Decree No. 2002-935 Of June 14, 2002 Publication Of The International Convention For The Suppression Of The Financing Of Terrorism, Done At New York On 10 January 2000

Original Language Title: Décret n° 2002-935 du 14 juin 2002 portant publication de la convention internationale pour la répression du financement du terrorisme, faite à New York le 10 janvier 2000

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Abstract


Application of Art. 52 to 55 of the Constitution, Law 2001-1118 of 28-11-2001.The International Convention for the Suppression of the Financing of Terrorism was opened for signature at the United Nations on 12 January 2000 following a negotiation by a Committee Specific set up for this purpose by Resolution 51/210 of 17 December 1996. 132 states have signed it and 34 are today Partie.This convention is the result of a French initiative, announced by the President of the Republic in the summer of 1998, shortly after the attacks on the American embassies in Nairobi and Dar Es Salaam, then Submitted by the Minister to the United Nations. This initiative was very favourably received at that time. The draft convention submitted by France in December 1998 was the subject of two rounds of negotiations in March and September 1999 and was adopted, one year after only, by consensus by the General Assembly of the United Nations. The process of signing and ratifying the text accelerated after the attacks of 11 September 2001, which increased the awareness of the international community. The International Convention for the Suppression of Financing of the Terrorism is a criminalization convention, which criminalizes the financing of terrorism as a stand-alone offence. It gives states broad jurisdiction to prosecute and punish this offence, which covers both the supply and the collection of funds. Finally, it introduces preventive measures, which are based on a strengthening of the cooperation of financial institutions. This is an ambitious text, which puts in place effective and comprehensive means of prevention and repression, and It also sends a strong signal to terrorists and those who protect, finance and shelter them. It differs from the eleven existing sectoral conventions dealing with terrorism, because it is in fact "upstream" of the act of terrorism, in a broader approach to the phenomenon of terrorism. This convention helps to strengthen our security and allows To promote in an international instrument many of our legal opinions on the liability of legal persons and association of criminals, for example. The legislative adjustments necessary for its implementation have been Performed. In particular, a specific offence of financing terrorism has been introduced into the criminal code. The French ratification has been accompanied by two declarations. The first relates to the non-enforceability of the provisions of the Convention of 14 December 1973 on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Agents Diplomatic, to which France is not yet a Party. The second informs the Secretary General of the United Nations that France establishes jurisdiction over all the offences referred to in paragraph 2 of Article 2. France deposited its instrument of ratification on 7 January 2002. The Convention entered into force on 10 April 2002.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL AGREEMENT, CONVENTION, INTERNATIONAL, FIGHT AGAINST TERRORISM, REPRESSION, FINANCING, TERRORISM, CRIME OF FINANCING, TERRORISM



JORF No. 139 of June 16, 2002 page 10636
Text No. 9



Decree No. 2002-935 of 14 June 2002 on the publication of the International Convention for the Suppression of the Financing of Terrorism, made in New York on 10 January 2000 (1)

NOR: MAEJ0230033D ELI: http://www.legifrance.gouv.fr/eli/decret/2002/6/14/MAEJ0230033D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2002/6/14/2002-935/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs, Cooperation and Francophonie,
In the light of articles 52 to 55 of the Constitution;
Law No. 2001-1118 On 28 November 2001 authorizing the ratification of the International Convention for the Suppression of the Financing of Terrorism, done in New York on 10 January 2000 ;
Given the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments undertaken by France,
Décrète:

Article 1


The International Convention for the Suppression of the Financing of Terrorism, done in New York on 10 January 2000, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister of Business Foreign, cooperation and Francophonie are responsible, each with respect to the Of this Decree, which shall be published in the Official Journal of the French Republic.

Annex


C O N V E N T I O N I N T E R N A T I O N A L E
FOR THE PRESSURE OF TERRORISM FINANCING
Preamble


States Parties to this Convention,
Bearing in mind the purposes and principles of the Charter of the United Nations Concerning the maintenance of international peace and security and the development of Relations of good neighbourliness, friendship and cooperation between states;
Deeply concerned about the proliferation of terrorist acts worldwide in all its forms and manifestations;
Recalling the declaration of the Fiftieth anniversary of the United Nations, which is contained in General Assembly resolution 50/6 of 24 October 1995;
Recalling also all relevant General Assembly resolutions, including resolution 49/60 of 9 December 1994 and its annex reproducing the statement on measures Aimed at the elimination of international terrorism, in which the member States of the United Nations solemnly reaffirmed that they categorically condemned as criminal and unjustifiable all acts, methods and practices Terrorists, wherever they occur and whatever the perpetrators, including those who compromise friendly relations between states and peoples and threaten the territorial integrity and security of states;
Noting that in the Statement on measures to eliminate international terrorism, The Assembly also encouraged States to consider urgently the scope of existing international legal provisions relating to the prevention, suppression and elimination of terrorism in all its forms and manifestations, in order to Ensure that there is a general legal framework covering all aspects of the issue;
Recalling General Assembly resolution 51/210 of 17 December 1996, paragraph 3 (f) of which the Assembly invited States Take measures to prevent and prevent, by internal means The financing of terrorists or terrorist organisations, whether directly or indirectly through organisations which also have or claim to have a charitable, cultural or social purpose, or who are Also involved in illegal activities such as illicit arms trafficking, drug trafficking and extortion, including the exploitation of persons for the purpose of financing terrorist activities, and in particular to consider, If need be, to adopt regulations to prevent and prevent Movements of funds suspected of being destined for terrorist purposes, without in any way impeding the free movement of legitimate capital, and intensifying the exchange of information on the international movements of such funds;
Recalling also General Assembly resolution 52/165 of 15 December 1997, in which the Assembly invited States to consider in particular the implementation of measures such as those listed in subparagraphs (a) to (f) Paragraph 3 of resolution 51/210 of 17 December 1996;
Recalling further General Assembly resolution 53/108 of 8 December 1998, by which the Assembly decided that the Ad Hoc Committee established by its resolution 51/210 of 17 December 1996 would elaborate a draft international convention for the suppression of the Financing of terrorism in order to complement existing international instruments on terrorism;
Considering that the financing of terrorism is a matter of grave concern to the entire international community;
Noting The number and seriousness of acts of international terrorism are Function of the financial resources that terrorists can obtain;
Noting also that existing multilateral legal instruments do not deal specifically with the financing of terrorism;
Convinced of the urgent need for To strengthen international cooperation among States in the development and adoption of effective measures to prevent the financing of terrorism and to suppress it by prosecuting and punishing perpetrators,
agreed on Follows:


Article 1


For the purposes of this Convention:
1." Fund " Means property of any kind, tangible or intangible, movable or immovable, acquired by any means, and any legal documents or instruments in any form, including electronic or digital form, that Attest to a right of ownership or interest in such property, including bank credits, traveller's cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit, without this Enumeration is exhaustive;
2." Government or Public Installation " Means any installation or means of transport, whether permanent or temporary, that is used or occupied by representatives of a State, members of the Government, of Parliament or of the judiciary, or of agents or staff A State or any other public authority or entity, or by agents or staff of an intergovernmental organization, in the course of their official duties;
3." Products " All funds drawn, directly or indirectly, from the commission of an offence as provided for in Article 2, or obtained, directly or indirectly, by the commission of such an offence.


Article 2


1. Every person who, by any means, directly or indirectly, unlawfully and deliberately, provides or brings together funds with the intention of seeing them used or knowing that they are guilty of an offence under this Convention is guilty of an offence under this Convention. Shall be used, in whole or in part, for the purpose of:
(a) An act that constitutes an offence under the gaze and the definition of one of the treaties listed in the appendix;
(b) Any other act intended to kill or seriously injure a civilian, or any other person not directly involved in the Hostilities in a situation of armed conflict, where, by its nature or context, the act is intended to intimidate a population or to compel a government or an international organization to perform or refrain from carrying out an act
2. (a) By depositing its instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty listed in the Annex referred to in paragraph 1 (a) of this Article may declare that, where the present Convention is applied to it, the said Treaty is deemed not to be included in this Annex. This declaration lapses upon the entry into force of the Treaty for the State Party, which notifies the depositary;
(b) Where a State Party ceases to be a party to a treaty listed in the Annex, it may do so on the subject Statement provided in this article.
3. In order for an act to constitute an offence within the meaning of paragraph 1, it is not necessary for the funds to have actually been used to commit an offence referred to in paragraph 1 (a) or (b) of this
. A person also commits an offence who attempts to commit an offence within the meaning of paragraph 1 of this
. A person also commits an offence who:
a) Participates as an accomplice in an offence within the meaning of paragraphs 1 or 4 of this article;
b) Organize the commission of an offence within the meaning of paragraphs 1 or 4 of this article or Gives the order to others to commit it;
(c) Contributes to the commission of one or more of the offences referred to in paragraphs 1 or 4 of this article by a group of persons acting in concert. This competition must be deliberate and must:
i) be designed to facilitate the criminal activity of the group or serve its purpose, where this activity or purpose involves the commission of an offence within the meaning of paragraph 1 of this article; or
ii) be brought in the knowledge that the Group intends to commit an offence within the meaning of paragraph 1 of this Article.


Article 3


This Convention shall not apply where the offence is committed within one State, that the alleged perpetrator is a national of that State and is located in the territory of That State, and that no other State has any reason, under paragraph 1 or paragraph 2 of Article 7, to establish its jurisdiction, on the understanding that the provisions of Articles 12 to 18, as appropriate, apply in such a case.


Article 4


Each State Party takes the measures that may be necessary to:
(a) Eriger for criminal offences under its domestic law the offences referred to in section 2;
(b) Punish these appropriate penalties for their seriousness.


Article 5


1. Each State Party, in accordance with the principles of its domestic law, shall take the necessary measures to ensure that the liability of a legal person situated in its territory or incorporated under its law is engaged when a person Responsible for the management or control of that legal entity has, in that capacity, committed an infringement referred to in Article 2. This liability may be criminal, civil or administrative.
2. Criminal liability of natural persons who committed the offences.
3. Each State Party shall in particular ensure that legal persons whose liability is engaged under paragraph 1 are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. These penalties may include monetary penalties.


Article 6


Each State Party shall adopt such measures as may be necessary, including, where appropriate, legislative measures to ensure that acts Under this Convention may under no circumstances be justified by political, philosophical, ideological, racial, ethnic, religious or other analogous grounds.


Article 7


1. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction with regard to the offences referred to in Article 2 when:
(a) The offence has been committed in its territory;
(b) The offence has been committed in On board a ship flying its flag or an aircraft registered in accordance with its law at the time of the facts; or
(c) The offence was committed by one of its nationals.
2. Each State Party may also establish its jurisdiction over Such offences where:
a) The purpose of the offence was or resulted in the commission of an offence referred to in Article 2 (1) (a) or (b) on its territory or against one of its nationals;
(b) The purpose of the offence was or was Commission of an offence referred to in Article 2 (1) (a) or (b) against a government or public installation of that State outside its territory, including its diplomatic or consular premises;
(c) The offence Was intended or resulted in the commission of an offence referred to in section 2, Paragraph 1, sub-paragraphs a or b, intended to force it to perform any act or to refrain from it;
d) The offence was committed by a stateless person having his habitual residence in his territory;
e) The offence was committed on the Aircraft operated by the Government of the said
. Upon ratification, acceptance or approval of this Convention or accession to this Convention, each State Party shall inform the Secretary-General of the United Nations of the competence it has established in accordance with the In the event of a change, the State Party concerned shall immediately inform the Secretary-General
. Each State Party shall also adopt such measures as may be necessary to establish its jurisdiction with regard to the offences referred to in Article 2 in cases where the alleged offender is located on its territory and where it does not The extrade to any of the States Parties which have established their competence in accordance with paragraph 1 or paragraph 2.
5. Where more than one State Party declares that it has jurisdiction in respect of an infringement referred to in Article 2, the States Parties concerned shall endeavour to coordinate their actions as appropriate, in particular with regard to the conditions of engagement of the Prosecutions and mutual legal assistance.
6. Without prejudice to the norms of general international law, this Convention shall not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.


Article 8


1. Each State Party shall adopt, in accordance with the principles of its domestic law, the measures necessary for the identification, detection, freezing or seizure of any funds used or intended for use in the commission of the offences referred to in Article 2, as well as the proceeds of such offences, for the purpose of possible confiscation.
2. Each State Party shall adopt, in accordance with the principles of its domestic law, the measures necessary for the confiscation of the funds used or intended to be Used for the commission of offences referred to in Article 2, as well as the product of These offenses.
3. Each State Party concerned may consider entering into agreements to share with other States parties, systematically or on a case-by-case basis, the funds derived from the confiscations referred to in this
. Each State Party shall consider establishing mechanisms for the allocation of sums from the confiscations referred to in this Article to compensation for the victims of offences referred to in Article 2 (1) (a) or (b) thereof Family.
5. The provisions of this Article shall be applied without prejudice to the rights of bona fide third parties.


Article 9


1. Where it is informed that the author or alleged perpetrator of an offence referred to in article 2 could be located in his territory, the State Party concerned shall take such measures as may be necessary in accordance with its domestic law to investigate On the facts before it.
2. If the State Party considers that the circumstances so warrant, the State Party on whose territory the alleged offender or perpetrator is located shall take appropriate measures under its domestic law to ensure the presence of that person in the Prosecution or extradition.
3. Any person in respect of whom the measures referred to in paragraph 2 of this Article are taken shall be entitled:
(a) To communicate without delay with the nearest qualified representative of the State of which he is a national or otherwise Entitled to protect his or her rights or, if it is a stateless person, of the State in whose territory it is habitually resident;
(b) To receive a visit from a representative of that State;
(c) to be informed of the rights conferred on it Paragraphs a and b of this paragraph.
4. The rights set forth in paragraph 3 of this article shall be exercised within the framework of the laws and regulations of the State in whose territory the alleged offender or author is located, provided that such laws and regulations shall Permit the full realization of the purposes for which the rights set out in paragraph 3 of this Article are granted.
5. The provisions of paragraphs 3 and 4 of this Article shall be without prejudice to the right of any State Party having established its jurisdiction in accordance with paragraph 1 (c) or paragraph 2 (d) of Article 7 to invite the Committee The International Committee of the Red Cross to contact and visit the alleged offender.
6. Where a State Party has placed a person in detention in accordance with the provisions of this article, the State Party shall immediately notify, directly or through the Secretary-General, the detention, as well as the circumstances that justify it Of the United Nations, the States Parties which have established their competence in accordance with Article 7 (1) or (2) and, if it considers it appropriate, all other interested States Parties. The State conducting the inquiry referred to in paragraph 1 of this Article shall promptly communicate its findings to the said States Parties and indicate whether it intends to exercise its jurisdiction.


Article 10


1. In cases where the provisions of Article 7 are applicable, the State Party on whose territory the alleged offender is located shall be obliged, if it does not extradite him, to submit the case, without undue delay and without any exception, Whether or not the offence has been committed in its territory, to its competent authorities in order for them to institute criminal proceedings in accordance with the procedure laid down in its legislation. These authorities shall take their decision under the same conditions as for any other offence of a serious nature in accordance with the laws of that State.
2. Whenever the domestic legislation of a State Party authorizes it to extradite or surrender a Of its nationals, provided that the person concerned will be returned to serve the sentence to which he has been sentenced at the end of the trial or proceedings for which extradition or surrender is sought, and that that State and the State requesting it Extradition accepts this formula and the other conditions that they may consider Appropriate, extradition or conditional surrender shall be enforced by the State Party required by the obligation under paragraph 1 of this Article.


Article 11


1. The offences provided for in Article 2 shall be deemed to be extraditable offences in any extradition treaty concluded between States Parties before the entry into force of this Convention. States Parties undertake to consider such offences as extraditable offences in any extradition treaty that may be concluded between them thereafter.
2. A State Party which makes extradition conditional on the existence of a treaty, When it receives a request for the extradition of another State Party with which it is not bound by an extradition treaty, to consider this Convention as constituting the legal basis for extradition in respect of offences Article 2. Extradition shall be subject to the other requirements of the law of the requested State.
3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offences provided for in Article 2 as extraditable offences between them, without prejudice to the conditions laid down by the law of the requested
. If necessary, the offences provided for in Article 2 shall be deemed, for the purposes of extradition between States Parties, to have been committed both at the place of their commission and in the territory of the States which have established their jurisdiction in accordance with the paragraphs 1 and 2 of section 7.
5. The provisions relating to the offences referred to in Article 2 of all treaties or extradition agreements concluded between States Parties shall be deemed to be amended between States Parties in so far as they are incompatible with the present Convention.


Article 12


1. States Parties shall afford the widest possible mutual legal assistance for any investigation or criminal procedure or extradition procedure relating to the offences referred to in Article 2, including for the purposes of obtaining evidence in their Possession that is necessary for the purposes of the procedure.
2. States parties cannot invoke bank secrecy to refuse a request for mutual legal assistance.
3. The requesting Party shall not communicate or use the information or evidence furnished by the requested Party for investigations, criminal proceedings or judicial proceedings other than those referred to in the application without consent Prerequisite of the requested Party.
4. Each State Party may consider establishing mechanisms to share with other States parties the information or evidence necessary to establish criminal, civil or administrative responsibilities, as provided for in the article 5.
5. States Parties shall fulfil their obligations under paragraphs 1 and 2 in accordance with any treaty or other mutual legal assistance agreement or exchange of information that may exist between them. In the absence of such a treaty or agreement, the States Parties shall accord themselves such assistance in accordance with their domestic laws.


Article 13


None of the offences referred to in Article 2 can be For the purpose of extradition or mutual legal assistance, as a tax offence. Consequently, States parties cannot rely solely on the tax character of the offence to refuse a request for mutual legal assistance or extradition.


Article 14


For the purposes of Extradition or mutual legal assistance between States Parties, none of the offences referred to in Article 2 shall be regarded as a political offence, such as an offence connected with a political offence or as an offence inspired by Political motives. Accordingly, a request for extradition or mutual legal assistance based on such an offence cannot be rejected for the sole reason that it relates to a political offence, an offence related to a political offence, or an offence Inspired by political motives.


Article 15


Nothing in this Convention shall be construed as stating an obligation of extradition or mutual legal assistance if the State Party required has serious reason to believe that the application For the purpose of prosecuting or punishing a person for reasons relating to his or her race, religion, nationality and origin for the offences referred to in article 2 or the request for assistance in respect of such offences Or his or her political views, or whether to grant the application would be prejudicial to the situation of that person for any of these reasons.


Article 16


1. Any person detained or serving a sentence in the territory of a State Party whose presence is required in another State Party for the purpose of identification or testimony or to assist in the establishment of the facts in the Framework for an investigation or prosecution of the offences referred to in Article 2 may be transferred if the following conditions are met:
(a) The person consents freely and knowingly;
(b) The competent authorities of both states agree, subject to such conditions as they may deem appropriate.
2. For the purposes of this article:
a) The State to which the transfer is made shall have the power and the obligation to hold the person in custody, unless requested or otherwise authorized by the State from which the person was transferred;
(b) The State to which the person has been transferred. Transfer shall be carried out without delay of the obligation to furnish the person concerned to the custody of the State from which the transfer has been effected, in accordance with what has been agreed beforehand or to the competent authorities of both States will have otherwise decided;
c) The state to which the transfer is made cannot Require the State from which the transfer is made that it initiates an extradition procedure in order for the person concerned to be surrendered;
(d) The period in which the person concerned has been detained in the State to which he has been transferred shall be taken into account Transferred for the purpose of counting the sentence to be served in the state from which it was transferred.
3. Unless the State Party from which a person is to be transferred under this Article does not agree, that person, irrespective of his nationality, may not be prosecuted or detained or subjected to other restrictions on his or her Freedom of movement in the territory of the State to which it is transferred because of acts or convictions prior to its departure from the territory of the State from which it was transferred.


Article 17


Any person in custody or against whom any other person Measure is taken or procedure initiated under this Convention is guaranteed fair treatment and, in particular, enjoys all rights and benefits from all the guarantees provided for by the law of the State in the territory And the applicable provisions of international law, including those relating to human rights.


Article 18


1. States Parties shall cooperate to prevent the offences referred to in Article 2 by taking all possible measures, in particular by adapting their domestic legislation, if necessary, in order to prevent and counter preparations in their territories Of offences to be committed within or outside of them, including:
(a) Measures prohibiting the illegal activities of persons and organisations which knowingly encourage, promote, organize or commit offences referred to in Article 2;
(b) Measures Obligation on financial institutions and other professions involved in financial transactions to use the most effective means available to identify their regular or occasional clients, as well as clients in The interest of which an account is open, to pay attention Specific to unusual or suspicious transactions and to report suspected transactions arising from criminal activities. To this end, States Parties should consider:
i) to adopt regulations prohibiting the opening of accounts for which the holder or the beneficiary is not identified or identifiable and measures to ensure that these institutions verify the identity of the true holders of the accounts Operations;
(ii) in relation to the identification of legal persons, to require financial institutions to take, if necessary, measures to verify the existence and legal structure of the client by obtaining a public register or Of the client, or both, evidence of incorporation including Information concerning the name of the client, its legal form, address, officers and the provisions governing the power to engage the legal person; and
(iii) to adopt regulations that require the institutions Financial obligation to report promptly to the competent authorities all complex, unusual, important, and all unusual types of transactions, where they have no apparent economic or legal cause, Fear of criminal or civil liability incurred for violation Confidentiality rules, if they report their suspicions in good faith; and
(iv) require financial institutions to retain, for at least five years, all necessary documents relating to domestic operations
Parties shall also cooperate in the prevention of the offences referred to in Article 2 by considering:
a) Measures for the supervision of all money transfer agencies, including, for example, the accreditation of these bodies;
b) Realistic measures to detect or monitor transborder physical transport Of cash and negotiable bearer shares, provided that they are subject to strict safeguards to ensure that information is used appropriately and that they do not in any way impede the free movement of capital.
3. States Parties shall also cooperate in the prevention of the offences referred to in article 2 by exchanging accurate and verified information in accordance with their domestic legislation and by coordinating administrative and other measures taken, Where appropriate, in order to prevent the commission of the offences referred to in Article 2, in particular by:
a) Establishing and maintaining channels of communication between their competent bodies and services in order to facilitate the safe and rapid exchange of information on all aspects of the offences referred to in Article 2;
b) Cooperating with each other To carry out investigations into the offences referred to in Article 2 relating to:
i) the identity, contact details and activities of persons reasonably suspected to have participated in the commission of such offences; and
ii) the movement of funds in relation to the commission of such offences Offenses.
4. States Parties may exchange information through the International Criminal Police Organization (Interpol).


Article 19


The State Party in which criminal action has been taken Under the conditions laid down in its internal legislation or by the applicable procedures, the final result shall be communicated to the Secretary-General of the United Nations, who shall inform the Other States Parties.


Article 20


States Parties are fulfilling the obligations of this Convention in accordance with the principles of sovereign equality and the territorial integrity of States, as well as the principles of non-interference in Internal affairs of other States.


Article 21


Nothing in this Convention affects the other rights, obligations and responsibilities of States and individuals under this Convention International law, in particular the purposes of the Charter of the United Nations, International humanitarian law and other relevant conventions.


Article 22


Nothing in this Convention entitles a State Party to exercise in the territory of another State Part of a competence or functions which are exclusively reserved for the authorities of that other State party by its internal law.


Article 23


1. The Annex may be amended by adding relevant treaties with the following conditions:
(a) To be open to participation by all States;
(b) To be entered into force;
(c) To have been the subject of ratification, The acceptance, approval or accession of at least twenty-two States party to this Convention.
2. After the entry into force of this Convention, any State Party may propose such an amendment. Any proposed amendment shall be communicated in writing to the depositary, which shall notify all the States Parties of the proposals which meet the conditions set out in paragraph 1 and shall seek their views on the adoption of the proposed
. 3. The proposed amendment shall be deemed to have been adopted unless one third of the States Parties object to it in writing within 180 days of its
. Once adopted, the amendment shall enter into force, for all States Parties which have deposited an instrument of ratification, acceptance or approval, thirty days after the deposit of the twenty-second of those instruments. For each State Party which ratifies, accepts or approves the amendment after the deposit of the twenty-second instrument, the amendment shall enter into force on the thirtieth day following the deposit by that State Party of its instrument of ratification, Acceptance or approval.


Article 24


1. Any dispute between States Parties concerning the interpretation or application of this Convention which cannot be settled by negotiation within a reasonable time shall be referred to arbitration at the request of one of those States. If, within six months after the date of the request for arbitration, the Parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice, in
State may, at the time it signs, ratifies, accepts or approves this Convention or accedes thereto, declare that it does not consider itself bound by the provisions of paragraph 1 of this Article. The other States Parties shall not be bound by the said provisions to any State Party which has made such a
. Any State which has made a reservation in accordance with paragraph 2 of this article may withdraw it at any time by sending a notification to that effect to the Secretary-General of the United Nations.


Article 25


1. This Convention shall be open for signature by all States from 10 January 2000 to 31 December 2001 at the headquarters of the United Nations in New York.
2. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United
. This Convention shall be open for accession by any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.


Article 26


1. This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-second instrument of ratification, acceptance, approval or
. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day After the deposit by that State of its instrument of ratification, Accept, approve, or join.


Article 27


1. Any State Party may denounce this Convention by sending a written notification to that effect to the Secretary-General of the United Nations.
2. Denunciation shall take effect one year after the date on which the notification Received by the Secretary-General of the United Nations.


Article 28


The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are Shall be deposited with the Secretary-General of the Organization of In
whereof the undersigned, being duly authorized to that effect by their respective Governments, have signed this Convention, which has been opened for signature, at the headquarters Of the United Nations in New York, 10 January 2000.


A N N E X E


1. Convention for the Suppression of the Illegal Capture of Aircraft (The Hague, 16 December 1970).
2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, 23 September 1971).
3. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December
. International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December
. International Convention on the Physical Protection of Nuclear Material (Vienna, 3 March 1980)
Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, 24 February 1988).
7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome, 10 March 1988)
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (Rome, 10 March 1988
. International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997.


Statements by France
Declaration under paragraph 2,
paragraph a, of item 2


" In accordance with Article 2 (2) (a) of this Convention, France declares that when the Convention is applied to it, the Convention of 14 December 1973 on the Prevention and Punishment of Crimes against Persons with Protection International, including diplomatic agents, shall be deemed not to be included in the Annex referred to in Article 2 (1) (a), taking into account the fact that France is not a Party to this Treaty. "


Declaration Under Paragraph 3 of Article 7


" In accordance with Article 7 (3) of the Convention, France shall establish its jurisdiction over the offences referred to in Article 2 in all cases provided for in Articles 7-1 and 7-2. "


Done at Paris, June 14, 2002.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Jean-Pierre Raffarin

The Minister of Foreign Affairs,

de la coopération et de la francophonie,

Dominique de Villepin


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