a substance in Table I or Table II.

  6. Any decision of the Commission taken pursuant to this article shall be communicated by the Secretary-General to all States and other entities which are, or which are entitled to become, Parties to this Convention, and to the Board. Such decision shall become fully effective with respect to each Party one hundred and eighty days after the date of such communication.

  7. (*a*) The decisions of the Commission taken under this article shall be subject to review by the Council upon the request of any Party filed within one hundred and eighty days after the date of notification of the decision. The request for review shall be sent to the Secretary-General, together with all relevant information upon which the request for review is based.

- (*b*) The Secretary-General shall transmit copies of the request for review and the relevant information to the Commission, to the Board and to all the Parties, inviting them to submit their comments within ninety days. All comments received shall be submitted to the Council for consideration.

- (*c*) The Council may confirm or reverse the decision of the Commission. Notification of the Council's decision shall be transmitted to all States and other entities which are, or which are entitled to become, Parties to this Convention, to the Commission and to the Board.

  8. (*a*) Without prejudice to the generality of the provisions contained in paragraph 1 of this article and the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the Parties shall take the measures they deem appropriate to monitor the manufacture and distribution of substances in Table I and Table II which are carried out within their territory.

- (*b*) To this end, the Parties may:

    - (i) Control all persons and enterprises engaged in the manufacture and distribution of such substances;

    - (ii) Control under licence the establishment and premises in which such manufacture or distribution may take place;

    - (iii) Require that licensees obtain a permit for conducting the aforesaid operations;

    - (iv) Prevent the accumulation of such substances in the possession of manufacturers and distributors, in excess of the quantities required for the normal conduct of business and the prevailing market conditions.

      9. Each Party shall, with respect to substances in Table I and Table II, take the following measures:

- (*a*) Establish and maintain a system to monitor international trade in substances in Table I and Table II in order to facilitate the identification of suspicious transactions. Such monitoring systems shall be applied in close co-operation with manufacturers, importers, exporters, wholesalers and retailers, who shall inform the competent authorities of suspicious orders and transactions.

- (*b*) Provide for the seizure of any substance in Table I or Table II if there is sufficient evidence that it is for use in the illicit manufacture of a narcotic drug or psychotropic substance.

- (*c*) Notify, as soon as possible, the competent authorities and services of the Parties concerned if there is reason to believe that the import, export or transit of a substance in Table I or Table II is destined for the illicit manufacture of narcotic drugs or psychotropic substances, including in particular information about the means of payment and any other essential elements which led to that belief.

- (*d*) Require that imports and exports be properly labelled and documented. Commercial documents such as invoices, cargo manifests, customs, transport and other shipping documents shall include the names, as stated in Table I or Table II, of the substances being imported or exported, the quantity being imported or exported, and the name and address of the exporter, the importer and, when available, the consignee.

- (*e*) Ensure that documents referred to in subparagraph (*d*) of this paragraph are maintained for a period of not less than two years and may be made available for inspection by the competent authorities.

  10. (*a*) In addition to the provisions of paragraph 9, and upon request to the Secretary-General by the interested Party, each Party from whose territory a substance in Table I is to be exported shall ensure that, prior to such export, the following information is supplied by its competent authorities to the competent authorities of the importing country:

    - (i) Name and address of the exporter and importer and, when available, the consignee;

    - (ii) Name of the substance in Table I;

    - (iii) Quantity of the substance to be exported;

    - (iv) Expected point of entry and expected date of dispatch;

    - (v) Any other information which is mutually agreed upon by the Parties.

- (*b*) A Party may adopt more strict or severe measures of control than those provided by this paragraph if, in its opinion, such measures are desirable or necessary.

  11. Where a Party furnishes information to another Party in accordance with paragraphs 9 and 10 of this article, the Party furnishing such information may require that the Party receiving it keep confidential any trade, business, commercial or professional secret or trade process.

  12. Each Party shall furnish annually to the Board, in the form and manner provided for by it and on forms made available by it, information on:

- (*a*) The amount seized of substances in Table I and Table II and, when known, their origin;

- (*b*) Any substance not included in Table I or Table II which is identified as having been used in illicit manufacture of narcotic drugs or psychotropic substances, and which is deemed by the Party to be sufficiently significant to be brought to the attention of the Board;

- (*c*) Methods of diversion and illicit manufacture.

  13. The Board shall report annually to the Commission on the implementation of this article and the Commission shall periodically review the adequacy and propriety of Table I and Table II.

  14. The provisions of this article shall not apply to pharmaceutical preparations, nor to other preparations containing substances in Table I or Table II that are compounded in such a way that such substances cannot be easily used or recovered by readily applicable means.

  **Article 13**

  MATERIALS AND EQUIPMENT

  The Parties shall take such measures as they deem appropriate to prevent trade in and the diversion of materials and equipment for illicit production or manufacture of narcotic drugs and psychotropic substances and shall co-operate to this end.

  **Article 14**

  MEASURES TO ERADICATE ILLICIT CULTIVATION OF NARCOTIC PLANTS AND TO ELIMINATE ILLICIT DEMAND FOR NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

  1. Any measures taken pursuant to this Convention by Parties shall not be less stringent than the provisions applicable to the eradication of illicit cultivation of plants contain ing narcotic and psychotropic substances and to the elimination of illicit demand for narcotic drugs and psychotropic substances under the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.

  2. Each Party shall take appropriate measures to prevent illicit cultivation of and to eradicate plants containing narcotic or psychotropic substances, such as opium poppy, coca bush and cannabis plants, cultivated illicitly in its territory. The measures adopted shall respect fundamental human rights and shall take due account of traditional licit uses, where there is historic evidence of such use, as well as the protection of the environment.

  3. (*a*) The Parties may co-operate to increase the effectiveness of eradication efforts. Such co-operation may, inter alia, include support, when appropriate, for integrated rural development leading to economically viable alternatives to illicit cultivation. Factors such as access to markets, the availability of resources and prevailing socio-economic conditions should be taken into account before such rural development programmes are implemented. The Parties may agree on any other appropriate measures of co-operation.

- (*b*) The Parties shall also facilitate the exchange of scientific and technical information and the conduct of research concerning eradication.

- (*c*) Whenever they have common frontiers, the Parties shall seek to co-operate in eradication programmes in their respective areas along those frontiers.

  4. The Parties shall adopt appropriate measures aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances, with a view to reducing human suffering and eliminating financial incentives for illicit traffic. These measures may be based, inter alia, on the recommendations of the United Nations, specialized agencies of the United Nations such as the World Health Organization, and other competent international organizations, and on the Comprehensive Multi-disciplinary Outline adopted by the International Conference on Drug Abuse and Illicit Trafficking, held in 1987, as it pertains to governmental and non-governmental agencies and private efforts in the fields of prevention, treatment and rehabilitation. The Parties may enter into bilateral or multilateral agreements or arrangements aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances.

  5. The Parties may also take necessary measures for early destruction or lawful disposal of the narcotic drugs, psychotropic substances and substances in Table I and Table II which have been seized or confiscated and for the admissibility as evidence of duly certified necessary quantities of such substances.

  **Article 15**

  COMMERCIAL CARRIERS

  1. The Parties shall take appropriate measures to ensure that means of transport operated by commercial carriers are not used in the commission of offences established in accordance with article 3, paragraph 1; such measures may include special arrangements with commercial carriers.

  2. Each Party shall require commercial carriers to take reasonable precautions to prevent the use of their means of transport for the commission of offences established in accordance with article 3, paragraph 1. Such precautions may include:

- (*a*) If the principal place of business of a commercial carrier is within the territory of the Party:

    - (i) Training of personnel to identify suspicious consignments or persons;

    - (ii) Promotion of integrity of personnel;

- (*b*) If a commercial carrier is operating within the territory of the Party:

    - (i) Submission of cargo manifests in advance, whenever possible;

    - (ii) Use of tamper-resistant, individually verifiable seals on containers;

    - (iii) Reporting to the appropriate authorities at the earliest opportunity all suspicious circumstances that may be related to the commission of offences established in accordance with article 3, paragraph 1.

      3. Each Party shall seek to ensure that commercial carriers and the appropriate authorities at points of entry and exit and other customs control areas co-operate, with a view to preventing unauthorized access to means of transport and cargo and to implementing appropriate security measures.

      **Article 16**

      COMMERCIAL DOCUMENTS AND LABELLING OF EXPORTS

      1. Each Party shall require that lawful exports of narcotic drugs and psychotropic substances be properly documented. In addition to the requirements for documentation under article 31 of the 1961 Convention, article 31 of the 1961 Convention as amended and article 12 of the 1971 Convention, commercial documents such as invoices, cargo manifests, customs, transport and other shipping documents shall include the names of the narcotic drugs and psychotropic substances being exported as set out in the respective Schedules of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the quantity being exported, and the name and address of the exporter, the importer and, when available, the consignee.

      2. Each Party shall require that consignments of narcotic drugs and psychotropic substances being exported be not mislabelled.

      **Article 17**

      ILLICIT TRAFFIC BY SEA

      1. The Parties shall co-operate to the fullest extent possible to suppress illicit traffic by sea, in conformity with the international law of the sea.

      2. A Party which has reasonable grounds to suspect that a vessel flying its flag or not displaying a flag or marks of registry is engaged in illicit traffic may request the assistance of other Parties in suppressing its use for that purpose. The Parties so requested shall render such assistance within the means available to them.

      3. A Party which has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law and flying the flag or displaying marks of registry of another Party is engaged in illicit traffic may so notify the flag State, request confirmation of registry and, if confirmed, request authorization from the flag State to take appropriate measures in regard to that vessel.

      4. In accordance with paragraph 3 or in accordance with treaties in force between them or in accordance with any agreement or arrangement otherwise reached between those Parties, the flag State may authorize the requesting State to, inter alia:

- (*a*) Board the vessel;

- (*b*) Search the vessel;

- (*c*) If evidence of involvement in illicit traffic is found, take appropriate action with respect to the vessel, persons and cargo on board.

  5. Where action is taken pursuant to this article, the Parties concerned shall take due account of the need not to endanger the safety of life at sea, the security of the vessel and the cargo or to prejudice the commercial and legal interests of the flag State or any other interested State.

  6. The flag State may, consistent with its obligations in paragraph 1 of this article, subject its authorization to conditions to be mutually agreed between it and the requesting Party, including conditions relating to responsibility.

  7. For the purposes of paragraphs 3 and 4 of this article, a Party shall respond expeditiously to a request from another Party to determine whether a vessel that is flying its flag is entitled to do so, and to requests for authorization made pursuant to paragraph 3. At the time of becoming a Party to this Convention, each Party shall designate an authority or, when necessary, authorities to receive and respond to such requests. Such designation shall be notified through the Secretary-General to all other Parties within one month of the designation.

  8. A Party which has taken any action in accordance with this article shall promptly inform the flag State concerned of the results of that action.

  9. The Parties shall consider entering into bilateral or regional agreements or arrangements to carry out, or to enhance the effectiveness of, the provisions of this article.

  10. Action pursuant to paragraph 4 of this article shall be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

  11. Any action taken in accordance with this article shall take due account of the need not to interfere with or affect the rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea.

  **Article 18**

  FREE TRADE ZONES AND FREE PORTS

  1. The Parties shall apply measures to suppress illicit traffic in narcotic drugs, psychotropic substances and substances in Table I and Table II in free trade zones and in free ports that are no less stringent than those applied in other parts of their territories.

  2. The Parties shall endeavour:

- (*a*) To monitor the movement of goods and persons in free trade zones and free ports, and, to that end, shall empower the competent authorities to search cargoes and incoming and outgoing vessels, including pleasure craft and fishing vessels, as well as aircraft and vehicles and, when appropriate, to search crew members, passengers and their baggage;

- (*b*) To establish and maintain a system to detect consignments suspected of containing narcotic drugs, psychotropic substances and substances in Table I and Table II passing into or out of free trade zones and free ports;

- (*c*) To establish and maintain surveillance systems in harbour and dock areas and at airports and border control points in free trade zones and free ports.

  **Article 19**

  THE USE OF THE MAILS

  1. In conformity with their obligations under the Conventions of the Universal Postal Union, and in accordance with the basic principles of their domestic legal systems, the Parties shall adopt measures to suppress the use of the mails for illicit traffic and shall co-operate with one another to that end.

  2. The measures referred to in paragraph 1 of this article shall include, in particular:

- (*a*) Co-ordinated action for the prevention and repression of the use of the mails for illicit traffic;

- (*b*) Introduction and maintenance by authorized law enforcement personnel of investigative and control techniques designed to detect illicit consignments of narcotic drugs, psychotropic substances and substances in Table I and Table II in the mails;

- (*c*) Legislative measures to enable the use of appropriate means to secure evidence required for judicial proceedings.

  **Article 20**

  INFORMATION TO BE FURNISHED BY THE PARTIES

  1. The Parties shall furnish, through the Secretary-General, information to the Commission on the working of this Convention in their territories and, in particular:

- (*a*) The text of laws and regulations promulgated in order to give effect to the Convention;

- (*b*) Particulars of cases of illicit traffic within their jurisdiction which they consider important because of new trends disclosed, the quantities involved, the sources from which the substances are obtained, or the methods employed by persons so engaged.

  2. The Parties shall furnish such information in such a manner and by such dates as the Commission may request.

  **Article 21**

  FUNCTIONS OF THE COMMISSION

  The Commission is authorized to consider all matters pertaining to the aims of this Convention and, in particular:

- (*a*) The Commission shall, on the basis of the information submitted by the Parties in accordance with article 20, review the operation of this Convention;

- (*b*) The Commission may make suggestions and general recommendations based on the examination of the information received from the Parties;

- (*c*) The Commission may call the attention of the Board to any matters which may be relevant to the functions of the Board;

- (*d*) The Commission shall, on any matter referred to it by the Board under article 22, paragraph 1(*b*), take such action as it deems appropriate;

- (*e*) The Commission may, in conformity with the procedures laid down in article 12, amend Table I and Table II;

- (*f*) The Commission may draw the attention of non-Parties to decisions and recommendations which it adopts under this Convention, with a view to their considering taking action in accordance therewith.

  **Article 22**

  FUNCTIONS OF THE BOARD

  1. Without prejudice to the functions of the Commission under article 21, and without prejudice to the functions of the Board and the Commission under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention:

- (*a*) If, on the basis of its examination of information available to it, to the Secretary-General or to the Commission, or of information communicated by United Nations organs, the Board has reason to believe that the aims of this Convention in matters related to its competence are not being met, the Board may invite a Party or Parties to furnish any relevant information;

- (*b*) With respect to articles 12, 13 and 16:

    - (i) After taking action under subparagraph (*a*) of this article, the Board, if satisfied that it is necessary to do so, may call upon the Party concerned to adopt such remedial measures as shall seem under the circumstances to be necessary for the execution of the provisions of articles 12, 13 and 16;

    - (ii) Prior to taking action under (iii) below, the Board shall treat as confidential its communications with the Party concerned under the preceding subparagraphs;

    - (iii) If the Board finds that the Party concerned has not taken remedial measures which it has been called upon to take under this subparagraph, it may call the attention of the Parties, the Council and the Commission to the matter. Any report published by the Board under this subparagraph shall also contain the views of the Party concerned if the latter so requests.

      2. Any Party shall be invited to be represented at a meeting of the Board at which a question of direct interest to it is to be considered under this article.

      3. If in any case a decision of the Board which is adopted under this article is not unanimous, the views of the minority shall be stated.

      4. Decisions of the Board under this article shall be taken by a two-thirds majority of the whole number of the Board.

      5. In carrying out its functions pursuant to subparagraph 1(*a*) of this article, the Board shall ensure the confidentiality of all information which may come into its possession.

      6. The Board's responsibility under this article shall not apply to the implementation of treaties or agreements entered into between Parties in accordance with the provisions of this Convention.

      7. The provisions of this article shall not be applicable to disputes between Parties falling under the provisions of article 32.

      **Article 23**

      REPORTS OF THE BOARD

      1. The Board shall prepare an annual report on its work containing an analysis of the information at its disposal and, in appropriate cases, an account of the explanations, if any, given by or required of Parties, together with any observations and recommendations which the Board desires to make. The Board may make such additional reports as it considers necessary. The reports shall be submitted to the Council through the Commission which may make such comments as it sees fit.

      2. The reports of the Board shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties shall permit their unrestricted distribution.

      **Article 24**

      APPLICATION OF STRICTER MEASURES THAN THOSE REQUIRED BY THIS CONVENTION

      A Party may adopt more strict or severe measures than those provided by this Convention if, in its opinion, such measures are desirable or necessary for the prevention or suppression of illicit traffic.

      **Article 25**

      NON-DEROGATION FROM EARLIER TREATY RIGHTS AND OBLIGATIONS

      The provisions of this Convention shall not derogate from any rights enjoyed or obligations undertaken by Parties to this Convention under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.

      **Article 26**

      SIGNATURE

      This Convention shall be open for signature at the United Nations Office at Vienna, from 20 December 1988 to 28 February 1989, and thereafter at the Headquarters of the United Nations at New York, until 20 December 1989, by:

- (*a*) All States;

- (*b*) Namibia, represented by the United Nations Council for Namibia;

- (*c*) Regional economic integration organizations which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention, references under the Convention to Parties, States or national services being applicable to these organizations within the limits of their competence.

  **Article 27**

  RATIFICATION, ACCEPTANCE, APPROVAL OR ACT OF FORMAL CONFIRMATION

  1. This Convention is subject to ratification, acceptance or approval by States and by Namibia, represented by the United Nations Council for Namibia, and to acts of formal confirmation by regional economic integration organizations referred to in article 26, subparagraph (*c*). The instruments of ratification, acceptance or approval and those relating to acts of formal confirmation shall be deposited with the Secretary-General.

  2. In their instruments of formal confirmation, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.

  **Article 28**

  ACCESSION

  1. This Convention shall remain open for accession by any State, by Namibia, represented by the United Nations Council for Namibia, and by regional economic integration organizations referred to in article 26, subparagraph (*c*). Accession shall be effected by the deposit of an instrument of accession with the Secretary-General.

  2. In their instruments of accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.

  **Article 29**

  ENTRY INTO FORCE

  1. This Convention shall enter into force on the ninetieth day after the date of the deposit with the Secretary-General of the twentieth instrument of ratification, acceptance, approval or accession by States or by Namibia, represented by the Council for Namibia.

  2. For each State or for Namibia, represented by the Council for Namibia, ratifying, accepting, approving or acceding to this Convention after the deposit of the twentieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of the deposit of its instrument of ratification, acceptance, approval or accession.

  3. For each regional economic integration organization referred to in article 26, subparagraph (*c*) depositing an instrument relating to an act of formal confirmation or an instrument of accession, this Convention shall enter into force on the ninetieth day after such deposit, or at the date the Convention enters into force pursuant to paragraph 1 of this article, whichever is later.

  **Article 30**

  DENUNCIATION

  1. A Party may denounce this Convention at any time by a written notification addressed to the Secretary-General.

  2. Such denunciation shall take effect for the Party concerned one year after the date of receipt of the notification by the Secretary-General.

  **Article 31**

  AMENDMENTS

  1. Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons therefor shall be communicated by that Party to the Secretary-General, who shall communicate it to the other Parties and shall ask them whether they accept the proposed amendment. If a proposed amendment so circulated has not been rejected by any Party within twenty-four months after it has been circulated, it shall be deemed to have been accepted and shall enter into force in respect of a Party ninety days after that Party has deposited with the Secretary-General an instrument expressing its consent to be bound by that amendment.

  2. If a proposed amendment has been rejected by any Party, the Secretary-General shall consult with the Parties and, if a majority so requests, he shall bring the matter, together with any comments made by the Parties, before the Council which may decide to call a conference in accordance with Article 62, paragraph 4, of the Charter of the United Nations. Any amendment resulting from such a conference shall be embodied in a Protocol of Amendment. Consent to be bound by such a Protocol shall be required to be expressed specifically to the Secretary-General.

  **Article 32**

  SETTLEMENT OF DISPUTES

  1. If there should arise between two or more Parties a dispute relating to the interpretation or application of this Convention, the Parties shall consult together with a view to the settlement of the dispute by negotiation, enquiry, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.

  2. Any such dispute which cannot be settled in the manner prescribed in paragraph 1 of this article shall be referred, at the request of any one of the States Parties to the dispute, to the International Court of Justice for decision.

  3. If a regional economic integration organization referred to in article 26, subparagraph (*c*) is a Party to a dispute which cannot be settled in the manner prescribed in paragraph 1 of this article, it may, through a State Member of the United Nations, request the Council to request an advisory opinion of the International Court of Justice in accordance with Article 65 of the Statute of the Court, which opinion shall be regarded as decisive.

  4. Each State, at the time of signature or ratification, acceptance or approval of this Convention or accession thereto, or each regional economic integration organization, at the time of signature or deposit of an act of formal confirmation or accession, may declare that it does not consider itself bound by paragraphs 2 and 3 of this article. The other Parties shall not be bound by paragraphs 2 and 3 with respect to any Party having made such a declaration.

  5. Any Party having made a declaration in accordance with paragraph 4 of this article may at any time withdraw the declaration by notification to the Secretary-General.

  **Article 33**

  AUTHENTIC TEXTS

  The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equally authentic.

  **Article 34**

  DEPOSITARY

  The Secretary-General shall be the depositary of this Convention.

  IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention.

  DONE AT VIENNA, in one original, this twentieth day of December one thousand nine hundred and eighty-eight.

  **Sixth Schedule: Part II**

  **Declarations and Reservations to the UNITED NATIONS CONVENTIONS AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, 1988**

  (Unless otherwise indicated, the declarations and reservations were made upon ratification, accession, acceptance, approval, formal confirmation or succession. For objections thereto, see hereinafter.)

  **Algeria:**

  Reservation:

  The People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 32, paragraph 2, the compulsory referral of any dispute to the International Court of Justice.

  The People's Democratic Republic of Algeria declares that for a dispute to be referred to the International Court of Justice the agreement of all the parties to the dispute is necessary in each case.

  **Andorra:**

  Reservation:

  With respect to the option provided in paragraph 4 of article 32, the Andorran State does consider itself bound by the provisions of paragraphs 2 and 3 of this article.

  With respect to paragraph 2, the Andorran State considers that any dispute which cannot be settled in the manner prescribed in paragraph 1 of the aforementioned article will be referred to the International Court of Justice only with the agreement of all parties involved in the dispute.

  Declaration:

  Since the Andorran legal system already embodies almost all the measures referred to in the Vienna Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, accession to the aforementioned Convention will entail only minor changes in the Andorran State's legal system, which will be taken into account in the future legislative activity. From the point of view of the rights and obligations arising from accession to this Convention, without renouncing the specific characteristics of its domestic legislation, in particular with respect to the protection of individual freedoms and the rights of bona fide third parties, and to the preservation of national sovereignty and the common good, Andorra undertakes to assume the obligations among States arising from the Vienna Convention and to cooperate, through its judicial authorities and on the basis of reciprocity, with the other States which have accepted the provisions of the aforementioned Convention.

  **Austria:**

  Declarations:

  “re. Art. 2:

  The Republic of Austria interprets the reference to the fundamental provisions of domestic legislative systems in art. 2 para 1 in the sense that the contents of these fundamental provisions may be subject to change. The same applies to all other references of the Convention to domestic law, its fundamental principles or the national constitutional order like they are contained in art. 3 para 1 lit.c; para 2, para 10 and para 11; art. 5 para 4 lit.c; para 7 and para 9 or art. 11 para 1.

  re. Art. 3:

  The Republic of Austria interprets art. 3 para 1 and 2 as follows: In cases of a minor nature, the obligations contained in this provision may also be implemented by the creation of administrative penal regulations providing adequate sanction for the offences enumerated therein.

  re. Art. 7 para 10 to 12:

  The Republic of Austria declares that in pursuance of its domestic law, a request for the search of persons or rooms, for the seizure of objects or for the surveillance of telecommunication requires the enclosure of the certified copy or photocopy of the decision of the competent authority. If the decision has not been rendered by a court, a declaration of the authority requesting legal assistance has to be furnished, stating that all necessary preconditions are fulfilled, according to the law of the requesting state.”

  **Bahrain:**

  Reservation:

  The State of Bahrain, by the ratification of this Convention, does not consider itself bound by paragraph (2) of article 32 in connection with the obligation to refer the settlement of the dispute relating to the interpretation or application of this Convention to the International Court of Justice.

  Declaration:

  Moreover, the State of Bahrain hereby declares that its ratification of this Convention shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith.

  **Belize:**

  Reservation:

  “Article 8 of the Convention requires the Parties to give consideration to the possibility of transferring to one another proceedings for criminal prosecution of certain offences where such transfer is considered to be in the interests of a proper administration of justice.

  “The courts of Belize have no extra-territorial jurisdiction, with the result that they will have no jurisdiction to prosecute offences committed abroad unless such offences are committed partly within and partly without the jurisdiction, by a person who is within the jurisdiction. Moreover, under the Constitution of Belize, the control of public prosecutions is vested in the Director of Public Prosecutions, who is an independent functionary and not under Government control.

  “Accordingly, Belize will be able to implement article 8 of the Convention only to a limited extent insofar as its Constitution and the law allows.”

  **Bolivia:**

  Reservation made upon signature and confirmed upon ratification:

  The Republic of Bolivia places on record its express reservation to article, 3, paragraph 2, and declares the inapplicability to Bolivia of those provisions of that paragraph which could be interpreted as establishing as a criminal offence the use, consumption, possession, purchase or cultivation of the coca leaf for personal consumption.

  For Bolivia such an interpretation of that paragraph is contrary to principles of its Constitution and basic concepts of its legal system which embody respect for the culture, legitimate practices, values and attributes of the nationalities making up Bolivia's population.

  Bolivia's legal system recognizes the ancestral nature of the licit use of the coca leaf which, for much of Bolivia's population, dates back over centuries. In formulating this reservation, Bolivia considers that:

  — The coca leaf is not, in and of itself, a narcotic drug or psychotropic substance;

  — The use and consumption of the coca leaf do not cause psychological or physical changes greater than those resulting from the consumption of other plants and products which are in free and universal use;

  — The coca leaf is widely used for medicinal purposes in the practice of traditional medicine, the validity of which is upheld by WHO and confirmed by scientific findings;

  — The coca leaf can be used for industrial purposes;

  — The coca leaf is widely used and consumed in Bolivia, with the result that, if such an interpretation of the above-mentioned paragraph was accepted, a large part of Bolivia's population could be considered criminals and punished as such, such an interpretation is therefore inapplicable;

  — It must be placed on record that the coca leaf is transformed into cocaine paste, sulphate and hydrochlorate when it is subjected to chemical processes which involve the use of precursors, equipment and materials which are neither manufactured in or originate in Bolivia.

  At the same time, the Republic of Bolivia will continue to take all necessary legal measures to control the illicit cultivation of coca for the production of narcotic drugs, as well as the illicit consumption, use and purchase of narcotic drugs and psychotropic substances.

  **Brazil:**

  Upon signature:

  “*a)* The signature of the Convention is made subject to the process of ratification established by the Brazilian Constitution;

  *b)* It is the understanding of the Brazilian Government that paragraph 11 of article 17 does not prevent a coastal State from requiring prior authorization for any action under this article by other States in its Exclusive Economic Zone.”

  **Brunei Darussalam:**

  Reservation:

  “In accordance with article 32 of the Convention Brunei Darussalam hereby declares that it does not consider itself bound by paragraphs 2 and 3 of the said article 32.”

  **China:**

  Declaration made upon signature and confirmed upon ratification:

  Under the Article 32, paragraph 4, China does not consider itself bound by paragraphs 2 and 3 of that article.

  **Colombia:**

  Upon signature:

  Colombia formulates a reservation to article 9, paragraph 1, of the Convention, specifically subparagraphs (b), (c), (d) and (e) thereof, since its legislation does not permit outside co-operation with the judiciary in investigating offences nor the establishment of joint teams with other countries to that end. Likewise inasmuch as samples of the substances that have given rise to investigations belong to the proceedings, only the judge, as previously, can take decisions in that regard.

  Upon ratification:

  Reservations:

  1. Colombia is not bound by article 3, paragraph 6 and 9, or article 6 of the Convention since they contravene article 35 of the Political Constitution of Colombia regarding the prohibition on extraditing Colombians by birth.

  2. With respect to article 5, paragraph 7, of the Convention, Colombia does not consider itself bound to reverse the onus of proof.

  3. Colombia has reservations in connection with article 9, paragraphs 1 (b), (c), (d) and (e), inasmuch as they conflict with the autonomy and independence of the judicial authorities in their jurisdiction over the investigation and judgement of offences.

  Declarations:

  1. No provision of the Convention may be interpreted as obliging Colombia to adopt legislative, judicial, administrative or other measures that might impair or restrict its constitutional or legal system or that go beyond the terms of the treaties to which the Colombian State is a contracting party.

  2. It is the view of Colombia that treatment under the Convention of the cultivation of the coca leaf as a criminal offence must be harmonized with a policy of alternative development, taking into account the rights of the indigenous communities involved and the protection of the environment. In this connection it is the view of Colombia that the discriminatory, inequitable and restrictive treatment accorded its agricultural export products on international markets does nothing to contribute to the control of illicit crops, but, rather, is a cause of social and environmental degradation in the areas affected. Further, Colombia reserves the right to make an independent evaluation of the ecological impact of drug control policies, since those that have a negative impact on ecosystems contravene the Constitution.

  3. It is the understanding of Colombia that article 3, paragraph 7, of the Convention will be applied in accordance with its penal system, taking into account the benefits of its policies regarding the indictment of and collaboration with alleged criminals.

  4. A request for reciprocal legal assistance will not be met when the Colombian judicial and other authorities consider that to do so would run counter to the public interest or the constitutional or legal order. The principle of reciprocity must also be observed.

  5. It is the understanding of Colombia that article 3, paragraph 8, of the Convention does not imply the non-applicability of the statutory limitation of penal action.

  6. Article 24 of the Convention, on “more strict or severe measures”, may not be interpreted as conferring on the Government powers that are broader than those conferred by the Political Constitution of Colombia, including in states of exception.

  7. It is the understanding of Colombia that the assistance provided for under article 17 of the Convention will be effective only on the high seas and at the express request and with the authorization of the Colombian Government.

  8. Colombia declares that it considers contrary to the principles and norms of international law, in particular those of sovereign equality, territorial integrity and non-intervention, any attempt to abduct or illegally deprive of freedom any person within the territory of one State for the purpose of bringing that person before the courts of another State.

  9. It is the understanding of Colombia that the transfer of proceedings referred to in article 8 of the Convention will take place in such a way as not to impair the constitutional guarantees of the right of defence. Further, Colombia declares with respect to article 6, paragraph 10, of the Convention that, in the execution of foreign sentences, the provisions of article 35, paragraph 2, of its Political Constitution and other legal and constitutional norms must be observed.

  The international obligations deriving from article 3, paragraphs 1 (c) and 2, as well as from article 11 are conditional on respect for Colombian constitutional principles and the above three reservations and nine declarations making the Convention compatible with the Colombian constitutional order.

  **Cuba:**

  Declaration:

  The Government of the Republic of Cuba declares that it does not consider itself bound by the provisions of article 32, paragraphs 2 and 3, and that disputes which arise between the Parties should be settled by negotiation through the diplomatic channel.

  **Cyprus:**

  Upon signature:

  “[Signature is effected] subject to ratification, at the time of which reservations in respect of specific provisions of the Convention may be made and deposited in the prescribed manner. [It is understood] that such reservations, if any, cannot be incompatible with the object and purpose of this Convention.”

  Upon ratification:

  Declaration:

  “As a result of the occupation of 37 per cent of the territory of the Republic of Cyprus, which since 1974 is occupied by Turkish troops in violation of the United Nations Charter and of basic principles of international law, the Government of the Republic of Cyprus is prevented from exercising its legitimate control and jurisdiction throughout the territory of the Republic of Cyprus and consequently over those activities in the illegally occupied area which are related to illicit drug trafficking.”

  **Denmark:**

  Declarations:

  “The Convention shall not apply to the Faroe Islands and Greenland.”

  With regard to article 17:

  “Authorization granted by Danish authority pursuant to article 17 denotes only that Denmark will abstain from pleading infringement of Danish sovereignty in connection with the requesting State's boarding of a vessel. Danish authorities cannot authorize another State to take legal action on behalf of the Kingdom of Denmark.”

  **France:**

  Reservations:

  The Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that any dispute relating to the interpretation or application of the Convention which cannot be settled in the manner prescribed in paragraph 1 of the said article may not be referred to the International Court of Justice unless all the parties to the dispute agree thereto.

  Similarly, the Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 3.

  **Germany:**

  Declaration:

  It is the understanding of the Federal Republic of Germany that the basic concepts of the legal system referred to in article 3, paragraph 2 of the Convention may be subject to change.

  **Indonesia:**

  Reservation:

  “The Republic of Indonesia [...] does not consider itself bound by the provision of article 32 paragraphs (2) and (3), and take the position that disputes relating to the interpretation and application [of] the Convention which have not been settled through the channel provided for in paragraph (1) of the said article, may be referred to the International Court of Justice only with the consent of the Parties to the dispute.”

  **Iran (Islamic Republic of):**

  Upon signature:

  “The Government of the Islamic Republic of Iran wishes to express reservation to article 6, paragraph 3, of the Convention, since this provision is incompatible with our domestic law.

  “The Government furthermore wishes to make a reservation to article 32, paragraphs 2 and 3, since it does not consider itself bound to compulsory jurisdiction of the International Court of Justice and feels that any disputes arising between the Parties concerning the interpretation or application of the Convention should be resolved through direct negotiations by diplomatic means.”

  **Kuwait:**

  Reservation:

  With reservation as to paragraphs (2) and (3) of article 32 of this Convention.

  **Lebanon:**

  Reservations:

  1. The Government of the Lebanese Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that disputes relating to the interpretation or application of the Convention which are not settled by the means prescribed in paragraph 1 of that article shall be referred to the International Court of Justice only with the agreement of all of the Parties to the dispute.

  Similarly, the Government of the Lebanese Republic does not consider itself bound by the provisions of article 32, paragraph 3.

  2. The Government of the Lebanese Republic has reservations regarding article 5, paragraph 3, regarding article 7, paragraph 2 (f), and regarding article 7, paragraph 5, of the Convention.

  **Lithuania:**

  Declaration:

  “In accordance with article 6 of the said Convention the Republic of Lithuania declares that this Convention shall not be the legal basis for extradition of the Lithuanian citizens as it is provided in the Constitution of the Republic of Lithuania.”

  Reservation:

  “In accordance with paragraph 4 of article 32 of the said Convention the Republic of Lithuania will not apply provisions of paragraph 2 and 3 of article 32, referring to the disputes relating to the interpretation or application of this Convention to the International Court of Justice.”

  **Malaysia:**

  Declaration:

  “The Government of Malaysia does not consider itself bound by paragraphs 2 and 3 of article 32 of the said Convention, wherein if there should arise between two or more Parties a dispute and such dispute cannot be settled in the manner prescribed in paragraph 1 of article 32 of the Convention, Malaysia is not bound to refer the dispute to the International Court of Justice for decision.”

  **Myanmar:**

  Reservations:

  “The Government of the Union of Myanmar wishes to express reservation on article 6 relating to extradition and does not consider itself bound by the same in so far as its own Myanmar nationals are concerned.”

  “The Government further wishes to make a reservation on article 32, paragraphs 2 and 3 and does not consider itself bound by obligations to refer the disputes relating to the interpretation or application of this Convention to the International Court of Justice.”

  **Netherlands:**

  Upon signature:

  Understanding:

  “1. Article 1 — Definition of Illicit Traffic

  During the initial stages of this Conference, [the Government of the Netherlands] proposed to amend articles 15, 17, 18 and 19 (final numbering) in order to replace the generic phrase ‘illicit traffic’ by more specific language (e.g., ‘illicit transport’).

  “To some extent the underlying concerns have been met by the introduction in Article 15 of a specific reference to the ‘offences established in accordance with Article 3, paragraph 2’. On the other hand, articles 17, 18 and 19 still contain references to ‘illicit traffic in narcotic drugs, psychotropic substances and substances in table I and table II’.

  “It is the understanding [of the Government of the Netherlands] that, given the scope of these articles, the term ‘illicit traffic’ has to be understood in a limited sense, in each case taking into account the specific context. In applying these articles, [it] would therefore have to rely on the chapeau of article 1, allowing for a contextual application of the relevant definition.

  “2. Article 3

- “*(a)* [The Government of the Netherlands] notes with respect to article 3, paragraph 2 (subparagraph (b) (i) and (ii), and subparagraph (c) (i)) that the Drafting Committee has replaced the terms ‘knowing that such property is derived from an offence or offences set forth in paragraph 2’ by: ‘knowing that such property is derived from an offence or offences established in accordance with paragraph 1’. [The Government of the Netherlands] accepts this change with the understanding that this does not affect the applicability of the paragraphs referred to in cases where the offender knows that property is derived from an offence or offences that may have been established and committed under the jurisdiction of a foreign State.

- “*(b)* With respect of article 3, paragraph 6, [the Government of the Netherlands] notes that its provisions cover offences established both under paragraph 1 and paragraph 2. In view of the provisions of paragraph 4 (d) and paragraph 11 of the same article, [the Government of the Netherlands] understands that the measure of discretionary legal powers relating to the prosecution for offences established in accordance with paragraph 2 may in practice be wider than for offences established in accordance with paragraph 1.

- “*(c)* With respect to article 3, paragraphs 7 and 8, it is the understanding of [the Government of the Netherlands] that these provisions do not require the establishment of specific rules and regulations on the early release of convicted persons and the statute of limitations in respect of offences, covered by paragraph 1 of the article, which are different from such rules and regulations in respect of other, equally serious, offences. Consequently, it is [the Government's] understanding that the relevant legislation presently in force within the Kingdom sufficiently and appropriately meets the concerns expressed by the terms of these provisions.

  “Article 17

  [The Government of the Netherlands] understands the reference (in para. 3) to ‘a vessel exercising freedom of navigation’ to mean a vessel navigating beyond the external limits of the territorial sea.

  “The safeguard-clause contained in para. 11 of the article aims in [its] view at safeguarding the rights and obligations of Coastal States within the contiguous zone.

  “To the extent that vessels navigating in the contiguous zone act in infringement of the Coastal State's customs and other regulations, the Coastal State is entitled to exercise, in conformity with the relevant rules of the international law of the sea, jurisdiction to prevent and-or punish such infringement.”

  Upon acceptance:

  Reservation:

  “The Government of the Kingdom of the Netherlands accepts the provisions of article 3, paragraphs 6, 7, and 8, only in so far as the obligations under these provisions are in accordance with Dutch criminal legislation and Dutch policy on criminal matters.”

  The signature was affixed for the Kingdom in Europe, the Netherlands Antilles and Aruba. The instrument of acceptance specifies that it is for the Kingdom in Europe. As from 10 March 1999: for the Netherlands Antilles and Aruba with the following reservation: “The Government of the Kingdom of the Netherlands accepts the provisions of article 3, paragraph 6, 7 and 8, only in so far as the obligations under these provisions are in accordance with Netherlands Antillean and Aruban criminal legislation and Netherlands Antillean and Aruban policy on criminal matters.”

  **Panama:**

  Reservation:

  The Republic of Panama does not consider itself obligated to apply the measures of confiscation or seizure provided for in article 5, paragraphs 1 and 2, of the Convention to property the value of which corresponds to that of the proceeds derived from offences established in accordance with the said Convention, in so far as such measures would contravene the provisions of article 30 of the Constitution of Panama, under which there is no penalty of confiscation of property.

  **Peru:**

  Upon signature:

  Peru formulates an express reservation to paragraph 1 (a) (ii) of article 3, concerning offences and sanctions; that paragraph includes cultivation among the activities established as criminal offences, without drawing the necessary clear distinction between licit and illicit cultivation. Accordingly, Peru also formulates an express reservation to the scope of the definition of illicit traffic contained in article 1 in so far as it refers to article 3, paragraph 1 (a) (ii).

  In accordance with the provisions of article 32, paragraph 4, Peru declares, on signing the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, that it does not consider itself bound by article 32, paragraphs 2 and 3, since, in respect of this Convention, it agrees to the referral of disputes to the International Court of Justice only if all the parties, and not just one, agree to such a procedure.

  **Philippines:**

  On 24 July 1997, the Government of the Philippines informed the Secretary-General that “The Philippines, does not consider itself bound by the mandatory jurisdiction of the International Court of Justice as provided for in article 32, paragraph 2 of the same Convention.”

  **Portugal:**

  On 7 July 1999, the Government of Portugal informed the Secretary-General that the Convention would apply to Macau.

  Subsequently, the Secretary General received, on 18 November 1999, from the Government of Portugal, the following communication:

  “In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.

  From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau.”

  **San Marino:**

  Declaration:

  “[The Republic of San Marino declares] that any confiscation activity under article 5 is subject to the fact that the crime is considered as such also by San Marino legal system.

  Moreover, it declares that the establishment of “joint teams” and “liaison officers”, under article 9, item 1, letter c) and d), as well as “controlled delivery” under article 11 of the [...] Convention, are not provided for by San Marino legal system.”

  **Saudi Arabia:**

  Declarations:

  1. The Kingdom of Saudi Arabia does not regard itself bound by article 32, paragraphs 2 and 3, of the Convention;

  2. This ratification does not constitute recognition of Israel and shall not give rise to entry with it into any dealings or to the establishment with it of any relations under the Convention.

  **Singapore:**

  Declaration:

  “With respect to article 6 paragraph 3, the Republic of Singapore declares that it shall not consider the Convention as the legal basis for extradition in respect of any offence to which article 6 applies.”

  Reservation:

  “The Republic of Singapore declares, in pursuance of article 32, paragraph 4 of the Convention that it will not be bound by the provisions of article 32, paragraphs 2 and 3.”

  **Sweden:**

  Declaration:

  “Regarding article 3, paragraph 10, Swedish constitutional legislation on extradition implies that in judging whether a specific offence is to be regarded as a political offence, regard shall be paid to the circumstances in each individual case.”

  **Syrian Arab Republic:**

  Declaration:

  The accession to this Convention shall not constitute a recognition of Israel or lead to any kind of intercourse with it.

  **Turkey:**

  Reservation:

  Pursuant to paragraph 4 of article 32 of [said Convention], the Republic of Turkey is not bound by paragraphs 2 and 3 of article 32 of the Convention.

  **United Kingdom of Great Britain and Northern Ireland:**

  Reservation:

  “The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, where this is specifically requested by the person to whom the immunity would apply or by the authority designated, under article 7, paragraph 8, of the Party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the United Kingdom consider that to do so would be contrary to the public interest.”

  On 2 December 1993, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Convention would apply to the Isle of Man with the following reservation:

  “The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, in relation to the Isle of Man, where this is specifically requested by the person to whom the immunity would apply or by the authority designated under article 7, paragraph 8 of the party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the Isle of Man consider that to do so would be contrary to the public interest.”

  Subsequently, in a notification received on 8 February 1995, the Government of the United Kingdom notified the Secretary-General that the Convention should apply, as from that same date, to the following territories: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Monserrat and Turks and Caicos Islands.

  In this regard, on 6 August 1996, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland, the following communication:

  “...In relation to the aforementioned Territories the granting of immunity under article 7, paragraph 18, of the said Convention will only be considered where this is specifically requested by the person to whom the immunity would apply or by the authority designated, under article 7, paragraph 8, of the Party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of the Territory in question consider to do so would be contrary to the public interest.”

  Further, on 15 May and 7 July 1997, respectively, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Convention shall extend to Hong Kong (see also note 1) and the Bailiwick of Jersey. The application of the Convention to the Bailiwick of Jersey is subject to the following reservation:

• (1) article 7, paragraph 18 (Reservation)

“The United Kingdom of Great Britain and Northern Ireland will only consider the granting of immunity under article 7, paragraph 18, in relation to Jersey, where this is specifically requested by the person to whom the immunity would apply or by the authority designated under article 7, paragraph 8 of the party from whom assistance is requested. A request for immunity will not be granted where the judicial authorities of Jersey consider that to do so would be contrary to the public interest.”

United Republic of Tanzania:

Upon signature:

“Subject to a further determination on ratification, the United Republic of Tanzania declares that the provisions of article 17 paragraph 11 shall not be construed as either restraining in any manner the rights and privileges of a coastal State as envisaged by the relevant provisions relating to the Economic Exclusive Zone of the Law of the Sea Convention, or, as according third parties rights other than those so recognized under the Convention.”

United States of America:

Understandings:

• “(1) Nothing in this Treaty requires or authorizes legislation or other action by the United States of America prohibited by the Constitution of the United States.

• “(2) The United States shall not consider this Convention as the legal basis for extradition of citizens to any country with which the United States has no bilateral extradition treaty in force.

• “(3) Pursuant to the rights of the United States under article 7 of this treaty to deny requests which prejudice its essential interests, the United States shall deny a request for assistance when the designated authority, after consultation with all appropriate intelligence, anti-narcotic, and foreign policy agencies, has specific information that a senior government official who will have access to information to be provided under this treaty is engaged in or facilitates the production or distribution of illegal drugs.”

Declaration:

“Pursuant to article 32(4), the United States of America shall not be bound by article 32(2).”

Venezuela:

Interpretative declarations:

1. With respect to article 6: (Extradition)

It is the understanding of the Government of Venezuela that this Convention shall not be considered a legal basis for the extradition of Venezuelan citizens, as provided for in the national legislation in force.

1. With respect to article 11: (Controlled Delivery)

It is the understanding of the Government of Venezuela that publicly actionable offences in the national territory shall be prosecuted by the competent national police authorities and that the controlled delivery procedure shall be applied only in so far as it does not contravene national legislation in this matter.

Viet Nam:

Reservations:

“Reservations to article 6 on Extradition, article 32 paragraph 2 and paragraph 3 on Dispute settlement.”

Yemen:

Upon signature:

[Yemen reserves its] right to enter reservations in respect of such articles as it may see fit at a time subsequent to this signature.

China and United Kingdom:

On 6 June 1997 the Government of China notified the Secretary General of the following:

In accordance with the declaration of the Governments of the People's Republic of China and the United Kingdom of Great Britain and Northern Ireland on the question of Hong Kong signed on 19 December 1984, the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibility of the Central People's Government of the People's Republic of China.

The [said Convention], which the Government of the People's Republic of China ratified on 18 April 1983, will apply to Hong Kong Special Administrative Region with effect from 1 July 1997

The notification also contained the following declaration: The reservation to Article 9 of the said Convention made by the Government of the People's Republic of China will also apply to the Hong Kong Special Administrative Region.

The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Convention to the Hong Kong Special Administrative Region.

Subsequently, on 10 June 1997, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary General of the following: “In accordance with joint declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the said Convention to Hong Kong.”

Objections

(Unless otherwise indicated, the objections were received upon ratification, accession, acceptance, approval, formal confirmation or succession.)

Austria:

16 December 1998

With regard to the reservation to article 6 made by Viet Nam upon accession:

“Austria is of the view that the reservation raises doubts as to its ratification of the mentioned treaty. Austria is of the view that the reservation raises doubts as to its compatibility with the object and purpose of the Convention concerned, in particular the fundamental principle that perpetrators of drug-related crime should be brought to justice, regardless of their whereabouts. Non-acceptance of this principle would undermine the effectiveness of the [said] Convention.

“Austria therefore objects to the reservation. This objection does not preclude the entry into force of the [said] Convention between Austria and Vietnam.”

Germany, Italy:

16 December 1998

With regard to the reservation to article 6 made by Viet Nam upon accession:

These States “consider this reservation to be problematic in the light of the object and purpose of the Convention. The reservation made in respect of article 6 is contrary to the principle of aut dedere au iudicare” which provides that offences are brought before the court or that extradition is granted to the requesting State.

The Government of the Federal Republic of Germany, and Italy are “therefore of the opinion that the reservation jeopardizes the intention of the Convention, as stated in article 2 paragraph 1, to promote cooperation among the parties so that they may address more effectively the international dimension of illicit drug trafficking.

“The reservation may also raise doubts as to the commitment of the Government of the Socialist Republic of Viet Nam to comply with fundamental provisions of the Convention. It is in the common interest of states that international treaties which they have concluded are respected, as to their object and purpose, and that all parties are prepared to undertake any legislative and administrative changes necessary to comply with their obligations.

The Government of the Federal Republic of Germany, and Italy, therefore objects to the reservation.

“This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and Italy, and the Socialist Republic of Viet Nam.”

Finland:

25 April 1997

In a communication received on 15 January 1999, the Government of Finland notified the Secretary-General of the following:

“The Government of Finland is of the view that [this reservation] raise[s] doubts as to [its] compatibility with the object and purpose of the [Convention] concerned, in particular the [reservation] to article 6, paragraphs 2 and 9. According to the Vienna Convention on the Law of Treaties, and well-established customary international law, a reservation contrary to the object and purpose of the treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become Parties are respected as to their object and purpose by all Parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of Finland therefore objects to [this reservation] made by the Government of Viet Nam to the [Convention].

This objection does not preclude the entry into force of the [Convention] between Viet Nam and Finland. The [Convention] will thus become operative between the two States without Viet Nam benefitting from [this reservation].”

Israel:

With respect to the Kuwaiti declaration, the Secretary General received on 14 May 1990 from the Government of Israel the following communications: “The Government of the State of Israel has noted the political character of the statement made by the Government of Kuwait. In the view of the Government of the State of Israel, this Convention is not the proper place for making such political pronouncements. Moreover, the said declaration cannot in any way affect whatever obligations are binding upon Kuwait under general international law or under particular conventions. The Government of the State of Israel will, insofar as concerns the substance of the matter, adopt towards the Government of Kuwait an attitude of complete reciprocity.”

Subsequently, the Secretary-General received from the Government of Israel an objection, identical in essence, mutatis mutandis, with regard to a reservation made by Bahrain.

Mexico:

10 July 1990

With regard to the interpretative declarations made by the United States of America:

The Government of the United Mexican States considers that the third declaration submitted by the Government of the United States of America (...) constitutes a unilateral claim to justification, not envisaged in the Convention, for denying legal assistance to a State that requests it, which runs counter to the purposes of the Convention. Consequently, the Government of the United Mexican States considers that such a declaration constitutes a reservation to which it objects.

This objection should not be interpreted as impeding the entry into force of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 as between the Government of the United Mexican States and the Government of the United States of America.

Sweden:

14 December 1998

With regard to the reservation made by Viet Nam upon accession:

“...The Government of Sweden is of the view that the reservation made by the Government of Viet Nam regarding article 6, may raise doubts as to the commitment of Viet Nam to the object and purpose of the Convention.

“It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

“Furthermore, according to the Vienna Convention on the Law of Treaties of 23 May 1969, and well-established customary international law, a reservation contrary to the object and purpose of the treaty shall not be permitted.

“The Government of Sweden therefore objects to the aforesaid [reservation] by the Government of Viet Nam.

“[This objection does] not preclude the entry into force of the [Convention] between Viet Nam and Sweden. The [Convention] will thus become operative between the two States without Viet Nam benefiting from the [reservation].”

Turkey:

With regard to the declaration made by Cyprus upon ratification:

“The Republic of Cyprus, founded in 1960 as a partnership state in accordance with the international Cyprus Treaties by the Turkish Cypriot and Greek Cypriot communities, was destroyed in 1963 when the Greek Cypriot side threw the Turkish Cypriots out of the government and administration and thereby rendered the Government of Cyprus unconstitutional.

“Consequently, since December 1963, there has been no single political authority in Cyprus representing both communities and legitimately empowered to act on behalf of the whole island. The Greek Cypriot side does not possess the right or authority to become party to international instruments on behalf of Cyprus as a whole.

“The ratification of this Convention by Turkey shall in no way imply the recognition of the ‘Republic of Cyprus’ by Turkey and her accession to this Convention should not signify any obligation on the part of Turkey to enter into any dealings with the ‘Republic of Cyprus’ as are regulated by this Convention.”

United Kingdom of Great Britain and Northern Ireland:

17 December 1998

With regard to the reservation to article 6 made by Viet Nam upon accession:

“The United Kingdom is not in a position to accept [the] reservation.

“The above objection is not however, to constitute an obstacle to the entry into force of the said [Convention] as between Vietnam and the United Kingdom.”

United States of America:

23 October 1995

With regard to the reservations and declarations made by Colombia upon ratification:

“The Government of the United States of America understands the first reservation to exempt Colombia from the obligations imposed by article 3, paragraphs 6 and 9, and article 6 of the Convention only insofar as compliance with such obligations would prevent Colombia from abiding by article 35 of its Political Constitution (regarding the extradition of Colombian nationals by birth), to the extent that the reservation is intended to apply other than to the extradition of Colombian nationals by birth, the Government of the United States objects to the reservation.

“The Government of the United States of America objects to the first declaration, as it purports to subordinate Colombia's obligations under the Convention to its Constitution and international treaties, as well as to that nation's domestic legislation generally.

“The Government of the United States of America objects to the seventh declaration to the extent it purports to restrict the right of other States to freedom of navigation and other internationally lawful uses of the sea related to that freedom seaward of the outer limits of any State's territorial sea, determined in accordance with the International Law of the Sea as reflected in the 1982 United Nations Convention on the Law of the Sea.”

Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, United Kingdom of Great Britain and Northern Ireland:

27 December 1989

These States, as member States of the European Community, attached to the principal of freedom of navigation, notably in the exclusive economic zone, consider that the declaration of Brazil concerning paragraph 11 of article 17, of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted at Vienna on 20 December 1988, goes further than the rights accorded to coastal States by international law.

France, Germany, Finland, Italy, Netherlands, Sweden, United Kingdom of Great Britain and Northern Ireland:

7 March 1997

With regard to the reservations made by Lebanon upon accession:

These states have taken note of the reservations of the Government of Lebanon in respect of articles 5 and 7 of this Convention and consider these reservations to be contrary to the object and purpose of the Convention.

The Convention indicates that bank secrecy shall not be a ground for a failure to act or for a failure to render mutual assistance. These States consider that these reservations therefore undermine the object and purpose of the Convention, as stated in article 2, paragraph 1, to promote cooperation in order to address more effectively the international dimension of illicit drugs trafficking.

France:

16 December 1998

With regard to the reservation with regard to article 6 made by Viet Nam upon accession:

[The Government of France] considers [the reservation made by Viet Nam upon accession] to be contrary to the object and purpose of the Convention of 1988. France therefore objects to it.

The objection does not preclude the entry into force of the 1988 Convention between France and Viet Nam.

Austria and Greece:

In regard to the reservation made by Lebanon, the Secretary-General received communications identical in essence, mutatis mutandis, as the one made by France under “Objections”, from the following Governments on the dates indicated hereinafter:

Participants:	Date of the communication:
Austria	11 July 1997
Greece	18 July 1997.

Seventh Schedule: Part I

EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM

Strasbourg, 27.1.1977

The member States of the Council of Europe, signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Aware of the growing concern caused by the increase in acts of terrorism;

Wishing to take effective measures to ensure that the perpetrators of such acts do not escape prosecution and punishment;

Convinced that extradition is a particularly effective measure for achieving this result,

Have agreed as follows:

Article 1

For the purposes of extradition between Contracting States, none of the following offences shall be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives:

a. an offence within the scope of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970;

b. an offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971;

c. a serious offence involving an attack against the life, physical integrity or liberty of internationally protected persons, including diplomatic agents;

d. an offence involving kidnapping, the taking of a hostage or serious unlawful detention;

e. an offence involving the use of a bomb, grenade, rocket, automatic firearm or letter or parcel bomb if this use endangers persons;

f. an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 2

1. For the purpose of extradition between Contracting States, a Contracting State may decide not to regard as a political offence or as an offence connected with a political offence or as an offence inspired by political motives a serious offence involving an act of violence, other than one covered by Article 1, against the life, physical integrity or liberty of a person.

2. The same shall apply to a serious offence involving an act against property, other than one covered by Article 1, if the act created a collective danger for persons.

3. The same shall apply to an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

Article 3

The provisions of all extradition treaties and arrangements applicable between Contracting States, including the European Convention on Extradition, are modified as between Contracting States to the extent that they are incompatible with this Convention.

Article 4

For the purpose of this Convention and to the extent that any offence mentioned in Article 1 or 2 is not listed as an extraditable offence in any extradition convention or treaty existing between Contracting States, it shall be deemed to be included as such therein.

Article 5

Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State has substantial grounds for believing that the request for extradition for an offence mentioned in Article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons.

Article 6

1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over an offence mentioned in Article 1 in the case where the suspected offender is present in its territory and it does not extradite him after receiving a request for extradition from a Contracting State whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State.

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

Article 7

A Contracting State in whose territory a person suspected to have committed an offence mentioned in Article 1 is found and which has received a request for extradition under the conditions mentioned in Article 6, paragraph 1, shall, if it does not extradite that person, submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.

Article 8

1. Contracting States shall afford one another the widest measure of mutual assistance in criminal matters in connection with proceedings brought in respect of the offences mentioned in Article 1 or 2. The law of the requested State concerning mutual assistance in criminal matters shall apply in all cases. Nevertheless this assistance may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

2. Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual assistance if the requested State has substantial grounds for believing that the request for mutual assistance in respect of an offence mentioned in Article 1 or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that that person's position may be prejudiced for any of these reasons.

3. The provisions of all treaties and arrangements concerning mutual assistance in criminal matters applicable between Contracting States, including the European Convention on Mutual Assistance in Criminal Matters, are modified as between Contracting States to the extent that they are incompatible with this Convention.

Article 9

1. The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of this Convention.

2. It shall do whatever is needful to facilitate a friendly settlement of any difficulty which may arise out of its execution.

Article 10

1. Any dispute between Contracting States concerning the interpretation or application of this Convention, which has not been settled in the framework of Article 9, paragraph 2, shall, at the request of any Party to the dispute, be referred to arbitration. Each Party shall nominate an arbitrator and the two arbitrators shall nominate a referee. If any Party has not nominated its arbitrator within the three months following the request for arbitration, he shall be nominated at the request of the other Party by the President of the European Court of Human Rights. If the latter should be a national of one of the Parties to the dispute, this duty shall be carried out by the Vice-President of the Court or if the Vice-President is a national of one of the Parties to the dispute, by the most senior judge of the Court not being a national of one of the Parties to the dispute. The same procedure shall be observed if the arbitrators cannot agree on the choice of referee.

2. The arbitration tribunal shall lay down its own procedure. Its decisions shall be taken by majority vote. Its award shall be final.

Article 11

1. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.

2. The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification, acceptance or approval.

3. In respect of a signatory State ratifying, accepting or approving subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification, acceptance or approval.

Article 12

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Convention shall apply.

2. Any State may, when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

3. Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect immediately or at such later date as may be specified in the notification.

Article 13

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives, provided that it undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons; or

b. that it affected persons foreign to the motives behind it; or

c. that cruel or vicious means have been used in the commission of the offence.

1. Any State may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.

2. A State which has made a reservation in accordance with paragraph 1 of this article may not claim the application of Article 1 by any other State; it may, however, if its reservation is partial or conditional, claim the application of that article in so far as it has itself accepted it.

Article 14

Any Contracting State may denounce this Convention by means of a written notification addressed to the Secretary General of the Council of Europe. Any such denunciation shall take effect immediately or at such later date as may be specified in the notification.

Article 15

This Convention ceases to have effect in respect of any Contracting State which withdraws from or ceases to be a member of the Council of Europe.

Article 16

The Secretary General of the Council of Europe shall notify the member States of the Council of:

a. any signature;

b. any deposit of an instrument of ratification, acceptance or approval;

c. any date of entry into force of this Convention in accordance with Article 11 thereof;

d. any declaration or notification received in pursuance of the provisions of Article 12;

e. any reservation made in pursuance of the provisions of Article 13, paragraph 1;

f. the withdrawal of any reservation effected in pursuance of the provisions of Article 13, paragraph 2;

g. any notification received in pursuance of Article 14 and the date on which denunciation takes effect;

h. any cessation of the effects of the Convention pursuant to Article 15.

In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

Done at Strasbourg, this 27th day of January 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory States.

SEVENTH SCHEDULE: PART II

List of declarations and reservations made with respect to the

EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM

Belgium:

Reservation made at the time of deposit of the instrument of ratification, on 31 October 1985:

The Belgian Government referring to Article 13.1 of the Convention on the Suppression of Terrorism, declares as follows:

With the exception of offences committed upon the taking of hostages and other connected offences, Belgium reserves the right to refuse extradition in respect of any offence, mentioned in Article 1, which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives; in these cases, Belgium undertakes to take into due consideration, when evaluating the character of the offence, its particularly serious aspects, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons; or,

b. that it affected persons foreign to the motives behind it; or

c. that cruel or vicious means have been used in the commission of the offence.

Bulgaria:

Reservation contained in the instrument of ratification deposited on 17 February 1998:

The Republic of Bulgaria reserves its right in accordance with Article 13, paragraph 1, of the Convention, to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence. The Republic of Bulgaria shall interpret its reservation in the sense that homicide or offences involving homicide shall not be considered as political offences.

Cyprus:

Reservation contained in the instrument of ratification deposited on 26 February 1979:

When depositing this instrument of ratification, the Permanent Representative declares that the Republic of Cyprus makes the following Reservation in accordance with Article 13.1 of the Convention:

“The Government of the Republic of Cyprus reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.”

Declaration contained in the instrument of ratification deposited on 26 February 1979:

With respect to Article 7 of the Convention and pursuant to the Republic of Cyprus the Extension of Jurisdiction of National Courts with respect to certain Terrorist Offences Law of 1979 which has been enacted by the House of Representatives of the Republic of Cyprus on the 18th January 1979, the national courts of Cyprus can prosecute a person suspected to have committed an offence mentioned in Article 1 of this Convention.

Declaration contained in the instrument of ratification deposited on 26 February 1979:

The Government of the Republic of Cyprus wishes to notify that its reservations and declarations made on 22nd January 1971 when depositing its Instrument of Ratification with regard to the European Convention on Extradition of 13th December 1957 are still valid.”

Denmark:

Declaration made at the time of deposit of the instrument of ratification, on 27 June 1978:

Provisionally, the Convention does not apply to the Faroe Islands and Greenland.

Reservation made at the time of deposit of the instrument of ratification, on 27 June 1978:

The Danish Government, in accordance with the provisions of Article 13 of this Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.

Estonia:

Reservation contained in the instrument of ratification, deposited on 27 March 1997:

The Republic of Estonia, in accordance with Article 13, paragraph 1, of the Convention, and subject to the conditions thereof, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention which it considers to be a political offence or an offence connected with a political offence.

Finland:

Reservation contained in the instrument of acceptance, deposited on 9 February 1990:

The Government of Finland, in accordance with the provisions of Article 13 of this Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.

France:

Declaration made at the time of signature, on 27 January 1977:

In deciding to sign the European Convention on the Suppression of Terrorism today the Government wished to demonstrate its solidarity with the other European countries in combating a danger which has caused — and still causes — a number of innocent victims and very properly arouses public feeling.

The signature is the logical consequence of the action we have been taking for several years and which has caused us on several occasions to strengthen our internal legislation and to ratify The Hague and Montreal Conventions on air terrorism.

It is self-evident that efficiency in this struggle must be reconciled with respect for the fundamental principles of our criminal law and our Constitution, which states in its Preamble that “Anyone persecuted on account of his action for the cause of liberty has the right to asylum on the territory of the Republic”.

It is also clear that such a high degree of solidarity as is provided for in the Council of Europe Convention can only apply between States sharing the same ideals of freedom and democracy.

France will therefore subject the application of the Convention to certain conditions. On ratification it will make the reservations necessary to ensure that the considerations I have just mentioned will be taken into account and that human rights will at no time be endangered.

There is a further point of very special importance to the government: this is the success of the work of the Nine in the same field following the decisions of the European Council on 13 July 1976. We wish to avoid risks of conflict between the two texts and the government therefore does not intend to ratify the Strasbourg Convention before the instrument which will be prepared by the Nine.

Furthermore, taking action against terrorism does not absolve us from tackling the political problem of the causes of terrorism. For in many respects the real struggle against terrorism is a struggle for a just peace which guarantees everyone's legitimate rights.

Reservation made at the time of ratification, on 21 September 1987:

The Government of the French Republic declares that it reserves the right to refuse extradition in accordance with the provisions of Article 13, paragraph 1, of the Convention.

Declaration made at the time of ratification, on 21 September 1987:

France wishes to recall, in accordance with the declaration which it made at the time of signature of the Convention, on 27 January 1977, that the struggle to be carried on against terrorism must be reconciled with respect for the fundamental principles of our criminal law and our Constitution which states in its preamble that “anyone persecuted on account of his action for the cause of liberty has the right to asylum in the territories of the Republic” and that the enforcement of the European Convention on the Suppression of Terrorism should not result in derogating from the right of asylum.

Declaration made at the time of ratification, on 21 September 1987:

The Government of the French Republic declares that it will only apply the European Convention on the Suppression of Terrorism to offences committed after the date of its entry into force.

Declaration made at the time of ratification. on 21 September 1987:

In accordance with Article 12.1 of the Convention, the Government of the French Republic declares that the Convention on the Suppression of Terrorism applies to the European and overseas departments of the French Republic.

Germany:

Declaration contained in a letter from the Permanent Representative of the Federal Republic of Germany, dated 3 May 1978 handed to the Secretary-General at the time of deposit of the instrument of ratification, on 3 May 1978:

With effect from the date on which the said Convention enters into force for the Federal Republic of Germany, it shall also apply to Land Berlin, subject to the rights, responsibilities and legislation of the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

In particular, nationals of the French Republic, the United Kingdom of Great Britain and Northern Ireland or the United States of America shall not be extradited without the consent of the appropriate Sector Commandant.

Greece:

Reservation contained in a letter from the Permanent Representative of Greece, dated 5 September 1988, registered at the Secretariat General on 6 September 1988.

In pursuance of Article 13 of the European Convention on the Suppression of Terrorism, Greece declares that it reserves the right, in accordance with paragraph 1 of the same article, to refuse extradition for any of the offences listed in Article 1 of the Convention if the person suspected of having committed the offence is being prosecuted for his or her action in favour of freedom.

The letter from the Permanent Representative of Greece reads as follows:

Sir,

On 4 August 1988, as you know, Greece deposited its instrument of ratification in respect of the European Convention on the Suppression of Terrorism, signed in Strasbourg on 27 January 1977. As expressly stated in the instrument of ratification, the aforesaid Convention was approved in Greece by Act N (1789/1988, published in the Official Gazette No 133 of 20 June 1988 (section A). The authentic Greek-language text of this act is enclosed herewith. It may be seen that, after approving the Convention in the usual way, Section 1 of the act specifies that such approval is subject to the following reservation by Parliament:

“In pursuance of Article 13 of the European Convention on the Suppression of Terrorism, Greece declares that it reserves the right, in accordance with paragraph 1 of the same article, to refuse extradition for any of the offences listed in Article 1 of the Convention if the person suspected of having committed the offence is being prosecuted for his or her action in favour of freedom.” It is clear that the reference, both express and general, made in our instrument of ratification to Act No. 1789/1988 applies to the whole of Section 1 of this act, which is the main provision of the act, and that it obviously covers the above-mentioned reservation. This reservation should therefore be treated as being implicitly incorporated in the instrument of ratification as an integral part of the approving act referred to therein. Unfortunately, as a result of an error, the aforesaid reservation was not explicitly and specifically declared as such to the Council of Europe Secretariat at the time of the deposit of the instrument of ratification, as the usual practice in the matter requires.

Accordingly, in order to correct this error and thus supplement and clarify our instrument of ratification, we hereby communicate to you, in your capacity as depositary of the Convention, the text of the above-mentioned reservation, which will take effect on the date on which the Convention comes into force in respect of Greece. We apologise for this error.

Hungary:

Reservation contained in a letter of the Minister for Foreign Affairs of Hungary, dated 27 March 1997, handed over to the Secretary-General at the time of deposit of the instrument of ratification, on 6 May 1997:

The Republic of Hungary reserves its right — notwithstanding its obligation defined in Article 13, paragraph 1 — to refuse the request for extradition in respect of any offences enumerated in Article 1, if the offence is considered to be political. The Republic of Hungary shall interpret its reservation in the sense that homicide or offences involving homicide shall not be considered as political offences.

Iceland:

Reservation contained in the instrument of ratification deposited on 11 July 1980:

The Government of Iceland, in accordance with the provisions of Article 13 of the Convention and subject to the undertaking contained in that article, reserves the right to refúse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives.

Italy:

Reservation made at the time of signature, on 27 January 1977, and confirmed at the time of deposit of the instrument of ratification, on 28 February 1986:

Italy declares that it reserves the right to refuse extradition and mutual assistance in criminal matters in respect to any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives: in this case Italy undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons; or,

b. that it affected persons foreign to the motives behind it; or,

c. that cruel or vicious means have been used in the commission of the offence.

Malta:

Reservation made at the time of deposit of the instrument of ratification, on 19 March 1996:

The Government of Malta ratifies this Convention subject to the provisions of the Maltese Constitution relative to extradition for offences of a political nature;

And furthermore, declares that in accordance with the provisions of Article 13, paragraph 1, of the Convention, it reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention if it considers it to be a political offence or connected with a political offence or inspired by political motives.

Netherlands:

Declaration contained in the instrument of acceptance deposited, on 18 April 1985:

The Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe.

Reservation contained in the instrument of acceptance deposited, on 18 April 1985:

With due observance of Article 13, paragraph 1, of the Convention, the Kingdom of the Netherlands reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention including the attempt to commit or participation in one of these offences, which it considers to be a political offence or an offence connected with a political offence.

Norway:

Reservation contained in the instrument of ratification deposited on 10 January 1980:

Norway declares that it reserves the right to refuse extradition and mutual assistance in criminal matters in respect of any offence mentioned in Article 1 which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives. In this case Norway undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence including:

a. that it created a collective danger to the life, physical integrity or liberty of persons; or

b. that it affected persons foreign to the motives behind it; or,

c. that cruel or vicious means have been used in the commission of the offence.

Portugal:

Reservation contained in the instrument of ratification deposited on 14 December 1981:

As requested State, Portugal shall not grant extradition for offences punishable in the requesting State with either the death penalty, life imprisonment or a detention order involving deprivation of liberty for life.

Russia:

Declaration contained in the instrument of ratification deposited on 4 November 2000:

The Russian Federation assumes that the provisions of Article 5 and Article 8, paragraph 2, of the Convention shall be applied in such a way that would ensure inevitable liability for the commitment of crimes falling within the Convention, without prejudice to effective international co-operation in extradition and legal assistance matters.

Sweden:

Reservation contained in a letter from the Minister for Foreign Affairs of Sweden, dated 11 July 1977, handed to the Secretary-General at the time of deposit of the instrument of ratification, on 15 September 1977:

The Swedish Government, in accordance with the provisions of Article 13 of this Convention and subject to the undertaking contained in that article, reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.

Switzerland:

Reservation contained in the instrument of ratification deposited on 19 May 1983:

Switzerland reserves the right to refuse extradition in respect of any offence mentioned in Article 1, which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives; in these cases, Switzerland provides that it undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons, or

b. that it affected persons foreign to the motives behind it, or

c. that cruel or vicious means have been used in the commission of the offence.

United Kingdom:

Declaration contained in the instrument of ratification deposited on 24 July 1978:

The Government of the United Kingdom of Great Britain and Northern Ireland, having considered the Convention aforesaid, hereby confirm and ratify the same in respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man.

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 17 November 1988, registered at the Secretariat General on 21 November 1988:

I have the honour to inform you in accordance with Article 12, paragraph 2, of the Convention, that the Government of the United Kingdom hereby extend the application of this Convention to Gibraltar.

Eighth Schedule

TREATY ON EXTRADITION BETWEEN IRELAND AND AUSTRALIA

TREATY ON EXTRADITION BETWEEN IRELAND AND AUSTRALIA

IRELAND AND AUSTRALIA,

DESIRING to make more effective the co-operation of the two countries in the suppression of crime, HAVE AGREED as follows:

Article I

Obligation to extradite

Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty, but subject to the law of the requested State and to such exceptions as are therein provided, any persons, including its citizens or nationals, who are wanted for prosecution or for the imposition or enforcement of a sentence in the requesting State for an extraditable offence.

Article II

Extraditable offences

1. For the purposes of this Treaty, an extraditable offence is an offence however described which is punishable under the laws of both Contracting Parties by imprisonment for a period of at least one year or by a more severe penalty. Where the request for extradition relates to a person who has been convicted and sentenced to a term of imprisonment in respect of such an offence, extradition shall be granted only if imprisonment for a period of at least six months remains to be served.

2. For the purposes of this Article, it shall not matter whether or not the laws of the Contracting Parties place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same terminology.

3. Where the offence has been committed outside the territory of the requesting State, extradition shall be granted where the law of the requested State provides for the punishment of an offence committed outside its territory in similar circumstances. Where the law of the requested State does not so provide, that State may, in its discretion, grant extradition.

4. Extradition shall be granted, subject to the provisions of this Treaty, whether the offence in relation to which extradition is sought was committed before or after this Treaty enters into force, provided that:

   • (a) it was an offence under the law of the requesting State at the time of the acts or omissions constituting the offence; and

   • (b) the acts or omissions alleged would, if they had taken place in the requested State at the time of the making of the request for extradition, have constituted an offence under the law of that State.

   Article III

   Exceptions to extradition

   1. Extradition shall not be granted in any of the following circumstances:

   2. (a) if the offence for which extradition is requested is a political offence or an offence connected with a political offence. Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of his family or an offence against the law relating to genocide;

   3. (b) if there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that his position may be prejudiced for any of these reasons;

   4. (c) if the offence for which extradition is requested is an offence under military law which is not an offence under the ordinary criminal law of the Contracting Parties;

   5. (d) if the offence for which extradition is requested is regarded under the law of the requested State as having been committed in that State;

   6. (e) if a prosecution in respect of the offence for which extradition is requested is pending in the requested State against the person whose extradition is sought;

   7. (f) if final judgment has been passed in the requested State or in a third State upon the person claimed in respect of the offence for which his extradition is sought; or

   8. (g) if the person whose extradition is sought has, according to the law of either Contracting Party, become immune from prosecution or punishment by reason of lapse of time.

   9. Extradition may be refused in any of the following circumstances:

   10. (a) if the offence for which extradition is requested is a revenue offence. For the purpose of this exception, “revenue offence” means an offence in connection with taxes duties or exchange control but does not include an offence involving the use or threat of force, or perjury or the forging of a document issued under statutory authority or an offence alleged to have been committed by an officer of the revenue of the requesting State in his capacity as such officer;

   11. (b) if the competent authorities of the requested State have decided either not to institute, or to terminate, proceedings against the person claimed for the offence in respect of which extradition is sought; or

   12. (c) if the offence for which extradition is requested is punishable by death under the law of the requesting State and in respect of the offence such penalty is not provided for in the law of the requested State or is not generally carried out, unless the requesting State gives such assurance as the requested State considers sufficient that the death penalty will not be carried out.

   Article IV

   Postponement of surrender

   The requested State may postpone the surrender of a person in order to proceed against him, or so that he may serve a sentence, for an offence other than the offence for which his extradition is sought.

   Article V

   Extradition procedure and required documents

   1. The request for extradition shall be made in writing and shall be communicated through the diplomatic channel.

   2. A request for extradition emanating from Ireland shall be supported:

   3. (a) if the person is accused, or has been convicted in his absence, of an offence — by a warrant for the arrest or a copy of the warrant for the arrest of the person, a statement of each offence for which extradition is sought and a statement of the acts or omissions which are alleged against the person in respect of each offence;

   4. (b) if the person has been convicted of an offence otherwise than in his absence — by such documents as provide evidence of the conviction and the sentence imposed, the fact that the sentence is immediately enforceable and the extent to which the sentence has not been carried out;

   5. (c) if the person has been convicted of an offence otherwise than in his absence but no sentence has been imposed — by such documents as provide evidence of the conviction and a statement affirming that it is intended to impose a sentence;

   6. (d) in all cases, by a copy of the relevant provisions of the statute, if any, creating the offence or a statement of the relevant law as to the offence, including any law relating to the limitation of proceedings, as the case may be, and in either case a statement of the punishment that can be imposed for the offence; and

   7. (e) in all cases, by information or documents which will help to establish that the person whose surrender is sought is the person accused of or convicted of the offence.

   8. A request for extradition emanating from Australia shall be supported by the following documents:

   9. (a) the original or an authenticated copy of the conviction and sentence immediately enforceable or, as the case may be, of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting State;

   10. (b) if a sentence of imprisonment has been imposed, a statement of the period of imprisonment which remains to be served;

   11. (c) a statement of each offence for which extradition is requested specifying, as accurately as possible, the time and place of commission, its legal description and a reference to the relevant provisions of the law of the requesting State;

   12. (d) a copy of the relevant enactments of the requesting State or, where this is not possible, a statement of the relevant law; and

   13. (e) as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.

   Article VI

   Authentication of supporting documents

   1. All documents submitted in support of a request for extradition in accordance with Article V shall be duly authenticated. A document that supports a request for extradition shall be admitted in evidence, if duly authenticated, in any extradition proceedings in the requested State.

   2. A document is duly authenticated for the purposes of this Treaty if:

   3. (a) it purports to be signed or certified by a Judge, District Justice, Magistrate or officer of the requesting State; and

   4. (b) it purports to be authenticated by the oath or affirmation of a witness or by being sealed with the official seal of a Minister of State of the requesting State.

   Article VII

   Additional information

   1. If the requested State considers that the information furnished in support of the request for the extradition of a person is not sufficient to fulfil the requirements of its law with respect to extradition, that State may request that additional information be furnished within such time and in such manner as it specifies.

   2. If the person whose extradition is requested is in custody and the additional information requested is not received within the time or in the manner specified, or is not sufficient, the person may be released from custody, but such release shall not preclude the requesting State from making a fresh request for the extradition of the person.

   3. Where the person is released from custody in accordance with paragraph 2, the requested State shall notify the requesting State forthwith.

   Article VIII

   Provisional arrest

   1. In case of urgency, a Contracting Party may apply for the provisional arrest of a person sought. The application for provisional arrest shall be made through the diplomatic channel or between the Department of Justice in Ireland and the Attorney-General's Department of Australia, in which case the facilities of INTERPOL may be used. The application may be transmitted by post or telegraph or by any other means affording a record in writing.

   2. The application shall contain:

   3. (a) a statement of the nature of the offence and of the time and place of its commission;

   4. (b) a description of the person whose arrest is sought;

   5. (c) a statement of intention to request the extradition of that person;

   6. (d) (i) in the case of an application emanating from Ireland — a statement that a warrant for the apprehension of the person has been issued and is in force; or

      • (ii) in the case of an application emanating from Australia — a statement that one of the documents mentioned in paragraph 3(a) of Article V exists in respect of that person; and

   7. (e) a statement of the punishment that can be imposed for the offence, and, where a sentence has been imposed, a statement of that sentence and, in the case of a sentence of imprisonment, the period remaining to be served.

   8. On receipt of such an application the requested State shall take the necessary steps to secure the arrest of the person claimed and the requesting State shall be promptly notified of the result of its application.

   9. Unless the law of the requested State otherwise provides, a person arrested upon such an application shall be set at liberty upon the expiration of eighteen days from the date of his arrest if a request for his extradition, supported by the documents specified in Article V, has not been received.

   10. The release of a person pursuant to paragraph 4 of this Article shall not prevent the institution of proceedings with a view to extraditing the person sought if a request for his extradition is subsequently received.

   11. The provisions of Article VII shall apply mutatis mutandis to an application for provisional arrest.

   Article IX

   Multiple requests

   1. If requests are received from two or more States for the extradition of the same person, whether for the same offence or for different offences, the requested State shall determine to which of those States the person is to be extradited and shall notify the requesting State of its decision.

   2. In determining to which State a person is to be extradited, the requested State shall have regard to all relevant circumstances and, in particular, to:

   3. (a) the relative seriousness of the offences;

   4. (b) the time and place of commission of each offence;

   5. (c) the respective dates of the requests;

   6. (d) the nationality of the person;

   7. (e) the ordinary place of residence of the person; and

   8. (f) the possibility of the subsequent surrender of the person to another State.

   Article X

   Surrender of person

   1. The requested State shall, as soon as the decision on the request for extradition has been made pursuant to its law, communicate that decision to the requesting State through the diplomatic channel.

   2. Where extradition of a person for an offence is granted, the person shall be removed from the requested State from a point of departure in that State convenient to the requesting State.

   3. The requesting State shall remove the person from the requested State within such reasonable period as the last-mentioned state specifies and, if the person is not removed within that period, the requested State may refuse to extradite him for the same offence.

   Article XI

   Surrender of property

   1. To the extent permitted under the law of the requested State all property found in the requested State that has been acquired as a result of the offence or may be required as evidence shall, if the requesting State so requests, be surrendered if extradition is granted.

   2. Subject to paragraph 1 of this Article, the above-mentioned property shall, if the requesting State so requests, be surrendered to that State even if the extradition, having been consented to, cannot be carried out owing to the death or escape of the person sought.

   3. The rights of the requested State or of third parties in the property shall be preserved. Where such rights exist, the property shall, without charge, be returned to the requested State at the end of the proceedings in the requesting State if the requested State so requests.

   4. The requested State may temporarily retain the property referred to in this Article if it considers it necessary for the purpose of criminal or civil proceedings. In such a case the requesting State may request the temporary handing over of the property, undertaking to return it as soon as the proceedings conducted in its territory permit if the requested State so requests.

   Article XII

   Rule of speciality

   1. A person extradited under this Treaty shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence, or be otherwise restricted in his personal freedom, in the requesting State for any offence committed before his surrender, other than the offence for which his extradition was granted, except:

   2. (a) where the requested State consents; or

   3. (b) where the person extradited, having had an opportunity to leave the requesting State, has not done so within 45 days of his final discharge in respect of the offence for which he was surrendered, or has returned to the requesting State after leaving it.

   4. If the description of the offence charged in the requesting State is altered in the course of proceedings, the person extradited shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.

   5. A request for the consent of the requested State under this Article shall be accompanied by such information and documents as are required by that State.

   Article XIII

   Surrender to a third State

   1. The person extradited may not be surrendered by the requesting State to a third State for an offence committed prior to his surrender to the first-mentioned State, except:

   2. (a) where the requested State consents; or

   3. (b) where the person extradited, having had an opportunity to leave the requesting State, has not done so within 45 days of his final discharge in respect of the offence for which he was surrendered, or has returned to the requesting State after leaving it.

   4. Where the consent of the requested State is sought in accordance with this Article, that State may request that the request for the consent be supported by the relevant documents mentioned in Article V of this Treaty.

   Article XIV

   Transit

   1. Where a person is to be extradited pursuant to an agreement in the nature of an extradition agreement to a Contracting Party from a third State through the territory of the other Contracting Party, the Contracting Party to which the person is to be extradited shall request the other Contracting Party to permit the transit of that person through its territory.

   2. Upon receipt of such a request the requested Contracting Party shall grant the request unless it is satisfied that there are reasonable grounds for refusing to do so.

   3. Permission for the transit of a person shall, subject to the law of the requested Contracting Party, include permission for the person to be held in custody during transit.

   4. Where a person is being held in custody pursuant to paragraph 3, the Contracting Party in whose territory the person is being held may direct that the person be released if his transportation is not continued within a reasonable time.

   5. The Contracting Party to which the person is being extradited shall reimburse the other Contracting Party for any expense incurred by that other Contracting Party in connection with the transit.

   Article XV

   Expenses

   1. The requesting State shall not be liable for the costs of any proceedings in the requested State arising out of a request for extradition.

   2. The requested State shall bear the expenses incurred in its territory in the arrest of the person whose extradition is requested, and in the maintenance in custody of the person until he is surrendered to a person nominated by the requesting State in order to be removed from the requested State in accordance with paragraph 2 of Article X.

   3. The requesting State shall bear the expenses incurred in conveying the person from the territory of the requested State.

   Article XVI

   Entry into force and termination

   1. This Treaty shall enter into force thirty days after the date on which the Contracting Parties have notified each other in writing that their respective requirements for the entry into force of this Treaty have been complied with.

   2. Either Contracting Party may terminate this Treaty by notice in writing at any time and it shall cease to be in force six months after date of receipt of such notice.

   IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Treaty.

   DONE in duplicate at Dublin on the second day of September One Thousand, Nine Hundred and Eighty-Five.

   FOR AUSTRALIA:	FOR IRELAND:
   LIONEL BOWEN	JOHN ROGERS

   Ninth Schedule

   TREATY ON EXTRADITION BETWEEN IRELAND AND THE UNITED STATES OF AMERICA

   Treaty on Extradition between Ireland and the United States of America

   The Government of Ireland and the Government of the United States of America desiring to make more effective the cooperation of the two countries in the suppression of crime, agree as follows:

   Article I Obligation to Extradite

   Each Contracting Party agrees to extradite to the other, in accordance with the provisions of this Treaty. But subject to the law of the Requested State and to such exceptions as are therein provided, any persons, including its citizens or nationals, who are wanted for prosecution or the imposition or enforcement of a sentence in the requesting State for the extraditable offence.

   Article II Extraditable offenses

   1. An offence shall be an extraditable offence only if it is punishable under the law of both Contracting Parties by severe penalty. When the request for extradition relates to a person who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if the duration of the sentence still to be served amounts to at least four months.

   2. For the purpose of this Article, it shall not matter:

   3. (a) whether the laws of the Contracting Parties place the offence within the same category of offence or denominate the offence by the same terminology; or

   4. (b) whether the offence is one for which United States federal law requires proof of interstate transportation, or use of the mails or of other facilities affecting interstate or foreign commerce, such matters being merely for the purpose of establishing jurisdiction in a United States federal court.

   5. Subject to the conditions set forth in paragraph 1 of this article, extradition shall also be granted for attempt and conspiracy to commit, aiding, abetting, counselling, procuring, inciting, or otherwise being an accessory to the commission of, an offence referred to in paragraph 1.

   6. If extradition is granted for an extraditable offence, it may also be granted for any other offence for which extradition is requested that meets all the requirements for extradition other than the periods of imprisonment specified in paragraph 1 of this Article.

   Article III Place of Commission of Offences

   1. Extradition shall not be refused on the grounds that the offence for which extradition is requested was committed outside the Requesting State.

   2. Extradition may be refused when the offence for which extradition is requested is regarded under the law of the requested States as having been committed in its territory. If extradition is refused pursuant to this paragraph, the Requested State shall submit the case to its competent authorities for the purpose of prosecution.

   Article IV Exceptions to Extradition

   Extradition shall not be granted in any of the following circumstances:

   • (a) when the person whose surrender is sought has been convicted or acquitted, or a prosecution is pending against the person in the Requested State for the offence for which extradition is requested;

   • (b) when the offence for which extradition is requested is a political offence. Reference to a political offence shall not include the taking or attempted taking of the life of a Head of State or a member of his or her family;

   • (c) when there are substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality or political opinion. Unless the law of the Requested State otherwise provides, decisions under this paragraph shall be made by the executive authority; or

   • (d) when the offence for which extradition is requested is a military offence which is not an offence under the ordinary criminal law of the Contracting Parties.

   Article V Discretionary Grounds for Refusal of Extradition

   Extradition may be refused in any of the following circumstances:

   • (a) when the person whose surrender is sought has been convicted or acquitted in a third State of the offence for which Extradition is requested; or

   • (b) when the competent authorities of the Requested State have decided to refrain from prosecuting the person whose surrender is sought for the offence for which extradition is requested, or to discontinue any criminal proceedings which have been initiated against that person for that offence.

   Article VI Capital Punishment

   When the offence for which extradition is requested is punishable by death under the law of the Requesting State and is an offence which is not so punishable under the law of the Requested State, extradition may be refused unless the Requesting State provides such assurances as the competent authorities of the Requested State consider sufficient that the death penalty, if imposed, will not be carried out.

   Article VII Postponement of Surrender

   When the person whose extradition is requested is being, or is about to be, proceeded against, or has been convicted, in the Requested State in respect of an offence other than that for which extradition has been requested, surrender may be postponed until the conclusion of the proceedings and the full execution of any punishment the person may be or may have been awarded.

   Article VIII Extradition Procedure and Required Document

   1. The request for extradition shall be made in writing and shall be communicated through the diplomatic channel.

   2. The request for extradition shall contain:

   3. (a) information which will help to establish the identity of the person sought;

   4. (b) the location of the person if known or, if it is not known, a statement to the effect; and

   5. (c) a brief statement of the facts of the case.

   6. Every request for extradition shall be supported by documents which contains:

   7. (a) as accurate a description as possible of the person sought, together with any other information which will assist in establishing the person's identity and nationality;

   8. (b) a statement of the pertinent facts of the case, indicating as accurately as possible the time and place of commission of the offence; and

   9. (c) the legal description of the offence and a statement of the maximum penalties therefor the text of the law setting forth the offence or, where this is not possible, a statement of the relevant law.

   10. When the request for extradition relates to a person who has not been convicted it shall also be supported:

   11. (a) by the original or an authenticated copy of the warrant of arrest, or equivalent order issued by a competent authority of the Requesting State;

   12. (b) by the original or an authenticated copy of the complaint, information or indictment; and

   13. (c) in the case of a request emanating from Ireland, by a statement of facts, by way of affidavit or statutory declaration, setting forth reasonable grounds for believing that an offence has been committed and that the person sought committed it.

   14. When the request for extradition relates to a convicted person, it should also be supported:

   15. (a) by the original or an authenticated copy of the judgment of conviction; and

   16. (b) if a sentence has been imposed, by the original or an authenticated copy of the sentence and a statement of the extent to which it has been carried out and that it is immediately enforceable.

   17. All documents transmitted by the Requesting State shall be in English or shall be translated into English by that State.

   Article IX Additional Evidence or Information

   1. If the Requested State requires additional evidence or information to enable it to decide on the request for extradition, such evidence or information shall be submitted to it within such time as that State shall specify.

   2. If the person sought is in custody and the additional evidence or information submitted as aforesaid is found insufficient or if such evidence or information is not received within the period specified by the Requested State, the person shall be discharged from custody. Such discharge shall not preclude the Requesting State from submitting another request in respect of the same offence.

   Article X Provisional Arrest

   1. In case of urgency, a Contracting Party may request the provisional arrest of a person sought. The request for provisional arrest shall be made through the diplomatic channel or directly between the Department of Justice in Ireland and the United States Department of Justice, in which case the facilities of INTERPOL may be used. The request may be transmitted by post or telegraph or by any other means affording evidence in writing.

   2. The request shall contain:

   3. (a) a description of the person sought;

   4. (b) a statement of the nature of the offence and of the time at which and the place where it is alleged to have been committed;

   5. (c) a statement of the existence of one of the documents referred to in paragraph 4(a) or 5 of Article VIII; and

   6. (d) a statement that it is intended to send a request for extradition.

   7. On receipt of such a request, the Requested State shall take the appropriate steps to secure the arrest of the person sought. The Requesting State be promptly notified of the result of its request.

   8. Unless the law of the Requested State otherwise provides, a person arrested upon such a request shall be released upon the expiration of forty-five days from the date of that person's arrest if the request for extradition has not been duly received by the Requested State. This stipulation shall not prevent the institution of proceedings with a view to extraditing of the person sought if a request for extradition is subsequently received.

   Article XI Rule of Specialty

   1. A person extradited under this Treaty shall not be proceeded against, sentenced, punished, detained or otherwise restricted in his or her personal freedom in the Requesting State for an offence other than that for which extradition has been granted, or be extradited by that State to a third State, unless:

   2. (a) the person has left the Requesting State after extradition and has voluntarily returned to it;

   3. (b) the person, having had an opportunity to leave the Requesting State, has not done so within forty-five days of final discharge in respect of the offence for which that person was extradited; or

   4. (c) the Requested State has consented.

   5. Where the description of the offence charged in the Requesting State is altered in the course of proceedings, the person extradited shall not be proceeded against, sentenced, punished, detained or otherwise restricted in his or her personal freedom except insofar as the offence under its new description is composed of the same constituent elements as the offence for which extradition was granted.

   6. Unless the law of the Requesting State otherwise provides, the person extradited may be proceeded against, sentenced, punished, detained or otherwise restricted in his or her personal freedom for an offence for which that person could be convicted, under the law of that State, upon trial for the offence for which extradition was granted.

   7. These stipulations shall not apply to offences committed after the extradition.

   Article XII Multiple Requests

   A Contracting Party upon receiving requests from the other Contracting Party and from a third State for the extradition of the same person, either for the same offence or for different offences, shall determine to which of the States it will extradite the person sought, taking into consideration all the circumstances and, in particular, the relative seriousness of the offences and where they were committed, the citizenship or nationality of the person sought, the dates upon which the request was received, the possibility of a later extradition between the other Contracting Party and the third State, and the provision of any extradition agreements between the States concerned.

   Article XIII Notification of Decision

   1. The Requested State shall promptly communicate to the Requesting State through the diplomatic channel the decision on the request for extradition.

   2. The Requested State shall provide reasons for any partial or complete rejection of the request for extradition. It shall also provide the Requesting State with a copy of each opinion issued by its courts in connection with a request for extradition under this Treaty.

   3. If a warrant or order for the extradition of a person sought has been issued by the competent authority and the person is not removed from the territory of the Requested State within such time as may be prescribed by the law of that state, that person may be set at liberty and the Requested State may subsequently refuse to extradite that person for that offence.

   Article XIV Surrender of Property

   1. To the extent permitted under the law of the Requested State and subject to the rights of third parties, which shall be duly respected, all property which appears to have been acquired as a result of the offence in question or which may be required as evidence shall, if found, be seized and surrendered to the Requesting State if the person sought is extradited or if extradition, having been granted, cannot be carried out by reason of the death or escape of that person.

   2. The Requested State may make the surrender of the property conditional upon satisfactory assurances from the Requesting State that the property will be returned to the Requested State as soon as practicable, and may defer its surrender if it is needed as evidence in the Requested State.

   Article XV Transit

   Transit through the territory of one of the Contracting Parties of a person surrendered to the other Contracting Party by a third State may be granted on request to the law of the State to transit and to such conditions as that State may impose. For the purpose of considering the request, the State of transit may require the submission of such information as it considers necessary.

   Article XVI Representation

   1. The Department of Justice of the Unites States shall advise, assist and represent, or provide for the representation of, Ireland in any proceedings in the United States arising out of a request for extradition made by Ireland.

   2. The Attorney General of Ireland shall advise and assist, and represent, or provide for the representation of, the interests of the United States in any proceedings in Ireland arising out of a request for extradition made by the United States.

   3. The functions referred to in this article may be assumed by any successor agency designated by the State concerned.

   Article XVII Expenses

   1. The Requesting State shall bear all expenses arising out of the translation of documents and the transportation of the person sought from the place of the extradition proceedings to the Requesting State. Notwithstanding any law to the contrary, the Requested State shall bear all other expenses arising out of the request for extradition and the proceedings.

   2. The Requested State shall make no pecuniary claim against the Requesting State arising out of the arrest, detention, extradition proceedings and surrender of a person sought under this Treaty.

   Article XVIII Scope of Application

   This Treaty shall apply to offences committed before or after the date this Treaty enters into force, provided that extradition shall not be granted for an offence committed before the date this Treaty enters into force which was not an offence under the law of both Contracting Parties at the time of its commission.

   Article XIX Ratification, Entry into Force and Termination.

   1. This Treaty shall be ratified and the instruments of ratification shall be exchanged in Dublin as soon as possible.

   2. This Treaty shall enter into force thirty days after the exchange of the instruments of ratification.

   3. The Treaty shall terminate and replace any bilateral extradition agreement in force between Ireland and the United States.

   4. Either Contracting Party may terminate this Treaty by giving written notice to the other Contracting Party at any time, and the termination shall become effective six months after the date of receipt of such notice.

   IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Treaty.

   DONE in duplicate at Washington this thirteenth day of July 1983.

   FOR THE	FOR THE
   GOVERNMENT OF	GOVERNMENT OF
   IRELAND	THE UNITED STATES
   	OF AMERICA

   TENTH SCHEDULE

   1. (1) In this Schedule—

   “Anti-Terrorism Convention” means the European Convention on the Suppression of Terrorism done at Strasbourg on the 27th day of January, 1977;

   “Australian Treaty” means the Treaty on Extradition between Ireland and Australia done at Dublin on the 2nd day of September, 1985;

   “Drug Trafficking Convention” means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concluded at Vienna on the 20th day of December, 1988;

   “Hague Convention” means the Convention for the Suppression of Unlawful Seizure of Aircraft done at the Hague on the 16th day of December, 1970;

   “Montreal Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971;

   “Nuclear Material Convention” means the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and at New York on the 3rd day of March, 1980;

   “Paris Convention” means the European Convention on Extradition done at Paris on the 13th day of December, 1957;

   “Montreal Protocol” means the Protocol done at Montreal on the 24th day of February, 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September, 1971; and

   “United States Treaty” means the Treaty on Extradition between Ireland and the United States of America done at Washington on the 13th day of July, 1983.

5. (2) In the Table the symbol “x” indicates, as may be appropriate, that—

a. the country opposite which it appears has ratified or acceded to the convention, protocol or treaty, as the case may be, under which that letter appears, or

b. the place opposite which it appears is a place to which the extradition agreement, or arrangement under section 8(2) of the Act of 1965, concerned (being the convention, treaty or protocol, as the case may be, under which that symbol appears) applies.

Countries with which the State has made an extradition agreement or arrangement under section 8(2) of the Act of 1965	Places to which an extradition agreement or arrangement under section 8(2) of the Act of 1965 applies	Paris Convention	Hague Convention	Montreal Convention	Montreal Protocol	Vienna Convention	Drug Trafficking Convention	Anti-Terrorism Convention	Australian Treaty	United States Treaty
Afghanistan			X	X			X
Albania		X	X	X				X
Algeria			X	X	X		X
Andorra		X					X
Angola			X	X
Antigua and Barbuda			X	X		X	X
Argentina			X	X	X	X	X
Armenia						X	X
Australia			X	X	X	X	X		X
Austria		X	X	X	X	X	X	X
Azerbaijan			X	X	X		X
Bahamas			X	X			X
Bahrain			X	X	X		X
Bangladesh			X	X			X
Barbados			X	X			X
Belarus			X	X	X	X	X
Belgium		X	X	X	X	X	X	X
Belize			X	X	X		X
Benin			X				X
Bhutan			X	X			X
Bolivia			X	X			X
Bosnia and Herzegovina			X	X	X	X	X
Botswana			X	X	X	X	X
Brazil			X	X	X	X	X
Brunei Darussalam			X	X			X
Bulgaria		X	X	X	X	X	X	X
Burkina Faso			X	X	X		X
Burundi				X			X
Cambodia			X	X	X
Cameroon			X	X			X
Canada			X	X	X	X	X
Cape Verde			X	X			X
Central African Republic			X	X	X
Chad			X	X			X
Chile			X	X	X	X	X
China			X	X	X	X	X
Colombia			X	X			X
Comoros			X	X			X
Congo			X	X
Costa Rica			X	X			X
Cote d'Ivoire			X	X			X
Croatia		X	X	X	X	X	X
Cuba						X	X
Cyprus		X	X	X		X	X	X
Czech Republic		X	X	X	X	X	X	X
Democratic People's Republic of Korea			X	X	X
Democratic People's Republic of the Congo			X	X
Denmark		X	X	X	X	X	X	X
Djibouti			X	X
Dominica							X
Dominican Republic			X	X			X
Ecuador			X	X		X	X
Egypt			X	X	X		X
El Salvador			X	X	X		X
Equatorial Guinea			X	X
Estonia		X	X	X	X	X	X	X
Ethiopia			X	X	X		X
Fiji			X	X	X		X
Finland		X	X	X	X	X	X	X
France		X	X	X	X	X	X	X
Gabon			X	X
Gambia			X	X	X		X
Georgia			X	X	X		X
Germany		X	X	X	X	X	X	X
Ghana			X	X	X		X
Greece		X	X	X	X	X	X	X
Grenada			X	X			X
Guatemala			X	X	X	X	X
Guinea			X	X	X		X
Guinea - Eissau			X	X			X
Guyana			X	X			X
Haiti			X	X			X
Honduras			X	X			X
Hungary		X	X	X	X	X	X	X
Iceland		X	X	X	X		X	X
India			X	X	X		X
Indonesia			X	X		X	X
Iran (Islamic Republic of)			X	X			X
Iraq			X	X	X		X
Ireland		X	X	X	X	X	X	X	X	X
Israel		X	X	X	X
Italy		X	X	X	X	X	X	X
Jamaica			X	X			X
Japan			X	X	X	X	X
Jordan			X	X	X		X
Kazakhstan			X	X	X		X
Kenya			X	X	X		X
Kuwait			X	X	X		X
Kyrgyzstan			X	X	X		X
Lao People's Democratic Republic			X	X
Latvia		X	X	X	X		X	X
Lebanon			X	X	X	X	X
Lesotho			X	X			X
Liberia			X	X
Libyan Arab Jamahiriya			X	X	X	X	X
Liechtenstein		X	X			X		X
Lithuania		X	X	X	X	X	X	X
Luxembourg		X	X	X		X	X	X
Madagascar			X	X	X		X
Malawi			X	X			X
Malaysia			X	X			X
Maldives			X	X	X		X
Mali			X	X	X		X
Malta		X	X	X	X		X	X
Marshall Islands			X	X	X
Mauritania			X	X			X
Mauritius			X	X	X
Mexico			X	X	X	X	X
Monaco			X	X	X	X	X
Mongolia			X	X	X	X
Morocco			X	X			X
Mozambique							X
Myanmar			X	X	X		X
Nauru			X	X
Nepal			X	X			X
Netherlands		X	X	X	X	X	X	X
New Zealand			X	X	X		X
Nicaragua			X	X			X
Niger			X	X			X
Nigeria			X	X			X
Norway		X	X	X	X	X	X	X
Oman			X	X	X		X
Pakistan			X	X	X	X	X
Palau			X	X	X
Panama			X	X	X	X	X
Papua New Guinea			X	X
Paraguay			X	X		X	X
Peru			X	X	X	X	X
Philippines			X	X		X	X
Poland		X	X	X		X	X	X
Portugal		X	X	X		X	X	X
Qatar			X	X			X
Republic of Korea			X	X	X	X	X
Republic of Moldova		X	X	X	X	X	X	X
Romania		X	X	X	X	X	X	X
Russian Federation		X	X	X	X	X	X	X
Rwanda			X	X
Saint Kitts and Nevis							X
Saint Lucia			X	X	X		X
Saint Vincent and the Grenadines			X	X	X		X
Samoa			X	X	X
San Marino							X
Sao Tome and Principe							X
Saudi Arabia			X	X	X		X
Senegal			X	X			X
Seychelles			X	X			X
Sierra Leone			X	X			X
Singapore			X	X	X		X
Slovakia		X	X	X	X	X	X	X
Slovenia		X	X	X	X	X	X
Solomon Islands				X
South Africa			X	X	X		X
Spain		X	X	X	X	X	X	X
Sri Lanka			X	X	X		X
Sudan			X	X	X	X	X
Suriname			X	X			X
Swaziland			X	X			X
Sweden		X	X	X	X	X	X	X
Switzerland		X	X	X	X	X		X
Syrian Arab Republic			X	X			X
Tajikistan			X	X	X	X	X
Thailand			X	X	X
The Former Yugoslav Republic of Macedonia		X		X	X	X	X
Togo			X	X	X		X
Tonga			X	X			X
Trinidad and Tobago			X	X			X
Tunisia			X	X	X	X	X
Turkey		X	X	X	X	X	X	X
Turkmenistan			X	X	X		X
Uganda			X	X	X		X
Ukraine		X	X	X	X	X	X
United Arab Emirates			X	X	X		X
United Kingdom		X	X	X	X	X	X	X
United Republic of Tanzania			X	X			X
United States			X	X	X	X	X			X
Uruguay			X	X	X		X
Uzbekistan			X	X	X	X	X
Vanuatu			X	X
Venezuela			X	X			X
Viet Nam			X	X	X		X
Yemen			X	X			X
Yugoslavia			X	X	X	X	X
Zambia			X	X			X
Zimbabwe			X	X			X
	Netherlands Antilles	X
	Aruba	X

	GIVEN under the Official Seal of the Government, this 19th day of December, 2000.
	BERTIE AHERN,
	Taoiseach.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to set out, in a single consolidated Order, all the extradition arrangements of the State made pursuant to international agreements. The Order applies the provisions of Part II of the enabling Act to the countries specified in the Table to the Tenth Schedule to the Order to the extent set out therein, subject in each case to the appropriate reservations and declarations specified in the other Schedules to the Order. The Order repeals and replaces all Orders previously made under Section 8(1) of the enabling Act, as well as giving effect to international obligations relating to extradition undertaken by the State since the making of the previous Orders.