Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2002-1040 of 6 August 2002 authorizing the ratification of the United Nations Convention against Transnational Organized Crime, adopted in New York on 15 November 2000 and signed by France on 12 December 2000;
In view of the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France,
Decrete:
The United Nations Convention against Transnational Organized Crime, adopted in New York on 15 November 2000 and signed by France on 12 December 2000, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N
UNITED NATIONS
CONTRE LA CRIMINALITÉ TRANSNATIONALE ORGANISÉE
Article 1
Subject
The purpose of this Convention is to promote cooperation in order to prevent and combat transnational organized crime more effectively.
Article 2
Terminology
For the purposes of this Convention:
(a) The term "organised criminal group" means a structured group of three or more persons existing for a period of time and acting in concert for the purpose of committing one or more serious offences or offences established in accordance with this Convention, to draw, directly or indirectly, a financial advantage or other material advantage;
(b) The term "serious offence" means an offence punishable by deprivation of liberty, the maximum of which must not be less than four years or a heavier penalty;
(c) The term "structured group" means a group that has not formed randomly to commit an offence immediately and does not necessarily have formal roles for its members, continuity in its composition or structure;
(d) The term "goods" means all types of assets, tangible or intangible, furniture or immovables, as well as legal acts or documents attesting to the ownership or rights of such assets;
(e) The term "product of crime" means any property derived directly or indirectly from the commission of an offence or obtained directly or indirectly by committing it;
(f) The terms "frozen" or "sentence" refer to the temporary prohibition of the transfer, conversion, disposition or movement of property, or the temporary custody or control of property by a court or other competent authority;
(g) The term "forfeiture" means the permanent dispossession of property by a court or other competent authority;
(h) The term "main offence" means any offence following which a product is generated, which is likely to become the subject of an offence defined in Article 6 of this Convention;
(i) The term "controlled delivery" refers to the method of permitting the passage by the territory of one or more States of unlawful or suspected shipments to be, to the knowledge and control of the competent authorities of these States, with a view to investigating an offence and identifying persons involved in its commission;
(j) The term "regional economic integration organization" means any organization constituted by sovereign States of a particular region, to which its member States have transferred competence with respect to matters governed by this Convention and which has been duly mandated, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the Convention; the references in this Convention to "States Parties" are applicable to these organizations within their competence.
Article 3
Scope
1. This Convention shall apply, unless otherwise provided, to the prevention, investigation and prosecution of:
(a) The offences established in accordance with articles 5, 6, 8 and 23 of this Convention; and
(b) Serious offences as defined in article 2 of this Convention;
where these offences are transnational in nature and an organized criminal group is involved.
2. For the purposes of paragraph 1 of this article, an offence is transnational in nature if:
(a) It is committed in more than one State;
(b) It is committed in a State but a substantial part of its preparation, planning, conduct or control takes place in another State;
(c) It is committed in a State but involves an organized criminal group that engages in criminal activities in more than one State; or
(d) It is committed in a State but has substantial effects in another State.
Article 4
Protection of sovereignty
1. States Parties shall fulfil their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and with that of non-intervention in the internal affairs of other States.
2. Nothing in this Convention shall empower a State Party to exercise in the territory of another State a competence and functions which are exclusively reserved to the authorities of that other State by its domestic law.
Article 5
Criminalization of participation
an organized criminal group
1. Each State Party shall adopt the necessary legislative and other measures to confer the character of a criminal offence, where intentionally committed:
(a) In either of the following or both acts, as criminal offences distinct from those involving an attempted criminal activity or its consumption:
(i) To agree with one or more persons with a view to committing a serious offence to an end directly or indirectly related to obtaining a financial or other material benefit and, where required by domestic law, involving an act committed by one of the participants under that agreement or involving an organized criminal group;
(ii) To the active participation of a person who is aware of either the purpose and general criminal activity of an organized criminal group or of his intention to commit the offences in question:
a. Criminal activities of the organized criminal group;
b. Other activities of the organized criminal group where the person knows that his or her participation will contribute to the achievement of the aforementioned criminal purpose;
(b) Organizing, directing, facilitating, encouraging or advocating the commission of a serious offence involving an organized criminal group through assistance or advice.
2. The knowledge, intent, purpose, motivation or agreement referred to in paragraph 1 of this section may be deducted from objective factual circumstance.
3. States Parties whose domestic law requires the establishment of the offences referred to in paragraph 1 (a) (i) of this article to the involvement of an organized criminal group shall ensure that their domestic law covers all serious offences involving organized criminal groups. These States Parties, as well as States Parties whose domestic law requires the establishment of the offences referred to in paragraph 1 (a) (i) of this article to the commission of an act under the agreement, shall bring this information to the attention of the Secretary-General of the United Nations at the time of signing this Convention or depositing their instruments of ratification, acceptance or approval or accession.
Article 6
Criminalization of proceeds of crime
1. Each State Party shall, in accordance with the fundamental principles of its domestic law, adopt such legislative and other measures as may be necessary to confer criminal offences, where the act has been committed intentionally:
(a) (i) The conversion or transfer of property to which the person who is engaged knows that they are the proceeds of the crime, with the aim of concealing or disguising the illicit origin of the said property or helping any person who is involved in the commission of the main offence to escape the legal consequences of its acts;
(ii) The concealment or disguise of the true nature, origin, location, disposition, movement or ownership of the property or rights of which the author knows that they are the product of the crime;
(b) and, subject to the fundamental concepts of its legal system:
(i) When the acquisition, possession or use of property of which the person acquires, holds or uses it, at the time of receipt, knows that they are the proceeds of the crime;
(ii) Participation in any of the offences established in accordance with this section or any other association, agreement, attempt or complicity by provision of assistance, assistance or advice to the commission.
2. For the purposes of paragraph 1 of this Article:
(a) Each State Party shall endeavour to apply paragraph 1 of this article to the widest range of main offences;
(b) Each State Party shall include in the main offences all serious offences as defined in Article 2 of this Convention and offences established in accordance with Articles 5, 8 and 23. For States Parties whose legislation contains a list of specific major offences, they include in this list, at a minimum, a full range of offences related to organized criminal groups;
(c) For the purposes of paragraph (b), the main offences include offences committed within and outside the territory under the jurisdiction of the State Party in question. However, an offence committed outside the territory under the jurisdiction of a State Party shall be a principal offence only when the corresponding act is a criminal offence under the domestic law of the State in which it was committed and would constitute a criminal offence under the domestic law of the State Party applying this article if it had been committed in its territory;
(d) Each State Party shall give the Secretary-General of the United Nations a copy of its laws that give effect to this article and a copy of any subsequent amendments to these laws or a description of those laws and subsequent amendments;
(e) Where the fundamental principles of the domestic law of a State Party require it, it may be disposed that the offences set out in paragraph 1 of this article do not apply to persons who committed the main offence;
(f) Knowledge, intent or motivation, as constituent elements of an offence set out in paragraph 1 of this section, may be deducted from objective factual circumstances.
Article 7
Measures to combat money laundering
1. Each State Party:
(a) Establishes a comprehensive internal regulatory and control regime for banks and non-bank financial institutions, as well as, where appropriate, other entities that are particularly vulnerable to money laundering, within the limits of its jurisdiction, to prevent and detect all forms of money laundering, which emphasizes requirements for client identification, transaction registration and reporting of suspicious transactions;
(b) Ensure, without prejudice to Articles 18 and 27 of this Convention, that the administrative, regulatory, law enforcement and other authorities responsible for the fight against money-laundering (including, when its domestic law provides, the judicial authorities) are in a position to cooperate and exchange information at the national and international levels, under the conditions defined by its domestic law and, to that end, envisage the establishment of a national financial intelligence service that will
2. States Parties shall consider the implementation of feasible measures to detect and monitor the transboundary movement of appropriate negotiable species and securities, subject to safeguards to ensure the correct use of information and without impeding in any way the circulation of licit capital. In particular, individuals and businesses may be required to report cross-border transfers of significant quantities of appropriate species and negotiable securities.
3. In establishing an internal regulatory and control regime under this article, and without prejudice to any other article of this Convention, States Parties are invited to take, for guidance, relevant initiatives taken by regional, interregional and multilateral organizations to combat money-laundering.
4. States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation between judicial authorities, law enforcement agencies and financial regulatory authorities with a view to combating money-laundering.
Article 8
Criminalization of corruption
1. Each State Party shall adopt the necessary legislative and other measures to confer the character of a criminal offence, where the acts have been committed intentionally:
(a) Promise, offer or grant to a public officer, directly or indirectly, an undue benefit, for himself or another person or entity, in order that he or she perform or abstain from performing an act in the performance of his or her official duties;
(b) For a public officer to seek or accept, directly or indirectly, an undue benefit to himself or another person or entity, in order to perform or refrain from performing an act in the performance of his or her official duties.
2. Each State Party shall consider adopting the necessary legislative and other measures to criminalize the acts referred to in paragraph 1 of this article involving a foreign public official or an international civil servant. Similarly, each State Party envisages giving criminal offences to other forms of corruption.
3. Each State Party shall also adopt such measures as may be necessary to confer the character of a criminal offence by making itself complicit in an offence established in accordance with this article.
4. For the purposes of paragraph 1 of this article and article 9 of this Convention, the term "public agent" means a public official or a person performing a public service, as defined in domestic law and applied in the criminal law of the State Party in which the person in question exercises that function.
Article 9
Measures against corruption
1. In addition to the measures set out in Article 8 of this Convention, each State Party, as appropriate and in accordance with its legal system, shall adopt effective legislative, administrative or other measures to promote integrity and prevent, detect and punish corruption of public officials.
2. Each State Party shall take measures to ensure that its authorities act effectively in the prevention, detection and punishment of corruption of public officials, including by giving them sufficient independence to prevent inappropriate influence on their actions.
Article 10
Liability of legal persons
1. Each State Party shall adopt the necessary measures, in accordance with its legal principles, to establish liability for legal persons participating in serious offences involving an organized criminal group and committing offences established in accordance with articles 5, 6, 8 and 23 of this Convention.
2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.
3. This responsibility is without prejudice to the criminal responsibility of natural persons who have committed the offences.
4. Each State Party shall, in particular, ensure that legal persons held responsible in accordance with this article are subject to effective, proportionate and deterrent sanctions of a criminal or non-criminal nature, including monetary penalties.
Article 11
Judicial proceedings, judgement and sanctions
1. Each State Party shall make the commission of an offence established in accordance with Articles 5, 6, 8 and 23 of this Convention punishable by penalties that take into account the gravity of this offence.
2. Each State Party shall endeavour to ensure that any discretionary judicial power conferred by its domestic law and related to the prosecution of individuals for offences covered by this Convention is exercised in such a way as to maximize the effectiveness of the law enforcement and enforcement of such offences, with due regard to the need to exercise a deterrent effect with respect to their commission.
3. With regard to offences established in accordance with Articles 5, 6, 8 and 23 of this Convention, each State Party shall take appropriate measures in accordance with its domestic law and with due regard to the rights of the defence, to ensure that the conditions under which release decisions are subordinated pending the judgment or appeal proceedings shall take into account the need to ensure the presence of the defendant in subsequent criminal proceedings.
4. Each State Party shall ensure that its courts or other competent authorities bear in mind the gravity of the offences covered by this Convention when considering the possibility of an early or conditional release of persons convicted of such offences.
5. Where applicable, each State Party shall determine, under its domestic law, a period of prolonged statute of limitation during which proceedings may be brought against the head of any of the offences covered by this Convention, with a longer period of time when the alleged perpetrator of the offence has withdrawn from the courts.
6. Nothing in this Convention shall affect the principle that the definition of offences established in accordance with this Convention and the applicable legal means of defence, as well as other legal principles governing the legality of incriminations shall be exclusively within the domestic law of a State Party and that such offences shall be prosecuted and punished in accordance with the law of that State Party.
Article 12
Confiscation and seizure
1. States Parties shall, to the extent possible within their national legal systems, adopt the necessary measures to allow for confiscation:
(a) The proceeds of the crime from offences covered by this Convention or property valued at that of that product;
(b) Assets, equipment and other instruments used or intended for use in the offences covered by this Convention.
2. States Parties shall adopt such measures as may be necessary to enable the identification, location, freezing or seizure of anything referred to in paragraph 1 of this Article for the purpose of forfeiture.
3. If the proceeds of the crime have been transformed or converted, in part or in whole, into other property, the proceeds may be subject to the measures referred to in this section instead of the said product.
4. If the proceeds of the crime have been intermingled with property acquired legitimately, such property, without prejudice to any powers of freezing or seizure, may be confiscated to the value of the product that has been mixed with it.
5. Income or other benefits derived from proceeds of crime, property in which the product has been transformed or converted or property to which it has been intermingled may also be subject to the measures referred to in this section, in the same manner and to the same extent as the proceeds of the crime.
6. For the purposes of this Article and Article 13 of this Convention, each State Party shall empower its courts or other competent authorities to order the production or seizure of bank, financial or commercial documents. States Parties shall not invoke bank secrecy to refuse to give effect to the provisions of this paragraph.
7. States Parties may consider requiring that the perpetrator of an offence establish the lawful origin of the alleged proceeds of the crime or other property that may be confiscated, to the extent that this requirement is consistent with the principles of their domestic law and the nature of the judicial procedure and other procedures.
8. The interpretation of the provisions of this article shall in no case affect the rights of third parties in good faith.
9. Nothing in this article shall affect the principle that the measures referred to therein are defined and implemented in accordance with the domestic law of each State Party and in accordance with the provisions of that right.
Article 13
International cooperation for the purpose of confiscation
1. To the extent possible within the framework of its national legal system, a State Party that has received from another State Party having jurisdiction to hear an offence under this Convention a request for the confiscation of the proceeds of the crime, property, equipment or other instruments referred to in article 12, paragraph 1, of this Convention, which are located in its territory:
(a) Transmits the request to its competent authorities for the purpose of making a decision on confiscation and, if it intervenes, enforces it; or
(b) Transmits to its competent authorities, in order to be carried out within the limits of the application, the decision of confiscation taken by a court located in the territory of the requesting State Party in accordance with article 12, paragraph 1, of this Convention, with respect to the proceeds of the crime, property, equipment or other instruments referred to in article 12, paragraph 1, located in the territory of the requested State Party.
2. Where a request is made by another State Party which has jurisdiction to hear an offence under this Convention, the requested State Party shall take measures to identify, locate and freeze or seize the proceeds of the crime, property, equipment or other instruments referred to in article 12, paragraph 1, of this Convention, with a view to a possible confiscation to order either by the requesting State Party or as a result of a request made under article 12 of this Convention.
3. The provisions of Article 18 of this Convention shall apply mutatis mutandis to this Article. In addition to the information referred to in paragraph 15 of Article 18, applications made pursuant to this Article shall contain:
(a) Where the application falls under paragraph 1 (a) of this article, a description of the property to be confiscated and a statement of the facts on which the requesting State Party is based that allow the requested State Party to issue a decision on confiscation under its domestic law;
(b) When the application falls under paragraph 1 (b) of this article, a legally permissible copy of the confiscation decision rendered by the requesting State Party on which the application is based, a statement of the facts and information indicating the extent to which the decision is requested;
(c) When the application falls under paragraph 2 of this article, a statement of the facts on which the requesting State Party is based and a description of the measures requested.
4. The decisions or measures set out in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with its domestic law and in accordance with the provisions of that right, and in accordance with its procedural rules or any bilateral or multilateral treaty, agreement or arrangement binding it to the requesting State Party.
5. Each State Party shall give the Secretary-General of the United Nations a copy of its laws and regulations that give effect to this article and a copy of any subsequent amendments to these laws and regulations or a description of such laws, regulations and subsequent amendments.
6. If a State Party decides to subordinate the adoption of the measures referred to in paragraphs 1 and 2 of this article to the existence of a treaty in this regard, it considers this Convention to be a necessary and sufficient treaty basis.
7. A State Party may refuse to comply with a request for cooperation under this article in the event that the offence to which it relates is not an offence under this Convention.
8. The interpretation of the provisions of this article shall in no case affect the rights of third parties in good faith.
9. States Parties shall consider concluding bilateral or multilateral treaties, agreements or arrangements to enhance the effectiveness of international cooperation established for the purposes of this Article.
Article 14
Disposition of proceeds of confiscated crime or property
1. A State Party that confiscates the proceeds of crime or property under Article 12 or Article 13, paragraph 1, of this Convention shall dispose of such proceeds in accordance with its domestic law and administrative procedures.
2. When States Parties act at the request of another State Party pursuant to Article 13 of this Convention, they shall, to the extent that their domestic law allows them to do so and if the request is made, consider as a matter of priority the return of the proceeds of the crime or property confiscated to the requesting State Party, so that the latter may compensate the victims of the offence or return the proceeds of the crime to their property.
3. When a State Party acts at the request of another State Party pursuant to articles 12 and 13 of this Convention, it may consider in particular to enter into agreements or arrangements that provide for:
(a) To pay the value of that product or property, or the funds from their sale, or part thereof, to the account established pursuant to paragraph 2 (c) of Article 30 of this Convention and to intergovernmental bodies specialized in the fight against organized crime;
(b) To share with other States Parties, systematically or on a case-by-case basis, such proceeds or assets, or funds from their sale, in accordance with their domestic law or administrative procedures.
Article 15
Jurisdiction
1. Each State Party shall adopt the necessary measures to establish its jurisdiction over the offences established in accordance with Articles 5, 6, 8 and 23 of this Convention in the following cases:
(a) When the offence is committed in its territory; or
(b) When the offence is committed on board a vessel that is flying its flag or on board an aircraft registered in accordance with its domestic law at the time the offence is committed.
2. Subject to Article 4 of this Convention, a State Party may also establish jurisdiction over any of these offences in the following cases:
(a) When the offence is committed against one of its nationals;
(b) When the offence is committed by one of its nationals or by a stateless person usually residing in its territory; or
(c) When the offence is:
(i) One of those established in accordance with Article 5, paragraph 1, of this Convention and is committed outside its territory for the commission of a serious offence in its territory;
(ii) One of those established pursuant to paragraph 1 (b) (ii) of Article 6 of this Convention and is committed outside its territory for the commission, in its territory, of an offence established in accordance with subparagraphs (a) (i) or (ii), or (b) (i) of Article 6 of this Convention.
3. For the purposes of article 16, paragraph 10, of this Convention, each State Party shall adopt the necessary measures to establish its jurisdiction over the offences covered by this Convention when the alleged perpetrator is present in its territory and does not extradite that person on the sole ground that he is one of its nationals.
4. Each State Party may also adopt the necessary measures to establish its jurisdiction over the offences covered by this Convention when the alleged perpetrator is in its territory and does not extradite it.
5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that one or more other States Parties shall conduct an investigation or prosecute or judicial proceedings concerning the same act, the competent authorities of such States Parties shall consult, as appropriate, to coordinate their actions.
6. Without prejudice to the norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.
Article 16
Extradition
1. This article applies to offences covered by this Convention or in cases where an organized criminal group is involved in an offence referred to in paragraph 1 (a) or (b) of Article 3 and that the person subject to the extradition request is in the territory of the requested State Party, provided that the offence for which the extradition is requested is punishable by the domestic law of the requested State and
2. If the extradition request relates to several separate serious offences, some of which are not covered by this article, the requested State Party may also apply this article to the latter offences.
3. Each of the offences to which this article applies shall be in full law included in any extradition treaty in force between the States Parties as an offence to which the author may be extradited. States Parties undertake to include these offences as offences which the author may be extradited into any extradition treaty that they will conclude between them.
4. If a State Party that subordinates extradition to the existence of a treaty receives a request for extradition from a State Party with which it has not entered into such a treaty, it may consider this Convention as the legal basis for extradition for offences to which this article applies.
5. States Parties that subordinate extradition to the existence of a treaty:
(a) At the time of deposit of their instrument of ratification, acceptance, approval or accession to this Convention, indicate to the Secretary-General of the United Nations whether they consider this Convention as the legal basis for cooperating in extradition with other States Parties; and
(b) If they do not consider this Convention as the legal basis for cooperating in extradition matters, they shall endeavour, where appropriate, to conclude extradition treaties with other States Parties in order to apply this Article.
6. States Parties that do not subordinate extradition to the existence of a treaty shall recognize between them the offences to which this article applies the offence to which the author may be extradited.
7. Extradition shall be subject to the conditions laid down in the domestic law of the requested State Party or the applicable extradition treaties, including, inter alia, the conditions for the minimum penalty required for extradition and the grounds for which the requested State Party may refuse extradition.
8. States Parties shall endeavour, subject to their domestic law, to expedite extradition proceedings and to simplify the evidentiary requirements in respect of the offences to which this article applies.
9. Subject to the provisions of its domestic law and the extradition treaties it has concluded, the requested State Party may, at the request of the requesting State Party and if it considers that the circumstances warrant it and that there is an urgent need, place in detention a person present in its territory whose extradition is requested or take any other appropriate measures to ensure his presence in the extradition proceedings.
10. A State Party in the territory of which the alleged perpetrator of the offence is located, if it does not extradite the person under an offence to which this article applies solely on the ground that he is one of its nationals, is required, at the request of the requesting State Party, to submit the case without excessive delay to its competent authorities for the purposes of prosecution. Such authorities shall take their decision and prosecute in the same manner as any other serious offence under the domestic law of that State Party. Interested States Parties shall cooperate with each other, including on procedural and evidence, to ensure the effectiveness of the proceedings.
11. Where a State Party, under its domestic law, is not authorized to extradite or surrender in any other manner any of its nationals unless that person is then returned to that State Party to serve the sentence pronounced at the end of the trial or proceedings at the origin of the request for extradition or surrender, and where that State Party and the requesting State agree on this option and other conditions of extradition,
12. If the extradition, requested for the purpose of enforcement of a sentence, is refused because the person subject to that request is a national of the requested State Party, the State Party, if its domestic law allows it, in accordance with the requirements of that right and at the request of the requesting State Party, envisages the enforcement of the sentence that has been imposed in accordance with the domestic law of the requesting State Party, or the binding.
13. Any person who is prosecuted for any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including the enjoyment of all rights and guarantees under the domestic law of the State Party in the territory of which it is located.
14. Nothing in this Convention shall be construed as requiring the requested State Party to extradite if it has serious grounds for believing that the application has been submitted for the purpose of prosecuting or punishing a person on the basis of his or her sex, race, religion, nationality, ethnic origin or political opinion, or that following this request would cause harm to that person on any of these grounds.
15. States Parties may not refuse an extradition request on the sole ground that the offence is also considered to be related to tax matters.
16. Before refusing extradition, the requested State Party shall consult, as appropriate, the requesting State Party in order to give it any opportunity to present its views and to provide information in support of its allegations.
17. States Parties shall endeavour to conclude bilateral and multilateral agreements or arrangements to permit extradition or to increase its effectiveness.
Article 17
Transfer of convicted persons
States Parties may consider entering into bilateral or multilateral agreements or arrangements relating to the transfer of persons sentenced to imprisonment or other custodial sentences on their territory as a result of offences covered by this Convention so that they may serve the remainder of their sentences.
Article 18
Mutual legal assistance
1. States Parties shall mutually agree with the widest possible mutual legal assistance in the investigation, prosecution and judicial proceedings of the offences referred to in this Convention, as provided for in Article 3, and shall mutually agree with such mutual assistance when the requesting State Party has reasonable grounds to suspect that the offence referred to in paragraph 1 (a) or (b) of Article 3 is transnational in nature, including when the witnesses,
2. The widest possible mutual legal assistance is granted, as far as the relevant laws, treaties, agreements and arrangements of the requested State Party permit, in investigations, prosecutions and judicial proceedings relating to offences that a legal person may be held liable in the requesting State Party, in accordance with Article 10 of this Convention.
3. The mutual legal assistance granted under this section may be requested for the following purposes:
(a) Collect testimony or statements;
(b) To sign judicial acts;
(c) Conduct searches and seizures, as well as gels;
(d) Examine objects and visit places;
(e) Provide information, evidence and expert estimates;
(f) Provide originals or certified copies of relevant documents and records, including administrative, banking, financial or commercial documents and corporate documents;
(g) Identify or locate proceeds of crime, property, instruments or other things to collect evidence;
(h) Facilitate the voluntary appearance of persons in the requesting State Party;
(i) Provide any other type of assistance consistent with the domestic law of the requested State Party.
4. Without prejudice to its domestic law, the competent authorities of a State Party may, without prior request, provide information relating to criminal matters to a competent authority of another State Party, if they believe that such information could assist it in undertaking or concluding criminal investigations and prosecutions, or cause the latter State Party to make a request under this Convention.
5. The communication of information pursuant to paragraph 4 of this article shall be carried out without prejudice to criminal investigations and prosecutions in the State of which the competent authorities provide the information. Competent authorities that receive this information shall, at any request that such information be kept confidential, even temporarily, or that its use be restricted. However, this does not prevent the State Party receiving the information from revealing, during the judicial proceedings, information to the discharge of an accused person. In the latter case, the State Party that receives the information shall notify the State Party that communicates them before the disclosure and, if requested, consult the State Party. If, in an exceptional case, prior notification is not possible, the State Party which receives the information shall without delay inform the State Party which communicates them.
6. The provisions of this Article shall not affect any obligations arising from any other bilateral or multilateral treaty governing or to govern, wholly or partially, mutual legal assistance.
7. Paragraphs 9 to 29 of this Article shall apply to requests made under this Article if the States Parties in question are not bound by a mutual legal assistance treaty. If the said States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply in their place the provisions of paragraphs 9 to 29 of this article. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation.
8. States Parties shall not invoke bank secrecy to refuse mutual legal assistance under this Article.
9. States Parties may invoke the absence of dual criminality to refuse to comply with a request for mutual legal assistance under this Article. The requested State Party may nevertheless, when it deems it appropriate, provide such assistance, to the extent that it decides at its option, regardless of whether the act constitutes an offence in accordance with the domestic law of the requested State Party.
10. Any person detained or serving a sentence on the territory of a State Party, whose presence is required in another State Party for the purpose of identifying or testifying or otherwise assisting in obtaining evidence in the course of investigations, prosecutions or judicial proceedings relating to the offences covered by this Convention, may be transferred if the following conditions are met:
(a) The said person freely and knowingly consents to it;
(b) The competent authorities of the two States Parties concerned consent, subject to such conditions as those States Parties may consider appropriate.
11. For the purposes of paragraph 10 of this article:
(a) The State Party to which the transfer is made has the power and obligation to keep the person in custody, unless otherwise requested or authorized by the State Party from which the person was transferred;
(b) The State Party to which the transfer is made shall, without delay, fulfil the obligation to hand over the person concerned to the custody of the State Party from which the transfer has been made, in accordance with what has been previously agreed or that the competent authorities of the two States Parties have otherwise decided;
(c) The State Party to which the transfer is made may not require the State Party from which the transfer is made that it initiate an extradition procedure for surrender of the person concerned;
(d) It shall be taken into account the period of detention of the individual in the State Party to which he was transferred for the purpose of counting the sentence to be served in the State Party from which he was transferred.
12. Unless the State Party from which a person is to be transferred under paragraphs 10 and 11 of this article gives its consent, the said person, irrespective of his nationality, shall not be prosecuted, detained, punished or subjected to other restrictions on his freedom of movement in the territory of the State Party to which he is transferred on account of acts, omissions or convictions prior to his departure from the State Party to which he is transferred
13. Each State Party shall designate a central authority that has the responsibility and authority to receive requests for mutual legal assistance and, either to execute them or to transmit them to the competent authorities for execution. If a State Party has a region or special territory with a different mutual legal assistance system, it may designate a separate central authority that will have the same function for that region or territory. The central authorities shall ensure the timely and proper execution or tranmission of requests received. If the central authority transmits the application to a competent authority for enforcement, it shall encourage the prompt and proper execution of the application by the competent authority. The central authority designated for this purpose shall be notified to the Secretary-General of the United Nations when each State Party deposits its instruments of ratification, acceptance or approval or accession to this Convention. Requests for mutual legal assistance and any related communication are transmitted to the central authorities designated by the States Parties. This provision is without prejudice to the right of any State Party to require that such requests and communications be sent to it by diplomatic means and, in the event of an emergency, if the States Parties so agree, through the International Criminal Police Organization, if possible.
14. Requests shall be sent in writing or, if possible, by any other means that may produce a written document in a language acceptable to the requested State Party, under conditions allowing the State Party to establish its authenticity. The acceptable language(s) for each State Party shall be notified to the Secretary-General of the United Nations at the time that the said State Party deposits its instruments of ratification, acceptance or approval or accession to this Convention. In the event of an emergency and if the States Parties agree, requests may be made orally, but must be confirmed without delay in writing.
15. A mutual legal assistance request must contain the following information:
(a) The designation of the authority whose application emanates;
(b) The subject matter and nature of the investigation, prosecution or judicial proceedings to which the application relates, as well as the name and functions of the authority responsible for it;
(c) A summary of the relevant facts, except for applications for the purpose of serving judicial acts;
(d) A description of the assistance required and the details of any particular procedure that the requesting State Party wishes to have applied;
(e) If possible, the identity, address and nationality of any person concerned; and
(f) The purpose in which testimony, information or measures are requested.
16. The requested State Party may request additional information when it appears necessary to execute the request in accordance with its domestic law or where it may facilitate the execution of the request.
17. Any application shall be carried out in accordance with the domestic law of the requested State Party and, to the extent that it does not contravene the domestic law of the requested State Party and where possible, in accordance with the procedures specified in the application.
18. Where possible and in accordance with the fundamental principles of domestic law, if a person in the territory of a State Party is to be heard as a witness or as an expert by the judicial authorities of another State Party, the first State Party may, at the request of the other State Party, authorize its hearing by videoconference if it is not possible or desirable that it appear in person in the territory of the requesting State Party. States Parties may agree that the hearing shall be conducted by a judicial authority of the requesting State Party and that a judicial authority of the requested State Party shall attend.
19. The requesting State Party shall not disclose or use the information or evidence provided by the requested State Party for investigations, prosecutions or judicial proceedings other than those referred to in the application without the prior consent of the requested State Party. Nothing in this paragraph prevents the requesting State Party from revealing information or evidence at the time of the proceedings. In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if requested, consult the requested State Party. If, in an exceptional case, prior notification is not possible, the requesting State Party shall promptly inform the requested State Party of the revelation.
20. The requesting State Party may require that the requested State Party keep the secret on the application and its content, except to the extent necessary to enforce it. If the requested State Party cannot meet this requirement, it shall promptly inform the requesting State Party.
21. Mutual legal assistance may be denied:
(a) If the application is not made in accordance with the provisions of this Article;
(b) If the requested State Party considers that the execution of the request is likely to affect its sovereignty, security, public order or other essential interests;
(c) In the event that the domestic law of the requested State Party would prohibit its authorities from taking the measures requested if it were a similar offence that had been investigated, prosecuted or prosecuted within its own jurisdiction;
(d) Should it be contrary to the legal system of the requested State Party concerning mutual legal assistance to accept the request.
22. States Parties may not refuse an application for mutual legal assistance on the sole ground that the offence is also considered to be related to tax matters.
23. Any refusal of mutual legal assistance must be motivated.
24. The requested State Party shall carry out the request for mutual legal assistance as expeditiously as possible and shall take into account, to the extent possible, any deadlines suggested by the requesting State Party and which are motivated, preferably in the application. The requested State Party shall respond to reasonable requests from the requesting State Party regarding the progress made in the execution of the request. When the requested assistance is no longer necessary, the requesting State Party shall promptly inform the requested State Party.
25. Mutual legal assistance may be postponed by the requested State Party on the grounds that it would impede ongoing investigation, prosecution or judicial proceedings.
26. Before refusing an application under paragraph 21 of this article or deferring its execution under paragraph 25, the requested State Party shall study with the requesting State Party the possibility of granting assistance subject to such conditions as it considers necessary. If the requesting State Party accepts assistance subject to these conditions, it shall comply with those conditions.
27. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, consents to file in a proceeding or to cooperate in an investigation, prosecution or judicial proceedings in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to other restrictions on his personal liberty in that territory on the basis of acts, omissions or prior convictions This immunity ceases when the witness, expert or person having, for a period of fifteen consecutive days or for any other period agreed by the States Parties, from the date on which they were formally informed that their presence was no longer required by the judicial authorities, the possibility of leaving the territory of the requesting State Party, however, remained voluntarily or, having left, returned voluntarily.
28. The ordinary costs incurred in carrying out an application shall be borne by the requested State Party, unless otherwise agreed between the States Parties concerned. When significant or extraordinary expenditures are or are subsequently necessary to implement the application, States Parties shall consult to determine the conditions under which the application will be carried out, as well as the manner in which the costs will be incurred.
29. The requested State Party:
(a) Provides to the requesting State Party copies of records, documents or administrative information in its possession and to which, under its domestic law, the public has access;
(b) May, at its option, provide the requesting State Party in full, in part or under the conditions it considers appropriate, copies of any records, documents or administrative information in its possession and to which, under its domestic law, the public has no access.
30. States Parties shall consider, where appropriate, the possibility of entering into bilateral or multilateral agreements or arrangements that serve the purposes and provisions of this Article, give them practical effect or strengthen them.
Article 19
Joint investigations
States Parties shall consider concluding bilateral or multilateral agreements or arrangements under which, for cases investigated, prosecuted or prosecuted in one or more States, the competent authorities concerned may establish joint investigations. In the absence of such agreements or arrangements, joint investigations may be decided on a case-by-case basis. The States Parties concerned shall ensure that the sovereignty of the State Party in whose territory the investigation is to take place is fully respected.
Rule 20
Special investigative techniques
1. If the fundamental principles of its national legal system permit, each State Party, taking into account its possibilities and in accordance with the conditions prescribed in its domestic law, shall take the necessary measures to allow the appropriate use of controlled deliveries and, where it considers appropriate, the use of other special investigative techniques, such as electronic surveillance or other forms of surveillance and infiltration operations, by its competent authorities in its territory with a view to effectively combating organized crime.
2. For the purpose of investigating the offences covered by this Convention, States Parties are encouraged to conclude, where necessary, appropriate bilateral or multilateral agreements or arrangements to use special investigative techniques in international cooperation. These agreements or arrangements are concluded and applied in full respect of the principle of sovereign equality of States and are implemented in strict compliance with the provisions they contain.
3. In the absence of agreements or arrangements referred to in paragraph 2 of this Article, decisions to use special investigative techniques at the international level shall be taken on a case-by-case basis and may, if necessary, take into account agreements and financial arrangements with respect to the exercise of their jurisdiction by the States Parties concerned.
4. The controlled deliveries to which it is decided to use at the international level may include, with the consent of the States Parties concerned, methods such as the interception of the goods and the authorization of the continuation of their delivery, without alteration or after subtraction or replacement of all or part of these goods.
Article 21
Transfer of criminal proceedings
States Parties shall consider the possibility of mutual transfer of proceedings relating to the prosecution of an offence referred to in this Convention in cases where such transfer is deemed necessary in the interest of good administration of justice and, in particular, where several jurisdictions are concerned, with a view to centralizing prosecutions.
Article 22
Judicial background
Each State Party may adopt such legislative or other measures as are necessary to take into account, under the conditions and for the purposes it deems appropriate, any conviction that the alleged perpetrator of an offence has previously been subjected to in another State in order to use that information in a criminal procedure relating to an offence under this Convention.
Article 23
Incrimination of the buried
the functioning of justice
Each State Party shall adopt such legislative and other measures as are necessary to confer criminal offences, where the acts have been committed intentionally:
(a) By resorting to physical force, threats or intimidation or to promise, offer or give an undue benefit in order to obtain false testimony or to prevent testimony or presentation of evidence in proceedings related to the commission of offences referred to in this Convention;
(b) By resorting to physical force, threats or intimidation to prevent a law enforcement officer or a law enforcement officer from exercising their duties in the commission of offences covered by this Convention. Nothing in this paragraph affects the right of States Parties to have legislation to protect other categories of public officials.
Article 24
Protection of witnesses
1. Each State Party shall, within its means, take appropriate measures to ensure effective protection against any acts of reprisal or intimidation against witnesses who, in criminal proceedings, testify about the offences covered by this Convention and, where appropriate, their parents and other persons close to them.
2. The measures envisaged in paragraph 1 of this article may include, without prejudice to the rights of the defendant, including the right to due process:
(a) To establish procedures for the physical protection of these persons, including, as appropriate and to the extent possible, to provide them with a new home and to allow, where appropriate, information concerning their identity and where they are located, not to be disclosed or to be limited to their disclosure;
(b) Provide for rules of evidence that allow witnesses to file in a manner that ensures their safety, including allowing them to file using communication techniques such as video links or other appropriate means.
3. States Parties shall consider making arrangements with other States to provide a new domicile to the persons referred to in paragraph 1 of this article.
4. The provisions of this section also apply to victims when they are witnesses.
Rule 25
Provision of assistance
and Protection to Victims
1. Each State Party shall, within its capacity, take appropriate measures to provide assistance and provide protection to victims of offences covered by this Convention, in particular in cases of threats of reprisal or intimidation.
2. Each State Party shall establish appropriate procedures to allow victims of offences covered by this Convention to obtain redress.
3. Each State Party, subject to its domestic law, shall ensure that the views and concerns of the victims are presented and taken into account at the appropriate stages of the criminal proceedings against the perpetrators, in a manner that does not prejudice the rights of the defence.
Rule 26
Measures to enhance cooperation
with law enforcement agencies
1. Each State Party shall take appropriate measures to encourage persons participating or participating in organized criminal groups:
(a) To provide useful information to the competent authorities for the purpose of investigating and seeking evidence on such matters as:
(i) The identity, nature, composition, structure or activities of organized criminal groups, or where they are located;
(ii) Links, including at the international level, with other organized criminal groups;
(iii) Crimes that organized criminal groups have committed or could commit;
(b) Providing factual and concrete assistance to the relevant authorities, which could help to deprive organized criminal groups of their resources or proceeds of crime.
2. Each State Party shall consider providing for the possibility, in appropriate cases, of alleviating the punishment of an accused person who cooperates in a suspicious manner in the investigation or prosecution of an offence under this Convention.
3. Each State Party shall consider the possibility, in accordance with the fundamental principles of its domestic law, to grant immunity from prosecution to a person who substantially cooperates in the investigation or prosecution of an offence under this Convention.
4. The protection of these persons is ensured as provided for in Article 24 of this Convention.
5. Where a person referred to in paragraph 1 of this article and located in a State Party may provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider entering into agreements or arrangements, in accordance with their domestic law, with respect to the possibility of granting by the other State Party the treatment described in paragraphs 2 and 3 of this article.
Rule 27
Cooperation between services
law enforcement
1. States Parties shall cooperate closely, in accordance with their respective legal and administrative systems, with a view to enhancing the effectiveness of the law enforcement of the offences covered by this Convention. In particular, each State Party shall adopt effective measures to:
(a) Strengthen or, where necessary, establish channels of communication between its competent authorities, agencies and services to facilitate the safe and timely exchange of information on all aspects of the offences covered by this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities.
(b) Cooperate with other States Parties, with respect to the offences covered by this Convention, in conducting investigations into the following:
(i) Identity and activities of persons suspected of involvement in such offences, where they are located or where the other persons concerned are located;
(ii) Movement of proceeds of crime or property derived from the commission of such offences;
(iii) Movement of goods, materials or other instruments used or intended to be used in the commission of such offences;
(c) Provide, where appropriate, the parts or quantities of substances required for analysis or investigation;
(d) Facilitate effective coordination between competent authorities, agencies and services and promote the exchange of personnel and experts, including, subject to bilateral agreements or arrangements between the States Parties concerned, the detachment of liaison officers;
(e) Exchange, with other States Parties, information on the specific means and processes used by organized criminal groups, including, where appropriate, on routes and means of transport as well as on the use of false identities, modified or falsified documents or other means of concealing their activities;
(f) Exchange information and coordinate administrative and other measures, as appropriate, to detect the offences covered by this Convention as soon as possible.
2. In order to give effect to this Convention, States Parties shall consider concluding bilateral or multilateral agreements or arrangements that provide for direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, amend them. In the absence of such agreements or arrangements between the States Parties concerned, they may rely on this Convention to establish law enforcement cooperation with respect to the offences covered by this Convention. Where appropriate, States Parties shall fully utilize agreements or arrangements, including international or regional organizations, to enhance cooperation between their law enforcement agencies.
3. States Parties shall endeavour to cooperate, to the extent of their means, to deal with transnational organized crime by means of modern techniques.
Rule 28
Collection, exchange and analysis of information
on the nature of organized crime
1. Each State Party shall consider analysing, in consultation with the scientific and academic community, trends in organized crime in its territory, the circumstances under which it operates, as well as the professional groups and the techniques involved.
2. States Parties shall consider developing their capacities to analyse organized criminal activities and to share them directly with each other and through international and regional organizations. To this end, common definitions, standards and methods should be developed and applied as appropriate.
3. Each State Party shall consider following its policies and concrete measures taken to combat organized crime and assessing their implementation and effectiveness.
Rule 29
Training and technical assistance
1. Each State Party shall establish, develop or improve, to the extent necessary, specific training programmes for the personnel of its law enforcement agencies, including prosecutors, investigating judges and customs officers, as well as other personnel responsible for preventing, detecting and punishing offences covered by this Convention. These programmes may include detachments and staff exchanges. In particular, to the extent that domestic law authorizes it, they relate to:
(a) Methods used to prevent, detect and combat offences covered by this Convention;
(b) Itineraries borrowed and used by persons suspected of involvement in offences covered by this Convention, including in transit States, and appropriate measures to combat them;
(c) Monitoring of the smuggling movement;
(d) Detection and monitoring of the movement of proceeds of crime, property, equipment or other instruments, and methods of transfer, concealment or disguise of the proceeds, property, equipment or other instruments, as well as methods of combating money-laundering and other financial offences;
(e) Gathering evidence;
(f) Control techniques in free zones and free ports;
(g) Modern law enforcement equipment and technology, including electronic surveillance, controlled deliveries and infiltration operations;
(h) Methods used to combat transnational organized crime by means of computers, telecommunications networks or other modern techniques; and
(i) Methods used to protect victims and witnesses.
2. States Parties shall assist in planning and carrying out research and training programmes designed to exchange specialized knowledge in the areas referred to in paragraph 1 of this article and, to that end, shall use, where appropriate, regional and international conferences and seminars to promote cooperation and stimulate exchange of views on common problems, including the particular problems and needs of transit States.
3. States Parties shall encourage training and technical assistance activities to facilitate extradition and mutual legal assistance. These training and technical assistance activities may include language training, detachments and exchanges between staff of central authorities or organizations with responsibilities in the areas covered.
4. Where there are existing bilateral and multilateral agreements or arrangements, the States Parties shall, as necessary, strengthen the measures taken to optimize operational and training activities in international and regional organizations and other bilateral and multilateral agreements or arrangements in this area.
Rule 30
Other measures: implementation of the Convention
economic development and technical assistance
1. States Parties shall take measures to ensure the best possible implementation of this Convention by international cooperation, taking into account the negative effects of organized crime on society in general, and on sustainable development in particular.
2. States Parties shall make concrete efforts, to the extent possible, and in coordination with each other and with regional and international organizations:
(a) To develop their cooperation at different levels with developing countries, with a view to strengthening their capacity to prevent and combat transnational organized crime;
(b) To increase financial and material assistance to developing countries to support their efforts to effectively combat transnational organized crime and to assist them in the successful implementation of this Convention;
(c) To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the purposes of this Convention. To this end, States Parties shall endeavour to make appropriate and regular contributions to an account established for this purpose within the framework of a United Nations funding mechanism. States Parties may also give special consideration, in accordance with their domestic law and the provisions of this Convention, to pay a percentage of the funds or the corresponding value of the proceeds of the crime or property confiscated under the provisions of this Convention;
(d) To encourage and persuade other States and financial institutions, as appropriate, to join in the efforts made in accordance with this article, including by providing developing countries with more training programmes and modern equipment to help them achieve the objectives of this Convention.
3. As far as possible, these measures are taken without prejudice to existing foreign assistance commitments or other financial cooperation arrangements at the bilateral, regional or international levels.
4. States Parties may enter into bilateral or multilateral agreements or arrangements on material and logistical assistance, taking into account the financial arrangements necessary to ensure the effectiveness of the means of international cooperation provided for in this Convention and to prevent, detect and combat transnational organized crime.
Rule 31
Prevention
1. States Parties shall endeavour to develop and evaluate national projects and to establish and promote best practices and policies to prevent transnational organized crime.
2. In accordance with the fundamental principles of their domestic law, States Parties shall endeavour to reduce, through appropriate legislative, administrative or other measures, the present or future opportunities of organized criminal groups to participate in the activity of lawful markets using the proceeds of crime. These measures should focus on:
(a) Strengthening cooperation between law enforcement agencies or prosecutors and concerned private entities, particularly in the industry;
(b) Promoting the development of standards and procedures to preserve the integrity of public entities and private entities involved, as well as codes of conduct for the professions concerned, including those of justice, notary, tax advisor and accountant;
(c) The prevention of unsuitable use by organized criminal groups of tender procedures conducted by public authorities as well as subsidies and licences granted by public authorities for commercial activity;
(d) The prevention of improper use by organized criminal groups of legal persons; these measures could include:
(i) The establishment of public registers of legal and physical persons involved in the creation, management and financing of legal persons;
(ii) The possibility of detaining persons convicted of offences under this Convention, by a court decision or by any appropriate means, for a reasonable period of time, from the right to direct legal persons incorporated in their territory;
(iii) The establishment of national registers of persons deprived of the right to lead legal persons; and
(iv) The exchange of information contained in the registers referred to in subparagraph (i) and (iii) of this paragraph with the competent authorities of other States Parties.
3. States Parties shall endeavour to promote the reintegration into society of persons convicted of offences covered by this Convention.
4. States Parties shall endeavour to periodically evaluate the relevant legal instruments and administrative practices with a view to determining whether there are gaps in which organized criminal groups can make use of them unsuitable.
5. States Parties shall endeavour to raise public awareness of the existence, causes and severity of transnational organized crime and its threat. They can do so, as appropriate, through the media and by adopting measures to promote public participation in prevention and control activities.
6. Each State Party shall communicate to the Secretary-General of the United Nations the name and address of the authority or authorities that may assist other States Parties in developing measures to prevent transnational organized crime.
7. States Parties shall cooperate, as appropriate, with each other and with relevant regional and international organizations to promote and develop the measures referred to in this Article. As such, they are involved in international projects to prevent transnational organized crime, for example by acting on factors that make socially marginalized groups vulnerable to the action of transnational organized crime.
Rule 32
Conference of the Parties to the Convention
1. A Conference of the Parties to the Convention is established to improve the capacity of States Parties to combat transnational organized crime and to promote and review the implementation of this Convention.
2. The Secretary-General of the United Nations will convene the Conference of the Parties no later than one year after the entry into force of this Convention. The Conference of the Parties shall adopt rules of procedure and rules governing the activities set out in paragraphs 3 and 4 of this rule (including rules relating to the financing of expenditures incurred under these activities).
3. The Conference of the Parties shall establish mechanisms to achieve the objectives referred to in paragraph 1 of this Article, including:
(a) It facilitates the activities of States Parties under articles 29, 30 and 31 of the present Convention, including by encouraging the mobilization of voluntary contributions;
(b) It facilitates the exchange of information between States Parties on the characteristics and trends of transnational organized crime and effective practices to combat it;
(c) It cooperates with relevant regional and international organizations and non-governmental organizations;
(d) It regularly reviews the application of this Convention;
(e) It makes recommendations to improve this Convention and its implementation;
4. For the purposes of subparagraphs (d) and (e) of paragraph 3 of this Article, the Conference of the Parties shall enquire about the measures adopted and the difficulties encountered by the States Parties in implementing this Convention using the information provided to it and the additional review mechanisms that it may establish.
5. Each State Party shall transmit to the Conference of the Parties, as required, information on its programmes, plans and practices and on its legislative and administrative measures to implement this Convention.
Rule 33
Secretariat
1. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the Parties to the Convention.
2. The secretariat:
(a) Assists the Conference of the Parties in carrying out the activities set out in Article 32 of this Convention, arranges and provides the necessary services for the sessions of the Conference of the Parties;
(b) Assists States Parties, upon request, to provide information to the Conference of the Parties as provided for in Article 32, paragraph 5, of this Convention; and
(c) Ensures necessary coordination with the secretariat of relevant regional and international organizations.
Rule 34
Implementation of the Convention
1. Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with the fundamental principles of its domestic law, to ensure the fulfilment of its obligations under this Convention.
2. The offences established in accordance with Articles 5, 6, 8 and 23 of this Convention shall be established in the domestic law of each State Party irrespective of their transnational nature or the involvement of a criminal group organized as set out in Article 3, paragraph 1, of this Convention, except to the extent that, in accordance with Article 5 of this Convention, the involvement of an organized criminal group would be required.
3. Each State Party may adopt stricter or more severe measures than those provided for in this Convention in order to prevent and combat transnational organized crime.
Rule 35
Settlement of disputes
1. States Parties shall endeavour to resolve disputes concerning the interpretation or application of this Convention through negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled by negotiation within a reasonable time is, at the request of one of these States Parties, subject to arbitration. If, within six months of the date of the application for arbitration, the States Parties may not agree on the organization of the arbitration, any of them may submit the dispute to the International Court of Justice by making a request in accordance with the Statute of the Court.
3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this Article. Other States Parties shall not be bound by paragraph 2 of this article to any State Party that has issued such a reservation.
4. Any State Party that has issued a reservation under paragraph 3 of this article may withdraw it at any time by making a notification to the Secretary-General of the United Nations.
Rule 36
Signature, ratification, acceptance,
approval and accession
1. This Convention shall be open for signature by all States from 12 to 15 December 2000 in Palermo, Italy, and thereafter at the United Nations Headquarters in New York, until 12 December 2002.
2. This Convention is also open for signature by regional economic integration organizations provided that at least one Member State of such an organization has signed this Convention in accordance with paragraph 1 of this Article.
3. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instruments of ratification, acceptance or approval if at least one of its member States has done so. In this instrument of ratification, acceptance or approval, this organization declares the extent of its jurisdiction over matters governed by this Convention. It also informs the depositary of any relevant changes to the scope of its jurisdiction.
4. This Convention shall be open to the accession of any State or regional economic integration organization of which at least one Member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization declares the scope of its jurisdiction with respect to matters governed by this Convention. It also informs the depositary of any relevant changes to the scope of its jurisdiction.
Rule 37
Relationship with protocols
1. This Convention may be supplemented by one or more protocols.
2. To become a Party to a Protocol, a State or regional economic integration organization must also be a Party to this Convention.
3. A State Party to this Convention shall not be bound by a protocol unless it becomes a Party to the Protocol in accordance with the provisions of the Protocol.
4. Any protocol to this Convention shall be interpreted in conjunction with this Convention, taking into account the purpose of this Protocol.
Rule 38
Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession. For the purposes of this paragraph, none of the instruments deposited by a regional economic integration organization shall be considered as an instrument to be added to the instruments already deposited by the member States of that organization.
2. For each State or regional economic integration organization that ratifys, accepts or approves this Convention or accedes to it after the deposit of the fortieth relevant instrument, this Convention shall enter into force on the thirtieth day after the date of deposit of the relevant instrument by that State or that organization.
Rule 39
Amendment
1. Upon the expiry of a five-year period from the date of entry into force of this Convention, a State Party may propose an amendment and deposit it with the Secretary-General of the United Nations. The latter then forwards the amendment proposal to the States Parties and to the Conference of the Parties to the Convention for consideration of the proposal and adoption of a decision. The Conference of the Parties shall make every effort to reach consensus on any amendment. If all efforts to this end have been exhausted without an agreement, a two-thirds majority vote of the States Parties present at the Conference of the Parties will be required, as a last resort, for the amendment to be adopted.
2. Regional economic integration organizations shall have a number of votes equal to the number of their member States Parties to this Convention to exercise, under this Article, their right to vote in matters within their competence. They do not exercise their right to vote if their Member States exercise their own, and vice versa.
3. An amendment adopted in accordance with paragraph 1 of this article shall be subject to ratification, acceptance or approval by States Parties.
4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force for a State Party ninety days after the date of deposit by that State Party to the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of that amendment.
5. An amendment entered into force is binding on States Parties that have expressed their consent to be bound by it. Other States Parties shall remain bound by the provisions of this Convention and all previous amendments which they have ratified, accepted or approved.
Rule 40
Denunciation
1. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.
2. A regional economic integration organization ceases to be a Party to this Convention when all its member States have denounced it.
3. The denunciation of this Convention in accordance with paragraph 1 of this article shall entail the denunciation of any protocol thereto.
Rule 41
Depositary and languages
1. The Secretary-General of the United Nations is the depositary of this Convention.
2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited with the Secretary-General of the United Nations.
In faith, the undersigned Plenipotentiaries, duly authorized by their respective Governments, have signed this Convention.
Done in Paris on 8 September 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Dominique de Villepin
