Article 3 Offences and sanctions

1.

(a)

(i)

The production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention;

(ii)

The cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to the provisions of the 1961 Convention and the 1961 Convention as amended;

(iii)

The possession or purchase of any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated in (i) above;

(iv)

The manufacture, transport or distribution of equipment, materials or of substances listed in Table I and Table II, knowing that they are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs and psychotropic substances;

(v)

The organization, management or financing of any of the offences enumerated in (i), (ii), (iii) or (iv) above;

(b)

(i)

The conversion or transfer of property, knowing that such property is derived from any offence or offences established in accordance with subparagraph (a) of this paragraph, or from an act of participation in such offence or offences, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an offence or offences to evade the legal consequences of his actions;

(ii)

The concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from an offence or offences established in accordance with subparagraph (a) of this paragraph or from an act of participation in such an offence or offences;

(c)

Subject to its constitutional principles and the basic concepts of its legal system:

(i)

The acquisition, possession or use of property, knowing, at the time of receipt, that such property was derived from an offence or offences established in accordance with subparagraph (a) of this paragraph or from an act of participation in such offence or offences;

(ii)

The possession of equipment or materials or substances listed in Table I and Table II, knowing that they are being or are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs and psychotropic substances;

(iii)

Publicly inciting or inducing others, by any means, to commit any of the offences establised[lees: established] in accordance with this article or to use narcotic drugs or psychotropic substances illicitly;

(iv)

Participation in, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.

2.

3.

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5.

(a)

The involvement in the offence of an organized criminal group to which the offender belongs;

(b)

The involvement of the offender in other international organized criminal activities;

(c)

The involvement of the offender in other illegal activities facilitated by commission of the offence;

(d)

The use of violence or arms by the offender;

(e)

The fact that the offender holds a public office and that the offence is connected with the office in question;

(f)

The victimization or use of minors;

(g)

The fact that the offence is committed in a penal institution or in an educational institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities;

(h)

Prior conviction, particularly for similar offences, whether foreign or domestic, to the extent permitted under the domestic law of a Party.

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