Partijen en gegevens

In accordance with Article 2, paragraph 2 the United Kingdom declares that, in relation to Scotland, Article 2, paragraph 1 shall apply only to offences the commission of which constitutes drug trafficking as defined in Scottish legislation.

In accordance with Article 6, paragraph 4 the United Kingdom declares that Article 6, paragraph I shall apply only to offences the commission of which constitutes drug trafficking as defined in its domestic legislation.

In accordance with Article 14, paragraph 3 the United Kingdom declares that Article 14, paragraph 2 shall apply only subject to the constitutional principles and the basic concepts of its legal systems.

In accordance with Article 21, paragraph 2 the United Kingdom declares that judicial documents should be served only through its central authority.

In accordance with Article 25, paragraph 3 the United Kingdom declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into English.

In accordance with Article 40, paragraph 2, of the Convention, the reservation in respect of Scotland to Article 2, paragraph 1, is hereby withdrawn.

In accordance with Article 2, paragraph 2, of the Convention the Kingdom of the Netherlands declares that it reserves the right not to apply Article 2, paragraph 1, of the Convention with regard to the confiscation of the proceeds from offences punishable under legislation on taxation or on customs and excise.

In accordance with Article 6, paragraph 4, of the Convention the Kingdom of the Netherlands declares that Article 6, paragraph 1, of the Convention will only be applied to predicate offences that qualify as ‘misdrijven’ (crimes) under the domestic law of the Netherlands (the Kingdom in Europe).

In accordance with Article 25, paragraph 3, of the Convention the Kingdom of the Netherlands declares that requests made to the Netherlands (the Kingdom in Europe) and documents supporting such requests in a language other than Dutch, French, English or German be accompanied by a translation into one of these languages.

In accordance with Article 38, paragraph 1, of the Convention the Kingdom of the Netherlands declares that the Convention shall apply to the Netherlands (the Kingdom in Europe).

Article 6, paragraph 1 of the Convention applies only where the predicate offence is classified as a crime under Swiss law (see Article 9, sub-paragraph 1 of the Swiss Criminal Code and the offences provided for in the Swiss Criminal Code and supplementary criminal law).

Service of judicial documents to persons in Switzerland must be effected through the competent Swiss authorities (Federal Office of Justice).

Requests and supporting documents must be submitted in German, French or Italian or accompanied by a translation into one of those languages. The accuracy of translations must be officially certified.

Following a re-organisation of the Federal Office of Police and of the Public Prosecutor (Ministère public) of the Swiss Confederation, adjustments must be made to the reservation and declarations in which Switzerland indicated the Swiss authorities designated to perform certain acts. The term ‘Federal Office of Police’ and ‘Federal Police Department’ must be replaced therein by ‘Federal Office of Justice’, and the telephone and fax numbers mentioned in the declaration concerning Article 23 must be amended.

In accordance with Article 25, paragraph 3, of the Convention the request and the annexed documents shall be drawn up in Finnish, Swedish, Danish, or Norwegian or in English, French or German, or be accompanied by a translation into one of these languages. ’

Norway declares that Article 2, paragraph 1, shall apply only to offences which would be punishable if committed within Norwegian criminal jurisdiction.

Article 32, paragraph 2

Norway declares that without prior consent, information or evidence provided by it under Chapter III of the Convention, may not be used or transmitted by the authorities of the requesting Party, except to the extent that the disclosure is necessary for the investigations or proceedings described in the request.

Norway declares that Article 6, paragraph 1, shall apply only to offences which would be punishable if committed within Norwegian criminal jurisdiction.

Norway declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Norwegian, Swedish, Danish or English.

The provisions provided in the Article 2, paragraph 2, will be applied only for the offences committed intentionally provided for in Article 6, paragraph 1.

Article 14, paragraph 2, will be applied only subject to the principles of the Constitution of the Republic of Lithuania and the basic concepts of the legal system.

The judicial documents shall be transmitted to the Ministry of Justice of the Republic of Lithuania or to the Prosecutor General's Office of the Republic of Lithuania.

The requests and supporting documents to the Republic of Lithuania shall be translated to the English or Lithuanian languages.

Without its prior consent, the information or evidence, provided by the Republic of Lithuania, may not be used or transmitted by the authorities of the requesting Party for investigation or proceedings other than those specified in the request.

The Republic of Lithuania declares that it will apply the provisions provided in Article 2, paragraph 2, only for the offences committed intentionally provided in Article 6, paragraph 1.

In accordance with Article 2, paragraph 2, Sweden declares that, for Sweden's part, the provisions in Article 2, paragraph 1, shall be applicable to such proceeds of crime and such instrumentalities which have been used in the commission of an offence as may be confiscated under the provisions of the Penal Code, the Narcotic Drugs Penal Act (1968:64) or the Act Prohibiting Certain Doping Substances (1991:1969). Regarding other offences, Sweden reserves the right, where justified in view of the type of offence, to prescribe confiscation to a more limited extent.

In accordance with Article 6, paragraph 4, Sweden declares that, for Sweden's part, the provision in Article 6, paragraph 1, shall apply only where the property in question derives from a criminal acquisition.

In accordance with Article 21, paragraph 2, Sweden makes a reservation in respect of the provision in Article 21, paragraph 2b.

In accordance with Article 25, paragraph 3, Sweden declares that a request addressed to Sweden under the Convention shall be formulated in Swedish, Danish, Norwegian or English or that a translation into one of these languages is enclosed.

In accordance with Article 6, paragraph 4, Sweden declares that, for Sweden's part, the provision in Article 6, paragraph 1, shall apply only where the property in question derives from a criminal acquisition. ’

The Government of Sweden, to limit the scope of the declaration that was made with regard to Article 2, paragraph 1, of the Convention, declares that Article 2, paragraph 1, of the Convention shall, in addition to what was previoulsly[lees: previously] stated in the Swedish declaration, be applicable to crimes punishable by deprivation of liberty for more than one year.

In accordance with Article 23, paragraph 2, of the Convention, the central authority provided for in Article 23, paragraph 1, with regard to the French Republic is the: Ministère de la Justice, Direction des affaires criminelles et des grâces, Bureau de l'entraide répressive internationale, 13 Place Vendôme, 75042 PARIS Cedex 01.

In accordance with Article 38 of the Convention, the Government of the Republic declares that the said Convention shall apply to the whole territory of the Republic subject, with regard to the Overseas territories, to the entry into force in respect of these territories of the new criminal code, which will be notified to the Secretary General of the Council of Europe.

The Republic of Cyprus declares that:

In accordance with paragraph 2 of Article 2, paragraph 1 of this Article shall apply only to offences as specified in its relevant domestic legislation.

In accordance with paragraph 4 of Article 6, paragraph 1 of this Article shall apply only to the predicate offences specified in its relevant domestic legislation.

In accordance with paragraph 3 of Article 14, paragraph 2 of this Article shall apply only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with paragraph 2 of Article 21, judicial documents should be served only through its Central Authority which is: The Ministry of Justice and Public Order.

In accordance with paragraph 3 of Article 25, it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into the English language which is one of the official languages of the Council of Europe.

In accordance with paragraph 2 of Article 32, information or evidence provided by it under this Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request. ’

In accordance with Article 40, paragraph 2, of the Convention, the Republic of Cyprus amends/partially withdraws the reservation made in respect of Article 2, paragraph 2, following a relevant amendment, No. 152(1)/2000 dated 17 January 2000, to the Cyprus Prevention and Suppression of Money Laundering Activities Law No 61(1) of 1996 by which the list of predicate offences was abolished.

The reservation now reads as follows:

Article 2 — Confiscation measures

In accordance with Article 2, paragraph 2, of the Convention, the Republic of Cyprus declares that paragraph 1 of this article shall apply to offences punishable with more than one year of imprisonment.

In accordance with Article 40, paragraph 2, of the Convention, the Republic of Cyprus amends/partially withdraws the reservation made in respect of Article 6, paragraph 4, following a relevant amendment, No. 152(1)/2000 dated 17 January 2000, to the Cyprus Prevention and Suppression of Money Laundering Activities Law No 61(1) of 1996 by which the list of predicate offences was abolished.

The reservation now reads as follows :

Article 6 — Laundering Offences

In accordance with Article 6, paragraph 4, of the Convention, the Republic of Cyprus declares that paragraph 1 of this article shall apply to the predicate offences specified in its relevant domestic legislation which are offences punishable with more than one year of imprisonment.

With regard to Article 21, paragraph 2, Denmark reserves the right to apply the provisions of the European Convention on Mutual Assistance in Criminal Matters.

With regard to Article 25 paragraph 3, requests and supporting documents from countries other than Austria, France, Germany, Ireland, Norway, Sweden or the United Kingdom must be accompanied by a translation into either Danish or one of the official languages of the Council of Europe. With regard to voluminous documents, Denmark reserves the right, as appropriate, to require a Danish translation or to have one made at the expense of the requesting party.

Until notification to the contrary, the Convention shall not apply to the Faroe Islands and Greenland.

In accordance with Article 40, paragraph 2, of the Convention, Denmark withdraws the reservation made in respect of Article 6, paragraph 1, and paragraph 4.

The Czech Republic designates that the central authorities in the sense of Article 23.1 of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime shall be:

The declaration of central authorities made by the Czech Republic in accordance with Article 23(1) of the Convention, registered at the Secretariat General on 19 November 1996, is updated as follows:

Article 2, paragraph 2

In accordance with Article 2, paragraph 2, Ireland declares that Article 2, paragraph 1, shall apply only to drug trafficking offences as defined in its domestic legislation and other offences triable on indictment.

Article 14, paragraph 3

In accordance with Article 14, paragraph 3, Ireland declares that Article 14, paragraph 2, shall apply only subject to the constitutional principles and the basic concepts of its legal system.

Article 21, paragraph 2

In accordance with Article 21, paragraph 3, Ireland declares that documents should be served only through its central authority.

Article 25, paragraph 3

In accordance with Article 25, paragraph 3, Ireland declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Irish or English. ’

In accordance with Article 6, paragraph 4 the United Kingdom declares that Article 6, paragraph 1 as it applies to the Isle of Man shall apply only to offences the commission of which constitutes drug trafficking as defined in its domestic legislation.

In accordance with Article 14, paragraph 3 the United Kingdom declares that Article 14, paragraph 2 shall apply to the Isle of Man only subject to the constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2 the United Kingdom declares that judicial documents for the Isle of Man should be served only through its central authority. The central authority for the Isle of Man is:

HM Attorney General

Attorney General's Chambers

Douglas

Isle of Man

The central authority of the United Kingdom designated in pursuance of Article 23, paragraph 1 for the Isle of Man is:

HM Attorney General

Attorney General's Chambers

Douglas

Isle of Man

In accordance with Article 25, paragraph 3 the United Kingdom declares that it reserves the right to require that requests made to the central authority of the Isle of Man and documents supporting such requests be accompanied by a translation into English.

In accordance with Article 40, paragraph 2, of the Convention, the reservation in respect of the Isle of Man to Article 6, made upon extension, is hereby withdrawn.

In accordance with Article 14, paragraph 3, of the Convention, the United Kingdom declares that Article 14, paragraph 2, of the Convention shall apply to the Bailiwick of Guernsey subject to the constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2, of the Convention, the United Kingdom declares that judicial documents for the Bailiwick of Guernsey should be served only through its central authority. The central authority for the Bailiwick of Guernsey is : HM Attorney General, ST. James Chambers, St. Peter Port, Guernsey, GY1 2PA.

The central authority of the United Kingdom designated in pursuance of Article 23, paragraph 1, of the Convention for the Bailiwick of Guern-sey is: HM Attorney General, ST. James Chambers, St. Peter Port, Guernsey, GY1 2PA.

In accordance with Article 25, paragraph 3, of the Convention, the United Kingdom declares that it reserves the right to require that requests made to the central authority of the Bailiwick of Guernsey and documents supporting such requests be accompanied by a translation into English.

The declaration of central authorities made by the United Kingdom in accordance with Article 23(1) of the Convention, registered at the Secretariat General on 28 September 1992, is updated as follows:

The Government of the United Kingdom of Great Britain and Northern Ireland declares that, in accordance with Article 38 of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, the United Kingdom's ratification of the Convention shall be extended to the territory of the Bailiwick of Jersey, for whose international relations the United Kingdom is responsible. In accordance with Article 14, paragraph 3, of the Convention, the Government of the United Kingdom declares that for the Bailiwick of Jersey Article 14, paragraph 2, of the Convention shall apply only subject to the constitutional principles and the basic concepts of the Bailiwick of Jersey's legal system. In accordance with Article 21, paragraph 2, of the Convention, the Government of the United Kingdom declares that for the Bailiwick of Jersey, judicial documents should be served only through the Bailiwick of Jersey's central authority. The central authority for the Bailiwick of Jersey shall be:

HM Attorney General

Law Officers’ Department

Morier House

Halkett Place

St Helier

Jersey JE1 1DD

In accordance with Article 25, paragraph 3, of the Convention, the Government of the United Kingdom declares that for the Bailiwick of Jersey requests made to the Bailiwick of Jersey and documents supporting such requests must be accompanied by a translation into English. Pursuant to Article 23, paragraph 1, of the Convention, the Government of the United Kingdom declares that for the Bailiwick of Jersey the central authority shall be:

HM Attorney General

Law Officers’ Department

Morier House

Halkett Place

St Helier

Jersey JE1 1DD

The declaration of central authorities made by Liechtenstein in accordance with Article 23, paragraph 1, of the Convention, is modified as follows:

In accordance with Article 23, paragraph 1, of the Convention the central authority of the Principality of Liechtenstein is:

Amt für Justiz (Office of Justice)

Central authority: Updating of contact information:

(Article 23) c) Requests under Section 4

d) Other requests for assistance

Ministry of Justice of the Slovak Republic

[…]

The Republic of Austria declares in accordance with Article 6, paragraph 4, that Article 6, paragraph 1, will apply only to predicate offences which are crimes (‘Verbrechen’) under Austrian penal legislation (§ 17 of the Austrian Penal Code).

The modalities of serving judicial documents under Article 21, paragraph 2, will be permitted in Austria only insofar as provided for in another bilateral or multilateral treaty.

The Republic of Austria ratified the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141) on 7 July 1997 subject to a declaration to Article 21, paragraph 2.

Following a review of this declaration, the Republic of Austria has decided to withdraw its declaration to Article 21 of the Convention.

In accordance with Article 21, paragraph 2, Australia declares that judicial documents should be reserved only through its central authority.

In accordance with Article 25, paragraph 3, Australia declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into English.

In accordance with Article 32, paragraph 2, Australia declares that information or evidence provided by it under Chapter III of the Convention may not, without the prior consent of the competent Australian authorities, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request. ’

The Republic of Bulgaria declares, with regard to the application of Article 15 of the Convention, that it proposes to conclude reciprocal agreements whereby property to which it may have a claim and which has been confiscated by a Party to the Convention will be returned. ’

Article 23

Regarding requests for service of documents under Article 21 of the Convention: County Administrative Board of Stockholm.

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 Conventions, Protocols, Agreement, 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 Conventions, Protocols, Agreement 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 order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

Ukraine declares that the Ministry of Justice of Ukraine (concerning judicial decisions), the General Prosecutor’s Office of Ukraine (concerning acts of procedure in criminal investigations) and starting from 25 January 2015 the National Anti-corruption Bureau of Ukraine (concerning pre-trial investigations of criminal offences, within its competence, see details at https://nabu.gov.ua/en/competence) are the central authorities designated to exercise the functions in accordance with Article 23, paragraph 1, of the Convention.

The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.

[…]

Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are 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 the relevant treaties 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 located at the link below:

https://zakon.rada.gov.ua/laws/show/z1668-22#Text

In accordance with Article 25, paragraph 3, of the Convention, it reserves the right to require that requests made to the responsible central authority and documents supporting such requests be accompanied by a translation into the Slovene language or into the English language.

In accordance with Article 32, paragraph 2, of the Convention, information or evidence provided by it under Chapter III of the Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request. …

In accordance with Article 25, paragraph 3, Spain reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into one of the official languages of the Council of Europe.

In accordance with Article 32, paragraph 2, Spain declares that, without its prior consent, information or evidence provided by it under this chapter may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

If the Convention on laundering, Search, Seizure and Confiscation of the Proceeds from Crime were to be extended by the United Kingdom to Gibraltar, the Kingdom of Spain would like to make the following declaration:

Article 6, paragraph 1, applies only to the following predicate offences or categories of such offences:

Wherever requests and supporting documents are not drawn up in German, they shall be accompanied by a translation into German or into one of the official languages of the Council of Europe.

The Federal Republic of Germany partly withdraws the reservation to Article 6, paragraph 1, of the Convention, contained in the declaration of 16 September 1998, to the extent that Article 6, paragraph 1, now also applies to the following predicate offences in addition to those specified in the declaration of 16 September 1998.

Additions to number 5:

Counterfeiting of debit and other cards, cheques and promissory notes (section 152a of the German Criminal Code - StGB), causing wrong entries to be made in public records (section 217 of the StGB), making false entries in public records (section 348 of the StGB), tax evasion (section 370 of the Fiscal Code - AO), offences under the German Securities Trading Act - WpHG (section 38(1) to (3) and (5) of the WpHG), punishable infringement of symbols (section 143 of the Act on the Protection of Trade Marks and Symbols - MarkenG), punishable infringement of a Community trade mark (section 143a of the MarkenG), punishable use of indications of geographical origin (section 144 of the MarkenG), unlawful exploitation of copyrighted works (section 106 of the Copyright Act - UrhG), unlawful affixing of designation of author (section 107 of the UrhG), infringement of related rights (section 108 of the UrhG), unlawful exploitation on a commercial scale (section 108a of the UrhG), infringement of technological measures and rights-management information (section 108b of the UrgH), offences under the German Utility Models Act (section 25 of the GebrMG), offences under the German Design Act (section 51 of the DesignG), infringement of a Community design (section 65 of the DesignG), offences under the Patent Act (section 142 of the PatG), offences under the Semiconductor Protection Act (section 10 of the HalbSchG), offences under the Plant Variety Protection Act (section 39 of the SortSchG);

Additions to number 6:

Misdemeanours to prepare a serious violent offence endangering the state (section 89a of the StGB), to form a criminal organisation (section 129 of the StGB), to form a terrorist organisation with the aim of threatening the commission of specified serious offences (section 129a (3) of the StGB) or to support a terrorist organisation (section 129 (5) of the StGB), or any of the above committed in relation to organisations abroad (in conjunction with section 129b (1) of the StGB), as well as misdemeanours committed by a member of a criminal or terrorist organisation under sections 129 or 129a of the StGB, also for criminal or terrorist organisations abroad (in conjunction with section 129b (1) of the StGB).

(Misdemeanours - Vergehen - are offences for which the minimum penalty is imprisonment of less than one year or a fine, cf section 12(2) of the StGB). The following offences, which were already specified in the declaration of 16 September 1998, shall now appear in the following place:

Under number 6:

Trafficking in human beings (sections 232 (1) and (2), 233 (1) and (2), and 233a of the StGB), incitement to make an improper application for asylum (section 84 of the Asylum Procedure Act - AsylVfG), smuggling in foreigners (section 96 of the Residence Act - AufenthG).

The Republic of Portugal withdraws the […] reservation [ on Article 6], contained in the instrument of ratification of the Convention deposited on 19 October 1998.

In accordance with Article 40, paragraph 2, of the Convention, the Republic of Latvia declares that it withdraws its declaration made at the time of deposit of its instrument of ratification, on 1 December 1998, in part concerning the reservation made in pursuance of Article 6, paragraph 4, of the Convention.

For the Netherlands Antilles and for Aruba: In accordance with Article 2, paragraph 2, of the Convention, the Kingdom of the Netherlands declares that it reserves the right not to apply Article 2, paragraph 1, of the Convention with regard to the confiscation of the proceeds from offences punishable under legislation on taxation or on customs and excise.

For the Netherlands Antilles and for Aruba: In accordance with Article 6, paragraph 4, of the Convention, the Kingdom of the Netherlands declares that Article 6, paragraph 1, of the Convention will only be applied to predicate offences that qualify as ‘misdrijven’ (crimes) under the domestic law of the Netherlands Antilles and of Aruba. In accordance with Article 25, paragraph 3, of the Convention, the Kingdom of the Netherlands declares that requests made to the Netherlands Antilles and to Aruba and documents supporting such requests in a language other than Dutch, English, or Spanish be accompanied by a translation into one of these languages.

In accordance with paragraph 2 of Article 2, paragraph 1 of this Article shall apply only to offences provided for in Article 6 as specified in the relevant domestic legislation and which are classified as crimes under Maltese Law.

In accordance with paragraph 4 of Article 6, paragraph 1 of this Article shall apply only to the predicate offences specified in its domestic legislation.

In accordance with paragraph 3 of Article 14, paragraph 2 of this Article shall apply only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with paragraph 2 of Article 21, judicial documents should be served only through its Central Authority which is: The Office of the Attorney General.

In accordance with paragraph 3 of Article 25, it reserves the right to require that requests made to it and documents supporting such request be accompanied by a translation into the English language.

In accordance with paragraph 2 of Article 32, information or evidence provided by it under this Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with Article 40, paragraph 2, of the Convention, the Government of Malta amends/partially withdraws the reservation made in respect of Article 2, paragraph 2, and Article 6, paragraph 4, of the Convention, following a relevant amendment, Legal Notice 176 of 2005, dated 31st May 2005, to the Prevention of Money Laundering Act, Chapter 373, Laws of Malta by which the list of predicate offences was abolished.

In view of the above, the reservation should now read as follows:

In accordance with Article 2, paragraph 2, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence.

In accordance with Article 6, paragraph 4, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence.

The Government of Malta recalls the partial withdrawal of two reservations contained in a Note verbale from the Ministry of Foreign Affairs of Malta, dated 14 June 2006, transmitted by the Permanent Representation of Malta and registered at the Secretariat General on 20 June 2006, and requests that these two reservations be amended to read as follows:

In accordance with Article 2, paragraph 2, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence punishable with more than one year imprisonment.

In accordance with Article 6, paragraph 4, of the Convention, Malta declares that paragraph 1 of this article shall apply to any criminal offence punishable with more than one year of imprisonment.

The Government of Malta submits that the amendments to the reservations have been made necessary following a relevant amendment by Legal Notice 176 of 2005, dated 31 May 2005, to the Prevention of Money Laundering Act, Chapter 373 of the Laws of Malta, by which the list of predicate offences was abolished. An explanatory note containing more detailed legal explanations for the amendments requested follows.

Explanatory Note from the Office of the Attorney General of Malta

The Prevention of Money Laundering Act, Chapter 373 Laws of Malta was amended in 2005 by Legal Notice 176 to the effect that the provisions of the said act apply to ‘criminal activity’ (Art. 2(1)) which in the Second Schedule to the Act is defined as ‘Any criminal offence’ without any further qualification as to the punishment which such an offence entails: (see http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt373.pdf).

The Criminal Code however, in Articles 435A-D, only makes applicable the investigative and coercive measures — investigation and attachment orders, as well as freezing (vide also Art. 23A(2)) and confiscation orders (vide also Art. 23B) — found under the Prevention of Money Laundering Act to ‘relevant offences’. ‘Relevant offences’ are defined in Article 23A(1) of the Criminal Code as offences punishable with more than one year imprisonment : (see http://docs.justice.gov.mt/lom/legislation/english/leg/vol_1/chapt9.pdf).

Consequently it becomes self-evident why the correction is needed, since it ensures an all-embracing ortrayal of the applicable legal scenario in Malta with regards to the implementation of the said Convention.

As the reservation currently stands, it implies that one can issue investigative/coercive measures, when there is no suspicion of a money laundering offence, in relation to an offence (other than money laundering) which carries a maximum punishment of less than one year imprisonment. This is an incorrect interpretation.

Given the relevant articles in the Criminal Code, which come into play in such a scenario, there exists a legal impediment to do so. If the offence is not money-laundering related, investigative and coercive measures may only be taken if the offence carries a maximum punishment of over one year imprisonment. Hence the requested correction.

Article 21

Pursuant to Article 21, paragraph 2 of the Convention, the judicial documents shall be served through the Ministry of Justice.

Article 25

In accordance with Article 25, paragraph 3, the requests and their annexes presented to the Republic of Estonia shall be accompanied by a translation into English. ’

The scope of application of Article 6, paragraph 1, of the Convention shall be extended to include as predicate offences misdemeanours in accordance with the Liechtenstein Narcotics Act as well as misdemeanours pursuant to Articles 304 to 308 of the Liechtenstein Penal Code (corruption offences). The reservation with respect to Article 6, paragraph 1, of the Convention shall henceforth read as follows:

‘In accordance with Article 6, paragraph 4, of the Convention, the Principality of Liechtenstein declares that paragraph 1 of Article 6 shall apply only to predicate offences which are crimes under Liechtenstein law (§ 17 of the Liechtenstein Penal Code), misdemeanours in accordance with the Liechtenstein Narcotics Act or misdemeanours pursuant to Articles 304 to 308 of the Liechtenstein Penal Code (corruption offences).’ ’

The Government of San Marino declares that, on 18 March 2002, the national Parliament of San Marino has approved the amendment of the text of its reservation to Article 25 of the Convention. The reservation now reads as follows:

In accordance with Article 25, paragraph 3, of the Convention, the Republic of San Marino declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Italian or into one of the official languages of the Council of Europe, the accuracy of which must be officially certified. Concerning voluminous documents which are not translated into Italian, the Republic of San Marino reserves the right to request, if appropriate, a translation into Italian or to have the documents translated at the expense of the requesting Party.

The Republic of Poland declares under Article 21, paragraph 2 of the Convention that the methods of transmission referred to in Article 21, paragraph 2, of the Convention shall be applied on its territory only in so far as they are provided for in appropriate international agreements relating to legal assistance between the Republic of Poland and the Party transmitting a judicial document.

The Republic of Poland declares under Article 25, paragraph 3, of the Convention, that all requests and documents transmitted to its authorities under Chapter III of the Convention shall be accompanied by a translation into Polish or into one of the official languages of the Council of Europe.

The Republic of Poland declares under Article 32, paragraph 2, of the Convention that information and evidence transmitted for the execution of a request filed pursuant to Chapter III of the Convention shall, without its prior consent, not be used for purposes other than those specified in the request.

The Slovak Republic declares that Article 14, paragraph 3, shall apply only subject to the constitutional principles and the basic concepts of the Slovak legal system.

The Slovak Republic declares that the serving of written documents to persons on the territory of the Slovak Republic pursuant to the modalities set forth in Article 21, paragraph 2, letter a) and letter b), shall be possible only insofar as provided for in other bilateral and multilateral international treaties, which are binding for the Slovak Republic and for the Party transmitting the written document.

The Slovak Republic declares that it reserves the right to require that the requests and documents supporting such requests be accompanied by a translation into the Slovak language, the English language or the French language.

The Slovak Republic declares that any information or evidence provided by it in accordance with this Convention may not be, without its prior consent, used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

The Slovak Republic declares that the new body to which requests under Chapter III Section 2 of the Convention should be sent in the Slovak Republic is the following:

Prezidium Policajného zboru (Presidium of the Poliice Force)

Úrad boja proti organizovanej kriminalite (Office for Combating Organised Crime)

Spavodajská jednotka financnej policie (Financial Intelligence Unit)

Racianska 45

812 72 Bratislava

Slovenská republika (Slovak Republic)

In accordance with Article 2, paragraph 2, and Article 6, paragraph 4, of the Convention, Article 2, paragraph 1, and Article 6, paragraph 1, of the Convention shall apply only to the offences mentioned in Article 8-1, item 1), of the Law of 19 February 1973 concerning the sale of medicinal substances and the fight against drug addiction, and in Article 506-1, item 1), of the Penal Code.

In accordance with Article 21, paragraph 2, of the Convention, the procedures provided in subparagraphs a and b of this paragraph, relating to the service of judicial documents to persons affected by provisional and confiscation measures, and who are in the territory of Luxembourg, shall be permitted only in the case where, in the relations between Luxembourg and the other State, they are foreseen by another treaty governing international mutual assistance in criminal matters.

Concerning Article 25, paragraph 3, of the Convention, requests and documents supporting such requests must be drawn up in French or in German or be accompanied by a translation into French or German.

In accordance with Article 32, paragraph 2, of the Convention, the information or evidence obtained from Luxembourg under Chapter III of the Convention shall not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

In accordance with Article 23, paragraph 2, of the Convention, the General State Prosecutor is designated as the central authority responsible for sending the requests under Chapter III of the Convention as well as for answering those sent to Luxembourg under the same Chapter, to execute them or transmit them to the authorities which are competent for their execution in accordance with Article 23, paragraph 1, of the Convention.

In accordance with Article 20, paragraph 2, of the Convention, the Government of Luxembourg partially withdraws its reservation made on 12 September 2001 at the time of ratification of the Convention. The reservation now reads as follows:

In accordance with Article 6, paragraph 4, of the Convention, Article 6, paragraph 1, of the Convention shall apply only to the offences mentioned in Article 8-1, item 1), of the Law of 19 February 1973 concerning the sale of medicinal substances and the fight against drug addiction, and in Article 506-1, item 1), of the Penal Code.

The Republic of Moldova declares that the Convention will not be applied on the territory effectively controlled by the organs of the self-proclaimed Moldavan Dniestrian Republic until the final settlement of the conflict in this region.

In accordance with Article 14, paragraph 3, of the Convention, Romania declares that Article 14, paragraph 2, shall apply only subject to the constitutional principles and the basic concepts of the Romanian legal system.

In accordance with Article 21, paragraph 2, of the Convention, Romania declares that the service of judicial documents shall be effected only through the central authority, which is the Ministry of Justice. For the requests of assistance formulated in pre-trial investigation, the service shall be effected through the General Prosecutor's Office to the Supreme Court of Justice.

In accordance with Article 25, paragraph 3, of the Convention, Romania declares that the requests forwarded to the Romanian authorities and the documents supporting such requests shall be accompanied by a translation in Romanian or into one of the official languages of the Council of Europe.

In accordance with Article 32, paragraph 2, of the Convention, Romania declares that the information or the evidence provided by Romania under Chapter III of the Convention may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request without its prior consent.

Article 2

In accordance with Article 2, paragraph 2, of the Convention, the Principality of Monaco declares that paragraph 1 of this article shall apply only to the laundering of the proceeds of an offence as provided and punished by Articles 218 to 218-3 of the Penal Code of the Principality of Monaco and to the laundering of the proceeds from drug trafficking as provided and punished by Articles 4-1 b, 4-3 and 4-4 of Law No. 890 of 1 July 1970 on narcotics as amended by Law No. 1157 of 23 December 1992.

Article 6

In accordance with Article 6, paragraph 4, of the Convention, the Principality of Monaco declares that the paragraph 1 of this article shall apply only to the laundering of the proceeds of an offence as provided and punished by Articles 218 to 218-3 of the Penal Code of the Principality of Monaco and to the laundering of the proceeds from drug trafficking as provided and punished by Articles 4-1 b, 4-3 and 4-4 of Law No. 890 of 1 July 1970 on narcotics as amended by Law No. 1157 of 23 December 1992.

Article 14

In accordance with Article 14, paragraph 3, of the Convention, the Principality of Monaco declares that Article 14, paragraph 2, shall apply only subject to its constitutional principles and the basic concepts of its legal system.

Article 21

In accordance with Article 21, paragraph 2b, of the Convention, the Principality of Monaco declares that the service of judicial documents must be effected through the competent authorities of Monaco.

Article 25

In accordance with Article 25, paragraph 3, of the Convention, the requests mentioned in Section 7 of this Convention and their supporting documents shall be accompanied by a translation in French language.

Article 32

In accordance with Article 32, paragraph 2, of the Convention, the Principality of Monaco declares that information or evidence provided by it under Section 7 of this Convention may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request. ’

In accordance with Article 14, paragraph 3, of the Convention, the Russian Federation declares that Article 14, paragraph 2, of the Convention shall apply only subject to its constitutional principles and the basic concepts of its legal system.

In accordance with Article 21, paragraph 2, of the Convention, the Russian Federation declares that the service of judicial documents should be effected through the Ministry of Justice of the Russian Federation.

In accordance with Article 25, paragraph 3, of the Convention, the Russian Federation declares that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into Russian or English.

In accordance with Article 6, paragraph 4, of the Convention, the Republic of Azerbaijan declares that paragraph 1 of Article 6 shall apply only to the predicate offences specified in the criminal legislation of the Republic of Azerbaijan.

In accordance with Article 14, paragraph 3, of the Convention, the Republic of Azerbaijan declares that the provisons of Article 14, paragraph 2, of the Convention shall apply only subject to the constitutional principles of the Republic of Azerbaijan.

In accordance with Article 21, paragraph 2, of the Convention, the Republic of Azerbaijan declares that judicial documents shall be served through the Ministry of Justice of the Republic of Azerbaijan.

In accordance with Article 25, paragraph 3, of the Convention, the Republic of Azerbaijan declares that requests and documents supporting such requests shall be accompanied by a translation into Azerbaijani or English.

In accordance with Article 32, paragraph 2, of the Convention, the Republic of Azerbaijan declares that information or evidence provided by the Republic of Azerbaijan may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

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

In accordance with paragraph 2 of Article 23 of the Convention, the Republic of Armenia communicates that the central authorities designated in pursuance of paragraph 1 of Article 23 are:

The Government of Turkey brings to the attention of the Secretariat that, due to a technical error on its part, the reservations and declarations were only transmitted to the Secretary General after depositing the instrument of ratification, while they were supposed to be submitted concurrently.

The Republic of Turkey underlines the close connection among drug trafficking, organized crime and terrorism, and declares that it expects the Convention to be applied to the terrorist acts as mentioned in the Resolution No. 3, adopted at the 16th Conference of European Ministers of Justice held in 1988.

In accordance with Article 2, paragraph 2, the Republic of Turkey declares that Article 2, paragraph 1, shall only apply to offences defined in its domestic legislation.

In accordance with Article 6, paragraph 4, the Republic of Turkey declares that Article 6, paragraph 1 shall only apply to offences defined in its domestic legislation.

In accordance with Article 14, paragraph 3, the Republic of Turkey declares that Article 14, paragraph 2, shall only apply to the extent that its application is compatible with the constitutional principles and the basic legal concepts of the Republic of Turkey.

In accordance with Article 21, paragraph 2, the Republic of Turkey declares that the procedures set out in parts a and b of this paragraph concerning the transmission and serving of judicial documents to persons affected by provisional measures and confiscations shall be allowed in respect of persons in Turkish territory only when they are provided for in Turkish legislation or in relevant international agreements relating to mutual assistance in criminal matters between the Republic of Turkey and the Party transmitting the judicial documents, otherwise the judicial documents shoud[lees: should] be served through its central authority.

In accordance with Article 25, paragraph 3, the Republic of Turkey declares that requests submitted to it and documents supporting such requests should be accompanied by a translation into Turkish or English.

In accordance with Article 32, paragraph 2, the Republic of Turkey declares that information or evidence provided by Turkish authorities under Chapter III of the Convention may not, without the prior consent of the competent Turkish authorities, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the requests.

Pursuant to Article 14, paragraph 3, of the Convention, paragraph 2 thereof shall apply only subject to the constitutional principles and the basic legal concepts of the legal system of Serbia and Montenegro.

The serving of judicial documents as set out in Article 21, paragraph 2, of the Convention, shall be allowed in Serbia and Montenegro only if envisaged under another bilateral or multilateral agreement.

Pursuant to Article 25, paragraph 3, Serbia and Montenegro declares that requests made to it and documents supporting such requests shall be accompanied by a translation into Serbian or English.

Pursuant to Article 32, paragraph 2, of the Convention, without its prior consent, information and evidence provided by Serbia and Montengro under this chapter may not be used or transmitted by the authorities of the requesting State in investigations or proceedings other than those specified in the request.

Pursuant to Article 14, paragraph 3, of the Convention, paragraph 2, thereof shall apply only subject to the constitutional principles and the basic legal concepts of the legal system of Serbia.

The serving of judicial documents as set out in Article 21, paragraph 2, of the Convention, shall be allowed in Serbia only if envisaged under another bilateral or multilateral agreement.

Pursuant to Article 25, paragraph 3, Serbia declares that requests made to it and documents supporting such requests shall be accompanied by a translation into Serbian or English.

Pursuant to Article 32, paragraph 2, of the Convention, without its prior consent, information and evidence provided by Serbia under this chapter may not be used or transmitted by the authorities of the requesting State in investigations or proceedings other than those specified in the request.

Pursuant to Article 14, paragraph 3, of the Convention, paragraph 2 thereof shall apply only subject to the constitutional principles and the basic legal concepts of the legal system of Montenegro.

The serving of judicial documents as set out in Article 21, paragraph 2, of the Convention, shall be allowed in Montenegro only if envisaged under another bilateral or multilateral agreement.

Pursuant to Article 25, paragraph 3, Montenegro declares that requests made to it and documents supporting such requests shall be accompanied by a translation into Serbian or English.

Pursuant to Article 32, paragraph 2, of the Convention, without its prior consent, information and evidence provided by Montenegro under this chapter may not be used or transmitted by the authorities of the requesting State in investigations or proceedings other than those specified in the request.

In accordance with paragraph 3 of Article 14 of the Convention, the Republic of Kazakhstan declares that it applies paragraph 2 of Article 14 of the Convention in accordance with its constitutional principles and basic concepts of its legal system.