462/1991.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs declares that on 20 April. December
1988 was negotiated in Vienna, the United Nations Convention against
illicit traffic in narcotic drugs and psychotropic substances. On behalf of the
The Czechoslovak Socialist Republic, the Convention was signed in New
York on 7. December 1989.
With the Convention have expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the President of the Czech and Slovak Federal
The Republic has ratified it. The ratification instrument was deposited with the
the Secretary-General of the United Nations, the depositary of the Convention,
on 4 April 2006. June 1991.
Convention entered into force, pursuant to article 29, paragraph 1. 1 day 11.
November 1990. For the Czech and Slovak Federal Republic has entered
into force in accordance with its article 29, paragraph 1. 2 day 2. September 1991.
Czech translation of the Convention shall be published at the same time.
CONVENTION
The United Nations against illicit traffic in narcotic drugs and
psychotropic substances
The Contracting Parties to this Convention,
deeply concerned about the scale and rising trend of illegal production,
demand and trafficking in narcotic drugs and psychotropic substances, which
constitute a serious risk to the health and well-being of the people and adversely affect the
economic, cultural and political foundations of society,
deeply concerned at the still increasing also the proliferation of illegal
trafficking in narcotic drugs and psychotropic substances between the different social
groups and, in particular, by the fact that in many regions of the world are abused
children as consumers of illicit narcotic drugs and psychotropic substances and
they are also abused for their illicit production and trafficking, which
represents a great danger,
Recognizing the link between illicit trafficking and other forms of
organised crime associated with it, which undermines legal
the economy and threatens the stability, security and sovereignty of States,
Recognizing also that illicit trade is an international
criminal activity, the Suppression of which demands urgent and overriding
attention,
Mindful that illicit trade provides large revenues and is
source of significant assets, which allows the international criminal
organizations to penetrate into government structures, and undermine these degrade,
to legitimate business and financial activities, and to the society at all
its levels,
being firmly determined to deprive persons engaged in illegal
trade on their profits and thus to liquidate their main driving motive,
anxious to remove the basic causes of the abuse of narcotic drugs and
psychotropic substances, including the illicit demand for drugs
as well as huge profits resulting from this illicit trade,
considering that the control measures are necessary for certain substances,
including those that contain the precursors, chemicals and solvents,
used in the illicit manufacture of narcotic drugs and psychotropic substances, the
easy availability has led to increasing the production of narcotic drugs and illicit
psychotropic substances,
aiming to improve international cooperation in the Suppression of
the illicit trade on the sea,
Recognizing that the liquidation of the illegal narcotics trafficking is the collective
the duty of all States, and for this purpose, the necessary coordination of efforts in
the framework of international cooperation,
Recognizing the jurisdiction of the United Nations in the field of control
narcotic drugs and psychotropic substances and desirous of international authorities
active in the field of control operate in the framework of this organization,
Reaffirming the guiding principles of the existing treaties on the control of
narcotic drugs and psychotropic substances and the control system
represent,
Recognizing the need to reinforce and complement the measures provided the single
Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol
to complement the single Convention on Narcotic Drugs and the Convention on the
psychotropic substances, 1971 in an effort to counter the severity, extent, and
the complexity of the illicit trafficking in narcotic drugs and psychotropic substances and
its serious consequences,
Affirming the importance of the importance of consolidating and strengthening effective legal
the means of international cooperation in the legal field to curb
international crime, the illicit trade in
the narcotics trade,
Desiring to conclude a comprehensive, effective and operative International Convention,
oriented in particular the fight against illegal trade, which takes into
account of the various aspects of this issue in its entirety, in particular those
that were not foreseen by the existing treaties on the control of narcotic drugs and
psychotropic substances,
have agreed as follows:
Article 1
The definition of the
With the exception of those cases where it is expressly stated otherwise, or where it
requires a link to the following terms in the Convention below
referred to the importance of:
and "the Office") means the International Narcotics Control Board,
created on the basis of the single Convention on Narcotic Drugs of 1961 and the
This Convention with additions that were brought to it in accordance with the Protocol
from 1972 a complementary Single Convention on narcotic drugs, 1961;
(b) "Cannabis Plant") denotes any of the plant genus Cannabis;
(c)) "Cocaine shrub" refers to a plant of any kind in the genus
Erythroxylon;
d) "commercial carrier" means any person or any
public, private, or any other organization that is engaged in the transportation of persons,
goods or mail for any reimbursement;
e) "Commission" means the Commission on Narcotic Drugs on economic and social
the Council of the United Nations;
f) "Confiscation", which includes forfeiture where applicable,
means the definitive seizure of property on the basis of the decision of the Court or
another competent authority;
g) "Monitored the shipment" means a procedure where it is allowed to export, transit
or the importation of illicit or suspect consignments of
narcotic drugs and psychotropic substances and substances listed in table I or II in the
the annex to this Convention, and, where appropriate, alternative means on the territory of the
one or more States with the knowledge and under the supervision of their
the competent authorities in order to detect people in violation of the law that
are marked in accordance with paragraph 1 of article 3 of this Convention;
h) "1961 Convention" means the single Convention on narcotic drugs,
in 1961;
I) "1961 Convention with Add-ons" means the single Convention on narcotic drugs
substances of 1961, as amended by the 1972 Protocol additional
The single Convention on Narcotic Drugs of 1961;
j) "1971 Convention" means the Convention on psychotropic substances of
1971;
the "Council") is the economic and Social Council of the United Nations;
l) "freezing" or "attachment" means the temporary prohibition of the transfer, conversion,
disposition or movement of property or temporary attachment or
the introduction of the control of property on the basis of regulations issued by a court or
by the competent authority;
m) "illicit trafficking" means the Act referred to in paragraphs
1 and 2 of article 3 of this Convention;
n) "narcotic" means any natural or synthetic substance
referred to in lists I and II of the single Convention on Narcotic Drugs of the year
in 1961, and that Convention with add-ins;
o) "Opium poppy" is a plant of the species Papaver somniferum L.;
p) "Proceeds" means any property obtained directly or indirectly
as a result of violation of rights within the meaning of paragraph 1. 1 article 3;
r) "property" means things of any kind, material or immaterial, movable
or immovable, tangible or intangible, and legal documents or
the documents establishing the right to such assets or participation in it;
with) "Psychotropic substance" is any natural or synthetic substance or
any natural material in schedules I, II, III, and IV of the Convention of
in 1971;
t) "the Secretary-General" is the Secretary-General of the United
Nations;
u) "table I" and "II" are numbered lists of substances by analogy
referred to in the annex to the existing conventions, to which you can continuously be brought into
accessories in accordance with article 12;
in) "transit State" is the State through whose territory they are outweighed by the narcotic and
psychotropic substances and substances listed in table I and table II which is not
the place of origin or final destination of such substances.
Article 2
The scope of application of the Convention
1. the objective of this Convention is to contribute to the cooperation between the Contracting Parties,
in order to more effectively solve various problems of illicit trafficking in narcotic drugs
and psychotropic substances, which has an international character. In the performance of
its obligations under the Convention, the Contracting Parties shall take necessary measures,
including legislative and organizational, in accordance with the essential
the provisions of their national legal systems.
2. the Contracting Parties shall carry out their obligations under this Convention in accordance with the
the principles of sovereign equality and territorial integrity of States and the principle of
non-interference in the internal affairs of other States.
3. the Contracting Party in the territory of another party shall not exercise the power and function,
that fall exclusively within the competence of the authorities of the other party in accordance
with its national legislation.
Article 3
Offences and penalties
1. each Contracting Party shall take such measures as may be
necessary to ensure that such offences under its criminal law
were established, when committed intentionally:
and)
even) the production, manufacture, extraction, preparation, offering, offering for
sale, distribution, sale, delivery on any terms,
trafficking, transport, transit, transport, import or export of
any narcotic or psychotropic substances, infringing the provisions of the Convention
of 1961, the Convention of 1961 with Add-ons, or the 1971 Convention;
(ii)) the cultivation of opium poppy, cocaine or Cannabis plant for shrubs
the production of narcotic drugs contrary to the provisions of the 1990 Convention
in 1961, and that Convention with add-ins;
III) possession of, or purchase of any narcotic drugs or psychotropic substances
for the purpose of any of the activities referred to above in subparagraph (i);
IV) the manufacture, transport or distribution of equipment, materials or substances
listed in table I and table II, knowing that they are intended
for use with the aim of illegal cultivation, production or manufacture of
narcotic drugs or psychotropic substances;
in the organisation, control, or) financing of any of the offences
referred to in subparagraphs (ii), (iii) or (iv);
(b))
I) conversion or transfer of property, knowing that such property was
obtained as a result of any criminal offence or criminal offences,
marked as such in accordance with subparagraph (a) of this paragraph,
possibly as a result of participation in a criminal offence or offences under the
to conceal or concealment of illegal sources of income, or for the purpose of
provide assistance to any person participating in criminal
offence or offences, in order to avoid liability for your
acts;
II) conceal or disguise the nature, sources, places where it is located,
the method of dissemination, transfer, rights to property, including the right of ownership,
If it is known that such property has been acquired as a result of the crime
or criminal acts and that, as such, have been established in accordance with the
subparagraph (a) of this paragraph, possibly as a result of participation in this
the crime or the criminal offences;
(c)), subject to its constitutional principles and the basic principles of their
legal system:
I) the acquisition, possession or use of property, if at the time of its acquisition, it was
known, that such property was acquired as a result of the offence, or
the offences, which have been established as such in accordance with the
subparagraph (a) of this paragraph or as a result of participation in this
the crime or the criminal offences;
II) holdings of equipment or materials, or substances listed in table I and
Table II, if it is known that are used, or are intended to be
the illicit cultivation, production or manufacture of any narcotic drugs
or psychotropic substances;
III) public incitement or solicitation of others by any
the means to commit any of the offences designated as
such in this article, or to the illicit use of narcotic drugs or
psychotropic substances;
IV) participation, conspiracy, conspiracy to commit a crime or acts which
they are listed in this article, attempts to dokonání such a crime
or acts, aiding, inciting, guidance and advice to commit
of the offence.
2. subject to its constitutional principles and the basic principles of their
the legal system, each Party shall adopt such measures as may
be necessary to mention for offences under its own legal system,
If performed intentionally, the possession, acquisition or growing
any narcotic drugs or psychotropic substances for personal use when
violation of the Convention of 1961, the Convention of 1961 with additions or Convention
in 1971.
3. The intention, intent or purpose as elements of an offence referred to in paragraph 1
This article may be established on the basis of objective factual
circumstances.
4.
and) each Party determines that for committing the offences referred to in
paragraph 1 of this article shall be laid down punishments that will be taken in the
account of the serious nature of these offences, such as imprisonment or other
forms of deprivation of liberty, pecuniary sanctions and confiscation.
(b)) the parties may provide, in addition to the prosecution and punishment of the
the offender will be subject to such measures such as treatment, education,
after-care, rehabilitation or resocialization.
c) without prejudice to the provisions of the previous paragraphs, in certain
cases of less serious nature, the parties may stipulate, as
In addition to the prosecution or punishment of the alternative measures, such as
education, rehabilitation or resocialization as well as-if the offender
beneficiary of the drugs-treatment and after-care.
(d)) the Contracting Parties may provide for the prosecution or punishment of a place,
or as a complement to the prosecution or the punishment for the crime, which
It is identified as such in accordance with paragraph 2 of this article, measures for the
treatment, education, after-care, rehabilitation or resocialization
the offender.
5. the Contracting Parties shall ensure that their courts and other competent authorities,
that have jurisdiction, could take into account the factual circumstances which
can cause the committing of offences that are as such
identified in paragraph 1 of this article, it will be particularly serious, such as:
and) participation in the Commission of an offence under the organised criminal
the group to which the offender belongs;
(b) the involvement of the offender in the other) the internationally organised crime
activities;
(c) the involvement of the offender) to other illegal activities, allowed by the
committing a criminal offence;
(d) the use of violence or weapons) of the offender;
(e)), the fact that the offender holds a public office and that the offence
related to this Office;
(f)) or abuse of minors;
(g)), the fact that the offence was committed in a correctional or school
device, or a public facility or in their immediate
near or on other sites that use the pupils or students
for a school, sports or social activities;
h) previous convictions, mainly for committing similar crimes either
been abroad or in their country to the extent that the laws of the
the Contracting Parties.
6. the Contracting Parties shall endeavour to make discretionary rights according to their
laws that apply to criminal prosecution of persons for committing the
the offences designated as such in accordance with this article, the
exercised to maximize the effectiveness of law enforcement measures
for these crimes, as well as the urgent need to prevent
such offences.
7. the Contracting Parties shall ensure that their courts or other competent authorities of the
take into account the serious nature of the offences referred to in paragraph 1
This article, as well as the circumstances referred to in paragraph 5 of this article
When considering the possibility of an earlier release or non-acceptance of guarantee
a person convicted of such offences.
8. each Party shall lay down, where necessary, in accordance with its
the laws of an extended limitation period for prosecution
any offence, designated as such in accordance with paragraph 1
of this article and to extend the limitation period in cases where the
the assumed perpetrator escapes from justice.
9. Each Party shall adopt, in accordance with the laws of the
measures to ensure that the person charged or convicted of a criminal
the Act referred to in paragraph 1 of this article, which is located in its territory,
He reports to the criminal proceedings.
10. With a view to cooperation between the Contracting Parties under this Convention,
in particular, the cooperation referred to in articles 5, 6, 7 and 9 are not offences in
accordance with this article be considered as offences of a financial or
political, or regarded as politically motivated offences, without
would be violated constitutional restrictions and the basics of the legal order of the Contracting
party.
11. Nothing in this article shall not affect the principle that the definition of
the offences referred to in this article, the right to national law
the Contracting Parties, and that such offences shall be prosecuted and punished in the
accordance with this law.
Article 4
The jurisdiction of the
1. Each Party shall:
and) will take steps which may be necessary to ensure that
She founded its jurisdiction over the offences established in accordance
with paragraph 1 of article 3 in cases where:
even) the offence was committed in its territory;
(ii)) the offence has been committed on board a vessel flying its flag
or aircraft registered under its laws at the time of
Commission of the offence;
b) may take such measures as may be necessary to ensure that
She founded its jurisdiction over the offences established in accordance
with paragraph 1 of article 3, if:
even) the offence has been committed against its citizen or by a person that has its
permanent residence in its territory;
(ii)) the offence has been committed on board a vessel to which this Contracting
the party was empowered to adopt the measures referred to in article 17, provided that this
jurisdiction will be exercised only on the basis of agreements or arrangements in
the meaning of paragraphs 4 and 9 of this article;
III) the offence is one of the offences defined as such
under subparagraph (c) (iv) of paragraph 1 of article 3 and was committed outside its
territory for the purpose of a subsequent commit a crime on its territory
provided for under paragraph 1 of article 3.
2. Each Party shall:
and also such measures) will take, which may be necessary to ensure that
She founded its jurisdiction over the offences designated in accordance with
paragraph 1 of article 3, if the alleged perpetrator is on its
territory and is not extradited to another Contracting Party on the ground that the
even) the offence was committed in its territory or on board a ship, sailing
its flag or aircraft registered under its
rights at the time of committing the offence, or
(ii)) the offence has been committed it is a citizen;
b) may also take the necessary measures, which may be necessary to
ensure that based its jurisdiction over the offences established by the
in accordance with paragraph 1 of article 3, if the alleged perpetrator is
in its territory and is not extradited to another party.
3. this Convention does not exclude any criminal jurisdiction provided for
a Contracting Party in accordance with its legal system.
Article 5
Confiscation
1. each Contracting Party shall take the necessary measures to confiscate:
and the proceeds derived from) the offences referred to in paragraph 1
Article 3, or property whose value corresponds to such výtěžkům;
(b)) of the narcotic and psychotropic substances, materials or devices, or
other means used or intended for use in any way in the
committing the offences established under paragraph 1 of article 3.
2. each Contracting Party shall take the necessary measures also to
the competent authorities to identify, trace, freeze or
seize the proceeds, property, funds or other items
referred to in paragraph 1 of this article, for the purpose of eventual confiscation.
3. In order to implement the measures referred to in this article shall empower any
the party of the courts or other competent authorities to order that Bank,
financial or commercial records be made available or be seized.
The contractor will not refuse to follow the provisions of this paragraph with the
citing the need to protect because of bank secrecy.
4.
and other on request) the Contracting Party which has jurisdiction over the
the offence laid down in article 3 paragraph 1, a Contracting Party to
where are the gains, property, objects, or other things
referred to in paragraph 1 of this article:
I) shall submit an application for the purpose of issuing the confiscation order for their
the competent authorities, and, if such an order is issued, shall ensure its performance;
or
II) refer to their respective authorities a confiscation order issued
the requesting contracting party in accordance with paragraph 1, for the purpose of enforcement in that
the range, which will apply to proceeds, property, equipment or other things
referred to in paragraph 1, which are located on the territory of the requested Contracting
party.
(b)) on the basis of the applications submitted by another Contracting Party in accordance with this article,
that has jurisdiction over a criminal offence established in accordance with article 3 of
paragraph 1, the requested Party shall take measures to ensure that
identify, monitor, freeze or seize proceeds, property,
objects or any other things referred to in paragraph 1 of this article, in order to
the eventual confiscation to be ordered either by the requesting contracting party
or, on the basis of the request referred to in subparagraph (a) of this paragraph,
the requested Contracting Party.
(c) where appropriate, measures) decision, as provided for in subparagraphs (a) and (b)
This paragraph, accepts the requested Contracting Party in accordance with the
the provisions of the law and its procedural rules or with
bilateral or multilateral treaties, agreements or arrangements
that can bind the requesting contracting party.
(d)) the provisions of paragraphs 6-7 of article 7, shall be mutatis mutandis.
In addition to the information referred to in paragraph 10 of article 7, the application
submitted pursuant to this article shall contain:
I) in the case of the application referred to in subparagraph (a) (i) of this article, a description of the
assets subject to confiscation and putting the facts to which it refers
the requesting contracting party, and which are sufficient to ensure that the requested
a Contracting Party may issue a decision in accordance with its legal regulations;
II) in the case of the application referred to in subparagraph (a) (ii) a certified copy of
the decision on confiscation issued by the requesting contracting party, on which the
the request is based, where applicable, a declaration stating the facts and information about
the scope of the requested enforcement;
III) in the case of the application referred to in subparagraph (b) an indication of the facts, on the
that refers to the requesting contracting party, and a description of the proposed
measures.
e) each Party shall submit to the Secretary-General their lyrics
laws and regulations for the implementation of this paragraph, as well as the texts of the subsequent
changes to these laws and regulations.
(f)) if the Contracting Party is subject to the adoption of the measures referred to
in subparagraphs (a) and (b) of this paragraph by the existence of the contract,
the Contracting Party will then consider this Convention the necessary and sufficient for
contractual basis.
(g)) the Contracting Parties shall endeavour to conclude bilateral or
multilateral treaties, agreements or arrangements in order to increase
the effectiveness of international cooperation pursuant to this article.
5.
and) the Contracting Party that has made the confiscation of proceeds or property
pursuant to paragraph 1 or 4 of this article, has them in accordance with the
its domestic law and administrative procedures.
(b)) the procedure at the request of another Contracting Party in accordance with this
Article, the contractor may consider the negotiation of contracts:
(I)) on the assignment of the value of such proceeds and property, or funds
obtained from the sale of such proceeds or property, or a substantial
part of international bodies dedicated to the Suppression of illicit
trafficking in narcotic drugs and psychotropic substances and their abuse;
(ii)) of the distribution, on a regular or case by case basis, such proceeds
or property, or funds derived from the sale of such proceeds or
assets with other Contracting Parties, in the manner laid down by their
legal or administrative procedures or bilateral or
multilateral agreements concluded for this purpose.
6.
and if the proceeds were transferred) or transformed into other assets, apply
the measures referred to in this article on the asset, not the
recoveries.
(b) If proceeds have been mixed) with the property acquired from legitimate sources,
These assets shall be subject to confiscation in the range of the corresponding estimated
the value of the commingled proceeds, without prejudice to the privileges to seizure
or freeze.
(c)) for the acquisition of other profits, whose resources are:
I) recoveries,
(ii)), in which the assets were transferred or converted proceeds or
III) yields, mixed with assets
It is also subject to the measures referred to in this article, in the same way
and to the same extent as for gains.
7. each Contracting Party may consider the possibility of securing the transfer of
the burden of proof of legal acquisition of the anticipated net proceeds or other
property subject to confiscation, to the extent that such measures would be
in accordance with its domestic law and with the nature of judicial and
another control.
8. the provisions of this article shall not be interpreted to the detriment of the rights obtained
bona fide third parties.
9. Nothing in this article shall affect the principle that the measures
that modifies will be defined and implemented in accordance with national
the law of the Contracting Party and within the conditions laid down by this law.
Article 6
The issue of
1. This article shall apply to the offences provided for by the parties
in accordance with article 3, paragraph 1.
2. any offence to which this article applies shall, will
for an offence included in any extradition treaty existing
between the Contracting Parties, as a criminal offence, the offender shall be subject to the
release. The Contracting Parties undertake to include such offences to
each treaty on extradition, which between them will be closed, as the
the perpetrators of the crimes subject to extradition.
3. If a party that makes extradition
the existence of a treaty receives a request for extradition from another Contracting
the party, which does not have an agreement on the issue, may be put to the
The Convention as the legal basis for the extradition of any of the
the crime, to which this article applies. Contracting Parties which require
the detailed rules of application of this Convention as a legal basis
for extradition, shall examine the possibility of adopting the necessary legal
regulations.
4. the Contracting Parties shall not subject the extradition by the existence of
the Treaty shall recognise the offences to which this article applies shall, for the
crimes that can result in a mutual release.
5. Extradition will take place in accordance with the conditions
laid down in the national law of the requested Contracting Party or
the relevant treaties on extradition, including the grounds on which the
the requested Party may refuse to release.
6. In the assessment of the applications received in accordance with this article may
the requested Contracting Party to refuse to meet such requests, if
There are compelling reasons to allow its judicial or other competent
authorities believe that facilitate the prosecution or punishment of
any person on the basis of her race, religion, citizenship or
political belief, or from any of these causes of harm
the person to whom the application relates to.
7. the Contracting Parties shall make efforts to keep the crimes to which the
covered by this article, to speed up extradition procedures and
simplify with it requirements for the submission of evidence.
8. Taking into account the provisions of their national law and contracts
extradition after the Contracting Party is satisfied that it
circumstances require having urgent nature, as well as at the request of the requesting
Parties may impose on a person that is required, which is located on the
territory, binding, or take other appropriate measures to ensure its
the presence of the proceedings on the issue.
9. without prejudice to the exercise of any criminal jurisdiction established in the
accordance with its national law, the Contracting Party in whose territory the
the alleged perpetrator is:
and if it does not extradite) in connection with a criminal offence set out in
accordance with article 3, paragraph 1 on the basis of the reasons set out in article 4
paragraph 2a), refer the case to its competent authorities for the purpose of
criminal prosecution, if the requesting contracting party has not agreed
otherwise;
(b)) if it issued in connection with such an offence, in respect of
which based its jurisdiction in accordance with article 4, paragraph 2, subparagraph
(b) refer the case to the competent authorities for criminal prosecution, if
the requesting contracting party does not require something different for conservation purposes
their jurisdiction.
10. If extradition, is required in order to exercise
judgment, rejected on the grounds that the offender is a citizen of the requested Contracting
the Parties shall assess the requested Contracting Party-if its law so permits
and in accordance with its own rules at the request of the requesting contracting party
the question of enforcement of the judgment or the rest of the judgment that was
handed down, in accordance with the national law of the requested Contracting Party.
11. the Contracting Parties shall consider the conclusion of bilateral or multilateral
contracts, in order to enhance the effectiveness of extradition.
12. the Contracting Parties shall consider the conclusion of bilateral or multilateral
contracts, either from case to case or in General, in order to facilitate
the transfer of persons sentenced to imprisonment or other punishment for
the offences covered by this article, to their country, in order to
able to carry out their sentences.
Article 7
Mutual legal assistance
1. the Contracting Parties shall provide each other with assistance in the broadest
scale, in accordance with this article, in the investigation, prosecution and
judicial conduct, which applies to offences set out in article 3
(1).
2. Mutual legal assistance to be granted in accordance with this article may be
required in order to:
and the taking of evidence or testimony) from people;
(b)) to the service of judicial documents;
(c) the execution of searches and ensure) property;
d) scan of objects and places;
(e)) the provision of information and evidence;
(f)) the provision of documents, or certified copies of the originals of the relevant
documents and materials, including Bank, financial documents,
corporate or business;
g) identification and selection of proceeds, property, funds and other
objects for the purpose of the taking of evidence.
3. the Contracting Parties may mutually provide legal assistance in another
form within the law of the requested Contracting Party.
4. at the request of the Contracting Parties shall facilitate or encourage, if allowed by the
their law and practice, the presence or availability of persons, including
those that are in custody, if it agrees to provide assistance in
investigation or to participate in the proceedings.
5. the contractor will not refuse the provision of legal assistance in accordance with this
Article, citing banking secrecy.
6. the provisions of this article shall not affect the obligations arising from
any other bilateral or multilateral treaties, which
modify or edit, totally or partially, the provision
mutual legal assistance in criminal matters.
7. paragraphs 8 to 19 of this article shall apply to applications submitted to the
the basis of this article, if appropriate, the Contracting Parties are not bound by
the other agreement on mutual legal assistance. If these parties are
bound by other agreement, apply the relevant provisions of this agreement,
If the Contracting Parties have not agreed on the application of paragraphs 8 to 19 of this
article instead of that agreement.
8. each Party shall designate an authority, or when necessary authorities,
that will be required and empowered to deal with requests for the provision of
legal aid, or to proceed to the execution of the relevant authorities.
The authority or authorities entrusted for this purpose will be informed
the Secretary General. Referral of requests for the provision of mutual legal
help, or any messages that refer to them, shall be carried out
between the authorities designated by the Contracting Parties; This provision does not prejudice the
the law of a Contracting Party to require that such requests and messages have been
be transmitted through the diplomatic channel and, in exceptional circumstances
through the International Criminal Police Organization, if it is
possible.
9. Requests shall be made in writing in a language accepted by the
the requested Party. About the language or languages acceptable to each
a Contracting Party shall be informed by the Secretary-General. In emergency
cases and in the case of agreement between the parties with a similar application
can do the oral form, however we will confirm in writing.
10. A request for mutual legal assistance shall contain:
and) information about the authority that the application is made,
(b) the nature of the problem and the nature of) investigation, prosecution, or
judicial proceedings to which the request relates, and the name and function
the authority that such an investigation, prosecution or judicial
the hearing shall,
(c)) a short interpretation of the relevant facts, except for those relating to
familiarity with court materials
(d) a description of the assistance required) and detailed information about any specific
procedure, the application of the requesting party's wishes,
e) according to the data of the person option, place of residence and citizenship of the
of the person,
(f)) the purpose of the gathering of evidence, information or action.
11. The requested Party may request additional information if
This information is required for the execution of the request in accordance with its
national law, or where such information can facilitate the settlement of the
request.
12. the request shall be handled in accordance with the national law of the requested
the Contracting Parties and in the range of neodporujícím to the national law of the
the Contracting Parties according to the options in accordance with the procedural requirements
referred to in the request.
13. the requesting Contracting Party shall without the prior consent of the requested Contracting
the party does not pass and does not use the information or evidence, which had been
provided to the requested Party, to carry out another investigation, criminal
prosecution or legal proceedings than it is, which is specified in the request.
14. the requesting Contracting Party may require that the requested Party
preserve the confidentiality of the existence and the nature of the request, with the exception of what is
necessary for the execution of the application itself. If the requested Party cannot comply with the
the requirement of confidentiality, it shall inform the applicant party immediately.
15. Mutual legal assistance may be refused:
and if the request does not match) the provisions of this article,
(b)) if the requested Party believes that compliance with the request may
damage the sovereignty, security, public order or other
essential interests,
(c)) where national law forbids the authorities of the requested Contracting Party
deal with the present application for a similar offence,
If this offence was subject to investigation, prosecution
or control in accordance with their own jurisdiction,
(d) where the request is contrary to the provisions of) the law of the requested Contracting
the parties relating to the processing of applications for legal aid.
16. any refusal to provide mutual legal assistance must be
justified.
17. the provision of mutual legal assistance may be postponed by the requested Party of the
because it would interfere with ongoing investigations, criminal
prosecution or legal proceedings. In such a case, the requested Party
consult with the requesting party to determine whether legal assistance may
be provided in such period and under such conditions that the requested
the party considers it necessary.
18. A witness, expert or other person who agrees to provide
testimony during the hearing, where appropriate, assistance in the investigation,
criminal prosecution or judicial proceeding in the territory of the requesting contracting
the party is not subject to arrest, prosecution, punishment or other
restriction of personal liberty in that territory in connection with the activity,
and prosecution of criminal offences, which are related to the period up to his departure from the
the territory of the requested Contracting Party. The validity of the guarantees of personal security
ends, if the witness, expert or other person had in the course of
the next 15 days, or in the course of any period agreed
between the Contracting Parties, starting with the term, when he was officially notified
that his presence is no longer necessary for the judicial authorities, the possibility of
leave this territory, but voluntarily stayed in that territory, or
When he left, he came back of its own accord back.
19. Current expenditure linked to the request shall be borne by the requested Contracting
the party, unless otherwise agreed between the Contracting Parties. If
execution of the request requires or will require substantial expenditure, where appropriate,
the expenses of the extraordinary nature, the Contracting Parties shall determine the time limits discussed
and conditions for compliance with the request, as well as how to cover these expenses.
20. the Contracting Parties shall examine the possibility of concluding bilateral, as needed
or multilateral agreements or arrangements that would match the purposes
This article, increased its importance and ensure its implementation in practice.
Article 8
Handover of documents
The Contracting Parties shall examine the possibility of the transmission of documents to
investigation of criminal offences established in accordance with article 3, paragraph
1 in cases where the transfer corresponds to the interests of the proper administration of
Justice.
Article 9
Other forms of cooperation and training cadres
1. the Contracting Parties will cooperate closely in accordance with their
the national legal and administrative systems in order to increase
the effectiveness of measures for the exercise of rights for the purpose of suppression of crime
established in accordance with article 3, paragraph 1. The Contracting Parties shall, in particular, on the
the basis of bilateral and multilateral agreements:
and) establish and maintain channels of communication between the responsible
national authorities and services in order to ensure reliable and fast exchange
information concerning all aspects of offences set out in the
Article 3, paragraph 3. 1, and if the party concerned will be considered
appropriate, including following up on the crime;
(b)) will cooperate with each other in criminal investigations
established in accordance with article 3, paragraph 1, and which is of international
nature in order to determine:
I) the identity, whereabouts and activities of persons suspected of
participation in the offences established in accordance with article 3, paragraph
1;
(ii) the transfer of proceeds or property) obtained as a result of the execution
such offences;
III) relocation of narcotic drugs or psychotropic substances, the substances referred to in
table I and table II to this Convention, as well as the resources allocated for the
use in committing offences;
(c)) in appropriate cases and if not contrary to the national
law, establish joint teams, taking into account the
the need to protect people, and performing operations and carried out in accordance with the
the provisions of this paragraph. Representatives of any of the Contracting Parties in
These teams will act as assignees of the competent authorities
Party on whose territory the operation is to take place; in all these cases,
the Contracting Parties shall ensure full observance of the sovereignty of the
the Contracting Party in whose territory the operation is to be held;
(d)), in appropriate cases, shall transmit the necessary quantity samples
for analytical or research purposes;
(e)) will support the effective coordination between their competent
institutions and services and exchange of personnel and other experts, including
the location of the liaison officers.
2. Each Contracting Party to the extent necessary, initiate, develop or
improve specific programs training staff rights and conservation authorities
other institutions, including customs authorities, responsible for the Suppression of
the offences established in accordance with article 3, paragraph 1. Such
the programs will mainly relate to:
a) methods used in the detection and suppression of offences
established in accordance with article 3, paragraph 1;
b) routes and resources used by those suspected of participation in the
criminal offences established in accordance with article 3, paragraph 1, in particular
in transit States, and appropriate countermeasures;
(c)) to monitor imports and exports of narcotic drugs or psychotropic substances and substances
contained in table I and table II;
(d) detection and monitoring of turnover) income and assets obtained as a result of
committing the crime set out in article 3 paragraph 1, narcotic drugs or
psychotropic substances and substances in table I and table II, as well as
and the funds used or intended for use in committing such
criminal offences;
e) methods used for the transfer, storage or the concealment of such
income, assets and resources;
f) collection of evidence;
g) control methods in the areas of free trade, and free
ports of call;
h) modern security methods.
3. the Contracting Parties shall assist each other in planning and implementation
research programmes and in the preparation of cadres, intended for the transmission of
expertise in the areas referred to in paragraph 2 of this article and
This goal will also utilize, where appropriate, regional and
international conferences and seminars to stimulate cooperation and assessment
issues of common concern, including the special problems and needs of
transit States.
Article 10
International cooperation and assistance to transit States
1. the Contracting Parties shall cooperate, directly or through the appropriate
international or regional organisations to provide assistance
and support transit States and, in particular, developing countries that such a
need assistance, in the form of programmes of technical cooperation in the Suppression of
the illicit trade, as well as other measures with the
related.
2. the Contracting Parties may undertake, directly or through
relevant international or regional organizations will provide
financial assistance to such transit States for the expansion and consolidation of the
the infrastructure needed for effective control and prevention of illicit
trade.
3. the Contracting Parties may conclude bilateral or multilateral agreements
or arrangements in order to increase the effectiveness of international cooperation in the
the implementation of this article and may in this connection take account of the financial
the arrangement.
Article 11
Controlled deliveries
1. If permitted by the basic principles of their national legal
orders of magnitude, the Contracting Parties shall take the measures necessary and within its
options allow the use of controlled delivery at the international level,
on the basis of agreements or provisions of a mutually acceptable, in order to
identify the persons involved in the offences laid down in
accordance with article 3, paragraph 1, and criminal prosecutions against them.
2. decisions to use controlled deliveries shall be taken on a case by case basis, and
It is possible, where necessary, to consider financial compensation with regard to the
the exercise of the jurisdiction of the relevant parties.
3. Illicit goods, the controlled deliveries shall be made in accordance with the
concluded treaties, may be with the consent of the relevant parties, captured
and retained for further deliveries, while the contents of the narcotic drugs and psychotropic
substances may be stored or seized, or fully or partially.
confused.
Article 12
Substances frequently used for the illicit manufacture of narcotic drugs or psychotropic
substances
1. The Contracting Parties shall take measures which they consider
appropriate, to prevent the leakage of substances listed in table I and table II
used for the purpose of illicit production of narcotic drugs or psychotropic
substances and will cooperate with each other to this end.
2. If a Contracting Party or the Office of information, which in its opinion
may require the inclusion of certain substances in table I or table II,
It will report to the Secretary-General, and shall provide it with information to support
of this notice. The procedures referred to in paragraphs 2 to 7 of this article shall
use even if the Contracting Party or the Office to have the information
which justifies the exclusion of some substance from table I or table II,
where appropriate, the transfer of a substance from one table to another.
3. The Secretary-General shall transmit such notification, and any information that
considered serious, the Contracting Parties, to the Commission and, in the case that the reporting
the Commission sent to the Office of the Contracting Party. The Contracting Parties shall communicate their comments to the
notification by the Secretary-General, as well as any additional
information that can be used in the evaluation and the Commission in the
its decision-making.
4. If the Office finds, with regard to the extent, importance and diversity
the permitted use of substances, and the possibility and ease of use
alternatives to the level permitted for illegal use, so
processing or manufacture of narcotic drugs and psychotropic substances,
and) this substance is often used for illicit processing or production
narcotic drugs or psychotropic substances, and that the
(b) the volume and extent of illicit) the processing or production of narcotic drugs or
psychotropic substances creates serious public health or social
issues that warrant international action, the Office shall notify to the Commission
the results of the evaluation of the substance, including the probable effect
the inclusion of the substance to either table I or table II for holidays
use for illicit processing or manufacture, together with the
the recommendations of monitoring measures, if this will be necessary in the light of
that evaluation.
5. the Commission, taking into account the comments submitted by the parties and
the comments and recommendations of the Office, which reviews in scientific
issues will be decisive, and also with due regard to all the
the other major factors in this matter, you may vote
a two-thirds majority of its members, decide on the inclusion of a substance in
table I or table II.
6. all decisions of the Commission taken pursuant to this article shall be
notified by the Secretary-General to all States and other organisations
they are and that they have the right to become parties to that Convention and members of the authority.
Such decision shall enter for each Contracting Party into force 180
days after the date of such notification.
7.
and) decisions taken by the Commission on the basis of this article, shall be subject to
the review by the Council at the request of any Contracting Party with which the
turned during the 180 days from the date of notification of the decision. The request for
the review will be sent to the Secretary-General, together with all
the relevant information on which the request for review is based.
(b)) the Secretary General shall forward copies of the request for review and the relevant
information to the Commission, the authority and all the Contracting Parties and invite them to submit, within 90
days have sent comments. All incoming comments will be submitted to the
consideration of the Council.
(c)) the Council may confirm or annul the decision of the Commission. The notice of
the Council decision will be sent to all States which are or may become
Parties to this Convention, the Commission and the authority.
8.
and) the Contracting Parties, without prejudice to the general nature of the provisions
paragraph 1 of this article, and also the provisions of the Convention of 1961, this
Convention with accessories and the Convention of 1971, carry out such measures as
consider it necessary for the control of production and diffusion of substances referred to in
table I and table II to this Convention.
(b)) for this purpose, the Contracting Parties may:
(I)) to check all persons and businesses that produce and distribute
such a substance, or the production and dissemination of the involved
II) control using the licensed businesses and facilities where you may experience
such production and distribution,
(iii)) to require license authorization from the owners on the implementation of the above
operations,
IV) due to the current boom market to prevent manufacturers and
distributors focus greater quantities of these substances is necessary for
normal operation.
9. Each Contracting Party shall with respect to substances in table I and table
(II) do the following:
and) will create and maintain a system to monitor international trade in
substances listed in table I and table II in order to facilitate
the detection of suspicious transactions. Such monitoring systems will be
used in close cooperation with the manufacturers, importers, exporters, persons
authorized to distribute on a large, persons authorized to distribute in
a small, that will be the competent national authorities to inform on suspicious
orders and transactions;
(b)) will ensure the seizure of each of the substances listed in table I or
Table II if there is sufficient evidence that should be used to
illicit processing or manufacture of narcotic drugs or psychotropic substances;
(c)) shall inform the competent national authorities as soon as possible and the appropriate ATC
of the parties in the case that there is reason to believe that the import,
the export or transit of any substance from table I or table II
carried out for the purpose of unlawful processing or production of narcotic drugs or
psychotropic substances, including detailed information about resources
payment and any other essential facts that led to the
This assumption;
d) will request that the imports and exports were properly identified and provided with
documents. Business documents such as invoices, cargo lists,
consignment notes (bills of lading), customs documents and other transport documents
must contain the names of the substances imported or exported, as listed
in table I or table II, imported or exported quantity of the substance, and
name and address of the importer, the exporter and the consignee, if
available;
e) shall ensure that the documents referred to in subparagraph (d)), will be retained after the
for at least two years and that will be accessible to the competent national authorities
to check.
10.
and to supplement the provisions of paragraph) 9 on the request of the competent
the party sent to the Secretary-General, any Contracting
party from whose territory the will perform the export of any substance from the
table I, that prior to such export shall provide to the competent authorities of the
the competent authorities of the importing country, the following information:
I) name and address of exporter and importer, and if there is, the recipient
the consignment,
II) designation of the substances listed in table I,
III) quantity of the substance to be exported,
IV) estimated border crossing and expected date of dispatch,
in) any further information about the Contracting Parties
by mutual agreement.
(b)), a Contracting Party may adopt a harder or more stringent measures to
control compared to those that are listed in this paragraph, if the
they are, in its opinion, such measures are desirable or necessary.
11. If one party shall provide information to the other party
in accordance with paragraphs 9 and 10 of this article, a Contracting Party which
This information has provided you, the Contracting Party may require that the information
receive, preserve the confidentiality of any business, service,
economic or professional secret or of a commercial operation.
12. Each Contracting Party shall send every year to the authority in a form and
the manner prescribed by the authority, and on the forms made available by the
The authority, the following information:
and quantities seized) of the substances listed in table I and table
II and of their origin, if known;
(b)) of any substance listed in table I or table II, which
It was found that was used to illicit processing or production
narcotic drugs or psychotropic substances, and of the Contracting Parties considers that the
It is significant enough that it was notified of the authority;
(c)) on the types of escape and methods of illicit manufacture.
13. the Office shall report to the Commission on the implementation of this article and
The Commission will periodically review the adequacy and accuracy of the tables I and
Table II.
14. the provisions of this article does not apply to pharmaceutical products or
other preparations containing a substance from table I or table II,
the composition is such that these substances cannot be easily used
or re obtained by using available resources.
Article 13
Materials and equipment
The Contracting Parties shall take such measures as they consider necessary for
to prevent the trade in materials and devices, and their release for
the illicit manufacture of narcotic drugs or production resources and
psychotropic substances, and to this end will be with each other
work together.
Article 14
Measures to eradicate the illicit cultivation of narcotic plants and to
limit the illicit demand for narcotic drugs and psychotropic substances
1. Any measures which the Contracting Parties shall, in accordance with this
The Convention will not be less stringent than the provisions regarding the uprooting of
the illicit cultivation of plants containing narcotic drugs and psychotropic
substances, and to allow disposal of the illicit demand for narcotic drugs and
psychotropic substances referred to in the Convention of 1961, this Convention with
Add-ins and the 1971 Convention.
2. each Contracting Party shall take appropriate measures to prevent the illegal
to grow and allowing you to dispose of the plants, which contain a narcotic or
psychotropic substances, such as opium poppy, coca bush and cannabis plant,
grown illegally on its territory. The measures taken will be respected
basic human rights and to take due account of traditional forms of legal
the use of these plants and also to protect the environment.
3.
and) the parties may cooperate in order to increase the effectiveness of efforts
about disposal. This cooperation may include, inter alia, where it
applicable, the support for the integrated development of rural areas,
leading to economically advantageous alternatives in crop production. Before
it comes to the implementation of these agricultural development programmes, they should
take into account such as access to markets, availability of resources
and the prevailing socio-economic conditions. A Contracting Party may
agree on other suitable forms of cooperation.
(b)) the Contracting Parties will encourage the exchange of science and technology also
information and conducting research in the field of rooting out illegal
cultivation.
(c)) in those cases where the Contracting Parties with a common border, will be
endeavour to cooperate in the implementation of remediation programs prevent
illegal cultivation in the adjacent border regions.
4. In order to reduce the suffering of the people and the liquidation of financial incentives for
illicit trade, the Contracting Parties shall accept the appropriate measures aimed at
liquidation or limitation of the illicit demand for narcotic drugs and
psychotropic substances. Such measures may, where appropriate, rely on the
the recommendations of the United Nations, specialized agencies of the Organization
the United Nations, such as the World Health Organization, and other
the competent international organizations, as well as a comprehensive
interdisciplinary plan, which was adopted at the International Conference on
to combat abuse of narcotic drugs and illicit
trading, held in 1987, and to the extent that it relates to
both Government and non-governmental institutions, the activities of individual persons and
organisations in the field of drug abuse prevention, treatment and recovery
ability to work with drug addicts. The Contracting Parties may conclude
bilateral or multilateral agreement or to negotiate contracts, aimed
liquidating or limiting the demand for narcotic drugs or psychotropic
substances.
5. the Contracting Parties may also take the measures necessary for the expeditious
destruction or lawful use of narcotic drugs or psychotropic substances and substances
listed in table I and table II which are seized or that
were konfiskovány, as well as for securing permission to use these substances
as evidence.
Article 15
Commercial carriers
1. the Contracting Parties shall take all appropriate measures to transport
resources used by commercial carriers from misusing the implementation
the offences established in accordance with article 3, paragraph 1; This
measures may also include special arrangements with commercial carriers.
2. each Contracting Party will be from commercial carriers to require that
take reasonable precautionary measures to prevent the abuse of
their means of transport offences in accordance with article 3 of
(1). These preventive measures may include:
and if the commercial carrier) has its headquarters on the main business
the territory of the Contracting Parties:
and training employees to identify) of suspicious packages or people;
(ii) favourable relation of employees) support to their duties;
(b)) if the carrier operates in the territory of the Contracting Parties:
I) where possible, the timely submission of advance cargo declaration;
(ii) the use of appropriate containers), individually verified seals;
III) operational reporting of suspicious circumstances that may apply
to the offences referred to in article 3, paragraph 1, the competent authorities.
3. Each Contracting Party shall ensure, in order to ensure that the commercial
the carrier and the competent authorities at border crossings, and other locations
the clearance will work together to prevent the illegal
access to means of transport and cargo and to take appropriate
the security measures.
Article 16
Commercial documents and labelling of export costs
1. Each Contracting Party shall require that the legally exported narcotic
resources and psychotropic substances were provided with proper documents. As
a supplement to the requirements of the present documentation in accordance with article 31,
The 1961 Convention and article 12 of the 1971 Convention, commercial
documents, such as invoices, cargo manifests, customs, transport and other freight
the documents contain the names of the exported of narcotic drugs and psychotropic substances,
name and address of the exporter, the importer and the name and address of the consignee of the goods, if the
It is available.
2. Each Contracting Party shall require that consignments of narcotic drugs being exported
and psychotropic substances were referred to incorrectly.
Article 17
Illicit trafficking at sea
1. the Contracting Parties shall, in accordance with international law of the sea
work in the widest possible extent in order to suppress illegal
trade at sea.
2. If a Contracting Party which has reasonable grounds to believe that the ship
flying its flag or the flag of the ship that nevztyčila or your
characters of the registration, is used for illicit trade, asks the other
the Contracting Parties for assistance in the Suppression of the abuse of this
purpose; the following požádané Contracting Parties shall provide such assistance within the limits of
of its capabilities.
3. A Contracting Party which has reasonable grounds to believe that a ship that
uses the freedom of navigation in accordance with international law and flying the
the flag flies the characters or the registration of another Contracting Party, shall participate in the
the illicit trade, may inform the flag State and request
confirmation of registration and in the event that it gets, it may ask the State
flag of authorisation in relation to the ship to take appropriate measures.
4. in accordance with paragraph 3 or in accordance with applicable mutual
treaties between them, or any other agreement or arrangement,
which was reached between the parties, the flag State
to the requesting State, inter alia,
and) entry to the ship,
(b)) to perform a tour of the ship,
c) take appropriate measures in relation to this vessel, persons and cargo
on board, if the participation in the illicit trade.
5. In the case of the adoption of measures pursuant to this article shall be applicable
the Contracting Parties shall take due account of the need to avoid undermining the security of the
life at sea, the ship or the cargo, as well as damage the business,
Security and other legal interests of the flag State or any other
of the State concerned.
6. A flag State may, in accordance with its obligations arising from the
paragraph 1 of this article, to limit its authorization subject to conditions which must
be approved by it and the requesting contracting party, including any conditions that
relate to accountability.
7. for the purposes of paragraphs 3 and 4 of this article, each Contracting Party
rapidly responds to the query of the other party with a view to determining whether the
the ship is registered in accordance with its national law, and
the application for permission under the preceding paragraph. At the time of accessing this
Convention, each Contracting Party shall designate an authority responsible for receiving and
the processing of these requests. The authority designated by a Contracting Party for this purpose
will be notified through the Secretary-General to all other
the Contracting Parties within one month of its determination.
8. A Contracting Party which has taken measures under this article, the
to inform the competent flag State about the results of these
measures.
9. the Contracting Parties shall examine the possibility of concluding bilateral or
regional agreements or arrangements with a view to implementing the provisions of this
Article or to increase their effectiveness.
10. The measures to be adopted on the basis of paragraph 4 of this article,
be carried out exclusively by military ships or military aircraft, or other
ships or aircraft, that have significant external markings allowing their
identify that they are in government service, and empowered for this purpose.
11. Any actions carried out in accordance with this article is the
due account should be taken of the need to obstruct or harm the performance of the
rights and obligations, as well as the jurisdiction of coastal States in accordance with the
international maritime law.
Article 18
Free trade zones and free ports
1. For the purpose of suppressing illicit trafficking in narcotic drugs and psychotropic
substances and substances listed in table I and table II in the Liberal
zones and free ports, the Contracting Parties shall take the measures
will not be less strict than those in any other part of their territory.
2. The Contracting Parties shall endeavour to
and monitored) in order to move goods and people in free trade zones
and free ports, and for this purpose, authorises the competent national authorities
for inspection of cargo, arriving and launch ships, including
Entertainment yachts and fishing boats, as well as aircraft and vehicles, and in
If necessary, to carry out checks of crew members and passengers, as well as
and their baggage;
(b)) that was created and used by the system to identify the costs of suspicious
that contain narcotic or psychotropic substances listed in table I and
Table II, which appear in the free trade zones and ports of import,
or is one of them;
(c)) in order to create systems of patrols on the docks, airports and points
border inspection posts in free trade zones and free
ports of call.
Article 19
The use of postal items
1. in accordance with its obligations under the Convention of the Universal Postal Union,
as well as the basic principles of their national legal systems,
the Contracting Parties shall take measures against the abuse of the mail illegal
trade and to this end they will cooperate with each other.
2. the measures referred to in paragraph 1 of this article shall include in particular:
and) coordinated preventive and repressive measures, which will be
to discourage abuse of the mail illegal trade;
(b) the introduction and use of teachers) of the institutions for the protection of the laws,
techniques designed to detect illicit narcotic drugs and psychotropic substances
and of the substances listed in table I and table II in postal consignments;
(c)) legislative measures designed to ensure that enable the use of appropriate
means to ensure the evidence necessary for the proceedings.
Article 20
The information submitted by the Contracting Parties
1. The Contracting Parties shall report to the Commission through the General
the Secretary of the information on the effectiveness of this Convention in their territories,
in particular:
and) texts of laws and regulations adopted for the purpose of ensuring compliance with this
Of the Convention;
(b)) for detailed information on issues relating to the illicit trade
and fall under their jurisdiction which are regarded as important because of
detected new trends and the quantity that is into this shop
included, as well as the resources to obtain the substances or processes which
used by persons in the illicit trade.
2. the Contracting Parties shall report to the information in the manner and within the time limits,
fixed by the Commission.
Article 21
Functions Of The Commission
The Commission is empowered to examine all the issues, which are related to the objectives of
This Convention, in particular:
and) based on the information submitted by the Contracting Parties in accordance with
Article 20 the Commission shall monitor the implementation of this Convention;
(b)) may submit the design and general recommendations on the basis of an assessment of the
the information received from the Contracting Parties;
(c)) may signify the authority on any question that may be related to
its features;
(d)) will take to any question, which the authority shall forward to it the assessment in
accordance with paragraph 1 (b)), article 22, such measures as it deems
appropriate;
e) may, in accordance with the procedural practices referred to in article 12
records in table I and table II;
f) can alert States which are not parties to the
decisions and recommendations which it adopts in accordance with this Convention,
in order to examine the question of the Contracting Parties the possibility to take measures in
accordance with the said Convention.
Article 22
The Functions Of The Office
1. Without prejudice to the functions of the Commission pursuant to article 21 of this Convention and
the functions of the authority and the Commission on the basis of the 1961 Convention, this Convention with
Add-ins and the 1971 Convention:
a) If on the basis of information provided by the Secretary-General of the
or the Commission, where appropriate, the information provided by the authorities of the United
Nations Office has reason to believe that the objectives of this Convention in respect of which
as regards its competence, does not, the Office may request the Contracting Party
or the parties, to submit the appropriate information;
(b)) in relation to articles 12, 13 and 16:
and the adoption of measures) on the basis of subparagraph (a)) of this article may
The authority shall, if it deems necessary, call upon the Contracting Party
to take such measures to remedy that in the circumstances,
seems necessary for the implementation of the provisions of articles 12, 13 and 16,
(ii) the adoption of measures) on the basis of subparagraph (iii), which is followed by,
regards its contacts with the Office of the Contracting Party on the basis of
the previous paragraphs as confidential;
(iii)) where the Office finds, that the Contracting Party has not taken measures to
the remedy, if it has been requested under this paragraph may, on the
notify the Contracting Parties of this question, the Council and the Commission. In each
the material, which publishes the authority pursuant to this subparagraph shall be
given also the views of the respective parties, if this thing is
so requests.
2. each Contracting Party shall be invited to attend the meetings of the authority, on which
is the question under this article, on which he has a direct interest in.
3. in the event that the decision of the authority under this article was not accepted
adopted unanimously, will also be referred to the opinion of the minority.
4. Decisions of the Office pursuant to this article shall be taken by a two-thirds
a majority of all members of the authority.
5. in carrying out its functions, in accordance with paragraph 1 (a) of this article
the Office ensures the confidentiality of all information available to it.
6. the liability of the authority pursuant to this article shall not apply to the implementation of
agreements or agreements concluded between the Contracting Parties in accordance with
the provisions of this Convention.
7. The provisions of this article shall apply in the case of disputes between the Contracting
the parties, subject to the provisions of article 32.
Article 23
The Message The Office Of The
1. the Office shall annually prepares a report on its activities, which includes
the analysis of the information available to the Office, and, where appropriate,
interpretation, if requested by the Contracting Parties have requested, along with notes and
the recommendations, which the Office may bring. The authority may prepare a supplementary
materials it deems necessary. Materials shall be submitted to the Council
through the Commission, which may make observations it deems
effective.
2. materials of the Office shall send to the parties and then are
published by the Secretary-General. The Contracting Parties shall authorize their
unlimited expansion.
Article 24
The application of stricter measures than required by the Convention
A party may adopt a harder or more stringent measures than provided for in this
The Convention if, in its opinion is desirable or necessary for the
averting or suppression of illicit trade.
Article 25
Maintaining the rights and obligations under previous contracts
The provisions of this Convention shall not limit any rights or obligations that
the Contracting Parties to this Convention have assumed under the Convention of 1961, this
Convention with accessories and the 1971 Convention.
Article 26
The signature of the
This Convention shall be open for signature at the Office of the United
Nations in Vienna from 20. December 1988 to 28. February 1989, and then in the
The United Nations Headquarters in New York to 20. December 1989:
and all the States);
(b)) Namibia, represented by the United Nations Council for Namibia;
c) regional organizations of economic integration that are
responsible for the conduct of negotiations. the conclusion and implementation of international agreements
the questions which are the subject of this Convention; the links in the framework of the Convention on the
the Contracting Parties, States or national services for these organizations apply
within the limits of their competence.
Article 27
Ratification, acceptance, approval, formal confirmation or act
1. this Convention is subject to ratification, acceptance or approval by States and
By Namibia, represented by the United Nations Council for Namibia,
as well as the acts of an official confirmation of regional economic organizations
integration, referred to in subparagraph (c) of article 26. Instruments of ratification and
acceptance or approval documents as well as documents that relate to the
the official confirmation shall be deposited with the Secretary-General.
2. in documents of an official confirmation of the regional organisation shall notify the
the economic integration of the extent of their competence with respect to matters
dealt with in this Convention. These organizations shall also inform the
the Secretary of any changes in the extent of their competence with respect to the
issues that this Convention governs.
Article 28
Access
1. This Convention shall remain open for accession by any State, by Namibia,
represented by the Council of the United Nations for Namibia, and regional
economic integration organization referred to in subparagraph (c) of article 26.
Access is made by depositing an instrument of accession with the Secretary-General.
2. in documents on access indicate regional economic organization
the integration of a range of its own competence in relation to the questions raised in this
The Convention governs. These organizations at the same time inform the General
the Secretary of any change in the extent of their competence with respect to the
issues that this Convention governs.
Article 29
Entry into force
1. this Convention shall enter into force on the ninetieth day after the date on which the
the Secretary-General of the twentieth instrument of ratification, deposited the instrument of
acceptance, approval or accession by States or Namibia, represented by the Council
for Namibia.
2. for each State or for Namibia, represented by the Council for Namibia, which
ratifies, accepts and approves this Convention or accedes thereto after the
deposit of the 20th instrument of ratification, acceptance, approval of the document
or the access to, the Convention shall enter into force on the ninetieth day after the date of deposit of
its instrument of ratification, acceptance, approval of document or
access.
3. for each regional economic integration organization referred to in
subparagraph (c) of article 26, which, when it saves the document relating to the
the Act of official confirmation or a document about access, it shall
The Convention enters into force on the ninetieth day after the deposit or in the day when this
The Convention shall enter into force in accordance with paragraph 1 of this article in
Depending on which of these dates is later.
Article 30
Notice of termination
1. each Contracting Party may at any time denounce this Convention by written
by notification addressed to the Secretary-General.
2. Such denunciation shall enter for a given Contracting Party enters into force one year after the
receipt of the notification by the Secretary-General.
Article 31
Changes
1. each Contracting Party may propose amendments to this Convention. The text of any
the change and its justification for this Contracting Party shall notify the
the Secretary-General, who shall circulate it to other parties asking whether
with the proposed amendment. If the proposed amendment circulated as
in this way has not been rejected by any party in the course of four
months from the date on which it was sent, will become effective, and shall enter in the
into force for each Contracting Party after the expiry of 90 days from the
the deposit with the Secretary-General of the document confirming its consent to
the introduction of this change.
2. If a proposed amendment to the Contracting Party refuses, the General
the Secretary, after consultation with the Contracting Parties and, at the request of the majority of this
shall notify, as well as all the other objections, that Contracting Party shall,
The Council, and may decide to convene a Conference in accordance with paragraph 4 of
Article 62 of the Charter of the United Nations. Any amendment adopted at the
the Conference shall be included in the log of the changes. The Secretary-General shall
inform separately about the acceptance of such a protocol.
Article 32
Settlement of disputes
1. If Arises between two or more Contracting Parties to any dispute about the
the interpretation or application of this Convention, the Contracting Parties shall enter into reciprocal
consultations in order to settle the dispute by negotiation, inquiry,
mediation, conciliation, arbitration, citing to
regional authorities, judicial process or other peaceful means
According to their choice.
2. Any dispute which cannot be settled in the manner referred to in paragraph
1 of this article shall be referred to the decision of the International Court
the Court of Justice on the request of any State which is a party to the dispute.
3. If a regional economic integration organization referred to
in subparagraph (c) of article 26 is a party in a dispute, which cannot be
settled in the manner referred to in paragraph 1 of this article may be
appeal through any Member State of the United Nations to the Council
with the request for an opinion of International Court of Justice in accordance with article
65 of the Statute of the International Criminal Court, whose opinion will be considered
crucial.
4. each State upon signature or ratification, acceptance or approval of this
Convention, or when it is accessed, or any regional organization
economic integration in the signature or deposit of the Act, that is officially
approved, or when you access may declare that it does not consider itself bound by the
the provisions of paragraphs 2 and 3 of this article. The other Contracting Parties
not considered bound by the provisions of paragraphs 2 and 3, in relation to the
any Contracting Party which has made such a declaration.
5. any Contracting Party which has made a declaration in accordance with paragraph
4 of this article, you may at any time withdraw a notification to the
the Secretary-General.
Article 33
The authenticity of the text of the
English, Arabic, Spanish, Chinese, Russian and French texts of this
The Convention are equally authentic.
Article 34
The depositary
The depositary of this Convention, the Secretary-General.
In witness whereof, the undersigned, official agents have signed this Convention.
Given in Vienna in a single copy on 20 April. December 1988.
Č. 1
Table 1 table 2
ephedrine, acetone
Ergometrine acetic anhydride
ergotamine diethyleter
1-phenyl-2-propanone anthranilová acid
lysergic acid, phenylacetic acid
pseudoephedrine piperidine
Salts of the substances listed in this salts of the substances listed in this
in all cases, table table in all cases,
When these salts can when these salts can
exist. exist.