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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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96. Revelation of the Federal Chancellor concerning the scope of the United Nations Convention against Transnational Organized 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):

States:

Date of deposit of the

Ratifications and/or Certificate of Accession:

Bolivia

10 October 2005

Cambodia

12 December 2005

Cameroon

6 February 2006

Kiribati

15 September 2005

Democratic Republic of Congo

28 October 2005

Kuwait

12 May 2006

Lebanon

5 October 2005

Madagascar

15 September 2005

Mauritania

22 July 2005

Moldova

16 September 2005

Oman

13 May 2005

São Tomé and Príncipe

12 April 2006

Vanuatu

4. January 2006

United Kingdom

9 February 2006

United States

3 November 2005

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

Kiribati:

Pursuant to Article 18 (13) of the Convention, the Prosecutor General of the Republic of Kiribati is designated as the central authority for the reception of requests for legal assistance.

In accordance with Article 18 (14) of the Convention, the Republic of Kiribati recognises English as a language for requests for mutual assistance.

Moldova:

Pursuant to Article 35 of the Convention, the Republic of Moldova does not consider that it is bound by Article 35 (2) of the Convention.

Pending the full production of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall only be applied in the territory controlled by the authorities of the Republic of Moldova.

According to Art. 16 (5) lit. a of the Convention, the Republic of Moldova considers the Convention as the legal basis for the extradition of its own nationals as well as persons granted asylum in the country, in accordance with national law.

In accordance with Article 18 (13) of the Convention, the Republic of Moldova shall designate the following central authorities for the reception of requests for mutual assistance:

-

Office of the Attorney General-during the preliminary investigation

-

Ministry of Justice (during the criminal trial or the execution of the sentence)

In accordance with Article 18 (14) of the Convention, recognised languages for requests for legal assistance and attached documents are: Moldovan, English or Russian.

United States:

1.

The United States of America reserves the right to comply with the obligations arising from the Convention in a manner consistent with the principles of federalism, with both the federal criminal law and the the criminal law of the individual states in relation to the conduct referred to in the Convention must be considered. The federal criminal law of the United States, which regulates conduct with effect on domestic or foreign trade or another federal interest, is considered within the United States as the main legal instrument against the organized crime and is very effective for this purpose. Federal criminal law is not applicable in the rare case where such criminal conduct does not affect the areas of domestic or foreign trade or any other national interest. There are a small number of conceivable situations concerning criminal offences with a purely local aspect, for which the federal and national criminal law are not entirely sufficient to fulfil the obligations arising from this Protocol. , Therefore, the United States of America is declaring a reservation to the obligations set out in the Convention with regard to behaviour which falls within such a narrow group of locally concentrated operations. This reservation shall in no way affect the willingness of the United States to provide international assistance to other States Parties, as envisaged by the Convention.

2.

The United States of America reserves the right to retain a part of the obligation under Article 15 (1) (1). (b) do not comply with the offences set out in the Convention. The United States does not provide full jurisdiction over criminal offences committed on board ships flying their flag or on an aircraft registered under the law of the United States. Nevertheless, the law of the United States, in a number of cases, provides for jurisdiction for such offences committed on board ships flying the flag of the United States or on board aircraft which are under the law of the United States. United States. In this sense, the United States is para. 1 lit. (b) implement the Convention to the extent provided for by federal law.

3.

Under Article 35 (3), the United States of America states that it is not bound by the obligation laid down in Article 35 (2).

In accordance with Article 5 (3) of the Convention, I have the honour to inform you that criminal liability in the sense of the law of the United States with regard to the provisions of Article 5 (1) (1) (1) (1) (1) (1) ( (i) to justify the commission of an execution act within the meaning of the Convention in general.

Pursuant to Art. 16 (5) of the Convention, I have the honour to inform you that the United States of America will not apply Article 16 (4).

In accordance with Art. 18 (13) of the Convention, I have the honour to inform you that the Office of International Affairs of the Department of Justice of the United States, Section for Criminal Matters, of the United States of America as the central authority for requests for legal assistance under this Convention.

In accordance with Article 18 (14) of the Convention, I have the honour to inform you that requests for legal assistance within the meaning of this Convention should be held in English or accompanied by a translation into the English language.

In accordance with Article 31 (6) of the Convention, I have the honour to inform you that requests for assistance in the preparation of measures for the prevention of transnational organised crime to the Department of Justice of the United Kingdom States of America, Office for Justice Programmes, National Institute of Justice should be led.

According to other communications of the Secretary-General of the United Nations, the following other states have made statements pursuant to Art. 18 (3) and 18 (4):

Brazil:

The Government of Brazil has designated the Ministry of Justice as the central authority for legal assistance matters, in accordance with Article 18 (13) of the United Nations Convention against Transnational Organized Crime (Palermo Convention).

All international requests for legal assistance within the meaning of the Palermo Convention should be forwarded in Portuguese or English to the following central authorities:

International legal assistance:

Department of Asset Recovery and International Legal Cooperation (DRCI)

SCN-Block 1-Building A-Office 101

Zip Code: 70711-900

Extradition and transfer of convicted offenders:

Department of Foreigners (DEEST)

Esplanade of Ministries-Ministry of Justice-Building T-Annex II

3rd Floor-Office 305

Zip Code: 70064-900

China:

In accordance with Article 18 (13) of the United Nations Convention against Transnational Organized Crime, the Ministry of Justice and the Ministry of Public Security of the People's Republic of China are designated as the central authorities, which are authorised and responsible for receiving requests for mutual assistance. Address of the Ministry of Justice: 10 Chaoyangmen Nandjie, Chaoyang District, Beijing, China, 100020; Address of the Ministry of Public Security: 14 Dong Chang'anjie, Dongcheng District, Beijing, China, 100741.

In accordance with Article 18 (14) of the Convention, Chinese is the only language to be recognised by the People's Republic of China for written requests for mutual assistance.

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