(Venezuela) - Full Text Of The Norm

Original Language Title: CONVENIOS ESTUPEFACIENTES (VENEZUELA) - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CONVENTIONS Law 25.347 Adopt the Convention on Cooperation in the Prevention of the Indebted Use and Suppression of the Illicit Traffic in Narcotic Drugs and Psychotropic Substances and Related Crimes, signed with the Republic of Venezuela.

Sanctioned: November 1, 2000

Cast: November 29, 2000

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc., sanction with force of Law:

ARTICLE 1 Appropriate the Convention on Cooperation in the Purpose of the USO INDEBIDO and REPRESION OF THE ILICITO TRAFFIC OF ESTUPEFACIENTS AND PSYCHOTROPIC SUBSTANCES AND RELATED DELITOS ENTRE THE ARGENTINA REPUBLIC AND THE VENEZUELA REPUBLIC, signed in September 1999,

ARTICLE 2 Contact the National Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE FIRST DAY OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL.

# 25,347 EL

PASCUAL RAFAEL. . MARIO A. LOSADA. . Guillermo Aramburu. . Alejandro L. Colombo.

CONVENTION ON COOPERATION IN THE MATERIA OF PREVENTION OF THE INDEBIDO US AND REPRESION OF THE ILICITY TRAFFIC OF STUFACIENTS AND PSYCHOTROPIC SUBSTANCES AND RELATED DELITOS AGAINST THE ARGENTINA REPUBLIC AND THE VENEZUELA REPUBLIC

The Argentine Republic and the Republic of Venezuela, henceforth called "The Parties";

CONSCIENTS that the production, illicit trafficking and abuse of drugs and related crimes is a problem whose characteristics, evolution and magnitude at the international level require unification of efforts and resources among States;

INTERESTED in fostering cooperation to prevent and control illicit trafficking and drug abuse and related crimes, through the establishment and strengthening of policies, as well as the implementation of specific programmes for direct communication and efficient exchange of information among the competent agencies of both States;

IN ACCORDANCE: The Single Convention on Narcotic Drugs of 30 March 1961, as amended by the Protocol of Amendment of 25 March 1972 and the Convention on Psychotropic Substances of 21 February 1971;

INTRODUCTION UNDER THE United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted at Vienna on 20 December 1988;

FURTHERING the principles contained in the Political Declaration and in "The Multidisciplinary Comprehensive Guidelines for Future Activities" adopted at the International Conference on Drug Abuse and Illicit Drug Trafficking in 1987 and in the Political Declaration and the Global Programme of Action adopted by the 17th International Conference on Drug Abuse and Illicit Drug Trafficking in 1987. United Nations Extraordinary Assembly on 23 February 1990.

RECOGNIZING that both States are increasingly affected by illicit trafficking in narcotic drugs and psychotropic substances and their related crimes;

INCLUDING the principles of international law, as well as the constitutional, legal and administrative rules in force in each country;

The following are agreed:

ARTICLE I

The Parties shall cooperate in the fight against the abuse and illicit trafficking of narcotic drugs and psychotropic substances through their respective competent national agencies and services, which shall maintain mutual scientific technical assistance, as well as a frequent exchange of information related to the object of this Convention, within their respective national legislations.

ARTICLE II

For the purposes of this Convention, all the substances listed in the Single Convention on Narcotic Drugs of 1961, as amended by the Protocol of Amendment of 25 March 1972 and by "psychtropic substances", the substances listed and described in the Convention on Psychotropic Substances of 1971, are deemed to be "stupephanants".

For the same purpose, "stupephans" and "psychotropic substances" are also considered as provided for in the domestic legislation of each Party.

ARTICLE III

For the purposes of this Convention, it is understood by Competent Authorities to the official agencies designated by each Party for the implementation of the commitments adopted in this Convention.

For the Argentine Republic, the Central Authorities will be the Ministry of Foreign Affairs, International Trade and Worship and the Secretariat of Programming for the Prevention of Drug Addiction and the Fight against Drug Trafficking and the Republic of Venezuela will be the National Commission against Illicit Drug Use (CONACUID).

ARTICLE IV

The cooperation under this Convention shall include:

(a) Exchange of information on studies and assessments of the internal situation and trends in drug abuse, as well as on experiences and actions undertaken in both States in the areas of prevention, treatment and assistance to drug addicts.

(b) Continuous exchange of information and data on illicit trafficking in narcotic drugs and psychotropic substances and related offences, within the limits permitted by the respective legal systems.

(c) Exchange of experts from relevant agencies to update organizational techniques and structures to combat illicit trafficking in narcotic drugs and psychotropic substances and related offences.

(d) Exchange of visits by staff of the respective agencies concerned to coordinate joint activities in the area of prevention and control of abuse; or in the area of suppression of illicit drug trafficking and psychotropic substances and related offences.

(e) Programming of meetings between the competent authorities in the treatment and rehabilitation of the drug addicts, with the possibility of organizing training and specialization courses.

(f) Organization of joint training seminars for health, education, security and justice actors on issues relating to the abuse and illicit trafficking of narcotic drugs and psychotropic substances and related crimes.

(g) Exchange of information on initiatives taken by Parties to favour entities dealing with the treatment and rehabilitation of drug-dependent persons.

(h) Take such measures as may be necessary for the implementation of this Convention, including with regard to judicial cooperation between the Parties. Such cooperation shall cover the processing of rogatory letters and letters issued by the judicial authorities in proceedings against individual or associated traffickers or against anyone who violates the laws that combat illicit trafficking and related crimes, or drug abuse.

Judicial cooperation will also include the communication of enforceable sentences issued by competent authorities, in cases of drug trafficking offences, where they relate to nationals of the other Party; and in general cooperation will cover all necessary procedures permitted by the domestic legislation of each State, for the purpose of the Convention.

(i) Cooperation in the prevention, control and detection of money laundering or capital legitimization, facilitate the investigation and prosecution of persons suspected of being involved in this crime, as well as the acquisition, possession and transfer of assets derived from illicit drug trafficking and related crimes and restrict the flow across international borders of assets produced by such crimes.

(j) Exchange of national drug programmes and plans, as well as legislation and jurisprudence on the subject.

(k) Exchange of information on the commercialization and diversion of chemical precursors within the limits permitted by their respective legal systems.

ARTICLE V

In order to achieve the objectives of this Convention, the Parties agree to create the "Argentine-Venezuelan Joint Commission on the Prevention of Abuse and Suppression of Illicit Traffic in Narcotic Drugs and Psychotropic Substances and Related Offences" composed of the representatives of the respective Ministries of Foreign Affairs and of the competent national agencies and services of both States, being in the Argentine Republic the Secretariat for the Prevention of Drug Abuse

ARTICLE VI

The Mixed Commission shall have the following powers:

(a) Recommend specific actions that are deemed appropriate for the achievement of the objectives proposed in this Convention, through the relevant national agencies and services of each Party.

(b) Assess compliance with such actions and develop joint policies and strategies to prevent and combat illicit trafficking, drug abuse and related crimes.

(c) To undertake other complementary functions to promote the most effective implementation of other existing bilateral treaty instruments among Parties.

(d) Propose to the respective Governments any suggestions it deems necessary to amend this Convention.

The Mixed Commission will meet alternately in the Argentine Republic and the Republic of Venezuela, once every year, for the purposes of consultations, exchange experiences and information, as well as evaluate the results obtained in the implementation of the actions carried out under this Convention.

The meetings will be convened by the Ministries of Foreign Affairs of both Parties, without prejudice to the fact that, if necessary, extraordinary meetings can be convened through diplomatic channels.

ARTICLE VII

The Joint Commission may establish sub-commissions for the development of the specific actions envisaged in this Convention. It may also establish working groups to analyse and consider a particular matter and to make recommendations and measures it deems appropriate.

ARTICLE VIII

This Convention shall enter into force on the date on which the Parties have been notified, by diplomatic means, of meeting the respective internal constitutional requirements for their operation and entry into force.

ARTICLE IX

The authorities implementing this Convention shall be, by the Argentine Republic: The Ministry of Foreign Affairs, International Trade and Worship and the Secretariat for Drug Prevention and Drug Control Programme, and by Venezuela, the Ministry of Foreign Affairs and the National Commission against Illicit Drug Use (CONACUID).

ARTICLE X

This Convention shall have an unlimited duration. Any Party may denounce it through a written communication by the diplomatic channel.

The termination of the Convention shall take effect 3 (three) months after the date of receipt of the notification of the complaint made by one Party to the other.

Made in the city of Buenos Aires at 7 days of September 1999, in two original copies in Spanish, both being equally authentic.