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. 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 ° 111/2008):

States:

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

Bahamas

26 September 2008

Bangladesh

13 July 2011

Greece

11. January 2011

Haiti

19 April 2011

India

5 May 2011

Indonesia

20 April 2009

Ireland

17 June 2010

Iceland

13 May 2010

Yemen

8 February 2010

Jordan

22 May 2009

Luxembourg

12 May 2008

Marshal Islands

15 June 2011

Pakistan

13. January 2010

San Marino

20 July 2010

Saint Vincent and the Grenadines

29 October 2010

Timor-Leste

9 November 2009

Chad

18. August 2009

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

Bahamas:

Reservation:

In accordance with Article 35 (3), the Commonwealth of the Bahamas lays down a reservation on the basis of the procedure laid down in Article 35 (2) of the Convention on the basis that a reference to a dispute concerning the application or the interpretation of the provisions of the Convention Convention shall be made to arbitration or to the International Court of Justice, in agreement with all parties to the dispute.

Explanations:

According to Art. 16 (5) lit. a declares the Commonwealth of the Bahamas that it considers the Convention as the legal basis for cooperation in extradition matters on the basis of reciprocity with those States Parties that have equally recognized it.

To States Parties with which extradition conventions have been signed, the Convention shall be applied if these extradition conventions are incompatible with it.

Furthermore, the Commonwealth of the Bahamas declares that the central authority is English, in accordance with Article 18 (13) of the Convention, the Office of the Attorney General and the language accepted in accordance with Article 18 (14) for the Bahamas.

Bangladesh:

Reservation:

In accordance with the provisions of Article 35 (3) of the Convention, the People's Republic of Bangladesh does not consider itself bound by paragraph 2 of this Article.

Greece:

Reservations:

Article 16 of the Convention has been fully ratified, without prejudice to Article 5 of the Constitution and Article 438 of the Code of Criminal Procedure.

Article 18 of the Convention is ratified, without prejudice to Article 458 (3) of the Code of Criminal Procedure and to the provisions of Law 2472/1997 (State Gazette 50A) "Protection of the person in the processing of personal data", as currently in force.

The Greek State applies Article 35 (3) and declares that it does not consider itself bound by paragraph 2 of this Article.

India:

Explanations:

(i)

The Indian Government does not consider itself bound by the provisions of the Convention and its protocols relating to the submission of disputes, to arbitration proceedings or to the International Court of Justice.

(ii)

According to Art. 16 (5) lit. In the Convention, the Indian Government takes the Convention as the legal basis for cooperation in the field of extradition with other States Parties to the Convention.

(iii)

The Government of the Republic of India declares, in relation to Article 18 of the Convention, that international cooperation in the field of mutual legal assistance should be made possible by the existing bilateral agreements, and where the appropriate legal assistance is is not covered by a bilateral agreement with the requesting State, it is to be made available on the basis of reciprocity under the provisions of the Convention.

(iv)

According to Article 18 (13) of the Convention, the designated central authority is the Secretary-General, the Ministry of the Interior, and the Indian Government.

(v)

The Indian government declares that the permissible languages should be English and/or Hindi for the purpose of the Convention and its protocols.

Indonesia:

Reservation:

The Government of the Republic of Indonesia shares its reservation that it is not bound by the provision of Article 35 (2) and takes the view that disputes relating to the interpretation and application of the The Convention, which has not been settled by the way provided for in paragraph 1 of that Article, can only be referred to the International Court of Justice with the consent of all parties to the dispute.

Ireland:

Notification under Art. 18 (13) of the Convention:

Ireland shares, in accordance with Article 18 (13) of the Convention, that the central authority with competence and authority to receive requests for legal assistance to Ireland is as follows:

The Minister of Justice and Law Reform

Central Authority for Mutual Assistance

Department of Justice and Law Reform

51 St Stephans Green

Dublin 2

Ireland

Notification under Art. 18 (14) of the Convention:

Ireland, in accordance with Article 18 (14) of the Convention, states that Ireland shall accept requests for mutual assistance in one of the following two languages:

-

English,

-

Irish.

Iceland:

Declaration pursuant to Art. 18 (13) of the Convention:

In accordance with Article 18 (13) of the United Nations Convention against Transnational Organized Crime of 15 November 2000, Iceland hereby designated the Ministry of Justice and Human Rights as the central authority with responsibility and Power to receive requests for mutual assistance and to either carry out or forward them to the competent authorities for the execution of the request. In accordance with Article 18 (14), Iceland also declares that requests for legal assistance must be made in Icelandic or English.

Yemen:

Reservation:

The Government of the Republic of Yemen declares that it fully agrees with and ratified the above-mentioned Convention and is bound by all its provisions, with the exception of Article 35 (2).

Explanations:

1.

The Republic of Yemen does not consider this Convention to be a legal basis for cooperation with other States Parties to the Convention on the extradition of offenders pursuant to Art. 16 concerning extradition, since the extradition through contracts , which shall govern cooperation in this field with the States Parties to the Convention. According to Art. 16 (5) lit. We therefore inform them in this regard.

2.

In accordance with Article 18 (13) and (14), the Republic of Yemen is calling for:

a.

Requests for legal assistance, or any communications in this regard, should be sent through diplomatic means and forwarded to the relevant central authorities.

b.

Requests for legal assistance are to be made in written form, in Arabic.

Luxembourg:

Notification pursuant to Art. 5 (3):

The national law of Luxembourg requires the participation of an organized criminal group for the in Art. 5 para. 1 lit. a (i) criminal offences.

Notification pursuant to Art. 18 (13):

The following authority has been designated as a central authority with competence and authority to receive requests for mutual legal assistance addressed to the Grand Duchy of Luxembourg:

Office of the Attorney General

Postfach 15

L-2010 Luxembourg

Notification pursuant to Art. 18 (14):

Requests for legal assistance and additional documents addressed to the Grand Duchy of Luxembourg must be accompanied by a French, German or English translation.

Pakistan:

The Government of the Islamic Republic of Pakistan does not consider itself bound by Art. 35 (2) of the Convention.

Explanations:

Art. 16:

The Government of the Islamic Republic of Pakistan declares that, pursuant to Article 16 (5) of the Convention, it does not take this as a legal basis for cooperation in extradition with other States Parties.

Art. 18:

Pursuant to Article 18 (13), the Government of the Islamic Republic of Pakistan shall designate the Ministry of Home Affairs as the central authority in order to obtain all requests for mutual assistance from other States Parties to the Convention. All such requests shall be written in English or shall be translated into the English language with an attached official translation.

Art. 31:

In accordance with Article 31 (6), the Government of the Islamic Republic of Pakistan shall appoint the following authority, which may assist other States Parties in the prevention of transnational organized crime:

Ministry of the Interior

Address: R-Block, Pak Secretariat Islamabad

Saint Vincent and the Grenadines:

Pursuant to Article 5 (3), Art. 16 (5), Article 18 (13), Article 18 (14) and Article 31 (6), the Government of St Vincent and the Grenadines shall disclose to the Secretary-General:

Article 5 of the above Convention is about the criminalisation of participation in an organised criminal group. Paragraph 3 requires the necessary legislation on serious crimes committed by an organised criminal group.

The definition of 'serious crime' within the meaning of the Convention refers to any conduct which constitutes a criminal offence for which a sentence of imprisonment of at least four years or an even more severe punishment is punishable by imprisonment. is provided.

An "organized criminal group" is defined by the Convention as a structured group of three or more persons, which exists for a certain period of time, or in common agreement with the aim of committing one or more persons. in the case of serious crimes or offences provided for in the Convention, in order to obtain, directly or indirectly, a financial or other material advantage.

A "structured group" means a group which is not randomly formed for the immediate commission of a crime, and which does not necessarily have formally defined roles for its members, permanent membership or a has developed structure.

There are several offenses under the Criminal Code Chapter 124 of the Law of Saint Vincent and the Grenadines. Revised version of 1990 on offences punishable by a penalty of four or more years. Some of them are bribery (police law), theft on charges (§ 215 chapter 124), drug trafficking (drugs (prevention) and abuse law), extortion (85-93), sexual abuse of children (199-207), prostitution (123-140), extortion (232), Falsification and counterfeit coins (239-260), acquisition of property by deception (223), acquisition of services by deception (225), betrayal (§ 41), piracy (§ 50), murder (§ 159), genocide (§ 158), abduction, human robbery and similar crimes (§ 199-204), Money laundering (proceeds of crime and money laundering (Prevention) Law) No 39 of 2001) and terrorism (United Nations (Anti-Terrorism) Act) Law No 34 of 2002). The penal code does not cover the definition of the crimes committed by an organized or structured group.

Article 16 (5) of the above Convention highlights the legal basis for extradition by States Parties under this Convention. International law makes it possible for States parties to the Convention to take the Convention as the legal basis for extradition between States Parties. The Law on the Volatile Perpetrator, Chapter 126 of the laws of Saint Vincent and the Grenadines, revised edition of 1990, creates a new provision for the realignment of Saint Vincent and the Grenadines or for the resignation of the Persons who have been charged for one cause or who have been convicted of criminal offences in other countries, and whose remission is required by such other countries, and for the issues connected with it.

Article 18 (13) provides for notification of the central authority which has been designated for the purposes of legal assistance. The central authority is "Attorney General's Chambers, Ministry of Legal Affairs, Methodist Building, Corner Granby & Sharpe Streets, Kingstown, Saint Vincent and the Grenadines".

Article 18 (14) provides for a notification concerning the language approved by that State Party. English language.

Article 31 (6) requires the name and address of the authority or authorities which may assist States Parties in the development of measures for the prevention of transnational organized crime.

(1)

The central authority is the same as mentioned above in Article 18 (13).

(2)

The Financial Intelligence Unit, POBox 1826, Third Floor, Bonadie Building, Kingstown, St. Vincent.

Syria:

The Syrian Arab Republic declares a reservation on the basis of Article 35 (2) of 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:

Iraq 1 :

Notification under Art. 18 (13) of the Convention:

In order to implement the obligations imposed on the Republic of Iraq under the Convention, the Iraqi authorities designated the Iraqi Ministry of the Interior as a central authority with competence and authority, requests for judicial assistance , and to take measures pursuant to Articles 16 and 17 of the Convention and Article 8 of the Protocol against the Swing of Migrants by Land, Sea and Air.

Kyrgyzstan 2 :

Notification pursuant to Art. 18 (13):

The Office of the Prosecutor General of the Kyrgyz Republic is the central authority with competence and authority to accept requests for assistance and either to execute them or to forward them to the competent authorities for execution.

Netherlands 3 :

(Statement of 9 September 2010)

With regard to Art. 16 (5) lit. (a) The Kingdom of the Netherlands declares for the Netherlands Antilles that it is the legal basis for cooperation with other States Parties to the Convention against Transnational Organized Crime of this Convention when it is extradited.

According to Article 18 (13) of the Convention, the central authority of the Netherlands Antilles is the following:

The General Prosecutor of the Netherlands Antilles

Wilhelminaplein 4,

Willemstad

Curaçao

Netherlands Antilles

Notification pursuant to Art. 16 (5):

With regard to Art. 16 (5) lit. a of the Convention against Transnational Organized Crime, signed in New York on 15 November 2000, the Kingdom of the Netherlands declares that it is a legal basis for cooperation with others States Parties to this Convention shall be extradited.

Poland 2 :

Notification on Art. 31 (6):

National Public Prosecutor; Office for Organised Crime

Address: ul .. Barska 28/30

02-315 Warsaw, Poland

Serbia 2 :

The Permanent Representation of the Republic of Serbia has the honour to name the competent Serbian authorities for the implementation of Art. 16 (extradition), Art.17 (transfer of convicted persons) and Art. 18 (legal assistance) of the Convention.

The applications should be addressed to:

Authority name: Ministry of Justice of the Republic of Serbia

Full postal address: Ministry of Justice, 22-26 Nemanjina Street, 11000 Belgrade, Republic of Serbia.

Name of Service to be contacted: Normative Affairs and International Cooperation Department, Mutual Legal Assistance Sector

Languages: English, Russian.

In urgent cases, the requests may be forwarded by NCB INTERPOL-Belgrade:

Contact: INTERPOL BELGRADE

Full postal address: NZB INTERPOL BELGRAD, Terazije 41, 11000 Belgrade, Republic of Serbia

Languages English, French

Adoption of the requests by INTERPOL: YES.

Faymann