Convention On Laundering, Search And Confiscation Of The Proceeds From Crime

Original Language Title: Úmluva o praní, vyhledávání a konfiskaci výnosů ze zločinu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=45057&nr=33~2F1997~20Sb.&ft=txt

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.