The United Nations Convention Against Illicit Traffic In Narcotic Drugs Substances

Original Language Title: o Úmluvě OSN proti nedovolenému obchodu s omamnými látkami

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39505&nr=462~2F1991~20Sb.&ft=txt

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.