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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145. by-laws 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. 111/2008) deposited:

 



States:



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



Bahamas



September 26, 2008



Bangladesh



July 13, 2011



Greece



January 11, 2011



Haiti



April 19, 2011



India



May 5, 2011



Indonesia



April 20, 2009



Ireland



June 17, 2010



Iceland



May 13, 2010



Yemen



February 8, 2010



Jordan



May 22, 2009



Luxembourg



May 12, 2008



Marshall Islands



June 15, 2011



Pakistan



January 13, 2010



San Marino



July 20, 2010



St. Vincent and the Grenadines



October 29, 2010



Timor-Leste



November 9, 2009



Chad



August 18, 2009 on the occasion of the deposit of their instruments of ratification or accession have following States expressed the following reservations and declarations:

Bahamas:

Reservation of rights:

In accordance with article 35 paragraph 3 of the Commonwealth of the Bahamas sets a reservation in article 35 paragraph 2 of the Convention procedure on the basis of a, that must be a reference of a dispute about the application or the interpretation of the provisions of the Convention to arbitration or to the International Court of Justice, the agreement of all parties.

Explanations:

According to article 16, paragraph 5 lit. a Commonwealth of the Bahamas said that he regarded the Convention as the legal basis for cooperation on extradition matters on the basis of reciprocity with those Contracting States, alike have recognized it.

Contracting States which signed Convention on extradition, applied the Convention when this Convention on extradition with him are incompatible.

The Commonwealth of the Bahamas explains further, that the central authority in accordance with article 18 paragraph 13 of the Convention the Office of the Attorney General and pursuant to article 18 paragraph 14 for the Bahamas is accepted English language.

Bangladesh:

Reservation of rights:

Pursuant to the provision of article 35 paragraph 3 of the Convention not considered the people's Republic of Bangladesh is in paragraph 2 of this article tied.

Greece:

Reservations:

Article 16 of the Convention is ratified in full, without prejudice to the article 5 of the Constitution and article 438 of the code of criminal procedure.

Article 18 of the Convention has been ratified, without prejudice to article 458 § 3 of the code of criminal procedure and the provisions of the Act 2472/1997 (State Gazette 50A) "Protection of individuals with the processing of personal data", as currently in force.

The Greek State applies Article 35 paragraph 3 and explains that he tied considered himself of paragraph 2 of this article.

India:

Explanations: (i) the Indian Government may not on the provisions of the Convention and its protocols regarding the submission of disputes to arbitration or the International Court of Justice bound.

(ii) in accordance with article 16, paragraph 5 lit. a the Convention takes the Indian Government with other States party to the Convention the Convention as the legal basis for cooperation in the field of extradition.

(iii) the Government of the Republic of India declares with regard to article 18 of the Convention, that the current bilateral agreements should enable the international cooperation in the field of mutual legal assistance, and where the desired legal assistance through a bilateral agreement with the requesting State is covered, she should be provided on the basis of reciprocity in accordance with the provisions of the Convention.

(iv) in accordance with article 18 paragraph 13 of the agreement, the designated central authority is the Secretary General, Ministry of the Interior, Government of India.

(v) the Government of India stated that the acceptable languages for the purpose of the Convention and its protocols should be English or Hindi.

Indonesia:

Reservation of rights:

The Government of the Republic of Indonesia shares with its reservation, that they are not to the provision of article 35 (2) considered to be tied, and takes the position that disputes relating to the interpretation and application of the Convention, which were resolved, not through the channel provided for in paragraph 1 of that article can be referred to the International Court of Justice only with the consent of all parties.

Ireland:

Notification in accordance with article 18 paragraph 13 of the agreement:

Ireland par. 13 of the agreement informs pursuant to article 18 that the central authority with responsibility and power to receive requests for legal assistance for Ireland, is the following:

The Minister of Justice and law reform

Central Authority for mutual assistance

Department of Justice and law reform

51 St Stephen's Green

Dublin 2

Ireland

Notification in accordance with article 18 paragraph 14 of the Convention:

Ireland pursuant to article 18 paragraph 14 of the Convention stating that Ireland accepts requests for legal assistance in one of the following two languages: - English - Irish.

Iceland:

Declaration in accordance with article 18 paragraph 13 of the agreement:

In accordance with article 18, paragraph 13 of the agreement of the United Nations against the transnational organised crime of 15 November 2000, hereby calls Island the Ministry of Justice and human rights as a central authority with responsibility and power to receive requests for legal assistance and either perform or to communicate to the competent authorities to carry out. In accordance with article 18, paragraph 14 also explains island that requests for assistance must be made in Icelandic or English.

Yemen:

Reservation of rights:

The Government of the Republic of Yemen declares that she fully agrees with the aforementioned Convention and it ratified and to all of its provisions, with the exception of article 35 paragraph 2, tied considered.

Explanations: 1. the Republic of Yemen considers this Convention as a legal basis for cooperation with other States party to the Convention relating to extradition of offenders under article 16 relating to extradition, because extradition treaties is governed, governing the cooperation in this area with the Contracting States of the Convention. According to article 16, paragraph 5 lit. We will inform you in this sense a.

2. in accordance with article 18 paragraph 13 and 14, the Republic of Yemen calls the following: a. letters rogatory or any related messages should be transmitted through the diplomatic way and be forwarded to the competent central authorities.

b. Requests for assistance should be submitted in written form, in the Arabic language.

Luxembourg:

Notification in accordance with article 5 paragraph 3:

The domestic law of Luxembourg requires the involvement of an organized criminal group for the article 5, par. 1 lit. a (i) specified offences.

Notification in accordance with article 18 paragraph 13:

Following authority was appointed the central authority with responsibility and power to receive targeted assistance to the Grand Duchy of Luxembourg:

Office of the Attorney General

P.o. box 15

L-2010 Luxembourg

Notification in accordance with article 18 paragraph 14:

A French, German or English translation must be accompanied by letters rogatory addressed to the Grand Duchy of Luxembourg and additional documents.

Pakistan:

The Government of the Islamic Republic of Pakistan considered paragraph 2 of the Convention is to article 35 bound.

Explanations: Article 16: the Government of the Islamic Republic of Pakistan stated this not taking paragraph 5 of the Convention, in accordance with article 16 as the legal basis for cooperation on extradition with other States parties.

Article 18: In accordance with article 18 paragraph 13 calls the Government of the Islamic Republic of Pakistan the Ministry of Home Affairs as a central authority, to get all requests for assistance from other States party to the Convention. All such requests must be written in English or with an attached official translation in the English language.

Article 31: Pursuant to article 31 paragraph 6 appoints the Government of the Islamic Republic of Pakistan the following authority that other Contracting States can assist in the prevention of cross-border organised crime:

Ministry of Home Affairs

Address: R-Block, Pak Secretariat Islamabad

St. Vincent and the Grenadines:

In accordance with article 5 para. 3, art. 16 par. 5, article 18 paragraph 13, article 18 paragraph 14 and article 31 paragraph 6 are the Government of St. Vincent and the Grenadines the Secretary-General the following known:

Article 5 of the above-mentioned Convention is the criminalization of participation in an organized criminal group. Paragraph 3 requires the necessary legislation concerning serious crime, committed by an organized criminal group, to provide.

The definition of "serious offence" within the meaning of the Convention refers to any behavior that represents a criminal offence for which a penalty extent by a custodial sentence of at least four years or a more severe punishment is provided.


An "organized criminal group" is the Convention as a structured group of three or more persons defined by, which exists for a certain period of time or is in concert with the aim of committing one or more serious crimes in the Convention-commented or offense directly or indirectly a financial or other material benefit to achieve.

A "structured group" means a group that is not randomly formed for the immediate Commission of a crime and need not necessarily formally defined roles for its members, a permanent membership or a developed structure.

There are several offences under the Penal Code Chapter 124 of the law of Saint Vincent and the Grenadines. Revised version in 1990 about offences which are occupied by a penalty scale of four or more years. Some of them are corrupt (Police Act), theft charges (§ 215 Chapter 124), (Drogen(prävention) drug trafficking and abuse Act), blackmail (85-93), sexual abuse of children (199-207), prostitution (123-140), extortion (232), forgery and counterfeiting (239-260), acquisition of property by deception (223), acquisition of services by deception (225), betrayal (section 41), piracy (article 50), murder (article 159), genocide (article 158), abduction, kidnapping and similar crimes (§ 199-204), money laundering (proceeds of crime and money laundering (prevention) Act No. 39 of 2001) and terrorism (United Nations (anti-terrorism measures) Act No. 34 2002). The Penal Code does not handle the part of the definition regarding the crimes that are committed by an organised or structured group.

Article 16 par. 5 of the aforementioned Convention highlights the legal basis for extradition with States parties under this Convention. International law provides that the Contracting States of the Convention take the Convention as the legal basis for extradition between the Contracting States. The law about the fugitive offender, section 126 of the laws of Saint Vincent and the Grenadines, revised edition issued in 1990, creates a new provision for the return of St. Vincent and the Grenadines, or have been convicted for fretted on persons who are indicted due to one thing or of offences in other countries, and its return by such other countries is required and for the related questions.

Article 18 provides a notification about the central authority paragraph 13, which was intended for the purposes of mutual legal assistance. The central authority is "Attorney General's Chambers, Ministry of Legal Affairs, Methodist building, corner of Granby & Sharpe Streets, Kingstown, Saint Vincent and the Grenadines".

Article 18 paragraph 14 provides a notification concerning the language which is accepted by that Contracting State. English language.

Paragraph 6 of article 31 requires the name and the address of the authority or authorities that can help the States parties in developing measures to prevent transnational organized crime.

(1) the central authority is the same as above in article 18 paragraph 13.

(2) the financial intelligence unit, POBox 1826, third floor, Bonadie building, Kingstown, St. Vincent.

Syria:

The Syrian Arab Republic declared a reservation to art. 35 para. 2 of the Convention.

 

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

Irak1:

Notification in accordance with article 18 paragraph 13 of the agreement:

To perform the obligations imposed on the Republic of Iraq under the Convention, the competent Iraqi authorities appointed the Iraqi Ministry of Interior as a central authority with responsibility and power to receive requests for legal assistance and measures in accordance with articles 16 and 17 of the Convention and article 8 of the Protocol against the trafficking of migrants by land, sea and air.

Kirgisistan2:

Notification in accordance with article 18 paragraph 13:

The Office of the public prosecutor of the Kyrgyz Republic is either execute the central authority with responsibility and power to receive requests for assistance and they or to transmit them to the competent authorities to carry out.

Netherlands3: (Declaration of September 9, 2010) regarding article 16 paragraph 5 lit. a of the Convention against transnational organised crime, the Kingdom of the Netherlands for the Dutch Antilles explains that it takes this Convention as the legal basis for cooperation with other States party to this Convention on the delivery.

In accordance with article 18, paragraph 13 of the agreement the central authority of the Netherlands Antilles is the following:

The Attorney-General of the Netherlands Antilles

Wilhelminaplein 4,

Willemstad

Curacao

Netherlands Antilles

Notification in accordance with article 16 paragraph 5:

With regard to article 16, paragraph 5 lit. a Convention against transnational organized crime, signed at New York on 15 November 2000, the Kingdom of the Netherlands explained that it takes this Convention as the legal basis for cooperation with other States party to this Convention on the delivery.

Polen2:

Notification to article 31 paragraph 6:

National Public Prosecutor's Office; Office for organised crime

Address: ul... Barska 28/30

02-315 Warsaw, Poland

Serbien2:

The permanent representation of the Republic of Serbia has the honor of the Serbian authorities for the implementation of article 16 (extradition), art. 17 (transfer of convicted persons) and article 18 (mutual assistance) of the Convention to name a few.

Requests must be addressed to:

Name of the authority: Ministry of Justice of the Republic of Serbia

Postal address: Ministry of Justice, 22-26 company Street, 11000 Belgrade, Republic of Serbia.

Name of the Department to be contacted: normative Affairs and international cooperation Department, mutual legal assistance sector

Languages: English, Russian.

In urgent cases, the request may be transmitted by NCB INTERPOL Belgrade:

Contact: INTERPOL BELGRADE

Postal address: NCB INTERPOL Belgrade, Terazije 41, 11000 Belgrade, Serbia

Languages English, French

Acceptance of requests by INTERPOL: Yes.

Faymann