S.I. No. 275/2019 - Extradition (United Nations Convention Against Corruption) Order 2019

“[…]

Article 44 (6) (a):

For the purposes of the legal basis for cooperation on extradition with other States Parties to the Convention, the Cook Islands will rely on the provisions of its Extradition Act 2003 as the legal basis for cooperation and extraction of any matters under article 44 (6) (a). The Act is administered by the Ministry of Police.

[…]

Costa Rica

5 July 2007

“[…]

Similarly, the Republic of Costa Rica wishes to inform ... that the United Nations Convention against Corruption will be taken as the legal basis for cooperation on extradition, in accordance with article 44 (6) of the Convention.

[…]”

Côte d’Ivoire

“In accordance with article 44 (6):

The United Nations Convention against Corruption, adopted on 31 October 2003 in New York, is considered by the Government of the Republic of Côte d’Ivoire as the legal basis for cooperation on extradition with other Parties to the Convention in addition to the treaties, conventions and existing bilateral and multilateral agreements.”

Cuba

“The Republic of Cuba declares that, pursuant to article 44, paragraph 6, of the Convention, it does not take this Convention as the legal basis for cooperation on extradition with other States parties.”

El Salvador

• “(a) With respect to the provisions of article 44, the Republic of El Salvador does not regard the above-mentioned Convention as the legal basis for cooperation in connection with extradition;

[…]”

Ethiopia

“… ratification by Ethiopia of the said Convention with a reservation on Article 44 of the Convention.”

Georgia

“According to article 44, paragraph 6, subparagraph ‘a’, Georgia considers the Convention as the legal basis of collaboration on extradition issues with other state parties based on the principle of reciprocity.

[…]”

Guatemala

• “(a) Pursuant to article 44, paragraph 6 (a), the Republic of Guatemala regards this Convention as the legal basis for cooperation on extradition;

[…]”

Holy See

“[…]

With regard to articles 43 to 48 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that, in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, 1 October 2008), nothing in the Convention shall be interpreted as imposing an obligation to extradite or to provide mutual legal assistance if there are substantial grounds for believing that the request is made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion; that compliance with the request would cause prejudice to that person’s position for any of these reasons; or that the person would be subject to the death penalty or to torture.

[…]”

Honduras

8 May 2014

“Pursuant to article 44, paragraph 6 (a), of the Convention, the Republic of Honduras declares that it takes this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. However, under articles 101 and 102 of the Constitution of the Republic of Honduras, the State cannot authorize the extradition of persons accused of political offences or related ordinary offences and the Honduran authorities cannot expel Honduran citizens or hand them over to the authorities of another State.

[…]”

Israel

“Declaration regarding Article 44 (6) of the Convention:

Israel’s extradition law requires an extradition agreement in order for extradition to occur. Under Section 2A [c] of Israel’s Extradition Law, an agreement can include a special agreement concluded between the State of Israel and the requesting State concerning the extradition of a wanted person, pursuant to the provisions of the Extradition Law. With respect to States Parties with which the State of Israel presently has an extradition treaty, extradition for the offenses under the Convention shall be undertaken pursuant to the requirements of those treaties. With respect to States Parties with which the State of Israel does not have an extradition treaty, it shall not in every case consider the Convention as the legal basis for extradition cooperation with such States Parties but shall consider each request for extradition for an offence under the Convention with due seriousness in light of the purposes and provisions of this Convention and may elect to extradite in such cases pursuant to a special agreement with the State Party, pursuant to Israeli law and upon a basis of reciprocity.”

Kazakhstan

27 June 2008

“1. In accordance with article 44, paragraph 6 (a) of the Convention, the Republic of Kazakhstan takes the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention.

[…]”

Kenya

14 August 2008

“[…]

In terms of Article 44 (6) (a) of the Convention, the Republic of Kenya declares that it does not consider the Convention as a legal basis for co-operation on extradition with other States Parties since Kenya’s municipal law (especially The Extradition (Contiguous) and Foreign Countries Act (Cap 76) and the Extradition (Commonwealth Countries) Act (Cap 77) requires the existence of a bilateral treaty between Kenya and another state as a condition precedent to extradition proceedings.

[…]”

Kuwait

“In accordance with article 44, paragraph 6 (a), of the United Nations Convention against Corruption,

We hereby declare in the name of the State of Kuwait that by this instrument the Convention is considered as the legal basis for cooperation on extradition with other States Parties to the Convention.

[…]”

Lao People’s Democratic Republic

“The Lao People’s Democratic Republic declares that it makes extradition conditional on the existence of a treaty. Nevertheless, it does not consider the UN Convention Against Corruption as the legal basis for extradition in respect of the offences set forth therein. It further declares that bilateral agreements will be the basis for extradition as between the Lao People’s Democratic Republic and other States Parties in respect of any offences.”

Mali

“The Republic of Mali, pursuant to Article 44 (6), notifies that this Convention will constitute the legal basis for cooperation on extradition with other States Parties to this Convention.”

Mauritius

“The Government of the Republic of Mauritius wishes to inform the Secretary-General of the following notifications pursuant to Articles 6 (3), 44 (6), 46 (13) and 46 (14), of the Convention.

[…]

Article 44 (6)

Mauritius makes extradition conditional on the existence of a treaty. The Extradition Act does not at present allow Mauritius to take the Convention as the legal basis for co-operation on extradition with other States Parties to the Convention.

[…]”

Mongolia

7 August 2008

“[…]

1. Pursuant to Article 44 (6) of the Convention:

Mongolia will take the UN Convention against Corruption as the legal basis for cooperation on extradition with other States Parties to the Convention. Mongolia will not extradite its’ own citizens.

[…]”

Mozambique

4 November 2008

“[…]

Furthermore, with regard to Article 44 of the Convention, the Republic of Mozambique declares that:

‘In accordance with its Constitution, the Republic of Mozambique can not extradite Mozambican citizens. The Constitution does not allow the extradition of foreign citizens that, according to the laws of the requesting State, could be subjected to death penalty or life imprisonment. Foreign citizens also can not be extradited whenever there is serious ground to believe that they may be subjected to torture, inhumane, degrading or cruel treatment’.”

Nepal

“With reference to Article 44.6 (a) of the Convention, the Government of Nepal would like to inform the Secretary-General of the United Nations that it will not take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention.”

Pakistan

“[…]

Article 44 (6)

... the Government of the Islamic Republic of Pakistan declares that pursuant to Article 44, Paragraph 6, of the Convention, it does not take this Convention as the legal basis for cooperation on extradition with other States Parties.

[…]”

Panama

“[…]

the Republic of Panama will take the Convention as the legal basis for cooperation on extradition with other States parties to the Convention.

[…]”

Paraguay

“Pursuant to article 44 (6) (a) of the Convention, I have the honour to inform you that the Republic of Paraguay will take the Convention as the legal basis for cooperation on extradition with other States parties to the Convention.

[…]”

Philippines

14 December 2006

“[…]

In accordance with Article 44, paragraph 6, the Republic of the Philippines declares that dual criminality is required under its extradition law and the Philippines therefore cannot consider the Convention as the legal basis for cooperation on extradition with other States.

[…]”

Republic of North Macedonia

16 April 2008

“[…]

In accordance with Article 44, paragraph 6, subparagraph (a) of the Convention, the Republic of Macedonia will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention.

[…]”

Russian Federation

“[…]

2) The Russian Federation declares, in accordance with article 44, paragraph 6, subparagraph (a) of the Convention, that it will take the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention, on a foundation of reciprocity;

[…]”

“[...]

3) The Russian Federation believes that article 44, paragraph 15 of the Convention must be interpreted in such a way as to make accountability for offences falling within the purview of this Convention inescapable, without prejudice to the effectiveness of international cooperation on extradition and legal assistance;

[...]”

Saint Lucia

“The Government of Saint Lucia further declares that pursuant to Article 44 paragraph 6 of the Convention, it does not take the Convention as the legal basis for co-operation on extradition with other state parties.”

Saudi Arabia

“1. The Kingdom does not consider this Convention to be the legal basis for the matter of extradition with other State Parties to this [C]onvention, provided for in paragraph (5) of Article (44).

[…]”

Seychelles

“That, under Article 44.6 (a) of the Convention, the Republic of Seychelles will not take the Convention as the legal basis for cooperation on extradition,

[…]”

Singapore

“[…]

1. Pursuant to Article 44, paragraph 6 of the above mentioned Convention, the Government of the Republic of Singapore declares that it does not take the above mentioned convention as the legal basis for cooperation on extradition with other States Parties.

[…]”

South Africa

“[…]

in terms of Article 44 (6) of the Convention it is approved that South Africa uses the Convention as the legal basis for co-operation on extradition with other States Parties to the Convention.

[…]”

Ukraine

2 December 2009

• “(1) To paragraph 6 (a) of Article 44:

Ukraine declares that it will consider this Convention to be the legal basis for co-operation on extradition in relations with the States Parties to this Convention in the absence of a treaty on extradition between them;

[…]”

United States of America

“Declarations

[…]

• (2) The United States declares that the provisions of the Convention (with the exception of Articles 44 and 46) are non-self-executing. None of the provisions of the Convention creates a private right of action.”

“[…]

Pursuant to Article 44, paragraph 6, of the Convention, ... the United States will not apply Article 44, paragraph 5.

[…]”

Uruguay

12 April 2007

“[…]

• Article 44, paragraph 6: While Uruguay does not necessarily make extradition conditional on the existence of a treaty, it has incorporated the United Nations Convention against Corruption into its domestic legal order and will therefore take the Convention as the legal basis for cooperation on extradition with other States parties;

[…]”

Uzbekistan

1 August 2008

“[…]

to paragraph 6 of Article 44 of the Convention: In accordance with subparagraph “ä” of paragraph 6 of the article 44 the Republic of Uzbekistan notifies that it shall use this Convention as a legal basis for cooperation on extradition of persons, who committed corruption crimes, with other State Parties of this Convention on a foundation of reciprocity…

[…]”

Venezuela (Bolivarian Republic of)

“The Bolivarian Republic of Venezuela also declares that:

Concerning the provisions of article 44, paragraph 11, the extradition of nationals is expressly prohibited under Venezuelan law. In that regard, Venezuela undertakes, at the request of the State party seeking extradition, to submit the case without undue delay to its competent authorities for the purpose of prosecution.”

Viet Nam

“In accordance with Article 44 of the Convention thereof, the Socialist Republic of Vietnam declares that it shall not take the Convention as the legal basis for extraditions. The Socialist Republic of Vietnam shall conduct extradition in accordance with the Vietnamese law, on the basis of treaties on extradition and the principle of reciprocity.”

Yemen

“.....subject to our reservation concerning article 44 and article 66, paragraph 2, of the Convention.”

GIVEN under my Official Seal,

19 June, 2019.

SIMON COVENEY,

Minister For Foreign Affairs and Trade.

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 apply the provisions of Part II of the Extradition Act 1965 to the countries listed in Part A of Schedule 3 to the Order in respect of offences under the 2003 United Nations Convention against Corruption. The Convention was ratified by the State on 9 November 2011. The countries listed in Part A of Schedule 3 are those states parties to the Convention other than Member States of the European Union because extradition to and from those Member States is regulated by the European Arrest Warrant system. Part B of Schedule 3 lists the reservations and declarations, or parts thereof, made by certain states parties which relate to extradition under the Convention.