S.I. No. 587/2004 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2004

“Azerbaijan:

Declaration contained in the instrument of ratification deposited on 11 February 2004:

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation.

Reservation contained in the instrument of ratification deposited on 11 February 2004:

In accordance with Article 37, paragraph 1, of the Convention, the Republic of Azerbaijan reserves the right not to establish as criminal offence the conduct referred to in Articles 6, 10, 12 and the passive bribery offences under Article 5.

Declaration contained in the instrument of ratification deposited on 11 February 2004:

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it designates, according to Article 29, paragraph 1, as the central authority:

The Prosecutors' Office of the Republic of Azerbaijan

Nigar Rafibeyli st. 7

AZ 1001, Baky - Azerbaijan

Reservation contained in the instrument of ratification deposited on 11 February 2004:

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Azerbaijan declares that it may refuse mutual legal assistance under Article 26, paragraph 1 if the request concerns an offence which the Republic of Azerbaijan considers as political offence.

Belgium:

Reservation contained in a Note Verbale handed over by the Permanent Representative of Belgium to the Deputy Secretary General at the time of deposit of the instrument of ratification, on 23 March 2004:

According to Article 37, paragraph 1, of the Convention, Belgium reserves the right to establish as a criminal offence under its domestic law the conduct referred to in Articles 7 and 8 of the Convention only if such conduct was committed in view of the accomplishment or the omission of an act, without the knowledge and without authorisation, as the case may be, of the board of directors or of the general meeting, of the principal or of the employer.

Reservation contained in a Note Verbale handed over by the Permanent Representative of Belgium to the Deputy Secretary General at the time of deposit of the instrument of ratification, on 23 March 2004:

According to Article 37, paragraph 1, of the Convention, Belgium reserves the right not to establish as a criminal offence under its domestic law the conduct referred to in Article 12 of the Convention which does not concern the use by a person holding a public function of the influence - be it real influence or supposed influence - that he or she disposes of owing to his or her function.

Reservation contained in a Note Verbale handed over by the Permanent Representative of Belgium to the Deputy Secretary General at the time of deposit of the instrument of ratification, on 23 March 2004:

According to Article 37, paragraph 2, of the Convention, Belgium reserves the right to apply Article 17, paragraphs 1 b and c, only if the offence also constitutes an offence under the legislation of the State Party in which it has been committed, unless the offence concerns a person holding a public function in a State member of the European Union.

Finland:

Declaration contained in a letter from the Permanent Representative of Finland, dated 30 September 2003, registered at the Secretariat General on 1 October 2003:

The Government of Finland declares that the central authority designated pursuant to Article 29 is the Ministry of Justice, PO Box No. 25, 00023 Valtioneuvosto, Finland.

Iceland:

Declaration contained in the instrument of ratification deposited on 11 February 2004:

In accordance with Article 29, paragraph 2, of the Convention, the following authority is hereby designated as the central authority for the Republic of Iceland:

The National Commissioner of the Icelandic Police (Ríkislögreglustjórinn) Skúlagötu 21, 101 Reykjvík, Iceland.

Moldova:

Declaration contained in the instrument of ratification deposited on 14 January 2004:

The provisions of the Convention will not be applicable on the territory effectively controlled by the institutions of the self-proclaimed transnistrian republic until the durable settlement of the conflict from this region.

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Moldova, dated 12 January 2004, deposited with the instrument of ratification on 14 January 2004:

According to Article 29, paragraph 1, of the Convention, the following central authorities of the Republic of Moldova have been designated as the authorities competent for its implementation:

a) the Prosecutor General Office - for mutual assistance requests formulated within the criminal proceedings stage, including the requests for extradition;

b) the Ministry of Justice - for mutual assistance requests formulated within the judicial stage and that of the execution of the sentences, including the requests for extradition.

Norway:

Declaration contained in a Note Verbale handed over to the Secretary General of the Council of Europe at the time of deposit of the instrument of ratification on 2 March 2004:

In accordance with Article 29 of the Convention, the Kingdom of Norway declares that the designated authorities are:

1. the central authority concerning mutual assistance, Ref. Article 26:

Investigation and Prosecution of Economic and Environmental Crime (Økokrim)

P.O. Box 8193 Dep.

0034 Oslo - NORWAY

1. the central authority concerning Extradition, Ref. Article 27:

The Ministry of Justice and the Police

P.O. Box 8005 Dep.

0030 Oslo - NORWAY

Sweden:

Declaration contained in the instrument of ratification deposited on 25 June 2004:

Sweden makes the explanatory statement that, in Sweden's view, a ratification of the Convention does not mean that its membership of the Group of States against Corruption (GRECO) cannot be reviewed if reasons to do so arise in the future.

Reservation contained in the instrument of ratification deposited on 25 June 2004:

Sweden makes a reservation against the undertaking to introduce criminal provisions for trading in influence (Article 12 of the Convention).

Reservation contained in the instrument of ratification deposited on 25 June 2004:

Sweden reserves the right not to exercise jurisdiction solely on the grounds that a crime under the Convention involves a Swedish citizen who is an official of an international organisation or court, a member of a parliamentary assembly of an international or supranational organisation or a judge at an international court (Article 17.1 c of the Convention).

Sweden also reserves the right to maintain a requirement of dual criminality for Swedish jurisdiction for acts committed abroad.

Declaration contained in the instrument of ratification deposited on 25 June 2004:

As central authority Sweden designates the Government Offices of Sweden (the Swedish Ministry of Justice).

United Kingdom:

Reservation contained in a Note Verbale handed over by the Permanent Representative of the United Kingdom to the Secretary General at the time of deposit of the instrument of ratification, on 9 December 2003:

Section 109 of the Anti-Terrorism, Crime and Security Act 2001 (and section 69 of the Criminal Justice (Scotland) Act 2003) extend the normal jurisdiction of the United Kingdom courts over any offence of bribery at common law or under the Public Bodies Corrupt Practices Act 1889 or the Prevention of Corruption Act 1906 (“the 1906 Act”) to cover offences by United Kingdom nationals which take place outside the United Kingdom. The United Kingdom therefore applies the jurisdictional rule laid down in Article 17, paragraph 1 (b), except that United Kingdom jurisdiction is limited to United Kingdom nationals, and accordingly does not cover public officials or members of domestic public assemblies except where they are United Kingdom nationals. The United Kingdom therefore makes a declaration under Article 17, paragraph 2, that it reserves the right to apply the jurisdictional rule laid down in paragraph 1.b only where the offender is a United Kingdom national. In addition, the United Kingdom makes a declaration under Article 17, paragraph 2 that it reserves the right not to apply the jurisdictional rule laid down in paragraph 1.c at all. Since United Kingdom law places no bar on the extradition of United Kingdom nationals, the United Kingdom does not need to change the law to meet the requirements of Article 17, paragraph 3.

The conduct referred to in Article 7 is largely covered by section 1 of the 1906 Act. The 1906 Act does not however cover the case where the undue advantage is not given directly to the agent but is given to a third party. The United Kingdom accepts this aspect of the law is in need of amendment and the draft Corruption Bill published in 2003 would make this change in respect of England, Wales and Northern Ireland. However for the present a reservation is necessary. Accordingly, in accordance with Article 37, paragraph 1, the United Kingdom reserves the right not to establish as a criminal offence all of the conduct referred to in Article 7.

The conduct referred to in Article 12 is covered by United Kingdom law in so far as an agency relationship exists between the person who trades his influence and the person he influences. However not all of the conduct referred to in Article 12 is criminal under United Kingdom law. Accordingly, in accordance with Article 37, paragraph 1, the United Kingdom reserves the right not to establish as a criminal offence all of the conduct referred to in Article 12.

Declaration contained in a Note Verbale handed over by the Permanent Representative of the United Kingdom to the Secretary General at the time of deposit of the instrument of ratification, on 9 December 2003:

In accordance with Article 30, paragraph 6, of the Convention, the United Kingdom declares that all requests made under this chapter are to be addressed to its central authorities.

Declaration contained in a Note Verbale handed over by the Permanent Representative of the United Kingdom to the Secretary General at the time of deposit of the instrument of ratification, on 9 December 2003:

In accordance with Article 29, paragraph 2, of the Convention, the United Kingdom has designated in pursuance of Article 29, paragraph 1 that its central authority for mutual legal assistance is:

The Home Office

50 Queen Anne's Gate

London - SW1H 9AT

and that its central authorities for extradition are:

For England, Wales and Northern Ireland:

The Home Office

50 Queen Anne's Gate

London - SW1H 9AT

For Scotland:

The Crown Office

25 Chambers Street

Edinburgh - EH1 1LA”

SCHEDULE 4 TABLE

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 amend the Extradition Act 1965 (Application of Part II) Order 2000 by applying the provisions of Part II of the enabling Act to the States Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on 10 March 1988, which was acceded to on behalf of the State on 10 September 2004, to the States Parties to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf done at Rome on 10 March 1988, which was acceded to on behalf of the State on 10 September 2004, and to those additional States which became party to the international agreements dealt with by that Order so as to ensure that the State can fulfil its international obligations relating to extradition.