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67 OF 1993
(August 23)
Official Journal No. 41.003 of 24 August 1993.
By means of which the "United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances" is approved, signed in Vienna on 20 December 1988.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the " United Nations Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, "
subscribed in Vienna on December 20, 1988, which to the letter reads:
UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFICKING
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE.
Adopted by the Conference at its Sixth Plenary Session, held on December 19, 1988
The Parties to this Convention,
Deeply concerned about the scale and growing trend of the illicit production, demand and trafficking of narcotic drugs and psychotropic substances, which pose a serious threat to the health and welfare of human beings and undermine the economic, cultural and political foundations of society.
Deeply concerned by the sustained and growing penetration of illicit drug trafficking and psychotropic substances in the various social groups and, in particular, by the use of children in many parts of the world as a consumer market and as instruments for the illicit production, distribution and trade of narcotic drugs and psychotropic substances, which poses an incalculable danger,
Recognizing the links between illicit trafficking and other organized criminal activities related to it, which undermine lawful economies and threaten the stability, security and sovereignty of states,
Acknowledging that illicit trafficking is an international criminal activity whose suppression requires urgent attention and the highest priority,
Aware that illicit trafficking generates considerable financial returns and large fortunes that allow transnational criminal organizations to invade, pollute and corrupt public administration structures, legal and commercial activities and society at all levels,
Determined to deprive persons engaged in illicit trafficking of the proceeds of their criminal activities and thereby eliminate their principal incentive for such activity,
Eager to eliminate the root causes of the problem of the misuse of narcotic drugs and psychotropic substances, including the illicit demand for such drugs and substances and the huge profits from illicit trafficking,
Whereas control measures are necessary with regard to certain substances, such as precursors, chemicals and solvents, which are used in the manufacture of narcotic drugs and psychotropic substances, and which, by reason of the with which they are achieved, have led to an increase in the clandestine manufacture of these drugs and substances,
Determined to improve international cooperation for the suppression of illicit trafficking by sea,
Acknowledging that the eradication of illicit trafficking is the collective responsibility of all States and that, to that end, coordinated action is necessary in the framework of international cooperation,
Recognising the competence of the United Nations in the field of the control of narcotic drugs and psychotropic substances and wishing that the international bodies involved in this audit act within the framework of the United Nations United,
Reaffirming the guiding principles of the existing treaties on the control of narcotic drugs and psychotropic substances and the system of control they establish,
Recognizing the need to strengthen and supplement the measures provided for in the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol to the Amendment of the 1961 Single Convention on Narcotic Narcotic drugs and the 1971 Convention on Psychotropic Substances, in order to deal with the magnitude and spread of illicit trafficking and its serious consequences,
Recognizing also the importance of strengthening and intensifying effective legal means of international cooperation in criminal matters to suppress international criminal activities of illicit trafficking,
Eager to conclude an International Convention that is a comprehensive, effective and operational instrument, specifically directed against illicit trafficking, in which the various aspects of the problem as a whole are taken into account, in particular those not provided for in the treaties in force in the field of narcotic drugs and psychotropic substances,
The following are:
Unless otherwise stated, or if the context makes another interpretation necessary, the following definitions shall apply throughout the text of this Convention:
(a) By "Junta" means the International Narcotics Control Board established by the 1961 Single Convention on Narcotic Drugs and in that Convention as amended by the 1972 Protocol of Amendment to the Single Convention of 1961 on Narcotic Drugs;
b) "Cannabis plant" means any plant of the genus Cannabis;
c) By "coca bush" means the plant of any species of the genus Erythroxylon;
(d) "commercial carrier" means a person or a public, private or other entity engaged in the carriage of persons, goods or mail for consideration;
e) "Commission" means the United Nations Economic and Social Council's Commission on Narcotic Drugs;
(f) "forfeiture" means deprivation of a final nature by a decision of a court or other competent authority;
(g) "supervised delivery" means the technique of allowing illicit or suspected consignments of narcotic drugs, psychotropic substances, substances listed in Table I or Table II to be annexed to this Convention or substances by those who have replaced the above, leave the territory of one or more countries, pass through or enter the territory, with the knowledge and under the supervision of their competent authorities, in order to identify the persons involved in the commission of offences established in accordance with paragraph 1 of article 3 of this Convention;
h) By "1961 Convention" means the 1961 Single Convention on Narcotic Drugs;
i) By "1961 Convention as amended" means the 1961 Single Convention on Narcotic Drugs as amended by the 1972 Protocol to the Amendment of the 1961 Single Convention on Narcotic Drugs;
j) "1971 Convention" means the Convention on Socotropic Substances of 1971;
k) By "Council" means the United Nations Economic and Social Council;
(l) "preventive seizure" or "seizure" means a temporary prohibition to transfer, convert, dispose or move goods, or temporary custody or control of goods by a court or a competent authority;
m) For "illicit trafficking" means the offences set out in paragraphs 1 and 2 of Article 3 of this Convention;
n) "Narcotic" means any of the substances, natural or synthetic, listed in List I or Schedule II of the 1961 Single Convention on Narcotic Drugs and in that Convention as amended by the 1972 Protocol of Amendment of the 1961 Single Convention on Narcotic Drugs;
o) By "poppy" means the plant of the species Papover somniferum;
p) By "product" means assets obtained or derived directly or indirectly from the commission of a crime typified in accordance with paragraph 1 of Article 3;
q) For "goods" means assets of any kind, body or incorporated, movable or rooted, tangible or intangible, and documents or legal instruments that credit the property or other rights to such assets;
r) For "psychotropic substances" means any substance, natural or synthetic, or any natural material listed in Lists I, II, III, or IV of the 1971 Convention on Psychotropic Substances;
s) By "Secretary-General" means the Secretary-General of the United Nations;
t) By "Table I" and "Table II" means the list of substances that are annexed to this Convention, as amended in a timely manner in accordance with Article 12;
u) By "State of transit" means the State through whose territory narcotic drugs, psychotropic substances and substances appearing in Table I and Table II are made illegal, and that is not the point of provenance or the definitive destination of those substances;
ARTICLE 2o. SCOPE OF THIS CONVENTION.
1. The purpose of this Convention is to promote cooperation between the Parties so that they can deal more effectively with the various aspects of illicit trafficking in narcotic drugs and psychotropic substances that have a " In the fulfilment of their obligations under this Convention, the Parties shall take the necessary measures, including those of a legislative and administrative nature, in accordance with the fundamental provisions of their respective internal legal systems.
2. The Parties shall fulfil their obligations under this Convention in a manner consistent with the principles of sovereign equality and the territorial integrity of States and non-interference in the internal affairs of other States.
3. A Party shall not exercise in the territory of another Party any powers or functions that have been reserved exclusively to the authorities of that other Party for its domestic law.
ARTICLE 3o. CRIMES AND PENALTIES.
1. Each Party shall take such measures as are necessary to criminalise criminal offences in their domestic law where they are intentionally committed:
(a) i) Production, manufacture, extraction, preparation, supply, offer for sale, distribution, sale, delivery in any conditions, brokering, shipping, shipping, transportation, import or export of any narcotic or psychotropic substance contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention;
ii) The cultivation of opium poppy, the coca bush or the cannabis plant in order to produce narcotic drugs contrary to the provisions of the 1961 Convention and the 1961 Convention as amended;
(iii) the possession or acquisition of any narcotic or psychotropic substance for the purpose of carrying out any of the activities listed in paragraph (i)
(iv) The manufacture, transport or distribution of equipment, materials or substances listed in Table I and Table II, in the knowledge that they are to be used in the illicit cultivation, production or manufacture of narcotic drugs or Psychotropic substances or for such purposes;
v) The organisation, management or financing of any of the offences listed in paragraphs (i), (ii), (iii) or (iv)
(b) (i) the conversion or transfer of goods in the knowledge that such property is derived from one or more of the offences established in accordance with subparagraph (a) of this paragraph, or from an act of participation in such offence or offences; the purpose of concealing or covering up the illicit origin of the goods or of assisting any person involved in the commission of such offence or offences to circumvent the legal consequences of their actions;
(ii) The concealment or cover-up of the nature, origin, location, destination, movement or property of property, or of rights relating to such goods, knowing that they come from some or some of the offences made in accordance with point (a) of this paragraph or an act of participation in such offence or offences;
c) Subject to its constitutional principles and the fundamental concepts of its legal order:
(i) The acquisition, possession or use of property, knowingly, at the time of receipt, that such property is derived from one or more of the offences established in accordance with paragraph (a) of this paragraph or from an act of participation in such crime or crimes;
(ii) the possession of equipment or materials or substances listed in Table I and Table II, in the knowledge that they are used or are to be used in the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances; or for such purposes:
(iii) Instigar or publicly induce others, by any means, to commit any of the offences established in accordance with this Article or to use illicit narcotic drugs or psychotropic substances.
(iv) The participation in the commission of any of the offences established in accordance with the provisions of this Article, the association and the conspiracy to commit them, the attempt to commit them, and the assistance, the incitement, the facilitation or advice in relation to its committee.
2. Subject to its constitutional principles and to the fundamental concepts of its legal system, each Party shall take the necessary measures to criminalise criminal offences under its domestic law, when committed intentionally, the possession, acquisition or cultivation of narcotic drugs or psychotropic substances for personal consumption contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.
3. The knowledge, intention or purpose required as elements of any of the offences set out in paragraph 1 of this Article may be inferred from the objective circumstances of the case.
4. (a) Each Party shall provide that penalties provided for the seriousness of such offences, such as the imprisonment or other forms of imprisonment, shall be applied by the commission of offences established in accordance with paragraph 1 of this Article. deprivation of liberty, pecuniary sanctions and confiscation.
(b) The Parties may provide, in cases of offences established in accordance with paragraph 1 of this Article, that, as a supplement to the guilty plea or conviction, the offender is subject to treatment measures, education, post-treatment, rehabilitation or social reintegration.
c) By way of derogation from the foregoing, in appropriate cases of minor offences, the Parties may replace the guilty plea or the conviction for the application of other measures such as those of education, rehabilitation or social reintegration, as well as, where the offender is a drug addict, treatment and post-treatment.
(d) The parties may, either as a substitute for the declaration of guilt or the conviction for a crime established in accordance with paragraph 2 of this Article or as a supplement to that declaration of guilt or (a) to provide for treatment, education, post-treatment, rehabilitation or social reintegration of the offender.
5. The Parties shall have the necessary powers to enable their courts and other competent courts to take account of the circumstances in which they give particular seriousness to the commission of offences established in accordance with the Treaty. paragraph 1 of this Article, such as:
a) Participation in the crime of an organized criminal group of which the offender is a party;
b) The involvement of the offender in other organized international criminal activities;
(c) The involvement of the offender in other illicit activities the execution of which is facilitated by the commission of the offence;
d) The use of violence or the use of weapons by the offender;
e) The fact that the offender holds a public office and that the crime is related to that charge;
f) Victimization or use of minors;
g) The fact that the crime has been committed in prison facilities, in an educational institution or in a care facility or in its immediate vicinity or in other places to which schoolchildren and students attend to carry out activities educational, sports and social;
(h) A previous guilty plea, in particular for similar offences, by foreign courts or by the country itself, in so far as the domestic law of each Party so permits.
6. The Parties shall endeavour to ensure that any discretionary legal powers, in accordance with their domestic law, relating to the prosecution of persons for offences established in accordance with the provisions of this Article, shall be exercise to give maximum effectiveness to the measures of detection and repression in respect of such offences, taking due account of the need to exercise a deterrent effect as regards the commission of such offences.
7. The Parties shall ensure that their courts or other competent authorities take into account the seriousness of the offences listed in paragraph 1 of this Article and the circumstances listed in paragraph 5 of this Article when considering the the possibility of granting early release or parole to persons who have been found guilty of any of those offences.
8. Each Party shall, where appropriate, establish in its domestic law an extended period of limitation within which processing may be initiated for any of the offences established in accordance with paragraph 1 of this Article. Article. This time limit will be greater when the alleged offender has eluded the administration of justice.
9. Each Party shall take appropriate action, as provided for in its own legal order, to ensure that the person who has been charged or convicted of any of the offences established in accordance with paragraph 1 of this Article Article, which is located in the territory of that Party, appears in the corresponding criminal proceedings.
10. For the purposes of cooperation between the Parties provided for in this Convention, in particular the cooperation provided for in Articles 5, 6, 7 and 9, offences established in accordance with this Article shall not be considered as tax offences or as political offences or as politically motivated offences, without prejudice to the limitations the constitutional and fundamental principles of the internal law of the Parties.
11. None of the provisions of this Article shall affect the principle that the criminalisation of the offences referred to or of the exceptions which are alleged in relation to these offences is reserved for the parties ' internal law and that these offences are not have to be prosecuted and sanctioned with arrangements as provided for in that right.
1. Each Party shall:
(a) Adopt any measures that are necessary to declare jurisdiction in respect of the offences that you have established in accordance with paragraph 1 of Article 3:
i) When the crime is committed on its territory;
(ii) When the offence is committed on board a ship flying its flag or an aircraft registered under its law at the time of committing the offence;
(b) You may take the necessary measures to declare that you have jurisdiction in respect of the offences you have established in accordance with paragraph 1 of Article 3:
(i) Where the offence is committed by a national of his or her own habitual residence on its territory;
(ii) Where the offence is committed on board a ship for which the seizure of that Party has previously received authorisation as provided for in Article 17, provided that such jurisdiction is exercised only on the basis of the arrangements or arrangements referred to in paragraphs 4 and 9 of that Article;
(iii) Where the offence is one of the offences referred to in paragraph 1 (c) (iv) of paragraph 1 of Article 3 and is committed outside its territory for the purpose of perpetrating one of the offences typified in accordance with paragraph 1 of article 3.
2. Each Party shall:
a) Adopt also measures that are necessary to declare jurisdiction with respect to the crimes that you have established in accordance with paragraph 1 of Article 3, when the present offender is present. on its territory and that Party does not extradite it to another on the basis that:
(i) The offence has been committed on its territory or on board a ship flying its flag or an aircraft registered under its law at the time of committing the offence; or
ii) The offence has been committed by a national of his;
(b) You may also take the necessary measures to declare that you have jurisdiction in respect of the offences you have established in accordance with paragraph 1 of Article 3, where the alleged offender is (a) find in its territory and that Party does not extradite it to another.
3. This Convention does not preclude the exercise of criminal jurisdiction established by a Party in accordance with its domestic law.
1. Each Party shall take the necessary measures to authorise the confiscation:
(a) The product derived from offences typified in accordance with paragraph 1 of Article 3, or goods whose value is equivalent to that of that product;
(b) Narcotic drugs and psychotropic substances, materials and equipment or other instruments used or intended to be used in any manner to commit the offences established in accordance with paragraph 1 of Article 3.
2. Each Party shall also take the necessary measures to enable its competent authorities to identify, detect and freeze the product, goods, instruments or other items of the product, as well as any other elements referred to in paragraph 1 of this Article, with a view to their possible confiscation.
3. In order to implement the measures referred to in this Article, each Party shall empower its courts or other competent authorities to order the filing or seizure of bank, financial or commercial documents. The Parties shall not refuse to apply the provisions of this paragraph by standing in the way of banking secrecy.
4. (a) A request made pursuant to this Article shall be received by another Party which is competent in respect of a crime established in accordance with paragraph 1 of Article 3, the Party on whose territory the find the product, goods, instruments or any other of the elements referred to in paragraph 1 of this Article:
i) Submit the application to its competent authorities in order to obtain a confiscation order to which, if granted, it shall comply; or
(ii) to submit to its competent authorities, in order to be satisfied with the measure requested, the confiscation order issued by the requesting Party in accordance with paragraph 1 of this Article in respect of the the goods, the instruments or any other elements referred to in paragraph 1 which are in the territory of the requested Party.
b) Upon receipt of a request made pursuant to this Article by another Party that is competent in respect of a criminal offence in accordance with paragraph 1 of Article 3, the requested Party adopt measures for the identification, detection and seizure of the product, goods, instruments or any other elements referred to in paragraph 1 of this Article for the purpose of confiscation. which is ordered either by the requesting Party or, where a request has been made under the (a) of this paragraph, by the requested Party.
(c) The decisions or measures provided for in points (a) and (b) of this paragraph shall be adopted by the requested Party in accordance with its domestic law and subject to its provisions, and in accordance with its rules of procedure or bilateral or multilateral treaties, agreements or arrangements concluded with the requesting Party.
(d) The provisions of paragraphs 6 to 19 of Article 7shall apply mutatis mutandis. In addition to the information listed in paragraph 10 of Article 7, requests made pursuant to this Article shall contain the following:
i) In the case of a request corresponding to paragraph (i) of paragraph (a) of this paragraph, a description of the assets to be seized and an exposure of the facts in which the required Party is founded is sufficient for the Party to required to be able to process the commandment according to its domestic law.
(ii) In the case of an application for paragraph (ii) of (a), an admissible copy of a confiscation order issued by the requesting Party that serves as the basis for the application, an exposure of the facts and information on the scope of the application for the execution of the order.
(iii) In the case of an application corresponding to (b), an exposure of the facts in which the Requested Party is founded and a description of the requested measures.
e) Each Party shall provide the Secretary-General with the text of any of its laws and regulations for which it has applied this paragraph, as well as the text of any subsequent changes to those laws and regulations. regulations.
(f) If one of the Parties chooses to make the adoption of the measures referred to in points (a) and (b) of this paragraph subject to the existence of a relevant treaty, that Party shall consider this Convention as a necessary conventional basis and sufficient.
g) The Parties shall endeavour to conclude bilateral and multilateral treaties, agreements or arrangements to improve the effectiveness of international cooperation provided for in this Article.
5. (a) The Party which has seized the goods or goods in accordance with paragraphs 1 or 4 of this Article shall have them in the form provided for in their internal law and administrative procedures.
(b) When acting at the request of another Party, as provided for in this Article, the Party may pay particular attention to the possibility of concluding agreements in order to:
i) To carry all or a considerable part of the value of that product and of such goods, or of the funds derived from the sale of that product or of such goods, to intergovernmental organizations specialized in the fight against trafficking illicit use of narcotic drugs and psychotropic substances.
(ii) to be held with other Parties, in accordance with a pre-established or defined criterion for each case, such product or property, or the funds arising from the sale of such product or property, as provided for in its law internal, administrative procedures or bilateral or multilateral agreements concluded for this purpose.
6. (a) Where the product has been processed or converted into other goods, the products may be subject to the measures applicable to the product referred to in this Article.
(b) Where the product has been mixed with goods acquired from illicit sources, without prejudice to any other applicable seizure or freezing powers, such goods may be seized up to the estimated value of the mixed product.
(c) Such measures shall apply to income or other derived profits as well:
i) The product.
(ii) of the goods in which the product has been transformed or converted; or
(iii) of the goods with which the product has been mixed in the same way and to the same extent as the product.
7. Each Party shall consider the possibility of reversing the burden of proof in respect of the lawful origin of the alleged product or other assets subject to confiscation, in so far as this is compatible with the principles of its domestic law and with the nature of its Judicial and other procedures.
8. The provisions of this Article shall not be construed as prejudice to the rights of third parties in good faith.
9. Nothing in this Article shall affect the principle that the measures provided for in this Article shall be defined and applied in accordance with the domestic law of each Party and in accordance with the provisions of this Article.
1. This Article shall apply to offences established by the Parties in accordance with paragraph 1 of Article 3.
2. Each of the offences to which this Article applies shall be deemed to be included among the offences that result in extradition in any extradition treaty in force between the Parties. The Parties undertake to include such crimes as cases of extradition in any extradition treaty that they agree with each other.
3. If a Party making extradition to the existence of a treaty receives from another Party, with which it is not bound by any extradition treaty, an extradition request, it may consider this Convention as the legal basis of the extradition with regard to the offences to which this Article applies. Parties requiring detailed legislation to enforce this Convention as a legal basis for extradition shall consider the possibility of enacting the necessary legislation.
4. Parties which do not make extradition subject to the existence of a treaty shall recognise the offences to which this Article applies as cases of extradition between them.
5. Extradition shall be subject to the conditions laid down by the law of the requested Party or by the applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.
6. When examining applications received in accordance with this Article, the requested State may refuse to comply with them where there are justified grounds for bringing their judicial authorities or other competent authorities to assume that their compliance would facilitate the prosecution or punishment of a person by reason of their race, religion, nationality, or political opinions or that any of these reasons would cause injury to any person affected by the application.
7. The Parties shall endeavour to expedite the extradition procedures and to simplify the evidentiary requirements in respect of any of the offences to which this Article applies.
8. Subject to the provisions of its national law and its extradition treaties, the requested Party may, after having been satisfied that the circumstances warrant it and are of an urgent nature, and at the request of the requesting Party, proceed to the arrest of the person whose extradition is requested and who is on his or her territory or take other appropriate measures to ensure his/her appearance in extradition proceedings
9. Without prejudice to the exercise of any criminal jurisdiction declared in accordance with its domestic law, the Party on whose territory an alleged offender is located shall,
a) If you do not extradite it for a criminalized offense pursuant to paragraph 1 of Article 3 for the reasons set forth in paragraph 2 (a) of Article 4, submit the case before its competent authorities for prosecution, unless otherwise agreed with the requesting Party;
(b) If you do not extradite him for a crime of that kind and have been competent in connection with that offence in accordance with paragraph 2 (b) of Article 4, file the case with your competent authorities to prosecute him, unless the requesting Party requests otherwise for the purpose of safeguarding its legitimate competence.
10. If the extradition requested for the purpose of a conviction is refused on the basis that the person who is the subject of the request is a national of the requested Party, the requested Party shall, if its legislation permits and in accordance with the requirements of that Party, legislation, upon request of the requesting Party, shall consider the possibility of enforcing the sentence imposed under the legislation of the requesting Party or the remainder of that sentence to be served.
11. The Parties shall endeavour to conclude bilateral and multilateral agreements in order to carry out extradition or increase their effectiveness.
12. The Parties may consider the possibility of concluding bilateral or multilateral agreements, whether special or general, on the transfer of persons sentenced to imprisonment or other forms of deprivation of liberty for the offences to which they are applies this article, so that they can finish serving their sentences in their country.
ARTICLE 7o. MUTUAL JUDICIAL ASSISTANCE.
1. The Parties shall, in accordance with the provisions of this Article, provide the widest mutual judicial assistance in investigations, prosecutions and judicial proceedings concerning offences established in accordance with paragraph 1 of this Article. 3.
2. Mutual judicial assistance to be provided in accordance with this Article may be requested for any of the following purposes:
a) Receiving testimonials or taking statements to people;
b) Submit court documents;
c) Carry out inspections and seizures;
d) Browse objects and places;
e) Providing information and test elements;
f) Deliver originals or authentic copies of documents and files related to the case, including banking, financial, social, and commercial documentation;
g) Identify or detect the product, goods, instruments or other elements for probative purposes.
3. The Parties may provide for any other form of mutual judicial assistance authorized by the requested Party's internal law.
4. The Parties, if requested and to the extent compatible with their internal law and practice, shall facilitate or encourage the presentation or availability of persons, including detainees, who consent to cooperate in investigations or in to intervene in the proceedings.
5. The Parties shall not invoke banking secrecy in order to refuse to provide mutual judicial assistance under this Article.
6. The provisions of this Article shall not affect obligations arising from other bilateral or multilateral treaties, whether in force or in the future, which govern, in whole or in part, mutual judicial assistance in criminal matters.
7. Paragraphs 8 to 19 of this Article shall apply to applications made under this Article, provided that a mutual legal assistance treaty is not between the Parties concerned. Where the Parties are bound by such a treaty, the relevant provisions of that Treaty shall apply, unless the Parties agree to apply paragraphs 8 to 19 of this Article instead.
8. The Parties shall designate an authority or, where necessary, several authorities, with powers to comply with requests for mutual judicial assistance or to transmit them to the competent authorities for enforcement. The Secretary-General shall be notified of the authority or authorities which have been designated for this purpose. The authorities designated by the Parties shall be responsible for transmitting requests for mutual judicial assistance and any other relevant communication; this provision shall not affect the right of any of the Parties to require that such requests and communications are sent to him by diplomatic means and, in urgent circumstances, when the Parties agree, through the International Criminal Police Organization, to be possible.
9. Applications shall be submitted in writing in a language acceptable to the requested Party. The Secretary-General shall be notified of the language or languages which are acceptable to each Party. In urgent cases, and where the Parties agree to do so, the requests may be made orally and shall be subsequently confirmed in writing.
10. Applications for mutual legal assistance shall include the following:
a) The identity of the authority making the request;
(b) The object and nature of the investigation, the process or actions to which the application relates, and the name and functions of the authority that is carrying out such investigation, such procedure or actions;
(c) A summary of the relevant data, except in the case of applications for the submission of court documents;
d) A description of the assistance requested and details of any particular procedure that the requesting Party wishes to apply;
e) Where possible, the identity and nationality of any person involved and the place in which they are located;
f) The purpose for which the test, information, or performance is requested;
11. The requested Party may request additional information where it is necessary to comply with the request in accordance with its domestic law or to facilitate such compliance.
12. Any application shall be made in accordance with the internal law of the requested Party and, in so far as the legislation of that Party is not contravened and where this is possible, in accordance with the procedures specified in the application.
13. The requesting Party shall neither communicate nor use, without prior consent of the requested Party, the information or evidence provided by the requested Party for other investigations, processes or actions other than those indicated in the application.
14. The requesting Party may require that the requested Party maintain reservation about the existence and content of the application, except to the extent necessary to comply with it. If the requested Party cannot maintain that reservation, it shall immediately inform the requesting Party.
15. The requested mutual legal assistance may be refused:
a) When the request does not conform to the provisions of this Article;
(b) Where the requested Party considers that the enforcement of the request could undermine its sovereignty, security, public order or other fundamental interests;
(c) Where the requested Party's domestic law prohibits its authorities from accessing a request made in connection with an analogous offence, if the latter has been the subject of investigation, prosecution or action in the exercise of its own competence.
d) When accessing the application is contrary to the legal order of the requested Party as regards mutual judicial assistance.
16. Refusals of mutual judicial assistance shall be reasoned.
17. Mutual legal assistance may be deferred by the requested Party if it disturbs the course of an investigation, a process or a course of action. In such a case, the requested Party shall consult with the requesting Party to determine whether it is still possible to provide assistance in the form and under the conditions that the first deems necessary.
18. The witness, expert or other person who consents to put on trial or to cooperate in an investigation, process or judicial action in the territory of the requesting Party, shall not be subject to prosecution, detention or punishment, or of any kind of restriction of his personal freedom in that territory by acts, omissions or by guilty pleas prior to the date on which he left the territory of the requested Party. Such laissez-passer shall cease when the witness, expert or other person has held for 15 consecutive days, or during the period agreed by the Parties, after the date on which he has been officially informed that the judicial authorities no longer have they require their presence, the opportunity to leave the country and, however, remain voluntarily in the territory or return spontaneously to it after having abandoned it.
19. The ordinary costs incurred by the implementation of an application shall be borne by the requested Party unless otherwise agreed by the Parties concerned. Where substantial or extraordinary expenditure is required for this purpose, the Parties shall consult each other in order to determine the terms and conditions under which the application is to be complied with, as well as the manner in which the expenditure shall be borne.
20. Where necessary, the Parties shall consider the possibility of concluding bilateral or multilateral agreements or arrangements which serve the purposes of this Article and which, in practice, give effect to their provisions or to strengthen them.
ARTICLE 8o. REFERRAL OF CRIMINAL PROCEEDINGS.
The Parties shall consider the possibility of referral to criminal proceedings for the prosecution for offences established in accordance with paragraph 1 of Article 3, where such a referral is deemed to have been interest of correct administration of justice.
ARTICLE 9o. OTHER FORMS OF COOPERATION AND TRAINING.
1. The Parties shall cooperate closely with each other, in harmony with their respective legal and administrative systems, with a view to increasing the effectiveness of the detection and repression measures aimed at suppressing the commission of the offences identified in accordance with paragraph 1 of Article 3. They shall, in particular, on the basis of bilateral or multilateral agreements or arrangements:
(a) Establish and maintain channels of communication between their competent bodies and departments in order to facilitate the rapid and secure exchange of information on all aspects of the offences identified in accordance with paragraph 1 of the Article 3, even, provided that the Parties consider it appropriate, on their links to other criminal activities;
b) Co-operate in the conduct of investigations, with respect to offences typified in accordance with paragraph 1 of article 3 and of an international nature, about:
i) Of the identity, whereabouts and activities of persons allegedly involved in crimes defined in accordance with paragraph 1 of Article 3;
(ii) The movement of the product or the goods derived from the commission of such crimes;
(iii) The movement of narcotic drugs, psychotropic substances, substances listed in Table I and Table II of this Convention and instruments used or intended to be used in the commission of such offences;
c) Where appropriate, and provided that it does not contravene the provisions of its domestic law, it shall establish joint teams, taking into account the need to protect the safety of persons and operations, in order to give effect to the provisions of the paragraph. Officials of any of the Parties that integrate these teams shall act in accordance with the authorisation of the competent authorities of the Party on whose territory the operation is to be carried out. In all such cases the Parties concerned shall ensure that the sovereignty of the Party on whose territory the operation is to be performed is fully respected;
d) Provide, where appropriate, the necessary quantities of substances for analysis or research;
e) Facilitate effective coordination between their competent bodies and services and promote the exchange of personnel and other experts, including by highlighting liaison officers.
2. Each Party shall, to the extent necessary, initiate, develop or refine specific training programmes for its detection and repression or other personnel, including the customs staff, who are responsible for the removal of offenses typified in accordance with paragraph 1 of article 3. In particular, these programmes will cover:
(a) The methods used in the detection and suppression of the offences typified in accordance with paragraph 1 of Article 3;
(b) The routes and techniques used by persons allegedly involved in offences established in accordance with paragraph 1 of Article 3, in particular in transit States, and appropriate measures for counter their use;
(c) Surveillance of the import and export of narcotic drugs, psychotropic substances and substances listed in Table I and Table II;
(d) The detection and monitoring of the movement of the product and the goods derived from the commission of the offences established in accordance with paragraph 1 of Article 3, and of the narcotic drugs, substances Psychotropic substances and substances listed in Table I and Table II, and instruments used or intended to be used in the commission of such offences;
(e) The methods used for the transfer, concealment or cover-up of such a product, and of such goods and instruments:
f) The test collection;
g) Fiscalization techniques in zones and free ports;
h) Modern detection and repression techniques.
3. The Parties shall assist in the planning and implementation of research and training programmes aimed at exchanging knowledge in the areas referred to in paragraph 2 of this Article to that end, where appropriate. (a) proceed with regional and international conferences and seminars in order to promote cooperation and to stimulate the examination of problems of common interest, including in particular the problems and special needs of transit states.
ARTICLE 10. INTERNATIONAL COOPERATION AND ASSISTANCE TO TRANSIT STATES.
1. The Parties shall cooperate, directly or through the competent international or regional organisations, to provide assistance and support to transit States and, in particular, to developing countries in need of such assistance and support, as far as possible, through technical cooperation programmes to prevent illegal entry and transit, as well as for other related activities.
2. The Parties may agree, directly or through the competent international or regional organizations, to provide financial assistance to those transit States in order to increase and strengthen the infrastructure that need for effective monitoring and prevention of illicit trafficking.
3. The Parties may conclude bilateral or multilateral agreements or arrangements in order to increase the effectiveness of international cooperation provided for in this Article and may take into consideration the possibility of concluding financial arrangements for that purpose. regarding.
ARTICLE 11. SUPERVISED DELIVERY.
1. If the fundamental principles of their respective internal legal systems so permit, the Parties shall take the necessary measures, within their means, in order to enable them to be used in an appropriate manner, at international level, to the technical of supervised delivery, in accordance with mutually agreed arrangements or arrangements, in order to discover the persons involved in offences established in accordance with paragraph 1 of Article 3 and to establish legal action against them.
2. Decisions to use supervised delivery shall be taken on a case-by-case basis and may, where necessary, take into account the financial arrangements and those relating to the exercise of their competence by the Parties concerned.
3. Illicit remittances, the supervised delivery of which has been agreed upon, may, with the consent of the Parties concerned, be intercepted and authorised to continue intact or have been withdrawn or completely or partially replaced by narcotic drugs or Psychotropic substances that contain.
1. The Parties shall take the measures they consider appropriate to prevent the diversion of the substances listed in Table I and Table II, used in the illicit manufacture of narcotic drugs or psychotropic substances, and shall cooperate with each other. this end.
2. If either Party or the Board has data which, in its opinion, may require the inclusion of a substance in Table I or Table II, it shall notify the Secretary-General and provide it with the data on which the notification is based. The procedure described in paragraphs 2 to 7 of this Article shall also apply where one of the Parties or the Board has information justifying the removal of a substance from Table I or Table II or from moving a substance from a Table to another.
3. The Secretary-General shall communicate such notification and the data it deems relevant to the Parties, to the Commission and, where the notification comes from one of the Parties, to the Board. The Parties shall communicate to the Secretary-General their comments on the notification and any additional information which may be useful to the Board in drawing up an opinion and the Commission to take a decision.
4. If the Board, taking into account the magnitude, importance and diversity of the lawful use of that substance, and the possibility and ease of use of other substances for the lawful use as well as for the illicit manufacture of narcotic drugs or Psychotropic substances, check:
(a) That the substance is frequently used in the illicit manufacture of a narcotic or a psychotropic substance;
(b) The volume and extent of the illicit manufacture of a narcotic or a psychotropic substance create serious health or social problems, which justify the adoption of measures at international level, shall communicate to the Commission a the opinion on the substance, indicating the effect of its incorporation into Table I or Table II on its lawful use and on its illicit manufacture, together with recommendations of the surveillance measures which, if necessary, are appropriate in the light of that opinion.
5. The Commission, taking into account the comments submitted by the Parties and the comments and recommendations of the Board, whose opinion will be decisive in the scientific aspects, and also taking due account of other considerations relevant factors, may decide, by a two-thirds majority of its members, to incorporate a substance into Table I or Table II.
6. Any decision taken by the Commission in accordance with this Article shall be notified by the Secretary-General to all States and other entities that are Parties to this Convention or may become Parties to this Convention and to the Board. Such a decision shall take full effect in respect of each Party within 180 days of the date of notification.
7. (a) Commission decisions taken pursuant to this Article shall be subject to review by the Council, at the request of either Party within a period of 180 days from the date of notification of the decision. The request for review shall be submitted to the Secretary-General together with all relevant information on which the review request is based.
(b) The Secretary-General shall transmit copies of the review request and of the relevant information to the Commission, the Board and all Parties, inviting them to submit their observations within 90 days. All the comments received shall be communicated to the Council for examination.
(c) The Council may confirm or revoke the decision of the Commission. The notification of the decision of the Council shall be transmitted to all States and other entities which are Parties to this Convention or which may become Parties to this Convention, to the Commission and to the Board.
8. (a) Without prejudice to the general provisions of paragraph 1 of this Article and to the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the Parties shall take the measures they consider to be appropriate to monitor the manufacture and distribution of substances listed in Tables I and II which are carried out within their territory.
b) To this end the Parties may:
i) Control all persons and companies engaged in the manufacture or distribution of such substances;
ii) Control under license the establishment and premises in which the said manufacturing or distribution is performed;
iii) Require licensees to obtain the authorization to perform the aforementioned operations;
iv) To prevent the accumulation in possession of manufacturers and distributors of quantities of those substances which exceed those which require the normal performance of the commercial activities and the conditions prevailing on the market.
9. Each Party shall adopt, with respect to the substances listed in Table I and Table II, the following measures
(a) Establish and maintain a system to monitor the international trade in substances listed in Table I and Table II in order to facilitate the discovery of suspicious transactions. Those surveillance systems should be applied in close cooperation with manufacturers, importers, exporters, wholesalers and retailers, who shall inform the competent authorities of the suspected orders and operations;
(b) Dispose the seizure of any substance listed in Table I or Table II if there is sufficient evidence to be used for the illicit manufacture of narcotic drugs or psychotropic substances;
(c) Notify, as soon as possible, the competent authorities and services of the Parties concerned if there is reason to assume that the import, export or transit of a substance listed in Table I or Table II is intended for the illicit manufacture of narcotic drugs or psychotropic substances, in particular by providing information on the means of payment and any other essential elements in which that presumption is founded;
d) Require that imports and exports are correctly labeled and documented. Commercial documents such as invoices, cargo manifests, customs and transport documents and other documents relating to the consignment shall contain the names, as set out in Table I or Table II, of the substances imported or they export, the amount to be imported or exported and the name and address of the importer, the exporter and, where possible, the consignee;
(e) Velar because the documents referred to in (d) are kept for at least two years and may be inspected by the competent authorities.
10. (a) In addition to the provisions of paragraph 9, and at the request of the Party concerned to the Secretary-General, each of the Parties from whose territory one of the substances listed in Table I is to be exported shall ensure that, before the export, its competent authorities provide the following information to the competent authorities of the importing country;
i) The name and address of the exporter and of the importer and, where possible, of the consignee;
(ii) The name of the substance listed in Table I;
iii) The quantity of the substance to be exported;
iv) The intended entry point and date of shipment;
v) Any other information mutually agreed upon by the Parties.
(b) Parties may adopt more stringent or rigorous oversight measures than those provided for in this paragraph if, in their view, such measures are appropriate or necessary.
11. Where a Party provides information to another Party in accordance with paragraphs 9 and 10 of this Article, the Party providing such information may require that the Party receiving the information respect the confidential nature of the information. industrial, business, commercial or professional secrets or the industrial processes it contains.
12. Each Party shall submit annually to the Board, in the form or in the manner in which it is available and on the forms it provides, information on:
(a) The quantities seized of substances listed in Table I and Table II and, where known, their origin;
(b) Any substance not listed in Table I or Table II but known to be used in the illicit manufacture of narcotic drugs or psychotropic substances and which, in the opinion of that Party, is considered to be sufficiently important to be brought to the attention of the Board;
c) The methods of diversion and illicit manufacturing.
13. The Board shall report annually to the Commission on the implementation of this Article, and the Commission shall regularly review the suitability and relevance of Table I and Table II.
14. The provisions of this Article shall not apply to pharmaceutical preparations, or to other preparations containing substances listed in Table I or Table II and which are composed in such a way that those substances cannot be used or easily recover by means of simple application.
ARTICLE 13. MATERIALS AND EQUIPMENT.
The Parties shall take the measures they consider appropriate to prevent trade and the diversion of materials and equipment intended for the illicit production or manufacture of narcotic drugs and psychotropic substances and shall cooperate to this end.
ARTICLE 14. MEASURES TO ERADICATE THE ILLICIT CULTIVATION OF PLANTS FROM WHICH NARCOTIC DRUGS ARE EXTRACTED AND TO ELIMINATE THE ILLICIT DEMAND FOR NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES.
1. Any measure taken by the Parties for the implementation of this Convention shall not be less stringent than the rules applicable to the eradication of the illicit cultivation of plants containing narcotic drugs and psychotropic substances and the elimination of the illicit demand for narcotic drugs and psychotropic substances in accordance with the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention.
2. Each Party shall take appropriate measures to prevent the illicit cultivation of plants containing narcotic drugs or psychotropic substances, such as poppy plants, coca bushes and cannabis plants, as well as for to eradicate those that are illegally grown on their territory. The measures to be taken must respect fundamental human rights and take due account of the traditional legal uses, where historical evidence exists, as well as the protection of the environment.
3. (a) Parties may cooperate to increase the effectiveness of eradication efforts. Such cooperation may include, inter alia, support, where appropriate, for integrated rural development to provide alternative solutions to illicit cultivation that are economically viable. Factors such as access to markets, availability of resources and the prevailing economic and social conditions must be taken into account before these programmes have been implemented. The Parties may agree on any other appropriate cooperation measures.
(b) The Parties shall also facilitate the exchange of scientific and technical information and the conduct of research on eradication.
c) Where they have common borders, the Parties shall endeavour to cooperate in eradication programmes in their respective areas along these borders.
4. The Parties shall take appropriate measures to eliminate or reduce the illicit demand for narcotic drugs and psychotropic substances with a view to reducing human suffering and ending financial incentives for illicit trafficking. These measures may be based, inter alia, on the recommendations of the United Nations, the specialized agencies of the United Nations, such as the World Health Organization and other competent international organizations, and in the Comprehensive and Multidisciplinary Plan approved by the International Conference on the Indue Use and Illicit Trafficking in Drugs held in 1987, to the extent that it relates to the efforts of governmental organizations and not The Commission has been in the process of being a member of the European Parliament. rehabilitation. The Parties may conclude bilateral or multilateral agreements or arrangements aimed at eliminating or reducing the illicit demand for narcotic drugs and psychotropic substances.
5. The Parties may likewise take the necessary measures to ensure that narcotic drugs, psychotropic substances and substances listed in Table I and Table II that have been seized or seized are promptly destroyed or disposed of. in accordance with the law and for the duly certified necessary quantities of those substances to be admissible for evidentiary purposes.
ARTICLE 15. COMMERCIAL CARRIERS.
1. The Parties shall take appropriate measures to ensure that the means of transport used by commercial hauliers are not for the purpose of committing offences established in accordance with paragraph 1 of Article
2. Each Party shall require commercial carriers to take reasonable precautions in order to prevent their means of transport from being used to commit offences in accordance with paragraph 1 of Article
(a) Where the principal establishment of the commercial carrier is located in the territory of that Party:
i) Training of personnel to discover suspicious people or remittances;
ii) The encouragement of the moral integrity of the staff.
b) When the commercial carrier develops activities in the territory of that Party:
i) Presentation in advance, where possible, of the load manifests;
ii) The use in the containers of inviolable and individually verifiable seals;
(iii) The complaint to the competent authorities, on the first occasion, of any suspicious circumstances that may be related to the commission of offences established in accordance with paragraph 1 of Article 3.
3. Each Party shall endeavour to ensure that commercial hauliers and the competent authorities of the places of entry and exit, and other customs control areas, cooperate in order to prevent unauthorised access to the means of transport and cargo, as well as in the application of appropriate security measures.
ARTICLE 16. COMMERCIAL DOCUMENTS AND EXPORT LABELS.
1. Each Party shall require that lawful exports of narcotic drugs and psychotropic substances be duly documented. In addition to the documentation requirements provided for in Article 31 of the 1961 Convention, Article 31 of the 1961 Convention as amended and Article 12 of the 1971 Convention, in commercial documents, such as invoices, Cargo, customs and transport documents and other documents relating to the consignment shall indicate the names of the narcotic drugs and psychotropic substances which are exported, as shown in the relevant lists of the The 1961 Convention, the 1961 Convention, the 1961 Convention as amended and the Convention of 1971, as well as the quantity exported and the name and address of the exporter, of the importer, and where possible, of the consignee.
3. Each Party shall require that consignments of narcotic drugs and psychotropic substances exported are not incorrectly labelled.
ARTICLE 17. ILLICIT TRAFFIC BY SEA.
1. The Parties shall cooperate as far as possible to eliminate illicit trafficking by sea, in accordance with international law of the sea.
2. Any Party that has reasonable grounds to suspect that a vessel flying its flag, or which does not fly any or no registration, is being used for illicit trafficking, may request assistance from other Parties in order to terminate that vessel. use. The Parties to whom such assistance is requested shall provide it with the means at their disposal.
3. Any Party which has reasonable grounds to suspect that a ship which is making use of freedom of navigation under international law and which flies the flag or bears registration of another Party is being used for traffic It may notify the flag State and request that it confirm the registration; if it confirms it, it may request authorisation to take appropriate action with respect to that vessel.
4. In accordance with paragraph 3 or with the treaties in force between the Parties, or with any other agreement or arrangement which may have been concluded between them, the flag State may authorise the requesting State, inter alia, to:
a) Tackling the ship;
b) Inspect the ship;
(c) If evidence of involvement in illicit trafficking is discovered, take appropriate action with respect to the ship, persons and cargo on board.
5. Where a measure is adopted in accordance with this Article, the Parties concerned shall take due account of the need not to endanger the safety of life at sea or of the ship and the cargo and not to harm the interests of the parties concerned. trade and legal status of the flag State or any other State concerned.
6. The flag State may, in accordance with its obligations laid down in paragraph 1 of this Article, subject its authorization to conditions which shall be agreed between that State and the requesting Party, in particular as regards the responsibility.
7. For the purposes of paragraphs 3 and 4 of this Article, the Parties shall respond promptly to requests from other Parties to find out whether a vessel flying its flag is authorised to do so, as well as to requests for authorisation to be submitted in accordance with the provisions of paragraph 3. Each State shall, at the time of its entry into this Convention, designate one or, if necessary, several authorities to take charge of receiving and responding to such requests. This designation shall be made known, through the Secretary-General, to all other Parties within the month following the appointment.
8. The Party which has adopted any of the measures provided for in this Article shall promptly inform the flag State of the results of that measure.
9. The Parties shall consider the possibility of concluding bilateral and regional agreements or arrangements in order to implement the provisions of this Article or to make them more effective.
10. The measures to be taken pursuant to paragraph 4 of this Article shall be applied only by warships or military aircraft, or other aircraft or aircraft bearing clear signs and identifiable as aircraft or aircraft at the service of a government and authorized for that purpose.
11. Any measure taken in accordance with this Article shall take due account of the need not to interfere with the rights and obligations of the coastal States or in the exercise of their competence, which are in conformity with the law. international sea, nor to undermine those rights, obligations or powers.
ARTICLE 18. FREE ZONES AND PORTS.
1. The Parties shall, in order to eliminate, in free zones and ports, the illicit trade in narcotic drugs, psychotropic substances and substances listed in Tables I and II, adopt measures which are not less stringent than those applied elsewhere in the its territory.
2. The Parties shall endeavour;
(a) To monitor the movement of goods and persons in free zones and ports, to the end of which they shall empower the competent authorities to inspect cargo and ships on arrival and departure, including recreational craft and vessels; fishing vessels, as well as aircraft and vehicles and, where appropriate, to register crew members and passengers as well as the respective baggage;
(b) Establish and maintain a system for the discovery of consignments suspected of containing narcotic drugs, psychotropic substances and substances listed in Tables I and II entering or leaving those areas;
c) Establish and maintain surveillance systems in port and dock areas, airports, and border control points of the zones and free ports.
ARTICLE 19. USE OF POSTAL SERVICES.
1. The Parties, in accordance with the obligations incumbent upon them under the Universal Postal Union Conventions, and in accordance with the fundamental principles of their respective internal legal systems, shall adopt measures to to abolish the use of postal services for illicit trafficking and to cooperate with that purpose.
2. The measures referred to in paragraph 1 of this Article shall include in particular:
(a) Coordinated and targeted measures to prevent and suppress the use of postal services for illicit trafficking;
(b) The introduction and maintenance, by competent detection and repression personnel, of research and control techniques aimed at detecting postal consignments with illicit consignments of narcotic drugs, psychotropic substances and substances listed in Tables I and II;
(c) Legislative measures to allow the use of adequate means to close the evidence necessary to initiate legal proceedings.
ARTICLE 20. INFORMATION TO BE SUPPLIED BY THE PARTIES.
1. The Parties shall provide, through the Secretary-General, information to the Commission on the functioning of this Convention in their territories, in particular:
a) The text of laws and regulations that they enact to give effect to the Convention;
(b) The details of cases of illicit trafficking within their jurisdiction which they deem important by the new trends revealing, the quantities in question, the sources of provenance of the substances or the methods used by the persons engaged in illicit trafficking.
2. The Parties shall provide this information in the manner and on the date requested by the Commission.
ARTICLE 21. COMMISSION FUNTIONS.
The Commission shall have the authority to examine all matters relating to the objectives of this Convention, in particular:
(a) The Commission shall examine the functioning of this Convention, on the basis of the information submitted by the Parties in accordance with Article 20
;(b) The Commission may make suggestions and recommendations of a general nature based on the examination of information received from the Parties;
(c) The Commission may draw the attention of the Board to any matter relating to the Board's functions;
(d) The Commission shall take such measures as it deems appropriate on any matter referred to it by the Board in accordance with paragraph 1 (b) of Article 22;
e) The Commission, in accordance with the procedure laid down in Article 12, may amend Table I and Table II;
(f) The Commission may draw the attention of the non-Parties to the decisions and recommendations it adopts in compliance with this Convention, in order to allow those States to examine the possibility of taking action in accordance with this Convention. decisions and recommendations.
1. Without prejudice to the functions of the Commission provided for in Article 21 and without prejudice to the functions of the Board and the Commission provided for in the 1961 Convention, in the 1961 Convention as amended and in the 1971 Convention:
(a) If, on the basis of its examination of the information available to it, of the Secretary-General or of the Commission, or of the information communicated by United Nations bodies, the Board has reason to believe that they do not meet the objectives of the The Board may invite one or more Parties to provide all relevant information;
b) With respect to items 12, 13 , and 16:
i) once the procedure referred to in point (a) of this Article has been completed, the Board may, if it deems it necessary, ask the Party concerned to take the corrective measures that the circumstances advise for compliance with the provisions of this Article. in items 12, 13 , and 16;
(ii) before taking any action pursuant to paragraph (iii) below, the Board shall confidentially treat its communications with the Party concerned in accordance with the foregoing:
(iii) if the Board considers that the Party concerned has not taken the corrective measures that have been requested in accordance with this paragraph, it may refer the matter to the attention of the Parties, the Council and the Commission. Any report published by the Board in accordance with this paragraph shall also include the views of the Party concerned if it so requests.
2. Any Party concerned shall be invited to be represented at the meetings of the Board in which it is to be examined in accordance with this Article on a matter directly affecting it.
3. If, in any case, a decision of the Board to be adopted in accordance with this article is not unanimous, the views of the minority shall be recorded.
4. Decisions of the Board in accordance with this Article shall be taken by a two-thirds majority of the total number of members of the Board.
5. In the performance of its duties in accordance with paragraph 1 (a) of this Article, the Board shall protect the confidential nature of any information that comes to its possession.
6. The responsibility of the Board under this Article shall not apply to compliance with treaties or agreements concluded between the Parties in accordance with the provisions of this Convention.
7. The provisions of this Article shall not apply to disputes between the Parties referred to in the provisions of Article 32.
The Board shall prepare an annual report on its work, including an analysis of the information available to it and, in appropriate cases, a list of explanations, if any, given by the Parties or requested to them, together with any comments and recommendations that the Board wishes to make. The Board may prepare any additional reports it deems necessary. The reports shall be submitted to the Council by the Commission, which may make the observations it deems appropriate.
2. The Board's reports shall be communicated to the Parties and subsequently published by the Secretary-General. The Parties will allow unrestricted distribution of such reports.
Parties may adopt stricter or more stringent measures than those provided for in this Convention if, in their view, such measures are appropriate or necessary to prevent or eliminate illicit trafficking.
ARTICLE 25. NON-REPEAL EFFECT WITH RESPECT TO PREVIOUS CONVENTIONAL RIGHTS AND OBLIGATIONS.
The provisions of this Convention shall be without prejudice to the rights and obligations incumbent upon the Parties to this Convention under the 1961 Convention, the 1961 Convention as amended and the Convention of 1971.
This Convention shall be open from 20 December 1988 to 28 February 1989 at the United Nations Office in Vienna, and thereafter until 20 December 1989 at the United Nations Headquarters in New York, to the signature:
a) Of all States;
(b) Namibia, represented by the United Nations Council for Namibia;
(c) Regional economic integration organisations which are competent to negotiate, conclude and implement international agreements on matters governed by this Convention, being applicable to such organisations within the limits of its competence the references in this Convention to the Parties, States or national services.
ARTICLE 27. RATIFICATION, ACCEPTANCE, APPROVAL OR FORMAL CONFIRMATION ACT.
1. This Convention shall be subject to ratification, acceptance or approval by the States and by Namibia, represented by the United Nations Council for Namibia, and to the acts of formal confirmation by the regional organizations of economic integration referred to in point (c) of Article 26. The instruments of ratification, acceptance or approval and the instruments relating to the acts of formal confirmation shall be deposited with the Secretary-General.
2. In their instruments of formal confirmation, regional economic integration organisations shall declare the extent of their competence in respect of matters governed by this Convention. Those organisations shall also communicate to the Secretary-General any modification of the scope of their competence with regard to matters governed by this Convention.
1. This Convention shall be open to the accession of any State, of Namibia, represented by the United Nations Council for Namibia, and of the regional economic integration organizations referred to in (c) of the Article 26. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General.
2. In their instruments of accession, regional economic integration organisations shall declare the extent of their competence in respect of matters governed by this Convention. These organisations shall also communicate to the Secretary-General any changes in the scope of their competence with regard to matters governed by this Convention.
1. This Convention shall enter into force on the ninetieth day following the date on which the 20th instrument of ratification, acceptance, approval or accession by the States or by Namibia, represented by the Secretary-General, has been deposited with the Secretary-General. by the United Nations Council for Namibia.
2. For each State or for Namibia, represented by the United Nations Council for Namibia, ratifying, accepting or approving this Convention or acceding to it after the deposit of the 20th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the ninetieth day following the date on which that State or Namibia has deposited such instrument of ratification, acceptance, approval or accession.
3. For each regional economic integration organisation referred to in point (c) of Article 26, which deposits an instrument relating to an act of formal confirmation or an instrument of accession, This Convention shall enter into force on the ninetieth day following the date on which that deposit was made, or on the date on which this Convention enters into force in accordance with paragraph 1 of this Article, if the latter is later.
1. Each Party may at any time denounce this Convention by written notification to the Secretary-General.
2. The complaint shall take effect for the Party concerned one year after the date on which the notification has been received by the Secretary-General.
1. Either Party may propose an amendment to this Convention. That Party shall communicate the text of any such amendment and the reasons for it to the Secretary-General who shall, in turn, communicate the proposed amendment to the other Parties and ask them if they accept it. Where the proposed amendment so distributed has not been rejected by either Party within 24 months of its distribution, the amendment shall be deemed to have been accepted and shall enter into force in respect of each one of the Parties 90 days after that Party has deposited with the Secretary-General an instrument in which it expresses its consent to be bound by that amendment.
2. Where a proposal for an amendment has been rejected by either Party, the Secretary-General shall consult with the Parties and, if the majority of the Parties so request, submit the matter, together with any comments made by the Parties. Parties, to the consideration of the Council, which may decide to convene a conference in accordance with paragraph 4 of Article 62 of the Charter of the United Nations. The amendments resulting from that Conference shall be incorporated in a Protocol of Amendment. Consent to be bound by such Protocol shall be expressly notified to the Secretary-General.
ARTICLE 32. DISPUTE RESOLUTION.
1. In the event of a dispute concerning the interpretation or application of this Convention between two or more Parties, they shall be consulted in order to resolve it by way of negotiation, investigation, mediation, conciliation, arbitration, appeal to regional bodies, judicial proceedings or other peaceful means of their choice.
2. Any dispute of this kind that has not been resolved in the manner prescribed in paragraph 1 of this article shall be submitted, at the request of any of the States Parties to the dispute, to the decision of the International Court of Justice.
3. If one of the regional economic integration organisations referred to in paragraph 26 (c) is a party to a dispute which has not been settled in the manner prescribed in paragraph 1 of this Article, it may, by A Member State of the United Nations must ask the Council to request an advisory opinion from the International Court of Justice in accordance with Article 65 of the Statute of the Court of Justice, which shall be deemed to be decisive.
4. Any State, at the time of signature or ratification, acceptance or approval of this Convention or its accession to it, or any regional economic integration organization at the time of signature or deposit of an act of formal confirmation or accession, may declare that it is not considered bound by paragraphs 2 and 3 of this Article. The other Parties shall not be bound by paragraphs 2 and 3 of this Article to any Party that has made such a declaration.
5. Any Party that has made the declaration provided for in paragraph 4 of this Article may withdraw it at any time by notifying the Secretary-General.
The Arabic, Chinese, Spanish, French, English, and Russian texts of this Convention are equally authentic.
The Secretary-General shall be the depositary of this Convention.
In TESTIMONY FROM WHICH the undersigned, duly authorized to do so, have signed this Convention.
Made in Vienna, in a single original, on the twentieth day of December of a thousand nine hundred and ninety-eight.
ANNEX
TABLE I TABLE II
Lysergic Acid Acetone
Ephedrine anthranilic acid
Ergometrine phenylacetic acid
Acetic Anhydride Ergotamine
1 -phenyl-2-propanone Ether ethyl
Pseudoephedrine Piperidine
The salts of the substances
The salts of the substances listed in this Table, provided that the existence of such salts is possible.
The salts of the substances listed in this Table, provided that the existence of such salts is possible.
The undersigned Legal Secretary of the Ministry of Foreign Affairs
CERTIFIES:
That the present reproduction is a faithful and integral photocopy taken of the certified text of the "United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances", made in Vienna on 20 December 1988, which is based in the archives of the Legal Secretariat of this Ministry.
Dada en Santafe de Bogotá, D. C., at fifteen (15) days of the month of October of a thousand nine hundred and ninety-two (1992).
MARTHA ESPERANZA RUEDA MERCHAN
Legal Undersecretary
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Santafe de Bogota, D.C., October 15, 1992
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) CESAR GAVIRIA TRUJILLO
The Foreign Minister
(Fdo.) NOEMI SANIN DE RUBIO
DECRETA:
ARTICLE 1A. Approve the "United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances", signed in Vienna on 20 December 1988, with the following reservations and statements that are presented and that form an integral part of this law and that the Government of Colombia will formulate when depositing the respective instrument of ratification of the Convention that is approved by this Law:
RESERVATIONS
1. Colombia is not required by article 3o., paragraphs 6o. and 9o., and article 6oof the Convention, for being contrary to article 35 of its Political Constitution regarding the prohibition of the extradition of Colombians by birth.
2.
3. Colombia, pursuant to paragraph 7o. Article 5o. of the Convention, is not considered to be obliged to establish the investment of the burden of proof.
4. Colombia makes a reservation regarding Article 9o., paragraph 1, points (b), (c), (d) and (e) of the Convention, as soon as it objects to the autonomy and independence of the judicial authorities in order to know the investigation and the prosecution of the crimes.
DECLARATIONS
1. No part of the Convention may be interpreted as requiring Colombia to adopt legislative, judicial, administrative or other measures that violate or restrict its constitutional and legal system or go beyond the treaties to which the Colombian State is a contracting party.
2. Colombia understands that the treatment that the Convention gives to the cultivation of the coca leaf as a criminal offence must be harmonized with an alternative development policy, taking into account the rights of the indigenous communities involved and the protection of the environment. In the same sense, Colombia understands that the discriminatory, inequitable and restrictive treatment given to its agricultural products in the international markets, in no way contributes to the control of illicit crops, since This is the cause of social and ecological deterioration in the affected areas.
3. Colombia understands that the application of paragraph 7o. Article 3o. of the Convention shall be made in accordance with its penal system and taking into account the benefits of its policies of submission and collaboration of alleged offenders to justice.
4. A request for mutual legal assistance will not be granted when the authorities of Colombia, including judicial authorities, consider that their granting damages the public interest or the constitutional or legal order. The principle of reciprocity must also be observed.
5. Colombia understands that paragraph 8o. Article 3o. of the Convention does not imply the imprinting of criminal action.
6. Article 24 of the Convention on "stricter or more rigorous measures" cannot be interpreted as giving the government more extensive powers than the Constitution of Colombia confers on it, even under the States of Exception.
7. Colombia understands that the assistance provided for in Article 17 of the Convention will only operate on the high seas and at the express request and with the authorization of the Colombian Government.
8. Colombia declares that it considers contrary to the principles and norms of international law, and in particular to those of sovereign equality, territorial integrity and non-intervention, any act that tends to the kidnapping or illegal deprivation of liberty persons within the territory of a State to make them appear before the courts of another.
9. Colombia understands that the referral of criminal proceedings referred to in Article 8o. of the Convention will be made in such a way that the constitutional guarantees of the right of defense are not violated. Likewise, Colombia declares, in accordance with paragraph 10 of Article 6o. of the Convention, that in the execution of foreign judgments, it must be carried out according to paragraph 2o. Article 35 of its Political Constitution and other constitutional and legal norms.
ARTICLE 2o. With strict compliance with the provisions of law 7a. The United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, signed in Vienna on 20 December 1988, which is hereby approved with its reservations and declarations, will be definitively binding on the country as of the date you refine the international link with respect to it.
ARTICLE 3o. This law applies from the date of its publication.
Dada en Santafe de Bogota, D. C, ..
CESAR GAVIRIA TRUJILLO
The President of the Honorable Senate of the Republic,
TITO EDMUNDO RUEDA GUARIN,
The Secretary General of the Honorable Senate of the Republic,
PEDRO PUMAREJO VEGA,
The president of the Honorable House of Representatives,
CESAR PEREZ GARCIA,
The Secretary General of the Honorable House of Representatives,
DIEGO VIVAS TAFUR.
Republic of Colombia-National Government
Contact and post. Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.
Dada en Santafe de Bogota, D.C., a los twenty-tres (23) de agosto de mil novehundred Nineties y tres (1993)
CESAR GAVIRIA TRUJILLO
The Foreign Minister,
NOEMI SANIN DE RUBIO,
The Minister of Justice,
ANDRES GONZALEZ DIAZ
