Einde inhoudsopgave
Verdrag van de Raad van Europa inzake het witwassen, de opsporing, de inbeslagneming en de confiscatie van opbrengsten van misdrijven en de financiering van terrorisme
Partijen en gegevens
Geldend
Geldend vanaf 01-05-2008
- Redactionele toelichting
De partijen en gegevens zijn afkomstig van de Verdragenbank (verdragenbank.overheid.nl).
- Bronpublicatie:
16-05-2005, Trb. 2006, 104 (uitgifte: 12-05-2006, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-05-2008
- Bronpublicatie inwerkingtreding:
22-09-2008, Trb. 2008, 182 (uitgifte: 01-01-2008, kamerstukken/regelingnummer: -)
- Vakgebied(en)
EU-recht / Bijzondere onderwerpen
Internationaal strafrecht / Bijzondere onderwerpen
Internationaal strafrecht / Europees strafrecht en strafprocesrecht
Bronnen
Trb. 2006, 104
Trb. 2008, 182
Trb. 2010, 328
Trb. 2012, 87
Trb. 2016, 5
Partijen
Partij | Datum inwerkingtreding | Voorbehoud |
---|---|---|
Albanië | 01-05-2008 | |
Armenië | 01-10-2008 | |
Azerbeidzjan | 01-12-2017 | |
België | 01-01-2010 | |
Bosnië en Herzegovina | 01-05-2008 | |
Bulgarije | 01-06-2013 | |
Cyprus | 01-07-2009 | |
Denemarken | 01-06-2018 | |
Duitsland | 01-10-2017 | |
Estland | 01-01-2023 | |
Frankrijk | 01-04-2016 | |
Georgië | 01-05-2014 | |
Griekenland | 01-03-2018 | |
Hongarije | 01-08-2009 | |
Italië | 01-06-2017 | |
Kroatië | 01-02-2009 | |
Letland | 01-06-2010 | |
Litouwen | 01-08-2020 | |
Malta | 01-05-2008 | |
Marokko | 01-08-2022 | |
Moldavië | 01-05-2008 | |
Monaco | 01-08-2019 | |
Montenegro | 01-02-2009 | |
het Koninkrijk der Nederlanden (het Europese deel van Nederland) | 01-12-2008 | |
Noord-Macedonië | 01-09-2009 | |
Oekraïne | 01-06-2011 | |
Oostenrijk | 01-11-2020 | |
Polen | 01-05-2008 | |
Portugal | 01-08-2010 | |
Roemenië | 01-05-2008 | |
Russische Federatie | 01-01-2018 | |
San Marino | 01-11-2010 | |
Servië | 01-08-2009 | |
Slovenië | 01-08-2010 | |
Slowakije | 01-01-2009 | |
Spanje | 01-07-2010 | |
Turkije | 01-09-2016 | |
Verenigd Koninkrijk | 01-08-2015 | |
Zweden | 01-10-2014 |
Voorbehouden, verklaringen en bezwaren
1 | Ratificatie door Armenië onder de volgende verklaring:
Armenië heeft op 23-10-2017 de volgende verklaring afgelegd: The Republic of Armenia declares that the unit which acts as financial intelligence unit, designated pursuant to Article 46, paragraph 13, of the Convention, is the Financial Monitoring Center of the Central Bank of the Republic of Armenia. Date of effect of the declaration: 23 October 2017. |
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2 | Ratificatie door Malta onder de volgende verklaring: In accordance with Article 3, paragraph 2, of the Convention, Malta declares that Article 3, paragraph 1, shall apply only in so far as the offence is punishable by deprivation of liberty or a detention order for a maximum of more than one year. In accordance with Article 9, paragraph 4, of the Convention, Malta declares that Article 9, paragraph 1, shall apply only in so far as the offence is punishable by deprivation of liberty or a detention order for a maximum of more than one year. In accordance with Article 24, paragraph 3, of the Convention, Malta declares that Article 24, paragraph 2, shall apply subject to Malta's constitutional principles and to the basic concepts of the Maltese legal system. In accordance with Article 33, paragraph 2, of the Convention, Malta declares that the central authority designated in pursuance of paragraph 1 is: The Office of the Attorney General Attorney General's Chambers The Palace Valletta Malta In accordance with Article 35, paragraph 3, of the Convention, the Government of Malta declares that requests and annexed documents should be addressed to it accompanied by a translation into English. In accordance with Article 42, paragraph 2, of the Convention, the Government of Malta declares that 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. Malta heeft op 02-11-2017 de volgende verklaring afgelegd: The Republic of Malta declares that the unit fulfilling the role and functions of a financial intelligence unit (FIU) within the meaning of Article 46 of the Convention in Malta is the Financial Intelligence Analysis Unit (FIAU): Financial Intelligence Analysis Unit - FIAU |
3 | Ratificatie door Moldavië onder de volgende verklaring: In accordance with Article 24, paragraph 3, of the Convention, the Republic of Moldova declares that the provisions of Article 24, paragraph 2, shall apply only subject to the constitutional principles and the basic concepts of the Republic of Moldova's legal system. In accordance with Article 35, paragraphs 1 and 3, of the Convention, the Republic of Moldova declares that acceptable languages for the requests for legal assistance and for the documents supporting such requests are: Moldavian, English or Russian. In accordance with Article 42, paragraph 2, of the Convention, the Republic of Moldova declares that information and evidence provided under the provisions of Chapter IV of the Convention may not be used or transmitted without the Republic of Moldova's consent, by the authorities of the requesting Party in investigations or proceedings other than those specified in the request. In accordance with Article 51, paragraph 1, of the Convention, the Republic of Moldova declares that, until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory effectively controlled by the authorities of the Republic of Moldova. In accordance with Article 53, paragraph 4, of the Convention, the Republic of Moldova declares that the provisions of Article 3, paragraph 4, shall apply only partially, in conformity with the principles of the domestic law. In accordance with Article 53 of the Convention, with reference to the provisions of Article 31, the Republic of Moldova declares that notification of judicial documents, as well as of those received by national authorities, shall effect through the:
Moldavië heeft op 24-10-2014 de volgende verklaring afgelegd: National Anticorruption Center bld Stefan cel Mare 198, MD-2004, Chisinau, Republic of Moldova Ministry of Justice str. 31 August 1989, nr. 82, MD-2012, Chisinau, Republic of Moldova General Prosecutor's Office str. Banulescu Bodoni 26, MD-2012, Chisinau, Republic of Moldova Office for the prevention and fight against money laundering, National Anticorruption Center bld Stefan cel Mare si Sfînt 198, MD-2004, Chisinau, Republic of Moldova email: spcsb@spcsb.cna.md, tel: +373 22 257 206, fax: +373 22 257 318 |
4 | Ratificatie door het Koninkrijk der Nederlanden onder de volgende verklaring: In accordance with Article 3, paragraph 2, of the Convention, the Kingdom of the Netherlands declares that it reserves the right not to apply Article 3, 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 9, paragraph 4, of the Convention, the Kingdom of the Netherlands declares that Article 9, 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 35, 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 shall be accompanied by a translation into one of these languages. In accordance with Article 33, paragraph 2, of the Convention, the central authority, referred to in Article 33, paragraph 1, designated for the Netherlands (the Kingdom in Europe) is: Ministry of Justice Afdeling Internationale Rechtshulp in Strafzaken P.O. Box 20301 2500 EH The Hague The Netherlands In accordance with Article 46, paragraph 13, of the Convention, the Financial Intelligence Unit designated for the Netherlands (the Kingdom in Europe) is: Financial Intelligence Unit Nederland P.O. Box 3016 2700 KZ Zoetermeer The Netherlands Inwerkingtreding voor het Caribische deel van Nederland vanaf 10-10-2010 en voor Aruba vanaf 01-06-2015. Het Koninkrijk der Nederlanden heeft op 28-09-2010 de volgende verklaring afgelegd: The Kingdom of the Netherlands currently consists of three parts : the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba. With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do. These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten. The other islands that have until now formed part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - will become parts of the Netherlands, thus constituting ‘the Caribbean part of the Netherlands’. The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements. In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands. Het Koninkrijk der Nederlanden heeft op 09-01-2012 de volgende verklaring afgelegd: In accordance with Article 9, paragraph 4, of the Convention, the Kingdom of the Netherlands declares that Article 9, paragraph 1, of the Convention will only be applied to predicate offences that qualify as ‘misdrijven’ (crimes) under the domestic law of the European part of the Netherlands or under the domestic law of the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). In accordance with Article 35, paragraph 3, of the Convention, the Kingdom of the Netherlands declares that requests made to the European part of the Netherlands and documents supporting such requests in a language other than Dutch, French or English shall be accompanied by a translation into one of these languages. In accordance with Article 35, paragraph 3, of the Convention, the Kingdom of the Netherlands declares that requests made to the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) and documents supporting such requests in a language other than Dutch, English or Spanish shall be accompanied by a translation into one of these languages. In accordance with Article 33, paragraph 2, of the Convention, the central authority, referred to in Article 33, paragraph 1, designated for the European part of the Netherlands and for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) is: Ministerie van Veiligheid en Justitie (Ministry of Security and Justice) Afdeling Internationale Rechtshulp in Strafzaken P.O. Box 20301 2500 EH The Hague The Netherlands In accordance with Article 46, paragraph 13, of the Convention, the Financial Intelligence Unit designated for the European part of the Netherlands and for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) is: Financial Intelligence Unit Nederland P.O. Box 3016 2700 KZ Zoetermeer The Netherlands The reservation made by the Kingdom of the Netherlands at the time of acceptance of the Convention, on 13 August 2008, is confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The reservation remains valid for the European part of the Netherlands. Het Koninkrijk der Nederlanden heeft op 19-02-2015 de volgende verklaring afgelegd: In conformity with the provisions of Article 51, paragraph 2, of the Convention, the Kingdom of the Netherlands accepts the Convention for Aruba. In accordance with Article 3, paragraph 2, of the Convention, the Kingdom of the Netherlands, for Aruba, declares that it reserves the right not to apply Article 3, 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 9, paragraph 4, of the Convention, the Kingdom of the Netherlands, for Aruba, declares that Article 9, paragraph 1, of the Convention will only be applied to predicate offences that qualify as ‘misdrijven’ (crimes) under the domestic law of Aruba. In accordance with Article 35, paragraph 3, of the Convention, the Kingdom of the Netherlands, for Aruba, declares that requests made to Aruba and documents supporting such requests in a language other than Dutch, English or Spanish shall be accompanied by a translation into one of these languages. In accordance with Article 33, paragraph 2, of the Convention, the central authority referred to in Article 33, paragraph 1, designated for Aruba is: De Procureur-Generaal van Aruba Havenstraat 2 Oranjestad, Aruba Telephone: +297-521-4100 Fax: +297-521-4190 Email: irh@omaruba.aw In accordance with Article 46, paragraph 13, of the Convention, the Financial Inteligence Unit designated for Aruba is: Meldpunt Ongebruikelijke Transacties (MOT) P.O. Box 462 Oranjestad, Aruba Telephone: +297-583-3115 / +297-583-3206 / +297-583-3471 Fax: +297-583-7637 Email: mot.aruba@setarnet.aw / mot@aruba.gov.aw |
5 | Ratificatie door Polen onder de volgende verklaring:
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6 | Roemenië heeft op 16-04-2007 de volgende verklaring afgelegd:
Roemenië heeft 27-04-2022 de volgende autoriteit aangewezen: Central authority: Updating of contact information: (Article 33, FIU) National Office for Prevention and Combating of Money Laundering […] |
7 | Ratificatie door Slowakije onder de volgende verklaring: In accordance with Article 53, paragraph 4, and Article 3, paragraph 4, the Slovak Republic declares that it does not apply the right to require that, in respect of a serious offence or offences as defined by the national law, an offender demonstrates the origin of alleged proceeds or other property liable to confiscation. In accordance with Article 53, paragraph 2, the Slovak Republic reserves the right not to apply in whole the procedure under Article 7, paragraph 2, sub-paragraph c). In accordance with Article 53, paragraph 2, and Article 9, paragraph 6, the Slovak Republic reserves the right, while sentencing the person for money laundering, to exactly specify a predicate criminal offence that gave rise to property subject to Article 9, paragraph 1, sub-paragraphs a) or b). In accordance with Article 53, paragraph 1, and Article 24, paragraph 3, the Slovak Republic declares that Article 24, paragraph 2, shall be only subject to its constitutional principles and the basic concepts of its legal system. In accordance with Article 53, paragraph 1, and Article 31, paragraph 2, the Slovak Republic declares that it does not accept the procedure of serving the judicial documents mentioned in Article 31, paragraph 2, sub paragraphs a) and b). In accordance with Article 33, paragraph 1, the Slovak Republic informs that the competent authorities are: Ministry of Justice of the Slovak Republic Zupné námestie 13 813 11 Bratislava Slovakia and General Prosecutor's Office of the Slovak Republic Stúrova 2 812 85 Bratislava Slovakia In accordance with Article 53, paragraph 1, and Article 35, paragraph 1, the Slovak Republic declares that the competent authorities will start to proceed upon the request of the foreign authority delivered to them by fax or in electronic form, provided they do not doubt its authenticity and the case is of urgent character. Subsequently, the original copy of the request has to be delivered within the period laid down by the requested authority unless it drops the requirement of submitting such original copy. In accordance with Article 53, paragraph 1, and Article 35, paragraph 3, the Slovak Republic declares that it reserves the right that requests made to it and documents supporting such requests be accompanied by a translation into the Slovak language. In urgent cases they can be sent with a translation into the English language. In accordance with Article 53, paragraph 1, and Article 42, paragraph 2, the Slovak Republic declares that without its prior consent the information or evidence provided under Chapter IV of this Convention may not be used or forwarded by the authorities of the requesting Party in investigations or criminal proceedings other than those specified in the request. In accordance with Article 46, paragraph 13, the Slovak Republic declares that the financial intelligence unit shall be: Police Force Presidium Bureau of Combating Organized Crime Financial Intelligence Unit Racianska 45 812 72 Bratislava Slovakia Slowakije heeft op 03-09-2020 de volgende gewijzigde autoriteit aangewezen: Central Authority Updating of contact information: (Article 33) Ministry of Justice of the Slovak Republic […] Slowakije heeft op 22-11-2023 de volgende verklaring afgelegd: The Slovak Republic withdraws its reservation to Article 7, paragraph 2, sub-paragraph c, made in accordance with Article 53, paragraph 2, of the Convention, at the time of ratification of said convention. |
8 | Ratificatie door Kroatië onder de volgende verklaring: In accordance with Article 24, paragraph 3, of the Convention, the Republic of Croatia declares that Article 24, paragraph 2 of the Convention, applies only subject to the constitutional principles and the basic concepts of the Republic of Croatia's legal system. In accordance with Article 33, paragraph 2, of the Convention, the Republic of Croatia declares that the central authorities designated in pursuance of paragraph 1 of Article 33 of the Convention are the Ministry of the Interior, Police Directorate, Criminal Police Department, Ilica 335, Zagreb, and State Attorney's Office of the Republic of Croatia, Gajeva 30a, Zagreb. In accordance with Article 35, paragraph 3, of the Convention, the Republic of Croatia declares that requests and documents supporting such requests should be accompanied by a translation into the Croatian language or, if this is not possible, into the English language. In accordance with Article 42, paragraph 2, of the Convention, the Republic of Croatia declares that, without its prior consent, information or evidence may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request. Kroatië heeft op 05-07-2019 de volgende verklaring afgelegd: The Republic of Croatia declares that in accordance with Article 46, paragraph 13, of the Convention, Croatia notifies as Financial Intelligence Unit (FIU) the Anti Money Laundering Office (Ured za sprječavanje pranja novca). |
9 | Ratificatie door Montenegro onder de volgende verklaring: In accordance with Article 33, paragraph 2, of the Convention, Montenegro designates the Ministry of Justice and the Directorate Against Money Laundering and Against the Financing of Terrorism as the central authorities responsible for carrying out the functions foreseen by this Convention: Ministry of Justice Vuka Karadzica 3 81 000 Podgorica Tel. +382 20 407 501 Fax +382 20 407 515 Directorate Against Money Laundering and Against the Financing of Terrorism Novaka Miloseva bb 81 000 Podgorica Tel. +382 20 210 025 Fax +382 20 210 086 |
10 | Ratificatie door Cyprus onder de volgende verklaringen:
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11 | Ratificatie door Hongarije onder de volgende verklaring: The Republic of Hungary reserves the right that Article 3, paragraph 2, of the Convention will apply only to offences specified in the Criminal Code of Hungary. In accordance with Article 9, paragraph 4, of the Convention, the Republic of Hungary reserves the right that Article 9, paragraph 4 shall apply only in so far as the offence is punishable by deprivation of liberty. The Republic of Hungary reserves the right not to apply the provisions of Article 9, paragraph 6, of the Convention. In accordance with Article 24, paragraph 3, of the Convention, the Republic of Hungary declares that the provisions of Article 24, paragraph 2, shall apply only subject to the constitutional principles and the basic concepts of the Hungarian legal system. In accordance with Article 31, paragraph 2, of the Convention, the Republic of Hungary declares that judicial documents must be delivered through the Ministry of Justice and Law Enforcement as Central Authority. In accordance with Article 35, paragraph 3, of the Convention, the Republic of Hungary reserves the right that the requests and the documents supporting such requests shall be in Hungarian or in one of the official languages of the Council of Europe or they shall be accompanied by a translation into one of these languages. Concerning those Member States which accept requests not solely in their own official languages or requests accompanied by a translation into one of these languages, the Republic of Hungary accepts the request in English, in French or in German or with a translation into one of these languages. In accordance with Article 42, paragraph 2, of the Convention, the Republic of Hungary declares that the information and evidence provided under the provisions of Chapter IV of the Convention may not be used or transmitted for any purpose other than investigations or proceedings in the request by the authorities of the requesting Party without the prior consent of the authority which provided the information or evidence. In accordance with Article 33, paragraph 2, of the Convention, the Republic of Hungary informs the Secretary General of the Council of Europe that the Central Authorities designated are:
In accordance with Article 46, paragraph 13, of the Convention, the Republic of Hungary designates the Hungarian Customs and Finance Guard Central Criminal Investigation Bureau as domestic financial intelligence unit. Hongarije heeft op 18-01-2018 de volgende verklaring afgelegd: The Republic of Hungary, in accordance with Article 53, paragraph 6, of the Convention, withdraws the following reservation, made at the time of deposit of the instrument of ratification, on 14 April 2009: ‘In accordance with Article 9, paragraph 4, of the Convention, the Republic of Hungary reserves the right that Article 9, paragraph 4 shall apply only in so far as the offence is punishable by deprivation of liberty.’ |
12 | Ratificatie door Servië onder de volgende verklaring: The Republic of Serbia will designate its central authorities under Article 33 of the Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism as soon as possible after the deposit of its instrument of ratification. Servië heeft op 16-07-2009 de volgende verklaring afgelegd: In accordance with Article 33 of the Convention, Serbia designates as central authorities in charge of the implementation of the Convention: Ministry of Interior of the Republic of Serbia Directorate of Crime Police Department for the fight against organized crime Bulevar Mihajla Pupina 2 11070 Novi Beograd Tel./Fax: +381 11 31 48 66 Ministry of Finances of the Republic of Serbia Directorate for the prevention of money laundering Masarikova 2 11000 Beograd Tel.: +381 11 20 60 151 Fax: +381 11 20 60 150 Email: uprava@apml.org.rs Internet: www.apml.org.rs |
13 | Ratificatie door Noord-Macedonië onder de volgende verklaring: In accordance with Article 24, paragraph 3, of the Convention, the Republic of Macedonia declares that Article 24, paragraph 2, of the Convention, applies only subject to the constitutional principles and the basic concepts of the legal system of the Republic of Macedonia. In accordance with Article 33, paragraph 2, of the Convention, the Republic of Macedonia has designated the Ministry of Justice and the Office for Prevention of Money Laundering and Financing of Terrorism at the Ministry of Finance of the Republic of Macedonia as the central authorities responsible for carrying out the functions foreseen by this Convention: Ministry of Justice of the Republic of Macedonia ’Dimitrie Cuposki’Nø 9 1000 Skopje Tel. +389 (0)2 3117-277 Fax. +389 (0)2 3226-975 Office for Prevention of Money Laundering and Financing of Terrorism at the Ministry of Finance of the Republic of Macedonia ’Veljko Vlahovic’ Nø 11 1000 Skopje Tel. +389 (0)2 3297-540 Fax. +389 (0)2 3224-824. In accordance with Article 35, paragraph 3, of the Convention, the Republic of Macedonia declares that requests and annexed documents supporting such requests should be accompanied by a translation into the Macedonian language, or if this is not possible, they can be sent with a translation into the English language. In accordance with Article 42, paragraph 2, of the Convention, the Government of the Republic of Macedonia declares that 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. |
14 | Ratificatie door België onder de volgende verklaring: Belgium declares that the central authority designated under Article 33, paragraph 2, of the Convention, is the Service Public Fédéral Justice, Direction générale Législation, Libertés et Droits fondamentaux, Service de coopération internationale pénale, Boulevard de Waterloo 115, B-1000 BRUXELLES. Belgium declares that the unit which acts as FIU, designated pursuant to Article 46, paragraph 13, of the Convention, is the Cellule de traitement de informations financières (Belgian Financial Intelligence Unit), Avenue de la Toison d'Or 55 (boîte 1), B-1060 BRUXELLLES. |
15 | Ratificatie door Letland onder de volgende verklaring: In accordance with Article 24, paragraph 3, of the Convention, the Republic of Latvia declares that Article 24, paragraph 2, of the Convention, applies only subject to the constitutional principles and the basic concepts of the Republic of Latvia's legal system In accordance with Article 31, paragraph 2, of the Convention, the Republic of Latvia declares that in the pre-trial criminal proceedings the official serving of judicial documents is made by the Prosecutor General's Office of the Republic of Latvia. In the adjudication of a case the official serving of judicial documents is made by the Ministry of Justice of the Republic of Latvia. In accordance with Article 33, paragraph 2, of the Convention, the Republic of Latvia declares that the central authorities designated are as follows: In the pre-trial criminal proceedings up to the commencement of criminal prosecution: State Police Ciekurkalna 1st line 1, k-4 Riga, LV-1026 Latvia Phone: +371 67075212 Fax: +371 67371227 E-mail: kanc@vp.gov.lv Website : www.vp.gov.lv In the pre-trial criminal proceedings up to the transfer of a case to the court: Prosecutor General's Office Kalpaka Blvd. 6 Riga, LV-1801 Latvia Phone: +371 67044400 Fax: +371 67044449 E-mail: webmaster@lrp.gov.lv Website : www.lrp.gov.lv In the adjudication of a case: Ministry of Justice Brivibas Blvd. 36 Riga, LV-1536 Latvia Phone: +371 67036801 Fax: +371 67285575 E-mail: tm.kanceleja@tm.gov.lv Website : www.tm.gov.lv In accordance with Article 35, paragraph 3, of the Convention, the Republic of Latvia declares that requests made to the Republic of Latvia and documents supporting such requests shall be accompanied by a translation into Latvian or into English. In accordance with Article 42, paragraph 2, of the Convention, the Republic of Latvia declares that, without its prior consent, information or evidence provided by it may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request. Letland heeft op 01-06-2016 de volgende verklaring afgelegd: Financial Intelligence Unit: Office for the Prevention of Laundering of Proceeds derived from Criminal Activity, Raiņa Boulevard 15, LV - 1050 Riga KD@kd.gov.lv |
16 | Ratificatie door Spanje onder de volgende verklaring: If this Convention were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:
In accordance with Article 33, paragraph 2, of the Convention, Spain declares that the central authority designated is the "Subdirección General de Cooperación Jurídica Internacional" of the Ministry of Justice. Spanje heeft op 31-03-2017 de volgende autoriteit aangewezen: Financial Intelligence Unit : Servicio Ejecutivo de la Comisión de Prevención del Blanqueo de Capitales e infracciones Monetarias (SEPBLAC) |
17 | Ratificatie door Portugal onder de volgende verklaring: In accordance with Article 17 of the Convention, the Portuguese Republic declares that the referred disposition applies only to the categories of infractions contained in the Appendix to the Convention, as defined by its legislation. In accordance with Article 31, paragraph 2, of the Convention, the Portuguese Republic declares that its application is subordinate to the existence of bilateral or multilateral conventions on judiciary mutual assistance between the Portuguese Republic and the Party of origin. In accordance with Article 33 of the Convention, the Portuguese Republic declares that, for its purposes, the central authority is the Procuradoria-Geral da República, situated on the Rua Escola Politécnica, 140, 1269-269, Lisbon. In accordance with Article 35 of the Convention, the Portuguese Republic declares that, for its purposes, the requirements and documents annexed which are addressed to it should be accompanied by the respective translation into Portuguese or into one of the Council of Europe's official languages. In accordance with Article 42 of the Convention, the Portuguese Republic declares that the information or elements of proof rendered by the Portuguese State cannot, without its consent, be used or transmitted by the applicant authorities of the Party aimed at investigation or procedures different from those specified in the requirement. In accordance with Article 46, paragraph 13, of the Convention, the Portuguese Republic declares that, for its purposes, the unit which is the FIU is the Unidade de Informação Financeira, situated on Rua Luciano Cordeiro, 77, 1150-213, Lisbon. |
18 | Ratificatie door Slovenië onder de volgende verklaring: Pursuant to Article 33, paragraph 1, of the Convention, the Republic of Slovenia declares that the central authority, responsible for sending and answering requests made under the Chapter IV, the execution of such requests or the transmission of them to the authorities competent for their execution, is: Ministry of Finance - Office for Money Laundering Prevention Cankarjeva 5, 1001 Ljubljana Phone: +386 (1) 200 18 00 Fax: +386 (1) 425 20 87 E-mail: mf.uppd@mf-rs.si Pursuant to Article 35, paragraph 1, of the Convention, the Republic of Slovenia declares that it is ready to accept and execute requests received electronically or by other means of communication under the condition that the request was sent by a secure e-mail, in an encrypted form (e.g.: PGP key - Pretty Good Privacy or other equivalent commonly accepted mode of encoding) or by a protected network, as are ESW (Egmont Secure Web) and FIU-net. Pursuant to Article 35, paragraph 3, of the Convention, the Republic of Slovenia declares that it reserves the right to require that the requests and documents supporting such requests, addressed to the central authority of the Republic of Slovenia are accompanied by a translation into Slovenian or English language. Pursuant to Article 42, paragraph 2, of the Convention, the Republic of Slovenia declares that, without its prior consent, information or evidence provided by it under the Chapter IV, may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request. Pursuant to Article 53, paragraph 4a, of the Convention, the Republic of Slovenia declares that it reserves the right not to apply Article 3, paragraph 4, of the Convention. Slovenië heeft op 27-06-2016 de volgende autoriteit aangewezen: Financial Intelligence Unit: Ministry of Finance Office for Money Laundering Prevention Cankarjeva 5, 1001 Ljubljana, Phone: +386 (1) 200 18 00 Fax: +386 (1) 425 20 87 E-mail: mf.uppd@mf-rs.si |
19 | Ratificatie door San Marino onder de volgende verklaring: In accordance with Article 3, paragraph 2, of the Convention, the Republic of San Marino declares that Article 3, paragraph 1, applies only to offences specified in the Appendix to the Convention and to offences specified in Article 147 of the Criminal Code of the Republic of San Marino. In accordance with Article 9, paragraph 4, of the Convention, the Republic of San Marino declares that Article 9, paragraph 1, applies only to offences committed intentionally. In accordance with Article 24, paragraph 3, of the Convention, the Republic of San Marino declares that Article 24, paragraph 2, applies only subject to the constitutional principles and the basic concepts of the Republic of San Marino's legal system. In accordance with Article 31, paragraph 2, of the Convention, the Republic of San Marino declares that judicial documents can be delivered only through its Central Authority, without prejudice to what is provided by bilateral agreements. In accordance with Article 33, paragraph 2, of the Convention, the Republic of San Marino declares that the Central authority designated is: Segretaria di Stato per gli Affari Esteri (Palazzo Begni, Contrada Omerelli, n. 31, 47890 San Marino - Repubblica di San Marino), without prejudice of provisions specified by bilateral agreements allowing direct relations between judicial authorities. In accordance with Article 35, paragraph 1, of the Convention, the Republic of San Marino declares that requests shall be transmitted by mail or fax only. In accordance with Article 35, paragraph 3, of the Convention, the Republic of San Marino declares that requests and documents supporting such requests shall be accompanied by a translation into Italian or, if it is not possible, into English. In accordance with Article 42, paragraph 2, of the Convention, the Republic of San Marino declares that information and evidence provided by it under the provisions of Chapter IV of the Convention may not, without the prior consent of San Marino's competent authority, 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 46, paragraph 13, of the Convention, the Republic of San Marino declares that Financial Intelligence Unit designated for the Republic of San Marino is: Agenzia di Informazione Finanziaria (Strada Paderna, n. 2, 47895 Domagnano, Repubblica di San Marino. Email: info@aif.sm, tel. +378 (0549) 888180, fax +378 (0549) 888181). In accordance with Article 53, paragraph 2, of the Convention, the Republic of San Marino declares that it reserves the right not to apply in whole the provisions of Article 7, paragraph 2, sub-paragraph c. In accordance with Article 53, paragraph 2, of the Convention, the Republic of San Marino declares that it reserves the right not to apply the provisions of Article 46, paragraph 5. In accordance with Article 53, paragraph 2, of the Convention, the Republic of San Marino declares that it reserves the right not to apply the provisions of Article 47. In accordance with Article 53, paragraph 3, of the Convention, the Republic of San Marino declares that it will apply Articles 17 and 19 by taking into account the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg, on 20 April 1959, and the declarations and reservations made in its respect by the Republic of San Marino. In accordance with Article 53, paragraph 4a, of the Convention, the Republic of San Marino declares that it will not apply the provisions of Article 3, paragraph 4. San Marino heeft op 10-04-2013 de volgende verklaring afgelegd: The Republic of San Marino, in accordance with Article 53, paragraph 6, of the Convention, withdraws the following reservations and declarations, made at the time of deposit of the instrument of ratification, on 27 July 2010: In accordance with Article 3, paragraph 2, of the Convention, the Republic of San Marino declares that Article 3, paragraph 1, applies only to offences specified in the Appendix to the Convention and to offences specified in Article 147 of the Criminal Code of the Republic of San Marino. In accordance with Article 9, paragraph 4, of the Convention, the Republic of San Marino declares that Article 9, paragraph 1, applies only to offences committed intentionally. In accordance with Article 53, paragraph 2, of the Convention, the Republic of San Marino declares that it reserves the right not to apply in whole the provisions of Article 7, paragraph 2, sub-paragraph c. In accordance with Article 53, paragraph 2, of the Convention, the Republic of San Marino declares that it reserves the right not to apply the provisions of Article 46, paragraph 5. In accordance with Article 53, paragraph 2, of the Convention, the Republic of San Marino declares that it reserves the right not to apply the provisions of Article 47. In accordance with Article 53, paragraph 3, of the Convention, the Republic of San Marino declares that it will apply Articles 17 and 19 by taking into account the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg, on 20 April 1959, and the declarations and reservations made in its respect by the Republic of San Marino. In accordance with Article 53, paragraph 4a, of the Convention, the Republic of San Marino declares that it will not apply the provisions of Article 3, paragraph 4. The Republic of San Marino notifies that the declaration related to Article 35, paragraph 1, of the Convention is amended as follows: In accordance with Article 35, paragraph 1, of the Convention, the Republic of San Marino commits to accept and execute requests received electronically or by other means of communication provided that the Requesting Party simultaneously transmits the original of such requests. |
20 | Ratificatie door Oekraïne onder de volgende verklaring: In accordance with Article 3, paragraph 2, of the Convention, Ukraine declares that it will apply paragraph 1 of Article 3 of the Convention only to the offences which are punishable by deprivation of liberty. In accordance with Article 53, paragraph 4.a, of the Convention, Ukraine declares that it will not apply paragraph 4 of Article 3 of the Convention. In accordance with Article 9, paragraph 4, of the Convention, Ukraine declares that it will apply paragraph 1 of Article 9 of the Convention only in so far as the predicate offence is punishable by deprivation of liberty. In accordance with Article 53, paragraph 2, of the Convention, Ukraine declares that it will not apply paragraph 6 of Article 9 of the Convention. In accordance with Article 17, paragraph 5, of the Convention, Ukraine declares that it will apply Article 17 of the Convention only to the categories of offences specified in the list contained in the appendix to the Convention. In accordance with Article 24, paragraph 3, of the Convention, Ukraine declares that it will apply paragraph 2 of Article 24 of the Convention only subject to the constitutional principles of Ukraine and the basic concepts of its legal system. In accordance with Article 31, paragraph 2, of the Convention, Ukraine declares that it will not use in its territory the methods of sending judicial documents provided for in paragraph 2 of Article 31 of the Convention. In accordance with Article 35, paragraph 1, of the Convention, Ukraine agrees to accept and execute requests, transmitted electronically or by any other means of communication, provided that the requesting Party simultaneously shall send the original of such requests by post or by courier. The information concerning the execution of requests transmitted electronically or by any other means of communication, will be sent to the requesting Party after the receipt of their original. In accordance with Article 35, paragraph 3, of the Convention, Ukraine declares that requests and documents supporting them shall be sent to Ukraine with a translation into Ukrainian or into one of the official languages of the Council of Europe if they are not made in these languages. In accordance with Article 42, paragraph 2, of the Convention, Ukraine declares that, without a prior consent of Ukraine, information or evidence provided by it under chapter IV 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. In accordance with Article 53, paragraph 2, of the Convention, Ukraine declares that it will apply paragraph 5 of Article 46 of the Convention, provided that the requesting Party shall ensure the use of the received information exclusively for the purposes of criminal proceeding in cases on legalization (laundering) of the proceeds from crime or on the financing of terrorism. In accordance with Article 53, paragraph 2, of the Convention, Ukraine declares that it will apply paragraph 1 of Article 47 of the Convention subject to the national legislation. In accordance with Article 33, paragraph 2, of the Convention, Ukraine declares that its central authorities, designated in pursuance of paragraph 1 of Article 33 of the Convention, shall be the Ministry of Justice of Ukraine (concerning the execution of judgments) and the General Prosecutor's Office of Ukraine (concerning legal proceedings during the investigation of criminal cases). In accordance with Article 46, paragraph 13, of the Convention, Ukraine declares that the authority, empowered by Ukraine to execute the functions of a financial intelligence unit within the meaning of Article 46 of the Convention, shall be the central authority of executive power with the special status on issues of financial monitoring of Ukraine. Oekraïne heeft op 16-10-2015 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 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. De Russische Federatie heeft op 30-12-2021 het volgende bezwaar gemaakt tegen de door Oekraïne op 16-10-2015 afgelegde verklaring: Reaffirming its firm commitment to respect and fully comply with generally recognised principles and rules of international law, the Russian Federation, with reference to the declaration of Ukraine of 16 October 2015 regarding the Convention of 2005 […] states the following. The Russian Federation rejects the above-mentioned declaration of Ukraine and states that it cannot be taken into consideration as it does not reflect the reality and is based on a bad faith and incorrect presentation and interpretation of facts and law. The Russian Federation does not exercise effective control over "certain districts of the Donetsk and Luhansk oblasts" and is not a party to the conflict in South-East Ukraine. The declaration of independence of the Republic of Crimea and its voluntary accession to the Russian Federation are the result of a direct and free expression of will by the people of Crimea in accordance with democratic principles, a legitimate form of exercising their right to selfdetermination given an aided from abroad violent coup d'Etat in Ukraine which caused rampant radical nationalist elements not hesitating to use terror, intimidation and harassment against both its political opponents and the population of entire regions of Ukraine. The Russian Federation rejects any attempts to call into question an objective status of the Republic of Crimea and the city of Sevastopol as constituent entities of the Russian Federation, the territories of which are an integral part of the territory of the Russian Federation under its full sovereignty. Thus, the Russian Federation reaffirms that it fully complies with its international obligations under the Convention in relation to this part of its territory. Oekraïne heeft op 11-07-2019 de volgende verklaring afgelegd: In accordance with Article 33, paragraph 2, of the Convention, Ukraine declares that its central authorities, designated in pursuance of Article 33, paragraph 1, of the Convention, shall be the Ministry of Justice of Ukraine (concerning the execution of judgments), the General Prosecutor’s Office of Ukraine (concerning legal proceedings during the investigation of criminal cases) and starting from 25 January 2015 the National Anti-corruption Bureau of Ukraine (within its competence at the pre-trial investigation of criminal offences, within its competence, see details at https://nabu.gov.ua/en/competence). Oekraïne heeft op 19-04-2022 de volgende verklaring afgelegd: 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. Oekraïne heeft op 07-12-2023 de volgende verklaring afgelegd: […] 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: |
21 | Ratificatie door Bulgarije onder de volgende verklaring: In accordance with Article 42, paragraph 2, of the Convention, the Republic of Bulgaria declares that information or evidence provided by it under Chapter IV of the Convention may not, without the prior consent of the competent Bulgarian authorities, 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 53, paragraph 4, of the Convention, the Republic of Bulgaria declares that it shall not apply Article 3, paragraph 4, of this Convention. In accordance with Article 24, paragraph 3, of the Convention, the Republic of Bulgaria declares that the provisions of Article 24, paragraph 2, shall apply only subject to its constitutional principles and the basic concepts of its legal system. In accordance with Article 33, paragraph 2, of the Convention, the Republic of Bulgaria declares that requests made under Chapter IV shall be sent and received through the following central authorities :
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Bulgaria declares that concerning requests which are sent and received electronically or by any other means of telecommunication, the Bulgarian competent authorities shall be able to request the certification of authenticity of the materials sent, as well as to obtain originals by express mail. In accordance with Article 35, paragraph 3, of the Convention, the Republic of Bulgaria declares that, for each individual case, it will require requests and supporting documents sent to it pursuant to Article 35, paragraph 1, to be accompanied by a translation into Bulgarian or into one of the official languages of the Council of Europe. Bulgarije heeft op 07-11-2017 de volgende verklaring afgelegd: The Republic of Bulgaria declares that in accordance with Article 46, paragraph 13, of the Convention, Bulgaria notifies as Financial Intelligence Unit (FIU) the Financial Intelligence Directorate (FID) to the State Agency for National Security (SANS). |
22 | Bosnië en Herzegovina heeft op 21-05-2013 de volgende verklaring afgelegd: Central authority (Article 33): Directorate for Coordination of Police Bodies of Bosnia and Herzegovina Ministry of Security of Bosnia and Herzegovina Contact person: Mr Branislav Pavlovic Sector for International Operative Police Collaboration Email : branislav.pavlovic@dkpt.gov.ba Tel : +387 33 250 062 Fax : +387 65 698 728 |
23 | Ratificatie door Georgië onder de volgende verklaring: In accordance with Article 3, paragraph 2, of the Convention, Georgia declares that Article 3, paragraph 1, shall be applied only in so far as the offence is punishable by deprivation of liberty for a maximum of more than one year. In accordance with Article 53, paragraph 4, of the Convention, Georgia declares that the provisions of Article 3, paragraph 4, shall be applied only in relation to the civil procedures of confiscation, in conformity with the legislation in Georgia. In accordance with Article 24, paragraph 3, of the Convention, Georgia declares that Article 24, paragraph 2, shall be applied only subject to the constitutional principles and to the basic concepts of the legal system of Georgia. In accordance with Article 33 of the Constitution, Georgia declares that the designated central authority, as stipulated by this Article, shall be: The Ministry of Justice of Georgia Address: 24, Gorgasali str. 0114 Tbilisi, Georgia. Phone: +995 32 240 51 42 Email: international@justice.gov.ge In accordance with Article 35, paragraph 1, of the Convention, Georgia declares that it will accept and execute requests received by electronic or other means of telecommunication, if the request is urgent and its authenticity is undisputed, provided the requesting authority subsequently submits the original of the request within the period specified by the requested authority. In accordance with Article 35, paragraph 3, of the Convention, Georgia declares that requests and documents supporting such requests should be accompanied by a translation into the Georgian language or into one of the official languages of the Council of Europe if these requests and documents are not made in these languages. In accordance with Article 42, paragraph 2, of the Convention, Georgia declares that, without its prior consent, information and documents provided by it under Chapter IV 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. In accordance with Article 53, paragraph 2, of the Convention, Georgia declares that Article 46, paragraph 5, shall not be applied. In accordance with Article 46, paragraph 13, of the Convention, the Financial Intelligence Unit designated for Georgia shall be: The Financial Monitoring Service of Georgia (FMS) Address: Sanapiro str. 2, 0105 Tbilisi, Georgia. Phone: +995 32 229 67 00 Email: Info@fms.gov.ge In accordance with Article 53, paragraph 2, Georgia declares that the Financial Monitoring Service of Georgia (FMS) shall adopt the measures defined in Article 47 as far as the legislation of Georgia permits. |
24 | Ratificatie door Zweden onder de volgende verklaring: Sweden reserves the right to apply Article 3.1 on confiscation, only in so far the offence is punishable by deprivation of liberty for a maximum of more than one year (Articles 3.2 and 53.1). Sweden reserves the right not to apply Article 3.1 in respect of confiscation of the proceeds from tax offences, in so far as such proceeds can be recovered within the framework of taxation proceedings (Articles 3.2 and 53.1). Sweden reserves the right not to apply Article 3.4 with regard to confiscation (Article 53.4.a). Sweden reserves the right not to apply Article 31.2 b, as regards the serving of documents (Article 53.1). Sweden reserves the right to require that requests made to it and documents supporting requests be made in Swedish, Danish, Norwegian or English or accompanied by a translation into one of these languages (Articles 35.3 and 53.1). Central authority for the serving of judicial documents (Article 31): Address: County Administrative Board of Stockholm The central authority for international service of documents Box 22067 104 22 STOCKHOLM Tel: + 46 (0)8 785 40 00 Fax: + 46 (0)8 785 40 01 E-mail: stockholm@lansstyrelsen.se Central authority for matters other than the serving of judicial documents: Address: Ministry of Justice Division for Criminal Cases and International Judicial Co-operation Central authority SE-103 33 STOCKHOLM SWEDEN Tel: 00 46 8 405 10 00 (switchboard), 00 46 8 405 45 00 (office) fax: 00 46 8 405 46 76 E-mail: ju.birs@gov.se |
25 | Toepasselijkverklaring door het Verenigd Koninkrijk voor Jersey vanaf 01-08-2015. Ratificatie door het Verenigd Koninkrijk onder de volgende verklaring: The Government of the United Kingdom of Great Britain and Northern Ireland ratifies the Convention in respect of the United Kingdom of Great Britain and Northern Ireland and of the Bailiwick of Jersey. In respect to the United Kingdom of Great Britain and Northern Ireland: In accordance with Article 53, paragraph 2, of the Convention, the United Kingdom declares that Article 47 shall not be applied. In accordance with Article 24, paragraph 3, of the Convention, the United Kingdom declares that Article 24, paragraph 2, only applies subject to its constitutional principles and the basic concepts of its legal system. In accordance with Article 33, paragraph 2, of the Convention, the United Kingdom declares that for the purpose of sending, answering requests and transmission of them to the authorities competent for their execution, the central authority for the United Kingdom is:
In accordance with Article 35, paragraph 3, of the Convention, the United Kingdom declares that requests and documents supporting such requests must be accompanied by a translation into the English language. In accordance with Article 42, paragraph 2, of the Convention, the United Kingdom declares that information and evidence provided by the United Kingdom under Chapter IV 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 46, paragraph 13, of the Convention, the United Kingdom designates the National Crime Agency, Units 1-6 Citadel Place, Tinworth Street, London SE11 5EF, as the Financial Intelligence Unit of the United Kingdom. In accordance with Article 53, paragraph 4, of the Convention, the United Kingdom declares that it will apply Article 3, paragraph 4, as follows, in accordance with the principles of domestic law. If a defendant has been convicted of an offence listed in Schedule 2 to the Proceeds of Crime Act 2002 or has a stated pattern or history of offending as set out in that legislation, they are deemed to have a “criminal lifestyle”, and as such are subject to a confiscation regime which requires them to demonstrate the legitimate origin of their property, or have it become liable to confiscation. The court must assume that everything a defendant holds, and had held, in the last six years, is the proceeds of crime and so must calculate the value of this property into the amount set on the confiscation order. The court must not make such an assumption however, if it is shown to be incorrect or there would be a serious risk of injustice. In respect of the Bailiwick of Jersey: In accordance with Article 53, paragraph 2, of the Convention, Jersey declares that Article 47 shall not be applied. In accordance with Article 3, paragraph 2, of the Convention, Jersey declares that Article 3, paragraph 1, only applies in respect of offences in Jersey which are liable to a term of one or more years of deprivation of liberty. In accordance with Article 9, paragraph 4, of the Convention, Jersey declares that Article 9, paragraph 1, only applies in respect of predicate offences in Jersey which are liable to a term of one or more years of deprivation of liberty. In accordance with Article 24, paragraph 3, of the Convention, Jersey declares that Article 24, paragraph 2, only applies subject to its constitutional principles and the basic concepts of its legal system. In accordance with Article 31, paragraph 2, of the Convention, Jersey declares that judicial documents should only be sent through its central authority which is: Her Majesty’s Attorney General Law Officers’ Department Morier House Halkett Place St Helier Jersey JE1 1DD Tel: +44 (0) 15 34 44 12 00 Fax: +44 (0) 15 34 44 12 99 In accordance with Article 33, paragraph 2, of the Convention, Jersey declares that for the purposes of sending, answering requests and transmission of them to the authorities competent for their execution, the central authority for Jersey is: Her Majesty’s Attorney General Law Officers’ Department Morier House Halkett Place St Helier Jersey JE1 1DD Tel: +44 (0) 15 34 44 12 00 Fax: +44 (0) 15 34 44 12 99 In accordance with Article 35, paragraph 3, of the Convention, Jersey declares that requests and documents supporting such requests must be accompanied by a translation into the English language. In accordance with Article 42, paragraph 2, of the Convention, Jersey declares that information and evidence provided by Jersey under Chapter IV 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 46, paragraph 13, of the Convention, Jersey designates the Joint Financial Crimes Unit, States of Jersey Police, Broadcasting House, St Helier, Jersey, JE2 3ZA (+44 (0) 15 34 61 22 50) as the Financial Intelligence Unit of Jersey. Toepasselijkverklaring door het Verenigd Koninkrijk voor Man vanaf 01-01-2024. Het Verenigd Koninkrijk heeft op 21-09-2023 de volgende verklaring afgelegd: In accordance with Article 51 of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland extends the application of the United Kingdom’s ratification of the Convention to the territory of the Isle of Man, for whose international relations the United Kingdom of Great Britain and Northern Ireland is responsible, subject to the reservations and declarations annexed to this letter. In accordance with Article 53, paragraph 4, of the Convention, the Isle of Man declares that it will apply Article 3, paragraph 4, as follows, in accordance with the principles of domestic law. If a defendant has been convicted of an offence listed in Schedule 3 to the Proceeds of Crime Act 2008 or has a stated pattern or history of offending as set out in that legislation, they are deemed to have a “criminal lifestyle”, and as such are subject to a confiscation regime which requires them to demonstrate the legitimate origin of their property, or have it become liable to confiscation. The court must assume that everything a defendant holds, and had held, in the last six years, is the proceeds of crime and so must calculate the value of this property into the amount set on the confiscation order. The court must not make such an assumption, however, if it is shown to be incorrect or there would be a serious risk of injustice. In accordance with Article 53, paragraph 2, of the Convention, the Isle of Man declares that Article 47 shall not be applied. In accordance with Article 24, paragraph 3, of the Convention, the Isle of Man declares that Article 24, paragraph 2, only applies subject to its constitutional principles and the basic concepts of its legal system. In accordance with Article 33, paragraph 2, of the Convention, the Isle of Man declares that for the purposes of sending, answering requests and transmission of them to the authorities competent for their execution, the central authority for the Isle of Man is: International Cooperation and Asset Recovery Team (ICART) HM Attorney General Attorney General’s Chambers […] For the purposes of answering and executing requests relating to tax matters: Income Tax Division Treasury Department […] In accordance with Article 35 paragraph 3, of the Convention, the Isle of Man declares that requests and documents supporting such requests must be accompanied by a translation into the English language. In accordance with Article 42, paragraph 2, of the Convention, the Isle of Man declares that information and evidence provided by the Isle of Man under Chapter IV 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 46, paragraph 13, of the Convention, the Isle of Man designates: Financial Intelligence Unit […] as the Financial Intelligence Unit of the Isle of Man. |
26 | Frankrijk heeft op 11-02-2016 de volgende verklaring afgelegd: Central authority Bureau de l’entraide pénale internationale Direction des affaires criminelles et des grâces Ministère de la Justice français |
27 | Ondertekening door Turkije onder de volgende verklaring: In accordance with Article 53, paragraph 1, the Republic of Turkey declares that Article 3, paragraph 1, shall apply only to offences punishable by deprivation of liberty or a detention order for a maximum of more than one year as defined in its domestic law and without prejudice to minimum limits of sentences. In accordance with Article 53, paragraph 1, the Republic of Turkey declares that Article 9, paragraph 1, shall apply only to offences punishable by deprivation of liberty or a detention order for a maximum of more than one year as defined in its domestic law and without prejudice to minimum limits of sentences In accordance with Article 53, paragraph 2, the Republic of Turkey declares that Article 9, paragraph 6, shall apply only to offences defined in its domestic law. In accordance with Article 53, paragraph 2, the Republic of Turkey declares that Article 46, paragraph 5, shall apply only to cases which are in competence of the Ministry of Finance, Financial Crimes Investigation Board (MASAK), in accordance with its domestic law. In accordance with Article 33, paragraph 1, the Republic of Turkey declares that the Ministry of Finance, Financial Crimes Investigation Board (MASAK), is designated as central authority within the meaning of this Article: Ministry of Finance Financial Crimes Investigation Board Dikmen Caddesi (N) Blok 06100 Dikmen-Ankara/Turkey Phone: (+90) 312 415 37 11 Fax: (+90) 312 415 25 35 In accordance with Article 46, paragraph 13, the Republic of Turkey declares that the Ministry of Finance, Financial Crimes Investigation Board (MASAK), is the Turkish FIU within the meaning of this article. In accordance with Article 53, paragraph 2, the Republic of Turkey declares that Financial Crimes Investigation Board (MASAK) shall adopt the measures defined in Article 47 as far as its domestic law permits. Ratificatie door Turkije onder de volgende verklaring: In accordance with Article 53, paragraph 4, of the Convention, the Republic of Turkey declares that Article 3, paragraph 4, of the Convention shall not be applied. In accordance with Article 53, paragraph 1, of the Convention, the Republic of Turkey declares that Article 9, paragraph 4, of the Convention applies only to the offences punishable by deprivation of liberty for a minimum of more than six months. In accordance with Article 53, paragraph 2, the Republic of Turkey reserves the right that Article 9, paragraph 6, shall apply only to offences defined in its domestic law. In accordance with Article 17, paragraph 5, of the Convention, the Republic of Turkey declares that it shall apply Article 17 of the Convention only to the categories of offences specified in the list contained in the appendix to the Convention. In accordance with Article 53, paragraph 3, of the Convention, the Republic of Turkey declares that it shall apply Article 17 and 19 of the Convention only to the categories of offences specified in the list contained in the appendix to the Convention and in conformity with the principles of the Turkish domestic law. In accordance with Article 24, paragraph 3, of the Convention, the Republic of Turkey declares that Article 24, paragraph 2, of the Convention, applies only subject to its constitutional principles and the basic concepts of its legal system In accordance with Article 53, paragraph 1, of the Convention, the Republic of Turkey declares that judicial documents, mentioned in Article 31, paragraph 2, of the Convention, shall be served only through the ‘Central Authority’ on mutual assistance in criminal matters. In accordance with Article 33, paragraph 2, of the Convention, the Republic of Turkey declares that the Ministry of Justice is designated as Central Authority within the meaning of this article: Ministry of Justice Milli Müdafaa Caddesi No. 22/8 06659 Bakanlıklar /Ankara TURKEY In accordance with Article 35, paragraph 3, of the Convention, the Republic of Turkey declares that, all requests and supporting documents must be accompanied by their Turkish translations. In accordance with Article 42, paragraph 2, of the Convention, the Republic of Turkey declares that without its prior consent the information or evidence provided by it under this Convention shall not be used or forwarded by the authorities of the requesting Party in investigations or criminal proceedings other than those specified in the request. In accordance with Article 53, paragraph 2, of the Convention, the Republic of Turkey reserves the right that Article 46, paragraph 5, of the Convention shall apply only to cases which are in competence of the Ministry of Finance, Financial Crimes Investigation Board (MASAK), in accordance with its domestic law. In accordance with Article 46, paragraph 13, of the Convention, the Republic of Turkey declares that the Ministry of Finance, Financial Crimes Investigation Board (MASAK), is the Turkish FIU within the meaning of this article. In accordance with Article 53, paragraph 2, of the Convention, the Republic of Turkey reserves the right that Financial Crimes Investigation Board (MASAK) shall adopt the measures defined in Article 47 as far as its domestic law permits. |
28 | Albanië heeft op 22-11-2016 de volgende verklaring afgelegd: The Republic of Albania declares that the authorities designated in pursuance of Article 33, paragraph 1, of the Convention are the following: The Ministry of justice is the central authority for the implementation of the Convention, and the Department of Foreign Jurisdictional Relations is the responsible authority for the execution of requests based on it. The requests submitted according to the Convention shall be delivered in the following address: Ministry of Justice Department of Foreign Jurisdictional Relations Albanië heeft op 26-10-2017 de volgende verklaring afgelegd: The Republic of Albania declares that the authority designated in pursuance of Article 46, paragraph 13, of the Convention, which is a financial intelligence unit (FIU) within the meaning of this article, is the following: General Directorate for the Prevention of Money Laundering. The Republic of Armenia declares that the unit which acts as financial intelligence unit, designated pursuant to Article 46, paragraph 13, of the Convention, is the Financial Monitoring Center of the Central Bank of the Republic of Armenia. Date of effect of the declaration: 26 October 2017. |
29 | Ratificatie door Italië onder de volgende verklaring: Under the terms of Article 53, paragraph 4, the Italian Republic declares that it will not apply Article 3, paragraph 4, of the Convention. Under the terms of Article 9, paragraph 4, of the Convention, the Italian Republic declares that paragraph 1 of this article applies only to predicate offences which constitute "delitti" under Italian law, excluding "delitti" which are not deliberate. Under the terms of Article 31, paragraph 2, of the Convention, the Italian Republic 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 confiscation shall be allowed in respect of persons on Italian territory only when, in its relations with the other Party, they are provided for under Italian legislation or in the international agreements which generally govern mutual assistance in criminal matters. Under the terms of Article 35, paragraph 3, of the Convention, the Italian Republic 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. Under the terms of Article 42, paragraph 2, of the Convention, the Italian Republic declares that the information or evidence provided by Italy under this chapter 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 Articles 12 and 46, paragraph 13, of the Convention, the Italian Republic designates as the Financial Intelligence Unit: Unità di Informazione Finanziaria per l’Italia In accordance with Article 33, paragraph 2, of the Convention, the Italian Republic designates as the Central authority: Ministero dell’Economia e delle Finanze Dipartimento del Tesoro |
30 | Ratificatie door Duitsland onder de volgende verklaring: The Federal Republic of Germany formulates the following declarations:
Duitsland heeft op 21-08-2017 de volgende verklaring afgelegd: Financial Intelligence Unit (Article 46, paragraph 13): Central Customs Authority Financial Intelligence Unit (FIU) Date of effect of the declaration: 1 October 2017. |
31 | Azerbeidzjan heeft op 07-11-2016 de volgende verklaring afgelegd: The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed). In accordance with Article 53, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it reserves the right not to apply, in whole, the provisions of Article 46, paragraph 5, of the Convention. In accordance with Article 53, paragraph 4, of the Convention, the Republic of Azerbaijan declares that it will not apply Article 3, paragraph 4, of this Convention. In accordance with Article 17, paragraph 5, of the Convention, the Republic of Azerbaijan declares that it will apply Article 17 of the Convention only to the categories of offences specified in the list contained in the Appendix to the Convention. In accordance with Article 24, paragraph 3, of the Convention, the Republic of Azerbaijan declares that Article 24, paragraph 2, of the Convention, applies only subject to constitutional principles of the Republic of Azerbaijan and the basic concepts of its legal system. In accordance with Article 33, paragraph 2, of the Convention, the Republic of Azerbaijan declares that its central authorities, designated in pursuance of paragraph 1 of Article 33 of the Convention, shall be:
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Azerbaijan declares that it will accept and execute requests, transmitted electronically or by any other means of communication, provided that the requesting Party simultaneously shall send the original of such requests by post or by courier. The information concerning execution of requests transmitted electronically or by any other means of communication, will be sent to the requesting Party after the receipt of the original. In accordance with Article 35, 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 42, paragraph 2, of the Convention, the Republic of Azerbaijan declares that information or evidence provided by the Republic of Azerbaijan under Chapter IV may not, without its prior consent, be used or transmitted by the authorities of the requesting Party for investigations or proceedings other than those specified in the request. In accordance with Article 46, paragraph 13, of the Convention, the Republic of Azerbaijan declares that the Financial Markets Supervision Authority of the Republic of Azerbaijan is indicated as the financial intelligence unit within the meaning of Article 46. Ratificatie door Azerbeidzjan onder de volgende verklaring: In accordance with Article 53, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it reserves the right not to apply, in whole, the provisions of Article 46, paragraph 5, of the Convention. In accordance with Article 53, paragraph 4, of the Convention, the Republic of Azerbaijan declares that it will not apply Article 3, paragraph 4, of this Convention. The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed). In accordance with Article 17, paragraph 5, of the Convention, the Republic of Azerbaijan declares that it will apply Article 17 of the Convention only to the categories of offences specified in the list contained in the Appendix to the Convention. In accordance with Article 24, paragraph 3, of the Convention, the Republic of Azerbaijan declares that Article 24, paragraph 2, of the Convention, applies only subject to constitutional principles of the Republic of Azerbaijan and the basic concepts of its legal system. In accordance with Article 33, paragraph 2, of the Convention, the Republic of Azerbaijan declares that its central authorities, designated in pursuance of paragraph 1 of Article 33 of the Convention, shall be:
In accordance with Article 35, paragraph 1, of the Convention, the Republic of Azerbaijan declares that it will accept and execute requests, transmitted electronically or by any other means of communication, provided that the requesting Party simultaneously shall send the original of such requests by post or by courier. The information concerning execution of requests transmitted electronically or by any other means of communication, will be sent to the requesting Party after the receipt of the original. In accordance with Article 35, 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 42, paragraph 2, of the Convention, the Republic of Azerbaijan declares that information or evidence provided by the Republic of Azerbaijan under Chapter IV may not, without its prior consent, be used or transmitted by the authorities of the requesting Party for investigations or proceedings other than those specified in the request. In accordance with Article 46, paragraph 13, of the Convention, the Republic of Azerbaijan declares that the Financial Markets Supervision Authority of the Republic of Azerbaijan is indicated as the financial intelligence unit within the meaning of Article 46. Armenië heeft op 26-02-2018 het volgende bezwaar gemaakt tegen de door Azerbeidzjan bij de ratificatie afgelegde verklaring: The Republic of Armenia makes the following statement with regard to the declaration made by the Republic of Azerbaijan in respect of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism /hereinafter Convention/, stated in the instrument of ratification deposited on 9 August 2017:
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32 | Ratificatie door Griekenland onder de volgende verklaring:
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33 | Ratificatie door de Russische Federatie onder de volgende verklaring: The Russian Federation considers that Article 3, paragraph 1, of the Convention applies in respect of crimes listed in the appendix to the Convention and declares, in accordance with Article 3, paragraph 2, of the Convention, that it reserves the right to apply Article 3, paragraph 1, of the Convention only with respect to crimes listed in paragraph “a” of Part 1 of Article 104 of the Criminal Code of the Russian Federation. Pursuant to Article 53, paragraph 4, of the Convention, the Russian Federation declares that it shall not apply Article 3, paragraph 4, of the Convention. Pursuant to Article 53, paragraph 2, of the Convention, the Russian Federation declares that it reserves the right not to apply Article 7, paragraph 2.c, of the Convention, in whole or in part. Pursuant to Article 53, paragraph 3, of the Convention, the Russian Federation declares that it reserves the right to apply the provisions of Articles 17 and 19 of the Convention in accordance with the international treaties of the Russian Federation on cooperation in criminal matters and the legislation of the Russian Federation. Pursuant to Article 24, paragraph 3, of the Convention, the Russian Federation declares that Article 24, paragraph 2, of the Convention will apply only with the observance of the Constitution of the Russian Federation and the fundamental principles of the legal system of the Russian Federation. Pursuant to Article 31, paragraph 2, of the Convention, the Russian Federation declares that the service of judicial documents shall be effected through the Ministry of Justice of the Russian Federation in accordance with the legislation of the Russian Federation. Pursuant to Article 33, paragraph 2, of the Convention, the Russian Federation declares that for the Russian Federation the Central Authorities designated in accordance with Article 33, paragraph 1, of the Convention, are as follows:
Pursuant to Article 35, paragraphs 1 and 3, of the Convention, the Russian Federation declares that it reserves the right to require the originals of the requests transmitted to it electronically or by any other means of communication, and to require that requests made to it and documents supporting such requests be accompanied by a translation into Russian. Pursuant to Article 42, paragraph 2, of the Convention, the Russian Federation declares that information or evidence provided by it in accordance with Chapter IV of the Convention may not be used or transmitted by the authorities of the requesting Party for investigations or proceedings other than those specified in the request. Pursuant to Article 53, paragraph 2, of the Convention, the Russian Federation declares that it reserves the right not to apply Article 46, paragraph 5, of the Convention, in part. Pursuant to Article 46, paragraph 13, of the Convention, the Russian Federation declares that, in the Russian Federation, the authority exercising the functions of Financial Intelligence Unit in accordance with the Convention is the Federal Financial Monitoring Service. |
34 | Ratificatie door Denemarken onder de volgende verklaring: Until further notice, the Convention shall not apply to Greenland and the Faroe Islands. With regards to Article 31, paragraph 2, Denmark reserves the right to apply the provisions of the European Convention on Mutual Assistance in Criminal Matters. With regards to Article 35, paragraph 1, requests may be forwarded by any secure means capable of producing written records under conditions allowing the request Party to establish their authenticity. With regards to Article 35, 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. With regards to Article 33, Denmark has designated: Director of Public Prosecutions as the central authority. Denemarken heeft op 04-10-2019 de volgende verklaring afgelegd: With regards to Article 46, paragraph 13, of the Convention, the Financial Intelligence Unit designated for Denmark shall be: The Money Laundering Secretariat (FIU Denmark) The State Prosecutor for Serious Economic Crime |
35 | Ratificatie door Monaco onder de volgende verklaring: In accordance with Article 33, Paragraph 2, of the Convention, the Principality of Monaco declares that the central authority responsible for sending and answering requests, the execution of such requests or the transmission of them to the authorities competent for their execution is the: Service d’information et de contrôle sur les circuits financiers (SICCFIN) Monaco heeft op 30-03-2020 de volgende verklaring afgelegd: Updating of central authority: In accordance with Article 33, Paragraph 2, of the Convention, the Principality of Monaco declares that the central authority responsible for sending and answering requests, the execution of such requests or the transmission of them to the authorities competent for their execution is the: Direction des Services Judiciaires In accordance with Article 46, paragraph 13, of the Convention, Monaco’s Financial Intelligence Unit is the: Service d’information et de Contrôle sur les Circuits Financiers (SICCFIN) Monaco heeft op 22-10-2020 de volgende verklaring afgelegd: The Permanent Representation wishes to begin by recalling that the Principality did not wish to make a reservation or declaration at the time of ratification, considering that, in view of the stipulations of Article 7 of the Convention and the study of positive Monegasque law at the time of the said ratification, the application of Article 7 of the Convention, entitled "Investigative powers and techniques", did not require the enactment of new standards, the modification of existing legislative provisions or the making of a reservation. However, it should be noted that in the context of the work of the Conference of the Parties, the latter came to the opposite conclusion. To this end, it based its analysis on the provisions of Articles 87, 91 and 100 of the Code of Criminal Procedure, provisions which the Conference of Parties considered to be "general". This Representation wishes to point out that, with regard to the monitoring, for a given period, of banking operations carried out on one or more identified accounts, the Monegasque authorities have taken into consideration the ordinary law system in terms of criminal procedure, relating to the powers of the examining magistrate. However, while for the Monegasque Authorities, the scope of application of these standards allowed, precisely because of its "general" scope, for a compliant application of Article 7, paragraph 2, subparagraph c, of the Convention, the Conference of Parties has, on the contrary, considered - drawing from this same "generality" of diametrically opposed consequences - that "the general rules could be interpreted differently, in the absence of case-law specifically referring to the supervision of banking operations", as a result of which "the rapporteurs cannot conclude that Article 7, paragraph 2, sub-paragraph c, of the Convention is correctly applied in Monaco". In any event, this Permanent Representation stresses that the Monegasque Authorities wish to recall the Principality's attachment to comply with all the obligations of this Convention. Monaco intends to ensure that all necessary measures continue to be taken, in domestic law, to give effect to the provisions of this Convention and to ensure its effective application. In this respect, the Principality is considering changes to its domestic law to ensure and recognise the conformity of Monegasque law with the objectives pursued by Articles 7, paragraph 2, sub-paragraph c, and 19 of the Convention. Observing nevertheless that, pending a reform of its domestic law, the Principality of Monaco fears, in the meantime, that it will not be able to apply the above-mentioned treaty provisions in a way which was assessed by the Conference of Parties as being in conformity with the interpretation given by the latter, the Monegasque Authorities therefore wish to avail themselves of the conclusions of the International Law Commission, formalised in the framework of its Guide to Practice on reservations to treaties (adopted by the International Law Commission at its sixty-third session, in 2011, and submitted to the General Assembly as part of its report on the work of that session (A/66/10), § 2.3.). In this respect, the Monegasque Authorities wish to indicate that, while a priori Article 53 of the Convention seems to allow reservations to be formulated only at the time of signature or when depositing the instrument of ratification, acceptance, approval or accession, a State could nevertheless formulate a reservation to a treaty after expressing its consent to be bound by that treaty if none of the other Contracting States objects (cf. the aforementioned Guide, spec. § 2.3.). The said Guide further specifies that the late formulation of a reservation would be deemed to have been accepted if no contracting State has objected to such formulation by the end of the 12 months following the date on which it was notified of it (ibid., § 2.3.1.). These are the elements in support of which late reservations to certain Council of Europe conventions have been formulated without raising any opposition (see the commentary of the International Law Commission on guideline 2.3, document A/66/10/Add.l., para. 15, p. 195). This Permanent Representation indicates that Monaco would thus like to make reservations after ratification of the above-mentioned Convention, in particular with regard to Articles 7, paragraph 2, sub-paragraph c, and 19, provided that no State Party has objected to this formulation by the end of the twelve months following the date on which it received notification. In the light of these considerations, the Principality would like to make the following reservations: "In accordance with Article 53, paragraph 2, of the Convention, the Principality of Monaco reserves the right not to apply Article 7, paragraph 2, sub-paragraph c."; "In accordance with Article 53, paragraph 3, of the Convention, the Principality of Monaco declares that it will apply Article 19 only on condition that it withdraws its reservation to Article 7, paragraph 2, sub-paragraph c.". In addition, the Permanent Representation of the Principality of Monaco to the Council of Europe indicates that, in continuity with its Note verbale dated 30 March 2020, by which the Principality of Monaco designated, in accordance with Article 33, paragraph 2, of the Convention, the Direction des Services Judiciaires as its central authority - in place of the Service d'Information et de Contrôle sur les Circuits Financiers (SICCFIN) which had been designated by the declaration deposited with the instruments of ratification on 23 April 2019 -, it appeared that for this new central authority, the Principality had to make the declarations envisaged by Articles 24, paragraph 3, 31, paragraph 2, 35, paragraph 3, and 42, paragraph 2, of the Convention. Consequently, as the Directorate of Judicial Services was only appointed after the ratification of the Convention, this Representation indicates that the Principality would like to make the following late declarations, which could not be made at the time of the deposit of the instrument of ratification for the above-mentioned reasons: "In accordance with Article 24, paragraph 3, of the Convention, the Principality of Monaco declares that Article 24, paragraph 2, shall apply subject to the principles of the Monegasque constitutional law and the fundamental concepts of the Monegasque legal system; "In accordance with Article 31, paragraph 2, of the Convention, the Principality of Monaco declares that it will apply the provisions of the European Convention on Mutual Assistance in Criminal Matters and that the judicial acts referred to in Article 31, paragraph 2, will be notified only through the "central authority" on mutual assistance in criminal matters; "In accordance with Article 35, paragraph 3, of the Convention, the Principality of Monaco declares that all applications and supporting documents must be accompanied by a translation into French; "In accordance with Article 42, paragraph 2, of the Convention, the Principality of Monaco declares that information or evidence provided by it under Chapter IV of the Convention may not, without its prior consent, be used or transmitted by the Authorities of the requesting Party for purposes of investigations or proceedings other than those specified in the request. Furthermore, the Permanent Representation of the Principality of Monaco to the Council of Europe indicates that the analysis carried out by the Directorate of Judicial Services, the central authority designated after ratification of the Convention, leads the Principality, in the current state of its law, to be unable to fully apply the requirements prescribed by Article 9, paragraph 1, of the Convention. Consequently, in order to comply fully with these requirements, the Representation indicates that the Principality would like to make use of the option offered by Article 9, paragraph 4, by making the following reservation, which could not, for the above-mentioned reasons, be made at the time of the deposit of the instrument of ratification: "In accordance with Article 9, paragraph 4, of the Convention, the Principality of Monaco declares that Article 9, paragraph 1, shall apply only to the offences related to the laundering of proceeds of crime and predicate offences established by Articles 218 to 218-3 of the Criminal Code and to the laundering of proceeds of drug trafficking as provided for and punishable under Articles 4-lb, 4-3 and 4-4 of Law No. 890 of 1 July 1970 on narcotic drugs, as amended. Finally, the Permanent Representation of the Principality of Monaco to the Council of Europe indicates that the Principality would like to make two interpretative declarations in relation to Articles 17 and 18 of the Convention. The Guide to Practice on Reservations to Treaties (cf. the aforementioned Guide, § 2.4.4) specifies that where a treaty does not provide that interpretative declarations must be formulated at specified times, they may be formulated at any time. Consequently, the Principality would like to take advantage of this possibility to formulate the following interpretative declarations: "In accordance with Article 17, paragraph 6, of the Convention, the Principality of Monaco declares that the measures governed by Article 17 do not apply to accounts held by non-bank financial institutions; "In accordance with Article 18, paragraph 5, of the Convention, the Principality of Monaco declares that the measures governed by Article 18 shall not apply to accounts held by non-bank financial institutions.”. Oostenrijk heeft op 05-11-2021 het volgende bezwaar gemaakt tegen de door Monaco op 22-10-2020 afgelegde verklaring: The Government of Austria has carefully examined the reservations and declarations made by the Principality of Monaco to Articles 7(2)(c), 9(1), 19, 24(2) and 31(2) as well as according to Articles 35(3) and 42(2) of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (hereinafter “Convention”) on 21 October 2020. While the abovementioned reservations and declarations are foreseen by the Convention, the Convention explicitly states for each of these reservations and declarations that a State may only make them “at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession”. The Principality of Monaco ratified the Convention already on 23 April 2019, without making the abovementioned reservations and declarations. Austria therefore considers the reservations and declarations to Articles 7(2)(c), 9(1), 19, 24(2) and 31(2) as well as according to Articles 35(3) and 42(2) of the Convention to be formulated late and opposes them. |
36 | Ratificatie door Litouwen onder de volgende verklaring:
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37 | Ratificatie door Oostenrijk onder de volgende verklaring: Pursuant to Article 53, paragraph 1, read in conjunction with Article 3, paragraph 2.a, of the Convention, Austria declares that proceeds from tax offences within the meaning of Article 3 may be suject to confiscation both nationally and through international cooperation, under national and international tax debt recovery legislation. Austria informs with regards to Article 9, paragraph 2.b, of the Convention that the offences set forth in Article 9, paragraph 1, do not fully apply to the persons who committed the predicate offence. Pursuant to Article 53, paragraph 1, read in conjunction with Article 9, paragraph 4, of the Convention, Austria declares that Article 9, paragraph 1, applies only to certain predicate offences, namely pursuant to Article 9, paragraph 4.a, to predicate offences punishable by deprivation of liberty for a maximum of more than one year and pursuant to Article 9, paragraph 4.b, to a list of specified predicate offences. Pursuant to Article 17, paragraph 4, of the Convention Austria declares that it makes the execution of information requests on bank accounts dependant on the same conditions as it applies in respect of requests for search and seizure. Pursuant to Article 53, paragraph 1, read in conjunction with Article 17, paragraph 5, of the Convention, Austria declares that it applies Article 17 only to the categories of offences specified in the list contained in the appendix to this Convention. Austria informs with regards to Article 18, paragraph 4, of the Convention that it makes the execution of information requests on banking transactions dependant on the same conditions as it applies in respect of requests for search and seizure. Pursuant to Article 33 of the Convention, Austria declares that the Austrian central authority responsible for sending and answering requests is the Federal Ministry of Justice. Oostenrijk heeft op 30-03-2021 de volgende verklaring afgelegd: In accordance with Article 46, paragraph 13, of the Convention, Austria declares that the Financial Intelligence Unit as defined in the Convention shall be The Austrian Financial Intelligence Unit (A-FIU, Geldwäschemeldestelle) […] |
38 | Ratificatie door Estland onder de volgende verklaring:
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39 | Toetreding door Marokko onder de volgende verklaring: The Kingdom of Morocco declares that the Ministry of Justice – Directorate of Criminal Affairs and Pardons – is designated as the central authority in accordance with Article 33 of the Convention. Marokko heeft op 23-11-2022 de volgende verklaring afgelegd: In accordance with Article 33 of the Convention, the Kingdom of Morocco has designated the Autorité Nationale du Renseignement Financier (ANRF), within the Ministry of Finance, as the Central authority in charge of financial cooperation. To this effect, it should be noted that any exchange following this designation will be carried out in accordance with ANRF’s attributions and remains an exchange of financial intelligence relating to financing of terrorism and money laundering operations or related offences, with foreign authorities with similar competences, in this case the Financial Intelligence Units. |