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FUGITIVE OFFENDERS (DRUGS) ORDER - SCHEDULE SCHEDULE
[section 2]
UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES
The Parties to this Convention,
Deeply concerned by the magnitude of and rising trend in the illicit
production of, demand for and traffic in narcotic drugs and psychotropic
substances, which pose a serious threat to the health and welfare of human
beings and adversely affect the economic, cultural and political foundations
of society,
Deeply concerned also by the steadily increasing inroads into various social
groups made by illicit traffic in narcotic drugs and psychotropic substances,
and particularly by the fact that children are used in many parts of the world
as an illicit drug consumers market and for purposes of illicit production,
distribution and trade in narcotic drugs and psychotropic substances, which
entails a danger of incalculable gravity,
Recognizing the links between illicit traffic and other related organized
criminal activities which undermine the legitimate economies and threaten the
stability, security and sovereignty of States,
Recognizing also that illicit traffic is an international criminal activity,
the suppression of which demands urgent attention and the highest priority,
Aware that illicit traffic generates large financial profits and wealth
enabling transnational criminal organizations to penetrate, contaminate and
corrupt the structures of government, legitimate commercial and financial
business, and society at all its levels,
Determined to deprive persons engaged in illicit traffic of the proceeds of
their criminal activities and thereby eliminate their main incentive for so
doing,
Desiring to eliminate the root causes of the problem of abuse of narcotic
drugs and psychotropic substances, including the illicit demand for such drugs
and substances and the enormous profits derived from illicit traffic,
Considering that measures are necessary to monitor certain substances,
including precursors, chemicals and solvents, which are used in the
manufacture of narcotic drugs and psychotropic substances, the ready
availability of which has led to an increase in the clandestine manufacture of
such drugs and substances,
Determined to improve international co-operation in the suppression of
illicit traffic by sea,
Recognizing that eradication of illicit traffic is a collective responsibility
of all States and that, to that end, co-ordinated action within the framework
of international co-operation is necessary,
Acknowledging the competence of the United Nations in the field of control of
narcotic drugs and psychotropic substances and desirous that the international
organs concerned with such control should be within the framework of that
Organization,
Reaffirming the guiding principles of existing treaties in the field of
narcotic drugs and psychotropic substances and the system of control which
they embody,
Recognizing the need to reinforce and supplement the measures provided in the
Single Convention on Narcotic Drugs, 1961, that Convention as amended by the
1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961, and the
1971 Convention on Psychotropic Substances, in order to counter the magnitude
and extent of illicit traffic and its grave consequences,
Recognizing also the importance of strengthening and enhancing effective legal
means for international co-operation in criminal matters for suppressing the
international criminal activities of illicit traffic,
Desiring to conclude a comprehensive, effective and operative international
convention that is directed specifically against illicit traffic and that
considers the various aspects of the problem as a whole, in particular those
aspects not envisaged in the existing treaties in the field of narcotic drugs
and psychotropic substances,
Hereby agrees as follows:
Article 1
DEFINITIONS
Except where otherwise expressly indicated or where the context otherwise
requires, the following definitions shall apply throughout this Convention:
(a) "Board" means the International Narcotics Control Board
established by the Single Convention on Narcotic Drugs, 1961, and that
Convention as amended by the 1972 Protocol Amending the Single Convention on
Narcotic Drugs, 1961;
(b) "Cannabis plant" means any plant of the genus Cannabis;
(c) "Coca bush" means the plant of any species of the genus
Erythroxylon;
(d) "Commercial carrier" means any person or any public, private or
other entity engaged in transporting persons, goods or mails for remuneration,
hire, or any other benefit;
(e) "Commission" means the Commission on Narcotic Drugs of the
Economic and Social Council of the United Nations;
(f) "Confiscation", which includes forfeiture where applicable,
means the permanent deprivation of property by order of a court or other
competent authority;
(g) "Controlled delivery" means the technique of allowing illicit
or suspect consignments of narcotic drugs, psychotropic substances, substances
in Table I and Table II annexed to this Convention, or substances substituted
for them, to pass out of, through or into the territory of one or more
countries, with the knowledge and under the supervision of their competent
authorities, with a view to identifying persons involved in the commission of
offences established in accordance with article 3, paragraph 1 of the
Convention;
(h) "1961 Convention" means the Single Convention on Narcotic Drugs,
1961;
(i) "1961 Convention as amended" means the Single Convention on
Narcotic Drugs, 1961, as amended by the 1972 Protocol Amending the
Single Convention on Narcotic Drugs, 1961;
(j) "1971 Convention" means the Convention on Psychotropic Substances,
1971;
(k) "Council" means the Economic and Social Council of the United
Nations;
(l) "Freezing" or "seizure" means temporarily prohibiting the
transfer, conversion, disposition or movement of property or temporarily
assuming custody or control of property on the basis of an order issued by a
court or a competent authority;
(m) "Illicit traffic" means the offences set forth in article 3,
paragraphs 1 and 2, of this Convention;
(n) "Narcotic drug" means any of the substances, natural or
synthetic, in Schedules I and II of the Single Convention on Narcotic Drugs,
1961, and that Convention as amended by the 1972 Protocol Amending the Single
Convention on Narcotic Drugs, 1961;
(o) "Opium poppy" means the plant of the species Papaver somniferum
L;
(p) "Proceeds" means any property derived from or obtained,
directly or indirectly, through the commission of an offence established in
accordance with article 3, paragraph 1;
(q) "Property" means assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible, and legal documents
or instruments evidencing title to, or interest in, such assets;
(r) "Psychotropic substance" means any substance, natural or
synthetic, or any natural material in Schedules I, II, III and IV of the
Convention on Psychotropic Substances, 1971;
(s) "Secretary-General" means the Secretary-General of the United
Nations;
(t) "Table I" and "Table II" mean the correspondingly numbered
lists of substances annexed to this Convention, as amended from time to time
in accordance with article 12;
(u) "Transit State" means a State through the territory of which
illicit narcotic drugs, psychotropic substances and substances in Table I and
Table II are being moved, which is neither the place of origin nor the place
of ultimate destination thereof.
Article 2
SCOPE OF THE CONVENTION
1. The purpose of this Convention is to promote co-operation among the Parties
so that they may address more effectively the various aspects of
illicit traffic in narcotic drugs and psychotropic substances having an
international dimension. In carrying out their obligations under the
Convention, the Parties shall take necessary measures, including legislative
and administrative measures, in conformity with the fundamental provisions of
their respective domestic legislative systems.
2. The Parties shall carry out their obligations under this Convention in a
manner consistent with the principles of sovereign equality and territorial
integrity of States and that of non-intervention in the domestic affairs of
other States.
3. A Party shall not undertake in the territory of another Party the exercise
of jurisdiction and performance of functions which are exclusively reserved
for the authorities of that other Party by its domestic law.
Article 3
OFFENCES AND SANCTIONS
1. Each Party shall adopt such measures as may be necessary to establish as
criminal offences under its domestic law, when committed intentionally:
(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 or
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 systems:
(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 or psychotropic substances;
(iii) Publicly inciting or inducing others, by any means, to commit
any of the offences 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. Subject to its constitutional principles and the basic concepts of its
legal system, each Party shall adopt such measures as may be necessary to
establish as a criminal offence under its domestic law, when committed
intentionally, the possession, purchase or cultivation of narcotic drugs or
psychotropic substances for personal consumption contrary to the provisions of
the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.
3. Knowledge, intent or purpose required as an element of an offence set forth
in paragraph 1 of this article may be inferred from objective factual
circumstances.
4. (a) Each Party shall make the commission of the offences established in
accordance with paragraph 1 of this article liable to sanctions which take
into account the grave nature of these offences, such as imprisonment or other
forms of deprivation of liberty, pecuniary sanctions and confiscation.
(b) The Parties may provide, in addition to conviction or punishment, for
an offence established in accordance with paragraph 1 of this article,
that the offender shall undergo measures such as treatment, education,
aftercare, rehabilitation or social reintegration.
(c) Notwithstanding the preceding subparagraphs, in appropriate cases of a
minor nature, the Parties may provide, as alternatives to conviction
or punishment, measures such as education, rehabilitation or social
reintegration, as well as, when the offender is a drug abuser,
treatment and aftercare.
(d) The Parties may provide, either as an alternative to conviction or
punishment, or in addition to conviction or punishment of an offence
established in accordance with paragraph 2 of this article, measures
for the treatment, education, aftercare, rehabilitation or social
reintegration of the offender.
5. The Parties shall ensure that their courts and other competent authorities
having jurisdiction can take into account factual circumstances which make the
commission of the offences established in accordance with paragraph 1 of this
article particularly serious, such as:
(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.
6. The Parties shall endeavour to ensure that any discretionary legal powers
under their domestic law relating to the prosecution of persons for offences
established in accordance with this article are exercised to maximize the
effectiveness of law enforcement measures in respect of those offences and
with due regard to the need to deter the commission of such offences.
7. The Parties shall ensure that their courts or other competent authorities
bear in mind the serious nature of the offences enumerated in paragraph 1 of
this article and the circumstances enumerated in paragraph 5 of this article
when considering the eventuality of early release or parole of persons
convicted of such offences.
8. Each Party shall, where appropriate, establish under its domestic law a
long statute of limitations period in which to commence proceedings for any
offence established in accordance with paragraph 1 of this article, and a
longer period where the alleged offender has evaded the administration of
justice.
9. Each Party shall take appropriate measures, consistent with its legal
system, to ensure that a person charged with or convicted of an offence
established in accordance with paragraph 1 of this article, who is found
within its territory, is present at the necessary criminal proceedings.
10. For the purpose of co-operation among the Parties under this Convention,
including, in particular, co-operation under articles 5, 6, 7 and 9, offences
established in accordance with this article shall not be considered as fiscal
offences or as political offences or regarded as politically motivated,
without prejudice to the constitutional limitations and the fundamental
domestic law of the Parties.
11. Nothing contained in this article shall affect the principle that the
description of the offences to which it refers and of legal defences thereto
is reserved to the domestic law of a Party and that such offences shall be
prosecuted and punished in conformity with that law.
Article 4
JURISDICTION
1. Each Party:
(a) Shall take such measures as may be necessary to establish its jurisdiction
over the offences it has established in accordance with article 3, paragraph
1, when:
(i) The offence is committed in its territory;
(ii) The offence is committed on board a vessel flying its flag or
an aircraft which is registered under its laws at the time the
offence is committed;
(b) May take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when:
(i) The offence is committed by one of its nationals or by a person
who has his habitual residence in its territory;
(ii) The offence is committed on board a vessel concerning which
that Party has been authorized to take appropriate action
pursuant to article 17, provided that such jurisdiction shall
be exercised only on the basis of agreements or arrangements
referred to in paragraphs 4 and 9 of that article;
(iii) The offence is one of those established in accordance with
article 3, paragraph 1, subparagraph (c)(iv), and is committed
outside its territory with a view to the commission, within its
territory, of an offence established in accordance with article
3, paragraph 1.
2. Each Party:
(a) Shall also take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when the alleged offender is present in its
territory and it does not extradite him to another Party on the
ground:
(i) That the offence has been committed in its territory or on
board a vessel flying its flag or an aircraft which was
registered under its law at the time the offence was committed;
or
(ii) That the offence has been committed by one of its nationals;
(b) May also take such measures as may be necessary to establish its
jurisdiction over the offences it has established in accordance with
article 3, paragraph 1, when the alleged offender is present in its
territory and it does not extradite him to another Party.
3. This Convention does not exclude the exercise of any criminal jurisdiction
established by a Party in accordance with its domestic law.
Article 5
CONFISCATION
1. Each Party shall adopt such measures as may be necessary to enable
confiscation of:
(a) Proceeds derived from offences established in accordance with article
3, paragraph 1, or property the value of which corresponds to that or
such proceeds;
(b) Narcotic drugs and psychotropic substances, materials and equipment or
other instrumentalities used in or intended for use in any manner in
offences established in accordance with article 3, paragraph 1.
2. Each Party shall also adopt such measures as may be necessary to enable its
competent authorities to identify, trace, and freeze or seize proceeds,
property, instrumentalities or any other things referred to in paragraph 1 of
this article, for the purpose of eventual confiscation.
3. In order to carry out the measures referred to in this article, each Party
shall empower its courts or other competent authorities to order that bank,
financial or commercial records be made available or be seized. A Party shall
not decline to act under the provisions of this paragraph on the ground of
bank secrecy.
4. (a) Following a request made pursuant to this article by another Party
having jurisdiction over an offence established in accordance with article 3,
paragraph 1, the Party in whose territory proceeds, property,
instrumentalities or any other things referred to in paragraph 1 of this
article are situated shall:
(i) Submit the request to its competent authorities for the purpose
of obtaining an order of confiscation and, if such order is
granted, give effect to it; or
(ii) Submit to its competent authorities, with a view to giving
effect to it to the extent requested, an order of confiscation
issued by the requesting Party in accordance with paragraph 1
of this article, in so far as it relates to proceeds, property,
instrumentalities or any other things referred to in paragraph
1 situated in the territory of the requested Party.
(b) Following a request made pursuant to this article by another Party
having jurisdiction over an offence established in accordance with
article 3, paragraph 1, the requested Party shall take measures to
identify, trace, and freeze or seize proceeds, property,
instrumentalities or any other things referred to in paragraph 1 of
this article for the purpose of eventual confiscation to be ordered
either by the requesting Party or, pursuant to a request under
subparagraph (a) of this paragraph, by the requested Party.
(c) The decisions or actions provided for in subparagraphs (a) and
(b) of this paragraph shall be taken by the requested Party, in accordance
with and subject to the provisions of its domestic law and its
procedural rules or any bilateral or multilateral treaty, agreement or
arrangement to which it may be bound in relation to the requesting
Party.
(d) The provisions of article 7, paragraphs 6 to 19 are applicable mutatis
mutandis. In addition to the information specified in article 7,
paragraph 10, requests made pursuant to this article shall contain the
following:
(i) In the case of a request pertaining to subparagraph (a)(i) of
this paragraph, a description of the property to be confiscated
and a statement of the facts relied upon by the requesting
Party sufficient to enable the requested Party to seek the
order under its domestic law;
(ii) In the case of a request pertaining to subparagraph (a)(ii), a
legally admissible copy of an order of confiscation issued by
the requesting Party upon which the request is based, a
statement of the facts and information as to the extent to
which the execution of the order is requested;
(iii) In the case of a request pertaining to subparagraph (b), a
statement of the facts relied upon by the requesting Party and
a description of the actions requested.
(e) Each Party shall furnish to the Secretary-General the text of any of
its laws and regulations which give effect to this paragraph and the
text of any subsequent changes to such laws and regulations.
(f) If a Party elects to make the taking of the measures referred to in
subparagraphs (a) and (b) of this paragraph conditional on the
existence of a relevant treaty, that Party shall consider this
Convention as the necessary and sufficient treaty basis.
(g) The Parties shall seek to conclude bilateral and multilateral
treaties, agreements or arrangements to enhance the effectiveness of
international co-operation pursuant to this article.
5. (a) Proceeds or property confiscated by a Party pursuant to paragraph 1 or
paragraph 4 of this article shall be disposed of by that Party according to
its domestic law and administrative procedures.
(b) When acting on the request of another Party in accordance with this
article, a Party may give special consideration to concluding
agreements on:
(i) Contributing the value of such proceeds and property, or funds
derived from the sale of such proceeds or property, or a
substantial part thereof, to intergovernmental bodies
specializing in the fight against illicit traffic in and abuse
of narcotic drugs and psychotropic substances;
(ii) Sharing with other Parties, on a regular or case-by-case basis,
such proceeds or property, or funds derived from the sale of
such proceeds or property, in accordance with its domestic law,
administrative procedures or bilateral or multilateral
agreements entered into for this purpose.
6. (a) If proceeds have been transformed or converted into other property,
such property shall be liable to the measures referred to in this article
instead of the proceeds.
(b) If proceeds have been intermingled with property acquired from
legitimate sources, such property shall, without prejudice to any
powers relating to seizure or freezing, be liable to confiscation up
to the assessed value of the intermingled proceeds.
(c) Income or other benefits derived from:
(i) Proceeds;
(ii) Property into which proceeds have been transformed or
converted; or
(iii) Property with which proceeds have been intermingled shall also
be liable to the measures referred to in this article, in the
same manner and to the same extent as proceeds.
7. Each Party may consider ensuring that the onus of proof be reversed
regarding the lawful origin of alleged proceeds or other property liable to
confiscation, to the extent that such action is consistent with the principles
of its domestic law and with the nature of the judicial and other proceedings.
8. The provision of this article shall not be construed as prejudicing the
rights of bona fide third parties.
9. Nothing contained in this article shall affect the principle that the
measures to which it refers shall be defined and implemented in accordance
with and subject to the provisions of the domestic law of a Party.
Article 6
EXTRADITION
1. This article shall apply to the offences established by the Parties in
accordance with article 3, paragraph 1.
2. Each of the offences to which this article applies shall be deemed to be
included as an extraditable offence in any extradition treaty existing between
Parties. The Parties undertake to include such offences as extraditable
offences in every extradition treaty to be concluded between them.
3. If a Party which makes extradition conditional on the existence of a treaty
receives a request for extradition from another Party with which it has no
extradition treaty, it may consider this Convention as the legal basis for
extradition in respect of any offence to which this article applies. The
Parties which require detailed legislation in order to use this Convention as
a legal basis for extradition shall consider enacting such legislation as may
be necessary.
4. The Parties which do not make extradition conditional on the existence of a
treaty shall recognize offences to which this article applies as extraditable
offences between themselves.
5. Extradition shall be subject to the conditions provided for by the law of
the requested Party or by applicable extradition treaties, including the
grounds upon which the requested Party may refuse extradition.
6. In considering requests received pursuant to this article, the requested
State may refuse to comply with such requests where there are substantial
grounds leading its judicial or other competent authorities to believe that
compliance would facilitate the prosecution or punishment of any person on
account of his race, religion, nationality or political opinions, or would
cause prejudice for any of those reasons to any person affected by the
request.
7. The Parties shall endeavour to expedite extradition procedures and to
simplify evidentiary requirements relating thereto in respect of any offence
to which this article applies.
8. Subject to the provisions of its domestic law and its extradition treaties,
the requested Party may, upon being satisfied that the circumstances so
warrant and are urgent, and at the request of the requesting Party, take a
person whose extradition is sought and who is present in its territory into
custody or take other appropriate measures to ensure his presence at
extradition proceedings.
9. Without prejudice to the exercise of any criminal jurisdiction established
in accordance with its domestic law, a Party in whose territory an alleged
offender is found shall:
(a) If it does not extradite him in respect of an offence established in
accordance with article 3, paragraph 1, on the grounds set forth in
article 4, paragraph 2, subparagraph (a), submit the case to its
competent authorities for the purpose of prosecution, unless otherwise
agreed with the requesting Party;
(b) If it does not extradite him in respect of such an offence and has
established its jurisdiction in relation to that offence in accordance
with article 4, paragraph 2, subparagraph (b), submit the case to its
competent authorities for the purpose of prosecution, unless otherwise
requested by the requesting Party for the purposes of preserving its
legitimate jurisdiction.
10. If extradition, sought for purposes of enforcing a sentence, is refused
because the person sought is a national of the requested Party, the requested
Party shall, if its law so permits and in conformity with the requirements of
such law, upon application of the requesting Party, consider the enforcement
of the sentence which has been imposed under the law of the requesting Party,
or the remainder thereof.
11. The Parties shall seek to conclude bilateral and multilateral agreements
to carry out or to enhance the effectiveness of extradition.
12. The Parties may consider entering into bilateral or multilateral
agreements, whether ad hoc or general, on the transfer to their country of
persons sentenced to imprisonment and other forms of deprivation of liberty
for offences to which this article applies, in order that they may complete
their sentence there.
Article 7
MUTUAL LEGAL ASSISTANCE
1. The Parties shall afford one another, pursuant to this article, the widest
measure of mutual legal assistance in investigations, prosecutions and
judicial proceedings in relation to criminal offences established in
accordance with article 3, paragraph 1.
2. Mutual legal assistance to be afforded in accordance with this article may
be requested for any of the following purposes:
(a) Taking evidence or statements from persons;
(b) Effecting service of judicial documents;
(c) Executing searches and seizures;
(d) Examining objects and sites;
(e) Providing information and evidentiary items;
(f) Providing originals or certified copies of relevant documents and
records, including bank, financial, corporate or business records;
(g) Identifying or tracing proceeds, property, instrumentalities or other
things for evidentiary purposes.
3. The Parties may afford one another any other forms of mutual legal
assistance allowed by the domestic law of the requested Party.
4. Upon request, the Parties shall facilitate or encourage, to the extent
consistent with their domestic law and practice, the presence or availability
of persons, including persons in custody, who consent to assist in
investigations or participate in proceedings.
5. A Party shall not decline to render mutual legal assistance under this
article on the ground of bank secrecy.
6. The provisions of this article shall not affect the obligations under any
other treaty, bilateral or multilateral, which governs or will govern, in
whole or in part, mutual legal assistance in criminal matters.
7. Paragraphs 8 to 19 of this article shall apply to requests made pursuant to
this article if the Parties in question are not bound by a treaty of mutual
legal assistance. If these Parties are bound by such a treaty, the
corresponding provisions of that treaty shall apply unless the Parties agree
to apply paragraphs 8 to 19 of this article in lieu thereof.
8. Parties shall designate an authority, or when necessary authorities, which
shall have the responsibility and power to execute requests for mutual legal
assistance or to transmit them to the competent authorities for execution. The
authority or the authorities designated for this purpose shall be notified to
the Secretary-General. Transmission of requests for mutual legal assistance
and any communication related thereto shall be effected between the
authorities designated by the Parties; this requirement shall be without
prejudice to the right of a Party to require that such requests and
communications be addressed to it through the diplomatic channel and, in
urgent circumstances, where the Parties agree, through channels of the
international Criminal Police Organization, if possible.
9. Requests shall be made in writing in a language acceptable to the requested
Party. The language or languages acceptable to each Party shall be notified to
the Secretary-General. In urgent circumstances, and where agreed by the
Parties, requests may be made orally, but shall be confirmed in writing
forthwith.
10. A request for mutual legal assistance shall contain:
(a) The identity of the authority making the request;
(b) The subject matter and nature of the investigation, prosecution or
proceeding to which the request relates, and the name and the
functions of the authority conducting such investigation, prosecution
or proceeding;
(c) A summary of the relevant facts, except in respect of requests for the
purpose of service or judicial documents;
(d) A description of the assistance sought and details of any particular
procedure the requesting Party wishes to be followed;
(e) Where possible, the identity, location and nationality of any person
concerned;
(f) The purpose for which the evidence, information or action is sought.
11. The requested Party may request additional information when it appears
necessary for the execution of the request in accordance with its domestic law
or when it can facilitate such execution.
12. A request shall be executed in accordance with the domestic law of the
requested Party and, to the extent not contrary to the domestic law of the
requested Party and where possible, in accordance with the procedures
specified in the request.
13. The requesting Party shall not transmit nor use information or evidence
furnished by the requested Party for investigations, prosecutions or
proceedings other than those stated in the request without the prior consent
of the requested party.
14. The requesting Party may require that the requested Party keep
confidential the fact and substance of the request, except to the extent
necessary to execute the request. If the requested Party cannot comply with
the requirement of confidentiality, it shall promptly inform the requesting
Party.
15. Mutual legal assistance may be refused:
(a) If the request is not made in conformity with the provisions of this
article;
(b) If the requested Party considers that execution of the request is
likely to prejudice its sovereignty, security, ordre public or other
essential interests;
(c) If the authorities of the requested Party would be prohibited by its
domestic law from carrying out the action requested with regard to any
similar offence, had it been subject to investigation, prosecution or
proceedings under their own jurisdiction;
(d) If it would be contrary to the legal system of the requested Party
relating to mutual legal assistance for the request to be granted.
16. Reasons shall be given for any refusal of mutual legal assistance.
17. Mutual legal assistance may be postponed by the requested Party on the
ground that it interferes with an ongoing investigation, prosecution or
proceeding. In such a case, the requested Party shall consult with the
requesting Party to determine if the assistance can still be given subject to
such terms and conditions as the requested Party deems necessary.
18. A witness, expert or other person who consents to give evidence in a
proceeding or to assist in an investigation, prosecution or judicial
proceeding in the territory of the requesting Party, shall not be prosecuted,
detained, punished or subjected to any other restriction of his personal
liberty in that territory in respect of acts, omissions or convictions prior
to his departure from the territory of the requested Party. Such safe conduct
shall cease when the witness, expert or other person having had, for a period
of fifteen consecutive days, or for any period agreed upon by the Parties,
from the date on which he has been officially informed that his presence is no
longer required by the judicial authorities, an opportunity of leaving, has
nevertheless remained voluntarily in the territory or, having left it, has
returned of his own free will.
19. The ordinary costs of executing a request shall be borne by the requested
Party, unless otherwise agreed by the Parties concerned. If expenses of a
substantial or extraordinary nature are or will be required to fulfil the
request, the Parties shall consult to determine the terms and conditions under
which the request will be executed as well as the manner in which the costs
shall be borne.
20. The Parties shall consider, as may be necessary, the possibility of
concluding bilateral or multilateral agreements or arrangements that would
serve the purposes of, give practical effect to, or enhance the provisions of
this article.
Article 8
TRANSFER OF PROCEEDINGS
The Parties shall give consideration to the possibility of transferring to one
another proceedings for criminal prosecution of offences established in
accordance with article 3, paragraph 1, in cases where such transfer is
considered to be in the interests of a proper administration of justice.
Article 9
OTHER FORMS OF CO-OPERATION AND TRAINING
1. The Parties shall co-operate closely with one another, consistent with
their respective domestic legal and administrative systems, with a view to
enhancing the effectiveness of law enforcement action to suppress the
commission of offences established in accordance with article 3, paragraph 1.
They shall, in particular, on the basis of bilateral or multilateral
agreements or arrangements:
(a) Establish and maintain channels of communication between their
competent agencies and services to facilitate the secure and rapid
exchange of information concerning all aspects of offences established
in accordance with article 3, paragraph 1, including, if the Parties
concerned deem it appropriate, links with other criminal activities;
(b) Co-operate with one another in conducting enquiries, with respect to
offences established in accordance with article 3, paragraph 1, having
an international character, concerning:
(i) The identity, whereabouts and activities of persons suspected
of being involved in offences established in accordance with
article 3, paragraph 1;
(ii) The movement of proceeds or property derived from the
commission of such offences;
(iii) The movement of narcotic drugs, psychotropic substances,
substances in Table I and Table II of this Convention and
instrumentalities used or intended for use in the commission of
such offences;
(c) In appropriate cases and if not contrary to domestic law, establish
joint teams, taking into account the need to protect the security of
persons and of operations, to carry out the provisions of this
paragraph. Officials of any Party taking part in such teams shall act
as authorized by the appropriate authorities of the Party in whose
territory the operation is to take place; in all such cases, the
Parties involved shall ensure that the sovereignty of the Party on
whose territory the operation is to take place is fully respected;
(d) Provide, when appropriate, necessary quantities of substances for
analytical or investigative purposes;
(e) Facilitate effective co-ordination between their competent agencies
and services and promote the exchange of personnel and other experts,
including the posting of liaison officers.
2. Each Party shall, to the extent necessary, initiate, develop or improve
specific training programmes for its law enforcement and other personnel,
including customs, charged with the suppression of offences established in
accordance with article 3, paragraph 1. Such programmes shall deal, in
particular, with the following:
(a) Methods used in the detection and suppression of offences established
in accordance with article 3, paragraph 1;
(b) Routes and techniques used by persons suspected of being involved in
offences established in accordance with article 3, paragraph 1,
particularly in transit States, and appropriate countermeasures;
(c) Monitoring of the import and export of narcotic drugs,
psychotropic substances and substances in Table I and Table II;
(d) Detection and monitoring of the movement of proceeds and property
derived from, and narcotic drugs, psychotropic substances and
substances in Table I and Table II, and instrumentalities used or
intended for use in, the commission of offences established in
accordance with article 3, paragraph 1;
(e) Methods used for the transfer, concealment or disguise of such
proceeds, property and instrumentalities;
(f) Collection of evidence;
(g) Control techniques in free trade zones and free ports;
(h) Modern law enforcement techniques.
3. The Parties shall assist one another to plan and implement research and
training programmes designed to share expertise in the areas referred to in
paragraph 2 of this article and, to this end, shall also, when appropriate,
use regional and international conferences and seminars to promote
co-operation and stimulate discussion on problems of mutual concern, including
the special problems and needs of transit States.
Article 10
INTERNATIONAL CO-OPERATION AND ASSISTANCE FOR TRANSIT STATES
1. The Parties shall co-operate, directly or through competent international
or regional organizations, to assist and support transit States and, in
particular, developing countries in need of such assistance and support, to
the extent possible, through programmes of technical co-operation on
interdiction and other related activities.
2. The Parties may undertake, directly or through competent international or
regional organizations, to provide financial assistance to such transit States
for the purpose of augmenting and strengthening the infrastructure needed for
effective control and prevention of illicit traffic.
3. The Parties may conclude bilateral or multilateral agreements or
arrangements to enhance the effectiveness of international co-operation
pursuant to this article and may take into consideration financial
arrangements in this regard.
Article 11
CONTROLLED DELIVERY
1. If permitted by the basic principles of their respective domestic legal
systems, the Parties shall take the necessary measures, within their
possibilities, to allow for the appropriate use of controlled delivery at the
international level, on the basis of agreements or arrangements mutually
consented to, with a view to identifying persons involved in offences
established in accordance with article 3, paragraph 1, and to taking legal
action against them.
2. Decisions to use controlled delivery shall be made on a case-by-case basis
and may, when necessary, take into consideration financial arrangements and
understandings with respect to the exercise of jurisdiction by the Parties
concerned.
3. Illicit consignments whose controlled delivery is agreed to may, with the
consent of the Parties concerned, be intercepted and allowed to continue with
the narcotic drugs or psychotropic substances intact or removed or replaced in
whole or in part.
Article 12
SUBSTANCES FREQUENTLY USED IN THE ILLICIT MANUFACTURE OF NARCOTIC DRUGS OR
PSYCHOTROPIC SUBSTANCES
1. The Parties shall take the measures they deem appropriate to prevent
diversion of substances in Table I and Table II used for the purpose of
illicit manufacture of narcotic drugs or psychotropic substances, and shall
co-operate with one another to this end.
2. If a Party or the Board has information which in its opinion may require
the inclusion of a substance in Table I or Table II, it shall notify the
Secretary-General and furnish him with the information in support of that
notification. The procedure described in paragraphs 2 to 7 of this article
shall also apply when a Party or the Board has information justifying the
deletion of a substance from Table I or Table II, or the transfer of a
substance from one Table to the other.
3. The Secretary-General shall transmit such notification, and any information
which he considers relevant, to the Parties, to the Commission, and, where
notification is made by a Party, to the Board. The Parties shall communicate
their comments concerning the notification to the Secretary-General, together
with all supplementary information which may assist the Board in establishing
an assessment and the Commission in reaching a decision.
4. If the Board, taking into account the extent, importance and diversity of
the licit use of the substance, and the possibility and ease of using
alternate substances both for licit purposes and for the illicit manufacture
of narcotic drugs or psychotropic substances, finds:
(a) That the substance is frequently used in the illicit manufacture of a
narcotic drug or psychotropic substance;
(b) That the volume and extent of the illicit manufacture of a
narcotic drug or psychotropic substance creates serious public health
or social problems, so as to warrant international action, it shall
communicate to the Commission an assessment of the substance,
including the likely effect of adding the substance to either Table I
or Table II on both licit use and illicit manufacture, together with
recommendations of monitoring measures, if any, that would be
appropriate in the light of its assessment.
5. The Commission, taking into account the comments submitted by the Parties
and the comments and recommendations of the Board, whose assessment shall be
determinative as to scientific matters, and also taking into due consideration
any other relevant factors, may decide by a two-thirds majority of its members
to place a substance in Table I or Table II.
6. Any decision of the Commission taken pursuant to this article shall be
communicated by the Secretary-General to all States and other entities which
are, or which are entitled to become, Parties to this Convention, and to the
Board. Such decision shall become fully effective with respect to each Party
one hundred and eighty days after the date of such communication.
7. (a) The decisions of the Commission taken under this article shall be
subject to review by the Council upon the request of any Party filed within
one hundred and eighty days after the date of notification of the decision.
The request for review shall be sent to the Secretary-General, together with
all relevant information upon which the request for review is based.
(b) The Secretary-General shall transmit copies of the request for review
and the relevant information to the Commission, to the Board and to
all the Parties, inviting them to submit their comments within ninety
days. All comments received shall be submitted to the Council for
consideration.
(c) The Council may confirm or reverse the decision of the Commission.
Notification of the Council's decision shall be transmitted to all
States and other entities which are, or which are entitled to become,
Parties to this Convention, to the Commission and to the Board.
8. (a) Without prejudice to the generality of the provisions contained in
paragraph 1 of this article and the provisions of the 1961 Convention, the
1961 Convention as amended and the 1971 Convention, the Parties shall take the
measures they deem appropriate to monitor the manufacture and distribution of
substances in Table I and Table II which are carried out within their
territory.
(b) To this end, the Parties may:
(i) Control all persons and enterprises engaged in the manufacture
and distribution of such substances;
(ii) Control under licence the establishment and premises in which
such manufacture or distribution may take place;
(iii) Require that licensees obtain a permit for conducting the
aforesaid operations;
(iv) Prevent the accumulation of such substances in the possession
of manufacturers and distributors, in excess of the quantities
required for the normal conduct of business and the prevailing
market conditions.
9. Each Party shall, with respect to substances in Table I and Table II, take
the following measures:
(a) Establish and maintain a system to monitor international trade in
substances in Table I and Table II in order to facilitate the
identification of suspicious transactions. Such monitoring systems
shall be applied in close co-operation with manufacturers, importers,
exporters, wholesalers and retailers, who shall inform the competent
authorities of suspicious orders and transactions.
(b) Provide for the seizure of any substance in Table I or Table II if
there is sufficient evidence that it is for use in the illicit
manufacture of a narcotic drug or psychotropic substance.
(c) Notify, as soon as possible, the competent authorities and services of
the Parties concerned if there is reason to believe that the import,
export or transit of a substance in Table I or Table II is destined
for the illicit manufacture of narcotic drugs or psychotropic
substances, including in particular information about the means of
payment and any other essential elements which led to that belief.
(d) Require that imports and exports be properly labelled and documented
Commercial documents such as invoices, cargo manifests, customs,
transport and other shipping documents shall include the names, as
stated in Table I or Table II, of the substances being imported or
exported, the quantity being imported or exported, and the name and
address of the exporter, the importer and, when available, the
consignee.
(e) Ensure that documents referred to in subparagraph (d) of this
paragraph are maintained for a period of not less than two years and
may be made available for inspection by the competent authorities.
10. (a) In addition to the provisions of paragraph 9, and upon request to the
Secretary-General by the interested Party, each Party from whose territory a
substance in Table I is to be exported shall ensure that, prior to such
export, the following information is supplied by its competent authorities to
the competent authorities of the importing country:
(i) Name and address of the exporter and importer and, when
available, the consignee;
(ii) Name of the substance in Table I;
(iii) Quantity of the substance to be exported;
(iv) Expected point of entry and expected date of dispatch;
(v) Any other information which is mutually agreed upon by the
Parties.
(b) A Party may adopt more strict or severe measures of control than those
provided by this paragraph if, in its opinion, such measures are
desirable or necessary.
11. Where a Party furnishes information to another Party in accordance with
paragraphs 9 and 10 of this article, the Party furnishing such information may
require that the Party receiving it keep confidential any trade, business,
commercial or professional secret or trade process.
12. Each Party shall furnish annually to the Board, in the form and manner
provided for by it and on forms made available by it, information on:
(a) The amounts seized of substances in Table I and Table II and, when
known, their origin;
(b) Any substance not included in Table I or Table II which is identified
as having been used in illicit manufacture of narcotic drugs or
psychotropic substances, and which is deemed by the Party to be
sufficiently significant to be brought to the attention of the Board;
(c) Methods of diversion and illicit manufacture.
13. The Board shall report annually to the Commission on the implementation of
this article and the Commission shall periodically review the adequacy and
propriety of Table I and Table II.
14. The provisions of this article shall not apply to pharmaceutical
preparations, nor to other preparations containing substances in Table I or
Table II that are compounded in such a way that such substances cannot be
easily used or recovered by readily applicable means.
Article 13
MATERIALS AND EQUIPMENT
The Parties shall take such measures as they deem appropriate to prevent trade
in and the diversion of materials and equipment for illicit production or
manufacture of narcotic drugs and psychotropic substances and shall co-operate
to this end.
Article 14
MEASURES TO ERADICATE ILLICIT CULTIVATION OF NARCOTIC PLANTS AND TO ELIMINATE
ILLICIT DEMAND FOR NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
1. Any measures taken pursuant to this Convention by Parties shall not be less
stringent than the provisions applicable to the eradication of illicit
cultivation of plants containing narcotic and psychotropic substances and to
the elimination of illicit demand for narcotic drugs and
psychotropic substances under the provisions of the 1961 Convention, the 1961
Convention as amended and the 1971 Convention.
2. Each Party shall take appropriate measures to prevent illicit cultivation
of and to eradicate plants containing narcotic or psychotropic substances,
such as opium poppy, coca bush and cannabis plants, cultivated illicitly in
its territory. The measures adopted shall respect fundamental human rights and
shall take due account of traditional licit uses, where there is historic
evidence of such use, as well as the protection of the environment.
3. (a) The Parties may co-operate to increase the effectiveness of eradication
efforts. Such co-operation may, inter alia, include support, when appropriate,
for integrated rural development leading to economically viable alternatives
to illicit cultivation. Factors such as access to markets, the availability of
resources and prevailing socio-economic conditions should be taken into
account before such rural development programmes are implemented. The Parties
may agree on any other appropriate measures of co-operation.
(b) The Parties shall also facilitate the exchange of scientific and
technical information and the conduct of research concerning
eradication.
(c) Whenever they have common frontiers, the Parties shall seek to
co-operate in eradication programmes in their respective areas along
those frontiers.
4. The Parties shall adopt appropriate measures aimed at eliminating or
reducing illicit demand for narcotic drugs and psychotropic substances, with
a view to reducing human suffering and eliminating financial incentives for
illicit traffic. These measures may be based, inter alia, on the
recommendations of the United Nations, specialized agencies of the United
Nations such as the World Health Organization, and other competent
international organizations, and on the Comprehensive Multidisciplinary
Outline adopted by the International Conference on Drug Abuse and
Illicit Trafficking, held in 1987, as it pertains to governmental and
non-governmental agencies and private efforts in the fields of prevention,
treatment and rehabilitation. The Parties may enter into bilateral or
multilateral agreements or arrangements aimed at eliminating or reducing
illicit demand for narcotic drugs and psychotropic substances.
5. The Parties may also take necessary measures for early destruction or
lawful disposal of the narcotic drugs, psychotropic substances and substances
in Table I and Table II which have been seized or confiscated and for the
admissibility as evidence of duly certified necessary quantities of such
substances.
Article 15
COMMERCIAL CARRIERS
1. The Parties shall take appropriate measures to ensure that means of
transport operated by commercial carriers are not used in the commission of
offences established in accordance with article 3, paragraph 1; such measures
may include special arrangements with commercial carriers.
2. Each party shall require commercial carriers to take reasonable precautions
to prevent the use of their means of transport for the commission of offences
established in accordance with article 3, paragraph 1. Such precautions may
include:
(a) If the principal place of business of a commercial carrier is within
the territory of the Party:
(i) Training of personnel to identify suspicious consignments or
persons;
(ii) Promotion of integrity of personnel;
(b) If a commercial carrier is operating within the territory of the
Party:
(i) Submission of cargo manifests in advance, whenever possible;
(ii) Use of tamper-resistant, individually verifiable seals on
containers;
(iii) Reporting to the appropriate authorities at the earliest
opportunity all suspicious circumstances that may be related to
the commission of offences established in accordance with
article 3, paragraph 1.
3. Each Party shall seek to ensure that commercial carriers and the
appropriate authorities at points of entry and exit and other customs control
areas co-operate, with a view to preventing unauthorized access to means of
transport and cargo and to implementing appropriate security measures.
Article 16
COMMERCIAL DOCUMENTS AND LABELLING OF EXPORTS
1. Each Party shall require that lawful exports of narcotic drugs and
psychotropic substances be properly documented. In addition to the
requirements for documentation under article 31 of the 1961 Convention,
article 31 of the 1961 Convention as amended and article 12 of the 1971
Convention, commercial documents such as invoices, cargo manifests, customs,
transport and other shipping documents shall include the names of the
narcotic drugs and psychotropic substances being exported as set out in the
respective Schedules of the 1961 Convention, the 1961 Convention as amended
and the 1971 Convention, the quantity being exported, and the name and address
of the exporter, the importer and, when available, the consignee.
2. Each Party shall require that consignments of narcotic drugs and
psychotropic substances being exported be not mislabelled.
Article 17
ILLICIT TRAFFIC BY SEA
1. The Parties shall co-operate to the fullest extent possible to suppress
illicit traffic by sea, in conformity with the international law of the sea.
2. A Party which has reasonable grounds to suspect that a vessel flying its
flag or not displaying a flag or marks of registry is engaged in
illicit traffic may request the assistance of other Parties in suppressing its
use for that purpose. The Parties so requested shall render such assistance
within the means available to them.
3. A Party which has reasonable grounds to suspect that a vessel exercising
freedom of navigation in accordance with international law and flying the flag
or displaying marks of registry of another Party is engaged in illicit traffic
may so notify the flag State, request confirmation of registry and, if
confirmed, request authorization from the flag State to take appropriate
measures in regard to that vessel.
4. In accordance with paragraph 3 or in accordance with treaties in force
between them or in accordance with any agreement or arrangement otherwise
reached between those Parties, the flag State may authorize the requesting
State to, inter alia:
(a) Board the vessel;
(b) Search the vessel;
(c) If evidence of involvement in illicit traffic is found, take
appropriate action with respect to the vessel, persons and cargo on
board.
5. Where action is taken pursuant to this article, the Parties concerned shall
take due account of the need not to endanger the safety of life at sea, the
security of the vessel and the cargo or to prejudice the commercial and legal
interests of the flag State or any other interested State.
6. The flag State may, consistent with its obligations in paragraph 1 of this
article, subject its authorization to conditions to be mutually agreed between
it and the requesting party, including conditions relating to responsibility.
7. For the purposes of paragraphs 3 and 4 of this article, a Party shall
respond expeditiously to a request from another Party to determine whether a
vessel that is flying its flag is entitled to do so, and to requests for
authorization made pursuant to paragraph 3. At the time of becoming a Party to
this Convention, each Party shall designate an authority or, when necessary,
authorities to receive and respond to such requests. Such designation shall be
notified through the Secretary-General to all other Parties within one month
of the designation.
8. A Party which has taken any action in accordance with this article shall
promptly inform the flag Stage concerned of the results of that action.
9. The Parties shall consider entering into bilateral or regional agreements
or arrangements to carry out, or to enhance the effectiveness of, the
provisions of this article.
10. Action pursuant to paragraph 4 of this article shall be carried out only
by warships or military aircraft, or other ships or aircraft clearly marked
and identifiable as being on government service and authorised to that effect.
11. Any action taken in accordance with this article shall take due account of
the need not to interfere with or affect the rights and obligations and the
exercise of jurisdiction of coastal States in accordance with the
international law of the sea.
Article 18
FREE TRADE ZONES AND FREE PORTS
1. The Parties shall apply measures to suppress illicit traffic in
narcotic drugs, psychotropic substances and substances in Table I and Table II
in free trade zones and in free ports that are on less stringent than those
applied in other parts of their territories.
2. The Parties shall endeavour:
(a) To monitor the movement of goods and persons in free trade zones and
free ports, and, to that end, shall empower the competent authorities
to search cargoes and incoming and outgoing vessels, including
pleasure craft and fishing vessels, as well as aircraft and vehicles
and, when appropriate, to search crew members, passengers and their
baggage;
(b) To establish and maintain a system to detect consignments suspected of
containing narcotic drugs, psychotropic substances and substances in
Table I and Table II passing into or out of free trade zones and free
ports;
(c) To establish and maintain surveillance systems in harbour and dock
areas and at airports and border control points in free trade zones
and free ports.
Article 19
THE USE OF THE MAILS
1. In conformity with their obligations under the Conventions of the Universal
Postal Union, and in accordance with the basic principles of their domestic
legal systems, the Parties shall adopt measures to suppress the use of the
mails for illicit traffic and shall co-operate with one another to that end.
2. The measures referred to in paragraph 1 of this article shall include, in
particular:
(a) Co-ordinated action for the prevention and repression of the use of
the mails for illicit traffic;
(b) Introduction and maintenance by authorized law enforcement personnel
of investigative and control techniques designed to detect illicit
consignments of narcotic drugs, psychotropic substances and substances
in Table I and Table II in the mails;
(c) Legislative measures to enable the use of appropriate means to secure
evidence required for judicial proceedings.
Article 20
INFORMATION TO BE FURNISHED BY THE PARTIES
1. The Parties shall furnish, through the Secretary-General, information to
the Commission on the working of this Convention in their territories and, in
particular:
(a) The text of laws and regulations promulgated in order to give effect
to the Convention;
(b) Particulars of cases of illicit traffic within their jurisdiction
which they consider important because of new trends disclosed, the
quantities involved, the sources from which the substances are
obtained, or the methods employed by persons so engaged.
2. The Parties shall furnish such information in such a manner and by such
dates as the Commission may request.
Article 21
FUNCTIONS OF THE COMMISSION
The Commission is authorized to consider all matters pertaining to the aims of
this Convention and, in particular:
(a) The Commission shall, on the basis of the information submitted by the
Parties in accordance with Article 20, review the operation of this
Convention;
(b) The Commission may make suggestions and general recommendations based
on the examination of the information received from the Parties;
(c) The Commission may call the attention of the Board to any matters
which may be relevant to the functions of the Board;
(d) The Commission shall, on any matter referred to it by the Board under
article 22, paragraph 1(b), take such action as it deems appropriate;
(e) The Commission may, in conformity with the procedures laid down in
article 12, amend Table I and Table II;
(f) The Commission may draw the attention of non-Parties to decisions and
recommendations which it adopts under this Convention, with a view to
their considering taking action in accordance therewith.
Article 22
FUNCTIONS OF THE BOARD
1. Without prejudice to the functions of the Commission under article 21, and
without prejudice to the functions of the Board and the Commission under the
1961 Convention, the 1961 Convention as amended and the 1971 Convention:
(a) If, on the basis of its examination of information available to it, to
the Secretary-General or to the Commission, or of information
communicated by United Nations organs, the Board has reason to believe
that the aims of this Convention in matters related to its competence
are not being met, the Board may invite a Party or Parties to furnish
any relevant information;
(b) With respect to articles 12, 13 and 16:
(i) After taking action under subparagraph (a) of this article, the
Board, if satisfied that it is necessary to do so, may call
upon the Party concerned to adopt such remedial measures as
shall seem under the circumstances to be necessary for the
execution of the provisions of articles 12, 13 and 16;
(ii) Prior to taking action under (iii) below, the Board shall treat
as confidential its communications with the Party concerned
under the preceding subparagraphs;
(iii) If the Board finds that the Party concerned has not taken
remedial measures which it has been called upon to take under
this subparagraph, it may call the attention of the Parties,
the Council and the Commission to the matter. Any report
published by the Board under this subparagraph shall also
contain the views of the Party concerned if the latter so
requests.
2. Any Party shall be invited to be represented at a meeting of the Board at
which a question of direct interest to it is to be considered under this
article.
3. If in any case a decision of the Board which is adopted under this article
is not unanimous, the views of the minority shall be stated.
4. Decisions of the Board under this article shall be taken by a two-thirds
majority of the whole number of the Board.
5. In carrying out its functions pursuant to subparagraph 1(a) of this
article, the Board shall ensure the confidentiality of all information which
may come into its possession.
6. The Board's responsibility under this article shall not apply to the
implementation of treaties or agreements entered into between Parties in
accordance with the provisions of this Convention.
7. The provisions of this article shall not be applicable to disputes between
Parties falling under the provisions of article 32.
Article 23
REPORTS OF THE BOARD
1. The Board shall prepare an annual report on its work containing an analysis
of the information at its disposal and, in appropriate cases, an account of
the explanations, if any, given by or required of Parties, together with any
observations and recommendations which the Board desires to make. The Board
may make such additional reports as it considers necessary. The reports shall
be submitted to the Council through the Commission which may make such
comments as it sees fit.
2. The reports of the Board shall be communicated to the Parties and
subsequently published by the Secretary-General. The Parties shall permit
their unrestricted distribution.
Article 24
APPLICATION OF STRICTER MEASURES THAN THOSE REQUIRED BY THIS CONVENTION
A Party may adopt more strict or severe measures than those provided by this
Convention if, in its opinion, such measures are desirable or necessary for
the prevention or suppression of illicit traffic.
Article 25
NON-DEROGATION FROM EARLIER TREATY RIGHTS AND OBLIGATIONS
The provisions of this Convention shall not derogate from any rights enjoyed
or obligations undertaken by Parties to this Convention under the 1961
Convention, the 1961 Convention as amended and the 1971 Convention.
Article 26
SIGNATURE
This Convention shall be open for signature at the United Nations Office at
Vienna, from 20 December 1988 to 28 February 1989, and thereafter at the
Headquarters of the United Nations at New York, until 20 December 1989, by:
(a) All States;
(b) Namibia, represented by the Untied Nations Council for Namibia;
(c) Regional economic integration organizations which have competence in
respect of the negotiation, conclusion and application of
international agreements in matters covered by this Convention,
references under the Convention to Parties, States or national
services being applicable to these organizations within the limits of
their competence.
Article 27
RATIFICATION, ACCEPTANCE, APPROVAL OR ACT OF FORMAL CONFIRMATION
1. This Convention is subject to ratification, acceptance or approval by
States and by Namibia, represented by the United Nationals Council for
Namibia, and to acts of formal confirmation by regional economic integration
organizations referred to in article 26, subparagraph
(c) . The instruments of ratification, acceptance or approval and those
relating to acts of formal confirmation shall be deposited with the
Secretary-General.
2. In their instruments of formal confirmation, regional economic integration
organizations shall declare the extent of their competence with respect to the
matters governed by this Convention. These organizations shall also inform the
Secretary-General of any modification in the extent of their competence with
respect to the matters governed by the Convention.
Article 28
ACCESSION
1. This Convention shall remain open for accession by any State, by Namibia,
represented by the United Nationals Council for Namibia, and by regional
economic integration organizations referred to in article 26, subparagraph
(c). Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General.
2. In their instruments of accession, regional economic integration
organizations shall declare the extent of their competence with respect to the
matters governed by this Convention. These organizations shall also inform the
Secretary-General of any modification in the extent of their competence with
respect to the matters governed by the Convention.
Article 29
ENTRY INTO FORCE
1. This Convention shall enter into force on the ninetieth day after the date
of the deposit with the Secretary-General of the twentieth instrument of
ratification, acceptance, approval or accession by States or by Namibia,
represented by the Council for Namibia.
2. For each State or for Namibia, represented by the Council for Namibia,
ratifying, accepting, approving or acceding to this Convention after the
deposit of the twentieth instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force on the ninetieth day after
the date of the deposit of its instrument of ratification, acceptance,
approval or accession.
3. For each regional economic integration organization referred to in article
26, subparagraph (c) depositing an instrument relating to an act of formal
confirmation or an instrument of accession, this Convention shall enter into
force on the ninetieth day after such deposit, or at the date the Convention
enters into force pursuant to paragraph 1 of this article, whichever is later.
Article 30
DENUNCIATION
1. A Party may denounce this Convention at any time by a written notification
addressed to the Secretary-General.
2. Such denunciation shall take effect for the Party concerned one year after
the date of receipt of the notification by the Secretary-General.
Article 31
AMENDMENTS
1. Any Party may propose an amendment to this Convention. The text of any such
amendment and the reasons therefor shall be communicated by that party to the
Secretary-General, who shall communicate it to the other Parties and shall ask
them whether they accept the proposed amendment. If a proposed amendment so
circulated has not been rejected by any Party within twenty-four months after
it has been circulated, it shall be deemed to have been accepted and shall
enter into force in respect of a Party ninety days after that Party has
deposited with the Secretary-General an instrument expressing its consent to
be bound by that amendment.
2. If a proposed amendment has been rejected by any Party, the
Secretary-General shall consult with the Parties and, if a majority so
requests, he shall bring the matter, together with any comments made by the
Parties, before the Council which may decide to call a conference in
accordance with Article 62, paragraph 4, of the Charter of the United Nations.
Any amendment resulting from such a Conference shall be embodied in a Protocol
of Amendment. Consent to be bound by such a Protocol shall be required to be
expressed specifically to the Secretary-General.
Article 32
SETTLEMENT OF DISPUTES
1. If there should arise between two or more Parties a dispute relating to the
interpretation or application of this Convention, the Parties shall consult
together with a view to the settlement of the dispute by negotiation, enquiry,
mediation, conciliation, arbitration, recourse to regional bodies, judicial
process or other peaceful means of their own choice.
2. Any such dispute which cannot be settled in the manner prescribed in
paragraph 1 of this article shall be referred, at the request of any one of
the States Parties to the dispute, to the International Court of Justice for
decision.
3. If a regional economic integration organization referred to in article 26,
subparagraph (c) is a Party to a dispute which cannot be settled in the manner
prescribed in paragraph 1 of this article, it may, through a State Member of
the United Nations, request the Council to request an advisory opinion of the
international Court of Justice in accordance with article 65 of the Statute of
the Court, which opinion shall be regarded as decisive.
4. Each State, at the time of signature or ratification, acceptance or
approval of this Convention or accession thereto, or each regional economic
integration organization, at the time of signature or deposit of an act of
formal confirmation or accession, may declare that it does not consider itself
bound by paragraphs 2 and 3 of this article. The other Parties shall not be
bound by paragraphs 2 and 3 with respect to any Party having made such a
declaration.
5. Any Party having made a declaration in accordance with paragraph 4 of this
article may at any time withdraw the declaration by notification to the
Secretary-General.
Article 33
AUTHENTIC TEXTS
The Arabic, Chinese, English, French, Russian and Spanish texts of this
Convention are equally authentic.
Article 34
DEPOSITARY
The Secretary-General shall be the depositary of this Convention.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed
this Convention.
DONE AT VIENNA, in one original, this twentieth day of December one thousand
nine hundred and eighty-eight.
ANNEX
Revised Tables including the amendments made by the Commission on
Narcotic Drugs in force as of 23 November 1992
Table I Table II N-acetylanthranilic acid Ephedrine Ergometrine Ergotamine
Isosafrole Lysergic acid 3, 4-methylenedioxyphenyl-2- propanone
1-phenyl-2-propanone Piperonal Pseudoephedrine Safrole Acetic anhydride
Acetone
Anthranilic acid
Ethyl ether
Hydrochloric acid
Methyl ethyl ketone
Phenylacetic acid
Piperidine
Potassium permanganate
Sulphuric acid
Toluene The salts of the substances listed in this Table whenever the
existence of such salts is possible. The salts of the substances listed in
this Table whenever the existence of such salts is possible (the salts of
hydrochloric acid and sulphuric acid are specifically excluded)
"Board"
"Cannabis plant"
"Coca bush"
"Commercial carrier"
"Commission"
"Confiscation"
"Controlled delivery" "1961 Convention" "1961 Convention as amended" "1971
Convention"
"Council"
"Freezing" or "seizure"
"Illicit traffic"
"Narcotic drug"
"Opium poppy"
"Proceeds"
"Property"
"Psychotropic substance"
"Secretary-General"
"Table I" and "Table II"
"Transit State"
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