33/1997.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 8 March. November 1990 was
in Strasbourg, adopted the Convention on laundering, search, seizure and
confiscation of the proceeds from crime.
On behalf of the United States, the Convention was signed in Strasbourg, on 18 July 2005.
December 1995.
With the Convention gave its assent, Parliament of the Czech Republic and the President of the
the Republic has ratified it. The ratification instrument of the Czech Republic was
deposited with the Secretary-General of the Council of Europe, the depositary of the Convention, on 19 December.
November 1996.
When ratifying the Convention was made the following statement:
"The central authorities within the meaning of article 23, paragraph 1. 1 of the Convention are:
-in the case of criminal proceedings, the Supreme Public Prosecutor's Office of the Czech
States in proceedings before the indictment and the Ministry of Justice
The United States in the proceedings after the filing of the indictment,
-in other cases, the Ministry of Finance of the Czech Republic. "
Convention entered into force, pursuant to article 36 paragraph 1. 3 on 1 January 2000.
September 1993. For the Czech Republic in accordance with paragraph 4 of the same article has entered
into force on 1 January 2000. March 1997.
Czech translation of the Convention shall be published at the same time.
CONVENTION
on laundering, search, seizure and confiscation of the proceeds from crime
The preamble to the
Member States of the Council of Europe and the other signatories of this Convention since
the aim of the Council of Europe is to realize a closer unity between its members,
convinced of the need to continue the common criminal policy
protecting the society,
due to the fact that the fight against serious crime, which is increasingly
more international issue, requires the use of modern and efficient
methods on an international level,
considering that one of these methods consists in the fact that the offender is
deprived of the proceeds of crimes,
Whereas, to achieve this objective must also be introduced
a satisfactory system of international cooperation,
They agreed to the following:
CHAPTER I
TERMINOLOGY
Article 1
Terminology
For the purposes of this Convention:
a. the term "proceeds" means any economic advantage derived from the
criminal offences. This may consist of property, as
It is defined in (b) of this article,
(b). the concept of "property" includes property of any nature, whether tangible or
intangible, movable or immovable, and legal documents or instruments also
showing permissions or interest in such property,
c. the term "resources" refers to any property in whole or in part
used or intended for use in any manner, for committing one
or criminal offences,
d. the term "confiscation" means a penalty or a measure ordered by a court
following proceedings which concern one or more criminal offences and
which leads to the permanent deprivation of property,
(e). the concept of "the offence" means any crime, in whose
as a result of income arise that could become the subject of criminal
the activities referred to in article 6 of this Convention.
CHAPTER II
THE ADOPTION OF MEASURES AT NATIONAL LEVEL
Article 2
Confiscation measures
1. each Party shall adopt legislative and other measures that will be
necessary to make it possible to confiscate assets and income or assets,
the value of which corresponds to such proceeds.
2. Each Party may, when signing or depositing its instrument of ratification,
ratification, acceptance, approval or accession by a declaration
addressed to the Secretary-General of the Council of Europe, declare that paragraph 1 of
This article applies only to offences or categories of offences
the acts specified in the Declaration.
Article 3
Investigative and provisional measures
Each Party shall take legislative and other measures that prove
necessary in order to detect and locate assets subject to
the confiscation referred to in article 2 (2). 1 and avoid all the shops with this
the property, the transfer or use.
Article 4
The special investigative powers and techniques
1. each Party shall adopt legislative and other measures that will be
necessary to the mandate of the courts or other competent authorities to
order the disclosure or seizure of Bank, financial or
business records in order to implement the measures referred to in articles 2
and (3). The party will be able to invoke bank secrecy in order to
reject the implementation of the provisions of this article.
2. each Party shall consider the adoption of legislative and other measures
will be necessary to ensure that allowed her to use special investigative
techniques to help you identify and search for yield, and also gathering
related evidence. These techniques may include commands to
the surveillance of bank accounts, observation, interception of telecommunications
communication, access to computer systems and commands for
certain documents.
Article 5
Legal remedies
Each Party shall take legislative and other measures that would be necessary
to ensure that interested parties, subject to the measures referred to in
articles 2 and 3, be made effective legal means to protect their
rights.
Article 6
The offences of laundering the proceeds of crime
1. each Party shall adopt legislative and other measures that will be
necessary to describe the negotiations as an offence in accordance with its
national law if the crime is committed intentionally, in the following
cases:
a. the conversion or transfer of assets, of which the one who commits it, knows that
the assets consist of proceeds, for the purpose of concealing or covering up
the illicit origin of the property or assist any person who is
involved in the perpetration of the criminal offence, to escape the legal
the consequences of their actions,
(b) concealing or covering up nature., origin, location, disposition,
movement or actual ownership of property or rights
related to it, for which the perpetrator knows that produce income; and subject to the
the constitutional principles and the basic concepts of the legal system by:
(c) the acquisition, possession or use of property, of which the one who takes it,
keeps or uses, knows at the time when it gets that creates revenue,
d. participate in any of the offences designated in accordance with this
Article, Association, organisation, experiments, guides, and advice on accessibility
relation to these offences.
2. For the purposes of the application or use of paragraph 1 of this article:
a. it does not matter whether the crime in question is or is not in the criminal
the powers of the parties,
(b). it may be provided that the offences referred to in this paragraph shall
do not apply to the perpetrator of the offence,
c. the necessary knowledge, intent or motivation, as the elements of one of the
the offences referred to in this paragraph, can be derived from
objective factual circumstances.
3. each party may adopt measures in accordance with their
national law considers it necessary to identify criminal
the character of all or some of the acts referred to in paragraph 1 in
any or all of the following cases where the offender:
a. should assume that the assets consist of yield,
b. acting for profit,
c. has acted in order to assist in the continuation of further criminal activity.
4. Each Party may, when signing or depositing its instrument of ratification,
ratification, acceptance, approval or accession by a declaration
addressed to the Secretary-General of the Council of Europe, declare that paragraph 1 of
This article only applies to the offences in question, or their
the category indicated in this statement.
CHAPTER III
INTERNATIONAL COOPERATION
Part 1
International cooperation policy
Article 7
General principles and measures for international cooperation
1. the Parties shall cooperate as far as possible in order to
investigation and control, which are aimed at the confiscation of funds and
revenue.
2. each Party shall adopt legislative and other measures that will be
necessary to ensure that, under the conditions referred to in this chapter
to which applications:
a. for the confiscation of certain parts of the property, consisting of in revenue and
and also about the confiscation of proceeds consisting in a request
pay a sum of money corresponding to the value of the proceeds,
b. for help for the investigation and implementation of provisional measures,
that aim one of the forms of confiscation referred to in (a) above.
Part 2
Mutual assistance for the investigation of
Article 8
Obligation to assist
The Parties shall, on request, provide the broadest possible mutual assistance to
identify and vysledovaly resources, income and other property subject to
the confiscation. This mutual assistance particularly in all measures
relating to the acquisition and protection of evidence relating to the existence of
the above property, its location or movement, the nature, the rule
statute or values.
Article 9
Implementation of mutual assistance
Mutual assistance referred to in article 8 shall be carried out in accordance with the
the national law of the requested Party and, according to him; in accordance with the procedure
the manner specified in the request, then only to the extent that it is compatible with this
national law.
Article 10
Immediate transmission of information
Without prejudice to its own investigations or proceedings, a party may
without prior request forward to another party information about resources and
revenue, if it is of the opinion that the communication of such information could
the receiving end of help to start or to successful leadership
investigations or proceedings, or might lead to a request by that party under the
of this chapter.
Part 3
Provisional measures
Article 11
The obligation to adopt interim measures
1. at the request of one party to the other party, which initiated criminal proceedings
or procedures for the purpose of confiscation, shall take provisional measures
are needed, as is a securing or seizure to prevent all
business relating to assets that could later be the subject of
the request for confiscation or that would allow compliance with such a request.
2. a party, which was served by a request for confiscation in accordance with article
13 and if so requested, shall adopt the measures referred to in paragraph 1 of this
article in relation to any property which is the subject of the request or
that would allow compliance with such a request.
Article 12
The implementation of provisional measures
1. the interim measures referred to in article 11 shall be implemented in accordance with the
the national law of the requested Party, according to him, in accordance with the procedures
specified in the application, if appropriate to the national law.
2. Before lifting any provisional measure taken in accordance with the
This article, the requested Party, the requesting party will allow to express
their reasons in favour of continuing the measure.
Part 4
Confiscation
Article 13
The obligation of confiscation
1. a party which has received from the other party a request for confiscation for
resources or of the proceeds on its territory:
and the decision on confiscation performs issued by a Court of the requesting party,
as regards the funds or income, or
(b). their competent authorities to this request, in order to achieve the release of
the decision on confiscation, and if it is released, it performs.
2. For the purposes of paragraph 1 (b). use of this article, each party has in the
If necessary, the power to institute proceedings for confiscation under their
national law.
3. The provisions of paragraph 1 of this article shall also apply to confiscation
consisting in the obligation to pay a sum of money corresponding to the value
of the proceeds, if the assets, which may be subject to confiscation, shall be
located on the territory of the requested Party. In such a case, the requested Party,
When as a result of non-payment of proceeds to confiscation pursuant to paragraph 1,
leave to enforce his claim for this purpose from any assets
that is available.
4. If a request for confiscation is touching certain parts of the property, the parties
may agree that the requested Party may proceed to the order
form of request for payment of a sum of money corresponding to the value
asset.
Article 14
Execution of confiscation
1. Procedures for the decision on confiscation and its implementation
pursuant to article 13 are governed by the law of the requested Party.
2. The requested Party is bound by the findings of the extent to
they are expressed in a conviction or judicial decision of the requesting party,
or to the extent that this decision based on them.
3. each party when signing or depositing its instrument of ratification,
instruments of acceptance, approval or accession a declaration may
addressed to the Secretary-General of the Council of Europe, declare that paragraph (2)
This article shall be carried out only in accordance with its constitutional principles and the
the basic concepts of its legal system.
4. If a confiscation consists in the obligation to pay a sum of money,
the competent authority of the requested Party converts the amount into the currency of your country
According to the rate applicable at the time when the decision on the implementation of
confiscation.
5. In the case referred to in article 13(2). 1. only the requesting party and has
the right to decide on any application for review of the decision on confiscation.
Article 15
Confiscated assets
The requested Party disposes of any property which, according to seize
their national law, unless the parties concerned agree about it
otherwise.
Article 16
Law enforcement and the maximum amount of confiscation
1. a request for confiscation made in accordance with article 13 shall not affect the right
the requesting party, to carry out a decision itself.
2. Nothing in this Convention shall not be construed so as to
to the total value of the confiscated property was higher than
the amount laid down by the decision on confiscation. If one party
finds that this could happen, the parties concerned shall accede to the
consultations, in order to avoid a similar result.
Article 17
Imprisonment for failure to fulfil the obligation
The requested Party shall not arrest a person for failure to comply with the undertaking or save
other measures restricting freedom on the basis of requests submitted in accordance
with article 13, provided that the requesting party stated in the request.
Part 5
Refusal and postponement of co-operation
Article 18
The grounds for refusal
1. Cooperation under this chapter may be refused if:
a. the required steps would be in conflict with the basic principles of the rule of
the order of the requested Party, or
(b) the request execution could undermine the sovereignty, security, public
order or other essential interests of the requested Party, or
c. the requested Party considers that the seriousness of the case, to which the
subject of the application, the nezdůvodňuje implementation of the required steps, or
d. the offence to which the request relates is a political or
a fiscal offence, or
e. the requested Party is of the opinion that the procedure would be against
the principle of ne bis in idem, or
f. an offence to which the request relates would not be an offence
According to the law of the requested party if committed on territory belonging to the
its jurisdiction. However, this ground for refusal applies to
the cooperation referred to in part 2 only in the extent to which the requested
mutual assistance includes enforcement measures.
2. the cooperation referred to in section 2, if required assistance includes
enforcement measures, as well as the cooperation provided for in part 3 of this chapter,
may also be refused in cases where the required measures should
could not be under the national law of the requested Party adopted for the purposes of
investigation or proceeding, if it were a similar national
case.
3. If required by the law of the requested Party, the cooperation referred to in
Part 2, to the extent that they required assistance includes law enforcement
the measures, as well as the cooperation provided for in part 3 of this chapter may also be
rejected if the measures or any other
analogue effects which are not permitted by the laws of the
the requesting party, or if it is the competent authorities of the requesting
the parties, if the application is not validated by a judge or other judicial
authority, including the authority of the public action held proceedings for crimes
deeds.
4. the cooperation referred to in section 4 of this chapter may also be refused
If:
a. rule of law of the requested Party does not have the possibility of confiscation for the kind of
of the offence to which the application relates, or
b. without prejudice to the obligations arising from article 13 para. 3, cooperation
It was against the principles of the domestic law of the requested Party, as regards the
limitation of the confiscation in relation to the links between an offence and:
i. economic advantage, which could be considered as its yield,
or
II. the property, which could be seen as its resource, or
c. the confiscation cannot be imposed or carried out according to the rule of law
the requested Party by reason of the limitation period, or
(d) the request does not apply to the previous conviction or decision
of the nature or the statements contained in this decision,
According to which it was committed one or more criminal offences and on whose
the basis was ordered, or confiscation is required, or
e. either the confiscation is not enforceable in the requesting party, or it is even
possible to apply the proper remedies or
(f) the request relates to confiscation resulting from the decision delivered in
the absence of the person against whom the judgment was given, and if, in the
the opinion of the requested Party, the requesting party to the proceeding that led to the
This decision, was unhappy with the minimum rights of defence
přiznávaným any person against whom an indictment is filed.
5. for the purposes of paragraph 4 (f). This article is not considered a decision
issued in absentia:
a. If it is confirmed or delivered after the person concerned filed an
the objection, or
b. it was granted on appeal, provided that the appeal was
submitted by the person concerned.
6. The requested Party for the purposes of paragraph 4 (f) of this article in the assessment.
the question of whether compliance with minimum rights of defence, taking into account the
the fact that the person concerned has deliberately sought to evade justice
or whether this person after she had the opportunity to appeal
against a ruling given in its absence, has chosen the option to
not to surrender.
7. A party may not invoke bank secrecy in order to justify
co-operation under this chapter. Party may require that the
request for cooperation, which would include the abolition of banking secrecy,
was verified by either a judge or another judicial authority, including the authority of the
public proceedings scheduled proceedings for offences, and in cases
When it requires the rule of law.
8. Without prejudice to the ground of refusal referred to in paragraph 1 and of this
Article:
a. the requested Party shall not invoke as barriers to the provision of assistance
under this chapter, that the fact that the person against whom the leads
investigation or a decision to confiscate the authorities of the requesting
the State is a legal person,
b. as obstacles to the provision of aid in accordance with article 13 para. 1
a. cannot be invoked or the fact that the natural person against whom
the decision on the confiscation of proceeds, subsequently died, or that
legal person against whom such a decision was later
cancelled.
Article 19
The postponement of the
The requested Party may postpone the implementation of the measures referred to in the request,
If such measures could be detrimental to the proceedings carried out by its
authorities.
Article 20
Partial and conditional compliance with the request
Before the requested party refuses or postpones cooperation in accordance with
This chapter examines, respectively, after consultation with the requesting
party, if he can grant the request partially or subject to the conditions that
It considers necessary.
Part 6
Notification and protection of the rights of third parties
Article 21
Notification of the contents of documents
1. the Parties shall provide each other with the broadest possible mutual assistance,
with regard to the service of judicial documents to persons covered by the
provisional and confiscation measures.
2. Nothing in this article is not an obstacle:
a. options to send judicial documents directly by post to persons who are
located abroad,
(b) the judicial officials of the options, civil servants or other
the competent authorities of the party of origin, to make delivery or
notification of judicial documents directly through the consular authorities
This party or through judicial officers, State
employees or other competent authorities of the party of destination,
with the proviso that the party of destination has made declarations to the contrary
the Secretary-General of the Council of Europe, when signing or depositing its instrument of ratification
of the Charter, ratification, acceptance, approval or accession.
3. in the service of judicial documents to persons abroad, to which the
subject to interim measures or a decision on confiscation ordered in
the sending party, this party shall inform the person concerned of the correction
the resources that exist in its legal system.
Article 22
The recognition of foreign decisions
1. The requested Party upon receipt of a request for cooperation in accordance with the wording of
sections 3 and 4 shall recognise any judicial decision taken in the requesting party,
as regards the rights, which rely on a third party.
2. recognition may be refused:
a. If a third party had sufficient opportunity to assert their rights,
or
b. If the decision is incompatible with a decision already given in
the requested Party on the same issue, or
c. If it is not compatible with public policy in the requested Party or
d. If the decision was issued in breach of the exclusive judicial
the powers provided for by the laws of the requested Party.
Part 7
Procedures and other general rules
Article 23
The central authority of
1. the Parties shall establish a central authority or, if necessary, more authorities
responsible for sending the application served in accordance with this chapter,
respond to them, logging or authorities which are
competent to execute them.
2. Each Party shall notify the Secretary-General of the Council of Europe, when signing
or store their instruments of ratification, acceptance, approval
the instrument of accession or the name and address of authorities in accordance with
paragraph 1 of this article.
Article 24
Direct contact
1. the central authorities directly meet among themselves.
2. in urgent cases, requests and communications may be laid down in this
Chapter directly sent to the judicial authorities, including public authorities
the action of the requesting party to the corresponding authorities of the requested Party. In
this case, one copy must be sent to the central authority of the
of the requested Party through the central authority of the requesting party.
3. any request or communication formulated under paragraphs 1 and 2 of this
Article may be submitted through an international organisation
the criminal police (Interpol).
4. If the request referred to in paragraph 2 of this article and, if
the authority which it has received, is not competent to deal with it, it passes it to the
the competent authority of their country and directly inform the requesting party.
5. Requests or communications submitted pursuant to section 2 of this chapter, which
do not include coercive measures can be passed directly to the competent
authority of the requesting party to the competent authority of the requested Party.
Article 25
Form of request and languages
1. Any request made under this chapter must be drawn up in writing. Is
allowed to use modern telecommunications means, such as fax.
2. subject to the provisions of paragraph 3 of this article shall not be required
translation of requests or attachments.
3. Each Party may, at the signature or deposit of its instrument of ratification
of the Charter, ratification, acceptance, approval or accession
the Declaration addressed to the Secretary General of the Council of Europe, reserve the
the right to require that requests and attachments were accompanied by a translation into the
its official language or one of the official languages of the Council of Europe or to the
the language specifies. Other parties may use the rule of reciprocity.
Article 26
Legalization
Documents transmitted pursuant to this chapter are exempted from all
legalizačních formalities.
Article 27
Content of the request
1. Any request for co-operation under this chapter shall specify:
a. the authority which made the request and the authority conducting the investigation or
management,
(b). the subject and reason for the request,
c. events including the relevant facts (such as the date, place and
the circumstances of the offence), to which the investigation or proceeding
apply, except requests for notification,
(d). If the cooperation includes enforcement measures,
i. text of the statutory provisions, or when this is not possible, a statement of
the relevant legislation, which were used,
II. a statement that the required or any other action that has a similar
the effect could be taken in the territory of the requesting party in accordance with the
its legislation,
e. If necessary, and possible, to:
i. the details concerning the person or persons concerned, including name, date of
and place of birth, nationality and the place where it is located
(there are), and if it is a legal person, its registered office, and
II. property in respect of which collaboration is required, its
the location of the binding, the person (s), all what is related to a criminal
offence, and also all the information that is available regarding
foreign interests related to this property, and
f. all special procedures, which the requesting party wishes to be.
2. If a request for provisional measures presented under part 3 applies to
the seizure of property that could be subject to a decision on confiscation of
of the obligation to pay a sum of money, in this application must
also be listed the maximum amount for which payment is required for this
asset.
3. in addition to the information in paragraph 1 each request formulated pursuant to section 4 shall
include:
a. in the case of article 13, paragraph 1. 1 and:
i. a certified copy of the decision on confiscation issued by a Court of the requesting
the parties and the reasons for that decision, if it is not mentioned in the
the decision,
II. confirmation from the competent authority of the requesting party, by which
the decision on confiscation is enforced and cannot be challenged by the full
remedies,
III. information relating to the extent to which a decision should be
done, and
IV. information relating to the need to adopt interim measures,
b. in the case of article 13, paragraph 1. 1 (b) clarification of the facts referred to.
the requesting party, that will be sufficient to allow the
the requested party to issue a decision in accordance with its national law,
c. If third parties were given the opportunity to claim rights, documents,
showing that this option really should.
Article 28
Applications errors
1. If the request is not in accordance with the provisions of this chapter, or
If the information provided is not sufficient to enable the
the requested party to issue a decision on the basis of the request, that party may
ask the requesting party to the request has changed or added
additional information.
2. the requested Party may set a deadline for the acceptance of such changes or
information.
3. the requested Party which expects adoption of the required changes or
information relating to an application made pursuant to section 4 of this chapter,
may take any measures referred to in sections 2 and 3 of this chapter.
Article 29
Tracked applications
1. If the requested Party Receives more than one request made under the
sections 3 and 4 of this chapter, related to the same person or the same
asset accumulation of requests will not prevent the requested Party, to discuss
the request, which shall include the adoption of provisional measures.
2. in the case of overlapping requests submitted pursuant to section 4 of this chapter
the requested Party shall examine the possibility of consultations with the applicant parties.
Article 30
Rationale for the obligation
The requested Party shall give reasons for any decision which rejects, postpones, or
obey the conditions of co-operation under this chapter.
Article 31
Information
1. The requested Party shall promptly inform the requesting party:
a. on the procedure, the implementation of which has been initiated pursuant to this chapter,
b. concerning the final result procedure carried out on the basis of the request,
c. the decision wholly or partly refuses, postpones or attaches to a
terms of cooperation under this chapter,
d. of all circumstances which make it impossible to perform the required steps
or where it is likely that could greatly delay, and
e. in the event of provisional measures taken in accordance with the request
set out in part 2 or 3 of this chapter, the provisions of those
their national law, that would automatically imply the abolition of
These measures.
2. the requesting Party shall notify the requested Party
a. of any review, decision or other facts that would completely
or partly meant the loss of the enforceability of the decision on confiscation,
(b). of any changes in fact or law, that would in the future
caused the undue nature of the procedures adopted pursuant to this chapter.
3. Where one party about the confiscation of property for more than one party on the basis of
the same decision on confiscation, the requests to inform all
the parties affected by the decision.
Article 32
Limited use
1. the requested Party may bind the implementation of application on condition that the acquired
information or evidence without prior approval will not be used
or transmitted to the authorities of the requesting party for the purposes of an investigation or other
control than are those that are specified in the request.
2. Each Party may, when signing or depositing its instrument of ratification,
ratification, acceptance, approval or accession by a declaration
addressed to the Secretary-General of the Council of Europe, declare that it delivered
information or evidence in this chapter will not be able to be free
prior approval of the used or transmitted to the authorities of the requesting party to
purposes other than for the investigation or proceedings to which it was requested.
Article 33
The confidentiality of
1. the requesting party may request from the requested party to own
the request and its contents kept confidential, subject to the measures
necessary to comply with it. If the requested Party cannot comply with the
This condition of confidentiality, it shall immediately inform the requesting party.
2. the requesting Party shall maintain in confidence, if requested, and
If it will not be against the basic principles of its domestic law,
all the evidence and information sent to the requested Party, except for its
communication to the extent necessary for the investigation or the proceedings as described in
request.
3. subject to the provisions of their national law, a party which
immediate information received pursuant to article 10, to meet
the requirements of confidentiality of the requested Party, which forwards the information.
If the other party cannot comply with such a request, it shall inform the
in the shortest period of time a party that her information passes.
Article 34
Expenditure
Ordinary expenses incurred in connection with the request shall be charged to
of the requested Party. If it will be necessary to spend to comply with a request
significant and extraordinary expenses, the Parties shall agree on the conditions under which
the request will be executed, and how these costs will be borne by.
Article 35
Damage
1. If an action in respect of liability for damages arising out of
any act or omission arising from the cooperation under this chapter,
the parties concerned shall consider mutual consultation and, if appropriate,
decide on the mutual share of damage.
2. a party that is sued for damages, shall endeavour to about
notify the other party if that party could have on the case
interest.
CHAPTER IV
FINAL PROVISIONS
Article 36
The signing and entry into force
1. this Convention is open for signature by the Member States of the Council of Europe and the
States which are not members and to participate in its development. These
States may express their consent to be bound by:
a. signature without reservation as regards ratification, acceptance, approval,
or
b. signature subject to ratification, acceptance or approval, followed by
ratification, acceptance or approval.
2. the instruments of ratification, acceptance or approval shall be deposited
with the Secretary-General of the Council of Europe.
3. this Convention shall enter into force on the first day following the
the expiry of the three-month period from the date on which three States, of which
at least two shall be Member States of the Council of Europe, have expressed their consent to be
bound by the Convention in accordance with the provisions of paragraph 1.
4. in respect of any signatory State, who later expressed their
consent to be bound by the Convention, this Convention shall enter into force on the first day of the
of the month following the expiration of the three-month period from the date of
the expression of its consent to be bound by the Convention in accordance with the provisions of
of paragraph 1.
Article 37
Access to the Convention
1. after the entry into force of this Convention, the Committee of Ministers of the Council of Europe will be
can, after consulting the Contracting States to the Convention, calling on all States,
which are not members of the Council of Europe to accede to this Convention,
the decision taken by the majority provided for in article 20 d of the Statute of the Council.
Europe and all of the votes of the representatives of the Contracting States entitled to sit
in the Committee.
2. for each acceding State Convention will enter into force on the first day
of the month following the expiration of the three-month period from the date of deposit
the instrument of accession with the Secretary-General of the Council of Europe.
Article 38
Territorial application
1. any State may, when signing or depositing its instrument of ratification, of the Charter of
acceptance, approval or accession will be able to specify one or more
territory to which this Convention shall perform.
2. Every State will be able to for any other later date extended
by a declaration addressed to the Secretary-General of the Council of Europe implementation of the
This Convention to any other territory specified in the Declaration. Convention
the entry in respect of that territory in force on the first day of the month
following the expiration of the three-month period from the date of acceptance of the Declaration
by the Secretary-General.
3. Any declaration made under the two preceding paragraphs may be
withdrawn, as regards the territory as referred to in this Declaration, notification
addressed to the Secretary-General. The revocation will take effect the first
day of the month following the expiration of the three-month period after the date of
receipt of the notification by the Secretary-General.
Article 39
Relationship to other conventions and agreements
1. this Convention shall not affect the rights and obligations arising from the
multilateral international conventions concerning specific issues.
2. the parties to the Convention will be able to conclude bilateral or
a multilateral agreement on matters covered by this Convention for
the purpose of supplementing or strengthening the provisions of this Convention or to facilitate the
application of its principles.
3. If two or more parties have already concluded an agreement or treaty
the subject matter covered by this Convention, or when adjusted their relationships in
This way, otherwise, they will be entitled to apply that agreement, contract
or arrangements instead of the Convention, if it facilitates international
cooperation.
Article 40
Reservations
1. Any State may, when signing or depositing its instrument of ratification,
ratification, acceptance, approval or accession, declare that it will apply one
or more of the reservations provided for in article 2 (2). 2, article 6, paragraph 2. 4, article
14. 3, article 21, paragraph 2. 2, article 25, paragraph 2. 3 and article 32 para. 2.
No other reservation may be made.
2. Any State which has made a reservation under the preceding paragraph, it may
revoke wholly or in part, that the Secretary-General of the Council
Europe of the notification. Revocation takes effect on the date when the General
the Secretary receives the notification.
3. A party which has made a reservation to the provisions of this Convention,
pursue the implementation of this provision by another party. May, if
the reservation is partial or conditional, to strive for the application of the provisions in the
the extent to which it itself has adopted.
Article 41
Changes
1. amendments to this Convention may be proposed by any party, and shall be
communicated to the Secretary General of the Council of Europe Member States of the Council of Europe and
any State which is not a member of, and which accesses or was invited to
has acceded to this Convention in accordance with the provisions of article 37.
2. any amendment proposed by a party shall be communicated to the European Committee
for criminal problems, which shall submit to the Committee of Ministers its opinion on the
proposed change.
3. the Committee of Ministers shall examine the proposed amendment and the opinion submitted by the
European Committee for criminal problems and may adopt the amendment.
4. the text of the whole of amendment adopted by the Council of Ministers, in accordance
with paragraph 3 of this article shall be forwarded to the parties for acceptance.
5. any amendment adopted in accordance with paragraph 3 of this article shall enter
into force on the thirtieth day after all parties have informed the
the Secretary, that have adopted this change.
Article 42
Resolution of disputes
1. the European Committee on criminal problems the Council of Europe will be informed of the
the interpretation and implementation of this Convention.
2. in the event of a dispute between the parties concerning the interpretation or application of this Convention
the Parties shall endeavour to achieve a resolution of the dispute through negotiation or any other
peaceful means of their choice, including submission of the dispute
The European Committee on criminal problems, an arbitration tribunal which
shall adopt a decision which will bind the parties to the dispute, or to the international
the Court of Justice, unless the parties concerned agree.
Article 43
Notice of termination
1. any party may at any time denounce the Convention,
that will send a notification to the Secretary-General of the Council of Europe.
2. Denunciation shall take effect on the first day of the month following the
the expiry of the three-month period from the date on which the Secretary-General receives the
the notification.
3. this Convention shall nevertheless continue to apply during the performance of confiscation referred to in
Article 14, which is required in accordance with its provisions, than
denunciation shall take effect.
Article 44
Notification
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and the
all States which accede to this Convention
a. any signature,
b. the deposit of any instrument of ratification, acceptance, approval
or accession,
c. any date of entry into force of this Convention in accordance with its articles
36 and 37,
d. each reservation in accordance with article 40, paragraph 1. 1,
e. any other measures, notification or communication relating to this
The Convention.
In witness whereof, the undersigned, duly empowered to this effect, have signed the
This Convention.
Given in Strasbourg, 8. day of the month of November 1990 in English and
the French language, both of which the lyrics are original, in one
copy to be deposited in the archives of the Council of Europe. Secretary-general Of The Council
Europe shall transmit certified copies to each Member State of the Council of Europe,
non-Member States which have participated in the elaboration of this Convention, and
each State, who will be invited to give to her.
