Scope Of The Convention Of The United Nations Against The Transnational Organized Crime

Original Language Title: Geltungsbereich des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2012_III_176/BGBLA_2012_III_176.html

176. Proclamation of the Federal Chancellor concerning the scope of the Convention of the United Nations against the transnational organized crime

After messages of the Secretary-General of the United Nations, following further States have their instruments of ratification or accession to the Convention of the United Nations against the transnational organised crime (Federal Law Gazette III No. 84/2005, last proclamation of the scope BGBl. III No. 145/2011) deposited:

 



States:



Date of deposit of the instrument of ratification or instrument of accession:



Andorra



September 22, 2011



Burundi



May 24, 2012



Côte d'Ivoire



25 October 2012



Ghana



21 August 2012



Holy See



January 25, 2012



Nauru



July 12, 2012



Nepal



December 23, 2011



Niue



16 July 2012



Swaziland



September 24, 2012



Viet Nam



8 June 2012 on the occasion of the deposit of their instruments of ratification or accession have following States expressed the following reservations and declarations:

Andorra:

In accordance with article 35 § 3 of the Convention of the United Nations against the transnational organized crime, adopted explains the Principality of Andorra on 15 November 2000 in New York, that's bound considered para 2 is on the obligation under article 35, in the sense that the consent of all parties is necessary to submit a dispute to the International Court of Justice.

 

In accordance with article 18 paragraph 13 of the agreement the Government of the Principality of Andorra the following central authority as responsible and authorised to receive requests for assistance and do:

"Ministry in charge of Interior

Government of the Principality of Andorra

Administrative building of 'S'obac'

S'obac Street

AD 700 Escaldes-Engordany

Principality of Andorra"

Yet all request via INTERPOL can in case of emergency (International Criminal Police Organization) are sent.

 

In accordance with article 18, paragraph 14 of the Convention recognizes the Government of the Principality of Andorra all letters rogatory in Catalan, French and Spanish, or those that are accompanied by a translation into the language of Catalan, French or Spanish.

Burundi:

According to article 16, paragraph 5 lit. b not considered the Government of the Republic of Burundi this Convention as the legal basis for cooperation in the field of delivery and makes subject therefore the delivery by the existence of a treaty and endeavour, where appropriate, to conclude extradition treaties with other States party to apply this article.

Côte d'Ivoire:

To article 5, par. 1 lit. Paragraph i:

The State of Côte d' Ivoire requires no involvement of an organized criminal group and an action to support the agreement for the purpose which article 5 par. 1 lit. a number i specified offences.

Article 16 paragraph 5:

The Government of the Republic of Côte d' Ivoire takes the conventions of the United Nations against the transnational organized crime as the legal basis for cooperation with other States party to the Convention at the delivery, in addition to the existing bilateral and multilateral treaties, conventions and agreements.

To article 18 paragraph 13:

The central authority for the acceptance and execution of letters rogatory is the Department for civil and criminal matters (DACP) of the Ministry of Justice, based in Roguet, bloc of ministériel, BP V 107 Abidjan, Côte d' Ivoire.

Holy See:

Reservation of rights:

In accordance with article 35, the Holy See explains acting in the name and on behalf of the Vatican State, that he not bound considers paragraph 2 of the Convention itself on article 35, paragraph 3 of the Convention. The Holy See, acting in the name and on behalf of the Vatican State, expressly reserves the right to agree to any appropriate means in some cases on an ad hoc basis, to settle any disputes arising from this agreement.

Explanations:

With the accession to the Convention of the United Nations against the transnational organized crime intends to the Holy See, acting in the name and on behalf of the Vatican State to the global prevention, contributing suppression and prosecution of cross-border organised crime and the protection of victims of such crimes and moral support.

In accordance with its character, its mission and the specificity of the Vatican State, the Holy See maintains the values of fraternity, justice, and peace between people and peoples, their protection and strengthening demand the supremacy of the rule of law and the respect of for human rights, and reaffirms that the instruments constitute effective protection measures in the face of crime, human dignity and peace activities of criminal and judicial cooperation.

In relation to article 10 of the Convention the Holy Chair, notes that due to the special nature of the Holy See and of the Vatican City State, the concept of criminal liability of legal persons in its national law is incorporated into.

The Holy Chair explains that article 16 paragraph 14 and article 18 paragraph 21 of the Convention in terms of on their jurisprudence and its legal sources (Vatican City State Act LXXI of October 1, 2008) are to be interpreted.

Notification:

According to article 16, the Holy See paragraph 5 of the Convention explains that he considered Convention as the legal basis for cooperation with other Contracting States of the Convention on the delivery, subject to the limitations provided for in its national law with regard to the extradition of persons.

Nepal:

In accordance with article 35, paragraph 3 explains the Government of Nepal that she tied considered para. 2 to the obligation under article 35.

According to article 16 par. 5, article 18 paragraph 13 and article 18 paragraph 14 of the agreement of the United Nations against transnational organized crime the Government of Nepal hereby shall communicate: a) in accordance with article 16 paragraph 5 of the Convention is this not legal basis for cooperation on extradition considered.

(b) in accordance with article 18, paragraph 13 is the central authority, which was intended to receive requests for assistance and they either to take care of the Ministry of the Interior or to transmit them to the competent authorities to carry out.

(c) in accordance with article 18, paragraph 14 is the Nepalese or accepted the English language for the purposes of the letters rogatory and requests to other relevant information.

Niue:

Article 5 para 3:

The law on combating terrorism and cross-border crime 2006 is entered into force on 1 December 2006. The main objective of the Act, see section 2 of the Act, is the implementation of the resolution [1373 (2001)] the UN Security Council and of the conventions relating to terrorism and transnational organized crime, to prevent that terrorists in Niue are active and to keep people in Niue from participating in terrorist activities or support of terrorism.

Participation in an organized criminal group was criminalized II and III of the agreement in section 35 of the Act, as well as the trafficking in human beings and smuggling in sections 36 - 39, contained in the annexes.

Money laundering has been criminalized in the law of 1998 on the proceeds of crime, and the law of 1998 on mutual legal assistance in criminal matters, to enable the enforcement of orders for confiscation/forfeiture of foreign assets and fines.

In addition the following laws implementing the Convention (this includes the implementation of the Vienna Convention): "Extradition Act 2007; Financial transactions reporting Act 2006; Misuse of Drugs Act 2007; Mutual legal assistance in criminal matters Act 1998;. Proceeds of Crimes Act 1998; Terrorism Suppression and transnational organised crimes Act 2006; the United Nations Act 1946 and the United Nations sanctions (Terrorism Suppression and Afghanistan measures) Regulations 2004 ".

Article 16 paragraph 5:

The Extradition Act 2007 provides for the application of this article with other States party to this Convention the extradition on the basis of a contract and the conclusion of contracts.

To article 18 paragraph 13:

Within the framework of the law on mutual legal assistance in criminal matters by 1998, the Attorney General is either to the central authority that is responsible and competent to receive requests for assistance and they do or to transmit them to the competent authorities to carry out.

It is pointed out that the Office of the Attorney General was lifted in 2004, but the Attorney General is the Chief Legal Advisor of the Government of Niue, according to the law on mutual legal assistance in criminal matters 1998. The Advocate General, which the head of the Criminal Justice Agency (Crown Law Office) is, is the Chief Legal Advisor of the Government of Niue, and takes over the role of the central authority.

To article 18 paragraph 14:

Niue's Government confirmed that it accepted the English language for all communications under this Convention.

To article 31 paragraph 6: mutual legal assistance in criminal matters: "Solicitor-General

Crown Law Office

P O box 70, commercial centre

Alofi

NIUE".

Delivery: "Chief of police

Niue Police Department

P O box 69

Utuko. Alofi South

NIUE".

Viet Nam:

Reservation of rights:

The Socialist Republic of Vietnam considered paragraph 2 of the Convention itself to the provisions of article 35 bound.

Explanations:


1. the Socialist Republic of Viet Nam declares that the provisions of the Convention of the United Nations against the transnational organized crime are not directly applicable. The implementation of the provisions of this agreement is carried out in accordance with constitutional principles and the laws of the Socialist Republic of Vietnam, on the basis of bilateral or multilateral agreements with other States and the principle of reciprocity.

2. in accordance with the principles of Vietnamese law, the Socialist Republic of Vietnam declared that it not bound considers himself on the provisions of article 10 of this Convention with regard to the criminal liability of legal persons.

3. According to article 16 of the Convention, the Socialist Republic of Vietnam declared that she considered this Convention not as direct legal basis for extradition. The Socialist Republic of Vietnam carries out the delivery in accordance with the provisions of Vietnamese law, on the basis of extradition treaties and the principle of reciprocity.

Notifications to art. 5 para. 3, art. 16 para. 5, art. 18 para 13 and 14 and article 31 paragraph 6: 1.
Article 18 the following certain central authorities of the Socialist Republic of Vietnam par. 13 of the agreement are responsible and competent to receive requests for assistance:-the Ministry of Justice is responsible and authorised to receive requests for legal assistance in civil matters; the address of the Department of Justice is: 60 Tran Phu Street, BA Dinh district, Ha Noi, Vietnam.

-The ' Supreme People's Procuracy "is responsible and competent to receive requests for legal assistance in criminal matters; the address of the "Supreme People's Procuracy" is: 44 LY Thuong Kiet Street, Ha Noi, Vietnam.

-The Ministry of public security is responsible and authorized requests for assistance relating to extradition and transfer of convicted persons to obtain; the address of the Ministry of public security is: 44 yet Kieu Street, Ha Noi, Vietnam.

2. in accordance with article 18 you are acceptable languages Turkish and English paragraph 14 of the Convention with regard to the request for assistance in the framework of the Convention for the Socialist Republic of Vietnam.

 

After further releases of the Secretary-General of the United Nations according to have following States following reservations and declarations:

Argentinien1:

Article 16 paragraph 5 (delivery):

If a contract exists, are to meet the conditions laid down therein. If there is no agreement governing extradition, are to the following conditions comply with:

If the requested person is indicted: a) a clear description of the offense, with precise information concerning the time of the crime, the crime scene and the circumstances under which the offence was committed and the identity of the victim;

(b) the legal classification of the offence;

(c) a statement of the basis of jurisdiction of the courts of the requesting State, to negotiate about the case, as well as the reason that the Statute of limitations not has expired;

(d) an affidavit, or a certified copy of the court order for the arrest of the accused, with an explanation of the reasons which the person is suspected to have participated in the crime and the court order to the delivery of the request for extradition;

e) the text of the criminal and procedural provisions that are applicable to the case, referring to the previous paragraphs;

f) all available information on the identification of the person sought, such as name, pseudonym, nationality, date of birth, marital status, profession or employment, distinguishing features, photos and fingerprints, and all available information about his place of residence or abode in the Argentinian territory.

In the case of a conviction of the person sought, is to add the following to the previous information: g) a sworn statement or a certified copy of the Court ruling about a conviction;

h) a confirmation that it was not a judgement in absentia, and that the judgment is final. If the judgment in the absence must be that the case will be reopened, so that the convicted person can be listened to and should make use of their right to defence, and that accordingly a new judgment; like assurance

(i) information about the length of the penalty; yet to case

(j) an explanation of the reasons why the penalty was not fully completed.

To article 18 paragraph 13 and 14 (central authority and languages):

"Ministerio de Relaciones Exteriores y Culto

Dirección de Asistencia Jurídica Internacional

Esmeralda 1212, piso 4

C1007ABR-Buenos Aires

Argentina"

Languages: Spanish

Request by INTERPOL: Yes (only for request for backup storage before delivery).

Armenien2:

To article 18 paragraph 13:

Updated data of the competent national authority, determined under the Convention of the United Nations against the transnational organized crime.

Name of the authority: police of the Republic of Armenia

Postal address: str. Nalbandyan 130

Yerevan 0025

Name of the contact point: international cooperation Department

Languages: English, Russian

Acceptance of requests by INTERPOL: Yes

Accepted forms and ways: all for police purposes only

Specific procedure in urgent cases: depending on each case.

China1:

The Government of the people's Republic of China has notified following the Secretary-General of the United Nations Declaration on September 27, 2006:

In accordance with the provisions of article 153 of the Basic Law of the HKSAR of the people's Republic of China, the Government of the people's Republic of China Decides that the Convention to the Hong Kong Special Administrative Region shall apply.

In accordance with the provisions of article 18 paragraph 13 of the agreement and the Secretary for Justice of the judicial authority of the Hong Kong Special Administrative Region as the central authority for the purposes of the application of the Convention to the Special Administrative Region of Hong Kong, the Hong Kong Special Administrative Region.

Address: 47/F high block, Queensway Government offices, 66 Queensway, Hong Kong.

In accordance with article 18, paragraph 14 of the Convention is Chinese or English the only language which is recognised by the Hong Kong Special Administrative Region for written requests for legal assistance.

 

Furthermore the people's Republic of China announced the following the Secretary General on November 30, 2012:

1. the Ministry of Foreign Affairs of the people's Republic of China is determined to be the authority responsible for the cooperation in the extradition in accordance with article 16 of the Convention.

Address: No. 2 Chao Yang men Nan da Jie, Chao Yang District, Beijing, China.

2. In relation to the Hong Kong Special Administrative Region, the Secretary for Justice of the judicial authority of the Special Administrative Region is Hong Kong as she determined competent authority in accordance with article 16 of the Convention for cooperation in the transfer of fugitive offenders.

Address: 47/F high block, Queensway Government offices, 66 Queensway, Hong Kong.

3. In relation to the Macao Special Administrative Region, the Office of the Secretary for Administration and justice of the Special Administrative Region is Macao as she determined competent authority in accordance with article 16 of the Convention for cooperation in the transfer of fugitive offenders.

Address: Sede do Governo da RAEM, Avenida da Praia Grande, Macau.

Island3:

In accordance with article 18 paragraph 13 of the agreement Island hereby determines as a central authority that is responsible and empowered, to receive letters rogatory and either to do or to transmit them to the competent authorities to carry out the Ministry of Justice and human rights. Island continues to explains that pursuant to article 18 the request in Icelandic or English are to paragraph 14.

Liechtenstein4:

Article 18 para 3:

Name of the authority: Ministry of Justice

Full mailing address:

House Risch

Äulestrasse 51

P.o. box 684

FL-9490 Vaduz

Name of the contact point: Ministry of Justice

Languages: German, English

Acceptance of requests by INTERPOL: Yes

Necessary information for execute request: requests for assistance (pending criminal proceedings, summary of facts, requested support, legal provisions)

Accepted forms and ways: Fax and transmission accepted by Interpol.

Myanmar2:

The Government of the Union of Myanmar the Secretary-General of the United Nations announced on September 17, 2012, that she completely withdraw the reservation to article 16 issued on the occasion of the accession.

United kingdom5:

On 11 January 2007 and 27 November 2007 the United Kingdom said that the Convention in the Falkland Islands or Gibraltar shall apply.

 

On May 17, 2012, the Secretary-General of the United Nations received the following message:

The Government of the United Kingdom of Great Britain and Northern Ireland wants the extension by the United Kingdom ratified of the Convention against transnational organized crime on the following Territories for whose international relations the United Kingdom is responsible: Cayman Islands - British Virgin Islands.


The Government of the United Kingdom of Great Britain and Northern Ireland, determines that the extension of the Convention to the Cayman Islands and the British Virgin Islands, on the thirtieth day after the deposit of this enters into force communication.

 

On June 1, 2012, the Secretary-General received the following message:

The Government of the United Kingdom of Great Britain and Northern Ireland wishes you, for whose international relations the United Kingdom is responsible organised the extension of by the United Kingdom ratified of the Convention against transnational crime on the territory of the island:

The Government of the United Kingdom of Great Britain and Northern Ireland determined that it enters into force on the thirtieth day after the deposit of this communication the extension of the Convention to the island.

Faymann