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Scope Of The International Convention For The Suppression Of The Financing Of Terrorism

Original Language Title: Geltungsbereich des Internationalen Übereinkommens zur Bekämpfung der Finanzierung des Terrorismus

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144. Presentation of the Federal Chancellor concerning the scope of the International Convention for the Suppression of the Financing of Terrorism

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Accession documents to the International Convention for the Suppression of the Financing of Terrorism (BGBl. III N ° 102/2002 idF BGBl. III n ° 103/2002, last proclamation of the BGBl area. III No 204/2005):

States:

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

Bahamas

1 November 2005

China (including SVR Hong Kong and Macao)

29 April 2006

Dominican Republic

4 September 2008

Djibouti

13 March 2006

Fiji

15 May 2008

Guinea-Bissau

19 September 2008

Guyana

12 September 2007

Indonesia

29 June 2006

Cambodia

12 December 2005

Cameroon

6 February 2006

Qatar

27 June 2008

Congo

20 April 2000

Laos People's Democratic Republic

29 September 2008

Malaysia

29 May 2007

Myanmar

16. August 2006

São Tomé and Príncipe

12 April 2006

Saudi Arabia

23. August 2007

Czech Republic

27 December 2005

Central African Republic

19 February 2008

Montenegro also declared its agreement with 3 June 2006 to continue to be bound by the Convention.

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:

According to Art. 2.2 of the Convention on the Suppression of the Financing of Terrorism, the Government of the Commonwealth of the Bahamas declares that it is not party to the one in point 5. up to 9. pursuant to the contracts listed in paragraph 1 (1). (a) the Annex to the Convention is and that these contracts are not listed in the Annex as set out in paragraph 1. a is to be considered. These contracts are:

-

Convention on the Physical Protection of Nuclear Materials, adopted on 3 March 1980 in Vienna.

-

Protocol to combat illegal acts of violence at airports serving international civil aviation, supplementing the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, decided in Montreal on 24 February 1988.

-

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted in Rome on 10 March 1988.

-

Protocol to combat unlawful acts against the security of fixed platforms located on the continental shelf, adopted in Rome on 10 March 1988.

-

International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.

China:

The People's Republic of China is not bound by Art. 24 (1) of the Convention.

According to Art. 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and Art. 138 of the Basic Law of the Special Administrative Region of Macao of the People's Republic of China, the Government of the People's Republic of China decides that the Convention to be applied to the Hong Kong Special Administrative Region and to the Macao Special Administrative Region of the People's Republic of China.

The reservation of the People's Republic of China to Article 24 (1) of the Convention shall be applied to the Hong Kong Special Administrative Region and to the Macao Special Administrative Region of the People's Republic of China.

In accordance with Article 7 (3) of the Convention, the People's Republic of China has established jurisdiction over the five offences referred to in Article 7 (2) of the Convention, but the jurisdiction of the Special Administrative Region of Hong Kong shall not be the jurisdiction of the People's Republic of China.

With regard to the Macao Special Administrative Region of the People's Republic of China, the following three Conventions shall not be included in the three Conventions referred to in Article 2 (1). a of the Convention shall be included in the Annex:

-

Convention on the Physical Protection of Nuclear Materials, adopted on 3 March 1980 in Vienna.

-

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted in Rome on 10 March 1988.

-

Protocol to combat unlawful acts against the security of fixed platforms located on the continental shelf, adopted in Rome on 10 March 1988.

Indonesia:

A. According to Art. 2 (2) lit. a of the Convention against the Financing of Terrorism, the Government of the Republic of Indonesia declares that the following contracts shall be deemed not to be in the in Art. 2 para. 1 lit. The Annex to the Convention is to be considered as follows:

-

Convention on the Prevention, Prosecution and Punishment of Crimes against Persons Protected by International Law, including Diplomats, adopted by the General Assembly of the United Nations on 14 December 1973.

-

International Convention against hostage-taking, adopted by the General Assembly of the United Nations on 17 December 1979.

-

Protocol to combat illegal acts of violence at airports serving international civil aviation, supplementing the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, decided in Montreal on 24 February 1988.

-

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, adopted in Rome on 10 March 1988.

-

Protocol to combat unlawful acts against the security of fixed platforms located on the continental shelf, adopted in Rome on 10 March 1988.

B. The Government of the Republic of Indonesia declares that Article 7 of the Convention on the Suppression of the Financing of Terrorism is to be implemented in strict accordance with the principles of sovereignty and territorial unity of States.

The Government of the Republic of Indonesia, as undersigned of the Convention for the Suppression of the Financing of Terrorism, does not consider itself bound by Article 24 and takes the view that disputes relating to the interpretation or Application of the Convention, which cannot be settled by way of paragraph 1 of that Article, can only be submitted to the International Court of Justice with the agreement of all parties to the dispute.

Qatar:

The State of Qatar declares a reservation on Article 24 (1) concerning the submission of disputes to an arbitral tribunal or to the International Court of Justice.

Malaysia:

1.

The Government of Malaysia states in accordance with Art. 2 para. 2 lit. a of the Convention that, in application of the Convention on Malaysia, the Convention does not contain the treaties listed in the Annex to the Convention, the Contracting Party of which is not Malaysia.

2.

According to Art. 7 (3) of the Convention, the Government of Malaysia declares that it shall have jurisdiction in accordance with the domestic laws on the offences referred to in Article 2 of the Convention in all the cases referred to in Article 7 (1) and Article 7 (2) of the Convention. Cases justified.

3.

The Government of Malaysia understands Article 10 (1) of the Convention to the effect that it includes the right of the competent authorities not to submit each individual case for prosecution to the judicial authorities, provided that the suspicious The perpetrator shall be moved in accordance with national security and security law.

4. (a) According to Article 24 (2) of the Convention, the Government of Malaysia declares that:

does not consider itself bound by Article 24 (1) of the Convention; and

b)

The Government of Malaysia reserves the right, in certain cases, to agree to the arbitration procedure under Article 24 (1) of the Convention or any other arbitration proceedings.

Myanmar:

With regard to Articles 13, 14 and 15 of the International Convention for the Suppression of the Financing of Terrorism, the Union of Myanmar reserves the right to extradit its own nationals.

With regard to Article 24 of the International Convention for the Suppression of the Financing of Terrorism, the Union states that it does not consider itself bound by Article 24 (1) of the said Convention.

With regard to the 9 Conventions referred to in the Annex to the International Convention for the Suppression of the Financing of Terrorism, the Union of Myanmar declares that it is now a party to the Convention on the Physical Protection of Nuclear material, adopted on 3 March 1980 in Vienna, will be.

Saudi Arabia:

The Kingdom of Saudi Arabia does not consider itself bound by Article 24 (1) of the Convention relating to the submission of disputes on the interpretation or application of this Convention to an arbitral tribunal, or its Submission to the International Court of Justice will be agreed by the Court of Arbitration.

The Convention on the Physical Protection of Nuclear Material is not included in the Annex to Article 2 (1) of the Annex to the Convention. a of the Convention.

The Kingdom of Saudi Arabia has decided to establish jurisdiction over all the offences referred to in Article 7 (2) of the Convention.

Czech Republic:

In accordance with Article 7 (3) of the Convention, the Czech Republic is aware that it has established jurisdiction over the offences referred to in Article 2 for all cases referred to in Article 7 (2) of the Convention.

According to other communications of the Secretary-General of the United Nations, the following states have their reservations or Statements withdrawn:

Belgium 1 :

On the 28th In 2008, the Government of Belgium informed the Secretary-General of the United Nations of its decision to withdraw the reservation on Art. 14 declared on the occasion of the ratification.

Estonia 1 :

On 30 March 2008, the Government of Estonia informed the Secretary-General of the United Nations of its decision to withdraw the declaration made at the time of ratification.

Gusenbauer