| 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
agree 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 system:
(i)
The acquisition, possession or use of property, knowing, at the time of receipt,
that such property was derived from an offence or offences established in accordance
with subparagraph (a) of this paragraph or from an act of participation in such
offence or offences;
(ii) The
possession of equipment or materials or substances listed in Table I and Table
II, knowing that they are being or are to be used in or for the illicit cultivation,
production or manufacture of narcotic drugs 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 of 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 l of this article, in so far as it relates to proceeds, property,
instrumentalities or any other things referred to in paragraph l 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 l, the requested
Party shall take measures to identify, trace, and freeze or seize proceeds, property,
instrumentalities or any other things referred to in paragraph l 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 provisions 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 sentences 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
wit 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 of 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, ordure 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 of 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 State 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 authorized 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 no 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 United 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 Nations 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 Nations 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 | Acetic
anhydride | | Ephedrine | Acetone |
| Ergometrine | Anthranilic
acid | | Ergotamine | Ethyl
ether | | Isosafrole | Hydrochloric
acid | | Lysergic
acid | Methyl
ethyl ketone | | 3,4-methylenedioxyphenyl-2-propanone | Phenylacetic
acid | | 1-phenyl-2-propanone | Piperidine |
| Piperonal | Potassium
permanganate | | Pseudoephedrine | Sulphuric
acid | | Safrole | 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) | Back
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