Inter-American Convention On Mutual Assistance In Criminal Matters - Full Text Of The Norm

Original Language Title: CONVENCIONES CONVENCION INTERAMERICANA SOBRE ASISTENCIA MUTUA EN MATERIA PENAL - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Conventions Law 26.139 Approve the Inter-American Convention on Mutual Assistance in Criminal Matters, adopted at Nassau-Bahamas on 23 May 1992. Sanctioned: August 16, 2006 Cast: September 4, 2006

The Senate and Chamber of Deputies of the Nation

Argentina gathered in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Apply the Inter-American Convention on Mutual Assistance in MATERIA PENAL, adopted at Nassau .BAHAMAS. on 23 May 1992, consists of CUARENTA (40) articles and UN (1) Rectification Act, whose authenticated photocopies are 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 AUGUST OF THE YEAR DOS MIL SEIS.

# 26,139 EL

ALBERTO BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.

Inter-American Convention on

_

PREAMBULO

MEMBER STATES

THE ORGANIZATION OF THE

AMERICAN STATES,

CONSIDERING:

That the Charter of the Organization of American States in its article 2, literal (e), establishes as an essential purpose of the American States "to seek the solution of the political, legal and economic problems that arise between them", and

That the adoption of common rules in the field of mutual assistance in criminal matters will contribute to this purpose,

Adopt the following Inter-American Convention on Mutual Assistance in Criminal Matters:

CHAPTER I

GENERAL PROVISIONS

Article 1. OBJECT OF THE CONVENTION

States Parties undertake to provide mutual assistance in criminal matters, in accordance with the provisions of this Convention.

Article 2. IMPLEMENTATION AND FUNDING OF THE CONVENTION

States Parties shall provide mutual assistance in criminal investigations, prosecutions and proceedings relating to offences under the jurisdiction of the requesting State upon request for assistance.

This Convention does not empower a State party to undertake in the territory of another State Party the exercise of jurisdiction or the performance of functions reserved exclusively to the authorities of the other Party by its domestic legislation.

This Convention applies only to the provision of mutual assistance between States parties; its provisions do not grant individuals the right to obtain or exclude evidence, or to prevent the implementation of any request for assistance.

Article 3. CENTRAL AUTHORITY

Each State shall designate a Central Authority at the time of signature, ratification or accession to this Convention.

The Central Authorities will be responsible for sending and receiving requests for assistance.

The Central Authorities shall communicate directly to each other for all the purposes of this Convention.

Article 4

The assistance referred to in this Convention, taking into account the diversity of the legal systems of States Parties, will be based on requests for cooperation from the authorities responsible for the investigation or prosecution of crimes in the requested State.

Article 5. DOBLE INCRIMINATION

Assistance will be provided even if its origin is not punishable under the law of the requested State.

Where the request for assistance relates to the following measures: (a) embargo and abduction of property; and (b) inspections and seizures, including house searches and searches, the requested State may not provide assistance if the act originating the request is not punishable under its law.

Article 6

For the purposes of this convention, the act must be punishable by a year or more imprisonment in the requesting State.

Article 7. APPLICATION

The assistance provided for in this convention shall include, inter alia, the following acts:

a. notification of resolutions and judgements;

b. reception of testimonies and statements of persons;

c. Notification of witnesses and experts to testify;

d. practice of embargo and abduction of property, immobilization of assets and assistance in procedures relating to seizure;

e. carry out inspections or seizures;

f. examine objects and sites;

g. exhibit judicial documents;

h. reference of documents, reports, information and evidence;

I. the transfer of persons detained for the purposes of this Convention, and

j. any other act provided that there is agreement between the requesting State and the requested State.

Article 8. MILITARY

This Convention shall not apply to offences subject exclusively to military law.

Article 9. ASSISTANCE

The requested State may refuse assistance when it considers:

a. the request for assistance shall be used for the purpose of judging a person for a charge by which the person was previously convicted or acquitted in a trial in the requesting or requested State;

b. the investigation has been initiated in order to prosecute, punish or discriminate in any way against a person or group of persons for reasons of sex, race, social status, nationality, religion or ideology;

c. the request refers to a political or related offence with a political offence, or a common crime persecuted for a political reason;

d. This is an application originated at the request of an emergency court or an ad hoc court;

e. affects public order, sovereignty, security or fundamental public interests, and

f. the request refers to a tax offence. However, assistance will be provided if the offence is committed by an intentionally false statement made either or in writing, or by an intentional omission of declaration, in order to conceal income from any other offence covered by this Convention.

CHAPTER II

SOLICITUD, TRAMIT AND EXECUTION

ASSISTANCE

Article 10. ASISTANCE SOLICITY: REGULATION

Requests for assistance by the requesting State shall be made in writing and executed in accordance with the domestic law of the requested State.

To the extent that the law of the requested State is not contravened, the procedures referred to in the request for assistance shall be complied with in the manner expressed by the requesting State.

Article 11

The requested State may, with explanation of case, defer the execution of any request that has been made to it if it is necessary to continue an investigation or procedure in the requested State.

Article 12

Documents and objects sent pursuant to a request for assistance shall be returned to the requested State within the shortest possible time, unless otherwise decided.

Article 13. REGISTER, EMBARGO, SECUESTRO AND BETWEEN OBJECTS

The requested State shall comply with the request for registration, embargo, abduction and surrender of any object, including, inter alia, documents, background or effects, if the competent Authority determines that the request contains the information that warrants the proposed measure. Such a measure shall be subject to the procedural and substantive law of the requested State.

As provided for in this Convention, the requested State shall determine according to its law any requirements necessary to protect the interests of third parties on objects to be transferred.

Article 14. MEASURES OF ASEGURAMIENT DE BIENES

The Central Authority of one of the Parties may inform the Central Authority of the other Party of the information it possesses about the existence in the territory of the latter, of the income, fruits or instruments of an offence.

Article 15

Parties shall provide mutual assistance, to the extent permitted by their laws, to promote precautionary procedures and measures to ensure the income, fruits or instruments of crime.

Article 16. DATE, LUGAR AND MODALITY OF THE IMPLEMENTATION OF THE ASSISTANCE SOLICITY

The requested State shall set the date and venue for the execution of the request for assistance and may communicate them to the requesting State.

The authorities and the parties concerned, or their representatives, of the requested State, may, upon the knowledge of the Central Authority of the requested State, be present and participate in the implementation of the request for assistance to the extent that it is not prohibited by the law of the requested State and has the express consent of its authorities in this regard.

CHAPTER III

NOTIFICATION OF RESOLUTIONS,

PROVIDENCES AND SENTENCES

AND TESTIGS COMPARCY

AND PERIOD

Article 17

At the request of the requesting State, the requested State shall notify the resolutions, rulings or other documents from the competent authorities of the requested State.

Article 18. _

At the request of the requesting State, any person in the requested State shall be summoned to appear in accordance with the law of the requested State before the competent authority to testify or provide evidence, background or evidence.

Article 19. _

When the requesting State requests the appearance of a person in its territory to testify or report, the requested State shall invite the witness or expert to appear voluntarily before the competent authority of the requesting State and without using conmintory or coercive measures. If deemed necessary, the Central Authority of the requested State may register in writing the consent of the person to appear in the requested State. The Central Authority of the requested State shall promptly inform the Central Authority of the requested State of that response.

Article 20. _

The person subject to a criminal procedure in the requested State whose appearance in the requested State is required by the assistance provided for in this Convention shall be temporarily transferred to the requesting State, provided that the person and the requested State consent to such transfer.

A person subject to criminal proceedings in the requesting State whose appearance in the requested State is required under the assistance provided for in this Convention shall be temporarily transferred to the requested State, provided that the person and both States agree.

The above may be denied, inter alia, in the following cases:

a. if the person arrested or is serving a penalty deny his or her consent to such transfer;

b. while his presence was necessary in an investigation or criminal trial pending in the jurisdiction to which the person is subject.

c. if there are other legal or other considerations determined by the competent authority of the requested or required State.

For the purposes of this article:

a. the receiving State shall have the authority and the obligation to keep the person transferred in physical custody unless the sending State indicates otherwise;

b. the receiving State shall return the person transferred to the sending State as soon as the circumstances permit or subject to the agreement between the central authorities of both States;

c. With regard to the return of the person transferred, it will not be necessary for the sending State to promote an extradition procedure;

d. the time elapsed in the receiving State shall be computed, for the purposes of compliance with the consent imposed on it in the sender State, and

e. that person ' s stay in the receiving State in no case may exceed the period remaining for the performance of the sentence or sixty days, depending on the time period first met, unless the person and both States consent to extend it.

Article 21. TRANSITIONAL

The States Parties shall cooperate, to the extent possible, for the transit through their territory of the persons referred to in the preceding article, provided that the respective Central Authority has been duly notified and that these persons travel in the custody of agents of the requesting State.

The above-mentioned notice shall not be necessary when the use of air transport means is made and no regular landings are foreseen in the territory of or of the States Parties to be flying over.

Article 22. SALVOCONDUCTO

The appearance or transfer of the person who consents to testify or testify in accordance with the provisions of this Convention shall be conditioned, if the person or the sending State so requests prior to such appearance or transfer, that the requested State grant a safe conduct under which, while in that State, it shall not:

a. to be detained or prosecuted for crimes prior to their departure from the territory of the sender State;

b. be required to testify or testify in procedures not specified in the request, and

c. to be detained or prosecuted on the basis of the statement to be made, except in case of contempt or false testimony.

The safe conduct provided for in the preceding paragraph shall cease when the person voluntarily prolongs his/her stay in the territory of the receiving State for more than 10 days from the time that his/her presence is no longer necessary in that State, as communicated to the sending State.

Rule 23

In the case of witnesses or experts, questions, interrogations or questionnaires will be accompanied to the extent necessary and possible.

CHAPTER IV

REMISION OF INFORMATION

AND BACKGROUND

Article 24

In cases where assistance proceeds under this Convention, upon request, and in accordance with its internal procedure, the requested State shall provide the requesting State with a copy of the documents, backgrounds or information of a public nature that they operate in the government agencies and units of the requested State.

The requested State may provide copies of any document, background or information obtained in a governmental agency or unit of that State but not of a public nature, to the same extent and subject to the same conditions under which its own judicial authorities or other law enforcement authorities would be provided. The requested State may, in its opinion, deny in whole or in part a request under this paragraph.

Article 25. LIMITATION TO THE USE OF INFORMATION OR

The requesting State may not disclose or use any information or evidence obtained under this convention for purposes other than those specified in the request for assistance, without prior consent of the Central Authority of the requested State.

In exceptional cases, if the requesting State needs to disclose and use, in whole or in part, the information or evidence for purposes other than those specified, it shall request the corresponding authorization of the requested State, which, in its opinion, may access or deny, in whole or in part, the request.

The information or evidence that should be disclosed and used, to the extent necessary for the proper compliance of the procedure or procedures specified in the request, shall not be subject to the authorization requirement referred to in this article.

Where necessary, the requested State may request that the information or evidence provided be kept confidential in accordance with the conditions specified by the Central Authority. If the required Party is unable to comply with such a request, the central authorities will be consulted to determine the mutually appropriate confidentiality conditions.

CHAPTER V

PROCEDURES

Article 26

Requests for assistance should contain the following indications:

a. a criminal offence referred to in the procedure and summary description of the facts constituting it, investigation or criminal proceedings in question and description of the facts referred to in the application;

b. act that originates the request for assistance with a precise description thereof;

c. where relevant, the description of any procedure or other special requirements of the requested State;

d. precise description of the assistance requested and all information necessary for the implementation of the request.

When a request for assistance cannot be fulfilled by the requested State, it shall return it to the requesting State with explanation of the case.

The requested State may request additional information where necessary to comply with the request in accordance with its domestic law or to facilitate such compliance.

Where necessary, the requesting State shall, where appropriate, proceed as provided for in the last paragraph of article 24 of this Convention.

Article 27

The documents processed in accordance with this Convention through the Central Authorities shall be exempt from legalization or authentication.

Rule 28

Requests for assistance and related documentation should be translated into an official language of the requested State.

Rule 29

The requested State shall take charge of all regular expenses for the execution of an application within its territory, except the following, which shall be borne by the requesting State:

a. Expert fees, and

b. travel and related costs arising from the transport of persons from the territory of one State to the other.

If it appears that the processing of the request may result in extraordinary costs, States Parties shall consult to determine the terms and conditions under which the assistance could be provided.

Article 30

To the extent that they deem it useful and necessary for the best implementation of this Convention, States Parties may exchange information on matters related to the implementation of the Convention.

Article 31. RESPONSIBILITY

The internal law of each Party regulates liability for damages that may arise from the acts of its authorities in the implementation of this convention.

None of the Parties shall be liable for any damage arising from acts of the authorities of the other Party in the formulation or implementation of a request under this Convention.

CHAPTER VI

FINAL CLAUSULATIONS

Rule 32

This Convention will be open for signature by the member States of the Organization of American States.

Rule 33

This Convention shall be subject to ratification. Instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Rule 34

This Convention shall be open to accession by any other State. Instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

Rule 35

Each State may make reservations to this Convention at the time of signature, adoption, ratification or accession to it, provided that the reservation relates to one or more specific provisions and is not incompatible with the object and purpose of the Convention.

Article 36

This Convention shall not be construed as affecting or restricting existing obligations, in accordance with the terms of any other international, bilateral or multilateral convention that contains or may contain clauses that govern specific aspects of mutual assistance in criminal matters, in a partial or total manner, or the best practices that such States may observe in the matter.

Rule 37

This Convention shall enter into force on the thirtieth day from the date of deposit of the second instrument of ratification.

For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day from the date on which such State deposited its instrument of ratification or accession.

Rule 38

States Parties with two or more territorial units governing different legal systems related to issues covered by this Convention shall, at the time of signature, ratification or accession, declare that the Convention shall apply to all their territorial units or only to one or more of them.

Such declarations may be amended by subsequent declarations, which expressly specify the unity or territorial units to which the present Convention shall apply. Such subsequent statements shall be transmitted to the General Secretariat of the Organization of American States and shall be effected thirty days after receipt.

Rule 39

This Convention shall govern indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year, from the date of deposit of the instrument of denunciation, the Convention shall cease its effects for the reporting State, remaining to the other States Parties.

Article 40

The original instrument of this Convention, whose texts in English, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send authentic copies of its text for registration and publication to the General Secretariat of the United Nations, in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the member States of this Organization and the States that have acceded to the Convention of signatures and deposits of instruments of ratification, accession and denunciation, as well as of reservations to be made. It shall also transmit to it the declarations provided for in article 38.

ORGANIZATION OF THE

AMERICAN STATES

WASHINGTON, D.C.

GENERAL SECRETARY-GENERAL

RECTIFICATION OF THE TEXT IN SPANISH, ENGLISH, PORTUGUES AND FRANCES OF THE INTERAMERICAN CONVENTION ON MUTUAL ASSISTANCE IN PENAL MATERIA

The General Secretariat of the Organization of American States, in accordance with the provisions of the General Assembly Resolution, adopted on December 10, 1981 (AG/RES. 545 (XI-O/81)), which contains the Procedure for Correcting Errors or Discrepancies in Treaties or Conventions of which the OAS is depositary, through Noteau OAS/2.2/17/95, dated October 6, 1995, communicated to the Member States of the

The General Secretariat, pursuant to Article 5 of the above-mentioned Resolution, which states that if at the expiration of the fixed time no objection has been made, the Secretary General of the Organization of American States shall make and rule the corrections in the text, extending a record of the rectification of the same and shall transmit a copy of that record to the parties to the treaty, to the States signatory and to the States authorized to be French,

"Discrepancies between English and Spanish certified texts

A. Article 3, paragraph 2

Correction to the Spanish text: Add the following text in paragraph 2 of Article 3: "The central authorities will be responsible for sending and receiving requests for assistance."

B. Article 38, paragraph 2, line 1

Correction to the Spanish text: In article 38, paragraph 2, first line, replace the word "notified" with "modified".

Discrepancies between certified texts in English and Portuguese

A. Article 6

Correction to the Portuguese text: Replace the current text of Article 6 by the following: "To os efeitos desta Convenção, o fato que der origem ao order deve ser punível com pena de um ano ou mais de prisão no Estado requerente."

B. Article 16, first clause

Correction to the Portuguese text: In article 16, first clause, replace the word "shall" with "power".

C. Article 18

Correction to the Portuguese text: In Article 18, replace the word "powers to "believe."

D. Article 34, first clause

Correction to the Portuguese text: In article 34, first clause, replace the phrase "qualquer Estado Americana" with "qualquer outro Estado".

E. Article 38, paragraph 2, first clause

Correction to the Portuguese text: In article 38, paragraph 2, first clause, replace the word "notified" with "emendadas".

Discrepancies between English and French certified texts

A. First paragraph of the introduction, second line

English: in article 2.e

French: in article 2.d

B. Article 5, paragraph 2

Correction to the French text: In Article 5, paragraph 2, replace text in force with the following: "perquisition et confiscation de biens, notamment les perquisitions domiciliaires".

C. Article 9 (a), line 3

Correction to the French text: In Article 9(a), Line 3, replace "et" with "ou".

D. Article 13, Title and Line 1

Correction to the French text: In the title and in line 1 of article 13, replace the word "enregistrement" with "per acquisition".

E. Article 13, line 2

Correction to the French text: In article 13, line 2, replace the phrase "acte juridique" with the word "objets".

F. Article 20 (a), after "For the purposes of this article:"

Correction to the French text: In article 20 (a), after the phrase "Aux effets du present article", replace the phrase "sous surveillance physique" with "in detention".

G. Article 21, line 5

Correction to the French text: In article 21, line 5, replace the phrase "sous la surveillance" with "in detention sous la garde".

H. Article 24, paragraph 2, last line

Correction to the French text: In article 24, paragraph 2, last line, replace the word "article" with "paragraphe".

I. Article 26, last paragraph, second line

Correction to the French text: In article 26, last paragraph, replace the current text with the following: "selon les prescriptions du dernier paragraphe de l formula 24 de la présente Convention".

J. Article 34, line 2

Correction to the French text: In article 34, line 2, replace the current text with the following: "Present Convention est ouverte à l formulaadhésion de tout autre Etat".

K. Article 38, paragraph 2, line 1

Correction to the French text: In article 38, paragraph 2, line 1, replace the word "notifiées" with "modifiées".

L. Article 40, last line

Correction: In article 40, last line, replace the number "37" with the number "38".

M. Miscellaneous typographical errors in the French text

Article 3, line 5: cnetrales = central

Article 7, line 1: jConvention = Convention

Article 7 (b), line 1: frightening = temoignages

Article 9 (a), line 1: dns = dans

Article 16, last line: cosnentement = consentement

Article 24, line 1: conformément

Article 24, line 11: conditons = conditions

Article 26 (b), lines 2 and 3: descrip-tion = description

Article 26, second paragraph: renvoit = renvoie

Article 37, line 6: ratifi- cation = ratification"

TO CONSTANCIA the present Rectification Act is issued, which will be forwarded to the member States of the Organization of American States accompanied by a certified copy of the text in Spanish, English, Portuguese and French of the Inter-American Convention on Mutual Assistance in Criminal Matters.

IN WITNESDAY, I subscribe to this record in the city of Washington, D.C., on the 26th day of the month of March, nine hundred and ninety-six.

Signature