CONVENTION Act 25.762 Approve the International Convention for the Suppression of Terrorist Attacks Committed with Bombs, opened for signature in New York, United States of America, on 12 January 1998. Sanctioned: July 16, 2003. Enacted: August 8, 2003.

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

ARTICLE 1 Approved the International Convention for the Suppression of Offshore Offenders COMMITTED WITH BOMBAS, opened for signature in New York - United States of AMERICA - on 12 January 1998, which consists of VEINTICUATRO (24) articles, the authenticated photocopy of which is part of this law. ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF JULY OF THE YEAR DOS MIL TRES.

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EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.

International Convention for the Suppression of Terrorist Bombings The States Parties to the present Convention, bearing in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly and good-neighbourly relations and cooperation among States, Noting with deep concern to intensify worldwide terrorist attacks in all their forms and manifestations, Recalling on the occasion of the fiftieth anniversary of the United Nations of 24 October 1995, Recalling also the Declaration on Measures to Eliminate International Terrorism, contained in the annex to General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, "the States Members of the United Nations solemnly reaffirm and unequivocally condemn all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever committed, including those that endanger the relations of security and the territorial integrity of States, Noting that the Declaration further encourages States "to urgently consider the scope of existing international legal provisions on the prevention, suppression and elimination of terrorism in all its forms and manifestations, in order to ensure the existence of a comprehensive legal framework covering all aspects of the issue", Recalling further General Assembly resolution 51/210 of 17 December 1996 and the Supplementary Declaration of the 1994 Declaration on Measures to Eliminate International Terrorism, annexed to that resolution, also Noting that terrorist attacks with explosives or other deadly devices are becoming increasingly widespread, Noting also that the existing multilateral legal provisions do not suffice to adequately address such attacks, Convinced the urgent need to intensify international cooperation among States with a view to establishing and adopting effective and practical measures to prevent such terrorist attacks and to prosecute and punish their perpetrators, Considering that the commission of such attacks is of deep concern to the entire international community, Noting that the activities of the military forces of States are governed by rules of international law that are outside the framework of this Convention and that the exclusion of certain acts within the scope of this Convention does not condone or legitimize in any manner unlawful acts, or obstructs them for prosecution under other laws, They agreed on the following: Article 1

For the purposes of this Convention:

1. "State-installation" means any permanent or temporary installation or vehicle, whatever its location, used or occupied by representatives of a State, members of the Government, the legislature or the judiciary, officials or employees of a State or administrative entity or officials or employees of an intergovernmental organization for the purpose of performing its official functions.

2. "Installation of infrastructure" means any public or private property facility used to provide or distribute services to the public, such as water supply, sewerage, energy, fuel or communications.

3. "explosive or other deadly artefact" means:

(a) An explosive or incendiary weapon or artefact that obeys the purpose of causing or causing death, serious bodily injury or major material damage, or

(b) The weapon or device that is intended to cause or may cause death or serious bodily injury or major material damage by issuing, propagating or impacting toxic chemicals, agents or toxins of a biological nature or similar substances or radiation or radioactive material.

4. The "military forces of a State" means the armed forces of a State that are organized, trained and equipped under national legislation primarily for the purposes of national defence and security and persons acting in support of those armed forces under their official control, control and responsibility.

5. By "place of public use" we understand the parts of any building, land, public, watercourse or other location that is accessible or open to the public permanently, regularly or occasionally, and includes any commercial, business, cultural, historical, educational, religious, government, entertainment, recreational or analogous place that is accessible in such conditions or open to the public.

6. "Public transport network" means all public or privately owned facilities, vehicles and instruments that are used in public services or for public services for the purposes of transporting people or goods.

Article 2

1. It commits an offence within the meaning of this Convention that unlawfully and intentionally delivers, places, throws or detonates an explosive device or other deadly artefact into or against a place of public use, a public or government facility, a public transport network or an infrastructure facility:

(a) For the purpose of causing death or serious bodily injury, or (b) For the purpose of causing a significant destruction of that place, installation or network that produces or can cause great economic damage.

2. An attempt to commit any of the offences set forth in paragraph 1 shall also constitute an offence.

3. It also commits offence who:

(a) Participate as an accomplice in the commission of an offence set out in paragraphs 1 or 2, or

(b) Organize or direct others for the purposes of the commission of the offence set out in paragraphs 1 or 2 or

(c) Contribute in any other way to the commission of one or more of the offences set out in paragraphs 1 or 2 by a group of persons acting for a common purpose; the contribution should be intentional and made with the purpose of collaborating with the general criminal activity of the group or with the knowledge of the group ' s intention to commit the offence or the offences concerned.

Article 3

Except as provided for in articles 10 to 15, as appropriate, this Convention shall not apply when the offence has been committed in a State, the alleged offender and the victims are nationals of that State and the alleged offender is in the territory of that State and no other State is empowered to exercise jurisdiction under article 6, paragraphs 1 and 2.

Article 4

Each State Party shall take such measures as may be necessary to:

(a) To establish, in accordance with its domestic legislation, the acts referred to in article 2 of this Convention;

(b) Sanction those offences with appropriate penalties that take into account their grave nature.

Article 5

Each State Party shall take such measures as may be necessary, including, where appropriate, the adoption of domestic legislation, so that criminal acts within the scope of this Convention, in particular those that obey the intention or purpose of creating a state of terror in the general population, in a group of persons or in certain persons, cannot be justified in any circumstances by political, philosophical, ideological, racial, ethnic, religious or other considerations.

Article 6

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 where they are committed:

(a) In the territory of that State, or

(b) Aboard a ship flying the flag of that State or an aircraft registered under the law of that State at the time of the commission of the offence, or

(c) For a national of that State.

2. A State Party may also establish its jurisdiction in respect of any such offence when:

(a) Be committed against a national of that State, or

(b) Whether committed to or against a government facility abroad, including an embassy or other diplomatic or consular premises of that State, or

(c) Be committed by a stateless person who has habitual residence in the territory of that State, or

(d) It is committed for the purpose of compelling that State to perform or refrain from carrying out a particular act, or

(e) It is committed on board an aircraft that is exploited by the government of that State.

3. Each State Party shall, upon ratifying, accepting or approving or acceding to the Convention, notify the Secretary-General of the United Nations that has established its jurisdiction under paragraph 2 and in accordance with its national legislation and shall immediately notify the Secretary-General of any changes.

4. Each State Party shall also take the necessary measures to establish its jurisdiction over the offences set forth in article 2, in cases where the alleged offender is in its territory and that State does not grant extradition to any State Party that has established its jurisdiction in accordance with paragraphs 1 or 2.

5. This Convention does not exclude the exercise of the criminal jurisdiction established by a State party in accordance with its domestic legislation.

Article 7

1. A State Party which receives information indicating that in its territory a person guilty or suspected of an offence set forth in article 2 may be found shall immediately take such measures as may be necessary in accordance with its national legislation to investigate the facts covered by that information.

2. The State party in whose territory the offender or alleged offender is present, if it considers that the circumstances warrant him, shall take appropriate measures in accordance with its national legislation to ensure the presence of the offender for the purpose of prosecution or extradition.

3. Any person for whom the measures referred to in paragraph 2 are taken shall have the right to:

(a) To communicate without delay with the nearest representative of the State of which he is a national or to whom he is entitled for other reasons to protect the rights of that person or, if it is a stateless person, of the State in whose territory he habitually resides;

(b) To be visited by a representative of that State;

(c) Be informed of the rights provided for in subparagraphs (a) and (b).

4. The rights referred to in paragraph 3 shall be exercised in accordance with the laws and regulations of the State in whose territory the offender or alleged offender is present, provided that such laws and regulations permit the full realization of the purpose of the rights set out in paragraph 3.

5. The provisions of paragraphs 3 and 4 shall without prejudice to the right of any State Party which, under article 6, paragraph 1 (c), or paragraph 2 (c), may invoke its jurisdiction to invite the International Committee of the Red Cross to communicate with the alleged offender and visit him.

6. The State party which, under this article, detains a person shall immediately notify the arrest and the circumstances justifying it to States Parties that have established their jurisdiction in accordance with Article 6.1 and 2 and, if it deems appropriate, to all other States Parties concerned, directly or through the Secretary-General of the United Nations. The State conducting the investigation under paragraph 1 shall promptly report the results of the investigation to the States Parties mentioned above and indicate whether it intends to exercise its jurisdiction.

Article 8

1. In cases where article 6 applies, the State party in whose territory the alleged offender is present, if it is not extradited, shall be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution, in accordance with the procedure provided for in that State ' s legislation, without exception and irrespective of whether the offence has been committed in its territory. Such authorities shall make their decision under the same conditions as those applicable to any other offence of a serious nature, in accordance with the law of that State.

2. Where a State party ' s legislation allows it to extradite one of its nationals or to surrender it in another manner only on the condition that it is returned to that State to serve the sentence imposed on it as a result of the trial or procedure for which it was requested to extradite it, and that State and the person requesting extradition agree with that option and the other conditions deemed appropriate, such extradition or conditional surrender shall be sufficient to fulfil the obligation set forth in paragraph 1.

Article 9

1. The offences set forth in article 2 shall be deemed to be included among those which extradite in any extradition treaty concluded between States Parties prior to the entry into force of this Convention. States Parties undertake to include such offences as extradition cases in any treaty on the matter subsequently concluded between them.

2. Where a State Party that subordinates extradition to the existence of a treaty receives from another State Party, with which it does not have a treaty, an extradition request may, in its election, consider this Convention as the necessary legal basis for extradition with respect to the offences provided for in article 2. Extradition shall be subject to the other conditions required by the law of the requested State.

3. States Parties that do not extradite the existence of a treaty shall recognize the offences set forth in article 2 as cases of extradition between them, subject to the conditions required by the law of the requested State.

4. If necessary, for the purposes of extradition between States Parties it shall be considered that the offences set forth in article 2 have been committed not only in the place where they were perpetrated but also in the territory of States that have established their jurisdiction in accordance with article 6, paragraphs 1 and 2.

5. The provisions of all extradition treaties in force between States parties with respect to the offences listed in article 2 shall be deemed to be amended between those States to the extent that they are incompatible with this Convention.

Article 10

1. States Parties shall provide as much assistance as possible with respect to any investigation, criminal proceedings or extradition proceedings initiated in respect of the offences set forth in article 2, including with respect to obtaining all necessary evidence for the proceedings in which they are in possession.

2. States Parties shall comply with their obligations under paragraph 1 in accordance with treaties or other mutual legal assistance agreements between them. In the absence of such treaties or agreements, States Parties shall provide such assistance in accordance with their national legislation.

Article 11

For the purposes of extradition or mutual legal assistance, none of the offences set forth in article 2 shall be regarded as a political offence, an offence related to a political offence or an offence inspired by political motives. Accordingly, a request for extradition or mutual legal assistance in connection with such an offence may not be rejected for the sole reason that it relates to a political offence, a crime related to a political offence or a crime inspired by political motives.

Article 12

Nothing in this Convention shall be construed as imposing an obligation to extradite or to provide mutual legal assistance if the requesting State has substantial grounds to believe that the request for extradition for the offences set forth in article 2 or for mutual legal assistance in relation to such offences has been formulated with a view to prosecuting or punishing a person on the grounds of race, religion, nationality, ethnic origin or political opinion.

Article 13

1. A person who is detained or serving a sentence in the territory of a State Party and whose presence is requested in another State Party for the purpose of providing testimony or identification or to assist in obtaining evidence necessary for the investigation or prosecution of offences under this Convention may be transferred if the following conditions are met:

(a) freely give your informed consent, and

(b) The competent authorities of both States agree, subject to conditions they deem appropriate.

2. For the purposes of this article:

(a) The State to which the person is transferred shall be authorized and obliged to keep the person in custody, unless the State from which he was transferred requests or authorizes otherwise;

(b) The State to which the person is transferred shall promptly fulfil its obligation to return the person to the custody of the State from which he was transferred as agreed in advance or otherwise by the competent authorities of both States;

(c) The State to which the person is transferred shall not require the State from which he was transferred to initiate extradition proceedings for his return;

(d) The time spent in detention in the State to which the person was transferred shall be taken into account for the purpose of the execution of the sentence imposed on him in the State from which he was transferred.

3. Unless the State Party from which a person is to be transferred in accordance with this article agrees, such person, regardless of nationality, may not be prosecuted, detained or subjected to any other restriction of his or her personal liberty in the territory of the State to which he or she is transferred in connection with acts or convictions prior to his or her departure from the territory of the State from which he or she was transferred.

Article 14

Any person who is detained or in respect of whom any measure is taken or prosecuted under this Convention shall enjoy equal treatment, including the enjoyment of all rights and guarantees in accordance with the law of the State in whose territory it is located and with the relevant provisions of international law, including international human rights law.

Article 15

States Parties shall cooperate in the prevention of offences under article 2, in particular:

(a) By adopting all practicable measures, including, where necessary, to adapt their national legislation to prevent the preparation of such offences in their respective territories both within and outside of them and to counter the preparation of such offences, including measures to prohibit in their territories the illegal activities of persons, groups and organizations that promote, institute, organize or finance the provisions of article 2 or participate in their preparation;

(b) Through the exchange of accurate and corroborated information, in accordance with its domestic legislation, and the coordination of administrative and other measures taken, as appropriate, to prevent the commission of offences under article 2;

(c) Where appropriate, through research and development on methods of detecting explosives and other harmful substances that may cause death or bodily injury; through consultations on the development of standards for marking explosives in order to identify their origin in investigating explosions, and through the exchange of information on preventive measures, cooperation and transfer of technology, equipment and related materials.

Article 16

The State Party in which criminal proceedings are brought against the alleged offender shall, in accordance with its national legislation or its applicable procedures, communicate the final outcome of such action to the Secretary-General of the United Nations, who shall transmit the information to other States Parties.

Article 17

States Parties shall fulfil their obligations under this Convention in a manner consistent with the principles of sovereign equality, the territorial integrity of States and non-intervention in the internal affairs of other States.

Article 18

Nothing in this Convention shall empower a State Party to exercise its jurisdiction in the territory of another State Party or to perform functions that are exclusively reserved to the authorities of that other State Party under its domestic law.

Article 19

1. Nothing in this Convention shall prejudice the rights, obligations and responsibilities of States and individuals under international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.

2. The activities of the armed forces during an armed conflict, as understood in international humanitarian law and governed by that right, shall not be subject to this Convention and neither shall the activities carried out by the military forces of a State in the discharge of their official functions, to the extent that they are governed by other rules of international law.

Article 20

1. Disputes between two or more States parties regarding the interpretation or application of this Convention and which cannot be resolved through negotiations within a reasonable time shall be subject to arbitration at the request of one of them. If, within six months of the date of submission of the request for arbitration, the parties fail to agree on how to organize it, any of them may submit the dispute to the International Court of Justice, by application submitted in accordance with the Statute of the Court.

2. Each State, at the time of signing, ratifying, accepting or approving or acceding to this Convention, may declare that it is not bound by paragraph 1. The other States Parties shall not be bound by paragraph 1 with respect to any State Party that has made such a reservation.

3. A State which has made the reservation provided for in paragraph 2 may withdraw it at any time by notification to the Secretary-General of the United Nations.

Article 21

1. This Convention shall be open for signature by all States from 12 January 1998 to 31 December 1999 at United Nations Headquarters in New York.

2. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

3. This Convention shall be open to accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 22

1. This Convention shall enter into force on the thirtieth day from the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification, acceptance, approval or accession.

2. For each State ratifying, accepting or approving the "Convention or acceding to it after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day from the date on which the State deposited its instrument of ratification, acceptance, approval or accession.

Rule 23

1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.

2. The complaint shall take effect one year after the date on which the notification is received by the Secretary-General of the United Nations.

Article 24

The original of this Convention, the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

IN TESTIMONY OF WHAT ANYTHING, the undersigned, duly authorized by their respective Governments, have signed this Convention, opened for signature in New York on 12 January 1998.