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UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME
[PALERMO CONVENTION]
(New York, 15/11/2000)
ENTRY INTO FORCE : 29 SEPTEMBER 2003
Depositary: Government of Western Samoa
| Parties | Date of Signature | Date of ratification / Other | Entry Into Force | Domestication Legislation (where available) |
|---|---|---|---|---|
| Cook Islands | 4 Mar 2004 a | |||
| Nauru | 12 Nov 2001 | |||
| Vanuatu | 12 Dec 2005 a | - United Nations Convention Against Transnational Organised Crime (Ratification) Act No. 19 of 2003 | ||
| Afghanistan | 14 Dec 2000 | 24 Sep 2003 | ||
| Albania | 12 Dec 2000 | 21 Aug 2002 | ||
| Algeria [#] | 12 Dec 2000 | 7 Oct 2002 | ||
| Andorra | 11 Nov 2001 | |||
| Angola | 13 Dec 2000 | |||
| Antigua and Barbuda | 26 Sep 2001 | 24 Jul 2002 | ||
| Argentina | 12 Dec 2000 | 19 Nov 2002 | ||
| Armenia [#] | 15 Nov 2001 | 1 Jul 2003 | ||
| Australia | 13 Dec 2000 | |||
| Austria | 12 Dec 2000 | |||
| Azerbaijan [#] | 12 Dec 2000 | 30 Oct 2003 | ||
| Bahamas | 9 Apr 2001 | |||
| Barbados | 26 Sep 2001 | |||
| Belarus [#] | 14 Dec 2000 | 25 June 2003 | ||
| Belgium [#] | 12 Dec 2000 | |||
| Belize [#] | 26 Sep 2003 a | |||
| Benin | 13 Dec 2000 | |||
| Bolivia | 12 Dec 2000 | |||
| Bosnia and Herzegovina | 12 Dec 2000 | 24 Apr 2002 | ||
| Botswana [#] | 10 April 2002 | 29 Aug 2002 | ||
| Brazil | 12 Dec 2000 | 29 Jan 2004 | ||
| Bulgaria | 13 Dec 2000 | 5 Dec 2001 | ||
| Burkina Faso | 15 Dec 2000 | 15 May 2002 | ||
| Burundi | 14 Dec 2000 | |||
| Cambodia | 11 Nov 2001 | |||
| Cameroon | 13 Dec 2000 | |||
| Canada | 14 Dec 2000 | 13 May 2002 | ||
| Cape Verde | 13 Dec 2000 | |||
| Chile | 13 Dec 2000 | |||
| China1 | 12 Dec 2000 | 23 Sep 2003 | ||
| Colombia | 12 Dec 2000 | |||
| Comoros | 25 Sep 2003 a | |||
| Congo | 14 Dec 2000 | |||
| Costa Rica | 16 Mar 2001 | 24 Jul 2003 | ||
| Croatia | 12 Dec 2000 | 24 Jan 2003 | ||
| Cuba | 13 Dec 2000 | |||
| Cyprus | 12 Dec 2000 | 22 Apr 2003 | ||
| Czech Republic | 12 Dec 2000 | |||
| Cфte d'Ivoire | 15 Dec 2000 | |||
| DECLARATIONS | ||||
| Denmark2 | 12 Dec 2000 | 30 Sep 2003 | ||
| Dominican Republic | 13 Dec 2000 | |||
| Ecuador [#] | 13 Dec 2000 | 17 Sep 2002 | ||
| Egypt [#] | 13 Dec 2000 | 5 Mar 2004 | ||
| El Salvador [#] | 14 Dec 2000 | 18 Mar 2004 | ||
| Equatorial Guinea | 14 Dec 2000 | 7 Feb 2003 | ||
| Estonia [#] | 14 Dec 2000 | 10 Feb 2003 | ||
| Ethiopia | 14 Dec 2000 | |||
| European Community | 12 Dec 2000 | |||
| Finland | 12 Dec 2000 | 10 Feb 2004 | ||
| France | 12 Dec 2000 | 29 Oct 2002 | ||
| Gambia | 14 Dec 2000 | 5 May 2003 | ||
| Georgia | 13 Dec 2000 | |||
| Germany | 12 Dec 2000 | |||
| Greece | 13 Dece 2000 | |||
| Guatemala | 12 Dec 2000 | 25 Sep 2003 | ||
| Guinea-Bissau | 14 Dec 2000 | |||
| Haiti | 13 Dec 2000 | |||
| Honduras | 14 Dec 2000 | 2 Dec 2003 | ||
| Hungary | 14 Dec 2000 | |||
| Iceland | 13 Dec 2000 | |||
| India | 12 Dec 2002 | |||
| Indonesia | 12 Dec 2000 | |||
| Iran (Islamic Republic of) | 12 Dec 2000 | |||
| Ireland | 13 Dec 2000 | |||
| Israel | 13 Dec 2000 | |||
| Italy | 12 Dec 2000 | |||
| Jamaica | 26 Sep 2001 | 29 Sep 2003 | ||
| Japan | 12 Dec 2000 | |||
| Jordan [#] | 26 Nov 2002 | |||
| Kazakhstan | 13 Dec 2000 | 2 Oct 2003 | ||
| Lao People's Democratic Republic [#] | 26 Sep 2003 a | |||
| Latvia [#] | 13 Dec 2000 | 7 Dec 2001 | ||
| Lebanon | 18 Dec 2001 | |||
| Lesotho [#] | 14 Dec 2000 | 24 Sep 2003 | ||
| Libyan Arab Jamahiriya | 13 Nov 2001 | |||
| Liechtenstein | 12 Dec 2000 | |||
| Lithuania [#] | 13 Dec 2000 | 9 May 2002 | ||
| Luxembourg | 13 Dec 2000 | |||
| Madagascar | 14 Dec 2000 | |||
| Malawi | 13 Dec 2000 | |||
| Malaysia | 26 Sep 2002 | |||
| Mali | 15 Dec 2000 | 12 Apr 2002 | ||
| Malta [#] | 14 Dec 2000 | 24 Sep 2003 | ||
| Mauritius [#] | 12 Dec 2000 | 21 Apr 2003 | ||
| Mexico [#] | 13 Dec 2000 | 4 Mar 2003 | ||
| Monaco | 13 Dec 2000 | 5 Jun 2001 | ||
| Morocco | 13 Dec 2000 | 19 Sep 2002 | ||
| Mozambique | 15 Dec 2000 | |||
| Myanmar [#] | 30 Mar 2004 a | |||
| Namibia | 13 Dec 2000 | 16 Aug 2002 | ||
| Nepal | 12 Dec 2002 | |||
| Netherlands | 12 Dec 2000 | |||
| New Zealand3 | 14 Dec 2000 | 19 Jul 2002 | ||
| Nicaragua [#] | 14 Dec 2000 | 09 Sep 2002 | ||
| Niger | 21 Aug 2001 | |||
| Nigeria | 13 Dec 2000 | 28 Jun 2001 | ||
| Norway [#] | 13 Dec 2000 | 23 Sep 2003 | ||
| Pakistan | 14 Dec 2000 | |||
| Panama | 13 Dec 2000 | |||
| Paraguay | 12 Dec 2000 | |||
| Peru | 14 Dec 2000 | 23 Jan 2002 | ||
| Philippines | 14 Dec 2000 | 28 May 2002 | ||
| Poland [#] | 12 Dec 2000 | 12 Nov 2001 | ||
| Portugal | 12 Dec 2000 | |||
| Republic of Korea | ||||
| Republic of Moldova | ||||
| Romania [#] | ||||
| Russian Federation | ||||
| Rwanda | ||||
| Saint Kitts and Nevis | 12 Dec 2000 | |||
| Saint Lucia | 12 Dec 2000 | |||
| Saint Vincent and the Grenadines | 24 Jul 2000 | |||
| San Marino | 14 Dec 2000 | |||
| Saudi Arabia | 12 Dec 2000 | |||
| Senegal | 13 Dec 2000 | 27 Oct 2003 | ||
| Serbia and Montenegro | 12 Dec 2000 | 06 Sep 2001 | ||
| Seychelles | 12 Dec 2000 | 22 Apr 2003 | ||
| Sierra Leone | 27 Nov 2001 | |||
| Singapore | 13 Dec 2000 | |||
| Slovakia [#] | 14 Dec 2000 | 3 Dec 2003 | ||
| Slovenia | 12 Dec 2000 | |||
| South Africa [#] | 14 Dec 2000 | 20 Feb 2004 | ||
| Spain | 13 Dec 2000 | 01 Mar 2002 | ||
| Sri Lanka | 13 Dec 2000 | |||
| Sudan | 15 Dec 2000 | |||
| Swaziland | 14 Dec 2000 | |||
| Sweden | 12 Dec 2000 | |||
| Switzerland | 12 Dec 2000 | |||
| Syrian Arab Republic | 13 Dec 2000 | |||
| Tajikistan | 12 Dec 2000 | 08 Jul 2002 | ||
| Thailand | 13 Dec 2000 | |||
| The Former Yugoslav Republic of Macedonia | 12 Dec 2000 | |||
| Togo | 12 Dec 2000 | |||
| Trinidad and Tobago | 26 Sep 2001 | |||
| Tunisia [#] | 13 Dec 2000 | 19 Jun 2003 | ||
| Turkey | 13 Dec 2000 | 25 Mar 2003 | ||
| Uganda | 12 Dec 2000 | |||
| Ukraine | 12 Dec 2000 | |||
| United Arab Emirates | 09 Dec 2002 | |||
| United Kingdom of Great Britain and Northern Ireland | 14 Dec 2000 | |||
| United Republic of Tanzania | 13 Dec 2000 | |||
| United States of America | 13 Dec 2000 | |||
| Uruguay | 13 Dec 2000 | |||
| Uzbekistan [#] | 13 Dec 2000 | 09 Dec 2003 | ||
| Venezuela [#] | 14 Dec 2000 | 13 May 2002 | ||
| Viet Nam | 13 Dec 2000 | |||
| Yemen | 15 Dec 2000 | |||
| Zimbabwe | 12 Dec 2000 | |||
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(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.)
Reservation
The Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of article 35, paragraph 2, of this Convention, which provide that any dispute between two or more States concerning the interpretation or application of this Convention that has not been settled by negotiation shall be submitted to arbitration or to the International Court of Justice at the request of any of the parties thereto
The Government of the People's Democratic Republic of Algeria considers that no dispute of such nature must be submitted to arbitration or to the International Court of Justice without the consent of all the parties to the dispute
Declaration
The ratification of this Convention by the People's Democratic Republic of Algeria does not in any way signify recognition of Israel
The present ratification does not entail the establishment of relations of any kind with Israel
Azerbaijan [up]
Declaration
The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation.
Rйservation
In accordance with paragraph 3 of Article 35 of the Convention, the Republic of Azerbaijan declares that it does not consider itself bound by the provision of paragraph 2 of Article 35.
Statement
The Republic of Belarus understands the implementation of the provisions of Article 10 of the Convention to the degree that will not contradict its national legislation
The Republic of Belarus in accordance with Article 16 of the Convention will use the Convention as a basis for cooperation on the issues of extradition with other states - members of the Convention.
Upon signature
Declaration
The French, Flemish and German-speaking Communities and the Regions of Wallonia, Flanders and Brussels-Capital are also bound by this signature
Reservation
The Government of Belize does not consider itself bound by the provisions of article 35, paragraph 2, of this Convention, which provide that any dispute between two or more States concerning the interpretation or application of this Convention that has not been settled by negotiation shall be submitted to arbitration or to the International Court of Justice at the request of any of the parties thereto.
Declarations
[The Government of Belize] declares that it shall take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention;...
China
Reservation
The People's Republic of China makes a reservation with regard to Article 35, paragraph 2 of the Convention and is not bound by the provisions of Article 35, paragraph 2
Reservation
With regard to article 10 of the United Nations Convention against Transnational Organized Crime, the Government of Ecuador points out that the concept of criminal liability of legal persons is not at the moment embodied in Ecuadorian legislation. When legislation progresses in this area, this reservation will be withdrawn
Exercising the powers referred to in article 35, paragraph 3, of the Convention, the Government of Ecuador makes a reservation with regard to article 35, paragraph 2, relating to the settlement of disputes
Upon signature
Declaration
The Arab Republic of Egypt declares that it does not consider itself bound by article 35, paragraph 2, thereof
Declaration
Article 16 (5a)
The Government of the Republic of El Salvador recognizes the extradition of nationals on the basis of article 28, second and third subparagraphs, of the Constitution of the Republic, which states as follows: `Extradition shall be governed by international treaties and, where Salvadorans are involved, shall be in order only where a treaty expressly so stipulates and has been approved by the legislative bodies of the signatory countries. In any event, its stipulations shall embody the principle of reciprocity and shall grant to all Salvadorans all of the penal and procedural guarantees that are set forth in this Constitution.' 'Extradition shall be in order only where the offence has been committed within the territorial jurisdiction of the requesting country, except where offences of international reach are involved. Under no circumstances may extradition be stipulated for political offences, even where common crimes are the result of such offences,' advising further that the said Convention shall not be considered to be the legal basis of cooperation on extradition in its relations with other States parties thereto, and that it shall nonetheless endeavour, where necessary, to conclude extradition treaties with other States parties to the Convention
Reservation
With regard to article 35, paragraph 3, of the said Convention, the Government of the Republic of El Salvador does not consider itself bound by paragraph 2 of the said article because it does not recognize the compulsory jurisdiction of the International Court of Justice
Upon signature
Reservation
The Hashemite Kingdom of Jordan declares its intention not to be bound by the provisions of article 35, Paragraph (2) of the United Nations Convention against Transnational Organized Crime.
Lao People's Democratic Republic [up]
Reservation
In accordance with paragraph 3, Article 35 of the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not consider itself bound by paragraph 2, Article 35 of the present Convention. The Lao People's Democratic Republic declares that to refer a dispute relating to interpretation and application of the present Convention to arbitration or the International Court of Justice, the agreement of all parties concerned in the dispute is necessary.
Declarations
.....according to paragraph 6 of Article 13 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania shall consider the Convention the necessary and sufficient treaty basis for the taking of the measures referred to in paragraphs 1 and 2 of Article 13 of this Convention
.....pursuant to paragraph 3 of Article 35 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania shall not consider itself bound by the provisions of paragraph 2 of Article 35, stipulating that any disputes concerning the interpretation or application of the Convention shall be referred to the International Court of Justice.
Declarations
DECLARES that it shall take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention
AND FURTHER declares that the central authority designated for the purpose of article 20, paragraph 13 of the aforesaid Convention is the Attorney-General's Office and the languages acceptable to the Republic of Mauritius for the purposes of article 20, paragraph 14 are English and French.
Reservations
The Government of the Union of Myanmar wishes to express reservations on Article 16 relating to extradition and does not consider itself bound by the same
The Government further wishes to make a reservation on Article 35 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Convention to the International Court of Justice.
Upon signature
Declaration
The State of the Republic of Nicaragua declares that such measures as may be necessary to harmonize the Convention with its domestic law, will be the outcome of the processes of revision of criminal legislation which the State of the Republic of Nicaragua is currently pursuing or which it may pursue in the future. Moreover, the State of the Republic of Nicaragua reserves the right, at the moment of depositing its instrument of ratification of the present Convention, to invoke, in accordance with the general principles of international law, article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969
Declaration
Pursuant to Article 6, paragraph 2 (d) and Article 13, paragraph 5 the appropriate authority which will furnish copies of the laws and regulations of the Slovak Republic that give effect to these paragraphs and of any subsequent changes to such laws and regulations or a description thereof to the Secretary General of the United Nations is the Ministry of Justice of the Slovak Republic.
Reservation
AND WHEREAS pending a decision by the Government of the Republic of South Africa on the compulsory jurisdiction of the International Court of Justice, the Government of the Republic does not consider itself bound by the terms of Article 35 (2) of the Convention which provides for the compulsory jurisdiction of the International Court of Justice in differences arising out of the interpretation or application of the Convention. The Republic will adhere to the position that, for the submission of a particular dispute for settlement by the International Court, the consent of all the parties to the dispute is required in every individual case.
Reservation
In ratifying the United Nations Convention against Transnational Organized Crime, adopted by the United Nations General Assembly on 15 November 2000, the Tunisian Government declares that it does not consider itself bound by the provisions of article 35, paragraph 2, of the Convention and emphasizes that disputes over the interpretation or application of this Convention may not be submitted to the International Court of Justice unless there is agreement in principle among all the parties concerned
Uzbekistan [up]
Reservation
The Republic of Uzbekistan does not consider itself bound by the provisions of paragraph 2 of article 35 of this Convention
Declaration
Communication concerning article 2, paragraph (a), of the Convention
Under article 29, section 4, of the Criminal Code of the Republic of Uzbekistan, approved by the Act of 22 September 1994, a group of two or more persons constituted in advance for the purpose of joint criminal activity is considered an organized group
Communication concerning article 2, paragraph (b), of the Convention
Under article 15 of the Criminal Code of the Republic of Uzbekistan, offences are subdivided, according to their nature and the degree of danger they pose to society, into: offences that do not pose a great danger to society, less grave, grave and especially grave offences
Offences that do not pose a great danger to society are premeditated offences punishable by deprivation of liberty for not more than three years and offences committed through negligence and punishable by deprivation of liberty for not more than five years
Less grave offences are premeditated offences punishable by deprivation of liberty for more than three years but not exceeding five years and offences committed through negligence and punishable by deprivation of liberty for more than five years
Grave offences are premeditated offences punishable by deprivation of liberty for more than 5 years but not exceeding 10 years
Especially grave offences are premeditated offences punishable by deprivation of liberty for more than 10 years or the death penalty
Communication concerning article 2, paragraph (g), of the Convention
Pursuant to the Act of the Republic of Uzbekistan of 29 August 2001, confiscation of property as a form of punishment has been removed from the Criminal Code
Article 284 of the Code of Criminal Procedure of the Republic of Uzbekistan provides that property that is the object of a crime shall, on the judgement of a court, become State property, unless it is subject to return to the former owner
Communication concerning article 7 of the Convention
Under article 38 of the Act of the Republic of Uzbekistan of 25 April 1996 on banks and bank activities, information on transactions by and accounts belonging to natural and legal persons may be transmitted to the clients and organizations themselves, to the procurator, and to courts and bodies conducting initial inquiries and investigations
(a) Information on transactions by and accounts belonging to legal persons and other organizations may be transmitted to the organizations themselves, to the procurator, and to courts and bodies conducting initial inquiries and investigations when criminal proceedings have been initiated
(b) Information on accounts and deposits belonging to natural persons may be transmitted to the clients themselves and their legal representatives and, provided that such information pertains to cases they are handling, to courts and bodies conducting initial inquiries and investigations when financial resources and other assets of the client in the account or deposit may be subject to seizure, when a penalty is enforced or when property is confiscated
Communication concerning article 10 of the Convention
The legislation of the Republic of Uzbekistan does not provide for criminal or administrative liability in respect of legal persons
Notifications under articles 5 (3), 16 (5), 18 (13) and (14), and 31 (6) of the Convention
(Unless otherwise indicated, the notifications were made upon ratification, acceptance, approval or accession.)
Article 5
Pursuant to paragraph 3 of Article 5 of the United Nations Convention against Transnational Organized Crime, adopted in New York on the 15th day of November 2000 (hereinafter referred as to Convention) the Republic of Armenia declares that its Criminal Code (chapter 7, in particular Article 41 of the Code) covers all serious crimes involving organized criminal groups provided in paragraph 1 (a) (i) of Article 5 of the Convention
Article 16
Pursuant to paragraph 5 of Article 16 of the Convention the Republic of Armenia declares that it will take the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention
However, at the same time the Republic of Armenia declares that it shall apply the Convention in relations with the States Parties of the European Convention on Extradition, done at Paris, on 13th day of December 1957, provided that the Convention supplements and facilitates the application of the provisions of the European Convention on Extradition
Article 18
Pursuant to paragraph 13 of Article 18 of the Convention the Republic of Armenia designates the following central authorities to receive the requests for mutual legal assistance
a/ in respect of the cases of pretrial investigation phase
- the General Prosecutor's Office of the Republic of Armenia
b/ in respect of the cases of court proceedings phase or connected with the implementation of the judgment
- the Ministry of Justice of the Republic of Armenia
Pursuant to paragraph 14 Article 18 of the Convention the Republic of Armenia declares that the acceptable languages are Armenian, English or Russian.
Azerbaijan [up]
In accordance with paragraph 5 of Article 16 of the Convention, the Republic of Azerbaijan declares that it will use the Convention as the legal basis for cooperation on extradition with other States- Parties to the Convention
In accordance with paragraph 13 of Article 18 of the Convention, the Republic of Azerbaijan declares that the Ministry of Justice of the Republic of Azerbaijan is designated as the central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution
In accordance with paragraph 14 of Article 18 of the Convention, the Republic of Azerbaijan declares that the requests and supporting documents should be submitted in Russian or English as the UN official languages, and should be accompanied by a translation in Azeri
In accordance with paragraph 6 of Article 31 of the Convention, the Republic of Azerbaijan declares that the following authority can assist other States Parties in developing measures to prevent transnational organized crime
Ministry of Internal Affairs of the Republic of Azerbaijan H. Hajiev st. 7, Baky, Azerbaijan.
[The Government of Belize] further declares that the central authority designated for the purpose of article 18, paragraph 13 of the aforesaid Convention is the Attorney-General's Office and the language acceptable to Belize for the purposes of article 18, paragraph 14 is English.
The Government of the Republic of Botswana hereby notified the Secretary-General of the United Nations that pursuant to
a) paragraph 5 (a) of Article 16, the Government of the Republic of Botswana will not take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention
b) paragraph 13 of Article 18, the Government of the Republic of Botswana designates the Attorney General of the Republic of Botswana as the central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution
c) paragraph 14 of Article 18, English is the acceptable language to the Government of the Republic of Botswana
d) paragraph 6 of Article 31, the following authorities can assist other State Parties in developing measures to prevent transnational organized crime
i) The Commissioner of Police
Botswana Police Headquarter
Government Enclave
Private Bag 0012
Gaborone, Botswana
ii) The Attorney General of the Republic of Botswana
Attorney General's Chambers
Government Enclave
Private Bag 009
Gaborone, Botswana.
In accordance with the provisions of article 18, paragraph 13, of the United Nations Convention against Transnational Organized Crime, the Government of the Cook Islands declares that the Attorney General of the Cook Islands is designated by the Government of the Cook Islands as the Central Authority that shall have the responsibility and power to receive requests for mutual legal assistance
AND pursuant to article 18, paragraph 14, of the United Nations Convention against Transnational Organized Crime, that the English language is designated by the Government of the Cook Islands as the acceptable language in which to make requests for mutual legal assistance.
Denmark
In accordance with Article 18 (13) of the Convention Denmark declares that the central authority in Denmark competent to receive requests for mutual legal assistance is the Ministry of Justice. The address is: Justitsministeriet, Det Internationale Kontor, Slotsholmsgade 10, DK-1216 Copenhagen K, tel. +45 33 92 33 40, fax +45 33 93 35 10, email: jm@jm.dk
In accordance with Article 18 (14) of the Convention Denmark declares that it will accept requests in the following languages: Danish, Swedish Norwegian, English, French and German.
For the purposes of the United Nations Convention against Transnational Organized Crime, the Government of Ecuador designates the Office of the Public Prosecutor as the central Ecuadorian authority [in acordance with article 18, paragraph 13
With regard to article 18, paragraphs 13 and 14, the Government of the Republic of El Salvador states that the designated central authority is the Ministry of the Interior. Communications shall be transmitted through the diplomatic channel, and the acceptable language is Spanish
... the Riigikogu of the Republic of Estonia, while ratifying the Convention, made the following declarations
1) pursuant to Article 5 paragraph 3 of the Convention the Republic of Estonia declares that under its legislation it considers the act provided in paragraph l(a)(i) of Article 5 as a crime
2) pursuant to Article 16 paragraph 5 of the Convention the Republic of Estonia declares that it will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention
3) pursuant to Article 18 paragraph 13 of the Convention the Republic of Estonia designates the Ministry of Justice as a central authority to receive the requests for mutual legal assistance
4) pursuant to Article 18 paragraph 14 of the Convention the Republic of Estonia declares that the acceptable languages are Estonian and English.
Lao People's Democratic Republic [up]
1. In accordance with paragraph 5(a), Article 16 of the United Nations Convention Against Transnational Organized Crime, the Lao People's Democratic Republic does not take this Convention as the legal basic for cooperation on extradition with other States Parties to this Convention
2. In accordance with paragraph 13, Article 18, the Government of the Lao People's Democratic Republic designates the Ministry of Public Security as central authority and the Ministry of Foreign Affairs as alternate central authority that have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution
3. In accordance with paragraph 14, Article 18, in addition to the Lao language, English is acceptable to the Government of the Lao People's Democratic Republic.
Declaration
In accordance with paragraph 3 of Article 5 of the United Nations Convention against Transnational Organized Crime, adopted at New York on the 15th day of November 2000, the Republic of Latvia declares that its domestic law requires an act in furtherance of the agreement for purposes of the offences established in accordance with paragraph 1 (a) (i) of Article 5.
Declaration
In accordance with paragraph 5 of Article 16 of the United Nations Convention against Transnational Organized Crime, adopted at New York on the 15th day of November 2000, the Republic of Latvia declares that it takes the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention.
Declaration
In accordance with paragraph 13 of Article 18 of the United Nations Convention against Transnational Organized Crime, adopted at New York on the 15th day of November 2000, the Republic of Latvia declares that the designated authorities are
1) Prosecutor General's Office - during a pre-trial investigation
O. Kalpaka blvd. 6, Riga, LV-1801, Latvia
Phone: +371 704 4400
Fax: +371 704 4449
E-mail: gen@lrp.gov.lv
2) Ministry of Justice - during a trial
Brivibas blvd. 36, Riga, LV- 1536, Latvia
Phone: +371 703 6801, 703 6716
Fax: +371 721 0823, 728 5575
E-mail: tm.kanceleja@tm.gov.lv
Declaration
In accordance with paragraph 14 of Article 18 of the United Nations Convention against Transnational Organized Crime, adopted at New York on the 15th day of November 2000, the Republic of Latvia declares that the acceptable language is English or Latvian.
1. The legal system pertaining in the Kingdom of Lesotho requires involvement of an organized criminal groups for purposes of the offences established in accordance with article 5 (1) (a) (i), and further requires an act in furtherance of an agreement for purposes of the offences established in accordance with article 5 (1) (a) (i) of the Convention
2. In response to article 16 (5) of the Convention, in Lesotho, extradition is conditional on the existence of a treaty
3. In response to article 18 (13) of the Convention, in Lesotho the office of the Attorney-General shall be the designated central authority with the responsibility and power to receive requests for mutual legal assistance
4. In response to article 18 (14) of the Convention, the English language is acceptable for purposes of requests for mutual legal assistance.
.... pursuant to paragraph 13 of Article 18 of the Convention, the Seimas of the Republic of Lithuania declares that the Ministry of Justice of the Republic of Lithuania and the Prosecutor General's Office under the Supreme Court of the Republic of Lithuania shall be designated as central authorities to receive requests for mutual legal assistance
.... pursuant to paragraph 14 of Article 18 of the Convention, the Seimas of the Republic of Lithuania declares that requests for legal assistance and documents pertaining thereto, which shall be submitted to the Republic of Lithuania, should be accompanied by respective translations into English, Russian or Lithuanian, in case the aforementioned documents are not in one of these languages
.... pursuant to paragraph 5 (a) of Article 16 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania shall consider this Convention a legal basis for cooperation on extradition with other States Parties to the Convention; however, the Republic of Lithuania in no case shall consider the Convention a legal basis for the extradition of Lithuanian nationals, as it is stipulated in the Constitution of the Republic of Lithuania
11 December 2003
... the Government of Malta wishes to enter the following declarations
Article 16, paragraph 5 (a)
Pursuant to Article 16, paragraph 5 of the Convention, Malta declares that it will take the United Nations Convention against Transnational Organized Crime as the legal basis for co-operation on extradition with other States Parties to the Convention
Article 18, paragraph 13
Pursuant to Article 18, paragraph 13 of the Convention Malta designates the Attorney General of Malta as the central authority to receive requests for mutual assistance
Article 18, paragraph 14
Pursuant to Article 18, paragraph 14 of the Convention, Malta declares that the acceptable languages are Maltese and English.
Article 5 (3) - The United Mexican States wishes to state that in criminalizing the offences defined in accordance with article 5, paragraph 1 (a) (i), the domestic law of the Mexican State covers all serious crimes involving the participation of an organized criminal group. The criminalization of an agreement with one or more other persons to commit a serious crime for a purpose relating directly or indirectly to the obtaining of a financial or other material benefit involves the participation of an organized criminal group in the offence of organized crime provided for in article 2 of the Federal Act to Combat Organized Crime, insofar as it is relevant to the crimes to which the said article refers. The offence of criminal association, provided for in article 164 of the Federal Criminal Code, is applicable insofar as it is relevant to the other serious crimes to which the Convention refers
Article 16, paragraph 5 (a) - The Mexican State shall consider the Convention as the legal basis of cooperation in extradition matters in respect of those States parties with which it has not concluded treaties in the matter
Article 18, paragraph 13 - The Office of the Attorney-General of the Republic is designated as the central authority in matters of mutual legal assistance
Article 18, paragraph 14 - Requests for judicial assistance shall be submitted in the Spanish language. Requests may also be submitted in the language of the requesting State, provided that they are accompanied by a translation into Spanish
New Zealand
.....DECLARES pursuant to Article 18 (13) of the Convention that the Attorney General of New Zealand is designated by the Government of New Zealand as the Central Authority that shall have the responsibility and power to receive requests for mutual legal assistance
AND DECLARES pursuant to Article 18 (14) of the Convention that English is designated by the Government of New Zealand as the acceptable language in which to make requests for mutual legal assistance.
Pursuant to article 18, paragraph 13 the Republic of Poland declares that the Ministry of Justice is designated as the central authority competent to receive requests for mutual legal assistance
The Republic of Poland declares that Polish and English shall be the languages acceptable pursuant to article 18, paragraph 14
Article 5 of the Palermo Convention has been implemented in Norwegian law through Section 162 c of the Penal Code, which reads as follows
Any person who enters into an agreement with another person to commit an act that is punishable by imprisonment for a term of not less than three years, and that is to be committed as a step in the activity of an organized criminal group, shall be liable to imprisonment for a term not exceeding three years unless the offence comes under a more severe penal provision. An increase of the maximum penalty in the case of a repeated offence or a concurrence of felonies is not to be taken into account
An organized criminal group is here defined as an organized group of three or more persons whose main purpose is to commit an act that is punishable by imprisonment for a term of not less than three years, or whose activity largely consists of committing such acts.
Under Article 5 (3) of the Palermo Convention, States Parties are to inform the Secretary-General when the national legislation implementing Article 5 requires 1) "involvement of an organized criminal group"or 2) that "an act in furtherance of the agreement" has taken place
1. Section 162 c of the Norwegian Penal Code requires that the "agreement" has some link with the criminal activity of an organized criminal group. The provision only applies to an agreement concerning acts that are committed as "a step in the activity of an organized criminal group". At least one of the Parties to the agreement must be a member of such a group, and the agreement must have been entered into by the group or by an individual representing the group. This is specified in the "travaux prйparatoires"of this legislation, cf. Proposition No. 62 (2002-2003) to the Odelsting, pp. 31-32 and 95-96. This condition means that Section 162 c requires the "involovement of an organized criminal group
2. On the other hand, if "an act in furtherance of the agreement" has taken place, this is not a necessary condition for punishment, cf. Proposition No. 62 (2002-2003) t the Odelsting, p.95
Communications concerning mutual assistance in criminal matters are to be addressed to the Department of Civil Affairs, Ministry of Justice, as the competent authority in Norway
Communications concerning legal aid may be made in the Norwegian, Swedish, Danish and English languages
The Norwegian agency responsible for receiving requests from other States Parties for assistance in developing measures to prevent transnational crime is the Police Department, Ministry of Justice.
1. In accordance with Article 16 paragraph 5 (a) of the Convention, Romania considers this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention
2. In accordance with Article 18 paragraph 13 of the Convention, the Romanian central authorities designated to receive the requests for mutual legal assistance are
a) The Prosecutor's Office attached to the Supreme Court of Justice, for the requests for mutual legal assistance formulated in pre-trial investigation (Blvd. Libertatii nr.14, sector 5 Bucuresti, tel. 410 54 35/fax.337 47 54)
b) The Ministry of Justice, for the requests for mutual legal assistance formulated during the trial or execution of punishment, as well as for the requests of extradition (Str. Apollodor nr.17, sector 5 Bucaresti, tel. 3141514/fax. 310 16 62)
3. In accordance with Article 18 paragraph 14 of the Convention, the requests for mutual legal assistance and the enclosed documents submitted to the Romanian authorities shall be accompanied by translations in the Romanian language or in the French or English languages.
Pursuant to Article 18, paragraph 13 the Slovak Republic designates the following central authorities to receive requests for mutual legal assistance
(a) The General Prosecutor's Office of the Slovak Republic - in respect of cases of pretrial investigation phase
(b) The Ministry of Justice of the Slovak Republic - in respect of cases of court proceedings phase
Pursuant to Article 18, paragraph 14 the acceptable languages for the Slovak Republic for receiving and producing a written records in respect of requests for mutual legal assistance are Slovak, Czech, English and French
Pursuant to Article 31, paragraph 6 the authority that can assist other States Parties in developing measures to prevent transnational organized crime is the Ministry of Interior of the Slovak Republic.
AND WHEREAS the Secretary-General is hereby notified, in accordance with Article 18 (13) of the Convention that the Director-General of the Department of Justice and Constitutional Development has been designated as the central authority to receive requests for mutual legal assistance
AND WHEREAS the Secretary-General is hereby notified, as provided for in Article 18 (14) of the Convention, that English is the acceptable language for receiving requests for mutual legal assistance.
Uzbekistan [up]
Communication concerning article 5, paragraph 3, of the Convention
The Republic of Uzbekistan communicates hereby that, under the Criminal Code of the Republic of Uzbekistan, offences committed by organized groups or for their benefit are categorized as grave or especially grave offences, depending on their defining elements and on the form of punishment for the separate types of offence
Communication concerning article 16, paragraph 5, of the Convention
The Republic of Uzbekistan regards this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention. However, this provision shall not preclude the Republic of Uzbekistan from concluding bilateral treaties on extradition with individual States Parties to this Convention
Notification concerning article 18, paragraphs 13 and 14, of the Convention
Concerning paragraph 13
The Republic of Uzbekistan has designated the Office of the Procurator General of the Republic of Uzbekistan as the central authority with responsibility for receiving requests for mutual legal assistance and either executing them or transmitting them to the competent authorities for execution
Concerning paragraph 14
The Republic of Uzbekistan designates the Russian language as the language acceptable to it
19 December 2003
Pursuant to the provisions of article 5, paragraph 3 of the United Nations Convention against Transnational Organized Crime, the Government of the Bolivarian Republic of Venezuela declares the following
With respect to national laws governing the offences described in article 5, paragraph 1 (a)(i), Venezuelan law typifies and penalizes such offences under articles 287 to 293 of the current Penal Code referring to the offence of forming an organized criminal group. Pursuant to article 16, paragraph 5, the Bolivarian Republic of Venezuela declares
The United Nations Convention against Transnational Organized Crime shall be taken as the legal basis for cooperation on extradition in relations between the Bolivarian Republic of Venezuela and other States Parties to the Convention
Pursuant to article 18, paragraph 13, the Bolivarian Republic of Venezuela declares
The central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution shall be the Public Prosecutor's Office, in accordance with the powers conferred upon the said institution by the Act for partial reform of the Code of Criminal Procedure
Pursuant to article 18, paragraph 14, the Bolivarian Republic of Venezuela declares
Requests for mutual legal assistance in criminal matters made to the Government of the Bolivarian Republic of Venezuela shall be written in Spanish, in accordance with Venezuelan constitutional and legal provisions
Notes
1. With the following declaration in respect of Hong Kong and Macao
1. In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and after consultation with the Government of the Hong Kong Special Administrative Region ( hereinafter as HKSAR), the application of the Convention to the HKSAR requires prior enactment of domestic legislation by the HKSAR. To this end, the Convention shall not apply to the HKSAR until the Government of the People's Republic of China notifies otherwise
2. In accordance with the Basic Law of the Macao Special Administrative Region of the People's Republic of China and after consultation with the Government of the Macao Special Administrative Region (hereinafter as MSAR), the Government of the People's Republic of China decides that the Convention shall apply to the MSAR and states for the MSAR as follows
(a) The identification of the offences established under paragraph 1 (a) (i) of Article 5 of the Convention requires involvement of an organized crime group in accordance with the domestic law of the MSAR
(b) In accordance with the provisions of Article 18, paragraph 13 of the Convention, the MSAR designates the Secretary for Administration and Justice of the MSAR as the Central Authority in the MSAR to receive the requests for legal assistance and to transmit them to the competent authorities of the MSAR for execution
(c) In accordance with the provisions of Article 18, paragraph 14 of the Convention, requests for legal assistance will only be accepted by the MSAR in the Chinese or Portuguese language
2. With a territorial exclusion in respect of the Faroe Islands and Greenland
3. With the following territorial exclusion
.....consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.....
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