LegalizeS.I. No. 396/2019 - Extradition (United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances) Order 2019
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.
The reports of the Board shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties shall permit their unrestricted distribution.
Article 24
APPLICATION OF STRICTER MEASURES THAN THOSE REQUIRED BY THIS CONVENTION
A Party may adopt more strict or severe measures than those provided by this Convention if, in its opinion, such measures are desirable or necessary for the prevention or suppression of illicit traffic.
Article 25
NON-DEROGATION FROM EARLIER TREATY RIGHTS AND OBLIGATIONS
The provisions of this Convention shall not derogate from any rights enjoyed or obligations undertaken by Parties to this Convention under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.
Article 26
SIGNATURE
This Convention shall be open for signature at the United Nations Office at Vienna, from 20 December 1988 to 28 February 1989, and thereafter at the Headquarters of the United Nations at New York, until 20 December 1989, by:
- (a) All States;
- (b) Namibia, represented by the United Nations Council for Namibia;
- (c) Regional economic integration organizations which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention, references under the Convention to Parties, States or national services being applicable to these organizations within the limits of their competence.
Article 27
RATIFICATION, ACCEPTANCE, APPROVAL OR ACT OF FORMAL CONFIRMATION
This Convention is subject to ratification, acceptance or approval by States and by Namibia, represented by the United Nations Council for Namibia, and to acts of formal confirmation by regional economic integration organizations referred to in article 26, subparagraph (c). The instruments of ratification, acceptance or approval and those relating to acts of formal confirmation shall be deposited with the Secretary-General.
In their instruments of formal confirmation, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.
Article 28
ACCESSION
This Convention shall remain open for accession by any State, by Namibia, represented by the United Nations Council for Namibia, and by regional economic integration organizations referred to in article 26, subparagraph (c). Accession shall be effected by the deposit of an instrument of accession with the Secretary-General.
In their instruments of accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Secretary-General of any modification in the extent of their competence with respect to the matters governed by the Convention.
Article 29
ENTRY INTO FORCE
This Convention shall enter into force on the ninetieth day after the date of the deposit with the Secretary-General of the twentieth instrument of ratification, acceptance, approval or accession by States or by Namibia, represented by the Council for Namibia.
For each State or for Namibia, represented by the Council for Namibia, ratifying, accepting, approving or acceding to this Convention after the deposit of the twentieth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of the deposit of its instrument of ratification, acceptance, approval or accession.
For each regional economic integration organization referred to in article 26, subparagraph (c) depositing an instrument relating to an act of formal confirmation or an instrument of accession, this Convention shall enter into force on the ninetieth day after such deposit, or at the date the Convention enters into force pursuant to paragraph 1 of this article, whichever is later.
Article 30
DENUNCIATION
A Party may denounce this Convention at any time by a written notification addressed to the Secretary-General.
Such denunciation shall take effect for the Party concerned one year after the date of receipt of the notification by the Secretary-General.
Article 31
AMENDMENTS
Any Party may propose an amendment to this Convention. The text of any such amendment and the reasons therefor shall be communicated by that Party to the Secretary-General, who shall communicate it to the other Parties and shall ask them whether they accept the proposed amendment. If a proposed amendment so circulated has not been rejected by any Party within twenty-four months after it has been circulated, it shall be deemed to have been accepted and shall enter into force in respect of a Party ninety days after that Party has deposited with the Secretary-General an instrument expressing its consent to be bound by that amendment.
If a proposed amendment has been rejected by any Party, the Secretary-General shall consult with the Parties and, if a majority so requests, he shall bring the matter, together with any comments made by the Parties, before the Council which may decide to call a conference in accordance with Article 62, paragraph 4, of the Charter of the United Nations. Any amendment resulting from such a conference shall be embodied in a Protocol of Amendment. Consent to be bound by such a Protocol shall be required to be expressed specifically to the Secretary-General.
Article 32
SETTLEMENT OF DISPUTES
If there should arise between two or more Parties a dispute relating to the interpretation or application of this Convention, the Parties shall consult together with a view to the settlement of the dispute by negotiation, enquiry, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their own choice.
Any such dispute which cannot be settled in the manner prescribed in paragraph 1 of this article shall be referred, at the request of any one of the States Parties to the dispute, to the International Court of Justice for decision.
If a regional economic integration organization referred to in article 26, subparagraph (c) is a Party to a dispute which cannot be settled in the manner prescribed in paragraph 1 of this article, it may, through a State Member of the United Nations, request the Council to request an advisory opinion of the International Court of Justice in accordance with Article 65 of the Statute of the Court, which opinion shall be regarded as decisive.
Each State, at the time of signature or ratification, acceptance or approval of this Convention or accession thereto, or each regional economic integration organization, at the time of signature or deposit of an act of formal confirmation or accession, may declare that it does not consider itself bound by paragraphs 2 and 3 of this article. The other Parties shall not be bound by paragraphs 2 and 3 with respect to any Party having made such a declaration.
Any Party having made a declaration in accordance with paragraph 4 of this article may at any time withdraw the declaration by notification to the Secretary-General.
Article 33
AUTHENTIC TEXTS
The Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equally authentic.
Article 34
DEPOSITARY
The Secretary-General shall be the depositary of this Convention.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention.
DONE AT VIENNA, in one original, this twentieth day of December one thousand nine hundred and eighty-eight.
Annex
| Table I | Table II |
| Acetic anhydride | Acetone |
| N-Acetylanthranilic acid | Anthranilic acid |
| Ephedrine | Ethyl ether |
| Ergometrine | Hydrochloric acida |
| Ergotamine | Methyl ethyl ketone |
| Isosafrole | Piperidine |
| Lysergic acid | Sulphuric acida |
| 3,4-Methylenedioxyphenyl-2-propanone Norephedrine | Toluene |
| 4-Anilino-N-phenethylpiperidine (ANPP) | |
| N-Phenethyl-4-piperidone (NPP) | |
| Phenylacetic acid | |
| alpha-phenylacetoacetonitrile (APAAN) | |
| 1-Phenyl-2-propanone | |
| Piperonal | |
| Potassium permanganate | |
| Pseudoephedrine | |
| Safrole | |
| --- | --- |
| The salts of the substances listed in this Table whenever the existence of such salts is possible. | The salts of the substances listed in this Table whenever the existence of such salts is possible. |
SCHEDULE 2
PART A
Afghanistan
Albania
Algeria
Andorra
Angola
Antigua and Barbuda
Argentina
Armenia
Australia
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belize
Benin
Bhutan
Bolivia (Plurinational State of)
Bosnia and Herzegovina
Botswana
Brazil
Brunei Darussalam
Burkina Faso
Burundi
Cabo Verde
Cambodia
Cameroon
Canada
Central African Republic
Chad
Chile
China
Colombia
Comoros
Congo
Cook Islands
Costa Rica
Côte d‘Ivoire
Cuba
Democratic People’s Republic of Korea
Democratic Republic of the Congo
Djibouti
Dominica
Dominican Republic
Ecuador
Egypt
El Salvador
Eritrea
Eswatini
Ethiopia
Fiji
Gabon
Gambia
Georgia
Ghana
Grenada
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Holy See
Honduras
Iceland
India
Indonesia
Iran (Islamic Republic of)
Iraq
Israel
Jamaica
Japan
Jordan
Kazakhstan
Kenya
Kuwait
Kyrgyzstan
Lao People’s Democratic Republic
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
Madagascar
Malawi
Malaysia
Maldives
Mali
Marshall Islands
Mauritania
Mauritius
Mexico
Micronesia (Federated States of)
Monaco
Mongolia
Montenegro
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norway
Oman
Pakistan
Palestine
Panama
Paraguay
Peru
Philippines
Qatar
Republic of Korea
Republic of Moldova
Republic of North Macedonia
Russian Federation
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
San Marino
Sao Tome and Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
South Africa
Sri Lanka
Sudan
Suriname
Switzerland
Syrian Arab Republic
Tajikistan
Thailand
Timor-Leste
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
Uganda
Ukraine
United Arab Emirates
United Republic of Tanzania
United States of America
Uruguay
Uzbekistan
Vanuatu
Venezuela (Bolivarian Republic of)
Viet Nam
Yemen
Zambia
Zimbabwe
PART B Reservations and Declarations made by States Parties with respect to the European Convention on the Suppression of Terrorism
(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval, formal confirmation, succession or accession.)
Argentina
16 May 2012
Article 6 (Extradition):
Where a treaty exists, the requirements established therein should be met. If there is no treaty governing extradition, the following requirements should be met:
When the requested person has been charged:
A clear description of the offence, with specific information on the date, place and circumstances under which it was committed, and the identity of the victim;
The legal characterization of the offence;
An explanation of the basis for the competence of the courts of the requesting State to try the case, as well as the reasons for which the limitations period has not expired;
Affidavit or certified copy of the court order for the detention of the accused, with an explanation of the grounds on which the person is suspected of taking part in the offence, and the court order for the delivery of the extradition request;
The text of the criminal and procedural provisions applicable to the case as they relate to the foregoing paragraphs;
All available information for the identification of the requested person, including name, nicknames, nationality, date of birth, marital status, profession or occupation, distinguishing marks, photographs and fingerprints, and any available information on his domicile or whereabouts in Argentine territory.
In the event that the requested person has been convicted, in addition to the foregoing, the following shall be added:
An affidavit or certified copy of the court decision of conviction;
Certification that the decision is not rendered in absentia and is final. If the judgment is rendered in absentia, assurances must be given that the case will be reopened so that the convicted person may be heard and allowed to exercise the right of defence, and that a new judgment will be issued accordingly;
Information on the length of the sentence remaining to be served;
An explanation of the reasons for which the sentence has not been completed.
Articles 7 (8) and 17 (7) central authority:
Ministerio de Relaciones Exteriores y Culto
Dirección de Asistencia Jurídica Internacional
Esmeralda 1212, piso 4
C1007ABR-Buenos Aires
Argentina
Phone: (54) 11 4819-7000/7385
Fax: (54) 11 4819-7353
E-mail: dajin@mrecic.gov.ar; cooperacion-penal@mrecic.gov.ar
Languages: Spanish
Office hours: 08.00-20.00
GMT: -3
Request by INTERPOL: yes (only for preventive detention requests prior to extradition)
Documents required for request.
Armenia
26 March 2012
“… updated data of the national competent authorities designated under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
[Articles 6 and 7]
Name of Authority: Police of the Republic of Armenia
Full postal address: str. Nalbandyan 130
Yerevan 0025
Name of service to be contacted: General Department on Combat Against Organized Crime
Name of person to be contacted: Mr. Artur Minasyan
Title: Police Lieutenant-Colonel, Head of Operational Information Unit, Department on Combat against Illicit Drug Trafficking
Telephone: +374 10 587 155
Fax: +374 10 587 155
Email: ttdpr@mail.ru
Office Hours: 09:00 to 18:00
Lunch breaks: from 13:00 to 14:00
GMT: +3
Languages: Russian
Acceptance of requests through Yes
INTERPOL:
Formats and channels accepted: Any, for police purposes
Specific procedure in urgent cases: Depends on the case
[…]”
Bahrain
19 March 2014
“(Article 6 on Extradition and Article 17 on Illicit Trafficking by Sea)
Name of the authority: Ministry of the Interior
Full Postal address: General Directorate of Criminal Investigation, Public Security, Director General, P.O. Box 26698, Adliya, Kingdom of Bahrain
Telephone: 00973 17 718888
Facsimile: 00973 17 716085
Office hours: from 07:00 hrs to 14:00 hrs
Time in GMT: GMT+3 (Asia/Bahrain)
Languages: Arabic and English
Acceptance of requests through the Interpol: Yes”
China
30 November 2012
The Ministry of Foreign Affairs of the People’s Republic of China is designated as the communication authority for cooperation on extradition for the purpose of Article 6 of the Convention.
Address: No. 2 Chao Yang Men Nan Da Jie, Chao Yang District, Beijing, China.
[...]
With regard to Macao Special Administrative Region, the Public Prosecutions Office of Macao Special Administrative Region is designated as the competent authority for cooperation on surrender of fugitive offenders for the purpose of Article 6 of the Convention.
Address: Ala. Carlos Assumpção Dynasty Plaza 7o andar.
Colombia
“[…]
- It is the understanding of Colombia that the transfer of proceedings referred to in article 8 of the Convention will take place in such a way as not to impair the constitutional guarantees of the right of defence. Further, Colombia declares with respect to article 6, paragraph 10, of the Convention that, in the execution of foreign sentences, the provisions of article 35, paragraph 2, of its Political Constitution and other legal and constitutional norms must be observed
[…]”
Cook Islands
24 March 2005
- “(a) Article 6: Extradition
The Cook Islands Extradition Act 2003 provides for the extradition of persons to and from the Cook Islands.
The objects of the Act are to -
(a) codify the law relating to the extradition of persons from the Cook Islands; and
(b) facilitate the making of requests for extradition by the Cook Islands to other countries, and
(c) enable the Cook Islands to carry out its obligations under extradition treaties.
An offense under the Act is an extradition offence if -
(a) it is an offence against a law of the requesting country punishable by death or imprisonment for not less than 12 months or the imposition of a fine of more than $5,000; and
(b) the conduct that constitutes an offence (however described) in the Cook Islands punishable by death or imprisonment for not less than 12 months or the imposition of a fine of more than $5,000.
In determining whether conduct constitutes an offence, regard may be had to only some of the acts and omissions that make up the conduct.
In determining the maximum penalty for an offence for which no statutory penalty is imposed, regard must be had to the level of penalty that can be imposed by any court in the requesting country for the offence.
An offence may be an extradition offence although:
(a) it is an offence against a law of the requesting country relating to taxation, customs duties or other revenue matters, or relating to foreign exchange controls; and
(b) the Cook Islands does not impose a duty, tax, impost or control of that kind.
[…]”
Cuba
23 July 2014
“Article 6
Lic. Claudio Inocente Ramos Borrego
Director de Relaciones Internacionales
Ministerio de Justicia
Calle O, No. 216, entre las calles 23 y 25, Vedado,
Plaza de la Revolución
La Habana, Cuba
Telephone: (537) 838 3448
- (537) 838 3450 to 56 ext. 347
Email: dri@oc.minjus.cu
Language: Spanish
Office hours: 8:00-17:00
GMT: -5
Request by INTERPOL: No
Documents required for Request:
Information on the issuing body, file number or criminal case number, offences committed, persons accused of the offence, description of the acts committed, investigation order, list of the criminal law provisions that criminalize the offences committed, name and function of the official submitting the request.
Formats and channels accepted:
Rogatory Comission, Ministry of Foreign Affairs, Ministry of Justice.
Specific procedure in urgent cases:
This does not exist; there is only a procedure for regular cases.
[…]”
Holy See
“[…]
The Holy See declares that articles 6.6 and 7.15 of the Convention shall be interpreted in light of its legal doctrine and the sources of its law (Vatican City State Law LXXI, of 1 October 2008).
[…]
Iceland
1 March 2012
“... the Government of Iceland notified its designation of authority under the provisions of articles 6, 7 and 17 of the above Convention, as follows:
Ministry of the Interior
Sölvhólsgötu 7
150 Reykjavík
Iceland
Phone: (354) 545-9000
Fax: (354) 552-7340
Email: postur@irr.is
Languages: English, Icelandic
Office hours: 08:30-16:00
GMT: 0
Request by INTERPOL: No.”
Iran (Islamic Republic of)
“The Government of the Islamic Republic of Iran wishes to express reservation to article 6, paragraph 3, of the Convention, since this provision is incompatible with our domestic law.
[…]”
Liechtenstein
29 March 2012
Name of Authority: Ministry of Justice
Full postal address: Haus Risch
Äulestrasse 51
Postfach 684
FL-9490 Vaduz
Name of service to be contacted: Ministry of Justice
Name of person to be contacted: Mr. Harald Oberdorfer
Telephone: 00423/236-6590
Fax: 00423/236-7581
Email: harald.oberdorfer@regierung.li
Office Hours: 08:30 to 16:30
Lunch breaks: from 11:30 to 13:00
GMT: +/- 1
Languages: English, German
Acceptance of requests through INTERPOL: Yes
Information needed for requests to be executed: Letter rogatory (criminal proceedings pending, summary of facts, requested assistance, legal provisions)
Formats and channels accepted: Fax and transmission through Interpol accepted.
22 October 2013
Mag. Harald Oberdorfer
Legal Officer
Office of Justice
Judicial Affairs Division
P.O. Box 684
9490 Vaduz
Principality of Liechtenstein
Phone: +423 236 65 90
Fax: +423 236 75 81
E-Mail: harald.oberdorfer@llv.li
Languages: German, English
Office hours: 08:00-11:30, 13:30-17:00
GMT: +1
Request by Interpol: yes
Nicaragua
31 July 2006
“... the Government of the Republic of Nicaragua has designated the Attorney General of the Republic as the Central Authority in charge of fulfilling that which is stipulated in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988.”
Peru
4 June 2014
Notification under articles 6, 7 and 17:
Authority:
Javier Moscoso Flores
Director General of the Dirección General de Capitanías y Guardacostas, Peru
Email: jorge.moscoso@dicapi.mil.pe.
Philippines
16 January 2015
The Philippine Drug Enforcement Agency would like to request to amend its point of contacts as follows:
Name of the authority: UNDERSECRETARY ARTURO G. CACDAC JR, CESE
Director General
Philippine Drug Enforcement Agency
Postal Address: NIA Northside Road, Barangay Pinyahan
Quezon City
Philippines 1111
Telephone: (+63)29209916
Email: pdeaodg@yahoo.com
Languages: English and Filipino
Office hours: 0800-1700
GMT: +8
Name of the authority: ATTY GIL T. PABILONA
Director
Legal and Prosecution Service
Philippine Drug Enforcement Agency
Postal Address: NIA Northside Road, Barangay Pinyahan
Quezon City
Philippines 1111
Telephone: (+63)29203395
Email: giltpabilona@yahoo.com
Languages: English
Name of the authority: DERRICK ARNOLD C. CARREON, CESE
Director
International Cooperation and Foreign Affairs Service
Philippine Drug Enforcement Agency
Postal Address: NIA Northside Road, Barangay Pinyahan
Quezon City
Philippines 1111
Telephone: (63)29200105
Email: icfaspdea@gmail.com.
Serbia
20 April 2009
“The Permanent Mission of the Republic of Serbia ... has the honour to notify of the Serbian competent authorities for the implementation of the Article 6 (Extradition) and 7 (Mutual Legal Assistance) of the Convention.
The requests shall be addressed to:
Name of Authority: Ministry of Justice of the Republic of Serbia
Full postal address: Ministry of Justice, 22-26 Nemanjina Street, 11000 Belgrade, Republic of Serbia
Name of Service to be contacted: Normative Affairs and International Cooperation Department, Mutual Legal Assistance Sector
Telephone: +381 11 311 14 73; +381 11 311 21 99
Fax: +381 11 311 45 15; +381 11 311 29 09
Office hours: from 08:30 to 16:30
Time zone: GMT 1
Languages English, Russian
In urgent matters the requests may be forwarded through NCB INTERPOL-Belgrade:
Contact: INTERPOL BELGRADE
Full postal address: NCB INTERPOL BELGRADE, Terazije 41,
11000 Belgrade, Republic of Serbia
Telephone: +381 11 33 45 254
Fax: +381 11 33 45 822
Office hours: from 08:30 to 16:30
Permanent service: until 22:00 hours
Time zone: GMT 1
Languages: English, French
Acceptance of requests
Through INTERPOL: YES.
[…]”
Singapore
“With respect to article 6 paragraph 3, the Republic of Singapore declares that it shall not consider the Convention as the legal basis for extradition in respect of any offence to which article 6 applies.
[…]”
Thailand
“Notification under Article 6, 7 (8) and 17 (7)
Name of Authority: Attorney General
Full postal address:
Office of the Attorney General
Rajaburi Direkriddhi Building
Government Complex Chaeng
Wattana Road
Lak Si
Bangkok 10210 Thailand
Telephone: 662-515-4656
Fax: 662-515-5657
Email: inter@ago.go.th
Office Hours: 08:30 to 16:30
Lunch breaks: 12:00 to 13:00
GMT: + 6
Languages: Thai, English
Acceptance of requests through INTERPOL: No
Formats and channels accepted:
[…]
[For extradition:] if the State has and extradition treaty with Thailand, the request shall be transmitted through the Central Authority unless stipulated otherwise. The State having no such treaty shall submit its request through the diplomatic channel.”
Trinidad and Tobago:
“(Article 6 on Extradition and Article 7 on Mutual Legal Assistance):
Head, Central Authority Unit
Ministry of the Attorney General
Cabildo Chambers
23-27 St. Vincent Street
Port of Spain
Trinidad and Tobago
Telephone: (868) 625-6579/(868) 623-7010 extension 2622
Facsimile: (868) 627-9171
Electronic mail: centralauthorit@tstt.net.tt
[…]”
United States of America:
“[…]
- (2) The United States shall not consider this Convention as the legal basis for extradition of citizens to any country with which the United States has no bilateral extradition treaty in force.
[…]”
Venezuela (Bolivarian Republic of)
“1. With respect to article 6: (Extradition)
It is the understanding of the Government of Venezuela that this Convention shall not be considered a legal basis for the extradition of Venezuelan citizens, as provided for in the national legislation in force.
[…]”
Viet Nam
Reservations to article 6 on Extradition, article 32 paragraph 2 and paragraph 3 on Dispute settlement.
GIVEN under my Official Seal,
18 July, 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 2 to the Order in respect of offences under the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The Convention was ratified on behalf of the State on 3 September 1996. The countries listed in Part A of Schedule 2 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 2 lists the reservations and declarations, or parts thereof, made by certain states parties which relate to extradition under the Convention.
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