Einde inhoudsopgave
Verdrag van de Verenigde Naties tegen grensoverschrijdende georganiseerde misdaad
Partijen en gegevens
Geldend
Geldend vanaf 29-09-2003
- Redactionele toelichting
De partijen en gegevens zijn afkomstig van de Verdragenbank (verdragenbank.overheid.nl).
- Bronpublicatie:
15-11-2000, Trb. 2004, 34 (uitgifte: 19-02-2004, kamerstukken/regelingnummer: -)
- Inwerkingtreding
29-09-2003
- Bronpublicatie inwerkingtreding:
15-11-2000, Trb. 2004, 34 (uitgifte: 19-02-2004, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Algemeen
Bronnen
Trb. 2001, 68
Trb. 2004, 34
Trb. 2004, 184
Trb. 2007, 70
Trb. 2010, 286
Partijen
Partij | Datum inwerkingtreding | Voorbehoud |
---|---|---|
Afghanistan | 24-10-2003 | |
Albanië | 29-09-2003 | |
Algerije | 29-09-2003 | |
Andorra | 22-10-2011 | |
Angola | 01-05-2013 | |
Antigua en Barbuda | 29-09-2003 | |
Argentinië | 29-09-2003 | |
Armenië | 29-09-2003 | |
Australië | 26-06-2004 | |
Azerbeidzjan | 29-11-2003 | |
Bahama's | 26-10-2008 | |
Bahrein | 07-07-2004 | |
Bangladesh | 12-08-2011 | |
Barbados | 11-12-2014 | |
Belarus | 29-09-2003 | |
België | 10-09-2004 | |
Belize | 26-10-2003 | |
Benin | 29-09-2004 | |
Bhutan | 22-03-2023 | |
Bolivia | 09-11-2005 | |
Bosnië en Herzegovina | 29-09-2003 | |
Botswana | 29-09-2003 | |
Brazilië | 28-02-2004 | |
Brunei | 24-04-2008 | |
Bulgarije | 29-09-2003 | |
Burkina Faso | 29-09-2003 | |
Burundi | 23-06-2012 | |
Cambodja | 11-01-2006 | |
Canada | 29-09-2003 | |
Centraal Afrikaanse Republiek | 14-10-2004 | |
Chili | 29-12-2004 | |
China | 23-10-2003 | |
Colombia | 03-09-2004 | |
Comoren | 25-10-2003 | |
Democratische Republiek Congo | 27-11-2005 | |
Cookeilanden | 03-04-2004 | |
Costa Rica | 29-09-2003 | |
Cuba | 11-03-2007 | |
Cyprus | 29-09-2003 | |
Denemarken | 30-10-2003 | |
Djibouti | 20-05-2005 | |
Dominica | 16-06-2013 | |
Dominicaanse Republiek | 25-11-2006 | |
Duitsland | 14-07-2006 | |
Ecuador | 29-09-2003 | |
Egypte | 04-04-2004 | |
El Salvador | 17-04-2004 | |
Equatoriaal Guinee | 29-09-2003 | |
Eritrea | 25-10-2014 | |
Estland | 29-09-2003 | |
Eswatini | 24-10-2012 | |
Ethiopië | 22-08-2007 | |
EU (Europese Unie) | 20-06-2004 | |
Fiji | 19-10-2017 | |
Filipijnen | 29-09-2003 | |
Finland | 11-03-2004 | |
Frankrijk | 29-09-2003 | |
Gabon | 14-01-2005 | |
Gambia | 29-09-2003 | |
Georgië | 05-10-2006 | |
Ghana | 20-09-2012 | |
Grenada | 20-06-2004 | |
Griekenland | 10-02-2011 | |
Guatemala | 25-10-2003 | |
Guinee | 09-12-2004 | |
Guinee-Bissau | 10-10-2007 | |
Guyana | 14-10-2004 | |
Haïti | 19-05-2011 | |
Heilige Stoel | 24-02-2012 | |
Honduras | 01-01-2004 | |
Hongarije | 21-01-2007 | |
Ierland | 17-07-2010 | |
IJsland | 12-06-2010 | |
India | 04-06-2011 | |
Indonesië | 20-05-2009 | |
Irak | 16-04-2008 | |
Israël | 26-01-2007 | |
Italië | 01-09-2006 | |
Ivoorkust | 24-11-2012 | |
Jamaica | 29-10-2003 | |
Japan | 10-08-2017 | |
Jemen | 10-03-2010 | |
Jordanië | 21-06-2009 | |
Kaapverdië | 14-08-2004 | |
Kameroen | 08-03-2006 | |
Kazachstan | 30-08-2008 | |
Kenia | 16-07-2004 | |
Kirgistan | 01-11-2003 | |
Kiribati | 15-10-2005 | |
Koeweit | 11-06-2006 | |
Kroatië | 29-09-2003 | |
Laos | 26-10-2003 | |
Lesotho | 24-10-2003 | |
Letland | 29-09-2003 | |
Libanon | 04-11-2005 | |
Liberia | 22-10-2004 | |
Liechtenstein | 21-03-2008 | |
Libië | 18-07-2004 | |
Litouwen | 29-09-2003 | |
Luxemburg | 11-06-2008 | |
Madagaskar | 15-10-2005 | |
Malawi | 16-04-2005 | |
Malediven | 06-03-2013 | |
Maleisië | 24-10-2004 | |
Mali | 29-09-2003 | |
Malta | 24-10-2003 | |
Marokko | 29-09-2003 | |
Marshalleilanden | 05-12-2010 | |
Mauritanië | 21-08-2005 | |
Mauritius | 29-09-2003 | |
Mexico | 29-09-2003 | |
Micronesia | 23-06-2004 | |
Moldavië | 16-10-2005 | |
Monaco | 29-09-2003 | |
Mongolië | 27-07-2008 | |
Montenegro | 03-06-2006 | |
Mozambique | 20-10-2006 | |
Myanmar | 29-04-2004 | |
Namibië | 29-09-2003 | |
Nauru | 11-08-2012 | |
het Koninkrijk der Nederlanden (het Europese deel van Nederland) | 25-06-2004 | |
Nicaragua | 29-09-2003 | |
Nieuw-Zeeland | 29-09-2003 | |
Niger | 30-10-2004 | |
Nigeria | 29-09-2003 | |
Niue | 15-08-2012 | |
Noord-Korea | 17-07-2016 | |
Noord-Macedonië | 11-02-2005 | |
Noorwegen | 23-10-2003 | |
Oekraïne | 20-06-2004 | |
Oezbekistan | 08-01-2004 | |
Oman | 12-06-2005 | |
Oost-Timor | 09-12-2009 | |
Oostenrijk | 23-10-2004 | |
Pakistan | 12-02-2010 | |
Palau | 12-06-2019 | |
Palestina | 01-02-2015 | |
Panama | 17-09-2004 | |
Paraguay | 22-10-2004 | |
Peru | 29-09-2003 | |
Polen | 29-09-2003 | |
Portugal | 09-06-2004 | |
Qatar | 09-04-2008 | |
Roemenië | 29-09-2003 | |
Russische Federatie | 25-06-2004 | |
Rwanda | 26-10-2003 | |
Saint Kitts en Nevis | 20-06-2004 | |
Saint Lucia | 15-08-2013 | |
Saint Vincent en de Grenadines | 28-11-2010 | |
Samoa | 16-01-2015 | |
San Marino | 19-08-2010 | |
Sao Tomé en Principe | 12-05-2006 | |
Saudi-Arabië | 17-02-2005 | |
Senegal | 26-11-2003 | |
Servië | 29-09-2003 | |
Seychellen | 29-09-2003 | |
Sierra Leone | 11-09-2014 | |
Singapore | 27-09-2007 | |
Slovenië | 20-06-2004 | |
Slowakije | 02-01-2004 | |
Soedan | 09-01-2005 | |
Spanje | 29-09-2003 | |
Sri Lanka | 22-10-2006 | |
Suriname | 24-06-2007 | |
Syrië | 08-05-2009 | |
Tadzjikistan | 29-09-2003 | |
Tanzania | 23-06-2006 | |
Thailand | 16-11-2013 | |
Togo | 01-08-2004 | |
Tonga | 02-11-2014 | |
Trinidad en Tobago | 06-12-2007 | |
Tsjaad | 17-09-2009 | |
Tsjechië | 24-10-2013 | |
Tunesië | 29-09-2003 | |
Turkije | 29-09-2003 | |
Turkmenistan | 27-04-2005 | |
Uganda | 08-04-2005 | |
Uruguay | 03-04-2005 | |
Vanuatu | 03-02-2006 | |
Venezuela | 29-09-2003 | |
Verenigd Koninkrijk | 11-03-2006 | |
Verenigde Arabische Emiraten | 06-06-2007 | |
Verenigde Staten van Amerika | 03-12-2005 | |
Vietnam | 08-07-2012 | |
Zambia | 24-05-2005 | |
Zimbabwe | 11-01-2008 | |
Zuid-Afrika | 21-03-2004 | |
Zuid-Korea | 05-12-2015 | |
Zuid-Sudan | 19-11-2023 | |
Zweden | 30-05-2004 | |
Zwitserland | 26-11-2006 |
Voorbehouden, verklaringen en bezwaren
1 | Ondertekening door Egypte onder het volgende voorbehoud: The Arab Republic of Egypt declares that it does not consider itself bound by article 35, paragraph 2, thereof. . |
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2 | Ratificatie door Algerije onder het volgende voorbehoud: Reservation: The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 35, paragraph 2, of this Convention, which provide that any dispute between two or more States concerning the interpretation or application of this Convention that has not been settled by negotiation shall be submitted to arbitration or to the International Court of Justice at the request of any of the parties thereto. ’ |
3 | Ratificatie door Algerije onder de volgende verklaringen: The Government of the People's Democratie Republic of Algeria considers that no dispute of such nature must be submitted to arbitration or to the International Court of Justice without the consent of all the parties to the dispute. Declaration: The ratification of this Convention by the People's Democratic Republic of Algeria does not in any way signify recognition of Israel. The present ratification does not entail the establishment of relations of any kind with Israel. . |
4 | Ratificatie door Armenië onder de volgende verklaringen: Pursuant to paragraph 3 of Article 5 of the United Nations Convention against Transnational Organized Crime, adopted in New York on the 15th day of November 2000 (hereinafter referred as to Convention) the Republic of Armenia declares that its Criminal Code (chapter 7, in particular Article 41 of the Code) covers all serious crimes involving organized criminal groups provided in paragraph 1 (a) (i) of Article 5 of the Convention. Pursuant to paragraph 5 of Article 16 of the Convention the Republic of Armenia declares that it will take the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention. However, at the same time the Republic of Armenia declares that it shall apply the Convention in relations with the States Parties of the European Convention on Extradition, done at Paris, on 13th day of December 1957, provided that the Convention supplements and facilitates the application of the provisions of the European Convention on Extradition. Pursuant to paragraph 13 of Article 18 of the Convention the Republic of Armenia designates the following central authorities to receive the requests for mutual legal assistance:
Pursuant to paragraph 14 Article 18 of the Convention the Republic of Armenia declares that the acceptable languages are Armenian, English or Russian. . Armenië heeft op 26-03-2012 de volgende verklaring afgelegd: […] updated data of the national competent authority designated under the United Nations Convention against Transnational Organized Crime. Name of Authority: Police of the Republic of Armenia Full postal address: str. Nalbandyan 130, Yerevan 0025 Name of service to be contacted: International Cooperation Department Name of person to be contacted: Ms. Armine Gevorgyan Title: Police Lieutenant-Colonel, Senior Inspector for Special Tasks Telephone: +374 10 561 237 Fax: +374 10 544 648 Email: armushgevorgyan@yahoo.com Office Hours: 09:00 to 18:00 Lunch breaks: from 13:00 to 14:00 GMT: +4 Languages: English, Russian Acceptance of requests through INTERPOL: Yes Formats and channels accepted: Any, for police purposes only Specific procedure in urgent cases: Depends on the case. . |
5 | Ratificatie door Azerbaijan (Azerbeidzjan) onder de volgende verklaringen: Declaration: The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation. Reservation: In accordance with paragraph 3 of Article 35 of the Convention, the Republic of Azerbaijan declares that it does not consider itself bound by the provision of paragraph 2 of Article 35. In accordance with paragraph 5 of Article 16 of the Convention, the Republic of Azerbaijan declares that it will use the Convention as the legal basis for cooperation on extradition with other States- Parties to the Convention. In accordance with paragraph 13 of Article 18 of the Convention, the Republic of Azerbaijan declares that the Ministry of Justice of the Republic of Azerbaijan is designated as the central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. In accordance with paragraph 14 of Article 18 of the Convention, the Republic of Azerbaijan declares that the requests and supporting documents should be submitted in Russian or English as the UN official languages, and should be accompanied by a translation in Azeri. In accordance with paragraph 6 of Article 31 of the Convention, the Republic of Azerbaijan declares that the following authority can assist other States Parties in developing measures to prevent transnational organized crime: Ministry of Internal Affairs of the Republic of Azerbaijan H. Hajiev st. 7, Baky, Azerbaijan. ’ |
6 | Ratificatie door Azerbaijan (Azerbeidzjan) onder het volgende voorbehoud: In accordance with paragraph 3 of Article 35 of the Convention, the Republic of Azerbaijan declares that it does not consider itself bound by the provision of paragraph 2 of Article 35. . |
7 | Ratificatie door Belarus onder de volgende verklaringen: The Republic of Belarus understands the implementation of the provisions of Article 10 of the Convention to the degree that will not contradict its national legislation. The Republic of Belarus in accordance with Article 16 of the Convention will use the Convention as a basis for cooperation on the issues of extradition with other states — members of the Convention. . |
8 | Ratificatie door Botswana onder de volgende verklaringen: The Government of the Republic of Botswana hereby notified the Secretary-General of the United Nations that pursuant to:
. |
9 | Ratificatie door China onder het volgende voorbehoud: The People's Republic of China makes a reservation with regard to Article 35, paragraph 2 of the Convention and is not bound by the provisions of Article 35, paragraph 2. ’ |
10 | Ratificatie door China onder de volgende verklaring: In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and after consultation with the Government of the Hong Kong Special Administrative Region (hereinafter as HKSAR), the application of the Convention to the HKSAR requires prior enactment of domestic legislation by the HKSAR. To this end, the Convention shall not apply to the HKSAR until the Government of the People's Republic of China notifies otherwise. . Toepasselijkverklaring door China voor Macau SAR vanaf 23-10-2003 onder de volgende verklaring: In accordance with the Basic Law of the Macao Special Administrative Region of the People's Republic of China and after consultation with the Government of the Macao Special Administrative Region (hereinafter as MSAR), the Government of the People's Republic of China decides that the Convention shall apply to the MSAR and states for the MSAR as follows:
. Toepasselijkverklaring door China voor Hong Kong vanaf 27-09-2006 onder de volgende verklaring: In accordance with the provisions of paragraph 13 of Article 18 of the Convention and for the application of the Convention to the HKSAR, the HKSAR designates the Secretary for Justice of the Department of Justice of the HKSAR as the Central Authority. (Address: 47/F High Block, Queensway Government Offices, 66 Queensway, Hong Kong). In accordance with the provisions of paragraph 14 of Article 18 of the Convention, Chinese or English is the only language acceptable to the HKSAR for the written requests for legal assistance. . |
11 | Ratificatie door Denemarken onder de volgende verklaringen: With a territorial exclusion in respect of the Faroe Islands and Greenland. In accordance with Article 18 (13) of the Convention Denmark declares that the central authority in Denmark competent to receive requests for mutual legal assistance is the Ministry of Justice. The address is: Justitsministeriet, Det Internationale Kontor, Slotsholmsgade 10, DK-1216 Copenhagen K, tel. +45 33 92 33 40, fax +45 33 93 35 10, email: jm@jm.dk In accordance with Article 18 (14) of the Convention Denmark declares that it will accept requests in the following languages: Danish, Swedish Norwegian, English, French and German. . |
12 | Ratificatie door Ecuador onder de volgende verklaring: For the purposes of the United Nations Convention against Transnational Organized Crime, the Government of Ecuador designates the Office of the Public Prosecutor as the central Ecuadorian authority [in accordance with article 18, paragraph 13]. |
13 | Ratificatie door Ecuador onder de volgende voorbehouden: Reservation: With regard to article 10 of the United Nations Convention against Transnational Organized Crime, the Government of Ecuador points out that the concept of criminal liability of legal persons is not at the moment embodied in Ecuadorian legislation. When legislation progresses in this area, this reservation will be withdrawn. Exercising the powers referred to in article 35, paragraph 3, of the Convention, the Government of Ecuador makes a reservation with regard to article 35, paragraph 2, relating to the settlement of disputes. . |
14 | Ratificatie door Estland onder de volgende verklaringen: … the Riigikogu of the Republic of Estonia, while ratifying the Convention, made the following declarations:
. |
15 | Bekrachtiging door Letland onder de volgende verklaringen: In accordance with paragraph 3 of Article 5 of the United Nations Convention against Transnational Organized Crime, adopted at New York on the 15th day of November 2000, the Republic of Latvia declares that its domestic law requires an act in furtherance of the agreement for purposes of the offences established in accordance with paragraph 1 (a) (i) of Article 5. In accordance with paragraph 5 of Article 16 of the United Nations Convention against Transnational Organized Crime, adopted at New York on the 15th day of November 2000, the Republic of Latvia declares that it takes the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention. In accordance with paragraph 13 of Article 18 of the United Nations Convention against Transnational Organized Crime, adopted at New York on the 15th day of November 2000, the Republic of Latvia declares that the designated authorities are:
In accordance with paragraph 14 of Article 18 of the United Nations Convention against Transnational Organized Crime, adopted at New York on the 15th day of November 2000, the Republic of Latvia declares that the acceptable language is English or Latvian. . |
16 | Ratificatie door Lesotho onder de volgende verklaringen:
|
17 | Ratificatie door Litouwen onder de volgende verklaringen: …according to paragraph 6 of Article 13 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania shall consider the Convention the necessary and sufficient treaty basis for the taking of the measures referred to in paragraphs 1 and 2 of Article 13 of this Convention; … pursuant to paragraph 5 (a) of Article 16 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania shall consider this Convention a legal basis for cooperation on extradition with other States Parties to the Convention; however, the Republic of Lithuania in no case shall consider the Convention a legal basis for the extradition of Lithuanian nationals, as it is stipulated in the Constitution of the Republic of Lithuania; … pursuant to paragraph 13 of Article 18 of the Convention, the Seimas of the Republic of Lithuania declares that the Ministry of Justice of the Republic of Lithuania and the Prosecutor General's Office under the Supreme Court of the Republic of Lithuania shall be designated as central authorities to receive requests for mutual legal assistance; … pursuant to paragraph 14 of Article 18 of the Convention, the Seimas of the Republic of Lithuania declares that requests for legal assistance and documents pertaining thereto, which shall be submitted to the Republic of Lithuania, should be accompanied by respective translations into English, Russian or Lithuanian, in case the aforementioned documents are not in one of these languages; …pursuant to paragraph 3 of Article 35 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania shall not consider itself bound by the provisions of paragraph 2 of Article 35, stipulating that any disputes concerning the interpretation or application of the Convention shall be referred to the International Court of Justice. |
18 | Malta heeft op 11-12-2003 de volgende verklaringen afgelegd: … the Government of Malta wishes to enter the following declarations: Pursuant to Article 16, paragraph 5 of the Convention, Malta declares that it will take the United Nations Convention against Transnational Organized Crime as the legal basis for cooperation on extradition with other States Parties to the Convention. Pursuant to Article 18, paragraph 13 of the Convention Malta designates the Attorney General of Malta as the central authority to receive requests for mutual assistance. Pursuant to Article 18, paragraph 14 of the Convention, Malta declares that the acceptable languages are Maltese and English. |
19 | Ratificatie door Mauritius onder de volgende verklaringen: The Government of the Republic of Mauritius shall take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention; and further declares that the central authority designated for the purpose of article [18], paragraph 13 of the aforesaid Convention is the Attorney-General's Office and the languages acceptable to the Republic of Mauritius for the purposes of article [18], paragraph 14 are English and French. |
20 | Ratificatie door Mexico onder de volgende verklaringen: Article 5 (3) — The United Mexican States wishes to state that in criminalizing the offences defined in accordance with article 5, paragraph 1 (a) (i), the domestic law of the Mexican State covers all serious crimes involving the participation of an organized criminal group. The criminalization of an agreement with one or more other persons to commit a serious crime for a purpose relating directly or indirectly to the obtaining of a financial or other material benefit involves the participation of an organized criminal group in the offence of organized crime provided for in article 2 of the Federal Act to Combat Organized Crime, insofar as it is relevant to the crimes to which the said article refers. The offence of criminal association, provided for in article 164 of the Federal Criminal Code, is applicable insofar as it is relevant to the other serious crimes to which the Convention refers. Article 16, paragraph 5 (a) — The Mexican State shall consider the Convention as the legal basis of cooperation in extradition matters in respect of those States parties with which it has not concluded treaties in the matter. Article 18, paragraph 13 — The Office of the Attorney-General of the Republic is designated as the central authority in matters of mutual legal assistance. Article 18, paragraph 14 — Requests for judicial assistance shall be submitted in the Spanish language. Requests may also be submitted in the language of the requesting State, provided that they are accompanied by a translation into Spanish. |
21 | Ratificatie door Nieuw-Zeeland onder de volgende verklaringen: … declares pursuant to Article 18 (13) of the Convention that the Attorney General of New Zealand is designated by the Government of New Zealand as the Central Authority that shall have the responsibility and power to receive requests for mutual legal assistance; and declares pursuant to Article 18 (14) of the Convention that English is designated by the Government of New Zealand as the acceptable language in which to make requests for mutual legal assistance. … consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory… |
22 | Ratificatie door Noorwegen onder de volgende verklaringen: Article 5 of the Palermo Convention has been implemented in Norwegian law through Section 162 c of the Penal Code, which reads as follows: Any person who enters into an agreement with another person to commit an act that is punishable by imprisonment for a term of not less than three years, and that is to be committed as a step in the activity of an organized criminal group, shall be liable to imprisonment for a term not exceeding three years unless the offence comes under a more severe penal provision. An increase of the maximum penalty in the case of a repeated offence or a concurrence of felonies is not to be taken into account. An organized criminal group is here defined as an organized group of three or more persons whose main purpose is to commit an act that is punishable by imprisonment for a term of not less than three years, or whose activity largely consists of committing such acts. Under Article 5 (3) of the Palermo Convention, States Parties are to inform the Secretary-General when the national legislation implementing Article 5 requires 1) ’involvement of an organized criminal group’ or 2) that ’an act in furtherance of the agreement’ has taken place.
Communications concerning mutual assistance in criminal matters are to be addressed to the Department of Civil Affairs, Ministry of Justice, as the competent authority in Norway. Communications concerning legal aid may be made in the Norwegian, Swedish, Danish and English languages. The Norwegian agency responsible for receiving requests from other States Parties for assistance in developing measures to prevent transnational crime is the Police Department, Ministry of Justice. |
23 | Ratificatie door Oezbekistan onder het volgende voorbehoud: The Republic of Uzbekistan does not consider itself bound by the provisions of paragraph 2 of article 35 of this Convention. |
24 | Ratificatie door Oezbekistan onder de volgende verklaringen: Communication concerning article 2, paragraph (a), of the Convention Under article 29, section 4, of the Criminal Code of the Republic of Uzbekistan, approved by the Act of 22 September 1994, a group of two or more persons constituted in advance for the purpose of joint criminal activity is considered an organized group. Communication concerning article 2, paragraph (b), of the Convention Under article 15 of the Criminal Code of the Republic of Uzbekistan, offences are subdivided, according to their nature and the degree of danger they pose to society, into: offences that do not pose a great danger to society, less grave, grave and especially grave offences. Offences that do not pose a great danger to society are premeditated offences punishable by deprivation of liberty for not more than three years and offences committed through negligence and punishable by deprivation of liberty for not more than five years. Less grave offences are premeditated offences punishable by deprivation of liberty for more than three years but not exceeding five years and offences committed through negligence and punishable by deprivation of liberty for more than five years. Grave offences are premeditated offences punishable by deprivation of liberty for more than 5 years but not exceeding 10 years. Especially grave offences are premeditated offences punishable by deprivation of liberty for more than 10 years or the death penalty. Communication concerning article 2, paragraph (g), of the Convention Pursuant to the Act of the Republic of Uzbekistan of 29 August 2001, confiscation of property as a form of punishment has been removed from the Criminal Code. Article 284 of the Code of Criminal Procedure of the Republic of Uzbekistan provides that property that is the object of a crime shall, on the judgement of a court, become State property, unless it is subject to return to the former owner. Communication concerning article 5, paragraph 3, of the Convention The Republic of Uzbekistan communicates hereby that, under the Criminal Code of the Republic of Uzbekistan, offences committed by organized groups or for their benefit are categorized as grave or especially grave offences, depending on their defining elements and on the form of punishment for the separate types of offence. Communication concerning article 7 of the Convention Under article 38 of the Act of the Republic of Uzbekistan of 25 April 1996 on banks and bank activities, information on transactions by and accounts belonging to natural and legal persons may be transmitted to the clients and organizations themselves, to the procurator, and to courts and bodies conducting initial inquiries and investigations:
Communication concerning article 10 of the Convention The legislation of the Republic of Uzbekistan does not provide for criminal or administrative liability in respect of legal persons. Communication concerning article 16, paragraph 5, of the Convention The Republic of Uzbekistan regards this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. However, this provision shall not preclude the Republic of Uzbekistan from concluding bilateral treaties on extradition with individual States Parties to this Convention. Notification concerning article 18, paragraphs 13 and 14, of the Convention Concerning paragraph 13 The Republic of Uzbekistan has designated the Office of the Procurator General of the Republic of Uzbekistan as the central authority with responsibility for receiving requests for mutual legal assistance and either executing them or transmitting them to the competent authorities for execution. Concerning paragraph 14 The Republic of Uzbekistan designates the Russian language as the language acceptable to it. |
25 | Bekrachtiging door Polen onder de volgende verklaringen: Pursuant to article 18, paragraph 13 the Republic of Poland declares that the Ministry of Justice is designated as the central authority competent to receive requests for mutual legal assistance. The Republic of Poland declares that Polish and English shall be the languages acceptable pursuant to article 18, paragraph 14. . Polen heeft op 26-06-2009 de volgende verklaring afgelegd: With reference to Article 31 paragraph 6 of the United Nations Convention against Transnational Organized Crime, the Republic of Poland hereby declares that the authority that may assist other States Parties in developing measures to prevent transnational organized crime is: National Prosecutor's Office; Bureau for Organized Crime Address: ul. Barska 28/30 02-315 Warsaw, Poland Tel.: 00 48 22 31 89 700 Fax: 00 48 22 31 89 701. . |
26 | Ratificatie door Roemenië onder de volgende verklaringen:
. |
27 | Ratificatie door Slowakije onder de volgende verklaringen: Pursuant to Article 6, paragraph 2 (d) and Article 13, paragraph 5 the appropriate authority which will furnish copies of the laws and regulations of the Slovak Republic that give effect to these paragraphs and of any subsequent changes to such laws and regulations or a description thereof to the Secretary General of the United Nations is the Ministry of Justice of the Slovak Republic. Pursuant to Article 18, paragraph 13 the Slovak Republic designates the following central authorities to receive requests for mutual legal assistance:
Pursuant to Article 31, paragraph 6 the authority that can assist other States Parties in developing measures to prevent transnational organized crime is the Ministry of Interior of the Slovak Republic. . |
28 | Ratificatie door Tunesië onder het volgende voorbehoud: In ratifying the United Nations Convention against Transnational Organized Crime, adopted by the United Nations General Assembly on 15 November 2000, the Tunisian Government declares that it does not consider itself bound by the provisions of article 35, paragraph 2, of the Convention and emphasizes that disputes over the interpretation or application of this Convention may not be submitted to the International Court of Justice unless there is agreement in principle among all the parties concerned. . |
29 | Venezuela heeft op 19-12-2003 de volgende verklaringen afgelegd: Pursuant to the provisions of article 5, paragraph 3 of the United Nations Convention against Transnational Organized Crime, the Government of the Bolivarian Republic of Venezuela declares the following: With respect to national laws governing the offences described in article 5, paragraph 1 (a)(i), Venezuelan law typifies and penalizes such offences under articles 287 to 293 of the current Penal Code referring to the offence of forming an organized criminal group. Pursuant to article 16, paragraph 5, the Bolivarian Republic of Venezuela declares: The United Nations Convention against Transnational Organized Crime shall be taken as the legal basis for cooperation on extradition in relations between the Bolivarian Republic of Venezuela and other States Parties to the Convention. Pursuant to article 18, paragraph 13, the Bolivarian Republic of Venezuela declares: The central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution shall be the Public Prosecutor's Office, in accordance with the powers conferred upon the said institution by the Act for partial reform of the Code of Criminal Procedure. Pursuant to article 18, paragraph 14, the Bolivarian Republic of Venezuela declares: Requests for mutual legal assistance in criminal matters made to the Government of the Bolivarian Republic of Venezuela shall be written in Spanish, in accordance with Venezuelan constitutional and legal provisions. . |
30 | Toetreding door Belize onder het volgende voorbehoud: The Government of Belize does not consider itself bound by the provisions of article 35, paragraph 2, of this Convention, which provide that any dispute between two or more States concerning the interpretation or application of this Convention that has not been settled by negotiation shall be submitted to arbitration or to the International Court of Justice at the request of any of the parties thereto. ’ |
31 | Toetreding door Belize onder de volgende verklaringen: The Government of Belize declares that it shall take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. The Government of Belize further declares that the central authority designated for the purpose of article 18, paragraph 13 of the aforesaid Convention is the Attorney-General's Office and the language acceptable to Belize for the purposes of article 18, paragraph 14 is English. . |
32 | Toetreding door Laos onder het volgende voorbehoud: In accordance with paragraph 3, Article 35 of the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 35 of the present Convention. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Convention to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute is necessary. . |
33 | Toetreding door Laos onder de volgende verklaring: In accordance with paragraph 5(a), Article 16 of the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not take this Convention as the legal basic for cooperation on extradition with other States Parties to this Convention. In accordance with paragraph 13, Article 18, the Government of the Lao People's Democratic Republic designates the Ministry of Public Security as central authority and the Ministry of Foreign Affairs as alternate central authority that have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. In accordance with paragraph 14, Article 18, in addition to the Lao language, English is acceptable to the Government of the Lao People's Democratic Republic. . |
34 | Ratificatie door El Salvador onder het volgende voorbehoud: With regard to article 35, paragraph 3, of the said Convention, the Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of the said article because it does not recognize the compulsory jurisdiction of the International Court of Justice. ’ |
35 | Ratificatie door El Salvador onder de volgende verklaring: The Government of the Republic of El Salvador recognizes the extradition of nationals on the basis of article 28, second and third subparagraphs, of the Constitution of the Republic, which states as follows: ‘Extradition shall be governed by international treaties and, where Salvadorans are involved, shall be in order only where a treaty expressly so stipulates and has been approved by the legislative bodies of the signatory countries. In any event, its stipulations shall embody the principle of reciprocity and shall grant to all Salvadorans all of the penal and procedural guarantees that are set forth in this Constitution.’ ‘Extradition shall be in order only where the offence has been committed within the territorial jurisdiction of the requesting country, except where offences of international reach are involved. Under no circumstances may extradition be stipulated for political offences, even where common crimes are the result of such offences,’ advising further that the said Convention shall not be considered to be the legal basis of cooperation on extradition in its relations with other States parties thereto, and that it shall nonetheless endeavour, where necessary, to conclude extradition treaties with other States parties to the Convention. With regard to article 18, paragraphs 13 and 14, the Government of the Republic of El Salvador states that the designated central authority is the Ministry of the Interior. Communications shall be transmitted through the diplomatic channel, and the acceptable language is Spanish. |
36 | Ratificatie door de Europese Gemeenschap (Europese Unie (EU)) onder de volgende verklaringen: Article 36 (3) of the United Nations Convention against transnational organised crime provides that the instrument of ratification, acceptance or approval of a regional economic integration organisation shall contain a declaration on the extent of its competence.
De Europese Unie heeft op 05-10-2022 de volgende verklaring afgelegd: This information concerns the modifications to the competences of the European Union (‘EU’ or ‘Union’) with regard to matters governed by the United Nations Convention against Transnational Organised Crime (UNTOC) and the Protocols thereto since the entry into force of the Treaty of Lisbon. With the entry into force of the Treaty of Lisbon, the powers of the European Union that succeeded the European Community have changed. This change creates the legal obligation to inform the depositary of the new competences and to specify the scope and extent of the EC (now EU) competences, pursuant to Article 36(3) UNTOC, Article 21(3) of the Protocol against Migrant Smuggling, and Article 16(3) of the Protocol against Trafficking in Persons. The information contained below supplements the information contained in the notification of 8 March 2010 to the Secretary-General of the United Nations, in his capacity as depositary of the UN conventions. Notably, the UNTOC and its Protocols are mixed competence agreements. They contain provisions that fall both within exclusive competence of the EU and within shared competence jointly together with EU Member States. The EU acquired new competences under Title V of the Treaty of the Functioning of the European Union (Articles 82 and 83 TFEU). These new competences comprise important aspects of judicial cooperation in criminal matters (including mutual recognition of judicial decisions between EU Member States) and of police cooperation (Articles 87(2) and (3), and 89 TFEU). As regards substantive criminal law, competences under Article 83(1) TFEU extend to particularly serious crime with a cross-border dimension, including terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime. The EU has exercised its competence by legislating in most of these policy areas, but also other policy areas that are relevant to the Convention and its Protocols, including in relation to smuggling of migrants, environmental crimes and the freezing and confiscation of assets. Furthermore, the EU has established bodies responsible for investigating, prosecuting crimes against the Union’s financial interests. The Union notes that it has also competence to counter fraud and any other illegal activities affecting the financial interests of the Union (Article 325 of the Treaty on the Functioning of the European Union, and in relation to criminal matters, Article 83(2) TFEU), including in questions relating to anti-corruption. It has exercised its competence in this area, notably with the establishment of the European Anti-Fraud Office, and the adoption of detailed rules on aspects of the fight against illegal activities affecting the financial interests of the Union. The Union has also acquired the competence to establish the European Public Prosecutor’s Office (EPPO) (Article 86 TFEU). Established with Regulation (EU) 2017/1939, the EPPO is competent to investigate, prosecute and bring to judgment the perpetrators of, and accomplices to, criminal offences affecting the Union’s financial interests, notably money laundering involving property derived from such offences, fraud affecting the Union’s financial interests, corruption that damages or is likely to damage the Union’s financial interests, and misappropriation that damages such interests. The EPPO is also competent for offences regarding participation in a criminal organisation as defined in Framework Decision 2008/841/JHA, as implemented in national law, if the focus of the criminal activity of such a criminal organisation is to commit any of the above-mentioned offences affecting the Union’s financial interests. In the areas mentioned above, it is for the Union alone to enter into international agreements with other countries or competent international organisations if such undertakings were to affect common rules or alter their scope. In the sphere of development cooperation, the European Union has competence to carry out activities and conduct a common policy. This includes support to partner countries in the ratification and implementation of the United Nations Convention against Transnational Organised Crime (UNTOC) and the use of provisions to combat cross-border crime in agreements with partner countries. The exercise of this competence shall not prevent Member States from exercising their competences. The Union’s development cooperation policy and that of the Member States complement and reinforce each other. |
37 | Ratificatie door het Koninkrijk der Nederlanden (voor Nederland) onder de volgende verklaring: With reference to Article 16, paragraph 5, under a), of the Convention against Transnational Organized Crime, done at New York on 15 November 2000, the Kingdom of the Netherlands declares that it will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. |
38 | Ratificatie door Oekraïne onder de volgende voorbehouden en verklaringen: to the paragraph 6 of Article 13: The Convention shall be applied only subject to the observation of the constitutional principles and fundamental basis of the legal system of Ukraine; to the paragraph b of Article 2: The term ‘serious crime’ corresponds to the terms ‘grave crime’ and ‘especially grave crime’ in the Ukrainian criminal law. Grave crime means the crime for which the law provides such type of punishment as imprisonment for at least five years and not exceeding ten years (paragraph 4 of Article 12 of the Criminal Code of Ukraine), and especially grave crime means crime for which the law provides such type of punishment as imprisonment for more than ten years or life imprisonment (paragraph 5 of Article 12 of the Criminal Code of Ukraine); to the paragraph 5 (a) of Article 16: Ukraine declares that the Convention constitutes the legal ground for cooperation in the matters of extradition if a request for extradition is received from the State Party to the Convention with which there is no treaty on extradition; to the paragraph 13 of Article 18: Central authorities in Ukraine, designated in accordance with the paragraph 13 of Article 18, are the Ministry of Justice of Ukraine (with respect to judicial decisions) and the Office of the Prosecutor-General of Ukraine (with respect to legal proceedings during the investigation of criminal cases); to the paragraph 14 of Article 18: Requests for legal assistance and documents attached therein will be sent to Ukraine together with their authenticated translation in Ukrainian, Russian, English or French, if they have not been drawn up in one of these languages. to the paragraph 3 of Article 26: Provisions of paragraph 3 shall not be applied to the organizer or leader of criminal group in respect of granting immunity from criminal prosecution. In accordance with the legislation of Ukraine (paragraph two of Article 255 of the Criminal Code of Ukraine) the above persons bear criminal responsibility notwithstanding the grounds provided for in the Article 26 of the Convention. Oekraïne heeft op 20-10-2015 de volgende verklaring afgelegd: In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law. The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol. In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above [Convention], as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed. Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation. The provisions of the [Convention] regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The procedure of the relevant communication is determined by the central authorities of Ukraine in Kyiv. Oekraïne heeft op 04-03-2022 de volgende verklaring afgelegd: … Ukraine … is unable to guarantee full implementation of its obligations [under the above Convention] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine. Oekraïne heeft op 20-11-2023 de volgende verklaring afgelegd: [The aforementioned treaty is] implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine. The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is at the link below: |
39 | Ratificatie door de Russische Federatie onder de volgende verklaringen: The Russian Federation, in accordance with article 13, paragraph 6 of the Convention declares that, on the basis of reciprocity, it will consider the Convention the necessary and sufficient treaty basis for the taking of the measures referred to in article 13, paragraphs 1 and 2 of the Convention; The Russian Federation shall have jurisdiction over the offences established in accordance with articles 5, 6, 8 and 23 of the Convention in the cases envisaged in article 15, paragraphs 1 and 3 of the Convention; The Russian Federation considers that the provisions of article 16, paragraph 14 of the Convention must be applied in such a way as to ensure the inevitability of responsibility for the commission of offences falling within the purview of the Convention, without detriment to the effectiveness of international cooperation in the areas of extradition and legal assistance; The Russian Federation, on the basis of article 18, paragraph 7 of the Convention, declares that, on the basis of reciprocity, it will apply article 18, paragraphs 9 to 29 instead of the relevant provisions of any treaty of the mutual legal assistance concluded by the Russian Federation with another State Party to the Convention, if, in the view of the central authority of the Russian Federation, that will facilitate cooperation; The Russian Federation declares that, in accordance with article 27, paragraph 2 of the Convention, it will consider the Convention as the basis for mutual law enforcement cooperation in respect of the offences covered by the Convention, on condition that such cooperation does not include the conduct of investigatory or other procedural actions in the territory of the Russian Federation. The Russian Federation, in accordance with article 16, paragraph 5 (a) of the Convention, declares that, on the basis of reciprocity, it will take the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention; The Russian Federation, on the basis of the last sentence of article 18, paragraph 13 of the Convention declares that, on the basis of reciprocity, and in urgent circumstances, it will receive requests for mutual legal assistance and communications through the International Criminal Police Organization, on condition that documents containing such requests or communications are transmitted without delay under the established procedure; The Russian Federation, in accordance with article 18, paragraph 14 of the Convention, declares that requests for legal assistance and related materials transmitted to the Russian Federation must be accompanied by a translation into Russian, unless otherwise provided by international treaty of the Russian Federation, or unless agreement has otherwise been reached between the central authority of the Russian Federation and the central authority of the other State Party to the Convention. . |
40 | Ratificatie door Slovenië onder de volgende verklaringen: Pursuant to Article 16, Paragraph 5 (a) of the Convention, the Republic of Slovenia declares that it will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. In the absence of an international agreement or any other arrangement regulating extradition between the Republic of Slovenia and another State Party to this Convention, the Republic of Slovenia will require documents relating to extradition in compliance with its domestic law. Pursuant to Article 18, Paragraph 13 of the Convention, the Republic of Slovenia declares that the central authority for the implementation of the Convention shall be the Ministry of Justice of the Republic of Slovenia. In compliance with Article 18, Paragraph 14 of the Convention, the Republic of Slovenia declares that requests and attachments thereto addressed to the central authority of the Republic of Slovenia should be in the Slovenian language or a translation into Slovenian should be attached thereto. Should it be impossible to provide translation into the Slovenian language, requests and attachments should be in the English language or a translation into English should be enclosed. . |
41 | Ratificatie door Zuid-Afrika onder het volgende voorbehoud: And whereas pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article 35 (2) of the Convention which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Convention. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case. . |
42 | Ratificatie door Zuid-Afrika onder de volgende verklaringen: And whereas the Secretary-General is hereby notified, in accordance with Article 18 (13) of the Convention that the Director-General of the Department of Justice and Constitutional Development has been designated as the central authority to receive requests for mutual legal assistance. And whereas the Secretary-General is hereby notified, as provided for in Article 18 (14) of the Convention, that English is the acceptable language for receiving requests for mutual legal assistance. . |
43 | Ratificatie door Zweden onder de volgende verklaringen: Pursuant to Article 18 (13) of the Convention, the central authority in Sweden competent to receive requests for mutual assistance is the Ministry of Justice. Pursuant to Article 18 (14) of the Convention, a request together with the appendices shall be translated into Swedish, Danish or Norwegian, unless the authority dealing with the application otherwise allows in the individual case. Zweden heeft op 20-12-2013 de volgende verklaring afgelegd: The following addition shall be made to the present declaration on Article 18.13: Regarding requests for service of documents under Article 18.13 (b), County Administrative Board of Stockholm is the central authority. |
44 | Toetreding door Bahrein onder het volgende voorbehoud: … the Kingdom of Bahrain does not consider itself bound by paragraph 2 of article 35 of the Convention. . |
45 | Toetreding door de Cook-eilanden onder de volgende verklaringen: In accordance with the provisions of article 18, paragraph 13, of the United Nations Convention against Transnational Organized Crime, the Government of the Cook Islands declares that the Attorney General of the Cook Islands is designated by the Government of the Cook Islands as the Central Authority that shall have the responsibility and power to receive requests for mutual legal assistance. And pursuant to article 18, paragraph 14, of the United Nations Convention against Transnational Organized Crime, that the English language is designated by the Government of the Cook Islands as the acceptable language in which to make requests for mutual legal assistance. . |
46 | Toetreding door Micronesia onder het volgende voorbehoud: … with a reservation that the FSM Government shall not consider itself bound by article 35, paragraph 2, of the Convention; … . |
47 | Toetreding door Myanmar onder de volgende voorbehouden: The Government of the Union of Myanmar wishes to express reservations on Article 16 relating to extradition and does not consider itself bound by the same. The Government further wishes to make a reservation on Article 35 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Convention to the International Court of Justice. . Myanmar heeft op 17-09-2012 de volgende verklaring afgelegd: Withdrawal of reservation to article 16 of the Convention. . |
48 | Ratificatie door Finland onder de volgende verklaringen: Pursuant to Article 18 (13), the Republic of Finland declares that the Ministry of Justice is the central authority competent to receive, execute or transmit requests for mutual legal assistance. Pursuant to Article 18 (14), the Republic of Finland declares that Finland accepts documents which are in Finnish, Swedish, Danish, English, French or German laguages. . |
49 | Australië heeft op 02-07-2004 de volgende verklaring afgelegd: Australia has the additional honour to note that, under article 5 (3) of the United Nations Convention against Transnational Organised Crime, Australia is required to inform the Secretary General of the United Nations if its law operates in a way that is covered by the paragraph. In accordance with that obligation, the Permanent Mission of Australia is pleased to advise that Australia's law does require an act of furtherance of the Agreement for the conspiracy offence to be made out. The Permanent Mission of Australia is also pleased to advise that the appropriate Australian authority to contact for the purposes of articles 18 and 31 of the United Nations Convention against Transnational Organised Crime is: The Attorney-General's Department (Assistant Secretary, International Crime Branch) Robert Garran Offices National Circuit BARTON ACT 2602 AUSTRALIA Australia further notes that Australia is not required to make a notification under article 16 (5) of the United Nations Convention against Transnational Organised Crime as Australian extradition law does not operate in the manner covered by this article. . |
50 | Ratificatie door Maleisië onder de volgende verklaringen:
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51 | Ratificatie door Paraguay onder de volgende verklaringen: …, in accordance with article 16, paragraph 5 (a) of the Convention, I hereby inform you that the Republic of Paraguay will take the aforementioned Convention as the legal basis for cooperation on extradition with other States Parties to the Convention. …, in accordance with article 18, paragraph 13, of the Convention, I hereby notify you that the Republic of Paraguay has designated the following institution as its central authority: Central authority: Office of the Public Prosecutor Department responsible: Department of International Affairs and External Legal Assistance Director: Juan Emilio Oviedo Cabañas, lawyer Address: Nuestra Señora de la Asunción 737 entre Víctor Haedo y Humaitá Telephone: 595-21-4155000 extensions 162 and 157; 595-21-4155100; 595-21-454603 e-mail: jeoviedo@ministeriopublico.gov.py. . |
52 | Burkina Faso heeft op 15-05-2005 de volgende verklaring afgelegd: … the information below relates to the criminalization of an organized criminal group and of certain offences provided for in the Convention, the extradition regime, the central authority competent to receive and execute requests for mutual legal assistance, and the acceptable language for submitting such requests to Burkina Faso.
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53 | Ratificatie door Chili onder de volgende verklaringen: The Republic of Chile, in accordance with paragraph 3 of article 5 of the United Nations Convention against Transnational Organized Crime, hereby gives notification that under the Chilean legal system involvement of an organized criminal group is required for purposes of the offences established in accordance with paragraph 1(a)(i) of article 5. Moreover, in accordance with paragraph 6 of article 31 of the Convention, it hereby designates the Ministry of the Interior, with address at the Palacio de la Moneda, Santiago, Chile, as the national authority that can assist other States parties in developing measures to prevent transnational organized crime. Furthermore, in accordance with paragraph 13 of article 18, it hereby designates the Ministry of Foreign Affairs as the central authority for purposes of receiving requests for mutual legal assistance, further specifying in accordance with paragraph 14 of that article that for purposes of such requests the language acceptable to Chile is Spanish. |
54 | Ratificatie door Noord-Macedonië onder de volgende verklaringen:
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55 | Ondertekening door Nicaragua onder de volgende verklaring: The State of the Republic of Nicaragua declares that such measures as may be necessary to harmonize the Convention with its domestic law, will be the outcome of the processes of revision of criminal legislation which the State of the Republic of Nicaragua is currently pursuing or which it may pursue in the future. Moreover, the State of the Republic of Nicaragua reserves the right, at the moment of depositing its instrument of ratification of the present Convention, to invoke, in accordance with the general principles of international law, article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969. . Nicaragua heeft op 10-02-2005 de volgende verklaring afgelegd: … in accordance with article 18, paragraph 13, of the United Nations Convention against Transnational Organized Crime, the Government of the Republic of Nicaragua has designated the Office of the Attorney-General of the Republic as the central authority with the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. . |
56 | Panama heeft op 13-12-2004 de volgende verklaring afgelegd: … I have the honour to inform you that requests to the Republic of Panama for legal assistance pursuant to article 18, paragraph 13, of the Convention must be made through the diplomatic channel.
. Panama heeft op 23-02-2007 de volgende verklaring afgelegd: The Government of the Republic of Panama, in accordance with the provisions of article 18 (13) of the said Convention, designates the State Attorney General as the central authority having the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. |
57 | De Russische Federatie heeft op 07-12-2004 de volgende verklaring afgelegd: … the central authorities of the Russian Federation with responsibility for ensuring the implementation of the provisions of the Convention relating to mutual legal assistance are: the Ministry of Justice of the Russian Federation (in civil law matters, including civil-law aspects of criminal cases) and the Office of the Public Prosecutor of the Russian Federation (in criminal law matters). . |
58 | Ratificatie door Saudi-Arabië onder de volgende verklaringen:
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59 | Venezuela heeft op 14-01-2004 het volgende voorbehoud gemaakt: Pursuant to article 35, paragraph 3, the Bolivarian Republic of Venezuela declares that it enters an express reservation concerning the provisions of paragraph 2 of this article. Consequently, it does not consider itself bound to submit to arbitration as a means of settling disputes, nor does it recognize the compulsory jurisdiction of the International Court of Justice. . |
60 | Ondertekening door België onder de volgende verklaring: The French, Flemish and German-speaking Communities and the Regions of Wallonia, Flanders and Brussels-Capital are also bound by this signature. . Ratificatie door België onder de volgende verklaring: Conformément à larticle[lees: l'article] 18 (13), de la Convention, le Service Public Fédéral Justice, Direction générale de la Législation, des Droits fondamentaux et des Libertés, 115 Boulevard de Waterloo, 1000 Bruxelles, est désigné comme Autorité centrale. In accordance with article 18, paragraph 13 of the Convention, the Federal Department of Justice, head office for legislation, fundamental rights and freedoms, 115 Boulevard de Waterloo, 1000 Brussels, has been designated as the central authority. . |
61 | Ratificatie door Colombia onder de volgende verklaring: In accordance with article 35, paragraph 3, of the Convention, Colombia declares that it does not consider itself bound by paragraph 2 of that article. Furthermore, in accordance with article 18, paragraph 13, Colombia gives notice that the central authorities designated to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution, and to formulate requests for legal assistance, shall be as follows:
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62 | Ratificatie door Malawi onder de volgende verklaringen: The Government of the Republic of Malawi is currently in the process of reviewing its domestic legislation with the aim of incorporating obligations assumed on, ratification of this convention, specifically, offences stipulated in consonant with Article 5 (1) and (2). The Government also undertakes to notify, the Secretary-General of the United Nations once the enabling legislation has been prepared and passed perforce Article 5 (3). Further, the Government regards this convention as the legal basis for matters relating to extradition, on the basis of reciprocity with those States Parties which likewise have accepted the same. Further informs consistent with Article 18 (13) that the Competent Authority for the administration of this convention is the Ministry responsible for Home Affairs and Internal Security whose address is given below; The Preferred language for Official Communications perforce Article 18 (14) is English language. . |
63 | Ratificatie door Malawi onder de volgende aanwijzing van autoriteiten: The Principal Secretary Ministry of Home Affairs and Internal Security P/Bag 331 Capital Hill, Lilongwe 3. Malawi. . |
64 | Brazilië heeft op 15-08-2005 de volgende autoriteit aangewezen: … The Brazilian government has designated its Ministry of Justice as the central authority for matters related to mutual legal assistance, in accordance with article 18, paragraph 13 of the United Nations Convention against Transnational Organized Crime (Palermo Convention). Any requests for international legal assistance under the Palermo Convention shall be directed, in Portuguese or in English, to the following focal points:
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65 | Ratificatie door Kiribati onder de volgende voorbehouden: … pursuant to article 18 (13) of the Convention that the Attorney-General of Kiribati is designated by the Republic of Kiribati as the Central Authority who shall have the responsibility and power to receive requests for mutual legal assistance; and … pursuant to Article 18 (14) of the Convention that English is designated by the Republic of Kiribati as the acceptable language in which to make requests for mutual legal assistance. |
66 | Ratificatie door Moldavië onder de volgende voorbehouden: In accordance with paragraph 3 of Article 35 of the Convention, the Republic of Moldova does not consider itself bound by paragraph 2 of article 35 of the Convention. Until the full establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention will be applied only on the territory controlled by the authorities of the Republic of Moldova. In accordance with paragraph 5 (a) of Article 16 of the Convention, the Republic of Moldova consider the Convention as legal basis for cooperation with other States Parties on extradition. The Republic of Moldova does not consider the Convention as legal basis for extradition of its own citizens and persons who have been granted political asylum in the country, according to national legislation. In accordance with paragraph 13 of Article 18 of the Convention, the Republic of Moldova designate the following central authorities responsible for receiving requests of legal assistance:
In accordance with paragraph 14 of Article 18 of the Convention, the acceptable languages for the requests of legal assistance and for appended documents are: Moldovan, English or Russian. |
67 | Ratificatie door de Verenigde Staten van Amerika onder de volgende voorbehouden en verklaringen:
Pursuant to Article 5, paragraph 3, of the Convention, I have the honour to inform you that, in order to establish criminal liability under the United States law with respect to the offense described in Article 5, paragraph 1 (a) (i), the commission of an overt act in furtherance of the agreement is generally required. Pursuant to Article 16, paragraph 5, of the Convention, I have the honour to inform you that the United States of America will not apply Article 16, paragraph 4. Pursuant to Article 18, paragraph 13, of the Convention, I have the honour to inform you that the Office of International Affairs, United States Department of Justice, Criminal Division, is designated as the central authority of the United States of America for mutual legal assistance under the Convention. Pursuant to Article 18, paragraph 14, of the Convention, I have the honour to inform you that requests for mutual legal assistance under the Convention should be made in, or accompanied by, a translation into the English language. Pursuant to Article 31, paragraph 6, of the Convention, I have the honour to inform you that requests for assistance on developing measures to prevent transnational organized crime should be directed to the United States Department of Justice, Office of Justice Programs, National Institute of Justice. . |
68 | China heeft op 29-03-2006 de volgende verklaring afgelegd: In accordance with the provisions of paragraph 13 of Article 18 of the United Nations Convention against Transnational Organized Crime, the Ministry of Justice and the Ministry of Public Security of the People's Republic of China are designated as the central authorities that have the responsibility and power to receive requests for legal assistance. The address of the Ministry of Justice is: 10 Chaoyangmen Nandajie, Chaoyang District, Beijing, China, 100020; and the address of the Ministry of Public Security is: 14 Dong Chang'anjie, Dongcheng District, Beijing, China, 100741. In accordance with the provisions of paragraph 14 of Article 18 of the Convention, Chinese is the only language acceptable to the People's Republic of China for the written requests for legal assistance. . China heeft op 03-06-2008 de volgende verklaring afgelegd:
. China heeft op 30-11-2012 de volgende verklaring afgelegd:
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69 | Bolivia heeft op 18-05-2006 de volgende verklaringen afgelegd: With respect to the definitions and characterizations set out in Articles 5, 6, 8 and 23 of the Convention, the Republic of Bolivia declares that it will first apply its national legislation in force and, secondly, the provisions of the present Convention. The Republic of Bolivia declares that it does not consider itself bound by the provisions of paragraph 2 of Article 35, which deals with the settlement of disputes concerning this Convention.
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70 | Ratificatie door Duitsland onder de volgende verklaring: With reference to Article 5, paragraph 3: German domestic law requires the involvement of an organized criminal group for the purposes of the offences established in accordance with Article 5, paragraph 1 (a) (i). Pursuant to the obligation under Article 18, paragraph 13: Germany designates the Bundesministerium der Justiz [Federal Ministry of Justice] Adenauerallee 99–103 D-53113 Bonn Tel.: + 49 (0) 228 580 Fax: + 49 (0) 228 58 83 25 as the central authority authorized to receive requests for mutual legal assistance. Pursuant to the obligation under Article 18, paragraph 14: Requests for mutual legal assistance submitted to Germany must be written in the German language or be accompanied by a translation into German. Pursuant to the obligation under Article 31, paragraph 6: Germany designates the Bundeskriminalamt [Federal Criminal Police Office] 65173 Wiesbaden Tel.: + 49 (0) 611-55-0 Fax: + 49 (0) 611-55-12141 E-Mail: info@bka.de as the authority responsible under Article 31, paragraph 6 of the Convention. . |
71 | Slowakije heeft op 09-08-2006 de volgende verklaring afgelegd: The Ministry of Justice of the Slovak Republic is the competent authority under article 18, paragraph 13. In urgent cases, the request may be transmitted through the International Criminal Police Organization (Interpol). . |
72 | Mozambique heeft op 20-09-2006 de volgende verklaring afgelegd: Pursuant to:
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73 | Monaco heeft op 18-10-2006 de volgende verklaring afgelegd: In accordance with article 16, paragraph 5 of the Convention, the Principality of Monaco declares that, in the absence of a bilateral convention on extradition, it considers the United Nations Convention against Transnational Organized Crime to be the legal basis for cooperation on extradition with other States Parties to the Convention. In accordance with article 18, paragraph 13, the Principality of Monaco declares that it designates the Director of Judicial Services as the authority with the responsibility and power for executing or transmitting requests for mutual legal assistance to the competent authorities. In accordance with article 18, paragraph 14, the Principality of Monaco declares that the acceptable language is French. In accordance with article 31, paragraph 6, the Principality of Monaco declares that the Director of Judicial Services is the authority that can assist other States Parties. . |
74 | Verklaring van voortgezette gebondenheid van Montenegro op 23-10-2006. |
75 | Verklaring van voortgezette gebondenheid van Montenegro op 23-10-2006. |
76 | Zwitserland heeft op 21-11-2006 de volgende verklaringen afgelegd: The central authority designated by Switzerland to receive requests for mutual legal assistance, in accordance with article 18 (13) of the Convention is: The Federal Office of Justice CH-3003 Berne In accordance with article 18 (14) of the Convention, requests for mutual legal assistance and documents pertaining thereto must be submitted to Switzerland along with an official certified translation into French, German or Italian, should they not have been established in either of these languages. . |
77 | Ratificatie door Israël onder de volgende verklaringen: Declaration Regarding Article 18(13) The Minister of Justice is the competent authority under Israeli law to receive requests for legal assistance, an authority which is permitted to delegate. Pursuant to such designation, requests for mutual assistance in criminal cases should be addressed to the Israel Directorate of Courts in the Ministry of Justice, 22 Kanfei Nesharim St. Jerusalem, 95464, copied to the Diplomatic and Civil Law Department in the Ministry of Foreign Affairs, 9 Rabin Ave., Jerusalem. Declaration Regarding Article 18(14) Requests for legal assistance must be submitted either in Hebrew or in English. Declaration Regarding Article 31(6) The authority qualified to assist other countries Parties to the Convention in developing means for the prevention of Transnational Organized Crime is the Special Operations Division of the Israeli Police. Declaration Regarding Article 35(2) In accordance with Article 35 paragraph 3 of the Convention the State of Israel declares that it does not consider itself bound by Article 35 paragraph 2, which stipulates that all disputes concerning the interpretation or application of the Convention shall be referred to the International Court of Justice. |
78 | Ratificatie door het Koninkrijk der Nederlanden voor Aruba vanaf 18-01-2007 onder de volgende verklaringen: The central authority of the Kingdom of the Netherlands, for the Kingdom in Europe is: Ministry of Justice Department of International Legal Assistance in Criminal Matters P.O. Box 20301 2500, EH The Hague The Netherlands In accordance with article 8, paragraph 6, of the Convention the central authority of Aruba is: The Procurator-General of Aruba Havenstraat 2, Oranjestad Aruba Tel: (297) 582 1415 Fax: (297) 583 8891 om.aruba@setarnet.aw |
79 | Toepasselijkverklaring door het Verenigd Koninkrijk voor de Falkland-eilanden vanaf 11-01-2007, voor Gibraltar op 27-11-2007, voor de Britse Maagdeneilanden en de Caymaneilanden vanaf 16-06-2012, voor Man vanaf 01-07-2012, voor Guernsey en Jersey vanaf 17-12-2014 en voor Anguilla en de Turks- en Caicoseilanden vanaf 31-07-2015. |
80 | Ratificatie door Panama onder de volgende verklaring: The Government of the Republic of Panama hereby declares that, in connection with articles 16 and 18 of the Convention, it shall not be obliged to carry out extraditions or to render mutual legal assistance in cases where the events giving rise to a request for extradition or mutual legal assistance are not offences under the criminal legislation of the Republic of Panama. . |
81 | Ratificatie door Cuba onder de volgende verklaring: Pursuant to article 5, paragraph 3, of the Convention, the Republic of Cuba reports that its domestic law provides that involvement of an organized criminal group in the offences established in accordance with paragraph 1 (a) (i) of this article is an aggravating factor in such conduct. With respect to the provisions of article 16, paragraph 5 of the Convention, concerning its use as the legal basis for cooperation on extradition with States with which extradition agreements have been signed, the Convention shall apply whenever these agreements are incompatible with it. With respect to article 18, paragraph 13, the central authority with the responsibility to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution is the Ministry of Justice of the Republic of Cuba. Furthermore, requests for legal assistance must be submitted to the central authority in Spanish pursuant to article 18, paragraph 14. With respect to the provisions of article 35, paragraph 3, the Republic of Cuba declares that it does not consider itself bound by paragraph 2 of this article, concerning the settlement of disputes between two or more States parties. . |
82 | Argentinië heeft op 03-04-2007 de volgende verklaring afgelegd: The Argentine Republic objects to the extension of the territorial application to the United Nations Convention against Transnational Organized Crime of 15 November 2000 with respect to the Malvinas Islands, which was notified by the United Kingdom of Great Britain and Northern Ireland to the Depositary of the Convention on 11 January 2007. The Argentine Republic reaffirms its sovereignty over the Malvinas Islands, the South Georgia and South Sandwich Islands and the surrounding maritime spaces, which are an integral part of its national territory, and recalls that the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, which recognize the existence of a dispute over sovereignty and request the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to initiate negotiations with a view to finding the means to resolve peacefully and definitively the pending problems between both countries, including all aspects on the future of the Malvinas Islands, in accordance with the Charter of the United Nations. . Argentinië heeft op 17-07-2007 de volgende verklaring afgelegd: The following central authority is designated by Argentina in accordance with article 18 (13) of the Convention: International Legal Assistance Directorate Directorate General for Legal Affairs Ministry of Foreign Affairs, International Trade and Worship Esmeralda 1212, Piso 4 (C.P. 1007) Ciudad de Buenos Aires, República Argentina Tel./Fax: (54-11) 4819-7170/7172/7231 e-mail: diaju@mrecic.gov.ar . Argentinië heeft op 16-05-2012 de volgende verklaring afgelegd: 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:
Article 18 (13) and (14) (central authority and languages) 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). . |
83 | Spanje heeft op 17-04-2007 de volgende autoriteit aangewezen: The Government of Spain notified the Secretary-General, in accordance with article 18 (13), that the central authority to receive requests for mutual legal assistance is as follows: Subdirección General de Cooperación Jurídica Internacional (Ministerio de Justicia) Dirreción Calle San Bernardo 62 28015 Madrid Teléfono: 34 91 390 2228 Fax: 34 91 390 44 47 . |
84 | Ratificatie door de Verenigde Arabische Emiraten onder de volgende verklaring: The United Arab Emirates declares … that the provisions of that Convention shall not be binding on the United Arab Emirates in its dealings with States that have not ratified thereof in connection with matters decreed therein, and that such ratification shall in no case imply the establishment of relations of any kind with the said States. . |
85 | Ratificatie door Singapore onder de volgende verklaring: Reservation Pursuant to Article 35, paragraph 3 of the above mentioned Convention, the Government of the Republic of Singapore does not consider itself bound by Article 35, paragraph 2 of the said Convention. Notifications
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86 | Guatemala heeft op 02-07-2007 de volgende verklaring afgelegd: The Government of the Republic of Guatemala, in accordance with the provisions of article 18 (13) of the said Convention, designates the judiciary and the Public Prosecutor's Office as the central authorities for the receipt of requests for mutual legal assistance, with the power either to execute them or to transmit them to the competent authorities for execution. . |
87 | Spanje heeft op 18-01-2008 de volgende verklaring afgelegd:
. Spanje heeft op 07-02-2008 de volgende verklaring afgelegd: No. 110/AV/ot The Permanent Mission of Spain to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to note verbale no. 54/IPE/ac sent by this Permanent Mission on 17 January 2008 with regard to the United Nations Convention against Transnational Organized Crime, which was opened for signature in December 2000, and transmitting a unilateral declaration of Spain pertaining to that Convention, following its extension to Gibraltar by the United Kingdom on 27 November 2007. The Permanent Mission of Spain wishes to inform the Secretary-General that on 19 December 2007, following an exchange of letters between their Permanent Representatives to the European Union, the English and Spanish versions of which are annexed to the present document, the Kingdom of Spain and the United Kingdom reached agreement on the ‘Agreed Arrangements relating to Gibraltar Authorities in the Context of Mixed Agreements (2007)’ (annex I). The text of the ‘Agreed Arrangements relating to Gibraltar Authorities in the Context of European Union and European Community Instruments and Related Treaties’ of 19 April 2000 is also annexed in both languages (annex II). The procedure envisaged in the arrangements relating to Gibraltar authorities in the context of Mixed Agreements (2007), which was agreed by Spain and the United Kingdom on 19 December 2007, applies to the United Nations Convention against Transnational Organized Crime, since it is a mixed agreement. The Permanent Mission of Spain to the United Nations should be grateful if the Secretary-General would inform the States parties to the United Nations Convention against Transnational Organized Crime of the content of this note verbale and of the texts annexed. Annex I. Agreed Arrangements between the Kingdom of Spain and the United Kingdom relating to Gibraltar authorities in the context of mixed agreements, 19 December 2007. [I] […] I refer to the discussions we have had regarding the applicability of the ‘Agreed arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related Treaties of 19th April 2000’ to mixed Agreements, which have been extended to Gibraltar, and which, for the purpose of implementation, may result in the intervention of Gibraltar authorities. (‘Mixed Agreement’ means an international instrument that contains provisions some elements of which fall within Community competence and some of which fall within the competence of the Member States, and to which the Community — if that is permissible under the instrument in question — and the Member States are Parties, following a Council Decision). It is the understanding of my Government following these discussions that for these mixed Agreements the system of ‘postboxing’ in the 2000 arrangements will apply for communications between Spanish authorities and a Gibraltar body, authority or service but not for communications between the authorities of other States and Gibraltar. Notwithstanding the above, for instruments covered by paragraphs 5a–5d of the 2000 arrangements, ‘postboxing’ as set out in those arrangements will, for the time being, remain in place. If the arrangement set out above regarding mixed agreements is acceptable to the Government of Spain, I suggest that this letter and your reply will place on record the understanding of our two Governments which will be known as the Agreed arrangements relating to Gibraltar authorities in the context of ‘mixed Agreements (2007)’ and will be implemented as of the date of your reply. I propose that, on receipt of your reply, we should each send a copy of our exchange of letters notes to the Secretary General of the Council of the European Union with the request that he circulates the aforementioned communication to the Permanent Representatives of the remaining Member States and to the other institutions of the European Union for their information. These arrangements or any activity or measure taken for their implementation or as a result of them do not imply either on the side of the United Kingdom or on the side of the Kingdom of Spain any change in their respective positions on the question of Gibraltar or on the limits of that territory. [II] […] I am writing to thank you for your letter of 19 December setting out your Government's view on arrangements relating to mixed agreements that have been extended to Gibraltar and which, for the purposes of their implementation, could give rise to the intervention of Gibraltar authorities. I am pleased to confirm that the arrangements set out in your annexed letter are acceptable to the Government of Spain and that your letter and the present reply constitute the official expression of both our Governments' understanding on this matter, which shall be known as ‘Agreed Arrangements relating to Gibraltar Authorities in the Context of Mixed Agreements (2007)’ and shall be applicable as of today. I also agree that, once you receive my reply, we should both transmit a copy of our exchange of letters/notes verbales to the Secretary-General of the Council of the European Union, with the request that he distribute the aforementioned correspondence to the Permanent Representatives of the other member States and to the other European Union institutions for information. The present arrangements and any activity or measure undertaken in implementation or as a consequence thereof do not imply any change whatsoever in the Kingdom of Spain's and the United Kingdom's respective positions on the question of Gibraltar or on the boundaries of that territory. . |
88 | Toetreding door Qatar onder de volgende verklaring: …with a reservation regarding paragraph 2 of Article (35) concerning the submission of dispute to International Arbitration or to the International Court of Justice. . |
89 | Ratificatie door Luxemburg onder de volgende verklaringen:
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90 | Ratificatie door de Bahama's onder de volgende verklaring: In accordance with Article 16 paragraph 5 (a), the Commonwealth of The Bahamas declares that it takes the Convention as the legal basis for cooperation on extradition on the basis of reciprocity with those States Parties which likewise have accepted the same. With respect to States Parties with which extradition agreements have been signed, the Convention shall apply whenever these agreements are incompatible with it. The Commonwealth of The Bahamas further declares that the central authority designated for the purpose of Article 18, paragraph 13 of the Convention is the Attorney-General's Office and the language acceptable to The Bahamas for the purposes of Article 18, paragraph 14 is English. In accordance with Article 35 paragraph 3, the Commonwealth of The Bahamas enters a specific reservation to the procedure established under Article 35 paragraph 2 of the Convention on the basis that referral of a dispute concerning the application or interpretation of the provisions of the Convention to arbitration or to the International Court of Justice must be by consent of all the parties to the dispute. . |
91 | Ratificatie door Indonesië onder de volgende verklaring: …the Government of the Republic of Indonesia conveys her reservation not to be bound by the provision of Article 35 (2) and takes the position that dispute[s] relating to the interpretation and application of the Convention which have not been settled through the channel provided for in Paragraph (1) of the said Article, may be referred to the International Court of Justice only with the [consent] of all Parties to the dispute. Indonesië heeft op 24-09-2013 de volgende verklaring afgelegd:
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92 | Servië heeft op 20-04-2009 de volgende verklaring afgelegd: The Permanent Mission of the Republic of Serbia … has the honour to notify of the Serbian competent authorities for the implementation of the Articles 16 (Extradition), 17 (Transfer of Sentenced Persons) and 18 (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 Name of Person to be contacted: Mr. Ljubomir Jovanovic, Adviser, 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. . |
93 | Ratificatie door Syrië onder de volgende verklaring: The Syrian Republic expresses a reservation with respect to article 35, paragraph 2 of the Convention. . |
94 | Ratificatie door Pakistan onder de volgende verklaring: The Government of the Islamic Republic of Pakistan does not consider itself bound by paragraph 2 of article 35 of the Convention. The Government of the Islamic Republic of Pakistan declares that pursuant to article 16 paragraph 5, of the Convention, it does not take this Convention as the legal basis for cooperation on extradition with other States Parties. Pursuant to article 18 paragraph 13, the Government of the Islamic Republic of Pakistan designates the Ministry of Interior as a central authority to receive all requests for mutual legal assistance from other States Parties under the Convention. All such requests shall be in English or shall be accompanied by an official translation in English. In accordance with paragraph 6 of article 31, the Government of the Islamic Republic of Pakistan nominates the following authority which can assist other States Parties in preventing transnational organized crime: Ministry of Interior Address: R-Block, Pak Secretariat Islamabad Telephone: + 92-51-9210086 Fax: + 92-51-9201400 Website: www.interior.gov.pk Email: info@interior.gov.pk . |
95 | Ratificatie door Jemen onder het volgende voorbehoud: Reservation: [The Government of the Republic of Yemen declares that they] ... fully approve and ratify the above-mentioned Convention and are bound by all its provisions, with the exception of article 35, paragraph 2. Notifications: 1. The Republic of Yemen does not take this Convention as the legal basis for cooperation with other States Parties to the Convention on the extradition of criminals pursuant to article 16 concerning extradition, because extradition is governed by treaties that regulate cooperation in that field with the States Parties to the Convention. In accordance with article 16, paragraph 5 (a) we are therefore informing you to that effect. 2. In accordance with article 18, paragraphs 13 and 14, the Republic of Yemen stipulates as follows: (a) Requests for mutual legal assistance or any communications related thereto shall be submitted through the diplomatic channels, which will transmit them to the relevant central authorities. (b) Requests for mutual legal assistance shall be submitted in writing, in the Arabic language. |
96 | Ratificatie door IJsland onder de volgende verklaring: In accordance with Article 18, paragraph 13, of the United Nations Convention against Transnational Organized Crime of 15 November 2000, Iceland hereby designates the Ministry of Justice and Human Rights as the central authority which shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. Iceland further declares, in accordance with Article 18, paragraph 14, that requests shall be made in Icelandic or English. |
97 | Irak heeft op 24-05-2010 de volgende verklaring afgelegd: … in order to carry out [the] Republic of Iraq commitments under the Convention, the relevant Iraqi authorities have designated the Ministry of the Interior of Iraq as the central authority with responsibility and power to receive requests for mutual legal assistance and to take action in accordance with articles 16 and 17 of the Convention and Article 8 of the Protocol against the Smuggling of Migrants by Land, Sea and Air. |
98 | Ratificatie door Ierland onder de volgende verklaring: … Ireland [notifies], in accordance with article 18 (13) of the Convention, that the Central Authority competent and with the responsibility and power to receive requests for mutual legal assistance on behalf of Ireland shall be: The Minister of Justice and Law Reform Central Authority for Mutual Assistance Department of Justice and Law Reform 51 St Stephans Green Dublin 2 Ireland Email: mutual@justice.ie. … Ireland [notifies], in accordance with Article 18 (14) of the Convention, that Ireland will accept requests for mutual legal assistance in either of the following two languages: English Irish. . |
99 | Ratificatie door het Koninkrijk der Nederlanden voor de Nederlandse Antillen vanaf 09-09-2010 onder de volgende verklaringen: With reference to article 16, paragraph 5, under a) of the Convention against Transnational Organized Crime, the Kingdom of the Netherlands, for the Netherlands Antilles, declares that it will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. In accordance with Article 18, paragraph 13, of the Convention the central authority of the Netherlands Antilles is: The Procurator-General of the Netherlands Antilles Wilhelminaplein 4, Willemstad Curaçao Netherlands Antilles Phone: + 599-9-463-4111 Fax: + 599-9-461-3786 E-mail: parker.pg@caribjustitia.org . Dit verdrag geldt voor het Caribische deel van Nederland, Curaçao en Sint Maarten vanaf 10-10-2010. |
100 | Ratificatie door Ethiopië onder de volgende verklaring: Ethiopia is not bound by the obligation under article 35, paragraph 2 of the Convention. |
101 | Ondertekening door Jordanië onder de volgende verklaring: The Hashemite Kingdom of Jordan declares its intention not to be bound by the provisions of article 35, Paragraph (2) of the United Nations Convention against Transnational Organized Crime. |
102 | Ratificatie door Griekenland onder de volgende verklaring: Article 16 of the Convention is ratified in its entirety, without prejudice to Article 5 of the Constitution and Article 438 of the Code of Criminal Procedure. Article 18 of the Convention is ratified without prejudice to Article 458(3) of the Code of Criminal Procedure and the provisions of Law 2472/1997 (Government Gazette 50A) 'Protection of Individuals with regard to the Processing of Personal Data', as currently in force. The Greek State makes use of Article 35(3) and declares that it is not bound by para. 2 of this article. . |
103 | Kyrgyzstan heeft op 28-03-2011 de volgende verklaring afgelegd: The Office of the Prosecutor-General of the Kyrgyz Republic is the central authority with the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. . |
104 | Toetreding door Bangladesh onder de volgende verklaring: In accordance with the provision in paragraph 3 of Article 35 of the Convention, the People's Republic of Bangladesh does not consider itself bound by paragraph 2 of the said Article. . |
105 | Ratificatie door India onder de volgende verklaring:
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106 | Saint Vincent en de Grenadines heeft op 25-05-2011 de volgende verklaring afgelegd: Pursuant to articles 5(3), 16(5), 18(13), 18(14) and 31(6), the Government of Saint Vincent and the Grenadines would like to notify the Secretary-General of the following Article 5 of the above mentioned Convention deals with criminalization of participation in an organized group. Section (3) asked to provide the requisite legislation that deals with serious crimes being committed by organized criminal group. The definition for ‘serious crime’ as identified by the convention means any conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty. An ‘organized criminal group’ is defined by the Convention as a structured group of three or more persons, existing for a period of time or acting in concert with the aim of committing one or more serious crimes or offences established in accordance with the Convention, in order to obtain, directly or indirectly, a financial or other material benefits. A ‘structured group’ means a group that is not randomly formed for immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure. There are several offences under the Criminal Code Cap. 124 of the Laws of Saint Vincent and the Grenadines. Revised Edition 1990 which deals with Offences that are punishable by four years or more. Some of these are Bribery (Police Act), Theft on indictment (section 215 Cap 124), Drug trafficking (Drug (Prevention) and Misuse Act), Extortion (85-93), Sexual exploitation of children (199- 207), Prostitution (123-140), Blackmail (232), Forgery and Counterfeiting (239-260), Obtaining property by deception (223), Obtaining services by deception (225), Treason (Section 41), Piracy (Section 50), Murder (Section 159), Genocide (Section 158), Abduction, Kidnapping and similar crimes (Section 199-204), Money Laundering (Proceeds of crime and Money Laundering (Prevention) Act No. 39 of 2001) and Terrorism (United Nations (Anti-Terrorism Measures) Act No. 34 of 2002). The Criminal Code does not deal with the element of the definition which speaks to these crimes being committed by an organized or structured group. Article 16 (5) of the above mentioned Convention highlights the legal basis for extradition by state parties under this Convention. International Law permits that state parties to a convention takes the Convention as the legal basis for extradition between the state parties. The Fugitive Offenders Act Cap. 126 of the Laws of Saint Vincent and the Grenadines, Revised Edition 1990, makes new provision for the return from Saint Vincent and the Grenadines or persons found therein who are accused of, or have been convicted of offences in other countries and whose return is requested by such other countries and for matters related thereto. Article 18(13) seeks notification on the Central Authority designed for the purpose of Mutual Legal Assistance. The Central Authority is the Attorney General’s Chambers, Ministry of Legal Affairs, Methodist Building, Corner Granby & Sharpe Streets, Kingstown, Saint Vincent and the Grenadines Article 18 (14) seeks notification as to the language that is acceptable by the State party. English Language. Article 31 (6) requires the name and address of the authority or authorities that can assist, state parties in developing measures to prevent transnational organized crime.
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107 | Ratificatie door Andorra onder de volgende verklaring: Declaration under article 35.2: In accordance with paragraph 3 of Article 35 of the United Nations Convention against Transnational Organized Crime, adopted in New York on 15 November 2000, the Principality of Andorra declares that it does not consider itself bound by the obligation described in paragraph 2 of Article 35, in the sense that in order to submit a controversy before the International Court of Justice it is necessary the consent of all parties involved. Notifications:
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108 | Toetreding door Heilige Stoel onder de volgende verklaring: Pursuant to article 35.3 of the Convention, the Holy See, acting also in the name and on behalf of Vatican City State, declares that it does not consider itself bound by article 35.2 of the Convention. The Holy See, acting also in the name and on behalf of Vatican City State, specifically reserves the right to agree in a particular case, on an ad hoc basis, to any convenient means to settle any dispute arising out of this Convention. By acceding to the United Nations Convention against Transnational Organized Crime, the Holy See, acting also in the name and on behalf of Vatican City State, intends to contribute and to give its moral support to the global prevention, repression and prosecution of transnational organized crime and to the protection of victims of such crimes. In conformity with its own nature, its mission, and the particular character of Vatican City State, the Holy See upholds the values of brotherhood, justice and peace between persons and peoples, whose protection and strengthening require the primacy of the rule of law and respect for human rights, and it reaffirms that instruments of criminal and judicial cooperation constitute effective safeguards in the face of criminal activities that jeopardize human dignity and peace. In respect to article 10 of the Convention, the Holy See notes that, due to the particular nature of the Holy See and of Vatican City State, the concept of criminal liability of legal persons is not embodied in their domestic legal principles. The Holy See declares that articles 16.14 and 18.21 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). Pursuant to article 16.5 of the onvention, the Holy See declares that it takes the Convention as the legal basis for cooperation on extradition with other Parties to the Convention, subject to the limitations to the extradition of persons provided for by its domestic law. . |
109 | Ratificatie door Burundi onder de volgende verklaring: … pursuant to article 16 (5) b), the Government of the Republic of Burundi does not consider this Convention as the legal basis for cooperation on extradition and therefore makes extradition conditional to the existence of a treaty and will seek, where appropriate, to conclude treaties on extradition with other States Parties in order to implement this article. . |
110 | Ratificatie door Vietnam onder de volgende verklaring: The Socialist Republic of Viet Nam does not consider itself bound by the provisions of paragraph 2 of Article 35 of this Convention.
. Vietnam heeft op 28-08-2012 de volgende verklaring afgelegd:
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111 | Niue heeft op 01-08-2012 de volgende verklaring afgelegd: In accordance with the Convention, and as notified by the Secretary-General the Government of Niue makes the following notifications under each specific Article: The Terrorism Suppression and Transnational Crimes Act 2006 was enacted on 1 December 2006. The principal object of the Act. at section 2 of the Act, is to implement the United Nations Security Council Resolution [1373 (2001)] and Conventions dealing with terrorism and transnational organised crime, to prevent terrorists from operating in Niue, and to prevent persons in Niue from taking part in terrorist activities or supporting terrorism. Participation in an organized criminal group has been criminalised in s.35 of the Act as have people trafficking and smuggling in ss. (36-39), the subject of the Annexes II & III to the Convention. Money Laundering is criminalised under the Proceeds of Crime Act 1998 and the Mutual Assistance in Criminal Matters Act 1998 enables the enforcement of foreign forfeiture/confiscation and pecuniary penalty orders. In addition, the following legislation implements the Convention (this also includes implementation of the Vienna Convention): Extradition Act 2007; Financial Transactions Reporting Act 2006; Misuse of Drugs Act 2007; Mutual Legal Assistance in Criminal Matters Act 1998; Proceeds of Crimes Act 1998; Terrorism Suppression and Transnational Organised Crimes Act 2006; the United Nations Act 1946 and the United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Regulations 2004. The Extradition Act 2007 provides for extradition on the basis of a treaty and it will seek to conclude treaties with other States Parties to this Convention in order to implement this Article. Under the Mutual Assistance in Criminal Matters Act 1998, the Attorney General is the central authority that has the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authority for execution. It is advised that in 2004 the post of Attorney-General was repealed, however pursuant to the Mutual Assistance in Criminal Matters Act 1998 the Attorney-General means the chief legal adviser to the Government of Niue. The Solicitor-General who is head of the Crown Law Office is the chief legal adviser to the Government of Niue and undertakes this role of central authority. The Niue Government confirms that the English language is acceptable for all notifications under this Convention. Mutual Assistance in Criminal Matters: Solicitor-General Crown Law Office P O Box 70, Commercial Centre Alofi NIUE Via New Zealand Tel: +683 4228 Fax: +683 4206 Web: www.gov.nu Extradition: Chief of Police Niue Police Department P O Box 69 Utuko. Alofi South NIUE Tel: +683 4333 Fax: +683 4324 Web: www.gov.nu. . |
112 | Ratificatie door Ivoorkust onder de volgende verklaring: Pursuant to article 5, paragraph 1(a)(i): The State of Côte d'Ivoire does not require involvement of an organized criminal group or an act in furtherance of the agreement for purposes of the offences established in accordance with paragraph 1(a)(i) of article 5. Pursuant to article 16, paragraph 5: The Government of the Republic of Côte d'Ivoire takes the United Nations Convention against Transnational Organized Crime as the legal basis for cooperation on extradition with other States parties to the Convention, in addition to existing bilateral and multilateral treaties, conventions and agreements. Pursuant to article 18, paragraph 13: The central authority designated to receive and execute requests for mutual legal assistance is the Department of Civil and Criminal Affairs (DACP) of the Ministry of Justice, located at the Chancellerie, Bloc Ministériel, BP V 107 Abidjan, Côte d'Ivoire. . |
113 | Montenegro heeft op 20-03-2013 de volgende verklaring afgelegd: Notification under Article 18(13) and 14 Name of Authority: Ministry of Justice of Montenegro Postal address: Vuka Karadzica no. 3, 81000 Podgorica, Montenegro Telephone/fax: +382 20 407 510 Language: English, French In urgent matters the requests for international legal assistance may be transmitted and received through NCB INTERPOL . |
114 | Ratificatie door Saint Lucia onder de volgende verklaring: The Government of Saint Lucia declares that pursuant to Article 16, paragraph 5 of the Convention, it does not take the Convention as the legal basis for co-operation on extradition with other state parties. Pursuant to Article 18, paragraph 13 of the Convention, the Government of Saint Lucia has the honour to inform you that the Central Authority for the purpose of Mutual Legal Assistance is: The Attorney General's Chambers, 2nd Floor, Francis Compton building, Waterfront, Castries, Saint Lucia, West Indies. Pursuant to Article 18, paragraph 14 of the Convention, the Government of Saint Lucia has the honour to inform you that the language acceptable under the Convention is English. Pursuant to Article 31, paragraph 6 of the Convention, the Government of Saint Lucia has the honour to inform you that the Central Authorities are:
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115 | Ratificatie door Thailand onder de volgende verklaring: [I]n accordance with paragraph 3 of Article 35 of the Convention, the Kingdom of Thailand does not consider itself bound by paragraph 2 of the same Article. |
116 | Canada heeft op 25-10-2013 de volgende verklaring gelegd: Notification under Article 18(13): International Assistance Group Litigation Branch, Criminal Law Division Department of Justice Canada 284 Wellington Street, 2nd Floor Ottawa, ON, K1A 0H8 Telephone: + 011 44 613-957-4832 After hours number: + 011 44 613-851-7891 Fax: +011 44 613-957-8412 Email: cdncentralauthority@justice.gc.ca |
117 | Liechtenstein heeft op 22-10-2013 de volgende verklaring afgelegd: Notification under Article 18(13): 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 |
118 | The domestic law of the Czech Republic requires the involvement of an organized crime group for the purposes of the offences established in accordance with Article 5, paragraph 1 (a) (i) of the United Nations Convention against Transnational Organized Crime.
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119 | Peru heeft op 04-06-2014 de volgende verklaring afgelegd: Authority: Javier Moscoso Flores Director General of the Dirección General de Capitanías y Guardacostas, Peru Email: jorge.moscoso@dicapi.mil.pe. |
120 | Toetreding door Eritrea onder de volgende verklaring: In accordance to paragraph 3 of Article 35 of this Convention, the State of Eritrea does not consider itself bound by paragraph 2 of Article 35 which stipulates that all disputes concerning the interpretation or application of the Convention shall be referred to the International Court of Justice by one of the parties. |
121 | Litouwen heeft op 06-09-2014 de volgende verklaring afgelegd: The Competent National Authorities for the implementation of the Article 16 (Extradition) and 18 (Mutual Legal Assistance) are as follows: ‘Name of Authority: Prosecutor General's Office of the Republic of Lithuania Full postal address: Rinktines Str. 5A, LT-01515, Vilnius, Lithuania Name of service to be contacted: Department for Criminal Prosecution Name of person to be contacted: Mr. Tomas Krušnaa Title: Deputy Chief Prosecutor Telephone: (+370) 5 266 23 60 Fax: (+370) 5 266 24 57 Email: tomas.krusna@prokuraturos.lt Website: http://www.prokuraturos.lt Office hours: 8:00 - 17:00 lunch breaks from 12:00 to 12:45 Acceptance of requests by INTERPOL: Yes Timezone: GMT+3 (Etc/GMT-3) Languages English, Lithuanian or Russian Information/documents needed for requests to be executed: As prescribed in Art. 18, para.15 of the UN Convention against Transnational Organized Crime Extradition: Decision on the arrest or judgment imposing custodial sentence. Accurate description of the offence. Legal classification of the offence and statement of relevant applicable law. Information about extraditable person. Formats and channels accepted: Post, fax, via Interpol. The request by email can be sent only if its authenticity (proved by a signature of competent officer and seal of its office) is preserved.’ |
122 | Toetreding door Noord Korea onder de volgende verklaring:
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123 | Toetreding door Fiji onder de volgende verklaring: Fiji reserves waiving its sovereign rights and declares that it does not consider itself bound by the provisions of paragraph 2 of article 35. |
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