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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176. Presentation of the Federal Chancellor concerning the scope of the United Nations Convention against Transnational Organised Crime

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Accession instruments to the United Nations Convention against Transnational Organized Crime (BGBl. III No 84/2005, last proclamation of the BGBl area. III N ° 145/2011):

States:

Date of deposit of the instruments of ratification. Certificate of Accession:

Andorra

22 September 2011

Burundi

24 May 2012

Côte d' Ivoire

25 October 2012

Ghana

21 August 2012

Holy See

25. January 2012

Nauru

12 July 2012

Nepal

23 December 2011

Niue

16 July 2012

Swaziland

24 September 2012

Vietnam

8 June 2012

On the occasion of the deposit of their instruments of ratification or The following Member States have declared the following reservations, or Statements made:

Andorra:

In accordance with Article 35 (3) of the United Nations Convention against Transnational Organized Crime, adopted on 15 November 2000 in New York, the Principality of Andorra declares that it does not comply with the obligation under Article 35 (3) (3) of the United Nations Convention against Transnational Organized Crime in New York on 15 November 2000 2, in the sense that the consent of all parties to the International Court of Justice is necessary for the submission of a dispute to the International Court of Justice.

Pursuant to Article 18 (13) of the Convention, the Government of the Principality of Andorra shall designate the following central authority as the competent authority and shall have the power to obtain and carry out requests for legal assistance:

" Ministry in charge of Interior

Government of the Principality of Andorra

Administrative Building 'Obac'

Obac Street

AD 700 Escaldes-Engordany

Principality of Andorra "

Nevertheless, in an emergency, all requests can be sent directly via INTERPOL (International Criminal Police Organization).

In accordance with Article 18 (14) of the Convention, the Government of the Principality of Andorra recognises all requests for legal assistance in Catalan, French and Spanish languages, or those which have been translated into Catalan, French or Spanish languages. Spanish language.

Burundi:

According to Art. 16 (5) lit. b considers that the Government of the Republic of Burundi does not regard this Convention as a legal basis for cooperation in the field of extradition, and therefore makes extradition conditional upon the existence of a treaty and, if appropriate, To conclude extradition contracts with other States Parties in order to apply this Article.

Côte d' Ivoire:

On Article 5 (1) (lit). a paragraph i:

The State of Côte d' Ivoire does not require any involvement in an organised criminal group or any action to support the agreement for the purposes of the provisions of Article 5 (1) (lit). a (i) of criminal offences.

On Art. 16 (5):

The Government of the Republic of Côte d' Ivoire takes the United Nations Convention against Transnational Organized Crime as the legal basis for cooperation with other States Parties to the Convention in the case of the Republic of Côte d' Ivoire. Extradition, in addition to existing bilateral and multilateral treaties, conventions and agreements.

On Art. 18 (13):

The Central Authority for the reception and execution of requests for legal assistance is the Department of Civil and Criminal Matters (DACP) of the Ministry of Justice, based in Chancellerie, Bloc ministériel, BP V 107 Abidjan, Côte d' Ivoire.

Holy See:

Reservation:

In accordance with Article 35 (3) of the Convention, the Holy See, acting also on behalf of and on behalf of the Vatican State, declares that it does not consider itself bound by Article 35 (2) of the Convention. The Holy See, acting also on behalf of and on behalf of the Vatican City State, expressly reserves the right, on an individual case basis, to agree on an ad hoc basis to any appropriate means in order to settle any disputes arising from this Convention.

Explanations:

By acceding to the United Nations Convention against Transnational Organized Crime, the Holy See also intends to act, acting on behalf of and on behalf of the Vatican State, on global prevention, repression and Contribute to the prosecution of cross-border organised crime and the protection of victims of such crimes and to support them morally.

In accordance with its peculiar nature, its task and the peculiarity of the Vatican State, the Holy See preserves the values of brotherhood, justice and peace between the people and the peoples, whose protection and strengthening the primacy of of the rule of law and respect for human rights, and reaffirms that the instruments of criminal and judicial cooperation are effective in the face of criminal, human dignity and peace of dangerous activities.

With regard to Article 10 of the Convention, the Holy See notes that, in view of the special nature of the Holy See and of the Vatican State, the concept of criminal liability of legal persons shall not be included in its national law. Legal principles are incorporated.

The Holy See declares that Article 16 (14) and Article 18 (21) of the Convention in respect of their legal doctrine and sources of law (Vatican State Law LXXI of 1. October 2008).

Notification:

In accordance with Article 16 (5) of the Convention, the Holy See declares that it considers the Convention to be the legal basis for cooperation with other States Parties to the Convention in extradition, subject to the provisions of the Convention Restrictions on the extradition of persons provided for by national law.

Nepal:

In accordance with Article 35 (3), the Government of Nepal declares that it does not consider itself bound by the obligation under Article 35 (2).

In accordance with Article 16 (5), Article 18 (13) and Article 18 (14) of the United Nations Convention against Transnational Organized Crime, the Government of Nepal hereby states:

a)

In accordance with Article 16 (5) of the Convention, this is not considered to be a legal basis for cooperation on extradition.

b)

According to Article 18 (13), the Ministry of the Interior is the central authority which has been designated to obtain requests for legal assistance and either to carry it out or to submit it to the competent authorities for the purpose of carrying out the work.

c)

In accordance with Article 18 (14), the Nepalese or English language shall be accepted for the purposes of the requests for mutual assistance and the request for other relevant information.

Niue:

On Art. 5 (3):

The 2006 Act on the fight against terrorism and cross-border crime came into force on 1 December 2006. The main objective of the law, see section 2 of the law, is the implementation of the UN Security Council Resolution [1373 (2001)] and the conventions on terrorism and transnational organized crime to prevent Terrorists in Niue are active and in order to deter people in Niue from participating in terrorist activities or supporting terrorism.

Participation in an organised criminal group has been criminalised in Section 35 of the Act, as well as trafficking in human beings and smuggling in sections 36-39, contained in Annexes II and III to the Convention.

Money laundering was criminalised in the 1998 Act on the proceeds of crime, and the 1998 Act on Mutual Assistance in Criminal Matters, in order to enforce the enforcement of orders for confiscation/forfeiting of foreign assets and fines .

In addition, the following laws implement the Convention (which also 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 Law 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 ".

On Art. 16 (5):

The Extradition Act 2007 provides for the application of this Article to be extradited on the basis of a contract and the conclusion of contracts with other States Parties to this Convention.

On Art. 18 (13):

Under the 1998 Law on Mutual Assistance in Criminal Matters, the Attorney General is the central authority empowered and empowered to obtain requests for legal assistance and either to do so or to contact the competent authorities for the purpose of obtaining legal assistance. To do so.

It is noted that in 2004 the Office of the Attorney General was repealed, however, according to the Law on Mutual Assistance in Criminal Matters of 1998, the Attorney General of the Chief Legal Adviser to the Government of Niue. The Advocate General, who is the head of the Crown Law Office, is the supreme legal adviser to the Government of Niue and takes on this role of the central authority.

On Art. 18 (14):

The Government of Niue confirms that it accepts the English language for all communications under this Convention.

On Art. 31 (6):

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 ".

Vietnam:

Reservation:

The Socialist Republic of Vietnam does not consider itself bound by the provisions of Article 35 (2) of the Convention.

Explanations:

1.

The Socialist Republic of Vietnam declares that the provisions of the United Nations Convention against Transnational Organized Crime are not directly applicable. The implementation of the provisions of this Convention shall be in accordance with constitutional principles and the substantive law of the Socialist Republic of Vietnam, on the basis of bilateral or multilateral cooperation agreements with other states and the principle of reciprocity.

2.

In accordance with the principles of Vietnamese law, the Socialist Republic of Vietnam declares that it is not bound by the provisions of Article 10 of this Convention with regard to the criminal liability of legal persons .

3.

In accordance with Article 16 of this Convention, the Socialist Republic of Vietnam declares that it does not consider this Convention as a direct legal basis for extradition. The Socialist Republic of Vietnam is carrying out extradition in accordance with the provisions of Vietnamese law, on the basis of extradition treaties and the principle of reciprocity.

Notifiations under Art. 5 (3), Art. 16 (5), Art. 18 (13) and (14) and Article 31 (6):

1.

Pursuant to Article 18 (13) of the Convention, the following designated central authorities of the Socialist Republic of Vietnam are responsible and have the power to obtain requests for mutual assistance:

-

The Ministry of Justice is responsible and empowered to obtain legal assistance requests in civil matters; the address of the Ministry of Justice is: 60 Tran Phu Street, Ba Dinh District, Ha Noi, Vietnam;

-

The "Supreme People's Procuracy" is responsible and empowered to obtain legal assistance requests in criminal cases; 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 has the power to obtain requests for legal assistance concerning extradition and transfer of convicted persons; the address of the Ministry of Public Security is: 44 Yet Kieu Street, Ha Noi, Vietnam;

2.

In accordance with Article 18 (14) of the Convention, Vietnamese and English are the languages acceptable to the Socialist Republic of Vietnam with regard to requests for legal assistance under the Convention.

According to other communications from the Secretary-General of the United Nations, the following states have declared the following reservations, or Statements made:

Argentina 1 :

On Art. 16 (5) (extradition):

If there is a contract, the conditions laid down in that contract must be fulfilled. If there is no contract governing the delivery, the following conditions must be met:

If the requested person is under indictress:

a)

A clear description of the offence, with precise information concerning the time of the offence, the crime scene and the circumstances in which the offence was committed and the identity of the victim;

b)

The legal classification of the offence;

c)

A declaration of the jurisdiction of the courts of the requesting State to negotiate on the case, and the justification for not having expired the limitation period;

d)

An affidavit or a certified copy of the court decision for the detention of the defendant, with an explanation of the reasons why the person is suspected of having participated in the offence and the Court decision to comply with the extradition request;

e)

The text of the criminal and procedural provisions applicable to the case with reference to the previous paragraphs;

f)

All available information on the identification of the requested person, such as name, pseudonym, nationality, date of birth, family status, occupation or employment, special marks, photographs and fingerprints, and all available information on his place of residence or residence in the Argentine territory.

In the event of a conviction of the requested person, the following information shall be added to the previous information:

g)

An affidavit or a certified copy of the court's judgment on a conviction;

h)

A confirmation that it was not a absentia ruling and that the verdict is final. If the judgment has been delivered in absentia, it must be assured that the case will be reopened so that the convicted person may be heard and may exercise their right of defence, and accordingly a new one Judgment is made;

i)

Information on the length of the penalty which is still to be served;

j)

An explanation of the reasons why the sentence was not completely served.

On Art. 18 (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

Application by INTERPOL: yes (only for requests for security custody before extradition).

Armenia 2 :

On Art. 18 (13):

Updated data of the competent national authority, determined in accordance with the United Nations Convention against Transnational Organized Crime.

Name of Authority: Police of the Republic of Armenia

Complete postal address: str. Nalbandyan 130

Yerevan 0025

Contact point name: International Cooperation Department

Languages: English, Russian

Acceptance of questions by INTERPOL: Yes

Accepted forms and ways: all, for police purposes only

Specific procedures in urgent cases: depending on the case.

China 1 :

On 27 September 2006 the Government of the People's Republic of China notified the Secretary-General of the United Nations of the following statement:

In accordance with the provisions of Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Convention shall apply to the Hong Kong Special Administrative Region.

In accordance with the provisions of Article 18 (13) of the Convention and for the purpose of applying the Convention to the Hong Kong Special Administrative Region, the Hong Kong Special Administrative Region shall designate the Secretary of Justice of the judicial authority of the Hong Kong Special Administrative Region as the central authority.

Address: 47 /F High Block, Queensway Government Offices, 66 Queensway, Hong Kong.

In accordance with Article 18 (14) of the Convention, Chinese or English is the only language recognised by the Hong Kong Special Administrative Region for written mutual assistance requests.

Furthermore, on 30 November 2012 the People's Republic of China informed the Secretary-General of the following:

1. The Ministry of Foreign Affairs of the People's Republic of China shall be designated as the authority responsible for cooperation on extradition within the meaning of Article 16 of the Convention.

Address: No. 2 Chao Yang Men Nan Da Jie, Chao Yang District, Beijing, China.

2. With regard to the Hong Kong Special Administrative Region, the Secretary of Justice of the judicial authority of the Hong Kong Special Administrative Region shall be the competent authority responsible for cooperation in the transfer of fleeting right-of-law breakers within the meaning of Art. 16 of the Convention.

Address: 47 /F High Block, Queensway Government Offices, 66 Queensway, Hong Kong.

With regard to the Macao Special Administrative Region, the Office of the Secretary of Administration and Justice of the Special Administrative Region of Macao shall be the Office of the Special Administrative Region of Macao, as the competent authority responsible for cooperation in the transfer of volatile lawbreakers within the meaning of Article 16. of the Convention.

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

Iceland 3 :

In accordance with Article 18 (13) of the Convention, Iceland hereby determines the Ministry of Justice and Human Rights as the central authority responsible and empowered to obtain requests for legal assistance and either to carry out or to to the competent authorities responsible for the execution of the project. Iceland continues to declare that, pursuant to Article 18 (14), the requests shall be made in Icelandic or English.

Liechtenstein 4 :

On Art. 18 (3):

Name of Authority: Ministry of Justice

Full postal address:

House Risch

Äulestrasse 51

Postfach 684

FL-9490 Vaduz

Contact point name: Ministry of Justice

Languages: German, English

Acceptance of questions by INTERPOL: Yes

Necessary information for requests to be carried out: requests for legal assistance (pending criminal proceedings, summary of facts, assistance requested, legal provisions)

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

Myanmar 2 :

On 17 September 2012, the Government of the Union of Myanmar announced to the Secretary-General of the United Nations that it fully withdraws the reservation made on the occasion of accession to Article 16.

United Kingdom 5 :

11. Jänner 2007/ On 27 November 2007, the United Kingdom stated that the Convention would also apply to the Falkland Islands, respectively. Gibraltar application.

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

The United Kingdom Government of Great Britain and Northern Ireland wishes to extend the ratification of the Convention against Transnational Organised Crime by the United Kingdom to the following Areas 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 shall determine that the extension of the said Convention to the Cayman Islands and the British Virgin Islands shall enter into force on the thirtieth day after the date of deposit of this notification. occurs.

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

The Government of the United Kingdom of Great Britain and Northern Ireland wishes to extend the United Kingdom's ratification of the Convention against Transnational Organised Crime to the territory of the United Kingdom. Island Man, for whose international relations the United Kingdom is responsible:

The Government of the United Kingdom of Great Britain and Northern Ireland shall determine that the extension of the said Convention to the Isle of Man shall enter into force on the thirtieth day after the date of the deposit of this notification.

Faymann