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S.I. No. 374/2005 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2005

Type Statutory Instrument

Publication 2005-07-14

Last updated 2019-08-02

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 100

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2019-08-02, S.I. No. 372/2019 - Extradition Act 1965 (Application Of Part II) (Revocation) Order 2019

Reform history JSON API

CONSIDERING that the financing of terrorism is a matter of grave concern to international community as a whole,

NOTING that the number and seriousness of acts of international terrorism depend on the financing that terrorists may obtain,

NOTING ALSO that existing multilateral legal instruments do not expressly address such financing,

BEING CONVINCED of the urgent need to enhance international cooperation among States in devising and adopting effective measures for the prevention of the financing of terrorism, as well as for its suppression through the prosecution and punishment of its perpetrators,

HAVE AGREED AS FOLLOWS:

Article 1

For the purposes of this Convention:

“Funds” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form including electronic or digital, evidencing title to, or interest in, such assets, including but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares securities, bonds, drafts, letters of credit.

“A State or governmental facility” means any permanent or temporary facility or conveyance that is used or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of a State or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties.

“Proceeds” means any funds derived from or obtained, directly or indirectly through the commission of an offence set forth in Article 2.

Article 2

Any person commits an offence within the meaning of this Convention if that person by any means, directly or indirectly, unlawfully and wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out:

(a) An act which constitutes an offence within the scope of and as defined in one of the treaties listed in the Annex; or

(b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act.

2.(a) On depositing its instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty listed in the Annex may declare that, in the application of this Convention to the State Party, the treaty shall be deemed not to be included in the Annex referred to in paragraph 1, subparagraph (a). The declaration shall cease to have effect as soon as the treaty enters into force for the State Party, which shall notify the depositary of this fact;

(b) When a State Party ceases to be a party to a treaty listed in the Annex, it may make a declaration as provided for in this Article, with respect to that treaty.

For an act to constitute an offence set forth in paragraph 1, it shall not be necessary that the funds were actually used to carry out an offence referred to in paragraph 1, subparagraphs (a) or (b).

Any person also commits an offence if that person attempts to commit an offence as set forth in paragraph 1 of this Article.

Any person also commits an offence if that person:

(a) Participates as an accomplice in an offence as set forth in paragraph 1 or 4 of this Article;

(b) Organizes or directs others to commit an offence as set forth in paragraph 1 or 4 of this Article;

(c) Contributes to the commission of one or more offences as set forth in paragraphs 1 or 4 of this Article by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence as set forth in paragraph 1 of this Article; or

(ii) Be made in the knowledge of the intention of the group to commit an offence as set forth in paragraph 1 of this Article.

Article 3

This Convention shall not apply where the offence is committed within a single State, the alleged offender is a national of that State and is present in the territory of that State and no other State has a basis under Article 7, paragraph 1, or Article 7, paragraph 2, to exercise jurisdiction, except that the provisions of Articles 12 to 18 shall, as appropriate apply in those cases.

Article 4

Each State Party shall adopt such measures as may be necessary:

(a) To establish as criminal offences under its domestic law the offences set forth in Article 2;

(b) To make those offences punishable by appropriate penalties which take into account the grave nature of the offences.

Article 5

Each State Party, in accordance with its domestic legal principles, shall take the necessary measures to enable a legal entity located in its territory or organized under its laws to be held liable when a person responsible for the management or control of that legal entity has, in that capacity, committed an offence set forth in Article 2. Such liability may be criminal, civil or administrative.

Such liability is incurred without prejudice to the criminal liability of individuals having committed the offences.

Each State Party shall ensure, in particular, that legal entities liable in accordance with paragraph 1 above are subject to effective, proportionate and dissuasive criminal civil or administrative sanctions. Such sanctions may include monetary sanctions.

Article 6

Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by considerations of a political philosophical, ideological, racial, ethnic, religious or other similar nature.

Article 7

Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 2 when:

(a) The offence is committed in the territory of that State;

(b) The offence is committed on board a vessel flying the flag of that State or an aircraft registered under the laws of that State at the time the offence is committed;

A State Party may also establish its jurisdiction over any such offence when:

(a) The offence was directed towards or resulted in the carrying out of an offence referred to in Article 2, paragraph 1, subparagraph (a) or (b), in the territory of or against a national of that State;

(b) The offence was directed towards or resulted in the carrying out of an offence referred to in Article 2, paragraph 1, subparagraph (a) or (b), against a State or government facility of that State abroad, including diplomatic or consular premises of that State;

(c) The offence was directed towards or resulted in an offence referred to in Article 2 paragraph 1, subparagraph (a) or (b), committed in an attempt to compel that State to do or abstain from doing any act;

(d) The offence is committed by a stateless person who has his or her habitual residence in the territory of that State;

(e) The offence is committed on board an aircraft which is operated by the Government of that State.

Upon ratifying, accepting, approving or acceding to this Convention, each State Party shall notify the Secretary-General of the United Nations of the jurisdiction it has established in accordance with paragraph 2. Should any change take place, the State Party concerned shall immediately notify the Secretary-General.

Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 or 2.

When more than one State Party claims jurisdiction over the offences set forth in Article 2, the relevant States Parties shall strive to coordinate their actions appropriately in particular concerning the conditions for prosecution and the modalities for mutual legal assistance.

Without prejudice to the norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Article 8

Each State Party shall take appropriate measures, in accordance with its domestic legal principles, for the identification, detection and freezing or seizure of any funds used or allocated for the purpose of committing the offences set forth in Article 2 as well as the proceeds derived from such offences, for purposes of possible forfeiture.

Each State Party shall take appropriate measures, in accordance with its domestic legal principles, for the forfeiture of funds used or allocated for the purpose of committing the offences set forth in Article 2 and the proceeds derived from such offences.

Each State Party concerned may give consideration to concluding agreements on the sharing with other States Parties, on a regular or case-by-case basis, of the funds derived from the forfeitures referred to in this Article.

Each State Party shall consider establishing mechanisms whereby the funds derived from the forfeitures referred to in this Article are utilized to compensate the victims of offences referred to in Article 2, paragraph 1, subparagraph (a) or (b), or their families.

The provisions of this Article shall be implemented without prejudice to the rights of third parties acting in good faith.

Article 9

Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in Article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.

Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person's presence for the purpose of prosecution or extradition.

Any person regarding whom the measures referred to in paragraph 2 are being taken shall be entitled to:

(a) Communicate without delay with the nearest appropriate representative of the State of which that person is a national or which is otherwise entitled to protect that person's rights or, if that person is a stateless person, the State in the territory of which that person habitually resides;

(b) Be visited by a representative of that State;

The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or alleged offender is present, subject to the provision that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended.

The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with Article 7, paragraph 1 subparagraph (b), or paragraph 2, subparagraph (b), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.

When a State Party, pursuant to the present Article, has taken a person into custody, it shall immediately notify, directly or through the Secretary-General of the United Nations, the States Parties which have established jurisdiction in accordance with Article 7, paragraph 1 or 2, and, if it considers it advisable, any other interested States Parties, of the fact that such person is in custody and of the circumstances which warrant that person's detention. The State which makes the investigation contemplated in paragraph 1 shall promptly inform the said States Parties of its findings and shall indicate whether it intends to exercise jurisdiction.

Article 10

The State Party in the territory of which the alleged offender is present shall, in cases to which Article 7 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this State and the State seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1.

Article 11

The offences set forth in Article 2 shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties before the entry into force of this Convention. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be subsequently concluded between them.

When a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, the requested State Party may, at its option, consider this Convention as a legal basis for extradition in respect of the offences set forth in Article 2. Extradition shall be subject to the other conditions provided by the law of the requested State.

States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in Article 2 as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.

If necessary, the offences set forth in Article 2 shall be treated, for the purposes of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territory of the States that have established jurisdiction in accordance with Article 7, paragraphs 1 and 2.

The provisions of all extradition treaties and arrangements between States Parties with regard to offences set forth in Article 2 shall be deemed to be modified as between States Parties to the extent that they are incompatible with this Convention.

Article 12

States Parties shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal or extradition proceedings in respect of the offences set forth in Article 2, including assistance in obtaining evidence in their possession necessary for the proceedings.

States Parties may not refuse a request for mutual legal assistance on the ground of bank secrecy.

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.

Each State Party may give consideration to establishing mechanisms to share with other States Parties information or evidence needed to establish criminal, civil or administrative liability pursuant to Article 5.

States Parties shall carry out their obligations under paragraphs 1 and 2 in conformity with any treaties or other arrangements on mutual legal assistance or information exchange that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law.

Article 13

None of the offences set forth in Article 2 shall be regarded, for the purposes of extradition or mutual legal assistance, as a fiscal offence. Accordingly, States Parties may not refuse a request for extradition or for mutual legal assistance on the sole ground that it concerns a fiscal offence.

Article 14

None of the offences set forth in Article 2 shall be regarded for the purposes of extradition or mutual legal assistance as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence 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.

Article 15

Nothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance, if the requested State Party has substantial grounds for believing that the request for extradition for offences set forth in Article 2 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person's race, religion, nationality ethnic origin or political opinion or that compliance with the request would cause prejudice to that person's position for any of these reasons.

Article 16

A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for the investigation or prosecution of offences set forth in Article 2 may be transferred if the following conditions are met:

(a) The person freely gives his or her informed consent;

(b) The competent authorities of both States agree, subject to such conditions as those States may deem appropriate.

For the purposes of the present Article:

(a) The State to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State from which the person was transferred;

(b) The State to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States;

(c) The State to which the person is transferred shall not require the State from which the person was transferred to initiate extradition proceedings for the return of the person;

(d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State to which he or she was transferred.

Unless the State Party from which a person is to be transferred in accordance with the present Article so agrees, that person, whatever his or her nationality, shall not be prosecuted or detained or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts or convictions anterior to his or her departure from the territory of the State from which such person was transferred.

Article 17

Any person who is taken into custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including enjoyment of all rights and guarantees in conformity with the law of the State in the territory of which that person is present and applicable provisions of international law, including international human rights law.

Article 18

States Parties shall cooperate in the prevention of the offences set forth in Article 2 by taking all practicable measures, inter alia, by adapting their domestic legislation, if necessary, to prevent and counter preparations in their respective territories for the commission of those offences within or outside their territories, including:

(a) Measures to prohibit in their territories illegal activities of persons and organizations that knowingly encourage, instigate, organize or engage in the commission of offences set forth in Article 2;

(b) Measures requiring financial institutions and other professions involved in financial transactions to utilize the most efficient measures available for the identification of their usual or occasional customers, as well as customers in whose interest accounts are opened, and to pay special attention to unusual or suspicious transactions and report transactions suspected of stemming from a criminal activity. For this purpose, States Parties shall consider:

(i) Adopting regulations prohibiting the opening of accounts the holders or beneficiaries of which are unidentified or unidentifiable, and measures to ensure that such institutions verify the identity of the real owners of such transactions;

(ii) With respect to the identification of legal entities, requiring financial institutions, when necessary, to take measures to verify the legal existence and the structure of the customer by obtaining, either from a public register or from the customer or both, proof of incorporation, including information concerning the customer's name, legal form, address, directors and provisions regulating the power to bind the entity;

(iii) Adopting regulations imposing on financial institutions the obligation to report promptly to the competent authorities all complex, unusual large transactions and unusual patterns of transactions, which have no apparent economic or obviously lawful purpose, without fear of assuming criminal or civil liability for breach of any restriction on disclosure of information if they report their suspicions in good faith;

(iv) Requiring financial institutions to maintain, for at least five years, all necessary records on transactions, both domestic or international.

States Parties shall further cooperate in the prevention of offences set forth in Article 2 by considering:

(a) Measures for the supervision, including, for example, the licensing, of all money-transmission agencies;

(b) Feasible measures to detect or monitor the physical cross-border transportation of cash and bearer negotiable instruments, subject to strict safeguards to ensure proper use of information and without impeding in any way the freedom of capital movements.

States Parties shall further cooperate in the prevention of the offences set forth in Article 2 by exchanging accurate and verified information in accordance with their domestic law and coordinating administrative and other measures taken, as appropriate to prevent the commission of offences set forth in Article 2, in particular by:

(a) Establishing and maintaining channels of communication between their competent agencies and services to facilitate the secure and rapid exchange of information concerning all aspects of offences set forth in Article 2;

(b) Cooperating with one another in conducting inquiries, with respect to the offences set forth in Article 2, concerning:

(i) The identity, whereabouts and activities of persons in respect of whom reasonable suspicion exists that they are involved in such offences;

(ii) The movement of funds relating to the commission of such offences.

States Parties may exchange information through the International Criminal Police Organization (Interpol).

Article 19

The State Party where the alleged offender is prosecuted shall, in accordance with its domestic law or applicable procedures, communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the information to the other States Parties.

Article 20

The States 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.

Article 21

Nothing in this Convention shall affect other rights, obligations and responsibilities of States and individuals under international law, in particular the purposes of the Charter of the United Nations, international humanitarian law and other relevant conventions.

Article 22

Nothing in this Convention entitles a State Party to undertake in the territory of another State Party the exercise of jurisdiction or performance of functions which are exclusively reserved for the authorities of that other State Party by its domestic law.

Article 23

The Annex may be amended by the addition of relevant treaties that:

(a) Are open to the participation of all States;

(b) Have entered into force;

(c) Have been ratified, accepted, approved or acceded to by at least twenty-two States Parties to the present Convention.

After the entry into force of this Convention, any State Party may propose such an amendment. Any proposal for an amendment shall be communicated to the depositary in written form. The depositary shall notify proposals that meet the requirements of paragraph 1 to all States Parties and seek their views on whether the proposed amendment should be adopted.

The proposed amendment shall be deemed adopted unless one third of the States Parties object to it by a written notification not later than 180 days after its circulation.

The adopted amendment to the Annex shall enter into force 30 days after the deposit of the twenty-second instrument of ratification, acceptance or approval of such amendment for all those States Parties having deposited such an instrument. For each State Party ratifying, accepting or approving the amendment after the deposit of the twenty-second instrument, the amendment shall enter into force on the thirtieth day after deposit by such State Party of its instrument of ratification, acceptance or approval.

Article 24

Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.

Each State may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by paragraph 1. The other States Parties shall not be bound by paragraph 1 with respect to any State Party which has made such a reservation.

Any State which has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

Article 25

This Convention shall be open for signature by all States from 10 January 2000 to 31 December 2001 at United Nations Headquarters in New York.

This Convention is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

This Convention shall be open to accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 26

This Convention shall enter into force on the thirtieth day following the date of the deposit of the twenty-second instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.

For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article 27

Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.

Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

Article 28

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations who shall send certified copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at United Nations Headquarters in New York on 10 January 2000.

ANNEX

Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970.

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971.

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973.

International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.

Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.

Protocol 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 24 February 1988.

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.

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.

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

PART B Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.)

Algeria

Reservation:

Reservation of Algeria

The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 24, paragraph 1, of the International Convention for the Suppression of the Financing of Terrorism.

The Government of the People's Democratic Republic of Algeria declares that in order for a dispute to be submitted to arbitration or to the International Court of Justice, the agreement of all parties to the dispute shall be required in each case.

Bahrain

Reservation:

The Kingdom of Bahrain does not consider itself bound by paragraph 1 of Article 24 of the Convention.

Declaration:

The following Conventions shall be deemed not to be included in the annex referred to in Article 2, paragraph 1, subparagraph (a), since Bahrain is not a party thereto:

International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.

Convention on the Physical Protection of Nuclear Material, signed at Vienna on 3 March 1980.

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.

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.

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Belgium

Declaration:

I. Concerning article 2, paragraph 2 (a), of the Convention, the Government of Belgium declares the following:

The following treaties are to be deemed not to be included in the annex:

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome, 10 March 1988);

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (Rome, 10 March 1988);

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

II. The Government of Belgium interprets paragraphs 1 and 3 of article 2 as follows: an offence in the sense of the Convention is committed by any person who provides or collects funds if by doing so he contributes, fully or partly, to the planning, preparation or commission of an offence as defined in article 2, paragraph 1 (a) and (b) of the Convention. There is no requirement to prove that the funds provided or collected have been used precisely for a particular terrorist act, provided that they have contributed to the criminal activities of persons whose goal was to commit the acts set forth in article 2 paragraph 1 (a) and (b).

Reservation:

As for article 14 of the Convention, the Government of Belgium makes the following reservation:

In exceptional circumstances, the Government of Belgium reserves the right to refuse extradition or mutual legal assistance in respect of any offence set forth in article 2 which it considers to be a political offence or as an offence connected with a political offence or as an offence inspired by political motives.

In cases where the preceding paragraph is applicable, Belgium recalls that it is bound by the general legal principle aut dedere aut judicare, pursuant to the rules governing the competence of its courts.

Colombia

Declaration:

By virtue of article 24, paragraph 2, of the Convention, Colombia declares that it does not consider itself bound by paragraph 1 of the said article.

Furthermore, by virtue of article 7, paragraph 3, of the Convention, Colombia states that it establishes its jurisdiction in accordance with its domestic law in accordance with paragraph 2 of the same article.

Cook Islands

Declaration:

In accordance with the provisions of article 2, paragraph 2, subparagraph (a) of the International Convention for the Suppression of the Financing of Terrorism, the Government of the Cook Islands declares:

That in the application of this Convention, the treaties listed in the annex, referred to in article 2, paragraph 1, subparagraph (a) shall be deemed not to be included, given that the Cook Islands is not yet a party to the following Conventions:

(i) Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980;

(ii) Protocol 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 24 February 1988;

(iii) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988;

(iv) 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;

(v) International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Croatia

Declaration:

The Republic of Croatia, pursuant to Article 2 paragraph 2 of the International Convention for the Suppression of the Financing of Terrorism, declares that in the application of the Convention to the Republic of Croatia the following treaties shall be deemed not to be included in the Annex referred to in Article 2, paragraph 1 subparagraph (a) of the Convention:

International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979,

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988,

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,

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Cuba

Reservation:

The Republic of Cuba declares, pursuant to article 24, paragraph 2, that it does not consider itself bound by paragraph 1 of the said article, concerning the settlement of disputes arising between States Parties, inasmuch as it considers that such disputes must be settled through amicable negotiation. In consequence, it declares that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Egypt

Reservations and declaration:

Under article 2, paragraph 2 (a), of the Convention, the Government of the Arab Republic of Egypt considers that, in the application of the Convention, conventions to which it is not a party are deemed not included in the annex.

Under article 24, paragraph 2, of the Convention, the Government of the Arab Republic of Egypt does not consider itself bound by the provisions of paragraph 1 of that article. Without prejudice to the principles and norms of general international law and the relevant United Nations resolutions, the Arab Republic of Egypt does not consider acts of national resistance in all its forms, including armed resistance against foreign occupation and aggression with a view to liberation and self-determination, as terrorist acts within the meaning of article 2, subparagraph (b), of the Convention.

El Salvador

Declarations:

(1) Pursuant to article 2, paragraph 2 (a), the Republic of El Salvador declares that in the application of this Convention, the Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 3 March 1980, shall not be considered as having been included in the annex referred to in article 2, paragraph 1 (a), since El Salvador is not currently a State party thereto;

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(3) pursuant to article 24, paragraph 2, the Republic of El Salvador declares that it does not consider itself bound by paragraph 1 of that article, because it does not recognize the compulsory jurisdiction of the International Court of Justice; and

(4) El Salvador accedes to this Convention on the understanding that such accession is without prejudice to any provisions thereof which may conflict with the principles expressed in its Constitution and domestic legal system.

Estonia

Declaration:

1) pursuant to article 2, paragraph 2 of the Convention, the Republic of Estonia declares that she does not consider itself bound by 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, annexed to the Convention.

France

Declaration pursuant to article 2, paragraph 2 (a)

In accordance with article 2, paragraph 2 (a) of this Convention, France declares that in the application of the Convention to France, the Convention of 14 December 1973 on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, shall be deemed not to be included in the annex referred to in article 2, paragraph 1, subparagraph (a), since France is not a party thereto.

Georgia

Declaration:

In accordance with article 2.2, Georgia declares, that while applying this Convention treaties to which Georgia is not contracting party shall not be considered as included in the annex to this Convention.

Guatemala

Declaration:

Pursuant to article 2, paragraph 2 (a) of the Convention referred to in the preceding article, the State of Guatemala, in ratifying the Convention, makes the following declaration: “In the application of this Convention, Guatemala deems the following treaties not to be included in the annex: the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, signed at Rome on 10 March 1988; 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 and the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997. The declaration shall cease to have effect for each of the treaties indicated, as soon as the treaty enters into force for the State of Guatemala, which shall notify the depositary of this fact.

6 June 2002

Declaration under article 2 (2) (a):

[The Government of Guatemala notifies,]...pursuant to article 2, paragraph 2 of the International Convention for the Suppression of the Financing of Terrorism, that on 14 March 2002 [should read: 10 April 2002], the International Convention for the Suppression of Terrorist Bombings entered into force for the Republic of Guatemala. Accordingly, the declaration made by the Republic of Guatemala at the time of depositing its instrument of ratification that the latter Convention was deemed not to be included in the annex to the International Convention for the Suppression of the Financing of Terrorism has ceased to have effect.

Israel

Declarations:

Pursuant to Article 2, paragraph 2 (a) of the International Convention for the Suppression of the Financing of Terrorism, the Government of the State of Israel declares that in the application of the Convention the treaties to which the state of Israel is not a party shall be deemed not to be included in the Annex of the Convention.

...

Pursuant to Article 24, paragraph 2 of the Convention, the State of Israel does not consider itself bound by the provisions of Article 24, paragraph 1 of the Convention. The Government of the State of Israel understands that the term “international humanitarian law” referred to in Article 21 of the Convention has the same substantial meaning as the term “the law of war”. This body of laws does not include the provisions of the Protocols Additional to the Geneva Convention of 1977 to which the State of Israel is not a party.

Jordan

Declarations:

The Government of the Hashemite Kingdom of Jordan does not consider acts of national armed struggle and fighting foreign occupation in the exercise of people's right to self-determination as terrorist acts within the context of paragraph 1(b) of article 2 of the Convention.

Jordan is not a party to the following treaties:

A. Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 3 March 1980.

B. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.

C. 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.

D. International Convention for the Suppression of Terrorist Bombings, adopted in New York on 15 December 1997.

Accordingly Jordan is not bound to include, in the application of the International Convention for the Suppression of the Financing of Terrorism, the offences within the scope and as defined in such Treaties.

Latvia

Declaration:

In accordance with Article 2, paragraph 2 of the International Convention for the Suppression of the Financing of Terrorism, adopted at New York on the 9th day of December 1999, the Republic of Latvia declares that in the application of the Convention to the Republic of Latvia the following treaties shall be deemed not to be included in the annex referred to in Article 2 paragraph 1, subparagraph (a) of the Convention:

International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.

Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.

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. 5. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

20 March 2003

International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979,

Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980,

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988,

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; and

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Lithuania

Reservation and declaration:

It is provided in paragraph 2 of Article 24 of the said Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania does not consider itself bound by the provisions of paragraph 1 of Article 24 of the Convention stipulating that any dispute concerning the interpretation or application of this Convention shall be referred to the International Court of Justice.

It is provided in subparagraph a) of paragraph 2 of the said Convention, the Seimas of the Republic of Lithuania declares that in the application of this Convention to the Republic of Lithuania, the International Convention for the Suppression of Terrorist Bombings adopted on 15 December 1997, shall be deemed not to be included in the annex referred to in subparagraph a) of paragraph 1 of Article 2 of the Convention.

Luxembourg

Declaration:

Pursuant to article 2, paragraph 2, subparagraph (a), of the Convention, Luxembourg declares that when the Convention is applied to it, the treaties listed in the annex which have not yet been ratified by Luxembourg shall be deemed not to appear in the annex.

As at the date of ratification of the Convention, the following treaties listed in the annex had been ratified by Luxembourg:

Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague, on 16 December 1970;

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal, on 23 September 1971;

International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations, on 17 December 1979;

Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 3 March 1980.

Mauritius

Declarations:

(1) in accordance with Article 2, paragraph 2, subparagraph (a) of the said Convention the Government of the Republic of Mauritius declares that in the application of this Convention to the Republic of Mauritius, the following treaty shall be deemed not to be included in the annex referred to in Article 2 [paragraph 1 subparagraph (a)] of the said Convention, since the Republic of Mauritius is not yet a party thereto -

(1) The International Convention on the Physical Protection of Nuclear Materials:

(ii) In accordance with Article 24(2) of the said Convention, the Government of the Republic of Mauritius does not consider itself bound by Article 24 (1). The Government of the Republic of Mauritius considers that any dispute may be referred to the International Court of Justice only with the consent of all the Parties to the dispute.

Mozambique

Declaration in accordance with its article 24, paragraph 2:

The Republic of Mozambique does not consider itself bound by the provisions of article 24 paragraph 1 of the Convention.

In this connection the Republic of Mozambique states that, in the each individual case the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.

Furthermore, the Republic of Mozambique declare that:

The Republic of Mozambique, in accordance with its Constitution and domestic laws may not and will not extradite Mozambique citizens.

Therefore, Mozambique citizens will be tried and sentenced in national courts.

Myanmar

Upon signature:

Reservation:

The Government of the Union of Myanmar declares in pursuance of Article 24 paragraph (2) of the International Convention for the Suppression of the Financing of Terrorism that it does not consider itself bound by the provisions of Article 24, Paragraph (1).

Netherlands

Declaration:

The Kingdom of the Netherlands understands Article 10, paragraph 1, of the International Convention for the Suppression of the Financing of Terrorism to include the right of the competent judicial authorities to decide not to prosecute a person alleged to have committed such an offence, if, in the opinion of the competent judicial authorities grave considerations of procedural law indicate that effective prosecution will be impossible.

New Zealand

Declaration in accordance with Article 2, paragraph 2 (a):

In the application of the Convention to New Zealand, the Convention on the Physical Protection of Nuclear Materials adopted at Vienna on [3 March 1980] shall be deemed not to be included in the annex referred to in Article 2, paragraph 1 (a), as New Zealand is not yet a party to it.

Nicaragua

Declaration:

In accordance with the provisions of article 2, paragraph 2, subparagraph (a), of the International Convention for the Suppression of the Financing of Terrorism, the Government of Nicaragua declares:

That, in the application of this Convention, the treaties listed in the annex referred to in article 2, paragraph 1, subparagraph (a), shall be deemed not to be included, given that Nicaragua is not yet a party to the following conventions:

International Convention against the Taking of Hostages, adopted by the United Nations General Assembly on 17 December 1979.

Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.

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.

Philippines

Declaration:

In ratifying the Convention, the Philippines has to declare, as it hereby declares, that in the application of the Convention the following treaties to which it is not yet a party shall be deemed not included in the annex:

(a) Protocol 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;

(b) Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation;

(c) Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf;

(d) International Convention for the Suppression of Terrorist Bombings.

This declaration shall cease to have effect upon entry into force of the said treaties with respect to the Philippines.

25 June 2004

Pursuant to Article 2 (a) of the International Convention on the Financing of Terrorism the Philippine Government has become State Party to the following international instruments:

Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, entered into force for [the Republic of the Philippines] on 16 January 2004 ([Republic of Philippines] ratification deposited with the ICAO on 17 December 2003);

International Convention for the Suppression of Terrorist Bombings, entered into force for [the Republic of the Philippines] on 06 February 2004 ([Republic of the Philippines] ratification deposited with the UN Secretary-General on 07 January 2004);

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, entered into force for [the Republic of the Philippines] on 05 April 2004 ( [Republic of the Philippines] ratification deposited with the IMO on 06 January 2004); and

Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, entered into force for [the Republic of the Philippines] on 05 April 2004 ([Republic of the Philippines] ratification deposited with the IMO on 06 January 2004).

Republic of Moldova

Declaration and reservation:

Pursuant to article 2, paragraph 2 (a) of the International Convention for the Suppression of the Financing of Terrorism, the Republic of Moldova declares that in the application of the Convention the treaties the Republic of Moldova is not a party to shall be deemed not to be included in the Annex of the Convention.

Pursuant to article 24, paragraph 2 of the International Convention for the Suppression of the Financing of Terrorism, the Republic of Moldova declares that it does not consider itself bound by the provisions of article 24, paragraph 1 of the Convention.

Romania

Declaration:

In accordance with Article 2, paragraph 2, subparagraph (a) of the Convention, Romania declares that, on the date of the application of this Convention to Romania, the International Convention for the Suppression of Terrorism Bombings of 15 December 1997, shall be deemed not to be included in the annex referred to in Article 2, paragraph 1, subparagraph (a).

Russian Federation

Upon signature:

Declaration:

It is the position of the Russian Federation that the provisions of article 15 of the Convention must be applied in such a way as to ensure the inevitability of responsibility for perpetrating the crimes falling within the purview of the Convention, without prejudice to the effectiveness of international cooperation with regard to the questions of extradition and legal assistance.

Upon ratification:

Declarations:

....

It is the position of the Russian Federation that the provisions of article 15 of the Convention must be applied in such a way as to ensure the inevitability of responsibility for perpetrating crimes falling within the purview of the Convention, without prejudice to the effectiveness of international cooperation with regard to the questions of extradition and legal assistance.

Saint Vincent and the Grenadines

Declaration and Reservation:

In accordance with Article 2 paragraph 2 a) of the said Convention, however, the Government of Saint Vincent and the Grenadines declares that in the application of this Convention to Saint Vincent and the Grenadines the following treaties shall be deemed not to be included in the Annex referred to in its Article 2 paragraph 1(a):

Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Further, in accordance with Article 24 paragraph 2 of the said Convention, the Government of Saint Vincent and the Grenadines declares that it does not consider itself bound by paragraph 1 of Article 24. The Government of Saint Vincent and the Grenadines considers that any dispute may be referred to the International Court of Justice only with the consent of all the parties to the dispute.

Singapore

Upon signature:

Reservation:

The Government of the Republic of Singapore makes the following reservations in relation to Article 2 and Article 24 of the 1999 International Convention for the Suppression of the Financing of Terrorism:

The Republic of Singapore declares, in pursuance of Article 2, paragraph 2 (a) of the Convention that in the application of this Convention, the treaty shall be deemed not to include the treaties listed in the annex of this Convention which the Republic of Singapore is not a party to.

ii) The Republic of Singapore declares, in pursuance of Article 24, paragraph 2 of the Convention that it will not be bound by the provisions of Article 24 paragraph 1 of the Convention.

Upon ratification:

[S]ubject to the following declarations and reservations:

Declarations

(1) The Republic of Singapore understands that Article 21 of the Convention clarifies that nothing in the Convention precludes the application of the law of armed conflict with regard to legitimate military objectives.

Reservations

(1) With respect to Article 2, paragraph 2 (a) of the Convention, the Republic of Singapore declares that the treaty shall be deemed not to include the treaties listed in the annex of this Convention which the Republic of Singapore is not a party to.

(2) The Republic of Singapore declares, in pursuance of Article 24, paragraph 2 of the Convention that it will not be bound by the provisions of Article 24, paragraph 1 of the Convention.

Syrian Arab Republic

Reservations and declarations;

A reservation concerning the provisions of its article 2, paragraph 1 (b), inasmuch as the Syrian Arab Republic considers that acts of resistance to foreign occupation are not included under acts of terrorism;

Pursuant to article 2, paragraph 2 (a) of the Convention, the accession of the Syrian Arab Republic to the Convention shall not apply to the following treaties listed in the annex to the Convention until they have been adopted by the Syrian Arab Republic:

The International Convention against the Taking of Hostages, adopted by the General Assembly on 17 December 1979;

The Convention on the Physical Protection of Nuclear Materials, adopted at Vienna on 3 March 1980;

The International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly on 15 December 1997.

Pursuant to article 24, paragraph 2, of the Convention, the Syrian Arab Republic declares that it does not consider itself bound by paragraph 1 of the said article;

The accession of the Syrian Arab Republic to this Convention shall in no way imply its recognition of Israel or entail its entry into any dealings with Israel in the matters governed by the provisions thereof.

Thailand

Declarations:

I. The Kingdom of Thailand declares in pursuance to Article 2 paragraph 2 (a) of the Convention that in the application of this Convention, the following treaties, which the Kingdom of Thailand is not a party to, shall not be included in the annex of this Convention.

International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979.

Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988.

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.

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

II. The Kingdom of Thailand declares, in pursuance to Article 24 paragraph 2 of the Convention, that it does not consider itself bound by Article 24 paragraph 1 of the Convention.

The Former Yugoslav Republic of Macedonia

Declaration:

The following treaties are to be deemed not to be included in the annex:

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done on 10 March 1988;

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.

Tunisia

Reservation:

The Republic of Tunisia,

In ratifying the International Convention for the Suppression of the Financing of Terrorism adopted on 9 December 1999 by the General Assembly at its fifty-fourth session and signed by the Republic of Tunisia on 2 November 2001, declares that it does not consider itself bound by the provisions of article 24, paragraph 1, of the Convention and affirms that, in the settlement of disputes concerning the interpretation or implementation of the Convention, there shall be no recourse to arbitration or to the International Court of Justice without its prior consent.

Turkey

Declaration:

The Republic of Turkey declares that the application of Paragraph 1(b) of Article (2) of the Convention does not necessarily indicate the existence of an armed conflict and the term “armed conflict”, whether it is organized or not, describes a situation different from the commitment of acts that constitute the crime of terrorism within the scope of criminal law.

The Republic of Turkey declares its understanding that Paragraph 1(b) of Article (2) of the International Convention for the Suppression of the Financing of Terrorism, as stated in Article (21) of the said Convention, shall not prejudice the obligations of states under international law including the Charter of the United Nations, in particular the obligation of not providing financial support to terrorist and armed groups acting in the territory of other states.

Pursuant to Paragraph 2 of Article 24 of the International Convention for the Suppression of the Financing of Terrorism, the Republic of Turkey declares that it does not consider itself bound by the provisions of Paragraph 1 of Article (24) of the said Convention.

United States of America

Reservation:

(a) pursuant to Article 24 (2) of the Convention, the United States of America declares that it does not consider itself bound by Article 24 (1) of the Convention; and

(b) the United States of America reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article 24 (1) of the Convention or any other procedure for arbitration.

Understandings:

(1) EXCLUSION OF LEGITIMATE ACTIVITIES AGAINST LAWFUL TARGETS. The United States of America understands that nothing in the Convention precludes any State Party to the Convention from conducting any legitimate activity against any lawful target in accordance with the law of armed conflict.

(2) MEANING OF THE TERM “ARMED CONFLICT”. The United States of America understands that the term “armed conflict”in Article 2 (1) (b) of the Convention does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature.

Venezuela (Bolivarian Republic of)

Reservations:

Pursuant to article 24, paragraph 2, of the International Convention for the Suppression of the Financing of Terrorism, the Bolivarian Republic of Venezuela hereby formulates an express reservation to the provisions of article 24, paragraph 1, of that Convention.

Accordingly, it does not consider itself bound to resort to arbitration as a means of dispute settlement, and does not recognize the binding jurisdiction of the International Court of Justice.

Furthermore, pursuant to article 2, paragraph 2, subparagraph (a), of the International Convention for the Suppression of the Financing of Terrorism, it declares that in the application of that Convention to Venezuela, the following treaties shall be deemed not to be included in the annex referred to in article 2, paragraph 1, subparagraph (a), of that Convention until they enter into force for the Bolivarian Republic of Venezuela:

Convention on the Physical Protection of Nuclear Material, signed at Vienna on 3 March 1980;

Protocol on 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, signed at Montreal on 24 February 1988;

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988;

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;

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

Viet Nam

Reservation and declaration:

Acceding to this Convention, the Socialist Republic of Vietnam makes its reservation to paragraph 1 of Article 24 of the Convention.

The Socialist Republic of Vietnam also declares that the provisions of the Convention shall not be applied with regard to the offences set forth in the following treaties to which the Socialist Republic of Vietnam is not a party:

International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979;

Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980;

International Convention for [the] Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.”

Objections

(Unless otherwise indicated, the objections were made upon ratification, acceptance approval or accession.)

Austria

15 July 2004

With regard to the declaration made by Jordan upon ratification:

The Government of Austria has examined the Declaration relating to paragraph 1 (b) of Article 2 of the International Convention for the Suppression of the Financing of Terrorism made by the Government of the Hashemite Kingdom of Jordan at the time of its ratification of the Convention. The Government of Austria considers that the declaration made by the Government of the Hashemite Kingdom of Jordan is in fact a reservation that seeks to limit the scope of the Convention on a unilateral basis and is therefore contrary to its object and purpose, which is the suppression of the financing of terrorist acts, irrespective of where they take place and of who carries them out.

The Declaration is furthermore contrary to the terms of Article 6 of the Convention according to which States Parties commit themselves to “adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature.

The Government of Austria recalls that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

The Government of Austria therefore objects to the aforesaid reservation made by the Government of the Hashemite Kingdom of Jordan to the International Convention for the Suppression of the Financing of Terrorism. However, this objection shall not preclude the entry into force of the Convention between Austria and the Hashemite Kingdom of Jordan.

Canada

25 August 2004

With regard to the declaration made by Jordan upon ratification:

The Government of Canada has examined the Declaration made by [the] Hashemite Kingdom of Jordan at the time of its ratification of the International Convention for the Suppression of the Financing of Terrorism and considers that the Declaration is, in fact, a reservation that seeks to limit the scope of the Convention on a unilateral basis and is contrary to the object and purpose of the Convention which is the suppression of the financing of terrorism, irrespective of who carries it out.

The Government of Canada considers the Declaration to be, furthermore, contrary to the terms of Article 6 of the Convention, according to which States Parties commit themselves to “adopt such measures as may be necessary, including, where appropriate domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by considerations of a political, philosophical ideological, racial, ethnic, religious or other similar nature.

The Government of Canada considers that the above Declaration constitutes a reservation which is incompatible with the object and purpose of the International Convention for the Suppression of the Financing of Terrorism.

The Government of Canada recalls that, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party 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.

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