Conventions On The Suppression Of The Financing Of Terrorism - Full Text Of The Norm

Original Language Title: CONVENIOS REPRESION DE LA FINANCIACION DEL TERRORISMO - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Convention Law 26.024 Approve the International Convention for the Suppression of the Financing of Terrorism, adopted on 9 December 1999 by the General Assembly of the United Nations. Sanctioned: March 30, 2005 Cast: April 15, 2005

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

ARTICLE 1 The International Convention for the Suppression of the Financing of the Territory, adopted by the General Assembly of the United Nations on 9 December 1999, consists of VEINTIOCHO (28) articles and UN (1) annex, the authenticated photocopy of which is part of the present law. ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE MARCH TREATY OF THE YEAR DOS MIL CINCO.

No. 26.024 ADO

EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan J. Canals.

INTERNATIONAL CONVENTION FOR THE FINANCING OF THE TERRORISM

Preamble 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, Deeply concerned the intensification of terrorist attacks worldwide in all its forms and manifestations, Recalling on the occasion of the fiftieth anniversary of the United Nations contained in General Assembly resolution 50/6 of 24 October 1995, Recalling also all relevant General Assembly resolutions on the issue, including resolution 49/60 of 9 December 1994 and its annex on the Declaration on Measures to Eliminate International Terrorism, in which the States Members of the United Nations solemnly reaffirmed that they condemned in unequivocal terms all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomsoever committed, including those that endangered the integrity of the peoples, Noting that the Declaration on Measures to Eliminate International Terrorism further encouraged 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 General Assembly resolution 51/210 of 17 December 1996, in paragraph 3 (f), the Assembly called upon all States to take measures to prevent and counter, through appropriate domestic measures, the financing of terrorists and terrorist organizations; whether they were directly or indirectly involved, through organizations that also had or proclaimed to have charitable, social or cultural objectives, or that also carried out illicit trafficking, Recalling also General Assembly resolution 52/165 of 15 December 1997, in which the Assembly invited States to consider, in particular, the implementation of the measures contained in paragraph 3 (a) to (f) of its resolution 51/210 of 17 December 1996, Recalling further General Assembly resolution 53/108 of 8 December 1998, by which the Assembly decided that the Ad Hoc Committee established pursuant to its resolution 51/210 of 17 December 1996 should develop a draft international convention for the suppression of the financing of terrorism that would complement existing international instruments, Considering that the financing of terrorism is of deep concern to the entire international community, Noting that the number and seriousness of acts of international terrorism depend on the financing available to terrorists, Noting equally that existing multilateral legal instruments do not explicitly refer to the financing of terrorism, Convinced the urgent need to intensify international cooperation among States with a view to developing and adopting effective and practical measures to prevent the financing of terrorism, as well as to suppress it through the prosecution and punishment of its perpetrators, They agreed on the following:

Article 1

For the purposes of this Convention:

1. "funds" means goods of any kind, tangible or intangible, movable or immovable, regardless of how they were obtained, and documents or legal instruments, whatever their form, including electronic or digital form, which credit the property or other rights on such property, including, without the enumeration being exhaustive, bank credits, travel cheques, bank cheques, bank cheques, turns, credits, titles.

2. "Government or public institution" means any permanent or temporary installation or vehicle used or occupied by representatives of a State, executive officials, the legislature or the administration of justice, employees or officials of a State or other public authority or entity or officials or employees of an intergovernmental organization in the performance of its official functions.

3. "product" means any funds derived or obtained, directly or indirectly, from the commission of an offence set forth in article 2.

Article 2

1. It commits an offence within the meaning of this Convention, which by means of direct or indirect unlawful and deliberate means provides or collects funds with the intention that they are used, or knowing that they will be used, in whole or in part, to commit:

(a) An act that constitutes an offence within the scope of one of the treaties listed in the annex and as defined in that treaty;

(b) Any other act intended to cause death or serious bodily injury to a civilian or to any other person who does not directly participate in hostilities in a situation of armed conflict, where the purpose of such an act, by its nature or context, is to intimidate a population or to force a government or an international organization to act or refrain from doing so.

2. (a) By depositing its instrument of ratification, acceptance, approval or accession to this Convention, a State which is not party to any of the treaties listed in the annex may declare that, in the application of this Convention to that State Party, the treaty shall not be deemed to be included in the annex referred to in paragraph 1 (a). The declaration shall be effected as soon as the treaty enters into force for the State party, which shall notify the depositary thereof;

(b) Where a State Party ceases to be in any of the treaties listed in the annex, it may make a declaration in respect of that treaty in accordance with the provisions of this article.

3. In order for an act to constitute an offence set out in paragraph 1, it will not be necessary for the funds to be effectively used to commit an offence referred to in paragraph 1 (a) or (b).

4. It also commits an offence which seeks to commit an offence set out in paragraph 1 of this article.

5. It also commits a crime which:

(a) Participate as an accomplice in the commission of an offence set out in paragraphs 1 or 4 of this article;

(b) Organize the commission of an offence set out in paragraphs 1 or 4 of this article or order others to commit it;

(c) Contribute to the commission of one or more of the offences set out in paragraphs 1 or 4 of this article by a group of persons acting for a common purpose. The contribution should be intentional and made:

(i) Whether for the purpose of facilitating the criminal activity or criminal purposes of the group, when such activity or purpose involves the commission of an offence set out in paragraph 1 of this article; or

(ii) Whether it is aware of the intention of the group to commit an offence set out in paragraph 1 of this article.

Article 3

This Convention shall not apply where the offence has been committed in a single State, the alleged offender is a national of that State and is in the territory of that State and no other State is empowered to exercise jurisdiction under article 7, paragraph 1, or 2, except that the provisions of articles 12 to 18, shall apply to such cases where appropriate.

Article 4

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

(a) To establish as a criminal offence under domestic law the offences set forth in article 2;

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

Article 5

1. Each State Party shall, in accordance with its domestic legal principles, take the necessary measures to establish the responsibility of a legal entity located in its territory or constituted under its legislation, when a person responsible for its direction or control commits, in that capacity, an offence set forth in article 2. Such liability may be criminal, civil or administrative.

2. Such liability shall be incurred without prejudice to the criminal liability of individuals who have committed the offences.

3. Each State Party shall in particular ensure that the legal entities responsible under paragraph 1 are subject to effective, proportionate and deterrent criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions.

Article 6

Each State Party shall take such measures as may be necessary, including, where appropriate, the adoption of domestic legislation, to ensure that criminal acts within the scope of this Convention cannot be justified under any circumstances by political, philosophical, ideological, racial, ethnic, religious or similar considerations.

Article 7

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;

(b) On board 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;

(c) For a national of that State.

2. Each State Party may also establish its jurisdiction over any of such offences when committed:

(a) For the purpose of perpetrating an offence of those referred to in article 2, paragraph 1 (a) or (b), in the territory of that State or against one of its nationals or has had such a result;

(b) For the purpose of perpetrating an offence of those referred to in article 2, paragraph 1 (a) or (b), against a governmental facility of that State abroad, including a diplomatic or consular premises of that State, or has had such a result;

(c) For the purpose or result of committing an offence under article 2, paragraph 1 (a) or (b), in an attempt to force that State to perform or refrain from performing a particular act;

(d) For a stateless person who has habitual residence in the territory of that State;

(e) On board an aircraft that is exploited by the government of that State.

3. Each State Party shall, upon ratification, acceptance or adoption of or accession to this Convention, notify the Secretary-General of the United Nations that has established its jurisdiction in accordance with its national legislation in accordance with paragraph 2. The State Party concerned shall immediately notify the Secretary-General of any changes.

4. Each State Party shall also take such measures as may be necessary 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 which has established its jurisdiction in accordance with paragraphs 1 or 2 of this article.

5. Where more than one State party claims jurisdiction over one of the offences referred to in article 2, the States Parties concerned shall endeavour to coordinate their actions in an appropriate manner, in particular with regard to the conditions for prosecution and the modalities of mutual legal assistance.

6. Without prejudice to general rules of international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State party in accordance with its national legislation.

Article 8

1. Each State Party shall take such measures as may be necessary, in accordance with its domestic legal principles, for the identification, detection and security or seizure of all funds used or allocated for the commission of the offences specified in article 2, as well as the proceeds obtained from such offences, for the purposes of their possible forfeiture.

2. Each State Party shall, in accordance with its domestic legal principles, take such measures as may be necessary for the forfeiture of funds used or assigned to commit the offences set out in article 2 and the proceeds obtained from such offences.

3. Each State Party concerned may consider concluding agreements to share with other States Parties, in general or in each case, funds from confiscations provided for in this article.

4. Each State Party shall consider the establishment of mechanisms by which funds from confiscations provided for in this article are used to compensate victims of the offences referred to in article 2, paragraph 1 (a) or (b), or their families.

5. The application of the provisions of this article shall be without prejudice to the rights of third parties in good faith.

Article 9

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) of this paragraph.

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 located, provided that such laws and regulations permit the full realization of the purpose of the rights set out in paragraph 3 of this article.

5. The provisions of paragraphs 3 and 4 shall be without prejudice to the right of any State Party which, under paragraph 1 (b) or article 7, paragraph 2 (b), may invoke its jurisdiction to invite the International Committee of the Red Cross to communicate and visit the alleged offender.

6. A State Party which, pursuant to this article, detains a person shall immediately notify the arrest and the circumstances warranting it, States Parties that have established their jurisdiction in accordance with article 7, paragraphs 1 or 2, and, if it deems appropriate, the other States Parties concerned, directly or through the Secretary-General of the United Nations. The State that proceeds to the investigation provided for in paragraph 1 of this article shall promptly report the results of the article to the States Parties mentioned above and indicate whether it intends to exercise its jurisdiction.

Article 10

1. In cases where article 7 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 11

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 to which the request has been made.

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 7, 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 by those States Parties to the extent that they are incompatible with this Convention.

Article 12

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 may not refuse a request for mutual legal assistance under the bank secrecy.

3. The requesting State Party shall not use or communicate the information or evidence it receives from the requested State Party for investigations, prosecutions or cases other than those referred to in the request, without the prior authorization of the requested State Party.

4. Each State Party may consider establishing mechanisms to share with other States Parties the information or evidence necessary to establish criminal, civil or administrative liability under Article 5.

5. States Parties shall comply with their obligations under paragraphs 1 and 2 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 13

None of the offences set forth in article 2 may be considered, for the purposes of extradition or mutual legal assistance, as a fiscal offence. Accordingly, States Parties may not invoke as the sole ground the fiscal nature of the offence to reject a request for mutual legal assistance or extradition.

Article 14

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 15

Nothing in this Convention shall be construed as imposing an obligation to extradite or provide mutual legal assistance if the State party to which the request is submitted has reasonable 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 in order to prosecute or punish a person on the grounds of race, religion, nationality, ethnic origin or political opinion.

Article 16

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 to assist in obtaining evidence necessary for the investigation or prosecution of offences set forth in article 2 may be transferred if the following conditions are met:

(a) Provides, once informed, their consent freely;

(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 may 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 has been transferred shall be taken into account for the purpose of discontinuing him from the sentence to be served in the State from which he has been 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 17

Any person who is detained or in respect of whom any measure is taken or is 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 18

1. States Parties shall cooperate in the prevention of the offences set forth in article 2, taking all practicable measures, including by adapting, if necessary, their national legislation to prevent the commission of such crimes within and outside their respective territories, including:

(a) Measures to prohibit in their territories the illegal activities of persons and organizations that promote, institute, organize or knowingly commit the offences set forth in article 2;

(b) Measures that require financial institutions and other professions involved in financial transactions to use the most efficient measures available for the identification of their regular or occasional clients, as well as clients in whose interest they are opened, and to pay special attention to unusual or suspicious transactions and to report transactions suspected of criminal activity. To that end, States Parties shall consider:

(i) Adopt regulations prohibiting the opening of accounts whose owners or beneficiaries are neither identified nor identified, as well as measures to ensure that such institutions verify the identity of the real holders of such transactions;

(ii) With regard to the identification of legal persons, requiring financial institutions, where necessary, to take measures to verify the legal existence and structure of the client by obtaining, from a public register, from the client or from both, to give evidence of the constitution of the society, including information on the name of the client, its legal form, its domicile, its directors and the provisions relating to the authority of the legal person to contract obligations;

(iii) Adopt regulations that impose upon financial institutions the obligation to promptly report to the competent authorities any complex, unusual transactions and all unusual patterns of transactions that do not appear to have an economic or obviously lawful purpose, without fear of assuming criminal or civil liability for breaching any restrictions on disclosure of information, if they report their suspicions of good faith;

(iv) Require financial institutions to retain, for at least five years, all necessary documents on transactions made, both national and international.

2. States Parties shall further cooperate in the prevention of the offences set forth in article 2 considering:

(a) Take monitoring measures, including, for example, the establishment of a licensing system for all money transfer agencies;

(b) Apply viable measures to discover or monitor the physical cross-border transport of cash and negotiable instruments to the carrier, subject to strict safeguards to ensure the proper use of information and without any obstruction of the free flow of capital.

3. States Parties shall strengthen their cooperation in the prevention of the offences set forth in article 2 through the exchange of accurate and corroborated information, in accordance with the provisions of their national legislation, and the coordination of administrative and other measures taken, as appropriate, to prevent the commission of the offences set forth in article 2, especially for:

(a) Establish and maintain channels of communication between their competent agencies and services to facilitate the safe and expeditious exchange of information on all aspects of the offences set out in article 2;

(b) Cooperate in the investigation of the offences set forth in article 2 with regard to:

(i) The identity, whereabouts and activities of persons with regard to whom there are reasonable suspicions that they participate in such crimes;

(ii) The movement of funds related to the commission of such crimes.

4. States Parties may exchange information through the International Criminal Police Organization (Interpol).

Article 19

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 20

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-interference in the internal affairs of other States.

Article 21

Nothing in this Convention shall prejudice the rights, obligations and responsibilities of States and persons under international law, in particular the purposes of the Charter of the United Nations, international humanitarian law and other relevant conventions.

Article 22

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.

Rule 23

1. The annex may be amended with the addition of relevant treaties:

(a) Be open to the participation of all States;

(b) They have entered into force;

(c) They are subject to ratification, acceptance, approval or accession by at least 22 States parties to this Convention.

2. Once this Convention has entered into force, a State Party may propose such an amendment. Any proposed amendment shall be communicated to the depositary in writing. The depositary shall notify all States Parties of the proposals that meet the conditions set out in paragraph 1 and request their views on whether the proposed amendment should be adopted.

3. The proposed amendment shall be considered approved unless one third of the States Parties object to it by written notification no later than 180 days after its distribution.

4. The amendment to the annex, once adopted, shall enter into force 30 days after the deposit of the twenty-second instrument of ratification, acceptance or approval of that amendment for all States Parties that deposited that instrument. For each State Party ratifying, accepting or approving the amendment after the deposit of the twenty-second instrument, the amendment shall enter into force within 30 days after the deposit by that State party of its instrument of ratification, acceptance or approval.

Article 24

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 of this article. 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 in accordance with the provisions of paragraph 2 may withdraw it at any time by notification to the Secretary-General of the United Nations.

Article 25

1. This Convention shall be open for signature by all States from 10 January 2000 to 31 December 2001 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 26

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 has deposited its instrument of ratification, acceptance, approval or accession.

Article 27

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.

Rule 28

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 WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Convention, open for signature at United Nations Headquarters in New York on 10 January 2000.

Annex

1. Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16 December 1970.

2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.

3. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the United Nations General Assembly on 14 December 1973.

4. International Convention against the Taking of Hostages, adopted by the United Nations General Assembly on 17 December 1979.

5. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.

6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 24 February 1988.

7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, signed in Rome on 10 March 1988.

8. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done in Rome on 10 March 1988.

9. International Convention for the Suppression of Terrorist Bombings, adopted by the United Nations General Assembly on 15 December 1997.