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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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111. 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 ° 96/2006)

States:

Date of deposit of the

Ratifications and/or Certificate of Accession:

Ethiopia

23 July 2007

Brunei Darussalam

25 March 2008

Germany

14. June 2006

Dominican Republic

26 October 2006

Georgia

5 September 2006

Guinea-Bissau

10 September 2007

Iraq

17 March 2008

Israel

27. December 2006

Italy

2 August 2006

Kazakhstan

31 July 2008

Qatar

10 March 2008

Cuba

9 February 2007

Liechtenstein

20 February 2008

Mongolia

27 June 2008

Mozambique

20 September 2006

Switzerland

27 October 2006

Singapore

28. August 2007

Sri Lanka

22 September 2006

Suriname

25 May 2007

Trinidad and Tobago

6 November 2007

Hungary

22 December 2006

United Arab Emirates

7 May 2007

United Republic of Tanzania

24 May 2006

Montenegro also has 23. On 3 June 2006, it declared that it would continue to comply with the Convention with effect from 3 June 2006.

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

Ethiopia:

Ethiopia is not bound by the obligation under Art. 35 (2) of the Convention.

Germany:

The German national law requires the existence of the law in accordance with Article 5 (1) lit. (a) the involvement of an organised criminal group.

The Federal Ministry of Justice, Adenauerallee 99-103, D-53113 Bonn, is designated as the central authority for the reception of requests for legal assistance.

A request for legal assistance in Germany must be written in German or a German translation must be attached to it.

In accordance with Article 31 (6) of the Convention, the Federal Criminal Police Office (Bundeskriminalamt), 65173 Wiesbaden is designated as the competent authority.

Israel:

According to Article 35 (3) of the Convention, the State of Israel declares that it shall not be bound by Article 35 (2), pursuant to which any dispute concerning the interpretation or application of the Convention shall be submitted to the International Court of Justice. .

Qatar:

Subject to Article 35 (2) on the submission of disputes between the International Arbitration Court or the International Court of Justice.

Cuba:

In accordance with Article 5 (3) of the Convention, Cuba states that its national law provides for the participation of an organized criminal group in accordance with paragraph 1 lit. a (i) of the said Article shall be regarded as an aggravating circumstance.

With regard to Article 16 (5) of the Convention, concerning the question as to whether Cuba is the legal basis for cooperation in the field of extradition with other States Parties with which Cuba extradits extradition treaties , Cuba shall apply the Convention in all cases in which those contracts are incompatible with it.

With regard to Article 18 (13), Cuba declares that the central authority which is responsible and empowered to receive requests for assistance and either to carry it out or to submit it to the competent authorities for execution, the Ministry of Justice of the Republic of Cuba.

In addition, requests for legal assistance must be sent to the central authority in accordance with Article 18 (14) in Spanish.

With regard to Art. 35 (3), Cuba states that it does not consider itself bound by paragraph 2 of the said Article concerning the settlement of disputes between two or more States Parties.

Mozambique:

After:

a.

Article 18 (13) stipulates that the Government of the Republic of Mozambique shall designate the Minister of Justice as the central authority responsible and empowered to receive requests for mutual assistance in order to communicate it to the competent authorities for the execution of such requests;

b.

Article 18 (14) provides that Portuguese or English are the languages acceptable to the Government of the Republic of Mozambique.

Switzerland:

The central authority designated by Switzerland in application of Article 18 (13) of this Convention for the reception of requests for legal assistance is the Federal Office of Justice, CH-3003 Bern.

In application of Article 18 (14) of this Convention, letters of mutual assistance and documents accompanying them shall be transmitted to the French, German or Italian documents together with a certified translation, unless they are incorporated into the is one of those languages.

Singapore:

1.

The Government of the Republic of Singapore states in accordance with Art. 16 (5) (lit). (a) of the said Convention that it does not provide for the Convention as a legal basis for cooperation in the field of extradition with other States Parties to the Convention.

2.

According to Article 18 (13) of the said Convention, the Government of the Republic of Singapore shall designate the Attorney General of Singapore as the central authority for the purposes of mutual legal assistance under Article 18 of the Convention.

3.

The Government of the Republic of Singapore declares, in accordance with Article 18 (14) of the said Convention, that requests and attached documents addressed to the central authority of Singapore shall be drafted in English or shall be accompanied by a Translation into the English language should be provided.

In accordance with Article 35 (3) of the Convention, the Government of the Republic of Singapore does not consider itself bound by Article 35 (2) of the Convention.

United Arab Emirates:

The United Arab Emirates declare that they ratify the Convention, with the proviso that they will not be binding on those States which have not ratified it, as regards the matters dealt with in it; and , this ratification does not result in the inclusion of any other type of relationship with those States.

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 :

The following central authority has been designated as the central authority in accordance with Article 18 (13) of the Convention:

International Legal Assistance Directorate (subdivision for international legal assistance)

Directorate General for Legal Affairs (Legal Affairs)

Ministry for Foreign Affairs, International Trade and Worship (Ministry of Foreign Affairs, International Trade and Church Affairs)

Esmeralda 1212, Piso 4 ° (C. P. 1007) Ciudad de Buenos Aires, República Argentina

Bolivia 2 :

With regard to the definitions and interpretations of Articles 5, 6, 8 and 23 of the Convention, the Republic of Bolivia declares that it shall, first and foremost, its existing national legislation and, in the second place, the said Convention will apply. The Republic of Bolivia declares that it does not consider itself bound by Article 35 (2), which deals with the settlement of disputes with regard to the Convention.

1.

According to Art. 16 (5) on the subject of extradition, the Republic of Bolivia declares that extradition by its national law, by the bilateral international treaties concluded with various States, and in addition by the Convention.

2.

In accordance with Article 18 (13) of the Convention, it also states that the Ministry of Foreign Affairs and Church Affairs shall be the central authority for the reception of the. Requests for legal assistance. The address of the Ministry is: Plaza Murillo, c. Ingavi esq. c. Junín, La Paz, Bolivia

3.

It also wishes to point out, pursuant to Article 18 (14) of the Convention, that all requests to the central authority should be made in writing and in Spanish.

China 1 :

1.

In the light of Article 5 (3) of the United Nations Convention against Transnational Organized Crime, in application of the criminal law of China, a person is committing a crime if he or she is a terrorist group or The organisation is a member of nature, which is a criminal organisation of its nature. The fulfilment of the facts does not require the commission of a particular criminal act. In the case of participation in other organised crime, the individual act shall be considered by the person concerned as an element fulfilling the offence in question.

2.

With regard to the question of Article 16 (5) of the Convention, whether Contracting Parties attach an extradition to the condition of the provision of an extradition treaty and that this Convention as the legal basis for cooperation in In the case of extradition issues, China may carry out cooperation with other States Parties on extradition issues on the basis of reciprocity, and shall not link extradition to the existence of an extradition treaty. In addition, the agreement could be the legal basis for China for cooperation with other contracting states on extradition issues.

3.

With regard to Article 31 (6) of the Convention, China has not yet designated an authority to assist other Parties in the development of measures to prevent cross-border crime.

Guatemala 1 :

Pursuant to Article 18 (13) of the said Convention, the Government of the Republic of Guatemala shall designate the judicial system and the Office of the Attorney General as the central authorities for the reception of requests for legal assistance with the power to: or to pass on to the competent authorities for their execution.

Monaco 1 :

According to Article 16 (5), the Principality of Monaco declares that it is the United Nations Convention against Transnational Organised Crime as the legal basis for cooperation in the field of extradition with others. States Parties to the said Convention provided that a two-way extradition agreement does not exist.

According to Article 18 (13), the Principality of Monaco declares that it shall determine the head of the supreme judicial authority, either for the execution of requests for legal assistance or for the transmission thereof to the competent authorities.

According to Art. 18 (14), the Principality of Monaco declares that French is the acceptable language.

According to Art. 31 (6), the Principality of Monaco declares that the head of the supreme judicial authority is the one who can assist the other States Parties.

Netherlands 1 :

The central authority of the Kingdom of the Netherlands is for the Kingdom of Europe:

Ministry of Justice (Ministry of Justice)

Department of International Legal Assistance in Criminal Matters (Department of International Mutual Assistance in Criminal Matters)

P.O. Box 20301 2500 EH The Hague/The Hague

Netherlands.

In accordance with Art. 18 (13) of the Convention, the central authority of Aruba is:

The Procurator-General of Aruba (Attorney General of Aruba)

Havenstraat 2 Oranjestad

Aruba

Panama 1 :

Pursuant to Article 18 (13) of the said Convention, the Government of the Republic of Panama shall designate the Attorney General as the central authority with responsibility for receiving requests for mutual assistance and for the execution of such requests or forwarding to the competent authorities.

Slovakia 1 :

The Ministry of Justice of the Slovak Republic is the competent authority in accordance with Art. 18 (13). In urgent cases, the request may be sent via the International Criminal Police Organization (Interpol).

Spain 1 :

The Government of Spain notified the Secretary-General that, pursuant to Article 18 (13), the central authority to receive requests for legal assistance is:

Subdirección General de Cooperación Jurídica Internacional (subdivision for international legal cooperation)

Ministerio de Justicia (Ministry of Justice), Madrid.

Gusenbauer