Inter-American Convention Against Terrorism - Full Text Of The Norm

Original Language Title: CONVENCIONES CONVENCION INTERAMERICANA CONTRA EL TERRORISMO - Texto completo de la norma

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Conventions Law 26.023 Approve the Inter-American Convention against Terrorism, adopted at Bridgetown, Barbados, on 3 June 2002. 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 1o . Approved the Inter-American Convention against TERRORISM, adopted at Bridgetown .BARBADOS. on June 3, 2002, which consists of VEINTITRES (23) articles, whose authenticated photocopy is part of this law.

ARTICLE 2or . Contact the national executive branch.

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

_

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

INTERAMERICAN CONVENTION AGAINST TERRORISM

States parties to the present Convention,

INCLUDING the purposes and principles of the Charter of the Organization of American States and the Charter of the United Nations;

CONSIDERING that terrorism constitutes a serious threat to democratic values and international peace and security and is a cause of deep concern to all Member States;

RECALLING the need to take effective measures in the inter-American system to prevent, punish and eliminate terrorism through the widest cooperation;

RECOGNIZING that serious economic damage to States that may result from terrorist acts is one of the factors that underline the need for cooperation and the urgency of efforts to eradicate terrorism;

RECALLING the commitment of States to prevent, combat, punish and eliminate terrorism; and

IN ACCORDANCE WITH Resolution RC.23/RES. 1/01 rev. 1 run. 1, "Strengthening of hemispheric cooperation to prevent, combat and eliminate terrorism," adopted at the Twenty-third Consultation Meeting of Ministers for Foreign Affairs,

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Article 1

Object and purpose

This Convention is intended to prevent, punish and eliminate terrorism. To that end, the States Parties undertake to take the necessary measures and strengthen cooperation among them, in accordance with the provisions of this Convention.

Article 2

Applicable international instruments

1. For the purposes of this Convention, it is understood by "crime" those set forth in the following international instruments:

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

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

c. 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.

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

e. Convention on the Physical Protection of Nuclear Material, signed at Vienna on 3 March 1980.

f. 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.

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

h. 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.

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

j. International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999.

2. By depositing its instrument of ratification to this Convention, a State which is not a party to one or more of the international instruments listed in paragraph 1 of this article may declare that, in the implementation of this Convention to that State party, such an instrument shall not be deemed to be included in that paragraph. The declaration shall cease in its effect when the instrument enters into force for that State Party, which shall notify the depositary of this fact.

3. Where a State Party ceases to be a party to one of the international instruments listed in paragraph 1 of this article, it may make a statement with respect to that instrument, as provided for in paragraph 2 of this article.

Article 3

Internal measures

Each State Party shall, in accordance with its constitutional provisions, endeavour to be a party to the international instruments listed in article 2 of which it is not yet a party and to take the necessary measures for the effective implementation of such instruments, including the establishment in its domestic legislation of penalties for the offences envisaged therein.

Article 4

Measures to prevent, combat and eradicate the financing of terrorism

1. Each State Party, to the extent that it has not done so, shall establish a legal and administrative regime to prevent, combat and eradicate the financing of terrorism and to achieve effective international cooperation in this regard, which shall include:

a. A comprehensive internal regulatory and oversight regime for banks, other financial institutions and other entities considered particularly susceptible to be used to finance terrorist activities. This regime will highlight requirements for customer identification, record-keeping and communication of suspicious or unusual transactions.

b. Measures to detect and monitor transboundary movements of cash, negotiable carrier instruments and other relevant stock movements. These measures shall be subject to safeguards to ensure the proper use of information and shall not prevent the legitimate movement of capital.

c. Measures to ensure that the competent authorities engaged in combating the offences set out in the international instruments listed in article 2 have the capacity to cooperate and exchange information at the national and international levels, in accordance with the conditions prescribed in domestic law. To that end, each State party should establish and maintain a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of relevant information on money laundering and financing of terrorism. Each State Party shall inform the Secretary-General of the Organization of American States of the designated authority as its financial intelligence unit.

2. For the implementation of paragraph 1 of this article, States Parties shall use as guidelines the recommendations developed by specialized regional or international entities, in particular the International Financial Action Task Force (FATF) and, where appropriate, the Inter-American Drug Abuse Control Commission (CICAD), the Caribbean Financial Action Task Force (GAFIC) and the South American Financial Action Task Force (FATF).

Article 5

Collection and confiscation of funds or other property

1. Each State Party shall, in accordance with the procedures set out in its domestic legislation, take the necessary measures to identify, freeze, seize and, where appropriate, proceed to confiscation of funds or other property which constitute the proceeds of the commission or which is intended to finance or have provided or financed the commission of any of the offences set forth in the international instruments listed in article 2 of this Convention.

2. The measures referred to in paragraph 1 shall apply to offences committed both within and outside the jurisdiction of the State party.

Article 6

Determinant crimes of money laundering

1. Each State Party shall take the necessary measures to ensure that its criminal legislation relating to the crime of money laundering includes as predicate offences of money laundering the offences established in the international instruments listed in article 2 of this Convention.

The determining crimes of money laundering referred to in paragraph 1 shall include those committed both within and outside the jurisdiction of the State party.

Article 7

Cooperation at the border level

1. States Parties shall, in accordance with their respective domestic legal and administrative regimes, promote cooperation and exchange of information in order to improve border and customs control measures to detect and prevent the international movement of terrorists and the trafficking of weapons or other materials to support terrorist activities.

2. In this regard, they will promote cooperation and exchange of information to improve their emission controls of travel and identity documents and avoid their forgery, illegal alteration or fraudulent use.

3. Such measures shall be carried out without prejudice to international commitments applicable to the free movement of persons and trade facilitation.

Article 8

Cooperation between law enforcement authorities

States Parties shall cooperate closely, in accordance with their respective domestic legal and administrative systems, in order to strengthen the effective implementation of the law and to combat the offences set forth in the international instruments listed in article 2. In this regard, channels of communication between their competent authorities shall be established and improved if necessary in order to facilitate the safe and expeditious exchange of information on all aspects of the offences set out in the international instruments listed in article 2 of this Convention.

Article 9

Mutual legal assistance

States Parties shall afford to each other the widest and most expeditious legal assistance possible in relation to the prevention, investigation and prosecution of the offences established in the international instruments listed in article 2 and the proceedings relating thereto, in accordance with the applicable international agreements in force. In the absence of such agreements, States Parties shall provide such assistance expeditiously in accordance with their domestic legislation.

Article 10

Transfer of persons in custody

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

a. The person freely consents, once informed, and

b. Both States agree, subject to the 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 comply with 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, shall 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 11

Inapplicability of exception for political offence

For purposes of extradition or mutual legal assistance, none of the offences set out in the international instruments listed in article 2 shall be regarded as a political offence or offence related to a political offence or a politically motivated offence. Accordingly, a request for extradition or mutual legal assistance may not be refused for the sole reason that it relates to a political offence or to a related offence to a political offence or a politically motivated offence.

Article 12

Denial of refugee status

Each State Party shall take the appropriate measures, in accordance with the relevant provisions of domestic and international law, to ensure that refugee status is not recognized for persons for whom there are substantial grounds for considering that they have committed an offence set out in the international instruments listed in article 2 of this Convention.

Article 13

Denial of asylum

Each State Party shall take appropriate measures, in accordance with the relevant provisions of domestic and international law, to ensure that asylum is not granted to persons for whom there are substantial grounds for considering that they have committed an offence set out in the international instruments listed in article 2 of this Convention.

Article 14

No discrimination.

None of the provisions of this Convention shall be interpreted as imposing an obligation to provide mutual legal assistance if the requested State Party has substantial grounds to believe that the request has been made for the purpose of prosecuting or punishing a person on the grounds of race, religion, nationality, ethnic origin or political opinion or whether the fulfilment of the request would prejudice the situation of that person for any of these reasons.

Article 15

Human rights

1. The measures taken by States parties under this Convention shall be carried out with full respect for the rule of law, human rights and fundamental freedoms.

2. Nothing in this Convention shall be interpreted as impairing other rights and obligations of States and persons under international law, in particular the Charter of the United Nations, the Charter of the Organization of American States, international humanitarian law, international human rights law and international refugee law.

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

Article 16

Training

1. States Parties shall promote technical cooperation and training programmes, at the national, bilateral, subregional and regional levels and within the framework of the Organization of American States, to strengthen national institutions responsible for the fulfilment of the obligations arising from this Convention.

2. States Parties shall also promote, as appropriate, technical cooperation and training programmes with other regional and international organizations engaged in activities related to the purposes of this Convention.

Article 17

Cooperation through the Organization of American States

The States Parties shall promote the widest cooperation within the relevant bodies of the Organization of American States, including the Inter-American Committee against Terrorism (CICTE), in matters related to the object and purposes of this Convention.

Article 18

Consultation between Parties

1. States Parties shall hold regular consultative meetings, as appropriate, with a view to facilitating:

a. The full implementation of this Convention, including consideration of matters of interest related to it identified by States parties; and

b. Exchange of information and experiences on effective ways and methods to prevent, detect, investigate and punish terrorism.

2. The Secretary-General shall convene a consultation meeting of States Parties after receiving the tenth instrument of ratification. Without prejudice to this, the States Parties may consult as appropriate.

3. The States Parties may request the relevant bodies of the Organization of American States, including the CICTE, to facilitate the consultations referred to in the preceding paragraphs and to provide other forms of assistance in the implementation of this Convention.

Article 19

Exercise of jurisdiction

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

Article 20

Depositary

The original instrument of this Convention, whose texts in English, French, English and Portuguese are equally authentic, will be deposited with the General Secretariat of the Organization of American States.

Article 21

Signature and ratification

1. This Convention is open for signature by all Member States of the Organization of American States.

2. This Convention is subject to ratification by the signatory States in accordance with their respective constitutional procedures. Instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Article 22

Entry into force

1. This Convention shall enter into force on the thirtieth day from the date of deposit of the sixth instrument of ratification of the Convention in the General Secretariat of the Organization of American States.

2. For each State ratifying the Convention after the deposit of the sixth instrument of ratification, the Convention shall enter into force on the thirtieth day from the date on which such State has deposited the corresponding instrument.

Rule 23

Complaint

1. Any State Party may denounce this Convention by written notification addressed to the Secretary-General of the Organization of American States. The complaint shall take effect one year after the date on which the notification has been received by the Secretary-General of the Organization.

2. Such a complaint shall not affect any request for information or assistance made during the period of the Convention for the reporting State.

Signatures