LAW 67 OF 1993
No.41.003 Official Journal of 24 August 1993.
Through which the "United Nations Convention against Illicit approved drug trafficking and psychotropic substances ", signed in Vienna on 20 December 1988. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "United Nations Convention against Illicit Traffic
Narcotic Drugs and Psychotropic Substances"
signed in Vienna on 20 December 1988, which the letter says:
UNITED NATIONS CONVENTION AGAINST SMUGGLING oF SUBSTANCE
narcotic drugs and psychotropic.
Adopted by the Conference at its Sixth Plenary Session, held on December 19, 1988
The Parties to this Convention,
Deeply concerned by the magnitude and the growing trend of production, demand and illicit trafficking in 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 himself for the sustained and increasing penetration of illicit trafficking in narcotic drugs and psychotropic substances in the various social groups and particularly by the use of children in many parts of the world as a consumer market and as instruments for production , distribution and trade in narcotic drugs and psychotropic substances, which entails a danger of incalculable gravity,
Recognizing the links between illicit traffic and other related organized criminal activities which undermine the legitimate economies and threaten stability, security and sovereignty of States,
Recognizing also that illicit traffic is an international criminal activity the suppression of which demands urgent attention and the highest priority,
Aware that illicit traffic generates large financial profits and wealth enabling transnational criminal organizations to penetrate, contaminate and corrupt the structures of government, legitimate commercial and financial business and society at all levels,
Determined to deprive persons engaged in illicit traffic proceeds of their criminal activities and thereby eliminate their main incentive for such activity,
Desiring to eliminate the root causes of abuse of narcotic drugs and psychotropic substances, including the illicit demand for such drugs and substances and the enormous profits derived from illicit trafficking,
Whereas control measures are necessary with respect to certain substances, including precursors, chemicals and solvents used in the manufacture of narcotic drugs and psychotropic substances, and that the ease with which they get , have caused an increase in the clandestine manufacture of such drugs and substances,
determined to improve international cooperation in the suppression of illicit traffic by sea,
Recognizing that eradication of illicit traffic is a collective responsibility of all States and, to that end, coordinated action within the framework of international cooperation is necessary,
Acknowledging the competence of the United Nations in the control of narcotics and psychotropic substances and desirous that the international organs concerned with such control acting within the framework of the United Nations,
Reaffirming the guiding principles of existing treaties on narcotic drugs and psychotropic substances and the system of control which establish
Recognizing the need to strengthen and complement the measures in the 1961 single Convention on Narcotic Drugs, in that Convention as amended by the 1972 Protocol Amending the single Convention on Narcotic Drugs 1961 and the Convention on Psychotropic Substances of 1971, in order to cope with the magnitude and distribution of illicit trafficking and its serious consequences,
Recognizing also the importance of strengthening and enhancing effective legal means for international cooperation in criminal matters for suppressing the international criminal activities of illicit traffic,
Desiring to conclude an international convention to be a complete instrument, effective and operating, specifically directed against illicit trafficking, which take into account the various aspects of the problem as a whole, particularly those who are not covered by the existing treaties in the field of narcotic drugs and psychotropic substances,
agree as follows: ARTICLE 1o
Unless otherwise stated or the context necessitating another interpretation, the following definitions shall apply throughout the text of this Convention:
a) "Board" means the International Narcotics Control Board established by the 1961 single Convention on Narcotic Drugs and as amended by the 1972 Protocol Amending the single Convention on Narcotic Drugs 1961 Convention;
B) "Cannabis plant" means any plant of the genus Cannabis;
C) "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 transporting persons, goods or mails for remuneration;
E) "Commission" means the Commission on Narcotic Drugs of the United Nations Economic and Social Council means;
F) "Confiscation" means the permanent deprivation of property by order of a court or other competent authority;
G) "Controlled delivery" means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, substances in Table I and Table II annexed to this Convention or substances for which they have replaced the above, leaving the territory of one or more countries, through or enter it with the knowledge and under the supervision of their competent authorities in order to identify persons involved in the commission of offenses of pursuant to paragraph 1 of Article 3 of this Convention;
H) "1961 Convention" means the Single Convention on Narcotic Drugs 1961;
I) "1961 Convention as amended" means the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs 1961;
J) "1971 Convention" means the Convention on Socotrópicas Substances of 1971;
K) "Council" means the Economic and Social Council of the United Nations;
L) "Freezing" or "seizure" means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property by order issued by a court or by a competent authority;
M) "Illicit traffic" means the offenses set forth in paragraphs 1 and 2 of Article 3 of this Convention;
N) "drug" is any natural or synthetic substances listed in Schedule I or Schedule II of the Single Convention on Narcotic Drugs of 1961 and as amended by the Protocol of 1972 amending understands Convention of the Single Convention on Narcotic Drugs 1961;
O) "Opium poppy" means the plant of the species Papaver somniferum;
P) "Proceeds" means any property obtained or derived directly or indirectly from the commission of an offense established in accordance with paragraph 1 of Article 3;
Q) "Property" means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;
R) "Psychotropic substances" means any substance, natural or synthetic, or any natural material in Schedules I, II, III, or IV of the Convention on Psychotropic Substances of 1971;
S) "General Secretary" means the Secretary General of the United Nations;
T) "Table I" and "Table II" means the list of substances that the numbering is appended to this Convention, amended to time in accordance with Article 12;
U) "Transit State" means the State through whose territory passed narcotic drugs, psychotropic substances and substances in Table I and Table II, illicit activities, and that is not the point of origin nor the final destination of these substances;
. SCOPE OF THIS CONVENTION.
1. The purpose of this Convention is to promote cooperation between the parties so that they can cope more effectively with the various aspects of illicit traffic in narcotic drugs and psychotropic substances having an international dimension. In compliance with the obligations they have undertaken under this Convention, the Parties shall take the necessary measures, including legislative and administrative, in accordance with the fundamental provisions of their respective domestic legal systems.
2. The Parties shall implement their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and non-intervention in the internal affairs of other States.
3. A Party shall not undertake in the territory of another Party powers or functions that are reserved exclusively for the authorities of that other Party by its domestic law.
ARTICLE 3. CRIMES AND SANCTIONS.
1. Each Party shall take such measures as are necessary to establish as criminal offenses under its domestic law, when committed intentionally:
a) i) The production, manufacture, extraction, preparation, supply, supply for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or psychotropic substance contrary to the provisions of the Convention 1961, the 1961 Convention as amended or the 1971 Convention;
Ii) The cultivation of opium poppy, coca bush or 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 purchase of any narcotic drug or psychotropic substance in order to perform any of the activities listed in paragraph from i);
Iv) The manufacture, transport or distribution of equipment, materials or substances listed in Table I and Table II, knowing that they will be used in the cultivation, production or manufacture of illicit drugs or psychotropic substances for such purposes;
V) The organization, management or financing of any of the offenses enumerated in paragraphs i), ii), iii) and iv);
B) i) The conversion or transfer of property, knowing that such property is derived from one or more of the offenses established in accordance with subparagraph a) of this paragraph or from an act of participation in such offense or crimes, in order to conceal or disguise the illicit origin of the property or of helping any person involved in the commission of such offense or offenses to evade the legal consequences of their actions;
Ii) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of property, or rights to such property, knowing that they come from one or more of the offenses established in accordance with subparagraph a) of this paragraph or from an act of participation in such offense or offenses;
C) Subject to its constitutional principles and the basic concepts of its legal system:
i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property is derived of one or more of the offenses established in accordance with subparagraph a) of this paragraph or from an act of participation in such offense or offenses;
Ii) The possession of equipment or materials or substances listed in Table I and Table II, knowing that they are used or are to be used in the cultivation, production or manufacture of illicit narcotic drugs or psychotropic substances or for such purposes:
iii) publicly inciting or inducing others, by any means, to commit any of the offenses established in accordance with this article or to use narcotic drugs or psychotropic substances.
Iv) Participation in the commission of any of the offenses established in accordance with the provisions of this Article, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating or advice regarding their commission.
2. Subject to its constitutional principles and basic concepts of its legal system, each Party shall adopt such measures as may be necessary to establish as criminal offenses under its domestic law, when committed intentionally, the possession, purchase 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 substances. The knowledge, intent or purpose required as an element of an offense set forth in paragraph 1 of this Article may be inferred from objective factual circumstances.
4. a) Each Party shall make the commission of crimes typified in accordance with paragraph 1 of this Article penalties proportionate to the gravity of these offenses, such as imprisonment or other forms of deprivation of liberty apply, financial penalties and confiscation.
B) The Parties may, in cases of offenses established in accordance with paragraph 1 of this article, which, in addition to the guilty plea or conviction, the offender shall undergo measures of treatment, education , aftercare, rehabilitation or social reintegration.
C) Notwithstanding the provisions of the preceding paragraphs, in appropriate cases of a minor nature, the Parties may replace the guilty plea or conviction for the implementation of other measures such as education, rehabilitation or reintegration social, as well as, when the offender is a drug abuser, treatment and aftercare.
D) The parties may, either to substitute title of the plea or conviction for an offense established in accordance with paragraph 2 of this Article or in addition to such plea or such conviction, have measures of treatment, education, aftercare, rehabilitation or social reintegration of the offender.
5. The Parties shall ensure that their courts and other competent judicial authorities to take into account the facts that give particular gravity of the offenses established in accordance with paragraph 1 of this Article, such as:
to ) participation in the offense of an organized criminal group to which the offender is a member;
B) The involvement of the offender in other international organized criminal activities;
C) The involvement of the offender in other illegal activities implementation is facilitated by the offense;
D) The use of violence or use of arms by the offender;
E) The fact that the offender holds a public office and that the offense is connected with the office;
F) The victimization or use of minors;
G) The fact that the crime was committed in prisons, in an educational institution or a hospital or nearby or in other places to which school children and students resort for educational, sports and social activities ;
H) Prior conviction, particularly for similar offenses, whether foreign or domestic courts, in so far as the domestic law of each of the Parties permits.
6. The Parties shall endeavor to ensure that any discretionary legal powers under its domestic law, concerning the prosecution of persons for offenses established in accordance with the provisions of this Article shall be exercised to the maximum effectiveness in screening measures and suppression of such crimes with due regard to the need to exercise a deterrent effect in relation to the commission of such crimes.
7. The Parties shall ensure that their courts or other competent authorities to take into account the seriousness of the offenses enumerated in paragraph 1 of this article and the circumstances enumerated in paragraph 5 of this article to consider early release or parole persons who have been convicted of any of those crimes.
8. Each Party shall, where appropriate, in its domestic law a long statute of limitations within which to commence proceedings for any offense established in accordance with paragraph 1 of this Article. And a longer period where the alleged offender has evaded the administration of justice.
9. Each Party shall take appropriate measures, as provided for in its own legal system, so that the person who has been charged with or convicted of any of the offenses established in accordance with paragraph 1 of this article, which is in the territory of that Party at the necessary criminal proceedings.
10. For the purposes of cooperation between the Parties under this Convention, including the cooperation provided for in Articles 5, 6, 7 and 9, offenses established in accordance with this Article shall not be considered as fiscal offenses or political offenses nor as politically motivated crimes, without prejudice to the constitutional limitations and the fundamental principles of domestic law of the Parties.
11. None of the provisions of this article shall affect the principle that the penalization referred or the alegables objections to these is reserved to the domestic law of the Parties and that such crimes must be prosecuted and punished arrangements with the provisions of this law.
ARTICLE 4. COMPETITION.
1. Each of the Parties:
a) Take such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with paragraph 1 of Article 3:
i) When the offense is committed in its territory ;
Ii) When the offense is committed on board a ship flying its flag or an aircraft registered under its laws at the time the offense was committed;
B) may adopt the measures necessary to establish its jurisdiction over the offenses it has established in accordance with paragraph 1 of Article 3:
i) When the offense is committed by its nationals or by a person who has his habitual residence in its territory;
Ii) When the offense is committed on board a vessel concerning which that Party has been authorized as provided in Article 17, provided that such jurisdiction shall be exercised only on the basis of agreements or arrangements with It referred to in paragraphs 4 and 9 of that article;
Iii) When the offense is one of those established in accordance with paragraph iv) of subparagraph c) of paragraph 1 of Article 3 and committed outside its territory with a view to perpetrate it one of the offenses established in accordance with paragraph 1 of Article 3.
2. Each of the Parties:
a) shall also take the measures necessary to establish its jurisdiction over the offenses it has established in accordance with paragraph 1 of Article 3, when the offender is present in its territory and it does not extradite him to another on the grounds that:
i) the offense was committed in its territory or on board a ship flying its flag or an aircraft registered under its laws at the time the offense was committed; or
ii) The offense has been committed by one of its nationals;
B) May also take the measures necessary to establish its jurisdiction over the offenses it has established in accordance with paragraph 1 of Article 3, when the alleged offender is present in its territory and it does not extradite him to another .
3. This Convention does not exclude the exercise of any criminal jurisdiction established by a Party in accordance with its domestic law.
The 5th ITEM. SEIZURE.
1. Each Party shall take the necessary measures to enable confiscation of:
a) Proceeds derived from offenses established in accordance with paragraph 1 of Article 3, or of goods whose value corresponds to that of the product;
B) of narcotic drugs and psychotropic substances, materials and equipment or other instrumentalities used or intended to be used in any way to commit the offenses established in accordance with paragraph 1 of Article 3.
2. Each Party shall also adopt such measures as may be necessary to enable its competent authorities for the identification, detection and freezing or seizure of proceeds, property, instrumentalities or any other elements that paragraph 1 concerns this article, with a view to its eventual 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 production or seizure of bank, financial or commercial documents. The Parties may not refuse to apply the provisions of this paragraph on the ground of bank secrecy.
4. a) Upon receipt of a request made under this Article by another Party having jurisdiction over an offense established in accordance with paragraph 1 of Article 3, the Party in whose territory proceeds, property, instrumentalities or any other elements that paragraph 1 of this Article to:
i) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if granted, shall comply; or
ii) Submit to its competent authorities in order to be compliance to the extent requested, an order of confiscation issued by the requesting Party in accordance with paragraph 1 of this article relating to the product it refers , property, instrumentalities or any other elements that paragraph 1 situated in the territory of the requested Party concerns.
B) Upon receipt of a request made under this Article by another Party having jurisdiction in respect of an offense established in accordance with paragraph 1 of Article 3, the requested Party shall take measures for the identification, detection and freezing or seizure of proceeds, property, instrumentalities or any other elements that paragraph 1 of this Article, the purpose of eventual confiscation to be ordered either by the Party requesting or when it has made a request under subparagraph a) of this paragraph, by the requested Party.
C) The decisions or actions provided for in subparagraphs a) and b) of this paragraph shall be taken by the requested Party in accordance with its domestic law and subject to its provisions, and in accordance with its procedural rules or treaties , bilateral or multilateral arrangements concluded with the requesting Party.
D) shall apply, mutatis mutandis, the provisions of paragraphs 6-19 of Article 7. In addition to the information listed in Article 7 paragraph 10, requests made pursuant to this article shall contain the following: | || i) in the case of a request pertaining to subparagraph i) of paragraph a) of this paragraph, a description of the property to be confiscated and a statement of the facts on which the requesting Party sufficient to melt the Party required to seek the order under its domestic law.
Ii) In the case of a request pertaining to paragraph ii) of subparagraph a), a legally admissible copy of an order of confiscation issued by the requesting party might support the application, a statement of the facts and information on the scope of the request for execution of the warrant.
Iii) In the case of a corresponding subsection b) application, a statement of the facts on which the requesting Party and a description of the actions requested melts.
E) Each Party shall furnish to the Secretary General the text of any of its laws and regulations which give effect to this paragraph and the text of any subsequent changes to such laws and regulations.
F) If a Party elects to make the taking of the measures referred to in subparagraphs a) and b) of this paragraph to the existence of a relevant treaty, that Party shall consider this Convention as the necessary and sufficient basis.
G) The Parties shall seek to conclude treaties, agreements or bilateral and multilateral arrangements to enhance the effectiveness of international cooperation provided for in this Article.
5. a) The Party which has seized the product or goods in accordance with paragraphs 1 or 4 of this Article shall have them in the manner prescribed by its domestic law and administrative procedures.
B) When acting on the request of another Party, in accordance with the provisions of this Article, the Party may pay particular attention to the possibility of concluding agreements to:
i) Provide all or part considerably the value of the product and of such property, or funds derived from the sale of that product or of such goods, to intergovernmental bodies specializing in the fight against illicit trafficking and abuse of narcotic drugs and psychotropic substances.
Ii) Sharing with other Parties, on a regular or defined for each case, such proceeds or property, or funds derived from the sale of the product or of such property in accordance with the provisions of its law internal, administrative procedures or bilateral or multilateral agreements entered into for this purpose.
6. a) If proceeds have been transformed or converted into other property, they may be subject to the measures applicable to the product mentioned in this article.
B) When the product has been intermingled with property acquired from illicit sources, without prejudice to any powers relating to seizure or freezing, it is liable to confiscation up to the assessed value of the mixed product.
C) These measures shall apply likewise to income or other benefits derived from:
i) the product.
Ii) Property into which proceeds have been transformed or converted;
or iii) Property with which the product has been mixed in the same manner and to the same extent that the product.
7. Each of the Parties consider reversing the burden of proof regarding the lawful origin of alleged proceeds or other property liable to confiscation, to the extent that this is consistent with the principles of its domestic law and with the nature of their Judicial procedures and other procedures.
8. The provisions of this Article shall not be construed as prejudicing the rights of bona fide third parties.
9. Nothing in this article shall affect the principle that the measures to which it refers shall be defined and implemented in accordance with the domestic law of each Party and in accordance with it.
ARTICLE 6o. EXTRADITION.
1. This Article shall apply to the offenses established by the Parties in accordance with paragraph 1 of Article 3.
2. Each of the offenses to which this Article shall be deemed included among the offenses extraditable in any extradition treaty existing between Parties applies. The Parties undertake to include such offenses as extraditable offenses in any extradition treaty concluded between them.
3. If a Party that makes extradition conditional on the existence of a treaty receives from another Party with which is not bound by any extradition treaty, an extradition request, may consider this Convention as the legal basis for extradition in respect of offenses to which this article applies. Parties that require detailed legislation in order to use this Convention as a legal basis for extradition shall consider enacting necessary legislation.
4. Parties that do not make extradition conditional on the existence of a treaty shall recognize offenses to which this article applies as extraditable offenses between themselves.
5. Extradition shall be subject to the conditions provided by the law of the requested Party or by applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.
6. In considering requests received pursuant to this Article, the requested State may refuse to comply where there are substantial grounds leading its judicial or other competent authorities to believe that compliance would facilitate the prosecution or punishment of a person because of race, religion, nationality or political opinions or that prejudice would be caused by any of those reasons to any person affected by the request.
7. The Parties shall endeavor to expedite extradition procedures and to simplify evidentiary requirements with respect to any offense to which this article applies.
8. Subject to the provisions of its domestic law and its extradition treaties, the requested Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting Party, proceed to the arrest of the person whose extradition is sought and who is present in its territory or take other appropriate measures to ensure his presence at extradition proceedings
9. Without prejudice to the exercise of any criminal jurisdiction established in accordance with its domestic law, the Party in whose territory an alleged offender is found shall,
a) If it does not extradite an offense established in accordance with paragraph 1 of article 3 for the reasons set out in paragraph a) of paragraph 2 of Article 4, submit the case to its competent authorities for prosecution, unless otherwise agreed with the requesting Party;
B) If not extradited for an offense of this kind and has established its jurisdiction in relation to that offense in accordance with paragraph b) of paragraph 2 of Article 4, submit the case to its competent authorities for prosecution, unless the requesting Party requests otherwise in order to safeguard their legitimate competition.
10. If extradition, sought for the purpose of enforcing a sentence, is refused because the person subject of the application is a national of the requested Party, the latter, if its law so permits and in conformity with the requirements of such law, upon request of the requesting Party, consider enforcing the sentence imposed under the laws of the requesting Party or the remainder of that sentence remain to be served.
11. The Parties shall seek to conclude bilateral and multilateral agreements to carry out the extradition or increase its effectiveness.
12. The Parties may consider entering into bilateral or multilateral agreements, whether ad hoc or general, on the transfer of persons sentenced to imprisonment or other deprivation of liberty for offenses to which this article applies, in order to they may complete their sentences there.
ARTICLE 7. Mutual legal assistance.
1. The Parties shall provide, in accordance with the provisions of this article, the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings concerning offenses established in accordance with paragraph 1 of Article 3.
2. Mutual legal assistance to be provided pursuant to this article may be requested for any of the following purposes:
a) Taking evidence or statements from persons;
B) judicial documents;
C) Executing searches and seizures;
D) Examining objects and sites;
E) Provide information and evidence;
F) Providing originals or certified copies of documents and files related to the case, including bank, financial, corporate or business records;
G) Identifying or tracing proceeds, property, instrumentalities or other things for evidentiary purposes.
3. The Parties may provide any other form of mutual legal assistance allowed by the domestic law of the requested Party.
4. Parties shall, if so requested, and to the extent consistent with their domestic law and practice, facilitate or encourage the presence or availability of persons, including persons in custody, who consent to assist in investigations or participate in proceedings.
5. Parties shall not invoke bank secrecy to refuse to provide mutual legal assistance pursuant to this article.
6. The provisions of this Article shall not affect obligations arising from other bilateral or multilateral, existing or future treaties governing whole or in part, mutual legal assistance in criminal matters.
7. Paragraphs 8-19 of this Article shall apply to requests made pursuant thereto, provided that mediate between the parties concerned a treaty of mutual legal assistance. When Parties are bound by a treaty of this nature, the corresponding provisions of that treaty, unless the Parties agree to apply instead, paragraphs 8 to 19 of this Article shall apply.
8. The Parties shall designate an authority or, where necessary, authorities, and power to execute requests for mutual legal assistance or to transmit to the competent authorities for execution. the Secretary General the authority or authorities designated for this purpose shall be notified. The authorities designated by the Parties shall be responsible for transmitting requests for mutual legal assistance and any communication related thereto; this provision shall not affect the right of either Party to require that such requests and communications be sent through diplomatic channels and, in urgent circumstances, where the Parties agree, through the International Criminal Police Organization, if this possible.
9. Applications must be submitted in writing in a language acceptable to the requested Party. the Secretary General the language or languages acceptable to each Party shall be notified. In emergency situations, and when the Parties agree are requests may be made orally, but shall be confirmed in writing forthwith.
10. A request for mutual legal assistance shall contain:
a) The identity of the authority making the request;
B) The subject matter and nature of the investigation, prosecution or proceeding to which the request relates, and the name and functions of the authority conducting such investigation, prosecution or proceeding;
C) A summary of the relevant data, unless in the case of requests for service of judicial documents;
D) A description of the assistance sought and details of any particular procedure the requesting Party wishes to be followed;
E) Where possible, the identity and nationality of any person concerned and where they are located;
F) The purpose for which the evidence, information or action is sought;
11. The requested Party may request additional information when necessary to comply with the request in accordance with its domestic law or to facilitate such execution.
12. comply with any request will be given under the law of the requested Party and, to the extent that the law of that Party is not inconsistent and wherever this is possible in accordance with the procedures specified in the request.
13. The requesting Party shall not transmit nor use without prior consent of the requested Party, the information or evidence furnished by the requested Party for investigations, prosecutions or proceedings other than those stated in the application proceedings.
14. The requesting Party may require that the requested Party keep confidential the fact and substance of the request, except to the extent necessary to comply with it. If the requested Party can not maintain that confidentiality, it shall promptly inform the requesting Party.
15. Mutual legal assistance may be refused:
a) If the request does not comply with the provisions of this Article;
B) If the requested Party considers that execution of the request is likely to prejudice its sovereignty, security, public order or other essential interests;
C) Where the domestic law of the requested Party prohibits its authorities grant a request made in connection with a similar offense, had it been subject to investigation, prosecution or proceedings under their own jurisdiction.
D) When accessing the application is contrary to the law of the requested Party regarding mutual legal assistance.
16. The refusal of mutual legal assistance will be motivated.
17. Mutual legal assistance may be postponed by the requested Party if it interferes with an ongoing investigation, prosecution or proceedings. In such a case, the requested Party shall consult with the requesting Party to determine if assistance can still be given in the manner and under the conditions that deems necessary.
18. The witness, expert or other person who consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting Party shall not be prosecuted, detained, punished or any kind of restriction on his personal liberty in that territory for acts, omissions or statements prior to the date on which he left the territory of the requested Party guilt. Such safe conduct shall cease when the witness, expert or other person having had 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 required his presence, opportunity to leave the country, however, remained voluntarily in the territory or spontaneously return to it after having left.
19. The ordinary costs of executing a request shall be borne by the requested Party unless the Parties concerned have agreed otherwise. When this required a substantial or extraordinary expenses, the Parties shall consult to determine the terms and conditions on which it is to comply with the request, and how the costs will be.
20. When necessary, the Parties shall consider entering into agreements or bilateral or multilateral arrangements that would serve the purposes of this article and that, in practice, give effect to its provisions or enhance.
Article 8. SENDING CRIMINAL PROCEEDINGS.
The Parties shall consider proceedings for criminal prosecution of offenses established in accordance with paragraph 1 of Article 3, when it is judged that such transfer in the interest of the proper administration of justice.
Article 9. OTHER FORMS OF COOPERATION AND TRAINING.
1. The Parties shall cooperate closely with one another, consistent with their respective domestic legal and administrative systems, with a view to increasing the effectiveness of measures to detect and repression aimed at suppressing the commission of the offenses established in accordance with paragraph 1 of Article 3. Records shall in particular on the basis of bilateral or multilateral arrangements:
a) Establish and maintain channels of communication between their competent agencies and services to facilitate the secure and rapid exchange of information on all aspects of the offenses established in accordance with paragraph 1 of Article 3, even if the Parties concerned deem it appropriate, links with other criminal activities;
B) Cooperate in conducting inquiries with respect to offenses established in accordance with paragraph 1 of Article 3 and international character, concerning:
I) The identity, whereabouts and activities of persons suspected of involvement in offenses established in accordance with paragraph 1 of Article 3;
Ii) The movement of proceeds or property derived from the commission of such offenses;
Iii) The movement of narcotic drugs, psychotropic substances, substances in Table I and Table II of this Convention and instrumentalities used or intended for use in the commission of such crimes;
C) When appropriate, and if not contrary to the provisions of domestic law, establish joint teams, taking into account the need to protect the safety of people and operations, to give effect to the provisions of this paragraph. Officials of any Party participating in such teams shall act as authorized by the competent authorities of the Party in whose territory is to carry out the operation. In all these cases the Parties concerned shall ensure that the sovereignty of the Party in whose territory is fully respected must perform the operation;
D) To provide, when appropriate, necessary quantities of substances for analytical or investigative purposes;
E) To facilitate effective coordination between their competent agencies and services and promote the exchange of personnel and other experts, including the liaison officers.
2. Each Party shall, to the extent necessary, initiate, develop or improve specific training programs for their staff detection and suppression or otherwise, including customs personnel, responsible for suppression of offenses established in accordance with paragraph 1, Article 3. in particular, these programs will cover:
a) methods used in the detection and suppression of offenses established in accordance with paragraph 1 of Article 3;
B) Routes and techniques used by persons suspected of involvement in offenses established in accordance with paragraph 1 of article 3, particularly in transit States, and appropriate measures to counter their use;
C) Monitoring of the import and export of narcotic drugs, psychotropic substances and substances in Table I and Table II;
D) Detection and monitoring of the movement of proceeds and property derived from the commission of the offenses established in accordance with paragraph 1 of Article 3 and narcotics, psychotropic substances and substances in Table I and Table II, and instrumentalities used or intended for use in the commission of such crimes;
E) Methods used for the transfer, concealment or disguise of such proceeds, and such goods and instruments:
f) Collection of evidence;
G) techniques trade zones and free ports;
H) Modern techniques of detection and repression.
3. Parties assistance in planning and implementing programs of research and training programs designed to share expertise in the areas mentioned in paragraph 2 of this Article for this purpose will be provided, they should also, when appropriate, use conferences and regional and international seminars promote cooperation and stimulate discussion on problems of common interest, including in particular the special problems and needs of transit States.
ARTICLE 10. INTERNATIONAL COOPERATION AND ASSISTANCE TO STATES OF TRANSIT.
1. The Parties shall cooperate, directly or through competent international or regional organizations, to assist and support transit States and, in particular, to developing countries in need of such assistance and support, as far as possible through technical programs to prevent illegal entry and transit cooperation, as well as other related activities.
2. The Parties may agree, either directly or through competent international or regional organizations, to provide financial assistance to such transit States in order to enhance and strengthen the infrastructure needed for effective control and prevention of illicit trafficking.
3. Parties may enter into bilateral or multilateral arrangements to enhance the effectiveness of international cooperation provided for in this article and may take into consideration the possibility of financial arrangements in this regard.
ARTICLE 11. CONTROLLED DELIVERY.
1. If permitted by the basic principles of their respective domestic legal systems, the Parties shall take the necessary measures, within its capabilities, so it can be used properly, at the international level, the technique of controlled delivery, in accordance with agreements or mutually agreed, in order to discover those involved in offenses established in accordance with paragraph 1 of Article 3 and to taking legal action against them.
2. Decisions to use controlled delivery shall be made by case basis and may, when necessary, take into consideration financial arrangements and on the exercise of jurisdiction by the Parties concerned.
3. Illicit consignments whose controlled delivery is agreed to may, with the consent of the Parties concerned, be intercepted and allowed to continue intact or removed or replaced in whole or in part narcotics or psychotropic substances.
ARTICLE 12 SUBSTANCES FREQUENTLY USED IN THE ILLICIT MANUFACTURE OF DRUGS OR PSYCHOTROPIC SUBSTANCES.
1. The Parties shall take measures they deem appropriate to prevent diversion of substances listed in Table I and Table II used in the illicit manufacture of narcotic drugs or psychotropic substances, and cooperate with each other to this end.
2. If a Party or the Board has information which in its opinion may require the inclusion of a substance in Table I or Table II, it shall notify the Secretary General and will provide the data on which is based the notification. The procedure described in paragraphs 2 to 7 of this Article shall also apply when a Party or the Board has information justifying the deletion of a substance from Table I or Table II, or transfer of a substance from one Table to another.
3. The Secretary General shall transmit such notification and the information it considers relevant to the Parties, the Commission and, when the notification is made by either Party, to the Board. The Parties shall inform the Secretary General their comments on the notification and any supplementary information which may assist the Board in establishing an assessment and the Commission to take a decision.
4. If the Board, taking into account the extent, importance and diversity of the licit use of the substance, and the possibility and ease of using alternate substances both for licit purposes and for the illicit manufacture of narcotic drugs or psychotropic substances, finds: | || a) That the substance is frequently used in the illicit manufacture of a narcotic drug or psychotropic substance;
B) That the volume and extent of the illicit manufacture of a narcotic drug or psychotropic substance creates serious public health or social problems that justify action at the international level, submit an opinion to the Commission on the substance , in which the effect of their incorporation in Table I or Table II on both licit use and illicit manufacture, together with recommendations of monitoring measures which, if any, are appropriate in the light of is point that opinion.
5. The Commission, taking into account the comments submitted by Parties and the comments and recommendations of the Board, whose assessment shall be determinative as to scientific matters, and also taking into due consideration any other relevant factors, may decide by a majority of two thirds of its members to place a substance in Table I or Table II.
6. Any decision of 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 so and the Board. Such decision shall become fully effective with respect to each of the Parties to the 180 days of the date of notification.
7. a) Decisions of the Commission taken under this article shall be subject to review by the Board, upon request by either Party within 180 days from the date of notification of the decision. The request for review shall be sent to the Secretary General together with all relevant information on which the request for review is based.
B) The Secretary General shall transmit copies of the request for review and relevant information to the Commission, the Board and all Parties inviting them to submit their comments within 90 days. All comments received shall be submitted to the Council for its consideration.
C) The Council may confirm or reverse the decision of the Commission. Notification of the Council's decision shall be transmitted to all States and other entities that are Parties to this Convention or which may become so, to the Commission and to the Board.
8. a) Without prejudice to the general provisions of paragraph 1 of this Article and the provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, the Parties shall take the measures they deem appropriate to monitor the manufacture and distribution of substances listed in Tables I and II activities within its territory.
B) To this end, they may:
i) Control all persons and enterprises engaged in the manufacture or distribution of such substances;
Ii) Control under license the establishment and premises in which such manufacture or distribution may take place;
Iii) Require that licensees obtain a permit for conducting the aforesaid operations;
Iv) Prevent the accumulation in the possession of manufacturers and distributors of quantities of these substances in excess of those required for the normal performance of business and the prevailing market conditions.
9. Each Party shall, with respect to substances listed in Table I and Table II, the following measures:
a) Establish and maintain a system to monitor international trade in substances listed in Table I and Table II in order to facilitate the identification of suspicious transactions. Such monitoring systems should be implemented in close cooperation with manufacturers, importers, exporters, wholesalers and retailers, who shall inform the competent authorities of suspicious orders and transactions;
B) Provide for the seizure of any substance in Table I or Table II if there is sufficient evidence that is to be used in the illicit manufacture of narcotic drugs or psychotropic substances;
C) Notify, as soon as possible to the competent authorities and services of the Parties concerned if there is reason to believe that the import, export or transit of a substance in Table I or Table II is intended the illicit manufacture of narcotic drugs or psychotropic substances, facilitating, in particular information on the means of payment and any other essential elements on which that belief;
D) Require that imports and exports be properly labeled and documented. Commercial documents such as invoices, cargo manifests, customs documents, transport and other documents relating to the shipment shall contain the names, as given in Table I or Table II, of the substances being imported or exported, the quantity that is imported or exported, and the name and address of the importer, exporter and, where available, the consignee;
E) Ensure that documents referred to in subparagraph d) be retained for two years at least and may be inspected by the competent authorities.
10. a) In addition to the provisions of paragraph 9, and at the request of the interested Party Secretary General, each Party whose territory is to be exported one of the substances listed in Table I shall ensure that, before the export their competent authorities to provide the following information to the competent authorities of the importing country;
I) The name and address of the exporter and importer and, when available, the consignee;
Ii) The name of the substance in Table I;
Iii) The amount of the substance to be exported;
Iv) The point of entry and expected date of dispatch;
V) Any other information which is mutually agreed by the Parties.
B) The Parties may adopt measures stricter or more stringent than those provided by this paragraph if, in its opinion, such measures are desirable or necessary oversight.
11. When a Party furnishes information to another Party in accordance with the provisions of paragraphs 9 and 10 of this article, the Party furnishing such information may require that the Party receiving it keep confidential any trade secrets, business, commercial or professional or trade process.
12. Each Party shall furnish annually to the Board, in the form or manner it available and the forms it, information on:
a) The amounts seized of substances in Table I and the Table II and, when known, their origin;
B) Any substance not included in Table I or Table II but which are known to be used in the illicit manufacture of narcotic drugs or psychotropic substances and which, in the opinion of that Party, is considered important enough to be brought to the attention of the Board;
C) Methods of diversion and illicit manufacture.
13. The Board shall report annually to the Commission on the implementation of this article and the Commission shall periodically review the adequacy and propriety of Table I and Table II.
14. The provisions of this Article shall not apply to pharmaceutical preparations, nor to other preparations containing substances in Table I and Table II and are made so that such substances can not be used or easily recovered by means of simple application.
ARTICLE 13. MATERIALS AND EQUIPMENT.
The Parties shall take measures they deem appropriate to prevent trade in and diversion of materials and equipment for illicit production or manufacture of narcotic drugs and psychotropic substances and to cooperate to this end.
ARTICLE 14. MEASURES TO ERADICATE ILLICIT CULTIVATION OF PLANTS OF NARCOTICS AND EXTRACT IS TO ELIMINATE ILLICIT DEMAND FOR 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 illicit cultivation of plants containing narcotic and psychotropic substances and the elimination of the illicit demand for narcotic drugs and psychotropic substances in accordance with provisions of the 1961 Convention, the 1961 Convention as amended and the 1971 Convention
2. Each Party shall take appropriate measures to prevent illicit cultivation of plants containing narcotic or psychotropic substances, such as opium poppy plants substances, coca bush and cannabis plants and to eradicate those that are grown illicitly his territory. The measures adopted shall respect fundamental human rights and shall take due account of traditional licit uses, where there is historic evidence, as well as environmental protection.
3. a) The Parties may cooperate to increase the effectiveness of eradication efforts. Such cooperation may include, inter alia, support, where appropriate the integrated tending to offer alternatives to illicit cultivation economically viable rural development. Factors such as access to markets, availability of resources and prevailing socio-economic conditions should be taken into account before these programs have been launched. The Parties may agree on any other appropriate measures of cooperation.
B) The Parties shall also facilitate the exchange of scientific and technical information and the conduct of research concerning eradication.
C) Whenever they have common frontiers, the Parties shall seek to cooperate in eradication programs in their respective areas located along those borders.
4. The Parties shall take measures aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances with a view to reducing human suffering and eliminating financial incentives for illicit traffic appropriate measures. These measures may be based, inter alia, on the recommendations of the United Nations, specialized agencies of the United Nations, such as the World Health Organization and other relevant international organizations, and the Comprehensive Multidisciplinary approved by the Conference International on Drug Abuse and illicit Drug Trafficking held in 1987, insofar as it relates to the efforts of governmental and nongovernmental organizations and private entities in the areas of prevention, treatment and rehabilitation . The Parties may enter into agreements or aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances bilateral or multilateral arrangements.
5. The Parties may likewise take the necessary measures to ensure that narcotic drugs, psychotropic substances and substances in Table I and Table II which have been seized or confiscated are destroyed promptly or disposed of in accordance with the law and that duly certified necessary quantities of such substances are admissible for purposes of proof.
1. The Parties shall take appropriate measures to ensure that the means of transport used by commercial carriers are not offenses established in accordance with paragraph 1 of Article 3; among these measures may include the conclusion of special arrangements with commercial carriers.
2. Each Party shall require commercial carriers to take reasonable measures to prevent their means of transport are used to commit offenses established in accordance with paragraph 1 of Article 3. Such precautions may include the following precautions:
a) If the principal place of commercial carrier is within the territory of the Party:
i) training of personnel to identify suspicious consignments or persons;
Ii) Promotion of integrity of personnel.
B) If a commercial carrier is operating within the territory of the Party:
i) The presentation in advance, when possible, of the cargo manifests;
Ii) The use in tamper-proof containers and individually verifiable seals;
Iii) The complaint to the competent authorities, on the first occasion, of any suspicious circumstances which may be related to the commission of offenses established in accordance with paragraph 1 of Article 3. 3
. Each Party shall endeavor to ensure that commercial carriers and the competent authorities of the places of entry and exit, and other areas of customs control, cooperate in order to prevent unauthorized access to transportation and cargo access and in implementing appropriate security measures.
ARTICLE 16 COMMERCIAL DOCUMENTS AND LABELS EXPORTS.
1. Each Party shall require that lawful exports of narcotic drugs and psychotropic substances be properly documented. In addition to the documentation requirements under Article 31 of the 1961 Convention, in Article 31 of the 1961 Convention as amended and article 12 of the 1971 Convention, commercial documents such as invoices, statements cargo, customs and transport documents and other documents relating to the shipment, shall indicate the names of the narcotic drugs and psychotropic substances being exported, as recorded in the corresponding lists of the 1961 Convention, the 1961 Convention, the 1961 Convention as amended and the 1971 Convention, as well as exported and the name and address of the exporter, the importer number and, where available, the consignee.
3. Each Party shall require that consignments of narcotic drugs and psychotropic substances exported not go incorrectly labeled.
SMUGGLING BY SEA.
1. The Parties shall cooperate in every way possible to suppress illicit traffic 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 not flying any or no marks of registry is being used for illicit traffic may request the assistance of other parties to terminate such use. Parties which shall render such assistance with the means available on request.
3. Any Party that has reasonable to suspect that a vessel is making use of the freedom of navigation in accordance with international law and flying the flag or marks of registry of another Party is being used for illicit trafficking purposes may notify the State hall and ask for confirmation of registry; if confirmed, request authorization to take appropriate action with respect to that vessel.
4. In accordance with paragraph 3 or with existing treaties between the Parties, or any other agreement or arrangement otherwise reached between them, the flag State may authorize the requesting State, inter alia:
to ) Board the vessel;
B) To inspect the vessel;
C) If evidence of involvement are discovered in illicit trafficking, take appropriate action with respect to the vessel, persons and cargo on board.
5. When a measure under this Article is adopted, the Parties concerned shall take due account of the need not to endanger the safety of life at sea, the ship and the cargo or to prejudice the commercial interests and legal flag State or any other State.
6. The flag State may, consistent with its obligations under paragraph 1 of this article, subject its authorization to conditions to be mutually agreed between it and the requesting party, especially with regard to responsibility.
7. For the purposes of paragraphs 3 and 4 of this Article, the Parties shall respond promptly to requests from other Parties that find out if a ship that is flying its flag is entitled to do so, and to requests for authorization made he submitted pursuant to the provisions of paragraph 3. Each State, at the time of entering a party to this Convention, designate one or, if necessary, authorities to take charge of receiving such requests and respond to them . Such designation shall be made known, through the Secretary-General to all other Parties within one month of the designation.
8. The Party that has taken 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 entering into agreements or bilateral and regional arrangements to implement the provisions of this article or make them more effective.
10. The measures taken pursuant to paragraph 4 of this Article shall be carried out only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as ships or aircraft in government service and authorized to that end .
11. Any action taken in accordance with this Article shall take due account of the need not to interfere with the rights and obligations of coastal States or in the exercise of its jurisdiction, which are in conformity with international law of the sea, or undermine these rights , obligations or responsibilities.
ARTICLE 18. AREAS AND PORTS FRANCS.
1. Parties, to eliminate, in the zones and free ports, illicit trafficking in narcotic drugs, psychotropic substances and substances listed in Tables I and II take no less stringent than those applied in other parts of its territory.
2. The Parties shall endeavor;
A) To monitor the movement of goods and people in the zones and free ports, for which purpose enable relevant authorities to search cargoes and ships on arrival and departure, including pleasure craft and fishing boats, as well as aircraft and vehicles and, where appropriate, to search crew members and passengers and their baggage;
B) Establish and maintain a system to detect consignments suspected of containing narcotic drugs, psychotropic substances and substances listed in Tables I and II entering these areas or leaving them;
C) To establish and maintain surveillance systems in areas of the harbor and docks, airports and border control points zones and free ports.
ARTICLE 19. USE OF POSTAL SERVICES.
1. The Parties, in accordance with the obligations under the Conventions of the Universal Postal Union, and in accordance with the fundamental principles of their respective domestic legal systems, take measures to suppress the use of postal services for illicit trafficking and cooperate for this purpose.
2. The measures in paragraph 1 of this Article to include, in particular:
a) Co-ordinated action to prevent and suppress the use of postal services for illicit traffic;
B) Introduction and maintenance by personnel authorized law enforcement detection, investigation techniques and control postal aimed at detecting illicit consignments of narcotic drugs, psychotropic substances and substances listed in Tables I and II;
C) Legislative measures to enable use appropriate to the purpose of gathering the necessary evidence for judicial proceedings means.
ARTICLE 20. INFORMATION TO BE FURNISHED BY THE PARTIES.
1. The Parties shall furnish, through the Secretary General, information to the Commission on the operation of this Convention in their territories, and in particular:
a) The text of laws and regulations promulgated to give effect to the Convention;
B) Particulars of cases of illicit traffic within their jurisdiction which they consider important because of new trends disclosed, the quantities involved, the sources from which the substances or methods used by people engaged illicit trafficking.
2. The Parties shall furnish such information in the manner and on the date requested by the Commission.
ARTICLE 21. FUNCTIONS OF THE COMMISSION.
The Commission is authorized to consider all matters related to the objectives of this Convention, and in particular:
a) The Commission shall review the operation of this Convention, on the basis of information submitted by Parties in accordance with Article 20;
B) The Commission may make suggestions and general recommendations based on the examination of the information received from the Parties;
C) The Commission may draw the attention of the Board any matter relevant to the functions thereof;
D) The Commission shall take the measures it deems appropriate on any matter referred to it by the Board pursuant to subsection b) of paragraph 1 of Article 22;
E) The Commission, in accordance with the procedure laid down in Article 12, amend Table I and Table II;
F) The Commission may draw the attention of non-parties to decisions and recommendations taken pursuant to this Convention, so that these states consider the possibility of taking action in accordance with such decisions and recommendations.
ARTICLE 22. FUNCTIONS OF THE BOARD.
1. Without prejudice to the functions of the Commission under Article 21 and without prejudice to the functions of the Board and the Commission under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention: | || a) If, based on its review of the information available to it, the Secretary General or the Commission, or of information communicated by United Nations organs, the Board has reason to believe that do not meet objectives of this Convention in matters within its competence, the Board may invite a Party or Parties to furnish any relevant information;
B) With respect to Articles 12, 13 and 16:
i) after completing the procedure outlined in paragraph a) of this section, the Board may, if it deems necessary, ask the Party concerned to take the corrective measures that circumstances for compliance with the provisions of articles 12, 13 and 16;
Ii) before taking any action under iii) below, the Board treat as confidential its communications with the Party concerned under the preceding paragraphs:
iii) if the Board finds that the Party concerned has not taken the corrective measures have been asked under this paragraph may bring the matter to the attention of the Parties, the Council and the Commission. Any report published by the Board under this subparagraph shall also contain the views of the Party concerned if the latter so requests.
2. Any Party shall be invited to be represented at meetings of the Board in which it is to be considered in accordance with this Article an issue that affects them directly.
3. If a decision of the Board which is adopted under this article is not unanimous, in some cases, reflect the views of the minority left.
4. Decisions of the Board under this article shall be taken by a majority of two thirds of the total number of members of the Board.
5. In performing its functions in accordance with subparagraph a) of paragraph 1 of this Article, the Board shall ensure the confidentiality of any information that comes to its power.
6. The responsibility of the Board under this section shall not apply to the implementation of 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 the provisions of Article 32.
ARTICLE 23 REPORTS OF THE BOARD.
The Board shall prepare an annual report on its work in containing an analysis of the information available and, in appropriate cases, an account of the explanations, if any, given by the Parties or requested them, together with any observations and recommendations which the Board desires to make. The Board may make such additional reports as it deems necessary. The reports will be submitted to the Council through the Commission which may make such comments as it deems appropriate.
2. The reports of the Board shall be communicated to the Parties and subsequently published by the Secretary General. The Parties shall permit their unrestricted distribution of these reports.
ARTICLE 24. APPLICATION OF stricter measures THAN THOSE REQUIRED BY THIS CONVENTION.
The Parties may adopt more strict or stricter than those provided for in this Convention if, in its opinion, such measures are desirable or necessary to prevent or eliminate the illicit traffic.
ARTICLE 25. NO DEROGATION EFFECT OF PREVIOUS treaty rights and obligations.
The provisions of this Convention shall be without prejudice to the rights and obligations of the Parties to this Convention under the 1961 Convention, the 1961 Convention as amended and the 1971 Convention | ||
ARTICLE 26. SIGNATURE.
This Convention shall be open from 20 December 1988 until 28 February 1989 at the United Nations Office at Vienna, and then until 20 December 1989 at the Headquarters of the United Nations New York, for signature:
a) all States;
B) Namibia, represented by the United Nations Council for Namibia;
C) regional economic integration organizations that are competent to negotiate, conclude and implement international agreements on matters covered by this Convention, being applicable to these organizations within the limits of their competence references in this Convention become Parties, States or national services.
ARTICLE 27 RATIFICATION, ACCEPTANCE, APPROVAL OR ACT OF FORMAL CONFIRMATION.
1. This Convention is subject to ratification, acceptance or approval by States and by Namibia, represented by the Council of the United Nations for Namibia, and to acts of formal confirmation by regional economic integration organizations to which reference is made in the paragraph c) of article 26. the instruments of ratification, acceptance or approval and those relating to acts of formal confirmation shall be deposited with the Secretary General.
2. In their instruments of formal confirmation, regional economic integration organizations shall declare the extent of their competence with respect to matters governed by this Convention. These organizations shall also inform the Secretary General of any modification of the scope of their competence with respect to matters governed by this Convention.
ARTICLE 28. ACCESSION.
1. This Convention shall be open for accession by any State, by Namibia, represented by the United Nations Council for Namibia, and by regional economic integration organizations referred to in paragraph c) of Article 26. The 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 organizations shall declare the extent of their competence with respect to matters governed by this Convention. These organizations shall also inform the Secretary General of any modification of the scope of their competence with respect to matters governed by this Convention.
ARTICLE 29. ENTRY INTO FORCE.
1. This Convention shall enter into force on the ninetieth day following the date of deposit with the Secretary General of the twentieth instrument of ratification, acceptance, approval or accession by States or by Namibia, represented by the Council of the United Nations for Namibia .
2. For each State or for Namibia, represented by the Council of the United Nations for Namibia, ratifying, accepting, approving or acceding to it after the twentieth instrument of ratification, acceptance, approval or accession have been deposited this Convention the present Convention shall enter into force on the ninetieth day following the date on which such State or Namibia has deposited its instrument of ratification, acceptance, approval or accession.
3. For each regional economic integration organization referenced in subsection c) of Article 26, depositing an instrument relating to an act of formal confirmation or an instrument of accession, this Convention shall enter into force on the ninetieth day after becomes the date on which the deposit was made, or the date on which this Convention enters into force pursuant to paragraph 1 of this Article, whichever is later.
ARTICLE 30. DENUNCIATION.
1. Each of the Parties may at any time denounce this Convention by written to the Secretary General notice.
2. The denunciation shall take effect for the Party concerned one year after the date on which the notification is received by the Secretary General.
ARTICLE 31. AMENDMENTS.
1. Any Party may propose an amendment to this Convention. That Party shall communicate the text of any such amendment and the reasons therefor to the Secretary General who, in turn, communicate the proposed amendment to the other Parties and shall ask them whether they accept. In the event that the proposed amendment so circulated has not been rejected by any Party within twenty-four months of its distribution, it deemed that the amendment has been accepted and will enter into force for each Party ninety days after that Party has deposited with the Secretary-General an instrument expressing its consent to be bound by the amendment.
2. If a proposed amendment has been rejected by any Party, the Secretary General shall consult with the Parties and if most of them so requests, refer the matter, together with any comments that have been made by the Parties, for consideration Council, which may decide to call a conference in accordance with paragraph 4 of Article 62 of the United Nations Charter. The amendments resulting from this conference will be incorporated into a Protocol of Amendment. Consent to be bound by this Protocol shall be expressly notified the Secretary-General.
ARTICLE 32. DISPUTE.
1. In case of dispute concerning the interpretation or application of this Convention between two or more parties, they shall consult to resolve the conflict by negotiation, inquiry, mediation, conciliation, arbitration, recourse to regional bodies, judicial process or other peaceful means of their choice.
2. Any such dispute which can not be settled in the manner prescribed in paragraph 1 of this Article shall, at the request of any of the States Parties to the dispute, the decision of the International Court of Justice.
3. If one of the regional economic integration organizations, which referred to in subparagraph c) of paragraph 26, it is party to a dispute can not be settled in the manner prescribed in paragraph 1 of this Article, may by through a Member State of the United Nations, request the Council to request an advisory opinion from the International Court of Justice in accordance with Article 65 of the Statute of the Court, opinion to be considered decisive.
4. Any State may, at the time of signature or ratification, acceptance or approval of this Convention or accession thereto, or each regional economic integration organization at the time of signature or deposit of an act formal confirmation or accession, declare that it is considered not bound by paragraphs 2 and 3 of this Article. 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 which has made a declaration under paragraph 4 of this Article may be withdrawn at any time by notification to the Secretary General.
ARTICLE 33. AUTHENTIC TEXTS.
The Arabic, Chinese, Spanish, French, Russian and this Convention are equally authentic.
ARTICLE 34. DEPOSITARY.
The Secretary General is the depositary of this Convention.
In TESTIMONY WHEREOF the undersigned, being duly authorized thereto, have signed this Convention.
Done in Vienna, in a single original, this twentieth day of December in 1998. ANNEX
TABLE I TABLE II Lysergic Acid Acetone Anthranilic acid Ephedrine
Ergotamine ergometrine phenylacetic acid Acetic anhydride
1-phenyl-2-propanone ethyl ether
the salts of the substances
the salts of the substances listed in this Table whenever the existence of such salts is possible.
The salts of the substances listed in this Table whenever the existence of such salts is possible.
The undersigned Legal Secretary of the Ministry of Foreign Affairs
That this reproduction is true and complete copy of the certificate text taken from the "United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances" made in Vienna on December 20, 1988, which is on file of the Legal Secretariat of the Ministry.
Given in Bogota, DC, fifteen (15) days of October in 1992 (1992). MARTHA
HOPE WHEEL MERCHÁN Undersecretariat Legal
EXECUTIVE BRANCH PUBLIC POWER
PRESIDENCY OF THE REPUBLIC Santafe de Bogota, DC, October 15, 1992 Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
César Gaviria Trujillo Foreign Minister
Noemi Sanin RUBIO DECREES
ITEM 1A. Approval of the "Convention of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances" signed in Vienna on December 20, 1988, with the following reservations and declarations presented and which form an integral part of this law and that the Government of Colombia will make when depositing its instrument of ratification of the Convention by this Act is approved:
RESERVES 1. Colombia is not bound by the 3rd article., Paragraphs 6o. and 9th., and Article 6. of the Convention, being contrary to Article 35 of the Constitution regarding the ban on extraditing Colombians by birth.
2. Effective Jurisprudence
3. Colombia, under the 7th paragraph. the 5th article. of the Convention, it is not considered investment required to establish the burden of proof.
4. Colombia makes reservation to article 9, para. 1, letters b), c), d) and e) of the Convention, as it opposes the autonomy and independence of the judicial authorities for investigation and prosecution of offenses.
STATEMENTS. No part of the Convention may be interpreted as obliging Colombia to adopt legislative, judicial, administrative or other measures restricting or encroaching on the constitutional and legal system or go beyond treaties to which a contracting party to the Colombian State .
2. Colombia understands that the treatment that the Convention gives the cultivation of the coca leaf as a criminal offense should be harmonized with alternative development policy, taking into account the rights of indigenous communities involved and environmental protection. In the same vein, Colombia understands that the discriminatory, inequitable and restrictive treatment given to it in international markets for their agricultural exports, contributes nothing to control illicit crops because, on the contrary, it is because the social deterioration and ecological environment in the affected areas. Effective Jurisprudence
3. Colombia understands that the implementation of the 7th paragraph. the 3rd article. of the Convention shall be in accordance with the criminal justice system and taking into account the benefits of their policy of submission and collaboration of alleged criminals to justice.
4. A request for mutual legal assistance shall not be granted when the authorities of Colombia, including judicial, consider their award undermines the public interest or the constitutional or legal order. also it must observe the principle of reciprocity.
5. Colombia understands that the 8th paragraph. the 3rd article. of the Convention does not imply the applicability of criminal proceedings.
6. Article 24 of the Convention on "more strict or severe measures" can not be interpreted to give the government broader than those conferred by the Constitution of Colombia, even under states of emergency powers.
7. Colombia understands that the assistance provided for in Article 17 of the Convention only operate offshore and 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, in particular those of sovereign equality, territorial integrity and non-intervention, any act tending to kidnapping or unlawful deprivation of liberty of persons within the territory of a State bring them before the courts of another.
9. Colombia understands that the transfer of criminal proceedings referred to in Article 8. of the Convention, it will be made so that the constitutional guarantees of the rights of the defense are not infringed. Likewise, Colombia declares, in paragraph 10 tale of Article 6. of the Convention, the enforcement of foreign judgments, proceed under clause 2o. Article 35 of the Constitution and other constitutional and legal norms. Effective Jurisprudence
. Strict compliance with the provisions of the articles of the 7th law. 1944, the "Convention of the United Nations against illicit traffic in narcotic drugs and psychotropic substances", signed in Vienna on 20 December 1988 that this law was approved with reservations and declarations, definitely force the country from date perfect the international link regarding the same.
ARTICLE 3. This law applies from the date of publication.
Given in Bogota, DC, ..
César Gaviria Trujillo President of the Senate of the Republic,
TITO EDMUND WHEEL GUARIN,
The Secretary General of the Senate of the Republic
PUMAREJO PEDRO VEGA,
the president of the Chamber of Representatives,
CÉSAR PÉREZ GARCÍA,
the Secretary General of the Chamber of Representatives, DIEGO VIVAS
Republic of Colombia - National Government
communication and publication. Run prior review by the Constitutional Court in accordance with Article 241-10 of the Constitution.
Given in Bogota, DC, on the twenty (23) August in 1993 (1993)
César Gaviria Trujillo Minister of Foreign Affairs, Noemi Sanin RUBIO
The Minister of Justice, Andrés González Díaz